STATE OF NEW YORK
        ________________________________________________________________________

            S. 7505                                                  A. 9505

                SENATE - ASSEMBLY

                                    January 22, 2020
                                       ___________

        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when printed to be committed to the Committee on Finance

        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

        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-
          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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12670-01-0

        S. 7505                             2                            A. 9505

          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
          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-

        S. 7505                             3                            A. 9505

          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
          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

        S. 7505                             4                            A. 9505

          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);  and to provide for the adminis-
          tration of certain funds and accounts related to the 2020-2021 budget,
          authorizing 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 issu-
          ance of certain bonds or notes; to amend the public  authorities  law,
          in relation to the issuance of certain bonds or notes; to amend part K
          of  chapter  81  of  the  laws  of 2002, relating to providing for the
          administration of certain funds and accounts related to the  2002-2003

        S. 7505                             5                            A. 9505

          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
          establishment  of  the  dedicated  highway  and  bridge trust fund, in
          relation to the issuance of certain  bonds  or  notes;  to  amend  the
          public  authorities  law, in relation to the issuance of certain bonds
          or notes; to amend the 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)

          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 VV. 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:
    25    § 3. This act shall take effect on the  first  day  of  November  next
    26  succeeding  the  date  on  which  it  shall have become a law, and shall
    27  remain in effect until the first day of September, [2020] 2022, when  it
    28  shall expire and be deemed repealed.
    29    §  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
    30  correction law and the penal  law  relating  to  prisoner  furloughs  in
    31  certain  cases  and  the  crime  of  absconding therefrom, as amended by
    32  section 3 of part O of chapter 55 of the laws of  2019,  is  amended  to
    33  read as follows:

        S. 7505                             6                            A. 9505

     1    §  3.  This act shall take effect 60 days after it shall have become a
     2  law and shall remain in effect until September 1, [2020] 2022.
     3    §  4. Section 20 of chapter 261 of the laws of 1987, amending chapters
     4  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
     5  other chapters and laws relating to correctional facilities, as  amended
     6  by  section 4 of part O of chapter 55 of the laws of 2019, is amended to
     7  read as follows:
     8    § 20. This act shall take effect immediately except that section thir-
     9  teen of this act shall expire and be of no further force  or  effect  on
    10  and  after  September  1,  [2020]  2022  and  shall not apply to persons
    11  committed to the custody of the department after such date, and provided
    12  further that the commissioner of corrections and  community  supervision
    13  shall  report  each January first and July first during such time as the
    14  earned eligibility program is in effect, to the chairmen of  the  senate
    15  crime  victims, crime and correction committee, the senate codes commit-
    16  tee, the assembly correction committee, and the assembly  codes  commit-
    17  tee,  the  standards  in  effect for earned eligibility during the prior
    18  six-month period, the number of inmates subject  to  the  provisions  of
    19  earned  eligibility,  the  number  who actually received certificates of
    20  earned eligibility during that period of time,  the  number  of  inmates
    21  with  certificates who are granted parole upon their first consideration
    22  for parole, the number with certificates  who  are  denied  parole  upon
    23  their  first  consideration,  and  the number of individuals granted and
    24  denied parole who did not have earned eligibility certificates.
    25    § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
    26  amending the tax law and other laws relating to taxes, surcharges,  fees
    27  and funding, as amended by section 5 of part O of chapter 55 of the laws
    28  of 2019, is amended to read as follows:
    29    (q)  the  provisions  of  section  two hundred eighty-four of this act
    30  shall remain in effect until September 1, [2020] 2022 and be  applicable
    31  to all persons entering the program on or before August 31, [2020] 2022.
    32    §  6.  Section  10  of  chapter  339 of the laws of 1972, amending the
    33  correction law and the  penal  law  relating  to  inmate  work  release,
    34  furlough  and  leave, as amended by section 6 of part O of chapter 55 of
    35  the laws of 2019, is amended to read as follows:
    36    § 10. This act shall take effect 30 days after it shall have become  a
    37  law  and  shall  remain  in  effect  until September 1, [2020] 2022, and
    38  provided further that the commissioner of  correctional  services  shall
    39  report each January first, and July first, to the chairman of the senate
    40  crime  victims, crime and correction committee, the senate codes commit-
    41  tee, the assembly correction committee, and the assembly  codes  commit-
    42  tee,  the  number of eligible inmates in each facility under the custody
    43  and control of the commissioner who have applied  for  participation  in
    44  any  program  offered under the provisions of work release, furlough, or
    45  leave, and the number of such inmates who have been approved for partic-
    46  ipation.
    47    § 7. Subdivision (c) of section 46 of chapter 60 of the laws  of  1994
    48  relating  to certain provisions which impact upon expenditure of certain
    49  appropriations made by chapter 50 of the laws of 1994 enacting the state
    50  operations budget, as amended by section 7 of part O of  chapter  55  of
    51  the laws of 2019, is amended to read as follows:
    52    (c)  sections forty-one and forty-two of this act shall expire Septem-
    53  ber 1, [2020] 2022; provided, that the provisions of  section  forty-two
    54  of  this act shall apply to inmates entering the work release program on
    55  or after such effective date; and

        S. 7505                             7                            A. 9505

     1    § 8. Subdivision h of section 74 of chapter 3 of  the  laws  of  1995,
     2  amending the correction law and other laws relating to the incarceration
     3  fee,  as  amended  by  section  8 of part O of chapter 55 of the laws of
     4  2019, is amended to read as follows:
     5    h.  Section fifty-two of this act shall be deemed to have been in full
     6  force and effect on and after April 1, 1995; provided, however, that the
     7  provisions of section 189 of the correction law, as amended  by  section
     8  fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
     9  as  amended by section fifty-six of this act, and section fifty-seven of
    10  this act shall expire September 1, [2020] 2022, when upon such date  the
    11  amendments  to  the correction law and penal law made by sections fifty-
    12  five and fifty-six of this act shall revert to and be  read  as  if  the
    13  provisions  of  this  act  had not been enacted; provided, however, that
    14  sections sixty-two, sixty-three and sixty-four  of  this  act  shall  be
    15  deemed  to have been in full force and effect on and after March 1, 1995
    16  and shall be deemed repealed April  1,  1996  and  upon  such  date  the
    17  provisions  of  subsection  (e) of section 9110 of the insurance law and
    18  subdivision 2 of section 89-d of the state finance law shall  revert  to
    19  and  be  read  as  set  out in law on the date immediately preceding the
    20  effective date of sections sixty-two and sixty-three of this act;
    21    § 9. Subdivision (c) of section 49 of subpart A of part C  of  chapter
    22  62 of the laws of 2011 amending the correction law and the executive law
    23  relating to merging the department of correctional services and division
    24  of  parole into the department of corrections and community supervision,
    25  as amended by section 9 of part O of chapter 55 of the laws of 2019,  is
    26  amended to read as follows:
    27    (c)  that  the  amendments  to  subdivision  9  of  section 201 of the
    28  correction law as added by section thirty-two of this act  shall  remain
    29  in  effect  until  September 1, [2020] 2022, when it shall expire and be
    30  deemed repealed;
    31    § 10. Subdivision (aa) of section 427 of chapter 55  of  the  laws  of
    32  1992, amending the tax law and other laws relating to taxes, surcharges,
    33  fees  and  funding,  as amended by section 10 of part O of chapter 55 of
    34  the laws of 2019, is amended to read as follows:
    35    (aa) the  provisions  of  sections  three  hundred  eighty-two,  three
    36  hundred  eighty-three  and  three  hundred eighty-four of this act shall
    37  expire on September 1, [2020] 2022;
    38    § 11. Section 12 of chapter 907 of the  laws  of  1984,  amending  the
    39  correction  law,  the New York city criminal court act and the executive
    40  law relating to prison and jail housing and  alternatives  to  detention
    41  and  incarceration programs, as amended by section 11 of part O of chap-
    42  ter 55 of the laws of 2019, is amended to read as follows:
    43    § 12.  This  act  shall  take  effect  immediately,  except  that  the
    44  provisions  of sections one through ten of this act shall remain in full
    45  force and effect until September 1, [2020]  2022  on  which  date  those
    46  provisions shall be deemed to be repealed.
    47    §  12.  Subdivision  (p)  of section 406 of chapter 166 of the laws of
    48  1991, amending the tax law and other laws relating to taxes, as  amended
    49  by section 12 of part O of chapter 55 of the laws of 2019, is amended to
    50  read as follows:
    51    (p) The amendments to section 1809 of the vehicle and traffic law made
    52  by sections three hundred thirty-seven and three hundred thirty-eight of
    53  this  act  shall not apply to any offense committed prior to such effec-
    54  tive date; provided, further, that section three  hundred  forty-one  of
    55  this act shall take effect immediately and shall expire November 1, 1993
    56  at  which  time  it  shall  be  deemed  repealed; sections three hundred

        S. 7505                             8                            A. 9505

     1  forty-five and three hundred forty-six of this  act  shall  take  effect
     2  July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
     3  six, three hundred fifty-seven and three hundred fifty-nine of this  act
     4  shall  take  effect immediately and shall expire June 30, 1995 and shall
     5  revert to and be read as if this act had not been enacted; section three
     6  hundred fifty-eight of this act shall take effect immediately and  shall
     7  expire  June 30, 1998 and shall revert to and be read as if this act had
     8  not been enacted; section three hundred sixty-four through three hundred
     9  sixty-seven of this act shall apply to claims filed  on  or  after  such
    10  effective  date; sections three hundred sixty-nine, three hundred seven-
    11  ty-two, three hundred seventy-three, three hundred  seventy-four,  three
    12  hundred  seventy-five  and  three  hundred seventy-six of this act shall
    13  remain in effect until September 1, [2020]  2022,  at  which  time  they
    14  shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
    15  surcharge provided in section three hundred  seventy-four  of  this  act
    16  shall  apply  to parking violations occurring on or after said effective
    17  date; and provided further that the amendments made to  section  235  of
    18  the vehicle and traffic law by section three hundred seventy-two of this
    19  act,  the amendments made to section 1809 of the vehicle and traffic law
    20  by sections three hundred thirty-seven and three hundred thirty-eight of
    21  this act and the amendments made to section 215-a of the  labor  law  by
    22  section three hundred seventy-five of this act shall expire on September
    23  1,  [2020]  2022  and upon such date the provisions of such subdivisions
    24  and sections shall revert to and be read as if the  provisions  of  this
    25  act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
    26  section 400.05 of the penal law made by sections three hundred  seventy-
    27  seven  and  three hundred seventy-eight of this act shall expire on July
    28  1, 1992 and upon such date the provisions  of  such  subdivisions  shall
    29  revert  and  shall be read as if the provisions of this act had not been
    30  enacted; the state board of law examiners shall take such action  as  is
    31  necessary to assure that all applicants for examination for admission to
    32  practice  as  an  attorney and counsellor at law shall pay the increased
    33  examination fee provided for by the amendment made to section 465 of the
    34  judiciary law by section three hundred eighty of this act for any  exam-
    35  ination given on or after the effective date of this act notwithstanding
    36  that an applicant for such examination may have prepaid a lesser fee for
    37  such examination as required by the provisions of such section 465 as of
    38  the  date  prior  to  the  effective date of this act; the provisions of
    39  section 306-a of the civil practice law and rules as  added  by  section
    40  three  hundred eighty-one of this act shall apply to all actions pending
    41  on or commenced on or after September 1, 1991, provided,  however,  that
    42  for  the  purposes of this section service of such summons made prior to
    43  such date shall be deemed to have been completed on September  1,  1991;
    44  the  provisions  of section three hundred eighty-three of this act shall
    45  apply to all money deposited  in  connection  with  a  cash  bail  or  a
    46  partially  secured  bail  bond  on or after such effective date; and the
    47  provisions of sections  three  hundred  eighty-four  and  three  hundred
    48  eighty-five  of  this  act  shall  apply  only to jury service commenced
    49  during a judicial term beginning on or after the effective date of  this
    50  act; provided, however, that nothing contained herein shall be deemed to
    51  affect  the  application,  qualification,  expiration  or  repeal of any
    52  provision of law amended by any section of this act and such  provisions
    53  shall  be  applied or qualified or shall expire or be deemed repealed in
    54  the same manner, to the same extent and on the same date as the case may
    55  be as otherwise provided by law;

        S. 7505                             9                            A. 9505

     1    § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
     2  amended by section 13 of part O of chapter 55 of the laws  of  2019,  is
     3  amended to read as follows:
     4    8. The provisions of this section shall only apply to offenses commit-
     5  ted on or before September first, two thousand [twenty] twenty-two.
     6    § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
     7  cle  and  traffic law relating to the ignition interlock device program,
     8  as amended by section 14 of part O of chapter 55 of the laws of 2019, is
     9  amended to read as follows:
    10    § 6. This act shall take  effect  on  the  first  day  of  April  next
    11  succeeding  the  date  on  which  it  shall have become a law; provided,
    12  however, that effective immediately, the addition, amendment  or  repeal
    13  of  any rule or regulation necessary for the implementation of the fore-
    14  going sections of this act on their effective  date  is  authorized  and
    15  directed  to  be made and completed on or before such effective date and
    16  shall remain in full force and effect until the first day of  September,
    17  [2020]  2022  when  upon  such  date the provisions of this act shall be
    18  deemed repealed.
    19    § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
    20  laws of 1997, amending the military law and other laws relating to vari-
    21  ous provisions, as amended by section 15 of part O of chapter 55 of  the
    22  laws of 2019, is amended to read as follows:
    23    a.  sections  forty-three  through forty-five of this act shall expire
    24  and be deemed repealed on September 1, [2020] 2022;
    25    § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
    26  the civil practice law and rules and the court of claims act relating to
    27  prisoner litigation reform, as amended by section 16 of part O of  chap-
    28  ter 55 of the laws of 2019, is amended to read as follows:
    29    §  4. This act shall take effect 120 days after it shall have become a
    30  law and shall remain in full force and effect until September 1,  [2020]
    31  2022, when upon such date it shall expire.
    32    §  17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
    33  constituting the family protection and  domestic  violence  intervention
    34  act  of  1994,  as  amended by section 17 of part O of chapter 55 of the
    35  laws of 2019, is amended to read as follows:
    36    2. Subdivision 4 of section 140.10 of the criminal  procedure  law  as
    37  added  by  section  thirty-two  of this act shall take effect January 1,
    38  1996 and shall expire and be deemed  repealed  on  September  1,  [2020]
    39  2022.
    40    § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
    41  inal  procedure law relating to the use of closed-circuit television and
    42  other protective measures for certain child  witnesses,  as  amended  by
    43  section  18  of  part O of chapter 55 of the laws of 2019, is amended to
    44  read as follows:
    45    § 5. This act shall take effect immediately and  shall  apply  to  all
    46  criminal  actions  and proceedings commenced prior to the effective date
    47  of this act but still pending on such  date  as  well  as  all  criminal
    48  actions  and  proceedings  commenced on or after such effective date and
    49  its provisions shall expire on  September 1, [2020] 2022, when upon such
    50  date the provisions of this act shall be deemed repealed.
    51    § 19. Subdivision d of section 74 of chapter 3 of the  laws  of  1995,
    52  enacting  the sentencing reform act of 1995, as amended by section 19 of
    53  part O of chapter 55 of the laws of 2019, is amended to read as follows:
    54    d. Sections one-a through twenty,  twenty-four  through  twenty-eight,
    55  thirty  through  thirty-nine, forty-two and forty-four of this act shall
    56  be deemed repealed on September 1, [2020] 2022;

        S. 7505                            10                            A. 9505

     1    § 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
     2  nal procedure law relating to electronic  court  appearance  in  certain
     3  counties,  as  amended by section 20 of part O of chapter 55 of the laws
     4  of 2019, is amended to read as follows:
     5    §  2.  This  act  shall  take  effect  immediately,  except  that  the
     6  provisions of this act shall be deemed to have been in  full  force  and
     7  effect  since  July  1, 1992 and the provisions of this act shall expire
     8  September 1, [2020] 2022 when upon such date the provisions of this  act
     9  shall be deemed repealed.
    10    § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
    11  utive law relating to enacting the interstate compact for adult offender
    12  supervision,  as  amended  by  section 21 of part O of chapter 55 of the
    13  laws of 2019, is amended to read as follows:
    14    § 3. This act shall take effect immediately, except that  section  one
    15  of  this  act  shall take effect on the first of January next succeeding
    16  the date on which it shall have become a law, and shall remain in effect
    17  until the first of September, [2020] 2022,  upon  which  date  this  act
    18  shall  be deemed repealed and have no further force and effect; provided
    19  that section one of this act shall only take effect with respect to  any
    20  compacting  state  which  has  enacted  an  interstate  compact entitled
    21  "Interstate compact for adult offender supervision" and having an  iden-
    22  tical  effect  to  that  added  by  section one of this act and provided
    23  further that with respect to any such compacting state, upon the  effec-
    24  tive date of section one of this act, section 259-m of the executive law
    25  is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
    26  added by section one of  this  act,  shall  take  effect;  and  provided
    27  further  that  with respect to any state which has not enacted an inter-
    28  state compact entitled "Interstate compact  for  adult  offender  super-
    29  vision"  and  having an identical effect to that added by section one of
    30  this act, section 259-m of the executive law shall take effect  and  the
    31  provisions  of  section one of this act, with respect to any such state,
    32  shall have no force or effect until such time as such state shall  adopt
    33  an  interstate  compact  entitled "Interstate compact for adult offender
    34  supervision" and having an identical effect to that added by section one
    35  of this act in which case, with respect to such state,  effective  imme-
    36  diately,  section  259-m  of  the  executive  law is deemed repealed and
    37  section 259-mm of the executive law, as added by  section  one  of  this
    38  act, shall take effect.
    39    §  22. Section 8 of part H of chapter 56 of the laws of 2009, amending
    40  the correction law relating to limiting the closing of  certain  correc-
    41  tional  facilities,  providing  for  the  custody  by  the department of
    42  correctional services of inmates serving definite  sentences,  providing
    43  for  custody  of  federal prisoners and requiring the closing of certain
    44  correctional facilities, as amended by section 22 of part O  of  chapter
    45  55 of the laws of 2019, is amended to read as follows:
    46    §  8.  This  act shall take effect immediately; provided, however that
    47  sections five and six of this act shall expire and  be  deemed  repealed
    48  September 1, [2020] 2022.
    49    §  23. Section 3 of part C of chapter 152 of the laws of 2001 amending
    50  the military law relating to military funds of the organized militia, as
    51  amended by section 23 of part O of chapter 55 of the laws  of  2019,  is
    52  amended to read as follows:
    53    § 3. This act shall take effect immediately; provided however that the
    54  amendments  made  to subdivision 1 of section 221 of the military law by
    55  section two of this act shall expire and be deemed repealed September 1,
    56  [2020] 2022.

        S. 7505                            11                            A. 9505

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

    27                                   PART B

    28    Section  1.  Subdivision 18 of section 168-a of the correction law, as
    29  added by chapter 67 of the laws of 2008, is amended to read as follows:
    30    18. "Internet identifiers" means [electronic mail addresses and desig-
    31  nations used  for  the  purposes  of  chat,  instant  messaging,  social
    32  networking  or other similar internet communication] (a) person-specific
    33  designations, including but not limited to  electronic  mail  addresses,
    34  phone  numbers, account names, user names, screen names and gaming tags,
    35  as well as aliases used for the purposes of chatting, messaging, gaming,
    36  dating, networking, social media, file sharing, information sharing,  or
    37  other  internet  communication  or  contact and (b) the name or names of
    38  internet applications, or other downloadable applications  intended  for
    39  use  on  a  mobile device, sites, platforms or other software where such
    40  person-specific designations or aliases are  used  to  engage  in  chat,
    41  messaging,  gaming,  dating,  networking,  social  media,  file sharing,
    42  information sharing, or other internet communication or contact.
    43    § 2. Subdivision 10 of section 168-b of the correction law,  as  added
    44  by chapter 67 of the laws of 2008, is amended to read as follows:
    45    10.  The  division  shall, upon the request of any authorized internet
    46  entity, release to such entity internet identifiers  that  would  enable
    47  such  entity  to prescreen or remove sex offenders from its services or,
    48  in conformity with state and federal law, advise law enforcement  and/or
    49  other  governmental  entities  of  potential  violations  of  law and/or
    50  threats to public safety. Before releasing any information the  division
    51  shall  require  an  authorized internet entity that requests information
    52  from the registry to submit to the division the name, address and  tele-
    53  phone  number of such entity and the specific legal nature and corporate
    54  status of such entity. Except for the purposes specified in this  subdi-

        S. 7505                            12                            A. 9505

     1  vision,  an  authorized  internet entity shall not publish or in any way
     2  disclose or redisclose any information provided to it  by  the  division
     3  pursuant to this subdivision.  An authorized internet entity or internet
     4  access  provider  shall  review the information provided by the division
     5  pursuant to this section. Such authorized internet  entity  or  internet
     6  access  provider shall develop policies regarding the use of such infor-
     7  mation and publicly release such policies to its  users,  in  accordance
     8  with  rules and regulations promulgated by the division pursuant to this
     9  subdivision. The division may charge an authorized internet entity a fee
    10  for access to registered internet identifiers requested by  such  entity
    11  pursuant  to  this subdivision.  The division shall promulgate rules and
    12  regulations relating to procedures for the release of information in the
    13  registry, including but not limited to, the disclosure and  redisclosure
    14  of such information, and the imposition of any fees, and rules and regu-
    15  lations  relating  to criteria required for the policies to be developed
    16  by authorized internet entities and internet access providers.
    17    § 3. Section 168-w of the correction law, as relettered by chapter 604
    18  of the laws of 2005, is relettered section 168-x and a new section 168-w
    19  is added to read as follows:
    20    § 168-w. Criminal personation by a sex offender. 1. A person is guilty
    21  of criminal personation by a sex offender when, being required to regis-
    22  ter or verify under the provisions of this article, he or she,  for  the
    23  purpose  of  engaging  in  chat,  messaging, gaming, dating, networking,
    24  social media, file  sharing,  information  sharing,  or  other  internet
    25  communication  or  contact,  knowingly  misrepresents  his or her actual
    26  name, gender, date of birth, address, or status as  a  sex  offender  to
    27  another  person,  with  the  intent  to  defraud, deceive or injure such
    28  person or another person.
    29    2. Any sex offender required to register or to verify pursuant to  the
    30  provisions of this article who commits the crime of criminal personation
    31  by a sex offender as defined in subdivision one of this section shall be
    32  guilty  of  a  class E felony upon conviction for the first offense, and
    33  upon conviction for a second or subsequent offense shall be guilty of  a
    34  class  D  felony. The commission of such offense shall also be the basis
    35  for revocation of parole pursuant to section two hundred fifty-nine-i of
    36  the executive law or the basis for revocation of probation  pursuant  to
    37  article four hundred ten of the criminal procedure law.
    38    § 4. This act shall take effect immediately.

    39                                   PART C

    40    Section 1. Subdivision 6 of section 130.00 of the penal law is amended
    41  to read as follows:
    42    6.  "Mentally incapacitated" means that a person is rendered temporar-
    43  ily incapable of appraising or controlling his or her conduct  owing  to
    44  the  influence  of  a narcotic or intoxicating substance administered to
    45  him or her without his or her consent, or to  any  other  act  committed
    46  upon him or her without his or her consent.
    47    §  2.  Paragraph  (d)  of subdivision 2 of section 130.05 of the penal
    48  law, as amended by chapter 40 of the laws of 2004, is amended and a  new
    49  paragraph (e) is added to read as follows:
    50    (d)  Where  the  offense  charged  is  sexual misconduct as defined in
    51  subdivisions one and two of section 130.20, rape in the third degree  as
    52  defined  in  subdivision three of section 130.25, or criminal sexual act
    53  in the third degree as defined in subdivision three of  section  130.40,
    54  in  addition  to  forcible compulsion, circumstances under which, at the

        S. 7505                            13                            A. 9505

     1  time of the act of intercourse,  oral  sexual  conduct  or  anal  sexual
     2  conduct,  the victim clearly expressed that he or she did not consent to
     3  engage in such act, and a reasonable person  in  the  actor's  situation
     4  would  have  understood such person's words and acts as an expression of
     5  lack of consent to such act under all the circumstances[.]; or
     6    (e) Where the offense charged  is  sexual  misconduct  as  defined  in
     7  subdivisions  one and two of section 130.20, rape in the third degree as
     8  defined in subdivision three of section 130.25, or criminal  sexual  act
     9  in  the  third degree as defined in subdivision three of section 130.40,
    10  in addition to forcible compulsion, circumstances under  which,  at  the
    11  time  of  the  act  of  intercourse,  oral sexual conduct or anal sexual
    12  conduct, the victim is under the influence of any drug,  intoxicant,  or
    13  other  substance  to  a  degree which renders that person unable to give
    14  knowing and voluntary consent and that condition is known or  reasonably
    15  should be known to a person in the actor's situation.
    16    §  3.  Subdivision  4  of section 130.35 of the penal law, as added by
    17  chapter 1 of the laws of 2000, is amended and a  new  subdivision  5  is
    18  added to read as follows:
    19    4. Who is less than thirteen years old and the actor is eighteen years
    20  old or more[.]; or
    21    5.  Who  is incapable of consent by reason of being mentally incapaci-
    22  tated as defined in subdivision six of section 130.00  of  this  article
    23  and  such incapacitation is due in part to the conduct of the actor, and
    24  the actor intended to cause such incapacitation.
    25    § 4. Subdivision 4 of section 130.50 of the penal law, as  amended  by
    26  chapter  264  of the laws of 2003, is amended and a new subdivision 5 is
    27  added to read as follows:
    28    4. Who is less than thirteen years old and the actor is eighteen years
    29  old or more[.]; or
    30    5. Who is incapable of consent by reason of being  mentally  incapaci-
    31  tated  as  defined  in subdivision six of section 130.00 of this article
    32  and such incapacitation is due in part to the conduct of the actor,  and
    33  the actor intended to cause such incapacitation.
    34    § 5. This act shall take effect on the one hundred eightieth day after
    35  it shall have become a law.

    36                                   PART D

    37    Section  1.  Section  7  of  part Y of chapter 57 of the laws of 2018,
    38  amending the education law relating to  persons  practicing  in  certain
    39  licensed  programs or services who are exempt from practice requirements
    40  of professionals licensed by the department of education, is amended  to
    41  read as follows:
    42    § 7. Programs and services operated, regulated, funded, or approved by
    43  the  department  of  mental  hygiene,  the office of children and family
    44  services, the department of corrections and community  supervision,  the
    45  office  of temporary and disability assistance, the state office for the
    46  aging [and], the department of health,  and  the  division  of  criminal
    47  justice  services or a local governmental unit as the term is defined in
    48  section 41.03 of the mental hygiene law or a social services district as
    49  defined in section 61 of the social services law shall not  be  required
    50  to receive a waiver pursuant to section 6503-a of the education law and,
    51  further,  such  programs  and  services  shall  also be considered to be
    52  approved settings for the  receipt  of  supervised  experience  for  the
    53  professions governed by articles 153, 154 and 163 of the education law.
    54    § 2. This act shall take effect immediately.

        S. 7505                            14                            A. 9505

     1                                   PART E

     2    Section  1.  The  state finance law is amended by adding a new section
     3  99-hh to read as follows:
     4    § 99-hh. District attorney discovery compensation fund.   1. There  is
     5  hereby established in the joint custody of the state comptroller and the
     6  commissioner  of taxation and finance a fund to be known as the district
     7  attorney discovery compensation fund.
     8    2. (a) Such fund shall consist of two million dollars  upon  immediate
     9  transfer from funds secured by payments associated with state sanctioned
    10  deferred  prosecution  agreements  currently  held  on  deposit with the
    11  office of the Manhattan district attorney.
    12    (b) The office of the Manhattan district attorney shall annually remit
    13  two million dollars of  future  state  sanctioned  deferred  prosecution
    14  agreement  funds  which have been secured by January first of the subse-
    15  quent year. If two million  dollars  in  future  funding  has  not  been
    16  secured,  the  office  of the Manhattan district attorney shall transfer
    17  two million dollars from funds secured by payments associated with state
    18  sanctioned deferred prosecution agreements  currently  held  on  deposit
    19  with the office of the Manhattan district attorney by January first.
    20    3.  Monies  of  the  district  attorney  discovery  compensation fund,
    21  following appropriation by the legislature and allocation by the  direc-
    22  tor of the budget, shall be made available for local assistance services
    23  and expenses related to digital evidence transmission technology.
    24    §  2. Section 95.00 of the criminal procedure law, as added by section
    25  1 of part F of chapter 55 of the laws of 2018, is  amended  to  read  as
    26  follows:
    27  § 95.00 Pre-criminal proceeding settlement.
    28    When  a  county district attorney of a county located in a city of one
    29  million or more recovers monies  before  the  filing  of  an  accusatory
    30  instrument  as  defined in subdivision one of section 1.20 of this chap-
    31  ter, after injured parties  have  been  appropriately  compensated,  the
    32  district  attorney's  office  shall retain a percentage of the remaining
    33  such monies in recognition that such monies were recovered as  a  result
    34  of investigations undertaken by such office. For each recovery the total
    35  amount  of  such monies to be retained by the county district attorney's
    36  office shall equal ten percent of the first twenty-five million  dollars
    37  received  by such office, plus seven and one-half percent of such monies
    38  received by such office in excess of  twenty-five  million  dollars  but
    39  less  than  fifty  million dollars, plus five percent of any such monies
    40  received by such office in excess of fifty million dollars but less than
    41  one hundred million dollars, plus one percent of such monies received by
    42  such office in excess of one hundred million dollars. The  remainder  of
    43  such monies shall be paid by the district attorney's office to the state
    44  and  to the county in equal amounts within thirty days of receipt, where
    45  disposition of such monies is not otherwise prescribed  by  law.  Monies
    46  distributed  to  a  county  district  attorney's office pursuant to this
    47  section shall be used to enhance  law  enforcement  efforts  within  the
    48  state of New York. On December first of each year, every district attor-
    49  ney  shall  provide  the governor, temporary president of the senate and
    50  speaker of the assembly with an annual report detailing the total amount
    51  of monies received as described herein by his or  her  office  [and],  a
    52  description  of  how  and  where such funds, and an itemization of funds
    53  received in the previous ten years,  were  distributed  by  his  or  her
    54  office but shall not include a description of the distribution of monies
    55  where  the  disclosure  of  such  information would interfere with a law

        S. 7505                            15                            A. 9505

     1  enforcement investigation or a  judicial  proceeding,  and  the  current
     2  total  balance  of  monies held on deposit for state sanctioned deferred
     3  prosecution agreements. The report shall include a detailed  description
     4  of  any entity to which funds are distributed, including but not limited
     5  to, whether it is  a  profit  or  not-for-profit  entity,  where  it  is
     6  located, and the intended use of the monies distributed, and shall state
     7  the law enforcement purpose.
     8    §  3.  This act shall take effect immediately; provided, however, that
     9  the amendments to section 95.00 of the criminal procedure  law  made  by
    10  section  two of this act shall not affect the repeal of such section and
    11  shall be deemed repealed therewith.

    12                                   PART F

    13    Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
    14  the correction law, the governor is  authorized  to  close  correctional
    15  facilities  of  the department of corrections and community supervision,
    16  in the state fiscal year 2020-2021, as he determines to be necessary for
    17  the cost-effective and efficient operation of the  correctional  system,
    18  provided that the governor provides at least 90 days notice prior to any
    19  such  closures  to the temporary president of the senate and the speaker
    20  of the assembly.
    21    § 2. This act shall take effect immediately and  shall  be  deemed  to
    22  have  been in full force and effect on and after April 1, 2020 and shall
    23  expire and be deemed repealed March 31, 2021.

    24                                   PART G

    25    Section 1. Paragraph (a-1) of subdivision 4 of section  70.20  of  the
    26  penal law is REPEALED.
    27    § 2. Section 77 of the correction law is REPEALED.
    28    §  3. The correction law is amended by adding a new section 80 to read
    29  as follows:
    30    § 80. Transfer of adolescents from the department. The department  and
    31  the  office  of  children  and family services shall jointly establish a
    32  transition plan and protocol to be used in transferring custody  of  all
    33  adolescent  offenders and individuals under the age of eighteen from the
    34  custody of the department to the custody of the office of  children  and
    35  family  services  on  or  before October first, two thousand twenty. The
    36  plan and protocol shall be completed on or before July first, two  thou-
    37  sand twenty.
    38    § 4. The section heading and subdivisions 1, 2, 7 and 8 of section 508
    39  of the executive law, the section heading as added by chapter 481 of the
    40  laws  of  1978,  subdivision  1 as amended by chapter 738 of the laws of
    41  2004, subdivisions 2, 7 and 8 as amended by section 82 of  part  WWW  of
    42  chapter 59 of the laws of 2017 and such section as renumbered by chapter
    43  465 of the laws of 1992, are amended to read as follows:
    44    Juvenile offender and adolescent offender facilities. 1. The office of
    45  children  and  family  services shall maintain secure facilities for the
    46  care and confinement of  juvenile  offenders  and  adolescent  offenders
    47  committed  for  [an  indeterminate,  determinate or definite] a sentence
    48  pursuant to the sentencing provisions of the penal law. Such  facilities
    49  shall  provide appropriate services to juvenile offenders and adolescent
    50  offenders including but not limited to residential care, educational and
    51  vocational training, physical and mental health services, and employment
    52  counseling.

        S. 7505                            16                            A. 9505

     1    2. Juvenile offenders and adolescent offenders shall  be  confined  in
     2  such  facilities  until  the  age of twenty-one in accordance with their
     3  sentences, and shall not  be  released,  discharged  or  permitted  home
     4  visits except pursuant to the provisions of this section.
     5    7. While in the custody of the office of children and family services,
     6  an offender shall be subject to the rules and regulations of the office,
     7  except  that his or her parole, temporary release and discharge shall be
     8  governed by the laws applicable to inmates of state correctional facili-
     9  ties and his or her transfer to state hospitals in the office of  mental
    10  health  shall be governed by section five hundred nine of this [chapter]
    11  article; provided, however, that  an  otherwise  eligible  offender  may
    12  receive  the  six-month  limited  credit  time  allowance for successful
    13  participation in one or more programs developed by the office  of  chil-
    14  dren  and  family services that are comparable to the programs set forth
    15  in section eight hundred three-b of  the  correction  law,  taking  into
    16  consideration  the  age  of offenders. The commissioner of the office of
    17  children and family  services  shall,  however,  establish  and  operate
    18  temporary  release  programs  at  office of children and family services
    19  facilities for eligible juvenile offenders and adolescent offenders  and
    20  contract  with  the  department of corrections and community supervision
    21  for the provision of parole supervision services for  temporary  releas-
    22  ees.  The  rules  and regulations for these programs shall not be incon-
    23  sistent with the laws for temporary release  applicable  to  inmates  of
    24  state  correctional  facilities.  For  the purposes of temporary release
    25  programs for juvenile offenders  and  adolescent  offenders  only,  when
    26  referred  to  or  defined  in  article twenty-six of the correction law,
    27  "institution" shall mean any facility designated by the commissioner  of
    28  the  office of children and family services, "department" shall mean the
    29  office of children and family services, "inmate" shall mean  a  juvenile
    30  offender  or  adolescent  offender residing in an office of children and
    31  family services facility, and "commissioner" shall mean the commissioner
    32  of the office of children and family services. Time spent in  office  of
    33  children and family services facilities and in juvenile detention facil-
    34  ities  shall be credited towards the sentence imposed in the same manner
    35  and to the same extent  applicable  to  inmates  of  state  correctional
    36  facilities.
    37    8.  Whenever  a  juvenile  offender, adolescent offender or a juvenile
    38  offender or adolescent offender adjudicated a youthful offender shall be
    39  delivered to the director of an office of children and  family  services
    40  facility  pursuant  to a commitment to the office of children and family
    41  services, the officer so delivering such person shall  deliver  to  such
    42  facility  director  a  certified  copy  of the sentence received by such
    43  officer from the clerk of the court by which such person shall have been
    44  sentenced, a copy of the report of the probation officer's investigation
    45  and report, any other pre-sentence memoranda filed  with  the  court,  a
    46  copy  of  the person's fingerprint records, a detailed summary of avail-
    47  able medical  records,  psychiatric  records  and  reports  relating  to
    48  assaults,  or  other  violent acts, attempts at suicide or escape by the
    49  person while in the custody of a local detention facility.
    50    § 5. Paragraphs (a), (b), (c), (d) and (e) of subdivision 2 of section
    51  508 of the executive law are REPEALED.
    52    § 6. This act shall take effect immediately; provided that:
    53    a. sections one and four of this act shall take effect on the sixtieth
    54  day after this act shall have become a  law  and  the  changes  made  by
    55  section  one  shall apply to sentences ordered pursuant to section 70.20
    56  of the penal law on or after the effective date;

        S. 7505                            17                            A. 9505

     1    b. section two of this act shall take effect October 1, 2020; and
     2    c.  section  three  of this act shall expire October 1, 2021 when upon
     3  such date the provisions of  such  section  shall  be  deemed  repealed.
     4  Effective immediately, the addition, amendment and/or repeal of any rule
     5  or regulation necessary for the implementation of this act on its effec-
     6  tive  date  are  authorized  to  be made and completed on or before such
     7  effective date.

     8                                   PART H

     9    Section 1. Paragraph a of subdivision 2 of section 162  of  the  state
    10  finance law, as amended by section 164 of subpart B of part C of chapter
    11  62 of the laws of 2011, is amended to read as follows:
    12    a.  Commodities  and  services produced by the correctional industries
    13  program of the department of corrections and community  supervision  and
    14  provided to the state pursuant to subdivision two of section one hundred
    15  eighty-four of the correction law;
    16    § 2. Subparagraph (iii) of paragraph b of subdivision 4 of section 162
    17  of the state finance law, as amended by chapter 430 of the laws of 1997,
    18  is amended and a new subparagraph (iv) is added to read as follows:
    19    (iii) if, within ten days of the notification required by subparagraph
    20  (i)  of this paragraph, no preferred source or facilitating entity iden-
    21  tified in paragraph e of  subdivision  six  of  this  section  indicates
    22  intent  to  provide  the service, [then the service shall be procured in
    23  accordance with section one hundred sixty-three  of  this  article.  If,
    24  after  such  period,  a  preferred  source elects to bid on the service,
    25  award shall be made in accordance with section one  hundred  sixty-three
    26  of this article or as otherwise provided by law] state agencies or poli-
    27  tical  subdivisions  or  public  benefit  corporations  having their own
    28  purchasing agency shall make reasonable efforts to provide  a  notifica-
    29  tion  describing  their  requirements  to  the  correctional  industries
    30  program of the department of corrections and community supervision,  and
    31  if  the correctional industries program of the department of corrections
    32  and community supervision provides a notice of  intent  to  provide  the
    33  service  in  the  form,  function  and  utility  required, at a price in
    34  accordance with the price provisions set forth herein, then the  service
    35  shall  be  purchased  from  the  correctional  industries program of the
    36  department of corrections and community supervision.
    37    (iv) if, within ten days of the notification required by  subparagraph
    38  (iii)  of  this  paragraph,  the  correctional industries program of the
    39  department of corrections and community supervision  does  not  indicate
    40  intent  to  provide  the  service, then the service shall be procured in
    41  accordance with section one hundred sixty-three  of  this  article.  If,
    42  after  such  period,  a  preferred  source elects to bid on the service,
    43  award shall be made in accordance with section one  hundred  sixty-three
    44  of this article or as otherwise provided by law.
    45    §  3.  The  opening  paragraph  of subdivision 5 of section 162 of the
    46  state finance law, as amended by section 164 of subpart B of part  C  of
    47  chapter 62 of the laws of 2011, is amended to read as follows:
    48    The  prices to be charged for commodities and services produced by the
    49  correctional industries program of the  department  of  corrections  and
    50  community  supervision  shall  be  established  by  the  commissioner of
    51  corrections and community supervision in  accordance  with  section  one
    52  hundred eighty-six of the correction law.
    53    § 4. This act shall take effect immediately.

        S. 7505                            18                            A. 9505

     1                                   PART I

     2    Section  1. Paragraph (b) of subdivision 6 of section 186-f of the tax
     3  law, as amended by section 1 of part M of chapter  55  of  the  laws  of
     4  2018, is amended to read as follows:
     5    (b)  The  sum  of  one  million  five hundred thousand dollars must be
     6  deposited into the New York state emergency services revolving loan fund
     7  annually; provided, however, that such sums shall not be  deposited  for
     8  state  fiscal  years two thousand eleven--two thousand twelve, two thou-
     9  sand twelve--two thousand thirteen, two thousand fourteen--two  thousand
    10  fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
    11  sixteen--two thousand seventeen, two  thousand  seventeen--two  thousand
    12  eighteen,  two thousand eighteen--two thousand nineteen [and], two thou-
    13  sand nineteen--two thousand twenty, two  thousand  twenty--two  thousand
    14  twenty-one and two thousand twenty-one--two thousand twenty-two;
    15    § 2. This act shall take effect April 1, 2020.

