S T A T E O F N E W Y O R K
________________________________________________________________________
6005
2015-2016 Regular Sessions
I N A S S E M B L Y
March 9, 2015
___________
Introduced by COMMITTEE ON RULES -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the executive law, in relation to authorizing the
commissioner of corrections and community supervision to make the
final decision on medical parole for certain eligible non-violent
inmates (Part A); to amend chapter 887 of the laws of 1983, amending
the correction law relating to the psychological testing of candi-
dates, in relation to the effectiveness thereof; to amend chapter 428
of the laws of 1999, amending the executive law and the criminal
procedure law relating 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 thereof; 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 correction-
al 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 effectiveness thereof; to amend chapter 60 of the laws
of 1994 relating to certain provisions which impact upon expenditure
of certain appropriations made by chapter 50 of the laws of 1994
enacting the state operations budget, 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 depart-
ment of correctional services and division of parole into the depart-
ment of corrections and community supervision, in relation to the
effectiveness thereof; to amend chapter 55 of the laws of 1992, amend-
ing the tax law and other laws relating to taxes, surcharges, fees and
funding, in relation to extending the expiration of certain provisions
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD20003-01-5
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of such chapter; to amend chapter 907 of the laws of 1984, amending
the correction law, the New York city criminal court act and the exec-
utive 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 mandatory surcharge and victim assist-
ance fee; to amend chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock device program,
in relation to extending the expiration thereof; to amend chapter 435
of the laws of 1997, amending the military law and other laws relating
to various provisions, in relation to extending the expiration date of
the merit provisions of the correction law and the penal law of such
chapter; to amend chapter 412 of the laws of 1999, amending the civil
practice law and rules and the court of claims act relating to prison-
er 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 chap-
ter 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 protec-
tive measures for certain child witnesses, in relation to extending
the expiration of the provisions thereof; to amend chapter 3 of the
laws of 1995, enacting 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
effectiveness thereof; to amend part H of chapter 56 of the laws of
2009, amending the correction law relating to limiting the closing of
certain correctional facilities, providing for the custody by the
department of correctional 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 part C of chapter 152 of the
laws of 2001, amending the military 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 chap-
ter 503 of the laws of 2009, relating to the disposition of monies
recovered by county district attorneys before the filing of an accusa-
tory instrument, in relation to the effectiveness thereof (Part B);
relating to transferring certain employees of the division of state
police to the office of general services (Part C); to amend the work-
ers' compensation law, in relation to eliminating certain arbitration
and license fees; and to repeal paragraph (c) of subdivision 1 and
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subparagraph (iii) of paragraph (b) of subdivision 3 of section 13-c
of the workers' compensation law relating to payment of license fees
(Part D); to amend the election law, in relation to campaign finance
(Part E); intentionally omitted (Part F); intentionally omitted (Part
G); to amend the civil service law and the correction law, in relation
to salaries (Part H); intentionally omitted (Part I); to amend the
civil service law, in relation to auditing enrollee information in the
New York State Health Insurance Program (Part J); to amend the state
finance law, in relation to increasing the allowable balance in the
rainy day reserve fund, and in relation to updating consulting
services reporting (Part K); intentionally omitted (Part L); to amend
chapter 674 of the laws of 1993, amending the public buildings law
relating to value limitations on contracts, in relation to extending
the effectiveness thereof (Part M); to amend the public buildings law,
in relation to increasing the threshold of small capital projects
delegated by OGS to one hundred fifty thousand dollars (Part N); to
amend the state finance law, in relation to the creation of a new
dedicated infrastructure investment fund (Part O); to provide for the
administration of certain funds and accounts related to the 2014-15
budget, authorizing certain payments and transfers; to amend the state
finance law, in relation to school tax relief fund; to amend the state
finance law, in relation to payments, transfers and deposits; to amend
the New York state urban development corporation act, in relation to
funding project costs for certain capital projects; to amend 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 bonds; to amend the private housing
finance law, in relation to housing program bonds and notes; to amend
chapter 329 of the laws of 1991, amending the state finance law and
other laws relating to the establishment of the dedicated highway and
bridge trust fund, in relation to the issuance of bonds; to amend the
public authorities law, in relation to the dormitory authority; to
amend chapter 61 of the laws of 2005, providing for the administration
of certain funds and accounts related to the 2005-2006 budget, in
relation to issuance of bonds by the urban development corporation; to
amend the New York state urban development corporation act, in
relation to funding project costs for the Binghamton university school
of pharmacy, New York power electronic manufacturing consortium and
the nonprofit infrastructure capital investment program; to amend the
public authorities law, in relation to the state environmental infras-
tructure projects; to amend the New York state urban development
corporation act, in relation to authorizing the urban development
corporation to issue bonds to fund project costs for the implementa-
tion of a NY-CUNY challenge grant program; to amend chapter 81 of the
laws of 2002, providing for the administration of certain funds and
accounts related to the 2002-2003 budget, in relation to increasing
the aggregate amount of bonds to be issued by the New York state urban
development corporation; to amend the public authorities law, in
relation to financing of peace bridge and transportation capital
projects; to amend the public authorities law, in relation to dormito-
ries at certain educational institutions other than state operated
institutions and statutory or contract colleges under the jurisdiction
of the state university of New York; to amend the public authorities
law, in relation to authorization for the issuance of bonds for the
capital restructuring bond finance program and the health care facili-
ty transformation program; to amend chapter 389 of the laws of 1997,
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relating to the financing of the correctional facilities improvement
fund and the youth facility improvement fund, in relation to the issu-
ance of bonds; to amend the New York state medical care facilities
finance agency act, in relation to bonds and mental health facilities
improvement notes; to amend chapter 174 of the laws of 1968, consti-
tuting the New York state urban development corporation act, in
relation to the aggregate amount of and issuance of certain bonds; and
to amend chapter 63 of the laws of 2005, relating to the composition
and responsibilities of the New York state higher education capital
matching grant board, in relation to increasing the amount of author-
ized matching capital grants; and providing for the repeal of certain
provisions upon expiration thereof (Part P); to amend the retirement
and social security law and the civil service law, in relation to
university police officers appointed by the state university of New
York (Part Q); intentionally omitted (Part R); to amend the state
finance law, in relation to certain municipalities receiving state aid
(Part S); to amend the county law, in relation to the office of indi-
gent legal services (Part T); to amend the public service law, in
relation to creating the state office of the utility consumer advocate
(Part U); to amend the public service law, in relation to utility
intervenor reimbursement; and to amend the state finance law, in
relation to establishing the utility intervenor account (Part V); and
to amend chapter 141 of the laws of 1994, amending the legislative law
and the state finance law relating to the operation and administration
of the legislature, in relation to extending such provisions (Part W)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2015-2016
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through W. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes a reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. Section 259-r of the executive law is amended by adding a
14 new subdivision 10 to read as follows:
15 10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE CASE OF AN
16 INMATE WHOSE TERMINAL CONDITION, DISEASE OR SYNDROME MEETS THE CRITERIA
17 FOR MEDICAL PAROLE AS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION ONE OF
18 THIS SECTION, AND WHO IS NOT SERVING A SENTENCE FOR ONE OR MORE OFFENSES
19 SET FORTH IN PARAGRAPH (I) OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED
20 SIX OF THE CORRECTION LAW WHICH WOULD RENDER SUCH INMATE INELIGIBLE FOR
21 PRESUMPTIVE RELEASE, THE GRANTING OF MEDICAL PAROLE SHALL BE DETERMINED
22 BY THE COMMISSIONER INSTEAD OF THE BOARD OF PAROLE. IN SUCH CASE, THE
23 PROVISIONS THAT WOULD HAVE APPLIED TO AND THE PROCEDURES THAT WOULD HAVE
24 BEEN FOLLOWED BY THE BOARD OF PAROLE PURSUANT TO THIS SECTION SHALL
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1 APPLY TO AND BE FOLLOWED BY THE COMMISSIONER, EXCEPT THAT ANY DECISION
2 MADE BY THE COMMISSIONER PURSUANT TO THIS SECTION MAY NOT BE APPEALED.
3 ANY ACTION BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEEMED
4 A JUDICIAL FUNCTION AND SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE
5 WITH LAW.
6 S 2. Section 259-s of the executive law is amended by adding a new
7 subdivision 10 to read as follows:
8 10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE CASE OF AN
9 INMATE WHOSE SIGNIFICANT AND PERMANENT NON-TERMINAL CONDITION, DISEASE
10 OR SYNDROME MEETS THE CRITERIA FOR MEDICAL PAROLE AS SET FORTH IN PARA-
11 GRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, AND WHO IS NOT SERVING A
12 SENTENCE FOR ONE OR MORE OFFENSES SET FORTH IN PARAGRAPH (I) OF SUBDIVI-
13 SION ONE OF SECTION EIGHT HUNDRED SIX OF THE CORRECTION LAW WHICH WOULD
14 RENDER SUCH INMATE INELIGIBLE FOR PRESUMPTIVE RELEASE, THE GRANTING OF
15 MEDICAL PAROLE SHALL BE DETERMINED BY THE COMMISSIONER INSTEAD OF THE
16 BOARD OF PAROLE. IN SUCH CASE, THE PROVISIONS THAT WOULD HAVE APPLIED TO
17 AND THE PROCEDURES THAT WOULD HAVE BEEN FOLLOWED BY THE BOARD OF PAROLE
18 PURSUANT TO THIS SECTION SHALL APPLY TO AND BE FOLLOWED BY THE COMMIS-
19 SIONER, EXCEPT THAT ANY DECISION MADE BY THE COMMISSIONER PURSUANT TO
20 THIS SECTION MAY NOT BE APPEALED. ANY ACTION BY THE COMMISSIONER PURSU-
21 ANT TO THIS SECTION SHALL BE DEEMED A JUDICIAL FUNCTION AND SHALL NOT BE
22 REVIEWABLE IF DONE IN ACCORDANCE WITH LAW.
23 S 3. This act shall take effect immediately.
24 PART B
25 Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
26 correction law relating to the psychological testing of candidates, as
27 amended by section 1 of part E of chapter 55 of the laws of 2013, is
28 amended to read as follows:
29 S 2. This act shall take effect on the one hundred eightieth day after
30 it shall have become a law and shall remain in effect until September 1,
31 [2015] 2017.
32 S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
33 tive law and the criminal procedure law relating to expanding the
34 geographic area of employment of certain police officers, as amended by
35 section 2 of part E of chapter 55 of the laws of 2013, is amended to
36 read as follows:
37 S 3. This act shall take effect on the first day of November next
38 succeeding the date on which it shall have become a law, and shall
39 remain in effect until the first day of September, [2015] 2017, when it
40 shall expire and be deemed repealed.
41 S 3. Section 3 of chapter 886 of the laws of 1972, amending the
42 correction law and the penal law relating to prisoner furloughs in
43 certain cases and the crime of absconding therefrom, as amended by
44 section 3 of part E of chapter 55 of the laws of 2013, is amended to
45 read as follows:
46 S 3. This act shall take effect 60 days after it shall have become a
47 law and shall remain in effect until September 1, [2015] 2017.
48 S 4. Section 20 of chapter 261 of the laws of 1987, amending chapters
49 50, 53 and 54 of the laws of 1987, the correction law, the penal law and
50 other chapters and laws relating to correctional facilities, as amended
51 by section 4 of part E of chapter 55 of the laws of 2013, is amended to
52 read as follows:
53 S 20. This act shall take effect immediately except that section thir-
54 teen of this act shall expire and be of no further force or effect on
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1 and after September 1, [2015] 2017 and shall not apply to persons
2 committed to the custody of the department after such date, and provided
3 further that the commissioner of [correctional services] CORRECTIONS AND
4 COMMUNITY SUPERVISION shall report each January first and July first
5 during such time as the earned eligibility program is in effect, to the
6 chairmen of the senate crime victims, crime and correction committee,
7 the senate codes committee, the assembly correction committee, and the
8 assembly codes committee, the standards in effect for earned eligibility
9 during the prior six-month period, the number of inmates subject to the
10 provisions of earned eligibility, the number who actually received
11 certificates of earned eligibility during that period of time, the
12 number of inmates with certificates who are granted parole upon their
13 first consideration for parole, the number with certificates who are
14 denied parole upon their first consideration, and the number of individ-
15 uals granted and denied parole who did not have earned eligibility
16 certificates.
17 S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
18 amending the tax law and other laws relating to taxes, surcharges, fees
19 and funding, as amended by section 5 of part E of chapter 55 of the laws
20 of 2013, is amended to read as follows:
21 (q) the provisions of section two hundred eighty-four of this act
22 shall remain in effect until September 1, [2015] 2017 and be applicable
23 to all persons entering the program on or before August 31, [2015] 2017.
24 S 6. Section 10 of chapter 339 of the laws of 1972, amending the
25 correction law and the penal law relating to inmate work release,
26 furlough and leave, as amended by section 6 of part E of chapter 55 of
27 the laws of 2013, is amended to read as follows:
28 S 10. This act shall take effect 30 days after it shall have become a
29 law and shall remain in effect until September 1, [2015] 2017, and
30 provided further that the commissioner of correctional services shall
31 report each January first, and July first, to the chairman of the senate
32 crime victims, crime and correction committee, the senate codes commit-
33 tee, the assembly correction committee, and the assembly codes commit-
34 tee, the number of eligible inmates in each facility under the custody
35 and control of the commissioner who have applied for participation in
36 any program offered under the provisions of work release, furlough, or
37 leave, and the number of such inmates who have been approved for partic-
38 ipation.
39 S 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994
40 relating to certain provisions which impact upon expenditure of certain
41 appropriations made by chapter 50 of the laws of 1994 enacting the state
42 operations budget, as amended by section 7 of part E of chapter 55 of
43 the laws of 2013, is amended to read as follows:
44 (c) sections forty-one and forty-two of this act shall expire Septem-
45 ber 1, [2015] 2017; provided, that the provisions of section forty-two
46 of this act shall apply to inmates entering the work release program on
47 or after such effective date; and
48 S 8. Subdivision h of section 74 of chapter 3 of the laws of 1995,
49 amending the correction law and other laws relating to the incarceration
50 fee, as amended by section 8 of part E of chapter 55 of the laws of
51 2013, is amended to read as follows:
52 h. Section fifty-two of this act shall be deemed to have been in full
53 force and effect on and after April 1, 1995; provided, however, that the
54 provisions of section 189 of the correction law, as amended by section
55 fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
56 as amended by section fifty-six of this act, and section fifty-seven of
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1 this act shall expire September 1, [2015] 2017, when upon such date the
2 amendments to the correction law and penal law made by sections fifty-
3 five and fifty-six of this act shall revert to and be read as if the
4 provisions of this act had not been enacted; provided, however, that
5 sections sixty-two, sixty-three and sixty-four of this act shall be
6 deemed to have been in full force and effect on and after March 1, 1995
7 and shall be deemed repealed April 1, 1996 and upon such date the
8 provisions of subsection (e) of section 9110 of the insurance law and
9 subdivision 2 of section 89-d of the state finance law shall revert to
10 and be read as set out in law on the date immediately preceding the
11 effective date of sections sixty-two and sixty-three of this act;
12 S 9. Subdivision (c) of section 49 of subpart A of part C of chapter
13 62 of the laws of 2011 amending the correction law and the executive
14 law, relating to merging the department of correctional services and
15 division of parole into the department of corrections and community
16 supervision, as amended by section 9 of part E of chapter 55 of the laws
17 of 2013, is amended to read as follows:
18 (c) that the amendments to subdivision 9 of section 201 of the
19 correction law as added by section thirty-two of this act shall remain
20 in effect until September 1, [2015] 2017, when it shall expire and be
21 deemed repealed;
22 S 10. Subdivision (aa) of section 427 of chapter 55 of the laws of
23 1992, amending the tax law and other laws relating to taxes, surcharges,
24 fees and funding, as amended by section 10 of part E of chapter 55 of
25 the laws of 2013, is amended to read as follows:
26 (aa) the provisions of sections three hundred eighty-two, three
27 hundred eighty-three and three hundred eighty-four of this act shall
28 expire on September 1, [2015] 2017;
29 S 11. Section 12 of chapter 907 of the laws of 1984, amending the
30 correction law, the New York city criminal court act and the executive
31 law relating to prison and jail housing and alternatives to detention
32 and incarceration programs, as amended by section 11 of part E of chap-
33 ter 55 of the laws of 2013, is amended to read as follows:
34 S 12. This act shall take effect immediately, except that the
35 provisions of sections one through ten of this act shall remain in full
36 force and effect until September 1, [2015] 2017 on which date those
37 provisions shall be deemed to be repealed.
38 S 12. Subdivision (p) of section 406 of chapter 166 of the laws of
39 1991, amending the tax law and other laws relating to taxes, as amended
40 by section 12 of part E of chapter 55 of the laws of 2013, is amended to
41 read as follows:
42 (p) The amendments to section 1809 of the vehicle and traffic law made
43 by sections three hundred thirty-seven and three hundred thirty-eight of
44 this act shall not apply to any offense committed prior to such effec-
45 tive date; provided, further, that section three hundred forty-one of
46 this act shall take effect immediately and shall expire November 1, 1993
47 at which time it shall be deemed repealed; sections three hundred
48 forty-five and three hundred forty-six of this act shall take effect
49 July 1, 1991; sections three hundred fifty-five, three hundred fifty-
50 six, three hundred fifty-seven and three hundred fifty-nine of this act
51 shall take effect immediately and shall expire June 30, 1995 and shall
52 revert to and be read as if this act had not been enacted; section three
53 hundred fifty-eight of this act shall take effect immediately and shall
54 expire June 30, 1998 and shall revert to and be read as if this act had
55 not been enacted; section three hundred sixty-four through three hundred
56 sixty-seven of this act shall apply to claims filed on or after such
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1 effective date; sections three hundred sixty-nine, three hundred seven-
2 ty-two, three hundred seventy-three, three hundred seventy-four, three
3 hundred seventy-five and three hundred seventy-six of this act shall
4 remain in effect until September 1, [2015] 2017, at which time they
5 shall be deemed repealed; provided, however, that the mandatory
6 surcharge provided in section three hundred seventy-four of this act
7 shall apply to parking violations occurring on or after said effective
8 date; and provided further that the amendments made to section 235 of
9 the vehicle and traffic law by section three hundred seventy-two of this
10 act, the amendments made to section 1809 of the vehicle and traffic law
11 by sections three hundred thirty-seven and three hundred thirty-eight of
12 this act and the amendments made to section 215-a of the labor law by
13 section three hundred seventy-five of this act shall expire on September
14 1, [2015] 2017 and upon such date the provisions of such subdivisions
15 and sections shall revert to and be read as if the provisions of this
16 act had not been enacted; the amendments to subdivisions 2 and 3 of
17 section 400.05 of the penal law made by sections three hundred seventy-
18 seven and three hundred seventy-eight of this act shall expire on July
19 1, 1992 and upon such date the provisions of such subdivisions shall
20 revert and shall be read as if the provisions of this act had not been
21 enacted; the state board of law examiners shall take such action as is
22 necessary to assure that all applicants for examination for admission to
23 practice as an attorney and counsellor at law shall pay the increased
24 examination fee provided for by the amendment made to section 465 of the
25 judiciary law by section three hundred eighty of this act for any exam-
26 ination given on or after the effective date of this act notwithstanding
27 that an applicant for such examination may have prepaid a lesser fee for
28 such examination as required by the provisions of such section 465 as of
29 the date prior to the effective date of this act; the provisions of
30 section 306-a of the civil practice law and rules as added by section
31 three hundred eighty-one of this act shall apply to all actions pending
32 on or commenced on or after September 1, 1991, provided, however, that
33 for the purposes of this section service of such summons made prior to
34 such date shall be deemed to have been completed on September 1, 1991;
35 the provisions of section three hundred eighty-three of this act shall
36 apply to all money deposited in connection with a cash bail or a
37 partially secured bail bond on or after such effective date; and the
38 provisions of sections three hundred eighty-four and three hundred
39 eighty-five of this act shall apply only to jury service commenced
40 during a judicial term beginning on or after the effective date of this
41 act; provided, however, that nothing contained herein shall be deemed to
42 affect the application, qualification, expiration or repeal of any
43 provision of law amended by any section of this act and such provisions
44 shall be applied or qualified or shall expire or be deemed repealed in
45 the same manner, to the same extent and on the same date as the case may
46 be as otherwise provided by law;
47 S 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
48 amended by section 13 of part E of chapter 55 of the laws of 2013, is
49 amended to read as follows:
50 8. The provisions of this section shall only apply to offenses commit-
51 ted on or before September first, two thousand [fifteen] SEVENTEEN.
52 S 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
53 cle and traffic law relating to the ignition interlock device program,
54 as amended by section 14 of part E of chapter 55 of the laws of 2013, is
55 amended to read as follows:
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1 S 6. This act shall take effect on the first day of April next
2 succeeding the date on which it shall have become a law; provided,
3 however, that effective immediately, the addition, amendment or repeal
4 of any rule or regulation necessary for the implementation of the fore-
5 going sections of this act on their effective date is authorized and
6 directed to be made and completed on or before such effective date and
7 shall remain in full force and effect until the first day of September,
8 [2015] 2017 when upon such date the provisions of this act shall be
9 deemed repealed.
10 S 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
11 laws of 1997, amending the military law and other laws relating to vari-
12 ous provisions, as amended by section 15 of part E of chapter 55 of the
13 laws of 2013, is amended to read as follows:
14 a. sections forty-three through forty-five of this act shall expire
15 and be deemed repealed on September 1, [2015] 2017;
16 S 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
17 the civil practice law and rules and the court of claims act relating to
18 prisoner litigation reform, as amended by section 16 of part E of chap-
19 ter 55 of the laws of 2013, is amended to read as follows:
20 S 4. This act shall take effect 120 days after it shall have become a
21 law and shall remain in full force and effect until September 1, [2015]
22 2017, when upon such date it shall expire.
23 S 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
24 constituting the family protection and domestic violence intervention
25 act of 1994, as amended by section 17 of part E of chapter 55 of the
26 laws of 2013, is amended to read as follows:
27 2. Subdivision 4 of section 140.10 of the criminal procedure law as
28 added by section thirty-two of this act shall take effect January 1,
29 1996 and shall expire and be deemed repealed on September 1, [2015]
30 2017.
31 S 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
32 inal procedure law relating to the use of closed-circuit television and
33 other protective measures for certain child witnesses, as amended by
34 section 18 of part E of chapter 55 of the laws of 2013, is amended to
35 read as follows:
36 S 5. This act shall take effect immediately and shall apply to all
37 criminal actions and proceedings commenced prior to the effective date
38 of this act but still pending on such date as well as all criminal
39 actions and proceedings commenced on or after such effective date and
40 its provisions shall expire on September 1, [2015] 2017, when upon such
41 date the provisions of this act shall be deemed repealed.
42 S 19. Subdivision d of section 74 of chapter 3 of the laws of 1995,
43 enacting the sentencing reform act of 1995, as amended by section 19 of
44 part E of chapter 55 of the laws of 2013, is amended to read as follows:
45 d. Sections one-a through twenty, twenty-four through twenty-eight,
46 thirty through thirty-nine, forty-two and forty-four of this act shall
47 be deemed repealed on September 1, [2015] 2017;
48 S 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
49 nal procedure law relating to electronic court appearance in certain
50 counties, as amended by section 20 of part E of chapter 55 of the laws
51 of 2013, is amended to read as follows:
52 S 2. This act shall take effect immediately, except that the
53 provisions of this act shall be deemed to have been in full force and
54 effect since July 1, 1992 and the provisions of this act shall expire
55 September 1, [2015] 2017 when upon such date the provisions of this act
56 shall be deemed repealed.
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1 S 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
2 utive law relating to enacting the interstate compact for adult offender
3 supervision, as amended by section 21 of part E of chapter 55 of the
4 laws of 2013, is amended to read as follows:
5 S 3. This act shall take effect immediately, except that section one
6 of this act shall take effect on the first of January next succeeding
7 the date on which it shall have become a law, and shall remain in effect
8 until the first of September, [2015] 2017, upon which date this act
9 shall be deemed repealed and have no further force and effect; provided
10 that section one of this act shall only take effect with respect to any
11 compacting state which has enacted an interstate compact entitled
12 "Interstate compact for adult offender supervision" and having an iden-
13 tical effect to that added by section one of this act and provided
14 further that with respect to any such compacting state, upon the effec-
15 tive date of section one of this act, section 259-m of the executive law
16 is hereby deemed REPEALED and section 259-mm of the executive law, as
17 added by section one of this act, shall take effect; and provided
18 further that with respect to any state which has not enacted an inter-
19 state compact entitled "Interstate compact for adult offender super-
20 vision" and having an identical effect to that added by section one of
21 this act, section 259-m of the executive law shall take effect and the
22 provisions of section one of this act, with respect to any such state,
23 shall have no force or effect until such time as such state shall adopt
24 an interstate compact entitled "Interstate compact for adult offender
25 supervision" and having an identical effect to that added by section one
26 of this act in which case, with respect to such state, effective imme-
27 diately, section 259-m of the executive law is deemed repealed and
28 section 259-mm of the executive law, as added by section one of this
29 act, shall take effect.
30 S 22. Section 8 of part H of chapter 56 of the laws of 2009, amending
31 the correction law relating to limiting the closing of certain correc-
32 tional facilities, providing for the custody by the department of
33 correctional services of inmates serving definite sentences, providing
34 for custody of federal prisoners and requiring the closing of certain
35 correctional facilities, as amended by section 22 of part E of chapter
36 55 of the laws of 2013, is amended to read as follows:
37 S 8. This act shall take effect immediately; provided, however that
38 sections five and six of this act shall expire and be deemed repealed
39 September 1, [2015] 2017.
40 S 23. Section 3 of part C of chapter 152 of the laws of 2001 amending
41 the military law relating to military funds of the organized militia, as
42 amended by section 23 of part E of chapter 55 of the laws of 2013, is
43 amended to read as follows:
44 S 3. This act shall take effect on the same date as the reversion of
45 subdivision 5 of section 183 and subdivision 1 of section 221 of the
46 military law as provided by section 76 of chapter 435 of the laws of
47 1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
48 standing this act shall be deemed to have been in full force and effect
49 on and after July 31, 2005 and shall remain in full force and effect
50 until September 1, [2015] 2017 when upon such date this act shall
51 expire.
52 S 24. Section 5 of chapter 554 of the laws of 1986, amending the
53 correction law and the penal law relating to providing for community
54 treatment facilities and establishing the crime of absconding from the
55 community treatment facility, as amended by section 24 of part E of
56 chapter 55 of the laws of 2013, is amended to read as follows:
A. 6005 11
1 S 5. This act shall take effect immediately and shall remain in full
2 force and effect until September 1, [2015] 2017, and provided further
3 that the commissioner of correctional services shall report each January
4 first and July first during such time as this legislation is in effect,
5 to the chairmen of the senate crime victims, crime and correction
6 committee, the senate codes committee, the assembly correction commit-
7 tee, and the assembly codes committee, the number of individuals who are
8 released to community treatment facilities during the previous six-month
9 period, including the total number for each date at each facility who
10 are not residing within the facility, but who are required to report to
11 the facility on a daily or less frequent basis.
12 S 25. Section 2 of part H of chapter 503 of the laws of 2009 relating
13 to the disposition of monies recovered by county district attorneys
14 before the filing of an accusatory instrument, as amended by section 1
15 of part C of chapter 55 of the laws of 2014, is amended to read as
16 follows:
17 S 2. This act shall take effect immediately and shall remain in full
18 force and effect until March 31, [2015] 2016, when it shall expire and
19 be deemed repealed.
