S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 6357                                                  A. 8557
                             S E N A T E - A S S E M B L Y
                                   January 21, 2014
                                      ___________
       IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
         cle seven of the Constitution -- read twice and ordered  printed,  and
         when printed to be committed to the Committee on Finance
       IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
         article seven of the Constitution -- read once  and  referred  to  the
         Committee on Ways and Means
       AN  ACT to amend the highway law and 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 consolidated  local  street  and  highway  improvement
         program  (CHIPS), suburban highway improvement program (SHIPS), multi-
         modal and Marchiselli programs; and to repeal  certain  provisions  of
         chapter  329  of  the laws of 1991 relating thereto (Part A); to amend
         part F of chapter 56 of the laws of 2011 permitting  authorized  state
         entities   to  utilize  the  design-build  method  for  infrastructure
         projects, in relation to allowing authorized local entities to utilize
         the design-build method for infrastructure projects, and  in  relation
         to  the effectiveness thereof (Part B); to amend part U1 of chapter 62
         of the laws of 2003 amending the vehicle and  traffic  law  and  other
         laws relating to increasing certain motor vehicle transaction fees, in
         relation to the effectiveness thereof; to amend chapter 84 of the laws
         of  2002,  amending the state finance law relating to the costs of the
         department of motor vehicles, in relation to  permanently  authorizing
         payment  of department of motor vehicle costs from the dedicated high-
         way and bridge  trust  fund;  to  amend  the  transportation  law,  in
         relation  to  disposition  of  revenues;  to amend the highway law, in
         relation to disposition of fees charged  in  connection  with  outdoor
         advertising  on  highways;  and  to  amend  the  state finance law, in
         relation to the dedication of revenues and the costs of rail and truck
         regulation (Part C); to amend chapter 58 of the laws of 2013, relating
         to the hours of operation of the  department  of  motor  vehicles  and
         providing  for  the repeal of such provisions upon expiration thereof,
         in relation to the effectiveness thereof (Part D); to amend the  vehi-
         cle  and  traffic  law  and  the state finance law, in relation to the
         authorization of the department of motor vehicles to provide the acci-
         dent prevention course internet program; to amend chapter 751  of  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12673-01-4
       S. 6357                             2                            A. 8557
         laws  of  2005, amending the insurance law and the vehicle and traffic
         law, relating to establishing the accident prevention course  internet
         technology  pilot  program,  in relation to the effectiveness thereof;
         and to repeal certain provisions of the vehicle and traffic law relat-
         ing  thereto  (Part  E);  to  amend  the  vehicle  and traffic law, in
         relation to complying with federal requirements  relating  to  medical
         certifications  of  commercial  driver's  license holders (Part F); to
         amend the public authorities law, in relation to toll collection regu-
         lations; to amend the public officers law, in relation  to  electronic
         toll  collection  data;  to  amend  the  vehicle  and  traffic law, in
         relation  to  liability  of  vehicle  owners   for   toll   collection
         violations;  to amend the penal law, in relation to theft of services;
         and to amend chapter 774 of the laws of  1950,  relating  to  agreeing
         with  the  state  of  New Jersey with respect to rules and regulations
         governing traffic on vehicular crossings operated by the port  of  New
         York  authority,  in  relation to tolls and other charges (Part G); to
         amend chapter 67 of the  laws  of  1992,  amending  the  environmental
         conservation law relating to pesticide product registration timetables
         and  fees, in relation to the effective date thereof; and to amend the
         environmental conservation law, in relation to pesticide  registration
         fees  and  reporting (Part H); to amend the environmental conservation
         law, the penal law, the vehicle and traffic law and the general  obli-
         gations  law,  in  relation to authorizing crossbow hunting, landowner
         liability, printing contracts for hunting and fishing guides, issuance
         of distinctive "I love New York" plates, fees and general  powers  and
         duties  of the department of environmental conservation; and to repeal
         subdivisions 11 and 16 of section 11-0901 of the environmental conser-
         vation law relating thereto (Part I); to  amend  the  agriculture  and
         markets  law, in relation to granting, suspending or revoking licenses
         for food processing establishments (Part J); to authorize the New York
         state energy research and development authority to finance  a  portion
         of its research, development and demonstration and policy and planning
         programs  from  assessments on gas and electric corporations (Part K);
         to authorize and direct the New York state energy research and  devel-
         opment  authority  to  make  a  payment  to  the general fund of up to
         $913,000 (Part L); to amend the agriculture and markets  law  and  the
         public  authorities  law,  in  relation  to  requiring  power transfer
         switches on gas stations located within one half mile from a strategic
         upstate highway (Part M); to amend chapter 21 of  the  laws  of  2003,
         amending  the  executive  law  relating to permitting the secretary of
         state to provide special handling for all documents filed or issued by
         the division of corporations and to permit additional levels  of  such
         expedited service, in relation to extending the expiration date there-
         of  (Part  N);  to amend the business corporation law and the not-for-
         profit corporation law, in relation to the  transmission  of  incorpo-
         ration  certificates to county clerks (Part O); to amend the executive
         law, in relation to the national registry fee (Part P);  to  authorize
         the  department  of health to finance certain activities with revenues
         generated from an assessment on cable television companies  (Part  Q);
         to  amend  the  public  service  law,  in  relation to authorizing the
         department of public service to increase program efficiencies; and  to
         repeal  certain  provisions of the public service law relating thereto
         (Part R); to amend the public service law, in relation to  the  tempo-
         rary  state  energy  and utility service conservation assessment (Part
         S); to amend the insurance law, in relation to unauthorized  providers
         of health services and the examination of providers of health services
       S. 6357                             3                            A. 8557
         (Part  T);  to  amend the insurance law, the public health law and the
         financial services law, in relation  to  establishing  protections  to
         prevent  surprise  medical  bills  including network adequacy require-
         ments,  claim  submission  requirements, access to out-of-network care
         and prohibition of excessive emergency charges (Part U); to amend  the
         insurance  law, in relation to licensing title insurance agents, clos-
         ers and solicitors; grants the superintendent  of  financial  services
         the  authority to require title insurance agents, closers, and solici-
         tor applicants to submit to  fingerprinting;  and  to  repeal  certain
         provisions  of such law relating thereto (Part V); to amend chapter 58
         of the laws of 2012 amending the public authorities  law  relating  to
         authorizing  the  dormitory authority to enter into certain design and
         construction management agreements, in relation to  extending  certain
         authority  of  the  dormitory authority of the state of New York (Part
         W); to amend chapter 584 of the laws  of  2011,  amending  the  public
         authorities  law  relating  to  the powers and duties of the dormitory
         authority of the state of New York relative to  the  establishment  of
         subsidiaries  for  certain  purposes, in relation to the effectiveness
         thereof (Part X); to amend the public health law, in relation to  fees
         in  connection  with  certain  health care facility financings; and to
         repeal section 2976-a of the public authorities law  relating  thereto
         (Part  Y);  to  amend the New York state urban development corporation
         act, in relation to  extending  certain  provisions  relating  to  the
         empire  state economic development fund (Part Z); and to amend chapter
         393 of the laws of 1994, amending the New York state urban development
         corporation act, relating to the powers of the New  York  state  urban
         development  corporation  to make loans, in relation to the effective-
         ness thereof (Part AA)
         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 2014-2015
    3  state fiscal year. Each component is  wholly  contained  within  a  Part
    4  identified as Parts A through AA. 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. Subdivision (d) of section 11 of chapter 329 of the laws of
   14  1991 amending the state finance law  and  other  laws  relating  to  the
   15  establishment of the dedicated highway and bridge trust fund, as amended
   16  by  section 4 of part A of chapter 58 of the laws of 2012, is amended to
   17  read as follows:
   18    (d) Any such service contract (i) shall provide that the obligation of
   19  the director of the budget or the state to fund or to  pay  the  amounts
   20  therein provided for shall not constitute a debt of the state within the
   21  meaning  of  any constitutional or statutory provisions in the event the
       S. 6357                             4                            A. 8557
    1  thruway authority assigns or pledges service contract payments as  secu-
    2  rity  for its bonds or notes, (ii) shall be deemed executory only to the
    3  extent moneys are available and SHALL PROVIDE that no liability shall be
    4  incurred  by  the state beyond the moneys available for the purpose, and
    5  that such obligation is subject to annual appropriation by the  legisla-
    6  ture, and (iii) shall provide that no funds shall be made available from
    7  the  proceeds  of  bonds or notes issued pursuant to this chapter unless
    8  the commissioner of transportation has certified to the [chairman of the
    9  thruway authority] DIRECTOR OF THE BUDGET that such funds shall be  used
   10  exclusively  for  the  purposes  authorized  by  subdivision (a) of this
   11  section, and/or construction, reconstruction  or  improvement  of  local
   12  highways,  bridges and/or highway-railroad crossings, including right of
   13  way acquisition, preliminary engineering, and  construction  supervision
   14  and  inspection,  where  the service life of the project is at least ten
   15  years or where the project is:   (1) microsurfacing,  (2)  paver  placed
   16  surface  treatment,  (3)  single course surface treatment involving chip
   17  seals and oil and stone and (4) double course surface treatment  involv-
   18  ing chip seals and oil and stone, and unless [the director of the budget
   19  has  certified to the chairman of the thruway authority that] a spending
   20  plan has been submitted by the commissioner of  transportation  and  has
   21  been approved by the director of the budget.
   22    S  2. Subdivision (g) of section 15 of chapter 329 of the laws of 1991
   23  is REPEALED, and subdivision (f) of section 15 of  chapter  329  of  the
   24  laws  of 1991, amending the state finance law and other laws relating to
   25  the establishment of the dedicated highway and  bridge  trust  fund,  as
   26  added  by  section  9  of chapter 330 of the laws of 1991, is amended to
   27  read as follows:
   28    (f) The commissioner of transportation shall certify to the [New  York
   29  state  thruway  authority]  DIRECTOR  OF  THE BUDGET AND THE COMPTROLLER
   30  amounts eligible for repayments as specified herein. Such  certification
   31  shall  include  any such information as may be necessary to maintain the
   32  federal tax exempt status of bonds, notes or other obligations issued by
   33  the New York state thruway authority pursuant  to  section  380  of  the
   34  public authorities law.
   35    S  3.  Subdivision 1 of section 80-b of the highway law, as amended by
   36  chapter 161 of the laws of 2008, is amended to read as follows:
   37    1. In connection with the undertaking of any  project  for  which  the
   38  commissioner  is  authorized  to  use  moneys  of the federal government
   39  pursuant to the provisions of subdivision thirty-four-a of  section  ten
   40  and  section eighty of this chapter to assure the effective discharge of
   41  state responsibilities with respect to regional transportation needs, on
   42  highways, roads, streets, bicycle paths or pedestrian paths that are not
   43  on the state highway system, the commissioner shall submit such  project
   44  to  the governing body or bodies of the affected municipality or munici-
   45  palities together with estimates  of  costs  thereof.  If  such  project
   46  includes a municipal project, as that term is defined in accordance with
   47  article  thirteen  of  the  transportation  law, the state share of such
   48  municipal project shall also be included. If  such  project  includes  a
   49  project  affecting  a  highway, road, street, bicycle path or pedestrian
   50  path not on the state highway system, the state share shall be equal  to
   51  eighty  percent of the difference between the total project cost and the
   52  federal assistance, provided, however, the commissioner may increase the
   53  state share to an amount equal to one hundred percent of the  difference
   54  between  the  total  project  cost  and  the federal assistance where he
   55  determines that the need for  the  project  results  substantially  from
   56  actions undertaken pursuant to section ten of this chapter.  [Except for
       S. 6357                             5                            A. 8557
    1  individual  projects  where  the  non-federal share of a federally aided
    2  municipal project is less than five thousand dollars, no state or  local
    3  shares  of municipal streets and highways projects shall be payable from
    4  the  non-fiduciary  funds  of the capital projects budget of the depart-
    5  ment.] No such project shall proceed without the approval of the govern-
    6  ing body of a municipality. Such governing body may request the  commis-
    7  sioner  to  undertake the provision of such project. If the commissioner
    8  agrees to such undertaking he shall  notify  the  local  governing  body
    9  which shall appropriate sufficient moneys to pay the estimated amount of
   10  the municipal share. Such moneys shall be deposited with the state comp-
   11  troller  who  is  authorized  to  receive  and  accept  the same for the
   12  purposes of such project, subject to the draft  or  requisition  of  the
   13  commissioner.  When  the  work  of  such project has been completed, the
   14  commissioner shall render to the governing body of such municipality  an
   15  itemized statement showing in full (a) the amount of money that has been
   16  deposited  by  such municipality with the state comptroller as hereinbe-
   17  fore provided, and (b) all disbursements made pursuant to  this  section
   18  for  such project. Any surplus moneys shall be paid to such municipality
   19  on the warrant of the comptroller on vouchers therefor approved  by  the
   20  commissioner. When the work of such project has been completed and it is
   21  determined  by  the commissioner that the amount of the cost to be borne
   22  by the municipality is in excess of the amount deposited by such munici-
   23  pality with the state comptroller, the commissioner  shall  then  notify
   24  the municipality of the deficiency of funds. The municipality shall then
   25  within ninety days of the receipt of such notice, pay such amount to the
   26  state comptroller. For purposes of this section, the term "municipality"
   27  shall  include a city, county, town, village or two or more of the fore-
   28  going acting jointly.
   29    S 4. Subdivision (e) of section 16 of chapter 329 of the laws of 1991,
   30  amending the state finance law and other laws relating to the establish-
   31  ment of a dedicated highway and bridge trust fund, is REPEALED.
   32    S 5. Subdivision (e) of section 16-a of chapter 329  of  the  laws  of
   33  1991,  amending  the  state  finance  law and other laws relating to the
   34  establishment of a dedicated highway and bridge trust fund, is REPEALED.
   35    S 6. Paragraph (a) of subdivision 5 of section  10-f  of  the  highway
   36  law,  as added by chapter 725 of the laws of 1993, is amended to read as
   37  follows:
   38    (a) Funding of municipal projects will be made  upon  the  application
   39  for  funding of prior expenditures in a format prescribed by the commis-
   40  sioner. [Funding of qualifying municipal project expenditures  shall  be
   41  made  from  the  proceeds  of  bonds,  notes or other obligations issued
   42  pursuant to section three hundred eighty of the public authorities law.]
   43  Such funding of state projects may be pursuant to agreements between the
   44  commissioner and the New York state thruway authority and  may  be  from
   45  the  proceeds  of  bonds,  notes or other obligations issued pursuant to
   46  section three hundred eighty-five of the public authorities law.
   47    S 7. Paragraph (a) of subdivision 5 of section  10-g  of  the  highway
   48  law,  as added by chapter 725 of the laws of 1993, is amended to read as
   49  follows:
   50    (a) Funding of municipal projects will be made  upon  the  application
   51  for  funding of prior expenditures in a format prescribed by the commis-
   52  sioner. [Funding of qualifying municipal project expenditures  shall  be
   53  made  from  the  proceeds  of  bonds,  notes or other obligations issued
   54  pursuant to section three hundred eighty of the public authorities law.]
   55  Such funding of state projects may be pursuant to agreements between the
   56  commissioner and the New York state thruway authority and  may  be  from
       S. 6357                             6                            A. 8557
    1  the  proceeds  of  bonds,  notes or other obligations issued pursuant to
    2  section three hundred eighty-five of the public authorities law.
    3    S 8. This act shall take effect immediately.
    4                                   PART B
    5    Section  1.  Sections  3, 4, 5, 7, 8, 10, 11, 13, 14, 15, 16 and 17 of
    6  part F of chapter 56 of the laws of  2011  permitting  authorized  state
    7  entities  to utilize the design-build method for infrastructure projects
    8  are amended to read as follows:
    9    S 3. For the purposes of this act:
   10    (a) "authorized state entity" shall mean the New  York  state  thruway
   11  authority, the department of transportation, the office of parks, recre-
   12  ation and historic preservation, the department of environmental conser-
   13  vation and the New York state bridge authority.
   14    (b)  "best  value"  shall  mean  the  basis for awarding contracts for
   15  services to the offerer that  optimize  quality,  cost  and  efficiency,
   16  price  and  performance  criteria, which may include, but is not limited
   17  to:
   18    1. The quality of the contractor's performance on previous projects;
   19    2.  The  timeliness  of  the  contractor's  performance  on   previous
   20  projects;
   21    3.  The  level of customer satisfaction with the contractor's perform-
   22  ance on previous projects;
   23    4. The contractor's record of performing previous projects  on  budget
   24  and ability to minimize cost overruns;
   25    5. The contractor's ability to limit change orders;
   26    6. The contractor's ability to prepare appropriate project plans;
   27    7. The contractor's technical capacities;
   28    8. The individual qualifications of the contractor's key personnel;
   29    9.  The  contractor's  ability  to assess and manage risk and minimize
   30  risk impact; and
   31    10. The contractor's past record of compliance with  article  15-A  of
   32  the executive law.