    16                                   PART J

    17    Section  1.  Subdivision  3  of  section  215 of the executive law, as
    18  amended by chapter 478 of the laws  of  2004,  is  amended  to  read  as
    19  follows:
    20    3.  The  sworn members of the New York state police shall be appointed
    21  by the superintendent and permanent appointees may  be  removed  by  the
    22  superintendent only after a hearing. No person shall be appointed to the
    23  New  York state police force as a sworn member unless he or she shall be
    24  a citizen of the United States, between the ages of twenty-one and twen-
    25  ty-nine years except that in the superintendent's discretion, the  maxi-
    26  mum  age  may  be extended to thirty-five years.  The superintendent may
    27  waive the maximum age for appointment in  the  case  of  any  individual
    28  employed by the office of parks, recreation and historic preservation as
    29  a  police  officer, as defined in section 1.20 of the criminal procedure
    30  law, who is appointed to the New York state police as a  result  of  the
    31  New  York  state police assuming the law enforcement responsibilities of
    32  that state agency. Notwithstanding any other provision  of  law  or  any
    33  general  or special law to the contrary the time spent on military duty,
    34  not exceeding a total of [six] seven years, shall be subtracted from the
    35  age of any applicant who has passed his or  her  twenty-ninth  birthday,
    36  solely  for the purpose of permitting qualification as to age and for no
    37  other purpose. Such limitations as to age however  shall  not  apply  to
    38  persons  appointed to the positions of counsel, first assistant counsel,
    39  assistant counsel, and  assistant  deputy  superintendent  for  employee
    40  relations nor to any person appointed to the bureau of criminal investi-
    41  gation pursuant to section two hundred sixteen of this article nor shall
    42  any  person  be  appointed  unless  he or she has fitness and good moral
    43  character and shall have passed a physical and mental examination  based
    44  upon  standards provided by the rules and regulations of the superinten-
    45  dent. Appointments shall be made for a probationary period which, in the
    46  case of appointees required to attend  and  complete  a  basic  training
    47  program  at  the  state  police  academy,  shall include such time spent
    48  attending the basic school  and  terminate  one  year  after  successful
    49  completion thereof. All other sworn members shall be subject to a proba-
    50  tionary  period  of  one  year  from  the date of appointment. Following
    51  satisfactory completion of the probationary period the member shall be a
    52  permanent appointee. Voluntary resignation or withdrawal  from  the  New
    53  York  state  police  during  such  appointment shall be submitted to the

        S. 7505                            19                            A. 9505

     1  superintendent for approval.   Reasonable  time  shall  be  required  to
     2  account  for  all  equipment  issued  or for debts or obligations to the
     3  state to be satisfied.  Resignation  or  withdrawal  from  the  division
     4  during  a  time  of emergency, so declared by the governor, shall not be
     5  approved if contrary to the best interest of the state and  shall  be  a
     6  misdemeanor.  No  sworn  member  removed  from the New York state police
     7  shall be eligible for reappointment. The superintendent shall make rules
     8  and regulations subject to approval by the governor for  the  discipline
     9  and  control  of  the  New York state police and for the examination and
    10  qualifications of applicants for appointment as members thereto and such
    11  examinations shall be held and conducted by the  superintendent  subject
    12  to  such  rules  and  regulations.  The  superintendent is authorized to
    13  charge a fee of twenty dollars as an  application  fee  for  any  person
    14  applying  to take a competitive examination for the position of trooper,
    15  and a fee of five dollars for any competitive examination for a civilian
    16  position. The superintendent shall promulgate regulations subject to the
    17  approval of the director of the budget, to provide for a waiver  of  the
    18  application fee when the fee would cause an unreasonable hardship on the
    19  applicant and to establish a fee schedule and charge fees for the use of
    20  state police facilities.
    21    §  2.  This act shall take effect immediately; provided, however, that
    22  the amendments to subdivision 3 of section 215 of the executive law made
    23  by section one of this act shall expire and be deemed repealed April  1,
    24  2023.

    25                                   PART K

    26    Section  1. Section 265.00 of the penal law is amended by adding a new
    27  subdivision 31 to read as follows:
    28    31. "Unfinished frame or receiver" means a piece of any material  that
    29  does  not constitute the frame or receiver of a firearm, rifle, or shot-
    30  gun, but that has been shaped or formed in any way for  the  purpose  of
    31  becoming  the  frame  or  receiver of a firearm, rifle, or shotgun. Such
    32  term shall not include a piece of material that  has  had  its  size  or
    33  external  shape  altered  to facilitate transportation or storage or has
    34  had its chemical composition altered.
    35    § 2. Subdivision 10 of section 265.02 of the penal law,  as  added  by
    36  chapter  1  of  the laws of 2013, is amended and a new subdivision 11 is
    37  added to read as follows:
    38    (10) Such person possesses an unloaded firearm and  also  commits  any
    39  violent felony offense as defined in subdivision one of section 70.02 of
    40  this chapter as part of the same criminal transaction[.]; or
    41    (11)  Such  person possesses a major component of a firearm, rifle, or
    42  shotgun, or an unfinished frame or receiver, and such person is  prohib-
    43  ited  from  possessing a shotgun or rifle pursuant to: (i) this article;
    44  (ii) subsection (g) of section 922 of title  18  of  the  United  States
    45  Code; or (iii) a temporary or final extreme risk protection order issued
    46  under article sixty-three-A of the civil practice law and rules.
    47    §  3.  The penal law is amended by adding a new section 400.04 to read
    48  as follows:
    49  § 400.04 Sale or transfer of firearm, rifle, or shotgun components.
    50    1. No commercial transfer of a major component of a firearm, rifle, or
    51  shotgun, or an unfinished frame or receiver, shall take place  unless  a
    52  dealer  in  firearms that is validly licensed pursuant to section 400.00
    53  of this article or section 923 of title 18 of the  United  States  Code,
    54  acts  as  an intermediary between the transferor and the ultimate trans-

        S. 7505                            20                            A. 9505

     1  feree of such major component or  unfinished  frame  or  receiver.  Such
     2  transfer  between  the dealer and transferee must occur in person. Prior
     3  to completing a transfer pursuant to this section the dealer in firearms
     4  must  verify  the  identity of the transferee by examining a valid state
     5  identification document of the transferee issued by  the  department  of
     6  motor  vehicles or, if such transferee is not a resident of the state of
     7  New York, a valid identification document issued  by  such  transferee's
     8  state  or country of residence containing a photograph of such transfer-
     9  ee.
    10    2. Every dealer in firearms shall keep a record book and enter at  the
    11  time of every transaction involving the transfer of a major component of
    12  a  firearm,  rifle,  or shotgun, or an unfinished frame or receiver, the
    13  date, name, age, and residence of any person to whom such  major  compo-
    14  nent or unfinished frame or receiver is delivered, and, in the case of a
    15  receiver  or  a  frame of a firearm, rifle, or shotgun, or an unfinished
    16  frame or receiver, the serial number engraved, cast or  stamped  thereon
    17  or,  if  none,  the  serial  number  assigned to the unfinished frame or
    18  receiver pursuant to this section.
    19    3. No dealer in firearms may complete  a  transfer  pursuant  to  this
    20  section  unless  (i) the frame or receiver of a firearm, rifle, or shot-
    21  gun, or unfinished frame or receiver, is conspicuously  engraved,  cast,
    22  or stamped with a unique serial number, or (ii) in the case of an unfin-
    23  ished  frame  or  receiver  that  lacks such a unique serial number, the
    24  dealer in firearms first requests and obtains a unique serial number for
    25  each unfinished frame or receiver pursuant to subdivision four  of  this
    26  section and provides the unique serial number assigned to the unfinished
    27  frame or receiver to the transferee.
    28    4.  Upon the request of a dealer in firearms made pursuant to subdivi-
    29  sion three of this section, the division of  criminal  justice  services
    30  shall  issue a unique serial number for each unfinished frame or receiv-
    31  er, transmit the serial number to the requesting dealer, and maintain  a
    32  record of each serial number issued, the date of issuance, and the iden-
    33  tity of the requesting dealer.
    34    5.  Every  transferee  taking  possession  of  an  unfinished frame or
    35  receiver shall ensure that the unique serial  number  assigned  to  such
    36  unfinished frame or receiver pursuant to this section is permanently and
    37  conspicuously  engraved,  cast,  or stamped upon the unfinished frame or
    38  receiver in a manner that meets or exceeds the requirements  imposed  on
    39  licensed  importers  and  licensed manufacturers of firearms pursuant to
    40  subsection (i) of section 923 of title 18 of the United States Code  and
    41  regulations  issued  pursuant  thereto,  within  thirty  days  of taking
    42  possession of such unfinished frame or receiver.
    43    6. Any person not a validly licensed dealer in  firearms  pursuant  to
    44  section  400.00 of this article or section 923 of title 18 of the United
    45  States Code who violates subdivision one or five of this  section  shall
    46  be  guilty  of  a  class  D  felony. Any dealer in firearms who violates
    47  subdivision three of this section shall be guilty of a class B misdemea-
    48  nor and any license of such dealer issued pursuant to section 400.00  of
    49  this  article  shall  be  revoked.  Any  dealer in firearms who violates
    50  subdivision one or two of this section, for a first  offense,  shall  be
    51  guilty  of  a  violation and subject to the fine of one thousand dollars
    52  and for a second offense, shall be guilty of a class B  misdemeanor  and
    53  any  license  of  such  dealer issued pursuant to section 400.00 of this
    54  article shall be revoked.
    55    § 4. This act shall take effect on the first of November next succeed-
    56  ing the date upon which it shall have become a law.

        S. 7505                            21                            A. 9505

     1                                   PART L

     2    Section  1. The executive law is amended by adding a new section 216-e
     3  to read as follows:
     4    § 216-e.  Subpoena  authority  for  investigations  of  online  sexual
     5  offenses  against  minors.  1.  Except as provided in subdivision two of
     6  this section, in any investigation where a minor is a  potential  victim
     7  of  any  offense  specified  in articles two hundred thirty, two hundred
     8  thirty-five, or two hundred sixty-three  of  the  penal  law,  and  upon
     9  reasonable  cause  to believe that an internet service account or online
    10  identifier has been used in the commission of such offense,  the  super-
    11  intendent  of  the  state  police and/or the superintendent's authorized
    12  designee shall have the authority to issue in writing and  cause  to  be
    13  served  an  administrative  subpoena requiring the production of records
    14  and testimony relevant to the investigation of such  offense,  including
    15  the  following  information  related to the subscriber or customer of an
    16  internet service account or online identifier:
    17    (a) Name;
    18    (b) Internet username;
    19    (c) Billing and service address;
    20    (d) Electronic mail address;
    21    (e) Internet protocol address;
    22    (f) Telephone number of account holder;
    23    (g) Method of access to the internet;
    24    (h) Local and long distance telephone connection records,  or  records
    25  of session times and durations;
    26    (i) Telephone or instrument number or other subscriber number or iden-
    27  tity, including any temporarily assigned network address;
    28    (j) Account status;
    29    (k)  Length  of  service,  including  start date, and types of service
    30  utilized;
    31    (l) Means and source of payment for such service, including any credit
    32  card or bank account number.
    33    2. The following information shall not be subject to disclosure pursu-
    34  ant to an administrative subpoena issued under this section:
    35    (a) The contents of stored or in-transit electronic communications;
    36    (b) Account memberships related to internet groups, newsgroups,  mail-
    37  ing lists, or specific areas of interest;
    38    (c) Account passwords; and
    39    (d)  Account  content,  including electronic mail in any form, address
    40  books, contacts, financial records, web surfing history, internet  proxy
    41  content, and files or other digital documents stored with the account or
    42  pursuant to use of the account.
    43    §  2.  This  act shall take effect on the thirtieth day after it shall
    44  have become a law.

    45                                   PART M

    46    Section 1. This act shall be known and may be cited as the "safe homes
    47  and families act".
    48    § 2. Section 140.10 of the criminal procedure law is amended by adding
    49  a new subdivision 6 to read as follows:
    50    6. (a) A police officer who responds to a report of a  family  offense
    51  as  defined  in section 530.11 of this chapter and section eight hundred
    52  twelve of the family court act may, in the interest  of  public  safety,
    53  take temporary custody of any firearm, rifle, electronic dart gun, elec-

        S. 7505                            22                            A. 9505

     1  tronic  stun  gun,  disguised  gun,  imitation  weapon, shotgun, antique
     2  firearm, black powder rifle, black  powder  shotgun,  or  muzzle-loading
     3  firearm  that  is  in  plain sight or is discovered pursuant to a lawful
     4  search,  and  shall take temporary custody of any such weapon that is in
     5  the possession of any person arrested for the commission of such  family
     6  offense  or suspected of its commission. An officer who takes custody of
     7  any weapon pursuant to this paragraph shall also  take  custody  of  any
     8  license  to carry, possess, repair, and dispose of such weapon issued to
     9  the person arrested or suspected of such  family  offense.  The  officer
    10  shall deliver such weapon and/or license to the appropriate law enforce-
    11  ment  officer as provided in subparagraph (f) of paragraph one of subdi-
    12  vision a of section 265.20 of the penal law.
    13    (b) Upon taking custody of weapons or a license described in paragraph
    14  (a) of this subdivision, the responding officer shall give the owner  or
    15  person  in  possession  of  such weapons or license a receipt describing
    16  such weapons and/or license and indicating any identification or  serial
    17  number  on  such  weapons. Such receipt shall indicate where the weapons
    18  and/or license can be recovered and describe the  process  for  recovery
    19  provided in paragraph (d) of this subdivision.
    20    (c)  A  weapon  described in paragraph (a) of this subdivision that is
    21  utilized in the commission of an offense, that is unlawfully  possessed,
    22  or  that a court orders to be surrendered pursuant to subdivision two or
    23  subdivision three of section eight hundred  forty-two-a  of  the  family
    24  court act shall be declared a nuisance as provided in subdivision one of
    25  section  400.05  of  the  penal law and either disposed of in the manner
    26  described in subdivision two or  retained  as  provided  in  subdivision
    27  three of section 400.05 of the penal law.
    28    (d)  Not  less  than  forty-eight  hours and not more than one hundred
    29  twenty hours or, in the event that  a Saturday, Sunday or legal  holiday
    30  occurs during such period, one hundred forty-four hours after a  weapon,
    31  other  than  a weapon described in paragraph (c) of this subdivision, is
    32  taken into temporary custody as provided in paragraph (a) of this subdi-
    33  vision, the owner or person who was in lawful  possession of such weapon
    34  shall have the right to arrange for the sale or transfer of such  weapon
    35  to  a dealer, or to himself or herself, in the manner provided in subdi-
    36  vision six of section 400.05 of the penal law.
    37    § 3. Section 140.10 of the criminal procedure law is amended by adding
    38  a new subdivision 7 to read as follows:
    39    7. (a) Upon investigating a report  of  a  crime  or  offense  between
    40  members  of  the  same  family or household as such terms are defined in
    41  section 530.11 of this chapter and section eight hundred twelve  of  the
    42  family  court act, a law enforcement officer may, in the interest of the
    43  safety of members of the same family or household  or  other  person  or
    44  persons,  take temporary custody of any firearm, rifle or shotgun or any
    45  other weapon that is in plain sight  or  is  discovered  pursuant  to  a
    46  lawful search.
    47    (b)  Upon taking custody of any firearm, rifle or shotgun or any other
    48  weapon described in paragraph (a) of this subdivision, the law  enforce-
    49  ment  officer shall provide the owner or any other adult residing on the
    50  premises with a receipt describing the items taken into temporary custo-
    51  dy and shall provide instructions for claiming the items.
    52    (c) A weapon described in paragraph (a) of this  subdivision  that  is
    53  used in the commission of an offense or is unlawfully possessed shall be
    54  declared  a nuisance as provided in subdivision one of section 400.05 of
    55  the penal law and either disposed of in the manner described in subdivi-

        S. 7505                            23                            A. 9505

     1  sion two or retained as provided in subdivision three of section  400.05
     2  of the penal law.
     3    (d)  A  firearm  or other weapon which is taken into temporary custody
     4  and which has not been declared a nuisance pursuant to paragraph (c)  of
     5  this subdivision, shall be retained for a period not to exceed one year.
     6  Prior to the expiration of such time period, the owner of the item shall
     7  have  the  right to reclaim the item or arrange for the sale or transfer
     8  of the item.  Nothing in this subdivision authorizes  the  return  of  a
     9  firearm, rifle or shotgun to a person who is not authorized to possess a
    10  firearm, rifle or shotgun.
    11    §  4.  The section heading and paragraphs (a) and (b) of subdivision 1
    12  of section 530.14 of the criminal procedure law, as amended  by  chapter
    13  60  of the laws of 2018, are amended and a new paragraph (c) is added to
    14  read as follows:
    15    Suspension and revocation of a license to carry,  possess,  repair  or
    16  dispose of a firearm or firearms pursuant to section 400.00 of the penal
    17  law  and  ineligibility for such a license; order to surrender firearms;
    18  order to seize firearms.
    19    (a) the court shall suspend any such existing license possessed by the
    20  defendant, order the defendant ineligible for such a license  and  order
    21  the  immediate  surrender  of  any  or all firearms, rifles and shotguns
    22  owned or possessed where the court receives information that  gives  the
    23  court  good  cause  to  believe  that  (i)  the  defendant  has  a prior
    24  conviction of any violent felony offense as defined in section 70.02  of
    25  the  penal  law;  (ii)  the  defendant has previously been found to have
    26  willfully failed to obey a prior order of protection  and  such  willful
    27  failure  involved  (A)  the infliction of physical injury, as defined in
    28  subdivision nine of section 10.00 of the  penal  law,  (B)  the  use  or
    29  threatened use of a deadly weapon or dangerous instrument as those terms
    30  are  defined in subdivisions twelve and thirteen of section 10.00 of the
    31  penal law, or (C) behavior constituting any violent  felony  offense  as
    32  defined  in section 70.02 of the penal law; or (iii) the defendant has a
    33  prior conviction for stalking in the first degree as defined in  section
    34  120.60  of  the  penal  law, stalking in the second degree as defined in
    35  section 120.55 of the penal law, stalking in the third degree as defined
    36  in section 120.50 of the penal law or stalking in the fourth  degree  as
    37  defined in section 120.45 of such law; [and]
    38    (b)  the court shall where the court finds a substantial risk that the
    39  defendant may use or threaten to use a firearm, rifle or shotgun  unlaw-
    40  fully  against  the person or persons for whose protection the temporary
    41  order of  protection  is  issued,  suspend  any  such  existing  license
    42  possessed  by  the  defendant, order the defendant ineligible for such a
    43  license and order the immediate surrender pursuant to  subparagraph  (f)
    44  of  paragraph one of subdivision a of section 265.20 and subdivision six
    45  of section 400.05 of the penal law, of any or all firearms,  rifles  and
    46  shotguns owned or possessed[.]; and
    47    (c)  the  court may where the defendant willfully refuses to surrender
    48  such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of
    49  this  subdivision,  or  for  other good cause shown, order the immediate
    50  seizure of such firearm, rifle or shotgun, and search therefor, consist-
    51  ent with such rights as the defendant may derive from  this  article  or
    52  the constitution of this state or the United States.
    53    §  5. Paragraphs (a) and (b) of subdivision 2 of section 530.14 of the
    54  criminal procedure law, as amended by chapter 60 of the  laws  of  2018,
    55  are amended and a new paragraph (c) is added to read as follows:

        S. 7505                            24                            A. 9505

     1    (a)  the court shall revoke any such existing license possessed by the
     2  defendant, order the defendant ineligible for such a license  and  order
     3  the  immediate  surrender  of  any  or all firearms, rifles and shotguns
     4  owned or possessed where such action is required by  section  400.00  of
     5  the penal law; [and]
     6    (b)  the court shall where the court finds a substantial risk that the
     7  defendant may use or threaten to use a firearm, [rifles] rifle or [shot-
     8  guns] shotgun  unlawfully  against  the  person  or  persons  for  whose
     9  protection the order of protection is issued, (i) revoke any such exist-
    10  ing  license  possessed by the defendant, order the defendant ineligible
    11  for such a license and order the  immediate  surrender  of  any  or  all
    12  firearms,  rifles  and  shotguns  owned  or possessed or (ii) suspend or
    13  continue to suspend any such existing license possessed by  the  defend-
    14  ant,  order  the  defendant  ineligible for such a license and order the
    15  immediate surrender pursuant to subparagraph (f)  of  paragraph  one  of
    16  subdivision a of section 265.20 and subdivision six of section 400.05 of
    17  the  penal  law,  of  any  or all firearms, rifles and shotguns owned or
    18  possessed[.]; and
    19    (c) the court may where the defendant willfully refuses  to  surrender
    20  such  firearm,  rifle  or  shotgun pursuant to paragraphs (a) and (b) of
    21  this subdivision, or for other good cause  shown,  order  the  immediate
    22  seizure of such firearm, rifle or shotgun, and search therefor, consist-
    23  ent  with  such  rights as the defendant may derive from this article or
    24  the constitution of this state or the United States.
    25    § 6. Paragraphs (a) and (b) of subdivision 3 of section 530.14 of  the
    26  criminal  procedure  law,  as amended by chapter 60 of the laws of 2018,
    27  are amended and a new paragraph (c) is added to read as follows:
    28    (a) the court shall revoke any such existing license possessed by  the
    29  defendant,  order  the defendant ineligible for such a license and order
    30  the immediate surrender of any or  all  firearms,  rifles  and  shotguns
    31  owned or possessed where the willful failure to obey such order involved
    32  (i) the infliction of physical injury, as defined in subdivision nine of
    33  section  10.00  of  the  penal  law, (ii) the use or threatened use of a
    34  deadly weapon or dangerous instrument as  those  terms  are  defined  in
    35  subdivisions  twelve  and  thirteen  of  section 10.00 of the penal law,
    36  (iii) behavior constituting any violent felony  offense  as  defined  in
    37  section  70.02  of the penal law; or (iv) behavior constituting stalking
    38  in the first degree as defined in  section  120.60  of  the  penal  law,
    39  stalking  in the second degree as defined in section 120.55 of the penal
    40  law, stalking in the third degree as defined in section  120.50  of  the
    41  penal  law or stalking in the fourth degree as defined in section 120.45
    42  of such law; [and]
    43    (b) the court shall where the court finds a substantial risk that  the
    44  defendant  may use or threaten to use a firearm, rifle or shotgun unlaw-
    45  fully against the person or persons for whose protection  the  order  of
    46  protection was issued, (i) revoke any such existing license possessed by
    47  the  defendant,  order  the  defendant ineligible for such a license and
    48  order the immediate surrender pursuant to subparagraph (f) of  paragraph
    49  one  of  subdivision  a of section 265.20 and subdivision six of section
    50  400.05 of the penal law, of any or all  firearms,  rifles  and  shotguns
    51  owned  or  possessed or (ii) suspend any such existing license possessed
    52  by the defendant, order the defendant ineligible for such a license  and
    53  order  the immediate surrender pursuant to subparagraph (f) of paragraph
    54  one of subdivision a of section 265.20 and subdivision  six  of  section
    55  400.05  of  the  penal  law, of any or all firearms, rifles and shotguns
    56  owned or possessed[.]; and

        S. 7505                            25                            A. 9505

     1    (c) the court may where the defendant willfully refuses  to  surrender
     2  such  firearm,  rifle  or  shotgun pursuant to paragraphs (a) and (b) of
     3  this subdivision, or for other good cause  shown,  order  the  immediate
     4  seizure of such firearm, rifle or shotgun, and search therefor, consist-
     5  ent  with  such  rights as the defendant may derive from this article or
     6  the constitution of this state or the United States.
     7    § 7. Subdivisions 6 and 7 of section 530.14 of the criminal  procedure
     8  law,  as  amended by chapter 60 of the laws of 2018, are amended to read
     9  as follows:
    10    6. Notice. (a) Where an order requiring surrender, revocation, suspen-
    11  sion, seizure or ineligibility has been issued pursuant to this section,
    12  any temporary order of protection or order of  protection  issued  shall
    13  state  that  such  firearm license has been suspended or revoked or that
    14  the defendant is ineligible for such license, as the case  may  be,  and
    15  that  the  defendant is prohibited from possessing any firearm, rifle or
    16  shotgun.
    17    (b) The court revoking or suspending the license, ordering the defend-
    18  ant ineligible for such a license, or ordering the surrender or  seizure
    19  of  any  firearm,  rifle  or  shotgun  shall immediately notify the duly
    20  constituted police authorities of the locality  concerning  such  action
    21  and,  in  the  case  of  orders  of  protection  and temporary orders of
    22  protection issued pursuant to section  530.12  of  this  article,  shall
    23  immediately notify the statewide registry of orders of protection.
    24    (c)  The  court  revoking  or  suspending  the license or ordering the
    25  defendant ineligible for such a license shall give written notice there-
    26  of without unnecessary delay to the division  of  state  police  at  its
    27  office in the city of Albany.
    28    (d)  Where  an  order  of  revocation, suspension, ineligibility [or],
    29  surrender or seizure is modified or vacated, the court shall immediately
    30  notify the statewide registry of  orders  of  protection  and  the  duly
    31  constituted  police  authorities  of the locality concerning such action
    32  and shall give written notice thereof without unnecessary delay  to  the
    33  division of state police at its office in the city of Albany.
    34    7. Hearing. The defendant shall have the right to a hearing before the
    35  court  regarding any revocation, suspension, ineligibility [or], surren-
    36  der or seizure order issued pursuant  to  this  section,  provided  that
    37  nothing  in  this  subdivision shall preclude the court from issuing any
    38  such order prior to a hearing. Where the court has issued such an  order
    39  prior  to a hearing, it shall commence such hearing within fourteen days
    40  of the date such order was issued.
    41    § 8. The section heading and paragraphs (a) and (b) of  subdivision  1
    42  of  section  842-a  of the family court act, as amended by chapter 60 of
    43  the laws of 2018, are amended and a new paragraph (c) is added  to  read
    44  as follows:
    45    Suspension  and  revocation  of a license to carry, possess, repair or
    46  dispose of a firearm or firearms pursuant to section 400.00 of the penal
    47  law and ineligibility for such a license; order to  surrender  firearms;
    48  order to seize firearms.
    49    (a) the court shall suspend any such existing license possessed by the
    50  respondent,  order  the  respondent  ineligible  for such a license, and
    51  order the immediate surrender pursuant to subparagraph (f) of  paragraph
    52  one  of  subdivision  a of section 265.20 and subdivision six of section
    53  400.05 of the penal law, of any or all  firearms,  rifles  and  shotguns
    54  owned  or  possessed where the court receives information that gives the
    55  court good cause to  believe  that:  (i)  the  respondent  has  a  prior
    56  conviction  of any violent felony offense as defined in section 70.02 of

        S. 7505                            26                            A. 9505

     1  the penal law; (ii) the respondent has previously  been  found  to  have
     2  willfully  failed  to  obey a prior order of protection and such willful
     3  failure involved (A) the infliction of physical injury,  as  defined  in
     4  subdivision  nine  of  section  10.00  of  the penal law, (B) the use or
     5  threatened use of a deadly weapon or dangerous instrument as those terms
     6  are defined in subdivisions twelve and thirteen of section 10.00 of  the
     7  penal  law,  or  (C) behavior constituting any violent felony offense as
     8  defined in section 70.02 of the penal law; or (iii) the respondent has a
     9  prior conviction for stalking in the first degree as defined in  section
    10  120.60  of  the  penal  law, stalking in the second degree as defined in
    11  section 120.55 of the penal law, stalking in the third degree as defined
    12  in section 120.50 of the penal law or stalking in the fourth  degree  as
    13  defined in section 120.45 of such law; [and]
    14    (b)  the court shall where the court finds a substantial risk that the
    15  respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
    16  fully against the person or persons for whose protection  the  temporary
    17  order  of  protection  is  issued,  suspend  any  such  existing license
    18  possessed by the respondent, order the respondent ineligible for such  a
    19  license,  and order the immediate surrender pursuant to subparagraph (f)
    20  of paragraph one of subdivision a of section 265.20 and subdivision  six
    21  of  section  400.05 of the penal law, of any or all firearms, rifles and
    22  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    § 9. Paragraphs (a) and (b) of subdivision 2 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 court finds that the conduct which resulted
    38  in  the  issuance of the order of protection involved (i) the infliction
    39  of physical injury, as defined in subdivision nine of section  10.00  of
    40  the  penal  law,  (ii)  the  use or threatened use of a deadly weapon or
    41  dangerous instrument as those terms are defined in  subdivisions  twelve
    42  and  thirteen  of  section  10.00  of  the  penal law, or (iii) behavior
    43  constituting any violent felony offense as defined in section  70.02  of
    44  the penal law; [and]
    45    (b) the court shall, where the court finds a substantial risk that the
    46  respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
    47  fully  against  the  person or persons for whose protection the order of
    48  protection is issued, (i) revoke any such existing license possessed  by
    49  the  respondent,  order the respondent ineligible for such a license and
    50  order the immediate surrender pursuant to subparagraph (f) of  paragraph
    51  one  of  subdivision  a of section 265.20 and subdivision six of section
    52  400.05 of the penal law, of any or all  firearms,  rifles  and  shotguns
    53  owned  or  possessed  or  (ii)  suspend  or continue to suspend any such
    54  existing license possessed by the respondent, order the respondent inel-
    55  igible for such a license, and order the immediate surrender pursuant to
    56  subparagraph (f) of paragraph one of subdivision a of section 265.20 and

        S. 7505                            27                            A. 9505

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

        S. 7505                            28                            A. 9505

     1  that the defendant is prohibited from possessing any firearms, rifles or
     2  shotguns.
     3    (b)  The  court  revoking  or  suspending  the  license,  ordering the
     4  respondent ineligible for such license, or  ordering  the  surrender  or
     5  seizure  of any firearm, rifles or shotguns shall immediately notify the
     6  statewide registry of orders of  protection  and  the  duly  constituted
     7  police authorities of the locality of such action.
     8    (c)  The  court  revoking  or  suspending  the license or ordering the
     9  defendant ineligible for such license shall give written notice  thereof
    10  without  unnecessary delay to the division of state police at its office
    11  in the city of Albany.
    12    (d) Where an order  of  revocation,  suspension,  ineligibility,  [or]
    13  surrender, or seizure is modified or vacated, the court shall immediate-
    14  ly  notify  the  statewide registry of orders of protection and the duly
    15  constituted police authorities of the locality  concerning  such  action
    16  and  shall  give written notice thereof without unnecessary delay to the
    17  division of state police at its office in the city of Albany.
    18    7. Hearing. The respondent shall have the right to  a  hearing  before
    19  the  court  regarding  any  revocation,  suspension, ineligibility [or],
    20  surrender or seizure order issued pursuant  to  this  section,  provided
    21  that  nothing  in this subdivision shall preclude the court from issuing
    22  any such order prior to a hearing. Where the court has  issued  such  an
    23  order prior to a hearing, it shall commence such hearing within fourteen
    24  days of the date such order was issued.
    25    §  12.  This  act  shall  take  effect  on  the first of November next
    26  succeeding the date on which it shall have become a law.

    27                                   PART N

    28    Section 1. Subdivision 17 of section 265.00 of the penal law, as added
    29  by chapter 1041 of the laws of 1974, paragraph (a) as amended by chapter
    30  264 of the laws of 2003, paragraph (b) as separately amended by sections
    31  2 and 3 of chapter 232 of the laws of 2010, and paragraph (c)  as  added
    32  by chapter 60 of the laws of 2018, is amended to read as follows:
    33    17. "Serious offense" means (a) [any of the following offenses defined
    34  in  the  former  penal  law  as in force and effect immediately prior to
    35  September first, nineteen hundred sixty-seven: illegally using, carrying
    36  or possessing a pistol or other dangerous weapon; making  or  possessing
    37  burglar's  instruments;  buying  or  receiving stolen property; unlawful
    38  entry of a building; aiding escape from prison; that kind of  disorderly
    39  conduct  defined  in subdivisions six and eight of section seven hundred
    40  twenty-two of such former penal law; violations of sections four hundred
    41  eighty-three, four hundred eighty-three-b,  four  hundred  eighty-four-h
    42  and article one hundred six of such former penal law; that kind of crim-
    43  inal sexual act or rape which was designated as a misdemeanor; violation
    44  of  section seventeen hundred forty-seven-d and seventeen hundred forty-
    45  seven-e of such former penal law; any  violation  of  any  provision  of
    46  article thirty-three of the public health law relating to narcotic drugs
    47  which  was  defined as a misdemeanor by section seventeen hundred fifty-
    48  one-a of such former penal law, and any violation of  any  provision  of
    49  article  thirty-three-A  of the public health law relating to depressant
    50  and stimulant drugs which was defined as a misdemeanor by section seven-
    51  teen hundred forty-seven-b of such former penal law.
    52    (b)] any of the following offenses defined in the  current  penal  law
    53  and  any  offense  in  any  jurisdiction  or  the  former penal law that
    54  includes all of the essential elements of any of the following offenses:

        S. 7505                            29                            A. 9505

     1  illegally using, carrying or possessing  a  pistol  or  other  dangerous
     2  weapon;  possession  of  burglar's  tools; criminal possession of stolen
     3  property in the third degree; escape  in  the  third  degree;  jostling;
     4  fraudulent  accosting; endangering the welfare of a child; [the offenses
     5  defined in article two hundred  thirty-five;]  obscenity  in  the  third
     6  degree;  issuing abortional articles; permitting prostitution; promoting
     7  prostitution in the third degree; stalking in the fourth degree;  stalk-
     8  ing  in  the  third degree; [the offenses defined in article one hundred
     9  thirty; the offenses defined  in  article  two  hundred  twenty]  sexual
    10  misconduct;  forcible touching; sexual abuse in the third degree; sexual
    11  abuse  in  the  second  degree;  criminal  possession  of  a  controlled
    12  substance  in  the  seventh  degree;  criminally possessing a hypodermic
    13  instrument; criminally using drug paraphernalia in  the  second  degree;
    14  criminal  possession  of  methamphetamine  manufacturing material in the
    15  second degree.
    16    [(b) any of the following offenses defined in the penal law: illegally
    17  using, carrying or  possessing  a  pistol  or  other  dangerous  weapon;
    18  possession of burglar's tools; criminal possession of stolen property in
    19  the  third  degree;  escape  in  the  third degree; jostling; fraudulent
    20  accosting; endangering the welfare of a child; the offenses  defined  in
    21  article two hundred thirty-five; issuing abortional articles; permitting
    22  prostitution;  promoting  prostitution  in the third degree; stalking in
    23  the third degree; stalking in the fourth degree; the offenses defined in
    24  article one hundred thirty; the offenses defined in article two  hundred
    25  twenty.
    26    (c)]  (b)  any  of the following offenses defined in the current penal
    27  law and any offense in any jurisdiction or in the former penal law  that
    28  includes all of the essential elements of any of the following offenses,
    29  where  the defendant and the person against whom the offense was commit-
    30  ted were members of the same family or household as defined in  subdivi-
    31  sion  one of section 530.11 of the criminal procedure law [and as estab-
    32  lished pursuant to  section  370.15  of  the  criminal  procedure  law]:
    33  assault  in  the third degree; menacing in the third degree; menacing in
    34  the second degree; criminal obstruction of  breathing  or  blood  circu-
    35  lation;  unlawful  imprisonment  in  the  second degree; coercion in the
    36  third degree; criminal tampering in the third degree; criminal  contempt
    37  in the second degree; harassment in the first degree; aggravated harass-
    38  ment in the second degree; criminal trespass in the third degree; crimi-
    39  nal trespass in the second degree; arson in the fifth degree; or attempt
    40  to commit any of the above-listed offenses.
    41    (c) any misdemeanor offense in any jurisdiction or in the former penal
    42  law  that  includes all of the essential elements of a felony offense as
    43  defined in the current penal law.
    44    § 2. Section 400.00 of the penal law is amended by adding a new subdi-
    45  vision 1-a to read as follows:
    46    1-a. For purposes of subdivision one of this section, serious  offense
    47  shall  include  an  offense  in any jurisdiction or the former penal law
    48  that includes all of the essential elements  of  a  serious  offense  as
    49  defined  by  subdivision  seventeen  of  section 265.00 of this chapter.
    50  Nothing in this subdivision shall preclude the denial of a license based
    51  on the commission of, arrest for or conviction  of  an  offense  in  any
    52  other  jurisdiction which does not include all of the essential elements
    53  of a serious offense.
    54    § 3. This act shall take effect on the first of November next succeed-
    55  ing the date upon which it shall have become a law.

        S. 7505                            30                            A. 9505

     1                                   PART O

     2    Section  1.  Subdivisions 4 and 5 of section 230 of the executive law,
     3  as added by chapter 189 of the laws of 2000, are amended and  three  new
     4  subdivisions 6, 7, and 8 are added to read as follows:
     5    4.  The superintendent of the division of state police shall establish
     6  and maintain within the division  a  criminal  gun  clearinghouse  as  a
     7  central  repository of information regarding all guns seized, forfeited,
     8  found or otherwise coming into the possession of any state or local  law
     9  enforcement  agency  which are believed to have been used in the commis-
    10  sion of a crime. The superintendent of  the  division  of  state  police
    11  shall  adopt and promulgate regulations prescribing reporting procedures
    12  for such state or local law enforcement agencies, including the form for
    13  reporting such information. In addition to any other  information  which
    14  the superintendent of the division of state police may require, the form
    15  shall  require (a) the serial number or other identifying information on
    16  the gun, if available and (b) a brief description of  the  circumstances
    17  under  which  the  gun  came  into the possession of the law enforcement
    18  agency, including the crime which was or may have  been  committed  with
    19  the  gun.  Whenever  a  state  or local law enforcement agency seizes or
    20  recovers a gun that was unlawfully possessed,  recovered  from  a  crime
    21  scene, or is reasonably believed to have been used in or associated with
    22  the  commission of a crime, or is otherwise recovered as an abandoned or
    23  discarded gun, the agency shall report such seized or recovered  gun  to
    24  the  criminal  gun  clearinghouse as soon as practicable, but in no case
    25  more than twenty-four hours after the agency  has  taken  possession  of
    26  such  gun.  Every  report  made  to  the criminal gun clearinghouse will
    27  result in the prompt submission of a request  to  the  national  tracing
    28  center  of  the  bureau  of alcohol, tobacco, firearms and explosives to
    29  trace  the movement of the subject gun and such federal agency  will  be
    30  requested  to  provide the results of such a trace to the superintendent
    31  of the division of state police and to the law enforcement  agency  that
    32  submitted the clearinghouse report.
    33    5. [In any case where a state or local law enforcement agency investi-
    34  gates  the  commission  of  a  crime in this state and a specific gun is
    35  known to have been used in  such  crime,  such  agency  shall  submit  a
    36  request  to  the national tracing center of the United States Department
    37  of Treasury, bureau of alcohol, tobacco and firearms to trace the  move-
    38  ment  of  such gun and such federal agency shall be requested to provide
    39  the superintendent of the division of state police  and  the  local  law
    40  enforcement  agency  with  the results of such a trace. This subdivision
    41  shall not apply where the source of a gun is already known  to  a  local
    42  law  enforcement  agency.]  All state and local law enforcement agencies
    43  shall participate in  the  bureau  of  alcohol,  tobacco,  firearms  and
    44  explosives  collective  data  sharing program for the purpose of sharing
    45  gun trace reports among all law enforcement agencies in the state  on  a
    46  reciprocal basis.
    47    6.  (a)  Whenever  a  state  or local law enforcement agency seizes or
    48  recovers a gun that was unlawfully possessed, recovered from  the  scene
    49  of  a  crime,  or is reasonably believed to have been used or associated
    50  with the commission of a crime, or is recovered  by  the  agency  as  an
    51  abandoned  or discarded gun, the agency shall arrange for every such gun
    52  that is determined to be suitable for test-firing and of a type that  is
    53  eligible  for  national  integrated  ballistic  information network data
    54  entry and correlation to be test-fired as soon as practicable,  and  the
    55  results of that test-firing shall be submitted forthwith to the national

        S. 7505                            31                            A. 9505

     1  integrated ballistic information network to determine whether the gun is
     2  associated  or  related  to  a  crime, criminal event, or any individual
     3  associated or related  to  a  crime  or  criminal  event  or  reasonably
     4  believed to be associated or related to a crime or criminal event.
     5    (b)  Whenever  a  state  or  local law enforcement agency recovers any
     6  ammunition cartridge case that  is  of  a  type  that  is  eligible  for
     7  national  integrated ballistic information network data entry and corre-
     8  lation at a crime scene, or has reason to believe  that  such  recovered
     9  ammunition  cartridge  case is related to or associated with the commis-
    10  sion of a crime or the unlawful discharge of a gun, the agency shall, as
    11  soon as practicable,  arrange  for  the  ballistics  information  to  be
    12  submitted to the national integrated ballistic information network.
    13    7. Whenever a state or local law enforcement agency seizes or recovers
    14  any  gun,  the agency shall promptly enter the make, model, caliber, and
    15  serial number of the gun into  the  national  crime  information  center
    16  (NCIC) system to determine whether the gun was reported stolen.
    17    8.  The  superintendent  may adopt rules and regulations to effectuate
    18  the provisions of this section.
    19    § 2. This act shall take effect on the one hundred eightieth day after
    20  it shall have become a law.

    21                                   PART P

    22    Section 1. Paragraph 13 of subdivision (c) of  section  33.13  of  the
    23  mental  hygiene  law,  as  amended  by  chapter 491 of the laws of 2008,
    24  subparagraph (ii) as amended by chapter 37  of  the  laws  of  2011,  is
    25  amended to read as follows:
    26    13.  to  the  state division of criminal justice services for the sole
    27  purposes of:
    28    (i) providing, facilitating, evaluating  or  auditing  access  by  the
    29  commissioner  of  mental health to criminal history information pursuant
    30  to subdivision (i) of section 7.09 of this chapter; or
    31    (ii)  providing  information  to  the  criminal  justice   information
    32  services  division of the federal bureau of investigation by the commis-
    33  sioner of mental health or the commissioner of  developmental  disabili-
    34  ties,  for the purposes of responding to queries to the national instant
    35  criminal background check  system  regarding  attempts  to  purchase  or
    36  otherwise  take  possession  of  firearms, in accordance with applicable
    37  federal laws or regulations[.]; or
    38    (iii) providing information to  law  enforcement  entities  in  states
    39  other  than  New York for the sole purpose of determining eligibility to
    40  purchase, possess, or carry a firearm, provided that the law enforcement
    41  entity obtains and provides a confidentiality waiver to the division  of
    42  criminal justice services, where legally necessary.
    43    §  2.  Paragraph  15 of subdivision (c) of section 33.13 of the mental
    44  hygiene law, as added by chapter 1 of the laws of 2013,  is  amended  to
    45  read as follows:
    46    15.  to  the  division  of  criminal justice services, names and other
    47  non-clinical identifying information for the sole [purpose] purposes of:
    48    (i) implementing the  division's  responsibilities  and  duties  under
    49  sections 400.00 and 400.02 of the penal law[.]; or
    50    (ii) providing information to law enforcement entities in states other
    51  than  New  York  for  the  sole  purpose  of  determining eligibility to
    52  purchase, possess, or carry a firearm, provided that the law enforcement
    53  entity obtains and provides a confidentiality waiver to the division  of
    54  criminal justice services, where legally necessary.