20 S 26. This act shall take effect immediately, provided however that
21 section twenty-five of this act shall be deemed to have been in full
22 force and effect on and after March 31, 2015.
23 PART C
24 Section 1. Employees of the division of state police in the unclassi-
25 fied service of the state, who are substantially engaged in the perform-
26 ance of duties to support business and financial services, administra-
27 tive services, payroll administration, time and attendance, benefit
28 administration, and other transactional human resources functions, may
29 be transferred to the office of general services in accordance with the
30 provisions of section 45 of the civil service law as if the state had
31 taken over a private entity. No employee who is transferred pursuant to
32 this act shall suffer a reduction in basic annual salary as a result of
33 the transfer.
34 S 2. This act shall take effect immediately.
35 PART D
36 Section 1. Paragraph (c) of subdivision 1 of section 13-c of the work-
37 ers' compensation law is REPEALED.
38 S 2. Subparagraph (iii) of paragraph (b) of subdivision 3 of section
39 13-c of the workers' compensation law is REPEALED.
40 S 3. Subdivision 4 of section 13-g of the workers' compensation law,
41 as amended by section 4 of part GG of chapter 57 of the laws of 2013, is
42 amended to read as follows:
43 (4) A provider initiating an arbitration, including a single arbitra-
44 tor process, pursuant to this section shall NOT pay a fee [as determined
45 by regulations promulgated by the chair, to be used] to cover the costs
46 related to the conduct of such arbitration. [Upon resolution in favor of
47 such party, the amount due, based upon the bill in dispute, shall be
48 increased by the amount of the fee paid by such party. Where a partial
49 award is made, the amount due, based upon the bill in dispute, shall be
50 increased by a part of such fee.] Each member of an arbitration commit-
51 tee for medical bills, and each member of an arbitration committee for
52 hospital bills shall be entitled to receive and shall be paid a fee for
A. 6005 12
1 each day's attendance at an arbitration session in any one count in an
2 amount fixed by the chair of the workers' compensation board.
3 S 4. Paragraph (b) of subdivision 3-b of section 50 of the workers'
4 compensation law, as amended by chapter 139 of the laws of 2008, is
5 amended to read as follows:
6 (b) The board, in its rules, may provide for the issuance of licenses
7 to persons, firms or corporations, upon such proof of character and
8 fitness as it may deem necessary, [and may provide for a license fee in
9 an amount not exceeding one hundred dollars a year, and an annual
10 authorization fee in an amount not exceeding five hundred dollars a year
11 for each designated representative] WITHOUT ANNUAL LICENSE FEE, and for
12 the giving of a bond running to the people of the state of New York,
13 conditioned upon the faithful performance of all duties required of such
14 person, firm or corporation, and in an amount to be fixed by the board
15 in its rules. Such bond shall be approved by the board as to form and
16 sufficiency and shall be filed with it. [All license and authorization
17 fees collected under the provisions of this section shall be paid into
18 the state treasury.]
19 S 5. Paragraph (e) of subdivision 7 of section 13-m of the workers'
20 compensation law, as amended by section 7 of part GG of chapter 57 of
21 the laws of 2013, is amended to read as follows:
22 (e) A provider initiating an arbitration, including a single arbitra-
23 tor process, pursuant to this section shall NOT BE REQUIRED TO pay a
24 fee[, as determined by regulations promulgated by the chair, to be used]
25 to cover the costs related to the conduct of such arbitration. [Upon
26 resolution in favor of such party, the amount due, based upon the bill
27 in dispute, shall be increased by the amount of the fee paid by such
28 party. Where a partial award is made, the amount due, based upon the
29 bill in dispute, shall be increased by a part of such fee.]
30 S 6. Paragraph (e) of subdivision 6 of section 13-1 of the workers'
31 compensation law, as amended by section 6 of part GG of chapter 57 of
32 the laws of 2013, is amended to read as follows:
33 (e) A provider initiating an arbitration, including a single arbitra-
34 tor process, pursuant to this section shall NOT pay a fee[, as deter-
35 mined by regulations promulgated by the chair, to be used] to cover the
36 costs related to the conduct of such arbitration. [Upon resolution in
37 favor of such party, the amount due, based upon the bill in dispute,
38 shall be increased by the amount of the fee paid by such party. Where a
39 partial award is made, the amount due, based upon the bill in dispute,
40 shall be increased by a part of such fee.]
41 S 7. Paragraph (e) of subdivision 6 of section 13-k of the workers'
42 compensation law, as amended by section 5 of part GG of chapter 57 of
43 the laws of 2013, is amended to read as follows:
44 (e) A provider initiating an arbitration, including a single arbi-
45 tration process, pursuant to this section shall NOT BE REQUIRED TO pay a
46 fee[, as determined by regulations promulgated by the chair, to be used
47 to cover the costs] related to the conduct of such arbitration. [Upon
48 resolution in favor of such party, the amount due, based upon the bill
49 in dispute, shall be increased by the amount of the fee paid by such
50 party. Where a partial award is made, the amount due, based upon the
51 bill in dispute shall be increased by a part of such fee.] Each member
52 of the arbitration committee shall be entitled to receive and shall be
53 paid a fee for each day's attendance at an arbitration session in an
54 amount fixed by the chair of the workers' compensation board.
55 S 8. Section 24-a of the workers' compensation law, as amended by
56 chapter 133 of the laws of 1982, subdivision 1 as amended by chapter 61
A. 6005 13
1 of the laws of 1989, subdivision 2 as amended and subdivision 5 as added
2 by chapter 347 of the laws of 1987, is amended to read as follows:
3 S 24-a. Representation before the workers' compensation board. 1. No
4 person, firm or corporation, other than an attorney and counsellor-at-
5 law, shall appear on behalf of any claimant or person entitled to the
6 benefits of this chapter, before the board or any officer, agent or
7 employee of the board assigned to conduct any hearing, investigation or
8 inquiry relative to a claim for compensation or benefits under this
9 chapter, unless he or she shall be a citizen of the United States or an
10 alien lawfully admitted for permanent residence in the United States,
11 and shall have obtained from the board a license authorizing him or her
12 to appear in matters or proceedings before the board. Such license shall
13 be issued by the board in accordance with the rules established by it.
14 Any person, firm or corporation violating the aforesaid provisions shall
15 be guilty of a misdemeanor. The board, in its rules, shall provide for
16 the issuance of licenses to representatives of charitable and welfare
17 organizations, and to associations who employ a representative to appear
18 for members of such association, upon certification of the proper offi-
19 cer of such association or organization, which licenses shall issue
20 without charge; and may provide for a license WITHOUT fee in the case of
21 all other persons, firms or corporations in an amount to be fixed by
22 said rules[, not exceeding the sum of one hundred dollars a year. All
23 license fees collected under the provisions of this section shall be
24 paid into the state treasury]. The board shall have such tests of char-
25 acter and fitness with respect to applicants for licenses, and such
26 rules governing the conduct of those licensed, as aforesaid, as it may
27 deem necessary.
28 2. There shall be maintained in each office of the board a registry or
29 list of persons to whom licenses have been issued as provided herein,
30 which list shall be corrected as often as licenses are issued or
31 revoked. Absence of a record of a license issued as herein provided
32 shall be prima facie evidence that a person, firm or corporation is not
33 licensed to represent claimants. Any such license may be revoked by the
34 board, for cause, after a hearing before the board. No license hereunder
35 shall be issued for a period longer than three years from the date of
36 its issuance.
37 [3. No fee or allowance, in accordance with the provisions of section
38 twenty-four of this chapter, shall be made for services rendered by any
39 such person, firm or corporation who has received a license hereunder
40 without payment of a license fee.
41 4.] 3. Refusal by any person to whom a license has been issued author-
42 izing him to appear on behalf of any claimant to answer, upon request of
43 the board, or other duly authorized officer, board or committee of the
44 state, any legal question or to produce any relevant book or paper
45 concerning his conduct under such license, shall constitute adequate
46 cause for revocation thereof.
47 [5.] 4. Only an attorney, or a representative licensed in accordance
48 with rules established by the board pursuant to subdivisions three-b and
49 three-d of section fifty of this chapter, shall appear on behalf of an
50 employer or an insurance carrier regarding a claim for compensation or
51 any benefits under this chapter before the board or any officer, agent
52 or employee of the board assigned to conduct any hearing relative to a
53 claim for compensation or benefits under this chapter. The provisions of
54 this subdivision shall not apply to a designated regular employee of a
55 self-insured employer, or of an insurance carrier appearing on behalf of
A. 6005 14
1 his or her employer, but the board may prohibit the appearance of any
2 such employee for cause.
3 S 9. This act shall take effect April 1, 2015.
4 PART E
5 Section 1. Section 14-100 of the election law is amended by adding
6 four new subdivisions 15, 16, 17 and 18 to read as follows:
7 15. "INTERMEDIARY" MEANS AN INDIVIDUAL, CORPORATION, PARTNERSHIP,
8 POLITICAL COMMITTEE, LABOR ORGANIZATION, OR OTHER ENTITY WHICH, OTHER
9 THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY, OR MESSEN-
10 GER SERVICE, DELIVERS TEN OR MORE CONTRIBUTIONS FROM OTHER PERSONS OR
11 ENTITIES TO A CANDIDATE OR AN AUTHORIZED COMMITTEE.
12 "INTERMEDIARY" SHALL NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS,
13 CHILDREN, SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF
14 MEMBER OR VOLUNTEER OF THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE
15 BOARD OF ELECTIONS.
16 16. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
17 NATED BY A CANDIDATE TO RECEIVE ALL CONTRIBUTIONS AUTHORIZED BY THIS
18 TITLE.
19 17. "INDEPENDENT EXPENDITURE COMMITTEE" MEANS A POLITICAL COMMITTEE
20 THAT: (1) MAKES ONLY INDEPENDENT EXPENDITURES AS DEFINED IN THIS ARTI-
21 CLE; (2) CONDUCTS ITS ACTIVITIES ENTIRELY INDEPENDENT OF CANDIDATES; AND
22 (3) HAS NOT BEEN AUTHORIZED BY, REQUESTED BY, SUGGESTED BY, FOSTERED BY,
23 OR OTHERWISE COOPERATED IN ANY WAY IN THE FORMATION OR OPERATION OF A
24 CANDIDATE'S CAMPAIGN, A CANDIDATE'S POLITICAL COMMITTEE, OR ANY OTHER
25 COMMITTEE THAT MAKES EXPENDITURES FOR OR ON BEHALF OF A POLITICAL PARTY
26 OR A CANDIDATE.
27 18. "POLITICAL ACTION COMMITTEE" MEANS A POLITICAL COMMITTEE WHICH
28 MAKES NO EXPENDITURES, TO AID OR TAKE PART IN THE ELECTION OR DEFEAT OF
29 A CANDIDATE, OTHER THAN IN THE FORM OF CONTRIBUTIONS INCLUDING IN-KIND
30 CONTRIBUTIONS.
31 S 2. Subdivision 1 of section 14-102 of the election law, as amended
32 by chapter 8 and as redesignated by chapter 9 of the laws of 1978, is
33 amended to read as follows:
34 1. The treasurer of every political committee which, or any officer,
35 member or agent of any such committee who, in connection with any
36 election, receives or expends any money or other valuable thing or
37 incurs any liability to pay money or its equivalent shall file state-
38 ments sworn, or subscribed and bearing a form notice that false state-
39 ments made therein are punishable as a class A misdemeanor pursuant to
40 section 210.45 of the penal law, at the times prescribed by this [arti-
41 cle] TITLE setting forth all the receipts, contributions to and the
42 expenditures by and liabilities of the committee, and of its officers,
43 members and agents in its behalf. Such statements shall include the
44 dollar amount of any receipt, contribution or transfer, or the fair
45 market value of any receipt, contribution or transfer, which is other
46 than of money, the name and address of the transferor, contributor,
47 INTERMEDIARY, or person from whom received, and if the transferor,
48 contributor, INTERMEDIARY, or person is a political committee; the name
49 of and the political unit represented by the committee, the date of its
50 receipt, the dollar amount of every expenditure, the name and address of
51 the person to whom it was made or the name of and the political unit
52 represented by the committee to which it was made and the date thereof,
53 and shall state clearly the purpose of such expenditure. AN INTERMEDIARY
54 NEED NOT BE REPORTED FOR A CONTRIBUTION THAT WAS COLLECTED FROM A
A. 6005 15
1 CONTRIBUTOR IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED EVENT
2 HELD AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION, UNLESS
3 THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH CANDIDATE EXCEED
4 FIVE HUNDRED DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED FROM THAT
5 CONTRIBUTOR AT SUCH EVENT EXCEED FIVE HUNDRED DOLLARS. Any statement
6 reporting a loan shall have attached to it a copy of the evidence of
7 indebtedness. Expenditures in sums under fifty dollars need not be
8 specifically accounted for by separate items in said statements, and
9 receipts and contributions aggregating not more than ninety-nine
10 dollars, from any one contributor need not be specifically accounted for
11 by separate items in said statements, provided however, that such
12 expenditures, receipts and contributions shall be subject to the other
13 provisions of section 14-118 of this [article] TITLE.
14 S 3. Section 14-130 of the election law, as added by chapter 152 of
15 the laws of 1985, is amended to read as follows:
16 S 14-130. Campaign funds for personal use. 1. Contributions received
17 by a candidate or a political committee may be expended for any lawful
18 purpose. Such funds shall not be converted by any person to a personal
19 use which is unrelated to a political campaign or the holding of a
20 public office or party position.
21 2. NO CONTRIBUTION SHALL BE USED TO PAY INTEREST OR ANY OTHER FINANCE
22 CHARGES UPON MONIES LOANED TO THE CAMPAIGN BY SUCH CANDIDATE OR THE
23 SPOUSE OF SUCH CANDIDATE.
24 3. FOR THE PURPOSES OF THIS SECTION, CONTRIBUTIONS "CONVERTED BY ANY
25 PERSON TO A PERSONAL USE" ARE EXPENDITURES THAT ARE EXCLUSIVELY FOR THE
26 PERSONAL BENEFIT OF THE CANDIDATE OR ANY OTHER INDIVIDUAL, NOT IN
27 CONNECTION WITH A POLITICAL CAMPAIGN OR THE HOLDING OF A PUBLIC OFFICE
28 OR PARTY POSITION, AND ARE USED TO FULFILL ANY COMMITMENT, OBLIGATION,
29 OR EXPENSE OF A PERSON THAT WOULD EXIST IRRESPECTIVE OF THE CANDIDATE'S
30 ELECTION CAMPAIGN OR THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE OR THE
31 EXECUTION OF THE DUTIES OF A PARTY OFFICIAL. "CONVERTED BY ANY PERSON TO
32 A PERSONAL USE", WHEN MEETING THE DEFINITION IN THIS SUBDIVISION, SHALL
33 INCLUDE, BUT ARE NOT LIMITED TO, EXPENSES FOR THE FOLLOWING:
34 (I) ANY RESIDENTIAL OR HOUSEHOLD ITEMS, SUPPLIES OR EXPENDITURES,
35 INCLUDING MORTGAGE, RENT OR UTILITY PAYMENTS FOR ANY PART OF ANY
36 PERSONAL RESIDENCE OF A CANDIDATE OR OFFICEHOLDER OR A MEMBER OF THE
37 CANDIDATE'S OR OFFICEHOLDER'S FAMILY THAT ARE NOT INCURRED AS A RESULT
38 OF, OR TO FACILITATE, THE INDIVIDUAL'S CAMPAIGN, OR THE EXECUTION OF HIS
39 OR HER DUTIES OF PUBLIC OFFICE OR PARTY POSITION. IN THE EVENT THAT ANY
40 PROPERTY OR BUILDING IS USED FOR BOTH PERSONAL AND CAMPAIGN USE OR AS
41 PART OF THE EXECUTION OF HIS OR HER DUTIES OF PUBLIC OFFICE OR PARTY
42 POSITION, PERSONAL USE SHALL CONSTITUTE EXPENSES THAT EXCEED THE
43 PRO-RATED AMOUNT FOR SUCH EXPENSES BASED ON FAIR-MARKET VALUE.
44 (II) MORTGAGE, RENT, OR UTILITY PAYMENTS TO A CANDIDATE OR OFFICEHOLD-
45 ER FOR ANY PART OF ANY NON-RESIDENTIAL PROPERTY THAT IS OWNED BY A
46 CANDIDATE OR OFFICEHOLDER OR A MEMBER OF A CANDIDATE'S OR OFFICEHOLDER'S
47 FAMILY AND USED FOR CAMPAIGN PURPOSES, TO THE EXTENT THE PAYMENTS EXCEED
48 THE FAIR MARKET VALUE OF THE PROPERTY'S USAGE FOR CAMPAIGN ACTIVITIES;
49 (III) CLOTHING, OTHER THAN ITEMS THAT ARE USED IN THE CAMPAIGN OR IN
50 THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE OR PARTY POSITION;
51 (IV) TUITION PAYMENTS UNRELATED TO A POLITICAL CAMPAIGN OR THE HOLDING
52 OF A PUBLIC OFFICE OR PARTY POSITION;
53 (V) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO ANY PERSON FOR
54 SERVICES WHERE SUCH SERVICES ARE NOT SOLELY FOR CAMPAIGN PURPOSES OR
55 PROVIDED IN CONNECTION WITH THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE
56 OR PARTY POSITION;
A. 6005 16
1 (VI) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO A MEMBER OF A
2 CANDIDATE'S FAMILY, UNLESS THE FAMILY MEMBER IS PROVIDING BONA FIDE
3 SERVICES TO THE CAMPAIGN. IF A FAMILY MEMBER PROVIDES BONA FIDE SERVICES
4 TO A CAMPAIGN, ANY SALARY PAYMENTS OR OTHER COMPENSATION IN EXCESS OF
5 THE FAIR MARKET VALUE OF THE SERVICES PROVIDED SHALL BE CONSIDERED
6 PAYMENTS FOR PERSONAL USE;
7 (VII) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER FORM
8 OF ENTERTAINMENT, UNLESS SUCH EVENT IS PART OF, OR IN CONNECTION WITH, A
9 CAMPAIGN OR IS RELATED TO THE HOLDING OF PUBLIC OFFICE OR PARTY POSI-
10 TION;
11 (VIII) PAYMENT OF ANY FINES OR PENALTIES ASSESSED PURSUANT TO THIS
12 CHAPTER OR IN CONNECTION WITH A CRIMINAL CONVICTION OR BY THE JOINT
13 COMMISSION FOR PUBLIC ETHICS PURSUANT TO SECTION NINETY-FOUR OF THE
14 EXECUTIVE LAW OR SECTIONS SEVENTY-THREE OR SEVENTY-THREE-A OF THE
15 PUBLIC OFFICERS LAW OR THE LEGISLATIVE ETHICS COMMISSION PURSUANT TO
16 SECTION EIGHTY OF THE LEGISLATIVE LAW, PROVIDED, HOWEVER, FUNDS MAY BE
17 USED TO SATISFY AN ORDER OF RESTITUTION IN CONNECTION WITH SUCH FINE OR
18 PENALTY;
19 (IX) DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH CLUB, RECRE-
20 ATIONAL FACILITY OR OTHER NONPOLITICAL ORGANIZATION, UNLESS THEY ARE
21 PART OF A SPECIFIC FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZA-
22 TION'S PREMISES; AND
23 (X) TRAVEL EXPENSES INCLUDING AUTOMOBILE PURCHASES OR LEASES, UNLESS
24 USED FOR CAMPAIGN PURPOSES OR IN CONNECTION WITH THE EXECUTION OF THE
25 DUTIES OF PUBLIC OFFICE OR PARTY POSITION. IF A CANDIDATE USES CAMPAIGN
26 FUNDS TO PAY EXPENSES ASSOCIATED WITH TRAVEL THAT INVOLVES BOTH PERSONAL
27 ACTIVITIES AND CAMPAIGN ACTIVITIES OR ACTIVITIES IN CONNECTION WITH THE
28 EXECUTION OF THE DUTIES OF PUBLIC OFFICE OR PARTY POSITION, THE INCRE-
29 MENTAL EXPENSES THAT RESULT FROM THE PERSONAL ACTIVITIES SHALL BE
30 CONSIDERED PERSONAL USE UNLESS THE PERSON BENEFITING FROM SUCH PERSONAL
31 USE REIMBURSES THE CAMPAIGN ACCOUNT FOR THE FULL AMOUNT OF SUCH INCRE-
32 MENTAL EXPENSES.
33 4. NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM PURCHASING
34 EQUIPMENT OR PROPERTY FROM HIS OR HER PERSONAL FUNDS AND LEASING OR
35 RENTING SUCH EQUIPMENT OR PROPERTY TO A COMMITTEE WORKING DIRECTLY OR
36 INDIRECTLY WITH HIM TO AID OR PARTICIPATE IN HIS OR HER NOMINATION OR
37 ELECTION, INCLUDING AN EXPLORATORY COMMITTEE, PROVIDED THAT THE CANDI-
38 DATE AND HIS OR HER CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR RENTAL
39 AGREEMENT. SUCH AGREEMENT SHALL INCLUDE THE LEASE OR RENTAL PRICE, WHICH
40 SHALL NOT EXCEED THE FAIR LEASE OR RENTAL VALUE OF THE EQUIPMENT. THE
41 CANDIDATE SHALL NOT RECEIVE LEASE OR RENTAL PAYMENTS WHICH, IN THE
42 AGGREGATE, EXCEED THE COST OF PURCHASING THE EQUIPMENT OR PROPERTY.
43 5. NOTHING IN THIS SECTION SHALL PROHIBIT AN ELECTED PUBLIC OFFICE-
44 HOLDER FROM USING CAMPAIGN CONTRIBUTIONS TO FACILITATE, SUPPORT, OR
45 OTHERWISE ASSIST IN THE EXECUTION OR PERFORMANCE OF THE DUTIES OF HIS OR
46 HER PUBLIC OFFICE.
47 6. THE STATE BOARD OF ELECTIONS SHALL ISSUE ADVISORY OPINIONS UPON
48 REQUEST REGARDING EXPENDITURES THAT MAY OR MAY NOT BE CONSIDERED
49 PERSONAL USE OF CONTRIBUTIONS. SUCH ADVISORY OPINIONS SHALL BE BINDING
50 ON THE BOARD, THE CHIEF ENFORCEMENT COUNSEL ESTABLISHED BY SUBDIVISION
51 THREE-A OF SECTION 3-100 OF THIS CHAPTER, AND IN ANY SUBSEQUENT CIVIL OR
52 CRIMINAL ACTION OR PROCEEDING OR ADMINISTRATIVE PROCEEDING.
53 S 4. Subdivision 3 of section 14-124 of the election law, as amended
54 by chapter 71 of the laws of 1988, is amended to read as follows:
55 3. The contribution and receipt limits of this article shall not apply
56 to monies received and expenditures made by a party committee or consti-
A. 6005 17
1 tuted committee to maintain a permanent headquarters and staff and carry
2 on ordinary activities which are not for the express purpose of promot-
3 ing OR OPPOSING the candidacy of specific candidates. PROVIDED THAT
4 SUCH MONIES DESCRIBED IN THIS SUBDIVISION SHALL BE KEPT IN A SEGREGATED
5 ACCOUNT AND SHALL NOT BE TRANSFERRED OR CONTRIBUTED, UNLESS SUCH TRANS-
6 FER OR CONTRIBUTION IS TO THE SEGREGATED ACCOUNT OF ANOTHER PARTY
7 COMMITTEE OR CONSTITUTED COMMITTEE TO BE USED ONLY FOR NON-CANDIDATE
8 EXPENDITURES. PROVIDED, FURTHER, THAT SUCH MONIES MAY NOT BE USED TO
9 PAY FOR ANY POLITICAL COMMUNICATION THAT INCLUDES OR REFERENCES THE
10 NAME, LIKENESS OR VOICE OF ANY CLEARLY IDENTIFIED CANDIDATE OR ELECTED
11 OFFICIAL.
12 S 5. Paragraph (a) of subdivision 1 and paragraph (d) of subdivision 3
13 of section 14-107 of the election law, as added by section 4 of subpart
14 C of part H of chapter 55 of the laws of 2014, are amended to read as
15 follows:
16 (a) "Independent expenditure" means an expenditure made by a person
17 conveyed to five hundred or more members of a general public audience in
18 the form of (i) an audio or video communication via broadcast, cable or
19 satellite, (ii) a written communication via advertisements, pamphlets,
20 circulars, flyers, brochures, letterheads or (iii) other published
21 statements which: (i) irrespective of when such communication is made,
22 contains words such as "vote," "oppose," "support," "elect," "defeat,"
23 or "reject," which call for the election or defeat of the clearly iden-
24 tified candidate, [or] (ii) refers to and advocates for or against a
25 clearly identified candidate or ballot proposal on or after January
26 first of the year of the election in which such candidate is seeking
27 office or such proposal shall appear on the ballot, OR (III) WITHIN
28 SIXTY DAYS BEFORE A GENERAL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY
29 THE CANDIDATE OR THIRTY DAYS BEFORE A PRIMARY ELECTION, INCLUDES OR
30 REFERENCES A CLEARLY IDENTIFIED CANDIDATE. An independent expenditure
31 shall not include communications where such candidate, the candidate's
32 political committee or its agents, or a political committee formed to
33 promote the success or defeat of a ballot proposal or its agents, did
34 authorize, request, suggest, foster or cooperate in such communication.
35 (d) A knowing and willful violation of the provisions of this subdivi-
36 sion shall subject the person to a civil penalty [equal] UP to five
37 thousand dollars or the cost of the communication, whichever is greater,
38 in a special proceeding or civil action brought by the board [or imposed
39 directly by the board] of elections.
40 S 6. Subdivision 1 of section 14-118 of the election law, as amended
41 by chapter 156 of the laws of 2010, is amended to read as follows:
42 1. Every political committee shall have a treasurer and a depository,
43 and shall cause the treasurer to keep detailed, bound accounts of all
44 receipts, transfers, loans, liabilities, contributions and expenditures,
45 made by the committee or any of its officers, members or agents acting
46 under its authority or in its behalf. All such accounts shall be
47 retained by a treasurer for a period of five years from the date of the
48 filing of the final statement with respect to the election, primary
49 election or convention to which they pertain. No officer, member or
50 agent of any political committee shall receive any receipt, transfer or
51 contribution, or make any expenditure or incur any liability until the
52 committee shall have chosen a treasurer and depository and filed their
53 names in accordance with this subdivision. There shall be filed in the
54 office in which the committee is required to file its statements under
55 section 14-110 of this article, within five days after the choice of a
56 treasurer and depository, a statement giving the name and address of the
A. 6005 18
1 treasurer chosen, the name and address of any person authorized to sign
2 checks by such treasurer, the name and address of the depository chosen
3 and the candidate or candidates or ballot proposal or proposals the
4 success or defeat of which the committee is to aid or take part;
5 provided, however, that such statement shall not be required of a
6 constituted committee and provided further that a political ACTION
7 committee which makes no expenditures, to aid or take part in the
8 election or defeat of a candidate, other than in the form of contrib-
9 utions, shall not be required to list the candidates being supported or
10 opposed by such committee. Such statement shall be signed by the treas-
11 urer and all other persons authorized to sign checks. Any change in the
12 information required in any statement shall be reported, in an amended
13 statement filed in the same manner and in the same office as an original
14 statement filed under this section, within two days after it occurs,
15 except that any change to the mailing address on any such statement
16 filed at the state board may also be made in any manner deemed accepta-
17 ble by the state board. Only a banking organization authorized to do
18 business in this state may be designated a depository hereunder.