   33    Such  basis  shall reflect, wherever possible, objective and quantifi-
   34  able analysis.
   35    (c) "capital project" shall have the same  meaning  as  such  term  is
   36  defined by subdivision 2-a of section 2 of the state finance law.
   37    (d)  "cost  plus" shall mean compensating a contractor for the cost to
   38  complete a contract by reimbursing actual costs for labor, equipment and
   39  materials plus an additional amount for overhead and profit.
   40    (e) "design-build contract" shall mean a contract for the  design  and
   41  construction  of  a capital project with a single entity, which may be a
   42  team comprised of separate entities.
   43    (f) "procurement record" means documentation of the decisions made and
   44  the approach taken in the procurement process.
   45    (G) "AUTHORIZED LOCAL ENTITY" SHALL MEAN ANY  CITY,  TOWN  OR  VILLAGE
   46  WITH A POPULATION OF MORE THAN FIFTY THOUSAND, OR ANY COUNTY.
   47    S  4. Notwithstanding the provisions of section 38 of the highway law,
   48  section 136-a of the state  finance  law,  section  359  of  the  public
   49  authorities  law,  section 7210 of the education law, SECTION 103 OF THE
   50  GENERAL MUNICIPAL LAW, and the  provisions  of  any  other  law  to  the
   51  contrary,  and  in  conformity  with  the  requirements  of this act, an
   52  authorized state OR LOCAL entity may utilize  the  alternative  delivery
   53  method  referred  to  as  design-build  contracts  for  capital projects
   54  related to  the  state's  OR  LOCAL  ENTITY'S  physical  infrastructure,
       S. 6357                             7                            A. 8557
    1  including,  but  not limited to, the state's OR LOCAL ENTITY'S highways,
    2  bridges, dams, flood control projects, canals, and parks, including, but
    3  not limited to, to repair damage caused by natural disaster, to  correct
    4  health and safety defects, to comply with federal and state laws, stand-
    5  ards,  and  regulations,  to  extend  the  useful life of or replace the
    6  state's  OR  LOCAL  ENTITY'S  highways,  bridges,  dams,  flood  control
    7  projects, canals, and parks or to improve or add to the state's OR LOCAL
    8  ENTITY'S  highways,  bridges,  dams, flood control projects, canals, and
    9  parks; provided that for the contracts executed  by  the  department  of
   10  transportation,  the  office of parks, recreation and historic preserva-
   11  tion, or the department of environmental conservation, OR BY  ANY  LOCAL
   12  ENTITY,  the  total cost of each such project shall not be less than one
   13  million two hundred thousand dollars ($1,200,000); AND FURTHER  PROVIDED
   14  THAT  AUTHORIZED  LOCAL  ENTITIES  MAY  UTILIZE THE ALTERNATIVE DELIVERY
   15  METHOD REFERRED TO AS DESIGN-BUILD CONTRACTS ONLY FOR  CAPITAL  PROJECTS
   16  THAT ARE NOT SUBJECT TO SECTION 101 OF THE GENERAL MUNICIPAL LAW.
   17    S  5.  An  entity  selected  by an authorized state OR LOCAL entity to
   18  enter into a design-build contract shall be selected through a  two-step
   19  method, as follows:
   20    (a)  Step one. Generation of a list of entities that have demonstrated
   21  the general capability to perform the design-build contract.  Such  list
   22  shall  consist  of  a  specified number of entities, as determined by an
   23  authorized state OR LOCAL entity, and shall be generated based upon  the
   24  authorized  state  OR  LOCAL  entity's review of responses to a publicly
   25  advertised request for qualifications. The  authorized  state  OR  LOCAL
   26  entity's  request for qualifications shall include a general description
   27  of the project, the maximum number of entities to  be  included  on  the
   28  list, and the selection criteria to be used in generating the list. Such
   29  selection  criteria  shall  include the qualifications and experience of
   30  the design and construction team, organization,  demonstrated  responsi-
   31  bility,  ability  of  the  team or of a member or members of the team to
   32  comply with applicable requirements, including the provisions  of  arti-
   33  cles  145,  147  and 148 of the education law, past record of compliance
   34  with the labor law, and such other qualifications the  authorized  state
   35  OR  LOCAL entity deems appropriate which may include but are not limited
   36  to project  understanding,  financial  capability  and  record  of  past
   37  performance.  The  authorized  state  OR LOCAL entity shall evaluate and
   38  rate all entities responding to the request for qualifications.    Based
   39  upon  such  ratings, the authorized state OR LOCAL entity shall list the
   40  entities that shall receive a request for proposals in  accordance  with
   41  subdivision (b) of this section.  To the extent consistent with applica-
   42  ble federal law, the authorized state entity shall consider, when award-
   43  ing  any  contract  pursuant  to this section, the participation of: (i)
   44  firms certified pursuant to article 15-A of the executive law as minori-
   45  ty or women-owned businesses and the ability of other  businesses  under
   46  consideration  to work with minority and women-owned businesses so as to
   47  promote and assist participation by  such  businesses;  and  (ii)  small
   48  business  concerns  identified  pursuant  to  subdivision (b) of section
   49  139-g of the state finance law.
   50    (b) Step two. Selection of the proposal which is the best value to the
   51  state OR LOCAL ENTITY. The authorized state OR LOCAL entity shall  issue
   52  a  request  for proposals to the entities listed pursuant to subdivision
   53  (a) of this section.  If such an entity consists of a team  of  separate
   54  entities,  the  entities that comprise such a team must remain unchanged
   55  from the entity as listed pursuant to subdivision (a)  of  this  section
   56  unless  otherwise  approved by the authorized state OR LOCAL entity. The
       S. 6357                             8                            A. 8557
    1  request for proposals shall set forth the project's scope of  work,  and
    2  other requirements, as determined by the authorized state OR LOCAL enti-
    3  ty.   The request for proposals shall specify the criteria to be used to
    4  evaluate  the  responses  and the relative weight of each such criteria.
    5  Such criteria shall include the proposal's  cost,  the  quality  of  the
    6  proposal's  solution,  the  qualifications and experience of the design-
    7  build entity, and other factors deemed pertinent by the authorized state
    8  OR LOCAL entity, which may include, but shall not  be  limited  to,  the
    9  proposal's  project  implementation,  ability  to complete the work in a
   10  timely and satisfactory  manner,  maintenance  costs  of  the  completed
   11  project,  maintenance  of  traffic  approach,  and community impact. Any
   12  contract awarded pursuant to this act shall be awarded to  a  responsive
   13  and  responsible  entity  that submits the proposal, which, in consider-
   14  ation of these and other specified  criteria  deemed  pertinent  to  the
   15  project,  offers  the best value to the state OR LOCAL ENTITY, as deter-
   16  mined by the authorized state OR LOCAL entity. Nothing herein  shall  be
   17  construed  to  prohibit  the  authorized  entity  from negotiating final
   18  contract terms and conditions including cost.
   19    S 7. Construction for each capital project undertaken by  the  author-
   20  ized  state  OR  LOCAL  entity  pursuant  to  this act shall be deemed a
   21  "public work" to be performed in accordance with the provisions of arti-
   22  cle 8 of the labor law, as well as subject to sections 200, 240, 241 and
   23  242 of the labor law and enforcement of prevailing wage requirements  by
   24  the New York state department of labor.
   25    S  8.  If  otherwise  applicable,  capital  projects undertaken by the
   26  authorized state OR LOCAL entity pursuant to this act shall  be  subject
   27  to  section  135  of  the state finance law and section 222 of the labor
   28  law.
   29    S 10. Capital projects undertaken by the  authorized  state  OR  LOCAL
   30  entity  pursuant  to  this  act  shall be subject to the requirements of
   31  article eight of the environmental conservation law, and, where applica-
   32  ble, the requirements of the national environmental policy act.
   33    S 11.  If otherwise applicable, capital  projects  undertaken  by  the
   34  authorized  state  entity  pursuant  to  this  act  shall be governed by
   35  sections 139-d, 139-j, 139-k, paragraph f of subdivision 1 and paragraph
   36  g of subdivision 9 of section 163 of the state finance law, AND  CAPITAL
   37  PROJECTS  UNDERTAKEN BY THE AUTHORIZED LOCAL ENTITY PURSUANT TO THIS ACT
   38  SHALL BE GOVERNED BY SECTION 103-D OF THE GENERAL MUNICIPAL LAW.
   39    S 13. Nothing contained in this act shall limit  the  right  or  obli-
   40  gation  of  the  authorized  state  OR  LOCAL  entity to comply with the
   41  provisions of any existing contract,  including  any  existing  contract
   42  with or for the benefit of the holders of the obligations of the author-
   43  ized  state OR LOCAL entity, or to award contracts as otherwise provided
   44  by law.
   45    S 14. Alternative construction awarding processes.  (i)  Notwithstand-
   46  ing  the  provisions  of  any  other law to the contrary, the authorized
   47  state OR LOCAL entity may award a construction contract:
   48    1. To the contractor offering the best value; or
   49    2. Utilizing a cost-plus not to exceed guaranteed maximum  price  form
   50  of contract in which the authorized state OR LOCAL entity shall be enti-
   51  tled  to monitor and audit all project costs. In establishing the sched-
   52  ule and process for determining a guaranteed maximum price, the contract
   53  between the authorized state OR LOCAL entity and the contractor shall:
   54    (a) describe the scope of the work and the  cost  of  performing  such
   55  work;
   56    (b) include a detailed line item cost breakdown;
       S. 6357                             9                            A. 8557
    1    (c)  include a list of all drawings, specifications and other informa-
    2  tion on which the guaranteed maximum price is based;
    3    (d)  include  the  dates for substantial and final completion on which
    4  the guaranteed maximum price is based; and
    5    (e) include a schedule of unit prices; or
    6    3. Utilizing a lump sum contract in which  the  contractor  agrees  to
    7  accept  a  set dollar amount for a contract which comprises a single bid
    8  without providing a cost breakdown for all costs such as for  equipment,
    9  labor, materials, as well as such contractor's profit for completing all
   10  items of work comprising the project.
   11    (ii) Capital projects undertaken by an authorized state OR LOCAL enti-
   12  ty  may include an incentive clause in the contract for various perform-
   13  ance objectives, but the incentive clause shall not include an incentive
   14  that exceeds the quantifiable value of the benefit received by the state
   15  OR LOCAL ENTITY. The authorized state OR LOCAL  entity  shall  establish
   16  such performance and payment bonds as it deems necessary.
   17    S   15.   Prequalified  contractors.  (a)  Notwithstanding  any  other
   18  provision of law, the authorized state OR LOCAL entity  may  maintain  a
   19  list  of  prequalified contractors who are eligible to submit a proposal
   20  pursuant to this act and entry into  such  list  shall  be  continuously
   21  available. Prospective contractors may be prequalified as contractors to
   22  provide  particular  types  of  construction, in accordance with general
   23  criteria established by the authorized state OR LOCAL entity  which  may
   24  include,  but shall not be limited to, the experience, past performance,
   25  ability to undertake the type and complexity of work, financial capabil-
   26  ity,  responsibility,  compliance  with  equal  employment   opportunity
   27  requirements   and   anti-discrimination  laws,  and  reliability.  Such
   28  prequalification may  be  by  categories  designed  by  size  and  other
   29  factors.
   30    (b) A contractor who is denied prequalification or whose prequalifica-
   31  tion is revoked or suspended by the authorized state OR LOCAL entity may
   32  appeal  such  decision to the authorized state entity. If such a suspen-
   33  sion extends for more than three months, it shall be deemed a revocation
   34  of the prequalification.  The  authorized  state  OR  LOCAL  entity  may
   35  proceed with the contract award during any appeal.
   36    S  16.  Nothing  in  this act shall affect existing powers of New York
   37  state public entities OR  LOCAL  ENTITIES  to  use  alternative  project
   38  delivery methods.
   39    S  17. This act shall take effect immediately [and shall expire and be
   40  deemed repealed 3 years after such date, provided  that,  projects  with
   41  requests for qualifications issued prior to such repeal shall be permit-
   42  ted to continue under this act notwithstanding such repeal].
   43    S 2. This act shall take effect immediately.
   44                                   PART C
   45    Section  1.    Section 13 of part U1 of chapter 62 of the laws of 2003
   46  amending the vehicle and traffic law and other laws relating to increas-
   47  ing certain motor vehicle transaction fees, as amended by section  2  of
   48  part B of chapter 58 of the laws of 2013, is amended to read as follows:
   49    S  13.  This  act shall take effect immediately; provided however that
   50  sections one through seven of this act, the amendments to subdivision  2
   51  of  section  205  of  the tax law made by section eight of this act, and
   52  section nine of this act shall expire and be deemed repealed  on  [March
   53  31]  APRIL  1,  2015;  provided further, however, that the amendments to
   54  subdivision 3 of section 205 of the tax law made  by  section  eight  of
       S. 6357                            10                            A. 8557
    1  this act shall expire and be deemed repealed on March 31, 2018; provided
    2  further,  however,  that  the  provisions  of section eleven of this act
    3  shall take effect April 1, 2004 and shall expire and be deemed  repealed
    4  on [March 31] APRIL 1, 2015.
    5    S  2.  Section 2 of part B of chapter 84 of the laws of 2002, amending
    6  the state finance law relating to the costs of the department  of  motor
    7  vehicles, as amended by section 1 of part E of chapter 59 of the laws of
    8  2009, is amended to read as follows:
    9    S  2.  This act shall take effect April 1, 2002; provided, however, if
   10  this act shall become a law after such date it shall take  effect  imme-
   11  diately and shall be deemed to have been in full force and effect on and
   12  after  April  1,  2002;  provided  further, however, that this act shall
   13  expire and be deemed repealed on [March 31] APRIL 1, 2015.
   14    S 3. Subdivision 4 of section 94 of the transportation law, as amended
   15  by section 1 of part D of chapter 101 of the laws of 2001, is amended to
   16  read as follows:
   17    4. All fees charged and collected by the commissioner hereunder  shall
   18  be deposited [to the miscellaneous special revenue fund - transportation
   19  regulation  account for the purposes established in this section] BY THE
   20  COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT  ACCOUNT  OF
   21  THE  DEDICATED  HIGHWAY  AND  BRIDGE  TRUST FUND ESTABLISHED PURSUANT TO
   22  SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
   23    S 4. Subdivision 4 of section 135 of the transportation law, as  added
   24  by chapter 166 of the laws of 1991, is amended to read as follows:
   25    4.  All revenues collected pursuant to this section shall be deposited
   26  [to the  miscellaneous  special  revenue  fund--rail  safety  inspection
   27  account]  BY  THE  COMPTROLLER  INTO  THE SPECIAL OBLIGATION RESERVE AND
   28  PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE  TRUST  FUND  ESTAB-
   29  LISHED  PURSUANT  TO  SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW for
   30  the purposes established in this section.  Fees will be based on  reven-
   31  ues  from the preceding calendar year and shall be assessed on or before
   32  July first and are payable by September first of each year. On or before
   33  January first of each year following assessment of fees pursuant to this
   34  section, the commissioner shall report to the railroad companies  annual
   35  costs associated with this assessment.
