STATE OF NEW YORK
        ________________________________________________________________________

            S. 2505                                                  A. 3005

                SENATE - ASSEMBLY

                                    January 20, 2021
                                       ___________

        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  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
          division  of  parole  into the department of corrections and community
          supervision, in relation to the effectiveness thereof; to amend  chap-
          ter 55 of the laws of 1992, amending the tax law and other laws relat-
          ing  to  taxes, surcharges, fees and funding, in relation to extending
          the expiration of certain provisions of such chapter; to amend chapter
          907 of the laws of 1984, amending the correction  law,  the  New  York

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12570-01-1

        S. 2505                             2                            A. 3005

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

        S. 2505                             3                            A. 3005

          establishing  the  crime  of  domestic violence (Part C); to amend the
          family court  act,  the  criminal  procedure  law,  and  the  domestic
          relations  law,  in  relation  to  authorizing  the court to require a
          person  subject  to an order of protection to pay reasonable costs for
          repairing damages caused by that person to the premises  of  a  person
          protected  by  such order (Part D); to amend the judiciary law and the
          executive law, in relation to reports of domestic violence data  (Part
          E); to amend the domestic relations law, in relation to the custody of
          children (Part F); to repeal section 240.37 of the penal law, relating
          to  loitering  for  the purpose of engaging in a prostitution offense;
          and to amend the penal law, the criminal  procedure  law,  the  social
          services  law  and the administrative code of the city of New York, in
          relation to making technical corrections relating thereto (Part G); to
          amend the family court act and  the  education  law,  in  relation  to
          removing the term incorrigible (Part H); to amend the election law, in
          relation  to  authorizing judges and their immediate family members to
          apply for confidentiality of voter registration records (Part  I);  to
          amend  the  criminal  procedure  law,  in  relation  to the electronic
          appearance of a defendant (Part J); to amend the  executive  law,  the
          criminal procedure law, the general municipal law, the public authori-
          ties  law  and  the civil service law, in relation to police officers;
          and to repeal certain provisions of the executive law  and  the  civil
          service law, relating thereto (Part K); to amend the executive law, in
          relation  to  monitoring  compliance  with executive order two hundred
          three (Part L); in relation to the closure of correctional facilities;
          and providing for the repeal of such provisions  upon  the  expiration
          thereof  (Part M); to amend the penal law, in relation to the purchase
          and disposal of firearms, rifles and shotguns (Part N); to  amend  the
          executive  law,  in  relation  to  the reporting of firearms seized or
          recovered by law enforcement (Part O); to amend  chapter  268  of  the
          laws  of  1996,  amending  the education law and the state finance law
          relating to providing a recruitment incentive  and  retention  program
          for  certain  active  members of the New York army national guard, New
          York air national guard, and New York naval militia,  in  relation  to
          the  effectiveness of such chapter (Part P); to amend election law, in
          relation to expanding the application period for  an  absentee  ballot
          request (Part Q); to amend the election law, in relation to establish-
          ing  a deadline for county boards to process and mail requested absen-
          tee ballots (Part R); to  amend  the  election  law,  in  relation  to
          expanding  polling  site  hours of operation during early voting (Part
          S); to amend the election law, in relation to expediting the  absentee
          ballot  counting  process  (Part  T);  to  amend  the election law, in
          relation to establishing a uniform process to ensure the timely admin-
          istration of recounts (Part U); to  amend  the  workers'  compensation
          law,  in  relation  to  allowing  the New York state insurance fund to
          enter into agreements with private insurance providers to  cover  out-
          of-state work (Part V); to amend the workers' compensation law and the
          insurance  law,  in relation to diversifying the New York state insur-
          ance fund's investment authority  (Part  W);  to  amend  the  workers'
          compensation  law  and  the  insurance  law, in relation to specifying
          methods of calculating deposits and reserves for the  aggregate  trust
          fund  and  reserves of the state insurance fund (Part X); to amend the
          alcoholic beverage control law, in relation to temporary  permits;  to
          amend  chapter  396  of  the  laws  of  2010, relating to liquidator's
          permits and temporary retail permits, in relation to the effectiveness
          thereof; and to repeal certain provisions of such law relating thereto

        S. 2505                             4                            A. 3005

          (Part Y); 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 Z); to amend the civil practice law and rules and the
          state finance law, in relation to the rate of interest to be  paid  on
          judgment  and accrued claims (Part AA); to amend the state finance law
          and the public authorities law, in relation to enacting the "New  York
          medical  supplies  act"  (Part BB); to amend the civil service law, in
          relation to ceasing  reimbursement  of  the  Medicare  income  related
          monthly adjustment amounts (IRMAA) to high income state retirees (Part
          CC);  to  amend  the  civil  service  law,  in relation to the state's
          contribution to the cost of health insurance premiums for future reti-
          rees of the state and their dependents (Part DD); to amend  the  civil
          service  law,  in  relation  to  capping the standard medicare premium
          charge (Part EE); to amend the state  technology  law  and  the  state
          finance  law,  in  relation  to  authorizing  comprehensive technology
          service contracts (Part FF);  to  amend  the  state  finance  law,  in
          relation  to  posting  the  names of individuals who are authorized to
          sign state  contracts  and  eliminating  unfavorable  terms  in  state
          contracts  (Part GG); to amend the public officers law, in relation to
          allowing the exchange of any record or  personal  information  between
          and  among agencies of the state (Part HH); to amend the general busi-
          ness law, in relation to enacting the "New  York  data  accountability
          and transparency act" (Part II); to amend the general business law, in
          relation  to  disclosures for the use of voice recognition features in
          internet-capable devices (Part JJ); to amend the state finance law, in
          relation to video lottery terminal aid (Part KK); to amend  the  state
          finance  law  and  the tax law, in relation to reducing aid and incen-
          tives for municipalities base level grants (Part  LL);  to  amend  the
          general municipal law, in relation to authorized investments for local
          governments (Part MM); to amend the general municipal law, in relation
          to enhancing flexibility within the county-wide shared services initi-
          ative;  and  to repeal certain provisions of the general municipal law
          relating thereto (Part NN); to amend chapter 308 of the laws of  2012,
          amending the general municipal law relating to providing local govern-
          ments  greater  contract  flexibility  and  cost savings by permitting
          certain shared purchasing among political subdivisions, in relation to
          the effectiveness thereof (Part OO); to  amend  the  county  law,  the
          correction  law,  the  executive  law, the judiciary law, the criminal
          procedure law and the education law, in relation to authorizing shared
          county jails (Part PP); and  to  provide  for  the  administration  of
          certain  funds and accounts related to the 2021-2022 budget, authoriz-
          ing certain payments and transfers; to amend the state finance law, in
          relation to the administration of certain funds and accounts; to amend
          part D of chapter 389 of the laws of 1997 relating to the financing of
          the correctional facilities improvement fund and  the  youth  facility
          improvement  fund,  in  relation  to  the issuance of certain bonds or
          notes; to amend part Y of chapter 61 of the laws of 2005, relating  to
          providing for the administration of certain funds and accounts related
          to  the 2005-2006 budget, in relation to the issuance of certain bonds
          or notes; to amend the public authorities  law,  in  relation  to  the
          issuance  of  certain  bonds  or  notes;  to  amend the New York state
          medical care facilities finance agency act, in relation to  the  issu-
          ance  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

        S. 2505                             5                            A. 3005

          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 issu-
          ance of certain bonds or notes; to amend the private  housing  finance
          law,  in relation to housing program bonds and notes; to amend the New
          York state urban development corporation act, in relation to authoriz-
          ing the dormitory authority of the state of New  York  and  the  urban
          development  corporation  to enter into line of credit facilities, and
          in relation to state-supported debt  issued  during  the  2022  fiscal
          year;  to  amend  the  state  finance  law, in relation to payments of
          bonds; to amend the state finance  law,  in  relation  to  the  mental
          health  services  fund; to amend the public health law, in relation to
          secured hospital project bonds; to repeal paragraph c of subdivision 5
          of section 89-b of the state finance law  relating  to  the  dedicated
          highway  and  bridge  trust fund; to repeal subdivision (j) of section
          92-dd of the state finance law relating to the HCRA resources fund; to
          repeal subdivision 3-a of the public health law relating  to  eligible
          secured  hospital  borrower;  and  providing for the repeal of certain
          provisions upon expiration thereof (Part QQ)

          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  necessary to implement the state public protection and  general  govern-
     3  ment budget for the 2021-2022 state fiscal year. Each component is whol-
     4  ly  contained within a Part identified as Parts A through QQ. The effec-
     5  tive date for each particular provision contained within  such  Part  is
     6  set forth in the last section of such Part. Any provision in any section
     7  contained within a Part, including the effective date of the Part, which
     8  makes  a  reference  to a section "of this act", when used in connection
     9  with that particular component, shall be deemed to mean and refer to the
    10  corresponding section of the Part in which it is found. Section three of
    11  this act sets forth the 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 A of chapter 55 of the  laws  of  2020,  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  [2021] 2023.
    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  A of chapter 55 of the laws of 2020, 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, [2021] 2023, when  it
    28  shall expire and be deemed repealed.

        S. 2505                             6                            A. 3005

     1    §  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
     2  correction law and the penal  law  relating  to  prisoner  furloughs  in
     3  certain  cases  and  the  crime  of  absconding therefrom, as amended by
     4  section 3 of part A of chapter 55 of the laws of  2020,  is  amended  to
     5  read as follows:
     6    §  3.  This act shall take effect 60 days after it shall have become a
     7  law and shall remain in effect until September 1, [2021] 2023.
     8    § 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
     9  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
    10  other  chapters and laws relating to correctional facilities, as amended
    11  by section 4 of part A of chapter 55 of the laws of 2020, is amended  to
    12  read as follows:
    13    § 20. This act shall take effect immediately except that section thir-
    14  teen  of  this  act shall expire and be of no further force or effect on
    15  and after September 1, [2021]  2023  and  shall  not  apply  to  persons
    16  committed to the custody of the department after such date, and provided
    17  further  that  the commissioner of corrections and community supervision
    18  shall report each January first and July first during such time  as  the
    19  earned  eligibility  program is in effect, to the chairmen of the senate
    20  crime victims, crime and correction committee, the senate codes  commit-
    21  tee,  the  assembly correction committee, and the assembly codes commit-
    22  tee, the standards in effect for earned  eligibility  during  the  prior
    23  six-month  period,  the  number  of inmates subject to the provisions of
    24  earned eligibility, the number who  actually  received  certificates  of
    25  earned  eligibility  during  that  period of time, the number of inmates
    26  with certificates who are granted parole upon their first  consideration
    27  for  parole,  the  number  with  certificates who are denied parole upon
    28  their first consideration, and the number  of  individuals  granted  and
    29  denied parole who did not have earned eligibility certificates.
    30    § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
    31  amending  the tax law and other laws relating to taxes, surcharges, fees
    32  and funding, as amended by section 5 of part A of chapter 55 of the laws
    33  of 2020, is amended to read as follows:
    34    (q) the provisions of section two  hundred  eighty-four  of  this  act
    35  shall  remain in effect until September 1, [2021] 2023 and be applicable
    36  to all persons entering the program on or before August 31, [2021] 2023.
    37    § 6. Section 10 of chapter 339 of  the  laws  of  1972,  amending  the
    38  correction  law  and  the  penal  law  relating  to inmate work release,
    39  furlough and leave, as amended by section 6 of part A of chapter  55  of
    40  the laws of 2020, is amended to read as follows:
    41    §  10. This act shall take effect 30 days after it shall have become a
    42  law and shall remain in effect  until  September  1,  [2021]  2023,  and
    43  provided  further  that  the commissioner of correctional services shall
    44  report each January first, and July first, to the chairman of the senate
    45  crime victims, crime and correction committee, the senate codes  commit-
    46  tee,  the  assembly correction committee, and the assembly codes commit-
    47  tee, the number of eligible inmates in each facility under  the  custody
    48  and  control  of  the commissioner who have applied for participation in
    49  any program offered under the provisions of work release,  furlough,  or
    50  leave, and the number of such inmates who have been approved for partic-
    51  ipation.
    52    §  7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994,
    53  relating to certain provisions which impact upon expenditure of  certain
    54  appropriations  made  by  chapter  50  of the laws of 1994, enacting the
    55  state operations budget, as amended by section 7 of part A of chapter 55
    56  of the laws of 2020, is amended to read as follows:

        S. 2505                             7                            A. 3005

     1    (c) sections forty-one and forty-two of this act shall expire  Septem-
     2  ber  1,  [2021] 2023; provided, that the provisions of section forty-two
     3  of this act shall apply to inmates entering the work release program  on
     4  or after such effective date; and
     5    §  8.  Subdivision  h  of section 74 of chapter 3 of the laws of 1995,
     6  amending the correction law and other laws relating to the incarceration
     7  fee, as amended by section 8 of part A of chapter  55  of  the  laws  of
     8  2020, is amended to read as follows:
     9    h.  Section fifty-two of this act shall be deemed to have been in full
    10  force and effect on and after April 1, 1995; provided, however, that the
    11  provisions of section 189 of the correction law, as amended  by  section
    12  fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
    13  as  amended by section fifty-six of this act, and section fifty-seven of
    14  this act shall expire September 1, [2021] 2023, when upon such date  the
    15  amendments  to  the correction law and penal law made by sections fifty-
    16  five and fifty-six of this act shall revert to and be  read  as  if  the
    17  provisions  of  this  act  had not been enacted; provided, however, that
    18  sections sixty-two, sixty-three and sixty-four  of  this  act  shall  be
    19  deemed  to have been in full force and effect on and after March 1, 1995
    20  and shall be deemed repealed April  1,  1996  and  upon  such  date  the
    21  provisions  of  subsection  (e) of section 9110 of the insurance law and
    22  subdivision 2 of section 89-d of the state finance law shall  revert  to
    23  and  be  read  as  set  out in law on the date immediately preceding the
    24  effective date of sections sixty-two and sixty-three of this act;
    25    § 9. Subdivision (c) of section 49 of subpart A of part C  of  chapter
    26  62  of  the  laws of 2011, amending the correction law and the executive
    27  law relating to merging the  department  of  correctional  services  and
    28  division  of  parole  into  the  department of corrections and community
    29  supervision, as amended by section 9 of part A of chapter 55 of the laws
    30  of 2020, is amended to read as follows:
    31    (c) that the amendments  to  subdivision  9  of  section  201  of  the
    32  correction  law  as added by section thirty-two of this act shall remain
    33  in effect until September 1, [2021] 2023, when it shall  expire  and  be
    34  deemed repealed;
    35    §  10.  Subdivision  (aa)  of section 427 of chapter 55 of the laws of
    36  1992, amending the tax law and other laws relating to taxes, surcharges,
    37  fees and funding, as amended by section 10 of part A of  chapter  55  of
    38  the laws of 2020, is amended to read as follows:
    39    (aa)  the  provisions  of  sections  three  hundred  eighty-two, three
    40  hundred eighty-three and three hundred eighty-four  of  this  act  shall
    41  expire on September 1, [2021] 2023;
    42    §  11.  Section  12  of  chapter 907 of the laws of 1984, amending the
    43  correction law, the New York city criminal court act and  the  executive
    44  law  relating  to  prison and jail housing and alternatives to detention
    45  and incarceration programs, as amended by section 11 of part A of  chap-
    46  ter 55 of the laws of 2020, is amended to read as follows:
    47    §  12.  This  act  shall  take  effect  immediately,  except  that the
    48  provisions of sections one through ten of this act shall remain in  full
    49  force  and  effect  until  September  1, [2021] 2023 on which date those
    50  provisions shall be deemed to be repealed.
    51    § 12. Subdivision (p) of section 406 of chapter 166  of  the  laws  of
    52  1991,  amending the tax law and other laws relating to taxes, as amended
    53  by section 12 of part A of chapter 55 of the laws of 2020, is amended to
    54  read as follows:
    55    (p) The amendments to section 1809 of the vehicle and traffic law made
    56  by sections three hundred thirty-seven and three hundred thirty-eight of

        S. 2505                             8                            A. 3005

     1  this act shall not apply to any offense committed prior to  such  effec-
     2  tive  date;  provided,  further, that section three hundred forty-one of
     3  this act shall take effect immediately and shall expire November 1, 1993
     4  at  which  time  it  shall  be  deemed  repealed; sections three hundred
     5  forty-five and three hundred forty-six of this  act  shall  take  effect
     6  July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
     7  six, three hundred fifty-seven and three hundred fifty-nine of this  act
     8  shall  take  effect immediately and shall expire June 30, 1995 and shall
     9  revert to and be read as if this act had not been enacted; section three
    10  hundred fifty-eight of this act shall take effect immediately and  shall
    11  expire  June 30, 1998 and shall revert to and be read as if this act had
    12  not been enacted; section three hundred sixty-four through three hundred
    13  sixty-seven of this act shall apply to claims filed  on  or  after  such
    14  effective  date; sections three hundred sixty-nine, three hundred seven-
    15  ty-two, three hundred seventy-three, three hundred  seventy-four,  three
    16  hundred  seventy-five  and  three  hundred seventy-six of this act shall
    17  remain in effect until September 1, [2021]  2023,  at  which  time  they
    18  shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
    19  surcharge provided in section three hundred  seventy-four  of  this  act
    20  shall  apply  to parking violations occurring on or after said effective
    21  date; and provided further that the amendments made to  section  235  of
    22  the vehicle and traffic law by section three hundred seventy-two of this
    23  act,  the amendments made to section 1809 of the vehicle and traffic law
    24  by sections three hundred thirty-seven and three hundred thirty-eight of
    25  this act and the amendments made to section 215-a of the  labor  law  by
    26  section three hundred seventy-five of this act shall expire on September
    27  1,  [2021]  2023  and upon such date the provisions of such subdivisions
    28  and sections shall revert to and be read as if the  provisions  of  this
    29  act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
    30  section 400.05 of the penal law made by sections three hundred  seventy-
    31  seven  and  three hundred seventy-eight of this act shall expire on July
    32  1, 1992 and upon such date the provisions  of  such  subdivisions  shall
    33  revert  and  shall be read as if the provisions of this act had not been
    34  enacted; the state board of law examiners shall take such action  as  is
    35  necessary to assure that all applicants for examination for admission to
    36  practice  as  an  attorney and counsellor at law shall pay the increased
    37  examination fee provided for by the amendment made to section 465 of the
    38  judiciary law by section three hundred eighty of this act for any  exam-
    39  ination given on or after the effective date of this act notwithstanding
    40  that an applicant for such examination may have prepaid a lesser fee for
    41  such examination as required by the provisions of such section 465 as of
    42  the  date  prior  to  the  effective date of this act; the provisions of
    43  section 306-a of the civil practice law and rules as  added  by  section
    44  three  hundred eighty-one of this act shall apply to all actions pending
    45  on or commenced on or after September 1, 1991, provided,  however,  that
    46  for  the  purposes of this section service of such summons made prior to
    47  such date shall be deemed to have been completed on September  1,  1991;
    48  the  provisions  of section three hundred eighty-three of this act shall
    49  apply to all money deposited  in  connection  with  a  cash  bail  or  a
    50  partially  secured  bail  bond  on or after such effective date; and the
    51  provisions of sections  three  hundred  eighty-four  and  three  hundred
    52  eighty-five  of  this  act  shall  apply  only to jury service commenced
    53  during a judicial term beginning on or after the effective date of  this
    54  act; provided, however, that nothing contained herein shall be deemed to
    55  affect  the  application,  qualification,  expiration  or  repeal of any
    56  provision of law amended by any section of this act and such  provisions

        S. 2505                             9                            A. 3005

     1  shall  be  applied or qualified or shall expire or be deemed repealed in
     2  the same manner, to the same extent and on the same date as the case may
     3  be as otherwise provided by law;
     4    § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
     5  amended  by  section  13 of part A of chapter 55 of the laws of 2020, is
     6  amended to read as follows:
     7    8. The provisions of this section shall only apply to offenses commit-
     8  ted  on  or  before   September   first,   two   thousand   [twenty-one]
     9  twenty-three.
    10    § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
    11  cle  and  traffic law relating to the ignition interlock device program,
    12  as amended by section 14 of part A of chapter 55 of the laws of 2020, is
    13  amended to read as follows:
    14    § 6. This act shall take  effect  on  the  first  day  of  April  next
    15  succeeding  the  date  on  which  it  shall have become a law; provided,
    16  however, that effective immediately, the addition, amendment  or  repeal
    17  of  any rule or regulation necessary for the implementation of the fore-
    18  going sections of this act on their effective  date  is  authorized  and
    19  directed  to  be made and completed on or before such effective date and
    20  shall remain in full force and effect until the first day of  September,
    21  [2021]  2023  when  upon  such  date the provisions of this act shall be
    22  deemed repealed.
    23    § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
    24  laws of 1997, amending the military law and other laws relating to vari-
    25  ous provisions, as amended by section 15 of part A of chapter 55 of  the
    26  laws of 2020, is amended to read as follows:
    27    a.  sections  forty-three  through forty-five of this act shall expire
    28  and be deemed repealed on September 1, [2021] 2023;
    29    § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
    30  the civil practice law and rules and the court of claims act relating to
    31  prisoner litigation reform, as amended by section 16 of part A of  chap-
    32  ter 55 of the laws of 2020, is amended to read as follows:
    33    §  4. This act shall take effect 120 days after it shall have become a
    34  law and shall remain in full force and effect until September 1,  [2021]
    35  2023, when upon such date it shall expire.
    36    §  17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
    37  constituting the family protection and  domestic  violence  intervention
    38  act  of  1994,  as  amended by section 17 of part A of chapter 55 of the
    39  laws of 2020, is amended to read as follows:
    40    2. Subdivision 4 of section 140.10 of the criminal  procedure  law  as
    41  added  by  section  thirty-two  of this act shall take effect January 1,
    42  1996 and shall expire and be deemed  repealed  on  September  1,  [2021]
    43  2023.
    44    § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
    45  inal  procedure law relating to the use of closed-circuit television and
    46  other protective measures for certain child  witnesses,  as  amended  by
    47  section  18  of  part A of chapter 55 of the laws of 2020, is amended to
    48  read as follows:
    49    § 5. This act shall take effect immediately and  shall  apply  to  all
    50  criminal  actions  and proceedings commenced prior to the effective date
    51  of this act but still pending on such  date  as  well  as  all  criminal
    52  actions  and  proceedings  commenced on or after such effective date and
    53  its provisions shall expire on  September 1, [2021] 2023, when upon such
    54  date the provisions of this act shall be deemed repealed.

        S. 2505                            10                            A. 3005

     1    § 19. Subdivision d of section 74 of chapter 3 of the  laws  of  1995,
     2  enacting  the sentencing reform act of 1995, as amended by section 19 of
     3  part A of chapter 55 of the laws of 2020, is amended to read as follows:
     4    d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
     5  thirty through thirty-nine, forty-two and forty-four of this  act  shall
     6  be deemed repealed on September 1, [2021] 2023;
     7    § 20. Section 2 of chapter 689 of the laws of 1993, amending the crim-
     8  inal  procedure  law  relating to electronic court appearance in certain
     9  counties, as amended by section 20 of part A of chapter 55 of  the  laws
    10  of 2020, is amended to read as follows:
    11    §  2.  This  act  shall  take  effect  immediately,  except  that  the
    12  provisions of this act shall be deemed to have been in  full  force  and
    13  effect  since  July  1, 1992 and the provisions of this act shall expire
    14  September 1, [2021] 2023 when upon such date the provisions of this  act
    15  shall be deemed repealed.
    16    § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
    17  utive law relating to enacting the interstate compact for adult offender
    18  supervision,  as  amended  by  section 21 of part A of chapter 55 of the
    19  laws of 2020, is amended to read as follows:
    20    § 3. This act shall take effect immediately, except that  section  one
    21  of  this  act  shall take effect on the first of January next succeeding
    22  the date on which it shall have become a law, and shall remain in effect
    23  until the first of September, [2021] 2023,  upon  which  date  this  act
    24  shall  be deemed repealed and have no further force and effect; provided
    25  that section one of this act shall only take effect with respect to  any
    26  compacting  state  which  has  enacted  an  interstate  compact entitled
    27  "Interstate compact for adult offender supervision" and having an  iden-
    28  tical  effect  to  that  added  by  section one of this act and provided
    29  further that with respect to any such compacting state, upon the  effec-
    30  tive date of section one of this act, section 259-m of the executive law
    31  is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
    32  added by section one of  this  act,  shall  take  effect;  and  provided
    33  further  that  with respect to any state which has not enacted an inter-
    34  state compact entitled "Interstate compact  for  adult  offender  super-
    35  vision"  and  having an identical effect to that added by section one of
    36  this act, section 259-m of the executive law shall take effect  and  the
    37  provisions  of  section one of this act, with respect to any such state,
    38  shall have no force or effect until such time as such state shall  adopt
    39  an  interstate  compact  entitled "Interstate compact for adult offender
    40  supervision" and having an identical effect to that added by section one
    41  of this act in which case, with respect to such state,  effective  imme-
    42  diately,  section  259-m  of  the  executive  law is deemed repealed and
    43  section 259-mm of the executive law, as added by  section  one  of  this
    44  act, shall take effect.
    45    §  22. Section 8 of part H of chapter 56 of the laws of 2009, amending
    46  the correction law relating to limiting the closing of  certain  correc-
    47  tional  facilities,  providing  for  the  custody  by  the department of
    48  correctional services of inmates serving definite  sentences,  providing
    49  for  custody  of  federal prisoners and requiring the closing of certain
    50  correctional facilities, as amended by section 22 of part A  of  chapter
    51  55 of the laws of 2020, is amended to read as follows:
    52    §  8.  This  act shall take effect immediately; provided, however that
    53  sections five and six of this act shall expire and  be  deemed  repealed
    54  September 1, [2021] 2023.
    55    § 23. Section 3 of part C of chapter 152 of the laws of 2001, amending
    56  the military law relating to military funds of the organized militia, as

        S. 2505                            11                            A. 3005

     1  amended  by  section  23 of part A of chapter 55 of the laws of 2020, is
     2  amended to read as follows:
     3    § 3. This act shall take effect immediately; provided however that the
     4  amendments  made  to subdivision 1 of section 221 of the military law by
     5  section two of this act shall expire and be deemed repealed September 1,
     6  [2021] 2023.
     7    § 24. Section 5 of chapter 554 of  the  laws  of  1986,  amending  the
     8  correction  law  and  the  penal law relating to providing for community
     9  treatment facilities and establishing the crime of absconding  from  the
    10  community  treatment  facility,  as  amended  by section 24 of part A of
    11  chapter 55 of the laws of 2020, is amended to read as follows:
    12    § 5. This act shall take effect immediately and shall remain  in  full
    13  force  and  effect  until September 1, [2021] 2023, and provided further
    14  that the commissioner of correctional services shall report each January
    15  first and July first during such time as this legislation is in  effect,
    16  to  the  chairmen  of  the  senate  crime  victims, crime and correction
    17  committee, the senate codes committee, the assembly  correction  commit-
    18  tee, and the assembly codes committee, the number of individuals who are
    19  released to community treatment facilities during the previous six-month
    20  period,  including  the  total number for each date at each facility who
    21  are not residing within the facility, but who are required to report  to
    22  the facility on a daily or less frequent basis.
    23    §  25. Section 2 of part F of chapter 55 of the laws of 2018, amending
    24  the criminal procedure law relating to pre-criminal  proceeding  settle-
    25  ments  in  the  city  of New York, as amended by section 25 of part A of
    26  chapter 55 of the laws of 2020, is amended to read as follows:
    27    § 2. This act shall take effect immediately and shall remain  in  full
    28  force  and  effect until March 31, [2021] 2023, when it shall expire and
    29  be deemed repealed.
    30    § 26. This act shall take effect immediately,  provided  however  that
    31  section  twenty-five  of  this  act shall be deemed to have been in full
    32  force and effect on and after March 31, 2021.

    33                                   PART B

    34    Section 1. The article heading of article 21 of the executive law,  as
    35  added by chapter 463 of the laws of 1992, is amended to read as follows:
    36                                  ARTICLE 21
    37                         NEW YORK STATE OFFICE [FOR
    38                          THE PREVENTION OF] TO END
    39                     DOMESTIC AND GENDER-BASED VIOLENCE
    40    §  2. Section 575 of the executive law, as added by chapter 463 of the
    41  laws of 1992, paragraph (e) of subdivision 3 as amended and  subdivision
    42  9 as added by chapter 368 of the laws of 1997, paragraph (l) of subdivi-
    43  sion  3  as  added  by chapter 339 of the laws of 2011, paragraph (m) of
    44  subdivision 3 as added, paragraph (n) of subdivision  3  as  relettered,
    45  and paragraph (b) of subdivision 4 as amended by chapter 204 of the laws
    46  of  2020,  subdivision  4  as amended by section 1 and subdivision 10 as
    47  added by section 3 of part A of chapter 491 of the laws of 2012,  subdi-
    48  visions  7  and 8 as added by chapter 396 of the laws of 1994, and para-
    49  graph (d) of subdivision 10 as amended by chapter 248  of  the  laws  of
    50  2017, is amended to read as follows:
    51    § 575. New  York  state office [for the prevention of] to end domestic
    52  and gender-based violence. 1.  Establishment of office. There is  hereby
    53  established  within  the executive department the "New York state office

        S. 2505                            12                            A. 3005

     1  [for the prevention of] to  end  domestic  and  gender-based  violence",
     2  hereinafter in this section referred to as the "office".
     3    2.  Duties  and responsibilities. The office shall advise the governor
     4  and the legislature on the most effective ways for state  government  to
     5  respond  to  the  problem  of  domestic  and  gender-based  violence. In
     6  fulfilling this responsibility, the office shall consult  with  experts,
     7  service  providers  and  representative  organizations  in  the field of
     8  domestic and gender-based violence and shall  act  as  an  advocate  for
     9  domestic   and   gender-based  violence  victims  and  survivor-centered
    10  programs.
    11    3.  Definitions. For the purposes of this section the following  terms
    12  shall have the following meanings:
    13    (a)  "Domestic  violence" means a pattern of behavior used by an indi-
    14  vidual to establish and maintain power and control over  their  intimate
    15  partner.    Such behavior includes abusive and coercive tactics, threats
    16  and actions that may or may not rise to the level of criminal  behavior,
    17  including, but not limited to, physical, emotional, financial, and sexu-
    18  al abuse.
    19    (b)  "Gender-based  violence"  means  threats to harm, or actual harms
    20  committed against a person or persons based on actual or perceived  sex,
    21  gender,  sexual orientation, gender identity or expression or other such
    22  sex/gender  related  characteristics.    "Gender-based  violence"  shall
    23  include,  but  not  be  limited  to, domestic violence; sexual violence;
    24  human trafficking; reproductive coercion  and  violence;  stalking;  and
    25  child-abuse  as  connected  to  gender-based  violence.    "Gender-based
    26  violence" shall not include actions taken by a  person  in  self-defense
    27  against an act or series of acts of gender-based violence.
    28    4.  Activities.  In  addition,  the office shall develop and implement
    29  policies and  programs  designed  to  assist  victims  of  domestic  and
    30  gender-based  violence  and their families, and to provide education and
    31  prevention,  training  and  technical  assistance.  Such  domestic   and
    32  gender-based  violence-related  activities  shall  include,  but  not be
    33  limited to:
    34    (a) Serving as a clearinghouse for information and materials;
    35    (b) Developing and coordinating community outreach and  public  educa-
    36  tion throughout the state;
    37    (c) Developing and delivering training to professionals, including but
    38  not limited to professionals in the fields of:
    39    (i) domestic and gender-based violence;
    40    (ii) health and mental health;
    41    (iii) social and human services;
    42    (iv) public education;
    43    (v) law enforcement and criminal justice;
    44    (vi) alcohol and substance abuse[.];
    45    (d) Developing and promoting school-based prevention programs;
    46    (e)  Providing  technical  assistance  to  state  and local government
    47  bodies and other agencies and to private businesses  and  not-for-profit
    48  corporations,  on  effective survivor-centered policies and responses to
    49  domestic and gender-based violence, including development of  [a]  model
    50  [domestic violence] policies[, pursuant to subdivisions seven, eight and
    51  nine of this section];
    52    (f)  Promoting  and  facilitating  interagency cooperation among state
    53  agencies and intergovernmental cooperation between different  levels  of
    54  government  in the state in the delivery and/or funding of survivor-cen-
    55  tered services;

        S. 2505                            13                            A. 3005

     1    (g) Operating, in collaboration with survivors, state coalitions,  and
     2  other  stakeholders, as an advocate for [domestic violence services and]
     3  victims and for survivor-centered  domestic  and  gender-based  violence
     4  services,  including  periodic  solicitation of input from survivors and
     5  service providers regarding successes, challenges, and needs;
     6    (h)  Undertaking  program  and  services  needs assessments on its own
     7  initiative or at the request of the governor, the legislature or service
     8  providers;
     9    (i) Examining  the  relationship  between  domestic  and  gender-based
    10  violence  and  other  problems  and making recommendations for effective
    11  policy response;
    12    (j) Collecting data, conducting research, and holding public hearings;
    13    (k) Making periodic reports to the governor and the legislature recom-
    14  mending policy and program directions and reviewing  the  activities  of
    15  the office;
    16    (l) [Developing] Working with stakeholders in developing and promoting
    17  [senior center based] gender-based violence prevention programs;
    18    (m) [promoting best practices for abusive partner intervention] Inves-
    19  tigating,  establishing  and promoting best practices for accountability
    20  for those who harm their intimate partners;
    21    (n) Administering grant  funds  appropriated  and  made  available  to
    22  support  compliance with article one hundred twenty-nine-b of the educa-
    23  tion law; and undertaking such actions, duties, and responsibilities  as
    24  may  be  necessary  to  serve the purpose of article one hundred twenty-
    25  nine-b of the education law;
    26    (o) Any other activities including the making of and  promulgation  of
    27  rules and regulations deemed necessary to [facilitate the prevention of]
    28  end  domestic  and gender-based violence within the scope and purview of
    29  this article  which  are  not  otherwise  inconsistent  with  any  other
    30  provisions of law.
    31    [4.]  5.  Advisory  council.  (a) An advisory council is hereby estab-
    32  lished to make recommendations on  domestic  and  gender-based  violence
    33  related  issues  and effective strategies [for the prevention of] to end
    34  domestic and gender-based violence, to  assist  in  the  development  of
    35  appropriate  policies  and priorities for effective intervention, public
    36  education and advocacy, and to facilitate and assure  communication  and
    37  coordination  of  efforts  among  state  agencies  and between different
    38  levels of government, state, federal, and municipal, [for the prevention
    39  of] to end domestic and gender-based violence.
    40    (b) The advisory council shall consist of nine members  and  seventeen
    41  ex-officio  members.  Each member shall be appointed to serve for a term
    42  of three years and shall continue in office until a successor  appointed
    43  member  is made. A member appointed to fill a vacancy shall be appointed
    44  for the unexpired term of the member he or she is to succeed. All of the
    45  members shall be individuals with expertise in the area of domestic  and
    46  gender-based violence. Three members shall be appointed by the governor,
    47  two  members shall be appointed upon the recommendation of the temporary
    48  president of the senate, two members shall be appointed upon the  recom-
    49  mendation  of the speaker of the assembly, one member shall be appointed
    50  upon the recommendation of the minority leader of the  senate,  and  one
    51  member shall be appointed upon the recommendation of the minority leader
    52  of  the  assembly.  The  ex-officio  members of the advisory board shall
    53  consist of the director of the office, who shall chair the council,  and
    54  the following members or their designees: the commissioner of the office
    55  of  temporary and disability assistance; the commissioner of the depart-
    56  ment of health;  the  commissioner  of  the  education  department;  the

        S. 2505                            14                            A. 3005

     1  commissioner  of  the  office  of mental health; the commissioner of the
     2  office of  [alcoholism  and  substance  abuse]  addiction  services  and
     3  supports; the commissioner of the division of criminal justice services;
     4  the  superintendent of the division of state police; the director of the
     5  office of probation and correctional alternatives; the  commissioner  of
     6  the  office  of children and family services; the director of the office
     7  of victim services; the chief administrative  judge  of  the  office  of
     8  court  administration;  the commissioner of the department of labor; the
     9  director of the state office for the  aging;  the  commissioner  of  the
    10  department of corrections and community supervision; the commissioner of
    11  homes and community renewal; the chief executive officer of the New York
    12  state coalition against domestic violence; and the executive director of
    13  the New York state coalition against sexual assault.
    14    (c)  The  advisory  council shall meet as often as deemed necessary by
    15  the chair but in no event less than two times per year.
    16    (d) The members of the advisory council shall  receive  no  salary  or
    17  other   compensation  for  their  services  but  shall  be  entitled  to
    18  reimbursement for actual and necessary expenses incurred in the perform-
    19  ance of their duties within  amounts  made  available  by  appropriation
    20  therefor  subject  to  the  approval  of the director of the budget. The
    21  ex-officio members of the advisory council shall receive  no  additional
    22  compensation for their services on the advisory council above the salary
    23  they  receive  from  the respective departments or divisions that employ
    24  them.
    25    [5.] 6. Executive director. (a) The governor shall appoint  an  execu-
    26  tive  director  of  the  office  who  shall serve at the pleasure of the
    27  governor.
    28    (b) The executive director shall receive an annual salary fixed by the
    29  governor within the amounts appropriated specifically therefor and shall
    30  be  entitled  to  reimbursement  for  reasonable  expenses  incurred  in
    31  connection with the performance of the director's duties.
    32    (c) The director of the office, with the approval of the governor, may
    33  accept as agent of the state any grant, including federal grants, or any
    34  gift or donation for any of the purposes of this article.  Any moneys so
    35  received may be expended by the office to effectuate any purpose of this
    36  article, subject to the applicable provisions of the state finance law.
    37    (d)  The executive director shall appoint staff and perform such other
    38  functions to ensure the efficient operation of the office.
    39    [6.] 7. Assistance of other agencies. The office may request and shall
    40  receive in a timely manner from any department, division, board, bureau,
    41  commission or agency of the state, such information  and  assistance  as
    42  shall  enable it to properly carry out its powers and duties pursuant to
    43  this article.
    44    [7. Model domestic violence policy for counties. (a) The office  shall
    45  convene  a  task  force  of  county level municipal officials, municipal
    46  police and members of  the  judiciary,  or  their  representatives,  and
    47  directors  of domestic violence programs, including representatives from
    48  a  statewide  advocacy  organization  for  the  prevention  of  domestic
    49  violence,  to develop a model domestic violence policy for counties. For
    50  the purposes of this subdivision, "county" shall have the  same  meaning
    51  as  such term is defined in section three of the county law, except that
    52  the city of New York shall be deemed to be one county. The office  shall
    53  give  due  consideration  to  the  recommendations  of the governor, the
    54  temporary president of the senate and the speaker of  the  assembly  for
    55  participation by any person on the task force, and shall make reasonable
    56  efforts to assure regional balance in membership.

        S. 2505                            15                            A. 3005

     1    (b)  The  purpose  of the model policy shall be to provide consistency
     2  and coordination by and between county agencies and departments, includ-
     3  ing criminal justice agencies and the judiciary, and, as appropriate, by
     4  municipalities or  other  jurisdictions  within  the  county  and  other
     5  governmental  agencies and departments, by assuring that best practices,
     6  policies, protocols and procedures are used  to  address  the  issue  of
     7  domestic violence, and to secure the safety of the victim including, but
     8  not limited to:
     9    (i) response, investigation and arrest policies by police agencies;
    10    (ii)  response  by other criminal justice agencies, including disposi-
    11  tion of domestic violence complaints, the provision of  information  and
    12  orders of protection;
    13    (iii)  response by human services and health agencies, including iden-
    14  tification, assessment, intervention and referral policies and responses
    15  to victims and the perpetrators of domestic violence;
    16    (iv) training and appropriate and relevant measures for periodic eval-
    17  uation of community efforts; and
    18    (v) other issues as shall be appropriate and  relevant  for  the  task
    19  force to develop such policy.
    20    (c)  Such  model  policy shall be reviewed by the task force to assure
    21  consistency with existing law and shall be made the  subject  of  public
    22  hearings  convened  by  the office throughout the state at places and at
    23  times which are convenient for attendance by the public, after which the
    24  policy shall be reviewed by the task force and amended as  necessary  to
    25  reflect  concerns raised at the hearings. If approved by the task force,
    26  such model policy shall be provided as approved with explanation of  its
    27  provisions  to the governor and the legislature not later than two years
    28  after the effective date of this subdivision. Notification of the avail-
    29  ability of such model domestic violence policy  shall  be  made  by  the
    30  office  to  every county in the state, and copies of the policy shall be
    31  made available to them upon request.
    32    (d) The office in consultation  with  the  task  force,  providers  of
    33  service, the advisory council and others, including representatives of a
    34  statewide  advocacy  organization  for the prevention domestic violence,
    35  shall provide technical support, information and encouragement to  coun-
    36  ties  to  implement  the  provisions  of  the  model  policy on domestic
    37  violence.
    38    (e) Nothing contained in this subdivision shall be deemed  to  prevent
    39  the governing body of a county from designating a local advisory commit-
    40  tee  to investigate the issues, work with providers of domestic violence
    41  programs and other interested parties, and to aid in the  implementation
    42  of the policy required by this subdivision. Such governing body or advi-
    43  sory  committee  may request and shall receive technical assistance from
    44  the office for the development of such a policy. Implementation  of  the
    45  model  domestic  violence  policy  may  take  place in a form considered
    46  appropriate by the governing body of  a  county,  including  guidelines,
    47  regulations and local laws.
    48    (f)  The  office  shall survey county governments within four years of
    49  the effective date of this subdivision to determine the level of compli-
    50  ance with the model domestic violence policy, and shall take such  steps
    51  as shall be necessary to aid county governments in the implementation of
    52  such policy.]
    53    8.  State domestic violence policy. [(a) The office shall survey every
    54  state agency to determine any activities, programs, rules,  regulations,
    55  guidelines  or  statutory  requirements  that  have a direct or indirect
    56  bearing on the state's efforts and abilities to  address  the  issue  of

        S. 2505                            16                            A. 3005

     1  domestic  violence  including,  but  not  limited  to,  the provision of
     2  services to victims and their families. Within two years of  the  effec-
     3  tive date of this subdivision, the office shall compile such information
     4  and  provide a report, with appropriate comments and recommendations, to
     5  the governor and the legislature. For the purposes of this  subdivision,
     6  "state  agency"  shall  have the same meaning as such term is defined in
     7  section two-a of the state finance law.
     8    (b) Within three years of the effective date of this  subdivision  the
     9  office  shall recommend a state domestic violence policy consistent with
    10  statute and best practice, policies, procedures  and  protocols  to  the
    11  governor  and the legislature. The purpose of such model policy shall be
    12  to provide consistency and coordination by and  between  state  agencies
    13  and departments to address the issue of domestic violence. In developing
    14  such  model  policy,  the office shall consult with a statewide advocacy
    15  organization for the prevention of domestic violence, and  shall  assure
    16  that the advisory council reviews all data and recommendations and shall
    17  not  submit  such  model  policy until approved by the advisory council.
    18  Such recommendations shall be provided exclusive of any study or  report
    19  the office is required to undertake pursuant to a chapter of the laws of
    20  nineteen hundred ninety-four, entitled "the family protection and domes-
    21  tic violence intervention act of 1994".
    22    (c)]  No  state  agency  shall promulgate a rule pursuant to the state
    23  administrative procedure act, or adopt a guideline or  other  procedure,
    24  including  a request for proposals, directly or indirectly affecting the
    25  provision of services to victims of domestic and gender-based  violence,
    26  or  the provision of services by residential or non-residential domestic
    27  violence programs, as such terms are defined  in  section  four  hundred
    28  fifty-nine-a  of  the  social services law, or establish a grant program
    29  directly or indirectly affecting such victims  of  domestic  or  gender-
    30  based  violence  or  providers  of service, without first consulting the
    31  office, which shall provide all comments  in  response  to  such  rules,
    32  guidelines  or  procedures  in  writing  directly to the chief executive
    33  officer of such agency, to the administrative regulations review commit-
    34  tee and to the appropriate committees of the legislature  having  juris-
    35  diction  of  the  subject  matter  addressed within two weeks of receipt
    36  thereof, provided that failure of the  office  to  respond  as  required
    37  herein  shall  not  otherwise impair the ability of such state agency to
    38  promulgate a rule. This paragraph shall not apply  to  an  appropriation
    39  which  finances  a contract with a not-for-profit organization which has
    40  been identified for a state agency without the  use  of  a  request  for
    41  proposals.
    42    9.  [Model domestic violence employee awareness and assistance policy.
    43  (a) The office shall convene a task force including members of the busi-
    44  ness community, employees, employee organizations, representatives  from
    45  the  department  of  labor and the empire state development corporation,
    46  and directors of domestic violence programs,  including  representatives
    47  of  statewide  advocacy  organizations  for  the  prevention of domestic
    48  violence, to develop a model domestic violence  employee  awareness  and
    49  assistance policy for businesses.
    50    The  office shall give due consideration to the recommendations of the
    51  governor, the temporary president of the senate, and the speaker of  the
    52  assembly  for  participation  by any person on the task force, and shall
    53  make reasonable efforts to assure regional balance in membership.
    54    (b) The purpose of the model employee awareness and assistance  policy
    55  shall be to provide businesses with the best practices, policies, proto-
    56  cols  and  procedures  in  order  that  they ascertain domestic violence

        S. 2505                            17                            A. 3005

     1  awareness in the workplace, assist affected  employees,  and  provide  a
     2  safe  and  helpful working environment for employees currently or poten-
     3  tially experiencing the effects of domestic  violence.  The  model  plan
     4  shall include but not be limited to:
     5    (i)  the establishment of a definite corporate policy statement recog-
     6  nizing domestic violence as a workplace issue as well as  promoting  the
     7  need  to maintain job security for those employees currently involved in
     8  domestic violence disputes;
     9    (ii) policy and service publication  requirements,  including  posting
    10  said  policies  and  service  availability  pamphlets in break rooms, on
    11  bulletin boards, restrooms and other communication methods;
    12    (iii) a listing of current domestic violence community resources  such
    13  as  shelters,  crisis intervention programs, counseling and case manage-
    14  ment programs, legal assistance and advocacy opportunities for  affected
    15  employees;
    16    (iv) measures to ensure workplace safety including, where appropriate,
    17  designated  parking  areas,  escort services and other affirmative safe-
    18  guards;
    19    (v) training programs and protocols designed to educate employees  and
    20  managers in how to recognize, approach and assist employees experiencing
    21  domestic violence, including both victims and batterers; and
    22    (vi)  other  issues  as shall be appropriate and relevant for the task
    23  force in developing such model policy.
    24    (c) Such model policy shall be reviewed by the task  force  to  assure
    25  consistency  with  existing  law and shall be made the subject of public
    26  hearings convened by the office throughout the state at  places  and  at
    27  times which are convenient for attendance by the public, after which the
    28  policy  shall  be reviewed by the task force and amended as necessary to
    29  reflect concerns raised at the hearings. If approved by the task  force,
    30  such  model policy shall be provided as approved with explanation of its
    31  provisions to the governor and the legislature not later than  one  year
    32  after  the  effective  date  of  this subdivision. The office shall make
    33  every effort to notify businesses of  the  availability  of  such  model
    34  domestic violence employee awareness and assistance policy.
    35    (d)  The  office  in  consultation  with  the task force, providers of
    36  services, the advisory council, the  department  of  labor,  the  empire
    37  state development corporation, and representatives of statewide advocacy
    38  organizations  for  the  prevention  of domestic violence, shall provide
    39  technical support,  information,  and  encouragement  to  businesses  to
    40  implement  the provisions of the model domestic violence employee aware-
    41  ness and assistance policy.
    42    (e) Nothing contained in this subdivision shall be deemed  to  prevent
    43  businesses  from adopting their own domestic violence employee awareness
    44  and assistance policy.
    45    (f) The office shall survey businesses within four years of the effec-
    46  tive date of this  section  to  determine  the  level  of  model  policy
    47  adoption  amongst  businesses  and shall take steps necessary to promote
    48  the further adoption of such policy.
    49    10.] Fatality review team. (a) There shall be established  within  the
    50  office  a fatality review team for the purpose of analyzing, in conjunc-
    51  tion with local representation, the domestic violence-related  death  or
    52  near death of individuals, with the goal of:
    53    (i)  examining  the  trends  and patterns of domestic violence-related
    54  fatalities in New York state;