19 S 7. The election law is amended by adding a new section 14-107-a to
20 read as follows:
21 S 14-107-A. PROHIBITED SPENDING BY INDEPENDENT EXPENDITURE COMMITTEES
22 AND POLITICAL ACTION COMMITTEES. 1. AN INDEPENDENT EXPENDITURE COMMITTEE
23 SHALL NOT CONTRIBUTE TO ANY CANDIDATE, CONSTITUTED COMMITTEE, POLITICAL
24 COMMITTEE, OR POLITICAL PARTY.
25 2. A POLITICAL ACTION COMMITTEE SHALL NOT MAKE ANY INDEPENDENT EXPEND-
26 ITURES OR CONTRIBUTIONS TO ANY INDEPENDENT EXPENDITURE COMMITTEE.
27 S 8. Section 14-126 of the election law is amended by adding a new
28 subdivision 3-a to read as follows:
29 3-A. ANY PERSON WHO, ACTING AS OR ON BEHALF OF AN INDEPENDENT EXPENDI-
30 TURE COMMITTEE OR A POLITICAL ACTION COMMITTEE, KNOWINGLY AND WILLFULLY
31 VIOLATES SECTION 14-107-A OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL
32 PENALTY, NOT IN EXCESS OF ONE THOUSAND DOLLARS, TO BE RECOVERABLE IN A
33 SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY THE STATE BOARD OF
34 ELECTIONS.
35 S 9. Section 14-116 of the election law, subdivision 1 as redesignated
36 by chapter 9 of the laws of 1978, subdivision 2 as amended by chapter
37 260 of the laws of 1981, is amended to read as follows:
38 S 14-116. Political contributions by certain organizations. 1. No
39 corporation, LIMITED LIABILITY COMPANY, or joint-stock association doing
40 business in this state, except a corporation or association organized or
41 maintained for political purposes only, shall directly or indirectly pay
42 or use or offer, consent or agree to pay or use any money or property
43 for or in aid of any political party, committee or organization, or for,
44 or in aid of, any corporation, LIMITED LIABILITY COMPANY, joint-stock or
45 other association organized or maintained for political purposes, or
46 for, or in aid of, any candidate for political office or for nomination
47 for such office, or for any political purpose whatever, or for the
48 reimbursement or indemnification of any person for moneys or property so
49 used. Any officer, director, stock-holder, attorney or agent of any
50 corporation, LIMITED LIABILITY COMPANY, or joint-stock association which
51 violates any of the provisions of this section, who participates in,
52 aids, abets or advises or consents to any such violations, and any
53 person who solicits or knowingly receives any money or property in
54 violation of this section, shall be guilty of a misdemeanor.
55 2. Notwithstanding the provisions of subdivision one of this section,
56 any corporation or an organization financially supported in whole or in
A. 6005 19
1 part, by such corporation may make expenditures, including contrib-
2 utions, not otherwise prohibited by law, for political purposes, in an
3 amount not to exceed five thousand dollars in the aggregate in any
4 calendar year; provided that no public utility shall use revenues
5 received from the rendition of public service within the state for
6 contributions for political purposes unless such cost is charged to the
7 shareholders of such a public service corporation.
8 S 10. This act shall take effect immediately, provided, however, that
9 section three of this act shall take effect on the sixtieth day after it
10 shall have become a law.
11 PART F
12 Intentionally Omitted
13 PART G
14 Intentionally Omitted
15 PART H
16 Section 1. Paragraph d of subdivision 1 of section 130 of the civil
17 service law is amended by adding four new subparagraphs 4, 5, 6 and 7 to
18 read as follows:
19 (4) EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
20 GRADE HIRING JOB
21 RATE RATE
22 M/C 3 $23,927 $30,588
23 M/C 4 $24,983 $31,977
24 M/C 5 $26,482 $33,528
25 M/C 6 $27,606 $35,248
26 M/C 7 $29,198 $37,156
27 M/C 8 $30,800 $39,071
28 M/C 9 $32,560 $41,150
29 M/C 10 $34,315 $43,433
30 M/C 11 $36,396 $45,844
31 M/C 12 $38,316 $48,249
32 M/C 13 $40,546 $50,929
33 M/C 14 $42,955 $53,731
34 M/C 15 $45,345 $56,632
35 M/C 16 $47,901 $59,653
36 M/C 17 $50,618 $62,942
37 M/C 18 $50,887 $63,146
38 M/C 19 $53,616 $66,429
39 M/C 20 $56,349 $69,761
40 M/C 21 $59,388 $73,364
41 M/C 22 $62,580 $77,218
42 M/C 23 $65,788 $82,195
43 M 1 $71,009 $89,758
44 M 2 $78,752 $99,545
45 M 3 $87,404 $110,451
46 M 4 $96,672 $121,997
47 M 5 $107,340 $135,616
48 M 6 $118,847 $149,486
A. 6005 20
1 M 7 $131,002 $162,244
2 M 8 $110,453+
3 (5) EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
4 GRADE HIRING JOB
5 RATE RATE
6 M/C 3 $24,406 $31,200
7 M/C 4 $25,483 $32,617
8 M/C 5 $27,012 $34,199
9 M/C 6 $28,158 $35,953
10 M/C 7 $29,782 $37,899
11 M/C 8 $31,416 $39,852
12 M/C 9 $33,211 $41,973
13 M/C 10 $35,001 $44,302
14 M/C 11 $37,124 $46,761
15 M/C 12 $39,082 $49,214
16 M/C 13 $41,357 $51,948
17 M/C 14 $43,814 $54,806
18 M/C 15 $46,252 $57,765
19 M/C 16 $48,859 $60,846
20 M/C 17 $51,630 $64,201
21 M/C 18 $51,905 $64,409
22 M/C 19 $54,688 $67,758
23 M/C 20 $57,476 $71,156
24 M/C 21 $60,576 $74,831
25 M/C 22 $63,832 $78,762
26 M/C 23 $67,104 $83,839
27 M 1 $72,429 $91,553
28 M 2 $80,327 $101,536
29 M 3 $89,152 $112,660
30 M 4 $98,605 $124,437
31 M 5 $109,487 $138,328
32 M 6 $121,224 $152,476
33 M 7 $133,622 $165,489
34 M 8 $112,662+
35 (6) EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
36 GRADE HIRING JOB
37 RATE RATE
38 M/C 3 $24,894 $31,824
39 M/C 4 $25,993 $33,269
40 M/C 5 $27,552 $34,883
41 M/C 6 $28,721 $36,672
42 M/C 7 $30,378 $38,657
43 M/C 8 $32,044 $40,649
44 M/C 9 $33,875 $42,812
45 M/C 10 $35,701 $45,188
46 M/C 11 $37,866 $47,696
47 M/C 12 $39,864 $50,198
48 M/C 13 $42,184 $52,987
49 M/C 14 $44,690 $55,902
50 M/C 15 $47,177 $58,920
51 M/C 16 $49,836 $62,063
52 M/C 17 $52,663 $65,485
53 M/C 18 $52,943 $65,697
54 M/C 19 $55,782 $69,113
55 M/C 20 $58,626 $72,579
56 M/C 21 $61,788 $76,328
A. 6005 21
1 M/C 22 $65,109 $80,337
2 M/C 23 $68,446 $85,516
3 M 1 $73,878 $93,384
4 M 2 $81,934 $103,567
5 M 3 $90,935 $114,913
6 M 4 $100,577 $126,926
7 M 5 $111,677 $141,095
8 M 6 $123,648 $155,526
9 M 7 $136,294 $168,799
10 M 8 $114,915+
11 (7) EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
12 GRADE HIRING JOB
13 RATE RATE
14 M/C 3 $25,143 $32,142
15 M/C 4 $26,253 $33,602
16 M/C 5 $27,828 $35,232
17 M/C 6 $29,008 $37,039
18 M/C 7 $30,682 $39,044
19 M/C 8 $32,364 $41,055
20 M/C 9 $34,214 $43,240
21 M/C 10 $36,058 $45,640
22 M/C 11 $38,245 $48,173
23 M/C 12 $40,263 $50,700
24 M/C 13 $42,606 $53,517
25 M/C 14 $45,137 $56,461
26 M/C 15 $47,649 $59,509
27 M/C 16 $50,334 $62,684
28 M/C 17 $53,190 $66,140
29 M/C 18 $53,472 $66,354
30 M/C 19 $56,340 $69,804
31 M/C 20 $59,212 $73,305
32 M/C 21 $62,406 $77,091
33 M/C 22 $65,760 $81,140
34 M/C 23 $69,130 $86,371
35 M 1 $74,617 $94,318
36 M 2 $82,753 $104,603
37 M 3 $91,844 $116,062
38 M 4 $101,583 $128,195
39 M 5 $112,794 $142,506
40 M 6 $124,884 $157,081
41 M 7 $137,657 $170,487
42 M 8 $116,064+
43 S 2. Subdivision 1 of section 19 of the correction law, as added by
44 section 2 of part B of chapter 491 of the laws of 2011, is amended to
45 read as follows:
46 1. This section shall apply to each superintendent of a correctional
47 facility appointed on or after August ninth, nineteen hundred seventy-
48 five and any superintendent heretofore appointed who elects to be
49 covered by the provisions thereof by filing such election with the
50 commissioner.
51 a. The salary schedule for superintendents of a correctional facility
52 with an inmate population capacity of four hundred or more inmates shall
53 be as follows:
54 Effective April first, two thousand eleven:
55 Hiring Rate Job Rate
A. 6005 22
1 $105,913 $144,535
2 Effective April first, two thousand fourteen:
3 Hiring Rate Job Rate
4 $108,031 $147,426
5 Effective April first, two thousand fifteen:
6 Hiring Rate Job Rate
7 $110,192 $150,375
8 EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
9 HIRING RATE JOB RATE
10 $112,396 $153,383
11 EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
12 HIRING RATE JOB RATE
13 $114,644 $156,451
14 EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
15 HIRING RATE JOB RATE
16 $116,937 $159,580
17 EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
18 HIRING RATE JOB RATE
19 $118,106 $161,176
20 b. The salary schedule for superintendents of correctional facilities
21 with an inmate population capacity of fewer than four hundred inmates
22 shall be as follows:
23 Effective April first, two thousand eleven:
24 Hiring Rate Job Rate
25 $82,363 $104,081
26 Effective April first, two thousand fourteen:
27 Hiring Rate Job Rate
28 $84,010 $106,163
29 Effective April first, two thousand fifteen:
30 Hiring Rate Job Rate
31 $85,690 $108,286
32 EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
33 HIRING RATE JOB RATE
34 $87,404 $110,452
35 EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
36 HIRING RATE JOB RATE
37 $89,152 $112,661
38 EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
39 HIRING RATE JOB RATE
40 $90,935 $114,914
41 EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
42 HIRING RATE JOB RATE
43 $91,844 $116,063
44 S 3. Compensation for certain state officers and employees. 1. The
45 provisions of this section, except subdivision 10 of this section, shall
46 apply to the following full-time state officers and employees. The
47 provisions of subdivision 10 shall apply only to those individuals spec-
48 ified therein.
49 (a) officers and employees whose positions are designated managerial
50 or confidential pursuant to article 14 of the civil service law;
51 (b) civilian state employees of the division of military and naval
52 affairs in the executive department whose positions are not in, or are
53 excluded from representation rights in, any recognized or certified
54 negotiating unit;
A. 6005 23
1 (c) officers and employees excluded from representation rights under
2 article 14 of the civil service law pursuant to rules or regulations of
3 the public employment relations board;
4 (d) officers and employees whose salaries are prescribed by section 19
5 of the correction law;
6 (e) officers and employees whose salaries are provided for by para-
7 graph (a) of subdivision 1 of section 215 of the executive law.
8 2. For such officers and employees the following increases shall
9 apply:
10 (a) Effective July 1, 2015, the basic annual salary of officers and
11 employees to whom the provisions of this subdivision apply shall be
12 increased by two percent adjusted to the nearest whole dollar amount.
13 (b) Effective April 1, 2016, the basic annual salary of officers and
14 employees to whom the provisions of this subdivision apply shall be
15 increased by two percent adjusted to the nearest whole dollar amount.
16 (c) Effective April 1, 2017, the basic annual salary of officers and
17 employees to whom the provisions of this subdivision apply shall be
18 increased by two percent adjusted to the nearest whole dollar amount.
19 (d) Effective April 1, 2018, the basic annual salary of officers and
20 employees to whom the provisions of this subdivision apply shall be
21 increased by one percent adjusted to the nearest whole dollar amount.
22 3. If an unencumbered position is one that, if encumbered, would be
23 subject to the provisions of this section, the salary of such position
24 shall be increased by the salary increase amounts specified in this
25 section. If a position is created and is filled by the appointment of an
26 officer or employee who is subject to the provisions of this section,
27 the salary otherwise provided for such position shall be increased in
28 the same manner as though such position had been in existence but unen-
29 cumbered.
30 4. The increases in salary pursuant to this section shall apply on a
31 prorated basis in accordance with guidelines issued by the director of
32 the budget to officers and employees otherwise eligible to receive an
33 increase in salary pursuant to this act who are paid on an hourly or per
34 diem basis, employees serving on a part-time or seasonal basis, and
35 employees paid on any basis other than at an annual salary rate.
36 5. Notwithstanding any of the foregoing provisions of this section,
37 the provisions of this section shall not apply to the following except
38 as otherwise provided by law:
39 (a) officers or employees paid on a fee schedule basis;
40 (b) officers or employees whose salaries are prescribed by section 40,
41 60, or 169 of the executive law;
42 (c) officers or employees in collective negotiating units established
43 pursuant to article 14 of the civil service law.
44 6. Officers and employees to whom the provisions of this section apply
45 who are incumbents of positions that are not allocated to salary grades
46 specified in paragraph d of subdivision 1 of section 130 of the civil
47 service law and whose salary is not prescribed in any other statute
48 shall receive the salary increases specified in subdivision two of this
49 section.
50 7. In order to provide performance advancements, merit awards, longev-
51 ity payments, in lieu payments and special achievement awards for the
52 officers and employees to whom this section applies who are not allo-
53 cated to salary grades in proportion to those provided to persons to
54 whom this section applies who are allocated to salary grades, the direc-
55 tor of the budget is authorized to add appropriate adjustments to the
56 compensation that such officers and employees are otherwise entitled to
A. 6005 24
1 receive. The director of the budget shall amend each agency's personal
2 service certificate to reflect the increases made pursuant to the
3 provisions of this subdivision, and the updated certificate will contin-
4 ue to be available to the state comptroller, the department of civil
5 service, the chairman of the senate finance committee and the chairman
6 of the assembly ways and means committee.
7 8. Notwithstanding any of the foregoing provisions of this section,
8 any increase in compensation for any officer or employee appointed to a
9 lower graded position from a redeployment list pursuant to subdivision 1
10 of section 79 of the civil service law who continues to receive his or
11 her former salary pursuant to such subdivision shall be determined on
12 the basis of such lower graded position provided, however, that the
13 increases in salary provided in subdivision two of this section shall
14 not cause such officer's or employee's salary to exceed the job rate of
15 any such lower graded position at salary grade.
16 9. Notwithstanding any of the foregoing provisions of this section or
17 of any law to the contrary, the director of the budget may reduce the
18 salary of any position which is vacant or which becomes vacant, so long
19 as the position, if encumbered, would be subject to the provisions of
20 this section. The director of the budget does not need to provide a
21 reason for such reduction.
22 10. Compensation for certain state employees in the state university
23 and certain employees of contract colleges at Cornell and Alfred univer-
24 sities.
25 (a) Effective July 1, 2015, April 1, 2016, April 1, 2017 and April 1,
26 2018, the basic annual salary of incumbents of positions in the profes-
27 sional service in the state university that are designated, stipulated,
28 or excluded from negotiating units as managerial or confidential as
29 defined pursuant to article 14 of the civil service law, may be
30 increased pursuant to plans approved by the state university trustees.
31 Such increases in basic annual salary rates shall not exceed in the
32 aggregate two percent of the total basic annual salary rates in effect
33 on June 30, 2015, two percent of the total basic annual salary rates in
34 effect on March 31, 2016, two percent of the total basic annual salary
35 rates in effect on March 31, 2017 and one percent of the total basic
36 annual salary rates in effect on March 31, 2018.
37 (b) Effective July 1, 2015, April 1, 2016, April 1, 2017 and April 1,
38 2018, the basic annual salary of incumbents of positions in the insti-
39 tutions under the management and control of Cornell and Alfred universi-
40 ties as representatives of the board of trustees of the state university
41 that, in the opinion of the director of employee relations, would be
42 designated managerial or confidential were they subject to article 14 of
43 the civil service law may be increased pursuant to plans approved by the
44 state university trustees. Such increases in basic annual salary rates
45 shall not exceed in the aggregate two percent of the total basic annual
46 salary rates in effect on June 30, 2015, two percent of the total basic
47 annual salary rates in effect on March 31, 2016, two percent of the
48 total basic annual salary rates in effect on March 31, 2017 and one
49 percent of the total basic annual salary rates in effect on March 31,
50 2018.
51 (c) During the period July 1, 2015 through March 31, 2019, the basic
52 annual salary of incumbents of positions in the non-professional service
53 that, in the opinion of the director of employee relations, would be
54 designated managerial or confidential were they subject to article 14 of
55 the civil service law, except those positions in the Cornell service and
56 maintenance unit that are subject to the terms of a collective bargain-
A. 6005 25
1 ing agreement between Cornell university and the employee organization
2 representing employees in such positions and except those positions in
3 the Alfred service and maintenance unit that are subject to the terms of
4 a collective bargaining agreement between Alfred university and the
5 employee organization representing employees in such positions, in
6 institutions under the management and control of Cornell and Alfred
7 universities as representatives of the board of trustees of the state
8 university may be increased pursuant to plans approved by the state
9 university trustees. Such plans may include new salary schedules which
10 shall supersede the salary schedules then in effect applicable to such
11 employees. Such plans shall provide for increases in basic annual sala-
12 ries, which, exclusive of performance advancement payments or merit
13 recognition payments, shall not exceed in the aggregate two percent of
14 the total basic annual salary rates in effect on June 30, 2015, two
15 percent of the total basic annual salary rates in effect on March 31,
16 2016, two percent of the total basic annual salary rates in effect on
17 March 31, 2017 and one percent of the total basic annual salary rates in
18 effect on March 31, 2018.
19 (d) For the purposes of this subdivision, the basic annual salary of
20 an employee is that salary that is obtained through direct appropriation
21 of state moneys for the purpose of paying wages. Nothing in this part
22 shall prevent increasing amounts paid to incumbents of such positions in
23 the professional service in addition to the basic annual salary,
24 provided, however, that the amounts required for such increase and the
25 cost of fringe benefits attributable to such increase, as determined by
26 the comptroller, are made available to the state in accordance with the
27 procedures established by the state university, with the approval of the
28 director of the budget, for such purposes.
29 S 4. Use of appropriations. The comptroller is authorized to pay any
30 amounts required during the fiscal year commencing April 1, 2015 by the
31 foregoing provisions of this act for any state department or agency from
32 any appropriation or other funds available to such state department or
33 agency for personal service or for other related employee benefits
34 during such fiscal year. To the extent that such appropriations in any
35 fund, or combinations of funds, are insufficient to accomplish the
36 purposes herein set forth, the director of the budget is authorized to
37 allocate to any department and agency funds, from any appropriations
38 available in any other department's or agency's fund or funds, the
39 amounts necessary to pay such amounts.
40 S 5. Effect of participation in special annuity program. No officer or
41 employee participating in a special annuity program pursuant to the
42 provision of article 8-C of the education law shall, by reason of an
43 increase in compensation pursuant to this act, suffer any reduction of
44 the salary adjustment to which that employee would otherwise be entitled
45 by reason of participation in such program, and such salary adjustment
46 shall be based upon the salary of such officer or employee without
47 regard to the reduction authorized by such article.
48 S 6. Date of entitlement to salary increase. Notwithstanding the
49 provisions of this act or of any other law, the increase in salary or
50 compensation of any officer or employee provided by this act shall be
51 added to the salary or compensation of such officer or employee at the
52 beginning of that payroll period the first day of which is nearest to
53 the effective date of such increase as provided in this act, or at the
54 beginning of the earlier of two payroll periods the first days of which
55 are nearest but equally near to the effective date of such increase as
56 provided in this act, provided, however, that for the purposes of deter-
A. 6005 26
1 mining the salary of such officer or employee upon reclassification,
2 reallocation, appointment, promotion, transfer, demotion, reinstatement
3 or other change of status, such salary increase shall be deemed to be
4 effective on the date thereof as prescribed in this act, and the payment
5 thereof pursuant to this section on a date prior thereto, instead of on
6 such effective date, shall not operate to confer any additional salary
7 rights or benefits on such officer or employee.
8 S 7. This act shall take effect immediately and shall be deemed to
9 have been in full force and effect on and after April 1, 2015.
10 PART I
11 Intentionally Omitted
12 PART J
13 Section 1. Subdivision 2 of section 164 of the civil service law, as
14 added by section 1 of part W of chapter 56 of the laws of 2008, is
15 amended to read as follows:
16 2. [During the fiscal year two thousand eight--two thousand nine]
17 DURING THE FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, the
18 president [shall] MAY establish an amnesty period not to exceed sixty
19 days, PROVIDED THAT THE PRESIDENT CONDUCTS A NYSHIP DEPENDENT ELIGIBIL-
20 ITY AUDIT DURING THE FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND
21 SIXTEEN. During this amnesty period when any employee enrolled in the
22 plan voluntarily identifies any ineligible dependent:
23 (a) the termination of the ineligible dependent's coverage resulting
24 from such employee's timely compliance shall be made on a current basis;
25 (b) the plan shall not seek recovery of any claims paid based on the
26 coverage of the ineligible dependent;
27 (c) the employee shall not be entitled to any refund of premium paid
28 on behalf of any such ineligible dependent; and
29 (d) the employee shall not be subject to any disciplinary, civil or
30 criminal action, directly as a result of the coverage of the ineligible
31 dependent.
32 S 2. This act shall take effect immediately.
33 PART K
34 Section 1. Subdivisions 2 and 3 of section 92-cc of the state finance
35 law, subdivision 2 as amended by section 17 of part U of chapter 59 of
36 the laws of 2012 and subdivision 3 as added by chapter 1 of the laws of
37 2007, are amended to read as follows:
38 2. Such fund shall have a maximum balance not to exceed [three] EIGHT
39 per centum of the aggregate amount projected to be disbursed from the
40 general fund during the fiscal year immediately following the then-cur-
41 rent fiscal year. At the request of the director of the budget, the
42 state comptroller shall transfer monies to the rainy day reserve fund up
43 to and including an amount equivalent to [three-tenths of] one per
44 centum of the aggregate amount projected to be disbursed from the gener-
45 al fund during the then-current fiscal year, unless such transfer would
46 increase the rainy day reserve fund to an amount in excess of [three]
47 EIGHT per centum of the aggregate amount projected to be disbursed from
48 the general fund during the fiscal year immediately following the then-
49 current fiscal year, in which event such transfer shall be limited to
A. 6005 27
1 such amount as will increase the rainy day reserve fund to such [three]
2 EIGHT per centum limitation.
3 3. a. The amounts available in such reserve may be used if the follow-
4 ing conditions are met:
5 (i) Economic downturn. The commissioner of labor shall calculate and
6 publish, on or before the fifteenth day of each month, a composite index
7 of business cycle indicators. Such index shall be calculated using
8 monthly data on New York state employment, total manufacturing hours
9 worked, and unemployment prepared by the department of labor or its
10 successor agency, and total sales tax collected net of law changes,
11 prepared by the department of taxation and finance or its successor
12 agency. Such index shall be constructed in accordance with the proce-
13 dures for calculating composite indexes issued by the conference board
14 or its successor organization, and adjusted for seasonal variations in
15 accordance with the procedures issued by the census bureau of the United
16 States department of commerce or its successor agency. If the composite
17 index declines for [five] THREE consecutive months, the commissioner of
18 labor shall notify the governor, the speaker of the assembly, the tempo-
19 rary president of the senate, and the minority leaders of the assembly
20 and the senate. Upon such notification, the director of the budget may
21 authorize and direct the comptroller to transfer from the rainy day
22 reserve fund to the general fund such amounts as the director of the
23 budget deems necessary to meet the requirements of the state financial
24 plan. The authority to transfer funds under the provisions of this
25 subdivision shall lapse when the composite index shall have increased
26 for [five] THREE consecutive months or twelve months from the original
27 notification of the commissioner of labor, whichever occurs earlier.
28 Provided, however, that for every additional and consecutive monthly
29 decline succeeding the [five] THREE month decline so noted by the
30 commissioner of labor, the twelve month lapse date shall be extended by
31 one additional month; or
32 (ii) Catastrophic events. In the event of a need to repel invasion,
33 suppress insurrection, defend the state in war, or to respond to any
34 other emergency resulting from a disaster, including but not limited to,
35 a disaster caused by an act of terrorism, the director of the budget may
36 authorize and direct the comptroller to transfer from the rainy day
37 reserve fund to the general fund such amounts as the director of the
38 budget deems necessary to meet the requirements of the state financial
39 plan.
40 b. Prior to authorizing any transfer from the rainy day reserve fund
41 pursuant to the provisions of this section, the director of the budget
42 shall notify the speaker of the assembly, the temporary president of the
43 senate, and the minority leaders of the assembly and the senate. Such
44 letter shall specify the reasons for the transfer and the amount there-
45 of. Any amounts transferred from the rainy day reserve fund to the
46 general fund shall be subject to all the repayment provisions of this
47 section.
48 S 2. Paragraphs a-1, a-2 and a-3 of subdivision 3 of section 22 of the
49 state finance law, as added by chapter 10 of the laws of 2006, are
50 amended to read as follows:
51 a-1. For each state agency, the appropriations, including reappropri-
52 ations, made for THE PRIOR TWO STATE FISCAL YEARS, the current STATE
53 fiscal year and recommended for the ensuing STATE fiscal year for
54 contracts for services made for state purposes.
55 a-2. For each state agency, the disbursements FOR THE PRIOR TWO STATE
56 FISCAL YEARS, AND THE DISBURSEMENTS estimated to be made before the
A. 6005 28
1 close of the current STATE fiscal year and proposed to be made during
2 the ensuing STATE fiscal year for contracts for services made for state
3 purposes.
4 a-3. For each state agency, the [estimated] ACTUAL number of FULL-TIME
5 EQUIVALENT employees hired for the current STATE fiscal year and [antic-
6 ipated] THE NUMBER OF FULL-TIME EQUIVALENT EMPLOYEES PLANNED to be hired
7 during the ensuing STATE fiscal year pursuant to contracts for services
8 made for state purposes based upon annual employment reports submitted
9 by contractors pursuant to section one hundred sixty-three of this chap-
10 ter.
11 S 3. Intentionally omitted.
12 S 4. This act shall take effect immediately.
13 PART L
14 Intentionally Omitted
15 PART M
16 Section 1. Section 3 of chapter 674 of the laws of 1993, amending the
17 public buildings law relating to value limitations on contracts, as
18 amended by chapter 61 of the laws of 2013, is amended to read as
19 follows:
20 S 3. This act shall take effect immediately and shall remain in full
21 force and effect only until June 30, [2015] 2017.