   36    S  5. Subdivision 5 of section 144 of the transportation law, as added
   37  by chapter 635 of the laws of 1983, is amended to read as follows:
   38    5. For furnishing a certification of any  paper,  record  or  official
   39  document,  one  dollar. No fees shall be charged or collected for copies
   40  of papers, records or official documents, furnished to  public  officers
   41  for  use  in  their  official capacity, or for the annual reports of the
   42  commissioner in the ordinary course of distribution, but the commission-
   43  er may fix reasonable charges for copies of  papers,  records,  official
   44  documents  and  other  publications  furnished or issued to others under
   45  this authority. All fees  charged  and  collected  by  the  commissioner
   46  [shall  belong  to  the  people  of the state and shall be paid monthly,
   47  accompanied by a detailed statement thereof, into the  treasury  of  the
   48  state  to the credit of the general fund] PURSUANT TO THIS SECTION SHALL
   49  BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE  AND
   50  PAYMENT  ACCOUNT  OF  THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB-
   51  LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
   52    S 6. Section 145 of the transportation law is amended by adding a  new
   53  subdivision 8 to read as follows:
   54    8. ALL PENALTIES CHARGED AND COLLECTED BY THE COMMISSIONER PURSUANT TO
   55  THIS  SECTION  SHALL  BE  DEPOSITED  BY THE COMPTROLLER INTO THE SPECIAL
   56  OBLIGATION RESERVE AND PAYMENT ACCOUNT  OF  THE  DEDICATED  HIGHWAY  AND
       S. 6357                            11                            A. 8557
    1  BRIDGE  TRUST  FUND  ESTABLISHED PURSUANT TO SECTION EIGHT-NINE-B OF THE
    2  STATE FINANCE LAW.
    3    S 7. Section 88 of the highway law is amended by adding a new subdivi-
    4  sion 13 to read as follows:
    5    13.  ALL  FEES  COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SECTION
    6  SHALL BE DEPOSITED  BY  THE  COMPTROLLER  INTO  THE  SPECIAL  OBLIGATION
    7  RESERVE  AND  PAYMENT  ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST
    8  FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE  FINANCE
    9  LAW.
   10    S  8.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
   11  finance law, as amended by section 2 of part B of chapter 58 of the laws
   12  of 2012, is amended to read as follows:
   13    (a) The special obligation reserve and payment account  shall  consist
   14  (i)  of all moneys required to be deposited in the dedicated highway and
   15  bridge trust fund pursuant to the provisions  of  sections  two  hundred
   16  five,  two  hundred  eighty-nine-e,  three  hundred  one-j, five hundred
   17  fifteen and eleven hundred sixty-seven of  the  tax  law,  section  four
   18  hundred  one  of  the vehicle and traffic law, and section thirty-one of
   19  chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
   20  fees, fines or penalties collected by the commissioner of transportation
   21  pursuant to section fifty-two, section three  hundred  twenty-six,  [and
   22  subdivisions  five,  eight  and  twelve  of] section eighty-eight of the
   23  highway law, subdivision fifteen of section three hundred eighty-five of
   24  the vehicle and traffic law, section two of the chapter of the  laws  of
   25  two  thousand  three  that  amended  this  paragraph, subdivision (d) of
   26  section three hundred four-a,  paragraph  one  of  subdivision  (a)  and
   27  subdivision  (d)  of  section  three  hundred five, subdivision six-a of
   28  section four hundred fifteen and subdivision (g) of  section  twenty-one
   29  hundred  twenty-five  of the vehicle and traffic law, section fifteen of
   30  this chapter, excepting moneys deposited with the state  on  account  of
   31  betterments  performed  pursuant to subdivision twenty-seven or subdivi-
   32  sion thirty-five of section ten of the highway law, AND  SECTIONS  NINE-
   33  TY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY-FOUR AND ONE HUNDRED
   34  FORTY-FIVE  OF THE TRANSPORTATION LAW, (iii) any moneys collected by the
   35  department of transportation for services provided  pursuant  to  agree-
   36  ments  entered  into  in  accordance  with  section ninety-nine-r of the
   37  general municipal law, and (iv) any other moneys collected  therefor  or
   38  credited or transferred thereto from any other fund, account or source.
   39    S  9.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
   40  finance law, as amended by section 3 of part B of chapter 58 of the laws
   41  of 2012, is amended to read as follows:
   42    (a) The special obligation reserve and payment account  shall  consist
   43  (i)  of all moneys required to be deposited in the dedicated highway and
   44  bridge trust fund pursuant to the provisions  of  sections  two  hundred
   45  eighty-nine-e,  three  hundred  one-j,  five  hundred fifteen and eleven
   46  hundred sixty-seven of the tax law, section  four  hundred  one  of  the
   47  vehicle  and traffic law, and section thirty-one of chapter fifty-six of
   48  the laws of nineteen hundred  ninety-three,  (ii)  all  fees,  fines  or
   49  penalties  collected  by  the commissioner of transportation pursuant to
   50  section fifty-two, section three hundred twenty-six,  [and  subdivisions
   51  five,  eight  and  twelve  of]  section eighty-eight of the highway law,
   52  subdivision fifteen of section three hundred eighty-five of the  vehicle
   53  and  traffic  law,  section  fifteen  of  this chapter, excepting moneys
   54  deposited with the state on account of betterments performed pursuant to
   55  subdivision twenty-seven or subdivision thirty-five of  section  ten  of
   56  the  highway law, AND SECTIONS NINETY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE
       S. 6357                            12                            A. 8557
    1  HUNDRED FORTY-FOUR AND ONE HUNDRED FORTY-FIVE OF THE TRANSPORTATION  LAW
    2  (iii)  any  moneys  collected  by  the  department of transportation for
    3  services provided pursuant to agreements entered into in accordance with
    4  section  ninety-nine-r  of the general municipal law, and (iv) any other
    5  moneys collected therefor or credited or transferred  thereto  from  any
    6  other fund, account or source.
    7    S  10.  Paragraph  a  of  subdivision  5  of section 89-b of the state
    8  finance law, as amended by section 60 of part HH of chapter  57  of  the
    9  laws of 2013, is amended to read as follows:
   10    a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
   11  following appropriation by the legislature, be  utilized  for:    recon-
   12  struction,  replacement, reconditioning, restoration, rehabilitation and
   13  preservation of state, county, town, city and village  roads,  highways,
   14  parkways,  and  bridges  thereon,  to  restore  such facilities to their
   15  intended  functions;  construction,  reconstruction,   enhancement   and
   16  improvement  of  state, county, town, city, and village roads, highways,
   17  parkways, and bridges thereon, to address current and projected capacity
   18  problems including costs for  traffic  mitigation  activities;  aviation
   19  projects authorized pursuant to section fourteen-j of the transportation
   20  law  and  for payments to the general debt service fund of amounts equal
   21  to amounts required for service contract payments  related  to  aviation
   22  projects  as provided and authorized by section three hundred eighty-six
   23  of the public authorities law; programs to assist small and minority and
   24  women-owned firms engaged  in  transportation  construction  and  recon-
   25  struction  projects,  including  a  revolving  fund  for working capital
   26  loans, and a bonding guarantee assistance  program  in  accordance  with
   27  provisions of this chapter; matching federal grants or apportionments to
   28  the state for highway, parkway and bridge capital projects; the acquisi-
   29  tion  of  real property and interests therein required or expected to be
   30  required in connection with such projects; preventive maintenance activ-
   31  ities necessary to ensure that highways, parkways and  bridges  meet  or
   32  exceed their optimum useful life; expenses of control of snow and ice on
   33  state  highways  by  the  department of transportation including but not
   34  limited to personal services, nonpersonal services and fringe  benefits,
   35  payment  of  emergency aid for control of snow and ice in municipalities
   36  pursuant to section fifty-five of the highway law, expenses  of  control
   37  of  snow and ice on state highways by municipalities pursuant to section
   38  twelve of the highway law, and  for  expenses  of  arterial  maintenance
   39  agreements  with  cities pursuant to section three hundred forty-nine of
   40  the highway law; personal services,  NONPERSONAL  SERVICES,  and  fringe
   41  benefit  costs  of  the  department  of  transportation  for  bus safety
   42  inspection activities, RAIL  SAFETY  INSPECTION  ACTIVITIES,  AND  TRUCK
   43  SAFETY INSPECTION ACTIVITIES; costs of the department of motor vehicles,
   44  including but not limited to personal and nonpersonal services; costs of
   45  engineering and administrative services of the department of transporta-
   46  tion,  including  but  not  limited  to  fringe  benefits;  the contract
   47  services provided by private firms in accordance with  section  fourteen
   48  of  the  transportation law; personal services and nonpersonal services,
   49  for activities including but not limited to the preparation of  designs,
   50  plans,  specifications and estimates; construction management and super-
   51  vision activities; costs of appraisals, surveys,  testing  and  environ-
   52  mental  impact  statements  for  transportation  projects;  expenses  in
   53  connection with buildings, equipment, materials and facilities  used  or
   54  useful  in  connection  with  the  maintenance, operation, and repair of
   55  highways,  parkways  and  bridges  thereon;  and  project   costs   for:
   56  construction,  reconstruction, improvement, reconditioning and preserva-
       S. 6357                            13                            A. 8557
    1  tion of rail freight facilities and intercity rail passenger  facilities
    2  and equipment; construction, reconstruction, improvement, reconditioning
    3  and   preservation  of  state,  municipal  and  privately  owned  ports;
    4  construction,  reconstruction, improvement, reconditioning and preserva-
    5  tion of municipal airports; privately owned airports and aviation  capi-
    6  tal  facilities, excluding airports operated by the state or operated by
    7  a bi-state municipal corporate instrumentality for which federal funding
    8  is not available provided the project is  consistent  with  an  approved
    9  airport  layout  plan;  and  construction,  reconstruction, enhancement,
   10  improvement, replacement,  reconditioning,  restoration,  rehabilitation
   11  and  preservation  of state, county, town, city and village roads, high-
   12  ways, parkways and bridges; and construction,  reconstruction,  improve-
   13  ment,  reconditioning  and  preservation  of  fixed  ferry facilities of
   14  municipal and privately owned ferry lines for  transportation  purposes,
   15  and  the  payment  of debt service required on any bonds, notes or other
   16  obligations and  related  expenses  for  highway,  parkway,  bridge  and
   17  project  costs  for: construction, reconstruction, improvement, recondi-
   18  tioning and preservation of rail freight facilities and  intercity  rail
   19  passenger   facilities   and  equipment;  construction,  reconstruction,
   20  improvement, reconditioning and preservation  of  state,  municipal  and
   21  privately owned ports; construction, reconstruction, improvement, recon-
   22  ditioning  and  preservation  of  municipal  airports;  privately  owned
   23  airports and aviation capital facilities, excluding airports operated by
   24  the state or operated by a bi-state municipal corporate  instrumentality
   25  for  which  federal  funding  is  not  available provided the project is
   26  consistent with an approved airport layout  plan;  construction,  recon-
   27  struction, enhancement, improvement, replacement, reconditioning, resto-
   28  ration, rehabilitation and preservation of state, county, town, city and
   29  village  roads, highways, parkways and bridges; and construction, recon-
   30  struction, improvement, reconditioning and preservation of  fixed  ferry
   31  facilities  of municipal and privately owned ferry lines for transporta-
   32  tion purposes, purposes authorized on or after  the  effective  date  of
   33  this  section.  Beginning with disbursements made on and after the first
   34  day of April, nineteen hundred ninety-three, moneys in such  fund  shall
   35  be  available  to  pay such costs or expenses made pursuant to appropri-
   36  ations or reappropriations made during the state fiscal year which began
   37  on the first of April, nineteen hundred ninety-two. Beginning the  first
   38  day  of  April, nineteen hundred ninety-three, moneys in such fund shall
   39  also be used for transfers to the general  debt  service  fund  and  the
   40  revenue bond tax fund of amounts equal to that respectively required for
   41  service  contract  and  financing  agreement  payments  as  provided and
   42  authorized by section three hundred eighty  of  the  public  authorities
   43  law,  section eleven of chapter three hundred twenty-nine of the laws of
   44  nineteen hundred ninety-one, as amended, and sections sixty-eight-c  and
   45  sixty-nine-o of this chapter.
   46    S  11.  Paragraph  a  of  subdivision  5  of section 89-b of the state
   47  finance law, as amended by section 60-a of part HH of chapter 57 of  the
   48  laws of 2013, is amended to read as follows:
   49    a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
   50  following appropriation by the legislature, be  utilized  for:    recon-
   51  struction,  replacement, reconditioning, restoration, rehabilitation and
   52  preservation of state, county, town, city and village  roads,  highways,
   53  parkways,  and  bridges  thereon,  to  restore  such facilities to their
   54  intended  functions;  construction,  reconstruction,   enhancement   and
   55  improvement  of  state, county, town, city, and village roads, highways,
   56  parkways, and bridges thereon, to address current and projected capacity
       S. 6357                            14                            A. 8557
    1  problems including costs for  traffic  mitigation  activities;  aviation
    2  projects authorized pursuant to section fourteen-j of the transportation
    3  law  and  for payments to the general debt service fund of amounts equal
    4  to  amounts  required  for service contract payments related to aviation
    5  projects as provided and authorized by section three hundred  eighty-six
    6  of the public authorities law; programs to assist small and minority and
    7  women-owned  firms  engaged  in  transportation  construction and recon-
    8  struction projects, including  a  revolving  fund  for  working  capital
    9  loans,  and  a  bonding  guarantee assistance program in accordance with
   10  provisions of this chapter; matching federal grants or apportionments to
   11  the state for highway, parkway and bridge capital projects; the acquisi-
   12  tion of real property and interests therein required or expected  to  be
   13  required in connection with such projects; preventive maintenance activ-
   14  ities  necessary  to  ensure that highways, parkways and bridges meet or
   15  exceed their optimum useful life; expenses of control of snow and ice on
   16  state highways by the department of  transportation  including  but  not
   17  limited  to personal services, nonpersonal services and fringe benefits,
   18  payment of emergency aid for control of snow and ice  in  municipalities
   19  pursuant  to  section fifty-five of the highway law, expenses of control
   20  of snow and ice on state highways by municipalities pursuant to  section
   21  twelve  of  the  highway  law,  and for expenses of arterial maintenance
   22  agreements with cities pursuant to section three hundred  forty-nine  of
   23  the  highway  law;  personal  services, NONPERSONAL SERVICES, and fringe
   24  benefit costs  of  the  department  of  transportation  for  bus  safety
   25  inspection  activities,  RAIL  SAFETY  INSPECTION  ACTIVITIES, AND TRUCK
   26  SAFETY INSPECTION ACTIVITIES; costs of  engineering  and  administrative
   27  services  of the department of transportation, including but not limited
   28  to fringe benefits; the contract services provided by private  firms  in
   29  accordance  with  section  fourteen  of the transportation law; personal
   30  services and nonpersonal services,  for  activities  including  but  not
   31  limited  to  the preparation of designs, plans, specifications and esti-
   32  mates; construction management  and  supervision  activities;  costs  of
   33  appraisals,  surveys,  testing  and  environmental impact statements for
   34  transportation projects; expenses in connection with  buildings,  equip-
   35  ment,  materials  and  facilities  used or useful in connection with the
   36  maintenance, operation, and repair of  highways,  parkways  and  bridges
   37  thereon;  and project costs for:  construction, reconstruction, improve-
   38  ment, reconditioning and preservation of  rail  freight  facilities  and
   39  intercity  rail passenger facilities and equipment; construction, recon-
   40  struction, improvement, reconditioning and preservation of state, munic-
   41  ipal and privately owned ports; construction,  reconstruction,  improve-
   42  ment,  reconditioning  and preservation of municipal airports; privately
   43  owned airports and aviation capital facilities, excluding airports oper-
   44  ated by the state or operated by a bi-state municipal corporate  instru-
   45  mentality  for  which  federal  funding  is  not  available provided the
   46  project  is  consistent  with  an  approved  airport  layout  plan;  and
   47  construction,  reconstruction,  enhancement,  improvement,  replacement,
   48  reconditioning, restoration, rehabilitation and preservation  of  state,
   49  county,  town,  city  and village roads, highways, parkways and bridges;
   50  and construction, reconstruction, improvement, reconditioning and  pres-
   51  ervation  of  fixed  ferry  facilities  of municipal and privately owned
   52  ferry lines for transportation purposes, and the payment of debt service
   53  required on any bonds, notes or other obligations and  related  expenses
   54  for highway, parkway, bridge and project costs for: construction, recon-
   55  struction,  improvement, reconditioning and preservation of rail freight
   56  facilities  and  intercity  rail  passenger  facilities  and  equipment;
       S. 6357                            15                            A. 8557
    1  construction,  reconstruction, improvement, reconditioning and preserva-
    2  tion of state, municipal and privately owned ports; construction, recon-
    3  struction, improvement, reconditioning  and  preservation  of  municipal
    4  airports;  privately  owned  airports  and  aviation capital facilities,
    5  excluding airports operated by the  state  or  operated  by  a  bi-state
    6  municipal  corporate  instrumentality  for  which federal funding is not
    7  available provided the project is consistent with  an  approved  airport
    8  layout  plan;  construction,  reconstruction,  enhancement, improvement,
    9  replacement, reconditioning, restoration, rehabilitation  and  preserva-
   10  tion  of state, county, town, city and village roads, highways, parkways
   11  and bridges; and construction, reconstruction, improvement, recondition-
   12  ing and preservation of fixed ferry facilities of municipal and private-
   13  ly owned ferry lines for transportation purposes, purposes authorized on
   14  or after the effective date of this section.  Beginning  with  disburse-
   15  ments  made  on and after the first day of April, nineteen hundred nine-
   16  ty-three, moneys in such fund shall be available to pay  such  costs  or
   17  expenses made pursuant to appropriations or reappropriations made during
   18  the  state  fiscal  year  which  began  on  the first of April, nineteen
   19  hundred ninety-two. Beginning the first day of April,  nineteen  hundred
   20  ninety-three,  moneys  in  such fund shall also be used for transfers to
   21  the general debt service fund and the revenue bond tax fund  of  amounts
   22  equal  to  that respectively required for service contract and financing
   23  agreement payments as provided and authorized by section  three  hundred
   24  eighty  of  the  public authorities law, section eleven of chapter three
   25  hundred twenty-nine of the  laws  of  nineteen  hundred  ninety-one,  as
   26  amended, and sections sixty-eight-c and sixty-nine-o of this chapter.