        S. 2505                            18                            A. 3005

     1    (ii) educating the public, service providers, and  policymakers  about
     2  domestic   violence  fatalities  and  strategies  for  intervention  and
     3  prevention; and
     4    (iii)  recommending  policies,  practices, procedures, and services to
     5  reduce fatalities due to domestic violence.
     6    (b) A domestic violence-related death or near  death  shall  mean  any
     7  death or near death caused by a family or household member as defined in
     8  section  eight  hundred twelve of the family court act or section 530.11
     9  of the criminal procedure law, except that there shall be no  review  of
    10  the  death  or near death of a child for those cases in which the office
    11  of children and family services is required to issue a  fatality  report
    12  in  accordance  with  subdivision  five  of section twenty of the social
    13  services law.
    14    (c) The team shall review deaths or near deaths  in  cases  that  have
    15  been  adjudicated  and  have  received a final judgment and that are not
    16  under investigation.
    17    (d) Members of a domestic  violence  fatality  review  team  shall  be
    18  appointed  by the executive director, [in consultation with the advisory
    19  council,] and shall include, but not be limited to,  one  representative
    20  from the office of children and family services, the office of temporary
    21  and  disability  assistance,  the division of criminal justice services,
    22  the state police, the department of health, the office of court adminis-
    23  tration, the office of  probation  and  correctional  alternatives,  the
    24  department  of  corrections  and  community  supervision,  the office of
    25  victim services, at least one representative from local law enforcement,
    26  a county prosecutor's office, a local social services district, a member
    27  of the judiciary, and a domestic violence services program  approved  by
    28  the office of children and family services. A domestic violence fatality
    29  review  team  may  also  include  representatives  from  sexual  assault
    30  services programs, public health,  mental  health  and  substance  abuse
    31  agencies,  hospitals, clergy, local school districts, local divisions of
    32  probation, local offices of the department of corrections and  community
    33  supervision,  the  office  of the medical examiner or coroner, any local
    34  domestic violence task force, coordinating council or other  interagency
    35  entity  that meets regularly to support a coordinated community response
    36  to domestic violence, any other program that provides services to domes-
    37  tic violence victims, or any other person necessary to the work  of  the
    38  team, including survivors of domestic violence.
    39    (e)  The  team  shall  identify potential cases and shall select which
    40  deaths or near deaths will be reviewed each year. Localities may request
    41  that the team conduct a review of a particular death or near death.
    42    (f) The team shall work with officials and  organizations  within  the
    43  community where the death or near death occurred to conduct each review.
    44    (g)  Team members shall serve without compensation but are entitled to
    45  be reimbursed for travel expenses to the  localities  where  a  fatality
    46  review will be conducted and members who are full-time salaried officers
    47  or  employees  of the state or of any political subdivision of the state
    48  are entitled to their regular compensation.
    49    (h) To the extent consistent with federal law, upon request  the  team
    50  shall  be provided client-identifiable information and records necessary
    51  for the investigation of a domestic violence-related death or near death
    52  incident, including, but not limited to:
    53    (i) records maintained by a local social services district;
    54    (ii) law enforcement records,  except  where  the  provision  of  such
    55  records would interfere with an ongoing law enforcement investigation or

        S. 2505                            19                            A. 3005

     1  identify  a  confidential source or endanger the safety or welfare of an
     2  individual;
     3    (iii) court records;
     4    (iv) probation and parole records;
     5    (v)  records  from  domestic  violence  residential or non-residential
     6  programs;
     7    (vi) records from any relevant service provider, program or  organiza-
     8  tion; and
     9    (vii)  all other relevant records in the possession of state and local
    10  officials or agencies provided, however, no official or agency shall  be
    11  required  to provide information or records concerning a person charged,
    12  investigated or convicted in such death or near death  in  violation  of
    13  such person's attorney-client privilege.
    14    (i)  Any  information  or  records  otherwise sealed, confidential and
    15  privileged in accordance with state law which are provided to  the  team
    16  shall  remain sealed, confidential, and privileged as otherwise provided
    17  by law. All records received, meetings conducted,  reports  and  records
    18  made  and maintained and all books and papers obtained by the team shall
    19  be confidential and shall not be open or made available, except by court
    20  order or as set forth in paragraphs (k) and (l) of this subdivision.
    21    (j) Any person who releases or permits the release of any  information
    22  protected under paragraph (i) of this subdivision to persons or agencies
    23  not  authorized to receive such information shall be guilty of a class A
    24  misdemeanor.
    25    (k) Team members and persons who present information to the team shall
    26  not be questioned in any civil  or  criminal  proceeding  regarding  any
    27  opinions  formed  as  a result of a meeting of the team. Nothing in this
    28  section shall be construed to prevent a person  from  testifying  as  to
    29  information  which  is obtained independently of the team or information
    30  which is public.
    31    (l) Team members are not liable for damages or  other  relief  in  any
    32  action brought by reason of the reasonable and good faith performance of
    33  a duty, function, or activity of the team.
    34    (m) Consistent with all federal and state confidentiality protections,
    35  the  team  may  provide  recommendations to any individual or entity for
    36  appropriate actions  to  improve  a  community's  response  to  domestic
    37  violence.
    38    (n)  The  team  shall  periodically  submit a cumulative report to the
    39  governor and the legislature incorporating  the  aggregate  data  and  a
    40  summary  of  the general findings and recommendations resulting from the
    41  domestic violence fatality reviews completed pursuant to  this  subdivi-
    42  sion.  The  cumulative  report shall thereafter be made available to the
    43  public, consistent with federal and state confidentiality protections.
    44    § 3. Subdivision 6 of section 530.11 of the criminal procedure law, as
    45  amended by chapter 663 of the laws  of  2019,  is  amended  to  read  as
    46  follows:
    47    6.  Notice.  Every  police officer, peace officer or district attorney
    48  investigating a family offense  under  this  article  shall  advise  the
    49  victim  of the availability of a shelter or other services in the commu-
    50  nity, and shall immediately give the victim written notice of the  legal
    51  rights  and remedies available to a victim of a family offense under the
    52  relevant provisions of this chapter and the  family  court  act.    Such
    53  notice shall be prepared, at minimum, in plain English, Spanish, Chinese
    54  and  Russian  and  if  necessary,  shall  be delivered orally, and shall
    55  include but not be limited to the information contained in the following
    56  statement:

        S. 2505                            20                            A. 3005

     1    "Are you the victim of domestic violence? If you need  help  now,  you
     2  can call 911 for the police to come to you. You can also call a domestic
     3  violence  hotline.  You can have a confidential talk with an advocate at
     4  the hotline about help you can get in your  community  including:  where
     5  you can get treatment for injuries, where you can get shelter, where you
     6  can  get  support,  and  what  you can do to be safe. The New York State
     7  24-hour Domestic & Sexual Violence Hotline number is (insert the  state-
     8  wide  multilingual  800  number).  They can give you information in many
     9  languages. If you are deaf or hard of hearing, call 711.
    10    This is what the police can do:
    11    They can help you and your children find a safe place such as a family
    12  or friend's house or a shelter in your community.
    13    You can ask the officer to take you or help you and your children  get
    14  to a safe place in your community.
    15    They can help connect you to a local domestic violence program.
    16    They can help you get to a hospital or clinic for medical care.
    17    They can help you get your personal belongings.
    18    They  must  complete  a report discussing the incident. They will give
    19  you a copy of this police report before they  leave  the  scene.  It  is
    20  free.
    21    They  may, and sometimes must, arrest the person who harmed you if you
    22  are the victim of a crime. The person arrested could be released at  any
    23  time, so it is important to plan for your safety.
    24    If  you  have  been abused or threatened, this is what you can ask the
    25  police or district attorney to do:
    26    File a criminal complaint against the person who harmed you.
    27    Ask the criminal court to issue an order of  protection  for  you  and
    28  your  child  if  the  district  attorney  files a criminal case with the
    29  court.
    30    Give you information about filing a family offense  petition  in  your
    31  local family court.
    32    You  also  have  the  right  to  ask  the family court for an order of
    33  protection for you and your children.
    34    This is what you can ask the family court to do:
    35    To have your family offense petition filed the  same  day  you  go  to
    36  court.
    37    To  have your request heard in court the same day you file or the next
    38  day court is open.
    39    Only a judge can issue an order of protection. The judge does that  as
    40  part  of  a  criminal or family court case against the person who harmed
    41  you. An order of protection in family court or  in  criminal  court  can
    42  say:
    43    That  the  other  person  have no contact or communication with you by
    44  mail, phone, computer or through other people.
    45    That the other person stay away from you and your children, your home,
    46  job or school.
    47    That the other person not  assault,  harass,  threaten,  strangle,  or
    48  commit another family offense against you or your children.
    49    That  the  other  person turn in their firearms and firearms licenses,
    50  and not get any more firearms.
    51    That you have temporary custody of your children.
    52    That the other person pay temporary child support.
    53    That the other person not harm your pets or service animals.
    54    If the family court is closed because it is night,  a  weekend,  or  a
    55  holiday,  you  can  go  to  a  criminal  court  to  ask  for an order of
    56  protection.

        S. 2505                            21                            A. 3005

     1    If you do not speak English or cannot speak it well, you can  ask  the
     2  police,  the  district  attorney, or the criminal or family court to get
     3  you an interpreter who speaks your language. The  interpreter  can  help
     4  you explain what happened.
     5    You  can  get  the forms you need to ask for an order of protection at
     6  your local family court (insert addresses and  contact  information  for
     7  courts). You can also get them online: www.NYCourts.gov/forms.
     8    You do not need a lawyer to ask for an order of protection.
     9    You  have  a  right to get a lawyer in the family court. If the family
    10  court finds that you cannot afford to pay for a lawyer, it must get  you
    11  one for free.
    12    If you file a complaint or family court petition, you will be asked to
    13  swear to its truthfulness because it is a crime to file a legal document
    14  that you know is false."
    15    The  division  of  criminal  justice services in consultation with the
    16  state office [for the prevention of] to end  domestic  and  gender-based
    17  violence  shall  prepare the form of such written notice consistent with
    18  provisions of this section and distribute copies thereof to  the  appro-
    19  priate law enforcement officials pursuant to subdivision nine of section
    20  eight hundred forty-one of the executive law.
    21    Additionally,  copies  of  such  notice shall be provided to the chief
    22  administrator of the courts to  be  distributed  to  victims  of  family
    23  offenses  through  the criminal court at such time as such persons first
    24  come before the court and to the state department of health for distrib-
    25  ution to all hospitals defined under article twenty-eight of the  public
    26  health  law.  No cause of action for damages shall arise in favor of any
    27  person by reason of any failure to comply with the  provisions  of  this
    28  subdivision except upon a showing of gross negligence or willful miscon-
    29  duct.
    30    §  4. Subparagraph (i) of paragraph (b) of subdivision 3 of section 15
    31  of the domestic relations law, as amended by chapter 35 of the  laws  of
    32  2017, is amended to read as follows:
    33    (i)  provide  notification  to  each minor party of his or her rights,
    34  including but not limited to, rights in relation to termination  of  the
    35  marriage,  child  and  spousal  support,  domestic violence services and
    36  access to public benefits and other services, which  notification  shall
    37  be developed by the office of court administration, in consultation with
    38  the  office  [for  the  prevention  of] to end domestic and gender-based
    39  violence;
    40    § 5. Section 214-b of the executive law, as amended by chapter 432  of
    41  the laws of 2015, is amended to read as follows:
    42    § 214-b. Family  offense  intervention.  The superintendent shall, for
    43  all members of the state police  including  new  and  veteran  officers,
    44  develop, maintain and disseminate, in consultation with the state office
    45  [for the prevention of] to end domestic and gender-based violence, writ-
    46  ten  policies and procedures consistent with article eight of the family
    47  court act and applicable provisions of the criminal procedure and domes-
    48  tic relations laws, regarding the investigation of and  intervention  in
    49  incidents  of  family  offenses. Such policies and procedures shall make
    50  provision for education and training in the interpretation and  enforce-
    51  ment of New York's family offense laws, including but not limited to:
    52    (a)  intake  and recording of victim statements, and the prompt trans-
    53  lation of such statements if made in a language other than  English,  in
    54  accordance  with  subdivision  (c)  of  this  section, on a standardized
    55  "domestic violence incident report form" promulgated by the state  divi-
    56  sion  of  criminal justice services in consultation with the superinten-

        S. 2505                            22                            A. 3005

     1  dent and with the state office [for the prevention of] to  end  domestic
     2  and gender-based violence, and the investigation thereof so as to ascer-
     3  tain  whether  a crime has been committed against the victim by a member
     4  of the victim's family or household as such terms are defined in section
     5  eight  hundred  twelve of the family court act and section 530.11 of the
     6  criminal procedure law;
     7    (b) the need for immediate intervention in family  offenses  including
     8  the  arrest  and detention of alleged offenders, pursuant to subdivision
     9  four of section 140.10 of the  criminal  procedure  law,  and  notifying
    10  victims  of  their  rights,  in  their native language, if identified as
    11  other than English, in accordance with subdivision (c) of this  section,
    12  including  but  not limited to immediately providing the victim with the
    13  written notice provided in subdivision six  of  section  530.11  of  the
    14  criminal  procedure  law  and  subdivision five of section eight hundred
    15  twelve of the family court act.
    16    (c) The superintendent, in consultation with the division of  criminal
    17  justice  services and the office [for the prevention of] to end domestic
    18  and gender-based violence shall determine the languages  in  which  such
    19  translation required by subdivision (a) of this section, and the notifi-
    20  cation  required  pursuant  to subdivision (b) of this section, shall be
    21  provided. Such determination shall be based on the size of the New  York
    22  state  population  that  speaks  each  language  and  any other relevant
    23  factor. Such written notice required pursuant to subdivision (b) of this
    24  section shall be made available to all  state  police  officers  in  the
    25  state.
    26    §  6.  Subdivision 1 of section 221-a of the executive law, as amended
    27  by chapter 492 of the laws of 2015, is amended to read as follows:
    28    1. The superintendent, in consultation with the division  of  criminal
    29  justice  services,  office  of court administration, and the office [for
    30  the prevention of] to end  domestic  and  gender-based  violence,  shall
    31  develop  a comprehensive plan for the establishment and maintenance of a
    32  statewide computerized registry  of  all  orders  of  protection  issued
    33  pursuant  to articles four, five, six, eight and ten of the family court
    34  act, section 530.12 of the criminal procedure law and, insofar  as  they
    35  involve  victims of domestic violence as defined by section four hundred
    36  fifty-nine-a of the social services law, section 530.13 of the  criminal
    37  procedure  law  and sections two hundred forty and two hundred fifty-two
    38  of the domestic relations law, and orders of protection issued by courts
    39  of competent jurisdiction in another state, territorial or tribal juris-
    40  diction, special orders of conditions issued  pursuant  to  subparagraph
    41  (i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the
    42  criminal  procedure  law  insofar as they involve a victim or victims of
    43  domestic violence as defined by subdivision one of section four  hundred
    44  fifty-nine-a  of  the  social  services  law  or a designated witness or
    45  witnesses to such domestic violence, and all warrants issued pursuant to
    46  sections one hundred fifty-three and eight hundred twenty-seven  of  the
    47  family  court  act, and arrest and bench warrants as defined in subdivi-
    48  sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi-
    49  nal procedure law,  insofar  as  such  warrants  pertain  to  orders  of
    50  protection  or  temporary  orders of protection; provided, however, that
    51  warrants issued pursuant to section one hundred fifty-three of the fami-
    52  ly court act pertaining to articles three and  seven  of  such  act  and
    53  section  530.13  of  the criminal procedure law shall not be included in
    54  the registry. The  superintendent  shall  establish  and  maintain  such
    55  registry  for  the  purposes  of ascertaining the existence of orders of
    56  protection, temporary orders of protection, warrants and special  orders

        S. 2505                            23                            A. 3005

     1  of  conditions,  and  for  enforcing  the provisions of paragraph (b) of
     2  subdivision four of section 140.10 of the criminal procedure law.
     3    §  7.  The  opening  paragraph of subdivision 15 of section 837 of the
     4  executive law, as amended by chapter 432 of the laws of 2015, is amended
     5  to read as follows:
     6    Promulgate, in consultation with the superintendent  of  state  police
     7  and  the  state  office  [for  the  prevention  of]  to end domestic and
     8  gender-based violence, and in accordance with paragraph (f) of  subdivi-
     9  sion  three  of section eight hundred forty of this article, a standard-
    10  ized "domestic violence incident report form" for use by state and local
    11  law enforcement agencies in the reporting, recording  and  investigation
    12  of  all alleged incidents of domestic violence, regardless of whether an
    13  arrest is made as a result of such investigation.  Such  form  shall  be
    14  prepared  in  multiple parts, one of which shall be immediately provided
    15  to the victim, and shall include designated spaces for: the  recordation
    16  of  the  results  of the investigation by the law enforcement agency and
    17  the basis for any action taken; the recordation of  a  victim's  allega-
    18  tions  of  domestic  violence;  the age and gender of the victim and the
    19  alleged offender or offenders; and immediately  thereunder  a  space  on
    20  which  the  victim  may  sign and verify such victim's allegations. Such
    21  form shall also include, but not be limited to spaces to identify:
    22    § 8. Paragraph (f) of subdivision 3 of section 840  of  the  executive
    23  law,  as  amended by chapter 432 of the laws of 2015, is amended to read
    24  as follows:
    25    (f) Develop, maintain and disseminate, in consultation with the  state
    26  office  [for  the  prevention  of]  to  end  domestic  and  gender-based
    27  violence, written policies and procedures consistent with article  eight
    28  of the family court act and applicable provisions of the criminal proce-
    29  dure  and  domestic  relations  laws, regarding the investigation of and
    30  intervention by new and veteran police officers in incidents  of  family
    31  offenses.  Such policies and procedures shall make provisions for educa-
    32  tion and training in the interpretation and enforcement  of  New  York's
    33  family offense laws, including but not limited to:
    34    (1)  intake  and recording of victim statements, and the prompt trans-
    35  lation of such statements if made in a language other than  English,  in
    36  accordance  with subparagraph three of this paragraph, on a standardized
    37  "domestic violence incident report form" promulgated by the division  of
    38  criminal  justice  services  in  consultation with the superintendent of
    39  state police, representatives of  local  police  forces  and  the  state
    40  office  [for  the  prevention  of]  to  end  domestic  and  gender-based
    41  violence, and the investigation thereof so as  to  ascertain  whether  a
    42  crime  has been committed against the victim by a member of the victim's
    43  family or household as such terms are defined in section  eight  hundred
    44  twelve of the family court act and section 530.11 of the criminal proce-
    45  dure law; and
    46    (2)  the  need for immediate intervention in family offenses including
    47  the arrest and detention of alleged offenders, pursuant  to  subdivision
    48  four  of  section  140.10  of  the criminal procedure law, and notifying
    49  victims of their rights, in their  native  language,  if  identified  as
    50  other  than English, in accordance with subparagraph three of this para-
    51  graph, including but not limited to  immediately  providing  the  victim
    52  with the written notice required in subdivision six of section 530.11 of
    53  the criminal procedure law and subdivision five of section eight hundred
    54  twelve of the family court act;
    55    (3) determine, in consultation with the superintendent of state police
    56  and  the office [for the prevention of] to end domestic and gender-based

        S. 2505                            24                            A. 3005

     1  violence, the languages in which such translation required  by  subpara-
     2  graph  one  of this paragraph, and the notification required by subpara-
     3  graph two of this paragraph, shall be provided. Such determination shall
     4  be  based  on the size of the New York state population that speaks each
     5  language and any other relevant factor.  Such  written  notice  required
     6  pursuant  to  subparagraph two of this paragraph shall be made available
     7  to all local law enforcement agencies throughout the state.  Nothing  in
     8  this  paragraph  shall prevent the council from using the determinations
     9  made by the superintendent of state police pursuant to  subdivision  (c)
    10  of section two hundred fourteen-b of this chapter;
    11    §  9.  The  opening  paragraph  of  paragraph  2 of subdivision (b) of
    12  section 153-c of the family court act, as added by chapter  367  of  the
    13  laws of 2015, is amended to read as follows:
    14    Development of a pilot program. A plan for a pilot program pursuant to
    15  this section shall be developed by the chief administrator of the courts
    16  or  his  or her delegate in consultation with one or more local programs
    17  providing assistance to victims of domestic violence,  the  office  [for
    18  the prevention of] to end domestic and gender-based violence, and attor-
    19  neys who represent family offense petitions. The plan shall include, but
    20  is not limited to:
    21    §  10.  Paragraph  2 of subdivision (a) of section 249-b of the family
    22  court act, as added by chapter 476 of the laws of 2009,  is  amended  to
    23  read as follows:
    24    2.  provide for the development of training programs with the input of
    25  and in consultation with the state office [for the prevention of] to end
    26  domestic and gender-based violence. Such training programs must  include
    27  the dynamics of domestic violence and its effect on victims and on chil-
    28  dren,  and the relationship between such dynamics and the issues consid-
    29  ered by the court, including, but not limited  to,  custody,  visitation
    30  and  child  support.  Such training programs along with the providers of
    31  such training must be approved by the  office  of  court  administration
    32  following  consultation  with  and  input  from the state office for the
    33  prevention of domestic violence; and
    34    § 11. The closing paragraph of subdivision 5 of  section  812  of  the
    35  family  court  act,  as  amended  by chapter 663 of the laws of 2019, is
    36  amended to read as follows:
    37    The division of criminal justice services  in  consultation  with  the
    38  state  office  [for  the prevention of] to end domestic and gender-based
    39  violence shall prepare the form of such written notice  consistent  with
    40  the  provisions  of  this  section  and distribute copies thereof to the
    41  appropriate law enforcement officials pursuant to  subdivision  nine  of
    42  section  eight  hundred  forty-one  of  the executive law. Additionally,
    43  copies of such notice shall be provided to the  chief  administrator  of
    44  the  courts  to be distributed to victims of family offenses through the
    45  family court at such time as such persons first come  before  the  court
    46  and  to the state department of health for distribution to all hospitals
    47  defined under article twenty-eight of the public health law. No cause of
    48  action for damages shall arise in favor of any person by reason  of  any
    49  failure  to comply with the provisions of this subdivision except upon a
    50  showing of gross negligence or willful misconduct.
    51    § 12. Subdivision 3 of section 403 of the  general  business  law,  as
    52  amended  by  chapter  715  of  the  laws  of 2019, is amended to read as
    53  follows:
    54    3. The advisory committee shall advise the secretary  on  all  matters
    55  relating  to  this  article,  and on such other matters as the secretary
    56  shall request. In advising the secretary on matters  concerning  profes-

        S. 2505                            25                            A. 3005

     1  sional education or curriculum, inclusive of the maintenance of cultural
     2  and  ethnic awareness within the prescribed curriculum in regard to hair
     3  types, including, but not limited to, curl pattern, hair  strand  thick-
     4  ness,  and  volume  of hair, the advisory committee shall, to the extent
     5  practicable, consult with the state education department.  The  advisory
     6  committee is directed, in consultation with the department of state, the
     7  New  York  state  office  [for  the  prevention  of] to end domestic and
     8  gender-based violence and an advocacy group recognized  by  the  federal
     9  department  of health and human services, which has the ability to coor-
    10  dinate statewide and with local communities on  programming  and  educa-
    11  tional  materials related to the prevention and intervention of domestic
    12  violence in New York state, to develop, provide for and integrate aware-
    13  ness training on domestic violence and sexual assault for  all  prospec-
    14  tive  students  seeking to be licensed under this article. Further, on a
    15  voluntary basis for those seeking to renew their license as provided for
    16  in this article to develop and provide access  to  educational  material
    17  for domestic violence and sexual assault awareness.
    18    § 13. Section 408-b of the general business law, as amended by chapter
    19  71 of the laws of 2020, is amended to read as follows:
    20    § 408-b. Domestic violence and sexual assault awareness education. The
    21  department shall ensure that domestic violence and sexual assault aware-
    22  ness  education  courses  are made available to all licensees and appli-
    23  cants for a license or renewal pursuant to this article  and  that  such
    24  courses are offered through the department's website. The department, in
    25  consultation with the office [for the prevention of] to end domestic and
    26  gender-based  violence  and  advocacy  groups  recognized by the federal
    27  department of health and human services or  the  federal  department  of
    28  justice,  which  have the ability to coordinate statewide and with local
    29  communities on programming and  educational  materials  related  to  the
    30  prevention  and  intervention  of domestic violence or sexual assault in
    31  New York state, shall develop and provide access  to  domestic  violence
    32  and  sexual  assault  awareness  education courses appropriate for those
    33  licensed under this article.
    34    § 14. Subsections (f) and (g) and paragraph 8  of  subsection  (h)  of
    35  section  2612 of the insurance law, subsection (f) as amended by chapter
    36  246 of the laws of 2005, subsection (g) as added by chapter 361  of  the
    37  laws of 2006, and paragraph 8 of subsection (h) as added by section 2 of
    38  part  E  of  chapter  491  of  the  laws of 2012, are amended to read as
    39  follows:
    40    (f) If any person covered by an insurance  policy  issued  to  another
    41  person as the policyholder delivers to the insurer that issued the poli-
    42  cy,  at its home office, a valid order of protection against the policy-
    43  holder, issued by a court of competent jurisdiction in this  state,  the
    44  insurer  shall be prohibited for the duration of the order from disclos-
    45  ing to the policyholder the address and telephone number of the insured,
    46  or of any person or entity providing covered services to the insured. If
    47  a child is the covered person, the right established by this  subsection
    48  may  be asserted by, and shall also extend to, the parent or guardian of
    49  the child. The superintendent, in consultation with the commissioner  of
    50  health  and  the  office  of children and family services and the office
    51  [for the prevention of] to end domestic and gender-based violence, shall
    52  promulgate rules to guide and  enable  insurers  to  guard  against  the
    53  disclosure  of the address and location of an insured who is a victim of
    54  domestic violence.
    55    (g) If any person covered by a group insurance policy delivers to  the
    56  insurer  that  issued  the  policy, at its home office, a valid order of

        S. 2505                            26                            A. 3005

     1  protection against another person covered by the group policy, issued by
     2  a court of competent jurisdiction in this state, the  insurer  shall  be
     3  prohibited  for  the duration of the order from disclosing to the person
     4  against  whom  the  valid order of protection was issued the address and
     5  telephone  number  of  the  insured  person  covered  by  the  order  of
     6  protection, or of any person or entity providing covered services to the
     7  insured  person  covered  by  the order of protection. If a child is the
     8  covered person, the right established by this subsection may be asserted
     9  by, and shall also extend to, the parent or guardian of the  child.  The
    10  superintendent,  in  consultation  with  the commissioner of health, the
    11  office  of  children  and  family  services  and  the  office  [for  the
    12  prevention  of] to end domestic and gender-based violence, shall promul-
    13  gate rules to guide and enable insurers to guard against the  disclosure
    14  of  the  address  and location of an insured who is a victim of domestic
    15  violence.
    16    (8) The superintendent,  in  consultation  with  the  commissioner  of
    17  health,  the  office of children and family services and the office [for
    18  the prevention of] to end  domestic  and  gender-based  violence,  shall
    19  promulgate  rules  to  guide  health  insurers  in  guarding against the
    20  disclosure of the information protected pursuant to this subsection.
    21    § 15. Section 10-a of the labor law, as added by chapter  527  of  the
    22  laws of 1995, is amended to read as follows:
    23    §  10-a.  Domestic  violence  policy. The commissioner shall study the
    24  issue of employees separated from employment due  to  acts  of  domestic
    25  violence  as referred to in and qualified by section four hundred fifty-
    26  nine-a of the social services law. The commissioner shall  consult  with
    27  the  New  York  state office [for the prevention of] to end domestic and
    28  gender-based violence and its advisory council, the department of social
    29  services, the division of women and members of the public  in  preparing
    30  such  study.    Such  study  shall include a review of case histories in
    31  which unemployment compensation was sought and an analysis of the  poli-
    32  cies  in  other states. A copy of such study shall be transmitted to the
    33  temporary president of the senate and the speaker of the assembly on  or
    34  before  January fifteenth, nineteen hundred ninety-six and shall contain
    35  policy recommendations.
    36    § 16. Section 10-b of the labor law, as added by chapter  368  of  the
    37  laws of 1997, is amended to read as follows:
    38    §  10-b.  Domestic  violence  employee awareness and assistance.   The
    39  commissioner shall assist the office [for  the  prevention  of]  to  end
    40  domestic and gender-based violence in the creation, approval and dissem-
    41  ination of the model domestic violence employee awareness and assistance
    42  policy  as  further  defined in subdivision nine of section five hundred
    43  seventy-five of the executive law. Upon completion and approval  of  the
    44  model  plan  as  outlined  in  subdivision  nine of section five hundred
    45  seventy-five of the executive law, the commissioner shall assist in  the
    46  promotion of the model policy to businesses in New York state.
    47    §  17.  Section 2137 of the public health law, as added by chapter 163
    48  of the laws of 1998, is amended to read as follows:
    49    § 2137.   Domestic violence  recognition.  The  department  shall,  in
    50  consultation with the office [for the prevention of] to end domestic and
    51  gender-based  violence  and  statewide organizations and community based
    52  organizations, develop a protocol for the identification  and  screening
    53  of victims of domestic violence who may either be a protected individual
    54  or a contact as used in this title.
    55    §  18.  Subdivision  2  of section 2803-p of the public health law, as
    56  added by chapter 271 of the laws of 1997, is amended to read as follows:

        S. 2505                            27                            A. 3005

     1    2. Every hospital having maternity and newborn services shall  provide
     2  information  concerning family violence to parents of newborn infants at
     3  any time prior to the discharge of the mother.  Such  information  shall
     4  also  be  provided  by  every  diagnostic  and treatment center offering
     5  prenatal  care  services  to  women upon an initial prenatal care visit.
     6  The commissioner shall, in consultation with the state office  [for  the
     7  prevention of] to end domestic and gender-based violence and the depart-
     8  ment  of  social  services, prepare, produce and transmit such notice to
     9  such facilities in quantities sufficient to comply with the requirements
    10  of this section. Such  notice  shall  contain  information  which  shall
    11  include  but  not  be  limited to the effects of family violence and the
    12  services available to women and children experiencing family violence.
    13    Such information shall  be  in  clear  and  concise  language  readily
    14  comprehensible.   Nothing in this section shall preclude a facility from
    15  providing the notice required by this section as an addendum to,  or  in
    16  connection  with,  any  other information required to be provided by any
    17  other provision of law, rule or regulation.
    18    § 19. Subdivision 3 of section 2805-z of the  public  health  law,  as
    19  amended  by  chapter  37  of  the  laws  of  2020, is amended to read as
    20  follows:
    21    3. The commissioner shall promulgate such rules and regulations as may
    22  be necessary and proper to carry out effectively the provisions of  this
    23  section.  Prior  to promulgating such rules and regulations, the commis-
    24  sioner shall consult with the office [for  the  prevention  of]  to  end
    25  domestic and gender-based violence and other such persons as the commis-
    26  sioner  deems  necessary  to  develop  a  model  policy for hospitals to
    27  utilize in complying with this section  and  to  identify  the  domestic
    28  violence or victim assistance organizations operating in each hospital's
    29  geographic  area,  a  list  of  which  the commissioner shall provide to
    30  hospitals with the model policy.
    31    § 20. The opening paragraph of subdivision (g) of section  17  of  the
    32  social  services  law,  as  added by chapter 280 of the laws of 2002, is
    33  amended to read as follows:
    34    require participation of all employees of a child  protective  service
    35  in  a  training  course  which has been developed by the office [for the
    36  prevention of] to end domestic and gender-based violence in  conjunction
    37  with  the  office  of  children  and family services whose purpose is to
    38  develop an understanding of the dynamics of domestic  violence  and  its
    39  connection to child abuse and neglect. Such course shall:
    40    §  21.  Subdivision  1 of section 111-v of the social services law, as
    41  added by chapter 398 of the laws of 1997, is amended to read as follows:
    42    1. The department, in consultation with appropriate agencies including
    43  but not limited to the New York state office [for the prevention of]  to
    44  end  domestic  and  gender-based violence, shall by regulation prescribe
    45  and implement safeguards on the  confidentiality,  integrity,  accuracy,
    46  access,  and  the  use  of  all  confidential information and other data
    47  handled or maintained, including data obtained pursuant to  section  one
    48  hundred eleven-o of this article and including such information and data
    49  maintained  in  the  automated  child  support  enforcement system. Such
    50  information and data  shall  be  maintained  in  a  confidential  manner
    51  designed  to  protect the privacy rights of the parties and shall not be
    52  disclosed except for the purpose of, and to  the  extent  necessary  to,
    53  establish  paternity,  or  establish,  modify  or  enforce  an  order of
    54  support.

        S. 2505                            28                            A. 3005

     1    § 22. Subdivisions 1, 2 and 3 of section 349-a of the social  services
     2  law,  as  added  by  section  36 of part B of chapter 436 of the laws of
     3  1997, are amended to read as follows:
     4    1.  The  department,  after  consultation  with  the  office  [for the
     5  prevention of] to end domestic and gender-based violence  and  statewide
     6  domestic   violence  advocacy  groups,  shall  by  regulation  establish
     7  requirements for social services districts to notify all applicants and,
     8  upon recertification, recipients,  of  procedures  for  protection  from
     9  domestic  violence  and  the availability of services. Such notice shall
    10  inform applicants and recipients that the social services district  will
    11  make  periodic  inquiry  regarding  the  existence  of domestic violence
    12  affecting the individual.   Such notice shall  also  inform  individuals
    13  that   response  to  these  inquiries  is  voluntary  and  confidential;
    14  provided, however, that information regarding neglect or abuse of  chil-
    15  dren will be reported to child protective services.
    16    2.  Such  inquiry  shall  be performed utilizing a universal screening
    17  form to be developed by  the  department  after  consultation  with  the
    18  office [for the prevention of] to end domestic and gender-based violence
    19  and  statewide  domestic  violence  advocacy  groups.  An individual may
    20  request such screening at any time, and any individual who at  any  time
    21  self  identifies  as a victim of domestic violence shall be afforded the
    22  opportunity for such screening.
    23    3. An individual indicating the presence of domestic  violence,  as  a
    24  result  of  such  screening,  shall  be  promptly referred to a domestic
    25  violence liaison who meets  training  requirements  established  by  the
    26  department,  after  consultation with the office [for the prevention of]
    27  to  end  domestic  and  gender-based  violence  and  statewide  domestic
    28  violence advocacy groups.
    29    § 23. The opening paragraph of subdivision 2 and the opening paragraph
    30  of  subdivision  3 of section 427-a of the social services law, as added
    31  by chapter 452 of the laws of 2007, are amended to read as follows:
    32    Any social services district interested in implementing a differential
    33  response program shall apply  to  the  office  of  children  and  family
    34  services  for  permission  to  participate.  The  criteria  for a social
    35  services district to participate will be determined  by  the  office  of
    36  children and family services after consultation with the office [for the
    37  prevention  of]  to  end domestic and gender-based violence, however the
    38  social services district's application must include a plan setting forth
    39  the following:
    40    The criteria for determining which cases may be placed in the  assess-
    41  ment  track  shall  be  determined  by  the  local  department of social
    42  services, in conjunction with the office of children and family services
    43  and after consultation with the office [for the prevention  of]  to  end
    44  domestic  and  gender-based  violence.  Provided,  however, that reports
    45  including any of the following allegations shall not be included in  the
    46  assessment track of a differential response program:
    47    § 24. Subdivision (a) of section 483-cc of the social services law, as
    48  amended  by  chapter  368  of  the  laws  of 2015, is amended to read as
    49  follows:
    50    (a) As soon as practicable after a first encounter with a  person  who
    51  reasonably  appears  to  a  law  enforcement agency, district attorney's
    52  office, or an established provider of social or  legal  services  desig-
    53  nated  by  the office of temporary and disability assistance, the office
    54  [for the prevention of] to end domestic and gender-based violence or the
    55  office of victim services to be a human  trafficking  victim,  that  law
    56  enforcement agency or district attorney's office shall notify the office

        S. 2505                            29                            A. 3005

     1  of  temporary  and  disability  assistance  and the division of criminal
     2  justice services that such person may be  eligible  for  services  under
     3  this  article  or,  in  the case of an established provider of social or
     4  legal  services,  shall  notify  the  office of temporary and disability
     5  assistance and the division of criminal justice services if such  victim
     6  consents to seeking services pursuant to this article.
     7    § 25. Subdivision (a) of section 483-ee of the social services law, as
     8  amended  by  chapter  413  of  the  laws  of 2016, is amended to read as
     9  follows:
    10    (a) There is established an interagency task force on  trafficking  in
    11  persons,  which  shall  consist of the following members or their desig-
    12  nees: (1) the commissioner of the division of criminal justice services;
    13  (2) the commissioner of the office of temporary and  disability  assist-
    14  ance; (3) the commissioner of health; (4) the commissioner of the office
    15  of mental health; (5) the commissioner of labor; (6) the commissioner of
    16  the  office of children and family services; (7) the commissioner of the
    17  office of alcoholism and substance abuse services; (8) the  director  of
    18  the  office of victim services; (9) the executive director of the office
    19  [for the prevention of] to end domestic and gender-based  violence;  and
    20  (10) the superintendent of the division of state police; and the follow-
    21  ing additional members, who shall be promptly appointed by the governor,
    22  each  for  a  term  of two years, provided that such person's membership
    23  shall continue after such two year term until a successor  is  appointed
    24  and  provided, further, that a member may be reappointed if again recom-
    25  mended in the manner specified in this subdivision:  (11)  two  members,
    26  who  shall be appointed on the recommendation of the temporary president
    27  of the senate; (12) two members, who shall be appointed on the recommen-
    28  dation of the speaker of the assembly; (13) two members,  who  shall  be
    29  appointed  on  the  recommendation of the not-for-profit organization in
    30  New York state that receives the largest share of funds, appropriated by
    31  and through the state budget, for providing services to victims of human
    32  trafficking, as shall be identified annually in writing by the  director
    33  of the budget; and (14) one member, who shall be appointed on the recom-
    34  mendation  of  the  president of the New York state bar association; and
    35  others as may be necessary to carry out the duties and  responsibilities
    36  under this section. The task force will be co-chaired by the commission-
    37  ers  of  the  division  of  criminal  justice services and the office of
    38  temporary and disability assistance, or their designees. It  shall  meet
    39  as  often  as  is  necessary, but no less than three times per year, and
    40  under circumstances as are appropriate to fulfilling  its  duties  under
    41  this  section. All members shall be provided with written notice reason-
    42  ably in advance of each meeting with date, time  and  location  of  such
    43  meeting.
    44    §  26.  Subdivision  3  of section 97-yyy of the state finance law, as
    45  added by chapter 634 of the laws of 2002, is amended to read as follows:
    46    3. Moneys of the fund, following appropriation by the legislature  and
    47  allocation  by  the  director  of the budget, shall be available for the
    48  purpose of funding expenses of the office [for the prevention of] to end
    49  domestic  and  gender-based  violence  for  educational  and  prevention
    50  programs undertaken pursuant to article twenty-one of the executive law.
    51    §  27.  This  act shall take effect immediately; provided however that
    52  section nineteen of this act shall take effect on the same date  and  in
    53  the  same  manner  as  section  2 of chapter 733 of the laws of 2019, as
    54  amended, takes effect; and  provided  further  that  the  amendments  to
    55  subdivision  (a)  of  section  483-ee of the social services law made by

        S. 2505                            30                            A. 3005

     1  section twenty-five of this act shall not  affect  the  repeal  of  such
     2  subdivision and shall be deemed repealed therewith.

     3                                   PART C

     4    Section  1. The penal law is amended by adding a new section 120.65 to
     5  read as follows:
     6  § 120.65 Domestic violence.
     7    A person is guilty of domestic violence when he or she:
     8    1. commits a serious offense as defined in paragraph (c)  of  subdivi-
     9  sion  seventeen of section 265.00 of this chapter and the person against
    10  whom the offense is committed is a member of the same family  or  house-
    11  hold  as  defined  in  subdivision one of section 530.11 of the criminal
    12  procedure law; or
    13    2. commits the crime of assault in the  third  degree  as  defined  in
    14  subdivisions  one and two of section 120.00 of this article, or reckless
    15  endangerment in the second degree as defined in section 120.20  of  this
    16  article,  or  criminal  obstruction of breathing or blood circulation as
    17  defined in section 121.11 of  this  article,  or  forcible  touching  as
    18  defined  in  section 130.52 of this title, or sexual abuse in the second
    19  degree as defined in section 130.60 of this title, or  sexual  abuse  in
    20  the third degree as defined in section 130.55 of this title, or unlawful
    21  imprisonment  in  the second degree as defined in section 135.05 of this
    22  title and the person against whom the offense is committed is a  current
    23  or  former  spouse,  parent,  or  guardian  of the person committing the
    24  offense; a person with whom the person committing the offense  shares  a
    25  child  in  common; a person who is cohabiting with or has cohabited with
    26  the person committing the offense as a spouse, parent, or guardian, or a
    27  person similarly situated to  a  spouse,  parent,  or  guardian  of  the
    28  victim.
    29    Domestic violence is a class A misdemeanor.
    30    §  2.  Subdivision 17 of section 265.00 of the penal law is amended by
    31  adding a new paragraph (d) to read as follows:
    32    (d) domestic violence as defined by subdivision one of section  120.65
    33  of this chapter.
    34    § 3. This act shall take effect on the first of November next succeed-
    35  ing the date on which it shall have become a law.

    36                                   PART D

    37    Section  1.  Paragraph  2  of  subdivision  (j) and subdivision (k) of
    38  section 446 of the family court act, paragraph 2 of subdivision  (j)  as
    39  added and subdivision (k) as amended by chapter 261 of the laws of 2020,
    40  are amended to read as follows:
    41    2. For purposes of this subdivision, "connected device" shall mean any
    42  device,  or  other  physical object that is capable of connecting to the
    43  internet, directly or indirectly,  and  that  is  assigned  an  internet
    44  protocol address or bluetooth address; [and]
    45    (k)  to  pay  the  reasonable costs of repairing damages caused by the
    46  respondent to a premises owned or occupied by the protected party;
    47    (l) to make rent or mortgage payments on the premises owned  or  occu-
    48  pied by the protected party;
    49    (m) to pay the reasonable costs of relocation for the protected party,
    50  including but not limited to security deposits, utility deposits, moving
    51  services  and  first and last month's rent, provided that this responsi-

        S. 2505                            31                            A. 3005

     1  bility does not entitle the respondent access to the  protected  party's
     2  address or location; and
     3    (n)  to  observe such other conditions as are necessary to further the
     4  purposes of protection.  The court may also award custody of the  child,
     5  during  the  term  of the order of protection to either parent, or to an
     6  appropriate relative within the second degree. Nothing in  this  section
     7  gives  the  court  power  to place or board out any child or to commit a
     8  child to an institution or agency. In making orders of  protection,  the
     9  court shall so act as to insure that in the care, protection, discipline
    10  and guardianship of the child his religious faith shall be preserved and
    11  protected.
    12    § 2. Paragraph 2 of subdivision (k) and subdivision (l) of section 551
    13  of  the  family  court  act, paragraph 2 of subdivision (k) as added and
    14  subdivision (l) as amended by chapter 261  of  the  laws  of  2020,  are
    15  amended to read as follows:
    16    2. For purposes of this subdivision, "connected device" shall mean any
    17  device,  or  other  physical object that is capable of connecting to the
    18  internet, directly or indirectly,  and  that  is  assigned  an  internet
    19  protocol address or bluetooth address; [and]
    20    (l)  to  pay  the  reasonable costs of repairing damages caused by the
    21  respondent to a premises owned or occupied by the protected party;
    22    (m) to make rent or mortgage payments on the premises owned  or  occu-
    23  pied by the protected party;
    24    (n) to pay the reasonable costs of relocation for the protected party,
    25  including but not limited to security deposits, utility deposits, moving
    26  services  and  first and last month's rent, provided that this responsi-
    27  bility does not entitle the respondent access to the  protected  party's
    28  address or location; and
    29    (o)  to  observe such other conditions as are necessary to further the
    30  purposes of protection.
    31    § 3. Paragraph 2 of subdivision (k) and subdivision (l) of section 656
    32  of the family court act, paragraph 2 of subdivision  (k)  as  added  and
    33  subdivision  (l)  as  amended  by  chapter  261 of the laws of 2020, are
    34  amended to read as follows:
    35    2. For purposes of this subdivision, "connected device" shall mean any
    36  device, or other physical object that is capable of  connecting  to  the
    37  internet,  directly  or  indirectly,  and  that  is assigned an internet
    38  protocol address or bluetooth address; [and]
    39    (l) to pay the reasonable costs of repairing  damages  caused  by  the
    40  respondent to a premises owned or occupied by the protected party;
    41    (m)  to  make rent or mortgage payments on the premises owned or occu-
    42  pied by the protected party;
    43    (n) to pay the reasonable costs of relocation for the protected party,
    44  including but not limited to security deposits, utility deposits, moving
    45  services and first and last month's rent, provided that  this  responsi-
    46  bility  does  not entitle the respondent access to the protected party's
    47  address or location; and
    48    (o) to observe such other conditions as are necessary to  further  the
    49  purposes of protection.
    50    § 4. Paragraph 2 of subdivision (k) and subdivision (l) of section 842
    51  of  the  family  court  act, paragraph 2 of subdivision (k) as added and
    52  subdivision (l) as amended by chapter 261  of  the  laws  of  2020,  are
    53  amended to read as follows:
    54    2. For purposes of this subdivision, "connected device" shall mean any
    55  device,  or  other  physical object that is capable of connecting to the

        S. 2505                            32                            A. 3005

     1  internet, directly or indirectly,  and  that  is  assigned  an  internet
     2  protocol address or bluetooth address; [and]
     3    (l)  to  pay  the  reasonable costs of repairing damages caused by the
     4  respondent to a premises owned or occupied by the protected party;
     5    (m) to make rent or mortgage payments on the premises owned  or  occu-
     6  pied by the protected party;
     7    (n) to pay the reasonable costs of relocation for the protected party,
     8  including but not limited to security deposits, utility deposits, moving
     9  services  and  first and last month's rent, provided that this responsi-
    10  bility does not entitle the respondent access to the  protected  party's
    11  address or location; and
    12    (o)  to  observe such other conditions as are necessary to further the
    13  purposes of protection.
    14    § 5. Clause (B) of subparagraph 8 of paragraph (a) of subdivision 1 of
    15  section 530.12 of the criminal procedure law, as added by chapter 261 of
    16  the laws of 2020, is amended and three new subparagraphs 9,  10  and  11
    17  are added to read as follows:
    18    (B)  For  purposes of this subparagraph, "connected device" shall mean
    19  any device, or other physical object that is capable  of  connecting  to
    20  the  internet,  directly or indirectly, and that is assigned an internet
    21  protocol address or bluetooth address[.];
    22    (9) to pay the reasonable costs of repairing  damages  caused  by  the
    23  defendant to a premises owned or occupied by the protected party;
    24    (10)  to make rent or mortgage payments on the premises owned or occu-
    25  pied by the protected party; and
    26    (11) to pay the reasonable  costs  of  relocation  for  the  protected
    27  party, including but not limited to security deposits, utility deposits,
    28  moving  services  and  first  and  last month's rent, provided that this
    29  responsibility does not entitle the respondent access to  the  protected
    30  party's address or location.
    31    §  6. Paragraphs (e) and (f) of subdivision 5 of section 530.12 of the
    32  criminal procedure law, paragraph (e) as amended and  paragraph  (f)  as
    33  added  by  chapter  261  of  the laws of 2020, are amended and three new
    34  paragraphs (g), (h) and (i) are added to read as follows:
    35    (e) to permit a designated party to enter the residence during a spec-
    36  ified period of time in order to remove personal belongings not in issue
    37  in this proceeding or in any other proceeding or action under this chap-
    38  ter, the family court act or the domestic relations law; [or]
    39    (f) (i) to refrain from remotely  controlling  any  connected  devices
    40  affecting  the  home, vehicle or property of the person protected by the
    41  order.
    42    (ii) For purposes of this paragraph, "connected device" shall mean any
    43  device, or other physical object that is capable of  connecting  to  the
    44  internet,  directly  or  indirectly,  and  that  is assigned an internet
    45  protocol address or bluetooth address[.];
    46    (g) to pay the reasonable costs of repairing  damages  caused  by  the
    47  respondent to a premises owned or occupied by the protected party;
    48    (h)  to  make rent or mortgage payments on the premises owned or occu-
    49  pied by the protected party; or
    50    (i) to pay the reasonable costs of relocation for the protected party,
    51  including but not limited to security deposits, utility deposits, moving
    52  services and first and last month's rent, provided that  this  responsi-
    53  bility  does  not entitle the respondent access to the protected party's
    54  address or location;

        S. 2505                            33                            A. 3005

     1    § 7. Subdivision 1 of section 530.13 of the criminal procedure law  is
     2  amended  by  adding  three  new  paragraphs  (e), (f) and (g) to read as
     3  follows:
     4    (e)  to  pay  the  reasonable costs of repairing damages caused by the
     5  respondent to a premises owned or occupied by the protected party;
     6    (f) to make rent or mortgage payments on the premises owned  or  occu-
     7  pied by the protected party; or
     8    (g) to pay the reasonable costs of relocation for the protected party,
     9  including but not limited to security deposits, utility deposits, moving
    10  services  and  first and last month's rent, provided that this responsi-
    11  bility does not entitle the respondent access to the  protected  party's
    12  address or location;
    13    §  8.    Subparagraph  2  of paragraph (d) of subdivision 4 of section
    14  530.13 of the criminal procedure law, as added by  chapter  261  of  the
    15  laws  of  2020, is amended and three new paragraphs (e), (f) and (g) are
    16  added to read as follows:
    17    2. For purposes of this paragraph, "connected device" shall  mean  any
    18  device,  or  other  physical object that is capable of connecting to the
    19  internet, directly or indirectly,  and  that  is  assigned  an  internet
    20  protocol address or bluetooth address[.];
    21    (e)  to  pay  the  reasonable costs of repairing damages caused by the
    22  defendant to a premises owned or occupied by the protected party;
    23    (f) to make rent or mortgage payments on the premises owned  or  occu-
    24  pied by the protected party; and
    25    (g) to pay the reasonable costs of relocation for the protected party,
    26  including but not limited to security deposits, utility deposits, moving
    27  services  and  first and last month's rent, provided that this responsi-
    28  bility does not entitle the respondent access to the  protected  party's
    29  address or location.
    30    § 9.  Clause (ii) of subparagraph 9 and subparagraph 10 of paragraph a
    31  of  subdivision  3  of  section  240  of  the domestic relations law, as
    32  amended by chapter 261 of the laws of  2020,  are  amended  to  read  as
    33  follows:
    34    (ii)  For purposes of this subparagraph, "connected device" shall mean
    35  any device, or other physical object that is capable  of  connecting  to
    36  the  internet,  directly or indirectly, and that is assigned an internet
    37  protocol address or bluetooth address; [and]
    38    (10) to pay the reasonable costs of repairing damages  caused  by  the
    39  respondent to a premises owned or occupied by the protected party;
    40    (11)  to make rent or mortgage payments on the premises owned or occu-
    41  pied by the protected party;
    42    (12) to pay the reasonable  costs  of  relocation  for  the  protected
    43  party, including but not limited to security deposits, utility deposits,
    44  moving  services  and  first  and  last month's rent, provided that this
    45  responsibility does not entitle the respondent access to  the  protected
    46  party's address or location; and
    47    (13)  to observe such other conditions as are necessary to further the
    48  purposes of protection.
    49    § 10. Subparagraph 2 of paragraph (i) and paragraph (j) of subdivision
    50  1 of section 252 of the domestic relations law, as  amended  by  chapter
    51  261 of the laws of 2020, are amended to read as follows:
    52    (2)  For purposes of this paragraph, "connected device" shall mean any
    53  device, or other physical object that is capable of  connecting  to  the
    54  internet,  directly  or  indirectly,  and  that  is assigned an internet
    55  protocol address or bluetooth address; [and]

        S. 2505                            34                            A. 3005

     1    (j) to pay the reasonable costs of repairing  damages  caused  by  the
     2  respondent to a premises owned or occupied by the protected party; and
     3    (k)  to  make rent or mortgage payments on the premises owned or occu-
     4  pied by the protected party;
     5    (l) to pay the reasonable costs of relocation for the protected party,
     6  including but not limited to security deposits, utility deposits, moving
     7  services and first and last month's rent, provided that  this  responsi-
     8  bility  does  not entitle the respondent access to the protected party's
     9  address or location; and
    10    (m) to observe such other conditions as are necessary to  further  the
    11  purposes of protection.
    12    § 11. This act shall take effect immediately.