22 S 2. This act shall take effect immediately.
23 PART N
24 Section 1. The second undesignated paragraph of section 6 of the
25 public buildings law, as amended by chapter 237 of the laws of 1992, is
26 amended to read as follows:
27 Notwithstanding any inconsistent provisions of law, the commissioner
28 of general services may by rules delegate to the agency or department
29 having custody of any public building full responsibility for the prepa-
30 ration of plans and specifications and the supervision of minor, routine
31 or uncomplicated construction, reconstruction, alteration, improvement
32 or repair of any such building, providing the value of such work shall
33 not exceed ONE HUNDRED fifty thousand dollars.
34 S 2. This act shall take effect immediately.
35 PART O
36 Section 1. The state finance law is amended by adding a new section
37 93-b to read as follows:
38 S 93-B. DEDICATED INFRASTRUCTURE INVESTMENT FUND. 1. DEDICATED INFRAS-
39 TRUCTURE INVESTMENT FUND. (A) THERE IS HEREBY ESTABLISHED IN THE JOINT
40 CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND
41 FINANCE A SPECIAL FUND TO BE KNOWN AS THE "DEDICATED INFRASTRUCTURE
42 INVESTMENT FUND".
43 (B) ACCOUNT. THE DEDICATED INFRASTRUCTURE INVESTMENT FUND SHALL
44 CONSIST OF ONE ACCOUNT, THE "INFRASTRUCTURE INVESTMENT ACCOUNT". MONEYS
45 IN THIS ACCOUNT SHALL BE KEPT SEPARATE AND NOT COMMINGLED WITH ANY OTHER
46 MONEYS IN THE CUSTODY OF THE COMPTROLLER.
A. 6005 29
1 (C) SOURCES OF FUNDS. THE SOURCES OF FUNDS SHALL CONSIST OF ALL MONEYS
2 COLLECTED THEREFOR, OR MONEYS CREDITED, APPROPRIATED OR TRANSFERRED
3 THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW OR ANY OTHER
4 MONEYS MADE AVAILABLE FOR THE PURPOSES OF THE FUND. ANY INTEREST
5 RECEIVED BY THE COMPTROLLER ON MONEYS ON DEPOSIT SHALL BE RETAINED AND
6 BECOME PART OF THE FUND, UNLESS OTHERWISE DIRECTED BY LAW.
7 2. USES OF FUNDS. FOLLOWING APPROPRIATION BY THE LEGISLATURE, MONEYS
8 IN THE INFRASTRUCTURE INVESTMENT ACCOUNT SHALL BE AVAILABLE TO FINANCE
9 AND/OR REIMBURSE PROJECTS, WORKS, ACTIVITIES OR PURPOSES NECESSARY TO
10 SUPPORT STATEWIDE INVESTMENTS AS APPROPRIATED BY THE LEGISLATURE FROM
11 ANY CAPITAL PROJECTS FUND. NOTHING CONTAINED IN THIS SECTION SHALL BE
12 CONSTRUED TO LIMIT IN ANY WAY THE PROJECTS, WORKS, ACTIVITIES OR
13 PURPOSES THAT CAN BE FINANCED FROM THIS ACCOUNT, INCLUDING BUT NOT
14 LIMITED TO LOANS OF MONEY TO PUBLIC CORPORATIONS OR AUTHORITIES UNDER
15 TERMS APPROVED BY THE DIRECTOR OF THE BUDGET.
16 3. TRANSFERS. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE
17 CONTRARY, FOR THE STATE FISCAL YEAR COMMENCING ON APRIL FIRST, TWO THOU-
18 SAND FIFTEEN, THE COMPTROLLER IS HEREBY AUTHORIZED TO TRANSFER MONIES
19 FROM THE DEDICATED INFRASTRUCTURE INVESTMENT FUND TO THE GENERAL FUND,
20 AND FROM THE GENERAL FUND TO THE DEDICATED INFRASTRUCTURE INVESTMENT
21 FUND, IN AN AMOUNT DETERMINED BY THE DIRECTOR OF THE BUDGET TO THE
22 EXTENT MONEYS ARE AVAILABLE IN THE FUND; PROVIDED, HOWEVER, THAT THE
23 COMPTROLLER IS ONLY AUTHORIZED TO TRANSFER MONIES FROM THE DEDICATED
24 INFRASTRUCTURE INVESTMENT FUND TO THE GENERAL FUND IN THE EVENT OF AN
25 ECONOMIC DOWNTURN AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION; FOR
26 THE PURPOSE OF DISASTER READINESS, RESPONSE AND RESILIENCY AS DESCRIBED
27 IN PARAGRAPH (B) OF THIS SUBDIVISION; AND/OR TO OFFSET DECLINES IN
28 FEDERAL MEDICARE AND MEDICAID REVENUES IN EXCESS OF ONE HUNDRED MILLION
29 DOLLARS FROM ANTICIPATED LEVELS, AS DETERMINED BY THE DIRECTOR OF THE
30 BUDGET AND DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION.
31 (A) ECONOMIC DOWNTURN. NOTWITHSTANDING ANY LAW TO THE CONTRARY, FOR
32 THE PURPOSE OF THIS SECTION, THE COMMISSIONER OF LABOR SHALL CALCULATE
33 AND PUBLISH, ON OR BEFORE THE FIFTEENTH DAY OF EACH MONTH, A COMPOSITE
34 INDEX OF BUSINESS CYCLE INDICATORS. SUCH INDEX SHALL BE CALCULATED USING
35 MONTHLY DATA ON NEW YORK STATE EMPLOYMENT, TOTAL MANUFACTURING HOURS
36 WORKED, AND UNEMPLOYMENT PREPARED BY THE DEPARTMENT OF LABOR OR ITS
37 SUCCESSOR AGENCY, AND TOTAL SALES TAX COLLECTED NET OF LAW CHANGES,
38 PREPARED BY THE DEPARTMENT OF TAXATION AND FINANCE OR ITS SUCCESSOR
39 AGENCY. SUCH INDEX SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE PROCE-
40 DURES FOR CALCULATING COMPOSITE INDEXES ISSUED BY THE CONFERENCE BOARD
41 OR ITS SUCCESSOR ORGANIZATION, AND ADJUSTED FOR SEASONAL VARIATIONS IN
42 ACCORDANCE WITH THE PROCEDURES ISSUED BY THE CENSUS BUREAU OF THE UNITED
43 STATES DEPARTMENT OF COMMERCE OR ITS SUCCESSOR AGENCY. IF THE COMPOSITE
44 INDEX DECLINES FOR THREE CONSECUTIVE MONTHS, THE COMMISSIONER OF LABOR
45 SHALL NOTIFY THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY
46 PRESIDENT OF THE SENATE, AND THE MINORITY LEADERS OF THE ASSEMBLY AND
47 THE SENATE. UPON SUCH NOTIFICATION, THE DIRECTOR OF THE BUDGET MAY
48 AUTHORIZE AND DIRECT THE COMPTROLLER TO TRANSFER FROM THE DEDICATED
49 INFRASTRUCTURE INVESTMENT FUND TO THE GENERAL FUND SUCH AMOUNTS AS THE
50 DIRECTOR OF THE BUDGET DEEMS NECESSARY TO MEET THE REQUIREMENTS OF THE
51 STATE FINANCIAL PLAN.
52 (B) DISASTER READINESS, RESPONSE AND RESILIENCY. NOTWITHSTANDING ANY
53 LAW TO THE CONTRARY, IN ORDER TO PREPARE FOR, PREVENT, DETER OR RESPOND
54 TO ACTS OF TERRORISM; NATURAL OR MAN-MADE DISASTERS; PUBLIC SAFETY,
55 HEALTH, AND/OR OTHER EMERGENCIES, THE DIRECTOR OF THE BUDGET MAY AUTHOR-
56 IZE AND DIRECT THE COMPTROLLER TO TRANSFER FROM THE DEDICATED INFRAS-
A. 6005 30
1 TRUCTURE INVESTMENT FUND TO THE GENERAL FUND SUCH AMOUNTS AS THE DIREC-
2 TOR OF THE BUDGET DEEMS NECESSARY TO MEET THE REQUIREMENTS OF THE STATE
3 FINANCIAL PLAN.
4 (C) FEDERAL MEDICARE AND MEDICAID REVENUES. NOTWITHSTANDING ANY LAW TO
5 THE CONTRARY, THE DIRECTOR OF THE BUDGET MAY AUTHORIZE AND DIRECT THE
6 COMPTROLLER TO TRANSFER FROM THE DEDICATED INFRASTRUCTURE INVESTMENT
7 FUND TO THE GENERAL FUND AN AMOUNT NOT TO EXCEED THE DECLINE FROM ANTIC-
8 IPATED LEVELS OF FEDERAL MEDICARE AND MEDICAID REVENUES. IN THE EVENT
9 THIS AUTHORIZATION IS UTILIZED, THE DIRECTOR OF THE BUDGET MAY AUTHORIZE
10 AND DIRECT THE COMPTROLLER TO TRANSFER SUCH AMOUNT AND THE CONCOMITANT
11 REDUCTION IN STATE SHARE MEDICARE AND MEDICAID REVENUES FROM THE GENERAL
12 FUND TO THE MISCELLANEOUS SPECIAL REVENUE FUND, MENTAL HYGIENE PROGRAM
13 FUND (21907), THE MISCELLANEOUS SPECIAL REVENUE FUND, PATIENT INCOME
14 ACCOUNT (21909), AND THE MEDICAID MANAGEMENT INFORMATION SYSTEM (MMIS)
15 STATEWIDE ESCROW FUND (60901).
16 (D) PRIOR TO AUTHORIZING ANY TRANSFER FROM THE DEDICATED INFRASTRUC-
17 TURE INVESTMENT FUND ACCOUNTS PURSUANT TO THE PROVISIONS OF THIS
18 SECTION, THE DIRECTOR OF THE BUDGET SHALL NOTIFY THE SPEAKER OF THE
19 ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE MINORITY LEAD-
20 ERS OF THE ASSEMBLY AND THE SENATE. SUCH LETTER SHALL SPECIFY THE
21 REASONS FOR THE TRANSFER AND THE AMOUNT THEREOF.
22 S 2. All work performed on a capital project wholly or partially fund-
23 ed by monies allocated or appropriated to or transferred from the dedi-
24 cated infrastructure investment fund where all or any portion thereof
25 involves a lease or agreement for construction, excavation, demolition,
26 rehabilitation, repair, renovation, alteration or improvement shall be
27 deemed public work and shall be subject to and performed in accordance
28 with the provisions of article 8 of the labor law to the same extent and
29 in the same manner as a contract of the state, and compliance with all
30 the provisions of article 8 of the labor law shall be required of any
31 lessee, sub lessee, contractor, or subcontractor on the capital project
32 including the enforcement of prevailing wage requirements by the fiscal
33 officer as defined in paragraph e of subdivision 5 of section 220 of the
34 labor law to the same extent as a contract of the state.
35 S 3. (a) None of the funds appropriated or otherwise made available by
36 this act may be used for a project for the construction, alteration,
37 maintenance, or repair of a public building or public work unless all of
38 the iron, steel, and manufactured goods that are permanently incorpo-
39 rated into the project are produced in the United States.
40 (b) Paragraph (a) shall not apply in any case or category of cases in
41 which the department, agency or authority involved finds that:
42 (1) applying paragraph (a) would be inconsistent with the public
43 interest;
44 (2) iron, steel, and the relevant manufactured goods are not produced
45 in the United States in sufficient and reasonably available quantities
46 and of a satisfactory quality; or
47 (3) inclusion of iron, steel, and manufactured goods produced in the
48 United States will increase the cost of the overall project by more than
49 25 percent.
50 (c) If the department, agency or authority determines that it is
51 necessary to waive the application of paragraph (a) based on a finding
52 under paragraph (b) the department, agency, or authority shall document
53 in writing, and post on its website, if one exists, a detailed
54 description of all decisions made justifying the provisions of paragraph
55 (a) being waived.
A. 6005 31
1 (d) This section shall be applied in a manner consistent with United
2 States obligations under international agreements including but not
3 limited to those signed with the Government of Canada.
4 (e) For purposes of this section "permanently incorporated" shall mean
5 an iron, steel or manufactured product that is required to remain in
6 place at the end of the project contract, in a fixed location, affixed
7 to the public work or public building to which it was incorporated.
8 Electronic and communications devices and machinery that are not
9 affixed to the public work or public building that are capable of being
10 moved from one location to another are not permanently incorporated into
11 a public building or public work.
12 S 4. This act shall take effect immediately provided that section two
13 and section three shall apply to all capital projects wholly or partial-
14 ly funded by monies allocated or appropriated to or transferred from the
15 dedicated infrastructure investment fund in which contracts for the
16 project are entered into, modified, amended, altered, or renewed on or
17 after the effective date of section one.
18 PART P
19 Section 1. The state comptroller is hereby authorized and directed to
20 loan money in accordance with the provisions set forth in subdivision 5
21 of section 4 of the state finance law to the following funds and/or
22 accounts:
23 1. Tuition reimbursement account (20451).
24 2. Proprietary vocational school supervision account (20452).
25 3. Local government records management account (20501).
26 4. Child health plus program account (20810).
27 5. EPIC premium account (20818).
28 6. Education - New (20901).
29 7. VLT - Sound basic education fund (20904).
30 8. Sewage treatment program management and administration fund
31 (21000).
32 9. Hazardous bulk storage account (21061).
33 10. Federal grants indirect cost recovery account (21065).
34 11. Low level radioactive waste account (21066).
35 12. Recreation account (21067).
36 13. Public safety recovery account (21077).
37 14. Environmental regulatory account (21081).
38 15. Natural resource account (21082).
39 16. Mined land reclamation program account (21084).
40 17. Great lakes restoration initiative account (21087).
41 18. Environmental protection and oil spill compensation fund (21200).
42 19. Public transportation systems account (21401).
43 20. Metropolitan mass transportation (21402).
44 21. Operating permit program account (21451).
45 22. Mobile source account (21452).
46 23. Statewide planning and research cooperative system account
47 (21902).
48 24. OPWDD provider of service account (21903).
49 25. Mental hygiene program fund account (21907).
50 26. Mental hygiene patient income account (21909).
51 27. Financial control board account (21911).
52 28. Regulation of racing account (21912).
53 29. New York Metropolitan Transportation Council account (21913).
54 30. State university dormitory income reimbursable account (21937).
A. 6005 32
1 31. Energy research account (21943).
2 32. Criminal justice improvement account (21945).
3 33. Fingerprint identification and technology account (21950).
4 34. Environmental laboratory reference fee account (21959).
5 35. Clinical laboratory reference system assessment account (21962).
6 36. Indirect cost recovery account (21978).
7 37. High school equivalency program account (21979).
8 38. Multi-agency training account (21989).
9 39. Bell jar collection account (22003).
10 40. Industry and utility service account (22004).
11 41. Real property disposition account (22006).
12 42. Parking account (22007).
13 43. Asbestos safety training program account (22009).
14 44. Batavia school for the blind account (22032).
15 45. Investment services account (22034).
16 46. Surplus property account (22036).
17 47. Financial oversight account (22039).
18 48. Regulation of indian gaming account (22046).
19 49. Rome school for the deaf account (22053).
20 50. Seized assets account (22054).
21 51. Administrative adjudication account (22055).
22 52. Federal salary sharing account (22056).
23 53. New York City assessment account (22062).
24 54. Cultural education account (22063).
25 55. Local services account (22078).
26 56. DHCR mortgage servicing account (22085).
27 57. Department of motor vehicles compulsory insurance account (22087).
28 58. Housing indirect cost recovery account (22090).
29 59. Accident prevention course program account (22094).
30 60. DHCR-HCA application fee account (22100).
31 61. Low income housing monitoring account (22130).
32 62. Corporation administration account (22135).
33 63. Montrose veteran's home account (22144).
34 64. Deferred compensation administration account (22151).
35 65. Rent revenue other New York City account (22156).
36 66. Rent revenue account (22158).
37 67. Tax revenue arrearage account (22168).
38 68. State university general income offset account (22654).
39 69. State police motor vehicle law enforcement account (22802).
40 70. Highway safety program account (23001).
41 71. EFC drinking water program account (23101).
42 72. DOH drinking water program account (23102).
43 73. NYCCC operating offset account (23151).
44 74. Commercial gaming revenue account (23701).
45 75. Commercial gaming regulation account (23702).
46 76. Highway and bridge capital account (30051).
47 77. State university residence hall rehabilitation fund (30100).
48 78. State parks infrastructure account (30351).
49 79. Clean water/clean air implementation fund (30500).
50 80. Hazardous waste remedial cleanup account (31506).
51 81. Youth facilities improvement account (31701).
52 82. Housing assistance fund (31800).
53 83. Housing program fund (31850).
54 84. Highway facility purpose account (31951).
55 85. Information technology capital financing account (32215).
56 86. New York racing account (32213).
A. 6005 33
1 87. Mental hygiene facilities capital improvement fund (32300).
2 88. Correctional facilities capital improvement fund (32350).
3 89. New York State Storm Recovery Capital Fund (33000).
4 90. OGS convention center account (50318).
5 91. Centralized services fund (55000).
6 92. Archives records management account (55052).
7 93. Federal single audit account (55053).
8 94. Civil service law section II administrative account (55055).
9 95. Civil service EHS occupational health program account (55056).
10 96. Banking services account (55057).
11 97. Cultural resources survey account (55058).
12 98. Neighborhood work project (55059).
13 99. Automation & printing chargeback account (55060).
14 100. OFT NYT account (55061).
15 101. Data center account (55062).
16 102. Intrusion detection account (55066).
17 103. Domestic violence grant account (55067).
18 104. Centralized technology services account (55069).
19 105. Labor contact center account (55071).
20 106. Human services contact center account (55072).
21 107. Tax contact center account (55073).
22 108. Executive direction internal audit account (55251).
23 109. CIO Information technology centralized services account (55252).
24 110. Health insurance internal service account (55300).
25 111. Civil service employee benefits division administrative account
26 (55301).
27 112. Correctional industries revolving fund (55350).
28 113. Employees health insurance account (60201).
29 114. Medicaid management information system escrow fund (60900).
30 S 1-a. The state comptroller is hereby authorized and directed to loan
31 money in accordance with the provisions set forth in subdivision 5 of
32 section 4 of the state finance law to any account within the following
33 federal funds, provided the comptroller has made a determination that
34 sufficient federal grant award authority is available to reimburse such
35 loans:
36 1. Federal USDA-food and nutrition services fund (25000).
37 2. Federal health and human services fund (25100).
38 3. Federal education fund (25200).
39 4. Federal block grant fund (25250).
40 5. Federal miscellaneous operating grants fund (25300).
41 6. Federal unemployment insurance administration fund (25900).
42 7. Federal unemployment insurance occupational training fund (25950).
43 8. Federal emergency employment act fund (26000).
44 9. Federal capital projects fund (31350).
45 S 2. Notwithstanding any law to the contrary, and in accordance with
46 section 4 of the state finance law, the comptroller is hereby authorized
47 and directed to transfer, upon request of the director of the budget, on
48 or before March 31, 2016, up to the unencumbered balance or the follow-
49 ing amounts:
50 Economic Development and Public Authorities:
51 1. $175,000 from the miscellaneous special revenue fund, underground
52 facilities safety training account (22172), to the general fund.
53 2. An amount up to the unencumbered balance from the miscellaneous
54 special revenue fund, business and licensing services account (21977),
55 to the general fund.
A. 6005 34
1 3. $14,810,000 from the miscellaneous special revenue fund, code
2 enforcement account (21904), to the general fund.
3 4. $3,000,000 from the general fund to the miscellaneous special
4 revenue fund, tax revenue arrearage account (22168).
5 5. $552,000 from the miscellaneous special revenue fund, consumer food
6 industry account (21966), to the general fund.
7 Education:
8 1. $2,219,000,000 from the general fund to the state lottery fund,
9 education account (20901), as reimbursement for disbursements made from
10 such fund for supplemental aid to education pursuant to section 92-c of
11 the state finance law that are in excess of the amounts deposited in
12 such fund for such purposes pursuant to section 1612 of the tax law.
13 2. $952,000,000 from the general fund to the state lottery fund, VLT
14 education account (20904), as reimbursement for disbursements made from
15 such fund for supplemental aid to education pursuant to section 92-c of
16 the state finance law that are in excess of the amounts deposited in
17 such fund for such purposes pursuant to section 1612 of the tax law.
18 3. Moneys from the state lottery fund up to an amount deposited in
19 such fund pursuant to section 1612 of the tax law in excess of the
20 current year appropriation for supplemental aid to education pursuant to
21 section 92-c of the state finance law.
22 4. $300,000 from the local government records management improvement
23 fund (20500) to the archives partnership trust fund (20350).
24 5. $900,000 from the general fund to the miscellaneous special revenue
25 fund, Batavia school for the blind account (22032).
26 6. $900,000 from the general fund to the miscellaneous special revenue
27 fund, Rome school for the deaf account (22053).
28 7. $343,400,000 from the state university dormitory income fund
29 (40350) to the miscellaneous special revenue fund, state university
30 dormitory income reimbursable account (21937).
31 8. $24,000,000 from any of the state education department special
32 revenue and internal service funds to the miscellaneous special revenue
33 fund, indirect cost recovery account (21978).
34 9. $8,318,000 from the general fund to the state university income
35 fund, state university income offset account (22654), for the state's
36 share of repayment of the STIP loan.
37 10. $45,000,000 from the state university income fund, state universi-
38 ty hospitals income reimbursable account (22656) to the general fund for
39 hospital debt service for the period April 1, 2015 through March 31,
40 2016.
41 Environmental Affairs:
42 1. $16,000,000 from any of the department of environmental conserva-
43 tion's special revenue federal funds to the environmental conservation
44 special revenue fund, federal indirect recovery account (21065).
45 2. $2,000,000 from any of the department of environmental conserva-
46 tion's special revenue federal funds to the conservation fund as neces-
47 sary to avoid diversion of conservation funds.
48 3. $3,000,000 from any of the office of parks, recreation and historic
49 preservation capital projects federal funds and special revenue federal
50 funds to the miscellaneous special revenue fund, federal grant indirect
51 cost recovery account (22188).
52 4. $1,000,000 from any of the office of parks, recreation and historic
53 preservation special revenue federal funds to the miscellaneous special
54 revenue fund, I love NY water account (21930).
55 5. $18,000,000 from the general fund to the environmental protection
56 fund, environmental protection fund transfer account (30451).
A. 6005 35
1 6. $8,500,000 from the general fund to the hazardous waste remedial
2 fund, hazardous waste oversight and assistance account (31505).
3 7. $25,000,000 from the environmental protection fund, environmental
4 protection transfer account (30451), to the general fund.
5 Family Assistance:
6 1. $10,000,000 from any of the office of children and family services,
7 office of temporary and disability assistance, or department of health
8 special revenue federal funds and the general fund, in accordance with
9 agreements with social services districts, to the miscellaneous special
10 revenue fund, office of human resources development state match account
11 (21967).
12 2. $3,000,000 from any of the office of children and family services
13 or office of temporary and disability assistance special revenue federal
14 funds to the miscellaneous special revenue fund, family preservation and
15 support services and family violence services account (22082).
16 3. $18,670,000 from any of the office of children and family services,
17 office of temporary and disability assistance, or department of health
18 special revenue federal funds and any other miscellaneous revenues
19 generated from the operation of office of children and family services
20 programs to the general fund.
21 4. $166,000,000 from any of the office of temporary and disability
22 assistance or department of health special revenue funds to the general
23 fund.
24 5. $2,500,000 from any of the office of temporary and disability
25 assistance or office of children and family services special revenue
26 federal funds to the miscellaneous special revenue fund, office of
27 temporary and disability assistance program account (21980).
28 6. $35,000,000 from any of the office of children and family services,
29 office of temporary and disability assistance, department of labor, and
30 department of health special revenue federal funds to the office of
31 children and family services miscellaneous special revenue fund, multi-
32 agency training contract account (21989).
33 7. $65,000,000 from the miscellaneous special revenue fund, youth
34 facility per diem account (22186), to the general fund.
35 8. $621,850 from the general fund to the combined gifts, grants, and
36 bequests fund, WB Hoyt Memorial account (20128).
37 9. $3,100,000 from the miscellaneous special revenue fund, state
38 central registry (22028), to the general fund.
39 General Government:
40 1. $1,566,000 from the miscellaneous special revenue fund, examination
41 and miscellaneous revenue account (22065) to the general fund.
42 2. $12,500,000 from the general fund to the health insurance revolving
43 fund (55300).
44 3. $192,400,000 from the health insurance reserve receipts fund
45 (60550) to the general fund.
46 4. $150,000 from the general fund to the not-for-profit revolving loan
47 fund (20650).
48 5. $150,000 from the not-for-profit revolving loan fund (20650) to the
49 general fund.
50 6. $3,000,000 from the miscellaneous special revenue fund, surplus
51 property account (22036), to the general fund.
52 7. $19,900,000 from the general fund to the miscellaneous special
53 revenue fund, alcoholic beverage control account (22033).
54 8. $23,000,000 from the miscellaneous special revenue fund, revenue
55 arrearage account (22024), to the general fund.
A. 6005 36
1 9. $1,826,000 from the miscellaneous special revenue fund, revenue
2 arrearage account (22024), to the miscellaneous special revenue fund,
3 authority budget office account (22138).
4 10. $1,000,000 from the miscellaneous special revenue fund, parking
5 services account (22007), to the general fund, for the purpose of reim-
6 bursing the costs of debt service related to state parking facilities.
7 11. $21,794,000 from the general fund to the internal service fund,
8 COPS account (55013).
9 12. $8,360,000 from the general fund to the agencies internal service
10 fund, central technology services account (55069), for the purpose of
11 enterprise technology projects.
12 13. $5,000,000 from the miscellaneous special revenue fund, workers'
13 compensation account (21995), to the miscellaneous capital projects
14 fund, workers' compensation board IT business process design fund.
15 Health:
16 1. $30,000,000 from the miscellaneous special revenue fund, quality of
17 care account (21915), to the general fund.
18 2. $1,000,000 from the general fund to the combined gifts, grants and
19 bequests fund, breast cancer research and education account (20155), an
20 amount equal to the monies collected and deposited into that account in
21 the previous fiscal year.
22 3. $250,000 from the general fund to the combined gifts, grants and
23 bequests fund, prostate cancer research, detection, and education
24 account (20183), an amount equal to the moneys collected and deposited
25 into that account in the previous fiscal year.
26 4. $500,000 from the general fund to the combined gifts, grants and
27 bequests fund, Alzheimer's disease research and assistance account
28 (20143), an amount equal to the moneys collected and deposited into that
29 account in the previous fiscal year.
30 5. $30,295,000 from the HCRA resources fund (20800) to the miscella-
31 neous special revenue fund, empire state stem cell trust fund account
32 (22161).
33 6. $30,000,000 from any of the department of health accounts within
34 the federal health and human services fund to the miscellaneous special
35 revenue fund, quality of care account (21915).
36 7. $6,000,000 from the miscellaneous special revenue fund, certificate
37 of need account (21920), to the miscellaneous capital projects fund,
38 healthcare IT capital subfund.
39 8. $1,000,000 from the miscellaneous special revenue fund, adminis-
40 tration program account (21982), to the miscellaneous capital projects
41 fund, healthcare IT capital account (32216).
42 9. $1,000,000 from the miscellaneous special revenue fund, vital
43 records account (22103), to the miscellaneous capital projects fund,
44 healthcare IT capital account (32216).
45 10. $55,000,000 from the HCRA resources fund (20800) to the capital
46 projects fund (30000).