        S. 7505                            32                            A. 9505

     1    § 3. This act shall take effect immediately.

     2                                   PART Q

     3    Section 1.  The penal law is amended by adding a new section 120.65 to
     4  read as follows:
     5  § 120.65 Domestic violence.
     6    A person is guilty of domestic violence when he or she:
     7    1.  commits  a serious offense as defined in paragraph (c) of subdivi-
     8  sion seventeen of section 265.00 of this chapter and the person  against
     9  whom  the  offense is committed is a member of the same family or house-
    10  hold as defined in subdivision one of section  530.11  of  the  criminal
    11  procedure law; or
    12    2.  commits  the  crime  of  assault in the third degree as defined in
    13  subdivisions one and two of section 120.00 of this article, or  criminal
    14  obstruction  of  breathing  or  blood  circulation as defined in section
    15  121.11 of this title, forcible touching as defined in section 130.52  of
    16  this  title,  or sexual abuse in the second degree as defined in section
    17  130.60 of this title, or sexual abuse in the third degree as defined  in
    18  section  130.55  of  this  title, or unlawful imprisonment in the second
    19  degree as defined in section 135.05 of this title and the person against
    20  whom the offense is committed is a current or former spouse, parent,  or
    21  guardian  of the victim, a person with whom the victim shares a child in
    22  common, a person who is cohabiting with or has cohabited with the victim
    23  as a spouse, parent, or guardian, or a person similarly  situated  to  a
    24  spouse, parent, or guardian of the victim.
    25    Domestic violence is a class A misdemeanor.
    26    §  2.  Paragraph  (c) of subdivision 17 of section 265.00 of the penal
    27  law, as added by chapter 60 of the laws of 2018, is amended to  read  as
    28  follows:
    29    (c)  any of the following offenses, where the defendant and the person
    30  against whom the offense was committed were members of the  same  family
    31  or  household  as  defined  in  subdivision one of section 530.11 of the
    32  criminal procedure law [and as established pursuant to section 370.15 of
    33  the criminal procedure law]: assault in the third  degree;  menacing  in
    34  the third degree; menacing in the second degree; criminal obstruction of
    35  breathing  or  blood  circulation;  unlawful  imprisonment in the second
    36  degree; coercion in the third degree; criminal tampering  in  the  third
    37  degree;  criminal contempt in the second degree; harassment in the first
    38  degree; aggravated harassment in the second degree; criminal trespass in
    39  the third degree; criminal trespass in the second degree; arson  in  the
    40  fifth degree; or attempt to commit any of the above-listed offenses.
    41    § 3. This act shall take effect on the first of November next succeed-
    42  ing the date on which it shall have become a law.

    43                                   PART R

    44    Section  1.  Short  title. This act shall be known and may be cited as
    45  the "New York Hate Crime Anti-Terrorism Act".
    46    § 2. The opening paragraph of section 485.00  of  the  penal  law,  as
    47  amended by chapter 8 of the laws of 2019, is amended to read as follows:
    48    The legislature finds and determines as follows: criminal acts involv-
    49  ing  violence,  intimidation and destruction of property based upon bias
    50  and prejudice have become more prevalent in New  York  state  in  recent
    51  years.    The  intolerable  truth  is that in these crimes, commonly and
    52  justly referred to as "hate crimes", victims are intentionally selected,

        S. 7505                            33                            A. 9505

     1  in whole or in part, because of  their  race,  color,  national  origin,
     2  ancestry,  gender,  gender  identity  or expression, religion, religious
     3  practice, age, disability or sexual orientation.  Hate  crimes  do  more
     4  than  threaten  the  safety and welfare of all citizens. They inflict on
     5  victims incalculable physical and emotional damage and tear at the  very
     6  fabric  of  free  society.  Crimes  motivated by invidious hatred toward
     7  particular groups not only harm individual victims but send  a  powerful
     8  message of intolerance and discrimination to all members of the group to
     9  which  the victim belongs. Hate crimes can and do intimidate and disrupt
    10  entire communities and vitiate the civility that is essential to healthy
    11  democratic processes.  In  a  democratic  society,  citizens  cannot  be
    12  required  to  approve  of  the beliefs and practices of others, but must
    13  never commit criminal acts on account of them.   [Current law]  However,
    14  these criminal acts do occur and are occurring more and more frequently.
    15  Quite  often,  these  crimes of hate are also acts of terror. The recent
    16  attacks in Monsey, New York as well as the shootings in El Paso,  Texas;
    17  Pittsburgh,  Pennsylvania;  Sutherland Springs, Texas; Orlando, Florida;
    18  and Charleston, South Carolina illustrate that mass killings  are  often
    19  apolitical,  motivated  by the hatred of a specific group coupled with a
    20  desire to inflict mass casualties. The current law emphasizes the  poli-
    21  tical  motivation  of  an  act over its catastrophic effect and does not
    22  adequately recognize the harm to public order and individual safety that
    23  hate crimes cause. Therefore, our laws must be strengthened  to  provide
    24  clear  recognition  of  the  gravity  of  hate crimes and the compelling
    25  importance of preventing their recurrence.
    26    § 3. Subdivision 3 of section 485.05 of the penal law, as  amended  by
    27  section  9  of  part NN of chapter 55 of the laws of 2018, is amended to
    28  read as follows:
    29    3. A "specified offense" is an offense defined by any of the following
    30  provisions of  this  chapter:  section  120.00  (assault  in  the  third
    31  degree);  section  120.05 (assault in the second degree); section 120.10
    32  (assault in the first degree); section 120.12 (aggravated assault upon a
    33  person less than eleven years old);  section  120.13  (menacing  in  the
    34  first  degree);  section 120.14 (menacing in the second degree); section
    35  120.15 (menacing in the third degree); section 120.20  (reckless  endan-
    36  germent  in the second degree); section 120.25 (reckless endangerment in
    37  the first degree); section 121.12 (strangulation in the second  degree);
    38  section  121.13  (strangulation in the first degree); subdivision one of
    39  section 125.15 (manslaughter in the second degree); subdivision one, two
    40  or four of section 125.20 (manslaughter in the  first  degree);  section
    41  125.25  (murder  in  the second degree); section 120.45 (stalking in the
    42  fourth degree); section 120.50 (stalking in the third  degree);  section
    43  120.55  (stalking in the second degree); section 120.60 (stalking in the
    44  first degree); subdivision one of section  130.35  (rape  in  the  first
    45  degree);  subdivision  one of section 130.50 (criminal sexual act in the
    46  first degree); subdivision one of section 130.65 (sexual  abuse  in  the
    47  first  degree);  paragraph  (a)  of  subdivision  one  of section 130.67
    48  (aggravated sexual abuse in the second degree); paragraph (a) of  subdi-
    49  vision  one  of  section  130.70  (aggravated  sexual abuse in the first
    50  degree); section 135.05 (unlawful imprisonment in  the  second  degree);
    51  section  135.10  (unlawful  imprisonment  in  the first degree); section
    52  135.20 (kidnapping in the second degree); section 135.25 (kidnapping  in
    53  the  first  degree);  section  135.60  (coercion  in  the third degree);
    54  section 135.61 (coercion in the second degree); section 135.65 (coercion
    55  in the first degree); section 140.10 (criminal  trespass  in  the  third
    56  degree);  section  140.15  (criminal  trespass  in  the  second degree);

        S. 7505                            34                            A. 9505

     1  section 140.17 (criminal trespass in the first degree);  section  140.20
     2  (burglary  in  the third degree); section 140.25 (burglary in the second
     3  degree); section 140.30 (burglary in the first degree);  section  145.00
     4  (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
     5  mischief in the third degree); section 145.10 (criminal mischief in  the
     6  second  degree); section 145.12 (criminal mischief in the first degree);
     7  section 150.05 (arson in the fourth degree); section  150.10  (arson  in
     8  the  third degree); section 150.15 (arson in the second degree); section
     9  150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
    10  section  155.30  (grand  larceny  in  the fourth degree); section 155.35
    11  (grand larceny in the third degree); section 155.40  (grand  larceny  in
    12  the  second degree); section 155.42 (grand larceny in the first degree);
    13  section 160.05 (robbery in the third degree); section 160.10 (robbery in
    14  the second degree);  section  160.15  (robbery  in  the  first  degree);
    15  section 240.25 (harassment in the first degree); subdivision one, two or
    16  four  of  section  240.30  (aggravated harassment in the second degree);
    17  section 490.10 (soliciting or providing support for an act of  terrorism
    18  in  the  second degree); section 490.15 (soliciting or providing support
    19  for an act of terrorism in the first degree); section 490.20  (making  a
    20  terroristic threat); section 490.25 (crime of terrorism); section 490.30
    21  (hindering  prosecution  of  terrorism  in  the  second degree); section
    22  490.35 (hindering prosecution of terrorism in the first degree); section
    23  490.37 (criminal possession of a chemical weapon or biological weapon in
    24  the third degree); section 490.40 (criminal  possession  of  a  chemical
    25  weapon or biological weapon in the second degree); section 490.45 (crim-
    26  inal  possession  of a chemical weapon or biological weapon in the first
    27  degree); section 490.47 (criminal use of a chemical weapon or biological
    28  weapon in the third degree); section 490.50 (criminal use of a  chemical
    29  weapon or biological weapon in the second degree); section 490.55 (crim-
    30  inal use of a chemical weapon or biological weapon in the first degree);
    31  or any attempt or conspiracy to commit any of the foregoing offenses.
    32    §  4.  The  penal law is amended by adding two new sections 490.27 and
    33  490.28 to read as follows:
    34  § 490.27 Domestic act of terrorism  motivated  by  hate  in  the  second
    35             degree.
    36    A person is guilty of the crime of domestic act of terrorism motivated
    37  by  hate  in the second degree when, acting with the intent to cause the
    38  death of, or serious physical injury to, five or more other persons,  in
    39  whole  or  in  substantial  part  because  of the perceived race, color,
    40  national origin, ancestry, gender, gender identity or expression,  reli-
    41  gion, religious practice, age, disability, or sexual orientation of such
    42  other  persons,  regardless  of  whether  that  belief  or perception is
    43  correct, he or she, as part of the same criminal  transaction,  attempts
    44  to  cause the death of, or serious physical injury to, such five or more
    45  persons, provided that the victims are not participants in the  criminal
    46  transaction.
    47    Domestic  act of terrorism motivated by hate in the second degree is a
    48  class A-I felony.
    49  § 490.28 Domestic act of  terrorism  motivated  by  hate  in  the  first
    50             degree.
    51    A person is guilty of the crime of domestic act of terrorism motivated
    52  by  hate  in  the first degree when, acting with the intent to cause the
    53  death of, or serious physical injury to, five or more other persons,  in
    54  whole  or  in  substantial  part  because  of the perceived race, color,
    55  national origin, ancestry, gender, gender identity or expression,  reli-
    56  gion, religious practice, age, disability, or sexual orientation of such

        S. 7505                            35                            A. 9505

     1  other person or persons, regardless of whether that belief or perception
     2  is correct, he or she, as part of the same criminal transaction:
     3    1.  causes  the  death of at least one other person, provided that the
     4  victim or victims are not a participant in the criminal transaction; and
     5    2. causes or attempts to cause the death of four  or  more  additional
     6  other  persons,  provided  that the victims are not a participant in the
     7  criminal transaction; and
     8    3. the defendant was more than eighteen years old at the time  of  the
     9  commission of the crime.
    10    Domestic  act  of terrorism motivated by hate in the first degree is a
    11  class A-I felony.
    12    Notwithstanding any other provision of law, when a person is convicted
    13  of domestic act of terrorism motivated by hate in the first degree,  the
    14  sentence shall be life imprisonment without parole.
    15    §  5. Paragraph (q) of subdivision 8 of section 700.05 of the criminal
    16  procedure law, as amended by section 3 of part A of  chapter  1  of  the
    17  laws of 2004, is amended to read as follows:
    18    (q)  Soliciting  or  providing  support for an act of terrorism in the
    19  second degree as defined in section 490.10 of the penal law,  soliciting
    20  or  providing  support  for  an  act of terrorism in the first degree as
    21  defined in section 490.15 of the penal law, making a terroristic  threat
    22  as  defined  in  section  490.20 of the penal law, crime of terrorism as
    23  defined in section 490.25 of the penal law, domestic  act  of  terrorism
    24  motivated  by  hate in the second degree as defined in section 490.27 of
    25  the penal law, domestic act of terrorism motivated by hate in the  first
    26  degree  as  defined in section 490.28 of the penal law, hindering prose-
    27  cution of terrorism in the second degree as defined in section 490.30 of
    28  the penal law, hindering prosecution of terrorism in the first degree as
    29  defined in section 490.35 of the penal law,  criminal  possession  of  a
    30  chemical  weapon  or biological weapon in the third degree as defined in
    31  section 490.37 of the penal law, criminal possession of a chemical weap-
    32  on or biological weapon in the  second  degree  as  defined  in  section
    33  490.40  of  the  penal  law, criminal possession of a chemical weapon or
    34  biological weapon in the first degree as defined in  section  490.45  of
    35  the penal law, criminal use of a chemical weapon or biological weapon in
    36  the third degree as defined in section 490.47 of the penal law, criminal
    37  use  of  a  chemical weapon or biological weapon in the second degree as
    38  defined in section 490.50 of the penal law, and criminal use of a chemi-
    39  cal weapon or biological weapon  in  the  first  degree  as  defined  in
    40  section 490.55 of the penal law.
    41    §  6.  Domestic  terrorism task force. (a) There is hereby created the
    42  domestic terrorism task force to examine, evaluate and determine how  to
    43  prevent  mass  shootings  by  domestic  terrorists,  consisting  of nine
    44  members, each to serve until two years after the effective date of  this
    45  act.
    46    (b)  (1)  Such members shall be appointed as follows: one member shall
    47  be the commissioner of the division of criminal  justice  services;  one
    48  member  shall be the superintendent of state police; three members shall
    49  be appointed by the governor; one  member  shall  be  appointed  by  the
    50  temporary  president of the senate; one member shall be appointed by the
    51  minority leader of the senate; one member  shall  be  appointed  by  the
    52  speaker of the assembly; and one member shall be appointed by the minor-
    53  ity leader of the assembly. Appointments shall be made within sixty days
    54  of  the effective date of this act. Vacancies in the task force shall be
    55  filled in the same manner provided for original appointments.

        S. 7505                            36                            A. 9505

     1    (2) All appointees shall  have  expertise  in  fields  or  disciplines
     2  related to criminal justice or violence prevention.
     3    (3)  The  task force shall be chaired by the commissioner of the divi-
     4  sion of criminal justice services. The task force shall  elect  a  vice-
     5  chair  by  majority  vote  and  other  necessary officers from among all
     6  appointed members.
     7    (4) The task force shall meet at least quarterly at the  call  of  the
     8  chair.  Meetings may be held via teleconference. Special meetings may be
     9  called by the chair at the request of a majority of the members  of  the
    10  task force.
    11    (5)  Members of the task force shall receive no compensation for their
    12  services but shall be reimbursed for their actual expenses  incurred  in
    13  the performance of their duties in the work of the task force.
    14    (c) The task force shall:
    15    (1) study mass shooting incidents;
    16    (2)  recommend  practices  to  identify  potential  mass  shooters and
    17  prevent mass shooting incidents; and
    18    (3) recommend practices to provide for the security of locations like-
    19  ly to be targeted by a mass shooter.
    20    (d) The task force may  establish  advisory  committees  as  it  deems
    21  appropriate  on  matters  relating to the task force's functions, powers
    22  and duties. Such committees shall be chaired by a task force member, but
    23  may be composed of task force  members  as  well  as  other  individuals
    24  selected  by the task force to provide expertise of interest specific to
    25  the charge of such committees.
    26    (e) The task force may, as it deems appropriate, request that studies,
    27  surveys and analyses relating to the task force's powers and  duties  be
    28  performed by any state department, commission, agency or public authori-
    29  ty.  All  state departments, commissions, agencies or public authorities
    30  shall provide information and advice in a timely  manner  and  otherwise
    31  assist  the  task force with its work; provided however, any information
    32  or records otherwise confidential  and  privileged  in  accordance  with
    33  state  or  federal  law  that are provided to the task force pursuant to
    34  this subdivision shall remain confidential as provided by such state  or
    35  federal law.
    36    (f)  The task force shall provide a preliminary report to the governor
    37  and the legislature of its findings,  conclusions,  recommendations  and
    38  activities already undertaken by the task force, not later than thirteen
    39  months  after  the effective date of this act, and a final report of its
    40  findings, conclusions, recommendations and activities already undertaken
    41  by the task force, not later than twenty-two months after the  effective
    42  date of this act and shall submit with its reports legislative proposals
    43  as it deems necessary to implement its recommendations.
    44    § 7. This act shall take effect on the first of November next succeed-
    45  ing the date on which it shall have become a law.

    46                                   PART S

    47    Section  1.  Section  167-a  of  the  civil service law, as amended by
    48  section 1 of part I of chapter 55 of the laws of  2012,  is  amended  to
    49  read as follows:
    50    § 167-a. Reimbursement  for  medicare  premium charges. Upon exclusion
    51  from the coverage of the health benefit plan  of  supplementary  medical
    52  insurance  benefits for which an active or retired employee or a depend-
    53  ent covered by the health benefit plan is or would be eligible under the
    54  federal old-age, survivors and disability insurance program,  an  amount

        S. 7505                            37                            A. 9505

     1  equal  to  the  standard  medicare premium charge for such supplementary
     2  medical insurance benefits for such active or retired employee  and  his
     3  or  her  dependents, if any, shall be paid monthly or at other intervals
     4  to  such  active  or  retired  employee  from the health insurance fund.
     5  Furthermore, effective January  first,  two  thousand  twenty-one  there
     6  shall be no payment whatsoever for the income related monthly adjustment
     7  amount  for  amounts  (premiums) incurred on or after January first, two
     8  thousand twenty to any active or retired employee and his or her  depen-
     9  dents,  if any. Where appropriate, such standard medicare premium amount
    10  may be deducted from contributions payable by the  employee  or  retired
    11  employee; or where appropriate in the case of a retired employee receiv-
    12  ing a retirement allowance, such standard medicare premium amount may be
    13  included  with  payments  of  his or her retirement allowance. All state
    14  employer, employee, retired employee and dependent contributions to  the
    15  health  insurance fund, including contributions from public authorities,
    16  public benefit corporations or other quasi-public organizations  of  the
    17  state  eligible  for participation in the health benefit plan as author-
    18  ized by subdivision two of section one hundred sixty-three of this arti-
    19  cle, shall be adjusted as necessary to cover  the  cost  of  reimbursing
    20  federal  old-age,  survivors  and  disability  insurance program premium
    21  charges under this section. This cost shall be included  in  the  calcu-
    22  lation  of  premium or subscription charges for health coverage provided
    23  to employees and retired employees of  the  state,  public  authorities,
    24  public  benefit  corporations or other quasi-public organizations of the
    25  state; provided, however, the state, public authorities, public  benefit
    26  corporations  or  other  quasi-public  organizations  of the state shall
    27  remain obligated to pay no less than its share of  such  increased  cost
    28  consistent  with  its  share of premium or subscription charges provided
    29  for by this article. All other  employer  contributions  to  the  health
    30  insurance  fund  shall  be  adjusted  as  necessary  to provide for such
    31  payments.
    32    § 2. This act shall take effect immediately and shall apply on January
    33  1, 2020 for the income related monthly adjustment  amount  for  amounts,
    34  premiums, incurred on or after January 1, 2020.

    35                                   PART T

    36    Section  1.  Section  5004  of  the  civil  practice law and rules, as
    37  amended by chapter 258 of the laws  of  1981,  is  amended  to  read  as
    38  follows:
    39    §  5004.  Rate of interest. [Interest shall be at the rate of nine per
    40  centum per annum, except where otherwise provided by statute.]  Notwith-
    41  standing  any  other  provision  of  law  or regulation to the contrary,
    42  including any law or regulation that limits the annual rate of  interest
    43  to  be  paid on a judgment or accrued claim, the annual rate of interest
    44  to be paid on a judgment or accrued claim shall  be  calculated  at  the
    45  one-year  United  States  treasury  bill  rate. For the purposes of this
    46  section, the "one-year United States treasury bill rate" means the week-
    47  ly average one-year constant maturity treasury yield,  as  published  by
    48  the  board  of governors of the federal reserve system, for the calendar
    49  week preceding the date of the entry of the judgment  awarding  damages.
    50  Provided  however, that this section shall not apply to any provision of
    51  the tax law which provides for the annual rate of interest to be paid on
    52  a judgment or accrued claim.
    53    § 2. Section 16 of the state finance law, as amended by chapter 681 of
    54  the laws of 1982, is amended to read as follows:

        S. 7505                            38                            A. 9505

     1    § 16. Rate of interest on judgments and  accrued  claims  against  the
     2  state.    The rate of interest to be paid by the state upon any judgment
     3  or accrued claim against the state shall [not exceed nine per centum per
     4  annum] be calculated at the one-year United States treasury  bill  rate.
     5  For  the  purposes of this section, the "one-year United States treasury
     6  bill rate" means the weekly average one-year constant maturity  treasury
     7  yield,  as  published  by  the board of governors of the federal reserve
     8  system, for the calendar week preceding the date of  the  entry  of  the
     9  judgment awarding damages. Provided however, that this section shall not
    10  apply to any provision of the tax law which provides for the annual rate
    11  of interest to be paid on a judgment or accrued claim.
    12    §  3.  This  act shall take effect immediately, and shall be deemed to
    13  have been in full force and effect on and after April 1, 2020.
    14                                   PART U

    15    Section 1. Section 167-a of the  civil  service  law,  as  amended  by
    16  section  1  of  part  I of chapter 55 of the laws of 2012, is amended to
    17  read as follows:
    18    § 167-a. Reimbursement for medicare premium  charges.  Upon  exclusion
    19  from  the  coverage  of the health benefit plan of supplementary medical
    20  insurance benefits for which an active or retired employee or a  depend-
    21  ent covered by the health benefit plan is or would be eligible under the
    22  federal  old-age,  survivors and disability insurance program, an amount
    23  equal to the standard medicare premium  charge  for  such  supplementary
    24  medical  insurance  benefits for such active or retired employee and his
    25  or her dependents, if any, shall be paid monthly or at  other  intervals
    26  to  such  active  or  retired  employee  from the health insurance fund;
    27  provided, however, such payment for the standard medicare premium charge
    28  shall not exceed one hundred forty-four  dollars  and  sixty  cents  per
    29  month.   Where appropriate, such standard medicare premium amount may be
    30  deducted from contributions payable by the employee or retired employee;
    31  or where appropriate in the case  of  a  retired  employee  receiving  a
    32  retirement  allowance,  such  standard  medicare  premium  amount may be
    33  included with payments of his or her  retirement  allowance.  All  state
    34  employer,  employee, retired employee and dependent contributions to the
    35  health insurance fund, including contributions from public  authorities,
    36  public  benefit  corporations or other quasi-public organizations of the
    37  state eligible for participation in the health benefit plan  as  author-
    38  ized by subdivision two of section one hundred sixty-three of this arti-
    39  cle,  shall  be  adjusted  as necessary to cover the cost of reimbursing
    40  federal old-age, survivors  and  disability  insurance  program  premium
    41  charges  under  this  section. This cost shall be included in the calcu-
    42  lation of premium or subscription charges for health  coverage  provided
    43  to  employees  and  retired  employees of the state, public authorities,
    44  public benefit corporations or other quasi-public organizations  of  the
    45  state;  provided, however, the state, public authorities, public benefit
    46  corporations or other quasi-public  organizations  of  the  state  shall
    47  remain  obligated  to  pay no less than its share of such increased cost
    48  consistent with its share of premium or  subscription  charges  provided
    49  for  by  this  article.  All  other employer contributions to the health
    50  insurance fund shall be  adjusted  as  necessary  to  provide  for  such
    51  payments.
    52    §  2.  This  act  shall take effect immediately and shall apply to the
    53  standard medicare premium amount on and after April 1, 2020.

    54                                   PART V

        S. 7505                            39                            A. 9505

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

        S. 7505                            40                            A. 9505

     1  service, the state shall pay thirty-nine percent of the cost of  premium
     2  or  subscription  charges for the coverage of dependents of such retired
     3  state employees; such contribution shall increase by two percent of  the
     4  cost  of  premium  or  subscription  charges for each year of service in
     5  excess of ten years, to a maximum of fifty-seven percent of the cost  of
     6  premium or subscription charges for such dependents. For state employees
     7  who  retire  from  a  position at or equated to grade nine or lower with
     8  twenty or more years of service, the state shall pay sixty-three percent
     9  of the cost of premium or  subscription  charges  for  the  coverage  of
    10  dependents  of  such  retired  state  employees; such contribution shall
    11  increase by one percent of the cost of premium or  subscription  charges
    12  for  each  year  of  service  in excess of twenty years, to a maximum of
    13  seventy-three percent of the cost of premium or subscription charges for
    14  such dependents.
    15    (e) With respect to all such retired state employees,  each  increment
    16  of one or two percent of the cost of premium or subscription charges for
    17  each  year  of service shall be applicable for whole years of service to
    18  the state and shall not be applied on a pro-rata basis for partial years
    19  of service.
    20    (f) The provisions of this subdivision shall not be applicable to:
    21    (1) Members of the New York state and local police and fire retirement
    22  system;
    23    (2) Members in the  uniformed  personnel  in  institutions  under  the
    24  jurisdiction of the state department of corrections and community super-
    25  vision  or who are security hospital treatment assistants, as defined in
    26  section eighty-nine of the retirement and social security law; and
    27    (3) Any state employee determined to have retired  with  an  ordinary,
    28  accidental, or performance of duty disability retirement benefit.
    29    (g)   For   the  purposes  of  determining  the  cost  of  premium  or
    30  subscription charges to be paid by the state on behalf of retired  state
    31  employees  enrolled  in  the New York state health insurance program who
    32  are hired on or after October first,  two  thousand  twenty,  the  state
    33  shall  consider  all  years of service that a retired state employee has
    34  accrued in a public retirement  system  of  the  state  or  an  optional
    35  retirement  program  established  pursuant to article three, eight-B, or
    36  one hundred twenty-five-A of the education law. The provisions  of  this
    37  paragraph  may not be used to grant eligibility for retiree state health
    38  insurance coverage to a retiree who is not otherwise eligible to  enroll
    39  in the New York state health insurance program as a retiree.
    40    § 2. This act shall take effect October 1, 2020.

    41                                   PART W

    42    Section  1.  Paragraph  (h)  of  subdivision 1 of section 209-a of the
    43  civil service law, as amended by section 1 of part E of  chapter  55  of
    44  the laws of 2019, is amended to read as follows:
    45    (h)  to  disclose home addresses, personal telephone numbers, personal
    46  cell phone numbers, personal e-mail addresses of a public  employee,  as
    47  the  term  "public  employee" is defined in subdivision seven of section
    48  two hundred one of this article, except (i) where required  pursuant  to
    49  the provisions of this article, [and] (ii) to the extent compelled to do
    50  so  by  lawful  service  of  process, subpoena, court order, or (iii) in
    51  accordance with subdivision four of section two hundred  eight  of  this
    52  article,  or  as  otherwise  required  by  law. This paragraph shall not
    53  prohibit other provisions of law regarding work-related, publicly avail-
    54  able information such as title, salary, and dates of employment.

        S. 7505                            41                            A. 9505

     1    § 2. Paragraph (b) of subdivision  4  of  section  208  of  the  civil
     2  service law, as added by section 1 of part RRR of chapter 59 of the laws
     3  of 2018, is amended and a new paragraph (c) is added to read as follows:
     4    (b)  Within thirty days of providing the notice in paragraph a of this
     5  subdivision, a public employer shall allow a  duly  appointed  represen-
     6  tative of the employee organization that represents that bargaining unit
     7  to meet with such employee for a reasonable amount of time during his or
     8  her  work  time without charge to leave credits, unless otherwise speci-
     9  fied within an agreement bargained collectively under  article  fourteen
    10  of  the  civil  service law, provided however that arrangements for such
    11  meeting must be scheduled in consultation with  a  designated  represen-
    12  tative of the public employer[.]; and
    13    (c)  Upon  the request of the certified and recognized employee organ-
    14  ization, and if the public employer conducts new employee  orientations,
    15  the  public  employer  shall provide the employee organization mandatory
    16  access to such new  employee  orientations.  The  employee  organization
    17  shall  receive  not  less  than ten days' notice in advance of an orien-
    18  tation, except that a shorter notice  may  be  provided  in  a  specific
    19  instance  where there is an urgent need critical to the employer's oper-
    20  ations that was not reasonably foreseeable to provide such  notice.  The
    21  structure,  time, and manner of exclusive representative access shall be
    22  determined through mutual agreement between the employer and the employ-
    23  ee organization.
    24    § 3. Section 215 of the civil service law, as added by  section  1  of
    25  part  DD  of  chapter  56  of  the  laws  of 2019, is amended to read as
    26  follows:
    27    § 215. [Agency] Dues or agency shop fee deductions. 1. Notwithstanding
    28  any other law to the contrary, any public employer, any employee  organ-
    29  ization,  the  comptroller  and  the board, or any of their employees or
    30  agents, shall not be liable for, and shall have a complete  defense  to,
    31  any  claims  or  actions  under  the  laws  of this state for requiring,
    32  deducting, receiving, or retaining dues or agency  shop  fee  deductions
    33  from  public employees, and current or former public employees shall not
    34  have standing to pursue these claims or actions, if  the  dues  or  fees
    35  were permitted or mandated at the time under the laws of this state then
    36  in force and paid, through payroll deduction or otherwise, prior to June
    37  twenty-seventh, two thousand eighteen.
    38    2.  This section shall apply to claims and actions pending or filed on
    39  or after June twenty-seventh, two thousand eighteen.
    40    3. The enactment of this section shall not be  interpreted  to  create
    41  the  inference  that  any  relief made unavailable by this section would
    42  otherwise be available.
    43    § 4. This act shall take effect immediately.

    44                                   PART X

    45    Section 1. Section 103 of the  state  technology  law  is  amended  by
    46  adding a new subdivision 22 to read as follows:
    47    22.  To  issue  procurements for technology, as defined in section one
    48  hundred one of this article, in the manner as prescribed in this  subdi-
    49  vision.
    50    (a)  Notwithstanding  section  one  hundred  sixty-three  of the state
    51  finance law, or any other provision of law to the contrary,  the  office
    52  may  issue  solicitations for comprehensive technology service contracts
    53  and may award comprehensive technology service contracts for  technology
    54  as  prescribed  in  this subdivision. A comprehensive technology service

        S. 7505                            42                            A. 9505

     1  contract shall mean any contract for both the design and  build  of  any
     2  technology  by a single entity or multiple entities acting as one, which
     3  may include any and all technology as defined in this article and  shall
     4  result in a complete and operable system delivered to the state.
     5    (b)  For  all  procurements  conducted  pursuant  to this section, the
     6  office shall advertise in the contract reporter and on  the  website  of
     7  the  office  for  no  less  than  fifteen  business  days, a request for
     8  proposals which shall include a detailed description of the work  to  be
     9  performed, any minimum and mandatory qualifications, a brief description
    10  of  how  the  proposals  will be scored, and any other criteria that the
    11  office deems necessary and appropriate. Scoring criteria shall be draft-
    12  ed and sealed by the office prior to the opening of any bids. Such scor-
    13  ing criteria shall be objective to  the  extent  practicable  and  shall
    14  include  cost.  If  the  winning  proposal scores less than five percent
    15  higher than the penultimate proposal, the office shall be  empowered  to
    16  request such two bidders to re-submit their cost proposals with the same
    17  or  lower  cost within ten business days' notice, which the office shall
    18  then evaluate based on the original sealed scoring  criteria  for  final
    19  award.
    20    (c)  The  office  shall  include in every contract awarded pursuant to
    21  this section a clause which limits the ability of any cost  increase  of
    22  the  contract  to  no more than ten percent of the original bid price of
    23  the contractor. Any request for an increase in contract price  shall  be
    24  subject  to  approval  of the director of the division of the budget and
    25  the office of the state comptroller. Such clause shall also specify that
    26  if the vendor refuses to complete the contract according to the specific
    27  terms of the contract as solely  determined  by  the  state  and  unless
    28  otherwise  agreed  to  in  writing by the state, the contractor shall be
    29  liable for return of all monies paid by the state to the contractor as a
    30  result of the subject contract, documented state out of pocket  expenses
    31  up  to the time of termination of the contract for work performed by the
    32  state in furtherance of the goals of the contract,  and  any  documented
    33  cover  costs which the state incurs as a result of re-procurement of the
    34  contract, regardless of fault. The state shall also retain all title and
    35  interest in any custom-built work product delivered to the state  up  to
    36  and  including  the time of termination, regardless of payment or refund
    37  of associated monies to or by the state.
    38    (d) All terms used in this section shall have the same meaning  other-
    39  wise  prescribed  in  this chapter or in articles eleven and nine of the
    40  state finance  law,  except  for  those  specifically  defined  in  this
    41  section.
    42    §  2.  Subdivisions 3 and 4 of section 163-a of the state finance law,
    43  subdivision 3 as added by chapter 430 of the laws of 1997  and  subdivi-
    44  sion  4  as amended by section 10 of part O of chapter 55 of the laws of
    45  2012, are amended and a new subdivision 5 is added to read as follows:
    46    3. A vendor has furnished  at  government  request  specifications  or
    47  information regarding a product or service they provide, but such vendor
    48  has not been directly requested to write specifications for such product
    49  or service or an agency technology procurement proposal; [or]
    50    4. The [state agency together with] director of the office of informa-
    51  tion  technology  services,  upon  request by a state agency, determines
    52  that the restriction is not in the best interest  of  the  state[.  Such
    53  office  shall  notify each member of the advisory council established in
    54  article one of the state technology law of  any  such  waiver  of  these
    55  restrictions.]; or

        S. 7505                            43                            A. 9505

     1    5. For the office of information technology services, the restrictions
     2  contained  within  this  section  shall not apply to procurements issued
     3  pursuant to section one hundred three of the state technology law.
     4    § 3. This act shall take effect immediately.

     5                                   PART Y

     6    Section  1. Subdivision 10 of section 160 of the state finance law, as
     7  added by chapter 83 of the laws of 1995, is amended to read as follows:
     8    10. "Technology" means either a good or a  service  or  a  combination
     9  thereof,  [that  results  in a technical method of achieving a practical
    10  purpose or in improvements in productivity] used in the  application  of
    11  any  computer or electronic information or interconnected system that is
    12  used in the acquisition, storage,  manipulation,  management,  movement,
    13  control,  display, switching, interchange, transmission, or reception of
    14  data or voice including, but not limited to, hardware, software,  infor-
    15  mation  appliances,  firmware,  programs, systems, networks, infrastruc-
    16  ture, media, and related material used to  automatically  and  electron-
    17  ically  collect,  receive,  access,  transmit,  display,  store, record,
    18  retrieve, analyze,  evaluate,  process,  classify,  manipulate,  manage,
    19  assimilate,  control,  communicate,  exchange, convert, coverage, inter-
    20  face, switch, or disseminate data of any kind or form, and shall include
    21  all  associated  consulting,  management,  facilities,  maintenance  and
    22  training. Goods may be either new or used.
    23    §  2.  Subdivision  5  of  section 101 of the state technology law, as
    24  added by chapter 430 of the laws of 1997 and as  renumbered  by  chapter
    25  437 of the laws of 2004, is amended to read as follows:
    26    5.  "Technology"  means  [a  good,  service,  or good and service that
    27  results in a digital, electronic or similar technical method of  achiev-
    28  ing  a  practical  purpose or in improvements in productivity, including
    29  but not limited to information management, equipment, software,  operat-
    30  ing  systems,  interface  systems,  interconnected systems, telecommuni-
    31  cations, data management, networks, and network management,  consulting,
    32  supplies,  facilities,  maintenance  and  training]  either  a good or a
    33  service or a combination thereof, used in the application of any comput-
    34  er or electronic information or interconnected system that  is  used  in
    35  the  acquisition,  storage, manipulation, management, movement, control,
    36  display, switching, interchange, transmission, or reception of  data  or
    37  voice  including,  but  not  limited to, hardware, software, information
    38  appliances,  firmware,  programs,  systems,  networks,   infrastructure,
    39  media,  and  related  material  used to automatically and electronically
    40  collect, receive, access, transmit, display,  store,  record,  retrieve,
    41  analyze,  evaluate,  process,  classify, manipulate, manage, assimilate,
    42  control, communicate, exchange, convert, coverage, interface, switch, or
    43  disseminate data of any kind or form, and shall include  all  associated
    44  consulting,  management,  facilities, maintenance, support and training.
    45  Goods may be either new or used.
    46    § 3. This act shall take effect immediately.

    47                                   PART Z

    48    Section 1. Section 1 of part S of chapter 56  of  the  laws  of  2010,
    49  relating  to  establishing  a  joint  appointing authority for the state
    50  financial system project, is amended to read as follows:
    51    Section 1. The division of the budget and office of  the  state  comp-
    52  troller  may  dedicate such officers and employees as may be needed to a

        S. 7505                            44                            A. 9505

     1  joint project, which shall be known as the [state]  statewide  financial
     2  system  project,  and  which  shall  be responsible for the development,
     3  implementation and maintenance of a single, statewide financial  manage-
     4  ment system for use by the office of the state comptroller and all agen-
     5  cies. The division of the budget and the office of the state comptroller
     6  shall  serve  jointly  as the appointing authority for all titles within
     7  the project, and shall jointly  appoint  a  project  [manager]  director
     8  therefor.  For  purposes  of  appointment  and promotion under the civil
     9  service law, the [state] statewide financial  system  project  shall  be
    10  treated as if it were a single department.  For the purposes of procure-
    11  ment  and  contracting  pursuant to the state finance law, the statewide
    12  financial system project  shall  be  treated  as  a  single  department,
    13  provided that all procurements and contracts issued and agreed to by the
    14  statewide  financial  system project shall be subject to the approval of
    15  the division of the budget and the office of the state comptroller.
    16    § 2. This act shall take effect immediately.

    17                                   PART AA

    18    Section 1. Subdivision 12 of section 3 of the public buildings law, as
    19  amended by section 48 of part T of chapter 57 of the laws  of  2007,  is
    20  amended to read as follows:
    21    12. Lease from time to time buildings, rooms or premises in the county
    22  of  Albany,  and  elsewhere as required, for providing space for depart-
    23  ments, commissions, boards and officers of the  state  government,  upon
    24  such  terms  and  conditions as he or she deems most advantageous to the
    25  state. Any such lease shall, however, be for a term not exceeding  [ten]
    26  fifteen  years, but may provide for optional renewals on the part of the
    27  state, for terms of [ten] fifteen years or less. Each such  lease  shall
    28  contain a clause stating that the contract of the state thereunder shall
    29  be  deemed executory only to the extent of moneys available therefor and
    30  that no liability shall be incurred by the state beyond the money avail-
    31  able for such purpose. Notwithstanding the provisions of any other  law,
    32  except section sixteen hundred seventy-six of the public authorities law
    33  relating  to  use  of  dormitory  authority  facilities by the aged, the
    34  commissioner of general services shall have sole and exclusive authority
    35  to lease space for state departments, agencies, commissions, boards  and
    36  officers  within the county of Albany. Any buildings, rooms or premises,
    37  now or hereafter held by the  commissioner  of  general  services  under
    38  lease, may be sublet, in part or in whole, provided that in the judgment
    39  of  the  commissioner,  and the occupying department, commission, board,
    40  and officers of the state government, such buildings, rooms or  premises
    41  are not for a time needed. Notwithstanding any other provision of law to
    42  the  contrary,  if bonds or notes are issued pursuant to section sixteen
    43  hundred eighty-n of the  public  authorities  law  for  the  purpose  of
    44  acquiring a building or other facility previously financed by a lease or
    45  lease-purchase  obligation  as authorized herein, the state agency which
    46  is the tenant in occupancy shall be authorized to remit tax payments  or
    47  payments  in  lieu  of  thereof to the appropriate taxing authority in a
    48  manner consistent with  the  process  and  term  established  under  the
    49  original  lease  or lease-purchase for the subject property for a period
    50  coincident with the term of the lease as established at the commencement
    51  of the term thereof. The state may  undertake  a  certiorari  review  of
    52  assessments that may be imposed from time to time.

        S. 7505                            45                            A. 9505

     1    §  2.  This act shall take effect on the same date as the reversion of
     2  subdivision 12 of section 3 of the public buildings law as  provided  in
     3  section 27 of chapter 95 of the laws of 2000, as amended.