    13                                   PART E

    14    Section 1. Subdivision 5 of section 216 of the judiciary law, as added
    15  by section 5 of part UU of chapter 56 of the laws of 2020, is amended to
    16  read as follows:
    17    5.  The  chief  administrator  of  the courts, in conjunction with the
    18  division of criminal justice services, shall  collect  data  and  report
    19  every six months regarding pretrial release and detention. Such data and
    20  report  shall  contain  information  categorized  by  gender, racial and
    21  ethnic background;  regarding  the  nature  of  the  criminal  offenses,
    22  including  the  top  charge of each case; whether an order of protection
    23  was issued for a family offense; the number and type of charges in  each
    24  defendant's  criminal  record;  the  number  of  individuals released on
    25  recognizance; the number of individuals released on non-monetary  condi-
    26  tions,  including  the  conditions  imposed;  the  number of individuals
    27  committed to the custody of a sheriff prior to trial; the rates of fail-
    28  ure to appear and rearrest; the outcome of such cases  or  dispositions;
    29  the length of the pretrial detention stay and any other such information
    30  as the chief administrator and the division of criminal justice services
    31  may find necessary and appropriate. Such report shall aggregate the data
    32  collected by county; court, including city, town and village courts; and
    33  judge.  The data shall be disaggregated in order to protect the identity
    34  of individual defendants. The report  shall  be  released  publicly  and
    35  published  on the websites of the office of court administration and the
    36  division of  criminal  justice  services.  The  first  report  shall  be
    37  published  twelve months after this subdivision shall have become a law,
    38  and shall include data from the first six months following the enactment
    39  of this section. Reports for subsequent periods shall be published every
    40  six months thereafter.
    41    § 2. Section 216 of the judiciary law  is  amended  by  adding  a  new
    42  subdivision 6 to read as follows:
    43    6.  The  chief administrator of the courts shall prepare a report each
    44  month related to persons charged with a felony  or  misdemeanor  offense
    45  where  the  defendant  and  the  person alleged to be the victim of such
    46  crime were members of the same family or household as defined in  subdi-
    47  vision  one of section 530.11 of the criminal procedure law. Such report
    48  shall contain information on the number of  cases  within  each  county,
    49  categorized  by  felony  and  misdemeanor,  in which the court issued an
    50  order of protection for a family offense. The reports shall be  provided
    51  each  month  to the division of criminal justice services and the office
    52  for the prevention of domestic violence.
    53    § 3. Section 837-u of the executive law, as added by section 6 of part
    54  UU of chapter 56 of the laws of 2020, is amended to read as follows:

        S. 2505                            35                            A. 3005

     1    § 837-u. The division of criminal  justice  services,  in  conjunction
     2  with  the  chief  administrator  of  the  courts, shall collect data and
     3  report annually regarding pretrial release and detention. Such data  and
     4  report  shall  contain  information  categorized  by  gender, racial and
     5  ethnic  background;  regarding  the  nature  of  the  criminal offenses,
     6  including the top charge of each case; whether an  order  of  protection
     7  was  issued for a family offense; the number and type of charges in each
     8  defendant's criminal record;  the  number  of  individuals  released  on
     9  recognizance;  the number of individuals released on non-monetary condi-
    10  tions, including the  conditions  imposed;  the  number  of  individuals
    11  committed to the custody of a sheriff prior to trial; the rates of fail-
    12  ure  to  appear and rearrest; the outcome of such cases or dispositions;
    13  whether the defendant was represented by counsel at every court  appear-
    14  ance  regarding  the  defendant's  securing  order;  the  length  of the
    15  pretrial detention stay and any other  such  information  as  the  chief
    16  administrator  and  the  division  of criminal justice services may find
    17  necessary and appropriate. Such annual report shall aggregate  the  data
    18  collected by county; court, including city, town and village courts; and
    19  judge.  The data shall be disaggregated in order to protect the identity
    20  of individual defendants. The report  shall  be  released  publicly  and
    21  published  on the websites of the office of court administration and the
    22  division of  criminal  justice  services.  The  first  report  shall  be
    23  published  eighteen  months  after this section shall have become a law,
    24  and shall include data from the first twelve months following the enact-
    25  ment of this section. Reports for subsequent years  shall  be  published
    26  annually on or before that date thereafter.
    27    §  4.  This  act shall take effect on the ninetieth day after it shall
    28  have become a law.

    29                                   PART F

    30    Section 1. Subdivision 1 of section 240 of the domestic relations  law
    31  is amended by adding a new paragraph (k) to read as follows:
    32    (k)  In  determining  the best interests of the child, the court shall
    33  not: (1) consider the sex, sexual orientation, gender identity or gender
    34  expression of the parties; or  (2)  prohibit  a  party  from  undergoing
    35  gender reassignment.
    36    § 2. This act shall take effect immediately.

    37                                   PART G

    38    Section  1. The repeal of section 240.37 of the penal law, as effected
    39  by section two of this act, is hereby declared to be  ameliorative,  and
    40  it  is  the  intent  of  the  legislature that no prosecution under such
    41  section be commenced, continued, or refiled.
    42    § 2. Section 240.37 of the penal law is REPEALED.
    43    § 3. Section 230.01 of the penal law, as amended by chapter 189 of the
    44  laws of 2018, is amended to read as follows:
    45  § 230.01 Prostitution; affirmative defense.
    46    In any prosecution  under  section  230.00,  section  230.03,  section
    47  230.19,  section  230.20, subdivision 2 of section 230.25, subdivision 2
    48  of section 230.30[,] or section 230.34-a [or subdivision two of  section
    49  240.37]  of  this  [part] article, it is an affirmative defense that the
    50  defendant's participation in the offense was a result of having  been  a
    51  victim  of compelling prostitution under section 230.33 of this article,
    52  a victim of sex trafficking under section  230.34  of  this  article,  a

        S. 2505                            36                            A. 3005

     1  victim  of  sex  trafficking  of  a child under section 230.34-a of this
     2  article or a victim of trafficking  in  persons  under  the  trafficking
     3  victims protection act (United States Code, Title 22, Chapter 78).
     4    §  4. Section 60.47 of the criminal procedure law, as added by section
     5  2 of part I of chapter 57 of the laws of 2015, is  amended  to  read  as
     6  follows:
     7  § 60.47 Possession of condoms; receipt into evidence.
     8    Evidence  that  a  person was in possession of one or more condoms may
     9  not be admitted at any trial, hearing, or other proceeding in  a  prose-
    10  cution  for  section 230.00 [or section 240.37] of the penal law for the
    11  purpose of establishing probable cause for  an  arrest  or  proving  any
    12  person's commission or attempted commission of such offense.
    13    §  5. Paragraphs (c) and (d) of subdivision 1 of section 160.10 of the
    14  criminal procedure law, paragraph (c) as amended by chapter 762  of  the
    15  laws  of 1971 and paragraph (d) as amended by chapter 232 of the laws of
    16  2010, are amended to read as follows:
    17    (c) A misdemeanor defined outside the penal law which would constitute
    18  a felony if such person had a previous  judgment  of  conviction  for  a
    19  crime[; or
    20    (d) Loitering for the purpose of engaging in a prostitution offense as
    21  defined in subdivision two of section 240.37 of the penal law].
    22    § 6. Subdivision 4 of section 170.30 of the criminal procedure law, as
    23  added by chapter 402 of the laws of 2014, is amended to read as follows:
    24    4.  After arraignment upon an information, a simplified information, a
    25  prosecutor's information or misdemeanor complaint on a charge of prosti-
    26  tution pursuant to section 230.00 of the penal law [or loitering for the
    27  purposes of prostitution pursuant to subdivision two of  section  240.37
    28  of  the  penal law, provided that the person does not stand charged with
    29  loitering for the  purpose  of  patronizing  a  prostitute,  where  such
    30  offense  allegedly  occurred  when  the  person was sixteen or seventeen
    31  years of age,] the local criminal court may dismiss such charge  in  its
    32  discretion  in  the  interest  of justice on the ground that a defendant
    33  participated in services provided to him or her.
    34    § 7. The opening paragraph of subdivision 1 of section 170.80  of  the
    35  criminal  procedure  law, as amended by chapter 402 of the laws of 2014,
    36  is amended to read as follows:
    37    Notwithstanding any other provision of law, at any time  at  or  after
    38  arraignment  on  a  charge of prostitution pursuant to section 230.00 of
    39  the penal law [or loitering for the purposes of prostitution pursuant to
    40  subdivision two of section 240.37 of the penal law,  provided  that  the
    41  person  does not stand charged with loitering for the purpose of patron-
    42  izing a prostitute, where  such  offense  allegedly  occurred  when  the
    43  person  was  sixteen  or  seventeen  years  of  age except where], after
    44  consultation with counsel, a knowing and voluntary plea  of  guilty  has
    45  been  entered  to such charge, any judge or justice hearing any stage of
    46  such case may, upon consent of the  defendant  after  consultation  with
    47  counsel:
    48    § 8. Subdivision 2 of section 420.35 of the criminal procedure law, as
    49  amended  by  chapter  144  of  the  laws  of 2020, is amended to read as
    50  follows:
    51    2. Except as provided in this subdivision or subdivision two-a of this
    52  section, under no  circumstances  shall  the  mandatory  surcharge,  sex
    53  offender  registration fee, DNA databank fee or the crime victim assist-
    54  ance fee be waived. A court shall waive  any  mandatory  surcharge,  DNA
    55  databank fee and crime victim assistance fee when: (i) [the defendant is
    56  convicted of loitering for the purpose of engaging in prostitution under

        S. 2505                            37                            A. 3005

     1  section  240.37  of  the  penal law (provided that the defendant was not
     2  convicted of loitering for the purpose of patronizing a person for pros-
     3  titution); (ii)]  the  defendant  is  convicted  of  prostitution  under
     4  section 230.00 of the penal law; [(iii)] (ii) the defendant is convicted
     5  of  a  violation in the event such conviction is in lieu of a plea to or
     6  conviction for [loitering for the purpose of  engaging  in  prostitution
     7  under  section  240.37 of the penal law (provided that the defendant was
     8  not alleged to be loitering for the purpose of patronizing a person  for
     9  prostitution)  or]  prostitution  under section 230.00 of the penal law;
    10  [or (iv)] (iii) the court finds that a defendant  is  a  victim  of  sex
    11  trafficking  under  section 230.34 of the penal law or a victim of traf-
    12  ficking in persons under the trafficking victims protection act  (United
    13  States  Code,  Title 22, Chapter 78); or [(v)] (iv) the court finds that
    14  the defendant is a victim of sex trafficking of a  child  under  section
    15  230.34-a of the penal law.
    16    § 9. Subdivision 4 of section 720.15 of the criminal procedure law, as
    17  added by chapter 402 of the laws of 2014, is amended to read as follows:
    18    4.  Notwithstanding  any  provision  in this article, a person charged
    19  with prostitution as defined in section 230.00  of  the  penal  law  [or
    20  loitering for the purposes of prostitution as defined in subdivision two
    21  of  section  240.37  of the penal law, provided that the person does not
    22  stand charged with loitering for the purpose of  patronizing  a  prosti-
    23  tute,  and  such  person  is aged sixteen or seventeen when such offense
    24  occurred,] regardless of whether such person (i) had prior to  commence-
    25  ment  of trial or entry of a plea of guilty been convicted of a crime or
    26  found a youthful offender, or (ii) subsequent  to  such  conviction  for
    27  prostitution  [or loitering for prostitution] is convicted of a crime or
    28  found a youthful offender, the provisions of subdivisions one and two of
    29  this section requiring or authorizing the  accusatory  instrument  filed
    30  against a youth to be sealed, and the arraignment and all proceedings in
    31  the action to be conducted in private shall apply.
    32    §  10.  Subdivision 1 of section 720.35 of the criminal procedure law,
    33  as amended by chapter 402 of the laws of 2014, is  amended  to  read  as
    34  follows:
    35    1.  A  youthful  offender adjudication is not a judgment of conviction
    36  for a crime or any other offense, and does not operate  as  a  disquali-
    37  fication  of  any  person  so  adjudged  to hold public office or public
    38  employment or to receive any license granted  by  public  authority  but
    39  shall be deemed a conviction only for the purposes of transfer of super-
    40  vision  and  custody pursuant to section two hundred fifty-nine-m of the
    41  executive law. A defendant for whom a youthful offender adjudication was
    42  substituted, who was originally charged with prostitution as defined  in
    43  section  230.00 of the penal law [or loitering for the purposes of pros-
    44  titution as defined in subdivision two of section 240.37  of  the  penal
    45  law  provided  that the person does not stand charged with loitering for
    46  the purpose of  patronizing  a  prostitute,  for  an  offense  allegedly
    47  committed  when  he or she was sixteen or seventeen years of age], shall
    48  be deemed a "sexually exploited child" as defined in subdivision one  of
    49  section four hundred forty-seven-a of the social services law and there-
    50  fore shall not be considered an adult for purposes related to the charg-
    51  es  in  the  youthful  offender proceeding or a proceeding under section
    52  170.80 of this chapter.
    53    § 11. Paragraph (d) of subdivision 1 of section 447-a  of  the  social
    54  services  law, as amended by chapter 189 of the laws of 2018, is amended
    55  to read as follows:

        S. 2505                            38                            A. 3005

     1    (d) engages in acts  or  conduct  described  in  article  two  hundred
     2  sixty-three [or section 240.37] of the penal law.
     3    §  12.  The  third  undesignated paragraph of subdivision a of section
     4  3-118 of the administrative code of the city of New York, as amended  by
     5  chapter 189 of the laws of 2018, is amended to read as follows:
     6    Sexually  exploited  youth.  The term "sexually exploited youth" means
     7  persons under the age of 18 who have been subject to sexual exploitation
     8  because they (a) are the victim of  the  crime  of  sex  trafficking  as
     9  defined  in  section  230.34  of the penal law; (b) engage in any act as
    10  defined in section 230.00 of the penal law; (c)  are  a  victim  of  the
    11  crime  of  compelling  prostitution  as defined in section 230.33 of the
    12  penal law; (d) are a victim of the crime of sex trafficking of  a  child
    13  as  defined  in section 230.34-a of the penal law; or (e) engage in acts
    14  or conduct described in article [263  or  section  240.37]  two  hundred
    15  sixty-three  of  the penal law.   The term shall also mean persons under
    16  the age of 18 who have been subject  to  incest  in  the  third  degree,
    17  second  degree  or  first degree, as defined in sections 255.25, 255.26,
    18  and 255.27 of the penal law, respectively, or any of  the  sex  offenses
    19  enumerated in article [130] one hundred thirty of the penal law.
    20    § 13. This act shall take effect immediately.

    21                                   PART H

    22    Section 1. Subdivisions (a) and (c) of section 712 of the family court
    23  act,  as  amended  by  section  1 of part K of chapter 56 of the laws of
    24  2019, are amended to read as follows:
    25    (a) "Person in need of supervision". A person less than eighteen years
    26  of age: (i) who does not attend school in accordance with the provisions
    27  of part one of article sixty-five of the  education  law;  (ii)  who  is
    28  [incorrigible,]  ungovernable  or  habitually disobedient and beyond the
    29  lawful control of a parent or other person legally responsible for  such
    30  child's  care,  or  other  lawful  authority;  (iii)  who  violates  the
    31  provisions of: (1) section 221.05; or (2) 230.00 of the penal law;  (iv)
    32  or  who appears to be a sexually exploited child as defined in paragraph
    33  (a), (c) or (d) of subdivision one of section four hundred forty-seven-a
    34  of the social services law, but only if the child consents to the filing
    35  of a petition under this article.
    36    (c)  "Fact-finding  hearing".  A  hearing  to  determine  whether  the
    37  respondent did the acts alleged to show that he or she violated a law or
    38  is [incorrigible,] ungovernable or habitually disobedient and beyond the
    39  control of his or her parents, guardian or legal custodian.
    40    §  2.  Paragraph  (i)  of subdivision (a) of section 732 of the family
    41  court act, as amended by section 9 of part G of chapter 58 of  the  laws
    42  of 2010, is amended to read as follows:
    43    (i)  the  respondent is an habitual truant or is [incorrigible,] ungo-
    44  vernable, or habitually disobedient and beyond the lawful control of his
    45  or her parents, guardian or lawful custodian, or has been the victim  of
    46  sexual  exploitation  as  defined  in  subdivision  one  of section four
    47  hundred forty-seven-a of the social services  law,  and  specifying  the
    48  acts  on  which  the  allegations  are based and the time and place they
    49  allegedly occurred. Where habitual truancy is alleged or the  petitioner
    50  is  a  school  district  or local educational agency, the petition shall
    51  also include the steps taken by the responsible school district or local
    52  educational agency to improve the school attendance  and/or  conduct  of
    53  the respondent;

        S. 2505                            39                            A. 3005

     1    § 3. Section 773 of the family court act, as amended by chapter 920 of
     2  the laws of 1982, is amended to read as follows:
     3    §  773. Petition for transfer [for incorrigibility].  Any institution,
     4  society or agency in which a  person  was  placed  under  section  seven
     5  hundred  fifty-six  of this article may petition to the court which made
     6  the order of placement for transfer of that person to a society or agen-
     7  cy, governed or controlled by persons of the  same  religious  faith  or
     8  persuasion as that of the child, where practicable, or, if not practica-
     9  ble,  to  some  other  suitable  institution,  or to some other suitable
    10  institution on the ground that [such person]
    11    (a) [is incorrigible and that his or her] the presence of such  person
    12  is  seriously  detrimental  to the welfare of the applicant institution,
    13  society, agency or other persons in its care, or
    14    (b) after placement by the court, such person was released  on  parole
    15  or  probation  from  such  institution,  society or agency and a term or
    16  condition of the release was willfully violated. The petition  shall  be
    17  verified  by  an officer of the applicant institution, society or agency
    18  and shall specify the act  or  acts  bringing  the  person  within  this
    19  section.
    20    § 4. Subdivision (h) of section 1012 of the family court act, as added
    21  by chapter 1015 of the laws of 1972, is amended to read as follows:
    22    (h)  "Impairment  of  emotional  health"  and "impairment of mental or
    23  emotional  condition"  includes  a  state  of  substantially  diminished
    24  psychological or intellectual functioning in relation to, but not limit-
    25  ed to, such factors as failure to thrive, control of aggressive or self-
    26  destructive  impulses,  ability  to  think  and reason, or acting out or
    27  misbehavior, [including incorrigibility,]  ungovernability  or  habitual
    28  truancy; provided, however, that such impairment must be clearly attrib-
    29  utable to the unwillingness or inability of the respondent to exercise a
    30  minimum degree of care toward the child.
    31    § 5. Section 4111 of the education law is amended to read as follows:
    32    § 4111. Arrest  of truants.  Any attendance officer may arrest without
    33  warrant anywhere within the state  any  Indian  child  between  six  and
    34  sixteen  years of age, found away from his home and who is then a truant
    35  from instruction upon which he is lawfully required to attend within the
    36  districts of which such attendance officer has jurisdiction.   He  shall
    37  forthwith  deliver  a child so arrested either to the person in parental
    38  relation to the child, or to the teacher of the school from  which  said
    39  child  is  then  a  truant,  or  in  case  of habitual [or incorrigible]
    40  truants, shall bring them before a magistrate for commitment to a school
    41  for delinquents, as provided in section forty-one hundred twelve of this
    42  article.
    43    § 6. Section 4707 of the education law is amended to read as follows:
    44    § 4707. Children admitted to such school.    Children  not  more  than
    45  eighteen nor less than eight years of age may be admitted to or received
    46  in such school, either (1) upon the application of the parents or guard-
    47  ians  having  the legal custody or control of such children, accompanied
    48  by the written consent of such parents or guardians, or (2) upon commit-
    49  ment thereto as truants [or incorrigible pupils as provided  in  section
    50  thirty-two  hundred  fourteen  of  this chapter,] or (3) upon commitment
    51  thereto as juvenile delinquents as provided by law, provided that  chil-
    52  dren convicted of crime shall not be committed to such school.  Children
    53  who  have no homes or who are without proper parental control or who are
    54  under improper guardianship may be sent to and received in such  school,
    55  in  the  same  manner  and  under the same authority as in case of other
    56  children who are improperly provided for at home.

        S. 2505                            40                            A. 3005

     1    § 7. Subdivision 2 of section 4807 of the education law is amended  to
     2  read as follows:
     3    2. Truants[, incorrigible pupils] or children coming within any of the
     4  descriptions  mentioned  in  section thirty-two hundred fourteen of this
     5  chapter upon commitment thereto either by the school authorities or by a
     6  court having jurisdiction thereof.
     7    § 8. Section 4809 of the education law, as amended by chapter  550  of
     8  the laws of 1978, is amended to read as follows:
     9    § 4809. Transfer  of  pupils.  The  board  of managers shall have full
    10  power to transfer to other institutions any child [committed by a  court
    11  found to be incorrigible, not amenable to proper discipline and training
    12  of  the  school,  or mentally retarded, in the manner and by the methods
    13  prescribed and set forth in the penal law] if a court grants a  petition
    14  for  transfer  pursuant  to  section  seven hundred seventy-three of the
    15  family court act.
    16    § 9. This act shall take effect immediately.

    17                                   PART I

    18    Section 1. Subdivision 1 of section  5-508  of  the  election  law  is
    19  amended by adding two new paragraphs (c) and (d) to read as follows:
    20    (c)  "Judge" means the same as such term is defined in section twenty-
    21  six of the general construction law,  provided  further  that  it  shall
    22  include individuals who have retired from such position.
    23    (d) "Immediate family of judge" means the persons legally married to a
    24  judge,  persons  formerly  married to a judge regardless of whether they
    25  still reside in the same household, the  parent,  child,  sibling  of  a
    26  judge,  and  any  other  person  who  regularly resides or has regularly
    27  resided in the same household as a judge.
    28    § 2. Subdivision 2 of section 5-508 of the election law, as amended by
    29  chapter 396 of the laws of 2017, is amended to read as follows:
    30    2. Upon application made to the supreme court, county court, or family
    31  court, in the county wherein a victim of domestic  violence,  judge,  or
    32  the immediate family of a judge, is registered pursuant to this article,
    33  the court may issue an order requiring that any registration record kept
    34  or maintained in accordance with this article and any other records with
    35  respect to such an individual be kept separate and apart from other such
    36  records  and  not  be  made  available  for inspection or copying by the
    37  public or any other person, except election officials acting within  the
    38  course  and  scope  of  their  official duties and only as pertinent and
    39  necessary in connection therewith.
    40    § 3. Section 5-508 of the election law is  amended  by  adding  a  new
    41  subdivision 3 to read as follows:
    42    3.  Any  person  who  qualifies  for  confidentiality  of registration
    43  records pursuant to the provisions of this section may also  omit  their
    44  home  address  from public display where it is otherwise required by the
    45  provisions of this chapter by writing "OMITTED" in its place and,  where
    46  required, notifying the county board of elections.
    47    §  4.  This  act shall take effect on the ninetieth day after it shall
    48  have become a law.

    49                                   PART J

    50    Section 1. Subdivision 1 of section 182.20 of the  criminal  procedure
    51  law,  as  amended by chapter 332 of the laws of 2009, is amended to read
    52  as follows:

        S. 2505                            41                            A. 3005

     1    1. Notwithstanding any other provision of law and except  as  provided
     2  in  section  182.30  of  this article, the court, in its discretion, may
     3  dispense with the  personal  appearance  of  the  defendant,  except  an
     4  appearance  at  a hearing or trial, and conduct an electronic appearance
     5  in  connection with a criminal action pending in [Albany, Bronx, Broome,
     6  Erie, Kings, New  York,  Niagara,  Oneida,  Onondaga,  Ontario,  Orange,
     7  Putnam,  Queens, Richmond, St. Lawrence, Tompkins, Chautauqua, Cattarau-
     8  gus,  Clinton,  Essex,  Montgomery,  Rensselaer,  Warren,   Westchester,
     9  Suffolk,  Herkimer  or  Franklin]  any  county,  provided that the chief
    10  administrator of the courts has authorized the use of electronic appear-
    11  ance and the defendant, after consultation with counsel, consents on the
    12  record. Such consent shall be required at the commencement of each elec-
    13  tronic appearance to such electronic appearance.
    14    § 2. This act shall take effect immediately, provided,  however,  that
    15  the amendments to subdivision 1 of section 182.20 of the criminal proce-
    16  dure  law made by section one of this act shall not affect the repeal of
    17  such section and shall be deemed repealed therewith.

    18                                   PART K

    19    Section 1. Short title. This act shall be known and may  be  cited  as
    20  the "New York state professional policing act of 2021".
    21    §  2.  Legislative findings and declaration.  It is hereby declared to
    22  be the policy of this state to promote professional police services  and
    23  to  ensure  that persons appointed to the position of police officer are
    24  held to standards that will ensure  that  their  interactions  with  all
    25  individuals  are  appropriate  and ensure that the rights of all parties
    26  are respected. Law enforcement agencies and  the  police  officers  they
    27  employ  interact  with  many  persons, including individuals who are not
    28  residents of their jurisdiction. Ensuring that all New York law enforce-
    29  ment agencies and police officers are held  to  a  similar  professional
    30  standard is a matter of substantial state concern.
    31    §  3.  Subdivision 1-a of section 53 of the executive law, as added by
    32  chapter 104 of the laws of 2020, is amended to read as follows:
    33    1-a. receive and investigate complaints from any source, or  upon  his
    34  or  her own initiative, concerning allegations of corruption, fraud, use
    35  of excessive force, criminal activity, conflicts of interest or abuse by
    36  any police officer in a covered agency and promptly inform the  division
    37  of  criminal  justice  services, in the form and manner as prescribed by
    38  the division, of such allegations and  the  progress  of  investigations
    39  related  thereto. Nothing in this subdivision shall require the division
    40  of criminal justice services to take action or prevent the  division  of
    41  criminal  justice  from taking action authorized pursuant to subdivision
    42  four of section eight hundred forty-five of this chapter in the time and
    43  manner determined by  the  commissioner  of  the  division  of  criminal
    44  justice services.
    45    §  4.  Subdivision  3 of section 75 of the executive law is amended by
    46  adding a new paragraph (b-1) to read as follows:
    47    (b-1) promptly inform the division of criminal  justice  services,  in
    48  the  form and manner prescribed by the division, of such allegations and
    49  the progress of investigations related thereto. Nothing  in  this  para-
    50  graph  shall  require  the division of criminal justice services to take
    51  action or prevent the division of criminal justice  from  taking  action
    52  authorized  pursuant to subdivision four of section eight hundred forty-
    53  five of this chapter in the time and manner determined  by  the  commis-
    54  sioner of the division of criminal justice services;

        S. 2505                            42                            A. 3005

     1    §  5.  Paragraph  (c)  of subdivision 5 of section 75 of the executive
     2  law, as added by chapter 104 of the laws of 2020, is amended to read  as
     3  follows:
     4    (c)  The  head  of  any  covered agency shall advise the governor, the
     5  temporary president of the senate, the  speaker  of  the  assembly,  the
     6  minority leader of the senate [and], the minority leader of the assembly
     7  and  the division of criminal justice services within ninety days of the
     8  issuance of a report by the  law  enforcement  misconduct  investigative
     9  office  as  to the remedial action that the agency has taken in response
    10  to any recommendation for such action contained in such report.
    11    § 6.  Subdivision 4 of section 837 of the executive law is amended  by
    12  adding a new paragraph (e-1) to read as follows:
    13    (e-1)  Collect demographic data with respect to persons appointed as a
    14  police officer, including but not limited to racial and  gender  charac-
    15  teristics; and
    16    §  7. Subdivisions 1 and 5 of section 839 of the executive law, subdi-
    17  vision 1 as added by chapter 399 of the laws of 1972, subdivision  5  as
    18  amended  by  chapter  459 of the laws of 1975 and such section as renum-
    19  bered by chapter 603 of the  laws  of  1973,  are  amended  to  read  as
    20  follows:
    21    1.  There  is  hereby  created  within the division a municipal police
    22  training council composed of [eight] ten members, who shall be  selected
    23  as follows:
    24    (a)  [three]  one  shall  be  appointed by the governor who shall be a
    25  full-time faculty member of a college or university who teaches  in  the
    26  area of criminal justice or police science;
    27    (b)  [two]  one  shall  be appointed by the governor from a list of at
    28  least [six] three nominees submitted by the  New  York  state  sheriffs'
    29  association,  who  shall  be  incumbent  sheriffs in the state having at
    30  least two years of service on the law enforcement training committee  of
    31  such  association  or  having other specialized experience in connection
    32  with police training which, in the opinion of the chairman of  such  law
    33  enforcement  training  committee,  provides the sheriff with at least an
    34  equivalent background in the field of police training; and
    35    (c) [two] one shall be appointed by the governor from  a  list  of  at
    36  least  [six]  three nominees submitted by the New York state association
    37  of chiefs of police, who shall be incumbent chiefs of police or  commis-
    38  sioners  of  police  of  a municipality in the state having at least two
    39  years of service on the police training committee of such association or
    40  having other specialized experience in connection with  police  training
    41  which,  in  the  opinion  of  the  chairman  of such training committee,
    42  provides the chief of police or commissioner of police with at least  an
    43  equivalent background in the field of police training; and
    44    (d) one shall be the commissioner of police of the city of New York or
    45  a member of his department, designated by such commissioner and approved
    46  by the governor[.]; and
    47    (e) one shall be the superintendent of the state police; and
    48    (f)  one  shall be appointed by the governor who shall be an incumbent
    49  chief of police or commissioner of police from  a  municipality  in  the
    50  state with a police department consisting of more than one hundred offi-
    51  cers; and
    52    (g)  one  shall be appointed by the governor who shall be an incumbent
    53  sheriff in the state from an agency with more than  one  hundred  deputy
    54  sheriffs; and
    55    (h)  one  shall  be appointed by the governor who shall be a represen-
    56  tative of victims of crime; and

        S. 2505                            43                            A. 3005

     1    (i) one shall be appointed by the governor who shall  be  a  represen-
     2  tative from a community with high numbers of police and community inter-
     3  actions; and
     4    (j)  one  shall be appointed by the governor who shall be an incumbent
     5  executive from a peace officer employing agency or municipality.
     6    5. The council shall meet at least four times in  each  year.  Special
     7  meetings may be called by the chairman and shall be called by him at the
     8  request  of  the  governor  or  upon  the  written request of [five] six
     9  members of the council.  The council may establish its own  requirements
    10  as  to  quorum and its own procedures with respect to the conduct of its
    11  meetings and other affairs; provided, however, that all  recommendations
    12  made  by  the  council  to  the  governor pursuant to subdivision one of
    13  section eight hundred forty of this chapter shall require  the  affirma-
    14  tive vote of [five] six members of the council.
    15    §  8.  Paragraph  (h) of subdivision 1 of section 840 of the executive
    16  law is REPEALED.
    17    § 9. Subdivision 2 of section 840 of the executive law, as amended  by
    18  chapter 66 of the laws of 1973, is amended to read as follows:
    19    2. The council shall promulgate, and may from time to time amend, such
    20  rules and regulations prescribing height, weight [and], physical fitness
    21  and  psychological  requirements  for  eligibility of persons for provi-
    22  sional or permanent appointment in the competitive class  of  the  civil
    23  service  as police officers of any county, city, town, village or police
    24  district as it deems necessary and proper for the efficient  performance
    25  of police duties.
    26    §  10.  Section  840  of  the executive law is amended by adding a new
    27  subdivision 2-b to read as follows:
    28    2-b. The council shall promulgate, and may from time  to  time  amend,
    29  such  rules  and  regulations  prescribing background investigations for
    30  eligibility of persons for provisional or permanent appointment  in  the
    31  competitive class of the civil service as police officers of any county,
    32  city,  town, village or police district as it deems necessary and proper
    33  for the efficient performance of police duties, which requirements shall
    34  be incorporated by the law enforcement accreditation council as part  of
    35  the mandatory accreditation pursuant to this chapter.
    36    §  11.  Subdivision 4 of section 845 of the executive law, as added by
    37  chapter 491 of the laws of 2010, is amended to read as follows:
    38    4. Upon the failure or refusal to  comply  with  the  requirements  of
    39  subdivision  two  of  this  section,  [the commissioner may apply to the
    40  supreme court for an order directed to the person responsible  requiring
    41  compliance.  Upon such application the court may issue such order as may
    42  be just, and a failure to comply with the order of the court shall be  a
    43  contempt of court and punishable as such] or upon information indicating
    44  that  a report made pursuant to subdivision two of this section does not
    45  accurately reflect the circumstances pertaining to an  officer  who  has
    46  ceased  to  serve,  the  commissioner may update the central registry of
    47  police and peace officers to accurately reflect the information required
    48  by subdivision two of this section. The commissioner may consider  reli-
    49  able  hearsay  evidence  in making a determination to update the central
    50  registry of police and peace officers. An agency responsible for compli-
    51  ance with subdivision two of this section or an individual  affected  by
    52  such  reporting,  may  apply  to  a court, pursuant to the provisions of
    53  article seventy-eight of the  civil  practice  law  and  rules,  upon  a
    54  dispute  concerning  the  accuracy  of the information maintained on the
    55  central registry of police and peace officers.

        S. 2505                            44                            A. 3005

     1    § 12. Paragraph (c) of subdivision 1 of section 846-h of the executive
     2  law, as added by chapter 521 of the laws of 1988,  is  amended  and  new
     3  paragraph (d) is added to read as follows:
     4    (c)  The  council  shall  recommend rules and regulations establishing
     5  [an] a voluntary accreditation process that encourages and provides  law
     6  enforcement  agencies  with  a voluntary opportunity to demonstrate that
     7  they meet the model standards developed by  the  council.  The  accredi-
     8  tation  process  shall provide that applications for accreditation shall
     9  be submitted by the chief law  enforcement  officer  of  the  agency  so
    10  applying  only  upon  the  approval  of the chief elected officer, or if
    11  there is no chief elected officer, by the  local  governing  body.  Such
    12  model  standards  and  rules and regulations shall be transmitted to the
    13  temporary president of the senate, the speaker of  the  assembly,  every
    14  law  enforcement  agency, mayor and appropriate town and county official
    15  in the state on or before April first, nineteen hundred eighty-nine. The
    16  rules and regulations in final form shall be transmitted to the governor
    17  on or after June first, nineteen hundred eighty-nine and shall be effec-
    18  tive following their approval by the governor. Accreditation  of  hiring
    19  practices  only  shall,  however,    be mandatory for agencies employing
    20  police officers defined in paragraphs (b), (c), (d), (e), (f), (j), (k),
    21  (l), (o), (p), (s) and (u) of subdivision thirty-four of section 1.20 of
    22  the criminal procedure law only after the council promulgates rules  and
    23  regulations  solely for the purpose of ensuring hiring practices protect
    24  the integrity  of  the  department  which  may  promulgate  requirements
    25  related to hiring, background checks, verification of good moral charac-
    26  ter and the reporting of misconduct to the division.
    27    (d)  The council may revoke, or withhold the granting of, the accredi-
    28  tation status of an agency for failure to adhere to  mandatory  accredi-
    29  tation standards listed in paragraph (c) of this subdivision, or for any
    30  agency  that has voluntarily adopted additional accreditation standards,
    31  such accreditation may be revoked  as to such agency for such standards.
    32    § 13. Subdivisions 2, 4 and 5 of section 846-h of the  executive  law,
    33  as  added  by  chapter  521  of the laws of 1988, are amended to read as
    34  follows:
    35    2. (a) The law enforcement agency accreditation council shall  consist
    36  of:
    37    (i) [Three] Two incumbent sheriffs of the state;
    38    (ii) [Three] Two incumbent chiefs of police;
    39    (iii) One incumbent deputy sheriff;
    40    (iv) One incumbent police officer;
    41    (v) The superintendent of state police;
    42    (vi) The commissioner of police of the city of New York;
    43    (vii) One incumbent chief executive officer of a county of the state;
    44    (viii) One incumbent mayor of a city or village of the state;
    45    (ix) One incumbent chief executive officer of a town of the state;
    46    (x)  One  member of a statewide labor organization representing police
    47  officers as that term is defined in subdivision thirty-four  of  section
    48  1.20 of the criminal procedure law;
    49    (xi)  One  full-time  faculty  member  of  a college or university who
    50  teaches in the area of criminal justice or police science; [and]
    51    (xii) Two members appointed pursuant to subparagraph (ix) of paragraph
    52  (c) of this subdivision.
    53    (xiii) One incumbent chief of police or commissioner of police from  a
    54  municipality  in  the  state with a police department consisting of more
    55  than one hundred officers;

        S. 2505                            45                            A. 3005

     1    (xiv) One incumbent sheriff in the state from an agency with more than
     2  one hundred deputy sheriffs;
     3    (xv) One representative of victims of crime; and
     4    (xvi)  One representative from a community with high numbers of police
     5  an community interactions.
     6    (b) With the exception of the superintendent of state police  and  the
     7  commissioner of police of the city of New York, each member of the coun-
     8  cil  shall  be  appointed by the governor to serve a [two year] two-year
     9  term. Any member appointed by the governor may be reappointed for  addi-
    10  tional terms.
    11    (c) The governor shall make appointments to the council as follows:
    12    (i)  Each  member  who  is  an incumbent sheriff of the state shall be
    13  chosen from a list of two eligible persons submitted  by  the  New  York
    14  state sheriffs' association;
    15    (ii)  Each  member who is an incumbent chief of police shall be chosen
    16  from a list of two eligible persons submitted  by  the  New  York  state
    17  association of chiefs of police;
    18    (iii)  The  member  who is an incumbent deputy sheriff shall be chosen
    19  from a list of two eligible persons submitted jointly by  the  New  York
    20  state  sheriffs'  association  and  the  New York state deputy sheriffs'
    21  association, inc.;
    22    (iv) The member who is an incumbent police  officer  shall  be  chosen
    23  from  a  list  of two eligible persons submitted jointly by the New York
    24  state association of chiefs of police and a statewide labor organization
    25  representing police officers as that  term  is  defined  in  subdivision
    26  thirty-four of section 1.20 of the criminal procedure law;
    27    (v) The member who is an incumbent chief executive officer of a county
    28  of the state shall be chosen from a list of two eligible persons submit-
    29  ted by the New York state association of counties;
    30    (vi)  The member who is an incumbent mayor of a city or village of the
    31  state shall be chosen from a list of two eligible persons  submitted  by
    32  the New York state conference of mayors;
    33    (vii) The member who is an incumbent chief executive officer of a town
    34  of the state shall be chosen from a list of two eligible persons submit-
    35  ted by the association of towns of the state of New York;
    36    (viii) The governor may appoint any eligible person to be a member who
    37  is  an  active  member  of  a  statewide labor organization representing
    38  police officers; and
    39    (ix) The temporary president of the senate  and  the  speaker  of  the
    40  assembly  shall  each  nominate  one  member as provided in subparagraph
    41  (xii) of paragraph (a) of this subdivision.
    42    (d) In making such appointments, the governor shall select individuals
    43  from municipalities that are representative, to the extent possible,  of
    44  the  varying  sizes  of  communities and law enforcement agencies in the
    45  state.
    46    (e) Any member chosen to fill a vacancy, including a  vacancy  in  the
    47  chairperson,  created  otherwise  than  by  expiration  of term shall be
    48  appointed by the governor for the unexpired term of the member he is  to
    49  succeed.  Any  such  vacancy  shall  be filled in the same manner as the
    50  original appointment.
    51    (f) Any member who shall cease to hold the  position  which  qualified
    52  him for such appointment shall cease to be a member of the council.
    53    4.  The governor shall designate from among the members of the council
    54  a chairperson who shall serve at the pleasure of the governor.  During a
    55  vacancy of the chairperson the commissioner of the division of  criminal
    56  justice services shall serve as the temporary chairperson.

        S. 2505                            46                            A. 3005

     1    5.  The  law  enforcement  agency  accreditation council shall meet at
     2  least four times in a year. Special meetings may be called by the chair-
     3  person and shall be called by him at the request of the governor or upon
     4  the written request of [nine] ten members of the  council.  The  council
     5  may  establish  its  own quorum rules and procedures with respect to the
     6  conduct of its meetings and other affairs  not  inconsistent  with  law;
     7  provided,  however,  that all recommendations made by the council to the
     8  governor as provided in paragraph (c) of subdivision one of this section
     9  shall require the affirmative vote of ten members of the council.
    10    § 14. Paragraphs (b), (c), (d), (e), (f), (j), (k), (l), (o), (p), (s)
    11  and (u) of subdivision 34 of section 1.20 of the criminal procedure law,
    12  paragraph (e) as amended by chapter 662 of the laws of  1972,  paragraph
    13  (f)  as  amended  by  chapter  22  of the laws of 1974, paragraph (j) as
    14  amended by chapter 858 of the laws of 1972, paragraph (k) as  separately
    15  amended  by  chapters  282 and 877 of the laws of 1974, paragraph (l) as
    16  added by chapter 282 of the laws of 1974, paragraph (o)  as  amended  by
    17  chapter 599 of the laws of 2000, paragraph (p) as amended by chapter 476
    18  of  the  laws of 2018, paragraph (s) as added by chapter 424 of the laws
    19  of 1998 and paragraph (u) as added by chapter 558 of the laws  of  2005,
    20  are amended to read as follows:
    21    (b)  Sheriffs,  under-sheriffs and deputy sheriffs of counties outside
    22  of New York City where such department meets the mandatory accreditation
    23  requirements pursuant to section eight hundred forty-six-h of the execu-
    24  tive law;
    25    (c) A sworn officer of an authorized county or county  parkway  police
    26  department  where  such  department  meets  the  mandatory accreditation
    27  requirements pursuant to section eight hundred forty-six-h of the execu-
    28  tive law;
    29    (d) A sworn officer of an authorized police department or force  of  a
    30  city,  town,  village  or police district where such department or force
    31  meets the mandatory accreditation requirements pursuant to section eight
    32  hundred forty-six-h of the executive law;
    33    (e) A sworn officer of an authorized police department of an authority
    34  or a sworn officer of the state regional park police in  the  office  of
    35  parks  and recreation where such department or force meets the mandatory
    36  accreditation requirements pursuant to section eight hundred forty-six-h
    37  of the executive law;
    38    (f) A sworn officer of the capital  police  force  of  the  office  of
    39  general  services  where  such  force  meets the mandatory accreditation
    40  requirements pursuant to section eight hundred forty-six-h of the execu-
    41  tive law;
    42    (j) A sworn officer of the division of law enforcement in the  depart-
    43  ment  of environmental conservation where such division meets the manda-
    44  tory  accreditation  requirements  pursuant  to  section  eight  hundred
    45  forty-six-h of the executive law;
    46    (k) A sworn officer of a police force of a public authority created by
    47  an interstate compact where such force meets the mandatory accreditation
    48  requirements pursuant to section eight hundred forty-six-h of the execu-
    49  tive law;
    50    (l)  Long  Island  railroad  police[.]  where such department or force
    51  meets the mandatory accreditation requirements pursuant to section eight
    52  hundred forty-six-h of the executive law;
    53    (o) A sworn officer of the water-supply police employed by the city of
    54  New York, appointed to protect the sources, works, and  transmission  of
    55  water  supplied to the city of New York, and to protect persons on or in
    56  the vicinity of such water sources,  works,  and  transmission[.]  where

        S. 2505                            47                            A. 3005

     1  such  department or force meets the mandatory accreditation requirements
     2  pursuant to section eight hundred forty-six-h of the executive law;
     3    (p)  Persons appointed as railroad police officers pursuant to section
     4  eighty-eight of the railroad law[.] where such department or force meets
     5  the mandatory  accreditation  requirements  pursuant  to  section  eight
     6  hundred forty-six-h of the executive law;
     7    (s)  A  university  police  officer  appointed by the state university
     8  pursuant to paragraph 1 of subdivision  two  of  section  three  hundred
     9  fifty-five  of the education law[.] where such department or force meets
    10  the mandatory  accreditation  requirements  pursuant  to  section  eight
    11  hundred forty-six-h of the executive law;
    12    (u)  Persons  appointed  as Indian police officers pursuant to section
    13  one hundred fourteen of the Indian law[.] where such department or force
    14  meets the mandatory accreditation requirements pursuant to section eight
    15  hundred forty-six-h of the executive law;
    16    § 15. The opening paragraph of paragraph  (b)  and  paragraph  (c)  of
    17  subdivision  1  and paragraph a of subdivision 2 of section 209-q of the
    18  general municipal law, the opening paragraph of paragraph (b) and  para-
    19  graph (c) of subdivision 1 as amended by chapter 551 of the laws of 2001
    20  and  paragraph  a of subdivision 2 as amended by chapter 435 of the laws
    21  of 1997, are amended to read as follows:
    22    [A] Unless otherwise determined by the commissioner of the division of
    23  criminal justice  services,  a  certificate  attesting  to  satisfactory
    24  completion  of  an  approved  municipal  police  basic  training program
    25  awarded by the executive director of the municipal police training coun-
    26  cil pursuant to this subdivision shall remain valid:
    27    (c) As used in this subdivision, the term "interruption" shall mean  a
    28  period  of separation from employment as a police officer or peace offi-
    29  cer who has an equivalency certificate for police officer training or an
    30  approved course for state university of New York public safety  officers
    31  issued  in  accordance  with  subdivision three of section eight hundred
    32  forty-one of the executive law, by reason of  such  officer's  leave  of
    33  absence,  resignation or removal, other than removal for cause where the
    34  certificate is permanently invalid.
    35    a. The term "police officer", as used in this section,  shall  mean  a
    36  [member  of  a police force or other organization of a municipality or a
    37  detective or rackets investigator employed by the office of the district
    38  attorney in any county located in a city of one million or more  persons
    39  who  is  responsible  for  the  prevention or detection of crime and the
    40  enforcement of the general criminal laws of the  state,  but  shall  not
    41  include any person serving as such solely by virtue of his occupying any
    42  other  office  or  position,  nor  shall  such term include a sheriff or
    43  under-sheriff, the sheriff or deputy sheriff of the city  of  New  York,
    44  commissioner  of  police,  deputy  or  assistant commissioner of police,
    45  chief of police, deputy or assistant  chief  of  police  or  any  person
    46  having  an  equivalent  title  who is appointed or employed by a county,
    47  city, town, village or police district to exercise equivalent superviso-
    48  ry authority] person defined as a police officer pursuant to subdivision
    49  thirty-four of section  1.20  of  the  criminal  procedure  law  who  is
    50  appointed  or  employed  by  a  county,  city,  town,  village or police
    51  district.
    52    § 16. Paragraph (a-1) of subdivision 4 of section 1279 of  the  public
    53  authorities law, as added by chapter 104 of the laws of 2020, is amended
    54  to read as follows:
    55    (a-1)  to  receive and investigate complaints from any source, or upon
    56  his or her own initiative, concerning allegations of corruption,  fraud,

        S. 2505                            48                            A. 3005

     1  use  of  excessive  force,  criminal  activity, conflicts of interest or
     2  abuse by any police officer under the jurisdiction of the office of  the
     3  metropolitan  transportation  authority and promptly inform the division
     4  of  criminal  justice  services, in the form and manner as prescribed by
     5  the division, of such allegations and  the  progress  of  investigations
     6  related thereto. Nothing in this paragraph shall require the division of
     7  criminal  justice  services  to  take  action or prevent the division of
     8  criminal justice services from  taking  action  authorized  pursuant  to
     9  subdivision  four  of  section eight hundred forty-five of the executive
    10  law in the time and manner determined by the commissioner of  the  divi-
    11  sion of criminal justice services.
    12    §  17.  Paragraphs  (c)  and (d) of subdivision 1 of section 58 of the
    13  civil service law, as amended by chapter 244 of the laws  of  2013,  are
    14  amended to read as follows:
    15    (c) he or she satisfies the height, weight [and], physical and psycho-
    16  logical fitness requirements prescribed by the municipal police training
    17  council pursuant to the provisions of section eight hundred forty of the
    18  executive law; and
    19    (d) he or she is of good moral character as determined by a background
    20  investigation  standard  promulgated  by  the  municipal police training
    21  council pursuant to the provisions of section eight hundred forty of the
    22  executive law or  pursuant  to  the  mandatory  accreditation  standards
    23  pursuant to section eight hundred forty-six-h of the executive law.
    24    § 18. Subdivision 5 of section 58 of the civil service law is REPEALED
    25  and subdivision 6 is renumbered subdivision 5.
    26    §  19.  This  act  shall  take effect on the one hundred eightieth day
    27  after it shall have become a law; provided  however  the  amendments  to
    28  paragraph  (c)  of  subdivision  1 of section 846-h of the executive law
    29  made by section twelve of this act and the amendments to subdivision  34
    30  of  section  1.20 of the criminal procedure law made by section fourteen
    31  of this act pertaining to the required accreditation of police  agencies
    32  shall  take  effect  three years after such effective date; and provided
    33  further that if chapter 104 of the laws of 2020  shall  not  have  taken
    34  effect  on  or  before  such  date  then  sections three, four, five and
    35  sixteen of this act shall take effect on the same date and in  the  same
    36  manner as such chapter of the laws of 2020, takes effect.