   27    S  12.    This  act  shall  take effect immediately, provided that the
   28  amendments to paragraph (a) of subdivision 3  of  section  89-b  of  the
   29  state  finance law made by section eight of this act shall be subject to
   30  the expiration and reversion of such paragraph pursuant to section 13 of
   31  part U1 of chapter 62 of the laws of 2003, as amended,  when  upon  such
   32  date  the  provisions of section nine of this act shall take effect; and
   33  provided further that the amendments to paragraph a of subdivision 5  of
   34  section  89-b  of  the state finance law made by section ten of this act
   35  shall be subject to the  expiration  and  reversion  of  such  paragraph
   36  pursuant  to  section  2 of part B of chapter 84 of the laws of 2002, as
   37  amended, when upon such date the provisions of section  eleven  of  this
   38  act shall take effect.
   39                                   PART D
   40    Section  1.  Section  2  of  part D of chapter 58 of the laws of 2013,
   41  relating to the hours of operation of the department of  motor  vehicles
   42  and providing for the repeal of such provisions upon expiration thereof,
   43  is amended to read as follows:
   44    S  2.  This act shall take effect immediately [and shall expire and be
   45  deemed repealed two years after such date].
   46    S 2. This act shall take effect immediately.
   47                                   PART E
   48    Section 1. The article heading of article  12-C  of  the  vehicle  and
   49  traffic  law, as added by chapter 751 of the laws of 2005, is amended to
   50  read as follows:
   51                  ACCIDENT PREVENTION COURSE INTERNET, AND
   52                      OTHER TECHNOLOGY [PILOT] PROGRAM
       S. 6357                            16                            A. 8557
    1    S 2. Sections 399-m and 399-o of  the  vehicle  and  traffic  law  are
    2  REPEALED.
    3    S 3. Sections 399-k and 399-l of the vehicle and traffic law, as added
    4  by chapter 751 of the laws of 2005, are amended to read as follows:
    5    S  399-k.  Accident  prevention  course  internet  technology  [pilot]
    6  program.  The commissioner shall establish and implement a comprehensive
    7  [pilot] program to [review and study] ALLOW internet, and other technol-
    8  ogies as approved by the commissioner, as  a  training  method  for  the
    9  administration  and completion of an approved accident prevention course
   10  for the purposes of granting point and insurance premium reduction bene-
   11  fits.
   12    S 399-l. Application. Applicants  for  participation  in  the  [pilot]
   13  program  established pursuant to this article shall be among those acci-
   14  dent prevention course sponsoring agencies that have a  course  approved
   15  by the commissioner pursuant to article twelve-B of this title [prior to
   16  the effective date of this article and which deliver] AND HAVE SATISFAC-
   17  TORILY  DELIVERED such course to the public FOR A PERIOD OF ONE YEAR AND
   18  CONTINUE TO DELIVER SUCH COURSE, UNLESS EXEMPTED  BY  THE  COMMISSIONER.
   19  [Provided,  however,  the  commissioner  may,  in his or her discretion,
   20  approve applications after such date.]  In  order  to  be  approved  for
   21  participation  in  such [pilot] program, the course must comply with the
   22  provisions of law,  rules  and  regulations  applicable  thereto.    The
   23  commissioner  may,  in  his  or  her  discretion,  impose  a fee for the
   24  submission of each application to participate  in  the  [pilot]  program
   25  established  pursuant  to  this article. Such fee shall not exceed seven
   26  thousand five hundred dollars. The  proceeds  from  such  fee  shall  be
   27  deposited  in the accident prevention course internet technology [pilot]
   28  program fund as  established  by  section  eighty-nine-g  of  the  state
   29  finance law.
   30    S 4. Subdivision 2 of section 399-n of the vehicle and traffic law, as
   31  added by chapter 751 of the laws of 2005, is amended to read as follows:
   32    2.  The  commissioner is authorized to impose a fee upon each accident
   33  prevention course sponsoring agency approved for  participation  in  the
   34  [pilot]  program,  which shall not exceed eight dollars for each student
   35  who completes an accident prevention course  by  means  of  the  [pilot]
   36  program established pursuant to this article.
   37    S  5. The section heading, subdivisions 1 and 3 of section 89-g of the
   38  state finance law, as added by chapter 751 of  the  laws  of  2005,  are
   39  amended to read as follows:
   40    Accident  prevention  course  internet,  and  other technology [pilot]
   41  program fund. 1. There is hereby established in the joint custody of the
   42  state comptroller and the commissioner of taxation and finance a special
   43  fund to be known as the "accident prevention course internet, and  other
   44  technology [pilot] program fund".
   45    3.  The  moneys  in the accident prevention course internet, and other
   46  technology [pilot] program fund shall be kept separate and shall not  be
   47  commingled  with  any other moneys in the custody of the commissioner of
   48  taxation and finance and the state comptroller.
   49    S 6. Section 5 of chapter 751 of the laws of 2005, amending the insur-
   50  ance law and the vehicle and traffic law, relating to  establishing  the
   51  accident prevention course internet technology pilot program, is amended
   52  to read as follows:
   53    S 5. This act shall take effect on the one hundred eightieth day after
   54  it shall have become a law [and shall expire and be deemed repealed five
   55  years  after  the date that the accident prevention course internet, and
   56  other technology pilot program is established  and  implemented  by  the
       S. 6357                            17                            A. 8557
    1  commissioner  of  motor vehicles pursuant to article 12-C of the vehicle
    2  and traffic law, as added by section three of this act];  provided  that
    3  any  rules and regulations necessary to implement the provisions of this
    4  act on its effective date are authorized and directed to be completed on
    5  or  before  such  date;  and provided, further, that the commissioner of
    6  motor vehicles shall notify the legislative bill drafting commission  of
    7  the  date  he  or she establishes and implements the accident prevention
    8  course internet technology pilot program pursuant to article 12-C of the
    9  vehicle and traffic law, as added by section three of this act, in order
   10  that such commission may maintain an accurate and timely effective  data
   11  base of the official text of the laws of the state of New York in furth-
   12  erance  of effecting the provisions of section 44 of the legislative law
   13  and section 70-b of the public officers law.
   14    S 7. This act shall take effect immediately;  provided  that  sections
   15  one through five of this act shall take effect May 18, 2014.
   16                                   PART F
   17    Section  1.  Subdivision 3 of section 510-a of the vehicle and traffic
   18  law is amended by adding a new paragraph (f) to read as follows:
   19    (F) A COMMERCIAL DRIVER'S LICENSE SHALL BE SUSPENDED  BY  THE  COMMIS-
   20  SIONER  IF  THE  HOLDER  FAILS  TO  AMEND THE LICENSE TO ADD OR REMOVE A
   21  LICENSE RESTRICTION AS DIRECTED BY  THE  COMMISSIONER.  SUCH  SUSPENSION
   22  SHALL  REMAIN  IN  EFFECT  UNTIL  THE  HOLDER OF THE COMMERCIAL DRIVER'S
   23  LICENSE AMENDS HIS OR HER LICENSE AS DIRECTED BY THE  COMMISSIONER.  THE
   24  COMMISSIONER  SHALL  DIRECT  THE  HOLDER  OF  SUCH  COMMERCIAL  DRIVER'S
   25  LICENSE, BY FIRST CLASS MAIL TO THE ADDRESS OF SUCH PERSON ON FILE  WITH
   26  THE  DEPARTMENT  OR AT THE CURRENT ADDRESS PROVIDED BY THE UNITED STATES
   27  POSTAL SERVICE, TO AMEND HIS  OR  HER  COMMERCIAL  DRIVER'S  LICENSE  BY
   28  ADDING  OR  REMOVING  A SPECIFIED RESTRICTION, AND THAT FAILURE TO AMEND
   29  SUCH LICENSE AS DIRECTED SHALL RESULT IN THE SUSPENSION OF  HIS  OR  HER
   30  COMMERCIAL DRIVER'S LICENSE NO EARLIER THAN THIRTY DAYS FROM THE DATE OF
   31  THE NOTICE TO SUCH HOLDER.
   32    S 2. Subdivision 1-a of section 509 of the vehicle and traffic law, as
   33  added  by  section  1  of  part  J of chapter 59 of the laws of 2006, is
   34  amended to read as follows:
   35    1-a. Whenever a license is required  to  operate  a  commercial  motor
   36  vehicle,  no person shall operate a commercial motor vehicle without the
   37  proper endorsements for the specific vehicle being operated or  for  the
   38  passengers  or  type  of  cargo being transported; OR WITHOUT THE PROPER
   39  RESTRICTIONS OR WITH RESTRICTIONS THAT ARE INAPPLICABLE TO  OR  INAPPRO-
   40  PRIATE FOR THE HOLDER FOR HIS OR HER OPERATION OF COMMERCIAL MOTOR VEHI-
   41  CLES.
   42    S 3. This act shall take effect immediately.
   43                                   PART G
   44    Section 1. Section 2985 of title 11 of article 9 of the public author-
   45  ities law is designated title 11-A and such title is amended by adding a
   46  new title heading to read as follows:
   47                              TOLL COLLECTIONS
   48    S  2.  Subdivision 1 of section 2985 of the public authorities law, as
   49  added by chapter 379 of the laws of 1992, is amended to read as follows:
   50    1. Notwithstanding any other provision of law, every public  authority
   51  which  operates  a  toll highway bridge and/or tunnel facility is hereby
   52  authorized and empowered to impose monetary liability [on the owner of a
       S. 6357                            18                            A. 8557
    1  vehicle] for failure [of an operator thereof] to comply  with  the  toll
    2  collection  regulations  of such public authority in accordance with the
    3  provisions of this section.
    4    S  3.  Subdivision 3 of section 2985 of the public authorities law, as
    5  added by chapter 379 of the laws of 1992, is amended to read as follows:
    6    3. For purposes of this section,  the  term  "owner"  shall  mean  any
    7  person,  corporation,  partnership, firm, agency, association, lessor or
    8  organization who, at the time of the violation OR WHEN THE OBLIGATION TO
    9  PAY THE TOLL IS INCURRED and with respect to the vehicle  identified  in
   10  the  notice  of  liability:  (a) is the beneficial or equitable owner of
   11  such vehicle; or (b) has title to such vehicle; or (c) is the registrant
   12  or co-registrant of such vehicle which is registered with the department
   13  of motor vehicles of this state or any other state, territory, district,
   14  province, nation or other jurisdiction; or (d) subject  to  the  limita-
   15  tions set forth in subdivision ten of this section, uses such vehicle in
   16  its  vehicle  renting and/or leasing business; and includes (e) a person
   17  entitled to the use and possession of a vehicle subject  to  a  security
   18  interest  in  another  person.  For  purposes  of this section, the term
   19  "photo-monitoring system" shall mean a vehicle sensor installed to  work
   20  in  conjunction  with  a  toll  collection  facility which automatically
   21  produces one or more photographs, one or more microphotographs, a  vide-
   22  otape or other recorded images of each vehicle at the time it is used or
   23  operated  in  [violation  of toll collection regulations] OR UPON A TOLL
   24  FACILITY.  For purposes of this section, the term "toll collection regu-
   25  lations" shall mean: those rules and regulations of a  public  authority
   26  providing  for  and  requiring  the  payment  of  tolls  and/or  charges
   27  prescribed by such public authority for the use of bridges,  tunnels  or
   28  highways  under  its  jurisdiction  or  those rules and regulations of a
   29  public authority making it unlawful to refuse to pay or to evade  or  to
   30  attempt  to  evade  the payment of all or part of any toll and/or charge
   31  for the use of bridges, tunnels or highways under  the  jurisdiction  of
   32  such  public authority. For purposes of this section, the term "vehicle"
   33  shall mean every device in, upon or by which a person or property is  or
   34  may  be  transported or drawn upon a highway, except devices used exclu-
   35  sively upon stationary rails or tracks.
   36    S 4. Subdivision 4 of section 2985 of the public authorities  law,  as
   37  added by chapter 379 of the laws of 1992, is amended to read as follows:
   38    4.  A  certificate,  sworn  to  or  affirmed by an agent of the public
   39  authority which charged that the  violation  occurred,  or  a  facsimile
   40  thereof,  based upon inspection of [photographs, microphotographs, vide-
   41  otape or other recorded images] DATA OR IMAGES produced by [a photo-mon-
   42  itoring] AN ELECTRONIC TOLL COLLECTION system  OR  OTHER  RECORDS  MAIN-
   43  TAINED BY OR ON BEHALF OF THE PUBLIC AUTHORITY REGARDING TOLL VIOLATIONS
   44  shall  be  prima facie evidence of the facts contained therein and shall
   45  be admissible in any proceeding charging a violation of toll  collection
   46  regulations, provided that any [photographs, microphotographs, videotape
   47  or  other recorded images] SUCH DATA, IMAGES, OR RECORDS evidencing such
   48  a violation  shall  be  available  for  inspection  and  admission  into
   49  evidence  in  any  proceeding  to  adjudicate  the  liability  for  such
   50  violation.
   51    S 5. Subdivision 5 of section 2985 of the public authorities  law,  as
   52  added by chapter 379 of the laws of 1992, is amended to read as follows:
   53    5.  An  owner  found  liable  for a violation of toll collection regu-
   54  lations pursuant to this section shall for a first violation thereof  be
   55  liable  for  THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND
   56  FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED
       S. 6357                            19                            A. 8557
    1  dollars or two times the toll evaded whichever is greater; for a  second
    2  violation  thereof  both  within  eighteen months be liable for THE FULL
    3  AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
    4  monetary  penalty  not to exceed [one] TWO hundred dollars or five times
    5  the toll  evaded  whichever  is  greater;  for  a  third  or  subsequent
    6  violation  thereof  all  within  eighteen  months be liable for THE FULL
    7  AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
    8  monetary penalty not to exceed [one] THREE hundred  [fifty]  dollars  or
    9  ten times the toll evaded whichever is greater.
   10    S  6.  Paragraphs (a), (b) and (d) of subdivision 7 of section 2985 of
   11  the public authorities law, as added by chapter 379 of the laws of 1992,
   12  are amended to read as follows:
   13    (a) A notice of liability shall be sent by first class  mail  to  each
   14  person  alleged  to  be  liable  as  an  owner  for  a violation of toll
   15  collection regulations. Such notice shall be mailed no later than [thir-
   16  ty] ONE HUNDRED TWENTY days after the alleged violation. Personal deliv-
   17  ery on the owner shall not be required. A manual or automatic record  of
   18  mailing prepared in the ordinary course of business shall be prima facie
   19  evidence of the mailing of the notice.
   20    (b)  A  notice  of liability shall contain the name and address of the
   21  person alleged to be  liable  as  an  owner  for  a  violation  of  toll
   22  collection regulations pursuant to this section, the registration number
   23  AND STATE OF REGISTRATION of the vehicle involved in such violation, the
   24  [location where such violation took place, the date and time] LOCATIONS,
   25  DATES AND TIMES of EACH USE OF THE FACILITY THAT FORMS THE BASIS OF such
   26  violation,  THE AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES,
   27  and the identification number of the [photo-monitoring] ELECTRONIC  TOLL
   28  COLLECTION  system  which recorded the [violation] VEHICLE BEING USED OR
   29  OPERATED ON THE TOLL FACILITY or other document locator number.
   30    (d) The notice of liability shall be prepared  and  mailed  by  OR  ON
   31  BEHALF OF the public authority having jurisdiction over the toll facili-
   32  ty where the violation of toll collection regulations occurred.