     4                                   PART BB

     5    Section 1. Section 139-l of the state finance law, as added by section
     6  1  of subpart A of part KK of chapter 57 of the laws of 2018, is amended
     7  to read as follows:
     8    § 139-l. Statement on sexual harassment and reports on sexual  harass-
     9  ment,  in  bids.  1.  (a)  Every  bid hereafter made to the state or any
    10  public department  or  agency  thereof,  where  competitive  bidding  is
    11  required  by statute, rule or regulation, for work or services performed
    12  or to be performed or goods sold  or  to  be  sold,  shall  contain  the
    13  following statement subscribed by the bidder and affirmed by such bidder
    14  as true under the penalty of perjury:
    15  "By  submission  of  this  bid,  each  bidder and each person signing on
    16  behalf of any bidder certifies, and in the case  of  a  joint  bid  each
    17  party  thereto  certifies  as  to its own organization, under penalty of
    18  perjury, that the bidder  has  and  has  implemented  a  written  policy
    19  addressing  sexual  harassment  prevention in the workplace and provides
    20  annual sexual harassment prevention training to all  of  its  employees.
    21  Such  policy  shall,  at a minimum, meet the requirements of section two
    22  hundred one-g of the labor law."
    23    (b) Every bid hereafter made to the state or any public department  or
    24  agency  thereof,  where  competitive bidding is not required by statute,
    25  rule or regulation, for work or services performed or to be performed or
    26  goods sold or to be sold, may contain, at the discretion of the  depart-
    27  ment,  agency  or official, the certification required pursuant to para-
    28  graph (a) of this subdivision.
    29    2. (a) Every bid hereafter made to the state or any public  department
    30  or  agency  thereof,  where  competitive bidding is required by statute,
    31  rule or regulation, for work or services performed or to be performed or
    32  goods sold or to be sold, shall include a report listing (i) the name of
    33  the bidder; (ii) the total number of adverse judgments or administrative
    34  rulings arising from allegations of sexual harassment during the preced-
    35  ing year; (iii) total number of employees; (iv)  whether  any  equitable
    36  relief  was ordered against the bidder in any adverse judgment or admin-
    37  istrative ruling; (v) the total number of settlements,  defined  as  any
    38  written  commitment or written agreement, including any agreed judgment,
    39  stipulation, decree, agreement to settle, assurance  of  discontinuance,
    40  or  otherwise  between  an employee or a nonemployee and a bidder, under
    41  which the bidder  directly  or  indirectly  provides  to  an  individual
    42  compensation  or other consideration due to an allegation that the indi-
    43  vidual has been a victim of sexual harassment,  that  has  been  entered
    44  into  during the preceding year that relate to any alleged act of sexual
    45  harassment that occurred in the workplace of the bidder;  and  (vi)  the
    46  total  number  of settlements entered into during the previous year that
    47  relate to any alleged act of sexual harassment committed by a  corporate
    48  executive  without regard to whether that behavior occurred in the work-
    49  place of the bidder. The information required by this subdivision  shall
    50  be provided in electronic format in such form as prescribed by the divi-
    51  sion of human rights.
    52    (b) On or before the fifteenth of February of each year, copies of the
    53  reports  required  by  paragraph (a) of this subdivision received in the
    54  previous calendar year shall be transmitted from the contracting  agency

        S. 7505                            46                            A. 9505

     1  to the division of human rights and the office of the state comptroller.
     2  The  office  of  the  state  comptroller  shall prepare an annual report
     3  summarizing such data, which shall be submitted  to  the  governor,  the
     4  temporary  president  of the senate, the speaker of the assembly and the
     5  chairpersons of the senate finance, the assembly ways and means  commit-
     6  tees,  the  attorney general, the commissioner of labor, and the commis-
     7  sioner of the division of human rights by the thirty-first of July  each
     8  year  following  the  effective date of this section.  Such report shall
     9  include the name of the bidder; the total number of adverse judgments or
    10  administrative rulings during the preceding year; the  total  number  of
    11  employees;  whether  any equitable relief was ordered against the bidder
    12  in any adverse judgment or administrative ruling; and the  total  number
    13  of  settlements, as defined in subparagraph (v) of paragraph (a) of this
    14  subdivision, entered into during the preceding year.
    15    [2.] 3. Notwithstanding the foregoing, the statement required by para-
    16  graph (a) of subdivision one of this section and the report required  by
    17  paragraph  (a) of subdivision two of this section may be submitted elec-
    18  tronically in accordance with the provisions  of  subdivision  seven  of
    19  section one hundred sixty-three of this chapter.
    20    [3.] 4. A bid shall not be considered for award nor shall any award be
    21  made  to  a  bidder who has not complied with [subdivision] subdivisions
    22  one and two of this section;  provided,  however,  that  if  the  bidder
    23  cannot  make the foregoing certification, such bidder shall so state and
    24  shall furnish with the bid a signed statement which sets forth in detail
    25  the reasons therefor.
    26    [4.] 5. Any bid hereafter made to the state or any public  department,
    27  agency  or  official thereof, by a corporate bidder for work or services
    28  performed or to be performed or goods sold or to be sold, where such bid
    29  contains the statement required by subdivision one of this  section  and
    30  the  report required by subdivision two of this section, shall be deemed
    31  to have been authorized by the board of directors of  such  bidder,  and
    32  such authorization shall be deemed to include the signing and submission
    33  of  such bid and the inclusion therein of such statement and such report
    34  as the act and deed of the corporation.
    35    § 2. This act shall take effect on the first of July  next  succeeding
    36  the  date  upon  which it shall have become a law and shall apply to all
    37  contracts with the state entered into on and after such effective date.

    38                                   PART CC

    39    Section 1. Subdivision 3 of  section  17  of  the  alcoholic  beverage
    40  control law, as amended by section 8 of chapter 522 of the laws of 2018,
    41  is amended to read as follows:
    42    3. To revoke, cancel or suspend for cause any license or permit issued
    43  under  this  chapter  and/or to impose a civil penalty for cause against
    44  any holder of a license or permit issued pursuant to this  chapter.  Any
    45  civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
    46  dollars as against the holder of any retail permit  issued  pursuant  to
    47  sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
    48  paragraph f of subdivision one of section ninety-nine-b of this chapter,
    49  and as against the holder of  any  retail  license  issued  pursuant  to
    50  sections  fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five, fifty-
    51  five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
    52  sixty-four-c,  seventy-six-f,  seventy-nine, eighty-one and eighty-one-a
    53  of this chapter, and as against the holder of any license issued  pursu-
    54  ant  to  section  forty  of this chapter, and the sum of thirty thousand

        S. 7505                            47                            A. 9505

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

        S. 7505                            48                            A. 9505

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

        S. 7505                            49                            A. 9505

     1  authority  shall  require.  Such  application  shall be accompanied by a
     2  check or draft for the amount required  by  this  subdivision  for  such
     3  license.  If the liquor authority shall approve the application it shall
     4  issue  a  license  in such form as shall be determined by its rules. The
     5  annual fee for a higher education institution license shall be two thou-
     6  sand dollars.
     7    2. A licensee under this section shall have the following privileges:
     8    (a) To operate a manufacturing facility or facilities at the  licensed
     9  premises  for the production of mead, beer, cider, liquor, and wine; the
    10  licensee may: (i) sell in bulk such alcoholic beverages  to  any  person
    11  licensed under this chapter to manufacture the class of alcoholic bever-
    12  age  to  be  purchased,  or to a permittee engaged in the manufacture of
    13  products which are unfit for beverage use; (ii)  sell  or  deliver  such
    14  alcoholic beverages to persons outside the state pursuant to the laws of
    15  the place of such delivery;
    16    (b)  To  sell to manufacturers, wholesalers, and retailers licensed or
    17  permitted in this state  any  alcoholic  beverage  manufactured  by  the
    18  licensee  which  that manufacturer, wholesaler or retailer may sell. All
    19  such alcoholic beverages sold by the licensee must be securely sealed in
    20  a container and have attached thereto a label as shall  be  required  by
    21  section one hundred seven-a of this chapter;
    22    (c)  (i) (A) To sell at retail for on and off premises consumption any
    23  alcoholic beverage manufactured by the licensee and any New  York  state
    24  labeled alcoholic beverage provided that for on-premises consumption the
    25  licensee  regularly  keeps  food available such as sandwiches, soups and
    26  other such foods, whether fresh, processed, pre-cooked or frozen, and/or
    27  food items intended to complement the tasting  of  alcoholic  beverages,
    28  which  shall  mean  a  diversified  selection of food that is ordinarily
    29  consumed without the use of tableware and can be  conveniently  consumed
    30  while  standing  or  walking,  including  but  not  limited to: cheeses,
    31  fruits, vegetables, chocolates, breads, mustards and crackers. (B) Sales
    32  made under clause (A) for off-premises consumption may be made  only  to
    33  customers who are physically present upon the licensed premises and such
    34  sale  shall  be  concluded by the customer's taking, with him or her, of
    35  the sealed containers purchased by such customer at the time the custom-
    36  er leaves the licensed premises. Such sales shall not be made where  the
    37  order  is  placed  by  letter,  telephone,  fax,  or email, or where the
    38  customer otherwise does not place the order while the customer is  phys-
    39  ically present upon the licensed premises; (ii) to operate a restaurant,
    40  hotel,  catering establishment, or other food and drinking establishment
    41  at the licensed premises and sell at such place, at retail for  consump-
    42  tion  on the premises, any alcoholic beverage manufactured by the licen-
    43  see and any New York state labeled alcoholic beverage; (iii) to apply to
    44  the authority for a license under this chapter to sell  other  alcoholic
    45  beverages  at  retail  for consumption at the licensed premises.  All of
    46  the provisions of this chapter relative to licenses to sell beer, liquor
    47  or wine at retail for consumption on the premises shall apply as far  as
    48  applicable;  (iv) to sell alcoholic beverages manufactured by the licen-
    49  see at the state fair, recognized county fairs and  at  farmers  markets
    50  operated  on  a  not-for-profit  basis;  (v) to sell alcoholic beverages
    51  produced by the licensee in  bulk  by  the  keg,  cask,  or  barrel  for
    52  consumption and not for resale at a clam-bake, barbeque, picnic or simi-
    53  lar outdoor gathering;
    54    (d)  To manufacture, bottle and sell food condiments and products such
    55  as honey, mustards, sauces, jams,  jellies,  mulling  spices  and  other
    56  alcoholic  beverage  related  foods  in  addition to other such food and

        S. 7505                            50                            A. 9505

     1  crafts on and from the licensed premises. Such license  shall  authorize
     2  the  holder thereof to store and sell gift items in a tax-paid room upon
     3  the licensed premises incidental to the  sale  of  alcoholic  beverages.
     4  These  gift items shall be limited to the following categories: (i) non-
     5  alcoholic beverages for consumption on or off  premises,  including  but
     6  not  limited to bottled water, juice and soda beverages; (ii) food items
     7  for the purpose of complementing alcoholic beverages, which shall mean a
     8  diversified selection of food that is ordinarily  consumed  without  the
     9  use  of  tableware  and  can  be conveniently consumed while standing or
    10  walking. Such food items shall include  but  need  not  be  limited  to:
    11  cheeses,  fruits,  vegetables, chocolates, breads, baked goods, mustards
    12  and crackers; (iii) food items, which  shall  include  locally  produced
    13  farm products and any food or food product not specifically prepared for
    14  immediate consumption upon the premises. Such food items may be combined
    15  into  a  package containing alcoholic beverages; (iv) alcoholic beverage
    16  supplies and accessories, which shall include any item utilized for  the
    17  storage, serving or consumption of alcoholic beverages or for decorative
    18  purposes.  These supplies may be sold as single items or may be combined
    19  into a package containing alcoholic beverages;  (v)  alcoholic  beverage
    20  equipment  and supplies including, but not limited to: honey, home alco-
    21  holic beverage-making kits, pumps, filters, yeasts, chemicals and  other
    22  alcoholic  beverage  additives,  bottling  equipment, bottles, alcoholic
    23  beverage storage and fermenting vessels, barrels,  and  books  or  other
    24  written  material  to  assist  alcoholic  beverage makers to produce and
    25  bottle  alcoholic  beverages;  and  (vi)  souvenir  items,  which  shall
    26  include, but need not be limited to: artwork, crafts, clothing, agricul-
    27  tural  products  and any other articles which can be construed to propa-
    28  gate tourism within the region.
    29    (e) To engage in any other business on the  licensed  premises  as  is
    30  compatible  with  the mission of a college and university and compatible
    31  with the policy and purposes of this chapter  in  consideration  of  the
    32  effect  of  the  particular  businesses on the community and area in the
    33  vicinity of the licensed premises.
    34    (f) Notwithstanding any contrary provision of law or of  any  rule  or
    35  regulation  promulgated  pursuant thereto, and in addition to the activ-
    36  ities which may otherwise be carried out by any  person  licensed  under
    37  this  section,  such  person  may,  on  the  premises designated in such
    38  license:  (i) produce, package, bottle, sell and deliver soft drinks and
    39  other non-alcoholic beverages; (ii) recover carbon  dioxide  and  yeast;
    40  (iii)  store  bottles,  packages and supplies necessary or incidental to
    41  all such  operations;  (iv)  package,  bottle,  sell  and  deliver  wine
    42  products; (v) allow for the premises including space and equipment to be
    43  rented by a licensed tenant alcoholic beverage producer for the purposes
    44  of alternation.
    45    (g)  The  authority is hereby authorized to promulgate rules and regu-
    46  lations to effectuate the provisions of  this  section.  In  prescribing
    47  such  rules  and  regulations, the authority shall promote the expansion
    48  and profitability of alcoholic beverage production and of tourism in New
    49  York, thereby promoting the conservation, production and enhancement  of
    50  New York sate agricultural lands.
    51    3.(a)  Any activities authorized under this section and carried out by
    52  an entity licensed pursuant to this section shall not  be  violative  of
    53  subdivision  one  of  section  one  hundred  one, subdivision sixteen of
    54  section one hundred five, or subdivision thirteen of section one hundred
    55  six of this chapter provided such entity  has  no  interests  direct  or

        S. 7505                            51                            A. 9505

     1  indirect in the manufacture, wholesale, or retail of alcoholic beverages
     2  other than at the licensed premises.
     3    (b)  Provided  however  that if the licensed entity has an interest in
     4  the manufacture or wholesale or alcoholic beverages at another location,
     5  such interest shall be permissible where:  (i)  the  interest  is  total
     6  ownership,  or (ii) where the interest is less than total ownership, and
     7  (A) the manufacturer or wholesaler does  not,  directly  or  indirectly,
     8  exercise  control  over or participate in management of the retail busi-
     9  ness of the licensed entity; (B) the interest does  not  result  in  the
    10  retail  business  of  the licensed entity purchasing alcoholic beverages
    11  from the manufacturer or wholesaler to the exclusion, in whole or  part,
    12  of  alcoholic  beverages  offered  for  sale  by  other persons; (C) the
    13  products and services of the manufacturer or wholesaler are not  offered
    14  discriminatorily  in that they are offered to all retailers in the local
    15  market on the same terms; and (D) the retail business  of  the  licensed
    16  entity  purchases  alcoholic  beverages from a wholesaler licensed under
    17  this chapter without an interest in the retail business of such licensed
    18  entity when purchasing  alcoholic  beverages  not  manufactured  by  the
    19  licensee.
    20    (c)  Provided  further  that if the licensed entity has an interest in
    21  retail sale of alcoholic beverages at another  location,  such  interest
    22  shall be permissible where: (i) the interest is total ownership, or (ii)
    23  where  the  interest  is less than total ownership, and (A) the retailer
    24  does not, directly or indirectly, exercise control over  or  participate
    25  in  management  of  the  manufacturing  or  wholesaling  business of the
    26  licensed entity; (B) the interest does not result in the retail business
    27  of the licensed entity purchasing alcoholic beverages from the  manufac-
    28  turer  or wholesaler to the exclusion, in whole or in part, of alcoholic
    29  beverages offered for sale by other persons;  (C)  the  retail  business
    30  purchases  alcoholic  beverages  from  a  wholesaler licensed under this
    31  chapter without an interest in the retail business when purchasing alco-
    32  holic beverages not manufactures by the licensee.
    33    § 4. Subdivision 1 of section 56-a of the alcoholic  beverage  control
    34  law,  as  amended by chapter 522 of the laws of 2018, is amended to read
    35  as follows:
    36    1. In addition to the annual fees provided for in this chapter,  there
    37  shall  be  paid  to  the  authority  with each initial application for a
    38  license filed pursuant to section thirty, thirty-one, forty,  fifty-one,
    39  fifty-one-a,  fifty-two, fifty-three, fifty-eight, fifty-eight-c, fifty-
    40  eight-d, sixty-one, sixty-two, seventy-six,  seventy-seven  or  seventy-
    41  eight  of  this chapter, a filing fee of four hundred dollars; with each
    42  initial application for a license filed pursuant to section sixty-three,
    43  sixty-four, sixty-four-a or sixty-four-b of this chapter, a  filing  fee
    44  of  two  hundred  dollars;  with  each initial application for a license
    45  filed pursuant to section fifty-three-a, fifty-four, fifty-five,  fifty-
    46  five-a,  seventy-nine,  eighty-one  or  eighty-one-a  of this chapter, a
    47  filing fee of one hundred dollars; with each initial application  for  a
    48  permit  filed  pursuant to section ninety-one, ninety-one-a, ninety-two,
    49  ninety-two-a, ninety-three, ninety-three-a, if  such  permit  is  to  be
    50  issued on a calendar year basis, ninety-four, ninety-five, ninety-six or
    51  ninety-six-a,  or  pursuant to paragraph b, c, e or j of subdivision one
    52  of section ninety-nine-b of this chapter if such permit is to be  issued
    53  on  a calendar year basis, or for an additional bar pursuant to subdivi-
    54  sion four of section one hundred of this chapter, a filing fee of twenty
    55  dollars; and with each application for a permit  under  section  ninety-
    56  three-a  of this chapter, other than a permit to be issued on a calendar

        S. 7505                            52                            A. 9505

     1  year basis, section ninety-seven, ninety-eight, ninety-nine, or  ninety-
     2  nine-b  of  this  chapter,  other than a permit to be issued pursuant to
     3  paragraph b, c, e or j of subdivision one of  section  ninety-nine-b  of
     4  this chapter on a calendar year basis, a filing fee of ten dollars.
     5    §  5.  This  act  shall take effect October 1, 2020, provided that the
     6  amendments to subdivision 3 of section  17  of  the  alcoholic  beverage
     7  control  law  made  by  section  one of this act shall be subject to the
     8  expiration and reversion of such subdivision pursuant to  section  4  of
     9  chapter  118  of  the  laws of 2012, as amended, when upon such date the
    10  provisions of section two of this act shall take effect.

    11                                   PART DD

    12    Section 1. Section 106  of  the  alcoholic  beverage  control  law  is
    13  amended by adding a new subdivision 16 to read as follows:
    14    16.  A person holding a retail on-premises license for a movie theatre
    15  granted pursuant to section sixty-four-a of this chapter shall:
    16    (a) for every purchase of an alcoholic beverage, require the purchaser
    17  to provide written evidence of age as set  forth  in  paragraph  (b)  of
    18  subdivision two of section sixty-five-b of this chapter; and
    19    (b) allow the purchase of only one alcoholic beverage per transaction;
    20  and
    21    (c)  only  permit the sale or delivery of alcoholic beverages directly
    22  to an individual holding a ticket for a motion  picture  with  a  Motion
    23  Picture Association of America rating of "PG-13", "R", or "NC-17"; and
    24    (d)  not commence the sale of alcoholic beverages until one hour prior
    25  to the start of the first motion picture and cease all sales of alcohol-
    26  ic beverages after the conclusion of the final motion picture.
    27    § 2. Subdivision 6 of section 64-a of the alcoholic  beverage  control
    28  law,  as  amended by chapter 475 of the laws of 2011, is amended to read
    29  as follows:
    30    6. No special on-premises license shall be granted except for premises
    31  in which the principal business shall be (a) the sale of food or  bever-
    32  ages at retail for consumption on the premises or (b) the operation of a
    33  legitimate  theatre, including a motion picture theatre that is a build-
    34  ing or facility which is regularly used and kept open primarily for  the
    35  exhibition  of  motion  pictures  for  at least five out of seven days a
    36  week, or on a regular seasonal basis of  no  less  than  six  contiguous
    37  weeks, to the general public where all auditorium seating is permanently
    38  affixed  to  the  floor  and  at  least sixty-five percent of the motion
    39  picture theatre's annual gross revenues is the combined result of admis-
    40  sion revenue for the showing of motion pictures and the sale of food and
    41  non-alcoholic beverages, or such other  lawful  adult  entertainment  or
    42  recreational  facility as the liquor authority, giving due regard to the
    43  convenience of the public and the strict avoidance of  sales  prohibited
    44  by  this chapter, shall by regulation classify for eligibility. [Nothing
    45  contained in this subdivision shall be deemed to authorize the  issuance
    46  of a license to a motion picture theatre, except those meeting the defi-
    47  nition of restaurant and meals, and where all seating is at tables where
    48  meals are served.]
    49    §  3.  Subdivision 8 of section 64-a of the alcoholic beverage control
    50  law, as added by chapter 531 of the laws of 1964, is amended to read  as
    51  follows:
    52    8. Every special on-premises licensee shall regularly keep food avail-
    53  able  for  sale  to  its  customers for consumption on the premises. The
    54  availability of sandwiches, soups or other foods, whether  fresh,  proc-

        S. 7505                            53                            A. 9505

     1  essed,  pre-cooked  or  frozen,  shall  be  deemed  compliance with this
     2  requirement. For motion picture theatres licensed under paragraph (b) of
     3  subdivision six of this section, food  that  is  typically  found  in  a
     4  motion  picture  theatre,  including but not limited to: popcorn, candy,
     5  and light snacks, shall be deemed to be in compliance with this require-
     6  ment. The licensed premises shall comply at all times with all the regu-
     7  lations of the local department of health.  Nothing  contained  in  this
     8  subdivision,  however,  shall  be  construed to require that any food be
     9  sold or purchased with any liquor, nor shall  any  rule,  regulation  or
    10  standard  be  promulgated or enforced requiring that the sale of food be
    11  substantial or that the receipts of the business  other  than  from  the
    12  sale  of  liquor  equal  any set percentage of total receipts from sales
    13  made therein.
    14    § 4. Subdivision 9 of section 64-a of the alcoholic  beverage  control
    15  law  is  renumbered  subdivision  10 and a new subdivision 9 is added to
    16  read as follows:
    17    9. In the case of a motion picture  theatre  applying  for  a  license
    18  under  this  section,  any  municipality  required  to be notified under
    19  section one hundred ten-b of this chapter may express  an  opinion  with
    20  respect  to whether the application should be approved, and such opinion
    21  may be considered in determining whether good cause exists to  deny  any
    22  such application.
    23    § 5. This act shall take effect immediately.

    24                                   PART EE

    25    Section  1.  Subdivision  1  of  section 101 of the alcoholic beverage
    26  control law is amended by adding  a  new  paragraph  (a-1)  to  read  as
    27  follows:
    28    (a-1) Notwithstanding the provisions of paragraph (a) of this subdivi-
    29  sion,  it  shall  be  lawful  for  a manufacturer or wholesaler to hold,
    30  directly or indirectly, an interest in a premises  licensed  under  this
    31  chapter where alcoholic beverages are sold at retail, provided that:
    32    (i)  the  manufacturer or wholesaler does not, directly or indirectly,
    33  exercise control over or participate in the management of the retailer's
    34  business or business decisions;
    35    (ii) the interest does not result in the retailer purchasing alcoholic
    36  beverages from the manufacturer or wholesaler to the exclusion, in whole
    37  or in part, of alcoholic beverages offered for sale by other persons;
    38    (iii) the products and services of the manufacturer or wholesaler  are
    39  not  offered  discriminatorily in that they are offered to all retailers
    40  in the local market on the same terms; and
    41    (iv) the retailer purchases  alcoholic  beverages  from  a  wholesaler
    42  licensed under this chapter without an interest in the retailer.
    43    §  2.  Subdivision  1 of section 101 of the alcoholic beverage control
    44  law is amended by adding a new paragraph (a-2) to read as follows:
    45    (a-2) The provisions of paragraphs (a) and (a-1) of  this  subdivision
    46  shall  not apply to a manufacturer or wholesaler with complete ownership
    47  of a premises where alcoholic beverages are sold at retail.
    48    § 3. Subdivision 1 of section 101 of the  alcoholic  beverage  control
    49  law is amended by adding a new paragraph (c-1) to read as follows:
    50    (c-1)  The  direct  or  indirect  operation and management of a retail
    51  premises licensed under this chapter by  a  manufacturer  or  wholesaler
    52  with complete ownership of the premises shall not constitute a prohibit-
    53  ed gift or service.

        S. 7505                            54                            A. 9505

     1    §  4.  Section 105 of the alcoholic beverage control law is amended by
     2  adding a new subdivision 16-a to read as follows:
     3    16-a.  Notwithstanding  the  provisions of subdivision sixteen of this
     4  section, it shall be lawful  for  a  retail  licensee  for  off-premises
     5  consumption  to  hold, directly or indirectly, an interest in a manufac-
     6  turer or wholesaler, provided that:
     7    (a) the retail licensee does not exercise, direct or indirect, control
     8  over or participate in the management  of  the  manufacturer  or  whole-
     9  saler's business or business decisions;
    10    (b)  the  interest  does  not  result  in  the retailer purchasing the
    11  manufacturer or wholesaler's alcoholic beverages to  the  exclusion,  in
    12  whole  or  in  part,  of  alcoholic  beverages offered for sale by other
    13  persons; and
    14    (c) the retail licensee  purchases  its  alcoholic  beverages  from  a
    15  wholesaler licensed under this chapter that the retail licensee does not
    16  hold an interest in.
    17    §  5.  Section 105 of the alcoholic beverage control law is amended by
    18  adding a new subdivision 16-b to read as follows:
    19    16-b. The provisions of subdivisions sixteen  and  sixteen-a  of  this
    20  section  shall  not apply to a retail licensee for off-premises consump-
    21  tion with complete ownership of a manufacturer or wholesaler.
    22    § 6. Section 106 of the alcoholic beverage control law is  amended  by
    23  adding a new subdivision 13-a to read as follows:
    24    13-a.  Notwithstanding  the provisions of subdivision thirteen of this
    25  section, it shall be  lawful  for  a  retail  licensee  for  on-premises
    26  consumption  to  hold, directly or indirectly, an interest in a manufac-
    27  turer or wholesaler licensed under this chapter, provided that:
    28    (a) the retail licensee does not exercise, direct or indirect, control
    29  over or participate in the management  of  the  manufacturer  or  whole-
    30  saler's business or business decisions;
    31    (b)  the  interest  does  not  result  in  the retailer purchasing the
    32  manufacturer or wholesaler's alcoholic beverages to  the  exclusion,  in
    33  whole  or  in  part,  of  alcoholic  beverages offered for sale by other
    34  persons; and
    35    (c) the retail licensee  purchases  its  alcoholic  beverages  from  a
    36  wholesaler licensed under this chapter that the retail licensee does not
    37  hold an interest in.
    38    §  7.  Section 106 of the alcoholic beverage control law is amended by
    39  adding a new subdivision 13-b to read as follows:
    40    13-b. The provisions of paragraph a of subdivision thirteen and subdi-
    41  vision thirteen-a shall not apply to a retail licensee  for  on-premises
    42  consumption with complete ownership of a manufacturer or wholesaler.
    43    § 8. This act shall take effect immediately.

    44                                   PART FF

    45    Section  1. Paragraph (b) of subdivision 5 of section 106 of the alco-
    46  holic beverage control law, as amended by chapter  83  of  the  laws  of
    47  1995, is amended to read as follows:
    48    (b)  On  any other day between four ante meridiem and eight ante meri-
    49  diem; provided, however, for a premises located within an  international
    50  airport  owned  or  operated  by  the Port Authority of New York and New
    51  Jersey, on any other day between three ante meridiem and six ante  meri-
    52  diem;  provided further that such hours for a premises located within an
    53  international airport owned or operated by the  Port  Authority  of  New

        S. 7505                            55                            A. 9505

     1  York  and New Jersey shall not be subject to change pursuant to subdivi-
     2  sion eleven of section seventeen of this chapter.
     3    § 2. This act shall take effect immediately.

     4                                   PART GG

     5    Section  1.  The  section  heading  and  subdivisions 1, 2, 3 and 7 of
     6  section 87 of the workers' compensation law,  the  section  heading  and
     7  subdivision 1 as amended and subdivisions 2, 3 and 7 as added by section
     8  20  of part GG of chapter 57 of the laws of 2013, are amended to read as
     9  follows:
    10    [Investment of surplus or reserve] Investments.  1. Any of the reserve
    11  funds belonging to the state insurance fund, by order of the commission-
    12  ers, approved by  the  superintendent  of  financial  services,  may  be
    13  invested in the types of [securities] investments described in [subdivi-
    14  sions  one, two, three, four, five, six, eleven, twelve, twelve-a, thir-
    15  teen, fourteen, fifteen,  nineteen,  twenty,  twenty-one,  twenty-one-a,
    16  twenty-four, twenty-four-a, twenty-four-b, twenty-four-c and twenty-five
    17  of  section  two hundred thirty-five of the banking law or in paragraph]
    18  paragraphs one through four of subsection (b) of  section  one  thousand
    19  four  hundred  two  of the insurance law and paragraphs one, two, three,
    20  four, five, six, seven, and eleven of  subsection  (a)  of  section  one
    21  thousand four hundred four of the insurance law except that a minimum of
    22  [up  to]  five  percent of such reserve funds [may] shall be invested in
    23  the types  of  securities  [of  any  solvent  American  institution  as]
    24  described  in  [such paragraph irrespective of the rating of such insti-
    25  tution's obligations or other similar  qualitative  standards  described
    26  therein]  paragraphs  one  through four of subsection (b) of section one
    27  thousand four hundred two of the insurance law.
    28    2. Any [of the surplus] funds belonging to the  state  insurance  fund
    29  exceeding  seventy  percent  of  the  aggregate  of  loss reserves, loss
    30  expense reserves, and unearned premium reserves, by order of the commis-
    31  sioners, approved by the superintendent of financial  services,  may  be
    32  invested in the types of [securities described in subdivisions one, two,
    33  three,  four,  five,  six, eleven, twelve, twelve-a, thirteen, fourteen,
    34  fifteen, nineteen, twenty, twenty-one, twenty-one-a, twenty-four,  twen-
    35  ty-four-a,  twenty-four-b,  twenty-four-c and twenty-five of section two
    36  hundred thirty-five of the banking  law  or,  up  to  fifty  percent  of
    37  surplus  funds,  in the types of securities or] investments described in
    38  [paragraphs two, three, eight and ten of] paragraphs one through four of
    39  subsection (b) of section one thousand four hundred two of the insurance
    40  law and subsection (a) of section one thousand four hundred four of  the
    41  insurance  law,  [except  that up to ten percent of surplus funds may be
    42  invested in the  securities  of  any  solvent  American  institution  as
    43  described  in  such paragraphs irrespective of the rating of such insti-
    44  tution's obligations or other similar  qualitative  standards  described
    45  therein,]  but  such investments shall not be subject to the qualitative
    46  standards or quantitative limitations which are set forth  with  respect
    47  to  any  investment  permitted  by  such  subsection  and, up to fifteen
    48  percent of [surplus] such funds, in [securities or] investments which do
    49  not otherwise qualify for investment under this section as shall be made
    50  with the care, prudence  and  diligence  under  the  circumstances  then
    51  prevailing  that a prudent person acting in a like capacity and familiar
    52  with such matters would use in the conduct of an enterprise  of  a  like
    53  character  and  with  like aims as provided for the state insurance fund
    54  under this article, but shall not include any direct derivative  instru-

        S. 7505                            56                            A. 9505

     1  ment  or  derivative transaction except for hedging purposes.  [Notwith-
     2  standing any other provision in this subdivision, the  aggregate  amount
     3  that  the  state insurance fund may invest in the types of securities or
     4  investments  described  in paragraphs three, eight and ten of subsection
     5  (a) of section one thousand four hundred four of the insurance  law  and
     6  as  a  prudent person acting in a like capacity would invest as provided
     7  in this subdivision shall not  exceed  fifty  percent  of  such  surplus
     8  funds.]
     9    3. Any [of the surplus or reserve] funds belonging to the state insur-
    10  ance  fund,  upon  like  approval  of  the  superintendent  of financial
    11  services, may be loaned on  the  pledge  of  any  such  securities.  The
    12  commissioners,  upon  like  approval  of the superintendent of financial
    13  services, may also sell any of such securities or investments.
    14    7. Notwithstanding any provision in this  section,  the  [surplus  and
    15  reserve]  funds of the state insurance fund shall not be invested in any
    16  investment that has  been  found  by  the  superintendent  of  financial
    17  services  to be against public policy or in any investment prohibited by
    18  the provisions of [paragraph six of subsection (a) of section one  thou-
    19  sand  four  hundred  four  of the insurance law or by the provisions of]
    20  paragraph one, two, three, four, six,  seven,  eight,  nine  or  ten  of
    21  subsection  (a) of section one thousand four hundred seven of the insur-
    22  ance law or in excess of any  limitation  provided  under  sections  one
    23  thousand  four  hundred  eight and one thousand four hundred nine of the
    24  insurance law.
    25    § 2. This act shall take effect July 1, 2020;  provided,  however,  if
    26  this  act  shall become a law after such date it shall take effect imme-
    27  diately and shall be deemed to have been in full force and effect on and
    28  after July 1, 2020.

    29                                   PART HH

    30    Section 1. Paragraph (a) of subdivision 5 of section 54 of  the  work-
    31  ers' compensation law, as amended by chapter 469 of the laws of 2017, is
    32  amended to read as follows:
    33    (a)  Cancellation  and termination of insurance contracts. No contract
    34  of insurance issued by an insurance carrier  against  liability  arising
    35  under  this  chapter  shall be cancelled within the time limited in such
    36  contract for its expiration unless notice is given as required  by  this
    37  section. When cancellation is due to non-payment of premiums and assess-
    38  ments,  such cancellation shall not be effective until at least ten days
    39  after a notice of cancellation of such contract, on a date specified  in
    40  such  notice,  shall be filed in the office of the chair and also served
    41  on the employer. When cancellation is due to any reason other than  non-
    42  payment  of  premiums  and  assessments,  such cancellation shall not be
    43  effective until at least thirty days after a notice of  cancellation  of
    44  such contract, on a date specified in such notice, shall be filed in the
    45  office  of the chair and also served on the employer; provided, however,
    46  in either case, that if the employer has secured insurance with  another
    47  insurance carrier which becomes effective prior to the expiration of the
    48  time  stated  in  such notice, the cancellation shall be effective as of
    49  the date of such other coverage. No insurer shall refuse  to  renew  any
    50  policy  insuring  against liability arising under this chapter unless at
    51  least thirty days prior to its expiration notice  of  intention  not  to
    52  renew  has  been filed in the office of the chair and also served on the
    53  employer.

        S. 7505                            57                            A. 9505

     1    Such notice shall be served on the employer by delivering it  to  him,
     2  her  or  it or by sending it by mail, by certified or registered letter,
     3  return receipt requested, addressed to the employer at his, her  or  its
     4  last  known place of business; provided that, if the employer be a part-
     5  nership, then such notice may be so given to any of one of the partners,
     6  and if the employer be a corporation then the notice may be given to any
     7  agent  or  officer  of  the  corporation  upon whom legal process may be
     8  served; and further provided that an employer may designate  any  person
     9  or  entity  at  any  address to receive such notice including the desig-
    10  nation of one person or entity to receive notice on behalf  of  multiple
    11  entities  insured  under one insurance policy and that service of notice
    12  at the address so designated upon the person or entity so designated  by
    13  delivery  or  by mail, by certified or registered letter, return receipt
    14  requested,  shall  satisfy  the  notice  requirement  of  this  section.
    15  [Provided, however, the] The right to cancellation of a policy of insur-
    16  ance  in  the state insurance fund, however, shall be exercised only for
    17  non-payment of premiums and assessments, or failure by the  employer  to
    18  cooperate with a payroll audit, or as provided in section ninety-four of
    19  this  chapter.    The  state  insurance fund may cancel a policy for the
    20  employer's failure to cooperate with a payroll  audit  if  the  employer
    21  fails  (i) either to make or keep an appointment during regular business
    22  hours with a payroll auditor, after the state insurance fund has made at
    23  least two attempts to arrange an appointment  including  contacting  the
    24  employer's  broker  or  accountant,  if any, or (ii) to furnish business
    25  records in the course  of  a  payroll  audit  as  required  pursuant  to
    26  sections  ninety-five  and  one  hundred  thirty-one of this chapter. At
    27  least fifteen days in advance of sending a notice  of  cancellation  for
    28  failure  to  cooperate  with  a  payroll audit, the state insurance fund
    29  shall send a warning notice to  the  employer  in  the  same  manner  as
    30  provided  in this subdivision for serving a notice of cancellation. Such
    31  notice shall specify a means of contacting the state insurance  fund  to
    32  set  up  an audit appointment. The state insurance fund will be required
    33  to provide only one such warning notice to an employer  related  to  any
    34  particular payroll audit prior to cancellation.
    35    The  provisions  of  this  subdivision shall not apply with respect to
    36  policies containing coverage pursuant to subsection (j) of section three
    37  thousand four hundred twenty of the  insurance  law  relating  to  every
    38  policy  providing  comprehensive  personal liability insurance on a one,
    39  two, three or four family owner-occupied dwelling.
    40    In the event such cancellation or termination notice is not filed with
    41  the chair within the required time period,  the  chair  shall  impose  a
    42  penalty  in  the  amount  of up to five hundred dollars for each ten-day
    43  period the insurance carrier or state insurance fund failed to file  the
    44  notification. All penalties collected pursuant to this subdivision shall
    45  be deposited in the uninsured employers' fund.
    46    §  2.  Section  93  of  the  workers'  compensation law, as amended by
    47  section 24 of part GG of chapter 57 of the laws of 2013, is  amended  to
    48  read as follows:
    49    §  93.  Collection of premium in case of default. a. If a policyholder
    50  shall default in any payment required to be made by [him]  such  policy-
    51  holder  to  the  state  insurance fund or shall fail to cooperate with a
    52  payroll audit as specified in subdivision five of section fifty-four  of
    53  this  chapter,  after due notice, [his] such policyholder's insurance in
    54  the state insurance fund may be cancelled and the amount due from  [him]
    55  such  policyholder  shall  be  collected by civil action brought against
    56  [him] such policyholder in any county wherein the state  insurance  fund

        S. 7505                            58                            A. 9505

     1  maintains an office in the name of the commissioners of the state insur-
     2  ance  fund  and  the  same, when collected, shall be paid into the state
     3  insurance fund, and such policyholder's compliance with  the  provisions
     4  of  this  chapter  requiring  payments to be made to the state insurance
     5  fund shall date from the time of the payment of said money to the  state
     6  insurance fund.
     7    b.  An  employer,  whose policy of insurance has been cancelled by the
     8  state insurance fund for non-payment of premium and assessments, or  for
     9  failure  to  cooperate  with  a  payroll audit, or [withdraws] cancelled
    10  pursuant to section  ninety-four  of  this  article,  is  ineligible  to
    11  contract  for  a subsequent policy of insurance with the state insurance
    12  fund [while] until the state insurance fund  receives  full  cooperation
    13  from  such  employer  in  completing  any payroll audit on the cancelled
    14  policy and the billed premium on the cancelled  policy  [remains  uncol-
    15  lected]  is  paid, including any additional amounts billed following the
    16  completion of any payroll audit.
    17    c. The state insurance fund shall not be required to write a policy of
    18  insurance for any employer which is owned or controlled or the  majority
    19  interest of which is owned or controlled, directly or indirectly, by any
    20  person  who  directly  or  indirectly  owns  or  controls  or  owned  or
    21  controlled at the time of cancellation an employer whose  former  policy
    22  of insurance with the state insurance fund was cancelled for non-payment
    23  of  premium  and assessments, or for failure to cooperate with a payroll
    24  audit, or [withdraws] cancelled pursuant to section ninety-four of  this
    25  article,  or  who  is  or was at the time of cancellation the president,
    26  vice-president, secretary or treasurer of such  an  employer  until  the
    27  state  insurance  fund  receives  full cooperation from such employer in
    28  completing any payroll audit and the billed  premium  on  the  cancelled
    29  policy  is  paid,  including any additional amounts billed following the
    30  completion of any payroll audit.
    31    For purposes of this subdivision, "person" [shall include individuals,
    32  partnerships, corporations, and other associations] means  any  individ-
    33  ual, firm, company, partnership, corporation, limited liability company,
    34  joint  venture, joint-stock association, association, trust or any other
    35  legal entity whatsoever.
    36    § 3. Section 95 of the workers' compensation law, as amended by  chap-
    37  ter 135 of the laws of 1998, is amended to read as follows:
    38    § 95. Record and audit of payrolls.  (1) Every employer who is insured
    39  in the state insurance fund shall keep a true and accurate record of the
    40  number  of  [his]  its  employees,  the classification of its employees,
    41  information regarding employee accidents and the  wages  paid  by  [him]
    42  such employer, as well as such records relating to any person performing
    43  services under a subcontract with such employer who is not covered under
    44  the  subcontractor's  own  workers'  compensation  insurance policy, and
    45  shall furnish, upon demand, a sworn statement of the same.  Such  record
    46  and  any  other  records  of  an  employer  containing  such information
    47  pertaining to any policy period  including,  but  not  limited  to,  any
    48  payroll  book,  payroll and distribution records, cash book, check book,
    49  bank account statements, commission records, ledgers,  journals,  regis-
    50  ters,  vouchers,  contracts,  tax  returns  and  reports,  and  computer
    51  programs for retrieving data, certificates of  insurance  pertaining  to
    52  subcontractors  and any other business records specified by the rules of
    53  the board shall be open to inspection by the state insurance fund at any
    54  time and as often as may be necessary to verify the number of  employees
    55  [and],  the  amount  of the payroll, the classification of employees and
    56  information regarding employee accidents.  Any employer who  shall  fail

        S. 7505                            59                            A. 9505

     1  to  keep [such] any record required by this section, who shall willfully
     2  fail to furnish such record or who  shall  willfully  falsify  any  such
     3  record[,]  shall be guilty of a misdemeanor and subject to any penalties
     4  otherwise provided by law.
     5    (2)  Employers  subject to [subdivision] subsection (e) of section two
     6  thousand three hundred four of the insurance law and subdivision two  of
     7  section  eighty-nine  of  this  article  shall  keep a true and accurate
     8  record of hours worked for all  construction  classification  employees.
     9  The willful failure to keep such record, or the knowing falsification of
    10  any such record, may be prosecuted as insurance fraud in accordance with
    11  the provisions of section 176.05 of the penal law.
    12    § 4. Subdivision 1 of section 131 of the workers' compensation law, as
    13  amended by chapter 6 of the laws of 2007, is amended to read as follows:
    14    (1)  Every  employer  subject  to the provisions of this chapter shall
    15  keep a true and accurate record of  the  number  of  [his  or  her]  its
    16  employees,  the  classification  of its employees, information regarding
    17  employee accidents and the wages paid by [him or her] such employer  for
    18  a period of four years after each entry therein, [which] as well as such
    19  records  relating  to any person performing services under a subcontract
    20  of such employer that is not covered under the subcontractor's own work-
    21  ers' compensation insurance  policy.  Such  records  shall  be  open  to
    22  inspection  at  any time, and as often as may be necessary to verify the
    23  same by investigators of the board, by the authorized auditors, account-
    24  ants or inspectors of the carrier with whom the employer is insured,  or
    25  by  the  authorized  auditors, accountants or inspectors of any workers'
    26  compensation insurance  rating  board  or  bureau  operating  under  the
    27  authority of the insurance law and of which board or bureau such carrier
    28  is  a  member  or the group trust of which the employer is a member. Any
    29  and all records required by law to be kept by such employer  upon  which
    30  the  employer makes or files a return concerning wages paid to employees
    31  and any  other  records  of  an  employer  containing  such  information
    32  pertaining  to  any  policy  period  including,  but not limited to, any
    33  payroll book, payroll and distribution records, cash book,  check  book,
    34  bank  account  statements, commission records, ledgers, journals, regis-
    35  ters,  vouchers,  contracts,  tax  returns  and  reports,  and  computer
    36  programs  for  retrieving  data, certificates of insurance pertaining to
    37  subcontractors and any other business records specified by the rules  of
    38  the  board  shall form part of the records described in this section and
    39  shall be open to inspection in the  same  manner  as  provided  in  this
    40  section.  Any  employer  who  shall fail to keep such records, who shall
    41  willfully fail to furnish such record as required in this section or who
    42  shall falsify any such records, shall be guilty  of  a  misdemeanor  and
    43  subject  to  a  fine  of  not  less than five nor more than ten thousand
    44  dollars in addition to any other penalties otherwise  provided  by  law,
    45  except that any such employer that has previously been subject to crimi-
    46  nal  penalties  under  this  section within the prior ten years shall be
    47  guilty of a class E felony, and subject to a fine of not less  than  ten
    48  nor  more than twenty-five thousand dollars in addition to any penalties
    49  otherwise provided by law.
    50    § 5. This act shall take effect July 1, 2020.