    37                                   PART L

    38    Section  1. Section 63 of the executive law is amended by adding a new
    39  subdivision 17 to read as follows:
    40    17. (a) Any local government entity which has a police agency  operat-
    41  ing  with  police officers as defined under section 1.20 of the criminal
    42  procedure law that fails to transmit to the director of the division  of
    43  the  budget  the  certification  required  by executive order number two
    44  hundred three issued on June twelfth, two  thousand  twenty  and  titled
    45  "New  York  State  Police  Reform  and  Reinvention Collaborative" on or
    46  before April first, two thousand twenty-one shall, upon request  of  the
    47  governor  or  the director of the division of the budget, be required to
    48  install a monitor, to oversee operations of such  police  agency,  until
    49  such  time  that the required certification is submitted to the director
    50  of the division of the budget. Such monitor shall be  appointed  by  the
    51  attorney  general,  in consultation with the governor, at the expense of
    52  the police agency or responsible  local  government.  The  certification
    53  filed  with  the director of the division of the budget must affirm that
    54  such local government has complied with the process set forth in  execu-

        S. 2505                            49                            A. 3005

     1  tive  order  number  two hundred three by adopting a local law or resol-
     2  ution that includes its plan to adopt and implement the  recommendations
     3  resulting from its review and consultation with the community to improve
     4  such  police  force  deployments,  strategies, policies, procedures, and
     5  practices for the purposes of addressing the  particular  needs  of  the
     6  communities  served  by such police agency and promote community engage-
     7  ment to foster trust, fairness,  and  legitimacy,  and  to  address  any
     8  racial bias and disproportionate policing of communities of color.
     9    (b)  The  appointment  of a monitor, pursuant to paragraph (a) of this
    10  subdivision, shall be imposed in addition to any withholding  of  appro-
    11  priated  state  funds  by  the director of the division of the budget in
    12  accordance with the authority granted in any appropriations bill enacted
    13  for such fiscal years in which such  withholding  of  funds  occurs,  as
    14  directed by executive order number two hundred three.
    15    § 2. This act shall take effect immediately.

    16                                   PART M

    17    Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
    18  the  correction  law,  the  governor is authorized to close correctional
    19  facilities of the department of corrections and  community  supervision,
    20  as  he  determines  to be necessary for the cost-effective and efficient
    21  operation  of  the  correctional  system,  provided  that  the  governor
    22  provides  at  least  90  days'  notice prior to any such closures to the
    23  temporary president of the senate and the speaker of the assembly.
    24    § 2. This act shall take effect immediately and  shall  be  deemed  to
    25  have  been in full force and effect on and after April 1, 2021 and shall
    26  expire and be deemed repealed March 31, 2023.

    27                                   PART N

    28    Section 1.  Section 265.17 of the penal law, as amended by  chapter  1
    29  of the laws of 2013, is amended to read as follows:
    30  § 265.17 Criminal purchase or disposal of a weapon.
    31    A person is guilty of criminal purchase or disposal of a weapon when:
    32    1.  Knowing  that  he  or  she  is prohibited by law from possessing a
    33  firearm, rifle or shotgun because of a prior conviction  or  because  of
    34  some  other  disability  which  would  render  him  or her ineligible to
    35  lawfully possess a firearm, rifle or shotgun in this state, or he or she
    36  being the subject of an outstanding warrant of arrest  issued  upon  the
    37  alleged commission of a felony or serious offense, such person purchases
    38  or  otherwise  acquires a firearm, rifle or shotgun from another person;
    39  or
    40    2. Knowing that it would be unlawful for another person to  possess  a
    41  firearm, rifle or shotgun, or knowing that another person is the subject
    42  of  an  outstanding warrant of arrest issued upon the alleged commission
    43  of a felony or  serious  offense,  he  or  she  purchases  or  otherwise
    44  acquires  a  firearm, rifle or shotgun for, on behalf of, or for the use
    45  of such other person; or
    46    3. Knowing that another person is prohibited by law from possessing  a
    47  firearm,  rifle  or  shotgun because of a prior conviction or because of
    48  some other disability which  would  render  him  or  her  ineligible  to
    49  lawfully  possess  a firearm, rifle or shotgun in this state, or knowing
    50  that another person is the subject of an outstanding warrant  of  arrest
    51  issued  upon  the  alleged  commission of a felony or serious offense, a
    52  person disposes of a firearm, rifle or shotgun to such other person.

        S. 2505                            50                            A. 3005

     1    Criminal purchase or disposal of a weapon is a class D felony.
     2    § 2. This act shall take effect July 1, 2021.

     3                                   PART O

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

        S. 2505                            51                            A. 3005

     1  national integrated ballistic information network data entry and  corre-
     2  lation  to be test-fired as soon as practicable, and the results of such
     3  test-firing shall be submitted  forthwith  to  the  national  integrated
     4  ballistic  information  network to determine whether such gun is associ-
     5  ated or related to a crime, criminal event, or any individual associated
     6  or related to a crime or criminal event or  reasonably  believed  to  be
     7  associated or related to a crime or criminal event.
     8    (b)  Whenever a state or local law enforcement agency seizes or recov-
     9  ers any ammunition cartridge case from the scene of a crime that is of a
    10  type that is eligible  for  national  integrated  ballistic  information
    11  network  data  entry and correlation, or otherwise has reason to believe
    12  that any seized or recovered ammunition cartridge case that is of a type
    13  that is eligible for national integrated ballistic  information  network
    14  data  entry and correlation is related to or associated with the commis-
    15  sion of a crime or the unlawful discharge of a gun, such  agency  shall,
    16  as  soon  as  practicable,  arrange for the ballistics information to be
    17  submitted to the national integrated ballistic information network.
    18    7. Whenever a state or local law enforcement agency seizes or recovers
    19  any gun, such agency shall promptly enter the make, model, caliber,  and
    20  serial  number  of  such  gun into the national crime information center
    21  system to determine whether such gun was reported stolen.
    22    8. The superintendent may adopt rules and  regulations  to  effectuate
    23  the provisions of this section.
    24    § 2. This act shall take effect July 1, 2021.
    25                                   PART P

    26    Section  1. Section 5 of chapter 268 of the laws of 1996, amending the
    27  education law and the state finance law relating to providing a recruit-
    28  ment incentive and retention program for certain active members  of  the
    29  New  York army national guard, New York air national guard, and New York
    30  naval militia, as amended by section 1 of part E of chapter  57  of  the
    31  laws of 2016, is amended to read as follows:
    32    §  5.  This act shall take effect January 1, 1997 and shall expire and
    33  be deemed repealed September 1, [2021] 2026; provided  that  any  person
    34  who  has  begun to receive the benefits of this act prior to its expira-
    35  tion and repeal shall be entitled to continue to receive the benefits of
    36  this act after its expiration and repeal until completion of a baccalau-
    37  reate degree or cessation of  status  as  an  active  member,  whichever
    38  occurs first.
    39    § 2. This act shall take effect immediately.

    40                                   PART Q

    41    Section  1.  Paragraph  (d)  of  subdivision 2 of section 8-400 of the
    42  election law, as separately amended by chapters 97 and 104 of  the  laws
    43  of 2010, is amended to read as follows:
    44    (d)  The  board  of  elections  shall mail an absentee ballot to every
    45  qualified voter otherwise eligible for such a ballot, who requests  such
    46  an  absentee ballot from such board of elections in writing in a letter,
    47  telefax indicating the address, phone number and the telefax number from
    48  which the writing is sent or other written instrument, which  is  signed
    49  by the voter and received by the board of elections not earlier than the
    50  [thirtieth]  forty-fifth  day  nor later than the seventh day before the
    51  election for which the ballot is first requested and  which  states  the
    52  address  where  the  voter  is  registered  and the address to which the
    53  ballot is to be mailed; provided, however, a military voter may  request

        S. 2505                            52                            A. 3005

     1  a  military  ballot  or  voter  registration  application or an absentee
     2  ballot application in a letter  as  provided  in  subdivision  three  of
     3  section  10-106 of this chapter; and provided further, a special federal
     4  voter  may request a special federal ballot or voter registration appli-
     5  cation or an absentee ballot application in  a  letter  as  provided  in
     6  paragraph  d  of  subdivision one of section 11-202 of this chapter. The
     7  board of elections shall enclose with such ballot a form of  application
     8  for  absentee  ballot  if the applicant is registered with such board of
     9  elections.
    10    § 2. This act shall take effect immediately.

    11                                   PART R

    12    Section 1. Section 8-406 of the election law, as  amended  by  chapter
    13  296 of the laws of 1988, is amended to read as follows:
    14    §  8-406.  Absentee ballots, delivery of. If the board shall find that
    15  the applicant is a qualified voter of the election  district  containing
    16  [his]  the  applicant's  residence  as  stated  in [his] the applicant's
    17  statement and that [his] the applicant's  statement  is  sufficient,  it
    18  shall,  as  soon as practicable after it shall have determined [his] the
    19  applicant's right thereto, and within four business  days  of  receiving
    20  the  application,  or,  where  the  application was received between the
    21  tenth day and not later than the seventh day before the election, within
    22  twenty-four hours, mail to [him] the applicant at an address  designated
    23  by  [him]  the  applicant,  or deliver to [him] the applicant, or to any
    24  person designated for such purpose in writing by [him] the applicant, at
    25  the office of the board, such an  absentee  voter's  ballot  or  set  of
    26  ballots  and  an  envelope  therefor. If the ballot or ballots are to be
    27  sent outside of the United States to a  country  other  than  Canada  or
    28  Mexico, such ballot or ballots shall be sent by air mail. However, if an
    29  applicant  who  is  eligible  for  an absentee ballot is a resident of a
    30  facility operated or licensed by, or  under  the  jurisdiction  of,  the
    31  department  of  mental hygiene, or a resident of a facility defined as a
    32  nursing home or residential health care facility  pursuant  to  subdivi-
    33  sions  two  and  three  of section two thousand eight hundred one of the
    34  public health law, or a resident of a hospital or other  facility  oper-
    35  ated by the Veteran's Administration of the United States, such absentee
    36  ballot need not be so mailed or delivered to any such applicant but, may
    37  be  delivered  to the voter in the manner prescribed by section 8-407 of
    38  this [chapter] title if such facility is located in the county  or  city
    39  in which such voter is eligible to vote.
    40    § 2. This act shall take effect immediately.

    41                                   PART S

    42    Section  1.  Paragraphs  (a),  (b) and (c) of subdivision 4 of section
    43  8-600 of the election law, as added by chapter 6 of the  laws  of  2019,
    44  are amended to read as follows:
    45    (a)  Polls  shall  be  open  for early voting for at least eight hours
    46  between seven o'clock in the morning and [eight]  nine  o'clock  in  the
    47  evening each week day during the early voting period.
    48    (b)  At  least  one  polling  place for early voting shall remain open
    49  until [eight] nine o'clock in the evening on at least [two]  three  week
    50  days  in  each  calendar week during the early voting period. If polling
    51  places for early voting are limited to voters from certain areas  pursu-
    52  ant  to  subdivision  three  of this section, polling places that remain

        S. 2505                            53                            A. 3005

     1  open until [eight] nine o'clock shall be designated such that any person
     2  entitled to vote early may vote until [eight] nine o'clock in the  even-
     3  ing on at least [two] three week days during the early voting period.
     4    (c) Polls shall be open for early voting for at least [five] ten hours
     5  between  nine o'clock in the morning and [six] nine o'clock in the even-
     6  ing on each Saturday, Sunday and legal holiday during the  early  voting
     7  period.
     8    § 2.  This act shall take effect immediately.

     9                                   PART T

    10    Section  1.  Subdivision  1  of  section 9-209 of the election law, as
    11  amended by chapter 104 of the laws  of  2010,  is  amended  to  read  as
    12  follows:
    13    1.  (a)  The  board of elections shall designate itself or such of its
    14  employees as it shall deem appropriate as a set of poll clerks to  exam-
    15  ine,  cast  and canvass such ballots, and fix a time and place for their
    16  meeting for such [purpose, provided that such meeting shall be  no  more
    17  than  fourteen days after a general or special election and no more than
    18  eight days after a primary election at which such  ballots  are  voted.]
    19  purposes.  Starting  forty  days  prior to the day of the election, such
    20  poll clerks shall examine and determine the validity of absentee  ballot
    21  envelopes  as they are received by the board of elections. Such examina-
    22  tion shall occur every business day prior to the day  of  the  election,
    23  or,  upon  bipartisan agreement, on such other schedule as determined by
    24  the board, provided that the board post  when  such  examinations  shall
    25  occur on its website.
    26    (b)  Beginning  four  hours  before the close of polls on the election
    27  day, board of elections employees shall begin  to  prepare  and  canvass
    28  valid  absentee  ballots  received  prior to such date for canvassing by
    29  hand or central scanner. Such preparation  shall  include,  but  not  be
    30  limited  to,  reviewing  the  voter  history  record  for each voter who
    31  submitted an absentee ballot to reflect any instance of early voting  by
    32  such  voters,  opening  absentee  ballot affirmation envelopes, removing
    33  ballots from absentee ballot affirmation  envelopes,  stacking  absentee
    34  ballots,  and  inserting  ballots  into  a central scanner or other vote
    35  counting device.  Any ballots prepared and canvassed during this  period
    36  shall  be  secured in the same manner as voted ballots cast during early
    37  voting or on election day.  All absentee ballots not  set  aside  to  be
    38  cured  by  the  voter  pursuant  to  this  section and received prior to
    39  election day shall be canvassed on election day.
    40    (c) No unofficial tabulations of election results shall be printed  or
    41  viewed  in  any manner until after the close of polls on election day at
    42  which time such tabulations shall  be  added  into  the  election  night
    43  canvass totals.
    44    (d)  Board of elections employees shall follow all relevant provisions
    45  of this article for canvassing, processing,  recording,  and  announcing
    46  results  of  voting  and  securing ballots, scanners, and other election
    47  materials. Such canvass may  occur  at  the  offices  of  the  board  of
    48  elections, or such other location designated by the board of elections.
    49    (e)  In  canvassing  such  ballots,  the board shall take all measures
    50  necessary to ensure the privacy of  voters  and  non-public  release  of
    51  election results prior to the close of polls on election day.
    52    (f)  The  board may designate additional sets of poll clerks and if it
    53  designates more than one such set shall apportion among  all  such  sets
    54  the  election  districts  from  which  such  ballots have been received,

        S. 2505                            54                            A. 3005

     1  provided that all such ballots from a single election district shall  be
     2  assigned  to  a  single  set  of clerks, and that each such set shall be
     3  divided equally between  representatives  of  the  two  major  political
     4  parties.  Each  such  set  of  clerks shall be deemed a central board of
     5  inspectors for purposes of this section.
     6    [(b)] (g) At least five days prior to the  time  fixed  for  [such]  a
     7  meeting  to  examine  or cast and canvass absentee ballots subsequent to
     8  the day of the election, the board shall send notice by first class mail
     9  to each candidate, political party, and  independent  body  entitled  to
    10  have  had  watchers present at the polls in any election district in the
    11  board's jurisdiction. Such notice shall state the time and  place  fixed
    12  by the board for such canvass.
    13    [(c)]  (h)  Each such candidate, political party, and independent body
    14  shall be entitled to appoint such number of watchers to attend upon each
    15  central board of inspectors as such candidate, political party, or inde-
    16  pendent body was entitled  to  appoint  at  such  election  in  any  one
    17  election  district  for which such central board of inspectors is desig-
    18  nated to act.
    19    § 2. Section 9-209 of the election law is amended by adding three  new
    20  subdivisions 4, 5 and 6 to read as follows:
    21    4.  If the board of elections  manually  canvasses  ballots,  it shall
    22  review  the  ballot  to  determine  its validity consistent with section
    23  9-112 of this article.  In cases where the express intent of  the  voter
    24  is  unambiguous,  any  stray  marks  or writing shall not be a basis for
    25  voiding an absentee ballot. If the absentee ballots are tabulated by  an
    26  optical  scan  voting system, then a review of the absentee ballot shall
    27  not occur.
    28    5. If an affidavit ballot was cast by a voter on the day  of  election
    29  and  it  is determined he or she also submitted an absentee ballot, such
    30  affidavit shall be left aside, unopened.
    31    6. The state board of elections shall promulgate rules or  regulations
    32  necessary  for the implementation of these provisions including, but not
    33  be limited to, (i) ensuring that voters who submitted an absentee ballot
    34  and thereafter voted in person during the early  voting  period  do  not
    35  have their absentee ballot canvassed in the election; (ii) ballots shall
    36  be  subject to the requirements of voter privacy; and (iii) any individ-
    37  ual who has previously requested an absentee ballot shall be required to
    38  vote on an affidavit ballot to  ensure  that  duplicate  votes  are  not
    39  recorded.
    40    §  3. Clause (A) of subparagraph (i) of paragraph (a) of subdivision 2
    41  of section 9-209 of the election law, as amended by chapter 308  of  the
    42  laws of 2011, is amended to read as follows:
    43    (A)  If  a  person whose name is on an envelope as a voter has already
    44  voted in person at such election, or if his or her name and residence as
    45  stated on the envelope are not on a registration  poll  record,  or  the
    46  computer  generated  list  of  registered  voters or the list of special
    47  presidential voters, or if there is no name on the envelope, or  if  the
    48  envelope  is  not  sealed,  such  envelope shall be laid aside unopened;
    49  provided, however, that if the envelope is not sealed, such voter  shall
    50  receive  notice  pursuant  to paragraph (a) of subdivision three of this
    51  section.
    52    § 4. Paragraph c of subdivision 3 of section  5-506  of  the  election
    53  law,  as  amended  by  section 6 of part XX of chapter 55 of the laws of
    54  2019, is amended to read as follows:
    55    c. The computer generated registration list prepared for each election
    56  in each election district shall be prepared in a manner which  meets  or

        S. 2505                            55                            A. 3005

     1  exceeds standards for clarity and speed of production established by the
     2  state  board  of  elections,  shall be in a form approved by such board,
     3  shall include the names of all voters eligible to vote in such  election
     4  and  shall be in alphabetical order, except that, at a primary election,
     5  the names of the voters enrolled in each political party may  be  placed
     6  in  a  separate  part of the list or in a separate list, as the board of
     7  elections in its discretion, may determine.  Such  list  shall  contain,
     8  adjacent to each voter's name, or in a space so designated, at least the
     9  following:  street  address,  date  of  birth, party enrollment, year of
    10  registration, a computer reproduced facsimile of the  voter's  signature
    11  or  an  indication  that  the voter is unable to sign his or her name, a
    12  place for the voter to sign his or her name at such election and a place
    13  for the inspectors to mark the voting machine number, the public counter
    14  number if any, or the number of any paper ballots given the voter.  Such
    15  list shall also include a notation indicating if such voter was provided
    16  an absentee ballot for the applicable election.   The  format  for  such
    17  notation  shall  be promulgated by the state board of elections and used
    18  uniformly in computer generated registration lists.
    19    § 5. Subdivision 1 of section 4-128 of the election law, as amended by
    20  section 2 of part XX of chapter 55 of the laws of 2019,  is  amended  to
    21  read as follows:
    22    1.  The  board of elections of each county shall provide the requisite
    23  number of official and facsimile ballots, two cards  of  instruction  to
    24  voters  in the form prescribed by the state board of elections, at least
    25  one copy of the instruction booklet for inspectors, a sufficient  number
    26  of  maps,  street  finders  or  other descriptions of all of the polling
    27  places and election districts within the political subdivision in  which
    28  the  polling place is located to enable the election inspectors and poll
    29  clerks to determine the correct election district and polling place  for
    30  each  street address within the political subdivision in which the poll-
    31  ing place is located, distance markers, tally sheets and return  blanks,
    32  pens,  pencils,  or other appropriate marking devices, envelopes for the
    33  ballots of voters whose registration poll records are not in the  ledger
    34  or  whose  names  are  not  in the computer generated registration list,
    35  envelopes for the absentee ballots of voters who have elected to vote by
    36  machine to be voided, envelopes  for  returns,  identification  buttons,
    37  badges  or  emblems for the inspectors and clerks in the form prescribed
    38  by the state board of elections and such other articles of stationery as
    39  may be necessary for the proper conduct of elections, except that when a
    40  town, city or village holds an election not conducted by  the  board  of
    41  elections,  the  clerk of such town, city or village, shall provide such
    42  official and facsimile ballots and the necessary  blanks,  supplies  and
    43  stationery for such election.
    44    §  6.  Section  8-302 of the election law is amended by adding two new
    45  subdivisions 2-b and 3-d to read as follows:
    46    2-b. If on election day or during early voting a voter's name  appears
    47  in  the  ledger  or computer generated registration list with a notation
    48  indicating that the voter was provided an absentee  ballot,  such  voter
    49  shall  be permitted to cast his or her vote on the voting machine if the
    50  voter surrenders his or her absentee ballot and affirmation oath  envel-
    51  ope  to  the  inspector  and  such  absentee  ballot is marked "VOTED IN
    52  PERSON" and placed by the inspector in an envelope designated  for  this
    53  purpose.
    54    3-d.  If on election day or during early voting a voter's name appears
    55  in the ledger or computer generated registration list  with  a  notation
    56  indicating that the voter was provided an absentee ballot and such voter

        S. 2505                            56                            A. 3005

     1  is  unable  to surrender his or her ballot and affirmation oath envelope
     2  pursuant to subdivision two-b of this section, such voter shall only  be
     3  entitled to vote by affidavit ballot.
     4    §  7.  Section  16-106  of the election law is amended by adding a new
     5  subdivision 4-a to read as follows:
     6    4-a. In order to obtain any order for temporary or preliminary injunc-
     7  tive relief or an impound order halting or altering  the canvassing   of
     8  absentee  or  affidavit ballots as provided for in section 9-209 of this
     9  chapter, in addition to the criteria in article sixty-three of the civil
    10  practice law and rules, the petitioner must show, by clear and  convinc-
    11  ing  evidence, that, because of procedural irregularities or other facts
    12  arising  during the election, the petitioner will be irreparably  harmed
    13  absent  such  relief. For purposes of  this  section,  allegations  that
    14  opinion  polls  or  testimonial evidence that an election will be within
    15  the margin of the recount as specified in paragraph (a)  of  subdivision
    16  four of section 9-208 of this chapter are insufficient to show irrepara-
    17  ble harm to a petitioner by clear and convincing evidence.
    18    §  8.  Subdivision 20 of section 17-130 of the election law is amended
    19  to read as follows:
    20    20. Intentionally opens an absentee voter's envelope or  examines  the
    21  contents  thereof  after  the  receipt  of  the envelope by the board of
    22  elections and before the close of the polls at the  election  except  as
    23  provided for in section 9-209 of this chapter; or,
    24    §  9.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law.

    26                                   PART U

    27    Section 1.  Paragraphs (a), (b) and (c) of subdivision  4  of  section
    28  9-208  of  the election law, as added by section 1 of part JJ of chapter
    29  55 of the laws of 2020, are amended to read as follows:
    30    (a) [The] Based on the results of the canvass three days following the
    31  deadline for receipt of absentee ballots, the board of  elections  or  a
    32  bipartisan  committee appointed by the board shall conduct a full manual
    33  recount of all ballots for a particular contest:
    34    i. Where the margin of victory is twenty votes or less; or
    35    ii. Where the margin of victory is 0.5% or less; or
    36    iii. In a contest where one million or more ballots have been cast and
    37  the margin of victory is less than 5,000 votes.
    38    (b) For the purposes of this section, the term margin of victory shall
    39  mean the margin between all votes cast in the entire contest  [following
    40  the  recanvass  of  votes]  based  on the current results of the canvass
    41  three days following the deadline for receipt of absentee ballots.
    42    (c) Where the contest involves portions of two or more  counties,  the
    43  margin  of  victory  shall be determined by the state board of elections
    44  based on the [most recent recanvass results]   current  results  of  the
    45  canvass  three  days  following the deadline for the receipt of absentee
    46  ballots for the contest submitted by the  boards  of  elections  of  the
    47  counties involved.
    48    §  2. Subdivision 4 of section 9-208 of the election law is amended by
    49  adding a new paragraph (e) to read as follows:
    50    (e) Any manual recount shall begin by two days after the date required
    51  by law and be completed within five days.
    52    § 3. This act shall take effect immediately.

    53                                   PART V

        S. 2505                            57                            A. 3005

     1    Section 1. Section 76 of the workers' compensation law is  amended  by
     2  adding a new subdivision 1-a to read as follows:
     3    1-a.  a.  The purposes of the state insurance fund are hereby enlarged
     4  to permit it to enter agreements with insurers licensed to  write  work-
     5  ers' compensation insurance in states outside New York to issue policies
     6  to  state  insurance  fund  policyholders  covering those policyholders'
     7  obligations to secure the  payment  of  workers'  compensation  benefits
     8  under  the  laws of states other than New York. The state insurance fund
     9  shall also be authorized to receive premiums into its  workers'  compen-
    10  sation  fund  for policies written under such agreements and to pay from
    11  such fund: (i) reimbursement of all losses and loss adjustment  expenses
    12  under  such  policies;  and (ii) fees and other costs, including but not
    13  limited to those for claims services, relating to such agreements.    An
    14  agreement  under  this  subdivision  shall  not include the provision of
    15  claims services for any claim under this chapter.
    16    b. For a policyholder to be eligible for  insurance  in  states  other
    17  than New York provided through agreements entered into under this subdi-
    18  vision,  either:  (i)  the policyholder's workers' compensation premiums
    19  with the state insurance fund covering its employees under this  chapter
    20  must  be  greater  than the premiums charged to cover the policyholder's
    21  obligations to pay workers' compensation benefits in all states, in  the
    22  aggregate,  other  than  New York when covered under such agreements; or
    23  (ii) the payroll for the policyholder's operations in New York  must  be
    24  greater than the policyholder's payroll in all states, in the aggregate,
    25  other  than  New  York  when covered under such agreements for the prior
    26  policy period. For determining eligibility,  "premiums"  mean  estimated
    27  premiums  as  determined by the state insurance fund at the beginning of
    28  the policy period. In addition, for a policyholder to  be  eligible  for
    29  insurance  in  states  other  than  New York through the state insurance
    30  fund, the policyholder must meet the state insurance fund's underwriting
    31  criteria for other states coverage as specified by rules of the  commis-
    32  sioners.
    33    § 2. This act shall take effect immediately.

    34                                   PART W

    35    Section  1.  The  section  heading  and  subdivisions 1, 2, 3 and 7 of
    36  section 87 of the workers' compensation law,  the  section  heading  and
    37  subdivision 1 as amended and subdivisions 2, 3 and 7 as added by section
    38  20  of part GG of chapter 57 of the laws of 2013, are amended to read as
    39  follows:
    40    [Investment of surplus or reserve] Investments.  1. Any of the reserve
    41  funds belonging to the state insurance fund, by order of the commission-
    42  ers, approved by  the  superintendent  of  financial  services,  may  be
    43  invested in the types of [securities] investments described in [subdivi-
    44  sions  one, two, three, four, five, six, eleven, twelve, twelve-a, thir-
    45  teen, fourteen, fifteen,  nineteen,  twenty,  twenty-one,  twenty-one-a,
    46  twenty-four, twenty-four-a, twenty-four-b, twenty-four-c and twenty-five
    47  of  section  two hundred thirty-five of the banking law or in paragraph]
    48  paragraphs one, two, three and four of subsection  (b)  of  section  one
    49  thousand  four hundred two of the insurance law and paragraphs one, two,
    50  three, four, five, six, seven, and eleven of subsection (a)  of  section
    51  one thousand four hundred four of the insurance law with the qualitative
    52  standards  or quantitative limitations which are set forth in such para-
    53  graphs except that [up to] a minimum of five  percent  of  such  reserve
    54  funds [may] shall be invested in the types of securities [of any solvent

        S. 2505                            58                            A. 3005

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

        S. 2505                            59                            A. 3005

     1    § 2. Subsection (c) of section 1108 of the insurance law,  as  amended
     2  by  section  38 of part SS of chapter 54 of the laws of 2016, is amended
     3  to read as follows:
     4    (c)  The  state  insurance  fund  of  this  state,  except  as  to the
     5  provisions of section one thousand four hundred ten, subsection  (d)  of
     6  section  two  thousand three hundred thirty-nine, section three thousand
     7  one hundred ten, subsection (a), paragraph one of subsection (b),  para-
     8  graph  three of subsection (c) and subsection (d) of section three thou-
     9  sand two hundred one, sections three thousand  two  hundred  two,  three
    10  thousand  two hundred four, subsections (a) through (d) of section three
    11  thousand two hundred twenty-one, subsections (b) and (c) of section four
    12  thousand two hundred twenty-four,  section  four  thousand  two  hundred
    13  twenty-six  and  subsections  (a)  and  (b), (g) through (j), and (n) of
    14  section four thousand two hundred thirty-five of this chapter and except
    15  as otherwise specifically provided by the laws of this state.
    16    § 3. Subsection (a) of section 1410 of the insurance law, as added  by
    17  chapter 650 of the laws of 1998, is amended to read as follows:
    18    (a)  For  purposes  of  this  section,  except  subsection (k) of this
    19  section, an insurer shall mean  a  domestic  life  insurer,  a  domestic
    20  property/casualty  insurer,  a  domestic  reciprocal insurer, a domestic
    21  mortgage guaranty insurer,  a  domestic  co-operative  property/casualty
    22  insurance  corporation  [or],  a domestic financial guaranty insurer, or
    23  the state insurance fund of this state.
    24    § 4. This act shall take effect immediately.

    25                                   PART X

    26    Section 1. Subdivision 5 of section 27 of  the  workers'  compensation
    27  law,  as amended by chapter 6 of the laws of 2007, is amended to read as
    28  follows:
    29    5. All computations made or directed by the board shall  be  upon  the
    30  basis  of (i) the survivorship annuitants table of mortality, the remar-
    31  riage tables of the Dutch  Royal  Insurance  Institution  applicable  to
    32  claims  for  accidents occurring on or before December thirty-first, two
    33  thousand twenty-one, and (ii)  beginning  January  first,  two  thousand
    34  twenty-two,  and  on  January  first  of each tenth year thereafter, the
    35  United States life table for  the  total  population  published  by  the
    36  department  of  health  and  human  services  and  the  remarriage table
    37  published by the United States railroad retirement board  applicable  to
    38  claims  for  accidents  occurring  on or after January first of the year
    39  following the adoption of any revision of such  tables  as  provided  in
    40  this subdivision and interest at three and one-half per centum per annum
    41  on  claims based on accidents occurring up to and including June thirti-
    42  eth, nineteen hundred thirty-nine, at three  per  centum  per  annum  on
    43  claims  based  on  accidents occurring from July first, nineteen hundred
    44  thirty-nine up to and including August  thirty-first,  nineteen  hundred
    45  eighty-three,  at  six per centum per annum on claims based on accidents
    46  occurring from September first, nineteen hundred eighty-three up to  and
    47  including December thirty-first, two thousand and at the industry stand-
    48  ard  rate  on claims based on accidents occurring thereafter, except (a)
    49  that computations of present values of death  benefits  required  to  be
    50  paid  into  the  aggregate trust fund by an insurance carrier which is a
    51  stock corporation or a mutual association shall be based, in the case of
    52  a dependent parent, grandparent, blind or physically disabled  child  or
    53  spouse,  upon said table of mortality disregarding possible change in or
    54  termination of dependency, with  interest  at  three  and  one-half  per

        S. 2505                            60                            A. 3005

     1  centum  per  annum  on  claims  based  on  accidents occurring up to and
     2  including June thirtieth, nineteen hundred  thirty-nine,  at  three  per
     3  centum per annum on claims based on accidents occurring from July first,
     4  nineteen  hundred  thirty-nine  up to and including August thirty-first,
     5  nineteen hundred eighty-three, at six per centum  per  annum  on  claims
     6  based  on  accidents  occurring  from  September first, nineteen hundred
     7  eighty-three up to and including December thirty-first, two thousand and
     8  at the industry standard rate on claims  based  on  accidents  occurring
     9  thereafter  and  (b)  that  computations  of present values of permanent
    10  partial disability benefits awarded for a definite number of weeks shall
    11  be on the basis of annuities certain with interest at three and one-half
    12  per centum per annum on claims based on accidents occurring  up  to  and
    13  including  June  thirtieth,  nineteen  hundred thirty-nine, at three per
    14  centum per annum on claims based on accidents occurring from July first,
    15  nineteen hundred thirty-nine up to and  including  August  thirty-first,
    16  nineteen  hundred  eighty-three,  at  six per centum per annum on claims
    17  based on accidents occurring  from  September  first,  nineteen  hundred
    18  eighty-three up to and including December thirty-first, two thousand and
    19  at  the  industry  standard  rate on claims based on accidents occurring
    20  thereafter.
    21    § 2. The closing paragraph of subdivision 7 of section 27 of the work-
    22  ers' compensation law, as amended by chapter 6 of the laws of  2007  and
    23  as further amended by section 104 of part A of chapter 62 of the laws of
    24  2011, is amended to read as follows:
    25    Such  additional  payments  shall be required until the surplus of the
    26  fund equals or exceeds one per centum  of  the  total  outstanding  loss
    27  reserves  as shown by three successive annual reports of the fund to the
    28  superintendent of financial services and such additional  payment  shall
    29  be  required as a payment upon each award based on an accident occurring
    30  prior to July first next succeeding the third such  annual  report,  but
    31  not  as  a  payment  upon any award based on an accident occurring on or
    32  after said July first; provided, however, that if and when  the  surplus
    33  of  the fund as shown by any annual report thereafter shall be less than
    34  one per centum of the total outstanding loss reserves,  then  the  addi-
    35  tional  payments as provided in paragraphs (a), (b), (c) and (d) of this
    36  subdivision shall be resumed and shall be payable upon any  award  based
    37  on  an  accident  occurring  on  or after July first next succeeding the
    38  close of the year for which such annual report is made. Thereafter,  the
    39  suspension  or  resumption  of  additional  payments as required by this
    40  subdivision shall be governed by the  foregoing  provisions.  Such  loss
    41  reserves  shall  be computed based upon the tables specified in subdivi-
    42  sion five of this section applicable to the calculation of  the  deposit
    43  for  the claim on which such deposit is based and interest at a standard
    44  to be determined by the superintendent of financial  services  by  regu-
    45  lation.
    46    §  3. Section 86 of the workers' compensation law, as amended by chap-
    47  ter 7 of the laws of 1989 and as further amended by section 104 of  part
    48  A of chapter 62 of the laws of 2011, is amended to read as follows:
    49    §  86. Catastrophe surplus and reserves for workers' compensation. Ten
    50  per centum of the premiums collected from employers insured in the  fund
    51  for  workers'  compensation  shall  be  set  aside for the creation of a
    52  surplus until such surplus shall amount to the sum of one hundred  thou-
    53  sand  dollars,  and  thereafter  five per centum of such premiums, until
    54  such time as in the judgment of the commissioners such surplus shall  be
    55  sufficiently  large  to  cover  the  catastrophe  hazard. Thereafter the
    56  contribution to such surplus may be reduced or discontinued  conditional

        S. 2505                            61                            A. 3005

     1  upon constant maintenance of a sufficient surplus to cover the catastro-
     2  phe  hazard.  Reserves  shall  be set up and maintained adequate to meet
     3  anticipated losses and carry all claims and policies to maturity,  which
     4  reserves  shall  be  computed  [to  reflect  the present values, at five
     5  percent interest per annum, of the determined and estimated unpaid loss-
     6  es, and other requirements computed in accordance  with  such  rules  as
     7  shall  be approved by the superintendent of financial services] pursuant
     8  to subsections (d) and (e) of section four thousand one  hundred  seven-
     9  teen of the insurance law.
    10    §  4.  Subsection (c) of section 1108 of the insurance law, as amended
    11  by section 38 of part SS of chapter 54 of the laws of 2016,  is  amended
    12  to read as follows:
    13    (c)  The  state  insurance  fund  of  this  state,  except  as  to the
    14  provisions of subsection (d) of section two thousand three hundred thir-
    15  ty-nine, section three thousand one hundred ten, subsection  (a),  para-
    16  graph  one  of  subsection  (b),  paragraph  three of subsection (c) and
    17  subsection (d) of section three thousand two hundred one, sections three
    18  thousand two hundred two, three thousand two hundred  four,  subsections
    19  (a)  through  (d)  of  section  three  thousand  two hundred twenty-one,
    20  subsections (d) and (e) of section four thousand one hundred  seventeen,
    21  subsections  (b)  and  (c)  of section four thousand two hundred twenty-
    22  four, section four thousand two hundred twenty-six and  subsections  (a)
    23  and  (b),  (g) through (j), and (n) of section four thousand two hundred
    24  thirty-five  of  this  chapter  and  except  as  otherwise  specifically
    25  provided by the laws of this state.
    26    §  5.  Subsection (e) of section 4117 of the insurance law, as amended
    27  by chapter 11 of the laws of 1986, is amended to read as follows:
    28    (e) Whenever in the judgment of the superintendent, the loss and  loss
    29  expense  reserves of any property/casualty insurance company doing busi-
    30  ness in this state or of the state insurance fund of this  state  calcu-
    31  lated  in  accordance  with  the  foregoing provisions are inadequate or
    32  excessive, [he] the superintendent may prescribe any other basis [which]
    33  that will produce adequate and reasonable reserves.
    34    § 6. This act shall take effect January 1, 2022.

    35                                   PART Y

    36    Section 1. Section 76-b of  the  alcoholic  beverage  control  law  is
    37  REPEALED.
    38    §  2.  Subdivision 1-b of section 83 of the alcoholic beverage control
    39  law is REPEALED.
    40    § 3. Paragraph (b) of subdivision 1 of section 97-a of  the  alcoholic
    41  beverage  control  law,  as added by chapter 396 of the laws of 2010, is
    42  amended to read as follows:
    43    (b) to the applicant for a new retail license [where  the  prospective
    44  licensed premises is located in a municipality with a population of less
    45  than one million] during the period that the application is pending.
    46    §  4.  Paragraphs  (b) and (c) of subdivision 5 of section 97-a of the
    47  alcoholic beverage control law, as added by chapter 396 of the  laws  of
    48  2010, are amended and a new paragraph (d) is added to read as follows:
    49    (b) in the case of all other retail applications, to purchase and sell
    50  such  alcoholic beverages as would be permitted to be purchased and sold
    51  under the privileges of the license applied for; [and]
    52    (c) to sell such alcoholic beverages to consumers  only  and  not  for
    53  resale[.]; and

        S. 2505                            62                            A. 3005

     1    (d) in the case of a permit granted under paragraph (b) of subdivision
     2  one  of this section where the prospective licensed premises are located
     3  in a municipality with a population of more than one million, to operate
     4  the premises only under the following  conditions:  the  premises  shall
     5  close  no  later  than  twelve o'clock antemeridian each day, shall have
     6  recorded background music only, with no live music,  DJ's,  karaoke,  or
     7  similar forms of music, and shall have no dancing.
     8    §  5.  The  alcoholic  beverage control law is amended by adding a new
     9  section 97-c to read as follows:
    10    § 97-c. Temporary manufacturing permit. 1. Any person may apply to the
    11  liquor authority for a temporary permit to operate any alcoholic  bever-
    12  age  manufacturing  facility as may be licensed under this chapter. Such
    13  application shall be in writing and verified and shall contain  informa-
    14  tion  as  the  liquor authority shall require. Such application shall be
    15  accompanied by a check or draft in the amount of one hundred twenty-five
    16  dollars for such permit.
    17    2. Upon application, the liquor authority  may  issue  such  temporary
    18  permit when:
    19    (a)  the applicant has a manufacturing license application at the same
    20  premises pending before the liquor authority, together with all required
    21  filing and license fees; and
    22    (b) the applicant has obtained and provided evidence of  all  permits,
    23  licenses and other documents necessary for the operation of such a busi-
    24  ness; and
    25    (c) any current license in effect at the premises has been surrendered
    26  or placed in safekeeping, or has been deemed abandoned by the authority.
    27    3. The liquor authority in granting such permit shall ensure that:
    28    (a)  issuance of the permit will not inordinately hinder the operation
    29  or effective administration of this chapter; and
    30    (b) the applicant would in all likelihood be able to ultimately obtain
    31  the manufacturing license being applied for; and
    32    (c) the applicant has substantially  complied  with  the  requirements
    33  necessary to obtain such license.
    34    4.  The  application  for  a permit shall be approved or denied by the
    35  liquor authority within forty-five days after the receipt of such appli-
    36  cation.
    37    5. A temporary permit shall authorize the permittee to operate a manu-
    38  facturing facility for the manufacture and sale of  alcoholic  beverages
    39  according  to  the  laws applicable to the type of manufacturing license
    40  being applied for.
    41    6. Such temporary permit shall remain in  effect  for  six  months  or
    42  until  the  manufacturing  license being applied for is approved and the
    43  license granted, whichever is shorter. Such permit may  be  extended  at
    44  the  discretion of the liquor authority for additional three-month peri-
    45  ods of time upon payment of an additional fee of fifty dollars for  each
    46  such extension.
    47    7.  Notwithstanding  any provision of law to the contrary, a temporary
    48  permit may be summarily cancelled or suspended at any time if the liquor
    49  authority determines that good  cause  for  cancellation  or  suspension
    50  exists.  The  liquor  authority  shall  promptly notify the permittee in
    51  writing of such cancellation or  suspension  and  shall  set  forth  the
    52  reasons for such action.
    53    8. The liquor authority in reviewing such application shall review the
    54  entire record and grant the temporary permit unless good cause is other-
    55  wise  shown.  A decision on an application shall be based on substantial

        S. 2505                            63                            A. 3005

     1  evidence in the record and supported by a preponderance of the  evidence
     2  in favor of the applicant.
     3    §  6. Section 5 of chapter 396 of the laws of 2010, amending the alco-
     4  holic beverage control law, relating to liquidator's permits and  tempo-
     5  rary retail permits, as amended by section 1 of item AAA of subpart B of
     6  part  XXX  of  chapter  58  of  the  laws of 2020, is amended to read as
     7  follows:
     8    § 5. This act shall take effect on the sixtieth  day  after  it  shall
     9  have  become  a  law[,  provided  that paragraph (b) of subdivision 1 of
    10  section 97-a of the alcoholic beverage control law as added  by  section
    11  two of this act shall expire and be deemed repealed October 12, 2021].
    12    §  7.  This  act shall take effect on the ninetieth day after it shall
    13  have become a law; provided, however, that upon effect, any valid permit
    14  issued under section 76-b of the alcoholic beverage  control  law  shall
    15  remain in effect according to the terms of section 76-b of the alcoholic
    16  beverage  control  law  as  if  such  section had not been repealed, and
    17  provided further, any application duly submitted prior to the  effective
    18  date  of  this  act and not yet acted upon shall be processed as if such
    19  section had not been repealed, and if such application is approved,  any
    20  permit  issued  shall remain in effect according to the terms of section
    21  76-b of the alcoholic beverage control law as if such  section  had  not
    22  been repealed.

    23                                   PART Z

    24    Section  1.  Section  106  of  the  alcoholic  beverage control law is
    25  amended by adding a new subdivision 16 to read as follows:
    26    16. A person holding a retail on-premises license for a movie  theatre
    27  granted pursuant to section sixty-four-a of this chapter shall:
    28    (a) for every purchase of an alcoholic beverage, require the purchaser
    29  to  provide  written  evidence  of  age as set forth in paragraph (b) of
    30  subdivision two of section sixty-five-b of this chapter; and
    31    (b) allow the purchase of only one alcoholic beverage per transaction;
    32  and
    33    (c) only permit the sale or delivery of alcoholic  beverages  directly
    34  to  an  individual  holding  a ticket for a motion picture with a Motion
    35  Picture Association of America rating of "PG-13", "R", or "NC-17"; and
    36    (d) not commence the sale of alcoholic beverages until one hour  prior
    37  to the start of the first motion picture and cease all sales of alcohol-
    38  ic beverages after the conclusion of the final motion picture.
    39    §  2.  Subdivision 6 of section 64-a of the alcoholic beverage control
    40  law, as amended by chapter 475 of the laws of 2011, is amended  to  read
    41  as follows:
    42    6. No special on-premises license shall be granted except for premises
    43  in  which the principal business shall be (a) the sale of food or bever-
    44  ages at retail for consumption on the premises or (b) the operation of a
    45  legitimate theatre, including a motion picture theatre that is a  build-
    46  ing  or facility which is regularly used and kept open primarily for the
    47  exhibition of motion pictures for at least five  out  of  seven  days  a
    48  week,  or  on  a  regular  seasonal basis of no less than six contiguous
    49  weeks, to the general public where all auditorium seating is permanently
    50  affixed to the floor and at  least  sixty-five  percent  of  the  motion
    51  picture theatre's annual gross revenues is the combined result of admis-
    52  sion revenue for the showing of motion pictures and the sale of food and
    53  non-alcoholic  beverages,  or  such  other lawful adult entertainment or
    54  recreational facility as the liquor authority, giving due regard to  the

        S. 2505                            64                            A. 3005

     1  convenience  of  the public and the strict avoidance of sales prohibited
     2  by this chapter, shall by regulation classify for eligibility.  [Nothing
     3  contained  in this subdivision shall be deemed to authorize the issuance
     4  of a license to a motion picture theatre, except those meeting the defi-
     5  nition of restaurant and meals, and where all seating is at tables where
     6  meals are served.]
     7    §  3.  Subdivision 8 of section 64-a of the alcoholic beverage control
     8  law, as added by chapter 531 of the laws of 1964, is amended to read  as
     9  follows:
    10    8. Every special on-premises licensee shall regularly keep food avail-
    11  able  for  sale  to  its  customers for consumption on the premises. The
    12  availability of sandwiches, soups or other foods, whether  fresh,  proc-
    13  essed,  pre-cooked  or  frozen,  shall  be  deemed  compliance with this
    14  requirement. For motion picture theatres licensed under paragraph (b) of
    15  subdivision six of this section, food  that  is  typically  found  in  a
    16  motion  picture  theatre,  including but not limited to: popcorn, candy,
    17  and light snacks, shall be deemed to be in compliance with this require-
    18  ment. The licensed premises shall comply at all times with all the regu-
    19  lations of the local department of health.  Nothing  contained  in  this
    20  subdivision,  however,  shall  be  construed to require that any food be
    21  sold or purchased with any liquor, nor shall  any  rule,  regulation  or
    22  standard  be  promulgated or enforced requiring that the sale of food be
    23  substantial or that the receipts of the business  other  than  from  the
    24  sale  of  liquor  equal  any set percentage of total receipts from sales
    25  made therein.
    26    § 4. Subdivision 9 of section 64-a of the alcoholic  beverage  control
    27  law  is  renumbered  subdivision  10 and a new subdivision 9 is added to
    28  read as follows:
    29    9. In the case of a motion picture  theatre  applying  for  a  license
    30  under  this  section,  any  municipality  required  to be notified under
    31  section one hundred ten-b of this chapter may express  an  opinion  with
    32  respect  to whether the application should be approved, and such opinion
    33  may be considered in determining whether good cause exists to  deny  any
    34  such application.
    35    § 5. This act shall take effect immediately.
    36                                   PART AA

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

        S. 2505                            65                            A. 3005

     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, 2021.