   33    S  7.  Subdivision 8 of section 2985 of the public authorities law, as
   34  added by chapter 379 of the laws of 1992, is amended to read as follows:
   35    8. Adjudication of the liability imposed upon owners by  this  section
   36  shall  be by the entity having jurisdiction over violations of the rules
   37  and regulations of the public authority serving the notice of  liability
   38  or  where  authorized  by  an administrative tribunal and all violations
   39  shall be heard and determined in the county in which  the  violation  is
   40  alleged  to  have  occurred, or in New York city and upon the consent of
   41  both parties, in any county within New York city  in  which  the  public
   42  authority  operates  or  maintains a facility, and in the same manner as
   43  charges of other regulatory  violations  of  such  public  authority  or
   44  pursuant to the rules and regulations of such administrative tribunal as
   45  the  case may be. THE ENTITY OR ADMINISTRATIVE TRIBUNAL THAT ADJUDICATES
   46  LIABILITY FOR A VIOLATION SHALL COLLECT THE FULL AMOUNT OF THE  ASSESSED
   47  TOLLS  AND  OTHER  CHARGES  AND FEES IN ADDITION TO THE MONETARY PENALTY
   48  OWED, AND SHALL PAY TO THE PUBLIC AUTHORITY WHOSE TOLL COLLECTION  REGU-
   49  LATIONS  WERE  VIOLATED  THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER
   50  CHARGES AND FEES AND ONE-HALF OF THE MONETARY PENALTY.
   51    S 8. Subdivision 10 of section 2985 of the public authorities law,  as
   52  amended  by  chapter  666  of  the  laws  of 1993, is amended to read as
   53  follows:
   54    10. An owner who is a lessor of a vehicle to which a notice of liabil-
   55  ity was issued pursuant to subdivision seven of this section  shall  not
   56  be  liable  for the violation of the toll collection regulation provided
       S. 6357                            20                            A. 8557
    1  that he or she sends to the public  authority  [serving  the  notice  of
    2  liability  and  to the court or other entity having jurisdiction] OR ITS
    3  DULY AUTHORIZED AGENT FOR THIS PURPOSE a copy of the  rental,  lease  or
    4  other  such  contract document covering such vehicle on the date of [the
    5  violation] USE OF A TOLL FACILITY, with the  name  and  address  of  the
    6  lessee   clearly  legible,  within  thirty  days  after  receiving  [the
    7  original] notice of  [liability]  USE  OF  THE  TOLL  FACILITY  BY  SUCH
    8  VEHICLE.    Failure to send such information within such thirty day time
    9  period shall render the lessor liable for the penalty prescribed by this
   10  section. Where the lessor complies with the provisions of this  subdivi-
   11  sion,  the lessee of such vehicle on the date of such [violation] USE OF
   12  THE TOLL FACILITY shall be deemed to be the owner of  such  vehicle  for
   13  purposes  of  this  section  and  shall  be subject to liability for the
   14  violation of toll collection  regulations[,  provided  that  the  public
   15  authority  mails  a  notice  of  liability to the lessee within ten days
   16  after the court, or other entity having jurisdiction, deems  the  lessee
   17  to  be  the  owner].  For purposes of this subdivision the term "lessor"
   18  shall mean any person, corporation, firm, partnership,  agency,  associ-
   19  ation  or  organization  engaged  in  the business of renting or leasing
   20  vehicles to any lessee under a  rental  agreement,  lease  or  otherwise
   21  wherein  the  said  lessee has the exclusive use of said vehicle for any
   22  period of time. For purposes of  this  subdivision,  the  term  "lessee"
   23  shall  mean  any person, corporation, firm, partnership, agency, associ-
   24  ation or organization that rents, leases or contracts for the use of one
   25  or more vehicles and has exclusive use thereof for any period of time.
   26    S 9. Subdivision 11 of section 2985 of the public authorities law,  as
   27  added by chapter 379 of the laws of 1992, is amended to read as follows:
   28    11. Except as provided in subdivision ten of this section, if a person
   29  receives  a  notice  of liability pursuant to this section it shall be a
   30  valid defense to an allegation of liability  for  a  violation  of  toll
   31  collection  regulations  that  the individual who received the notice of
   32  liability pursuant to this section was not the owner of the  vehicle  at
   33  the time the [violation occurred] OBLIGATION FOR PAYMENT OF THE TOLL AND
   34  OTHER CHARGES WAS INCURRED.  If the owner liable for a violation of toll
   35  collection  regulations pursuant to this section was not the operator of
   36  the vehicle at the time of the violation,  the  owner  may  maintain  an
   37  action for indemnification against the operator.
   38    S 10. Subdivision 12 of section 2985 of the public authorities law, as
   39  added by chapter 379 of the laws of 1992, is amended to read as follows:
   40    12.  "Electronic  toll  collection  system"  shall  mean  a  system of
   41  collecting tolls or OTHER charges  [which  is  capable  of  charging  an
   42  account  holder the appropriate toll or charge by transmission of infor-
   43  mation from an electronic device on a motor vehicle to  the  toll  lane,
   44  which  information is used to charge the account the appropriate toll or
   45  charge] USING ELECTRONIC DATA AND IMAGES.   In adopting  procedures  for
   46  the preparation and mailing of a notice of liability, the public author-
   47  ity having jurisdiction over the toll facility shall adopt guidelines to
   48  ensure  adequate  and  timely  notice  to all electronic toll collection
   49  system account holders to inform them when  their  accounts  are  delin-
   50  quent.  An  owner  who  is  an  account holder under the electronic toll
   51  collection system shall not be found liable  for  a  violation  of  this
   52  section  unless such authority has first sent a notice of delinquency to
   53  such account holder and the account holder was in fact delinquent at the
   54  time of the violation.
   55    S 11. Section 2985 of the public authorities law is amended  by adding
   56  three new subdivisions 15, 16 and 17 to read as follows:
       S. 6357                            21                            A. 8557
    1    15.   IN ADDITIONAL TO ANY MONETARY  LIABILITY  THAT  MAY  BE  IMPOSED
    2  PURSUANT  TO THIS SECTION, A PUBLIC AUTHORITY THAT OPERATES A TOLL HIGH-
    3  WAY, BRIDGE OR TUNNEL FACILITY IS HEREBY  AUTHORIZED  AND  EMPOWERED  TO
    4  IMPOSE  AN  ADMINISTRATIVE  FEE  OR  FEES ON AN OWNER, AN OPERATOR OR AN
    5  ACCOUNT HOLDER THAT HAS VIOLATED TOLL COLLECTION REGULATIONS.
    6    16.  ANY  NOTICE REQUIRED TO BE SENT PURSUANT TO THIS SECTION BY FIRST
    7  CLASS MAIL MAY INSTEAD BE SENT, WITH CONSENT,  BY  ELECTRONIC  MEANS  OF
    8  COMMUNICATION. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS
    9  PREPARED  IN THIS ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE EVIDENCE
   10  OF ELECTRONIC NOTICE.
   11    17. THE NEW YORK STATE THRUWAY AUTHORITY AND THE NEW YORK STATE BRIDGE
   12  AUTHORITY ARE AUTHORIZED TO ADOPT RULES AND REGULATIONS TO ESTABLISH  AN
   13  ADMINISTRATIVE  TRIBUNAL  TO  ADJUDICATE  THE  LIABILITY  OF  OWNERS FOR
   14  VIOLATION OF TOLL COLLECTION REGULATIONS AS DEFINED IN AND IN ACCORDANCE
   15  WITH THE PROVISIONS OF THIS SECTION AND THE APPLICABLE TOLL  REGULATIONS
   16  OF SUCH AUTHORITIES. SUCH TRIBUNAL SHALL HAVE, WITH RESPECT TO VIOLATION
   17  OF TOLL COLLECTION REGULATIONS OF SUCH AUTHORITIES, NON-EXCLUSIVE JURIS-
   18  DICTION OVER VIOLATIONS OF THE RULES AND REGULATIONS WHICH MAY FROM TIME
   19  TO  TIME  BE  ESTABLISHED  BY  SUCH  AUTHORITIES  IN ACCORDANCE WITH THE
   20  PROVISIONS OF THIS SECTION. VIOLATIONS SHALL BE HEARD AND DETERMINED  IN
   21  THE  COUNTY IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED OR IN THE
   22  COUNTY IN WHICH THE PUBLIC AUTHORITY HAS ITS PRIMARY OR REGIONAL  ADMIN-
   23  ISTRATIVE  OFFICES  AND REGULATIONS MAY PROVIDE FOR THE CONDUCT OF HEAR-
   24  INGS VIA VIDEOCONFERENCING.
   25    S 12. Subdivision 2 of section  87  of  the  public  officers  law  is
   26  amended by adding a new paragraph (n) to read as follows:
   27    (N)  ARE  DATA  OR  IMAGES  PRODUCED  BY AN ELECTRONIC TOLL COLLECTION
   28  SYSTEM UNDER AUTHORITY OF SECTION TWO THOUSAND NINE HUNDRED  EIGHTY-FIVE
   29  OF THE PUBLIC AUTHORITIES LAW.
   30    S  13.  Subdivision 4-d of section 510 of the vehicle and traffic law,
   31  as added by chapter 379 of the laws of  1992,  is  amended  to  read  as
   32  follows:
   33    4-d. Suspension of registration for failure to answer or pay penalties
   34  with  respect to certain violations. Upon the receipt of a notification,
   35  IN THE MANNER AND FORM PRESCRIBED BY  THE  COMMISSIONER,  from  a  court
   36  [or],  an  administrative  tribunal,  A  PUBLIC  AUTHORITY, OR ANY OTHER
   37  PUBLIC ENTITY IMPOSING VIOLATIONS, that an  owner  of  a  motor  vehicle
   38  failed  to  appear  on  the  return  date  or  dates or a new subsequent
   39  adjourned date or dates or failed to pay any penalty imposed by a  court
   40  or  failed to comply with the rules and regulations of an administrative
   41  tribunal following entry of a final decision or decisions,  in  response
   42  to  [five]  THREE  or more notices of liability or other process, issued
   43  within an eighteen month period FROM ANY AND ALL JURISDICTIONS  charging
   44  such owner with a violation of toll collection regulations in accordance
   45  with  the provisions of section two thousand nine hundred eighty-five of
   46  the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
   47  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
   48  hundred fifty, OR OTHER COMPARABLE LAW, the commissioner or his  OR  HER
   49  agent shall suspend the registration of the vehicle or vehicles involved
   50  in  the  violation  or  the  privilege of operation of any motor vehicle
   51  owned by the registrant. Such suspension shall take effect no less  than
   52  thirty days from the date on which notice thereof is sent by the commis-
   53  sioner  to  the  person whose registration or privilege is suspended and
   54  shall remain in effect until such registrant has appeared in response to
   55  such notices of liability or has paid such penalty or in the case of  an
       S. 6357                            22                            A. 8557
    1  administrative  tribunal, the registrant has complied with the rules and
    2  regulations following the entry of a final decision or decisions.
    3    S  14. Subdivision 8 of section 402 of the vehicle and traffic law, as
    4  amended by chapter 61 of the laws of 1989 and as renumbered  by  chapter
    5  648  of the laws of 2006, is amended and a new subdivision 9 is added to
    6  read as follows:
    7    8. [The] EXCEPT AS PROVIDED IN SUBDIVISION NINE OF THIS  SECTION,  THE
    8  violation of this section shall be punishable by a fine of not less than
    9  twenty-five nor more than two hundred dollars.
   10    9.  THE  VIOLATION  OF  THIS  SECTION ON A TOLL HIGHWAY, BRIDGE AND/OR
   11  TUNNEL FACILITY SHALL BE PUNISHABLE BY A  FINE  OF  NOT  LESS  THAN  ONE
   12  HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS.
   13    S  15.  Subparagraph  (i) of paragraph a of subdivision 5-a of section
   14  401 of the vehicle and traffic law, as amended by section 9  of  chapter
   15  189 of the laws of 2013, is amended to read as follows:
   16    (i) If at the time of application for a registration or renewal there-
   17  of  there  is  a  certification from a court, parking violations bureau,
   18  traffic and parking violations  agency  or  administrative  tribunal  of
   19  appropriate  jurisdiction  [or  administrative  tribunal  of appropriate
   20  jurisdiction] that the registrant or his or her representative failed to
   21  appear on the return date or any subsequent adjourned date or failed  to
   22  comply  with  the  rules  and  regulations of an administrative tribunal
   23  following entry of a final decision in response to a total of  three  or
   24  more summonses or other process in the aggregate, issued within an eigh-
   25  teen  month  period,  charging  either  that: (i) such motor vehicle was
   26  parked, stopped or standing, or that such motor vehicle was operated for
   27  hire by the registrant or his or her agent without being licensed  as  a
   28  motor  vehicle for hire by the appropriate local authority, in violation
   29  of any of the provisions of this chapter or of any law, ordinance,  rule
   30  or  regulation  made  by  a  local authority; or (ii) the registrant was
   31  liable in accordance with section eleven hundred eleven-a of this  chap-
   32  ter  or  section eleven hundred eleven-b of this chapter for a violation
   33  of subdivision (d) of section eleven hundred eleven of this chapter;  or
   34  (iii)  the  registrant  was  liable  in  accordance  with section eleven
   35  hundred eleven-c  of  this  chapter  for  a  violation  of  a  bus  lane
   36  restriction  as  defined  in  such  section,  or (iv) the registrant was
   37  liable in accordance with section eleven hundred eighty-b of this  chap-
   38  ter  for a violation of subdivision (c) or (d) of section eleven hundred
   39  eighty of this chapter; OR (V) THE REGISTRANT WAS LIABLE  IN  ACCORDANCE
   40  WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHOR-
   41  ITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN
   42  HUNDRED  SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commis-
   43  sioner or his or her agent shall deny the registration or renewal appli-
   44  cation until the applicant provides proof from the  court,  traffic  and
   45  parking violations agency or administrative tribunal wherein the charges
   46  are pending that an appearance or answer has been made or in the case of
   47  an  administrative  tribunal  that he or she has complied with the rules
   48  and regulations of said tribunal following entry of  a  final  decision.
   49  Where an application is denied pursuant to this section, the commission-
   50  er  may, in his or her discretion, deny a registration or renewal appli-
   51  cation to any other person for the same vehicle and may deny a registra-
   52  tion or renewal application for any other motor  vehicle  registered  in
   53  the  name  of  the  applicant where the commissioner has determined that
   54  such registrant's intent has been to evade the purposes of this subdivi-
   55  sion and where the commissioner has reasonable grounds to  believe  that
   56  such  registration  or  renewal  will  have  the effect of defeating the
       S. 6357                            23                            A. 8557
    1  purposes of this subdivision. Such denial shall only remain in effect as
    2  long as the summonses remain unanswered, or in the case of  an  adminis-
    3  trative  tribunal,  the  registrant  fails  to comply with the rules and
    4  regulations following entry of a final decision.
    5    S  15-a.  Paragraph a of subdivision 5-a of section 401 of the vehicle
    6  and traffic law, as amended by section 9-a of chapter 189 of the laws of
    7  2013, is amended to read as follows:
    8    a. If at the time of application for a registration or renewal thereof
    9  there is a certification from a  court  or  administrative  tribunal  of
   10  appropriate  jurisdiction  that  the  registrant or his or her represen-
   11  tative failed to appear on the return date or any  subsequent  adjourned
   12  date  or  failed to comply with the rules and regulations of an adminis-
   13  trative tribunal following entry of a final decision in  response  to  a
   14  total  of  three  or  more  summonses or other process in the aggregate,
   15  issued within an eighteen month period, charging either that:  (i)  such
   16  motor  vehicle was parked, stopped or standing, or that such motor vehi-
   17  cle was operated for hire by the registrant or his or her agent  without
   18  being  licensed  as  a  motor  vehicle for hire by the appropriate local
   19  authority, in violation of any of the provisions of this chapter  or  of
   20  any  law,  ordinance,  rule  or regulation made by a local authority; or
   21  (ii) the registrant was liable in accordance with section eleven hundred
   22  eleven-b of this chapter for a violation of subdivision (d)  of  section
   23  eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
   24  liable in accordance with section eleven hundred eleven-c of this  chap-
   25  ter  for  a  violation  of  a  bus  lane  restriction as defined in such
   26  section; or (iv) the registrant was liable in  accordance  with  section
   27  eleven  hundred  eighty-b of this chapter for a violation of subdivision
   28  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
   29  ter; OR (V) THE REGISTRANT WAS LIABLE IN  ACCORDANCE  WITH  SECTION  TWO
   30  THOUSAND  NINE  HUNDRED  EIGHTY-FIVE  OF  THE  PUBLIC AUTHORITIES LAW OR
   31  SECTIONS SIXTEEN-A, SIXTEEN-B OR  SIXTEEN-C  OF  CHAPTER  SEVEN  HUNDRED
   32  SEVENTY-FOUR  OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or
   33  his or her agent shall deny  the  registration  or  renewal  application
   34  until  the  applicant  provides  proof  from the court or administrative
   35  tribunal wherein the charges are pending that an  appearance  or  answer
   36  has  been  made  or in the case of an administrative tribunal that he or
   37  she has complied with the rules and regulations of said tribunal follow-
   38  ing entry of a final decision. Where an application is  denied  pursuant
   39  to  this section, the commissioner may, in his or her discretion, deny a
   40  registration or renewal application to any other  person  for  the  same
   41  vehicle and may deny a registration or renewal application for any other
   42  motor  vehicle registered in the name of the applicant where the commis-
   43  sioner has determined that such registrant's intent has  been  to  evade
   44  the  purposes of this subdivision and where the commissioner has reason-
   45  able grounds to believe that such registration or renewal will have  the
   46  effect  of defeating the purposes of this subdivision. Such denial shall
   47  only remain in effect as long as the summonses remain unanswered, or  in
   48  the  case  of an administrative tribunal, the registrant fails to comply
   49  with the rules and regulations following entry of a final decision.