    51                                   PART II

    52    Section 1. Section 76 of the workers' compensation law is  amended  by
    53  adding a new subdivision 1-a to read as follows:

        S. 7505                            60                            A. 9505

     1    1-a.  a.  The purposes of the state insurance fund are hereby enlarged
     2  to permit it to enter agreements with insurers licensed to  write  work-
     3  ers' compensation insurance in states outside New York to issue policies
     4  to  state  insurance  fund  policyholders  covering those policyholders'
     5  obligations  to  secure  the  payment  of workers' compensation benefits
     6  under the laws of states other than New York. The state  insurance  fund
     7  shall  also  be authorized to receive premiums into its workers' compen-
     8  sation fund for policies written under such agreements and to  pay  from
     9  such  fund: (i) reimbursement of all losses and loss adjustment expenses
    10  paid by a licensed insurer under such policies; and (ii) fees to such  a
    11  licensed  insurer  for administering claims and policies covered by such
    12  agreements.
    13    b. For a policyholder to be eligible for  insurance  in  states  other
    14  than  New  York  provided through agreements entered under this subdivi-
    15  sion, either: (i) the policyholder's workers' compensation premiums with
    16  the state insurance fund covering its employees under this chapter  must
    17  be  greater  than the premiums charged to cover the policyholder's obli-
    18  gations to pay workers' compensation benefits  in  all  states,  in  the
    19  aggregate,   other   than   New  York;  or  (ii)  the  payroll  for  the
    20  policyholder's  operations  in  New  York  must  be  greater  than   the
    21  policyholder's  payroll  in all states, in the aggregate, other than New
    22  York for the prior policy period. For determining  eligibility,  "premi-
    23  ums"  mean  estimated premiums as determined by the state insurance fund
    24  at the beginning of the policy period. In addition, for  a  policyholder
    25  to  be  eligible for insurance in states other than New York through the
    26  state insurance fund, the policyholder must  meet  the  state  insurance
    27  fund's  underwriting  criteria for other states coverage as specified by
    28  rules of the commissioners.
    29    § 2. This act shall take effect immediately.

    30                                   PART JJ

    31    Section 1. Section 9-211 of the election law is amended  by  adding  a
    32  new subdivision 6 to read as follows:
    33    6. (a) Notwithstanding any other provision of law, within fifteen days
    34  after  each  general, special or primary election conducted by the board
    35  of elections, the board of elections or a bipartisan committee appointed
    36  by such board shall conduct a complete audit  of  the  voter  verifiable
    37  audit  records of every voting machine or system within the jurisdiction
    38  of such board in the following circumstances:
    39    (i) In a state-wide election where a 0.2% margin of victory exists.
    40    (ii) In any public election that is not a state-wide election where  a
    41  0.5% margin of victory exists.
    42    (b) For the purposes of this section, margin of victory shall mean the
    43  margin  of  victory  for all votes cast in the entire election following
    44  the initial canvass of votes.
    45    (c) Audits under this section shall be performed manually.
    46    § 2. This act shall take effect on the first of January next  succeed-
    47  ing  the date on which it shall have become a law and shall apply to any
    48  election held 120 days or more after such effective date.

    49                                   PART KK

    50    Section 1. Section 54-l of the state finance law, as added by  section
    51  1  of  part  J  of  chapter  57 of 2011, paragraph b of subdivision 2 as
    52  amended by section 1 of part X of chapter 55 of the  laws  of  2014  and

        S. 7505                            61                            A. 9505

     1  subdivision  5 as added by section 5 of part S of chapter 39 of the laws
     2  of 2019, is amended to read as follows:
     3    §  54-l.  State  assistance  to  eligible cities [and eligible munici-
     4  palities] in which a video lottery gaming facility is located. 1.  Defi-
     5  nitions.  When used in this section, unless otherwise expressly stated:
     6    [a.]  "Eligible  city" shall mean a city with a population equal to or
     7  greater than one hundred twenty-five thousand and less than one  million
     8  in  which a video lottery gaming facility is located and operating as of
     9  January first, two thousand nine pursuant  to  section  sixteen  hundred
    10  seventeen-a of the tax law.
    11    [b. "Eligible municipality" shall mean a county, city, town or village
    12  in  which a video lottery gaming facility is located pursuant to section
    13  sixteen hundred seventeen-a of the tax law that is not located in a city
    14  with a population equal to or greater than one hundred twenty-five thou-
    15  sand.]
    16    2. [a.] Within the amount  appropriated  therefor,  an  eligible  city
    17  shall  receive  an amount equal to the state aid payment received in the
    18  state fiscal year commencing April first, two  thousand  eight  from  an
    19  appropriation for aid to municipalities with video lottery gaming facil-
    20  ities.
    21    [b.  Within the amounts appropriated therefor, eligible municipalities
    22  shall receive an amount equal  to  seventy  percent  of  the  state  aid
    23  payment  received  in  the state fiscal year commencing April first, two
    24  thousand eight from an appropriation  for  aid  to  municipalities  with
    25  video lottery gaming facilities.]
    26    3. [a.] State aid payments made to an eligible city pursuant to [para-
    27  graph  a  of]  subdivision two of this section shall be used to increase
    28  support for public schools in such city.
    29    [b. State aid payments made to an eligible  municipality  pursuant  to
    30  paragraph  b  of  subdivision  two of this section shall be used by such
    31  eligible municipality to: (i) defray local costs associated with a video
    32  lottery gaming facility,  or  (ii)  minimize  or  reduce  real  property
    33  taxes.]
    34    4.  Payments of state aid pursuant to this section shall be made on or
    35  before June thirtieth of each state fiscal  year  to  the  chief  fiscal
    36  officer  of each eligible city [and each eligible municipality] on audit
    37  and warrant of the state comptroller out of moneys appropriated  by  the
    38  legislature  for such purpose to the credit of the local assistance fund
    39  in the general fund of the state treasury.
    40    [5. The town and county in which the  facility  defined  in  paragraph
    41  five  of subdivision a of section sixteen hundred seventeen-a of the tax
    42  law is located shall receive assistance payments made pursuant  to  this
    43  section  at the same dollar level realized by the village of Monticello,
    44  Sullivan county, the town of Thompson,  Sullivan  county,  and  Sullivan
    45  county.  Each village in which the facility defined in paragraph five of
    46  subdivision a of section sixteen hundred seventeen-a of the tax  law  is
    47  located  shall receive assistance payments made pursuant to this section
    48  at the rate of fifty percent of the dollar level realized by the village
    49  of Monticello. Any payments made pursuant to this subdivision shall  not
    50  commence  until  the facility defined in paragraph five of subdivision a
    51  of section sixteen hundred seventeen-a  of  the  tax  law  has  realized
    52  revenue for a period of twelve consecutive months.]
    53    § 2. This act shall take effect immediately.

    54                                   PART LL

        S. 7505                            62                            A. 9505

     1    Section  1.  Subdivision  8 of section 239-bb of the general municipal
     2  law, as added by section 1 of part EE of chapter 55 of the laws of 2018,
     3  is amended to read as follows:
     4    8.  For  each county, new shared services actions [not included] in [a
     5  previously] an approved and submitted plan pursuant to this  section  or
     6  part  BBB  of  chapter fifty-nine of the laws of two thousand seventeen,
     7  may be eligible for funding to match savings from such  action,  subject
     8  to  available  appropriation. Savings that are actually and demonstrably
     9  realized by the participating local governments are eligible for  match-
    10  ing  funding.  For actions that are part of an approved plan transmitted
    11  to the secretary of state in accordance with paragraph b of  subdivision
    12  seven  of this section, savings achieved [from] during either: (i) Janu-
    13  ary first through December thirty-first from new actions implemented  on
    14  or  after  January first through December thirty-first of the year imme-
    15  diately following an approved [and transmitted] plan, or (ii) July first
    16  of the year immediately following an approved plan through June  thirti-
    17  eth  of  the  subsequent year from new actions implemented July first of
    18  the year immediately following an approved plan through  June  thirtieth
    19  of  the  subsequent  year may be eligible for matching funding. Only net
    20  savings between local governments for each action would be eligible  for
    21  matching funding. Savings from internal efficiencies or any other action
    22  taken  by  a local government without the participation of another local
    23  government are not eligible for matching funding. Each county and all of
    24  the local governments within the county that are part of any  action  to
    25  be  implemented  as part of an approved plan must collectively apply for
    26  the matching funding and agree on the distribution and use of any match-
    27  ing funding in order to qualify for matching funding.  Each county shall
    28  be authorized to submit one consolidated application for matching  funds
    29  for  each  approved  and  transmitted  plan. All actions from a plan for
    30  which matching funds will be requested shall adhere to the same  twelve-
    31  month period beginning either January first or July first. The secretary
    32  of  state  shall develop the application with any necessary requirements
    33  for receipt of state matching funds.
    34    § 2. This act shall take effect immediately.

    35                                   PART MM

    36    Section 1. Subdivision 1 of section 160.05 of the local  finance  law,
    37  as  added  by  chapter  67  of  the  laws of 2013, is amended to read as
    38  follows:
    39    1. There shall be a financial restructuring board  for  local  govern-
    40  ments which shall consist of ten members: the director of the budget who
    41  shall  be  chair  of  the  board,  the attorney general, the state comp-
    42  troller, and the secretary of state, each of whom may designate a repre-
    43  sentative to attend sessions of the board on his or her behalf, and  six
    44  members  appointed  by the governor, one of whom upon the recommendation
    45  of the temporary president of the senate, one of whom upon the recommen-
    46  dation of the speaker of the assembly, and four other members  appointed
    47  by the governor, one of whom shall have significant experience in munic-
    48  ipal  financial  and restructuring matters. In making such appointments,
    49  the governor shall consider regional diversity. Appointees  shall  serve
    50  at the pleasure of his or her appointing authority. The appointee of the
    51  governor  who  has  been  designated as having significant experience in
    52  municipal financial and restructuring matters shall receive fair compen-
    53  sation for his or her services performed pursuant to this section in  an
    54  amount  to  be  determined by the director of the budget and all members

        S. 7505                            63                            A. 9505

     1  shall be reimbursed for all reasonable expenses actually and necessarily
     2  incurred by him or her in the performance of  his  or  her  duties.  The
     3  board  shall  have the power to act by an affirmative vote of a majority
     4  of  the  total number of members present at the meeting and shall render
     5  its findings and recommendations within six months of being requested to
     6  act by a fiscally  eligible  municipality.  The  provisions  of  section
     7  seventeen  of  the  public  officers  law  shall apply to members of the
     8  board. No member of the board shall be held liable for  the  performance
     9  of  any  function  or  duty  authorized by this section. The work of the
    10  board shall be conducted with such staff as the director of the  budget,
    11  the  secretary  of state, the attorney general and the state comptroller
    12  shall make available. All proceedings, meetings and  hearings  conducted
    13  by the board shall be held in the city of Albany.
    14    § 2. This act shall take effect immediately.

    15                                   PART NN

    16    Section  1.  Paragraph 3 of subdivision (c) of section 1261 of the tax
    17  law, as amended by section 9 of part SS-1 of chapter 57 of the  laws  of
    18  2008, is amended to read as follows:
    19    (3) However, the taxes, penalties and interest which (i) the county of
    20  Nassau,  (ii)  the  county  of Erie, to the extent the county of Erie is
    21  contractually or statutorily obligated to allocate and apply or pay  net
    22  collections  to  the  city of Buffalo and to the extent that such county
    23  has set aside net collections for educational purposes  attributable  to
    24  the  Buffalo school district, or the city of Buffalo or (iii) the county
    25  of Erie is authorized to impose pursuant to section twelve  hundred  ten
    26  of this article, other than such taxes in the amounts described, respec-
    27  tively,  in subdivisions one and two of section one thousand two hundred
    28  sixty-two-e of this part, during the period that such section authorizes
    29  Nassau county to establish special or local assistance  programs  there-
    30  under,  together  with  any  penalties and interest related thereto, and
    31  after the comptroller has reserved such  refund  fund  and  such  costs,
    32  shall,  commencing  on the next payment date after the effective date of
    33  this sentence and of each month thereafter, until such date as  (i)  the
    34  Nassau  county  interim  finance  authority  shall  have  no obligations
    35  outstanding, or (ii) the Buffalo fiscal stability authority shall  cease
    36  to  exist,  or  (iii)  the  Erie county fiscal stability authority shall
    37  cease to exist, be paid by the comptroller,  respectively,  to  (i)  the
    38  Nassau  county  interim  finance  authority  to be applied by the Nassau
    39  county interim finance authority, or (ii) to the Buffalo fiscal stabili-
    40  ty authority to be applied by the Buffalo fiscal stability authority, or
    41  (iii) to the Erie county fiscal stability authority to be applied by the
    42  Erie county fiscal stability authority, as  the  case  may  be,  in  the
    43  following order of priority: first pursuant to the Nassau county interim
    44  finance  authority's  contracts  with  bondholders or the Buffalo fiscal
    45  stability authority's contracts with  bondholders  or  the  Erie  county
    46  fiscal  stability  authority's contracts with bondholders, respectively,
    47  then to pay the Nassau  county  interim  finance  authority's  operating
    48  expenses  not  otherwise  provided  for  or the Buffalo fiscal stability
    49  authority's operating expenses not otherwise provided for  or  the  Erie
    50  county  fiscal  stability  authority's  operating expenses not otherwise
    51  provided for, respectively, then  (i)  for  the  Nassau  county  interim
    52  finance  authority  to  pay  to  the state as soon as practicable in the
    53  months of May and December each year, the amount  necessary  to  fulfill
    54  the town and village distribution requirement on behalf of Nassau county

        S. 7505                            64                            A. 9505

     1  pursuant  to  paragraph  five-a  of  this  subdivision,  or (ii) for the
     2  Buffalo fiscal stability authority to pay to the state as soon as  prac-
     3  ticable  in  the months of May and December each year, the percentage of
     4  the  amount  necessary  to  fulfill  the  town  and village distribution
     5  requirement on behalf of Erie county pursuant  to  paragraph  five-a  of
     6  this  subdivision  that  equates  to  the  percentage  of the county net
     7  collections that the  city  of  Buffalo  and  the  Buffalo  city  school
     8  district, together, are due in the months of May and December each year,
     9  or  (iii)  for  the Erie county fiscal stability authority to pay to the
    10  state as soon as practicable in the months  of  May  and  December  each
    11  year,  the amount necessary to fulfill the town and village distribution
    12  requirement on behalf of Erie county pursuant  to  paragraph  five-a  of
    13  this subdivision, less the amount being paid to the state by the Buffalo
    14  fiscal stability authority in each respective month, and then (i) pursu-
    15  ant to the Nassau county interim finance authority's agreements with the
    16  county  of  Nassau,  which  agreements  shall  require the Nassau county
    17  interim finance authority to transfer such taxes, penalties and interest
    18  remaining after providing for contractual or other  obligations  of  the
    19  Nassau  county  interim  finance authority, and subject to any agreement
    20  between such authority and the county of Nassau, to the county of Nassau
    21  as frequently as practicable; or (ii) pursuant  to  the  Buffalo  fiscal
    22  stability  authority's agreements with the city of Buffalo, which agree-
    23  ments shall require the Buffalo fiscal stability authority  to  transfer
    24  such  taxes,  penalties  and  interest  remaining  after  providing  for
    25  contractual or other obligations of the Buffalo fiscal stability author-
    26  ity, and subject to any agreement between such authority and the city of
    27  Buffalo, to the city of Buffalo or the city of Buffalo school  district,
    28  as  the  case may be, as frequently as practicable; or (iii) pursuant to
    29  the Erie county fiscal stability authority's agreements with the  county
    30  of Erie, which agreements shall require the Erie county fiscal stability
    31  authority to transfer such taxes, penalties and interest remaining after
    32  providing for contractual or other obligations of the Erie county fiscal
    33  stability authority, and subject to any agreement between such authority
    34  and the county of Erie, to the county of Erie as frequently as practica-
    35  ble. During the period that the comptroller is required to make payments
    36  to the Nassau county interim finance authority described in the previous
    37  sentence, the county of Nassau shall have no right, title or interest in
    38  or  to  such  taxes,  penalties  and interest required to be paid to the
    39  Nassau county interim finance authority,  except  as  provided  in  such
    40  authority's agreements with the county of Nassau. During the period that
    41  the  comptroller  is  required  to  make  payments to the Buffalo fiscal
    42  stability authority described in the second previous sentence, the  city
    43  of Buffalo and such school district shall have no right, title or inter-
    44  est  in  or to such taxes, penalties and interest required to be paid to
    45  the Buffalo fiscal stability  authority,  except  as  provided  in  such
    46  authority's  agreements with the city of Buffalo. During the period that
    47  the comptroller is required to make payments to the Erie  county  fiscal
    48  stability authority described in the third previous sentence, the county
    49  of  Erie  shall  have  no  right, title or interest in or to such taxes,
    50  penalties and interest required to be paid to  the  Erie  county  fiscal
    51  stability  authority,  except as provided in such authority's agreements
    52  with the county of Erie.
    53    § 2. Paragraph 5-a of subdivision (c) of section 1261 of the tax  law,
    54  as  added by section 3 of part PPP of chapter 59 of the laws of 2019, is
    55  amended to read as follows:

        S. 7505                            65                            A. 9505

     1    (5-a) However, after the comptroller has  made  the  payments  to  the
     2  Nassau  county  interim  finance authority, the Buffalo fiscal stability
     3  authority, and the Erie county fiscal stability  authority  required  by
     4  [paragraphs  two,]  paragraph  three [and five] of this subdivision, for
     5  each  municipality that received a base level grant in state fiscal year
     6  two thousand eighteen-two thousand nineteen but not in state fiscal year
     7  two thousand nineteen-two thousand twenty under the aid  and  incentives
     8  for  municipalities  program  pursuant  to  subdivision  ten  of section
     9  fifty-four of the state finance  law,  the  comptroller  shall  annually
    10  withhold  from  each  county  except  Nassau and Erie from the remaining
    11  taxes, penalties and interest imposed by the county in which a  majority
    12  of  the population of such municipality resides, and on behalf of Nassau
    13  and Erie counties the comptroller shall annually receive from the Nassau
    14  county interim finance authority, the Buffalo fiscal stability  authori-
    15  ty,  and  the Erie county fiscal stability authority, an amount equal to
    16  the base level grant received by such municipality in state fiscal  year
    17  two  thousand eighteen-two thousand nineteen and shall annually distrib-
    18  ute, by December fifteenth, two thousand nineteen and by such date annu-
    19  ally thereafter, such amount directly to such municipality, unless  such
    20  municipality has a fiscal year ending May thirty-first, then such annual
    21  distribution  shall be made by May fifteenth, two thousand twenty and by
    22  such date annually thereafter. No county shall have any right, title  or
    23  interest in or to the taxes, penalties and interest required to be with-
    24  held [and] or distributed pursuant to this paragraph.
    25    §  3.  Subdivision 5 of section 3657 of the public authorities law, as
    26  added by chapter 84 of the laws of 2000, is amended to read as follows:
    27    5. Tax revenues received by the authority pursuant to  section  twelve
    28  hundred  sixty-one  of  the  tax  law,  together with any other revenues
    29  received by the authority, shall be applied in the  following  order  of
    30  priority:  first pursuant to the authority's contracts with bondholders,
    31  then to pay the authority's operating expenses  not  otherwise  provided
    32  for, then to pay to the state pursuant to paragraph three of subdivision
    33  (c)  of  section  twelve  hundred  sixty-one  of  the tax law, and then,
    34  subject to the authority's agreements with the county, to  transfer  the
    35  balance  of  such tax revenues not required to meet contractual or other
    36  obligations of the authority to the county as frequently as practicable.
    37    § 4. Subdivision 5 of section 3865 of the public authorities  law,  as
    38  amended  by  chapter  86  of  the  laws  of  2004, is amended to read as
    39  follows:
    40    5. Revenues of the authority shall be applied in the  following  order
    41  of  priority:  first  to  pay debt service or for set asides to pay debt
    42  service on the authority's bonds, notes, or  other  obligations  and  to
    43  replenish  any  reserve  funds securing such bonds, notes or other obli-
    44  gations of the authority, in accordance with the provision of any inden-
    45  ture or bond resolution of the authority; then to  pay  the  authority's
    46  operating  expenses not otherwise provided for; then to pay to the state
    47  pursuant to paragraph three of subdivision (c) of section twelve hundred
    48  sixty-one of the tax law; and then, subject to the authority's agreement
    49  with the city, for itself or on behalf of the  city's  dependent  school
    50  district  and  any other covered organization, to transfer as frequently
    51  as practicable the balance of revenues not required to meet  contractual
    52  or  other obligations of the authority to the city or the city's depend-
    53  ent school district as provided in subdivision seven of this section.
    54    § 5. Subdivision 5 of section 3965 of the public authorities  law,  as
    55  added by chapter 182 of the laws of 2005, is amended to read as follows:

        S. 7505                            66                            A. 9505

     1    5.  Revenues  of the authority shall be applied in the following order
     2  of priority: first to pay debt service or for set  asides  to  pay  debt
     3  service  on  the  authority's  bonds, notes, or other obligations and to
     4  replenish any reserve funds securing such bonds, notes  or  other  obli-
     5  gations  of  the authority in accordance with the provision of indenture
     6  or bond resolution of the authority; then to pay the authority's operat-
     7  ing expenses not otherwise provided for; then to pay to the state pursu-
     8  ant to paragraph three of subdivision  (c)  of  section  twelve  hundred
     9  sixty-one  of  the  tax law; and then, subject to the authority's agree-
    10  ments with the county for itself or on behalf of any  covered  organiza-
    11  tion  to  transfer  as frequently as practicable the balance of revenues
    12  not required to meet contractual or other obligations of  the  authority
    13  to the county as provided in subdivision seven of this section.
    14    § 6. This act shall take effect immediately.

    15                                   PART OO

    16    Section  1.  Section  217  of  the  county  law  is amended to read as
    17  follows:
    18    § 217. County jail. Each county shall continue to  maintain  a  county
    19  jail  as  prescribed  by  law; provided, however, this section shall not
    20  prohibit counties from jointly maintaining a county jail pursuant  to  a
    21  shared services agreement.
    22    §  2.  Subdivision 1 of section 500-a of the correction law is amended
    23  by adding a new paragraph (h) to read as follows:
    24    (h) Notwithstanding any other law to the  contrary,  nothing  in  this
    25  subdivision  shall  prohibit  counties from jointly maintaining a county
    26  jail pursuant to a shared services agreement.
    27    § 3. Subdivision 1 of section 500-c of the correction law, as added by
    28  chapter 907 of the laws of 1984, is amended to read as follows:
    29    1. Except as provided in subdivision two of this section, the  sheriff
    30  of  each  county  shall  have custody of the county jail of such county;
    31  provided however, that for counties jointly maintaining  a  county  jail
    32  pursuant  to  a  shared services agreement, the sheriff of the county in
    33  which such jail is located shall consult with the sheriff of any  county
    34  using the jail pursuant to a shared services agreement.
    35    §  4.  Section 500 of the correction law, as amended by chapter 131 of
    36  the laws of 2014, is amended to read as follows:
    37    § 500. Application of article. The provisions of  this  article  shall
    38  apply to any all local correctional facilities as defined by subdivision
    39  sixteen  of  section  two  of this chapter and shall apply to any county
    40  jail maintained by more than one county pursuant to  a  shared  services
    41  agreement.
    42    §  5. Subdivision 2 of section 40 of the correction law, as amended by
    43  chapter 247 of the laws of 2018, is amended to read as follows:
    44    2. "Local correctional facility" means any jail, penitentiary,  state,
    45  county or municipal lockup, court detention pen, hospital prison ward or
    46  specialized  secure juvenile detention facility for older youth, or jail
    47  jointly maintained by more than one county pursuant to a shared services
    48  agreement.
    49    § 6. Subdivision 1 of section 751 of the judiciary law, as amended  by
    50  chapter 399 of the laws of 1988, is amended to read as follows:
    51    1. Except as provided in subdivisions (2), (3) and (4), punishment for
    52  a  contempt,  specified  in section seven hundred fifty, may be by fine,
    53  not exceeding one thousand dollars, or by  imprisonment,  not  exceeding
    54  thirty  days,  in  the jail of the county where the court is sitting, or

        S. 7505                            67                            A. 9505

     1  both, in the discretion of the court. If the county jail  in  which  the
     2  court  is  sitting has entered into a shared services agreement to main-
     3  tain a joint county jail, the person may be  imprisoned  in  a  jail  in
     4  another  county  that is a party to that agreement. Where the punishment
     5  for contempt is based on a violation of an order  of  protection  issued
     6  under  section 530.12 or 530.13 of the criminal procedure law, imprison-
     7  ment may be for a term not exceeding three months.  Where  a  person  is
     8  committed  to  jail,  for  the  nonpayment of a fine, imposed under this
     9  section, he must be discharged at the expiration  of  thirty  days;  but
    10  where  he is also committed for a definite time, the thirty days must be
    11  computed from the expiration of the definite time.
    12    Such a contempt, committed in the immediate view and presence  of  the
    13  court,  may  be  punished  summarily;  when  not so committed, the party
    14  charged must be notified of the accusation, and have a  reasonable  time
    15  to make a defense.
    16    §  7. This act shall take effect immediately; provided that the amend-
    17  ments to subdivision 1 of section 500-c of the correction  law  made  by
    18  section  three  of  this act shall not affect the repeal of such section
    19  and shall be deemed repealed therewith.

    20                                   PART PP

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

    32                                   PART QQ

    33    Section 1. The public authorities law  is  amended  by  adding  a  new
    34  section 3 to read as follows:
    35    §  3. Pay equity.  1. In order to attract unusual merit and ability to
    36  the service of public authorities in the state of New York, to stimulate
    37  higher efficiency among the personnel, to provide skilled leadership  in
    38  administration,  to  reward  merit  and  to insure the highest return in
    39  services for  the  necessary  costs  of  administration,  it  is  hereby
    40  declared  that  public  authorities  shall,  consistent with the federal
    41  Equal Pay Act of 1963 (29 U.S.C. § 206), the federal  Civil  Rights  Act
    42  (42 U.S.C. § 2000e-2), article fifteen of the executive law, and section
    43  forty-c  of the civil rights law, ensure a fair, non-biased compensation
    44  structure for all employees in which status within one or more protected
    45  class or classes is not considered  either  directly  or  indirectly  in
    46  determining  the  proper  compensation for a title or in determining the
    47  pay for any individual or group of employees, ensure  that  no  employee
    48  with  status within one or more protected class or classes shall be paid
    49  a wage at a rate less than the rate at which an employee without  status
    50  within  the same protected class or classes in the same establishment is
    51  paid for similar work or substantially similar work and provide  regular

        S. 7505                            68                            A. 9505

     1  increases  in  pay in proper proportion to increase of ability, increase
     2  of output and increase of quality of work demonstrated in service.
     3    2. For the purpose of this section:
     4    (a)  the  term  "protected  class"  includes  age, race, creed, color,
     5  national origin, sexual  orientation,  gender  identity  or  expression,
     6  military  status, sex, disability, predisposing genetic characteristics,
     7  familial status, marital status, or domestic violence victim status, and
     8  any employee protected from discrimination pursuant to  paragraphs  (a),
     9  (b), and (c) of subdivision one of section two hundred ninety-six of the
    10  executive  law, and any intern protected from discrimination pursuant to
    11  section two hundred ninety-six-c of the executive law.
    12    (b) the term "compensation" shall include but not be limited to:   all
    13  earnings  of  an  employee for labor or services rendered, regardless of
    14  whether the amount of earnings is paid  on  an  annual  salary,  hourly,
    15  biweekly  or per diem basis; reimbursement for expenses; health, welfare
    16  and retirement benefits; and vacation pay, sick pay, separation or holi-
    17  day pay, or any other form of remuneration.
    18    (c) employees shall be deemed to work in the same establishment if the
    19  employees work for the same employer at workplaces located in  the  same
    20  geographical  region, no larger than a county, taking into account popu-
    21  lation distribution, economic activity, and/or the presence  of  munici-
    22  palities.
    23    (d)  the term "public authorities" shall mean any authority as defined
    24  in section two of this title.
    25    3. (a) It shall not be a violation of this section for an employer  to
    26  pay  different  compensation  to employees, where such payments are made
    27  pursuant to:
    28    (1) a bona fide seniority or merit system;
    29    (2) a bona fide system that measures earnings by quantity  or  quality
    30  of production;
    31    (3) a bona fide system based on geographic differentials;
    32    (4)  any  other  bona fide factor other than status within one or more
    33  protected class or classes, such as education, training, or  experience.
    34  Such  factor: (A) shall not be based upon or derived from a differential
    35  in compensation based on status within one or more  protected  class  or
    36  classes;  and  (B)  shall be job-related with respect to the position in
    37  question and shall be consistent with business necessity. Such exception
    38  under this paragraph shall not apply when the employee demonstrates  (i)
    39  that  an  employer  uses  a particular employment practice that causes a
    40  disparate impact on the basis of status within  one  or  more  protected
    41  class  or  classes,  (ii) that an alternative employment practice exists
    42  that would serve the same purpose and not produce such differential, and
    43  (iii) that the employer has refused to adopt such alternative  practice;
    44  or
    45    (5) a collective bargaining agreement.
    46    (b)  For  the  purpose of paragraph (a) of this subdivision, "business
    47  necessity" shall be defined as a factor that bears a manifest  relation-
    48  ship to the employment in question.
    49    (c)  Nothing  set  forth in this section shall be construed to impede,
    50  infringe or diminish the rights and benefits which accrue  to  employees
    51  through  collective  bargaining  agreements,  or  otherwise diminish the
    52  integrity of the existing collective bargaining relationship.
    53    § 2. This act shall take effect immediately.

    54                                   PART RR

        S. 7505                            69                            A. 9505

     1    Section 1. The opening paragraph of subdivision 1 of  section  812  of
     2  the  family court act, as amended by chapter 109 of the laws of 2019, is
     3  amended to read as follows:
     4    The  family court and the criminal courts shall have concurrent juris-
     5  diction over any  proceeding  concerning  acts  which  would  constitute
     6  disorderly conduct, unlawful dissemination or publication of an intimate
     7  image,  harassment in the first degree, harassment in the second degree,
     8  aggravated harassment in the second degree, sexual misconduct,  forcible
     9  touching,  sexual  abuse in the third degree, sexual abuse in the second
    10  degree as set forth in subdivision one of section 130.60  of  the  penal
    11  law, stalking in the first degree, stalking in the second degree, stalk-
    12  ing  in  the  third  degree,  stalking  in  the  fourth degree, criminal
    13  mischief, menacing in the second degree, menacing in the  third  degree,
    14  reckless endangerment, criminal obstruction of breathing or blood circu-
    15  lation,  strangulation  in the second degree, strangulation in the first
    16  degree, assault in the second degree, assault in the  third  degree,  an
    17  attempted assault, identity theft in the first degree, identity theft in
    18  the  second degree, identity theft in the third degree, grand larceny in
    19  the fourth degree, grand larceny in the third degree,  coercion  in  the
    20  second  degree  or coercion in the third degree as set forth in subdivi-
    21  sions one, two and three of section 135.60  of  the  penal  law  between
    22  spouses  or  former  spouses,  or  between  parent  and child or between
    23  members of the same family or household except that  if  the  respondent
    24  would not be criminally responsible by reason of age pursuant to section
    25  30.00  of  the  penal  law,  then  the family court shall have exclusive
    26  jurisdiction  over  such  proceeding.  Notwithstanding  a  complainant's
    27  election  to  proceed  in  family court, the criminal court shall not be
    28  divested of jurisdiction to hear a family offense proceeding pursuant to
    29  this section.  The family court may also issue an  order  of  protection
    30  based  on  any  circumstances that the court determines require an order
    31  for the purposes established in paragraph (b) of subdivision two of this
    32  section. In any proceeding pursuant to this article, a court  shall  not
    33  deny  an order of protection, or dismiss a petition, solely on the basis
    34  that the acts or events alleged are not relatively contemporaneous  with
    35  the  date  of  the  petition,  the conclusion of the fact-finding or the
    36  conclusion of the dispositional hearing. For purposes of  this  article,
    37  "disorderly  conduct" includes disorderly conduct not in a public place.
    38  For purposes of this article, "members of the same family or  household"
    39  shall mean the following:
    40    § 2. Paragraph (a) of subdivision 1 of section 821 of the family court
    41  act,  as  amended  by  section 6 of part NN of chapter 55 of the laws of
    42  2018, is amended to read as follows:
    43    (a) An allegation that: (i) the respondent assaulted or  attempted  to
    44  assault  his  or  her  spouse,  or former spouse, parent, child or other
    45  member of the same family or household or engaged in disorderly conduct,
    46  harassment, sexual misconduct, forcible touching, sexual  abuse  in  the
    47  third degree, sexual abuse in the second degree as set forth in subdivi-
    48  sion  one  of  section  130.60  of  the  penal  law,  stalking, criminal
    49  mischief,  menacing,  reckless  endangerment,  criminal  obstruction  of
    50  breathing  or  blood  circulation,  strangulation, identity theft in the
    51  first degree, identity theft in the second degree, identity theft in the
    52  third degree, grand larceny in the fourth degree, grand larceny  in  the
    53  third  degree,  coercion  in  the second degree or coercion in the third
    54  degree as set forth in subdivisions one, two and three of section 135.60
    55  of the penal law, toward any such person; or (ii) the respondent is  the
    56  spouse,  or  former  spouse,  parent,  child or other member of the same

        S. 7505                            70                            A. 9505

     1  family or household as  the  petitioner  and  circumstances  exist  that
     2  require an order of protection for the purposes established in paragraph
     3  (b) of subdivision two of section eight hundred twelve of this article;
     4    §  3. Subdivision 3-a of section 530.12 of the criminal procedure law,
     5  as added by chapter 186 of the laws of  1997,  is  amended  to  read  as
     6  follows:
     7    3-a.  Emergency  powers  when family court not in session; issuance of
     8  temporary orders of protection. Upon the request of  the  petitioner,  a
     9  local criminal court may on an ex parte basis issue a temporary order of
    10  protection  pending  a  hearing  in  family court, provided that a sworn
    11  affidavit, verified in accordance with subdivision one of section 100.30
    12  of this chapter, is submitted: (i) alleging that the family court is not
    13  in session; (ii) alleging that: (A) a  family  offense,  as  defined  in
    14  subdivision  one of section eight hundred twelve of the family court act
    15  and subdivision one of section 530.11 of this article, has been  commit-
    16  ted;  or (B) circumstances exist that require an order of protection for
    17  the purposes established in paragraph (b) of subdivision two of  section
    18  eight  hundred  twelve  of  the  family court act; the respondent is the
    19  spouse, or former spouse, parent, child or  other  member  of  the  same
    20  family  or  household  as  the  petitioner  and circumstances exist that
    21  require an order of protection for the purposes established in paragraph
    22  (b) of subdivision two of section eight hundred  twelve  of  the  family
    23  court  act; (iii) alleging that a family offense petition has been filed
    24  or will be filed in family court  on  the  next  day  the  court  is  in
    25  session;  and (iv) showing good cause. Upon appearance in a local crimi-
    26  nal court, the petitioner shall be advised that he or she  may  continue
    27  with the proceeding either in family court or upon the filing of a local
    28  criminal  court  accusatory  instrument  in criminal court or both. Upon
    29  issuance of a temporary order of protection  where  petitioner  requests
    30  that  it  be  returnable in family court, the local criminal court shall
    31  transfer the matter forthwith to the family court  and  shall  make  the
    32  matter returnable in family court on the next day the family court is in
    33  session, or as soon thereafter as practicable, but in no event more than
    34  four  calendar  days  after  issuance  of  the order. The local criminal
    35  court, upon issuing a temporary order of protection returnable in family
    36  court pursuant to this subdivision,  shall  immediately  forward,  in  a
    37  manner  designed  to  insure  arrival  before the return date set in the
    38  order, a copy of the temporary order of protection and  sworn  affidavit
    39  to  the family court and shall provide a copy of such temporary order of
    40  protection to the petitioner; provided, however, that where  a  copy  of
    41  the  temporary  order of protection and affidavit are transmitted to the
    42  family court by facsimile or other electronic means, the original  order
    43  and  affidavit shall be forwarded to the family court immediately there-
    44  after. Any temporary order of protection issued pursuant to this  subdi-
    45  vision  shall  be issued to the respondent, and copies shall be filed as
    46  required in subdivisions six and eight of this  section  for  orders  of
    47  protection  issued  pursuant  to  this  section.  Any temporary order of
    48  protection issued pursuant to this subdivision shall plainly  state  the
    49  date  that  such order expires which, in the case of an order returnable
    50  in family court, shall be not more than four  calendar  days  after  its
    51  issuance, unless sooner vacated or modified by the family court. A peti-
    52  tioner  requesting  a temporary order of protection returnable in family
    53  court pursuant to this subdivision in a case in  which  a  family  court
    54  petition  has not been filed shall be informed that such temporary order
    55  of protection shall expire as provided for herein, unless the petitioner
    56  files a petition pursuant to subdivision one of  section  eight  hundred

        S. 7505                            71                            A. 9505

     1  twenty-one of the family court act on or before the return date in fami-
     2  ly  court and the family court issues a temporary order of protection or
     3  order of protection as authorized under  article  eight  of  the  family
     4  court  act.  Nothing  in  this  subdivision  shall limit or restrict the
     5  petitioner's right to proceed directly and  without  court  referral  in
     6  either  a  criminal or family court, or both, as provided for in section
     7  one hundred fifteen of the family court act and section 100.07  of  this
     8  chapter.
     9    § 4. This act shall take effect immediately.

    10                                   PART SS

    11    Section  1.  The  election  law  is  amended  by  adding a new section
    12  14-116-a to read as follows:
    13    §  14-116-a.  Restriction  on  contributions  from  foreign-influenced
    14  corporations or entities.  1. No corporation, limited liability company,
    15  joint-stock association or other corporate entity doing business in this
    16  state  that  is  foreign-influenced,  nor  any  foreign  national, shall
    17  directly or indirectly pay or use or offer, consent or agree to  pay  or
    18  use  any money or property for or in aid of any political party, commit-
    19  tee or organization, or for, or in  aid  of,  any  corporation,  limited
    20  liability  company,  joint-stock,  other association, or other corporate
    21  entity organized or maintained for political purposes, or for, or in aid
    22  of, any candidate for  political  office  or  for  nomination  for  such
    23  office,  or  for any political purpose whatsoever, or for the reimburse-
    24  ment or indemnification of any person for moneys or  property  so  used.
    25  Any officer, director, stock-holder, member, owner, attorney or agent of
    26  any  corporation,  limited liability company, joint-stock association or
    27  other corporate entity which violates any  of  the  provisions  of  this
    28  section,  who participates in, aids, abets or advises or consents to any
    29  such violations, and any person who solicits or knowingly  receives  any
    30  money  or  property  in  violation of this section, shall be guilty of a
    31  misdemeanor. Any such contribution may result in  the  assessment  of  a
    32  civil  fine,  not  to  exceed  ten thousand dollars per contribution, in
    33  addition to any other penalties under the law.
    34    2. For purposes of this section, "foreign-influenced" shall  mean  any
    35  entity for which at least one of the following conditions is met:
    36    (a)  a single foreign national holds, owns, controls, or otherwise has
    37  direct or indirect beneficial ownership of five percent or more  of  the
    38  total  equity,  outstanding  voting  shares,  membership units, or other
    39  applicable ownership interest in the  entity  making  the  contribution,
    40  expenditure or payment; or
    41    (b)  two  or more foreign nationals, in aggregate, hold, own, control,
    42  or otherwise have direct or indirect beneficial ownership of ten percent
    43  or more of the total equity outstanding voting shares, membership units,
    44  or other applicable ownership interest of the entity; or
    45    (c) one or more foreign nationals, in aggregate, hold  more  than  ten
    46  percent  of the board of director seats in the entity's governing board;
    47  or
    48    (d) a foreign national participates  directly  or  indirectly  in  the
    49  entity's  decision-making process with respect to the entity's political
    50  activities in the United States, including the entity's political activ-
    51  ities with respect to a covered election.
    52    3. For purposes of this section, "foreign  national"  shall  have  the
    53  same  meaning  as  the  term defined in subsection b of section 30121 of

        S. 7505                            72                            A. 9505

     1  title 52 of the United States Code,  including  but  not  limited  to  a
     2  foreign government or a foreign principal.
     3    § 2. This act shall take effect June 1, 2020.