    14                                   PART BB

    15    Section 1.  Short title. This act shall be known and may be  cited  as
    16  the "New York Medical Supplies Act".
    17    §  2.  The state finance law is amended by adding a new section 148 to
    18  read as follows:
    19    § 148. Certain contracts involving personal protective  equipment  and
    20  medical  supplies.  1.  Notwithstanding any other provisions of law, all
    21  contracts over fifty thousand dollars in value made and awarded  by  any
    22  department  or  agency of the state for the purchase of personal protec-
    23  tive equipment or medical  supplies  shall  require  that  the  personal
    24  protective  equipment  or  medical  supply  items be produced or made in
    25  whole or substantial part in the United States.
    26    2. For purposes of this section:
    27    (a) "personal protective equipment" means all equipment worn to  mini-
    28  mize exposure to medical hazards, including gloves, masks, face shields,
    29  eye  protection,  respirators,  medical  hair  and  shoe  coverings, and
    30  disposable gowns and aprons.
    31    (b) "medical supplies" means materials necessary to respond to  health
    32  emergencies  or pandemics, including and without limitation ventilators,
    33  medical test kits, and vaccines.
    34    (c) "United States" means  the  United  States,  its  territories,  or
    35  possessions.
    36    3.  The  provisions of this section shall not apply if the head of the
    37  department or agency purchasing the  personal  protective  equipment  or
    38  medical  supplies,  in  his or her sole discretion, determines that such
    39  provisions would not be in the  public  interest;  that  obtaining  such
    40  personal  protective  equipment or medical supplies in the United States
    41  would increase the cost of the contract by an unreasonable amount;  that
    42  such  personal  protective  equipment  or  medical  supplies  cannot  be
    43  produced or made in the  United  States  in  sufficient  and  reasonably
    44  available  quantities  and of satisfactory quality or design to meet the
    45  department's or  agency's  requirements;  or  that  purchasing  personal
    46  protective  equipment  or  medical  supplies manufactured outside of the
    47  United States is necessary to avoid a delay in the delivery of  critical
    48  services that could compromise the public welfare.
    49    4.  Nothing  in  this  section  is intended to contravene any existing
    50  treaties, laws, trade agreements, or regulations of the United States or
    51  subsequent trade agreements entered into between any  foreign  countries
    52  and the state or the United States.
    53    5.  Subject  to  the  provisions  of  this  section, the department of
    54  economic  development,  in  consultation  with  the  office  of  general

        S. 2505                            66                            A. 3005

     1  services  and  the division of the budget, shall be authorized to estab-
     2  lish rules and regulations for  the  effective  administration  of  this
     3  section.
     4    §  3.  The  public  authorities law is amended by adding a new section
     5  2878-c to read as follows:
     6    § 2878-c. Certain contracts involving  personal  protective  equipment
     7  and  medical  supplies.  1. Notwithstanding any other provisions of law,
     8  all contracts over fifty thousand dollars in value made and  awarded  by
     9  any state authority for the purchase of personal protective equipment or
    10  medical supplies shall require that the personal protective equipment or
    11  medical supply items be produced or made in whole or substantial part in
    12  the United States.
    13    2. For purposes of this section:
    14    (a)  "personal protective equipment" means all equipment worn to mini-
    15  mize exposure to medical hazards, including gloves, masks, face shields,
    16  eye protection,  respirators,  medical  hair  and  shoe  coverings,  and
    17  disposable gowns and aprons.
    18    (b)  "medical supplies" means materials necessary to respond to health
    19  emergencies or pandemics, including and without limitation  ventilators,
    20  medical test kits, and vaccines.
    21    (c)  "United  States"  means  the  United  States, its territories, or
    22  possessions.
    23    3. The provisions of this section shall not apply if the head  of  the
    24  state  authority purchasing the personal protective equipment or medical
    25  supplies, in his or her sole discretion, determines that such provisions
    26  would not be in  the  public  interest;  that  obtaining  such  personal
    27  protective  equipment  or  medical  supplies  in the United States would
    28  increase the cost of the contract by an unreasonable amount;  that  such
    29  personal  protective equipment or medical supplies cannot be produced or
    30  made in the United States in sufficient and reasonably available quanti-
    31  ties and of satisfactory quality or design to meet the state authority's
    32  requirements;  or  that  purchasing  personal  protective  equipment  or
    33  medical  supplies manufactured outside of the United States is necessary
    34  to avoid a delay in the delivery of critical services that could compro-
    35  mise the public welfare.
    36     4. Nothing in this section is intended  to  contravene  any  existing
    37  treaties, laws, trade agreements, or regulations of the United States or
    38  subsequent  trade  agreements entered into between any foreign countries
    39  and the state or the United States.
    40    5. Subject to the  provisions  of  this  section,  the  department  of
    41  economic  development,  in  consultation  with  the  office  of  general
    42  services and the division of the budget, shall be authorized  to  estab-
    43  lish  rules  and  regulations  for  the effective administration of this
    44  section.
    45    § 4. This act shall take effect April 1, 2021 and shall apply  to  any
    46  state  contracting  opportunities  advertised  on or after such date and
    47  shall exclude contracts for which an invitation  for  bid,  request  for
    48  proposal,  or  similar  solicitation  has  been issued prior to April 1,
    49  2021.

    50                                   PART CC

    51    Section 1. Section 167-a of the  civil  service  law,  as  amended  by
    52  section  1  of  part  I of chapter 55 of the laws of 2012, is amended to
    53  read as follows:

        S. 2505                            67                            A. 3005

     1    § 167-a. Reimbursement for medicare premium  charges.  Upon  exclusion
     2  from  the  coverage  of the health benefit plan of supplementary medical
     3  insurance benefits for which an active or retired employee or a  depend-
     4  ent covered by the health benefit plan is or would be eligible under the
     5  federal  old-age,  survivors and disability insurance program, an amount
     6  equal to the standard medicare premium  charge  for  such  supplementary
     7  medical  insurance  benefits for such active or retired employee and his
     8  or her dependents, if any, shall be paid monthly or at  other  intervals
     9  to  such  active  or  retired  employee  from the health insurance fund.
    10  Furthermore, effective January  first,  two  thousand  twenty-two  there
    11  shall be no payment whatsoever for the income related monthly adjustment
    12  amount  for  amounts  (premiums) incurred on or after January first, two
    13  thousand twenty-one to any active or retired employee  and  his  or  her
    14  dependents,  if  any.  Where appropriate, such standard medicare premium
    15  amount may be deducted from contributions payable  by  the  employee  or
    16  retired employee; or where appropriate in the case of a retired employee
    17  receiving  a retirement allowance, such standard medicare premium amount
    18  may be included with payments of his or her  retirement  allowance.  All
    19  state  employer,  employee, retired employee and dependent contributions
    20  to the  health  insurance  fund,  including  contributions  from  public
    21  authorities, public benefit corporations or other quasi-public organiza-
    22  tions of the state eligible for participation in the health benefit plan
    23  as  authorized  by subdivision two of section one hundred sixty-three of
    24  this article, shall be adjusted as necessary to cover the cost of  reim-
    25  bursing  federal  old-age,  survivors  and  disability insurance program
    26  premium charges under this section. This cost shall be included  in  the
    27  calculation  of  premium  or  subscription  charges  for health coverage
    28  provided to employees and retired employees of the state, public author-
    29  ities, public benefit corporations or other  quasi-public  organizations
    30  of  the  state; provided, however, the state, public authorities, public
    31  benefit corporations or other quasi-public organizations  of  the  state
    32  shall  remain  obligated to pay no less than its share of such increased
    33  cost consistent with  its  share  of  premium  or  subscription  charges
    34  provided  for  by  this article. All other employer contributions to the
    35  health insurance fund shall be adjusted as necessary to provide for such
    36  payments.
    37    § 2. This act shall take effect immediately and shall apply on January
    38  1, 2021 for the income related monthly adjustment  amount  for  amounts,
    39  premiums, incurred on or after January 1, 2021.

    40                                   PART DD

    41    Section 1. Section 167 of the civil service law is amended by adding a
    42  new subdivision 10 to read as follows:
    43    10.  Notwithstanding  any  inconsistent  provision of law, the state's
    44  contribution for the cost of premium or  subscription  charges  for  the
    45  coverage  of  retired  state employees who are enrolled in the statewide
    46  and the supplementary health benefit plans established pursuant to  this
    47  article  and who are hired on or after October first, two thousand twen-
    48  ty-one shall be as set forth in this subdivision.
    49    (a) For state employees who retire from a position at  or  equated  to
    50  grade  ten  or  higher  with  at least ten but less than twenty years of
    51  service, the state shall pay fifty percent of the  cost  of  premium  or
    52  subscription  charges  for the individual coverage of such retired state
    53  employees. Such contributions shall increase by two percent of the  cost
    54  of premium or subscription charges for each year of service in excess of

        S. 2505                            68                            A. 3005

     1  ten years, to a maximum of sixty-eight percent of the cost of premium or
     2  subscription  charges. For state employees who retire from a position at
     3  or equated to grade ten or higher with twenty or more years of  service,
     4  the  state  shall  pay  seventy-four  percent  of the cost of premium or
     5  subscription charges for the individual coverage of such  retired  state
     6  employees.  Such contributions shall increase by one percent of the cost
     7  of premium or subscription charges for each year of service in excess of
     8  twenty years, to a maximum of eighty-four percent of the cost of premium
     9  or subscription charges.
    10    (b) For state employees who retire from a position at  or  equated  to
    11  grade  nine  or  lower  with  at least ten but less than twenty years of
    12  service, the state shall pay fifty-four percent of the cost  of  premium
    13  or  subscription  charges  for  the  individual coverage of such retired
    14  state employees. Such contributions shall increase by two percent of the
    15  cost of premium or subscription charges for  each  year  of  service  in
    16  excess  of ten years, to a maximum of seventy-two percent of the cost of
    17  premium or subscription charges. For state employees who retire  from  a
    18  position  at or equated to grade nine or lower with twenty or more years
    19  of service, the state shall pay seventy-eight percent  of  the  cost  of
    20  premium  or  subscription  charges  for  the individual coverage of such
    21  retired state  employees.  Such  contributions  shall  increase  by  one
    22  percent  of the cost of premium or subscription charges for each year of
    23  service in excess of twenty years, to a maximum of eighty-eight  percent
    24  of the cost of premium or subscription charges.
    25    (c)  For  state  employees who retire from a position at or equated to
    26  grade ten or higher with at least ten but  less  than  twenty  years  of
    27  service,  the state shall pay thirty-five percent of the cost of premium
    28  or subscription charges for the coverage of dependents of  such  retired
    29  state  employees; such contribution shall increase by two percent of the
    30  cost of premium or subscription charges for  each  year  of  service  in
    31  excess  of ten years, to a maximum of fifty-three percent of the cost of
    32  premium or subscription charges for such dependents. For state employees
    33  who retire from a position at or equated to grade  ten  or  higher  with
    34  twenty  or more years of service, the state shall pay fifty-nine percent
    35  of the cost of premium or  subscription  charges  for  the  coverage  of
    36  dependents  of  such  retired  state  employees; such contribution shall
    37  increase by one percent of the cost of premium or  subscription  charges
    38  for  each  year  of  service  in excess of twenty years, to a maximum of
    39  sixty-nine percent of the cost of premium or  subscription  charges  for
    40  such dependents.
    41    (d)  For  state  employees who retire from a position at or equated to
    42  grade nine or lower with at least ten but  less  than  twenty  years  of
    43  service,  the state shall pay thirty-nine percent of the cost of premium
    44  or subscription charges for the coverage of dependents of  such  retired
    45  state  employees; such contribution shall increase by two percent of the
    46  cost of premium or subscription charges for  each  year  of  service  in
    47  excess  of ten years, to a maximum of fifty-seven percent of the cost of
    48  premium or subscription charges for such dependents. For state employees
    49  who retire from a position at or equated to grade  nine  or  lower  with
    50  twenty or more years of service, the state shall pay sixty-three percent
    51  of  the  cost  of  premium  or  subscription charges for the coverage of
    52  dependents of such retired  state  employees;  such  contribution  shall
    53  increase  by  one percent of the cost of premium or subscription charges
    54  for each year of service in excess of twenty  years,  to  a  maximum  of
    55  seventy-three percent of the cost of premium or subscription charges for
    56  such dependents.

        S. 2505                            69                            A. 3005

     1    (e)  With  respect to all such retired state employees, each increment
     2  of one or two percent of the cost of premium or subscription charges for
     3  each year of service shall be applicable for whole years of  service  to
     4  the state and shall not be applied on a pro-rata basis for partial years
     5  of service.
     6    (f) The provisions of this subdivision shall not be applicable to:
     7    (1) Members of the New York state and local police and fire retirement
     8  system;
     9    (2)  Members  in  the  uniformed  personnel  in institutions under the
    10  jurisdiction of the state department of corrections and community super-
    11  vision or who are security hospital treatment assistants, as defined  in
    12  section eighty-nine of the retirement and social security law; and
    13    (3)  Any  state  employee determined to have retired with an ordinary,
    14  accidental, or performance of duty disability retirement benefit.
    15    (g)  For  the  purposes  of  determining  the  cost  of   premium   or
    16  subscription  charges to be paid by the state on behalf of retired state
    17  employees enrolled in the New York state health  insurance  program  who
    18  are  hired on or after October first, two thousand twenty-one, the state
    19  shall consider all years of service that a retired  state  employee  has
    20  accrued  in  a  public  retirement  system  of  the state or an optional
    21  retirement program established pursuant to article  three,  eight-B,  or
    22  one  hundred  twenty-five-A of the education law. The provisions of this
    23  paragraph may not be used to grant eligibility for retiree state  health
    24  insurance  coverage to a retiree who is not otherwise eligible to enroll
    25  in the New York state health insurance program as a retiree.
    26    § 2. This act shall take effect October 1, 2021.

    27                                   PART EE

    28    Section 1. Section 167-a of the  civil  service  law,  as  amended  by
    29  section  1  of  part  I of chapter 55 of the laws of 2012, is amended to
    30  read as follows:
    31    § 167-a. Reimbursement for medicare premium  charges.  Upon  exclusion
    32  from  the  coverage  of the health benefit plan of supplementary medical
    33  insurance benefits for which an active or retired employee or a  depend-
    34  ent covered by the health benefit plan is or would be eligible under the
    35  federal  old-age,  survivors and disability insurance program, an amount
    36  equal to the standard medicare premium  charge  for  such  supplementary
    37  medical  insurance  benefits for such active or retired employee and his
    38  or her dependents, if any, shall be paid monthly or at  other  intervals
    39  to  such  active  or  retired  employee  from the health insurance fund;
    40  provided, however, such payment for the standard medicare premium charge
    41  shall not exceed one hundred forty-eight dollars  and  fifty  cents  per
    42  month.   Where appropriate, such standard medicare premium amount may be
    43  deducted from contributions payable by the employee or retired employee;
    44  or where appropriate in the case  of  a  retired  employee  receiving  a
    45  retirement  allowance,  such  standard  medicare  premium  amount may be
    46  included with payments of his or her  retirement  allowance.  All  state
    47  employer,  employee, retired employee and dependent contributions to the
    48  health insurance fund, including contributions from public  authorities,
    49  public  benefit  corporations or other quasi-public organizations of the
    50  state eligible for participation in the health benefit plan  as  author-
    51  ized by subdivision two of section one hundred sixty-three of this arti-
    52  cle,  shall  be  adjusted  as necessary to cover the cost of reimbursing
    53  federal old-age, survivors  and  disability  insurance  program  premium
    54  charges  under  this  section. This cost shall be included in the calcu-

        S. 2505                            70                            A. 3005

     1  lation of premium or subscription charges for health  coverage  provided
     2  to  employees  and  retired  employees of the state, public authorities,
     3  public benefit corporations or other quasi-public organizations  of  the
     4  state;  provided, however, the state, public authorities, public benefit
     5  corporations or other quasi-public  organizations  of  the  state  shall
     6  remain  obligated  to  pay no less than its share of such increased cost
     7  consistent with its share of premium or  subscription  charges  provided
     8  for  by  this  article.  All  other employer contributions to the health
     9  insurance fund shall be  adjusted  as  necessary  to  provide  for  such
    10  payments.
    11    §  2.  This  act  shall take effect immediately and shall apply to the
    12  standard medicare premium amount on and after April 1, 2021.

    13                                   PART FF

    14    Section 1. Section 103 of the  state  technology  law  is  amended  by
    15  adding a new subdivision 22 to read as follows:
    16    22.  To  issue  procurements for technology, as defined in section one
    17  hundred one of this article, in the manner as prescribed in this  subdi-
    18  vision.    (a)  Notwithstanding  section  one hundred sixty-three of the
    19  state finance law, or any other provision of law to  the  contrary,  the
    20  office  may  issue  solicitations  for  comprehensive technology service
    21  contracts pursuant to this section and may award comprehensive technolo-
    22  gy service contracts for technology as prescribed in this subdivision. A
    23  comprehensive technology service contract shall mean  any  contract  for
    24  both  the  design  and  build of any technology, which may allow for the
    25  approval of work at the discretion of the office which is not pre-deter-
    26  mined in the contract, subject to conditions deemed appropriate  by  the
    27  director,  by  a single entity or multiple entities acting as one, which
    28  may include any and all technology as defined in this article and  shall
    29  only be used for those contracts which result in a complete and operable
    30  system delivered to the state.
    31    (b)  For  all  procurements  conducted  pursuant  to this section, the
    32  office shall advertise in the New York state contract  reporter  and  on
    33  the  website  of  the  office  for no less than fifteen business days, a
    34  request for proposals which shall include a detailed description of  the
    35  work  to be performed, any minimum and mandatory qualifications, a brief
    36  description of how the proposals will be scored, and any other  criteria
    37  that the office deems necessary and appropriate.  Scoring criteria shall
    38  be  drafted  and  sealed by the office prior to the opening of any bids.
    39  Such scoring criteria shall be objective to the extent  practicable  and
    40  shall  include cost as determined by the office. If the winning proposal
    41  scores less than five percent higher than  the  second  highest  scoring
    42  proposal,  the  office shall be empowered to request such two bidders to
    43  re-submit their proposals in a manner prescribed by the office, consist-
    44  ent with this article, which the office shall then evaluate based on the
    45  original sealed scoring criteria for final award.
    46    (c) All terms used in this section shall have the same meaning  other-
    47  wise  prescribed  in  this chapter or in articles nine and eleven of the
    48  state finance law, except for those terms specifically defined  in  this
    49  section.
    50    (d)  The  office shall keep a procurement record as defined in section
    51  one hundred sixty-three  of  the  state  finance  law,  which  shall  be
    52  furnished  to  the office of the state comptroller upon request pursuant
    53  to section one hundred twelve of the state finance law.

        S. 2505                            71                            A. 3005

     1    § 2. Subdivisions 3 and 4 of section 163-a of the state  finance  law,
     2  subdivision  3  as added by chapter 430 of the laws of 1997 and subdivi-
     3  sion 4 as amended by section 10 of part O of chapter 55 of the  laws  of
     4  2012, are amended and a new subdivision 5 is added to read as follows:
     5    3.  A  vendor  has  furnished  at government request specifications or
     6  information regarding a product or service they provide, but such vendor
     7  has not been directly requested to write specifications for such product
     8  or service or an agency technology procurement proposal; [or]
     9    4. The [state agency together with] director of the office of informa-
    10  tion technology services, upon request by  a  state  agency,  determines
    11  that  the  restriction  is  not in the best interest of the state[. Such
    12  office shall notify each member of the advisory council  established  in
    13  article  one  of  the  state  technology law of any such waiver of these
    14  restrictions.]; or
    15    5. For the office of information technology services, the restrictions
    16  contained within this section shall not  apply  to  procurements  issued
    17  pursuant  to  subdivision twenty-two of section one hundred three of the
    18  state technology law.
    19    § 3. This act shall take effect immediately.

    20                                   PART GG

    21    Section 1. Section 110 of the state finance law is amended by adding a
    22  new subdivision 1-a to read as follows:
    23    1-a. Each department that maintains a public  website  shall  publicly
    24  post  and maintain a webpage on that website showing the current list of
    25  the names of the  individuals  who  the  department  has  authorized  to
    26  execute  contracts on behalf of the department, which the department has
    27  filed with the comptroller pursuant to subdivision one of this  section.
    28  Such  posting shall provide clear notice to the public of those individ-
    29  uals who are authorized to execute contracts to which the department  or
    30  the state is a party.
    31    § 2. The state finance law is amended by adding a new section 139-m to
    32  read as follows:
    33    §  139-m.  Terms  and  conditions in contracts that shall be void. The
    34  following terms or conditions in any contract entered into by the  state
    35  or any department thereof shall be void and unenforceable:
    36    1.  Any term or condition that requires the state or the department to
    37  indemnify or hold harmless another person, except as  otherwise  author-
    38  ized by law;
    39    2.  Any  term or condition by which the state or the department agrees
    40  to binding arbitration  or  any  other  binding  extra-judicial  dispute
    41  resolution  process  in  which the final resolution is not determined by
    42  the state;
    43    3. Any term or condition which purports to  reserve  a  right  to  the
    44  contractor to unilaterally amend, revise, or add to the terms and condi-
    45  tions without the consent of the state or the department;
    46    4.  Any  term or condition by which the state or the department agrees
    47  to limit the liability of another person for bodily  injury,  death,  or
    48  damage  to tangible property caused by the negligence or willful miscon-
    49  duct of such person or such person's employees or agents; and
    50    5. Any term or condition that designates the  law  of  a  jurisdiction
    51  other  than  the  state  of  New York as the law governing the contract.
    52  Notwithstanding the foregoing, any  contract  containing  such  term  or
    53  condition  shall  otherwise  be  enforceable  as if the contract did not
    54  contain such term or condition.

        S. 2505                            72                            A. 3005

     1    § 3. This act shall take effect immediately.

     2                                   PART HH

     3    Section  1. Section 96 of the public officers law is amended by adding
     4  a new subdivision 3 to read as follows:
     5    (3) For purposes of this  section,  the  exchange  of  any  record  or
     6  personal  information  between and among agencies of the state shall not
     7  constitute disclosure of any record or personal information under subdi-
     8  vision one of this section and is not subject to the requirements there-
     9  in. The exchange of such records between agencies shall be presumptively
    10  permissible, unless such disclosure is otherwise prohibited by law.
    11    § 2.  This act shall take effect immediately.

    12                                   PART II

    13    Section 1. Short Title. This act shall be known and may  be  cited  as
    14  the "New York data accountability and transparency act".
    15    §  2. The general business law is amended by adding a new section 899-
    16  cc to read as follows:
    17    § 899-cc. New York data accountability and transparency act. 1.  Defi-
    18  nitions. For the purposes of this section,  the  following  terms  shall
    19  have the following meanings, unless otherwise specified:
    20    (a) "Affiliate" shall mean a legal entity that controls, is controlled
    21  by,  or  is  under  common control with, another legal entity, where the
    22  entity holds itself out as affiliated or  under  common  ownership  such
    23  that  a  consumer acting reasonably under the circumstances would antic-
    24  ipate their personal information being provided to an affiliate.
    25    (b) "Consumer" shall mean an identified or identifiable natural person
    26  who is a New York resident.
    27    (c) "Covered entities" shall mean legal entities, including any affil-
    28  iates, that conduct business in New York state or  produce  products  or
    29  services that are intentionally targeted to residents of New York state,
    30  and that satisfy one or more of the following thresholds:
    31    (i) Controls or processes personal information of one hundred thousand
    32  consumers or more; or
    33    (ii)  Derives  over  fifty  percent  of  gross  revenue from the sale,
    34  control, or processing of personal information.
    35    (d) "De-identified data" means:
    36    (i) Data that cannot be linked to a known natural person without addi-
    37  tional information not available to the covered entity; or
    38    (ii) Data that: has been modified to a degree that the risk  of  re-i-
    39  dentification  is small as determined by a person with appropriate know-
    40  ledge of and experience with generally accepted statistical  and  scien-
    41  tific  principles  and  methods for de-identifying data; is subject to a
    42  public commitment by the controller not to attempt  to  re-identify  the
    43  data; and, to which one or more enforceable controls to prevent re-iden-
    44  tification  has been applied. Enforceable controls to prevent re-identi-
    45  fication may include legal, administrative,  technical,  or  contractual
    46  controls.
    47    (e)  "Direct  relationship"  shall mean that the consumer is a past or
    48  present:
    49    (i) customer, client, subscriber or user of the  business's  goods  or
    50  services;
    51    (ii) investor in the business; or
    52    (iii) donor to the business.

        S. 2505                            73                            A. 3005

     1    (f)  "Identified  or  identifiable natural person" shall mean a person
     2  who can be identified, directly or indirectly, in particular  by  refer-
     3  ence  to  specific information including, but not limited to, a name, an
     4  identification number, specific geolocation data, or an online identifi-
     5  er.
     6    (g)  "Personal  information" shall mean data relating to an identified
     7  or identifiable natural person provided further that:
     8    (i) personal Information shall include but is not limited to:
     9    (A) an identifier such as a  real  name,  alias,  signature,  date  of
    10  birth,  gender  identity,  sexual  orientation, marital status, physical
    11  characteristic or description, postal address, telephone number,  unique
    12  personal  identifier, military identification number, online identifier,
    13  Internet Protocol address, email address, account name, mother's  maiden
    14  name,  social security number, driver's license number, passport number,
    15  or other similar identifier;
    16    (B) information such as employment, employment history,  bank  account
    17  number,  credit card number, debit card number, insurance policy number,
    18  or any other financial information, medical information,  mental  health
    19  information, or health insurance information;
    20    (C)  commercial  information, including a record of personal property,
    21  income,  assets,  leases,  rentals,  products  or  services   purchased,
    22  obtained, or considered, or other purchasing or consuming history;
    23    (D)  biometric  information,  including a retina or iris scan, finger-
    24  print, voiceprint, or scan of hand or face geometry;
    25    (E) internet or other electronic network activity information, includ-
    26  ing browsing history, search history, content,  including  text,  photo-
    27  graphs,  audio  or  video  recordings,  or other user-generated content,
    28  non-public communications, and  information  regarding  an  individual's
    29  interaction  with an internet website, mobile application, or advertise-
    30  ment;
    31    (F) historical or real-time geolocation data;
    32    (G) audio, visual, thermal, olfactory, or similar information;
    33    (H) education records, as defined in section thirty-three hundred  two
    34  of the education law;
    35    (I)  political  information  or information on criminal convictions or
    36  arrests;
    37    (J) any required security code, access  code,  password,  or  username
    38  necessary to permit access to the account of an individual;
    39    (K)  traits  or  characteristics  of an individual protected under the
    40  human rights law; or
    41    (L) an inference drawn from any of the information described  in  this
    42  paragraph  to  create a profile about an individual reflecting the indi-
    43  vidual's preferences,  characteristics,  psychological  trends,  prefer-
    44  ences, predispositions, behavior, attitudes, intelligence, abilities, or
    45  aptitudes.
    46    (ii) Personal information shall not include:
    47    (A) De-identified data;
    48    (B)  Personal  information  that  is  collected  by a business about a
    49  natural person in the course of the  natural  person  acting  as  a  job
    50  applicant to, an employee of, owner of, director of, officer of, medical
    51  staff  member  of, or contractor of that business to the extent that the
    52  natural person's personal information is collected and used by the busi-
    53  ness solely within the context of the natural person's  role  or  former
    54  role as a job applicant to, an employee of, owner of, director of, offi-
    55  cer of, medical staff member of, or a contractor of that business;

        S. 2505                            74                            A. 3005

     1    (C) Personal information that is collected by a business that is emer-
     2  gency  contact  information of the natural person acting as a job appli-
     3  cant to, an employee of, owner of,  director  of,  officer  of,  medical
     4  staff  member  of, or contractor of that business to the extent that the
     5  personal  information is collected and used solely within the context of
     6  having an emergency contact on file; or
     7    (D) Personal information that is necessary for the business to  retain
     8  to  administer  benefits  for  another  natural  person  relating to the
     9  natural person acting as a job applicant to, an employee of,  owner  of,
    10  director  of, officer of, medical staff member of, or contractor of that
    11  business to the extent that the personal information  is  collected  and
    12  used solely within the context of administering those benefits.
    13    (h)  "Publicly  available  information" is that which a covered entity
    14  has a reasonable basis to believe is  lawfully  made  available  to  the
    15  general public from:  federal, state or local government records; widely
    16  distributed  media;  or  disclosures  to  the  general  public  that are
    17  required to be made by federal, state or local law.
    18    (i) "Verifiable consumer request" means a request that is  made  by  a
    19  consumer, by a consumer on behalf of the consumer's minor child, or by a
    20  natural  person  or  a  person  registered  with the secretary of state,
    21  authorized by the consumer to act on the consumer's behalf, and that the
    22  covered entity can reasonably verify to be the consumer about  whom  the
    23  business  has  collected  personal  information. A covered entity is not
    24  obligated to perform any action related to paragraph (g) of  subdivision
    25  three  of  this  section  if  the  covered entity cannot verify that the
    26  consumer making the request is the consumer about whom the covered enti-
    27  ty has collected information or is a person authorized by  the  consumer
    28  to act on such consumer's behalf.
    29    2. Exceptions. This section shall not apply to:
    30    (a)  State  and local government entities, including agencies, boards,
    31  commissions, and authorities;
    32    (b) Personal Information that is:
    33    (i) Collected, stored, or otherwise utilized in  accordance  with  the
    34  Federal Health Insurance Portability and Accountability Act of 1996, the
    35  Health  Information Technology for Economic and Clinical Health Act, the
    36  Gramm-Leach-Bliley Act, or the Driver's Privacy Protection Act;
    37    (ii) Maintained for employment records purposes, to  the  extent  that
    38  such  data  sets  are required to be maintained by an entity to meet its
    39  legal requirements;
    40    (iii) Collected, stored, or otherwise utilized in accordance with  the
    41  Fair Credit Reporting Act;
    42    (iv) Publicly available information; or
    43    (v) De-identified data.
    44    3. Requirements of covered entities. A covered entity shall:
    45    (a)  Limit the collection of personal information to personal informa-
    46  tion obtained by lawful means and in accordance with subdivision five of
    47  this section.
    48    (b) Only collect personal information relevant  to  the  purposes  for
    49  which  they are intended to be used and only to the extent necessary for
    50  those purposes.
    51    (c) At or before the point of collection, inform the  consumer  as  to
    52  the  type  of  personal information to be collected and the purposes for
    53  which such personal information shall be used. A  covered  entity  shall
    54  not  collect  additional  categories  of  personal  information  or  use
    55  personal information collected for additional purposes without providing

        S. 2505                            75                            A. 3005

     1  the consumer with notice of such collection and the option to limit such
     2  collection pursuant to subdivision five of this section.
     3    (d)  Not  use or disclose personal information for purposes other than
     4  those specified, except:
     5    (i) when the consumer has the option to limit the use or disclosure in
     6  accordance with subdivision five of this section; or
     7    (ii) as otherwise required by law.
     8    (e) Protect personal information by implementing  security  safeguards
     9  to protect against risks such as loss, unauthorized access, destruction,
    10  use, modification, or unauthorized disclosure of such data.
    11    (f)  Clearly  state  the identity and location of any data processors,
    12  affiliates, or controllers.
    13    (g) Upon receipt of a verifiable consumer request, provide a  consumer
    14  with the ability:
    15    (i)  to  obtain  confirmation  of  whether  or  not the covered entity
    16  possesses personal information about the consumer;
    17    (ii) to have personal information collected about the consumer in  the
    18  last  twelve  months  communicated  to the consumer, within a reasonable
    19  time, at no charge, in a reasonable manner, and in a form that is readi-
    20  ly intelligible to the consumer, provided that a covered entity may, but
    21  shall not be required to provide personal information to a consumer more
    22  than twice in a twelve month period;
    23    (iii) the reasons for and the ability  to  challenge  a  denial  of  a
    24  request under subparagraphs (iv) and (v) of this paragraph denied and to
    25  be able to challenge such denial;
    26    (iv)  to challenge data relating to the consumer and, if the challenge
    27  is  successful,  to  have  the  data  returned,  destroyed,   rectified,
    28  completed or amended; and
    29    (v)  destroy  or  return personal information without undue delay, and
    30  direct all affiliates to do the same, in the following circumstances:
    31    (A) the personal information is no longer necessary for  the  purposes
    32  for which it was collected or otherwise processed;
    33    (B)  the  consumer affirmatively requests the covered entity stops the
    34  collection, storage, or processing of personal information;
    35    (C) the personal information has been unlawfully  collected  or  proc-
    36  essed; or
    37    (D)  upon  a  request pursuant to paragraph (c) of subdivision four of
    38  this section.
    39    4. Consumers' rights. The department of state,  in  consultation  with
    40  the  department  of  financial  services,  shall  create a consumer data
    41  privacy bill of rights, which shall include, at  a  minimum  the  rights
    42  delineated  in  this  subdivision  and information on how a consumer may
    43  enforce such rights, as well as any other information  deemed  necessary
    44  to inform consumers of their rights regarding data privacy in accordance
    45  with  this  section  or  any other relevant provision of law. The rights
    46  afforded under this subdivision shall be in addition to any other rights
    47  afforded under any other provision of state or federal law.    Consumers
    48  shall have the following rights:
    49    (a)  The  right to protection of their personal information by covered
    50  entities.
    51    (b) The right to  exercise  control  over  what  personal  information
    52  covered entities collect from them and how it is used.
    53    (c)  The right to request that a covered entity return, destroy, amend
    54  or otherwise alter the personal information collected about the consumer
    55  in accordance with paragraph (g) of subdivision three of  this  section.

        S. 2505                            76                            A. 3005

     1  Provided  however,  this  right  shall  not apply to the extent that the
     2  possession, and processing of such data:
     3    (i)  is exercising the right of freedom of speech or other legal right
     4  by the covered entity or another party;
     5    (ii) is necessary for compliance with a legal obligation;
     6    (iii) is maintained for reasons of public  interest  in  the  area  of
     7  public health;
     8    (iv) is solely used for archiving purposes in the public interest, for
     9  scientific or historical research purposes or statistical purposes in so
    10  far  as the right to erasure is likely to render impossible or seriously
    11  impair the achievement of the objectives of that collection or  process-
    12  ing;
    13    (v)  is  used  for  the  establishment,  exercise  or defense of legal
    14  claims; or
    15    (vi) is used to complete the transaction for which the personal infor-
    16  mation was collected, fulfill the terms of a written warranty or product
    17  recall conducted in accordance with  federal  law,  provide  a  good  or
    18  service  requested by the consumer, or reasonably anticipated within the
    19  context of a business' ongoing business relationship with the  consumer,
    20  or otherwise perform a contract between the business and the consumer.
    21    (d)  The  right  to  easily  understandable and accessible information
    22  about the privacy and security practices of a covered entity.
    23    (e) The right to secure and responsible handling of personal  informa-
    24  tion.
    25    (f) The right to access and correct personal information in a form and
    26  manner  that can be accessed by the consumer, and that is appropriate to
    27  ensure the data remains protected.
    28    (g) The right to opt-out of  the  sale  of  personal  information,  as
    29  follows:
    30    (i)  A consumer shall have the right, at any time, to direct a covered
    31  entity that sells or shares personal information about the  consumer  to
    32  third  parties not to sell or share the consumer's personal information.
    33  This right may be referred to as the right to opt-out of sale  or  shar-
    34  ing;
    35    (ii)  A  covered entity that sells consumers' personal information to,
    36  or shares it with, third parties shall provide notice to consumers in  a
    37  clear and unambiguous manner that this information may be sold or shared
    38  and that consumers have the "right to opt-out" of the sale or sharing of
    39  their personal information pursuant to subdivision five of this section;
    40    (iii)  Notwithstanding  paragraph  (a) of this subdivision, a business
    41  shall not sell or share the personal information  of  consumers  if  the
    42  business  has  actual  knowledge that the consumer is less than eighteen
    43  years of age, unless the consumer's parent or guardian has affirmatively
    44  authorized the sale or sharing of the consumer's personal information. A
    45  business that willfully disregards the consumer's age shall be deemed to
    46  have had actual knowledge of the consumer's age;
    47    (iv) A business that has received direction from  a  consumer  not  to
    48  sell  or  share the consumer's personal information or, in the case of a
    49  minor consumer's personal information has not received consent  to  sell
    50  or  share the minor consumer's personal information, shall be prohibited
    51  from selling or sharing the consumer's personal  information  after  its
    52  receipt  of  the  consumer's direction, unless the consumer subsequently
    53  opts-in to the sale or sharing of the consumer's  personal  information;
    54  or
    55    (v) Right to equal services after exercising of any rights.

        S. 2505                            77                            A. 3005

     1    (h)  (i)  Except  as  otherwise permitted in this paragraph, a covered
     2  entity shall not discriminate against a consumer  because  the  consumer
     3  exercised  any  of  the consumer's rights under this section, including,
     4  but not limited to, by:
     5    (A) Denying goods or services to the consumer;
     6    (B)  Charging different prices or rates for goods or services, includ-
     7  ing through the use of discounts or other benefits  or  imposing  penal-
     8  ties; or
     9    (C) Providing a different level or quality of goods or services to the
    10  consumer.
    11    (ii)  Nothing  in  this  section  shall prohibit a covered entity from
    12  charging a consumer a different price  or  rate,  or  from  providing  a
    13  different level or quality of goods or services to the consumer, if that
    14  difference  is  reasonably related to the value provided to the business
    15  by the consumer's personal information.
    16    (iii) This paragraph does not prohibit a covered entity from  offering
    17  loyalty,  rewards,  premium  features,  discounts, or club card programs
    18  otherwise consistent with this section.
    19    (iv) A  covered  entity  may  offer  financial  incentives,  including
    20  payments  to  consumers as compensation, for the collection, sale, shar-
    21  ing, or retention of a consumer's personal information. A covered entity
    22  that offers any financial incentives pursuant to this subdivision, shall
    23  clearly and conspicuously notify consumers of such financial incentives.
    24    (v) A covered entity may enroll a consumer into a financial  incentive
    25  program  only  if  the  consumer  gives  the covered entity prior opt-in
    26  consent that clearly describes  the  material  terms  of  the  financial
    27  incentive program, and which may be revoked by the consumer at any time.
    28  If a consumer declines to provide opt-in consent, then the covered enti-
    29  ty  shall wait at least twelve months before making a subsequent request
    30  that the consumer provide  opt-in  consent.  Provided  however,  nothing
    31  shall  preclude  a  covered entity from enrolling a consumer into such a
    32  financial incentive program, prior to such twelve month period upon  the
    33  receipt of a verifiable consumer request to opt-in to such program.
    34    (vi) A covered entity shall not use financial incentive practices that
    35  are unjust, unreasonable, coercive, or usurious in nature.
    36    5.  Methods  of limiting sale, sharing, collection and use of personal
    37  information. (a) A  covered  entity  that  sells  or  shares  consumers'
    38  personal  information  shall, in a form that is reasonably accessible to
    39  consumers:
    40    (i) Provide a clear and  conspicuous  link  on  the  covered  entity's
    41  internet  homepages,  titled  "Do Not Sell or Share My Personal Informa-
    42  tion", to an internet web page that enables  a  consumer,  or  a  person
    43  authorized  by  the  consumer,  to opt-out of the sale or sharing of the
    44  consumer's personal information;
    45    (ii) Provide a clear and conspicuous  link  on  the  covered  entity's
    46  internet  homepages, titled "Limit the Use and Collection of My Personal
    47  Information", that enables a consumer, or a  person  authorized  by  the
    48  consumer,  to  limit the collection, use or disclosure of the consumer's
    49  personal information to those uses authorized by  subdivision  three  of
    50  this section;
    51    (iii)  At  the  covered entity's discretion, utilize a single, clearly
    52  labeled link on the covered entity's  internet  homepages,  in  lieu  of
    53  complying  with  subparagraphs  (i)  and (ii) of this paragraph, if that
    54  link easily allows a consumer to opt-out of the sale or sharing  of  the
    55  consumer's  personal  information  and  to  limit the use, collection or
    56  disclosure of the consumer's personal information; and

        S. 2505                            78                            A. 3005

     1    (iv) In the event that a covered entity responds to  opt-out  requests
     2  received  pursuant to subparagraph (i), (ii), or (iii) of this paragraph
     3  by informing the consumer of a charge for the  use  of  any  product  or
     4  service, present the terms of any financial incentive offered in accord-
     5  ance  with  paragraph  (i)  of  subdivision four of this section for the
     6  retention, use, sale, or sharing of the consumer's personal information.
     7    (b) A covered entity that receives a request pursuant to paragraph
     8    (a) of this subdivision must comply with the request as soon as  tech-
     9  nically  feasible,  but  in no instance longer than thirty days from the
    10  receipt of the request.
    11    6. Outreach and education. The department of state consumer protection
    12  division (the "division") shall, in conjunction with the  department  of
    13  financial services, develop, establish, and implement a public education
    14  awareness program advising consumers about:
    15    (a)  The  existence  of  the  consumer data privacy bill of rights and
    16  where such bill of rights can be accessed and downloaded;
    17    (b) The significance each individual consumer  personal  private  data
    18  point holds in the marketplace;
    19    (c)  Affirmative  steps consumers can take to prevent unauthorized use
    20  of personal private data and the dangers inherent in not protecting such
    21  data;
    22    (d) The program shall include a dedicated webpage  on  the  division's
    23  website, brochures, consumer guides, posters or any combination thereof;
    24  and
    25    (e)  The  program  shall  be made available to the public by any means
    26  deemed appropriate by the division, and may include internet, radio, and
    27  print advertising. The program may also identify and recruit individuals
    28  to serve as visible, public ambassadors  to  promote  critical  consumer
    29  personal information privacy messages.
    30    7. Consumer data privacy advisory board. (a) The consumer data privacy
    31  advisory  board  shall consist of the following members, or their desig-
    32  nees:
    33    (i) The attorney general;
    34    (ii) The secretary of state;
    35    (iii) The superintendent of financial services;
    36    (iv) The chief information security officer;
    37    (v) The chief data officer; and
    38    (vi) Two members appointed by the governor upon the recommendation  of
    39  the  attorney  general, one of which must be an officer or employee of a
    40  covered entity, and one of which must be an officer  or  employee  of  a
    41  data  privacy public interest or advocacy group. These two members shall
    42  serve for three year terms.
    43    (b) The members of the board shall serve without compensation,  except
    44  that  each  of  them  shall be allowed the necessary and actual expenses
    45  incurred in the performance of any of their duties hereunder.
    46    (c) The board may conduct any business authorized herein when a quorum
    47  of the members are represented in session.
    48    (d) The board shall meet at least once  per  year  and  shall  provide
    49  guidance  and  recommendations  related to this section, any regulations
    50  promulgated hereunder, and other matters related to consumer data priva-
    51  cy.
    52    8.  Recordkeeping  requirements.  Covered  entities   shall   maintain
    53  records,  in  a form and manner as prescribed by the secretary of state,
    54  pertaining to their business practices demonstrating compliance with the
    55  provisions of this section and any other information as requested by the

        S. 2505                            79                            A. 3005

     1  secretary of  state.  Such  information  shall  be  made  available  for
     2  inspection upon the request of the secretary of state.
     3    9. Enforcement. The secretary of state shall have the power to enforce
     4  the  provisions of this section, and upon complaint of any person, or on
     5  his or her own initiative, to investigate any violation thereof,  if  in
     6  the  opinion  of the secretary of state such investigation is warranted.
     7  Upon a finding of a violation of any  provision  of  this  section,  the
     8  secretary  of  state  may assess a civil penalty of up to seven thousand
     9  five hundred dollars for each such violation, which may be imposed on  a
    10  per day basis for any continuing violation.
    11    10.  Regulations.  The department of state shall have the authority to
    12  issue rules and regulations pursuant to this section to effectuate  this
    13  section.
    14    § 3. This act shall take effect two years after it shall have become a
    15  law.

    16                                   PART JJ

    17    Section 1. The general business law is amended by adding a new article
    18  32-A to read as follows:
    19                                ARTICLE 32-A
    20                   VOICE RECOGNITION FEATURES IN PRODUCTS
    21  Section  676.  Disclosures  for the use of voice recognition features in
    22                 products.
    23    § 676. Disclosures for  the  use  of  voice  recognition  features  in
    24  products.  1. Definitions.   For purposes of this section, the following
    25  definitions shall apply:
    26    (a) "Cloud computing storage service" shall have the  same  definition
    27  as such term is defined by the National Institute of Standards and Tech-
    28  nology  Special  Publication  800-145,  or  a successor publication, and
    29  includes the service and deployment models referenced therein.
    30    (b) "Connected device" shall mean a television, video game console  as
    31  defined in section three hundred ninety-six-kk of this chapter, computer
    32  as  defined  in  section  three  hundred  ninety-two-a  of this chapter,
    33  computer accessory as defined in section three hundred  ninety-two-a  of
    34  this chapter, internet-capable device as defined in section five hundred
    35  thirty-eight-b  of this chapter, or a toy as defined in paragraph (f) of
    36  this subdivision.
    37    (c) "De-identified data" shall mean:
    38    (i) Data that cannot be linked to a known natural person without addi-
    39  tional information not available to the covered entity; or
    40    (ii) Data that: has been modified to a degree that the risk  of  re-i-
    41  dentification  is small as determined by a person with appropriate know-
    42  ledge of and experience with generally accepted statistical  and  scien-
    43  tific  principles  and  methods for de-identifying data; is subject to a
    44  public commitment by the controller not to attempt  to  re-identify  the
    45  data;  and to which one or more enforceable controls to prevent re-iden-
    46  tification has been applied. Enforceable controls to prevent  re-identi-
    47  fication  may  include  legal, administrative, technical, or contractual
    48  controls.
    49    (d) "Personal information" shall mean data relating to  an  identified
    50  or identifiable natural person provided further that:
    51    (i) Personal information shall include but is not limited to:
    52    (A)  an  identifier  such  as  a  real name, alias, signature, date of
    53  birth, gender identity, sexual  orientation,  marital  status,  physical
    54  characteristic  or description, postal address, telephone number, unique

        S. 2505                            80                            A. 3005

     1  personal identifier, military identification number, online  identifier,
     2  Internet  Protocol address, email address, account name, mother's maiden
     3  name, social security number, driver's license number, passport  number,
     4  or other similar identifier;
     5    (B)  information  such as employment, employment history, bank account
     6  number, credit card number, debit card number, insurance policy  number,
     7  or  any  other financial information, medical information, mental health
     8  information, or health insurance information;
     9    (C) commercial information, including a record of  personal  property,
    10  income,   assets,  leases,  rentals,  products  or  services  purchased,
    11  obtained, or considered, or other purchasing or consuming history;
    12    (D) biometric information, including a retina or  iris  scan,  finger-
    13  print, voiceprint, or scan of hand or face geometry;
    14    (E) internet or other electronic network activity information, includ-
    15  ing  browsing  history,  search history, content, including text, photo-
    16  graphs, audio or video recordings, or other user-generated content, non-
    17  public communications, and information regarding an individual's  inter-
    18  action with an internet website, mobile application, or advertisement;
    19    (F) historical or real-time geolocation data;
    20    (G) audio, visual, thermal, olfactory, or similar information;
    21    (H)  education records, as defined in section thirty-three hundred two
    22  of the education law;
    23    (I) political information or information on  criminal  convictions  or
    24  arrests;
    25    (J)  any  required  security  code, access code, password, or username
    26  necessary to permit access to the account of an individual;
    27    (K) characteristics of protected classes under the human  rights  law,
    28  including race, color, national origin, religion, sex, age, or disabili-
    29  ty; or
    30    (L)  an  inference drawn from any of the information described in this
    31  paragraph to create a profile about an individual reflecting  the  indi-
    32  vidual's  preferences,  characteristics,  psychological  trends, prefer-
    33  ences, predispositions, behavior, attitudes, intelligence, abilities, or
    34  aptitudes.
    35    (ii) Personal information shall not include de-identified data.
    36    (e) "Retained" shall mean the saving or storing, or  both  saving  and
    37  storing,  of  voice recorded data longer than the minimum time necessary
    38  to complete a requested command by the user.
    39    (f) "Toy" shall mean any product designed or intended by the  manufac-
    40  turer to be used by children or adults for amusement or play.
    41    (g)  "User"  shall  mean a person who originally purchases, leases, or
    42  takes ownership of a connected device or another  person  designated  by
    43  the  user  to perform the initial setup or installation of the connected
    44  device, but such term shall not include a  person  who  is  incidentally
    45  recorded when a voice recognition feature is activated by a user.
    46    (h) "Voice recognition feature" shall mean the function of a connected
    47  device  with  a  voice  recognition  feature that allows the collection,
    48  recording, storage, analysis, transmission, interpretation, or other use
    49  of spoken words or other sounds, except that this term shall not include
    50  spoken words or other sounds that are not recorded, retained, or  trans-
    51  mitted beyond the connected device.
    52    (i)  "Voice  recorded  data"  shall  mean  audio  recordings  or tran-
    53  scriptions of those recordings collected  through  the  operation  of  a
    54  voice recognition feature by the manufacturer of a connected device.
    55    2.  Disclosures  on  use  of voice recognition. (a) A person or entity
    56  shall not sell or otherwise provide a connected device or toy containing

        S. 2505                            81                            A. 3005

     1  a voice  recognition  feature  within  this  state  without  prominently
     2  informing  purchasers both prior to the sale on its packaging and during
     3  the initial setup or installation that, at a minimum, the device may  be
     4  recording the user. During the initial setup or installation such device
     5  must  disclose:  the  categories  of personal information collected, the
     6  purposes for which this personal information is collected, and  that  if
     7  the  person  or  entity  is  retaining such voice recorded data, for how
     8  long, and whether a natural person may listen to such audio.
     9    (b) Nothing in this  section  shall  be  construed  to  authorize  the
    10  disclosure  of  any  recordings retained by the manufacturer, any affil-
    11  iates of the same, or any third parties with a contractual  relationship
    12  with  the  manufacturer,  to  any  individual or entity, including a law
    13  enforcement agency, or any officer, employee, or agent of  such  agency,
    14  unless otherwise authorized by law or pursuant to a judicial order.
    15    (c)  A  manufacturer shall not be liable for functionality provided by
    16  applications that the user chooses to use in a cloud  computing  storage
    17  service  or  are downloaded and installed by a user, unless the manufac-
    18  turer collects, controls, or has  access  to  any  personal  information
    19  collected or elicited by the applications.
    20    (d)  This section shall not apply to a product or service used only to
    21  record information by a covered entity, a health care provider, a  busi-
    22  ness associate, a health care service plan, a contractor, an employee or
    23  another  person  that is subject to the Health Insurance Portability and
    24  Accountability Act of 1996 or regulations promulgated  under  such  act,
    25  with respect to any action that such act regulates.
    26    (e)  This section shall not apply to any connected device regulated by
    27  the United States Food and Drug Administration under 21 C.F.R. parts 800
    28  to 1299 or other requirements,  regulations,  and  guidance  the  United
    29  States  Food and Drug Administration promulgates with respect to medical
    30  devices, including software as a medical device.
    31    3. Enforcement. The secretary of state shall have the power to enforce
    32  the provisions of this section, and upon complaint of any person, or  on
    33  his  or  her own initiative, to investigate any violation thereof, if in
    34  the opinion of the secretary of state such investigation  is  warranted.
    35  Upon  a  finding  of  a  violation of any provision of this section, the
    36  secretary of state may assess a civil penalty of up to two thousand five
    37  hundred dollars for each such violation.
    38    § 2. This act shall take effect one year after it shall have become  a
    39  law.