47 11. $3,700,000 from the miscellaneous New York state agency fund,
48 Medicaid recoveries account (60615), to the general fund.
49 12. $6,740,000 from the general fund to the medical marihuana trust
50 fund, medical marihuana - DOH account.
51 13. $4,096,000 from the HCRA resources fund (20800), to the miscella-
52 neous special revenue fund, cigarette strike force account.
53 14. $3,086,000 from the miscellaneous special revenue fund, certif-
54 icate of need account (21920), to the general fund.
55 Labor:
A. 6005 37
1 1. $400,000 from the miscellaneous special revenue fund, DOL fee and
2 penalty account (21923), to the child performer's protection fund, child
3 performer protection account (20401).
4 2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and
5 penalty account (21923), to the general fund.
6 3. $3,300,000 from the unemployment insurance interest and penalty
7 fund, unemployment insurance special interest and penalty account
8 (23601), to the general fund.
9 Mental Hygiene:
10 1. $10,000,000 from the miscellaneous special revenue fund, mental
11 hygiene patient income account (21909), to the miscellaneous special
12 revenue fund, federal salary sharing account (22056).
13 2. $15,000,000 from the miscellaneous special revenue fund, mental
14 hygiene patient income account (21909), to the miscellaneous special
15 revenue fund, provider of service accounts (21903).
16 3. $15,000,000 from the miscellaneous special revenue fund, mental
17 hygiene program fund account (21907), to the miscellaneous special
18 revenue fund, provider of service account (21903).
19 4. $1,400,000,000 from the general fund to the miscellaneous special
20 revenue fund, mental hygiene patient income account (21909).
21 5. $1,850,000,000 from the general fund to the miscellaneous special
22 revenue fund, mental hygiene program fund account (21907).
23 6. $100,000,000 from the miscellaneous special revenue fund, mental
24 hygiene program fund account (21907), to the general fund.
25 7. $100,000,000 from the miscellaneous special revenue fund, mental
26 hygiene patient income account (21909), to the general fund.
27 Public Protection:
28 1. $1,350,000 from the miscellaneous special revenue fund, emergency
29 management account (21944), to the general fund.
30 2. $3,300,000 from the general fund to the miscellaneous special
31 revenue fund, recruitment incentive account (22171).
32 3. $13,000,000 from the general fund to the correctional industries
33 revolving fund, correctional industries internal service account
34 (55350).
35 4. $3,000,000 from the federal miscellaneous operating grants fund,
36 DMNA damage account (25324), to the general fund.
37 5. $14,300,000 from the general fund to the miscellaneous special
38 revenue fund, crimes against revenue program account (22015).
39 6. $22,900,000 from the miscellaneous special revenue fund, criminal
40 justice improvement account (21945), to the general fund.
41 7. $50,000,000 from the miscellaneous special revenue fund, statewide
42 public safety communications account (22123), to the general fund.
43 8. $106,000,000 from the state police motor vehicle law enforcement
44 and motor vehicle theft and insurance fraud prevention fund, state
45 police motor vehicle enforcement account (22802), to the general fund
46 for state operation expenses of the division of state police.
47 9. $21,500,000 from the general fund to the correctional facilities
48 capital improvement fund (32350).
49 10. $5,000,000 from the general fund to the dedicated highway and
50 bridge trust fund (30050) for the purpose of work zone safety activities
51 provided by the division of state police for the department of transpor-
52 tation.
53 11. $5,000,000 from the miscellaneous special revenue fund, statewide
54 public safety communications account (22123), to the capital projects
55 fund (30000).
A. 6005 38
1 12. $2,900,000 from the miscellaneous special revenue fund, legal
2 services assistance account (22096), to the general fund.
3 13. $300,000 from the state police motor vehicle law enforcement and
4 motor vehicle theft and insurance fraud prevention fund, motor vehicle
5 theft and insurance fraud account (22801), to the general fund.
6 Transportation:
7 1. $17,672,000 from the federal miscellaneous operating grants fund to
8 the miscellaneous special revenue fund, New York Metropolitan Transpor-
9 tation Council account (21913).
10 2. $20,147,000 from the federal capital projects fund to the miscella-
11 neous special revenue fund, New York Metropolitan Transportation Council
12 account (21913).
13 3. $15,700,000 from the miscellaneous special revenue fund, compulsory
14 insurance account (22087), to the general fund.
15 4. $14,878,096 from the general fund to the mass transportation oper-
16 ating assistance fund, public transportation systems operating assist-
17 ance account (21401), of which $12,000,000 constitutes the base need for
18 operations.
19 5. $685,609,000 from the general fund to the dedicated highway and
20 bridge trust fund (30050).
21 6. $606,000 from the miscellaneous special revenue fund, accident
22 prevention course program account (22094), to the general fund.
23 7. $6,000 from the miscellaneous special revenue fund, motorcycle
24 safety account (21976), to the general fund.
25 8. $309,250,000 from the general fund to the MTA financial assistance
26 fund, mobility tax trust account (23651).
27 9. Intentionally omitted.
28 10. $5,000,000 from the miscellaneous special revenue fund, transpor-
29 tation regulation account (22067) to the dedicated highway and bridge
30 trust fund (30050), for disbursements made from such fund for motor
31 carrier safety that are in excess of the amounts deposited in the dedi-
32 cated highway and bridge trust fund (30050) for such purpose pursuant to
33 section 94 of the transportation law.
34 11. $141,548,000 from the mass transportation operating assistance
35 fund, metropolitan mass transportation operating assistance account
36 (21402), to the transit assistance for capital investments fund, metro-
37 politan transit assistance for capital investments account, for
38 disbursements made from such fund pursuant to a chapter of the laws of
39 2015.
40 Miscellaneous:
41 1. $250,000,000 from the general fund to any funds or accounts for the
42 purpose of reimbursing certain outstanding accounts receivable balances.
43 2. $200,000,000 from the general fund to the debt reduction reserve
44 fund (40000).
45 3. $450,000,000 from the New York state storm recovery capital fund
46 (33000) to the revenue bond tax fund (40152).
47 4. $15,500,000 from the general fund, community projects account GG
48 (10256), to the general fund, state purposes account (10050).
49 5. $4,550,000,000 from the general fund to the dedicated infrastruc-
50 ture investment fund infrastructure investment account.
51 6. Upon request of the director of the budget, up to $600,000,000 from
52 the general fund to any special revenue fund or account, agency fund or
53 account, or any combination of funds or accounts.
54 S 3. 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, on or before March 31, 2016:
A. 6005 39
1 1. Upon request of the commissioner of environmental conservation, up
2 to $11,354,000 from revenues credited to any of the department of envi-
3 ronmental conservation special revenue funds, including $3,285,400 from
4 the environmental protection and oil spill compensation fund (21200),
5 and $1,779,600 from the conservation fund (21150), to the environmental
6 conservation special revenue fund, indirect charges account (21060).
7 2. Upon request of the commissioner of agriculture and markets, up to
8 $3,000,000 from any special revenue fund or enterprise fund within the
9 department of agriculture and markets to the general fund, to pay appro-
10 priate administrative expenses.
11 3. Upon request of the commissioner of agriculture and markets, up to
12 $2,000,000 from the state exposition special fund, state fair receipts
13 account (50051) to the miscellaneous capital projects fund, state fair
14 capital improvement account (32208).
15 4. Upon request of the commissioner of the division of housing and
16 community renewal, up to $6,221,000 from revenues credited to any divi-
17 sion of housing and community renewal federal or miscellaneous special
18 revenue fund to the miscellaneous special revenue fund, housing indirect
19 cost recovery account (22090).
20 5. Upon request of the commissioner of the division of housing and
21 community renewal, up to $5,500,000 may be transferred from any miscel-
22 laneous special revenue fund account, to any miscellaneous special
23 revenue fund.
24 6. Upon request of the commissioner of health up to $5,000,000 from
25 revenues credited to any of the department of health's special revenue
26 funds, to the miscellaneous special revenue fund, administration account
27 (21982).
28 S 4. On or before March 31, 2016, the comptroller is hereby authorized
29 and directed to deposit earnings that would otherwise accrue to the
30 general fund that are attributable to the operation of section 98-a of
31 the state finance law, to the agencies internal service fund, banking
32 services account (55057), for the purpose of meeting direct payments
33 from such account.
34 S 5. Notwithstanding any law to the contrary, upon the direction of
35 the director of the budget and upon requisition by the state university
36 of New York, the dormitory authority of the state of New York is
37 directed to transfer, up to $22,000,000 in revenues generated from the
38 sale of notes or bonds, to the state university of New York for
39 reimbursement of bondable equipment for further transfer to the state's
40 general fund.
41 S 6. Notwithstanding any law to the contrary, and in accordance with
42 section 4 of the state finance law, the comptroller is hereby authorized
43 and directed to transfer, upon request of the director of the budget and
44 upon consultation with the state university chancellor or his or her
45 designee, on or before March 31, 2016, up to $16,000,000 from the state
46 university income fund general revenue account (22653) to the state
47 general fund for debt service costs related to campus supported capital
48 project costs for the NY-SUNY 2020 challenge grant program at the
49 University at Buffalo.
50 S 7. Notwithstanding any law to the contrary, and in accordance with
51 section 4 of the state finance law, the comptroller is hereby authorized
52 and directed to transfer, upon request of the director of the budget and
53 upon consultation with the state university chancellor or his or her
54 designee, on or before March 31, 2016, up to $6,500,000 from the state
55 university income fund general revenue account (22653) to the state
56 general fund for debt service costs related to campus supported capital
A. 6005 40
1 project costs for the NY-SUNY 2020 challenge grant program at the
2 University at Albany.
3 S 8. Notwithstanding any law to the contrary, the state university
4 chancellor or his or her designee is authorized and directed to transfer
5 estimated tuition revenue balances from the state university collection
6 fund (61000) to the state university income fund, state university
7 general revenue offset account (22655) on or before March 31, 2016.
8 S 9. Notwithstanding any law to the contrary, and in accordance with
9 section 4 of the state finance law, the comptroller is hereby authorized
10 and directed to transfer, upon request of the director of the budget, up
11 to $87,864,000 from the general fund to the state university income
12 fund, state university hospitals income reimbursable account (22656)
13 during the period July 1, 2015 through June 30, 2016 to reflect ongoing
14 state subsidy of SUNY hospitals and to pay costs attributable to the
15 SUNY hospitals' state agency status.
16 S 10. Notwithstanding any law to the contrary, and in accordance with
17 section 4 of the state finance law, the comptroller is hereby authorized
18 and directed to transfer, upon request of the director of the budget, up
19 to $1,015,530,000 from the general fund to the state university income
20 fund, state university general revenue offset account (22655) during the
21 period of July 1, 2015 through June 30, 2016 to support operations at
22 the state university.
23 S 11. Notwithstanding any law to the contrary, and in accordance with
24 section 4 of the state finance law, the comptroller is hereby authorized
25 and directed to transfer, upon request of the director of the budget, up
26 to $3,370,000 from the general fund to the state university income fund,
27 state university general revenue offset account (22655) during the peri-
28 od of April 1, 2015 through June 30, 2015 to support operations at the
29 state university.
30 S 12. Notwithstanding any law to the contrary, and in accordance with
31 section 4 of the state finance law, the comptroller is hereby authorized
32 and directed to transfer, upon request of the state university chancel-
33 lor or his or her designee, up to $55,000,000 from the state university
34 income fund, state university hospitals income reimbursable account
35 (22656), for services and expenses of hospital operations and capital
36 expenditures at the state university hospitals; and the state university
37 income fund, Long Island veterans' home account (22652) to the state
38 university capital projects fund (32400) on or before June 30, 2016.
39 S 13. Notwithstanding any law to the contrary, and in accordance with
40 section 4 of the state finance law, the comptroller, after consultation
41 with the state university chancellor or his or her designee, is hereby
42 authorized and directed to transfer moneys, in the first instance, from
43 the state university collection fund, Stony Brook hospital collection
44 account (61006), Brooklyn hospital collection account (61007), and Syra-
45 cuse hospital collection account (61008) to the state university income
46 fund, state university hospitals income reimbursable account (22656) in
47 the event insufficient funds are available in the state university
48 income fund, state university hospitals income reimbursable account
49 (22656) to permit the full transfer of moneys authorized for transfer,
50 to the general fund for payment of debt service related to the SUNY
51 hospitals. Notwithstanding any law to the contrary, the comptroller is
52 also hereby authorized and directed, after consultation with the state
53 university chancellor or his or her designee, to transfer moneys from
54 the state university income fund to the state university income fund,
55 state university hospitals income reimbursable account (22656) in the
56 event insufficient funds are available in the state university income
A. 6005 41
1 fund, state university hospitals income reimbursable account (22656) to
2 pay hospital operating costs or to permit the full transfer of moneys
3 authorized for transfer, to the general fund for payment of debt service
4 related to the SUNY hospitals on or before March 31, 2016.
5 S 14. Notwithstanding any law to the contrary, upon the direction of
6 the director of the budget and the chancellor of the state university of
7 New York or his or her designee, and in accordance with section 4 of the
8 state finance law, the comptroller is hereby authorized and directed to
9 transfer monies from the state university dormitory income fund (40350)
10 to the state university residence hall rehabilitation fund (30100), and
11 from the state university residence hall rehabilitation fund (30100) to
12 the state university dormitory income fund (40350), in a net amount not
13 to exceed $80 million.
14 S 15. Notwithstanding any law to the contrary, and in accordance with
15 section 4 of the state finance law, the comptroller is hereby authorized
16 and directed to transfer monies, upon request of the director of the
17 budget, on or before March 31, 2016, from and to any of the following
18 accounts: the miscellaneous special revenue fund, patient income account
19 (21909), the miscellaneous special revenue fund, mental hygiene program
20 fund account (21907), the miscellaneous special revenue fund, federal
21 salary sharing account (22056), or the general fund in any combination,
22 the aggregate of which shall not exceed $350 million.
23 S 16. Notwithstanding any law to the contrary, and in accordance with
24 section 4 of the state finance law, the comptroller is hereby authorized
25 and directed to transfer, at the request of the director of the budget,
26 up to $500 million from the unencumbered balance of any special revenue
27 fund or account, agency fund or account, internal service fund or
28 account, enterprise fund or account, or any combination of such funds
29 and accounts, to the general fund. The amounts transferred pursuant to
30 this authorization shall be in addition to any other transfers expressly
31 authorized in the 2015-16 budget. Transfers from federal funds, debt
32 service funds, capital projects funds, the community projects fund, or
33 funds that would result in the loss of eligibility for federal benefits
34 or federal funds pursuant to federal law, rule, or regulation as assent-
35 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
36 1951 are not permitted pursuant to this authorization.
37 S 17. 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, at the request of the director of the budget,
40 up to $100 million from any non-general fund or account, or combination
41 of funds and accounts, to the miscellaneous special revenue fund, tech-
42 nology financing account (22207) or the miscellaneous capital projects
43 fund, information technology capital financing account (32215), for the
44 purpose of consolidating technology procurement and services. The
45 amounts transferred to the miscellaneous special revenue fund, technolo-
46 gy financing account (22207) pursuant to this authorization shall be
47 equal to or less than the amount of such monies intended to support
48 information technology costs which are attributable, according to a
49 plan, to such account made in pursuance to an appropriation by law.
50 Transfers to the technology financing account shall be completed from
51 amounts collected by non-general funds or accounts pursuant to a fund
52 deposit schedule or permanent statute, and shall be transferred to the
53 technology financing account pursuant to a schedule agreed upon by the
54 affected agency commissioner. Transfers from funds that would result in
55 the loss of eligibility for federal benefits or federal funds pursuant
56 to federal law, rule, or regulation as assented to in chapter 683 of the
A. 6005 42
1 laws of 1938 and chapter 700 of the laws of 1951 are not permitted
2 pursuant to this authorization.
3 S 18. Notwithstanding any law to the contrary, and in accordance with
4 section 4 of the state finance law, the comptroller is hereby authorized
5 and directed to transfer, at the request of the director of the budget,
6 up to $300 million from any non-general fund or account, or combination
7 of funds and accounts, to the general fund for the purpose of consol-
8 idating technology procurement and services. The amounts transferred
9 pursuant to this authorization shall be equal to or less than the amount
10 of such monies intended to support information technology costs which
11 are attributable, according to a plan, to such account made in pursuance
12 to an appropriation by law. Transfers to the general fund shall be
13 completed from amounts collected by non-general funds or accounts pursu-
14 ant to a fund deposit schedule. Transfers from funds that would result
15 in the loss of eligibility for federal benefits or federal funds pursu-
16 ant to federal law, rule, or regulation as assented to in chapter 683 of
17 the laws of 1938 and chapter 700 of the laws of 1951 are not permitted
18 pursuant to this authorization.
19 S 19. Notwithstanding any provision of law to the contrary, as deemed
20 feasible and advisable by its trustees, the power authority of the state
21 of New York is authorized and directed to (i) make a contribution to the
22 state treasury to the credit of the general fund, or as otherwise
23 directed in writing by the director of the budget, in an amount of up to
24 $90,000,000 for the state fiscal year commencing April 1, 2015.
25 S 20. Intentionally omitted.
26 S 21. Subdivision 5 of section 97-rrr of the state finance law, as
27 amended by section 20 of part I of chapter 55 of the laws of 2014, is
28 amended to read as follows:
29 5. Notwithstanding the provisions of section one hundred seventy-one-a
30 of the tax law, as separately amended by chapters four hundred eighty-
31 one and four hundred eighty-four of the laws of nineteen hundred eight-
32 y-one, and notwithstanding the provisions of chapter ninety-four of the
33 laws of two thousand eleven, or any other provisions of law to the
34 contrary, during the fiscal year beginning April first, two thousand
35 [fourteen] FIFTEEN, the state comptroller is hereby authorized and
36 directed to deposit to the fund created pursuant to this section from
37 amounts collected pursuant to article twenty-two of the tax law and
38 pursuant to a schedule submitted by the director of the budget, up to
39 [$3,429,375,000] $3,230,679,000, as may be certified in such schedule as
40 necessary to meet the purposes of such fund for the fiscal year begin-
41 ning April first, two thousand [fourteen] FIFTEEN.
42 S 22. The comptroller is authorized and directed to deposit to the
43 general fund-state purposes account reimbursements from moneys appropri-
44 ated or reappropriated to the correctional facilities capital improve-
45 ment fund by a chapter of the laws of 2015. Reimbursements shall be
46 available for spending from appropriations made to the department of
47 corrections and community supervision in the general fund-state purposes
48 accounts by a chapter of the laws of 2015 for costs associated with the
49 administration and security of capital projects and for other costs
50 which are attributable, according to a plan, to such capital projects.
51 S 23. Notwithstanding any other law, rule, or regulation to the
52 contrary, the state comptroller is hereby authorized and directed to use
53 any balance remaining in the mental health services fund debt service
54 appropriation, after payment by the state comptroller of all obligations
55 required pursuant to any lease, sublease, or other financing arrangement
56 between the dormitory authority of the state of New York as successor to
A. 6005 43
1 the New York state medical care facilities finance agency, and the
2 facilities development corporation pursuant to chapter 83 of the laws of
3 1995 and the department of mental hygiene for the purpose of making
4 payments to the dormitory authority of the state of New York for the
5 amount of the earnings for the investment of monies deposited in the
6 mental health services fund that such agency determines will or may have
7 to be rebated to the federal government pursuant to the provisions of
8 the internal revenue code of 1986, as amended, in order to enable such
9 agency to maintain the exemption from federal income taxation on the
10 interest paid to the holders of such agency's mental services facilities
11 improvement revenue bonds. Annually on or before each June 30th, such
12 agency shall certify to the state comptroller its determination of the
13 amounts received in the mental health services fund as a result of the
14 investment of monies deposited therein that will or may have to be
15 rebated to the federal government pursuant to the provisions of the
16 internal revenue code of 1986, as amended.
17 S 24. Intentionally omitted.
18 S 25. Subdivision 1 of section 47 of section 1 of chapter 174 of the
19 laws of 1968, constituting the New York state urban development corpo-
20 ration act, as amended by section 28 of part I of chapter 55 of the laws
21 of 2014, is amended to read as follows:
22 1. Notwithstanding the provisions of any other law to the contrary,
23 the dormitory authority and the corporation are hereby authorized to
24 issue bonds or notes in one or more series for the purpose of funding
25 project costs for the office of information technology services, depart-
26 ment of law, and other state costs associated with such capital
27 projects. The aggregate principal amount of bonds authorized to be
28 issued pursuant to this section shall not exceed [one] TWO hundred
29 [eighty-two] SIXTY-NINE million [four] ONE hundred forty thousand
30 dollars, excluding bonds issued to fund one or more debt service reserve
31 funds, to pay costs of issuance of such bonds, and bonds or notes issued
32 to refund or otherwise repay such bonds or notes previously issued. Such
33 bonds and notes of the dormitory authority and the corporation shall not
34 be a debt of the state, and the state shall not be liable thereon, nor
35 shall they be payable out of any funds other than those appropriated by
36 the state to the dormitory authority and the corporation for principal,
37 interest, and related expenses pursuant to a service contract and such
38 bonds and notes shall contain on the face thereof a statement to such
39 effect. Except for purposes of complying with the internal revenue code,
40 any interest income earned on bond proceeds shall only be used to pay
41 debt service on such bonds.
42 S 26. Section 1 of chapter 174 of the laws of 1968, constituting the
43 New York state urban development corporation act, is amended by adding a
44 new section 51 to read as follows:
45 S 51. 1. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE
46 CONTRARY, THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION
47 ARE HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR
48 THE PURPOSE OF FUNDING PROJECT COSTS FOR THE NONPROFIT INFRASTRUCTURE
49 CAPITAL INVESTMENT PROGRAM AND OTHER STATE COSTS ASSOCIATED WITH SUCH
50 CAPITAL PROJECTS. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO
51 BE ISSUED PURSUANT TO THIS SECTION SHALL NOT EXCEED FIFTY MILLION
52 DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE
53 FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED
54 TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH
55 BONDS AND NOTES OF THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT
56 CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE
A. 6005 44
1 LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
2 THOSE APPROPRIATED BY THE STATE TO THE DORMITORY AUTHORITY AND THE URBAN
3 DEVELOPMENT CORPORATION FOR PRINCIPAL, INTEREST, AND RELATED EXPENSES
4 PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON
5 THE FACE THEREOF A STATEMENT TO SUCH EFFECT. EXCEPT FOR PURPOSES OF
6 COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED ON
7 BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
8 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
9 ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
10 RATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS FOR THE NONPROFIT
11 INFRASTRUCTURE CAPITAL INVESTMENT PROGRAM AND OTHER STATE COSTS ASSOCI-
12 ATED WITH SUCH CAPITAL PROJECTS, THE DIRECTOR OF THE BUDGET IS HEREBY
13 AUTHORIZED TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE DORMITO-
14 RY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, NONE OF WHICH SHALL
15 EXCEED THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS THE
16 DIRECTOR OF THE BUDGET AND THE DORMITORY AUTHORITY AND THE URBAN DEVEL-
17 OPMENT CORPORATION AGREE, SO AS TO ANNUALLY PROVIDE TO THE DORMITORY
18 AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, IN THE AGGREGATE, A SUM
19 NOT TO EXCEED THE PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR
20 SUCH BONDS AND NOTES. ANY SERVICE CONTRACT ENTERED INTO PURSUANT TO THIS
21 SECTION SHALL PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT
22 THEREIN PROVIDED SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE
23 MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED
24 EXECUTORY ONLY TO THE EXTENT OF MONIES AVAILABLE AND THAT NO LIABILITY
25 SHALL BE INCURRED BY THE STATE BEYOND THE MONIES AVAILABLE FOR SUCH
26 PURPOSE, SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH
27 CONTRACT OR ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED
28 AND PLEDGED BY THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
29 RATION AS SECURITY FOR ITS BONDS AND NOTES, AS AUTHORIZED BY THIS
30 SECTION.
31 S 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws
32 of 1997, relating to the financing of the correctional facilities
33 improvement fund and the youth facility improvement fund, as amended by
34 section 29 of part I of chapter 55 of the laws of 2014, is amended to
35 read as follows:
36 1. Subject to the provisions of chapter 59 of the laws of 2000, but
37 notwithstanding the provisions of section 18 of section 1 of chapter 174
38 of the laws of 1968, the New York state urban development corporation is
39 hereby authorized to issue bonds, notes and other obligations in an
40 aggregate principal amount not to exceed seven billion one hundred
41 [forty-eight] SIXTY-THREE million THREE HUNDRED sixty-nine thousand
42 dollars [$7,148,069,000] $7,163,369,000, and shall include all bonds,
43 notes and other obligations issued pursuant to chapter 56 of the laws of
44 1983, as amended or supplemented. The proceeds of such bonds, notes or
45 other obligations shall be paid to the state, for deposit in the correc-
46 tional facilities capital improvement fund to pay for all or any portion
47 of the amount or amounts paid by the state from appropriations or reap-
48 propriations made to the department of corrections and community super-
49 vision from the correctional facilities capital improvement fund for
50 capital projects. The aggregate amount of bonds, notes or other obli-
51 gations authorized to be issued pursuant to this section shall exclude
52 bonds, notes or other obligations issued to refund or otherwise repay
53 bonds, notes or other obligations theretofore issued, the proceeds of
54 which were paid to the state for all or a portion of the amounts
55 expended by the state from appropriations or reappropriations made to
56 the department of corrections and community supervision; provided,
A. 6005 45
1 however, that upon any such refunding or repayment the total aggregate
2 principal amount of outstanding bonds, notes or other obligations may be
3 greater than seven billion one hundred [forty-eight] SIXTY-THREE million
4 THREE HUNDRED sixty-nine thousand dollars [$7,148,069,000]
5 $7,163,369,000, only if the present value of the aggregate debt service
6 of the refunding or repayment bonds, notes or other obligations to be
7 issued shall not exceed the present value of the aggregate debt service
8 of the bonds, notes or other obligations so to be refunded or repaid.
9 For the purposes hereof, the present value of the aggregate debt service
10 of the refunding or repayment bonds, notes or other obligations and of
11 the aggregate debt service of the bonds, notes or other obligations so
12 refunded or repaid, shall be calculated by utilizing the effective
13 interest rate of the refunding or repayment bonds, notes or other obli-
14 gations, which shall be that rate arrived at by doubling the semi-annual
15 interest rate (compounded semi-annually) necessary to discount the debt
16 service payments on the refunding or repayment bonds, notes or other
17 obligations from the payment dates thereof to the date of issue of the
18 refunding or repayment bonds, notes or other obligations and to the
19 price bid including estimated accrued interest or proceeds received by
20 the corporation including estimated accrued interest from the sale ther-
21 eof.
22 S 28. Paragraph (a) of subdivision 2 of section 47-e of the private
23 housing finance law, as amended by section 30 of part I of chapter 55 of
24 the laws of 2014, is amended to read as follows:
25 (a) Subject to the provisions of chapter fifty-nine of the laws of two
26 thousand, in order to enhance and encourage the promotion of housing
27 programs and thereby achieve the stated purposes and objectives of such
28 housing programs, the agency shall have the power and is hereby author-
29 ized from time to time to issue negotiable housing program bonds and
30 notes in such principal amount as shall be necessary to provide suffi-
31 cient funds for the repayment of amounts disbursed (and not previously
32 reimbursed) pursuant to law or any prior year making capital appropri-
33 ations or reappropriations for the purposes of the housing program;
34 provided, however, that the agency may issue such bonds and notes in an
35 aggregate principal amount not exceeding [two] THREE billion [nine] ONE
36 hundred [ninety-nine] FIFTY-THREE million SEVEN HUNDRED ninety-nine
37 thousand dollars, plus a principal amount of bonds issued to fund the
38 debt service reserve fund in accordance with the debt service reserve
39 fund requirement established by the agency and to fund any other
40 reserves that the agency reasonably deems necessary for the security or
41 marketability of such bonds and to provide for the payment of fees and
42 other charges and expenses, including underwriters' discount, trustee
43 and rating agency fees, bond insurance, credit enhancement and liquidity
44 enhancement related to the issuance of such bonds and notes. No reserve
45 fund securing the housing program bonds shall be entitled or eligible to
46 receive state funds apportioned or appropriated to maintain or restore
47 such reserve fund at or to a particular level, except to the extent of
48 any deficiency resulting directly or indirectly from a failure of the
49 state to appropriate or pay the agreed amount under any of the contracts
50 provided for in subdivision four of this section.