     4                                   PART TT

     5    Section  1. Section 10 of the public officers law, as amended by chap-
     6  ter 29 of the laws of 1977, is amended to read as follows:
     7    § 10. Official oaths.  1. Every officer shall take and file  the  oath
     8  of  office  required  by  law, and every judicial officer of the unified
     9  court system, in addition, shall file a copy of said oath in the  office
    10  of  court  administration, before he shall be entitled to enter upon the
    11  discharge of any of his official duties. An oath of office may be admin-
    12  istered by a judge of the court of appeals, the attorney general, or  by
    13  any  officer authorized to take, within the state, the acknowledgment of
    14  the execution of a deed of real property, or  by  an  officer  in  whose
    15  office  the  oath  is  required  to  be  filed or by his duly designated
    16  assistant, or may be administered to any member of a body  of  officers,
    17  by  a  presiding officer or clerk, thereof, who shall have taken an oath
    18  of office. An oath of office may be administered to any state  or  local
    19  officer  who is a member of the armed forces of the United States by any
    20  commissioned officer, in active service, of  the  armed  forces  of  the
    21  United  States.  In  addition  to the requirements of any other law, the
    22  certificate of the officer in the armed forces administering the oath of
    23  office under this section shall state (a) the rank of the officer admin-
    24  istering the oath, and (b) that the person taking the oath  was  at  the
    25  time,  enlisted,  inducted,  ordered or commissioned in or serving with,
    26  attached to or accompanying the armed forces of the United  States.  The
    27  fact  that  the  officer  administering  the  oath  was at the time duly
    28  commissioned and in active service  with  the  armed  forces,  shall  be
    29  certified by the secretary of the army, secretary of the air force or by
    30  the  secretary of the navy, as the case may be, of the United States, or
    31  by a person designated by him to make such certifications, but the place
    32  where such oath was administered need not  be  disclosed.  The  oath  of
    33  office of a notary public or commissioner of deeds shall be filed in the
    34  office  of the clerk of the county in which he shall reside. The oath of
    35  office of every state officer shall be filed in the office of the secre-
    36  tary of state; of every officer of a municipal corporation, including  a
    37  school  district,  with  the  clerk thereof; and of every other officer,
    38  including the trustees and officers of a public library and the officers
    39  of boards of cooperative educational services,  in  the  office  of  the
    40  clerk  of  the county in which he shall reside, if no place be otherwise
    41  provided by law for the filing thereof.
    42    2. The oath of office of a statewide elected official, member  of  the
    43  legislature,  head  of a state agency or elected local official, as such
    44  terms are used in section seventy-three-a  of  this  chapter,  shall  be
    45  filed  together  with  a  certification that such official will annually
    46  file his or her New York state income tax return with the joint  commis-
    47  sion  on  public  ethics  as required by section seventy-three-a of this
    48  chapter.  Notwithstanding the provisions of subdivision (e)  of  section
    49  six  hundred  ninety-seven of the tax law, such certification shall also
    50  constitute authorization for the department of taxation and  finance  to
    51  disclose  to the joint commission on public ethics any income tax return
    52  filed with such department that was  required  to  be  filed  with  such
    53  commission  pursuant  to  section  seventy-three-a  of this chapter upon

        S. 7505                            73                            A. 9505

     1  notification by such commission that such return was  not  filed  as  so
     2  required.
     3    §  2.  Section  13  of  the  public officers law is amended to read as
     4  follows:
     5    § 13. Notice of neglect to file oath or undertaking.  The  officer  or
     6  body making the appointment or certificate of election of a public offi-
     7  cer shall, if the officer be required to give an official undertaking to
     8  be  filed  in an office other than that in which the written appointment
     9  or certificate of election is to be filed, forthwith give written notice
    10  of such appointment or election to  the  officer  in  whose  office  the
    11  undertaking  is  to be filed. The officer or body making the appointment
    12  or certificate of election of a statewide elected  official,  member  of
    13  the  legislature,  head  of a state agency or elected local official, as
    14  such terms are used in section seventy-three-a of  this  chapter,  shall
    15  also  forthwith  give  written notice of such appointment or election to
    16  the joint commission on public ethics. If  any  officer  shall  neglect,
    17  within  the  time required by law, to take and file an official oath, or
    18  execute and file an official undertaking, the officer, with whom  or  in
    19  whose  office  such  oath  or undertaking is required to be filed, shall
    20  forthwith give notice of such neglect, if of an appointive  officer,  to
    21  the authority appointing such officer; if of an elective officer, to the
    22  officer,  board  or body authorized to fill a vacancy in such office, if
    23  any, or if none and a vacancy in the office may be filled by  a  special
    24  election,  to  the  officer,  board  or  body authorized to call or give
    25  notice of a special election to  fill  such  vacancy;  except  that  the
    26  notice  of  failure of a justice of the peace to file his official oath,
    27  shall be given to the town clerk of the town for which the  justice  was
    28  elected.
    29    § 3. Paragraph h of subdivision 1 of section 30 of the public officers
    30  law,  as  amended by chapter 209 of the laws of 1954, is amended to read
    31  as follows:
    32    h. His refusal or neglect to file  his  official  oath,  certification
    33  pursuant to subdivision two of section ten of this chapter, if required,
    34  or  undertaking,  if one is required, before or within thirty days after
    35  the commencement of the term of office for which he  is  chosen,  if  an
    36  elective  office,  or  if an appointive office, within thirty days after
    37  notice of his appointment, or within thirty days after the  commencement
    38  of  such term; or to file a renewal undertaking within the time required
    39  by law, or if no time be so specified, within thirty days  after  notice
    40  to  him  in pursuance of law, that such renewal undertaking is required.
    41  The neglect or failure of any state or local officer to execute and file
    42  his oath of office, certification required by subdivision two of section
    43  ten of this chapter and official undertaking  within  the  time  limited
    44  therefor  by law, shall not create a vacancy in the office if such offi-
    45  cer was on active duty in the armed forces  of  the  United  States  and
    46  absent  from  the county of his residence at the time of his election or
    47  appointment, and shall take his oath of office and execute his  official
    48  undertaking  within  thirty days after receipt of notice of his election
    49  or appointment, and provided such oath of office, certification required
    50  by subdivision two of section ten of this chapter and official undertak-
    51  ing be filed within ninety days following the date it has been taken and
    52  subscribed, any inconsistent provision  of  law,  general,  special,  or
    53  local to the contrary, notwithstanding.
    54    §  4.  Subdivision  1  of  section  73-a of the public officers law is
    55  amended by adding a new paragraph (n) to read as follows:

        S. 7505                            74                            A. 9505

     1    (n) The term "elected local official" shall mean an  elected  official
     2  of  a local agency who receives annual compensation for such position in
     3  excess of one hundred thousand dollars.
     4    §  5.  Paragraphs (a), (e) and (k) of subdivision 2 of section 73-a of
     5  public officers law, paragraphs (a) and (e) as amended and paragraph (k)
     6  as added by section 5 of part A of chapter 399 of the laws of 2011,  are
     7  amended to read as follows:
     8    (a)  Every  statewide  elected  official,  state  officer or employee,
     9  member of the legislature,  legislative  employee  and  political  party
    10  chairman  and every candidate for statewide elected office or for member
    11  of the legislature shall file an annual statement of  financial  disclo-
    12  sure containing the information and in the form set forth in subdivision
    13  three  of this section.  Every statewide elected official, member of the
    14  legislature, or head of a  state  agency  shall  also  file,  and  every
    15  elected  local  official  shall file a copy of his or her New York state
    16  income tax return, including  any  schedules  and  attachments  to  such
    17  return,  for  the  preceding year. On or before the fifteenth day of May
    18  with respect to the preceding calendar year: (1)  every  member  of  the
    19  legislature,  every candidate for member of the legislature and legisla-
    20  tive  employee  shall  file  such  statement,and  such  tax  return,  if
    21  required,  with  the  legislative  ethics commission which shall provide
    22  such statement along with any requests for exemptions or deletions,  and
    23  such  tax  return, if required, to the joint commission on public ethics
    24  for filing and rulings with respect to such requests for  exemptions  or
    25  deletions,  on  or before the thirtieth day of June; [and] (2) all other
    26  individuals required to file such statement shall file it, and such  tax
    27  return, if required, with the joint commission on public ethics; and (3)
    28  any  elected local official shall file such tax return with such commis-
    29  sion, except that:
    30    (i) a person who is subject to  the  reporting  requirements  of  this
    31  subdivision  and  who  timely filed with the internal revenue service an
    32  application for automatic extension of time in which to file his or  her
    33  individual  income  tax return for the immediately preceding calendar or
    34  fiscal year shall be required to file such financial  disclosure  state-
    35  ment  on or before May fifteenth but may, without being subjected to any
    36  civil penalty on account of a deficient statement, indicate with respect
    37  to any item of the disclosure statement that  information  with  respect
    38  thereto  is lacking but will be supplied in a supplementary statement of
    39  financial disclosure, which shall be filed, together with  any  required
    40  tax  return,  on  or  before the seventh day after the expiration of the
    41  period of such automatic extension of time within  which  to  file  such
    42  individual income tax return, provided that failure to file or to timely
    43  file  such supplementary statement of financial disclosure or the filing
    44  of an incomplete  or  deficient  supplementary  statement  of  financial
    45  disclosure shall be subject to the notice and penalty provisions of this
    46  section  respecting annual statements of financial disclosure as if such
    47  supplementary statement were an annual statement;
    48    (ii) a person who is required to file an annual  financial  disclosure
    49  statement with the joint commission on public ethics, and who is granted
    50  an  additional period of time within which to file such statement due to
    51  justifiable cause or undue hardship, in accordance with  required  rules
    52  and  regulations on the subject adopted pursuant to paragraph [c] (c) of
    53  subdivision nine of section ninety-four of the executive law shall  file
    54  such  statement  within  the  additional period of time granted; and the
    55  legislative ethics commission  shall  notify  the  joint  commission  on
    56  public ethics of any extension granted pursuant to this paragraph;

        S. 7505                            75                            A. 9505

     1    (iii)  candidates for statewide office who receive a party designation
     2  for nomination by a state committee pursuant to  section  6-104  of  the
     3  election law shall file such statement within ten days after the date of
     4  the meeting at which they are so designated;
     5    (iv)  candidates  for statewide office who receive twenty-five percent
     6  or more of the vote cast at the meeting  of  the  state  committee  held
     7  pursuant  to  section  6-104  of the election law and who demand to have
     8  their names placed on the primary ballot and who do not withdraw  within
     9  fourteen  days  after  such meeting shall file such statement within ten
    10  days after the last day to withdraw their names in accordance  with  the
    11  provisions of such section of the election law;
    12    (v)  candidates  for statewide office and candidates for member of the
    13  legislature who file party designating petitions  for  nomination  at  a
    14  primary  election  shall  file  such statement within ten days after the
    15  last day allowed by law for the filing of  party  designating  petitions
    16  naming them as candidates for the next succeeding primary election;
    17    (vi)  candidates  for  independent nomination who have not been desig-
    18  nated by a party to receive a nomination shall file such statement with-
    19  in ten days after the last day allowed by law for the  filing  of  inde-
    20  pendent  nominating  petitions  naming  them  as  candidates in the next
    21  succeeding general or special election;
    22    (vii) candidates who receive the nomination of a party for  a  special
    23  election shall file such statement within ten days after the date of the
    24  meeting of the party committee at which they are nominated;
    25    (viii)  a  candidate  substituted  for  another candidate, who fills a
    26  vacancy in a party designation or in an independent  nomination,  caused
    27  by declination, shall file such statement within ten days after the last
    28  day allowed by law to file a certificate to fill a vacancy in such party
    29  designation or independent nomination;
    30    (ix) with respect to all candidates for member of the legislature, the
    31  legislative  ethics commission shall within five days of receipt provide
    32  the joint commission on public ethics the statement  filed  pursuant  to
    33  subparagraphs (v), (vi), (vii) and (viii) of this paragraph.
    34    (e)  Any  person  required to file such statement and/or file such tax
    35  return who commences employment after May  fifteenth  of  any  year  and
    36  political  party  chairman  shall  file such statement and, if required,
    37  such tax return within thirty days after  commencing  employment  or  of
    38  taking  the position of political party chairman, as the case may be. In
    39  the case of members of the legislature and legislative  employees,  such
    40  statements  shall be filed with the legislative ethics commission within
    41  thirty days after commencing  employment,  and  the  legislative  ethics
    42  commission  shall  provide  such  statements  to the joint commission on
    43  public ethics within forty-five days of receipt.
    44    (k) The joint commission on public ethics shall: (i) post for at least
    45  five years beginning for filings made on  January  first,  two  thousand
    46  thirteen the annual statement of financial disclosure and any amendments
    47  filed  by  each  person  subject  to  the reporting requirements of this
    48  subdivision who is an elected official on its website for public  review
    49  within  thirty  days of its receipt of such statement or within ten days
    50  of its receipt of such amendment that reflects any corrections of  defi-
    51  ciencies  identified  by  the  commission or by the reporting individual
    52  after the reporting individual's initial filing. Except upon an individ-
    53  ual determination by the commission  that  certain  information  may  be
    54  deleted  from  a  reporting  individual's  annual statement of financial
    55  disclosure, none of the information  in  the  statement  posted  on  the
    56  commission's website shall be otherwise deleted;

        S. 7505                            76                            A. 9505

     1    (ii)  post  for at least five years beginning for filings made for the
     2  two thousand nineteen calendar year any income tax return filed pursuant
     3  to this subdivision, provided, however, that prior to  posting  any  tax
     4  return to the commission shall redact such information as it, in consul-
     5  tation with the commissioner of taxation and finance or his or her dele-
     6  gate,  deems  appropriate or required by law. An official shall be enti-
     7  tled to request at the  time  of  filing  of  a  tax  return  particular
     8  redactions  to  such  return  that the commission shall make if it deems
     9  such redactions to be appropriate.
    10    § 6. The election law is amended by adding a new section 6-169 to read
    11  as follows:
    12    § 6-169. Notice of  transparency  requirements.  The  state  board  of
    13  elections  or other board of elections, as the case may be, shall notify
    14  each person nominated or designated as a candidate for elective  office,
    15  not  later than ten days after such nomination or designation, that such
    16  office may be subject to certification requirements pursuant to  section
    17  ten  of the public officers law and subject to financial and tax disclo-
    18  sure requirements pursuant to  section  seventy-three-a  of  the  public
    19  officers law.
    20    §  7.  This  act  shall  take  effect  immediately  and shall apply to
    21  elections conducted and appointments made on or after such date.

    22                                   PART UU

    23    Section 1. Section 172-b of the executive law is amended by  adding  a
    24  new subdivision 9 to read as follows:
    25    9.  Any registered charitable organization that is required to file an
    26  annual financial report pursuant to  subdivision  one  or  two  of  this
    27  section,  or that is required to file a funding disclosure report pursu-
    28  ant to section one hundred  seventy-two-e  of  this  article,  and/or  a
    29  financial   disclosure   report   pursuant   to   section   one  hundred
    30  seventy-two-f of this article for a reporting period during the applica-
    31  ble fiscal year shall also be required to  file  such  annual  financial
    32  report,  including  all required forms and attachments, with the depart-
    33  ment of taxation and finance.
    34    § 1-a.  Subdivision 2 of section 172-e of the executive law, as  added
    35  by section 1 of part F of chapter 286 of the laws of 2016, is amended to
    36  read as follows:
    37    2. Funding disclosure reports to be filed by covered entities. (a) Any
    38  covered  entity  that  makes  an in-kind donation in excess of [two] ten
    39  thousand [five hundred] dollars to a recipient entity during a  relevant
    40  reporting period shall file a funding disclosure report with the depart-
    41  ment of law. The funding disclosure report shall include:
    42    (i)  the  name and address of the covered entity that made the in-kind
    43  donation;
    44    (ii) the name and address of the recipient  entity  that  received  or
    45  benefitted from the in-kind donation;
    46    (iii)  the  names  of  any persons who exert operational or managerial
    47  control over the covered entity. The disclosures required by this  para-
    48  graph shall include the name of at least one natural person;
    49    (iv)  the  date  [the  in-kind]  such donation was made by the covered
    50  entity; and
    51    (v) [any donation in excess of two thousand five  hundred  dollars  to
    52  the  covered  entity  during the relevant reporting period including the
    53  identity of the donor of any such donation] a  detailed  description  of
    54  the  in-kind donation, including the charitable purpose advanced by such

        S. 7505                            77                            A. 9505

     1  donation, if any, and any restrictions on the use of  such  donation  by
     2  the recipient entity.
     3    [(vi) the date of any such donation to a covered entity.]
     4    (b) The covered entity shall file a funding disclosure report with the
     5  department  of  law  and  the  department of taxation and finance within
     6  thirty days of the close of a reporting period.
     7    § 2. Subdivision 2 of section 172-f of the executive law, as added  by
     8  section  1  of  part G of chapter 286 of the laws of 2016, is amended to
     9  read as follows:
    10    2. Disclosure of expenditures  for  covered  communications.  (a)  Any
    11  covered  entity that makes expenditures for covered communications in an
    12  aggregate amount or fair market value exceeding ten thousand dollars  in
    13  a  calendar  year  shall  file  a  financial  disclosure report with the
    14  department of law. The financial disclosure report shall include:
    15    (i) the name and address of the covered entity that made the  expendi-
    16  ture for covered communications;
    17    (ii)  the  name  or  names of any individuals who exert operational or
    18  managerial control over the covered entity. The disclosures required  by
    19  this paragraph shall include the name of at least one natural person;
    20    (iii) a detailed description of the covered communication;
    21    (iv)  the  dollar amount paid for each covered communication, the name
    22  and address of the person or entity receiving the payment, and the  date
    23  the payment was made; and
    24    [(iv)]  (v) for any restricted donation received by the covered entity
    25  in whole or in part for the support of the  covered  communication,  the
    26  name  and  address of any individual, corporation, association, or group
    27  that made a donation [of one thousand dollars or more]  to  the  covered
    28  entity  and  the  date of such donation, and the amount of the donation,
    29  together with a description of any restriction.
    30    (b) The covered entity shall file a financial disclosure  report  with
    31  the  department of law and the department of taxation and finance within
    32  thirty days of the close of a reporting period.
    33    (c) If a covered entity keeps one or  more  segregated  bank  accounts
    34  containing funds used solely for covered communications and makes all of
    35  its  expenditures  for  covered  communications from such accounts, then
    36  with respect to donations included in subparagraph [(iv)] (v)  of  para-
    37  graph  (a)  of  this subdivision, the financial report need only include
    38  donations deposited into such accounts.
    39    § 3. Section 172-e of the executive law is amended  by  adding  a  new
    40  subdivision 4 to read as follows:
    41    4.  If  a  covered  entity's or recipient entity's annual report filed
    42  pursuant to section one hundred seventy-two of  this  article  does  not
    43  include  a  completed  Internal  Revenue Service Form 990 schedule B and
    44  that covered entity makes, or that recipient entity receives, qualifying
    45  donations pursuant to subdivision two of this section, that entity shall
    46  in addition to filing a disclosure with the department of law, also file
    47  with the department of taxation and finance a complete Internal  Revenue
    48  Service  Form 990 Schedule B, regardless of whether such form is submit-
    49  ted or required to be submitted to the Internal Revenue Service.
    50    § 4. Section 172-f of the executive law is amended  by  adding  a  new
    51  subdivision 4 to read as follows:
    52    4.  If  a covered entity's annual report filed pursuant to section one
    53  hundred seventy-two of this article does not include a completed  Inter-
    54  nal Revenue Service Form 990 schedule B, the entity shall in addition to
    55  filing  a  disclosure  with  the  department  of law, also file with the
    56  department of taxation and finance a complete Internal  Revenue  Service

        S. 7505                            78                            A. 9505

     1  Form  990  schedule  B,  regardless of whether such form is submitted or
     2  required to be submitted to the Internal Revenue Service.
     3    § 5. Section 171 of the tax law is amended by adding a new subdivision
     4  twenty-ninth to read as follows:
     5    Twenty-ninth.  The  commissioner  shall  receive  all  annual  reports
     6  required to be filed with the department pursuant to either  subdivision
     7  one  or  two  of section one hundred seventy-two-b of the executive law,
     8  subdivision four of section one hundred seventy-two-e of  the  executive
     9  law,  or  subdivision  four  of section one hundred seventy-two-f of the
    10  executive law and shall  publish  such  schedules  on  the  department's
    11  website.
    12    §  6.  This  act shall take effect on the thirtieth day after it shall
    13  have become a law.

    14                                   PART VV

    15    Section 1. The state comptroller is hereby authorized and directed  to
    16  loan  money in accordance with the provisions set forth in subdivision 5
    17  of section 4 of the state finance law  to  the  following  funds  and/or
    18  accounts:
    19    1. DOL-Child performer protection account (20401).
    20    2. Proprietary vocational school supervision account (20452).
    21    3. Local government records management account (20501).
    22    4. Child health plus program account (20810).
    23    5. EPIC premium account (20818).
    24    6. Education - New (20901).
    25    7. VLT - Sound basic education fund (20904).
    26    8.   Sewage  treatment  program  management  and  administration  fund
    27  (21000).
    28    9. Hazardous bulk storage account (21061).
    29    10. Utility environmental regulatory account (21064).
    30    11. Federal grants indirect cost recovery account (21065).
    31    12. Low level radioactive waste account (21066).
    32    13. Recreation account (21067).
    33    14. Public safety recovery account (21077).
    34    15. Environmental regulatory account (21081).
    35    16. Natural resource account (21082).
    36    17. Mined land reclamation program account (21084).
    37    18. Great lakes restoration initiative account (21087).
    38    19. Environmental protection and oil spill compensation fund (21200).
    39    20. Public transportation systems account (21401).
    40    21. Metropolitan mass transportation (21402).
    41    22. Operating permit program account (21451).
    42    23. Mobile source account (21452).
    43    24.  Statewide  planning  and  research  cooperative  system   account
    44  (21902).
    45    25. New York state thruway authority account (21905).
    46    26. Mental hygiene program fund account (21907).
    47    27. Mental hygiene patient income account (21909).
    48    28. Financial control board account (21911).
    49    29. Regulation of racing account (21912).
    50    30. State university dormitory income reimbursable account (21937).
    51    31. Criminal justice improvement account (21945).
    52    32. Environmental laboratory reference fee account (21959).
    53    33. Training, management and evaluation account (21961).
    54    34. Clinical laboratory reference system assessment account (21962).

        S. 7505                            79                            A. 9505

     1    35. Indirect cost recovery account (21978).
     2    36. High school equivalency program account (21979).
     3    37. Multi-agency training account (21989).
     4    38. Bell jar collection account (22003).
     5    39. Industry and utility service account (22004).
     6    40. Real property disposition account (22006).
     7    41. Parking account (22007).
     8    42. Courts special grants (22008).
     9    43. Asbestos safety training program account (22009).
    10    44. Camp Smith billeting account (22017).
    11    45. Batavia school for the blind account (22032).
    12    46. Investment services account (22034).
    13    47. Surplus property account (22036).
    14    48. Financial oversight account (22039).
    15    49. Regulation of Indian gaming account (22046).
    16    50. Rome school for the deaf account (22053).
    17    51. Seized assets account (22054).
    18    52. Administrative adjudication account (22055).
    19    53. Federal salary sharing account (22056).
    20    54. New York City assessment account (22062).
    21    55. Cultural education account (22063).
    22    56. Local services account (22078).
    23    57. DHCR mortgage servicing account (22085).
    24    58. Housing indirect cost recovery account (22090).
    25    59. DHCR-HCA application fee account (22100).
    26    60. Low income housing monitoring account (22130).
    27    61. Corporation administration account (22135).
    28    62.  New  York  State  Home  for  Veterans  in the Lower-Hudson Valley
    29  account (22144).
    30    63. Deferred compensation administration account (22151).
    31    64. Rent revenue other New York City account (22156).
    32    65. Rent revenue account (22158).
    33    66. Tax revenue arrearage account (22168).
    34    67. New York state medical indemnity fund account (22240).
    35    68. State university general income offset account (22654).
    36    69. Lake George park trust fund account (22751).
    37    70. State police motor vehicle law enforcement account (22802).
    38    71. Highway safety program account (23001).
    39    72. DOH drinking water program account (23102).
    40    73. NYCCC operating offset account (23151).
    41    74. Commercial gaming revenue account (23701).
    42    75. Commercial gaming regulation account (23702).
    43    76. Highway use tax administration account (23801).
    44    77. New York state secure choice administrative account (23806).
    45    78. Fantasy sports administration account (24951).
    46    79. Highway and bridge capital account (30051).
    47    80. Aviation purpose account (30053).
    48    81. State university residence hall rehabilitation fund (30100).
    49    82. State parks infrastructure account (30351).
    50    83. Clean water/clean air implementation fund (30500).
    51    84. Hazardous waste remedial cleanup account (31506).
    52    85. Youth facilities improvement account (31701).
    53    86. Housing assistance fund (31800).
    54    87. Housing program fund (31850).
    55    88. Highway facility purpose account (31951).
    56    89. Information technology capital financing account (32215).

        S. 7505                            80                            A. 9505

     1    90. New York racing account (32213).
     2    91. Capital miscellaneous gifts account (32214).
     3    92.  New  York  environmental protection and spill remediation account
     4  (32219).
     5    93. Mental hygiene facilities capital improvement fund (32300).
     6    94. Correctional facilities capital improvement fund (32350).
     7    95. New York State Storm Recovery Capital Fund (33000).
     8    96. OGS convention center account (50318).
     9    97. Empire Plaza Gift Shop (50327).
    10    98. Centralized services fund (55000).
    11    99. Archives records management account (55052).
    12    100. Federal single audit account (55053).
    13    101. Civil service EHS occupational health program account (55056).
    14    102. Banking services account (55057).
    15    103. Cultural resources survey account (55058).
    16    104. Neighborhood work project account (55059).
    17    105. Automation & printing chargeback account (55060).
    18    106. OFT NYT account (55061).
    19    107. Data center account (55062).
    20    108. Intrusion detection account (55066).
    21    109. Domestic violence grant account (55067).
    22    110. Centralized technology services account (55069).
    23    111. Labor contact center account (55071).
    24    112. Human services contact center account (55072).
    25    113. Tax contact center account (55073).
    26    114. Department of law civil recoveries account (55074).
    27    115. Executive direction internal audit account (55251).
    28    116. CIO Information technology centralized services account (55252).
    29    117. Health insurance internal service account (55300).
    30    118. Civil service employee benefits division  administrative  account
    31  (55301).
    32    119. Correctional industries revolving fund (55350).
    33    120. Employees health insurance account (60201).
    34    121. Medicaid management information system escrow fund (60900).
    35    122. New York state cannabis revenue fund.
    36    123. Behavioral health parity compliance fund.
    37    § 1-a. The state comptroller is hereby authorized and directed to loan
    38  money  in  accordance  with the provisions set forth in subdivision 5 of
    39  section 4 of the state finance law to any account within  the  following
    40  federal  funds,  provided  the comptroller has made a determination that
    41  sufficient federal grant award authority is available to reimburse  such
    42  loans:
    43    1. Federal USDA-food and nutrition services fund (25000).
    44    2. Federal health and human services fund (25100).
    45    3. Federal education fund (25200).
    46    4. Federal block grant fund (25250).
    47    5. Federal miscellaneous operating grants fund (25300).
    48    6. Federal unemployment insurance administration fund (25900).
    49    7. Federal unemployment insurance occupational training fund (25950).
    50    8. Federal emergency employment act fund (26000).
    51    9. Federal capital projects fund (31350).
    52    §  2.  Notwithstanding any law to the contrary, and in accordance with
    53  section 4 of the state finance law, the comptroller is hereby authorized
    54  and directed to transfer, upon request of the director of the budget, on
    55  or before March 31, 2021, up to the unencumbered balance or the  follow-
    56  ing amounts:

        S. 7505                            81                            A. 9505

     1    Economic Development and Public Authorities:
     2    1.  $175,000  from the miscellaneous special revenue fund, underground
     3  facilities safety training account (22172), to the general fund.
     4    2. An amount up to the unencumbered  balance  from  the  miscellaneous
     5  special  revenue  fund, business and licensing services account (21977),
     6  to the general fund.
     7    3. $14,810,000 from  the  miscellaneous  special  revenue  fund,  code
     8  enforcement account (21904), to the general fund.
     9    4.  $3,000,000  from  the  general  fund  to the miscellaneous special
    10  revenue fund, tax revenue arrearage account (22168).
    11    Education:
    12    1. $2,487,000,000 from the general fund to  the  state  lottery  fund,
    13  education  account (20901), as reimbursement for disbursements made from
    14  such fund for supplemental aid to education pursuant to section 92-c  of
    15  the  state  finance  law  that are in excess of the amounts deposited in
    16  such fund for such purposes pursuant to section 1612 of the tax law.
    17    2. $978,000,000 from the general fund to the state lottery  fund,  VLT
    18  education  account (20904), as reimbursement for disbursements made from
    19  such fund for supplemental aid to education pursuant to section 92-c  of
    20  the  state  finance  law  that are in excess of the amounts deposited in
    21  such fund for such purposes pursuant to section 1612 of the tax law.
    22    3. $168,000,000 from the general fund to the New York state commercial
    23  gaming fund, commercial gaming revenue account (23701), as reimbursement
    24  for disbursements made from such fund for supplemental aid to  education
    25  pursuant  to section 97-nnnn of the state finance law that are in excess
    26  of the amounts deposited in such fund for purposes pursuant  to  section
    27  1352 of the racing, pari-mutuel wagering and breeding law.
    28    4. $5,000,000 from the interactive fantasy sports fund, fantasy sports
    29  education  account (24950), to the state lottery fund, education account
    30  (20901), as reimbursement for disbursements  made  from  such  fund  for
    31  supplemental  aid  to  education  pursuant  to section 92-c of the state
    32  finance law.
    33    5. An amount up to the unencumbered balance from the charitable  gifts
    34  trust  fund,  elementary and secondary education account (24901), to the
    35  general fund, for payment of general support for public schools pursuant
    36  to section 3609-a of the education law.
    37    6. Moneys from the state lottery fund (20900) up to an amount deposit-
    38  ed in such fund pursuant to section 1612 of the tax law in excess of the
    39  current year appropriation for supplemental aid to education pursuant to
    40  section 92-c of the state finance law.
    41    7. $300,000 from the New York state local government  records  manage-
    42  ment  improvement  fund,  local  government  records  management account
    43  (20501), to the New York state archives partnership trust fund, archives
    44  partnership trust maintenance account (20351).
    45    8. $900,000 from the general fund to the miscellaneous special revenue
    46  fund, Batavia school for the blind account (22032).
    47    9. $900,000 from the general fund to the miscellaneous special revenue
    48  fund, Rome school for the deaf account (22053).
    49    10. $343,400,000 from  the  state  university  dormitory  income  fund
    50  (40350)  to  the  miscellaneous  special  revenue fund, state university
    51  dormitory income reimbursable account (21937).
    52    11. $8,318,000 from the general fund to the  state  university  income
    53  fund,  state  university  income offset account (22654), for the state's
    54  share of repayment of the STIP loan.
    55    12. $47,000,000 from the state university income fund, state universi-
    56  ty hospitals income reimbursable account (22656) to the general fund for

        S. 7505                            82                            A. 9505

     1  hospital debt service for the period April 1,  2020  through  March  31,
     2  2021.
     3    13. $25,390,000 from the miscellaneous special revenue fund, office of
     4  the  professions  account (22051), to the miscellaneous capital projects
     5  fund, office of the professions electronic licensing account (32222).
     6    14. $24,000,000 from any of the state education  department's  special
     7  revenue  and internal service funds to the miscellaneous special revenue
     8  fund, indirect cost recovery account (21978).
     9    15. $4,200,000 from any of the state  education  department's  special
    10  revenue or internal service funds to the capital projects fund (30000).
    11    16.  $1,500,000 from the miscellaneous special revenue fund, office of
    12  the professions account (22051), to the general fund from  fees  charged
    13  to  each non-licensee owner of a firm that is incorporating as a profes-
    14  sional service corporation formed to lawfully engage in the practice  of
    15  public accountancy.
    16    Environmental Affairs:
    17    1.  $16,000,000  from any of the department of environmental conserva-
    18  tion's special revenue federal funds to the  environmental  conservation
    19  special revenue fund, federal indirect recovery account (21065).
    20    2.  $5,000,000  from  any of the department of environmental conserva-
    21  tion's special revenue federal funds to the conservation fund (21150) or
    22  Marine Resources Account (21151) as  necessary  to  avoid  diversion  of
    23  conservation funds.
    24    3. $3,000,000 from any of the office of parks, recreation and historic
    25  preservation  capital projects federal funds and special revenue federal
    26  funds to the miscellaneous special revenue fund, federal grant  indirect
    27  cost recovery account (22188).
    28    4. $1,000,000 from any of the office of parks, recreation and historic
    29  preservation  special revenue federal funds to the miscellaneous capital
    30  projects fund, I love NY water account (32212).
    31    5. $28,000,000 from the general fund to the  environmental  protection
    32  fund, environmental protection fund transfer account (30451).
    33    6.  $1,800,000  from  the general fund to the hazardous waste remedial
    34  fund, hazardous waste oversight and assistance account (31505).
    35    7. An amount up to or equal to the cash  balance  within  the  special
    36  revenue-other  waste management & cleanup account (21053) to the capital
    37  projects fund (30000) for services and capital expenses related  to  the
    38  management  and  cleanup  program as put forth in section 27-1915 of the
    39  environmental conservation law.
    40    8. $3,600,000 from the  miscellaneous  special  revenue  fund,  public
    41  service account (22011) to the miscellaneous special revenue fund, util-
    42  ity environmental regulatory account (21064).
    43    9. $4,000,000 from the general fund to the enterprise fund, state fair
    44  account (50051).
    45    Family Assistance:
    46    1.  $7,000,000 from any of the office of children and family services,
    47  office of temporary and disability assistance, or department  of  health
    48  special  revenue  federal funds and the general fund, in accordance with
    49  agreements with social services districts, to the miscellaneous  special
    50  revenue  fund, office of human resources development state match account
    51  (21967).
    52    2. $4,000,000 from any of the office of children and  family  services
    53  or office of temporary and disability assistance special revenue federal
    54  funds to the miscellaneous special revenue fund, family preservation and
    55  support services and family violence services account (22082).

        S. 7505                            83                            A. 9505

     1    3. $18,670,000 from any of the office of children and family services,
     2  office  of  temporary and disability assistance, or department of health
     3  special revenue federal  funds  and  any  other  miscellaneous  revenues
     4  generated  from  the operation of office of children and family services
     5  programs to the general fund.
     6    4.  $125,000,000  from  any  of the office of temporary and disability
     7  assistance or department of health special revenue funds to the  general
     8  fund.
     9    5.  $2,500,000  from  any  of  the  office of temporary and disability
    10  assistance special revenue funds to the  miscellaneous  special  revenue
    11  fund,  office  of  temporary  and  disability assistance program account
    12  (21980).
    13    6. $35,000,000 from any of the office of children and family services,
    14  office of temporary and disability assistance, department of labor,  and
    15  department  of  health  special  revenue  federal funds to the office of
    16  children and family services miscellaneous special revenue fund,  multi-
    17  agency training contract account (21989).
    18    7.  $205,000,000  from  the  miscellaneous special revenue fund, youth
    19  facility per diem account (22186), to the general fund.
    20    8. $621,850 from the general fund to the combined gifts,  grants,  and
    21  bequests fund, WB Hoyt Memorial account (20128).
    22    9.  $5,000,000  from  the  miscellaneous  special  revenue fund, state
    23  central registry (22028), to the general fund.
    24    10. $600,000 from the miscellaneous  special  revenue  fund,  veterans
    25  remembrance  and cemetery maintenance and operation fund (20201), to the
    26  capital projects fund (30000).
    27    General Government:
    28    1. $1,566,000 from the miscellaneous special revenue fund, examination
    29  and miscellaneous revenue account (22065) to the general fund.
    30    2. $12,000,000 from the general fund to the health insurance revolving
    31  fund (55300).
    32    3. $292,400,000  from  the  health  insurance  reserve  receipts  fund
    33  (60550) to the general fund.
    34    4. $150,000 from the general fund to the not-for-profit revolving loan
    35  fund (20650).
    36    5. $150,000 from the not-for-profit revolving loan fund (20650) to the
    37  general fund.
    38    6.  $3,000,000  from  the  miscellaneous special revenue fund, surplus
    39  property account (22036), to the general fund.
    40    7. $19,000,000 from the miscellaneous special  revenue  fund,  revenue
    41  arrearage account (22024), to the general fund.
    42    8.  $1,826,000  from  the  miscellaneous special revenue fund, revenue
    43  arrearage account (22024), to the miscellaneous  special  revenue  fund,
    44  authority budget office account (22138).
    45    9.  $1,000,000  from  the  agencies  enterprise fund, parking services
    46  account (22007), to the general fund, for the purpose of reimbursing the
    47  costs of debt service related to state parking facilities.
    48    10. $9,628,000 from the general fund to the centralized services fund,
    49  COPS account (55013).
    50    11. $11,460,000 from the general fund to the agencies internal service
    51  fund, central technology services account (55069), for  the  purpose  of
    52  enterprise technology projects.
    53    12. $10,000,000 from the general fund to the agencies internal service
    54  fund, state data center account (55062).
    55    13.  $20,000,000 from the miscellaneous special revenue fund, workers'
    56  compensation account (21995),  to  the  miscellaneous  capital  projects

        S. 7505                            84                            A. 9505

     1  fund,  workers'  compensation  board  IT  business  process design fund,
     2  (32218).
     3    14.  $12,000,000  from  the agencies enterprise fund, parking services
     4  account (22007), to the centralized services, building support  services
     5  account (55018).
     6    15.  $30,000,000  from  the general fund to the internal service fund,
     7  business services center account (55022).
     8    16. $8,000,000 from the general fund to  the  internal  service  fund,
     9  building support services account (55018).
    10    17.  $1,500,000  from  the  agencies  enterprise  fund, special events
    11  account (20120), to the general fund.
    12    Health:
    13    1. A transfer from the general fund to the combined gifts, grants  and
    14  bequests  fund, breast cancer research and education account (20155), up
    15  to an amount equal to the  monies  collected  and  deposited  into  that
    16  account in the previous fiscal year.
    17    2.  A transfer from the general fund to the combined gifts, grants and
    18  bequests  fund,  prostate  cancer  research,  detection,  and  education
    19  account  (20183),  up  to  an  amount  equal to the moneys collected and
    20  deposited into that account in the previous fiscal year.
    21    3. A transfer from the general fund to the combined gifts, grants  and
    22  bequests  fund,  Alzheimer's  disease  research  and  assistance account
    23  (20143), up to an amount equal to the  moneys  collected  and  deposited
    24  into that account in the previous fiscal year.
    25    4.  $33,134,000  from the HCRA resources fund (20800) to the miscella-
    26  neous special revenue fund, empire state stem cell  trust  fund  account
    27  (22161).
    28    5. $6,000,000 from the miscellaneous special revenue fund, certificate
    29  of  need  account  (21920),  to the miscellaneous capital projects fund,
    30  healthcare IT capital subfund (32216).
    31    6. $2,000,000 from  the  miscellaneous  special  revenue  fund,  vital
    32  health  records  account  (22103), to the miscellaneous capital projects
    33  fund, healthcare IT capital subfund (32216).
    34    7. $2,000,000 from the miscellaneous  special  revenue  fund,  profes-
    35  sional  medical  conduct  account  (22088), to the miscellaneous capital
    36  projects fund, healthcare IT capital subfund (32216).
    37    8. $91,304,000 from the HCRA resources fund  (20800)  to  the  capital
    38  projects fund (30000).
    39    9.  $6,550,000  from  the  general fund to the medical marihuana trust
    40  fund, health operation and oversight account (23755).
    41    10. An amount up to the unencumbered balance  from  the  miscellaneous
    42  special revenue fund, certificate of need account (21920), to the gener-
    43  al fund.
    44    11. An amount up to the unencumbered balance from the charitable gifts
    45  trust  fund, health charitable account (24900), to the general fund, for
    46  payment of general support for primary, preventive, and inpatient health
    47  care, dental and vision care, hunger prevention and nutritional  assist-
    48  ance,  and  other services for New York state residents with the overall
    49  goal of ensuring that New York state residents have  access  to  quality
    50  health care and other related services.
    51    12.  $3,000,000  from the miscellaneous special revenue fund, New York
    52  State cannabis revenue fund, to the general fund.
    53    Labor:
    54    1. $600,000 from the miscellaneous special revenue fund, DOL  fee  and
    55  penalty account (21923), to the child performer's protection fund, child
    56  performer protection account (20401).