    40                                   PART KK

    41    Section  1. Section 54-l of the state finance law, as added by section
    42  1 of part J of chapter 57 of 2011,  paragraph  b  of  subdivision  2  as
    43  amended  by  section  1  of part X of chapter 55 of the laws of 2014 and
    44  subdivision 5 as added by section 5 of part S of chapter 39 of the  laws
    45  of 2019, is amended to read as follows:
    46    §  54-l.  State  assistance  to  eligible cities [and eligible munici-
    47  palities] in which a video lottery gaming facility is located. 1.  Defi-
    48  nitions.  When used in this section, unless otherwise expressly stated:
    49    [a.]  "Eligible  city" shall mean a city with a population equal to or
    50  greater than one hundred twenty-five thousand and less than one  million
    51  in  which a video lottery gaming facility is located and operating as of
    52  January first, two thousand nine pursuant  to  section  sixteen  hundred
    53  seventeen-a of the tax law.

        S. 2505                            82                            A. 3005

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

    44                                   PART LL

    45    Section  1.  Subparagraph  (i)  of  paragraph  a  of subdivision 10 of
    46  section 54 of the state finance law, as added by section 1 of part F  of
    47  chapter 56 of the laws of 2007, is amended to read as follows:
    48    (i)  "Municipality"  means  a  city  with  a  population less than one
    49  million[, town or village].
    50    § 2. Subparagraph (v) of paragraph b of subdivision 10 of  section  54
    51  of  the  state finance law, as added by section 1 of part PPP of chapter
    52  59 of the laws of 2019, is amended and a new subparagraph (vi) is  added
    53  to read as follows:

        S. 2505                            83                            A. 3005

     1    (v) Notwithstanding subparagraph (i) of this paragraph, within amounts
     2  appropriated  in the state fiscal year commencing April first, two thou-
     3  sand nineteen, [and annually thereafter,] there shall be apportioned and
     4  paid to each municipality [which is a city] a base  level  grant  in  an
     5  amount  equal  to  the  prior  year aid received by such city, and there
     6  shall be apportioned and paid to each [municipality which is a] town  or
     7  village a base level grant in accordance with clause two of this subpar-
     8  agraph.
     9    (1) When used in this subparagraph, unless otherwise expressly stated:
    10    (A)  "two  thousand eighteen--two thousand nineteen AIM funding" shall
    11  mean the sum of the base level grant paid in the state fiscal year  that
    12  began April first, two thousand eighteen pursuant to this paragraph.
    13    (B)  "two  thousand seventeen total expenditures" shall mean all funds
    14  and total expenditures for a town or a village as reported to the  state
    15  comptroller for local fiscal years ended in two thousand seventeen.
    16    (C) "AIM Reliance" shall mean two thousand eighteen-two thousand nine-
    17  teen  AIM  funding  calculated as a percentage of two thousand seventeen
    18  total expenditures, provided that, for a village which dissolved  during
    19  the state fiscal year that began April first, two thousand eighteen, the
    20  village's two thousand eighteen--two thousand nineteen AIM funding shall
    21  be  added  to  the existing two thousand eighteen--two thousand nineteen
    22  AIM funding of the town into which the village dissolved for purposes of
    23  this calculation.
    24    (2) A base level grant equal to a town or  village's  prior  year  aid
    25  only if such town or village's AIM reliance equals two percent or great-
    26  er  as  reported to and published by the state comptroller as of January
    27  tenth, two thousand nineteen.
    28    (vi)  Notwithstanding  subparagraph  (i)  of  this  paragraph,  within
    29  amounts  appropriated  in the state  fiscal year commencing April first,
    30  two thousand twenty-one, and annually thereafter, there shall be  appor-
    31  tioned  and  paid  to each municipality a base level grant in accordance
    32  with clause two of this  subparagraph:
    33    (1) When used in this subparagraph, unless otherwise expressly stated:
    34    (A) "two thousand nineteen-two thousand twenty AIM funding" shall mean
    35  the sum of the base level grant paid in the state fiscal year that began
    36  April first, two thousand  nineteen pursuant to this paragraph.
    37    (B) "two thousand  nineteen  expenditures"  shall  mean  general  fund
    38  expenditures  for  a    municipality as reported to and published by the
    39  state comptroller for local fiscal years ended in two thousand nineteen.
    40    (C) "AIM Reliance" shall mean two thousand nineteen-two thousand twen-
    41  ty AIM funding calculated as  a  percentage  of  two  thousand  nineteen
    42  expenditures.
    43    (2) A base level grant equal to:
    44    (A) eighty percent of a municipality's two thousand nineteen-two thou-
    45  sand  twenty AIM   funding if such municipality's AIM Reliance was equal
    46  to or less than 8.1500 percent; or
    47    (B) eighty-five percent of a municipality's two thousand  nineteen-two
    48  thousand  twenty    AIM  funding if such municipality's AIM Reliance was
    49  higher than 8.1500 percent but less than or equal to 11.3436 percent; or
    50    (C) ninety percent of a municipality's two thousand nineteen-two thou-
    51  sand twenty AIM  funding if such municipality's AIM Reliance was  higher
    52  than 11.3436 percent but less  than or equal to 14.1522 percent; or
    53    (D) ninety-seven and one-half percent of a municipality's two thousand
    54  nineteen-two  thousand  twenty  AIM  funding  if such municipality's AIM
    55  Reliance was higher than  14.1522 percent; or

        S. 2505                            84                            A. 3005

     1    (E) eighty percent of a municipality's two thousand nineteen-two thou-
     2  sand twenty AIM  funding if such municipality has not, by May fifteenth,
     3  two thousand twenty-one, reported  the information to  the  state  comp-
     4  troller necessary to establish its two thousand  nineteen expenditures.
     5    §  3. Paragraph 5-a of subdivision (c) of section 1261 of the tax law,
     6  as amended by section 2 of part NN of chapter 55 of the laws of 2020, is
     7  amended to read as follows:
     8    (5-a) However, after the comptroller has  made  the  payments  to  the
     9  Nassau  county  interim  finance authority, the Buffalo fiscal stability
    10  authority, and the Erie county fiscal stability  authority  required  by
    11  paragraph three of this subdivision, for each municipality that received
    12  a  base level grant in state fiscal year two thousand eighteen-two thou-
    13  sand nineteen [but not in state fiscal year  two  thousand  nineteen-two
    14  thousand twenty] under the aid and incentives for municipalities program
    15  pursuant  to  subdivision ten of section fifty-four of the state finance
    16  law, the comptroller shall annually withhold  from  each  county  except
    17  Nassau and Erie from the remaining taxes, penalties and interest imposed
    18  by the county in which a majority of the population of such municipality
    19  resides, and on behalf of Nassau and Erie counties the comptroller shall
    20  annually  receive  from the Nassau county interim finance authority, the
    21  Buffalo fiscal stability authority, and the Erie county fiscal stability
    22  authority, an amount equal to eighty percent of  the  base  level  grant
    23  received  by  such  municipality in state fiscal year two thousand eigh-
    24  teen-two thousand nineteen and shall annually  distribute,  by  December
    25  fifteenth,  two thousand [nineteen] twenty-one and by such date annually
    26  thereafter, such amount directly to such municipality, unless such muni-
    27  cipality has a fiscal year ending May  thirty-first,  then  such  annual
    28  distribution shall be made by May fifteenth, two thousand [twenty] twen-
    29  ty-two  and  by  such date annually thereafter. No county shall have any
    30  right, title or interest in or to  the  taxes,  penalties  and  interest
    31  required to be withheld or distributed pursuant to this paragraph.
    32    §  4.  This act shall take effect immediately, provided, however, that
    33  the amendments made to paragraph 5-a of subdivision (c) of section  1261
    34  of  the  tax  law made by section three of the act shall not take effect
    35  until July 1, 2021.

    36                                   PART MM

    37    Section 1. The opening paragraph of subparagraph 2 of paragraph a  and
    38  subparagraph  2  of  paragraph  b  of subdivision 3 of section 11 of the
    39  general municipal law, the opening paragraph of subparagraph 2 of  para-
    40  graph  a as amended by section 1 of part W of chapter 406 of the laws of
    41  1999 and subparagraph 2 of paragraph b as amended by chapter 130 of  the
    42  laws of 1998, are amended to read as follows:
    43    notwithstanding  any other provision of general, special or local law,
    44  any city having a population of one million or more and any  county  may
    45  also make investments in the following:
    46    (2)  Such  obligations,  unless registered or inscribed in the name of
    47  the local government, shall be purchased through, delivered to and  held
    48  in  the  custody of a bank or trust company or, with respect to the city
    49  of New York and counties, a reputable  dealer  in  such  obligations  as
    50  shall  be designated by the state comptroller, in this state. Such obli-
    51  gations shall be purchased, sold or presented for redemption or  payment
    52  by  such  bank or trust company or dealer in obligations only in accord-
    53  ance with prior written authorization from  the  officer  authorized  to
    54  make the investment. All such transactions shall be confirmed in writing

        S. 2505                            85                            A. 3005

     1  to  the  local  government by the bank or trust company. All obligations
     2  held in the custody of a bank or trust company pursuant  to  this  para-
     3  graph  shall be held by such bank or trust company pursuant to a written
     4  custodial  agreement as set forth in paragraph a of subdivision three of
     5  section ten of this article.
     6    § 2. Paragraph b of subdivision 3 of section 11 of the general munici-
     7  pal law, as amended by chapter 548 of the laws of 1997,  is  amended  to
     8  read as follows:
     9    b. Such obligations, unless registered or inscribed in the name of the
    10  local  government,  shall be purchased through, delivered to and held in
    11  the custody of a bank or trust company or, with respect to the  city  of
    12  New  York  and counties, a reputable dealer in such obligations as shall
    13  be designated by the state comptroller, in this state. Such  obligations
    14  shall  be purchased, sold or presented for redemption or payment by such
    15  bank or trust company or dealer in obligations only in  accordance  with
    16  prior  written  authorization  from  the  officer authorized to make the
    17  investment. All such transactions shall be confirmed in writing  to  the
    18  local  government  by the bank or trust company. All obligations held in
    19  the custody of a bank or trust company pursuant to this paragraph  shall
    20  be  held  by  such bank or trust company pursuant to a written custodial
    21  agreement as set forth in paragraph a of subdivision  three  of  section
    22  ten of this article.
    23    §  3.  This  act  shall  take effect immediately, provided however the
    24  amendments to subdivision 3 of section 11 of the general  municipal  law
    25  made  by  section one of this act shall be subject to the expiration and
    26  reversion of such subdivision pursuant to section 2 of  chapter  130  of
    27  the  laws  of  1998,  as  amended, when upon such date the provisions of
    28  section two of this act shall take effect.

    29                                   PART NN

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

        S. 2505                            86                            A. 3005

     1  the matching funding and agree on the distribution and use of any match-
     2  ing funding in order to qualify for matching funding.  Each county shall
     3  be authorized to submit one consolidated application for matching  funds
     4  for  each  approved  and  transmitted  plan. All actions from a plan for
     5  which matching funds will be requested shall adhere to the same  twelve-
     6  month period beginning either January first or July first. The secretary
     7  of  state  shall develop the application with any necessary requirements
     8  for receipt of state matching funds.
     9    § 2. Subdivision 11 of section 239-bb of the general municipal law  is
    10  REPEALED.
    11    § 3. This act shall take effect immediately.

    12                                   PART OO

    13  Section  1.  Section  2  of chapter 308 of the laws of 2012 amending the
    14  general municipal law relating to providing  local  governments  greater
    15  contract  flexibility  and  cost  savings  by  permitting certain shared
    16  purchasing among political subdivisions, as amended by  chapter  211  of
    17  the laws of 2018, is amended to read as follows:
    18    §  2.  This act shall take effect immediately, and shall expire and be
    19  deemed repealed July 31, [2021] 2023.
    20    § 2. This act shall take effect immediately.

    21                                   PART PP

    22    Section 1. Section 217 of  the  county  law  is  amended  to  read  as
    23  follows:
    24    §  217.  County  jail. Each county shall continue to maintain a county
    25  jail as prescribed by law; provided, however,  this  section  shall  not
    26  prohibit contiguous counties from jointly maintaining a jail pursuant to
    27  a  shared  services agreement that has been reviewed and approved by the
    28  New York state commission of correction.  The  commission's  review  and
    29  approval of a shared services agreement shall be limited to the portions
    30  of  the  agreement  that  directly affect the care, custody, correction,
    31  treatment, supervision, discipline, and other correctional programs  for
    32  all persons confined in the jail.
    33    §  2.  Subdivision 1 of section 500-a of the correction law is amended
    34  by adding a new paragraph (h) to read as follows:
    35    (h) Notwithstanding any other law to the  contrary,  nothing  in  this
    36  subdivision  shall prohibit contiguous counties from jointly maintaining
    37  a jail pursuant to section two hundred seventeen of the county law.
    38    § 3. Subdivision 1 of section 500-c of the correction law, as added by
    39  chapter 907 of the laws of 1984, is amended to read as follows:
    40    1. Except as provided in subdivision two of this section, the  sheriff
    41  of  each  county  shall  have custody of the county jail of such county;
    42  provided however, that for contiguous  counties  jointly  maintaining  a
    43  jail  pursuant  to  section two hundred seventeen of the county law, the
    44  sheriff of the county in which such  jail  is  located  shall  regularly
    45  consult with the sheriff of any county jointly maintaining the jail.
    46    §  4. Paragraph (b) of subdivision 3 of section 259-i of the executive
    47  law, as amended by section 11 of part E of chapter 62  of  the  laws  of
    48  2003, is amended to read as follows:
    49    (b)  A  person who shall have been taken into custody pursuant to this
    50  subdivision for violation of  one  or  more  conditions  of  presumptive
    51  release,  parole, conditional release or post-release supervision shall,
    52  insofar as practicable, be incarcerated in the county or city  in  which

        S. 2505                            87                            A. 3005

     1  the  arrest  occurred.    Notwithstanding any other law to the contrary,
     2  nothing in this subdivision  shall  prohibit  contiguous  counties  from
     3  jointly  maintaining a jail pursuant to section two hundred seventeen of
     4  the county law.
     5    §  5.   Paragraph (a) of subdivision 16 of section 2 of the correction
     6  law, as amended by chapter 681 of the laws of 1990, is amended  to  read
     7  as follows:
     8    (a)  "Local correctional facility." Any place [operated] maintained by
     9  [a county] one or more contiguous counties, or the city of New York as a
    10  place for the confinement of persons  duly  committed  to  secure  their
    11  attendance  as  witnesses  in  any criminal case, charged with crime and
    12  committed for trial or  examination,  awaiting  the  availability  of  a
    13  court,  duly committed for any contempt or upon civil process, convicted
    14  of any offense and sentenced to imprisonment therein or awaiting  trans-
    15  portation  under sentence to imprisonment in a correctional facility, or
    16  pursuant to any other applicable provisions of law.
    17    § 6. Subdivision 1 of section 751 of the judiciary law, as amended  by
    18  chapter 399 of the laws of 1988, is amended to read as follows:
    19    1. Except as provided in subdivisions (2), (3) and (4), punishment for
    20  a  contempt,  specified  in section seven hundred fifty, may be by fine,
    21  not exceeding one thousand dollars, or by  imprisonment,  not  exceeding
    22  thirty  days,  in  the jail of the county where the court is sitting, or
    23  both, in the discretion of the court. If the county jail  in  which  the
    24  court  is  sitting has entered into a shared services agreement pursuant
    25  to section two hundred seventeen of the county law, the  person  may  be
    26  imprisoned  in  a  jail  in  the contiguous county that is party to such
    27  agreement. Where the punishment for contempt is based on a violation  of
    28  an  order  of  protection  issued  under section 530.12 or 530.13 of the
    29  criminal procedure law, imprisonment may be for  a  term  not  exceeding
    30  three months. Where a person is committed to jail, for the nonpayment of
    31  a fine, imposed under this section, he must be discharged at the expira-
    32  tion of thirty days; but where he is also committed for a definite time,
    33  the  thirty  days  must  be computed from the expiration of the definite
    34  time.
    35    Such a contempt, committed in the immediate view and presence  of  the
    36  court,  may  be  punished  summarily;  when  not so committed, the party
    37  charged must be notified of the accusation, and have a  reasonable  time
    38  to make a defense.
    39    §  7. Subdivision 4 of section 40 of the correction law, as amended by
    40  chapter 247 of the laws of 2018, is amended to read as follows:
    41    4. "Municipal official" means  (a)  the  sheriff  or,  where  a  local
    42  correctional  facility is under the jurisdiction of a county department,
    43  the head of such department, and clerk of the board of  supervisors,  in
    44  the case of a county jail; (b) [the] any sheriff or other officer having
    45  custody  or administrative jurisdiction and the clerk of [the] any board
    46  of supervisors, in the case of a [county penitentiary]  jail  maintained
    47  by  two  or  more  contiguous  counties  pursuant to section two hundred
    48  seventeen of the county law; (c) the clerk of the board  of  supervisors
    49  in the case of a county lockup; (d) the mayor and the city clerk, in the
    50  case of a city jail or lockup; (e) the supervisor and town clerk, in the
    51  case of a town lockup; (f) the mayor and village clerk, in the case of a
    52  village  lockup; (g) the clerk of the board of supervisors of the county
    53  wherein located and the officer having custody or control, in  the  case
    54  of a court detention pen or a hospital prison ward.

        S. 2505                            88                            A. 3005

     1    §  8. Paragraph (b) of subdivision 3 of section 430.20 of the criminal
     2  procedure law, as amended by chapter 788 of the laws of 1971, is amended
     3  to read as follows:
     4    (b)  In  any other case, commitment must be to the county jail[, work-
     5  house or penitentiary, or to a penitentiary outside the county] or, in a
     6  county jointly maintaining a jail pursuant to section two hundred seven-
     7  teen of the county law, to such jail, and the order of  commitment  must
     8  specify the institution to which the defendant is to be delivered.
     9    §  9.  Subdivision 35 of section 1.20 of the criminal procedure law is
    10  amended to read as follows:
    11    35. "Commitment to the custody of the sheriff," when referring  to  an
    12  order  of  a  court  located in a county or city which has established a
    13  department of  correction,  means  commitment  to  the  commissioner  of
    14  correction  of  such  county  or city.   When referring to an order of a
    15  court located in a county jointly maintaining a jail pursuant to section
    16  two hundred seventeen of the county law, "commitment to the  custody  of
    17  the sheriff" shall mean commitment to the sheriff of the county in which
    18  such jail is located.
    19    §  10.  Paragraph  a of subdivision 7 of section 3202 of the education
    20  law, as amended by chapter 564 of the laws of 2001, is amended  to  read
    21  as follows:
    22    a.  A person under twenty-one years of age who has not received a high
    23  school diploma and who is incarcerated in a correctional facility  main-
    24  tained  by  [a county] one or more contiguous counties or by the city of
    25  New York or in a youth shelter  is  eligible  for  educational  services
    26  pursuant  to  this subdivision and in accordance with the regulations of
    27  the commissioner. Such services shall be provided by the school district
    28  in which the facility or youth shelter is located, within the limits  of
    29  the  funds  allocated  by the commissioner for such purposes pursuant to
    30  section thirty-six hundred two of this chapter and pursuant  to  a  plan
    31  approved  by  the commissioner.  School districts shall submit such plan
    32  by July fifteenth of each school year. Boards of education  are  author-
    33  ized  to  contract  for  the provision of such educational services by a
    34  board of cooperative educational services or by  another  public  school
    35  district.
    36    § 11. This act shall take effect immediately; provided that the amend-
    37  ments  to  subdivision  1 of section 500-c of the correction law made by
    38  section three of this act shall not affect the repeal  of  such  section
    39  and shall be deemed repealed therewith.

    40                                   PART QQ

    41    Section  1. The state comptroller is hereby authorized and directed to
    42  loan money in accordance with the provisions set forth in subdivision  5
    43  of  section  4  of  the  state finance law to the following funds and/or
    44  accounts:
    45    1. DOL-Child performer protection account (20401).
    46    2. Local government records management account (20501).
    47    3. Child health plus program account (20810).
    48    4. EPIC premium account (20818).
    49    5. Education - New (20901).
    50    6. VLT - Sound basic education fund (20904).
    51    7.  Sewage  treatment  program  management  and  administration   fund
    52  (21000).
    53    8. Hazardous bulk storage account (21061).
    54    9. Utility environmental regulatory account (21064).

        S. 2505                            89                            A. 3005

     1    10. Federal grants indirect cost recovery account (21065).
     2    11. Low level radioactive waste account (21066).
     3    12. Recreation account (21067).
     4    13. Public safety recovery account (21077).
     5    14. Environmental regulatory account (21081).
     6    15. Natural resource account (21082).
     7    16. Mined land reclamation program account (21084).
     8    17. Great lakes restoration initiative account (21087).
     9    18. Environmental protection and oil spill compensation fund (21200).
    10    19. Public transportation systems account (21401).
    11    20. Metropolitan mass transportation (21402).
    12    21. Operating permit program account (21451).
    13    22. Mobile source account (21452).
    14    23. Statewide   planning   and  research  cooperative  system  account
    15  (21902).
    16    24. New York state thruway authority account (21905).
    17    25. Mental hygiene program fund account (21907).
    18    26. Mental hygiene patient income account (21909).
    19    27. Financial control board account (21911).
    20    28. Regulation of racing account (21912).
    21    29. State university dormitory income reimbursable account (21937).
    22    30. Criminal justice improvement account (21945).
    23    31. Environmental laboratory reference fee account (21959).
    24    32. Training, management and evaluation account (21961).
    25    33. Clinical laboratory reference system assessment account (21962).
    26    34. Indirect cost recovery account (21978).
    27    35. Multi-agency training account (21989).
    28    36. Bell jar collection account (22003).
    29    37. Industry and utility service account (22004).
    30    38. Real property disposition account (22006).
    31    39. Parking account (22007).
    32    40. Courts special grants (22008).
    33    41. Asbestos safety training program account (22009).
    34    42. Camp Smith billeting account (22017).
    35    43. Batavia school for the blind account (22032).
    36    44. Investment services account (22034).
    37    45. Surplus property account (22036).
    38    46. Financial oversight account (22039).
    39    47. Regulation of Indian gaming account (22046).
    40    48. Rome school for the deaf account (22053).
    41    49. Seized assets account (22054).
    42    50. Administrative adjudication account (22055).
    43    51. Federal salary sharing account (22056).
    44    52. New York City assessment account (22062).
    45    53. Cultural education account (22063).
    46    54. Local services account (22078).
    47    55. DHCR mortgage servicing account (22085).
    48    56. Housing indirect cost recovery account (22090).
    49    57. DHCR-HCA application fee account (22100).
    50    58. Low income housing monitoring account (22130).
    51    59. Corporation administration account (22135).
    52    60. New York State  Home  for  Veterans  in  the  Lower-Hudson  Valley
    53  account (22144).
    54    61. Deferred compensation administration account (22151).
    55    62. Rent revenue other New York City account (22156).
    56    63. Rent revenue account (22158).

        S. 2505                            90                            A. 3005

     1    64. Tax revenue arrearage account (22168).
     2    65. New York state medical indemnity fund account (22240).
     3    66. Behavioral health parity compliance fund (22246).
     4    67. State university general income offset account (22654).
     5    68. Lake George park trust fund account (22751).
     6    69. State police motor vehicle law enforcement account (22802).
     7    70. Highway safety program account (23001).
     8    71. DOH drinking water program account (23102).
     9    72. NYCCC operating offset account (23151).
    10    73. Commercial gaming regulation account (23702).
    11    74. Highway use tax administration account (23801).
    12    75. New York state secure choice administrative account (23806).
    13    76. Fantasy sports administration account (24951).
    14    77. Highway and bridge capital account (30051).
    15    78. Aviation purpose account (30053).
    16    79. State university residence hall rehabilitation fund (30100).
    17    80. State parks infrastructure account (30351).
    18    81. Clean water/clean air implementation fund (30500).
    19    82. Hazardous waste remedial cleanup account (31506).
    20    83. Youth facilities improvement account (31701).
    21    84. Housing assistance fund (31800).
    22    85. Housing program fund (31850).
    23    86. Highway facility purpose account (31951).
    24    87. Information technology capital financing account (32215).
    25    88. New York racing account (32213).
    26    89. Capital miscellaneous gifts account (32214).
    27    90.  New  York  environmental protection and spill remediation account
    28  (32219).
    29    91. Mental hygiene facilities capital improvement fund (32300).
    30    92. Correctional facilities capital improvement fund (32350).
    31    93. New York State Storm Recovery Capital Fund (33000).
    32    94. OGS convention center account (50318).
    33    95. Empire Plaza Gift Shop (50327).
    34    96. Centralized services fund (55000).
    35    97. Archives records management account (55052).
    36    98. Federal single audit account (55053).
    37    99. Civil service EHS occupational health program account (55056).
    38    100. Banking services account (55057).
    39    101. Cultural resources survey account (55058).
    40    102. Neighborhood work project account (55059).
    41    103. Automation & printing chargeback account (55060).
    42    104. OFT NYT account (55061).
    43    105. Data center account (55062).
    44    106. Intrusion detection account (55066).
    45    107. Domestic violence grant account (55067).
    46    108. Centralized technology services account (55069).
    47    109. Labor contact center account (55071).
    48    110. Human services contact center account (55072).
    49    111. Tax contact center account (55073).
    50    112. Department of law civil recoveries account (55074).
    51    113. Executive direction internal audit account (55251).
    52    114. CIO Information technology centralized services account (55252).
    53    115. Health insurance internal service account (55300).
    54    116. Civil service employee benefits division  administrative  account
    55  (55301).
    56    117. Correctional industries revolving fund (55350).

        S. 2505                            91                            A. 3005

     1    118. Employees health insurance account (60201).
     2    119. Medicaid management information system escrow fund (60900).
     3    120. New York state cannabis revenue fund.
     4    § 1-a. The state comptroller is hereby authorized and directed to loan
     5  money  in  accordance  with the provisions set forth in subdivision 5 of
     6  section 4 of the state finance law to any account within  the  following
     7  federal  funds,  provided  the comptroller has made a determination that
     8  sufficient federal grant award authority is available to reimburse  such
     9  loans:
    10    1. Federal USDA-food and nutrition services fund (25000).
    11    2. Federal health and human services fund (25100).
    12    3. Federal education fund (25200).
    13    4. Federal block grant fund (25250).
    14    5. Federal miscellaneous operating grants fund (25300).
    15    6. Federal unemployment insurance administration fund (25900).
    16    7. Federal unemployment insurance occupational training fund (25950).
    17    8. Federal emergency employment act fund (26000).
    18    9. Federal capital projects fund (31350).
    19    §  2.  Notwithstanding any law to the contrary, and in accordance with
    20  section 4 of the state finance law, the comptroller is hereby authorized
    21  and directed to transfer, upon request of the director of the budget, on
    22  or before March 31, 2022, up to the unencumbered balance or the  follow-
    23  ing amounts:
    24    Economic Development and Public Authorities:
    25    1. $1,175,000 from the miscellaneous special revenue fund, underground
    26  facilities safety training account (22172), to the general fund.
    27    2.  An  amount  up  to the unencumbered balance from the miscellaneous
    28  special revenue fund, business and licensing services  account  (21977),
    29  to the general fund.
    30    3.  $14,810,000  from  the  miscellaneous  special  revenue fund, code
    31  enforcement account (21904), to the general fund.
    32    4. $3,000,000 from the  general  fund  to  the  miscellaneous  special
    33  revenue fund, tax revenue arrearage account (22168).
    34    Education:
    35    1.  $2,520,000,000  from  the  general fund to the state lottery fund,
    36  education account (20901), as reimbursement for disbursements made  from
    37  such  fund for supplemental aid to education pursuant to section 92-c of
    38  the state finance law that are in excess of  the  amounts  deposited  in
    39  such fund for such purposes pursuant to section 1612 of the tax law.
    40    2.  $746,000,000  from the general fund to the state lottery fund, VLT
    41  education account (20904), as reimbursement for disbursements made  from
    42  such  fund for supplemental aid to education pursuant to section 92-c of
    43  the state finance law that are in excess of  the  amounts  deposited  in
    44  such fund for such purposes pursuant to section 1612 of the tax law.
    45    3. $125,600,000 from the general fund to the New York state commercial
    46  gaming fund, commercial gaming revenue account (23701), as reimbursement
    47  for  disbursements made from such fund for supplemental aid to education
    48  pursuant to section 97-nnnn of the state finance law that are in  excess
    49  of  the  amounts deposited in such fund for purposes pursuant to section
    50  1352 of the racing, pari-mutuel wagering and breeding law.
    51    4. $6,000,000 from the interactive fantasy sports fund, fantasy sports
    52  education account (24950), to the state lottery fund, education  account
    53  (20901),  as  reimbursement  for  disbursements  made from such fund for
    54  supplemental aid to education pursuant to  section  92-c  of  the  state
    55  finance law.

        S. 2505                            92                            A. 3005

     1    5.  An amount up to the unencumbered balance from the charitable gifts
     2  trust fund, elementary and secondary education account (24901),  to  the
     3  general fund, for payment of general support for public schools pursuant
     4  to section 3609-a of the education law.
     5    6. Moneys from the state lottery fund (20900) up to an amount deposit-
     6  ed in such fund pursuant to section 1612 of the tax law in excess of the
     7  current year appropriation for supplemental aid to education pursuant to
     8  section 92-c of the state finance law.
     9    7.  $300,000  from the New York state local government records manage-
    10  ment improvement  fund,  local  government  records  management  account
    11  (20501), to the New York state archives partnership trust fund, archives
    12  partnership trust maintenance account (20351).
    13    8. $900,000 from the general fund to the miscellaneous special revenue
    14  fund, Batavia school for the blind account (22032).
    15    9. $900,000 from the general fund to the miscellaneous special revenue
    16  fund, Rome school for the deaf account (22053).
    17    10.  $343,400,000  from  the  state  university  dormitory income fund
    18  (40350) to the miscellaneous  special  revenue  fund,  state  university
    19  dormitory income reimbursable account (21937).
    20    11.  $8,318,000  from  the general fund to the state university income
    21  fund, state university income offset account (22654),  for  the  state's
    22  share of repayment of the STIP loan.
    23    12. $68,000,000 from the state university income fund, state universi-
    24  ty hospitals income reimbursable account (22656) to the general fund for
    25  hospital  debt  service  for  the period April 1, 2021 through March 31,
    26  2022.
    27    13. $7,850,000 from the miscellaneous special revenue fund, office  of
    28  the  professions  account (22051), to the miscellaneous capital projects
    29  fund, office of the professions electronic licensing account (32222).
    30    14. $24,000,000 from any of the state education  department's  special
    31  revenue  and internal service funds to the miscellaneous special revenue
    32  fund, indirect cost recovery account (21978).
    33    15. $4,200,000 from any of the state  education  department's  special
    34  revenue or internal service funds to the capital projects fund (30000).
    35    16.  $1,500,000 from the miscellaneous special revenue fund, office of
    36  the professions  account (22051), to the general fund from fees  charged
    37  to  each non-licensee owner of a firm that is incorporating as a profes-
    38  sional  service corporation formed to lawfully engage in the practice of
    39  public accountancy.
    40    17. $12,500,000 from the School Capital Facilities  Financing  Reserve
    41  Fund  to  the    Capital  Projects Fund account (30000), for excess debt
    42  service reserve fund balances related to  bonds  that  have  been  fully
    43  retired.   Such excess funds shall be used to support the development of
    44  a modernized State aid data system for the education department.
    45    Environmental Affairs:
    46    1. $16,000,000 from any of the department of  environmental  conserva-
    47  tion's  special  revenue federal funds, and/or federal capital funds, to
    48  the environmental conservation special revenue  fund,  federal  indirect
    49  recovery account (21065).
    50    2.  $5,000,000  from  any of the department of environmental conserva-
    51  tion's special revenue federal funds, and/or federal capital  funds,  to
    52  the  conservation  fund  (21150)  or Marine Resources Account (21151) as
    53  necessary to avoid diversion of conservation funds.
    54    3. $3,000,000 from any of the office of parks, recreation and historic
    55  preservation capital projects federal funds and special revenue  federal

        S. 2505                            93                            A. 3005

     1  funds  to the miscellaneous special revenue fund, federal grant indirect
     2  cost recovery account (22188).
     3    4. $1,000,000 from any of the office of parks, recreation and historic
     4  preservation  special revenue federal funds to the miscellaneous capital
     5  projects fund, I love NY water account (32212).
     6    5. $28,000,000 from the general fund to the  environmental  protection
     7  fund, environmental protection fund transfer account (30451).
     8    6.  $1,800,000  from  the general fund to the hazardous waste remedial
     9  fund, hazardous waste oversight and assistance account (31505).
    10    7. An amount up to or equal to the cash  balance  within  the  special
    11  revenue-other  waste management & cleanup account (21053) to the capital
    12  projects fund (30000) for services and capital expenses related  to  the
    13  management  and  cleanup  program as put forth in section 27-1915 of the
    14  environmental conservation law.
    15    8. $1,800,000 from the  miscellaneous  special  revenue  fund,  public
    16  service account (22011) to the miscellaneous special revenue fund, util-
    17  ity environmental regulatory account (21064).
    18    9. $7,000,000 from the general fund to the enterprise fund, state fair
    19  account (50051).
    20    10.  $4,000,000 from the waste management & cleanup account (21053) to
    21  the general fund.
    22    11. $3,000,000 from the waste management & cleanup account (21053)  to
    23  the environmental protection fund transfer account (30451).
    24    Family Assistance:
    25    1.  $7,000,000 from any of the office of children and family services,
    26  office of temporary and disability assistance, or department  of  health
    27  special  revenue  federal funds and the general fund, in accordance with
    28  agreements with social services districts, to the miscellaneous  special
    29  revenue  fund, office of human resources development state match account
    30  (21967).
    31    2. $4,000,000 from any of the office of children and  family  services
    32  or office of temporary and disability assistance special revenue federal
    33  funds to the miscellaneous special revenue fund, family preservation and
    34  support services and family violence services account (22082).
    35    3. $18,670,000 from any of the office of children and family services,
    36  office  of  temporary and disability assistance, or department of health
    37  special revenue federal  funds  and  any  other  miscellaneous  revenues
    38  generated  from  the operation of office of children and family services
    39  programs to the general fund.
    40    4. $175,000,000 from any of the office  of  temporary  and  disability
    41  assistance  or department of health special revenue funds to the general
    42  fund.
    43    5. $2,500,000 from any of  the  office  of  temporary  and  disability
    44  assistance  special  revenue  funds to the miscellaneous special revenue
    45  fund, office of temporary  and  disability  assistance  program  account
    46  (21980).
    47    6. $35,000,000 from any of the office of children and family services,
    48  office  of temporary and disability assistance, department of labor, and
    49  department of health special revenue federal  funds  to  the  office  of
    50  children  and family services miscellaneous special revenue fund, multi-
    51  agency training contract account (21989).
    52    7. $205,000,000 from the miscellaneous  special  revenue  fund,  youth
    53  facility per diem account (22186), to the general fund.
    54    8.  $621,850  from the general fund to the combined gifts, grants, and
    55  bequests fund, WB Hoyt Memorial account (20128).

        S. 2505                            94                            A. 3005

     1    9. $5,000,000 from  the  miscellaneous  special  revenue  fund,  state
     2  central registry (22028), to the general fund.
     3    General Government:
     4    1. $1,566,000 from the miscellaneous special revenue fund, examination
     5  and miscellaneous revenue account (22065) to the general fund.
     6    2. $12,000,000 from the general fund to the health insurance revolving
     7  fund (55300).
     8    3.  $292,400,000  from  the  health  insurance  reserve  receipts fund
     9  (60550) to the general fund.
    10    4. $150,000 from the general fund to the not-for-profit revolving loan
    11  fund (20650).
    12    5. $150,000 from the not-for-profit revolving loan fund (20650) to the
    13  general fund.
    14    6. $3,000,000 from the miscellaneous  special  revenue  fund,  surplus
    15  property account (22036), to the general fund.
    16    7.  $19,000,000  from  the miscellaneous special revenue fund, revenue
    17  arrearage account (22024), to the general fund.
    18    8. $1,826,000 from the miscellaneous  special  revenue  fund,  revenue
    19  arrearage  account  (22024),  to the miscellaneous special revenue fund,
    20  authority budget office account (22138).
    21    9. $1,000,000 from the  agencies  enterprise  fund,  parking  services
    22  account (22007), to the general fund, for the purpose of reimbursing the
    23  costs of debt service related to state parking facilities.
    24    10. $3,435,000 from the general fund to the centralized services fund,
    25  COPS account (55013).
    26    11. $11,460,000 from the general fund to the agencies internal service
    27  fund,  central  technology  services account (55069), for the purpose of
    28  enterprise technology projects.
    29    12. $10,000,000 from the general fund to the agencies internal service
    30  fund, state data center account (55062).
    31    13. $12,000,000 from the agencies enterprise  fund,  parking  services
    32  account  (22007), to the centralized services, building support services
    33  account (55018).
    34    14. $30,000,000 from the general fund to the  internal  service  fund,
    35  business services center account (55022).
    36    15.  $8,000,000  from  the  general fund to the internal service fund,
    37  building support services account (55018).
    38    16. $1,500,000 from  the  agencies  enterprise  fund,  special  events
    39  account (20120), to the general fund.
    40    Health:
    41    1.  A transfer from the general fund to the combined gifts, grants and
    42  bequests fund, breast cancer research and education account (20155),  up
    43  to  an  amount  equal  to  the  monies collected and deposited into that
    44  account in the previous fiscal year.
    45    2. A transfer from the general fund to the combined gifts, grants  and
    46  bequests  fund,  prostate  cancer  research,  detection,  and  education
    47  account (20183), up to an amount  equal  to  the  moneys  collected  and
    48  deposited into that account in the previous fiscal year.
    49    3.  A transfer from the general fund to the combined gifts, grants and
    50  bequests fund,  Alzheimer's  disease  research  and  assistance  account
    51  (20143),  up  to  an  amount equal to the moneys collected and deposited
    52  into that account in the previous fiscal year.
    53    4. $20,294,000 from the HCRA resources fund (20800) to  the  miscella-
    54  neous  special  revenue  fund, empire state stem cell trust fund account
    55  (22161).

        S. 2505                            95                            A. 3005

     1    5. $2,000,000 from the miscellaneous special revenue fund, certificate
     2  of need account (21920), to the  miscellaneous  capital  projects  fund,
     3  healthcare IT capital subfund (32216).
     4    6.  $2,000,000  from  the  miscellaneous  special  revenue fund, vital
     5  health records account (22103), to the  miscellaneous  capital  projects
     6  fund, healthcare IT capital subfund (32216).
     7    7.  $6,000,000  from  the  miscellaneous special revenue fund, profes-
     8  sional medical conduct account (22088),  to  the  miscellaneous  capital
     9  projects fund, healthcare IT capital subfund (32216).
    10    8.  $91,304,000  from  the  HCRA resources fund (20800) to the capital
    11  projects fund (30000).
    12    9. $6,550,000 from the general fund to  the  medical  marihuana  trust
    13  fund, health operation and oversight account (23755).
    14    10. An amount up to the unencumbered balance from the charitable gifts
    15  trust  fund, health charitable account (24900), to the general fund, for
    16  payment of general support for primary, preventive, and inpatient health
    17  care, dental and vision care, hunger prevention and nutritional  assist-
    18  ance,  and  other services for New York state residents with the overall
    19  goal of ensuring that New York state residents have  access  to  quality
    20  health care and other related services.
    21    11.  $500,000  from  the  miscellaneous special revenue fund, New York
    22  State cannabis revenue fund, to the miscellaneous special revenue  fund,
    23  environmental laboratory fee account (21959).
    24    12.  An  amount  up to the unencumbered balance from the public health
    25  emergency charitable gifts trust fund to the general fund,  for  payment
    26  of  goods  and services necessary to respond to a public health disaster
    27  emergency or to assist or aid in responding to such a disaster.
    28    13. $2,585,000 from the miscellaneous special  revenue  fund,  patient
    29  safety center account (22140), to the general fund.
    30    14.  $1,000,000  from  the miscellaneous special revenue fund, nursing
    31  home receivership account (21925), to the general fund.
    32    15. $133,000 from the miscellaneous special revenue fund,  quality  of
    33  care account (21915), to the general fund.
    34    16. $2,200,000 from the miscellaneous special revenue fund, adult home
    35  quality enhancement account (22091), to the general fund.
    36    Labor:
    37    1.  $600,000  from the miscellaneous special revenue fund, DOL fee and
    38  penalty account (21923), to the child performer's protection fund, child
    39  performer protection account (20401).
    40    2. $11,700,000 from the unemployment insurance  interest  and  penalty
    41  fund,  unemployment  insurance  special  interest  and  penalty  account
    42  (23601), to the general fund.
    43    3. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
    44  ment insurance special interest and penalty account (23601), and  public
    45  work enforcement account (21998), to the general fund.
    46    Mental Hygiene:
    47    1.  $10,000,000  from  the  general fund, to the miscellaneous special
    48  revenue fund, federal salary sharing account (22056).
    49    2. $3,800,000 from the general fund, to the agencies internal  service
    50  fund, civil service EHS occupational health program account (55056).
    51    3.  $3,000,000  from  the  chemical dependence service fund, substance
    52  abuse services fund account  (22700),  to  the  mental  hygiene  capital
    53  improvement fund (32305).
    54    Public Protection:
    55    1.  $1,350,000  from the miscellaneous special revenue fund, emergency
    56  management account (21944), to the general fund.