51 S 29. Subdivision (b) of section 11 of chapter 329 of the laws of
52 1991, amending the state finance law and other laws relating to the
53 establishment of the dedicated highway and bridge trust fund, as amended
54 by section 31 of part I of chapter 55 of the laws of 2014, is amended to
55 read as follows:
A. 6005 46
1 (b) Any service contract or contracts for projects authorized pursuant
2 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
3 14-k of the transportation law, and entered into pursuant to subdivision
4 (a) of this section, shall provide for state commitments to provide
5 annually to the thruway authority a sum or sums, upon such terms and
6 conditions as shall be deemed appropriate by the director of the budget,
7 to fund, or fund the debt service requirements of any bonds or any obli-
8 gations of the thruway authority issued to fund or to reimburse the
9 state for funding such projects having a cost not in excess of
10 [$8,120,728,000] $8,608,881,000 cumulatively by the end of fiscal year
11 [2014-15] 2015-16.
12 S 30. Subdivision 1 of section 1689-i of the public authorities law,
13 as amended by section 32 of part I of chapter 55 of the laws of 2014, is
14 amended to read as follows:
15 1. The dormitory authority is authorized to issue bonds, at the
16 request of the commissioner of education, to finance eligible library
17 construction projects pursuant to section two hundred seventy-three-a of
18 the education law, in amounts certified by such commissioner not to
19 exceed a total principal amount of [one hundred twenty-six] ONE HUNDRED
20 FORTY million dollars.
21 S 31. Subdivision (a) of section 27 of part Y of chapter 61 of the
22 laws of 2005, providing for the administration of certain funds and
23 accounts related to the 2005-2006 budget, as amended by section 33 of
24 part I of chapter 55 of the laws of 2014, is amended to read as follows:
25 (a) Subject to the provisions of chapter 59 of the laws of 2000, but
26 notwithstanding any provisions of law to the contrary, the urban devel-
27 opment corporation is hereby authorized to issue bonds or notes in one
28 or more series in an aggregate principal amount not to exceed
29 [$149,600,000] $155,600,000, excluding bonds issued to finance one or
30 more debt service reserve funds, to pay costs of issuance of such bonds,
31 and bonds or notes issued to refund or otherwise repay such bonds or
32 notes previously issued, for the purpose of financing capital projects
33 including IT initiatives for the division of state police, debt service
34 and leases; and to reimburse the state general fund for disbursements
35 made therefor. Such bonds and notes of such authorized issuer shall not
36 be a debt of the state, and the state shall not be liable thereon, nor
37 shall they be payable out of any funds other than those appropriated by
38 the state to such authorized issuer for debt service and related
39 expenses pursuant to any service contract executed pursuant to subdivi-
40 sion (b) of this section and such bonds and notes shall contain on the
41 face thereof a statement to such effect. Except for purposes of comply-
42 ing with the internal revenue code, any interest income earned on bond
43 proceeds shall only be used to pay debt service on such bonds.
44 S 32. Section 44 of section 1 of chapter 174 of the laws of 1968,
45 constituting the New York state urban development corporation act, as
46 amended by section 34 of part I of chapter 55 of the laws of 2014, is
47 amended to read as follows:
48 S 44. Issuance of certain bonds or notes. 1. Notwithstanding the
49 provisions of any other law to the contrary, the dormitory authority and
50 the corporation are hereby authorized to issue bonds or notes in one or
51 more series for the purpose of funding project costs for the regional
52 economic development council initiative, the economic transformation
53 program, state university of New York college for nanoscale and science
54 engineering, projects within the city of Buffalo or surrounding envi-
55 rons, the New York works economic development fund, projects for the
56 retention of professional football in western New York, the empire state
A. 6005 47
1 economic development fund, the clarkson-trudeau partnership, the New
2 York genome center, the cornell university college of veterinary medi-
3 cine, the olympic regional development authority, a project at nano
4 Utica, onondaga county revitalization projects, BINGHAMTON UNIVERSITY
5 SCHOOL OF PHARMACY, NEW YORK POWER ELECTRONICS MANUFACTURING CONSORTIUM,
6 and other state costs associated with such projects. The aggregate prin-
7 cipal amount of bonds authorized to be issued pursuant to this section
8 shall not exceed two billion [two] FOUR hundred [three] EIGHTY-EIGHT
9 million two hundred fifty-seven thousand dollars, excluding bonds issued
10 to fund one or more debt service reserve funds, to pay costs of issuance
11 of such bonds, and bonds or notes issued to refund or otherwise repay
12 such bonds or notes previously issued. Such bonds and notes of the
13 dormitory authority and the corporation shall not be a debt of the
14 state, and the state shall not be liable thereon, nor shall they be
15 payable out of any funds other than those appropriated by the state to
16 the dormitory authority and the corporation for principal, interest, and
17 related expenses pursuant to a service contract and such bonds and notes
18 shall contain on the face thereof a statement to such effect. Except for
19 purposes of complying with the internal revenue code, any interest
20 income earned on bond proceeds shall only be used to pay debt service on
21 such bonds.
22 2. Notwithstanding any other provision of law to the contrary, in
23 order to assist the dormitory authority and the corporation in undertak-
24 ing the financing for project costs for the regional economic develop-
25 ment council initiative, the economic transformation program, state
26 university of New York college for nanoscale and science engineering,
27 projects within the city of Buffalo or surrounding environs, the New
28 York works economic development fund, projects for the retention of
29 professional football in western New York, the empire state economic
30 development fund, the clarkson-trudeau partnership, the New York genome
31 center, the cornell university college of veterinary medicine, the olym-
32 pic regional development authority, a project at nano Utica, onondaga
33 county revitalization projects, BINGHAMTON UNIVERSITY SCHOOL OF PHARMA-
34 CY, NEW YORK POWER ELECTRONICS MANUFACTURING CONSORTIUM, and other state
35 costs associated with such projects, the director of the budget is here-
36 by authorized to enter into one or more service contracts with the
37 dormitory authority and the corporation, none of which shall exceed
38 thirty years in duration, upon such terms and conditions as the director
39 of the budget and the dormitory authority and the corporation agree, so
40 as to annually provide to the dormitory authority and the corporation,
41 in the aggregate, a sum not to exceed the principal, interest, and
42 related expenses required for such bonds and notes. Any service contract
43 entered into pursuant to this section shall provide that the obligation
44 of the state to pay the amount therein provided shall not constitute a
45 debt of the state within the meaning of any constitutional or statutory
46 provision and shall be deemed executory only to the extent of monies
47 available and that no liability shall be incurred by the state beyond
48 the monies available for such purpose, subject to annual appropriation
49 by the legislature. Any such contract or any payments made or to be made
50 thereunder may be assigned and pledged by the dormitory authority and
51 the corporation as security for its bonds and notes, as authorized by
52 this section.
53 S 33. Subdivision 3 of section 1285-p of the public authorities law,
54 as amended by section 35 of part I of chapter 55 of the laws of 2014, is
55 amended to read as follows:
A. 6005 48
1 3. The maximum amount of bonds that may be issued for the purpose of
2 financing environmental infrastructure projects authorized by this
3 section shall be one billion [three] FIVE hundred [ninety-eight] SEVEN-
4 TY-FIVE million [two] SEVEN hundred sixty thousand dollars, exclusive of
5 bonds issued to fund any debt service reserve funds, pay costs of issu-
6 ance of such bonds, and bonds or notes issued to refund or otherwise
7 repay bonds or notes previously issued. Such bonds and notes of the
8 corporation shall not be a debt of the state, and the state shall not be
9 liable thereon, nor shall they be payable out of any funds other than
10 those appropriated by the state to the corporation for debt service and
11 related expenses pursuant to any service contracts executed pursuant to
12 subdivision one of this section, and such bonds and notes shall contain
13 on the face thereof a statement to such effect.
14 S 34. Subdivision 1 of section 45 of section 1 of chapter 174 of the
15 laws of 1968, constituting the New York state urban development corpo-
16 ration act, as amended by section 37 of part I of chapter 55 of the laws
17 of 2014, is amended to read as follows:
18 1. Notwithstanding the provisions of any other law to the contrary,
19 the urban development corporation of the state of New York is hereby
20 authorized to issue bonds or notes in one or more series for the purpose
21 of funding project costs for the implementation of a NY-SUNY and NY-CUNY
22 2020 challenge grant program subject to the approval of a NY-SUNY and
23 NY-CUNY 2020 plan or plans by the governor and either the chancellor of
24 the state university of New York or the chancellor of the city universi-
25 ty of New York, as applicable. The aggregate principal amount of bonds
26 authorized to be issued pursuant to this section shall not exceed
27 [$330,000,000] $440,000,000, excluding bonds issued to fund one or more
28 debt service reserve funds, to pay costs of issuance of such bonds, and
29 bonds or notes issued to refund or otherwise repay such bonds or notes
30 previously issued. Such bonds and notes of the corporation shall not be
31 a debt of the state, and the state shall not be liable thereon, nor
32 shall they be payable out of any funds other than those appropriated by
33 the state to the corporation for principal, interest, and related
34 expenses pursuant to a service contract and such bonds and notes shall
35 contain on the face thereof a statement to such effect. Except for
36 purposes of complying with the internal revenue code, any interest
37 income earned on bond proceeds shall only be used to pay debt service on
38 such bonds.
39 S 35. Subdivision (a) of section 48 of part K of chapter 81 of the
40 laws of 2002, providing for the administration of certain funds and
41 accounts related to the 2002-2003 budget, as amended by section 38 of
42 part I of chapter 55 of the laws of 2014, is amended to read as follows:
43 (a) Subject to the provisions of chapter 59 of the laws of 2000 but
44 notwithstanding the provisions of section 18 of the urban development
45 corporation act, the corporation is hereby authorized to issue bonds or
46 notes in one or more series in an aggregate principal amount not to
47 exceed $197,000,000 excluding bonds issued to fund one or more debt
48 service reserve funds, to pay costs of issuance of such bonds, and bonds
49 or notes issued to refund or otherwise repay such bonds or notes previ-
50 ously issued, for the purpose of financing capital costs related to
51 homeland security and training facilities for the division of state
52 police, the division of military and naval affairs, and any other state
53 agency, including the reimbursement of any disbursements made from the
54 state capital projects fund, and is hereby authorized to issue bonds or
55 notes in one or more series in an aggregate principal amount not to
56 exceed [$317,800,000] $469,800,000, excluding bonds issued to fund one
A. 6005 49
1 or more debt service reserve funds, to pay costs of issuance of such
2 bonds, and bonds or notes issued to refund or otherwise repay such bonds
3 or notes previously issued, for the purpose of financing improvements to
4 State office buildings and other facilities located statewide, including
5 the reimbursement of any disbursements made from the state capital
6 projects fund. Such bonds and notes of the corporation shall not be a
7 debt of the state, and the state shall not be liable thereon, nor shall
8 they be payable out of any funds other than those appropriated by the
9 state to the corporation for debt service and related expenses pursuant
10 to any service contracts executed pursuant to subdivision (b) of this
11 section, and such bonds and notes shall contain on the face thereof a
12 statement to such effect.
13 S 36. Subdivision 1 of section 386-b of the public authorities law, as
14 amended by section 39 of part I of chapter 55 of the laws of 2014, is
15 amended to read as follows:
16 1. Notwithstanding any other provision of law to the contrary, the
17 authority, the dormitory authority and the urban development corporation
18 are hereby authorized to issue bonds or notes in one or more series for
19 the purpose of financing peace bridge projects and capital costs of
20 state and local highways, parkways, bridges, the New York state thruway,
21 Indian reservation roads, and facilities, and transportation infrastruc-
22 ture projects including aviation projects, non-MTA mass transit
23 projects, and rail service preservation projects, including work appur-
24 tenant and ancillary thereto. The aggregate principal amount of bonds
25 authorized to be issued pursuant to this section shall not exceed ONE
26 BILLION four hundred [sixty-five] FORTY million dollars [($465,000,000)]
27 $1,440,000,000, excluding bonds issued to fund one or more debt service
28 reserve funds, to pay costs of issuance of such bonds, and to refund or
29 otherwise repay such bonds or notes previously issued. Such bonds and
30 notes of the authority, the dormitory authority and the urban develop-
31 ment corporation shall not be a debt of the state, and the state shall
32 not be liable thereon, nor shall they be payable out of any funds other
33 than those appropriated by the state to the authority, the dormitory
34 authority and the urban development corporation for principal, interest,
35 and related expenses pursuant to a service contract and such bonds and
36 notes shall contain on the face thereof a statement to such effect.
37 Except for purposes of complying with the internal revenue code, any
38 interest income earned on bond proceeds shall only be used to pay debt
39 service on such bonds.
40 S 37. Paragraph (c) of subdivision 19 of section 1680 of the public
41 authorities law, as amended by section 40 of part I of chapter 55 of the
42 laws of 2014, is amended to read as follows:
43 (c) Subject to the provisions of chapter fifty-nine of the laws of two
44 thousand, the dormitory authority shall not issue any bonds for state
45 university educational facilities purposes if the principal amount of
46 bonds to be issued when added to the aggregate principal amount of bonds
47 issued by the dormitory authority on and after July first, nineteen
48 hundred eighty-eight for state university educational facilities will
49 exceed [ten] ELEVEN billion [nine] TWO hundred [eighty-four]
50 TWENTY-EIGHT million dollars; provided, however, that bonds issued or to
51 be issued shall be excluded from such limitation if: (1) such bonds are
52 issued to refund state university construction bonds and state universi-
53 ty construction notes previously issued by the housing finance agency;
54 or (2) such bonds are issued to refund bonds of the authority or other
55 obligations issued for state university educational facilities purposes
56 and the present value of the aggregate debt service on the refunding
A. 6005 50
1 bonds does not exceed the present value of the aggregate debt service on
2 the bonds refunded thereby; provided, further that upon certification by
3 the director of the budget that the issuance of refunding bonds or other
4 obligations issued between April first, nineteen hundred ninety-two and
5 March thirty-first, nineteen hundred ninety-three will generate long
6 term economic benefits to the state, as assessed on a present value
7 basis, such issuance will be deemed to have met the present value test
8 noted above. For purposes of this subdivision, the present value of the
9 aggregate debt service of the refunding bonds and the aggregate debt
10 service of the bonds refunded, shall be calculated by utilizing the true
11 interest cost of the refunding bonds, which shall be that rate arrived
12 at by doubling the semi-annual interest rate (compounded semi-annually)
13 necessary to discount the debt service payments on the refunding bonds
14 from the payment dates thereof to the date of issue of the refunding
15 bonds to the purchase price of the refunding bonds, including interest
16 accrued thereon prior to the issuance thereof. The maturity of such
17 bonds, other than bonds issued to refund outstanding bonds, shall not
18 exceed the weighted average economic life, as certified by the state
19 university construction fund, of the facilities in connection with which
20 the bonds are issued, and in any case not later than the earlier of
21 thirty years or the expiration of the term of any lease, sublease or
22 other agreement relating thereto; provided that no note, including
23 renewals thereof, shall mature later than five years after the date of
24 issuance of such note. The legislature reserves the right to amend or
25 repeal such limit, and the state of New York, the dormitory authority,
26 the state university of New York, and the state university construction
27 fund are prohibited from covenanting or making any other agreements with
28 or for the benefit of bondholders which might in any way affect such
29 right.
30 S 38. Paragraph (c) of subdivision 14 of section 1680 of the public
31 authorities law, as amended by section 41 of part I of chapter 55 of the
32 laws of 2014, is amended to read as follows:
33 (c) Subject to the provisions of chapter fifty-nine of the laws of two
34 thousand, (i) the dormitory authority shall not deliver a series of
35 bonds for city university community college facilities, except to refund
36 or to be substituted for or in lieu of other bonds in relation to city
37 university community college facilities pursuant to a resolution of the
38 dormitory authority adopted before July first, nineteen hundred eighty-
39 five or any resolution supplemental thereto, if the principal amount of
40 bonds so to be issued when added to all principal amounts of bonds
41 previously issued by the dormitory authority for city university commu-
42 nity college facilities, except to refund or to be substituted in lieu
43 of other bonds in relation to city university community college facili-
44 ties will exceed the sum of four hundred twenty-five million dollars and
45 (ii) the dormitory authority shall not deliver a series of bonds issued
46 for city university facilities, including community college facilities,
47 pursuant to a resolution of the dormitory authority adopted on or after
48 July first, nineteen hundred eighty-five, except to refund or to be
49 substituted for or in lieu of other bonds in relation to city university
50 facilities and except for bonds issued pursuant to a resolution supple-
51 mental to a resolution of the dormitory authority adopted prior to July
52 first, nineteen hundred eighty-five, if the principal amount of bonds so
53 to be issued when added to the principal amount of bonds previously
54 issued pursuant to any such resolution, except bonds issued to refund or
55 to be substituted for or in lieu of other bonds in relation to city
56 university facilities, will exceed seven billion [two] THREE hundred
A. 6005 51
1 [seventy-three] NINETY-TWO million [three] SEVEN hundred [thirty-one]
2 FIFTY-THREE thousand dollars. The legislature reserves the right to
3 amend or repeal such limit, and the state of New York, the dormitory
4 authority, the city university, and the fund are prohibited from coven-
5 anting or making any other agreements with or for the benefit of bond-
6 holders which might in any way affect such right.
7 S 39. Subdivision 10-a of section 1680 of the public authorities law,
8 as amended by section 42 of part I of chapter 55 of the laws of 2014, is
9 amended to read as follows:
10 10-a. Subject to the provisions of chapter fifty-nine of the laws of
11 two thousand, but notwithstanding any other provision of the law to the
12 contrary, the maximum amount of bonds and notes to be issued after March
13 thirty-first, two thousand two, on behalf of the state, in relation to
14 any locally sponsored community college, shall be [seven] EIGHT hundred
15 [seventy-six] THIRTY-EIGHT million [three] FOUR hundred [five]
16 FIFTY-EIGHT thousand dollars. Such amount shall be exclusive of bonds
17 and notes issued to fund any reserve fund or funds, costs of issuance
18 and to refund any outstanding bonds and notes, issued on behalf of the
19 state, relating to a locally sponsored community college.
20 S 40. Section 1680-r of the public authorities law, as added by
21 section 43 of part I of chapter 55 of the laws of 2014, is amended to
22 read as follows:
23 S 1680-r. Authorization for the issuance of bonds for the capital
24 restructuring financing program AND THE HEALTH CARE FACILITY TRANSFORMA-
25 TION PROGRAM. 1. Notwithstanding the provisions of any other law to the
26 contrary, the dormitory authority and the urban development corporation
27 are hereby authorized to issue bonds or notes in one or more series for
28 the purpose of funding project costs for the capital restructuring
29 financing program for health care and related facilities licensed pursu-
30 ant to the public health law or the mental hygiene law and other state
31 costs associated with such capital projects AND THE HEALTH CARE FACILITY
32 TRANSFORMATION PROGRAM. The aggregate principal amount of bonds author-
33 ized to be issued pursuant to this section shall not exceed [one] TWO
34 billion two hundred million dollars, excluding bonds issued to fund one
35 or more debt service reserve funds, to pay costs of issuance of such
36 bonds, and bonds or notes issued to refund or otherwise repay such bonds
37 or notes previously issued. Such bonds and notes of the dormitory
38 authority and the urban development corporation shall not be a debt of
39 the state, and the state shall not be liable thereon, nor shall they be
40 payable out of any funds other than those appropriated by the state to
41 the dormitory authority and the urban development corporation for prin-
42 cipal, interest, and related expenses pursuant to a service contract and
43 such bonds and notes shall contain on the face thereof a statement to
44 such effect. Except for purposes of complying with the internal revenue
45 code, any interest income earned on bond proceeds shall only be used to
46 pay debt service on such bonds.
47 2. Notwithstanding any other provision of law to the contrary, in
48 order to assist the dormitory authority and the urban development corpo-
49 ration in undertaking the financing for project costs for the capital
50 restructuring financing program for health care and related facilities
51 licensed pursuant to the public health law or the mental hygiene law and
52 other state costs associated with such capital projects AND THE HEALTH
53 CARE FACILITY TRANSFORMATION PROGRAM, the director of the budget is
54 hereby authorized to enter into one or more service contracts with the
55 dormitory authority and the urban development corporation, none of which
56 shall exceed thirty years in duration, upon such terms and conditions as
A. 6005 52
1 the director of the budget and the dormitory authority and the urban
2 development corporation agree, so as to annually provide to the dormito-
3 ry authority and the urban development corporation, in the aggregate, a
4 sum not to exceed the principal, interest, and related expenses required
5 for such bonds and notes. Any service contract entered into pursuant to
6 this section shall provide that the obligation of the state to pay the
7 amount therein provided shall not constitute a debt of the state within
8 the meaning of any constitutional or statutory provision and shall be
9 deemed executory only to the extent of monies available and that no
10 liability shall be incurred by the state beyond the monies available for
11 such purpose, subject to annual appropriation by the legislature. Any
12 such contract or any payments made or to be made thereunder may be
13 assigned and pledged by the dormitory authority and the urban develop-
14 ment corporation as security for its bonds and notes, as authorized by
15 this section.
16 S 41. Subdivision 1 of section 17 of part D of chapter 389 of the laws
17 of 1997, relating to the financing of the correctional facilities
18 improvement fund and the youth facility improvement fund, as amended by
19 section 44 of part I of chapter 55 of the laws of 2014, is amended to
20 read as follows:
21 1. Subject to the provisions of chapter 59 of the laws of 2000, but
22 notwithstanding the provisions of section 18 of section 1 of chapter 174
23 of the laws of 1968, the New York state urban development corporation is
24 hereby authorized to issue bonds, notes and other obligations in an
25 aggregate principal amount not to exceed [four] SIX hundred [sixty-five]
26 ELEVEN million [three] TWO hundred [sixty-five] FIFTEEN thousand dollars
27 [($465,365,000)] ($611,215,000), which authorization increases the
28 aggregate principal amount of bonds, notes and other obligations author-
29 ized by section 40 of chapter 309 of the laws of 1996, and shall include
30 all bonds, notes and other obligations issued pursuant to chapter 211 of
31 the laws of 1990, as amended or supplemented. The proceeds of such
32 bonds, notes or other obligations shall be paid to the state, for depos-
33 it in the youth facilities improvement fund, to pay for all or any
34 portion of the amount or amounts paid by the state from appropriations
35 or reappropriations made to the office of children and family services
36 from the youth facilities improvement fund for capital projects. The
37 aggregate amount of bonds, notes and other obligations authorized to be
38 issued pursuant to this section shall exclude bonds, notes or other
39 obligations issued to refund or otherwise repay bonds, notes or other
40 obligations theretofore issued, the proceeds of which were paid to the
41 state for all or a portion of the amounts expended by the state from
42 appropriations or reappropriations made to the office of children and
43 family services; provided, however, that upon any such refunding or
44 repayment the total aggregate principal amount of outstanding bonds,
45 notes or other obligations may be greater than [four] SIX hundred
46 [sixty-five] ELEVEN million [three] TWO hundred [sixty-five] FIFTEEN
47 thousand dollars [($465,365,000)] ($611,215,000), only if the present
48 value of the aggregate debt service of the refunding or repayment bonds,
49 notes or other obligations to be issued shall not exceed the present
50 value of the aggregate debt service of the bonds, notes or other obli-
51 gations so to be refunded or repaid. For the purposes hereof, the pres-
52 ent value of the aggregate debt service of the refunding or repayment
53 bonds, notes or other obligations and of the aggregate debt service of
54 the bonds, notes or other obligations so refunded or repaid, shall be
55 calculated by utilizing the effective interest rate of the refunding or
56 repayment bonds, notes or other obligations, which shall be that rate
A. 6005 53
1 arrived at by doubling the semi-annual interest rate (compounded semi-
2 annually) necessary to discount the debt service payments on the refund-
3 ing or repayment bonds, notes or other obligations from the payment
4 dates thereof to the date of issue of the refunding or repayment bonds,
5 notes or other obligations and to the price bid including estimated
6 accrued interest or proceeds received by the corporation including esti-
7 mated accrued interest from the sale thereof.
8 S 42. Paragraph b of subdivision 2 of section 9-a of section 1 of
9 chapter 392 of the laws of 1973, constituting the New York state medical
10 care facilities finance agency act, as amended by section 46 of part I
11 of chapter 55 of the laws of 2014, is amended to read as follows:
12 b. The agency shall have power and is hereby authorized from time to
13 time to issue negotiable bonds and notes in conformity with applicable
14 provisions of the uniform commercial code in such principal amount as,
15 in the opinion of the agency, shall be necessary, after taking into
16 account other moneys which may be available for the purpose, to provide
17 sufficient funds to the facilities development corporation, or any
18 successor agency, for the financing or refinancing of or for the design,
19 construction, acquisition, reconstruction, rehabilitation or improvement
20 of mental health services facilities pursuant to paragraph a of this
21 subdivision, the payment of interest on mental health services improve-
22 ment bonds and mental health services improvement notes issued for such
23 purposes, the establishment of reserves to secure such bonds and notes,
24 the cost or premium of bond insurance or the costs of any financial
25 mechanisms which may be used to reduce the debt service that would be
26 payable by the agency on its mental health services facilities improve-
27 ment bonds and notes and all other expenditures of the agency incident
28 to and necessary or convenient to providing the facilities development
29 corporation, or any successor agency, with funds for the financing or
30 refinancing of or for any such design, construction, acquisition, recon-
31 struction, rehabilitation or improvement and for the refunding of mental
32 hygiene improvement bonds issued pursuant to section 47-b of the private
33 housing finance law; provided, however, that the agency shall not issue
34 mental health services facilities improvement bonds and mental health
35 services facilities improvement notes in an aggregate principal amount
36 exceeding seven billion [four] SEVEN hundred [thirty-five] TWENTY-TWO
37 million eight hundred fifteen thousand dollars, excluding mental health
38 services facilities improvement bonds and mental health services facili-
39 ties improvement notes issued to refund outstanding mental health
40 services facilities improvement bonds and mental health services facili-
41 ties improvement notes; provided, however, that upon any such refunding
42 or repayment of mental health services facilities improvement bonds
43 and/or mental health services facilities improvement notes the total
44 aggregate principal amount of outstanding mental health services facili-
45 ties improvement bonds and mental health facilities improvement notes
46 may be greater than seven billion [four] SEVEN hundred [thirty-five]
47 TWENTY-TWO million eight hundred fifteen thousand dollars only if,
48 except as hereinafter provided with respect to mental health services
49 facilities bonds and mental health services facilities notes issued to
50 refund mental hygiene improvement bonds authorized to be issued pursuant
51 to the provisions of section 47-b of the private housing finance law,
52 the present value of the aggregate debt service of the refunding or
53 repayment bonds to be issued shall not exceed the present value of the
54 aggregate debt service of the bonds to be refunded or repaid. For
55 purposes hereof, the present values of the aggregate debt service of the
56 refunding or repayment bonds, notes or other obligations and of the
A. 6005 54
1 aggregate debt service of the bonds, notes or other obligations so
2 refunded or repaid, shall be calculated by utilizing the effective
3 interest rate of the refunding or repayment bonds, notes or other obli-
4 gations, which shall be that rate arrived at by doubling the semi-annual
5 interest rate (compounded semi-annually) necessary to discount the debt
6 service payments on the refunding or repayment bonds, notes or other
7 obligations from the payment dates thereof to the date of issue of the
8 refunding or repayment bonds, notes or other obligations and to the
9 price bid including estimated accrued interest or proceeds received by
10 the authority including estimated accrued interest from the sale there-
11 of. Such bonds, other than bonds issued to refund outstanding bonds,
12 shall be scheduled to mature over a term not to exceed the average
13 useful life, as certified by the facilities development corporation, of
14 the projects for which the bonds are issued, and in any case shall not
15 exceed thirty years and the maximum maturity of notes or any renewals
16 thereof shall not exceed five years from the date of the original issue
17 of such notes. Notwithstanding the provisions of this section, the agen-
18 cy shall have the power and is hereby authorized to issue mental health
19 services facilities improvement bonds and/or mental health services
20 facilities improvement notes to refund outstanding mental hygiene
21 improvement bonds authorized to be issued pursuant to the provisions of
22 section 47-b of the private housing finance law and the amount of bonds
23 issued or outstanding for such purposes shall not be included for
24 purposes of determining the amount of bonds issued pursuant to this
25 section. The director of the budget shall allocate the aggregate princi-
26 pal authorized to be issued by the agency among the office of mental
27 health, office for people with developmental disabilities, and the
28 office of alcoholism and substance abuse services, in consultation with
29 their respective commissioners to finance bondable appropriations previ-
30 ously approved by the legislature.