        S. 7505                            85                            A. 9505

     1    2.  $11,700,000  from  the unemployment insurance interest and penalty
     2  fund,  unemployment  insurance  special  interest  and  penalty  account
     3  (23601), to the general fund.
     4    3.  $5,000,000  from  the miscellaneous special revenue fund, workers'
     5  compensation account (21995), to  the  training  and  education  program
     6  occupation  safety  and health fund, OSHA-training and education account
     7  (21251) and occupational health inspection account (21252).
     8    Mental Hygiene:
     9    1. $10,000,000 from the general fund,  to  the  miscellaneous  special
    10  revenue fund, federal salary sharing account (22056).
    11    2.  $3,800,000 from the general fund, to the agencies internal service
    12  fund, civil service EHS occupational health program account (55056).
    13    3. $3,000,000 from the chemical  dependence  service  fund,  substance
    14  abuse  services  fund  account  (22700),  to  the mental hygiene capital
    15  improvement fund (32305).
    16    Public Protection:
    17    1. $1,350,000 from the miscellaneous special revenue  fund,  emergency
    18  management account (21944), to the general fund.
    19    2.  $2,087,000  from  the  general  fund  to the miscellaneous special
    20  revenue fund, recruitment incentive account (22171).
    21    3. $22,773,000 from the general fund to  the  correctional  industries
    22  revolving   fund,   correctional  industries  internal  service  account
    23  (55350).
    24    4. $60,000,000 from any of the division of homeland security and emer-
    25  gency services special revenue federal funds to the general fund.
    26    5. $11,149,000 from the miscellaneous special revenue  fund,  criminal
    27  justice improvement account (21945), to the general fund.
    28    6.  $115,420,000  from  the state police motor vehicle law enforcement
    29  and motor vehicle theft  and  insurance  fraud  prevention  fund,  state
    30  police  motor  vehicle  enforcement account (22802), to the general fund
    31  for state operation expenses of the division of state police.
    32    7. $120,500,000 from the general fund to the  correctional  facilities
    33  capital improvement fund (32350).
    34    8.  $5,000,000  from  the  general  fund  to the dedicated highway and
    35  bridge trust fund (30050) for the purpose of work zone safety activities
    36  provided by the division of state police for the department of transpor-
    37  tation.
    38    9. $10,000,000 from the miscellaneous special revenue fund,  statewide
    39  public  safety  communications  account (22123), to the capital projects
    40  fund (30000).
    41    10. $9,830,000 from the  miscellaneous  special  revenue  fund,  legal
    42  services assistance account (22096), to the general fund.
    43    11.  $1,000,000 from the general fund to the agencies internal service
    44  fund, neighborhood work project account (55059).
    45    12. $7,980,000 from the miscellaneous special  revenue  fund,  finger-
    46  print identification & technology account (21950), to the general fund.
    47    13. $1,100,000 from the state police motor vehicle law enforcement and
    48  motor  vehicle  theft and insurance fraud prevention fund, motor vehicle
    49  theft and insurance fraud account (22801), to the general fund.
    50    14. $25,000,000 from the miscellaneous special revenue fund, statewide
    51  public safety communications account (22123), to the general fund.
    52    Transportation:
    53    1. $31,000,000 from the general fund to the MTA  financial  assistance
    54  fund,  mobility  tax  trust account (23651) for disbursements related to
    55  part NN of chapter 54 of the laws of 2016.

        S. 7505                            86                            A. 9505

     1    2.  $20,000,000 from the general fund to the mass transportation oper-
     2  ating assistance fund, public transportation systems  operating  assist-
     3  ance account (21401), of which $12,000,000 constitutes the base need for
     4  operations.
     5    3.  $727,500,000  from  the  general fund to the dedicated highway and
     6  bridge trust fund (30050).
     7    4. $244,250,000 from the general fund to the MTA financial  assistance
     8  fund, mobility tax trust account (23651).
     9    5. $5,000,000 from the miscellaneous special revenue fund, transporta-
    10  tion  regulation  account  (22067)  to  the dedicated highway and bridge
    11  trust fund (30050), for disbursements made  from  such  fund  for  motor
    12  carrier  safety that are in excess of the amounts deposited in the dedi-
    13  cated highway and bridge trust fund (30050) for such purpose pursuant to
    14  section 94 of the transportation law.
    15    6. $3,000,000 from the miscellaneous  special  revenue  fund,  traffic
    16  adjudication account (22055), to the general fund.
    17    7. $11,721,000 from the mass transportation operating assistance fund,
    18  metropolitan  mass  transportation operating assistance account (21402),
    19  to the capital projects fund (30000).
    20    8. $5,000,000 from the miscellaneous special revenue fund, transporta-
    21  tion regulation account (22067) to the general fund,  for  disbursements
    22  made  from  such fund for motor carrier safety that are in excess of the
    23  amounts deposited in the general  fund  for  such  purpose  pursuant  to
    24  section 94 of the transportation law.
    25    Miscellaneous:
    26    1. $250,000,000 from the general fund to any funds or accounts for the
    27  purpose of reimbursing certain outstanding accounts receivable balances.
    28    2.  $500,000,000  from  the general fund to the debt reduction reserve
    29  fund (40000).
    30    3. $450,000,000 from the New York state storm  recovery  capital  fund
    31  (33000) to the revenue bond tax fund (40152).
    32    4.  $15,500,000  from  the general fund, community projects account GG
    33  (10256), to the general fund, state purposes account (10050).
    34    5. $100,000,000 from any special revenue federal fund to  the  general
    35  fund, state purposes account (10050).
    36    §  3.  Notwithstanding any law to the contrary, and in accordance with
    37  section 4 of the state finance law, the comptroller is hereby authorized
    38  and directed to transfer, on or before March 31, 2021:
    39    1. Upon request of the commissioner of environmental conservation,  up
    40  to  $12,745,400 from revenues credited to any of the department of envi-
    41  ronmental conservation special revenue funds, including $4,000,000  from
    42  the  environmental  protection  and oil spill compensation fund (21200),
    43  and $1,834,600 from the conservation fund (21150), to the  environmental
    44  conservation special revenue fund, indirect charges account (21060).
    45    2.  Upon request of the commissioner of agriculture and markets, up to
    46  $3,000,000 from any special revenue fund or enterprise fund  within  the
    47  department of agriculture and markets to the general fund, to pay appro-
    48  priate administrative expenses.
    49    3.  Upon request of the commissioner of agriculture and markets, up to
    50  $2,000,000 from the state exposition special fund, state  fair  receipts
    51  account  (50051)  to the miscellaneous capital projects fund, state fair
    52  capital improvement account (32208).
    53    4. Upon request of the commissioner of the  division  of  housing  and
    54  community  renewal, up to $6,221,000 from revenues credited to any divi-
    55  sion of housing and community renewal federal or  miscellaneous  special

        S. 7505                            87                            A. 9505

     1  revenue fund to the miscellaneous special revenue fund, housing indirect
     2  cost recovery account (22090).
     3    5.  Upon  request  of  the commissioner of the division of housing and
     4  community renewal, up to $5,500,000 may be transferred from any  miscel-
     5  laneous  special  revenue  fund  account,  to  any miscellaneous special
     6  revenue fund.
     7    6. Upon request of the commissioner of health up to  $13,225,000  from
     8  revenues  credited  to any of the department of health's special revenue
     9  funds, to the miscellaneous special revenue fund, administration account
    10  (21982).
    11    § 4. On or before March 31, 2021, the comptroller is hereby authorized
    12  and directed to deposit earnings that  would  otherwise  accrue  to  the
    13  general  fund  that are attributable to the operation of section 98-a of
    14  the state finance law, to the agencies internal  service  fund,  banking
    15  services  account  (55057),  for  the purpose of meeting direct payments
    16  from such account.
    17    § 5. Notwithstanding any law to the contrary, upon  the  direction  of
    18  the  director of the budget and upon requisition by the state university
    19  of New York, the dormitory  authority  of  the  state  of  New  York  is
    20  directed  to  transfer, up to $22,000,000 in revenues generated from the
    21  sale of notes or bonds, the state university income fund general revenue
    22  account (22653) for reimbursement  of  bondable  equipment  for  further
    23  transfer to the state's general fund.
    24    §  6.  Notwithstanding any law to the contrary, and in accordance with
    25  section 4 of the state finance law, the comptroller is hereby authorized
    26  and directed to transfer, upon request of the director of the budget and
    27  upon consultation with the state university chancellor  or  his  or  her
    28  designee,  on or before March 31, 2021, up to $16,000,000 from the state
    29  university income fund general revenue  account  (22653)  to  the  state
    30  general  fund for debt service costs related to campus supported capital
    31  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
    32  University at Buffalo.
    33    §  7.  Notwithstanding any law to the contrary, and in accordance with
    34  section 4 of the state finance law, the comptroller is hereby authorized
    35  and directed to transfer, upon request of the director of the budget and
    36  upon consultation with the state university chancellor  or  his  or  her
    37  designee,  on  or before March 31, 2021, up to $6,500,000 from the state
    38  university income fund general revenue  account  (22653)  to  the  state
    39  general  fund for debt service costs related to campus supported capital
    40  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
    41  University at Albany.
    42    §  8.  Notwithstanding  any  law to the contrary, the state university
    43  chancellor or his or her designee is authorized and directed to transfer
    44  estimated tuition revenue balances from the state university  collection
    45  fund  (61000)  to  the  state  university  income fund, state university
    46  general revenue offset account (22655) on or before March 31, 2021.
    47    § 9. Notwithstanding any law to the contrary, and in  accordance  with
    48  section 4 of the state finance law, the comptroller is hereby authorized
    49  and directed to transfer, upon request of the director of the budget, up
    50  to  $1,019,748,300  from the general fund to the state university income
    51  fund, state university general revenue offset account (22655) during the
    52  period of July 1, 2020 through June 30, 2021 to  support  operations  at
    53  the state university.
    54    §  10. Notwithstanding any law to the contrary, and in accordance with
    55  section 4 of the state finance law, the comptroller is hereby authorized
    56  and directed to transfer, upon request of the director of the budget, up

        S. 7505                            88                            A. 9505

     1  to $20,000,000 from the general fund  to  the  state  university  income
     2  fund, state university general revenue offset account (22655) during the
     3  period  of  July  1,  2020 to June 30, 2021 to support operations at the
     4  state  university  in accordance with the maintenance of effort pursuant
     5  to subparagraph (4) of paragraph h of subdivision 2 of  section  355  of
     6  the education law.
     7    §  11. Notwithstanding any law to the contrary, and in accordance with
     8  section 4 of the state finance law, the comptroller is hereby authorized
     9  and directed to transfer, upon request of the state university  chancel-
    10  lor  or his or her designee, up to $55,000,000 from the state university
    11  income fund, state  university  hospitals  income  reimbursable  account
    12  (22656),  for  services  and expenses of hospital operations and capital
    13  expenditures at the state university hospitals; and the state university
    14  income fund, Long Island veterans' home account  (22652)  to  the  state
    15  university capital projects fund (32400) on or before June 30, 2021.
    16    §  12. Notwithstanding any law to the contrary, and in accordance with
    17  section 4 of the state finance law, the comptroller, after  consultation
    18  with  the  state university chancellor or his or her designee, is hereby
    19  authorized and directed to transfer moneys, in the first instance,  from
    20  the  state  university  collection fund, Stony Brook hospital collection
    21  account (61006), Brooklyn hospital collection account (61007), and Syra-
    22  cuse hospital collection account (61008) to the state university  income
    23  fund,  state university hospitals income reimbursable account (22656) in
    24  the event insufficient funds  are  available  in  the  state  university
    25  income  fund,  state  university  hospitals  income reimbursable account
    26  (22656) to permit the full transfer of moneys authorized  for  transfer,
    27  to  the  general  fund  for  payment of debt service related to the SUNY
    28  hospitals. Notwithstanding any law to the contrary, the  comptroller  is
    29  also  hereby  authorized and directed, after consultation with the state
    30  university chancellor or his or her designee, to  transfer  moneys  from
    31  the  state  university  income fund to the state university income fund,
    32  state university hospitals income reimbursable account  (22656)  in  the
    33  event  insufficient  funds  are available in the state university income
    34  fund, state university hospitals income reimbursable account (22656)  to
    35  pay  hospital  operating  costs or to permit the full transfer of moneys
    36  authorized for transfer, to the general fund for payment of debt service
    37  related to the SUNY hospitals on or before March 31, 2021.
    38    § 13. Notwithstanding any law to the contrary, upon the  direction  of
    39  the director of the budget and the chancellor of the state university of
    40  New York or his or her designee, and in accordance with section 4 of the
    41  state  finance law, the comptroller is hereby authorized and directed to
    42  transfer monies from the state university dormitory income fund  (40350)
    43  to  the state university residence hall rehabilitation fund (30100), and
    44  from the state university residence hall rehabilitation fund (30100)  to
    45  the  state university dormitory income fund (40350), in an amount not to
    46  exceed $80 million from each fund.
    47    § 14. Notwithstanding any law to the contrary, and in accordance  with
    48  section 4 of the state finance law, the comptroller is hereby authorized
    49  and  directed to transfer, at the request of the director of the budget,
    50  up to $650 million from the unencumbered balance of any special  revenue
    51  fund  or  account,  agency  fund  or  account,  internal service fund or
    52  account, enterprise fund or account, or any combination  of  such  funds
    53  and  accounts,  to the general fund. The amounts transferred pursuant to
    54  this authorization shall be in addition to any other transfers expressly
    55  authorized in the 2020-21 budget. Transfers  from  federal  funds,  debt
    56  service  funds,  capital projects funds, the community projects fund, or

        S. 7505                            89                            A. 9505

     1  funds that would result in the loss of eligibility for federal  benefits
     2  or federal funds pursuant to federal law, rule, or regulation as assent-
     3  ed  to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
     4  1951 are not permitted pursuant to this authorization.
     5    §  15. Notwithstanding any law to the contrary, and in accordance with
     6  section 4 of the state finance law, the comptroller is hereby authorized
     7  and directed to transfer, at the request of the director of the  budget,
     8  up  to $100 million from any non-general fund or account, or combination
     9  of funds and accounts, to the miscellaneous special revenue fund,  tech-
    10  nology  financing  account  (22207),  the miscellaneous capital projects
    11  fund, the federal capital projects account (31350), information technol-
    12  ogy capital financing account (32215),  or  the  centralized  technology
    13  services  account  (55069),  for the purpose of consolidating technology
    14  procurement and services. The amounts transferred to  the  miscellaneous
    15  special  revenue  fund, technology financing account (22207) pursuant to
    16  this authorization shall be equal to or less than  the  amount  of  such
    17  monies  intended  to  support  information  technology  costs  which are
    18  attributable, according to a plan, to such account made in pursuance  to
    19  an  appropriation  by law. Transfers to the technology financing account
    20  shall be completed  from  amounts  collected  by  non-general  funds  or
    21  accounts  pursuant  to a fund deposit schedule or permanent statute, and
    22  shall be transferred to the technology financing account pursuant  to  a
    23  schedule agreed upon by the affected agency commissioner. Transfers from
    24  funds  that would result in the loss of eligibility for federal benefits
    25  or federal funds pursuant to federal law, rule, or regulation as assent-
    26  ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
    27  1951 are not permitted pursuant to this authorization.
    28    §  16. Notwithstanding any law to the contrary, and in accordance with
    29  section 4 of the state finance law, the comptroller is hereby authorized
    30  and directed to transfer, at the request of the director of the  budget,
    31  up  to $400 million from any non-general fund or account, or combination
    32  of funds and accounts, to the general fund for the  purpose  of  consol-
    33  idating  technology  procurement  and  services. The amounts transferred
    34  pursuant to this authorization shall be equal to or less than the amount
    35  of such monies intended to support information  technology  costs  which
    36  are attributable, according to a plan, to such account made in pursuance
    37  to  an  appropriation  by  law.  Transfers  to the general fund shall be
    38  completed from amounts collected by non-general funds or accounts pursu-
    39  ant to a fund deposit schedule.  Transfers from funds that would  result
    40  in  the loss of eligibility for federal benefits or federal funds pursu-
    41  ant to federal law, rule, or regulation as assented to in chapter 683 of
    42  the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
    43  pursuant to this authorization.
    44    §  17. Notwithstanding any provision of law to the contrary, as deemed
    45  feasible and advisable by its trustees, the power authority of the state
    46  of New York is authorized and directed to transfer to the state treasury
    47  to the credit of the general fund $20,000,000 for the state fiscal  year
    48  commencing  April  1,  2020,  the  proceeds of which will be utilized to
    49  support energy-related state activities.
    50    § 18. Notwithstanding any provision of law, rule or regulation to  the
    51  contrary,  the  New York state energy research and development authority
    52  is authorized and directed to make the following  contributions  to  the
    53  state  treasury to the credit of the general fund on or before March 31,
    54  2021: (a) $913,000; and (b) $23,000,000 from proceeds collected  by  the
    55  authority from the auction or sale of carbon dioxide emission allowances
    56  allocated by the department of environmental conservation.

        S. 7505                            90                            A. 9505

     1    §  19. Notwithstanding any provision of law, rule or regulation to the
     2  contrary, the New York state energy research and  development  authority
     3  is authorized and directed to transfer five million dollars to the cred-
     4  it of the Environmental Protection Fund on or before March 31, 2021 from
     5  proceeds  collected  by the authority from the auction or sale of carbon
     6  dioxide emission allowances allocated by the department of environmental
     7  conservation.
     8    § 20. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
     9  amended  by section 21 of part TTT of chapter 59 of the laws of 2019, is
    10  amended to read as follows:
    11    5. Notwithstanding the provisions of section one hundred seventy-one-a
    12  of the tax law, as separately amended by chapters four  hundred  eighty-
    13  one  and four hundred eighty-four of the laws of nineteen hundred eight-
    14  y-one, and notwithstanding the provisions of chapter ninety-four of  the
    15  laws  of  two  thousand  eleven,  or  any other provisions of law to the
    16  contrary, during the fiscal year beginning  April  first,  two  thousand
    17  [nineteen]  twenty,  the  state  comptroller  is  hereby  authorized and
    18  directed to deposit to the fund created pursuant to  this  section  from
    19  amounts  collected  pursuant  to  article  twenty-two of the tax law and
    20  pursuant to a schedule submitted by the director of the  budget,  up  to
    21  [$2,185,995,000] $1,999,516,000, as may be certified in such schedule as
    22  necessary  to  meet the purposes of such fund for the fiscal year begin-
    23  ning April first, two thousand [nineteen] twenty.
    24    § 21. Notwithstanding any law to  the  contrary,  the  comptroller  is
    25  hereby authorized and directed to transfer, upon request of the director
    26  of  the  budget, on or before March 31, 2021, the following amounts from
    27  the following special revenue accounts  to  the  capital  projects  fund
    28  (30000),  for  the  purposes  of reimbursement to such fund for expenses
    29  related to the maintenance and preservation of state assets:
    30    1. $43,000 from the miscellaneous special revenue fund, administrative
    31  program account (21982).
    32    2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
    33  hospital account (22140).
    34    3. $366,000 from the miscellaneous special revenue fund, New York city
    35  veterans' home account (22141).
    36    4. $513,000 from the miscellaneous  special  revenue  fund,  New  York
    37  state home for veterans' and their dependents at oxford account (22142).
    38    5.  $159,000  from the miscellaneous special revenue fund, western New
    39  York veterans' home account (22143).
    40    6. $323,000 from the miscellaneous  special  revenue  fund,  New  York
    41  state for veterans in the lower-hudson valley account (22144).
    42    7.  $2,550,000  from  the  miscellaneous  special revenue fund, patron
    43  services account (22163).
    44    8. $7,300,000 from  the  miscellaneous  special  revenue  fund,  state
    45  university general income reimbursable account (22653).
    46    9.  $132,000,000  from  the  miscellaneous special revenue fund, state
    47  university revenue offset account (22655).
    48    10. $48,000,000 from the state university dormitory income fund, state
    49  university dormitory income fund (40350).
    50    11. $1,000,000 from the miscellaneous special revenue fund, litigation
    51  settlement and civil recovery account (22117).
    52    § 22. Notwithstanding any provision of law to  the  contrary,  in  the
    53  event  that  federal  legislation,  federal  regulatory actions, federal
    54  executive actions or federal judicial actions  in  federal  fiscal  year
    55  2021  reduce  federal financial participation in Medicaid funding to New
    56  York state or its subdivisions by $850 million or more in  state  fiscal

        S. 7505                            91                            A. 9505

     1  years  2020-21  or  2021-22,  the director of the division of the budget
     2  shall notify the temporary president of the senate and  the  speaker  of
     3  the  assembly  in  writing that the federal actions will reduce expected
     4  funding  to  New  York state. The director of the division of the budget
     5  shall prepare a plan that shall be submitted to the  legislature,  which
     6  shall (a) specify the total amount of the reduction in federal financial
     7  participation  in Medicaid, (b) itemize the specific programs and activ-
     8  ities that will be  affected  by  the  reduction  in  federal  financial
     9  participation  in  Medicaid, and (c) identify the general fund and state
    10  special revenue fund appropriations and related disbursements that shall
    11  be reduced, and in what program  areas,  provided,  however,  that  such
    12  reductions  to appropriations and disbursements shall be applied equally
    13  and proportionally to the programs affected by the reduction in  federal
    14  financial  participation in Medicaid. Upon such submission, the legisla-
    15  ture shall have 90 days after such submission to either prepare its  own
    16  plan, which may be adopted by concurrent resolution passed by both hous-
    17  es,  or  if after 90 days the legislature fails to adopt their own plan,
    18  the reductions to the general fund and state special revenue fund appro-
    19  priations and related disbursements identified in the  division  of  the
    20  budget plan will go into effect automatically.
    21    §  23.  Notwithstanding  any  provision of law to the contrary, in the
    22  event that federal  legislation,  federal  regulatory  actions,  federal
    23  executive  actions  or  federal  judicial actions in federal fiscal year
    24  2021 reduce federal financial participation  or  other  federal  aid  in
    25  funding  to New York state that affects the state operating funds finan-
    26  cial plan by $850 million or more  in  state  fiscal  years  2020-21  or
    27  2021-22, exclusive of any cuts to Medicaid, the director of the division
    28  of the budget shall notify the temporary president of the senate and the
    29  speaker  of the assembly in writing that the federal actions will reduce
    30  expected funding to New York state. The director of the division of  the
    31  budget  shall prepare a plan that shall be submitted to the legislature,
    32  which shall (a) specify the total amount of  the  reduction  in  federal
    33  aid,  (b)  itemize  the  specific  programs  and activities that will be
    34  affected by the federal reductions, exclusive of Medicaid, and (c) iden-
    35  tify the general fund and state special revenue fund appropriations  and
    36  related  disbursements that shall be reduced, and in what program areas,
    37  provided, however, that such reductions to appropriations and  disburse-
    38  ments shall be applied equally and proportionally. Upon such submission,
    39  the  legislature  shall  have  90  days  after such submission to either
    40  prepare its own plan, which may  be  adopted  by  concurrent  resolution
    41  passed  by  both  houses,  or  if after 90 days the legislature fails to
    42  adopt their own plan, the reductions  to  the  general  fund  and  state
    43  special revenue fund appropriations and related disbursements identified
    44  in the division of the budget plan will go into effect automatically.
    45    §  24.  Notwithstanding  any  provision of law to the contrary, if the
    46  financial plan required under sections  twenty-two  or  twenty-three  of
    47  this  article  estimates that the General Fund is reasonably anticipated
    48  to end the fiscal year with an imbalance of $500 million  or  more,  the
    49  director  of  the division of the budget shall prepare a plan that shall
    50  be submitted to the legislature, which shall identify the  general  fund
    51  and  state  special  revenue  fund  aid to localities appropriations and
    52  related disbursements that may be reduced  to  eliminate  the  imbalance
    53  identified  in  the  General  Fund,  provided,  however,  that the total
    54  reduction in disbursements identified in such plan shall not  exceed  an
    55  amount  equal to 1.0 percent of estimated disbursements in state operat-
    56  ing funds for fiscal year 2020-2021. The legislature shall have 30  days

        S. 7505                            92                            A. 9505

     1  after  such  submission  to  either  prepare  its own plan, which may be
     2  adopted by concurrent resolution passed by both houses  and  implemented
     3  by the division of the budget, of if after 30 days the legislature fails
     4  to  adopt  its  own  plan,  the reductions to the general fund and state
     5  special revenue  fund  aid  to  localities  appropriations  and  related
     6  disbursements identified in the division of the budget plan will go into
     7  effect  automatically.  To  the  extent  the  State is obligated to make
     8  payment to any individual or entity pursuant  to  any  appropriation  to
     9  which  an  adjustment  or  reduction  is applied in accordance with this
    10  section, such obligation shall be reduced commensurate with any  adjust-
    11  ments  or  reductions  made  by the director of the budget and/or by the
    12  legislature. The following types of appropriations shall be exempt  from
    13  reduction  in  any  plan prepared by the budget director and/or any plan
    14  adopted by the legislature: (a) public assistance payments for  families
    15  and  individuals  and  payments  for  eligible  aged, blind and disabled
    16  persons related to supplemental social security; (b) any reductions that
    17  would violate federal law; (c) payments  of  debt  service  and  related
    18  expenses  for  which the state is constitutionally obligated to pay debt
    19  service or is contractually obligated to pay debt service, subject to an
    20  appropriation, including where the state has  a  contingent  contractual
    21  obligation;  and (d) payments the state is obligated to make pursuant to
    22  court orders or judgments.
    23    § 25. Subdivision 6 of section 4 of the state finance law, as  amended
    24  by  section 25 of part BBB of chapter 59 of the laws of 2018, is amended
    25  to read as follows:
    26    6. Notwithstanding any law to the contrary, at the  beginning  of  the
    27  state  fiscal  year,  the  state  comptroller  is  hereby authorized and
    28  directed to receive for deposit to  the  credit  of  a  fund  and/or  an
    29  account  such  monies as are identified by the director of the budget as
    30  having been intended for such deposit to support disbursements from such
    31  fund and/or account made in pursuance of an  appropriation  by  law.  As
    32  soon  as  practicable  upon enactment of the budget, the director of the
    33  budget shall,  but  not  less  than  three  days  following  preliminary
    34  submission  to the chairs of the senate finance committee and the assem-
    35  bly ways and means committee, file with the state comptroller  an  iden-
    36  tification  of specific monies to be so deposited. Any subsequent change
    37  regarding the monies to be so deposited shall be filed by  the  director
    38  of  the  budget,  as  soon  as practicable, but not less than three days
    39  following preliminary submission to the chairs  of  the  senate  finance
    40  committee and the assembly ways and means committee.
    41    All monies identified by the director of the budget to be deposited to
    42  the  credit of a fund and/or account shall be consistent with the intent
    43  of the budget for the then current state fiscal year as enacted  by  the
    44  legislature.
    45    [The  provisions  of  this  subdivision  shall expire on March thirty-
    46  first, two thousand twenty.]
    47    § 26. Subdivision 4 of section 40 of the state finance law, as amended
    48  by section 26 of part BBB of chapter 59 of the laws of 2018, is  amended
    49  to read as follows:
    50    4.  Every appropriation made from a fund or account to a department or
    51  agency shall be available for the payment of prior years' liabilities in
    52  such fund or account for fringe benefits, indirect costs, and telecommu-
    53  nications expenses and expenses  for  other  centralized  services  fund
    54  programs  without limit. Every appropriation shall also be available for
    55  the payment of prior  years'  liabilities  other  than  those  indicated

        S. 7505                            93                            A. 9505

     1  above,  but  only  to the extent of one-half of one percent of the total
     2  amount appropriated to a department or agency in such fund or account.
     3    [The  provisions  of this subdivision shall expire March thirty-first,
     4  two thousand twenty.]
     5    § 27. Notwithstanding any  other  law,  rule,  or  regulation  to  the
     6  contrary, the state comptroller is hereby authorized and directed to use
     7  any  balance  remaining  in the mental health services fund debt service
     8  appropriation, after payment by the state comptroller of all obligations
     9  required pursuant to any lease, sublease, or other financing arrangement
    10  between the dormitory authority of the state of New York as successor to
    11  the New York state medical  care  facilities  finance  agency,  and  the
    12  facilities development corporation pursuant to chapter 83 of the laws of
    13  1995  and  the  department  of  mental hygiene for the purpose of making
    14  payments to the dormitory authority of the state of  New  York  for  the
    15  amount  of  the  earnings  for the investment of monies deposited in the
    16  mental health services fund that such agency determines will or may have
    17  to be rebated to the federal government pursuant to  the  provisions  of
    18  the  internal  revenue code of 1986, as amended, in order to enable such
    19  agency to maintain the exemption from federal  income  taxation  on  the
    20  interest paid to the holders of such agency's mental services facilities
    21  improvement  revenue  bonds.  Annually on or before each June 30th, such
    22  agency shall certify to the state comptroller its determination  of  the
    23  amounts  received  in the mental health services fund as a result of the
    24  investment of monies deposited therein that  will  or  may  have  to  be
    25  rebated  to  the  federal  government  pursuant to the provisions of the
    26  internal revenue code of 1986, as amended.
    27    § 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws
    28  of 1997, relating  to  the  financing  of  the  correctional  facilities
    29  improvement  fund and the youth facility improvement fund, as amended by
    30  section 28 of part TTT of chapter 59 of the laws of 2019, is amended  to
    31  read as follows:
    32    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
    33  notwithstanding the provisions of section 18 of section 1 of chapter 174
    34  of the laws of 1968, the New York state urban development corporation is
    35  hereby authorized to issue bonds, notes  and  other  obligations  in  an
    36  aggregate  principal  amount  not  to exceed [eight billion four hundred
    37  ninety-four million nine hundred seventy-nine  thousand]  eight  billion
    38  eight hundred seventeen million two hundred ninety-nine thousand dollars
    39  [$8,494,979,000]  $8,817,299,000, and shall include all bonds, notes and
    40  other obligations issued pursuant to chapter 56 of the laws of 1983,  as
    41  amended  or  supplemented.  The  proceeds  of such bonds, notes or other
    42  obligations shall be paid to the state, for deposit in the  correctional
    43  facilities capital improvement fund to pay for all or any portion of the
    44  amount  or  amounts paid by the state from appropriations or reappropri-
    45  ations made to the department of corrections and  community  supervision
    46  from  the  correctional  facilities capital improvement fund for capital
    47  projects. The aggregate amount of  bonds,  notes  or  other  obligations
    48  authorized  to  be  issued pursuant to this section shall exclude bonds,
    49  notes or other obligations issued to refund or  otherwise  repay  bonds,
    50  notes  or  other  obligations  theretofore issued, the proceeds of which
    51  were paid to the state for all or a portion of the amounts  expended  by
    52  the state from appropriations or reappropriations made to the department
    53  of  corrections  and community supervision; provided, however, that upon
    54  any such refunding or repayment the total aggregate principal amount  of
    55  outstanding bonds, notes or other obligations may be greater than [eight
    56  billion four hundred ninety-four million nine hundred seventy-nine thou-

        S. 7505                            94                            A. 9505

     1  sand]  eight billion eight hundred seventeen million two hundred ninety-
     2  nine thousand dollars [$8,494,979,000] $8,817,299,000, only if the pres-
     3  ent value of the aggregate debt service of the  refunding  or  repayment
     4  bonds,  notes  or  other  obligations  to be issued shall not exceed the
     5  present value of the aggregate debt service of the bonds, notes or other
     6  obligations so to be refunded or repaid. For the  purposes  hereof,  the
     7  present  value  of the aggregate debt service of the refunding or repay-
     8  ment bonds, notes or other obligations and of the aggregate debt service
     9  of the bonds, notes or other obligations so refunded or repaid, shall be
    10  calculated by utilizing the effective interest rate of the refunding  or
    11  repayment  bonds,  notes  or other obligations, which shall be that rate
    12  arrived at by doubling the semi-annual interest rate  (compounded  semi-
    13  annually) necessary to discount the debt service payments on the refund-
    14  ing  or  repayment  bonds,  notes  or other obligations from the payment
    15  dates thereof to the date of issue of the refunding or repayment  bonds,
    16  notes  or  other  obligations  and  to the price bid including estimated
    17  accrued interest or proceeds received by the corporation including esti-
    18  mated accrued interest from the sale thereof.
    19    § 29. Subdivision (a) of section 27 of part Y of  chapter  61  of  the
    20  laws  of  2005,  relating to providing for the administration of certain
    21  funds and accounts related  to  the  2005-2006  budget,  as  amended  by
    22  section  32 of part TTT of chapter 59 of the laws of 2019, is amended to
    23  read as follows:
    24    (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
    25  notwithstanding  any provisions of law to the contrary, the urban devel-
    26  opment corporation is hereby authorized to issue bonds or notes  in  one
    27  or  more  series  in  an  aggregate  principal amount not to exceed [two
    28  hundred seventy-one million six hundred thousand] three hundred  twenty-
    29  three  million one hundred thousand dollars [$271,600,000] $323,100,000,
    30  excluding bonds issued to finance  one  or  more  debt  service  reserve
    31  funds, to pay costs of issuance of such bonds, and bonds or notes issued
    32  to  refund or otherwise repay such bonds or notes previously issued, for
    33  the purpose of financing capital projects including IT  initiatives  for
    34  the  division of state police, debt service and leases; and to reimburse
    35  the state general fund for disbursements made therefor. Such  bonds  and
    36  notes  of  such  authorized issuer shall not be a debt of the state, and
    37  the state shall not be liable thereon, nor shall they be payable out  of
    38  any  funds other than those appropriated by the state to such authorized
    39  issuer for debt service and related expenses  pursuant  to  any  service
    40  contract  executed  pursuant to subdivision (b) of this section and such
    41  bonds and notes shall contain on the face thereof a  statement  to  such
    42  effect. Except for purposes of complying with the internal revenue code,
    43  any  interest  income  earned on bond proceeds shall only be used to pay
    44  debt service on such bonds.
    45    § 30. Subdivision 3 of section 1285-p of the public  authorities  law,
    46  as  amended by section 35 of part TTT of chapter 59 of the laws of 2019,
    47  is amended to read as follows:
    48    3. The maximum amount of bonds that may be issued for the  purpose  of
    49  financing  environmental  infrastructure  projects  authorized  by  this
    50  section shall be [five billion  six  hundred  thirty-eight  million  ten
    51  thousand]  six  billion  three hundred seventy-four million ten thousand
    52  dollars [$5,638,010,000] $6,374,010,000, exclusive of  bonds  issued  to
    53  fund  any  debt  service  reserve  funds,  pay costs of issuance of such
    54  bonds, and bonds or notes issued to refund or otherwise repay  bonds  or
    55  notes  previously  issued. Such bonds and notes of the corporation shall
    56  not be a debt of the state, and the state shall not be  liable  thereon,

        S. 7505                            95                            A. 9505

     1  nor shall they be payable out of any funds other than those appropriated
     2  by  the  state  to the corporation for debt service and related expenses
     3  pursuant to any service contracts executed pursuant to  subdivision  one
     4  of  this  section,  and  such  bonds and notes shall contain on the face
     5  thereof a statement to such effect.
     6    § 31.  Subdivision (a) of section 48 of part K of chapter  81  of  the
     7  laws  of  2002,  relating to providing for the administration of certain
     8  funds and accounts related  to  the  2002-2003  budget,  as  amended  by
     9  section  36 of part TTT of chapter 59 of the laws of 2019, is amended to
    10  read as follows:
    11    (a) Subject to the provisions of chapter 59 of the laws  of  2000  but
    12  notwithstanding  the  provisions  of section 18 of the urban development
    13  corporation act, the corporation is hereby authorized to issue bonds  or
    14  notes  in  one  or  more  series in an aggregate principal amount not to
    15  exceed [two hundred eighty-six million] three hundred  fourteen  million
    16  dollars  [$286,000,000] $314,000,000, excluding bonds issued to fund one
    17  or more debt service reserve funds, to pay costs  of  issuance  of  such
    18  bonds, and bonds or notes issued to refund or otherwise repay such bonds
    19  or  notes  previously issued, for the purpose of financing capital costs
    20  related to homeland security and training facilities for the division of
    21  state police, the division of military and naval affairs, and any  other
    22  state agency, including the reimbursement of any disbursements made from
    23  the state capital projects fund, and is hereby authorized to issue bonds
    24  or  notes  in one or more series in an aggregate principal amount not to
    25  exceed [$952,800,000 nine hundred fifty-two million eight hundred  thou-
    26  sand]  $1,115,800,000  one  billion  one  hundred  fifteen million eight
    27  hundred thousand dollars, excluding bonds issued to  fund  one  or  more
    28  debt  service reserve funds, to pay costs of issuance of such bonds, and
    29  bonds or notes issued to refund or otherwise repay such bonds  or  notes
    30  previously  issued,  for  the purpose of financing improvements to State
    31  office buildings and other facilities located statewide,  including  the
    32  reimbursement  of any disbursements made from the state capital projects
    33  fund. Such bonds and notes of the corporation shall not be a debt of the
    34  state, and the state shall not be liable  thereon,  nor  shall  they  be
    35  payable  out  of any funds other than those appropriated by the state to
    36  the corporation for debt service and related expenses  pursuant  to  any
    37  service  contracts executed pursuant to subdivision (b) of this section,
    38  and such bonds and notes shall contain on the face thereof  a  statement
    39  to such effect.
    40    §  32.  Paragraph  (c) of subdivision 19 of section 1680 of the public
    41  authorities law, as amended by section 38 of part TTT of chapter  59  of
    42  the laws of 2019, is amended to read as follows:
    43    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    44  thousand,  the  dormitory  authority shall not issue any bonds for state
    45  university educational facilities purposes if the  principal  amount  of
    46  bonds to be issued when added to the aggregate principal amount of bonds
    47  issued  by  the  dormitory  authority  on and after July first, nineteen
    48  hundred eighty-eight for state university  educational  facilities  will
    49  exceed  [thirteen  billion eight hundred forty-one million eight hundred
    50  sixty-four thousand] fourteen billion seven  hundred  forty-one  million
    51  eight    hundred    sixty-four    thousand   dollars   [$13,841,864,000]
    52  $14,741,864,000; provided, however, that bonds issued or  to  be  issued
    53  shall  be excluded from such limitation if: (1) such bonds are issued to
    54  refund  state  university  construction  bonds  and   state   university
    55  construction  notes  previously issued by the housing finance agency; or
    56  (2) such bonds are issued to refund bonds  of  the  authority  or  other

        S. 7505                            96                            A. 9505

     1  obligations  issued for state university educational facilities purposes
     2  and the present value of the aggregate debt  service  on  the  refunding
     3  bonds does not exceed the present value of the aggregate debt service on
     4  the bonds refunded thereby; provided, further that upon certification by
     5  the director of the budget that the issuance of refunding bonds or other
     6  obligations  issued between April first, nineteen hundred ninety-two and
     7  March thirty-first, nineteen hundred  ninety-three  will  generate  long
     8  term  economic  benefits  to  the  state, as assessed on a present value
     9  basis, such issuance will be deemed to have met the present  value  test
    10  noted  above. For purposes of this subdivision, the present value of the
    11  aggregate debt service of the refunding bonds  and  the  aggregate  debt
    12  service of the bonds refunded, shall be calculated by utilizing the true
    13  interest  cost  of the refunding bonds, which shall be that rate arrived
    14  at by doubling the semi-annual interest rate (compounded  semi-annually)
    15  necessary  to  discount the debt service payments on the refunding bonds
    16  from the payment dates thereof to the date of  issue  of  the  refunding
    17  bonds  to  the purchase price of the refunding bonds, including interest
    18  accrued thereon prior to the issuance  thereof.  The  maturity  of  such
    19  bonds,  other  than  bonds issued to refund outstanding bonds, shall not
    20  exceed the weighted average economic life, as  certified  by  the  state
    21  university construction fund, of the facilities in connection with which
    22  the  bonds  are  issued,  and  in any case not later than the earlier of
    23  thirty years or the expiration of the term of  any  lease,  sublease  or
    24  other  agreement  relating  thereto;  provided  that  no note, including
    25  renewals thereof, shall mature later than five years after the  date  of
    26  issuance  of  such  note. The legislature reserves the right to amend or
    27  repeal such limit, and the state of New York, the  dormitory  authority,
    28  the  state university of New York, and the state university construction
    29  fund are prohibited from covenanting or making any other agreements with
    30  or for the benefit of bondholders which might in  any  way  affect  such
    31  right.
    32    §  33.  Paragraph  (c) of subdivision 14 of section 1680 of the public
    33  authorities law, as amended by section 39 of part TTT of chapter  59  of
    34  the laws of 2019, is amended to read as follows:
    35    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    36  thousand,  (i)  the  dormitory  authority  shall not deliver a series of
    37  bonds for city university community college facilities, except to refund
    38  or to be substituted for or in lieu of other bonds in relation  to  city
    39  university  community college facilities pursuant to a resolution of the
    40  dormitory authority adopted before July first, nineteen hundred  eighty-
    41  five  or any resolution supplemental thereto, if the principal amount of
    42  bonds so to be issued when added  to  all  principal  amounts  of  bonds
    43  previously  issued by the dormitory authority for city university commu-
    44  nity college facilities, except to refund or to be substituted  in  lieu
    45  of  other bonds in relation to city university community college facili-
    46  ties will exceed the sum of four hundred twenty-five million dollars and
    47  (ii) the dormitory authority shall not deliver a series of bonds  issued
    48  for  city university facilities, including community college facilities,
    49  pursuant to a resolution of the dormitory authority adopted on or  after
    50  July  first,  nineteen  hundred  eighty-five,  except to refund or to be
    51  substituted for or in lieu of other bonds in relation to city university
    52  facilities and except for bonds issued pursuant to a resolution  supple-
    53  mental  to a resolution of the dormitory authority adopted prior to July
    54  first, nineteen hundred eighty-five, if the principal amount of bonds so
    55  to be issued when added to the  principal  amount  of  bonds  previously
    56  issued pursuant to any such resolution, except bonds issued to refund or