   50    S 15-b. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
   51  and traffic law, as amended by section 9-b of chapter 189 of the laws of
   52  2013, is amended to read as follows:
   53    a. If at the time of application for a registration or renewal thereof
   54  there  is  a  certification  from  a court or administrative tribunal of
   55  appropriate jurisdiction that the registrant or  his  or  her  represen-
   56  tative  failed  to appear on the return date or any subsequent adjourned
       S. 6357                            24                            A. 8557
    1  date or failed to comply with the rules and regulations of  an  adminis-
    2  trative  tribunal  following  entry  of  a final decision in response to
    3  three or more summonses or other  process,  issued  within  an  eighteen
    4  month  period,  charging  that such motor vehicle was parked, stopped or
    5  standing, or that such motor vehicle was operated for hire by the regis-
    6  trant or his or her agent without being licensed as a motor vehicle  for
    7  hire  by  the  appropriate  local  authority, in violation of any of the
    8  provisions of this chapter or of any law, ordinance, rule or  regulation
    9  made  by  a  local authority, or the registrant was liable in accordance
   10  with section eleven hundred eleven-c of this chapter for a violation  of
   11  a bus lane restriction as defined in such section, or the registrant was
   12  liable  in accordance with section eleven hundred eighty-b of this chap-
   13  ter for a violation of subdivision (b), (c), (d), (f) or (g) of  section
   14  eleven  hundred  eighty of this chapter, OR THE REGISTRANT WAS LIABLE IN
   15  ACCORDANCE WITH SECTION TWO THOUSAND NINE  HUNDRED  EIGHTY-FIVE  OF  THE
   16  PUBLIC  AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF
   17  CHAPTER SEVEN HUNDRED SEVENTY-FOUR  OF  THE  LAWS  OF  NINETEEN  HUNDRED
   18  FIFTY,  the commissioner or his or her agent shall deny the registration
   19  or renewal application until the applicant provides proof from the court
   20  or administrative tribunal wherein  the  charges  are  pending  that  an
   21  appearance  or  answer has been made or in the case of an administrative
   22  tribunal that he or she has complied with the rules and  regulations  of
   23  said  tribunal following entry of a final decision. Where an application
   24  is denied pursuant to this section, the commissioner may, in his or  her
   25  discretion,  deny  a  registration  or  renewal application to any other
   26  person for the same vehicle and  may  deny  a  registration  or  renewal
   27  application  for  any  other motor vehicle registered in the name of the
   28  applicant where the commissioner has determined that  such  registrant's
   29  intent  has been to evade the purposes of this subdivision and where the
   30  commissioner has reasonable grounds to believe that such registration or
   31  renewal will have the effect of defeating the purposes of this  subdivi-
   32  sion.  Such  denial shall only remain in effect as long as the summonses
   33  remain unanswered, or in the case of  an  administrative  tribunal,  the
   34  registrant  fails  to  comply  with  the rules and regulations following
   35  entry of a final decision.
   36    S 15-c. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
   37  and traffic law, as amended by section 9-c of chapter 189 of the laws of
   38  2013, is amended to read as follows:
   39    a. If at the time of application for a registration or renewal thereof
   40  there  is  a  certification  from  a court or administrative tribunal of
   41  appropriate jurisdiction  that  the  registrant  or  his  representative
   42  failed  to appear on the return date or any subsequent adjourned date or
   43  failed to comply with the rules and  regulations  of  an  administrative
   44  tribunal  following  entry  of  a final decision in response to three or
   45  more summonses or other process, issued within an eighteen month period,
   46  charging that such motor vehicle was parked,  stopped  or  standing,  or
   47  that  such  motor vehicle was operated for hire by the registrant or his
   48  agent without being licensed as a motor vehicle for hire by  the  appro-
   49  priate  local  authority,  in violation of any of the provisions of this
   50  chapter or of any law, ordinance, rule or regulation  made  by  a  local
   51  authority, or the registrant was liable in accordance with section elev-
   52  en  hundred  eighty-b of this chapter for violations of subdivision (b),
   53  (c), (d), (f) or (g) of section eleven hundred eighty of  this  chapter,
   54  OR  THE  REGISTRANT  WAS  LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND
   55  NINE HUNDRED EIGHTY-FIVE OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS
   56  SIXTEEN-A,  SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR
       S. 6357                            25                            A. 8557
    1  OF THE LAWS OF NINETEEN HUNDRED FIFTY, the  commissioner  or  his  agent
    2  shall  deny  the registration or renewal application until the applicant
    3  provides proof from the court or  administrative  tribunal  wherein  the
    4  charges are pending that an appearance or answer has been made or in the
    5  case  of  an administrative tribunal that he has complied with the rules
    6  and regulations of said tribunal following entry of  a  final  decision.
    7  Where an application is denied pursuant to this section, the commission-
    8  er may, in his discretion, deny a registration or renewal application to
    9  any  other  person  for  the same vehicle and may deny a registration or
   10  renewal application for any other motor vehicle registered in  the  name
   11  of  the applicant where the commissioner has determined that such regis-
   12  trant's intent has been to evade the purposes of  this  subdivision  and
   13  where  the  commissioner  has  reasonable  grounds  to believe that such
   14  registration or renewal will have the effect of defeating  the  purposes
   15  of  this subdivision. Such denial shall only remain in effect as long as
   16  the summonses remain unanswered, or in the  case  of  an  administrative
   17  tribunal,  the registrant fails to comply with the rules and regulations
   18  following entry of a final decision.
   19    S 15-d. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
   20  and  traffic  law,  as separately amended by chapters 339 and 592 of the
   21  laws of 1987, is amended to read as follows:
   22    a. If at the time of application for a registration or renewal thereof
   23  there is a certification from a  court  or  administrative  tribunal  of
   24  appropriate  jurisdiction  that  the  registrant  or  his representative
   25  failed to appear on the return date or any subsequent adjourned date  or
   26  failed  to  comply  with  the rules and regulations of an administrative
   27  tribunal following entry of a final decision in  response  to  three  or
   28  more summonses or other process, issued within an eighteen month period,
   29  charging  that  such  motor  vehicle was parked, stopped or standing, or
   30  that such motor vehicle was operated for hire by the registrant  or  his
   31  agent  without  being licensed as a motor vehicle for hire by the appro-
   32  priate local authority, in violation of any of the  provisions  of  this
   33  chapter  or  of  any  law, ordinance, rule or regulation made by a local
   34  authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH  SECTION  TWO
   35  THOUSAND  NINE  HUNDRED  EIGHTY-FIVE  OF  THE  PUBLIC AUTHORITIES LAW OR
   36  SECTIONS SIXTEEN-A, SIXTEEN-B OR  SIXTEEN-C  OF  CHAPTER  SEVEN  HUNDRED
   37  SEVENTY-FOUR  OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or
   38  his agent shall deny the registration or renewal application  until  the
   39  applicant provides proof from the court or administrative tribunal wher-
   40  ein  the  charges are pending that an appearance or answer has been made
   41  or in the case of an administrative tribunal that he has  complied  with
   42  the  rules  and  regulations of said tribunal following entry of a final
   43  decision. Where an application is denied pursuant to this  section,  the
   44  commissioner  may,  in  his  discretion,  deny a registration or renewal
   45  application to any other person for the same  vehicle  and  may  deny  a
   46  registration  or  renewal application for any other motor vehicle regis-
   47  tered in the name of the applicant where the commissioner has determined
   48  that such registrant's intent has been to evade  the  purposes  of  this
   49  subdivision and where the commissioner has reasonable grounds to believe
   50  that  such registration or renewal will have the effect of defeating the
   51  purposes of this subdivision. Such denial shall only remain in effect as
   52  long as the summonses remain unanswered, or in the case of  an  adminis-
   53  trative  tribunal,  the  registrant  fails  to comply with the rules and
   54  regulations following entry of a final decision.
   55    S 16. The vehicle and traffic law is amended by adding a  new  section
   56  518 to read as follows:
       S. 6357                            26                            A. 8557
    1    S 518. RECIPROCAL AGREEMENTS CONCERNING SUSPENSION OR DENIAL OF REGIS-
    2  TRATION  OF  A  MOTOR  VEHICLE  FOR  VIOLATIONS OF TOLL COLLECTION REGU-
    3  LATIONS. 1. THE COMMISSIONER MAY EXECUTE A RECIPROCAL COMPACT OR  AGREE-
    4  MENT  REGARDING  TOLL  COLLECTION  VIOLATIONS  WITH  THE  MOTOR  VEHICLE
    5  ADMINISTRATOR  OR  OTHER AUTHORIZED OFFICIAL OF ANOTHER STATE NOT INCON-
    6  SISTENT WITH THE PROVISIONS OF THIS CHAPTER. SUCH COMPACT  OR  AGREEMENT
    7  SHALL  PROVIDE  THAT  IF  A  REGISTRATION  OF  A  MOTOR VEHICLE WOULD BE
    8  SUSPENDED PURSUANT TO SUBDIVISION FIVE-A OF SECTION FOUR HUNDRED ONE  OF
    9  THIS  CHAPTER,  OR PURSUANT TO A COMPARABLE LAW OR REGULATION OF ANOTHER
   10  STATE, OR IF THE REGISTRATION OR RENEWAL OF A  MOTOR  VEHICLE  WOULD  BE
   11  DENIED PURSUANT TO SUBDIVISION FOUR-D OF SECTION 510 OF THIS ARTICLE, OR
   12  PURSUANT  TO A COMPARABLE LAW OR REGULATION OF ANOTHER STATE, BECAUSE AN
   13  OWNER OF A MOTOR VEHICLE (A) FAILED TO APPEAR, (B)  FAILED  TO  PAY  ANY
   14  PENALTY  IMPOSED  BY A COURT, OR (C) FAILED TO COMPLY WITH THE RULES AND
   15  REGULATIONS OF AN ADMINISTRATIVE TRIBUNAL FOLLOWING  ENTRY  OF  A  FINAL
   16  DECISION  IN  RESPONSE  TO  THREE  OR MORE NOTICES OF LIABILITY OF OTHER
   17  PROCESS ISSUED WITHIN AN EIGHTEEN-MONTH PERIOD IN  ACCORDANCE  WITH  THE
   18  PROVISIONS  OF  SECTION  TWO  THOUSAND  NINE  HUNDRED EIGHTY-FIVE OF THE
   19  PUBLIC AUTHORITIES LAW OR SECTIONS ONE THROUGH  SIXTEEN  AND  SIXTEEN-A,
   20  SIXTEEN-B  AND  SIXTEEN-C  OF  CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE
   21  LAWS OF NINETEEN HUNDRED FIFTY, OR WITH ANY COMPARABLE LAW OR REGULATION
   22  OF ANOTHER STATE, THEN THE STATE ISSUING THE REGISTRATION SHALL LIKEWISE
   23  SUSPEND THE REGISTRATION OR DENY THE REGISTRATION OR RENEWAL, UNTIL SUCH
   24  REGISTRANT OR APPLICANT HAS APPEARED IN  RESPONSE  TO  SUCH  NOTICES  OF
   25  LIABILITY,  OR  HAS PAID SUCH PENALTY, OR, IN THE CASE OF AN ADMINISTRA-
   26  TIVE TRIBUNAL, THE REGISTRANT OR APPLICANT HAS COMPLIED WITH  THE  RULES
   27  AND REGULATIONS FOLLOWING THE ENTRY OF A FINAL DECISION OR DECISIONS.
   28    2.  SUCH COMPACT OR AGREEMENT SHALL ALSO PROVIDE SUCH TERMS AND PROCE-
   29  DURES AS ARE NECESSARY AND PROPER TO FACILITATE ITS ADMINISTRATION.  ANY
   30  SUCH COMPACT OR AGREEMENT SHALL SPECIFY THE VIOLATIONS  SUBJECT  TO  THE
   31  COMPACT  OR  AGREEMENT,  AND SHALL INCLUDE A DETERMINATION OF COMPARABLE
   32  VIOLATIONS IN EACH STATE IF ANY SUCH VIOLATIONS ARE OF  A  SUBSTANTIALLY
   33  SIMILAR  NATURE  BUT  ARE  NOT DENOMINATED OR DESCRIBED IN PRECISELY THE
   34  SAME WORDS IN EACH PARTY STATE.
   35    3. THE WORD "STATE" WHEN USED IN THIS SECTION SHALL  MEAN  ANY  STATE,
   36  TERRITORY,  A  POSSESSION  OF THE UNITED STATES, DISTRICT OF COLUMBIA OR
   37  ANY PROVINCE OF CANADA.
   38    S 17. Paragraph b of subdivision 2 of section 240 of the  vehicle  and
   39  traffic  law, as added by chapter 715 of the laws of 1972, is amended to
   40  read as follows:
   41    b. No charge may be  established  except  upon  proof  by  substantial
   42  evidence;  EXCEPT THAT FOR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
   43  SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC  AUTHORITIES
   44  LAW  OR  SECTIONS  SIXTEEN-A,  SIXTEEN-B  AND SIXTEEN-C OF CHAPTER SEVEN
   45  HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED  FIFTY,  NO  CHARGE
   46  MAY  BE  ESTABLISHED  EXCEPT  UPON PROOF BY PREPONDERANCE OF EVIDENCE AS
   47  SUBMITTED.
   48    S 18. Subdivision 3 of section 165.15 of the penal law is  amended  to
   49  read as follows:
   50    3. With intent to obtain railroad, subway, bus, air, taxi or any other
   51  public  transportation  service  OR  TO  USE ANY HIGHWAY, PARKWAY, ROAD,
   52  BRIDGE OR TUNNEL without payment of the lawful charge OR TOLL  therefor,
   53  or to avoid payment of the lawful charge OR TOLL for such transportation
   54  service  which  has  been  rendered to him OR HER OR FOR SUCH USE OF ANY
   55  HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL, he OR SHE obtains or  attempts
   56  to  obtain  such  service  OR USE or avoids or attempts to avoid payment
       S. 6357                            27                            A. 8557
    1  therefor  by  force,  intimidation,  stealth,  deception  or  mechanical
    2  tampering, or by unjustifiable failure or refusal to pay; or
    3    S  19. Subdivision 10 of section 1209-a of the public authorities law,
    4  as amended by chapter 379 of the laws of 1992, is  amended  to  read  as
    5  follows:
    6    10.  Funds. [All] EXCEPT FOR PENALTIES, EVADED TOLLS AND OTHER CHARGES
    7  COLLECTED AND PAID TO THE TRIBOROUGH  BRIDGE  AND  TUNNEL  AUTHORITY  IN
    8  ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION TWO THOUSAND NINE HUNDRED
    9  EIGHTY-FIVE OF THIS CHAPTER, ALL penalties  collected  pursuant  to  the
   10  provisions  of this section shall be paid to the authority to the credit
   11  of a transit crime fund which the authority shall establish. Any sums in
   12  this fund shall be used to pay for programs selected by the board of the
   13  authority, in its discretion, to reduce  the  incidence  of  crimes  and
   14  infractions on transit facilities, or to improve the enforcement of laws
   15  against  such crimes and infractions. Such funds shall be in addition to
   16  and not in substitution for any funds provided by the state or the  city
   17  of New York for such purposes.
   18    S  20.  Section  1209-a  of  the  public authorities law is amended by
   19  adding a new subdivision 11 to read as follows:
   20    11. NOTICE. ANY NOTICE OR COMMUNICATION REQUIRED TO BE  SENT  PURSUANT
   21  TO THIS SECTION BY REGISTERED MAIL OR CERTIFIED MAIL MAY INSTEAD BE SENT
   22  BY  FIRST  CLASS  MAIL OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNI-
   23  CATION.
   24    S 21. Section 2 of chapter 774 of the laws of 1950, relating to agree-
   25  ing with the state of New Jersey with respect to rules  and  regulations
   26  governing  traffic  on  vehicular  crossings operated by the port of New
   27  York authority, is amended to read as follows:
   28    S 2. No traffic shall be permitted  in  or  upon  vehicular  crossings
   29  except upon the payment of such tolls and other charges as may from time
   30  to time be prescribed by the port authority. It is hereby declared to be
   31  unlawful  for  any person to refuse to pay, or to evade or to attempt to
   32  evade the payment of such tolls or other charges.  THE OBLIGATION TO PAY
   33  SUCH TOLLS AND OTHER CHARGES IS INCURRED AT THE TIME OF  ENTRY  INTO  OR
   34  USE OF THE PARTICULAR VEHICULAR CROSSING.
   35    S  22.  Section  16-a  of chapter 774 of the laws of 1950, relating to
   36  agreeing with the state of New Jersey with respect to  rules  and  regu-
   37  lations governing traffic on vehicular crossings operated by the port of
   38  New  York  authority,  as  added  by chapter 379 of the laws of 1992, is
   39  amended to read as follows:
   40    S 16-a. Owner liability for failure of operator to  comply  with  toll
   41  collection  regulations of the port authority. Notwithstanding any other
   42  provision of law and in accordance  with  the  provisions  of  [section]
   43  SECTIONS  16-b  AND  16-C of this act, an owner of a vehicle may be held
   44  liable for failure of an  operator  thereof  to  comply  with  the  toll
   45  collection  regulations of the port authority of New York and New Jersey
   46  (hereinafter called port authority). The owner of  a  vehicle  shall  be
   47  liable  pursuant  to  this  section if such vehicle was used or operated
   48  with the permission of the owner, express or implied,  in  violation  of
   49  the  toll  collection  regulations  of  the  port  authority,  and  such
   50  violation is evidenced by information obtained from  a  photo-monitoring
   51  system,  provided,  however,  that no owner of a vehicle shall be liable
   52  where the operator of such vehicle has been convicted of a violation  of
   53  those toll collection regulations for the same incident.