31 S 43. Paragraph (b) of subdivision 3 of section 1 and clause (B) of
32 subparagraph (iii) of paragraph (j) of subdivision 4 of section 1 of
33 part D of chapter 63 of the laws of 2005 relating to the composition and
34 responsibilities of the New York state higher education capital matching
35 grant board, as amended by section 46-c of part I of chapter 55 of the
36 laws of 2014, is amended to read as follows:
37 (b) Within amounts appropriated therefor, the board is hereby author-
38 ized and directed to award matching capital grants totaling [180] 210
39 million dollars. Each college shall be eligible for a grant award amount
40 as determined by the calculations pursuant to subdivision five of this
41 section. In addition, such colleges shall be eligible to compete for
42 additional funds pursuant to paragraph (h) of subdivision four of this
43 section.
44 (B) The dormitory authority shall not issue any bonds or notes in an
45 amount in excess of [180] 210 million dollars for the purposes of this
46 section; excluding bonds or notes issued to fund one or more debt
47 service reserve funds, to pay costs of issuance of such bonds, and bonds
48 or notes issued to refund or otherwise repay such bonds or notes previ-
49 ously issued. Except for purposes of complying with the internal revenue
50 code, any interest on bond proceeds shall only be used to pay debt
51 service on such bonds.
52 S 44. Intentionally omitted.
53 S 45. Intentionally omitted.
54 S 46. Subdivision 1 of section 386-a of the public authorities law, as
55 added by section 46 of part U of chapter 59 of the laws of 2012, is
56 amended to read as follows:
A. 6005 55
1 1. Notwithstanding any other provision of law to the contrary, the
2 authority, the dormitory authority and the urban development corporation
3 are hereby authorized to issue bonds or notes in one or more series for
4 the purpose of assisting the metropolitan transportation authority in
5 the financing of transportation facilities as defined in subdivision
6 seventeen of section twelve hundred sixty-one of this chapter. The
7 aggregate principal amount of bonds authorized to be issued pursuant to
8 this section shall not exceed ONE BILLION [seven] FIVE hundred [seventy]
9 TWENTY million dollars [($770,000,000)] ($1,520,000,000), excluding
10 bonds issued to fund one or more debt service reserve funds, to pay
11 costs of issuance of such bonds, and to refund or otherwise repay such
12 bonds or notes previously issued. Such bonds and notes of the authority,
13 the dormitory authority and the urban development corporation shall not
14 be a debt of the state, and the state shall not be liable thereon, nor
15 shall they be payable out of any funds other than those appropriated by
16 the state to the authority, the dormitory authority and the urban devel-
17 opment corporation for principal, interest, and related expenses pursu-
18 ant to a service contract and such bonds and notes shall contain on the
19 face thereof a statement to such effect. Except for purposes of comply-
20 ing with the internal revenue code, any interest income earned on bond
21 proceeds shall only be used to pay debt service on such bonds.
22 S 47. This act shall take effect immediately and shall be deemed to
23 have been in full force and effect on and after April 1, 2015; provided,
24 however, that the provisions of sections one through eight and sections
25 thirteen through nineteen of this act shall expire March 31, 2016, when
26 upon such date the provisions of such sections shall be deemed repealed.
27 PART Q
28 Section 1. Subdivision 11 of section 302 of the retirement and social
29 security law is amended by adding a new paragraph i to read as follows:
30 I. SERVICE AS A UNIVERSITY POLICE OFFICER APPOINTED BY THE STATE
31 UNIVERSITY OF NEW YORK PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO OF
32 SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW.
33 S 2. Subdivision d of section 375-f of the retirement and social secu-
34 rity law, as separately amended by chapters 674 and 677 of the laws of
35 1986, is amended to read as follows:
36 d. In addition to the retirement allowance provided pursuant to the
37 plans set forth in sections three hundred eighty-three, three hundred
38 eighty-three-a [and], three hundred eighty-three-b AND THREE HUNDRED
39 EIGHTY-THREE-D of this [chapter] ARTICLE, a member of [either] ANY such
40 plan who retires on or after April first, nineteen hundred sixty-nine
41 with more than twenty-five years of total service shall be entitled to
42 receive, in addition to the benefits provided pursuant to [either] ANY
43 such section and notwithstanding the limitations of [either] ANY such
44 section, an additional retirement allowance for such years of service
45 rendered in excess of twenty-five. The additional retirement allowance
46 for such additional years of service shall be computed as if such member
47 had been eligible to have his retirement allowance computed pursuant to
48 the provisions of subdivision b of section three hundred seventy-five-c
49 and of paragraph one of subdivision a of section three hundred seventy-
50 five-d of this [chapter] TITLE.
51 S 3. The retirement and social security law is amended by adding a new
52 section 383-d to read as follows:
53 S 383-D. ALTERNATIVE RETIREMENT BENEFITS FOR UNIVERSITY POLICE OFFI-
54 CERS APPOINTED BY THE STATE UNIVERSITY. A. AS USED IN THIS SECTION, THE
A. 6005 56
1 TERM "UNIVERSITY POLICE OFFICER" SHALL MEAN A PERSON WHO IS SO APPOINTED
2 PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO OF SECTION THREE HUNDRED
3 FIFTY-FIVE OF THE EDUCATION LAW.
4 B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW PROVIDING FOR TRANSFERS
5 BETWEEN RETIREMENT SYSTEMS, ANY UNIVERSITY POLICE OFFICER IN THE SERVICE
6 OF THE STATE UNIVERSITY WHO IS A MEMBER OF THE NEW YORK STATE EMPLOYEES'
7 RETIREMENT SYSTEM MAY TRANSFER TO THE NEW YORK STATE AND LOCAL POLICE
8 AND FIRE RETIREMENT SYSTEM AND SHALL RECEIVE CREDIT PURSUANT TO AND BE
9 ENTITLED TO THE RETIREMENT BENEFITS AFFORDED IN ACCORDANCE WITH THIS
10 SECTION. UPON ANY SUCH TRANSFER THE MEMBER SHALL BE ENTITLED TO THE
11 AMOUNT OF SERVICE WHICH WOULD HAVE BEEN DEEMED CREDITABLE HAD SUCH
12 MEMBER BEEN SUBJECT TO SUCH SYSTEM DURING THE COURSE OF HIS OR HER
13 MEMBERSHIP WITHIN SUCH SYSTEM. CONTRIBUTIONS TO SUCH SYSTEM SHALL BE
14 MADE IN ACCORDANCE WITH APPROPRIATE PROVISIONS OF LAW RELATING THERETO.
15 APPLICATION FOR SUCH TRANSFER MUST BE MADE TO THE STATE COMPTROLLER ON
16 OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN. THE PROVISIONS OF
17 SECTION THREE HUNDRED FORTY-THREE OF THIS ARTICLE SHALL APPLY TO ANY
18 MEMBER MAKING APPLICATION FOR TRANSFER UNDER THIS SUBDIVISION.
19 C. ANY UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSI-
20 TY WHO ELECTS OR IS REQUIRED TO CONTRIBUTE UNDER THIS SECTION SHALL
21 CONTRIBUTE TO THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
22 SYSTEM ON THE BASIS OF RETIREMENT UPON HIS OR HER:
23 1. COMPLETION OF TWENTY-FIVE YEARS OF TOTAL CREDITABLE SERVICE; OR
24 2. ATTAINMENT OF AGE SIXTY AS A UNIVERSITY POLICE OFFICER IN THE
25 SERVICE OF THE STATE UNIVERSITY, IF PRIOR THERETO, ON AN ALLOWANCE OF
26 ONE-FIFTIETH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF TOTAL
27 CREDITABLE SERVICE NOT IN EXCESS OF TWENTY-FIVE YEARS. SUCH ELECTION
28 SHALL BE IN WRITING AND SHALL BE DULY EXECUTED AND FILED WITH THE COMP-
29 TROLLER.
30 D. EVERY EMPLOYEE ENTERING OR RE-ENTERING SERVICE AS A UNIVERSITY
31 POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY ON OR AFTER THE
32 EFFECTIVE DATE OF THIS SECTION SHALL CONTRIBUTE ON THE BASIS PROVIDED
33 FOR BY THIS SECTION.
34 E. A MEMBER WHO IS REQUIRED TO CONTRIBUTE IN ACCORDANCE WITH THIS
35 SECTION SHALL CONTRIBUTE, IN LIEU OF THE PROPORTION OF COMPENSATION AS
36 PROVIDED IN SECTION THREE HUNDRED TWENTY-ONE OF THIS ARTICLE, A PROPOR-
37 TION OF HIS OR HER COMPENSATION SIMILARLY DETERMINED. SUCH LATTER
38 PROPORTION SHALL BE COMPUTED TO PROVIDE AT THE TIME WHEN HE OR SHE SHALL
39 FIRST BECOME ELIGIBLE FOR RETIREMENT UNDER THIS SECTION, AN ANNUITY
40 EQUAL TO ONE-ONE HUNDREDTH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH
41 YEAR OF SERVICE AS A MEMBER PRIOR TO THE ATTAINMENT OF THE AGE WHEN HE
42 OR SHE SHALL FIRST BECOME ELIGIBLE FOR RETIREMENT. SUCH MEMBER'S RATE OF
43 CONTRIBUTION PURSUANT TO THIS SECTION SHALL BE APPROPRIATELY REDUCED
44 PURSUANT TO SECTION THREE HUNDRED SEVENTY-A OF THIS ARTICLE FOR SUCH
45 PERIOD OF TIME AS HIS OR HER EMPLOYER CONTRIBUTES PURSUANT TO SUCH
46 SECTION TOWARD PENSIONS-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY. NO SUCH
47 MEMBER SHALL BE REQUIRED TO CONTINUE CONTRIBUTIONS AFTER COMPLETING
48 TWENTY-FIVE YEARS OF SUCH SERVICE.
49 F. A MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION, AT THE TIME OF
50 RETIREMENT, SHALL BE ENTITLED TO RETIRE AFTER THE COMPLETION OF TWENTY-
51 FIVE YEARS OF TOTAL CREDITABLE SERVICE OR UPON THE ATTAINMENT OF AGE
52 SIXTY BY FILING AN APPLICATION THEREFOR IN A MANNER SIMILAR TO THAT
53 PROVIDED IN SECTION THREE HUNDRED SEVENTY OF THIS ARTICLE. HE OR SHE
54 SHALL RECEIVE, ON RETIREMENT, A RETIREMENT ALLOWANCE CONSISTING OF:
55 1. AN ANNUITY WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER
56 ACCUMULATED CONTRIBUTIONS AT THE TIME OF HIS OR HER RETIREMENT, PLUS
A. 6005 57
1 2. A PENSION WHICH, TOGETHER WITH SUCH ANNUITY AND A PENSION WHICH IS
2 THE ACTUARIAL EQUIVALENT OF THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY TO
3 WHICH HE OR SHE MAY THEN BE ENTITLED, IF ANY, SHALL EQUAL ONE-FIFTIETH
4 OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF CREDITABLE SERVICE
5 IN SUCH SERVICE. THIS PENSION SHALL NOT EXCEED THE AMOUNT NEEDED TO MAKE
6 THE TOTAL AMOUNT OF THE BENEFITS PROVIDED UNDER THIS PARAGRAPH AND PARA-
7 GRAPH ONE OF THIS SUBDIVISION EQUAL TO ONE-HALF OF FINAL AVERAGE SALARY.
8 3. AN ADDITIONAL PENSION EQUAL TO THE PENSION FOR ANY CREDITABLE
9 SERVICE RENDERED WHILE NOT EMPLOYED AS A UNIVERSITY POLICE OFFICER IN
10 THE SERVICE OF THE STATE UNIVERSITY AS PROVIDED UNDER PARAGRAPHS TWO AND
11 THREE OF SUBDIVISION A OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS
12 ARTICLE. THIS PENSION SHALL:
13 (I) BE PAYABLE ONLY IF SUCH MEMBER HAS ATTAINED AGE SIXTY AT THE TIME
14 OF RETIREMENT AND HAS NOT COMPLETED TWENTY-FIVE YEARS OF SERVICE AS A
15 UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY FOR
16 WHICH HE OR SHE RECEIVES CREDIT UNDER THIS ARTICLE, AND
17 (II) NOT INCREASE THE TOTAL ALLOWANCE TO MORE THAN HE OR SHE WOULD
18 HAVE RECEIVED HAD HIS OR HER TOTAL SERVICE BEEN RENDERED AS A UNIVERSITY
19 POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY. FOR THE PURPOSE
20 ONLY OF DETERMINING THE AMOUNT OF THE PENSION PROVIDED HEREIN, THE ANNU-
21 ITY SHALL BE COMPUTED AS IT WOULD BE:
22 (A) IF NOT REDUCED BY THE ACTUARIAL EQUIVALENT OF ANY OUTSTANDING
23 LOAN, AND
24 (B) IF NOT INCREASED BY THE ACTUARIAL EQUIVALENT OF ANY ADDITIONAL
25 CONTRIBUTIONS, AND
26 (C) IF NOT REDUCED BY REASON OF THE MEMBER'S ELECTION TO DECREASE HIS
27 OR HER ANNUITY CONTRIBUTIONS TO THE RETIREMENT SYSTEM IN ORDER TO APPLY
28 THE AMOUNT OF SUCH REDUCTION IN PAYMENT OF HIS OR HER CONTRIBUTIONS FOR
29 OLD-AGE AND SURVIVORS INSURANCE COVERAGE.
30 G. THE INCREASED PENSIONS TO A UNIVERSITY POLICE OFFICER IN THE
31 SERVICE OF THE STATE UNIVERSITY, AS PROVIDED BY THIS SECTION, SHALL BE
32 PAID FROM ADDITIONAL CONTRIBUTIONS MADE BY THE STATE ON ACCOUNT OF SUCH
33 MEMBERS. THE ACTUARY OF THE RETIREMENT SYSTEM SHALL COMPUTE THE ADDI-
34 TIONAL CONTRIBUTION OF EACH MEMBER WHO ELECTS TO RECEIVE THE SPECIAL
35 BENEFITS PROVIDED UNDER THIS SECTION. SUCH ADDITIONAL CONTRIBUTIONS
36 SHALL BE COMPUTED ON THE BASIS OF CONTRIBUTIONS DURING THE PROSPECTIVE
37 SERVICE OF SUCH MEMBER WHICH WILL COVER THE LIABILITY OF THE RETIREMENT
38 SYSTEM FOR SUCH EXTRA PENSIONS. UPON APPROVAL BY THE COMPTROLLER, SUCH
39 ADDITIONAL CONTRIBUTIONS SHALL BE CERTIFIED BY HIM OR HER TO THE CHAN-
40 CELLOR OF THE STATE UNIVERSITY. THE AMOUNT THEREOF SHALL BE INCLUDED IN
41 THE ANNUAL APPROPRIATION OF THE STATE FOR THE STATE UNIVERSITY. SUCH
42 AMOUNT SHALL BE PAID ON THE WARRANT OF THE COMPTROLLER TO THE PENSION
43 ACCUMULATION FUND OF THE RETIREMENT SYSTEM.
44 H. IN COMPUTING THE TWENTY-FIVE YEARS OF COMPLETED SERVICE OF A
45 UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY, FULL
46 CREDIT SHALL BE GIVEN AND FULL ALLOWANCE SHALL BE MADE FOR SERVICE OF
47 SUCH MEMBER IN WAR AFTER WORLD WAR I AS DEFINED IN SECTION TWO OF THIS
48 CHAPTER, PROVIDED SUCH MEMBER AT THE TIME OF HIS OF HER ENTRANCE INTO
49 THE ARMED FORCES WAS IN STATE SERVICE, AND FULL CREDIT AND FULL ALLOW-
50 ANCE SHALL BE MADE FOR SERVICE AS A UNIVERSITY PEACE OFFICER PRIOR TO
51 THE EFFECTIVE DATE OF CHAPTER FOUR HUNDRED TWENTY-FOUR OF THE LAWS OF
52 NINETEEN HUNDRED NINETY-EIGHT.
53 I. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
54 ANY PROVISION IN THIS ARTICLE TO THE CONTRARY.
55 J. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION D, E OR I OF THIS
56 SECTION TO THE CONTRARY, A MEMBER WHO IS IN THE COLLECTIVE NEGOTIATING
A. 6005 58
1 UNIT DESIGNATED AS THE AGENCY POLICE SERVICES UNIT AND ESTABLISHED
2 PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND WHO HAS
3 ELECTED OR IS REQUIRED TO CONTRIBUTE IN ACCORDANCE WITH THIS SECTION
4 MAY, ON OR BEFORE MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN, ELECT TO
5 COME UNDER THE PROVISIONS OF SECTION THREE HUNDRED SEVENTY-FIVE-H OF
6 THIS ARTICLE. SUCH ELECTION SHALL BE DULY EXECUTED AND FILED WITH THE
7 COMPTROLLER.
8 K. COMMENCING WITH THE EFFECTIVE DATE OF THIS SECTION AND IN A MANNER
9 DETERMINED BY THE HEAD OF THE RETIREMENT SYSTEM, THE STATE, AS EMPLOYER,
10 SHALL MAKE CONTRIBUTIONS TO THE RETIREMENT SYSTEM TO FUND THE PAST
11 SERVICE LIABILITY COSTS ASSOCIATED WITH THE IMPLEMENTATION OF THIS
12 SECTION AS THOSE COSTS ARE CALCULATED BY THE RETIREMENT SYSTEM ACTUARY.
13 SUCH CONTRIBUTIONS MAY, AT THE ELECTION OF THE EMPLOYER, BE AMORTIZED
14 OVER A TEN YEAR PERIOD.
15 S 4. No employee contributions made to the New York state and local
16 employees' retirement system by any state university police officer who
17 elects to transfer pursuant to this act shall be returned to such offi-
18 cer. Such employee contributions shall be used to offset any past
19 service costs incurred by operation of the provisions of this act.
20 S 5. Notwithstanding subdivision h of section 343 of the retirement
21 and social security law, the provisions of subdivisions c and d of
22 section 343 of the retirement and social security law shall apply and
23 the employer contributions reserve shall be transferred from the appro-
24 priate fund or funds of the New York state and local employees' retire-
25 ment system to the New York state and local police and fire retirement
26 system.
27 S 6. Subdivision 3 of section 58 of the civil service law, as amended
28 by chapter 244 of the laws of 2013, is amended to read as follows:
29 3. As used in this section, the term "police officer" means a police
30 officer in the department of environmental conservation, THE STATE
31 UNIVERSITY POLICE, a member of the regional state park police or a
32 police force, police department, or other organization of a county,
33 city, town, village, housing authority, transit authority or police
34 district, who is responsible for the prevention and detection of crime
35 and the enforcement of the general criminal laws of the state, but shall
36 not include any person serving as such solely by virtue of his or her
37 occupying any other office or position, nor shall such term include a
38 sheriff, under-sheriff, commissioner of police, deputy or assistant
39 commissioner of police, chief of police, deputy or assistant chief of
40 police or any person having an equivalent title who is appointed or
41 employed to exercise equivalent supervisory authority.
42 S 7. Paragraphs (a) and (b) of subdivision 4 of section 58 of the
43 civil service law, as amended by chapter 244 of the laws of 2013, are
44 amended to read as follows:
45 (a) Any person who has received provisional or permanent appointment
46 in the competitive class of the civil service as a police officer of the
47 regional state park police, THE STATE UNIVERSITY OF NEW YORK POLICE, the
48 department of environmental conservation or any police force or police
49 department of any county, city, town, village, housing authority, trans-
50 it authority or police district shall be eligible to resign from any
51 police force or police department, and to be appointed as a police offi-
52 cer in the same or any other police force or police department without
53 satisfying the age requirements set forth in paragraph (a) of subdivi-
54 sion one of this section at the time of such second or subsequent
55 appointment, provided such second or subsequent appointment occurs with-
56 in thirty days of the date of resignation.
A. 6005 59
1 (b) Any person who has received permanent appointment in the compet-
2 itive class of the civil service as a police officer of the regional
3 state park police, THE STATE UNIVERSITY OF NEW YORK POLICE, the depart-
4 ment of environmental conservation or any police force or police depart-
5 ment of any county, city, town, village, housing authority, transit
6 authority or police district shall be eligible to resign from any police
7 force or police department and, subject to such civil service rules as
8 may be applicable, shall be eligible for reinstatement in the same
9 police force or police department or in any other police force or police
10 department to which he or she was eligible for transfer, without satis-
11 fying the age requirements set forth in paragraph (a) of subdivision one
12 of this section at the time of such reinstatement, provided such rein-
13 statement occurs within one year of the date of resignation.
14 S 8. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow State University Police Officers to elect to
transfer to the New York State and Local Police and Fire Retirement
System and to be covered by the provisions of a new twenty-five (25)
year half pay retirement plan, with additional one-sixtieths of final
average salary for each year of service in excess of twenty-five (25)
years, but not exceeding fifteen (15) such years. For Tiers 2, 5, and 6
members, the additional one-sixtieths can not exceed seven (7) such
years. There will be no refund of Article 14 or Article 15 member
contributions for officers who elect to transfer to the Police and Fire
Retirement system.
If this bill is enacted, we anticipate that there will be an increase
of approximately $1.1 million in the annual contributions of the State
of New York for the fiscal year ending March 31, 2016.
In addition to the annual contributions discussed above, it is esti-
mated that there will be an immediate past service cost of $9.72 million
which would be borne by the State of New York, assuming that payment
will be made on March 1, 2016. If this cost is amortized over ten (10)
years, the cost for the first year, including interest, would be $1.32
million.
These estimated costs are based on five hundred sixteen (516) State
University Police Officers with a total estimated salary of approximate-
ly $39 million for the fiscal year ending March 31, 2014.
Summary of relevant resources:
The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2014 actuarial valu-
ation. Distributions and other statistics can be found in the 2014
Report of the Actuary and the 2014 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2010,
2011, 2012, 2013 and 2014 Annual Report to the Comptroller on Actuarial
Assumptions, and the Codes Rules and Regulations of the State of New
York: Audit and Control.
The Market Assets and GASB Disclosures are found in the March 31, 2014
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This estimate, dated January 16, 2015 and intended for use only during
the 2015 Legislative Session, is Fiscal Note No. 2015-30 prepared by the
Actuary for the New York State and Local Employees' Retirement System
and the New York State and Local Police and Fire Retirement System.
A. 6005 60
1 PART R
2 Intentionally Omitted
3 PART S
4 Section 1. Subparagraph (viii) of paragraph a of subdivision 10 of
5 section 54 of the state finance law is amended by adding a new clause 3
6 to read as follows:
7 (3) FOR THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND
8 FIFTEEN AND IN EACH STATE FISCAL YEAR THEREAFTER, THE AMOUNT OF MISCEL-
9 LANEOUS FINANCIAL ASSISTANCE FROM THE LOCAL ASSISTANCE ACCOUNT RECEIVED
10 BY A VILLAGE IN THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND
11 FOURTEEN.
12 S 2. This act shall take effect immediately.
13 PART T
14 Section 1. Paragraphs (b) and (c) of subdivision 3 of section 722 of
15 the county law, as amended by section 3 of part E of chapter 56 of the
16 laws of 2010, are amended to read as follows:
17 (b) Any plan of a bar association must receive the approval of the
18 [state administrator] OFFICE OF INDIGENT LEGAL SERVICES before the plan
19 is placed in operation. In the county of Hamilton, representation pursu-
20 ant to a plan of a bar association in accordance with subparagraph (i)
21 of paragraph (a) of this subdivision may be by counsel furnished by the
22 Fulton county bar association pursuant to a plan of the Fulton county
23 bar association, following approval of the [state administrator] OFFICE
24 OF INDIGENT LEGAL SERVICES. When considering approval of an office of
25 conflict defender pursuant to this section, the [state administrator]
26 OFFICE OF INDIGENT LEGAL SERVICES shall employ the guidelines IT HAS
27 HERETOFORE established [by the office of indigent legal services] pursu-
28 ant to paragraph (d) of subdivision three of section eight hundred thir-
29 ty-two of the executive law.
30 (c) Any county operating an office of conflict defender, as described
31 in subparagraph (ii) of paragraph (a) of this subdivision, as of March
32 thirty-first, two thousand ten may continue to utilize the services
33 provided by such office provided that the county submits a plan to the
34 state administrator within one hundred eighty days after the promulga-
35 tion of criteria for the provision of conflict defender services by the
36 office of indigent legal services. The authority to operate such an
37 office pursuant to this paragraph shall expire when the state adminis-
38 trator (OR, ON OR AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, THE OFFICE OF
39 INDIGENT LEGAL SERVICES) approves or disapproves such plan. Upon
40 approval, the county is authorized to operate such office in accordance
41 with paragraphs (a) and (b) of this subdivision.