        S. 2505                            96                            A. 3005

     1    2. $2,587,000 from the  general  fund  to  the  miscellaneous  special
     2  revenue fund, recruitment incentive account (22171).
     3    3.  $20,773,000  from  the general fund to the correctional industries
     4  revolving  fund,  correctional  industries  internal   service   account
     5  (55350).
     6    4.  $2,000,000,000  from  any of the division of homeland security and
     7  emergency services special revenue federal funds to the general fund.
     8    5. $11,149,000 from the miscellaneous special revenue  fund,  criminal
     9  justice improvement account (21945), to the general fund.
    10    6.  $115,420,000  from  the state police motor vehicle law enforcement
    11  and motor vehicle theft  and  insurance  fraud  prevention  fund,  state
    12  police  motor  vehicle  enforcement account (22802), to the general fund
    13  for state operation expenses of the division of state police.
    14    7. $131,500,000 from the general fund to the  correctional  facilities
    15  capital improvement fund (32350).
    16    8.  $5,000,000  from  the  general  fund  to the dedicated highway and
    17  bridge trust fund (30050) for the purpose of work zone safety activities
    18  provided by the division of state police for the department of transpor-
    19  tation.
    20    9. $10,000,000 from the miscellaneous special revenue fund,  statewide
    21  public  safety  communications  account (22123), to the capital projects
    22  fund (30000).
    23    10. $9,830,000 from the  miscellaneous  special  revenue  fund,  legal
    24  services assistance account (22096), to the general fund.
    25    11.  $1,000,000 from the general fund to the agencies internal service
    26  fund, neighborhood work project account (55059).
    27    12. $7,980,000 from the miscellaneous special  revenue  fund,  finger-
    28  print identification & technology account (21950), to the general fund.
    29    13. $1,100,000 from the state police motor vehicle law enforcement and
    30  motor  vehicle  theft and insurance fraud prevention fund, motor vehicle
    31  theft and insurance fraud account (22801), to the general fund.
    32    14. $30,500,000 from the miscellaneous special revenue fund, statewide
    33  public safety communications account (22123), to the general fund.
    34    Transportation:
    35    1. $20,000,000 from the general fund to the mass transportation  oper-
    36  ating  assistance  fund, public transportation systems operating assist-
    37  ance account (21401), of which $12,000,000 constitutes the base need for
    38  operations.
    39    2. $727,500,000 from the general fund to  the  dedicated  highway  and
    40  bridge trust fund (30050).
    41    3.  $244,250,000 from the general fund to the MTA financial assistance
    42  fund, mobility tax trust account (23651).
    43    4. $5,000,000 from the miscellaneous special revenue fund, transporta-
    44  tion regulation account (22067) to  the  dedicated  highway  and  bridge
    45  trust  fund  (30050),  for  disbursements  made from such fund for motor
    46  carrier safety that are in excess of the amounts deposited in the  dedi-
    47  cated highway and bridge trust fund (30050) for such purpose pursuant to
    48  section 94 of the transportation law.
    49    5.  $3,000,000  from  the  miscellaneous special revenue fund, traffic
    50  adjudication account (22055), to the general fund.
    51    6. $8,557,000 from the mass transportation operating assistance  fund,
    52  metropolitan  mass  transportation operating assistance account (21402),
    53  to the capital projects fund (30000).
    54    7. $5,000,000 from the miscellaneous special revenue fund, transporta-
    55  tion regulation account (22067) to the general fund,  for  disbursements
    56  made  from  such fund for motor carrier safety that are in excess of the

        S. 2505                            97                            A. 3005

     1  amounts deposited in the general  fund  for  such  purpose  pursuant  to
     2  section 94 of the transportation law.
     3    8.  $4,721,000 from the mass transportation operating assistance fund,
     4  public transportation systems operating assistance account  (21401),  to
     5  the general fund.
     6    9.  $107,474,000  from  the  mass  transportation operating assistance
     7  fund, metropolitan  mass  transportation  operating  assistance  account
     8  (21402), to the general fund.
     9    10.  $22,557,000  from  the  dedicated mass transportation trust fund,
    10  transit account (20851), to the general fund.
    11    11. $3,985,000 from the  dedicated  mass  transportation  trust  fund,
    12  commuter rail account (20852), to the general fund.
    13    12.  $2,372,000  from  the  dedicated  mass transportation trust fund,
    14  non-MTA account (20853), to the general fund.
    15    13. $12,552,000 from the metropolitan transportation authority  finan-
    16  cial assistance fund, mobility tax trust account (23651), to the general
    17  fund.
    18    14.  $6,552,000 from the New York central business district trust fund
    19  (23653) to the general fund.
    20    Miscellaneous:
    21    1. $250,000,000 from the general fund to any funds or accounts for the
    22  purpose of reimbursing certain outstanding accounts receivable  balances
    23  or  fund  spending expected to be incurred to maintain essential govern-
    24  mental operations which are in excess of available cash resulting from a
    25  reduction of dedicated revenue sources that  were  waived  or  otherwise
    26  impacted  by  reduced utilization directly or indirectly associated with
    27  executive order and/or  societal  response  to  the  novel  coronavirus,
    28  COVID-19.
    29    2.  $500,000,000  from  the general fund to the debt reduction reserve
    30  fund (40000).
    31    3. $450,000,000 from the New York state storm  recovery  capital  fund
    32  (33000) to the revenue bond tax fund (40152).
    33    4.  $15,500,000  from  the general fund, community projects account GG
    34  (10256), to the general fund, state purposes account (10050).
    35    5. $100,000,000 from any special revenue federal fund to  the  general
    36  fund, state purposes account (10050).
    37    §  3.  Notwithstanding any law to the contrary, and in accordance with
    38  section 4 of the state finance law, the comptroller is hereby authorized
    39  and directed to transfer, on or before March 31, 2022:
    40    1. Upon request of the commissioner of environmental conservation,  up
    41  to  $12,745,400 from revenues credited to any of the department of envi-
    42  ronmental conservation special revenue funds, including $4,000,000  from
    43  the  environmental  protection  and oil spill compensation fund (21200),
    44  and $1,834,600 from the conservation fund (21150), to the  environmental
    45  conservation special revenue fund, indirect charges account (21060).
    46    2.  Upon request of the commissioner of agriculture and markets, up to
    47  $3,000,000 from any special revenue fund or enterprise fund  within  the
    48  department of agriculture and markets to the general fund, to pay appro-
    49  priate administrative expenses.
    50    3.  Upon request of the commissioner of agriculture and markets, up to
    51  $2,000,000 from the state exposition special fund, state  fair  receipts
    52  account  (50051)  to the miscellaneous capital projects fund, state fair
    53  capital improvement account (32208).
    54    4. Upon request of the commissioner of the  division  of  housing  and
    55  community  renewal, up to $6,221,000 from revenues credited to any divi-
    56  sion of housing and community renewal federal or  miscellaneous  special

        S. 2505                            98                            A. 3005

     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, 2022, 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, 2022, 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, 2022, 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, 2022.
    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  $978,934,300  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, 2021 through June 30, 2022 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. 2505                            99                            A. 3005

     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,  2021 to June 30, 2022 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, 2022.
    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, 2022.
    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 $1 billion 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 2021-22 budget. Transfers  from  federal  funds,  debt
    56  service  funds,  capital projects funds, the community projects fund, or

        S. 2505                            100                           A. 3005

     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 up to $20,000,000 for the state fiscal
    48  year commencing April 1, 2021, 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  2022: (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. 2505                            101                           A. 3005

     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, 2022 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 20 of part JJ of chapter 56 of the laws of 2020, 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  [twenty]  twenty-one,  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  [$2,073,116,000]  $586,503,000,  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 [twenty] twenty-one.
    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, 2022, 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.  $7,502,241  from  the  miscellaneous  special  revenue fund, state
    45  university general income reimbursable account (22653).
    46    9. $135,656,957 from the miscellaneous  special  revenue  fund,  state
    47  university revenue offset account (22655).
    48    10. $49,329,802 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. Subdivision 5 of section 4 of the state finance law, as amended
    53  by section 16 of part PP of chapter 56 of the laws of 2009,  is  amended
    54  to read as follows:
    55    5.  No  money  or  other  financial  resources shall be transferred or
    56  temporarily loaned from one fund to another without  specific  statutory

        S. 2505                            102                           A. 3005

     1  authorization  for such transfer or temporary loan, except that money or
     2  other financial resources of a fund may be  temporarily  loaned  to  the
     3  general  fund during the state fiscal year provided that such loan shall
     4  be  repaid  in  full no later than [(a) four months after it was made or
     5  (b) by] the end of the same fiscal year in which it was made, [whichever
     6  period is shorter,] so that an accurate accounting and reporting of  the
     7  balance of financial resources in each fund may be made. The comptroller
     8  is  hereby authorized to temporarily loan money from the general fund or
     9  any other fund to the fund/accounts that are  authorized  to  receive  a
    10  loan. Such loans shall be limited to the amounts immediately required to
    11  meet  disbursements,  made  in  pursuance of an appropriation by law and
    12  authorized by a certificate of approval issued by the  director  of  the
    13  budget  with  copies thereof filed with the comptroller and the chair of
    14  the senate finance committee and the chair  of  the  assembly  ways  and
    15  means  committee.  The  director  of  the  budget shall not issue such a
    16  certificate unless he or she shall have determined that the  amounts  to
    17  be  so  loaned  are  receivable on account. When making loans, the comp-
    18  troller shall establish appropriate accounts and  if  the  loan  is  not
    19  repaid  by  the end of the month, provide on or before the fifteenth day
    20  of the following month to the director of the budget, the chair  of  the
    21  senate  finance  committee  and the chair of the assembly ways and means
    22  committee, an accurate accounting and report of the financial  resources
    23  of  each  such  fund  at  the  end of such month. Within ten days of the
    24  receipt of such accounting and reporting, the  director  of  the  budget
    25  shall  provide  the  comptroller  and  the  chair  of the senate finance
    26  committee and the chair of the assembly  ways  and  means  committee  an
    27  expected  schedule of repayment by fund and by source for each outstand-
    28  ing loan. Repayment shall be made by the comptroller from the first cash
    29  receipt of this fund.
    30    § 23. The opening paragraph of subdivision 3 of section  93-b  of  the
    31  state  finance  law,  as amended by section 1 of part M of chapter 57 of
    32  the laws of 2016, is amended to read as follows:
    33    Notwithstanding any other provisions of law to the contrary, [commenc-
    34  ing on April first, two thousand fifteen, and continuing  through  March
    35  thirty-first,  two  thousand  twenty-one,]  the  comptroller  is  hereby
    36  authorized to transfer monies from the dedicated infrastructure  invest-
    37  ment  fund  to  the general fund, and from the general fund to the dedi-
    38  cated infrastructure investment fund, in an  amount  determined  by  the
    39  director  of  the budget to the extent moneys are available in the fund;
    40  provided, however, that the comptroller is only authorized  to  transfer
    41  monies  from the dedicated infrastructure investment fund to the general
    42  fund in the event of an economic downturn as described in paragraph  (a)
    43  of  this subdivision; and/or to fulfill disallowances and/or settlements
    44  related to over-payments of federal medicare and  medicaid  revenues  in
    45  excess of one hundred million dollars from anticipated levels, as deter-
    46  mined  by  the  director of the budget and described in paragraph (b) of
    47  this subdivision.
    48    § 24. Notwithstanding any  other  law,  rule,  or  regulation  to  the
    49  contrary, the state comptroller is hereby authorized and directed to use
    50  any  balance  remaining  in the mental health services fund debt service
    51  appropriation, after payment by the state comptroller of all obligations
    52  required pursuant to any lease, sublease, or other financing arrangement
    53  between the dormitory authority of the state of New York as successor to
    54  the New York state medical  care  facilities  finance  agency,  and  the
    55  facilities development corporation pursuant to chapter 83 of the laws of
    56  1995  and  the  department  of  mental hygiene for the purpose of making

        S. 2505                            103                           A. 3005

     1  payments to the dormitory authority of the state of  New  York  for  the
     2  amount  of  the  earnings  for the investment of monies deposited in the
     3  mental health services fund that such agency determines will or may have
     4  to  be  rebated  to the federal government pursuant to the provisions of
     5  the internal revenue code of 1986, as amended, in order to  enable  such
     6  agency  to  maintain  the  exemption from federal income taxation on the
     7  interest paid to the holders of such agency's mental services facilities
     8  improvement revenue bonds. Annually on or before each  June  30th,  such
     9  agency  shall  certify to the state comptroller its determination of the
    10  amounts received in the mental health services fund as a result  of  the
    11  investment  of  monies  deposited  therein  that  will or may have to be
    12  rebated to the federal government pursuant  to  the  provisions  of  the
    13  internal revenue code of 1986, as amended.
    14    § 25. Subdivision 1 of section 16 of part D of chapter 389 of the laws
    15  of  1997,  relating  to  the  financing  of  the correctional facilities
    16  improvement fund and the youth facility improvement fund, as amended  by
    17  section  28  of part JJ of chapter 56 of the laws of 2020, is amended to
    18  read as follows:
    19    1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
    20  notwithstanding the provisions of section 18 of section 1 of chapter 174
    21  of the laws of 1968, the New York state urban development corporation is
    22  hereby  authorized  to  issue  bonds,  notes and other obligations in an
    23  aggregate principal amount not to exceed [eight  billion  eight  hundred
    24  seventeen    million    two   hundred   ninety-nine   thousand   dollars
    25  $8,817,299,000] nine billion one hundred thirty-nine million six hundred
    26  nineteen thousand dollars $9,139,619,000, and shall include  all  bonds,
    27  notes and other obligations issued pursuant to chapter 56 of the laws of
    28  1983,  as  amended or supplemented. The proceeds of such bonds, notes or
    29  other obligations shall be paid to the state, for deposit in the correc-
    30  tional facilities capital improvement fund to pay for all or any portion
    31  of the amount or amounts paid by the state from appropriations or  reap-
    32  propriations  made to the department of corrections and community super-
    33  vision from the correctional facilities  capital  improvement  fund  for
    34  capital  projects.  The  aggregate amount of bonds, notes or other obli-
    35  gations authorized to be issued pursuant to this section  shall  exclude
    36  bonds,  notes  or  other obligations issued to refund or otherwise repay
    37  bonds, notes or other obligations theretofore issued,  the  proceeds  of
    38  which  were  paid  to  the  state  for  all  or a portion of the amounts
    39  expended by the state from appropriations or  reappropriations  made  to
    40  the  department  of  corrections  and  community  supervision; provided,
    41  however, that upon any such refunding or repayment the  total  aggregate
    42  principal amount of outstanding bonds, notes or other obligations may be
    43  greater  than [eight billion eight hundred seventeen million two hundred
    44  ninety-nine thousand dollars $8,817,299,000] nine  billion  one  hundred
    45  thirty-nine    million    six    hundred   nineteen   thousand   dollars
    46  $9,139,619,000, only if the present value of the aggregate debt  service
    47  of  the  refunding  or repayment bonds, notes or other obligations to be
    48  issued shall not exceed the present value of the aggregate debt  service
    49  of  the  bonds,  notes or other obligations so to be refunded or repaid.
    50  For the purposes hereof, the present value of the aggregate debt service
    51  of the refunding or repayment bonds, notes or other obligations  and  of
    52  the  aggregate  debt service of the bonds, notes or other obligations so
    53  refunded or repaid, shall  be  calculated  by  utilizing  the  effective
    54  interest  rate of the refunding or repayment bonds, notes or other obli-
    55  gations, which shall be that rate arrived at by doubling the semi-annual
    56  interest rate (compounded semi-annually) necessary to discount the  debt

        S. 2505                            104                           A. 3005

     1  service  payments  on  the  refunding or repayment bonds, notes or other
     2  obligations from the payment dates thereof to the date of issue  of  the
     3  refunding  or  repayment  bonds,  notes  or other obligations and to the
     4  price  bid  including estimated accrued interest or proceeds received by
     5  the corporation including estimated accrued interest from the sale ther-
     6  eof.
     7    § 26. Subdivision (a) of section 27 of part Y of  chapter  61  of  the
     8  laws  of  2005,  relating to providing for the administration of certain
     9  funds and accounts related  to  the  2005-2006  budget,  as  amended  by
    10  section  29  of part JJ of chapter 56 of the laws of 2020, is amended to
    11  read as follows:
    12    (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
    13  notwithstanding  any provisions of law to the contrary, the urban devel-
    14  opment corporation is hereby authorized to issue bonds or notes  in  one
    15  or  more  series  in  an aggregate principal amount not to exceed [three
    16  hundred twenty-three million one hundred thousand dollars  $323,100,000]
    17  three   hundred   seventy-four  million  six  hundred  thousand  dollars
    18  $374,600,000, excluding bonds issued to finance one or more debt service
    19  reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
    20  notes issued to refund or otherwise repay such bonds or notes previously
    21  issued,  for  the  purpose  of  financing  capital projects including IT
    22  initiatives for the division of state police, debt service  and  leases;
    23  and to reimburse the state general fund for disbursements made therefor.
    24  Such  bonds  and  notes of such authorized issuer shall not be a debt of
    25  the state, and the state shall not be liable thereon, nor shall they  be
    26  payable  out  of any funds other than those appropriated by the state to
    27  such authorized issuer for debt service and related expenses pursuant to
    28  any service contract  executed  pursuant  to  subdivision  (b)  of  this
    29  section  and  such  bonds  and notes shall contain on the face thereof a
    30  statement to such effect. Except for  purposes  of  complying  with  the
    31  internal revenue code, any interest income earned on bond proceeds shall
    32  only be used to pay debt service on such bonds.
    33    §  27.  Subdivision 3 of section 1285-p of the public authorities law,
    34  as amended by section 30 of part JJ of chapter 56 of the laws  of  2020,
    35  is amended to read as follows:
    36    3.  The  maximum amount of bonds that may be issued for the purpose of
    37  financing  environmental  infrastructure  projects  authorized  by  this
    38  section  shall  be  [six  billion three hundred seventy-four million ten
    39  thousand  dollars  $6,374,010,000]  seven  billion  one  hundred  thirty
    40  million  ten  thousand dollars $7,130,010,000, exclusive of bonds issued
    41  to fund any debt service reserve funds, pay costs of  issuance  of  such
    42  bonds,  and  bonds or notes issued to refund or otherwise repay bonds or
    43  notes previously issued. Such bonds and notes of the  corporation  shall
    44  not  be  a debt of the state, and the state shall not be liable thereon,
    45  nor shall they be payable out of any funds other than those appropriated
    46  by the state to the corporation for debt service  and  related  expenses
    47  pursuant  to  any service contracts executed pursuant to subdivision one
    48  of this section, and such bonds and notes  shall  contain  on  the  face
    49  thereof a statement to such effect.
    50    §  28.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
    51  laws of 2002, relating to providing for the  administration  of  certain
    52  funds  and  accounts  related  to  the  2002-2003  budget, as amended by
    53  section 31 of part JJ of chapter 56 of the laws of 2020, is  amended  to
    54  read as follows:
    55    (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
    56  notwithstanding the provisions of section 18 of  the  urban  development

        S. 2505                            105                           A. 3005

     1  corporation  act, the corporation is hereby authorized to issue bonds or
     2  notes in one or more series in an  aggregate  principal  amount  not  to
     3  exceed  [three  hundred  fourteen  million  dollars  $314,000,000] three
     4  hundred  forty-seven million five hundred thousand dollars $347,500,000,
     5  excluding bonds issued to fund one or more debt service  reserve  funds,
     6  to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
     7  refund or otherwise repay such bonds or notes previously issued, for the
     8  purpose of financing capital costs  related  to  homeland  security  and
     9  training  facilities  for  the division of state police, the division of
    10  military and naval affairs, and any other state  agency,  including  the
    11  reimbursement  of any disbursements made from the state capital projects
    12  fund, and is hereby authorized to issue bonds or notes in  one  or  more
    13  series  in  an  aggregate principal amount not to exceed [$1,115,800,000
    14  one billion one hundred fifteen million eight hundred thousand  dollars]
    15  one  billion  two  hundred  seventy-eight million eight hundred thousand
    16  dollars $1,278,800,000, excluding bonds issued to fund one or more  debt
    17  service reserve funds, to pay costs of issuance of such bonds, and bonds
    18  or  notes issued to refund or otherwise repay such bonds or notes previ-
    19  ously issued, for the purpose of financing improvements to State  office
    20  buildings   and   other  facilities  located  statewide,  including  the
    21  reimbursement of any disbursements made from the state capital  projects
    22  fund. Such bonds and notes of the corporation shall not be a debt of the
    23  state,  and  the  state  shall  not be liable thereon, nor shall they be
    24  payable out of any funds other than those appropriated by the  state  to
    25  the  corporation  for  debt service and related expenses pursuant to any
    26  service contracts executed pursuant to subdivision (b) of this  section,
    27  and  such  bonds and notes shall contain on the face thereof a statement
    28  to such effect.
    29    § 29. Paragraph (c) of subdivision 19 of section 1680  of  the  public
    30  authorities  law,  as  amended by section 32 of part JJ of chapter 56 of
    31  the laws of 2020, is amended to read as follows:
    32    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    33  thousand, the dormitory authority shall not issue any  bonds  for  state
    34  university  educational  facilities  purposes if the principal amount of
    35  bonds to be issued when added to the aggregate principal amount of bonds
    36  issued by the dormitory authority on  and  after  July  first,  nineteen
    37  hundred  eighty-eight  for  state university educational facilities will
    38  exceed [fourteen billion seven hundred forty-one million  eight  hundred
    39  sixty-four   thousand  dollars  $14,741,864,000]  fifteen  billion  four
    40  hundred fifty-five million eight  hundred  sixty-four  thousand  dollars
    41  $15,455,864,000;  provided,  however,  that bonds issued or to be issued
    42  shall be excluded from such limitation if:  (1) such bonds are issued to
    43  refund  state  university  construction  bonds  and   state   university
    44  construction  notes  previously issued by the housing finance agency; or
    45  (2) such bonds are issued to refund bonds  of  the  authority  or  other
    46  obligations  issued for state university educational facilities purposes
    47  and the present value of the aggregate debt  service  on  the  refunding
    48  bonds does not exceed the present value of the aggregate debt service on
    49  the bonds refunded thereby; provided, further that upon certification by
    50  the director of the budget that the issuance of refunding bonds or other
    51  obligations  issued between April first, nineteen hundred ninety-two and
    52  March thirty-first, nineteen hundred  ninety-three  will  generate  long
    53  term  economic  benefits  to  the  state, as assessed on a present value
    54  basis, such issuance will be deemed to have met the present  value  test
    55  noted  above. For purposes of this subdivision, the present value of the
    56  aggregate debt service of the refunding bonds  and  the  aggregate  debt

        S. 2505                            106                           A. 3005

     1  service of the bonds refunded, shall be calculated by utilizing the true
     2  interest  cost  of the refunding bonds, which shall be that rate arrived
     3  at by doubling the semi-annual interest rate (compounded  semi-annually)
     4  necessary  to  discount the debt service payments on the refunding bonds
     5  from the payment dates thereof to the date of  issue  of  the  refunding
     6  bonds  to  the purchase price of the refunding bonds, including interest
     7  accrued thereon prior to the issuance  thereof.  The  maturity  of  such
     8  bonds,  other  than  bonds issued to refund outstanding bonds, shall not
     9  exceed the weighted average economic life, as  certified  by  the  state
    10  university construction fund, of the facilities in connection with which
    11  the  bonds  are  issued,  and  in any case not later than the earlier of
    12  thirty years or the expiration of the term of  any  lease,  sublease  or
    13  other  agreement  relating  thereto;  provided  that  no note, including
    14  renewals thereof, shall mature later than five years after the  date  of
    15  issuance  of  such  note. The legislature reserves the right to amend or
    16  repeal such limit, and the state of New York, the  dormitory  authority,
    17  the  state university of New York, and the state university construction
    18  fund are prohibited from covenanting or making any other agreements with
    19  or for the benefit of bondholders which might in  any  way  affect  such
    20  right.
    21    §  30.  Paragraph  (c) of subdivision 14 of section 1680 of the public
    22  authorities law, as amended by section 33 of part JJ of  chapter  56  of
    23  the laws of 2020, is amended to read as follows:
    24    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    25  thousand,  (i)  the  dormitory  authority  shall not deliver a series of
    26  bonds for city university community college facilities, except to refund
    27  or to be substituted for or in lieu of other bonds in relation  to  city
    28  university  community college facilities pursuant to a resolution of the
    29  dormitory authority adopted before July first, nineteen hundred  eighty-
    30  five  or any resolution supplemental thereto, if the principal amount of
    31  bonds so to be issued when added  to  all  principal  amounts  of  bonds
    32  previously  issued by the dormitory authority for city university commu-
    33  nity college facilities, except to refund or to be substituted  in  lieu
    34  of  other bonds in relation to city university community college facili-
    35  ties will exceed the sum of four hundred twenty-five million dollars and
    36  (ii) the dormitory authority shall not deliver a series of bonds  issued
    37  for  city university facilities, including community college facilities,
    38  pursuant to a resolution of the dormitory authority adopted on or  after
    39  July  first,  nineteen  hundred  eighty-five,  except to refund or to be
    40  substituted for or in lieu of other bonds in relation to city university
    41  facilities and except for bonds issued pursuant to a resolution  supple-
    42  mental  to a resolution of the dormitory authority adopted prior to July
    43  first, nineteen hundred eighty-five, if the principal amount of bonds so
    44  to be issued when added to the  principal  amount  of  bonds  previously
    45  issued pursuant to any such resolution, except bonds issued to refund or
    46  to  be  substituted  for  or  in lieu of other bonds in relation to city
    47  university facilities, will exceed [nine billion two hundred  twenty-two
    48  million  seven  hundred thirty-two thousand dollars $9,222,732,000] nine
    49  billion five hundred forty-eight million eight hundred  thirty  thousand
    50  dollars  $9,548,830,000.  The legislature reserves the right to amend or
    51  repeal such limit, and the state of New York, the  dormitory  authority,
    52  the  city  university,  and  the fund are prohibited from covenanting or
    53  making any other agreements with or for the benefit of bondholders which
    54  might in any way affect such right.

        S. 2505                            107                           A. 3005

     1    § 31. Subdivision 10-a of section 1680 of the public authorities  law,
     2  as  amended  by section 34 of part JJ of chapter 56 of the laws of 2020,
     3  is amended to read as follows:
     4    10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
     5  two thousand, but notwithstanding any other provision of the law to  the
     6  contrary, the maximum amount of bonds and notes to be issued after March
     7  thirty-first,  two  thousand two, on behalf of the state, in relation to
     8  any locally sponsored community college, shall be [one billion fifty-one
     9  million six hundred forty thousand dollars $1,051,640,000]  one  billion
    10  sixty-six    million    two   hundred   fifty-seven   thousand   dollars
    11  $1,066,257,000. Such amount shall be exclusive of bonds and notes issued
    12  to fund any reserve fund or funds, costs of issuance and to  refund  any
    13  outstanding  bonds and notes, issued on behalf of the state, relating to
    14  a locally sponsored community college.
    15    § 32. Subdivision 1 of section 17 of part D of chapter 389 of the laws
    16  of 1997, relating  to  the  financing  of  the  correctional  facilities
    17  improvement  fund and the youth facility improvement fund, as amended by
    18  section 35 of part JJ of chapter 56 of the laws of 2020, is  amended  to
    19  read as follows:
    20    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
    21  notwithstanding the provisions of section 18 of section 1 of chapter 174
    22  of the laws of 1968, the New York state urban development corporation is
    23  hereby authorized to issue bonds, notes  and  other  obligations  in  an
    24  aggregate  principal  amount  not to exceed [eight hundred forty million
    25  three hundred  fifteen  thousand  dollars  $840,315,000]  eight  hundred
    26  seventy-six million fifteen thousand dollars $876,015,000, which author-
    27  ization  increases  the  aggregate  principal amount of bonds, notes and
    28  other obligations authorized by section 40 of chapter 309 of the laws of
    29  1996, and shall include all bonds, notes and  other  obligations  issued
    30  pursuant to chapter 211 of the laws of 1990, as amended or supplemented.
    31  The  proceeds of such bonds, notes or other obligations shall be paid to
    32  the state, for deposit in the youth facilities improvement fund, to  pay
    33  for  all  or any portion of the amount or amounts paid by the state from
    34  appropriations or reappropriations made to the office  of  children  and
    35  family  services  from the youth facilities improvement fund for capital
    36  projects. The aggregate amount of bonds,  notes  and  other  obligations
    37  authorized  to  be  issued pursuant to this section shall exclude bonds,
    38  notes or other obligations issued to refund or  otherwise  repay  bonds,
    39  notes  or  other  obligations  theretofore issued, the proceeds of which
    40  were paid to the state for all or a portion of the amounts  expended  by
    41  the  state from appropriations or reappropriations made to the office of
    42  children and family services; provided,  however,  that  upon  any  such
    43  refunding or repayment the total aggregate principal amount of outstand-
    44  ing bonds, notes or other obligations may be greater than [eight hundred
    45  forty million three hundred fifteen thousand dollars $840,315,000] eight
    46  hundred  seventy-six million fifteen thousand dollars $876,015,000, only
    47  if the present value of the aggregate debt service of the  refunding  or
    48  repayment  bonds,  notes  or  other  obligations  to be issued shall not
    49  exceed the present value of the aggregate debt  service  of  the  bonds,
    50  notes or other obligations so to be refunded or repaid. For the purposes
    51  hereof, the present value of the aggregate debt service of the refunding
    52  or repayment bonds, notes or other obligations and of the aggregate debt
    53  service  of the bonds, notes or other obligations so refunded or repaid,
    54  shall be calculated by utilizing the  effective  interest  rate  of  the
    55  refunding or repayment bonds, notes or other obligations, which shall be
    56  that   rate  arrived  at  by  doubling  the  semi-annual  interest  rate

        S. 2505                            108                           A. 3005

     1  (compounded  semi-annually)  necessary  to  discount  the  debt  service
     2  payments on the refunding or repayment bonds, notes or other obligations
     3  from  the payment dates thereof to the date of issue of the refunding or
     4  repayment bonds, notes or other obligations and to the price bid includ-
     5  ing  estimated  accrued interest or proceeds received by the corporation
     6  including estimated accrued interest from the sale thereof.
     7    § 33. Paragraph b of subdivision 2 of section  9-a  of  section  1  of
     8  chapter 392 of the laws of 1973, constituting the New York state medical
     9  care  facilities finance agency act, as amended by section 36 of part JJ
    10  of chapter 56 of the laws of 2020, is amended to read as follows:
    11    b. The agency shall have power and is hereby authorized from  time  to
    12  time  to  issue negotiable bonds and notes in conformity with applicable
    13  provisions of the uniform commercial code in such principal  amount  as,
    14  in  the  opinion  of  the  agency, shall be necessary, after taking into
    15  account other moneys which may be available for the purpose, to  provide
    16  sufficient  funds  to  the  facilities  development  corporation, or any
    17  successor agency, for the financing or refinancing of or for the design,
    18  construction, acquisition, reconstruction, rehabilitation or improvement
    19  of mental health services facilities pursuant to  paragraph  a  of  this
    20  subdivision,  the payment of interest on mental health services improve-
    21  ment bonds and mental health services improvement notes issued for  such
    22  purposes,  the establishment of reserves to secure such bonds and notes,
    23  the cost or premium of bond insurance or  the  costs  of  any  financial
    24  mechanisms  which  may  be used to reduce the debt service that would be
    25  payable by the agency on its mental health services facilities  improve-
    26  ment  bonds  and notes and all other expenditures of the agency incident
    27  to and necessary or convenient to providing the  facilities  development
    28  corporation,  or  any  successor agency, with funds for the financing or
    29  refinancing of or for any such design, construction, acquisition, recon-
    30  struction, rehabilitation or improvement and for the refunding of mental
    31  hygiene improvement bonds issued pursuant to section 47-b of the private
    32  housing finance law; provided, however, that the agency shall not  issue
    33  mental  health  services  facilities improvement bonds and mental health
    34  services facilities improvement notes in an aggregate  principal  amount
    35  exceeding  [nine  billion  nine hundred twenty-seven million two hundred
    36  seventy-six thousand dollars $9,927,276,000] ten  billion  four  hundred
    37  seventy-six   million   seven  hundred  seventy-three  thousand  dollars
    38  $10,476,773,000, excluding mental health services facilities improvement
    39  bonds and mental health services facilities improvement notes issued  to
    40  refund  outstanding  mental health services facilities improvement bonds
    41  and mental  health  services  facilities  improvement  notes;  provided,
    42  however,  that  upon  any  such  refunding or repayment of mental health
    43  services facilities improvement  bonds  and/or  mental  health  services
    44  facilities  improvement  notes  the  total aggregate principal amount of
    45  outstanding mental health  services  facilities  improvement  bonds  and
    46  mental  health  facilities  improvement  notes may be greater than [nine
    47  billion nine hundred twenty-seven million two hundred seventy-six  thou-
    48  sand  dollars  $9,927,276,000]  ten  billion  four  hundred  seventy-six
    49  million seven hundred seventy-three  thousand  dollars  $10,476,773,000,
    50  only  if,  except  as hereinafter provided with respect to mental health
    51  services facilities bonds and mental health  services  facilities  notes
    52  issued  to  refund  mental  hygiene  improvement  bonds authorized to be
    53  issued pursuant to the provisions of section 47-b of the private housing
    54  finance law, the present value of the  aggregate  debt  service  of  the
    55  refunding  or  repayment bonds to be issued shall not exceed the present
    56  value of the aggregate debt service of  the  bonds  to  be  refunded  or

        S. 2505                            109                           A. 3005

     1  repaid.  For  purposes  hereof, the present values of the aggregate debt
     2  service of the refunding or repayment bonds, notes or other  obligations
     3  and  of  the  aggregate  debt service of the bonds, notes or other obli-
     4  gations  so  refunded  or  repaid,  shall be calculated by utilizing the
     5  effective interest rate of the refunding or repayment  bonds,  notes  or
     6  other  obligations,  which shall be that rate arrived at by doubling the
     7  semi-annual  interest  rate  (compounded  semi-annually)  necessary   to
     8  discount  the debt service payments on the refunding or repayment bonds,
     9  notes or other obligations from the payment dates thereof to the date of
    10  issue of the refunding or repayment bonds, notes  or  other  obligations
    11  and  to  the  price bid including estimated accrued interest or proceeds
    12  received by the authority including estimated accrued interest from  the
    13  sale  thereof. Such bonds, other than bonds issued to refund outstanding
    14  bonds, shall be scheduled to mature over a term not to exceed the  aver-
    15  age useful life, as certified by the facilities development corporation,
    16  of  the  projects  for which the bonds are issued, and in any case shall
    17  not exceed thirty years  and  the  maximum  maturity  of  notes  or  any
    18  renewals  thereof  shall  not  exceed  five  years  from the date of the
    19  original issue of such notes. Notwithstanding  the  provisions  of  this
    20  section,  the  agency  shall  have the power and is hereby authorized to
    21  issue mental health services facilities improvement bonds and/or  mental
    22  health  services  facilities  improvement  notes  to  refund outstanding
    23  mental hygiene improvement bonds authorized to be issued pursuant to the
    24  provisions of section 47-b of the private housing finance  law  and  the
    25  amount  of  bonds  issued  or outstanding for such purposes shall not be
    26  included for purposes of determining the amount of bonds issued pursuant
    27  to this section. The director of the budget shall allocate the aggregate
    28  principal authorized to be issued by the  agency  among  the  office  of
    29  mental  health,  office  for people with developmental disabilities, and
    30  the office of addiction services  and  supports,  in  consultation  with
    31  their respective commissioners to finance bondable appropriations previ-
    32  ously approved by the legislature.
    33    §  34.  Subdivision  (a)  of section 28 of part Y of chapter 61 of the
    34  laws of 2005, relating to providing for the  administration  of  certain
    35  funds  and  accounts  related  to  the  2005-2006  budget, as amended by
    36  section 37 of part JJ of chapter 56 of the laws of 2020, is  amended  to
    37  read as follows:
    38    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
    39  notwithstanding any provisions of law  to  the  contrary,  one  or  more
    40  authorized  issuers  as defined by section 68-a of the state finance law
    41  are hereby authorized to issue bonds or notes in one or more  series  in
    42  an  aggregate  principal  amount  not to exceed [one hundred fifty-seven
    43  million dollars $157,000,000]  one hundred seventy-two  million  dollars
    44  $172,000,000, excluding bonds issued to finance one or more debt service
    45  reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
    46  notes issued to refund or otherwise repay such bonds or notes previously
    47  issued, for  the  purpose  of  financing  capital  projects  for  public
    48  protection  facilities  in  the  Division of Military and Naval Affairs,
    49  debt service and leases; and to reimburse the  state  general  fund  for
    50  disbursements  made  therefor.  Such  bonds and notes of such authorized
    51  issuer shall not be a debt of the state, and  the  state  shall  not  be
    52  liable  thereon,  nor  shall they be payable out of any funds other than
    53  those appropriated by the state  to  such  authorized  issuer  for  debt
    54  service  and  related expenses pursuant to any service contract executed
    55  pursuant to subdivision (b) of this section and  such  bonds  and  notes
    56  shall contain on the face thereof a statement to such effect. Except for

        S. 2505                            110                           A. 3005

     1  purposes  of  complying  with  the  internal  revenue code, any interest
     2  income earned on bond proceeds shall only be used to pay debt service on
     3  such bonds.
     4    §  35.  Section  53  of  section 1 of chapter 174 of the laws of 1968,
     5  constituting the New York state urban development  corporation  act,  as
     6  amended  by  section 38 of part JJ of chapter 56 of the laws of 2020, is
     7  amended to read as follows:
     8    § 53. 1. Notwithstanding the  provisions  of  any  other  law  to  the
     9  contrary,  the dormitory authority and the urban development corporation
    10  are hereby authorized to issue bonds or notes in one or more series  for
    11  the  purpose  of funding project costs for the acquisition of equipment,
    12  including but not limited to the creation or modernization  of  informa-
    13  tion  technology systems and related research and development equipment,
    14  health and safety equipment, heavy equipment and machinery, the creation
    15  or improvement of security systems, and laboratory equipment  and  other
    16  state costs associated with such capital projects. The aggregate princi-
    17  pal  amount  of  bonds  authorized to be issued pursuant to this section
    18  shall not exceed [one hundred] two hundred ninety-three million  dollars
    19  [$193,000,000]  $293,000,000, excluding bonds issued to fund one or more
    20  debt service reserve funds, to pay costs of issuance of such bonds,  and
    21  bonds  or  notes issued to refund or otherwise repay such bonds or notes
    22  previously issued. Such bonds and notes of the dormitory  authority  and
    23  the  urban development corporation shall not be a debt of the state, and
    24  the state shall not be liable thereon, nor shall they be payable out  of
    25  any  funds  other  than those appropriated by the state to the dormitory
    26  authority and the urban development corporation for principal, interest,
    27  and related expenses pursuant to a service contract and such  bonds  and
    28  notes  shall  contain  on  the  face thereof a statement to such effect.
    29  Except for purposes of complying with the  internal  revenue  code,  any
    30  interest  income  earned on bond proceeds shall only be used to pay debt
    31  service on such bonds.
    32    2. Notwithstanding any other provision of  law  to  the  contrary,  in
    33  order to assist the dormitory authority and the urban development corpo-
    34  ration  in  undertaking the financing for project costs for the acquisi-
    35  tion of equipment, including but not limited to the creation or  modern-
    36  ization  of  information  technology  systems  and  related research and
    37  development equipment, health and safety equipment, heavy equipment  and
    38  machinery,  the creation or improvement of security systems, and labora-
    39  tory equipment and  other  state  costs  associated  with  such  capital
    40  projects,  the director of the budget is hereby authorized to enter into
    41  one or more service contracts with the dormitory authority and the urban
    42  development corporation, none of which  shall  exceed  thirty  years  in
    43  duration,  upon  such terms and conditions as the director of the budget
    44  and the dormitory authority and the urban development corporation agree,
    45  so as to annually provide to  the  dormitory  authority  and  the  urban
    46  development corporation, in the aggregate, a sum not to exceed the prin-
    47  cipal, interest, and related expenses required for such bonds and notes.
    48  Any service contract entered into pursuant to this section shall provide
    49  that  the  obligation  of  the  state to pay the amount therein provided
    50  shall not constitute a debt of the  state  within  the  meaning  of  any
    51  constitutional or statutory provision and shall be deemed executory only
    52  to  the  extent  of  monies  available  and  that  no liability shall be
    53  incurred by the state beyond the  monies  available  for  such  purpose,
    54  subject to annual appropriation by the legislature. Any such contract or
    55  any  payments  made or to be made thereunder may be assigned and pledged

        S. 2505                            111                           A. 3005

     1  by the dormitory authority and  the  urban  development  corporation  as
     2  security for its bonds and notes, as authorized by this section.
     3    §  36.  Subdivision  (b)  of  section 11 of chapter 329 of the laws of
     4  1991, amending the state finance law and  other  laws  relating  to  the
     5  establishment of the dedicated highway and bridge trust fund, as amended
     6  by  section  39 of part JJ of chapter 56 of the laws of 2020, is amended
     7  to read as follows:
     8    (b) Any service contract or contracts for projects authorized pursuant
     9  to sections 10-c, 10-f, 10-g and 80-b of the  highway  law  and  section
    10  14-k of the transportation law, and entered into pursuant to subdivision
    11  (a)  of  this  section,  shall  provide for state commitments to provide
    12  annually to the thruway authority a sum or sums,  upon  such  terms  and
    13  conditions as shall be deemed appropriate by the director of the budget,
    14  to fund, or fund the debt service requirements of any bonds or any obli-
    15  gations  of  the  thruway  authority  issued to fund or to reimburse the
    16  state for funding such projects having a cost not in excess  of  [eleven
    17  billion  three  hundred  forty-nine  million  eight hundred seventy-five
    18  thousand dollars $11,349,875,000] eleven billion eight  hundred  thirty-
    19  seven  million two hundred twenty-seven thousand dollars $11,837,227,000
    20  cumulatively by the end of fiscal year [2020-21] 2021-22.
    21    § 37. Subdivision 1 of section 1689-i of the public  authorities  law,
    22  as  amended  by section 40 of part JJ of chapter 56 of the laws of 2020,
    23  is amended to read as follows:
    24    1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
    25  request  of  the  commissioner of education, to finance eligible library
    26  construction projects pursuant to section two hundred seventy-three-a of
    27  the education law, in amounts certified  by  such  commissioner  not  to
    28  exceed  a  total  principal  amount  of  [two hundred sixty-five million
    29  dollars  $265,000,000]  two   hundred   seventy-nine   million   dollars
    30  $279,000,000.
    31    §  38.  Section  44  of  section 1 of chapter 174 of the laws of 1968,
    32  constituting the New York state urban development  corporation  act,  as
    33  amended  by  section 41 of part JJ of chapter 56 of the laws of 2020, is
    34  amended to read as follows:
    35    § 44. Issuance of certain  bonds  or  notes.  1.  Notwithstanding  the
    36  provisions of any other law to the contrary, the dormitory authority and
    37  the  corporation are hereby authorized to issue bonds or notes in one or
    38  more series for the purpose of funding project costs  for  the  regional
    39  economic  development  council  initiative,  the economic transformation
    40  program, state university of New York college for nanoscale and  science
    41  engineering,  projects  within  the city of Buffalo or surrounding envi-
    42  rons, the New York works economic development  fund,  projects  for  the
    43  retention of professional football in western New York, the empire state
    44  economic  development  fund,  the  clarkson-trudeau partnership, the New
    45  York genome center, the cornell university college of  veterinary  medi-
    46  cine,  the  olympic  regional  development  authority,  projects at nano
    47  Utica, onondaga county revitalization  projects,  Binghamton  university
    48  school of pharmacy, New York power electronics manufacturing consortium,
    49  regional  infrastructure  projects,  high  tech  innovation and economic
    50  development  infrastructure  program,  high   technology   manufacturing
    51  projects in Chautauqua and Erie county, an industrial scale research and
    52  development  facility  in  Clinton county, upstate revitalization initi-
    53  ative projects, downstate revitalization  initiative,  market  New  York
    54  projects,  fairground  buildings,  equipment or facilities used to house
    55  and promote agriculture, the state fair, the  empire  state  trail,  the
    56  moynihan  station  development  project, the Kingsbridge armory project,

        S. 2505                            112                           A. 3005

     1  strategic economic development projects, the cultural, arts  and  public
     2  spaces  fund,  water  infrastructure  in  the city of Auburn and town of
     3  Owasco, a life sciences laboratory public  health  initiative,  not-for-
     4  profit  pounds, shelters and humane societies, arts and cultural facili-
     5  ties improvement program, restore  New  York's  communities  initiative,
     6  heavy  equipment,  economic  development  and  infrastructure  projects,
     7  Roosevelt Island operating corporation capital  projects,  Lake  Ontario
     8  regional  projects,  Pennsylvania station and other transit projects and
     9  other state costs associated with such projects. The aggregate principal
    10  amount of bonds authorized to be issued pursuant to this  section  shall
    11  not  exceed [ten billion three hundred thirty-four million eight hundred
    12  fifty-one thousand dollars $10,334,851,000] eleven billion  two  hundred
    13  fifty-four  million  two  hundred  two thousand dollars $11,254,202,000,
    14  excluding bonds issued to fund one or more debt service  reserve  funds,
    15  to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
    16  refund or otherwise repay such bonds or notes  previously  issued.  Such
    17  bonds and notes of the dormitory authority and the corporation shall not
    18  be  a  debt of the state, and the state shall not be liable thereon, nor
    19  shall they be payable out of any funds other than those appropriated  by
    20  the  state to the dormitory authority and the corporation for principal,
    21  interest, and related expenses pursuant to a service contract  and  such
    22  bonds  and  notes  shall contain on the face thereof a statement to such
    23  effect. Except for purposes of complying with the internal revenue code,
    24  any interest income earned on bond proceeds shall only be  used  to  pay
    25  debt service on such bonds.
    26    2.  Notwithstanding  any  other  provision  of law to the contrary, in
    27  order to assist the dormitory authority and the corporation in undertak-
    28  ing the financing for project costs for the regional  economic  develop-
    29  ment  council  initiative,  the  economic  transformation program, state
    30  university of New York college for nanoscale  and  science  engineering,
    31  projects  within  the  city  of Buffalo or surrounding environs, the New
    32  York works economic development fund,  projects  for  the  retention  of
    33  professional  football  in  western  New York, the empire state economic
    34  development fund, the clarkson-trudeau partnership, the New York  genome
    35  center, the cornell university college of veterinary medicine, the olym-
    36  pic  regional  development  authority,  projects at nano Utica, onondaga
    37  county revitalization projects, Binghamton university school of  pharma-
    38  cy,  New  York  power  electronics  manufacturing  consortium,  regional
    39  infrastructure projects, New York State Capital Assistance  Program  for
    40  Transportation,  infrastructure,  and  economic  development,  high tech
    41  innovation and economic development infrastructure program,  high  tech-
    42  nology  manufacturing  projects in Chautauqua and Erie county, an indus-
    43  trial scale research and development facility in Clinton county, upstate
    44  revitalization initiative projects, downstate revitalization initiative,
    45  market New York projects, fairground buildings, equipment or  facilities
    46  used  to house and promote agriculture, the state fair, the empire state
    47  trail, the moynihan station development project, the Kingsbridge  armory
    48  project, strategic economic development projects, the cultural, arts and
    49  public  spaces fund, water infrastructure in the city of Auburn and town
    50  of Owasco, a life sciences laboratory public health initiative, not-for-
    51  profit pounds, shelters and humane societies, arts and cultural  facili-
    52  ties  improvement  program,  restore  New York's communities initiative,
    53  heavy  equipment,  economic  development  and  infrastructure  projects,
    54  Roosevelt  Island  operating  corporation capital projects, Lake Ontario
    55  regional projects, Pennsylvania station and other transit  projects  and
    56  other  state  costs  associated  with  such projects the director of the

        S. 2505                            113                           A. 3005

     1  budget is hereby authorized to enter into one or more service  contracts
     2  with  the  dormitory  authority and the corporation, none of which shall
     3  exceed thirty years in duration, upon such terms and conditions  as  the
     4  director  of  the budget and the dormitory authority and the corporation
     5  agree, so as to annually provide to  the  dormitory  authority  and  the
     6  corporation, in the aggregate, a sum not to exceed the principal, inter-
     7  est, and related expenses required for such bonds and notes. Any service
     8  contract  entered  into  pursuant to this section shall provide that the
     9  obligation of the state to pay the amount  therein  provided  shall  not
    10  constitute  a debt of the state within the meaning of any constitutional
    11  or statutory provision and shall be deemed executory only to the  extent
    12  of monies available and that no liability shall be incurred by the state
    13  beyond  the  monies available for such purpose, subject to annual appro-
    14  priation by the legislature. Any such contract or any payments  made  or
    15  to  be  made  thereunder  may  be  assigned and pledged by the dormitory
    16  authority and the corporation as security for its bonds  and  notes,  as
    17  authorized by this section.
    18    § 39. Subdivision 1 of section 386-b of the public authorities law, as
    19  amended  by  section 42 of part JJ of chapter 56 of the laws of 2020, is
    20  amended to read as follows:
    21    1. Notwithstanding any other provision of law  to  the  contrary,  the
    22  authority, the dormitory authority and the urban development corporation
    23  are  hereby authorized to issue bonds or notes in one or more series for
    24  the purpose of financing peace bridge  projects  and  capital  costs  of
    25  state and local highways, parkways, bridges, the New York state thruway,
    26  Indian reservation roads, and facilities, and transportation infrastruc-
    27  ture   projects   including  aviation  projects,  non-MTA  mass  transit
    28  projects, and rail service preservation projects, including work  appur-
    29  tenant  and  ancillary  thereto. The aggregate principal amount of bonds
    30  authorized to be issued pursuant to this section shall not  exceed  [six
    31  billion nine hundred forty-two million four hundred sixty-three thousand
    32  dollars  $6,942,463,000] eight billion eight hundred thirty-nine million
    33  nine hundred  sixty-three  thousand  dollars  $8,839,963,000,  excluding
    34  bonds  issued  to  fund  one  or more debt service reserve funds, to pay
    35  costs of issuance of such bonds, and to refund or otherwise  repay  such
    36  bonds  or notes previously issued.  Such bonds and notes of the authori-
    37  ty, the dormitory authority and the urban development corporation  shall
    38  not  be  a debt of the state, and the state shall not be liable thereon,
    39  nor shall they be payable out of any funds other than those appropriated
    40  by the state to the authority, the dormitory  authority  and  the  urban
    41  development  corporation  for  principal, interest, and related expenses
    42  pursuant to a service contract and such bonds and notes shall contain on
    43  the face thereof a statement to such  effect.  Except  for  purposes  of
    44  complying  with the internal revenue code, any interest income earned on
    45  bond proceeds shall only be used to pay debt service on such bonds.
    46    § 40. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
    47  housing  finance  law, as amended by section 43 of part JJ of chapter 56
    48  of the laws of 2020, is amended to read as follows:
    49    (a) Subject to the provisions of chapter fifty-nine of the laws of two
    50  thousand, in order to enhance and encourage  the  promotion  of  housing
    51  programs  and thereby achieve the stated purposes and objectives of such
    52  housing programs, the agency shall have the power and is hereby  author-
    53  ized  from  time  to  time to issue negotiable housing program bonds and
    54  notes in such principal amount as shall be necessary to  provide  suffi-
    55  cient  funds  for the repayment of amounts disbursed (and not previously
    56  reimbursed) pursuant to law or any prior year making  capital  appropri-

        S. 2505                            114                           A. 3005

     1  ations  or  reappropriations  for  the  purposes of the housing program;
     2  provided, however, that the agency may issue such bonds and notes in  an
     3  aggregate principal amount not exceeding [six billion five hundred thir-
     4  ty-one    million    five    hundred   twenty-three   thousand   dollars
     5  $6,531,523,000] seven billion eighty-six million six hundred seven thou-
     6  sand dollars $7,086,607,000, plus a principal amount of bonds issued  to
     7  fund  the  debt service reserve fund in accordance with the debt service
     8  reserve fund requirement established by the agency and to fund any other
     9  reserves that the agency reasonably deems necessary for the security  or
    10  marketability  of  such bonds and to provide for the payment of fees and
    11  other charges and expenses, including  underwriters'  discount,  trustee
    12  and rating agency fees, bond insurance, credit enhancement and liquidity
    13  enhancement  related to the issuance of such bonds and notes. No reserve
    14  fund securing the housing program bonds shall be entitled or eligible to
    15  receive state funds apportioned or appropriated to maintain  or  restore
    16  such  reserve  fund at or to a particular level, except to the extent of
    17  any deficiency resulting directly or indirectly from a  failure  of  the
    18  state to appropriate or pay the agreed amount under any of the contracts
    19  provided for in subdivision four of this section.
    20    §  41.  Subdivision 1 of section 50 of section 1 of chapter 174 of the
    21  laws of 1968, constituting the New York state urban  development  corpo-
    22  ration  act,  as  amended  by section 44 of part JJ of chapter 56 of the
    23  laws of 2020, is amended to read as follows:
    24    1. Notwithstanding the provisions of any other law  to  the  contrary,
    25  the dormitory authority and the urban development corporation are hereby
    26  authorized to issue bonds or notes in one or more series for the purpose
    27  of  funding project costs undertaken by or on behalf of the state educa-
    28  tion department, special act school districts,  state-supported  schools
    29  for  the  blind  and  deaf,  approved private special education schools,
    30  non-public schools, community centers, day care facilities,  residential
    31  camps,  day  camps,  and  other state costs associated with such capital
    32  projects. The aggregate principal  amount  of  bonds  authorized  to  be
    33  issued pursuant to this section shall not exceed [one hundred fifty-five
    34  million  dollars  $155,000,000]  one  hundred ninety-six million dollars
    35  $196,000,000, excluding bonds issued to fund one or  more  debt  service
    36  reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
    37  notes issued to refund or otherwise repay such bonds or notes previously
    38  issued. Such bonds and notes of the dormitory authority  and  the  urban
    39  development  corporation shall not be a debt of the state, and the state
    40  shall not be liable thereon, nor shall they be payable out of any  funds
    41  other  than  those  appropriated by the state to the dormitory authority
    42  and the urban  development  corporation  for  principal,  interest,  and
    43  related expenses pursuant to a service contract and such bonds and notes
    44  shall contain on the face thereof a statement to such effect. Except for
    45  purposes  of  complying  with  the  internal  revenue code, any interest
    46  income earned on bond proceeds shall only be used to pay debt service on
    47  such bonds.
    48    § 42. Subdivision 1 of section 47 of section 1 of chapter 174  of  the
    49  laws  of  1968, constituting the New York state urban development corpo-
    50  ration act, as amended by section 45 of part JJ of  chapter  56  of  the
    51  laws of 2020, is amended to read as follows:
    52    1.  Notwithstanding  the  provisions of any other law to the contrary,
    53  the dormitory authority and the corporation  are  hereby  authorized  to
    54  issue  bonds  or  notes in one or more series for the purpose of funding
    55  project costs for the office of information technology services, depart-
    56  ment of  law,  and  other  state  costs  associated  with  such  capital