        S. 7505                            97                            A. 9505

     1  to  be  substituted  for  or  in lieu of other bonds in relation to city
     2  university facilities, will exceed [eight billion six  hundred  seventy-
     3  four  million  two  hundred fifty-six thousand] nine billion two hundred
     4  twenty-two   million   seven   hundred   thirty-two   thousand   dollars
     5  [$8,674,256,000 ] $9,222,732,000. The legislature reserves the right  to
     6  amend  or  repeal  such  limit, and the state of New York, the dormitory
     7  authority, the city university, and the fund are prohibited from  coven-
     8  anting  or  making any other agreements with or for the benefit of bond-
     9  holders which might in any way affect such right.
    10    § 34. Subdivision 10-a of section 1680 of the public authorities  law,
    11  as  amended by section 40 of part TTT of chapter 59 of the laws of 2019,
    12  is amended to read as follows:
    13    10-a. Subject to the provisions of chapter fifty-nine of the  laws  of
    14  two  thousand, but notwithstanding any other provision of the law to the
    15  contrary, the maximum amount of bonds and notes to be issued after March
    16  thirty-first, two thousand two, on behalf of the state, in  relation  to
    17  any  locally  sponsored  community  college,  shall be [one billion five
    18  million six hundred two thousand]  one  billion  fifty-one  million  six
    19  hundred  forty  thousand  dollars  [$1,005,602,000] $1,051,640,000. Such
    20  amount shall be exclusive of bonds and notes issued to fund any  reserve
    21  fund or funds, costs of issuance and to refund any outstanding bonds and
    22  notes,  issued  on  behalf of the state, relating to a locally sponsored
    23  community college.
    24    § 35. Subdivision 1 of section 17 of part D of chapter 389 of the laws
    25  of 1997, relating  to  the  financing  of  the  correctional  facilities
    26  improvement  fund and the youth facility improvement fund, as amended by
    27  section 41 of part TTT of chapter 59 of the laws of 2019, is amended  to
    28  read as follows:
    29    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
    30  notwithstanding the provisions of section 18 of section 1 of chapter 174
    31  of the laws of 1968, the New York state urban development corporation is
    32  hereby authorized to issue bonds, notes  and  other  obligations  in  an
    33  aggregate  principal  amount  not  to  exceed eight hundred [four] forty
    34  million [six] three  hundred  fifteen  thousand  dollars  [$804,615,000]
    35  $840,315,000,  which  authorization  increases  the  aggregate principal
    36  amount of bonds, notes and other obligations authorized by section 40 of
    37  chapter 309 of the laws of 1996, and shall include all bonds, notes  and
    38  other obligations issued pursuant to chapter 211 of the laws of 1990, as
    39  amended  or  supplemented.  The  proceeds  of such bonds, notes or other
    40  obligations shall be paid to the state, for deposit in the youth facili-
    41  ties improvement fund, to pay for all or any portion of  the  amount  or
    42  amounts  paid  by the state from appropriations or reappropriations made
    43  to the office of children and family services from the youth  facilities
    44  improvement  fund  for  capital projects. The aggregate amount of bonds,
    45  notes and other obligations authorized to be  issued  pursuant  to  this
    46  section shall exclude bonds, notes or other obligations issued to refund
    47  or otherwise repay bonds, notes or other obligations theretofore issued,
    48  the proceeds of which were paid to the state for all or a portion of the
    49  amounts  expended  by  the state from appropriations or reappropriations
    50  made to the office of children and family services;  provided,  however,
    51  that  upon any such refunding or repayment the total aggregate principal
    52  amount of outstanding bonds, notes or other obligations may  be  greater
    53  than  eight  hundred  [four]  forty  million [six] three hundred fifteen
    54  thousand dollars [$804,615,000] $840,315,000, only if the present  value
    55  of the aggregate debt service of the refunding or repayment bonds, notes
    56  or  other obligations to be issued shall not exceed the present value of

        S. 7505                            98                            A. 9505

     1  the aggregate debt service of the bonds, notes or other  obligations  so
     2  to  be refunded or repaid. For the purposes hereof, the present value of
     3  the aggregate debt service of the refunding or repayment bonds, notes or
     4  other  obligations and of the aggregate debt service of the bonds, notes
     5  or other obligations so refunded  or  repaid,  shall  be  calculated  by
     6  utilizing  the  effective  interest  rate  of the refunding or repayment
     7  bonds, notes or other obligations, which shall be that rate  arrived  at
     8  by  doubling  the  semi-annual  interest rate (compounded semi-annually)
     9  necessary to discount the debt service  payments  on  the  refunding  or
    10  repayment bonds, notes or other obligations from the payment dates ther-
    11  eof  to  the date of issue of the refunding or repayment bonds, notes or
    12  other obligations and to  the  price  bid  including  estimated  accrued
    13  interest  or  proceeds  received  by the corporation including estimated
    14  accrued interest from the sale thereof.
    15    § 36. Paragraph b of subdivision 2 of section  9-a  of  section  1  of
    16  chapter 392 of the laws of 1973, constituting the New York state medical
    17  care facilities finance agency act, as amended by section 42 of part TTT
    18  of chapter 59 of the laws of 2019, is amended to read as follows:
    19    b.  The  agency shall have power and is hereby authorized from time to
    20  time to issue negotiable bonds and notes in conformity  with  applicable
    21  provisions  of  the uniform commercial code in such principal amount as,
    22  in the opinion of the agency, shall  be  necessary,  after  taking  into
    23  account  other moneys which may be available for the purpose, to provide
    24  sufficient funds to  the  facilities  development  corporation,  or  any
    25  successor agency, for the financing or refinancing of or for the design,
    26  construction, acquisition, reconstruction, rehabilitation or improvement
    27  of  mental  health  services  facilities pursuant to paragraph a of this
    28  subdivision, the payment of interest on mental health services  improve-
    29  ment  bonds and mental health services improvement notes issued for such
    30  purposes, the establishment of reserves to secure such bonds and  notes,
    31  the  cost  or  premium  of  bond insurance or the costs of any financial
    32  mechanisms which may be used to reduce the debt service  that  would  be
    33  payable  by the agency on its mental health services facilities improve-
    34  ment bonds and notes and all other expenditures of the  agency  incident
    35  to  and  necessary or convenient to providing the facilities development
    36  corporation, or any successor agency, with funds for  the  financing  or
    37  refinancing of or for any such design, construction, acquisition, recon-
    38  struction, rehabilitation or improvement and for the refunding of mental
    39  hygiene improvement bonds issued pursuant to section 47-b of the private
    40  housing  finance law; provided, however, that the agency shall not issue
    41  mental health services facilities improvement bonds  and  mental  health
    42  services  facilities  improvement notes in an aggregate principal amount
    43  exceeding [nine billion three hundred thirty-three million three hundred
    44  eight thousand] nine  billion  nine  hundred  twenty-seven  million  two
    45  hundred  seventy-six  thousand  dollars [$9,333,308,000] $9,927,276,000,
    46  excluding mental health services facilities improvement bonds and mental
    47  health services facilities improvement notes issued to refund  outstand-
    48  ing  mental  health  services  facilities  improvement  bonds and mental
    49  health services facilities improvement notes;  provided,  however,  that
    50  upon  any  such refunding or repayment of mental health services facili-
    51  ties improvement bonds and/or mental health services facilities improve-
    52  ment notes the total aggregate principal amount  of  outstanding  mental
    53  health  services  facilities improvement bonds and mental health facili-
    54  ties improvement notes may be greater than [nine billion  three  hundred
    55  thirty-three  million  three  hundred  eight thousand] nine billion nine
    56  hundred twenty-seven million two hundred  seventy-six  thousand  dollars

        S. 7505                            99                            A. 9505

     1  [$9,333,308,000] $9,927,276,000, only if, except as hereinafter provided
     2  with  respect  to  mental  health  services  facilities bonds and mental
     3  health  services  facilities  notes  issued  to  refund  mental  hygiene
     4  improvement  bonds authorized to be issued pursuant to the provisions of
     5  section 47-b of the private housing finance law, the  present  value  of
     6  the  aggregate  debt  service  of the refunding or repayment bonds to be
     7  issued shall not exceed the present value of the aggregate debt  service
     8  of  the bonds to be refunded or repaid. For purposes hereof, the present
     9  values of the aggregate debt  service  of  the  refunding  or  repayment
    10  bonds,  notes  or other obligations and of the aggregate debt service of
    11  the bonds, notes or other obligations so refunded or  repaid,  shall  be
    12  calculated  by utilizing the effective interest rate of the refunding or
    13  repayment bonds, notes or other obligations, which shall  be  that  rate
    14  arrived  at  by doubling the semi-annual interest rate (compounded semi-
    15  annually) necessary to discount the debt service payments on the refund-
    16  ing or repayment bonds, notes or  other  obligations  from  the  payment
    17  dates  thereof to the date of issue of the refunding or repayment bonds,
    18  notes or other obligations and to  the  price  bid  including  estimated
    19  accrued  interest  or proceeds received by the authority including esti-
    20  mated accrued interest from the sale thereof.  Such  bonds,  other  than
    21  bonds  issued  to refund outstanding bonds, shall be scheduled to mature
    22  over a term not to exceed the average useful life, as certified  by  the
    23  facilities  development corporation, of the projects for which the bonds
    24  are issued, and in any case shall not exceed thirty years and the  maxi-
    25  mum  maturity  of  notes  or  any renewals thereof shall not exceed five
    26  years from the date of the original issue of such notes. Notwithstanding
    27  the provisions of this section, the agency shall have the power  and  is
    28  hereby authorized to issue mental health services facilities improvement
    29  bonds  and/or  mental  health  services  facilities improvement notes to
    30  refund outstanding mental hygiene improvement  bonds  authorized  to  be
    31  issued pursuant to the provisions of section 47-b of the private housing
    32  finance  law  and  the  amount  of  bonds issued or outstanding for such
    33  purposes shall not be included for purposes of determining the amount of
    34  bonds issued pursuant to this section. The director of the budget  shall
    35  allocate  the  aggregate principal authorized to be issued by the agency
    36  among the office of mental health, office for people with  developmental
    37  disabilities,   and  the  office  of  [alcoholism  and  substance  abuse
    38  services] addiction services and supports, in  consultation  with  their
    39  respective  commissioners  to finance bondable appropriations previously
    40  approved by the legislature.
    41    § 37. Subdivision (a) of section 28 of part Y of  chapter  61  of  the
    42  laws  of  2005,  relating to providing for the administration of certain
    43  funds and accounts related  to  the  2005-2006  budget,  as  amended  by
    44  section  43 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  any  provisions  of  law  to  the contrary, one or more
    48  authorized issuers as defined by section 68-a of the state  finance  law
    49  are  hereby  authorized to issue bonds or notes in one or more series in
    50  an aggregate principal amount not to  exceed  [ninety-two  million]  one
    51  hundred  fifty-seven million dollars [$92,000,000] $157,000,000, exclud-
    52  ing bonds issued to finance one or more debt service reserve  funds,  to
    53  pay costs of issuance of such bonds, and bonds or notes issued to refund
    54  or  otherwise  repay  such  bonds  or  notes  previously issued, for the
    55  purpose of financing capital projects for public  protection  facilities
    56  in  the Division of Military and Naval Affairs, debt service and leases;

        S. 7505                            100                           A. 9505

     1  and to reimburse the state general fund for disbursements made therefor.
     2  Such bonds and notes of such authorized issuer shall not be  a  debt  of
     3  the  state, and the state shall not be liable thereon, nor shall they be
     4  payable  out  of any funds other than those appropriated by the state to
     5  such authorized issuer for debt service and related expenses pursuant to
     6  any service contract  executed  pursuant  to  subdivision  (b)  of  this
     7  section  and  such  bonds  and notes shall contain on the face thereof a
     8  statement to such effect. Except for  purposes  of  complying  with  the
     9  internal revenue code, any interest income earned on bond proceeds shall
    10  only be used to pay debt service on such bonds.
    11    §  38.  Section  53  of  section 1 of chapter 174 of the laws of 1968,
    12  constituting the New York state urban development  corporation  act,  as
    13  added  by  section  46 of part TTT of chapter 59 of the laws of 2019, is
    14  amended to read as follows:
    15    § 53. 1. Notwithstanding the  provisions  of  any  other  law  to  the
    16  contrary,  the dormitory authority and the urban development corporation
    17  are hereby authorized to issue bonds or notes in one or more series  for
    18  the  purpose  of funding project costs for the acquisition of equipment,
    19  including but not limited to the creation or modernization  of  informa-
    20  tion  technology systems and related research and development equipment,
    21  health and safety equipment, heavy equipment and machinery, the creation
    22  or improvement of security systems, and laboratory equipment  and  other
    23  state costs associated with such capital projects. The aggregate princi-
    24  pal  amount  of  bonds  authorized to be issued pursuant to this section
    25  shall not exceed [ninety-three million] one hundred ninety-three million
    26  dollars [$93,000,000] $193,000,000, excluding bonds issued to  fund  one
    27  or  more  debt  service  reserve funds, to pay costs of issuance of such
    28  bonds, and bonds or notes issued to refund or otherwise repay such bonds
    29  or notes previously issued.  Such  bonds  and  notes  of  the  dormitory
    30  authority  and  the urban development corporation shall not be a debt of
    31  the state, and the state shall not be liable thereon, nor shall they  be
    32  payable  out  of any funds other than those appropriated by the state to
    33  the dormitory authority and the urban development corporation for  prin-
    34  cipal, interest, and related expenses pursuant to a service contract and
    35  such  bonds  and  notes shall contain on the face thereof a statement to
    36  such effect. Except for purposes of complying with the internal  revenue
    37  code,  any interest income earned on bond proceeds shall only be used to
    38  pay debt service on such bonds.
    39    2. Notwithstanding any other provision of  law  to  the  contrary,  in
    40  order to assist the dormitory authority and the urban development corpo-
    41  ration  in  undertaking the financing for project costs for the acquisi-
    42  tion of equipment, including but not limited to the creation or  modern-
    43  ization  of  information  technology  systems  and  related research and
    44  development equipment, health and safety equipment, heavy equipment  and
    45  machinery,  the creation or improvement of security systems, and labora-
    46  tory equipment and  other  state  costs  associated  with  such  capital
    47  projects,  the director of the budget is hereby authorized to enter into
    48  one or more service contracts with the dormitory authority and the urban
    49  development corporation, none of which  shall  exceed  thirty  years  in
    50  duration,  upon  such terms and conditions as the director of the budget
    51  and the dormitory authority and the urban development corporation agree,
    52  so as to annually provide to  the  dormitory  authority  and  the  urban
    53  development corporation, in the aggregate, a sum not to exceed the prin-
    54  cipal, interest, and related expenses required for such bonds and notes.
    55  Any service contract entered into pursuant to this section shall provide
    56  that  the  obligation  of  the  state to pay the amount therein provided

        S. 7505                            101                           A. 9505

     1  shall not constitute a debt of the  state  within  the  meaning  of  any
     2  constitutional or statutory provision and shall be deemed executory only
     3  to  the  extent  of  monies  available  and  that  no liability shall be
     4  incurred  by  the  state  beyond  the monies available for such purpose,
     5  subject to annual appropriation by the legislature. Any such contract or
     6  any payments made or to be made thereunder may be assigned  and  pledged
     7  by  the  dormitory  authority  and  the urban development corporation as
     8  security for its bonds and notes, as authorized by this section.
     9    § 39. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
    10  1991,  amending  the  state  finance  law and other laws relating to the
    11  establishment of the dedicated highway and bridge trust fund, as amended
    12  by section 1 of part K of chapter 39 of the laws of 2019, is amended  to
    13  read as follows:
    14    (b) Any service contract or contracts for projects authorized pursuant
    15  to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
    16  14-k of the transportation law, and entered into pursuant to subdivision
    17  (a) of this section, shall provide  for  state  commitments  to  provide
    18  annually  to  the  thruway  authority a sum or sums, upon such terms and
    19  conditions as shall be deemed appropriate by the director of the budget,
    20  to fund, or fund the debt service requirements of any bonds or any obli-
    21  gations of the thruway authority issued to  fund  or  to  reimburse  the
    22  state  for  funding  such  projects  having a cost not in excess of [ten
    23  billion eight hundred five million seven hundred seventy-eight thousand]
    24  eleven billion two hundred eighty-three million  five  hundred  seventy-
    25  five  thousand dollars [$10,805,778,000] $11,283,575,000 cumulatively by
    26  the end of fiscal year [2019-20] 2020-21.
    27    § 40. Subdivision 1 of section 1689-i of the public  authorities  law,
    28  as  amended by section 2 of part K of chapter 39 of the laws of 2019, is
    29  amended to read as follows:
    30    1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
    31  request  of  the  commissioner of education, to finance eligible library
    32  construction projects pursuant to section two hundred seventy-three-a of
    33  the education law, in amounts certified  by  such  commissioner  not  to
    34  exceed  a  total  principal amount of two hundred [fifty-one] sixty-five
    35  million dollars [$251,000,000] $265,000,000.
    36    § 41. Section 44 of section 1 of chapter 174  of  the  laws  of  1968,
    37  constituting  the  New  York state urban development corporation act, as
    38  amended by section 3 of part K of chapter 39 of the  laws  of  2019,  is
    39  amended to read as follows:
    40    §  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
    41  provisions of any other law to the contrary, the dormitory authority and
    42  the corporation are hereby authorized to issue bonds or notes in one  or
    43  more  series  for  the purpose of funding project costs for the regional
    44  economic development council  initiative,  the  economic  transformation
    45  program,  state university of New York college for nanoscale and science
    46  engineering, projects within the city of Buffalo  or  surrounding  envi-
    47  rons,  the  New  York  works economic development fund, projects for the
    48  retention of professional football in western New York, the empire state
    49  economic development fund, the  clarkson-trudeau  partnership,  the  New
    50  York  genome  center, the cornell university college of veterinary medi-
    51  cine, the olympic  regional  development  authority,  projects  at  nano
    52  Utica,  onondaga  county  revitalization projects, Binghamton university
    53  school of pharmacy, New York power electronics manufacturing consortium,
    54  regional infrastructure projects,  high  tech  innovation  and  economic
    55  development   infrastructure   program,  high  technology  manufacturing
    56  projects in Chautauqua and Erie county, an industrial scale research and

        S. 7505                            102                           A. 9505

     1  development facility in Clinton county,  upstate  revitalization  initi-
     2  ative  projects,  downstate  revitalization  initiative, market New York
     3  projects, fairground buildings, equipment or facilities  used  to  house
     4  and  promote  agriculture,  the  state fair, the empire state trail, the
     5  moynihan station development project, the  Kingsbridge  armory  project,
     6  strategic  economic  development projects, the cultural, arts and public
     7  spaces fund, water infrastructure in the city  of  Auburn  and  town  of
     8  Owasco,  a  life  sciences laboratory public health initiative, not-for-
     9  profit pounds, shelters and humane societies, arts and cultural  facili-
    10  ties  improvement  program,  restore  New York's communities initiative,
    11  heavy  equipment,  economic  development  and  infrastructure  projects,
    12  Roosevelt  Island  operating  corporation capital projects, Lake Ontario
    13  regional projects, Pennsylvania station and other transit  projects  and
    14  other state costs associated with such projects. The aggregate principal
    15  amount  of  bonds authorized to be issued pursuant to this section shall
    16  not exceed [nine billion eight hundred twenty-one  million  six  hundred
    17  thirty-six thousand] ten billion three hundred thirty-four million eight
    18  hundred  fifty-one  thousand  dollars  [$9,821,636,000] $10,334,851,000,
    19  excluding bonds issued to fund one or more debt service  reserve  funds,
    20  to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
    21  refund or otherwise repay such bonds or notes  previously  issued.  Such
    22  bonds and notes of the dormitory authority and the corporation shall not
    23  be  a  debt of the state, and the state shall not be liable thereon, nor
    24  shall they be payable out of any funds other than those appropriated  by
    25  the  state to the dormitory authority and the 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    2.  Notwithstanding  any  other  provision  of law to the contrary, in
    32  order to assist the dormitory authority and the corporation in undertak-
    33  ing the financing for project costs for the regional  economic  develop-
    34  ment  council  initiative,  the  economic  transformation program, state
    35  university of New York college for nanoscale  and  science  engineering,
    36  projects  within  the  city  of Buffalo or surrounding environs, the New
    37  York works economic development fund,  projects  for  the  retention  of
    38  professional  football  in  western  New York, the empire state economic
    39  development fund, the clarkson-trudeau partnership, the New York  genome
    40  center, the cornell university college of veterinary medicine, the olym-
    41  pic  regional  development  authority,  projects at nano Utica, onondaga
    42  county revitalization projects, Binghamton university school of  pharma-
    43  cy,  New  York  power  electronics  manufacturing  consortium,  regional
    44  infrastructure projects, New York State Capital Assistance  Program  for
    45  Transportation,  infrastructure,  and  economic  development,  high tech
    46  innovation and economic development infrastructure program,  high  tech-
    47  nology  manufacturing  projects in Chautauqua and Erie county, an indus-
    48  trial scale research and development facility in Clinton county, upstate
    49  revitalization initiative projects, downstate revitalization initiative,
    50  market New York projects, fairground buildings, equipment or  facilities
    51  used  to house and promote agriculture, the state fair, the empire state
    52  trail, the moynihan station development project, the Kingsbridge  armory
    53  project, strategic economic development projects, the cultural, arts and
    54  public  spaces fund, water infrastructure in the city of Auburn and town
    55  of Owasco, a life sciences laboratory public health initiative, not-for-
    56  profit pounds, shelters and humane societies, arts and cultural  facili-

        S. 7505                            103                           A. 9505

     1  ties  improvement  program,  restore  New York's communities initiative,
     2  heavy  equipment,  economic  development  and  infrastructure  projects,
     3  Roosevelt  Island  operating  corporation capital projects, Lake Ontario
     4  regional  projects,  Pennsylvania station and other transit projects and
     5  other state costs associated with such  projects  the  director  of  the
     6  budget  is hereby authorized to enter into one or more service contracts
     7  with the dormitory authority and the corporation, none  of  which  shall
     8  exceed  thirty  years in duration, upon such terms and conditions as the
     9  director of the budget and the dormitory authority and  the  corporation
    10  agree,  so  as  to  annually  provide to the dormitory authority and the
    11  corporation, in the aggregate, a sum not to exceed the principal, inter-
    12  est, and related expenses required for such bonds and notes. Any service
    13  contract entered into pursuant to this section shall  provide  that  the
    14  obligation  of  the  state  to pay the amount therein provided shall not
    15  constitute a debt of the state within the meaning of any  constitutional
    16  or  statutory provision and shall be deemed executory only to the extent
    17  of monies available and that no liability shall be incurred by the state
    18  beyond the monies available for such purpose, subject to  annual  appro-
    19  priation  by  the legislature. Any such contract or any payments made or
    20  to be made thereunder may be  assigned  and  pledged  by  the  dormitory
    21  authority  and  the  corporation as security for its bonds and notes, as
    22  authorized by this section.
    23    § 42. Subdivision 1 of section 386-b of the public authorities law, as
    24  amended by section 4 of part K of chapter 39 of the  laws  of  2019,  is
    25  amended to read as follows:
    26    1.  Notwithstanding  any  other  provision of law to the contrary, the
    27  authority, the dormitory authority and the urban development corporation
    28  are hereby authorized to issue bonds or notes in one or more series  for
    29  the  purpose  of  financing  peace  bridge projects and capital costs of
    30  state and local highways, parkways, bridges, the New York state thruway,
    31  Indian reservation roads, and facilities, and transportation infrastruc-
    32  ture  projects  including  aviation  projects,  non-MTA   mass   transit
    33  projects,  and rail service preservation projects, including work appur-
    34  tenant and ancillary thereto. The aggregate principal  amount  of  bonds
    35  authorized  to be issued pursuant to this section shall not exceed [four
    36  billion six  hundred  forty-eight  million]  six  billion  nine  hundred
    37  forty-two    million   four   hundred   sixty-three   thousand   dollars
    38  [$4,648,000,000] $6,942,463,000, excluding bonds issued to fund  one  or
    39  more debt service reserve funds, to pay costs of issuance of such bonds,
    40  and  to refund or otherwise repay such bonds or notes previously issued.
    41  Such bonds and notes of the authority, the dormitory authority  and  the
    42  urban  development corporation shall not be a debt of the state, and the
    43  state shall not be liable thereon, nor shall they be payable out of  any
    44  funds  other  than those appropriated by the state to the authority, the
    45  dormitory authority and the urban development corporation for principal,
    46  interest, and related expenses pursuant to a service contract  and  such
    47  bonds  and  notes  shall contain on the face thereof a statement to such
    48  effect. Except for purposes of complying with the internal revenue code,
    49  any interest income earned on bond proceeds shall only be  used  to  pay
    50  debt service on such bonds.
    51    §  43.  Paragraph  (a) of subdivision 2 of section 47-e of the private
    52  housing finance law, as amended by section 8 of part K of chapter 39  of
    53  the laws of 2019, is amended to read as follows:
    54    (a) Subject to the provisions of chapter fifty-nine of the laws of two
    55  thousand,  in  order  to  enhance and encourage the promotion of housing
    56  programs and thereby achieve the stated purposes and objectives of  such

        S. 7505                            104                           A. 9505

     1  housing  programs, the agency shall have the power and is hereby author-
     2  ized from time to time to issue negotiable  housing  program  bonds  and
     3  notes  in  such principal amount as shall be necessary to provide suffi-
     4  cient  funds  for the repayment of amounts disbursed (and not previously
     5  reimbursed) pursuant to law or any prior year making  capital  appropri-
     6  ations  or  reappropriations  for  the  purposes of the housing program;
     7  provided, however, that the agency may issue such bonds and notes in  an
     8  aggregate principal amount not exceeding [six billion two hundred ninety
     9  million  five  hundred  ninety-nine  thousand]  six billion five hundred
    10  thirty-one  million   five   hundred   twenty-three   thousand   dollars
    11  [$6,290,599,000] $6,531,523,000, plus a principal amount of bonds issued
    12  to  fund  the  debt  service  reserve  fund  in accordance with the debt
    13  service reserve fund requirement established by the agency and  to  fund
    14  any  other  reserves  that the agency reasonably deems necessary for the
    15  security or marketability of such bonds and to provide for  the  payment
    16  of   fees  and  other  charges  and  expenses,  including  underwriters'
    17  discount,  trustee  and  rating  agency  fees,  bond  insurance,  credit
    18  enhancement  and  liquidity  enhancement related to the issuance of such
    19  bonds and notes. No reserve fund  securing  the  housing  program  bonds
    20  shall  be  entitled  or  eligible  to receive state funds apportioned or
    21  appropriated to maintain or restore such reserve fund at or to a partic-
    22  ular level, except to the extent of any deficiency resulting directly or
    23  indirectly from a failure of the state to appropriate or pay the  agreed
    24  amount  under  any  of the contracts provided for in subdivision four of
    25  this section.
    26    § 44. Subdivision 1 of section 50 of section 1 of chapter 174  of  the
    27  laws  of  1968, constituting the New York state urban development corpo-
    28  ration act, as amended by section 5 of part K of chapter 39 of the  laws
    29  of 2019, is amended to read as follows:
    30    1.  Notwithstanding  the  provisions of any other law to the contrary,
    31  the dormitory authority and the urban development corporation are hereby
    32  authorized to issue bonds or notes in one or more series for the purpose
    33  of funding project costs undertaken by  or  on  behalf  of  special  act
    34  school  districts,  state-supported  schools  for  the  blind  and deaf,
    35  approved private special education schools, non-public schools, communi-
    36  ty centers, day care facilities, residential camps, day camps, and other
    37  state costs associated with such capital projects. The aggregate princi-
    38  pal amount of bonds authorized to be issued  pursuant  to  this  section
    39  shall  not  exceed  one  hundred  [thirty]  fifty-five  million  dollars
    40  [$130,000,000] $155,000,000, excluding bonds issued to fund one or  more
    41  debt  service reserve funds, to pay costs of issuance of such bonds, and
    42  bonds or notes issued to refund or otherwise repay such bonds  or  notes
    43  previously  issued.  Such bonds and notes of the dormitory authority and
    44  the urban development corporation shall not be a debt of the state,  and
    45  the  state shall not be liable thereon, nor shall they be payable out of
    46  any funds other than those appropriated by the state  to  the  dormitory
    47  authority and the urban development corporation for principal, interest,
    48  and  related  expenses pursuant to a service contract and such bonds and
    49  notes shall contain on the face thereof  a  statement  to  such  effect.
    50  Except  for  purposes  of  complying with the internal revenue code, any
    51  interest income earned on bond proceeds shall only be used to  pay  debt
    52  service on such bonds.
    53    §45.  Subdivision  1  of section 47 of section 1 of chapter 174 of the
    54  laws of 1968, constituting the New York state urban  development  corpo-
    55  ration  act,  as  amended by section 27 of part TTT of chapter 59 of the
    56  laws of 2019, is amended to read as follows:

        S. 7505                            105                           A. 9505

     1    1. Notwithstanding the provisions of any other law  to  the  contrary,
     2  the  dormitory  authority  and  the corporation are hereby authorized to
     3  issue bonds or notes in one or more series for the  purpose  of  funding
     4  project costs for the office of information technology services, depart-
     5  ment  of  law,  and  other  state  costs  associated  with  such capital
     6  projects. The aggregate principal  amount  of  bonds  authorized  to  be
     7  issued  pursuant  to  this  section shall not exceed [six] eight hundred
     8  [seventy-seven]  thirty  million  [three  hundred]  fifty-four  thousand
     9  dollars,  [$677,354,000] $830,054,000 excluding bonds issued to fund one
    10  or more debt service reserve funds, to pay costs  of  issuance  of  such
    11  bonds, and bonds or notes issued to refund or otherwise repay such bonds
    12  or  notes  previously  issued.  Such  bonds  and  notes of the dormitory
    13  authority and the corporation shall not be a debt of the state, and  the
    14  state  shall not be liable thereon, nor shall they be payable out of any
    15  funds other than those  appropriated  by  the  state  to  the  dormitory
    16  authority  and  the  corporation  for  principal,  interest, and related
    17  expenses pursuant to a service contract and such bonds and  notes  shall
    18  contain  on  the  face  thereof  a  statement to such effect. Except for
    19  purposes of complying with  the  internal  revenue  code,  any  interest
    20  income earned on bond proceeds shall only be used to pay debt service on
    21  such bonds.
    22    §  46.  Paragraph  (b)  of  subdivision  4  of section 72 of the state
    23  finance law, as amended by section 43 of part XXX of chapter 59  of  the
    24  laws of 2017, is amended to read as follows:
    25    (b)  On  or  before the beginning of each quarter, the director of the
    26  budget may certify to the state  comptroller  the  estimated  amount  of
    27  monies  that  shall be reserved in the general debt service fund for the
    28  payment of debt service and related expenses payable by such fund during
    29  each month of the state fiscal year, excluding  payments  due  from  the
    30  revenue  bond tax fund. Such certificate may be periodically updated, as
    31  necessary. Notwithstanding any provision of law  to  the  contrary,  the
    32  state  comptroller  shall  reserve  in the general debt service fund the
    33  amount of monies identified on such certificate  as  necessary  for  the
    34  payment  of debt service and related expenses during the current or next
    35  succeeding quarter of the state fiscal year. Such monies reserved  shall
    36  not  be  available  for  any  other  purpose.  Such certificate shall be
    37  reported to the chairpersons of the Senate  Finance  Committee  and  the
    38  Assembly  Ways  and  Means  Committee. [The provisions of this paragraph
    39  shall expire June thirtieth, two thousand twenty.]
    40    § 47. Section 2 of the state finance law is amended by  adding  a  new
    41  subdivision 1-a to read as follows:
    42    1-a.  "Business  day".  Any  day  of the year which is not a Saturday,
    43  Sunday or legal holiday in the state of New York and not a day on  which
    44  banks are authorized or obligated to be closed in the city of New York.
    45    §  48. Paragraph a of subdivision 4 of section 57 of the state finance
    46  law, as amended by section 39 of part JJ of chapter 56 of  the  laws  of
    47  2010, is amended to read as follows:
    48    a.  Such  bonds  shall  be sold at par, at par plus a premium, or at a
    49  discount to the bidder offering the lowest interest cost to  the  state,
    50  taking  into  consideration  any premium or discount and, in the case of
    51  refunding bonds, the bona fide initial public offering price,  not  less
    52  than  [four  nor more than fifteen days, Sundays excepted,] two business
    53  days after the publication of  a    notice  of  [such]  sale  [has  been
    54  published] at least once in a definitive trade publication of the munic-
    55  ipal  bond  industry  published on each business day in the state of New
    56  York which is generally available in  electronic  or  physical  form  to

        S. 7505                            106                           A. 9505

     1  participants  in  the  municipal bond industry, which notice shall state
     2  the terms of the sale. The comptroller may not change the terms  of  the
     3  sale  unless  notice  of such change is sent via a definitive trade wire
     4  service  of  the municipal bond industry which, in general, makes avail-
     5  able information regarding activity and sales of municipal bonds and  is
     6  generally  available  to participants in the municipal bond industry, at
     7  least one hour prior to the time  of  the  sale  as  set  forth  in  the
     8  original  notice  of  sale.  In so changing the terms or conditions of a
     9  sale the comptroller may send notice by such wire service that the  sale
    10  will  be  delayed by up to thirty days, provided that wire notice of the
    11  new sale date will be given at least one business day prior to  the  new
    12  time  when  bids  will be accepted. In such event, no new notice of sale
    13  shall be required to be published.  Notwithstanding  the  provisions  of
    14  section three hundred five of the state technology law or any other law,
    15  if  the  notice  of  sale  contains  a  provision that bids will only be
    16  accepted electronically in the manner provided in such notice  of  sale,
    17  the  comptroller  shall not be required to accept non-electronic bids in
    18  any form. Advertisements shall contain a provision to  the  effect  that
    19  the  state  comptroller, in his or her discretion, may reject any or all
    20  bids made in pursuance of such advertisements, and in the event of  such
    21  rejection,  the  state  comptroller is authorized to negotiate a private
    22  sale or readvertise for bids in the form and manner above  described  as
    23  many  times  as,  in  his  or her judgment, may be necessary to effect a
    24  satisfactory sale. Notwithstanding  the  foregoing  provisions  of  this
    25  paragraph,  whenever in the judgment of the comptroller the interests of
    26  the state will be served thereby, he or she  may  sell  state  bonds  at
    27  private  sale at par, at par plus a premium, or at a discount. The comp-
    28  troller shall promulgate regulations governing the terms and  conditions
    29  of  any  such private sales, which regulations shall include a provision
    30  that he or she give notice to the governor, the temporary  president  of
    31  the  senate, and the speaker of the assembly, of his or her intention to
    32  conduct a private sale of obligations pursuant to this section not  less
    33  than [five] two business days prior to such sale or the execution of any
    34  binding agreement to effect such sale.
    35    §  49.  Subdivision  (a)  of section 211 of the civil practice law and
    36  rules, as amended by chapter 267 of the laws of 1970, is amended to read
    37  as follows:
    38    (a) On a bond. An action to recover principal or interest upon a writ-
    39  ten instrument evidencing an indebtedness of the state of New York or of
    40  any person, association or public  or  private  corporation,  originally
    41  sold  by  the  issuer after publication of an advertisement for bids for
    42  the issue in [a newspaper of general circulation] electronic or physical
    43  form and secured only by a pledge of the faith and credit of the issuer,
    44  regardless of whether a sinking fund is or may be  established  for  its
    45  redemption,  must  be  commenced  within twenty years after the cause of
    46  action accrues. This subdivision does not apply to actions upon  written
    47  instruments  evidencing  an indebtedness of any corporation, association
    48  or person under the jurisdiction of the public service  commission,  the
    49  commissioner  of transportation, the interstate commerce commission, the
    50  federal communications commission,  the  civil  aeronautics  board,  the
    51  federal power commission, or any other regulatory commission or board of
    52  a  state  or  of the federal government. This subdivision applies to all
    53  causes of action, including those barred on April  eighteenth,  nineteen
    54  hundred  fifty,  by the provisions of the civil practice act then effec-
    55  tive.

        S. 7505                            107                           A. 9505

     1    § 50. The opening paragraph of subdivision 9 of section 8 of the state
     2  finance law, as separately amended by chapters 405 and 957 of  the  laws
     3  of 1981, is amended to read as follows:
     4    Make  a report to the legislature prior to the convening of its annual
     5  session, containing a complete statement of  every  fund  of  the  state
     6  including  every fund under the supervision or control of any department
     7  or any officer or division, bureau, commission, board or other organiza-
     8  tion therein from whatever source derived and whether or  not  deposited
     9  in the treasury, other than the funds of moneyed corporations or private
    10  bankers  in  liquidation  or rehabilitation, together with a citation of
    11  the statute authorizing the creation or establishment of each such fund,
    12  all balances of money and receipts and disbursements during the  preced-
    13  ing  fiscal year presented in accordance with the accounting principles,
    14  policies, and legislative intent, including but not limited  to  refunds
    15  of  appropriation, set forth in a budget bill enacted in accordance with
    16  Article VII of the State Constitution, a statement  of  each  object  of
    17  disbursement, the funds, if any, from which paid or to be paid, a sched-
    18  ule  by month of the investments of cash not needed for day to day oper-
    19  ations including but not limited to total investment income, the average
    20  daily invested balance and related yields for each fund, and a statement
    21  of all claims against the state presented to him where no  provision  or
    22  an  insufficient provision for the payment thereof has been made by law,
    23  with the facts relating thereto and his opinion thereon, and  suggesting
    24  plans  for  the  improvement and management of the public resources, and
    25  containing such other information and recommendations  relating  to  the
    26  fiscal  affairs  of the state, as in his judgment should be communicated
    27  to the legislature, provided that:
    28    § 51. Paragraph a of subdivision 9-a of section 8 of the state finance
    29  law, as amended by chapter 551 of the laws of 1989, is amended  to  read
    30  as follows:
    31    a. Issue, on or before the fifteenth day of each month and cause to be
    32  published in the state register, a report including (1) a summary of the
    33  preceding  month's  investments  of cash not needed for day to day oper-
    34  ations including but not limited to total investment income, the average
    35  daily investment balance and related yield; and (2) a statement  setting
    36  forth briefly the several receipts of and disbursements from the general
    37  fund during the preceding month, and also the total of such receipts and
    38  disbursements from the beginning of the fiscal year to the close of such
    39  preceding  month  and the cash balance of the general fund, exclusive of
    40  receipts and disbursements on account of  temporary  borrowing,  at  the
    41  close  of  such  preceding  month,  provided that for state fiscal years
    42  beginning on or after April first, nineteen hundred eighty-two the comp-
    43  troller shall include in such reports the required information  for  all
    44  funds  and  fund types.  Such reports shall be prepared and presented in
    45  accordance with the accounting  principles,  policies,  and  legislative
    46  intent, including but not limited to refunds of appropriation, set forth
    47  in  a  budget  bill  enacted in accordance with Article VII of the State
    48  Constitution.
    49    § 52. The state finance law is amended by adding a new section 2-b  to
    50  read as follows:
    51    § 2-b. Additional definitions. As used in subdivisions nine and nine-a
    52  of  section  eight  of  this article, the following terms shall have the
    53  following meanings:
    54    1. "Refund of appropriation". Receipt of refunds, rebates,  reimburse-
    55  ments, credits, repayments, and/or disallowances, as defined herein, the
    56  office  of  the  state  comptroller  shall credit the refunded, rebated,

        S. 7505                            108                           A. 9505

     1  reimbursed, credited, repaid, and disallowed amount back to the original
     2  appropriation and reduce expenditures in the year which such  credit  is
     3  received regardless of the timing of the initial expenditure.
     4    2.  "Refunds". Funds received to the state resulting from the overpay-
     5  ment of monies.
     6    3. "Rebates". Funds received to the state resulting a from return of a
     7  full or partial amount previously paid, as for goods or services,  serv-
     8  ing as a reduction, discount or rebate to the original payment amount.
     9    4.  "Reimbursements".  Funds  received to the state as repayment in an
    10  equivalent amount for goods or services, including but  not  limited  to
    11  personal  service  costs,  incurred  by  the state in the first instance
    12  being provided to a third party for their benefit and  partially  or  in
    13  full financed by such third party.
    14    5. "Credit". Monies made available to the state that reduce the amount
    15  owed  to  a  third  party,  including but not limited to billing errors,
    16  rebates, and prior overpayments.
    17    6. "Repayment".  The  return  of  monies  as  pay  back  for  expenses
    18  incurred.
    19    7.  "Disallowance".  Monies  made available to the state that were not
    20  allowed or accepted officially by the intended  recipient,  based  on  a
    21  determination the payment is not acceptable and/or valid.
    22    §  53.  This  act shall take effect immediately and shall be deemed to
    23  have been in full force and effect on and after April 1, 2020; provided,
    24  however, that the provisions of sections one, one-a, two,  three,  four,
    25  five,  six,  seven, eight, twelve, thirteen, fourteen, fifteen, sixteen,
    26  seventeen, eighteen, nineteen, twenty-one, twenty-two, twenty-three, and
    27  twenty-four of this act shall expire March 31, 2021 when upon such  date
    28  the provisions of such sections shall be deemed repealed.
    29    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    30  sion,  section  or  part  of  this act shall be adjudged by any court of
    31  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    32  impair,  or  invalidate  the remainder thereof, but shall be confined in
    33  its operation to the clause, sentence, paragraph,  subdivision,  section
    34  or part thereof directly involved in the controversy in which such judg-
    35  ment  shall  be  rendered. It is hereby declared to be the intent of the
    36  legislature that this act would have been enacted even if  such  invalid
    37  provisions had not been included herein.
    38    §  3.  This  act shall take effect immediately provided, however, that
    39  the applicable effective date of Parts A through VV of this act shall be
    40  as specifically set forth in the last section of such Parts.