42 S 2. Subdivision 3 of section 722 of the county law is amended by
43 adding a new paragraph (d) to read as follows:
44 (D) FOR PURPOSES OF THIS SUBDIVISION, ANY PLAN OF A BAR ASSOCIATION
45 APPROVED HEREUNDER PURSUANT TO THIS SUBDIVISION, AS PROVIDED PRIOR TO
46 APRIL FIRST, TWO THOUSAND FIFTEEN, SHALL REMAIN IN EFFECT UNTIL IT IS
47 SUPERSEDED BY A PLAN APPROVED BY THE OFFICE OF INDIGENT LEGAL SERVICES
48 OR DISAPPROVED BY SUCH OFFICE.
49 S 3. Subdivision 1 and paragraph (a) of subdivision 2 of section 722-f
50 of the county law, subdivision 1 as added by chapter 761 of the laws of
A. 6005 61
1 1966 and as designated and paragraph (a) of subdivision 2 as added by
2 section 4 of part J of chapter 62 of the laws of 2003, are amended to
3 read as follows:
4 1. A public defender appointed pursuant to article eighteen-A of this
5 chapter, a private legal aid bureau or society designated by a county or
6 city pursuant to subdivision two of section seven hundred twenty-two of
7 this [chapter] ARTICLE, [and] an administrator of a plan of a bar asso-
8 ciation appointed pursuant to subdivision three of section seven hundred
9 twenty-two of this [chapter] ARTICLE AND AN OFFICE OF CONFLICT DEFENDER
10 ESTABLISHED PURSUANT TO SUCH SUBDIVISION shall file an annual report
11 with the [judicial conference] CHIEF ADMINISTRATOR OF THE COURTS AND THE
12 OFFICE OF INDIGENT LEGAL SERVICES. SUCH REPORT SHALL BE FILED at such
13 times and in such detail and form as the [judicial conference] OFFICE OF
14 INDIGENT LEGAL SERVICES may direct.
15 (a) The county executive or chief executive officer of each county or,
16 in the case of a county wholly contained within a city, such city shall
17 file an annual report which specifies in detail and certifies to the
18 state comptroller the total expenditures of such county or city, identi-
19 fying "local funds", as defined in subdivision [four] TWO of section
20 ninety-eight-b of the state finance law, state funds, federal funds and
21 funds received from a "private source" as described in subdivision
22 [four] TWO of section ninety-eight-b of the state finance law, for
23 providing legal representation to persons who were financially unable to
24 afford counsel, pursuant to this article. Such annual report, A COPY OF
25 WHICH ALSO SHALL BE FILED WITH THE OFFICE OF INDIGENT LEGAL SERVICES,
26 shall be made on a form developed for such purpose by the state comp-
27 troller.
28 S 4. This act shall take effect April 1, 2015.
29 PART U
30 Section 1. The public service law is amended by adding a new article
31 1-A to read as follows:
32 ARTICLE 1-A
33 THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE
34 SECTION 28-A. DEFINITIONS.
35 28-B. ESTABLISHMENT OF THE STATE OFFICE OF THE UTILITY CONSUMER
36 ADVOCATE.
37 28-C. POWERS OF THE STATE OFFICE OF THE UTILITY CONSUMER ADVO-
38 CATE.
39 28-D. REPORTS.
40 S 28-A. DEFINITIONS. WHEN USED IN THIS ARTICLE: (A) "DEPARTMENT"
41 MEANS THE DEPARTMENT OF PUBLIC SERVICE.
42 (B) "COMMISSION" MEANS THE PUBLIC SERVICE COMMISSION.
43 (C) "RESIDENTIAL UTILITY CUSTOMER" MEANS ANY PERSON WHO IS SOLD OR
44 OFFERED FOR SALE RESIDENTIAL UTILITY SERVICE BY A UTILITY COMPANY.
45 (D) "UTILITY COMPANY" MEANS ANY PERSON OR ENTITY OPERATING AN AGENCY
46 FOR PUBLIC SERVICE, INCLUDING, BUT NOT LIMITED TO, THOSE PERSONS OR
47 ENTITIES SUBJECT TO THE JURISDICTION, SUPERVISION AND REGULATIONS
48 PRESCRIBED BY OR PURSUANT TO THE PROVISIONS OF THIS CHAPTER.
49 S 28-B. ESTABLISHMENT OF THE STATE OFFICE OF THE UTILITY CONSUMER
50 ADVOCATE. THERE IS ESTABLISHED THE STATE OFFICE OF THE UTILITY CONSUMER
51 ADVOCATE TO REPRESENT THE INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS.
52 THE UTILITY CONSUMER ADVOCATE SHALL BE APPOINTED BY THE GOVERNOR TO A
53 TERM OF SIX YEARS, UPON THE ADVICE AND CONSENT OF THE SENATE. THE UTILI-
54 TY CONSUMER ADVOCATE SHALL POSSESS KNOWLEDGE AND EXPERIENCE IN MATTERS
A. 6005 62
1 AFFECTING RESIDENTIAL UTILITY CUSTOMERS AND SHALL BE RESPONSIBLE FOR THE
2 DIRECTION, CONTROL, AND OPERATION OF THE STATE OFFICE OF THE UTILITY
3 CONSUMER ADVOCATE, INCLUDING ITS HIRING OF STAFF AND RETENTION OF
4 EXPERTS FOR ANALYSIS AND TESTIMONY IN PROCEEDINGS. THE UTILITY CONSUMER
5 ADVOCATE SHALL NOT BE REMOVED FOR CAUSE, BUT MAY BE REMOVED ONLY AFTER
6 NOTICE AND OPPORTUNITY TO BE HEARD, AND ONLY FOR PERMANENT DISABILITY,
7 MALFEASANCE, A FELONY, OR CONDUCT INVOLVING MORAL TURPITUDE. EXERCISE OF
8 INDEPENDENT JUDGMENT IN ADVOCATING POSITIONS ON BEHALF OF RESIDENTIAL
9 UTILITY CUSTOMERS SHALL NOT CONSTITUTE CAUSE FOR REMOVAL OF THE UTILITY
10 CONSUMER ADVOCATE.
11 S 28-C. POWERS OF THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE.
12 THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE SHALL HAVE THE POWER
13 AND DUTY TO: (A) INITIATE, INTERVENE IN, OR PARTICIPATE ON BEHALF OF
14 RESIDENTIAL UTILITY CUSTOMERS IN ANY PROCEEDINGS BEFORE THE COMMISSION,
15 THE FEDERAL ENERGY REGULATORY COMMISSION, THE FEDERAL COMMUNICATIONS
16 COMMISSION, FEDERAL, STATE AND LOCAL ADMINISTRATIVE AND REGULATORY AGEN-
17 CIES, AND STATE AND FEDERAL COURTS IN ANY MATTER OR PROCEEDING THAT MAY
18 SUBSTANTIALLY AFFECT THE INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS,
19 INCLUDING, BUT NOT LIMITED TO, A PROPOSED CHANGE OF RATES, CHARGES,
20 TERMS AND CONDITIONS OF SERVICE, THE ADOPTION OF RULES, REGULATIONS,
21 GUIDELINES, ORDERS, STANDARDS OR FINAL POLICY DECISIONS WHERE THE UTILI-
22 TY CONSUMER ADVOCATE DEEMS SUCH INITIATION, INTERVENTION OR PARTIC-
23 IPATION TO BE NECESSARY OR APPROPRIATE;
24 (B) REPRESENT THE INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS OF THE
25 STATE BEFORE FEDERAL, STATE AND LOCAL ADMINISTRATIVE AND REGULATORY
26 AGENCIES ENGAGED IN THE REGULATION OF ENERGY, TELECOMMUNICATIONS, WATER,
27 AND OTHER UTILITY SERVICES, AND BEFORE STATE AND FEDERAL COURTS IN
28 ACTIONS AND PROCEEDINGS TO REVIEW THE ACTIONS OF UTILITIES OR ORDERS OF
29 UTILITY REGULATORY AGENCIES. ANY ACTION OR PROCEEDING BROUGHT BY THE
30 UTILITY CONSUMER ADVOCATE BEFORE A COURT OR AN AGENCY SHALL BE BROUGHT
31 IN THE NAME OF THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE. THE
32 UTILITY CONSUMER ADVOCATE MAY JOIN WITH A RESIDENTIAL UTILITY CUSTOMER
33 OR GROUP OF RESIDENTIAL UTILITY CUSTOMERS IN BRINGING AN ACTION;
34 (C) (I) IN ADDITION TO ANY OTHER AUTHORITY CONFERRED UPON THE UTILITY
35 CONSUMER ADVOCATE, HE OR SHE IS AUTHORIZED, AND IT SHALL BE HIS OR HER
36 DUTY TO REPRESENT THE INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS AS A
37 PARTY, OR OTHERWISE PARTICIPATE FOR THE PURPOSE OF REPRESENTING THE
38 INTERESTS OF SUCH CUSTOMERS BEFORE ANY AGENCIES OR COURTS. HE OR SHE MAY
39 INITIATE PROCEEDINGS IF IN HIS OR HER JUDGMENT DOING SO MAY BE NECESSARY
40 IN CONNECTION WITH ANY MATTER INVOLVING THE ACTIONS OR REGULATION OF
41 PUBLIC UTILITY COMPANIES WHETHER ON APPEAL OR OTHERWISE INITIATED. THE
42 UTILITY CONSUMER ADVOCATE MAY MONITOR ALL CASES BEFORE REGULATORY AGEN-
43 CIES IN THE UNITED STATES, INCLUDING THE FEDERAL COMMUNICATIONS COMMIS-
44 SION AND THE FEDERAL ENERGY REGULATORY COMMISSION THAT AFFECT THE INTER-
45 ESTS OF RESIDENTIAL UTILITY CUSTOMERS OF THE STATE AND MAY FORMALLY
46 PARTICIPATE IN THOSE PROCEEDINGS WHICH IN HIS OR HER JUDGMENT WARRANTS
47 SUCH PARTICIPATION.
48 (II) THE UTILITY CONSUMER ADVOCATE SHALL EXERCISE HIS OR HER INDEPEND-
49 ENT DISCRETION IN DETERMINING THE INTERESTS OF RESIDENTIAL UTILITY
50 CUSTOMERS THAT WILL BE ADVOCATED IN ANY PROCEEDING, AND DETERMINING
51 WHETHER TO PARTICIPATE IN OR INITIATE ANY PROCEEDING AND, IN SO DETER-
52 MINING, SHALL CONSIDER THE PUBLIC INTEREST, THE RESOURCES AVAILABLE, AND
53 THE SUBSTANTIALITY OF THE EFFECT OF THE PROCEEDING ON THE INTEREST OF
54 RESIDENTIAL UTILITY CUSTOMERS;
55 (D) REQUEST AND RECEIVE FROM ANY STATE OR LOCAL AUTHORITY, AGENCY,
56 DEPARTMENT OR DIVISION OF THE STATE OR POLITICAL SUBDIVISION SUCH
A. 6005 63
1 ASSISTANCE, PERSONNEL, INFORMATION, BOOKS, RECORDS, OTHER DOCUMENTATION
2 AND COOPERATION NECESSARY TO PERFORM ITS DUTIES; AND
3 (E) ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT OFFICES TO
4 EFFICIENTLY CARRY OUT ITS WORK.
5 S 28-D. REPORTS. ON JULY FIRST, TWO THOUSAND SIXTEEN AND ANNUALLY
6 THEREAFTER, THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE SHALL
7 ISSUE A REPORT TO THE GOVERNOR AND THE LEGISLATURE, AND MAKE SUCH REPORT
8 AVAILABLE TO THE PUBLIC FREE OF CHARGE ON A PUBLICLY AVAILABLE WEBSITE,
9 CONTAINING, BUT NOT LIMITED TO, THE FOLLOWING INFORMATION:
10 (A) ALL PROCEEDINGS THAT THE STATE OFFICE OF THE UTILITY CONSUMER
11 ADVOCATE PARTICIPATED IN AND THE OUTCOME OF SUCH PROCEEDINGS, TO THE
12 EXTENT OF SUCH OUTCOME AND IF NOT CONFIDENTIAL;
13 (B) ESTIMATED SAVINGS TO RESIDENTIAL UTILITY CONSUMERS THAT RESULTED
14 FROM INTERVENTION BY THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE;
15 AND
16 (C) POLICY RECOMMENDATIONS AND SUGGESTED STATUTORY AMENDMENTS THAT THE
17 STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE DEEMS NECESSARY.
18 S 2. This act shall take effect on the first of April next succeeding
19 the date on which it shall have become a law.
20 PART V
21 Section 1. The public service law is amended by adding a new section
22 24-c to read as follows:
23 S 24-C. UTILITY INTERVENOR REIMBURSEMENT. 1. AS USED IN THIS
24 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
25 (A) "COMPENSATION" MEANS PAYMENT FROM THE UTILITY INTERVENOR ACCOUNT
26 FUND ESTABLISHED BY SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW,
27 FOR ALL OR PART, AS DETERMINED BY THE DEPARTMENT, OF REASONABLE ADVO-
28 CATE'S FEES, REASONABLE EXPERT WITNESS FEES, AND OTHER REASONABLE COSTS
29 FOR PREPARATION AND PARTICIPATION IN A PROCEEDING.
30 (B) "PARTICIPANT" MEANS A GROUP OF PERSONS THAT APPLY JOINTLY FOR AN
31 AWARD OF COMPENSATION UNDER THIS SECTION AND WHO REPRESENT THE INTERESTS
32 OF A SIGNIFICANT NUMBER OF RESIDENTIAL OR SMALL BUSINESS CUSTOMERS, OR A
33 NOT-FOR-PROFIT ORGANIZATION IN THIS STATE AUTHORIZED PURSUANT TO ITS
34 ARTICLES OF INCORPORATION OR BYLAWS TO REPRESENT THE INTERESTS OF RESI-
35 DENTIAL OR SMALL BUSINESS UTILITY CUSTOMERS. FOR PURPOSES OF THIS
36 SECTION, A PARTICIPANT DOES NOT INCLUDE A NON-PROFIT ORGANIZATION OR
37 OTHER ORGANIZATION WHOSE PRINCIPAL INTERESTS ARE THE WELFARE OF A PUBLIC
38 UTILITY OR ITS INVESTORS OR EMPLOYEES, OR THE WELFARE OF ONE OR MORE
39 BUSINESSES OR INDUSTRIES WHICH RECEIVE UTILITY SERVICE ORDINARILY AND
40 PRIMARILY FOR USE IN CONNECTION WITH THE PROFIT-SEEKING MANUFACTURE,
41 SALE, OR DISTRIBUTION OF GOODS OR SERVICES.
42 (C) "OTHER REASONABLE COSTS" MEANS REASONABLE OUT-OF-POCKET EXPENSES
43 DIRECTLY INCURRED BY A PARTICIPANT THAT ARE DIRECTLY RELATED TO THE
44 CONTENTIONS OR RECOMMENDATIONS MADE BY THE PARTICIPANT THAT RESULTED IN
45 A SUBSTANTIAL CONTRIBUTION.
46 (D) "PARTY" MEANS ANY INTERESTED PARTY, RESPONDENT PUBLIC UTILITY, OR
47 COMMISSION STAFF IN A HEARING OR PROCEEDING.
48 (E) "PROCEEDING" MEANS A COMPLAINT, OR INVESTIGATION, RULEMAKING, OR
49 OTHER FORMAL PROCEEDING BEFORE THE COMMISSION, OR ALTERNATIVE DISPUTE
50 RESOLUTION PROCEDURES IN LIEU OF FORMAL PROCEEDINGS AS MAY BE SPONSORED
51 OR ENDORSED BY THE COMMISSION, PROVIDED HOWEVER SUCH PROCEEDINGS SHALL
52 BE LIMITED TO THOSE RELATING TO PUBLIC UTILITIES THAT DISTRIBUTE AND
53 DELIVER GAS, ELECTRICITY, OR STEAM WITHIN THIS STATE AND HAVING ANNUAL
54 REVENUES IN EXCESS OF TWO HUNDRED MILLION DOLLARS ARISING UNDER AND
A. 6005 64
1 PROCEEDING PURSUANT TO THE FOLLOWING ARTICLES OF THIS CHAPTER: (1) THE
2 REGULATION OF THE PRICE OF GAS AND ELECTRICITY, PURSUANT TO ARTICLE FOUR
3 OF THIS CHAPTER; (2) THE REGULATION OF THE PRICE OF STEAM, PURSUANT TO
4 ARTICLE FOUR-A OF THIS CHAPTER; (3) THE SUBMETERING, REMETERING OR
5 RESALE OF ELECTRICITY TO RESIDENTIAL PREMISES, PURSUANT TO SECTION
6 SIXTY-FIVE AND SIXTY-SIX OF THIS CHAPTER, AND PURSUANT TO REGULATIONS
7 REGARDING THE SUBMETERING, REMETERING, OR RESALE OF ELECTRICITY ADOPTED
8 BY THE COMMISSION; AND (4) SUCH SECTIONS OF THIS CHAPTER AS ARE APPLICA-
9 BLE TO A PROCEEDING IN WHICH THE COMMISSION MAKES A FINDING ON THE
10 RECORD THAT THE PUBLIC INTEREST REQUIRES THE REIMBURSEMENT OF UTILITY
11 INTERVENOR FEES PURSUANT TO THIS SECTION.
12 (F) "SIGNIFICANT FINANCIAL HARDSHIP" MEANS THAT THE PARTICIPANT WILL
13 BE UNABLE TO AFFORD, WITHOUT UNDUE HARDSHIP, TO PAY THE COSTS OF EFFEC-
14 TIVE PARTICIPATION, INCLUDING ADVOCATE'S FEES, EXPERT WITNESS FEES, AND
15 OTHER REASONABLE COSTS OF PARTICIPATION.
16 (G) "SMALL BUSINESS" MEANS A BUSINESS WITH A GROSS ANNUAL REVENUE OF
17 TWO HUNDRED FIFTY THOUSAND DOLLARS OR LESS.
18 (H) "SUBSTANTIAL CONTRIBUTION" MEANS THAT, IN THE JUDGMENT OF THE
19 DEPARTMENT, THE PARTICIPANT'S APPLICATION MAY SUBSTANTIALLY ASSIST THE
20 COMMISSION IN MAKING ITS DECISION BECAUSE THE DECISION MAY ADOPT IN
21 WHOLE OR IN PART ONE OR MORE FACTUAL CONTENTIONS, LEGAL CONTENTIONS, OR
22 SPECIFIC POLICY OR PROCEDURAL RECOMMENDATIONS THAT WILL BE PRESENTED BY
23 THE PARTICIPANT.
24 2. A PARTICIPANT MAY APPLY FOR AN AWARD OF COMPENSATION UNDER THIS
25 SECTION IN A PROCEEDING IN WHICH SUCH PARTICIPANT HAS SOUGHT ACTIVE
26 PARTY STATUS AS DEFINED BY THE DEPARTMENT. THE DEPARTMENT SHALL DETER-
27 MINE APPROPRIATE PROCEDURES FOR ACCEPTING AND RESPONDING TO SUCH APPLI-
28 CATIONS. AT THE TIME OF APPLICATION, SUCH PARTICIPANT SHALL SERVE ON
29 EVERY PARTY TO THE PROCEEDING NOTICE OF INTENT TO APPLY FOR AN AWARD OF
30 COMPENSATION.
31 AN APPLICATION SHALL INCLUDE:
32 (A) A STATEMENT OF THE NATURE AND EXTENT AND THE FACTUAL AND LEGAL
33 BASIS OF THE PARTICIPANT'S PLANNED PARTICIPATION IN THE PROCEEDING AS
34 FAR AS IT IS POSSIBLE TO DESCRIBE SUCH PARTICIPATION WITH REASONABLE
35 SPECIFICITY AT THE TIME THE APPLICATION IS FILED.
36 (B) AT MINIMUM, A REASONABLY DETAILED DESCRIPTION OF ANTICIPATED ADVO-
37 CATES AND EXPERT WITNESS FEES AND OTHER COSTS OF PREPARATION AND PARTIC-
38 IPATION THAT THE PARTICIPANT EXPECTS TO REQUEST AS COMPENSATION.
39 (C) IF PARTICIPATION OR INTERVENTION WILL IMPOSE A SIGNIFICANT FINAN-
40 CIAL HARDSHIP AND THE PARTICIPANT SEEKS PAYMENT IN ADVANCE TO AN AWARD
41 OF COMPENSATION IN ORDER TO INITIATE, CONTINUE OR COMPLETE PARTICIPATION
42 IN THE HEARING OR PROCEEDING, SUCH PARTICIPANT MUST INCLUDE EVIDENCE OF
43 SUCH SIGNIFICANT FINANCIAL HARDSHIP IN ITS APPLICATION.
44 (D) ANY OTHER REQUIREMENTS AS REQUIRED BY THE DEPARTMENT.
45 3. (A) WITHIN THIRTY DAYS AFTER THE FILING OF AN APPLICATION THE
46 DEPARTMENT SHALL ISSUE A DECISION THAT DETERMINES WHETHER OR NOT THE
47 PARTICIPANT MAY MAKE A SUBSTANTIAL CONTRIBUTION TO THE FINAL DECISION IN
48 THE HEARING OR PROCEEDING. IF THE DEPARTMENT FINDS THAT THE PARTICIPANT
49 REQUESTING COMPENSATION MAY MAKE A SUBSTANTIAL CONTRIBUTION, THE DEPART-
50 MENT SHALL DESCRIBE THIS SUBSTANTIAL CONTRIBUTION AND DETERMINE THE
51 AMOUNT OF COMPENSATION TO BE PAID PURSUANT TO SUBDIVISION FOUR OF THIS
52 SECTION.
53 (B) NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, IF THE DEPART-
54 MENT FINDS THAT THE PARTICIPANT HAS A SIGNIFICANT FINANCIAL HARDSHIP,
55 THE DEPARTMENT MAY DIRECT THE PUBLIC UTILITY OR UTILITIES SUBJECT TO THE
56 PROCEEDING TO PAY ALL OR PART OF THE COMPENSATION TO THE DEPARTMENT TO
A. 6005 65
1 BE PROVIDED TO THE PARTICIPANT PRIOR TO THE END OF THE PROCEEDING. IN
2 THE EVENT THAT THE PARTICIPANT DISCONTINUES ITS PARTICIPATION IN THE
3 PROCEEDING WITHOUT THE CONSENT OF THE DEPARTMENT, THE DEPARTMENT SHALL
4 BE ENTITLED TO, IN WHOLE OR IN PART, RECOVER ANY PAYMENTS MADE TO SUCH
5 PARTICIPANT TO BE REFUNDED TO THE PUBLIC UTILITY OR UTILITIES THAT
6 PROVIDED SUCH PAYMENT.
7 (C) THE COMPUTATION OF COMPENSATION PURSUANT TO PARAGRAPH (A) OF THIS
8 SUBDIVISION SHALL TAKE INTO CONSIDERATION THE MARKET RATES PAID TO
9 PERSONS OF COMPARABLE TRAINING AND EXPERIENCE WHO OFFER SIMILAR
10 SERVICES. THE COMPENSATION AWARDED MAY NOT, IN ANY CASE, EXCEED THE
11 COMPARABLE MARKET RATE FOR SERVICES PAID BY THE DEPARTMENT OR THE PUBLIC
12 UTILITY, WHICHEVER IS GREATER, TO PERSONS OF COMPARABLE TRAINING AND
13 EXPERIENCE WHO ARE OFFERING SIMILAR SERVICES.
14 (D) ANY COMPENSATION AWARDED TO A PARTICIPANT AND NOT USED BY SUCH
15 PARTICIPANT SHALL BE RETURNED TO THE DEPARTMENT FOR REFUND TO THE PUBLIC
16 UTILITY OR UTILITIES THAT PROVIDED SUCH PAYMENT.
17 (E) THE DEPARTMENT SHALL REQUIRE THAT PARTICIPANTS SEEKING PAYMENT
18 MAINTAIN AN ITEMIZED RECORD OF ALL EXPENDITURES INCURRED AS A RESULT OF
19 SUCH PROCEEDING.
20 (I) THE DEPARTMENT MAY USE THE ITEMIZED RECORD OF EXPENSES TO VERIFY
21 THE CLAIM OF FINANCIAL HARDSHIP BY A PARTICIPANT SEEKING PAYMENT PURSU-
22 ANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
23 (II) THE DEPARTMENT MAY USE THE RECORD OF EXPENDITURES IN DETERMINING,
24 AFTER THE COMPLETION OF A PROCEEDING, IF ANY UNUSED FUNDS REMAIN.
25 (III) THE DEPARTMENT SHALL PRESERVE THE CONFIDENTIALITY OF THE PARTIC-
26 IPANT'S RECORDS IN MAKING ANY AUDIT OR DETERMINING THE AVAILABILITY OF
27 FUNDS AFTER THE COMPLETION OF A PROCEEDING.
28 (F) IN THE EVENT THAT THE DEPARTMENT FINDS THAT TWO OR MORE PARTIC-
29 IPANTS' APPLICATIONS HAVE SUBSTANTIALLY SIMILAR INTERESTS, THE DEPART-
30 MENT MAY REQUIRE SUCH PARTICIPANTS TO APPLY JOINTLY IN ORDER TO RECEIVE
31 COMPENSATION.
32 4. ANY COMPENSATION PURSUANT TO THIS SECTION SHALL BE PAID AT THE
33 CONCLUSION OF THE PROCEEDING BY THE PUBLIC UTILITY OR UTILITIES SUBJECT
34 TO THE PROCEEDING WITHIN THIRTY DAYS. SUCH COMPENSATION SHALL BE REMIT-
35 TED TO THE DEPARTMENT WHICH SHALL THEN REMIT SUCH COMPENSATION TO THE
36 PARTICIPANT.
37 5. THE DEPARTMENT SHALL DENY ANY AWARD TO ANY PARTICIPANT WHO ATTEMPTS
38 TO DELAY OR OBSTRUCT THE ORDERLY AND TIMELY FULFILLMENT OF THE DEPART-
39 MENT'S RESPONSIBILITIES.
40 S 2. The state finance law is amended by adding a new section 97-llll
41 to read as follows:
42 S 97-LLLL. UTILITY INTERVENOR ACCOUNT. 1. THERE IS HEREBY ESTABLISHED
43 IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
44 TAXATION AND FINANCE A FUND TO BE KNOWN AS THE UTILITY INTERVENOR
45 ACCOUNT.
46 2. SUCH ACCOUNT SHALL CONSIST OF ALL UTILITY INTERVENOR REIMBURSEMENT
47 MONIES RECEIVED FROM UTILITIES PURSUANT TO SECTION TWENTY-FOUR-C OF THE
48 PUBLIC SERVICE LAW.
49 S 3. This act shall take effect on the thirtieth day after it shall
50 have become a law.
51 PART W
52 Section 1. Section 13 of chapter 141 of the laws of 1994, amending the
53 legislative law and the state finance law relating to the operation and
A. 6005 66
1 administration of the legislature, as amended by section 2 of part K of
2 chapter 55 of the laws of 2014, is amended to read as follows:
3 S 13. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect as of April 1, 1994, provided that,
5 the provisions of section 5-a of the legislative law as amended by
6 sections two and two-a of this act shall take effect on January 1, 1995,
7 and provided further that, the provisions of article 5-A of the legisla-
8 tive law as added by section eight of this act shall expire June 30,
9 [2015] 2016 when upon such date the provisions of such article shall be
10 deemed repealed; and provided further that section twelve of this act
11 shall be deemed to have been in full force and effect on and after April
12 10, 1994.
13 S 2. This act shall take effect immediately, provided, however, if
14 this act shall take effect on or after June 30, 2015 this act shall be
15 deemed to have been in full force and effect on and after June 30, 2015.
16 S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
17 sion, section or part of this act shall be adjudged by any court of
18 competent jurisdiction to be invalid, such judgment shall not affect,
19 impair, or invalidate the remainder thereof, but shall be confined in
20 its operation to the clause, sentence, paragraph, subdivision, section
21 or part thereof directly involved in the controversy in which such judg-
22 ment shall have been rendered. It is hereby declared to be the intent of
23 the legislature that this act would have been enacted even if such
24 invalid provisions had not been included herein.
25 S 3. This act shall take effect immediately provided, however, that
26 the applicable effective date of Parts A through W of this act shall be
27 as specifically set forth in the last section of such Parts.