   54    S  23.  Section  16-b  of chapter 774 of the laws of 1950, relating to
   55  agreeing with the state of New Jersey with respect to  rules  and  regu-
   56  lations governing traffic on vehicular crossings operated by the port of
       S. 6357                            28                            A. 8557
    1  New  York authority, as added by chapter 379 of the laws of 1992, subdi-
    2  vision f as amended by chapter 666 of the laws of 1993,  is  amended  to
    3  read as follows:
    4    S 16-b. Imposition of liability for failure of operator to comply with
    5  toll  collection  regulations  of  the port authority. The liability set
    6  forth in section 16-a of this act, shall be imposed upon an owner for  a
    7  violation  by an operator of the toll collection regulations of the port
    8  authority occurring within the territorial limits of the  state  of  New
    9  York in accordance with the following:
   10    a. For the purposes of this section AND SECTIONS 16-A AND 16-C OF THIS
   11  ACT,  the  term "owner" shall mean any person, corporation, partnership,
   12  firm, agency, association, lessor, or organization who, at the  time  of
   13  the  violation [in any city in which a vehicle is operated] OR THE OBLI-
   14  GATION FOR PAYMENT OF THE TOLL CHARGES IS INCURRED:  (i) is the  benefi-
   15  cial or equitable owner of such vehicle; or (ii) has title to such vehi-
   16  cle;  or  (iii) is the registrant or co-registrant of such vehicle which
   17  is registered with the department of motor vehicles of this state or any
   18  other state, territory, district, province, nation  or  other  jurisdic-
   19  tion;  or  (iv) subject to the limitations set forth in subdivision f of
   20  this section, uses such vehicle in its vehicle  renting  and/or  leasing
   21  business;  and  includes (v) a person entitled to the use and possession
   22  of a vehicle subject to a security interest in another person.  For  the
   23  purposes  of  this  section,  the term "operator" shall mean any person,
   24  corporation, firm, partnership,  agency,  association,  organization  or
   25  lessee that uses or operates a vehicle with or without the permission of
   26  the  owner,  and  an  owner  who  operates his or her own vehicle.   FOR
   27  PURPOSES OF THIS SECTION AND SECTION 16-A OF THIS ACT, THE  TERM  "ELEC-
   28  TRONIC  TOLL COLLECTION SYSTEM" SHALL MEAN A SYSTEM FOR COLLECTING TOLLS
   29  OR OTHER CHARGES USING ELECTRONIC DATA AND IMAGES. For purposes of  this
   30  section,  the term "photo-monitoring system" shall mean a vehicle sensor
   31  installed to work in conjunction with a toll collection  facility  which
   32  automatically  produces one or more photographs, one or more microphoto-
   33  graphs, a videotape, or other recorded images of  each  vehicle  at  the
   34  time  it  is used or operated in [violation of the toll collection regu-
   35  lations of the port authority] OR UPON VEHICULAR CROSSINGS  OPERATED  BY
   36  THE  PORT  AUTHORITY. For purposes of this section AND SECTIONS 16-A AND
   37  16-C OF THIS ACT, the term "toll  collection  regulations  of  the  port
   38  authority" shall refer to the traffic regulations for interstate vehicu-
   39  lar  crossings operated by the port authority as set forth in this chap-
   40  ter and in chapter 192 of the laws of New Jersey of  1950,  and  specif-
   41  ically  that  section  of  the  laws  which prohibits traffic in or upon
   42  vehicular crossings operated by  the  port  authority  except  upon  the
   43  payment  of  such  tolls  and  other charges as may from time to time be
   44  prescribed by the port authority and which further makes it unlawful for
   45  any person to refuse to pay, or to evade or  to  attempt  to  evade  the
   46  payment  of  such  tolls or other charges.  For purposes of this section
   47  AND SECTION 16-A OF THIS ACT, the term "vehicle" shall mean every device
   48  in, upon, or by which a person or property is or may be  transported  or
   49  drawn  upon  a highway[, except devices used exclusively upon stationary
   50  rails or tracks].
   51    b. A certificate, sworn to or affirmed by an agent of the port author-
   52  ity, or a facsimile thereof,  based  upon  inspection  of  [photographs,
   53  microphotographs,  videotape  or  other  recorded images] DATA OR IMAGES
   54  produced by [a photo-monitoring system] ITS ELECTRONIC  TOLL  COLLECTION
   55  SYSTEM OR OTHER RECORDS MAINTAINED BY OR ON BEHALF OF THE PORT AUTHORITY
   56  REGARDING  TOLL  VIOLATIONS  shall  be prima facie evidence of the facts
       S. 6357                            29                            A. 8557
    1  contained therein and shall be admissible in any proceeding  charging  a
    2  violation of toll collection regulations of the port authority, provided
    3  that  any  [photographs,  microphotographs,  videotape or other recorded
    4  images]  SUCH DATA, IMAGES, OR RECORDS evidencing such a violation shall
    5  be available for inspection and admission into evidence in any  proceed-
    6  ing to adjudicate the liability for such violation.
    7    c.  An imposition of liability pursuant to this section shall be based
    8  upon a preponderance of evidence as submitted. An imposition of  liabil-
    9  ity  pursuant  to  this  section  shall not be deemed a conviction of an
   10  operator and shall not be made  part  of  the  motor  vehicle  operating
   11  record,  furnished  pursuant  to  section 354 of the vehicle and traffic
   12  law, of the person upon whom such liability is imposed nor shall  it  be
   13  used  for insurance purposes in the provision of motor vehicle insurance
   14  coverage.
   15    d. (i) A notice of liability shall be sent by  first  class  mail  OR,
   16  WITH  CONSENT,  BY  ELECTRONIC  MEANS  OF  COMMUNICATION  to each person
   17  alleged to be liable [as an owner] for  a  violation  pursuant  to  this
   18  section  of  the toll collection regulations of the port authority. Such
   19  notice shall be [mailed] SENT no later than [thirty] ONE HUNDRED  TWENTY
   20  days after the alleged violation. Personal delivery [on the owner] shall
   21  not  be  required. A manual or automatic record of [mailing] SENDING THE
   22  NOTICE prepared in the ordinary course of business shall be prima  facie
   23  evidence of the [mailing] SENDING of the notice.
   24    (ii)  A  notice of liability shall contain the name and address of the
   25  person alleged to be liable [as an owner] for a violation  of  the  toll
   26  collection  regulations  of the port authority pursuant to this section,
   27  the registration  number  AND  STATE  OF  REGISTRATION  of  the  vehicle
   28  involved  in  such  violation,  the  [location where such violation took
   29  place, the date and time] LOCATIONS, DATES AND TIMES OF EACH USE OF  THE
   30  VEHICULAR CROSSING THAT FORMS THE BASIS of such violation, THE AMOUNT OF
   31  THE  ASSESSED  TOLLS AND OTHER CHARGES, and the identification number of
   32  the [photo-monitoring system] ELECTRONIC TOLL  COLLECTION  SYSTEM  which
   33  recorded the [violation] USE or other document locator number.
   34    (iii)  The  notice of liability shall contain information advising the
   35  person charged of the manner and the time in which he  may  contest  the
   36  liability  alleged  in  the  notice. Such notice of liability shall also
   37  contain a warning to advise the persons charged that failure to  contest
   38  in  the manner and time provided shall be deemed an admission of liabil-
   39  ity and that a default judgment may be entered thereon.
   40    (iv) The notice of liability shall be prepared and  [mailed]  SENT  by
   41  the port authority or its duly authorized agent.
   42    e. If an owner receives a notice of liability pursuant to this section
   43  for  any time period during which the vehicle was reported to the police
   44  department as having been stolen, it shall be  a  valid  defense  to  an
   45  allegation  of  liability  for  a violation of the toll collection regu-
   46  lations of the port authority that the vehicle had been reported to  the
   47  police  as  stolen  prior to the time the violation occurred and had not
   48  been recovered by such time. If an owner receives a notice of  liability
   49  pursuant  to  this  section for any time period during which the vehicle
   50  was stolen, but not as yet reported to the police as having been stolen,
   51  it shall be a  valid  defense  to  an  allegation  of  liability  for  a
   52  violation  of toll collection regulations of the port authority pursuant
   53  to this section that the vehicle was reported as stolen within two hours
   54  after discovery of the theft by the owner. For purposes of asserting the
   55  defense provided by this subdivision, it  shall  be  sufficient  that  a
       S. 6357                            30                            A. 8557
    1  certified  copy  of  the  police report on the stolen vehicle be sent by
    2  first class mail to the court or other entity having jurisdiction.
    3    f.  An  owner,  as  defined in subdivision a of this section, who is a
    4  lessor of a vehicle to which a notice of liability was  issued  pursuant
    5  to  subdivision  d  of this section shall not be liable pursuant to this
    6  section for the violation of the toll collection regulations of the port
    7  authority provided that he or she sends to the port  authority  [serving
    8  the  notice  of liability and to the court or other entity having juris-
    9  diction] OR ITS DULY AUTHORIZED AGENT FOR THIS PURPOSE  a  copy  of  the
   10  rental,  lease  or other such contract document covering such vehicle on
   11  the date of the [violation] USE OF THE VEHICULAR CROSSING, with the name
   12  and address of the lessee clearly  legible,  within  thirty  days  after
   13  receiving  from  the  port  authority  or its duly authorized agent [the
   14  original] FOR THIS PURPOSE notice of [liability] THE USE OF THE  VEHICU-
   15  LAR  CROSSING  BY  SUCH VEHICLE. Failure to send such information within
   16  such thirty day time period shall  render  the  lessor  liable  for  the
   17  penalty  prescribed  by this section. Where the lessor complies with the
   18  provisions of this subdivision, the lessee of such vehicle on  the  date
   19  of  such [violation] USE OF THE VEHICULAR CROSSING shall be deemed to be
   20  the owner of such vehicle for purposes of  this  section  and  shall  be
   21  subject to liability for the violation of toll collection regulations of
   22  the port authority [provided that the port authority or its duly author-
   23  ized  agent  mails  a  notice of liability to the lessee within ten days
   24  after the court, or other entity having jurisdiction, deems  the  lessee
   25  to  be  the  owner].  For purposes of this subdivision the term "lessor"
   26  shall mean any person, corporation, firm, partnership,  agency,  associ-
   27  ation  or  organization  engaged  in  the business of renting or leasing
   28  vehicles to any lessee under a  rental  agreement,  lease  or  otherwise
   29  wherein  the  said  lessee has the exclusive use of said vehicle for any
   30  period of time. For the purposes of this subdivision, the term  "lessee"
   31  shall  mean  any person, corporation, firm, partnership, agency, associ-
   32  ation or organization that rents, leases or contracts for the use of one
   33  or more vehicles and has exclusive use thereof for any period of time.
   34    g. Except as provided in subdivision f of this section,  if  a  person
   35  receives  a  notice  of liability pursuant to this section it shall be a
   36  valid defense to an allegation of liability  for  a  violation  of  toll
   37  collection  regulations  of  the  port authority that the individual who
   38  received the notice of liability pursuant to this section  was  not  the
   39  owner  of  the  vehicle at the time the [violation] USE OF THE VEHICULAR
   40  CROSSING occurred. If the owner liable  for  a  violation  of  the  toll
   41  collection  regulations  of  the port authority pursuant to this section
   42  was not the operator of the vehicle at the time of the  [violation]  USE
   43  OF THE VEHICULAR CROSSING, the owner may maintain an action for indemni-
   44  fication  against the operator. The operator of the vehicle may apply to
   45  the court or other entity having jurisdiction to adjudicate the  liabil-
   46  ity  imposed  under  this  section  to  accept  responsibility  for  the
   47  violation and satisfactorily discharge all  applicable  tolls,  charges,
   48  FEES, and penalties related to the violation.
   49    h.  ["Electronic  toll  collection  system"  shall  mean  a  system of
   50  collecting tolls or charges which is  capable  of  charging  an  account
   51  holder  the  appropriate  toll  or charge by transmission of information
   52  from an electronic device on a motor vehicle to  the  toll  lane,  which
   53  information  is  used  to  charge  the  account  the appropriate toll or
   54  charge.] In adopting procedures for the preparation and [mailing]  SEND-
   55  ING  of a notice of liability, the port authority or its duly authorized
   56  agent shall adopt guidelines [to ensure] FOR SENDING BY FIRST CLASS MAIL
       S. 6357                            31                            A. 8557
    1  OR, WITH CONSENT, BY ELECTRONIC MEANS  OF  COMMUNICATION,  adequate  and
    2  timely  notice  to all electronic toll collection system account holders
    3  to inform them when their accounts are delinquent. An owner  who  is  an
    4  account  holder under the electronic toll collection system shall not be
    5  found liable for a violation of this section unless such  authority  has
    6  first  sent  a  notice  of  delinquency  to  such account holder and the
    7  account holder was in fact delinquent at the time of the violation.
    8    i. Nothing in this section shall be construed to limit  the  liability
    9  of  an  operator  of OR THE ACCOUNT HOLDER ASSOCIATED WITH a vehicle for
   10  any violation of the toll collection regulations of the port  authority.
   11  Nothing  in  this section shall authorize or preclude the port authority
   12  from excluding from any of its facilities, in its sole  discretion,  any
   13  or  all  vehicles found liable under this section as well as other vehi-
   14  cles owned or operated by the owner or operator  of  OR  ACCOUNT  HOLDER
   15  ASSOCIATED WITH such vehicle.
   16    j. Notwithstanding any other provision of law, all photographs, micro-
   17  photographs,  videotape  or  other  recorded images prepared pursuant to
   18  this section shall be for the exclusive use of the port authority in the
   19  discharge of its duties under this section and shall not be open to  the
   20  public  nor  be  used  in  any court in any action or proceeding pending
   21  therein unless such action or proceeding relates to the imposition of or
   22  indemnification for liability pursuant to this section. The port author-
   23  ity or its duly authorized agent shall  not  sell,  distribute  or  make
   24  available  in  any  way,  the  names  and  addresses  of electronic toll
   25  collection system account holders,  or  any  information  compiled  from
   26  transactions  with  such  account holders, without such account holders'
   27  consent to any entity that will use such information for any  commercial
   28  purpose  provided  that the foregoing restriction shall not be deemed to
   29  preclude the exchange of such  information  between  any  entities  with
   30  jurisdiction  over  and or operating a toll highway bridge and/or tunnel
   31  facility.
   32    S 24. Section 16-c of chapter 774 of the laws  of  1950,  relating  to
   33  agreeing  with  the  state of New Jersey with respect to rules and regu-
   34  lations governing traffic on vehicular crossings operated by the port of
   35  New York authority, as added by chapter 379 of  the  laws  of  1992,  is
   36  amended to read as follows:
   37    S  16-c.  Adjudication  of  liability.  Adjudication  of the liability
   38  imposed upon an owner by section 16-a of this act for a violation of the
   39  toll collection regulations of the port authority occurring  within  the
   40  territorial  limits of the state of New York shall be in accordance with
   41  the vehicle and traffic law of New York as set forth  in  sections  235,
   42  236,  237, 239, 240, 241, 242, 401, 510 and 1809 of such law, or by such
   43  entity having jurisdiction over violations of the toll collection  regu-
   44  lations of the port authority occurring within the territorial limits of
   45  the  state  of New York, provided that all violations shall be heard and
   46  determined in the county in which [the  violation  is  alleged  to  have
   47  occurred,  or by consent of both parties,] OBLIGATION FOR PAYMENT OF THE
   48  TOLLS OR OTHER CHARGES WAS INCURRED, OR in any county in  the  state  of
   49  New  York  in which the port authority operates or maintains a facility.
   50  An owner found liable for a violation  of  toll  collection  regulations
   51  pursuant  to  this section shall for a first violation thereof be liable
   52  for THE FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND  FEES  IN
   53  ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED dollars
   54  or  two  times  the  toll  evaded  whichever  is  greater;  for a second
   55  violation thereof both within eighteen months be  liable  for  THE  FULL
   56  AMOUNT  OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
       S. 6357                            32                            A. 8557
    1  monetary penalty not to exceed [one] TWO hundred dollars or  five  times
    2  the  toll  evaded  whichever  is  greater;  for  a  third  or subsequent
    3  violation thereof all within eighteen months  be  liable  for  THE  FULL
    4  AMOUNT  OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
    5  monetary penalty not to exceed [one] THREE hundred  [fifty]  dollars  or
    6  ten  times the toll evaded whichever is greater.  THE FULL AMOUNT OF THE
    7  ASSESSED TOLLS AND OTHER CHARGES AND FEES AND ONE-HALF OF SUCH  MONETARY
    8  PENALTIES  COLLECTED  SHALL BE PAID TO THE PORT AUTHORITY; THE REMAINING
    9  HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL BE RETAINED OR  DISTRIB-
   10  UTED  BY THE TRIBUNAL OR ENTITY ADJUDICATING THE VIOLATION IN ACCORDANCE
   11  WITH EXISTING LAW.
   12    S 25. This act shall take effect on  the  one  hundred  twentieth  day
   13  after it shall have become a law, provided that:
   14    (a)  the  amendments to subparagraph (i) of paragraph a of subdivision
   15  5-a of section 401 of the  vehicle  and  traffic  law  made  by  section
   16  fifteen  of  this  act shall not affect the expiration of such paragraph
   17  and shall be deemed  to  expire  therewith,  when  upon  such  date  the
   18  provisions of section fifteen-a of this act shall take effect;
   19    (b) the amendments to paragraph a of subdivision 5-a of section 401 of
   20  the  vehicle and traffic law made by section fifteen-a of this act shall
   21  not affect the expiration of such  paragraph  and  shall  be  deemed  to
   22  expire  therewith,  when  upon  such  date  the  provisions  of  section
   23  fifteen-b of this act shall take effect;
   24    (c) the amendments to paragraph a of subdivision 5-a of section 401 of
   25  the vehicle and traffic law made by section fifteen-b of this act  shall
   26  not  affect  the  expiration  of  such  paragraph and shall be deemed to
   27  expire  therewith,  when  upon  such  date  the  provisions  of  section
   28  fifteen-c of this act shall take effect; and
   29    (d) the amendments to paragraph a of subdivision 5-a of section 401 of
   30  the  vehicle and traffic law made by section fifteen-c of this act shall
   31  not affect the expiration of such  paragraph  and  shall  be  deemed  to
   32  expire  therewith,  when  upon  such  date  the  provisions  of  section
   33  fifteen-d of this act shall take effect.