        S. 2505                            115                           A. 3005

     1  projects.  The  aggregate  principal  amount  of  bonds authorized to be
     2  issued pursuant to this section shall not exceed [eight  hundred  thirty
     3  million  fifty-four  thousand dollars, $830,054,000] nine hundred forty-
     4  nine  million  two  hundred  fifty-four  thousand  dollars  $949,254,000
     5  excluding bonds issued to fund one or more debt service  reserve  funds,
     6  to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
     7  refund or otherwise repay such bonds or notes  previously  issued.  Such
     8  bonds and notes of the dormitory authority and the corporation shall not
     9  be  a  debt of the state, and the state shall not be liable thereon, nor
    10  shall they be payable out of any funds other than those appropriated  by
    11  the  state to the dormitory authority and the corporation for principal,
    12  interest, and related expenses pursuant to a service contract  and  such
    13  bonds  and  notes  shall contain on the face thereof a statement to such
    14  effect. Except for purposes of complying with the internal revenue code,
    15  any interest income earned on bond proceeds shall only be  used  to  pay
    16  debt service on such bonds.
    17    §  43.  Paragraph  (b)  of  subdivision 1 of section 385 of the public
    18  authorities law, as amended by section 1 of part G of chapter 60 of  the
    19  laws of 2005, is amended to read as follows:
    20    (b)  The  authority  is  hereby  authorized,  as  additional corporate
    21  purposes thereof solely upon the request of the director of the  budget:
    22  (i)  to  issue special emergency highway and bridge trust fund bonds and
    23  notes for a term not to exceed thirty years  and  to  incur  obligations
    24  secured by the moneys appropriated from the dedicated highway and bridge
    25  trust  fund  established  in  section eighty-nine-b of the state finance
    26  law; (ii) to make available the proceeds in accordance with instructions
    27  provided by the director of the budget from the  sale  of  such  special
    28  emergency  highway  and  bridge  trust  fund bonds, notes or other obli-
    29  gations, net of all costs to the authority in connection therewith,  for
    30  the  purposes  of  financing all or a portion of the costs of activities
    31  for which moneys in the dedicated highway and bridge trust  fund  estab-
    32  lished  in section eighty-nine-b of the state finance law are authorized
    33  to be utilized or for the financing of disbursements made by  the  state
    34  for  the  activities authorized pursuant to section eighty-nine-b of the
    35  state finance law; and (iii) to enter into agreements with  the  commis-
    36  sioner  of  transportation  pursuant to section ten-e of the highway law
    37  with respect to financing for  any  activities  authorized  pursuant  to
    38  section  eighty-nine-b  of the state finance law, or agreements with the
    39  commissioner of transportation pursuant to sections ten-f and  ten-g  of
    40  the highway law in connection with activities on state highways pursuant
    41  to  these sections, and (iv) to enter into service contracts, contracts,
    42  agreements, deeds and leases with the director  of  the  budget  or  the
    43  commissioner  of  transportation  and  project  sponsors  and  others to
    44  provide for the financing by  the  authority  of  activities  authorized
    45  pursuant  to section eighty-nine-b of the state finance law, and each of
    46  the director of the budget and the commissioner  of  transportation  are
    47  hereby  authorized  to  enter  into service contracts, contracts, agree-
    48  ments, deeds and leases with the authority, project sponsors  or  others
    49  to  provide  for such financing. The authority shall not issue any bonds
    50  or notes in an amount in excess of [$16.5 billion] eighteen billion  one
    51  hundred  fifty  million dollars $18,150,000,000, plus a principal amount
    52  of bonds or notes: (A) to fund capital reserve  funds;  (B)  to  provide
    53  capitalized  interest;  and,  (C)  to  fund other costs of issuance.  In
    54  computing for the purposes of this subdivision, the aggregate amount  of
    55  indebtedness evidenced by bonds and notes of the authority issued pursu-
    56  ant  to  this  section,  as amended by a chapter of the laws of nineteen

        S. 2505                            116                           A. 3005

     1  hundred ninety-six, there shall be excluded the amount of bonds or notes
     2  issued that would constitute interest under the United  States  Internal
     3  Revenue  Code of 1986, as amended, and the amount of indebtedness issued
     4  to refund or otherwise repay bonds or notes.
     5    § 44. Subdivision 1 of section 386-a of the public authorities law, as
     6  amended  by section 44 of part TTT of chapter 59 of the laws of 2019, is
     7  amended to read as follows:
     8    1. Notwithstanding any other provision of law  to  the  contrary,  the
     9  authority, the dormitory authority and the urban development corporation
    10  are  hereby authorized to issue bonds or notes in one or more series for
    11  the purpose of assisting the metropolitan  transportation  authority  in
    12  the  financing  of  transportation  facilities as defined in subdivision
    13  seventeen of section twelve hundred sixty-one of this chapter  or  other
    14  capital  projects. The aggregate principal amount of bonds authorized to
    15  be issued pursuant to this section shall not  exceed  [two  billion  one
    16  hundred  seventy-nine  million  eight hundred fifty-six thousand dollars
    17  $2,179,856,000]  twelve  billion  five  hundred  fifteen  million  eight
    18  hundred  fifty-six  thousand  dollars  $12,515,856,000,  excluding bonds
    19  issued to fund one or more debt service reserve funds, to pay  costs  of
    20  issuance  of  such bonds, and to refund or otherwise repay such bonds or
    21  notes previously issued. Such bonds and  notes  of  the  authority,  the
    22  dormitory authority and the urban development corporation shall not be a
    23  debt  of the state, and the state shall not be liable thereon, nor shall
    24  they be payable out of any funds other than those  appropriated  by  the
    25  state  to  the authority, the dormitory authority and the urban develop-
    26  ment corporation for principal, interest, and related expenses  pursuant
    27  to a service contract and such bonds and notes shall contain on the face
    28  thereof  a  statement  to  such effect. Except for purposes of complying
    29  with the internal revenue code,  any  interest  income  earned  on  bond
    30  proceeds shall only be used to pay debt service on such bonds.
    31    §  45.  Section 1 of chapter 174 of the laws of 1968, constituting the
    32  New York state urban development corporation act, is amended by adding a
    33  new section 57 to read as follows:
    34    § 57. 1. Notwithstanding the  provisions  of  any  other  law  to  the
    35  contrary,  the dormitory authority and the urban development corporation
    36  are hereby authorized to issue bonds or notes in one or more series  for
    37  the  purpose  of  funding  project  costs for the Empire Station Complex
    38  project, and such project shall be deemed a capital work or purpose  for
    39  purposes  of subdivision 3 of section 67-b of the state finance law. The
    40  aggregate principal amount of bonds authorized to be issued pursuant  to
    41  this  section shall not exceed one billion three hundred million dollars
    42  $1,300,000,000, excluding bonds issued to fund one or more debt  service
    43  reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
    44  notes issued to refund or otherwise repay such bonds or notes previously
    45  issued. Such bonds and notes of the dormitory authority  and  the  urban
    46  development  corporation shall not be a debt of the state, and the state
    47  shall not be liable thereon, nor shall they be payable out of any  funds
    48  other  than  those  appropriated by the state to the dormitory authority
    49  and the urban  development  corporation  for  principal,  interest,  and
    50  related expenses pursuant to a service contract and such bonds and notes
    51  shall contain on the face thereof a statement to such effect. Except for
    52  purposes  of  complying  with  the  internal  revenue code, any interest
    53  income earned on bond proceeds shall only be used to pay debt service on
    54  such bonds.
    55    2. Notwithstanding any other provision of  law  to  the  contrary,  in
    56  order to assist the dormitory authority and the urban development corpo-

        S. 2505                            117                           A. 3005

     1  ration  in  undertaking  the  financing for project costs for the Empire
     2  Station Complex project, the director of the budget is hereby authorized
     3  to enter into one or more service contracts with the dormitory authority
     4  and the urban development corporation, none of which shall exceed thirty
     5  years in duration, upon such terms and conditions as the director of the
     6  budget and the dormitory authority and the urban development corporation
     7  agree,  so  as  to  annually  provide to the dormitory authority and the
     8  urban development corporation, in the aggregate, a sum not to exceed the
     9  principal, interest, and related expenses required for  such  bonds  and
    10  notes.  Any service contract entered into pursuant to this section shall
    11  provide that the obligation of the  state  to  pay  the  amount  therein
    12  provided  shall not constitute a debt of the state within the meaning of
    13  any constitutional or statutory provision and shall be deemed  executory
    14  only  to  the  extent of monies available and that no liability shall be
    15  incurred by the state beyond the  monies  available  for  such  purpose,
    16  subject to annual appropriation by the legislature. Any such contract or
    17  any  payments  made or to be made thereunder may be assigned and pledged
    18  by the dormitory authority and  the  urban  development  corporation  as
    19  security for its bonds and notes, as authorized by this section.
    20    § 46. Paragraphs (a) and (b) of subdivision 1 of section 54 of section
    21  1  of  chapter  174 of the laws of 1968, constituting the New York state
    22  urban development corporation act, as added by section 49-a of  part  JJ
    23  of chapter 56 of the laws of 2020, are amended to read as follows:
    24    (a)  The state of New York finds and determines that the global spread
    25  of the COVID-19 [coronavirus disease is having and] pandemic is expected
    26  to continue to have a significant  adverse  impact  on  the  health  and
    27  welfare  of individuals in the state as well as [a significant financial
    28  impact on the state] to the financial condition of the state during  the
    29  state's  2022  fiscal  year  and  beyond.  The [serious threat posed by]
    30  anticipated shortfalls and  deferrals  in  the  state's  financial  plan
    31  receipts  caused  by  the  COVID-19  [coronavirus  disease] pandemic has
    32  [caused governments, including] required the state[,] to adopt policies,
    33  regulations and procedures [to] that suspend various legal  requirements
    34  [in order to (i) respond to and mitigate the impact of the outbreak, and
    35  (ii)  provide temporary relief to individuals, including the deferral of
    36  the federal income tax payment deadline from April 15, 2020 to  a  later
    37  date  in  the  calendar  year.  The  state of New York further finds and
    38  determines that] and address state budgetary pressures,  some  of  which
    39  require  certain fiscal management authorization measures [should be] to
    40  be legislatively authorized and established.
    41    (b) Notwithstanding any  other  provision  of  law  to  the  contrary,
    42  including,  specifically,  the  provisions  of chapter 59 of the laws of
    43  2000 and section sixty-seven-b of the state finance law,  the  dormitory
    44  authority  of  the  state  of  New  York  and the corporation are hereby
    45  authorized to issue until December 31, [2020] 2021, notes with a maturi-
    46  ty no later than March 31, [2021] 2022, to  be  designated  as  personal
    47  income  tax revenue or bond anticipation notes, in one or more series in
    48  an aggregate principal amount  not  to  exceed  eight  billion  dollars,
    49  excluding  notes  issued  to  finance  one  or more debt service reserve
    50  funds, to pay costs of issuance of  such  notes,  and  notes  issued  to
    51  renew,  refund  or otherwise repay such notes previously issued, for the
    52  purpose of temporarily financing budgetary needs of the state [following
    53  the federal government deferral of the federal income tax payment  dead-
    54  line  from  April  15,  2020 to a later date in the calendar year]. Such
    55  purpose shall constitute an authorized purpose under subdivision two  of
    56  section sixty-eight-a of the state finance law for all purposes of arti-

        S. 2505                            118                           A. 3005

     1  cle  five-C  of the state finance law with respect to the notes, renewal
     2  notes, refunding notes and any state personal income tax  revenue  bonds
     3  issued to refinance any notes, renewal notes, refunding notes authorized
     4  by  this  paragraph.  On  or  before  their  maturity, such notes may be
     5  renewed or refunded once with renewal or refunding notes  for  an  addi-
     6  tional period not to exceed one year from the date of renewal or refund-
     7  ing.  If on or before the maturity date of such notes or such renewal or
     8  refunding notes, the director of the division of the budget shall deter-
     9  mine that all or a portion of such notes or such  renewal  or  refunding
    10  notes  shall  be  refinanced  on  a  long term basis, such notes or such
    11  renewal or refunding notes may be refinanced with state personal  income
    12  tax revenue bonds in one or more series in an aggregate principal amount
    13  not  to  exceed  the  then outstanding principal amount of such notes or
    14  such renewal or refunding notes plus an amount necessary to finance  one
    15  or  more debt service reserve funds and to pay costs of issuance of such
    16  refunding bonds, notwithstanding any  other  provision  of  law  to  the
    17  contrary,  including, specifically, the provisions of chapter fifty-nine
    18  of the laws of two thousand  and  section  sixty-seven-b  of  the  state
    19  finance law, other than subdivision four of section sixty-seven-b of the
    20  state  finance law. For so long as any notes, renewal or refunding notes
    21  or such refunding  bonds  authorized  by  this  paragraph  shall  remain
    22  outstanding,  including any state-supported debt issued to refinance the
    23  refunding bonds authorized by this paragraph, the restrictions,  limita-
    24  tions  and requirements contained in article five-B of the state finance
    25  law shall not apply, other than subdivision four of  section  sixty-sev-
    26  en-b of such article.
    27    §  47.  Section  55  of  section 1 of chapter 174 of the laws of 1968,
    28  constituting the New York state urban development  corporation  act,  as
    29  added  by  section 49-b of part JJ of chapter 56 of the laws of 2020, is
    30  amended to read as follows:
    31    § 55. 1. Findings and declaration of need. (a) The state of  New  York
    32  finds and determines that the global spread of the COVID-19 [coronavirus
    33  disease]  pandemic  is  [having  and  is] expected to continue to have a
    34  significant adverse impact on the health and welfare of  individuals  in
    35  the state as well as [a significant] to the financial [impact on] condi-
    36  tion  of  the  state during the state's 2022 fiscal year and beyond. The
    37  [serious threat posed by] anticipated shortfalls and  deferrals  in  the
    38  state's  financial  plan  receipts  caused  by the COVID-19 [coronavirus
    39  disease] pandemic  has  [caused  governments,  including]  required  the
    40  state[,] to adopt policies, regulations and procedures [to] that suspend
    41  various legal requirements [in order to: (i) respond to and mitigate the
    42  impact  of  the  outbreak;] and [(ii)] address state budgetary pressures
    43  [to the state arising from anticipated shortfalls and deferrals  in  the
    44  state's  fiscal  2021  financial plan receipts, thereby requiring that],
    45  some of which require certain fiscal management  authorization  measures
    46  to be legislatively authorized and established.
    47    (b)  Definitions.  When  used  in this subdivision the following terms
    48  shall have the meanings set forth below:
    49    (i) "State-supported debt" shall mean any state  personal  income  tax
    50  revenue  bonds,  state sales tax revenue bonds or service contract bonds
    51  issued by the dormitory authority of the state of New York or the  urban
    52  development  corporation to refinance one or more line of credit facili-
    53  ties provided  for  in  this  subdivision,  together  with  any  related
    54  expenses  and  fees,  and any such bonds or notes issued to fund reserve
    55  funds and costs of issuance, for which the state is contractually  obli-
    56  gated to pay debt service subject to an appropriation.

        S. 2505                            119                           A. 3005

     1    (ii) "Related expenses and fees" shall mean interest costs, commitment
     2  fees  and  other  costs, expenses and fees incurred in connection with a
     3  line of credit facility and/or a service contract or other agreement  of
     4  the state securing such line of credit facility that contractually obli-
     5  gates the state to pay debt service subject to an appropriation.
     6    (c)  Notwithstanding  any  other  provision  of  law  to the contrary,
     7  including, specifically, the provisions of chapter 59  of  the  laws  of
     8  2000 and section 67-b of the state finance law, [during the state's 2021
     9  fiscal  year,]  the dormitory authority of the state of New York and the
    10  urban development corporation are authorized until March  31,  2024  to:
    11  (i)  enter  into  commitments with financial institutions for the estab-
    12  lishment of one or more line of  credit  facilities  and  other  similar
    13  revolving  financing arrangements not in excess of three billion dollars
    14  in aggregate principal amount outstanding at any one time; (ii) draw, at
    15  one or more times at the direction of the director of the  budget,  upon
    16  such  line  of credit facilities and provide to the state the amounts so
    17  drawn for the purpose of assisting the state to temporarily finance  its
    18  budgetary  needs;  and  (iii)  secure repayment of such draws under such
    19  line of credit facilities  [with  a  service  contract  of  the  state],
    20  together with related expenses and fees, which payment obligation there-
    21  under shall not constitute a debt of the state within the meaning of any
    22  constitutional or statutory provision and shall be deemed executory only
    23  to  the  extent  moneys  are  available  and  that no liability shall be
    24  incurred by the state beyond the moneys available for such purpose,  and
    25  that  such  payment obligation is subject to annual appropriation by the
    26  legislature. Any line of  credit  facility  agreements  entered  by  the
    27  dormitory  authority  of the state of New York and/or the urban develop-
    28  ment corporation with financial institutions pursuant  to  this  section
    29  may contain such provisions that the dormitory authority of the state of
    30  New  York  and/or  the  urban  development corporation deem necessary or
    31  desirable for the establishment of such credit facilities.  The  maximum
    32  [original] term of any line of credit facility shall be [one year] three
    33  years  from the date of incurrence; provided however that no draw on any
    34  such line of credit facility [may be extended, renewed or refinanced for
    35  up to two additional one year terms] shall occur after March  31,  2024,
    36  and  provided  further  that any such line of credit facility whose term
    37  extends beyond March 31, 2024, shall be supported by  sufficient  appro-
    38  priation  authority  enacted  by  the  legislature that provides for the
    39  repayment of all amounts drawn and remaining  unpaid  as  of  March  31,
    40  2024, together with related expenses and fees incurred and to become due
    41  and  payable  by the dormitory authority of the state of New York and/or
    42  the urban development corporation. If on or before the maturity date  of
    43  the  [original] term of any such line of credit facility [or any renewal
    44  or extension term thereof], the director of the division of  the  budget
    45  shall determine that all or a portion of [any outstanding line of credit
    46  facility]  the amounts drawn and remaining unpaid, together with related
    47  expenses  and  fees to become due and payable by the dormitory authority
    48  of the state of New York and/or the urban development corporation  shall
    49  be refinanced on a long-term basis, the dormitory authority of the state
    50  of  New  York and/or the urban development corporation are authorized to
    51  refinance such [line of credit facility with state personal  income  tax
    52  revenue  bonds  and/or  state service contract bonds] amounts by issuing
    53  state-supported debt in one or more series  in  an  aggregate  principal
    54  amount not to exceed the [then outstanding principal amount of such line
    55  of  credit  facility  and any accrued interest thereon] aggregate amount
    56  being so refinanced, including related expenses and fees, plus an amount

        S. 2505                            120                           A. 3005

     1  necessary to finance one or more debt service reserve funds and  to  pay
     2  costs  of  issuance  of  such  [state  personal income tax revenue bonds
     3  and/or state service contract bonds] state-supported debt.
     4    [(c)]  (d)  Notwithstanding  any other law, rule, or regulation to the
     5  contrary, the comptroller is hereby authorized and directed  to  deposit
     6  to the credit of the general fund, all amounts provided by the dormitory
     7  authority  of  the state of New York and/or the urban development corpo-
     8  ration to the state from draws made  on  any  line  of  credit  facility
     9  authorized by paragraph [(b)] (c) of this subdivision.
    10    [(d)]  (e) Notwithstanding any other provision of law to the contrary,
    11  including specifically the provisions of subdivision 3 of  section  67-b
    12  of  the  state finance law, no capital work or purpose shall be required
    13  for any indebtedness incurred in connection  with  any  line  of  credit
    14  facility  authorized by paragraph [(b)] (c) of this subdivision [and any
    15  extensions or renewals thereof], or for any [state personal  income  tax
    16  revenue  bonds and/or state service contract bonds] state-supported debt
    17  issued to refinance any [of  the  foregoing]  line  of  credit  facility
    18  authorized  by  paragraph  (c)  of  this subdivision, or for any service
    19  contract  or other agreement entered into in connection  with  any  such
    20  line of credit facility, all in accordance with this section.
    21    [(e)]  (f) Notwithstanding any other provision of law to the contrary,
    22  for so long as any such line of credit facility shall  remain  outstand-
    23  ing, the restrictions, limitations and requirements contained in article
    24  5-B  of  the  state finance law shall not apply. In addition, other than
    25  subdivision 4 of section 67-b of such article such restrictions, limita-
    26  tions and requirements shall not apply to any [state personal income tax
    27  revenue bonds and/or state service contract bonds] state-supported  debt
    28  issued to refund such line of credit facility for so long as such [state
    29  personal  income  tax revenue bonds and/or state service contract bonds]
    30  state-supported debt shall remain outstanding, including any  state-sup-
    31  ported  debt  issued  to  refund [such state personal income tax revenue
    32  bonds and/or state service contract bonds] state-supported  debt  issued
    33  to refinance any line of credit facility. Any such line of credit facil-
    34  ity,  [including  any  extensions  or  renewals  thereof,  and any state
    35  personal income tax revenue bonds and/or state service  contract  bonds]
    36  and,  to  the  extent  applicable,  any  state-supported  debt issued to
    37  [refund] refinance such line of credit facilities shall be deemed to  be
    38  incurred  or  issued for (i) an authorized purpose within the meaning of
    39  subdivision 2 of section 68-a of the state finance law for all  purposes
    40  of  article  5-C  of the state finance law and section 92-z of the state
    41  finance law, and/or (ii) an authorized purpose  within  the  meaning  of
    42  subdivision  2 of section 69-m of the state finance law for all purposes
    43  of article 5-F of the state finance law and section 92-h  of  the  state
    44  finance law, as the case may be. As applicable, all of the provisions of
    45  the  state  finance  law,  the  dormitory authority act and the New York
    46  state urban development corporation act  relating  to  notes  and  bonds
    47  which  are  not  inconsistent  with the provisions of this section shall
    48  apply to any issuance of [state personal income tax revenue bonds and/or
    49  state service contract bonds] state-supported debt issued  to  refinance
    50  any  line  of  credit facility authorized by paragraph [(b)] (c) of this
    51  subdivision. The issuance of any  [state  personal  income  tax  revenue
    52  bonds  and/or  state service contract bonds issued] state-supported debt
    53  to refinance any such line of credit facility shall further  be  subject
    54  to the approval of the director of the division of the budget.
    55    [(f)  Any draws] (g) Each draw on a line of credit facility authorized
    56  by paragraph [(b)] (c) of this subdivision shall only be made  [and]  if

        S. 2505                            121                           A. 3005

     1  the  service contract or other agreement entered into in connection with
     2  such line of credit [facilities shall only be executed and delivered  to
     3  the dormitory authority of the state of New York and/or the urban devel-
     4  opment  corporation  if the legislature has enacted sufficient appropri-
     5  ation authority to provide for the repayment of all amounts expected  to
     6  be  drawn by the dormitory authority of the state of New York and/or the
     7  urban development corporation under such line of credit facility  during
     8  fiscal  year  2021]  facility  is  supported by sufficient appropriation
     9  authority enacted by the legislature to repay the amount  of  the  draw,
    10  together  with  related  expenses  and  fees  to become due and payable.
    11  Amounts repaid under a line of credit facility [during fiscal year 2021]
    12  may be re-borrowed [during such fiscal year] under the same  or  another
    13  line  of credit facility authorized by paragraph (c) of this subdivision
    14  provided that  the  legislature  has  enacted  sufficient  appropriation
    15  authority  [to  provide]  that  provides  for  the repayment of any such
    16  re-borrowed amounts, together with related expenses and fees  to  become
    17  due  and  payable.  Neither  the dormitory authority of the state of New
    18  York nor the urban development  corporation  shall  have  any  financial
    19  liability  for  the repayment of draws under any line of credit facility
    20  authorized by paragraph [(b)] (c) of this subdivision beyond the  moneys
    21  received  for  such  purpose  under  [the] any service contract or other
    22  agreement authorized by paragraph [(g)] (h) of this subdivision.
    23    [(g)] (h) The director of the budget is authorized to enter  into  one
    24  or  more  service  contracts  or  other  agreements, none of which shall
    25  exceed 30 years in duration, with the dormitory authority of  the  state
    26  of  New  York  and/or the urban development corporation, upon such terms
    27  and conditions as the director of the budget and dormitory authority  of
    28  the  state  of  New  York and/or the urban development corporation shall
    29  agree. Any service contract or other [agreements] agreement entered into
    30  pursuant to this  paragraph  shall  provide  for  state  commitments  to
    31  provide  annually  to  the  dormitory authority of the state of New York
    32  and/or the urban development corporation a sum or sums, upon such  terms
    33  and  conditions  as  shall  be deemed appropriate by the director of the
    34  budget and the dormitory authority of the state of New York  and/or  the
    35  urban  development  corporation,  to  fund the payment of all amounts to
    36  become due and payable under any line of credit  facility  and,  to  the
    37  extent  applicable  any  [state personal income tax revenue bonds and/or
    38  state service contract bonds] state-supported debt issued  to  refinance
    39  all  or  a  portion  of the amounts drawn and remaining unpaid, together
    40  with related expenses and fees to become due and payable under such line
    41  of credit facility. Any such  service  contract  or  other  [agreements]
    42  agreement shall provide that the obligation of the director of the budg-
    43  et  or  of  the state to fund or to pay the amounts therein provided for
    44  shall not constitute a debt of the  state  within  the  meaning  of  any
    45  constitutional or statutory provision and shall be deemed executory only
    46  to  the  extent  moneys  are  available  and  that no liability shall be
    47  incurred by the state beyond the moneys available for such purpose,  and
    48  that  such obligation is subject to annual appropriation by the legisla-
    49  ture.
    50    [(h)] (i) Any service contract or other [agreements] agreement entered
    51  into pursuant to paragraph [(g)] (h) of this subdivision or any payments
    52  made or to be made thereunder may be assigned and pledged by the  dormi-
    53  tory  authority  of  the  state of New York and/or the urban development
    54  corporation as security for any related payment obligation it  may  have
    55  with  one  or  more  financial institutions in connection with a line of
    56  credit facility authorized by paragraph [(b)] (c) of this subdivision.

        S. 2505                            122                           A. 3005

     1    [(i)] (j) In addition to the foregoing, the director  of  the  budget,
     2  the  dormitory authority of the state of New York and the urban develop-
     3  ment corporation shall each be  authorized  to  enter  into  such  other
     4  agreements  and  to take or cause to be taken such additional actions as
     5  are  necessary  or  desirable  to  effectuate the purposes of the trans-
     6  actions contemplated by a  line  of  credit  facility  and  the  related
     7  service contract or other agreement.
     8    [(j)]  (k) No later than seven days after a draw occurs on the line of
     9  credit facility, the director of the budget shall  provide  notification
    10  of  such draw to the president pro tempore of the senate and the speaker
    11  of the assembly.
    12    [(k)] (l) The authorization, establishment and use  by  the  dormitory
    13  authority of the state of New York and the urban development corporation
    14  of  a  line of credit facility authorized by paragraph [(b)] (c) of this
    15  subdivision, and the execution, sale and  issuance  of  [state  personal
    16  income tax revenue bonds and/or state service contract bonds] state-sup-
    17  ported  debt  to refinance any such line of credit facility shall not be
    18  deemed an action, as such term is defined in article 8 of  the  environ-
    19  mental  conservation  law,  for  the  purposes  of  such  article.  Such
    20  exemption shall be strictly limited in its application to such financing
    21  activities of the dormitory authority of the state of New York  and  the
    22  urban  development  corporation  undertaken pursuant to this section and
    23  does not exempt any other entity from compliance with such article.
    24    [(l)] (m) Nothing contained in this  section  shall  be  construed  to
    25  limit  the  abilities  of  the director of the budget and the authorized
    26  issuers of state-supported debt to perform their respective  obligations
    27  on  existing service contracts or other agreements entered into prior to
    28  April 1, [2020] 2021.
    29    2. Effect of inconsistent provisions. Insofar  as  the  provisions  of
    30  this  section  are  inconsistent  with  the provisions of any other law,
    31  general, special, or local, the provisions of this act shall be control-
    32  ling.
    33    3. Severability; construction. The provisions of this section shall be
    34  severable, and if the application of any  clause,  sentence,  paragraph,
    35  subdivision,  section  or  part of this section to any person or circum-
    36  stance shall be adjudged by any court of competent  jurisdiction  to  be
    37  invalid,  such  judgment shall not necessarily affect, impair or invali-
    38  date the application of any such clause, sentence,  paragraph,  subdivi-
    39  sion,  section,  part  of this section or remainder thereof, as the case
    40  may be, to any other person or circumstance, but shall  be  confined  in
    41  its  operation  to the clause, sentence, paragraph, subdivision, section
    42  or part thereof directly involved in the controversy in which such judg-
    43  ment shall have been rendered.
    44    § 48. Section 56 of section 1 of chapter 174  of  the  laws  of  1968,
    45  constituting  the   New York state urban development corporation act, as
    46  added by section 49-c of part JJ of chapter 56 of the laws of  2020,  is
    47  amended to read as follows:
    48    §  56.  State-supported debt; [2021] 2022. 1. In light of the [signif-
    49  icant] continuing adverse impact that the [global spread of the]  COVID-
    50  19  [coronavirus  disease]  pandemic  is  [having  and  is]  expected to
    51  [continue to] have on the health and welfare of individuals in the state
    52  as well as [on] to the financial  condition  of  the  state  during  the
    53  state's 2022 fiscal year, and notwithstanding any other provision of law
    54  to  the  contrary,  the dormitory authority of the state of New York and
    55  the urban development corporation are each authorized  to  issue  state-
    56  supported  debt  pursuant to article 5-B, article 5-C and article 5-F of

        S. 2505                            123                           A. 3005

     1  the state finance law to assist the state to manage its financing  needs
     2  during  its [2021] 2022 fiscal year, without regard to any restrictions,
     3  limitations and requirements contained  in  article  5-B  of  the  state
     4  finance law[, other than subdivision 4 of section 67-b of such article],
     5  and  such  state-supported  debt shall be deemed to be issued for (i) an
     6  authorized purpose within the meaning of subdivision 2 of  section  68-a
     7  of  the  state  finance law for all purposes of article 5-C of the state
     8  finance law and section 92-z of  the  state  finance  law,  or  (ii)  an
     9  authorized  purpose  within the meaning of subdivision 2 of section 69-m
    10  of the state finance law for all purposes of article 5-F  of  the  state
    11  finance  law  and section 92-h of the state finance law, as the case may
    12  be. Furthermore, any bonds issued  directly  by  the  state  during  the
    13  state's  [2021]  2022  fiscal year shall be issued without regard to any
    14  restrictions, limitations and requirements contained in article  5-B  of
    15  the state finance law[, other than subdivision 4 of section 67-b of such
    16  article].  For  so  long  as  any state-supported debt issued during the
    17  state's [2021] 2022 fiscal year shall remain outstanding, including  any
    18  state-supported debt issued to refund state-supported debt issued during
    19  such   fiscal  year,  the  restrictions,  limitations  and  requirements
    20  contained in article 5-B of the state finance law, [other than  subdivi-
    21  sion 4 of section 67-b of such article,] shall not apply.
    22    2.  Effect  of  inconsistent  provisions. Insofar as the provisions of
    23  this section are inconsistent with the  provisions  of  any  other  law,
    24  general, special, or local, the provisions of this act shall be control-
    25  ling.
    26    3. Severability; construction. The provisions of this section shall be
    27  severable,  and  if  the application of any clause, sentence, paragraph,
    28  subdivision, section or part of this section to any  person  or  circum-
    29  stance  shall  be  adjudged by any court of competent jurisdiction to be
    30  invalid, such judgment shall not necessarily affect, impair  or  invali-
    31  date  the  application of any such clause, sentence, paragraph, subdivi-
    32  sion, section, part of this section or remainder thereof,  as  the  case
    33  may  be,  to  any other person or circumstance, but shall be confined in
    34  its operation to the clause, sentence, paragraph,  subdivision,  section
    35  or part thereof directly involved in the controversy in which such judg-
    36  ment shall have been rendered.
    37    §  49.  Section  3238-a  of  the public authorities law, as amended by
    38  section 1 of part V of chapter 63 of the laws of  2003,  is  amended  to
    39  read as follows:
    40    §  3238-a.  Payment to city of New York. 1. Notwithstanding any incon-
    41  sistent provision of law, the corporation shall transfer to the city  of
    42  New  York  one hundred seventy million dollars from the resources of the
    43  corporation pursuant to section thirty-two hundred thirty-nine  of  this
    44  title[.  Such payment]; provided, however, that on and after July first,
    45  two thousand twenty, the obligation of  the  corporation  to  make  such
    46  transfer shall be conditioned on any bonds issued by the sales tax asset
    47  receivables  corporation  that are secured by the corporation's payments
    48  described in this subdivision being outstanding in accordance  with  the
    49  trust  indenture  under which they were issued, while any such bonds are
    50  outstanding such payments shall be made during each  city  fiscal  year.
    51  Such  payments  from  the corporation shall be made from the fund estab-
    52  lished by section ninety-two-r of the state finance law and  in  accord-
    53  ance with the provisions thereof.
    54    2.  The city of New York, acting by the mayor alone, may assign all or
    55  any portion of such amount to any  not-for-profit  corporation  incorpo-
    56  rated  pursuant to section fourteen hundred eleven of the not-for-profit

        S. 2505                            124                           A. 3005

     1  corporation law and, upon such assignment, the amount so assigned  shall
     2  be  the  property  of  such not-for-profit corporation for all purposes.
     3  Following notice from the city of New York to the  corporation  and  the
     4  comptroller  of  such assignment, such payment shall be made directly to
     5  the city's assignee. If such  not-for-profit  corporation  issues  bonds
     6  and/or notes, the state does hereby pledge and agree with the holders of
     7  any  issue of bonds and/or notes secured by such a pledge that the state
     8  will not limit or alter the rights vested in such not-for-profit  corpo-
     9  ration  to fulfill the terms of any agreements made with such holders or
    10  in any way impair the rights and remedies of such holders or the securi-
    11  ty for such bonds and/or notes until such bonds and/or  notes,  together
    12  with  the interest thereon and all costs and expenses in connection with
    13  any action or proceeding by or on behalf of such holders, are fully paid
    14  and discharged. The foregoing pledge and agreement may  be  included  in
    15  any agreement with the holders of such bonds or notes. Nothing contained
    16  in  this  section  shall be deemed to restrict the right of the state to
    17  amend, modify, repeal or otherwise alter statutes imposing  or  relating
    18  to  the  taxes  subject  to such assignment, but such taxes shall in all
    19  events continue to be so payable, as assigned, so long as any such taxes
    20  are imposed.
    21    3. The state may, at any time, provide  proceeds  of  state  supported
    22  debt,  as  defined  in  subdivision  one of section sixty-seven-a of the
    23  state finance law, or other available monies, to  the  trustee  for  the
    24  bonds  of  the  sales  tax  asset  receivable corporation secured by the
    25  corporation's payments described in subdivision one of this  section  in
    26  an amount sufficient to fully pay and discharge such bonds by means of a
    27  legal  defeasance  of  all such outstanding bonds in accordance with the
    28  trust indenture under which they were issued. Upon any such legal defea-
    29  sance of such bonds, the corporation's obligation contained in  subdivi-
    30  sion one of this section to transfer funds to the city of New York shall
    31  be deemed satisfied and fully discharged.
    32    4.  Notwithstanding  any  inconsistent provision of law, the dormitory
    33  authority of the state of New York and the New York state urban develop-
    34  ment corporation are hereby authorized to issue bonds  in  one  or  more
    35  series pursuant to article five-C or article five-F of the state finance
    36  law in an aggregate principal amount sufficient to (i) finance the legal
    37  defeasance  of  all  of  the  outstanding  bonds  of the sales tax asset
    38  receivable corporation secured by the corporation's  payments  described
    39  in  subdivision  one  of  this  section,  (ii)  one or more related debt
    40  service reserve funds, and (iii) costs of issuance attributable to  such
    41  bonds,  and the issuance of such bonds is hereby determined to be for an
    42  "authorized purpose", as defined in subdivision two  of  section  sixty-
    43  eight-a and subdivision two of section sixty-nine-m of the state finance
    44  law, as the case may be.
    45    §  50.  Paragraph  a  of  subdivision  5  of section 89-b of the state
    46  finance law, as amended by section 11 of part C of  chapter  57  of  the
    47  laws of 2014, is amended to read as follows:
    48    a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
    49  following appropriation by the legislature, be  utilized  for:    recon-
    50  struction,  replacement, reconditioning, restoration, rehabilitation and
    51  preservation of state, county, town, city and village  roads,  highways,
    52  parkways,  and  bridges  thereon,  to  restore  such facilities to their
    53  intended  functions;  construction,  reconstruction,   enhancement   and
    54  improvement  of  state, county, town, city, and village roads, highways,
    55  parkways, and bridges thereon, to address current and projected capacity
    56  problems including costs for  traffic  mitigation  activities;  aviation

        S. 2505                            125                           A. 3005

     1  projects authorized pursuant to section fourteen-j of the transportation
     2  law  and  for payments to the general debt service fund of amounts equal
     3  to amounts required for service contract payments  related  to  aviation
     4  projects  as provided and authorized by section three hundred eighty-six
     5  of the public authorities law; programs to assist small and minority and
     6  women-owned firms engaged  in  transportation  construction  and  recon-
     7  struction  projects,  including  a  revolving  fund  for working capital
     8  loans, and a bonding guarantee assistance  program  in  accordance  with
     9  provisions of this chapter; matching federal grants or apportionments to
    10  the state for highway, parkway and bridge capital projects; the acquisi-
    11  tion  of  real property and interests therein required or expected to be
    12  required in connection with such projects; preventive maintenance activ-
    13  ities necessary to ensure that highways, parkways and  bridges  meet  or
    14  exceed their optimum useful life; expenses of control of snow and ice on
    15  state  highways  by  the  department of transportation including but not
    16  limited to personal services, nonpersonal services and fringe  benefits,
    17  payment  of  emergency aid for control of snow and ice in municipalities
    18  pursuant to section fifty-five of the highway law, expenses  of  control
    19  of  snow and ice on state highways by municipalities pursuant to section
    20  twelve of the highway law, and  for  expenses  of  arterial  maintenance
    21  agreements  with  cities pursuant to section three hundred forty-nine of
    22  the highway law; personal services,  nonpersonal  services,  and  fringe
    23  benefit  costs  of  the  department  of  transportation  for  bus safety
    24  inspection activities, rail  safety  inspection  activities,  and  truck
    25  safety inspection activities; costs of the department of motor vehicles,
    26  including but not limited to personal and nonpersonal services; costs of
    27  engineering and administrative services of the department of transporta-
    28  tion,  including  but  not  limited  to  fringe  benefits;  the contract
    29  services provided by private firms in accordance with  section  fourteen
    30  of  the  transportation law; personal services and nonpersonal services,
    31  for activities including but not limited to the preparation of  designs,
    32  plans,  specifications and estimates; construction management and super-
    33  vision activities; costs of appraisals, surveys,  testing  and  environ-
    34  mental  impact  statements  for  transportation  projects;  expenses  in
    35  connection with buildings, equipment, materials and facilities  used  or
    36  useful  in  connection  with  the  maintenance, operation, and repair of
    37  highways,  parkways  and  bridges  thereon;  and  project   costs   for:
    38  construction,  reconstruction, improvement, reconditioning and preserva-
    39  tion of rail freight facilities and intercity rail passenger  facilities
    40  and equipment; construction, reconstruction, improvement, reconditioning
    41  and   preservation  of  state,  municipal  and  privately  owned  ports;
    42  construction, reconstruction, improvement, reconditioning and  preserva-
    43  tion  of municipal airports; privately owned airports and aviation capi-
    44  tal facilities, excluding airports operated by the state or operated  by
    45  a bi-state municipal corporate instrumentality for which federal funding
    46  is  not  available  provided  the project is consistent with an approved
    47  airport layout  plan;  and  construction,  reconstruction,  enhancement,
    48  improvement,  replacement,  reconditioning,  restoration, rehabilitation
    49  and preservation of state, county, town, city and village  roads,  high-
    50  ways,  parkways  and bridges; and construction, reconstruction, improve-
    51  ment, reconditioning and  preservation  of  fixed  ferry  facilities  of
    52  municipal  and  privately owned ferry lines for transportation purposes,
    53  and the payment of debt service required on any bonds,  notes  or  other
    54  obligations  and  related  expenses  for  highway,  parkway,  bridge and
    55  project costs for: construction, reconstruction,  improvement,  recondi-
    56  tioning  and  preservation of rail freight facilities and intercity rail

        S. 2505                            126                           A. 3005

     1  passenger  facilities  and  equipment;   construction,   reconstruction,
     2  improvement,  reconditioning  and  preservation  of state, municipal and
     3  privately owned ports; construction, reconstruction, improvement, recon-
     4  ditioning  and  preservation  of  municipal  airports;  privately  owned
     5  airports and aviation capital facilities, excluding airports operated by
     6  the state or operated by a bi-state municipal corporate  instrumentality
     7  for  which  federal  funding  is  not  available provided the project is
     8  consistent with an approved airport layout  plan;  construction,  recon-
     9  struction, enhancement, improvement, replacement, reconditioning, resto-
    10  ration, rehabilitation and preservation of state, county, town, city and
    11  village  roads, highways, parkways and bridges; and construction, recon-
    12  struction, improvement, reconditioning and preservation of  fixed  ferry
    13  facilities  of municipal and privately owned ferry lines for transporta-
    14  tion purposes, purposes authorized on or after  the  effective  date  of
    15  this  section.  Beginning with disbursements made on and after the first
    16  day of April, nineteen hundred ninety-three, moneys in such  fund  shall
    17  be  available  to  pay such costs or expenses made pursuant to appropri-
    18  ations or reappropriations made during the state fiscal year which began
    19  on the first of April, nineteen hundred ninety-two. Beginning the  first
    20  day  of  April, nineteen hundred ninety-three, moneys in such fund shall
    21  also be used for transfers to the general  debt  service  fund  and  the
    22  [revenue  bond  tax]  general fund of amounts equal to that respectively
    23  required for  service  contract  and  financing  agreement  payments  as
    24  provided  and  authorized  by section three hundred eighty of the public
    25  authorities law, section eleven of chapter three hundred twenty-nine  of
    26  the  laws  of  nineteen  hundred  ninety-one,  as  amended, and sections
    27  sixty-eight-c and sixty-nine-o of this chapter.
    28    § 51. Paragraph c of subdivision  5  of  section  89-b  of  the  state
    29  finance law is REPEALED.
    30    §  52.  Subdivision  5  of  section  97-f of the state finance law, as
    31  amended by section 49 of part TTT of chapter 59 of the laws of 2019,  is
    32  amended to read as follows:
    33    5. The comptroller shall from time to time, but in no event later than
    34  the  fifteenth  day  of  each  month, pay over for deposit in the mental
    35  hygiene general fund state operations account, including moneys pursuant
    36  to subdivision eight of this section, all moneys in  the  mental  health
    37  services fund in excess of the amount of money required to be maintained
    38  on  deposit  in  the mental health services fund. Subject to subdivision
    39  nine of this section, the amount required to be maintained in such  fund
    40  shall be (i) twenty percent of the amount of the next payment coming due
    41  relating  to  the  mental health services facilities improvement program
    42  under any agreement between the facilities development  corporation  and
    43  the  New York state medical care facilities finance agency multiplied by
    44  the number of months from the date of the last such payment with respect
    45  to payments under any such agreement required to be made  semi-annually,
    46  plus  (ii) those amounts specified in any such agreement with respect to
    47  payments required to be made other  than  semi-annually,  including  for
    48  variable  rate  bonds,  interest  rate exchange or similar agreements or
    49  other financing arrangements permitted by  law.  Concurrently  with  the
    50  making of any such payment, the facilities development corporation shall
    51  deliver  to the comptroller, the director of the budget and the New York
    52  state medical care facilities finance agency a certificate  stating  the
    53  aggregate  amount  to  be  maintained  on  deposit  in the mental health
    54  services fund to comply in full with the provisions of this subdivision.

        S. 2505                            127                           A. 3005

     1    § 53. Subdivision 8 of section 97-f  of  the  state  finance  law,  as
     2  amended  by section 49 of part TTT of chapter 59 of the laws of 2019, is
     3  amended to read as follows:
     4    8. [In addition to the amounts required to be maintained on deposit in
     5  the  mental  health  services  fund pursuant to subdivision five of this
     6  section and subject to subdivision nine of this section, the fund  shall
     7  maintain  on  deposit an amount equal to the debt service and other cash
     8  requirements on  mental  health  services  facilities  bonds  issued  by
     9  authorized  issuers  pursuant to sections sixty-eight-b and sixty-nine-n
    10  of this chapter. The amount required to be maintained in such fund shall
    11  be (i) twenty percent of the amount  of  the  next  payment  coming  due
    12  relating to mental health services facilities bonds issued by an author-
    13  ized issuer multiplied by the number of months from the date of the last
    14  such payment with respect to payments required to be made semi-annually,
    15  plus (ii) those amounts specified in any financing agreement between the
    16  issuer  and  the  state, acting through the director of the budget, with
    17  respect to payments  required  to  be  made  other  than  semi-annually,
    18  including  for  variable  rate  bonds, interest rate exchange or similar
    19  agreements or other financing arrangements permitted by  law.    Concur-
    20  rently  with  the making of any such payment, the facilities development
    21  corporation shall deliver to the comptroller, the director of the budget
    22  and the New York state medical care facilities finance agency a  certif-
    23  icate  stating  the  aggregate amount to be maintained on deposit in the
    24  mental health services fund to comply in full  with  the  provisions  of
    25  this subdivision.
    26    No  later  than five days prior to the payment to be made by the state
    27  comptroller on such mental health services facilities bonds pursuant  to
    28  sections  ninety-two-z and ninety-two-h of this article, the] The amount
    29  of [such] payment on such mental health services facilities bonds pursu-
    30  ant to sections ninety-two-z and ninety-two-h of this article, shall  be
    31  transferred  by  the  state  comptroller from the mental health services
    32  fund to the [revenue bond tax fund established by  section  ninety-two-z
    33  of  this  article  and  the  sales  tax revenue bond fund established by
    34  section ninety-two-h of this article] mental hygiene general fund  state
    35  operation  account. The accumulation of moneys pursuant to this subdivi-
    36  sion and subsequent transfer to the [revenue bond tax fund and the sales
    37  tax revenue bond fund]  mental  hygiene  general  fund  state  operation
    38  account  shall  be subordinate in all respects to payments to be made to
    39  the New York state medical care facilities finance  agency  and  to  any
    40  pledge or assignment pursuant to subdivision six of this section.
    41    § 54. Subdivision 9 of section 97-f of the state finance law, as added
    42  by  section 49 of part TTT of chapter 59 of the laws of 2019, is amended
    43  to read as follows:
    44    9. In determining the amounts required to be maintained in the  mental
    45  health  services  fund under [subdivisions] subdivision five [and eight]
    46  of this section in each month, the amount of  receipts  associated  with
    47  loans,  leases  and other agreements with voluntary agencies accumulated
    48  and set aside in the mental hygiene facilities improvement  fund  income
    49  account  under  paragraph  g of subdivision three of section nine of the
    50  facilities development corporation act shall be taken into account as  a
    51  credit  but  only  if  such  crediting  does  not  result in the amounts
    52  required to be maintained in the mental health services  fund  exclusive
    53  of any credit to be less than the amount required under subdivision five
    54  of this section in each month.
    55    §  55.  Subdivision  (j)  of section 92-dd of the state finance law is
    56  REPEALED.

        S. 2505                            128                           A. 3005

     1    § 56. Subdivision 3-a of section 2872 of  the  public  health  law  is
     2  REPEALED and a new subdivision 3-a is added to read as follows:
     3    3-a.  "Secured  hospital  project  bonds" shall mean outstanding bonds
     4  issued on behalf of  a  not-for-profit  hospital  corporation  organized
     5  under  the laws of this state, which hospital has previously been desig-
     6  nated by the commissioner and the public health council to  be  eligible
     7  to receive distributions from the reimbursement pools established pursu-
     8  ant to paragraph (c) of subdivision nine of section twenty-eight hundred
     9  seven-a  of  this chapter, or any successor pool or pools established to
    10  serve a substantially similar purpose to such pools.
    11    § 57. Section 2874 of the public health law is amended by adding a new
    12  subdivision 5 to read as follows:
    13    5. The dormitory authority of the state of New York and the  New  York
    14  state  urban development corporation are each hereby authorized to issue
    15  bonds in one or more series pursuant to article 5-C or  article  5-F  of
    16  the  state  finance law for the purpose of refunding outstanding secured
    17  hospital project bonds, as defined in  subdivision  three-a  of  section
    18  twenty-eight  hundred seventy-two of this article, and to finance one or
    19  more related debt service reserve funds and to  pay  costs  of  issuance
    20  attributable  to such refunding bonds.  The use of all savings resulting
    21  from the refunding of any outstanding secured  hospital  project  bonds,
    22  including original issue premium, shall be determined by the director of
    23  the budget.
    24    §  58.  This  act shall take effect immediately and shall be deemed to
    25  have been in full force and effect on and after April 1, 2021; provided,
    26  however, that the provisions of sections one, one-a, two,  three,  four,
    27  five,  six,  seven, eight, twelve, thirteen, fourteen, fifteen, sixteen,
    28  seventeen, eighteen, nineteen, twenty-one, and twenty-two  of  this  act
    29  shall  expire  March 31, 2022 when upon such date the provisions of such
    30  sections shall be deemed repealed; and  provided  further  that  section
    31  forty-six  of  this  act  shall be deemed to have been in full force and
    32  effect on and after April 1, 2020; and provided further that the  amend-
    33  ments  to  section  3238-a of the public authorities law made by section
    34  forty-nine of this act shall be subject to the repeal  of  such  section
    35  and shall expire and be deemed repealed therewith.
    36    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    37  sion,  section  or  part  of  this act shall be adjudged by any court of
    38  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    39  impair,  or  invalidate  the remainder thereof, but shall be confined in
    40  its operation to the clause, sentence, paragraph,  subdivision,  section
    41  or part thereof directly involved in the controversy in which such judg-
    42  ment shall have been rendered. It is hereby declared to be the intent of
    43  the  legislature  that  this  act  would  have been enacted even if such
    44  invalid provisions had not been included herein.
    45    § 3. This act shall take effect immediately  provided,  however,  that
    46  the applicable effective date of Parts A through QQ of this act shall be
    47  as specifically set forth in the last section of such Parts.