   34                                   PART H
   35    Section 1. Section 9 of chapter 67 of the laws of 1992,  amending  the
   36  environmental  conservation  law relating to pesticide product registra-
   37  tion timetables and fees, as amended by section 1 of part S  of  chapter
   38  60 of the laws of 2011, is amended to read as follows:
   39    S 9. This act shall take effect April 1, 1992 [provided, however, that
   40  section  three  of  this  act  shall  take effect July 1, 1993 and shall
   41  expire and be deemed repealed on July 1, 2014].
   42    S 2. Section 33-0705 of the environmental conservation law, as amended
   43  by section 2 of part S of chapter 60 of the laws of 2011, is amended  to
   44  read as follows:
   45  S 33-0705. Fee for registration.
   46    The applicant for registration shall pay a fee as follows:
   47    a.  [On  or  before  July  1,  2014, six] SIX hundred dollars for each
   48  pesticide proposed to be registered, provided  that  the  applicant  has
   49  submitted  to  the  department proof in the form of a federal income tax
   50  return for the previous year showing gross  annual  sales,  for  federal
   51  income  tax  purposes, of three million five hundred thousand dollars or
   52  less;
   53    b. [On or before July 1, 2014, for] FOR all others, six hundred twenty
   54  dollars for each pesticide proposed to be registered[;
       S. 6357                            33                            A. 8557
    1    c. After July 1, 2014, fifty dollars for each pesticide proposed to be
    2  registered].
    3    S 3. Paragraph a of subdivision 1 and subdivision 2 of section 33-1201
    4  of  the  environmental  conservation law, as added by chapter 279 of the
    5  laws of 1996, are amended to read as follows:
    6    a. The department shall [develop] MAINTAIN a pesticide sales [and  use
    7  computer]  data  base  [in conjunction with Cornell University. The data
    8  base shall be maintained at the department].
    9    2. The commissioner  shall  prepare  an  annual  [report  summarizing]
   10  SUMMARY  OF  pesticide  sales[, quantity of pesticides used, category of
   11  applicator and region of application. The commissioner shall not provide
   12  the name, address, or any other information which would otherwise  iden-
   13  tify  a  commercial  or  private  applicator, or any person who sells or
   14  offers for sale restricted use or general use pesticides  to  a  private
   15  applicator,  or  any  person  who  received the services of a commercial
   16  applicator. In accordance with article six of the public  officers  law,
   17  proprietary  information  contained  within such record, including price
   18  charged per product, shall not be disclosed] BY COUNTY.    The  [report]
   19  ANNUAL SUMMARY shall be [submitted to the governor, the temporary presi-
   20  dent  of  the  senate and the speaker of the assembly, and shall be made
   21  available to all interested parties. The first report shall be submitted
   22  on July first, nineteen  hundred  ninety-eight  and]  PUBLISHED  ON  THE
   23  DEPARTMENT'S  PUBLIC WEBSITE on OR BEFORE July first [annually thereaft-
   24  er].
   25    S 4. Subdivision 1 of section 33-1203 of the  environmental  conserva-
   26  tion  law,  as  added  by chapter 279 if the laws of 1996, is amended to
   27  read as follows:
   28    1. [a.] The commissioner shall, upon written request of an  interested
   29  party,  in  printed OR ELECTRONIC form [or on a diskette in computerized
   30  data base format], provide the information on  pesticides  submitted  to
   31  the  department  pursuant to sections 33-1205 and 33-1207 of this title.
   32  Such information shall be provided by county or counties[, or five-digit
   33  zip code or codes as selected by the interested party making the written
   34  request. The commissioner shall not provide the name,  address,  or  any
   35  other information which would otherwise identify a commercial or private
   36  applicator, or any person who sells or offers for sale restricted use or
   37  general  use  pesticides  to  a  private  applicator,  or any person who
   38  received the services of a commercial  applicator.  In  accordance  with
   39  article   six  of  the  public  officers  law,  proprietary  information
   40  contained within such record, including price charged per product, shall
   41  not be disclosed. The provisions of this paragraph shall  not  apply  to
   42  the  provision  of  pesticide  data  to  the commissioner of health, the
   43  health research science board and researchers pursuant to title one-B of
   44  article twenty-four of the public health law.
   45    b. The department shall, upon request from the department  of  health,
   46  compile  pesticide  application  information  by nine-digit zip code and
   47  provide the information to the commissioner of  health  for  researchers
   48  entitled to receive information pursuant to paragraph (d) of subdivision
   49  one  of  section  twenty-four  hundred  eleven  of the public health law
   50  provided, however, if the nine-digit zip code cannot be determined,  the
   51  information shall be compiled by town or city].
   52    S  5.  Section 33-1205 of the environmental conservation law, as added
   53  by chapter 279 of the laws of 1996 and the closing  paragraph  of  para-
   54  graph  a of subdivision 2 as amended by chapter 260 of the laws of 1997,
   55  is amended to read as follows:
   56  S 33-1205. Recordkeeping and reporting.
       S. 6357                            34                            A. 8557
    1    1. All commercial applicators shall maintain pesticide use records for
    2  each pesticide application containing the following:
    3    a. EPA registration number;
    4    b. product name;
    5    c. quantity of each pesticide used;
    6    d. date applied;
    7    e. location of application by address (including five-digit zip code).
    8    Such  records  shall be maintained for a period of not less than three
    9  years. [All commercial applicators shall  file,  at  least  annually,  a
   10  report  or  reports  containing  such information with the department on
   11  computer diskette or in printed form on or before February first for the
   12  prior calendar year.] All commercial  applicators  shall  also  maintain
   13  corresponding records of the dosage rates, methods AND PLACE of applica-
   14  tion  and target organisms for each pesticide application. These records
   15  shall be CREATED IMMEDIATELY AFTER APPLICATION, maintained on an  annual
   16  basis  and retained for a period of not less than [three] FIVE years and
   17  shall be available for inspection upon request by the department.
   18    2. a. Every person who sells or offers for sale restricted use  pesti-
   19  cides  to private applicators shall issue a record to the private appli-
   20  cator of each sale of a restricted use pesticide or a general use pesti-
   21  cide used in agricultural  crop  production  to  such  applicator.  Such
   22  record of each sale shall include the following:
   23    1. EPA registration number;
   24    2. product name of the pesticide purchased;
   25    3. quantity of the pesticide purchased;
   26    4. date purchased;
   27    5.  location  of intended application by address (including five-digit
   28  zip code) or if address is unavailable by town or city (including  five-
   29  digit zip code) if the location of intended application differs from the
   30  billing address that appears on the record.
   31    [Every  person  who sells or offers for sale restricted use pesticides
   32  to private applicators shall  file,  at  least  annually,  a  report  or
   33  reports  containing  such  information  with  the department on computer
   34  diskette or in printed form on or before February first  for  the  prior
   35  calendar  year.  The department shall not use the reports filed pursuant
   36  to this paragraph for enforcement purposes.]
   37    b. All private applicators shall maintain, at a  minimum,  records  of
   38  the  restricted  pesticides  purchased,  crop treated by such, method of
   39  application, and date of application or applications.  This  information
   40  shall be RECORDED IMMEDIATELY AFTER APPLICATION, maintained on an annual
   41  basis  and retained for a minimum of three years, and shall be available
   42  for inspection upon request by the department.
   43    [c. A private applicator  shall,  upon  request,  within  six  months,
   44  provide  site-specific information relating to pesticide applications to
   45  any researcher entitled to receive information pursuant to paragraph (d)
   46  of subdivision one of section twenty-four hundred eleven of  the  public
   47  health  law, provided, however, such request shall not be granted during
   48  planting and harvesting unless at a time and in a manner that is mutual-
   49  ly convenient.]
   50    3. A. EVERY PERSON WHO SELLS OR OFFERS FOR SALE PESTICIDES SHALL MAIN-
   51  TAIN RECORDS OF ALL RETAIL SALES OF  SUCH  PESTICIDES  BY  COUNTY.  SUCH
   52  RECORDS SHALL INCLUDE THE FOLLOWING:
   53    1. EPA REGISTRATION NUMBER;
   54    2. PRODUCT NAME OF THE PESTICIDE SOLD;
   55    3.  TOTAL  QUANTITY  OF THE PESTICIDE SOLD DURING THE CALENDAR YEAR IN
   56  EACH COUNTY IN THE STATE.
       S. 6357                            35                            A. 8557
    1    EVERY PERSON WHO SELLS OR OFFERS FOR SALE PESTICIDES  SHALL  FILE,  AT
    2  LEAST ANNUALLY, A REPORT OR REPORTS CONTAINING SUCH INFORMATION WITH THE
    3  DEPARTMENT IN ELECTRONIC OR PRINTED FORM ON OR BEFORE FEBRUARY FIRST FOR
    4  THE PRIOR CALENDAR YEAR.
    5    B. THE REQUIREMENTS OF THIS SUBDIVISION ARE NOT APPLICABLE TO: MINIMUM
    6  RISK PESTICIDES; GENERAL USE ANTIMICROBIAL PESTICIDES, EXCEPT THOSE THAT
    7  ARE  SUBJECT  TO  THE PESTICIDE APPLICATOR CERTIFICATION REQUIREMENTS IN
    8  REGULATIONS  PROMULGATED  BY  THE  DEPARTMENT;  GENERAL  USE   PESTICIDE
    9  PRODUCTS  APPLIED  TO  THE  CLOTHING  OR  SKIN;  OR  GENERAL USE AEROSOL
   10  PRODUCTS WITH A DIRECTED SPRAY IN CONTAINERS OF EIGHTEEN FLUID OUNCES OR
   11  LESS, BUT NOT INCLUDING ANY  FOGGER  PRODUCT  OR  AEROSOL  PRODUCT  THAT
   12  DISCHARGES TO A WIDE AREA.
   13    S  6.  Section 33-1207 of the environmental conservation law, as added
   14  by chapter 279 of the laws of 1996, is amended to read as follows:
   15  S 33-1207. Recordkeeping and reporting by importers and manufacturers.
   16    1. Each person manufacturing or compounding a  registered  [restricted
   17  use]  pesticide  in  this  state,  or  importing or causing a registered
   18  [restricted use] pesticide to be  imported  into  this  state  for  use,
   19  distribution, or storage, shall maintain records of all sales within the
   20  state during the preceding year of each [restricted use] pesticide prod-
   21  uct which he or she has imported, manufactured or compounded. The record
   22  of each [restricted use] pesticide product shall include:
   23    a. EPA registration number;
   24    b. container size; and
   25    c. number of containers sold to New York purchasers.
   26    2.  Such  records  shall  be  maintained for a period of not less than
   27  three years.   All manufacturers and  importers  shall  file  an  annual
   28  report  containing  such  information  with  the department [on computer
   29  diskette] IN ELECTRONIC or [in] printed form on or before February first
   30  for the prior calendar year.
   31    3. THE REQUIREMENTS OF THIS SECTION ARE NOT APPLICABLE  TO:    MINIMUM
   32  RISK PESTICIDES; GENERAL USE ANTIMICROBIAL PESTICIDES, EXCEPT THOSE THAT
   33  ARE  SUBJECT  TO  THE PESTICIDE APPLICATOR CERTIFICATION REQUIREMENTS IN
   34  REGULATIONS  PROMULGATED  BY  THE  DEPARTMENT;  GENERAL  USE   PESTICIDE
   35  PRODUCTS  APPLIED  TO  THE  CLOTHING  OR  SKIN;  OR  GENERAL USE AEROSOL
   36  PRODUCTS WITH A DIRECTED SPRAY IN CONTAINERS OF EIGHTEEN FLUID OUNCES OR
   37  LESS, BUT NOT INCLUDING ANY  FOGGER  PRODUCT  OR  AEROSOL  PRODUCT  THAT
   38  DISCHARGES TO A WIDE AREA.
   39    S  7.  This  act  shall take effect immediately and shall be deemed to
   40  have been in full force and effect on and after April 1, 2014.
   41                                   PART I
   42    Section 1. Subdivision 25 of  section  11-0103  of  the  environmental
   43  conservation  law,  as  amended  by  chapter 595 of the laws of 1984, is
   44  amended to read as follows:
   45    25. "Hunting [accident"] RELATED INCIDENT"  means  the  injury  to  or
   46  death  of  a  person  caused  by the discharge of a firearm, CROSSBOW or
   47  longbow while the person causing such injury or  death,  or  the  person
   48  injured  or  killed,  is  taking or attempting to take game, wildlife or
   49  fish.
   50    S 2. Paragraphs 1 and 2 of subdivision 3 and subdivision 5 of  section
   51  11-0701 of the environmental conservation law, as amended by section 1-a
   52  of  part  R  of  chapter  58 of the laws of 2013, are amended to read as
   53  follows:
       S. 6357                            36                            A. 8557
    1    (1) who is between the ages of twelve and sixteen years to  hunt  wild
    2  deer  and  bear  with  a  longbow OR CROSSBOW during the special archery
    3  season and during the regular season, as provided in  title  9  of  this
    4  article,  subject to the provisions of section 11-0929 and subdivision 3
    5  of section 11-0713 of this article;
    6    (2)  who  is eighteen years of age or older to hunt wild deer and bear
    7  with a longbow OR CROSSBOW, as provided in title 9 of this article, in a
    8  special [longbow] ARCHERY season; and
    9    5. A non-resident bear tag entitles a person who has not been a  resi-
   10  dent of the state for more than thirty days who also possesses a hunting
   11  license  to  hunt  bear during the regular open season therefor or in an
   12  open season fixed by regulation pursuant to subdivision eight of section
   13  11-0903 of this article. It entitles  a  non-resident  holder  who  also
   14  possesses  a hunting license with bowhunting privilege to hunt bear with
   15  a longbow OR CROSSBOW during the open bear season. It entitles a non-re-
   16  sident holder who also possesses a hunting license  with  muzzle-loading
   17  privilege to hunt bear with a muzzleloader during the open bear season.
   18    S  3.  Paragraph b of subdivision 6 of section 11-0703 of the environ-
   19  mental conservation law, as amended by section 2 of part R of chapter 58
   20  of the laws of 2013, is amended to read as follows:
   21    b. Except as provided in section 11-0707 and section 11-0709  of  this
   22  title,  no  person  shall  (1) hunt wild deer or bear unless such person
   23  holds and is entitled to exercise the privileges of a  hunting  license,
   24  and  meets  the requirements of this article; (2) hunt wild deer or bear
   25  with a longbow OR CROSSBOW in a special [longbow] ARCHERY season  unless
   26  such  person holds and is entitled to exercise the privileges of a hunt-
   27  ing license with a bowhunting privilege and meets  the  requirements  of
   28  this  article;  or  (3)  hunt  wild  deer  or bear with a muzzle-loading
   29  firearm in a special muzzle-loading firearm season unless such person is
   30  at least fourteen years old and holds a hunting license with  a  muzzle-
   31  loading privilege and meets the requirements of this article.
   32    S 4. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719
   33  of  the environmental conservation law, as amended by chapter 436 of the
   34  laws of 2000, is amended to read as follows:
   35    (4) is convicted of an offense involving a violation  of  subdivisions
   36  one  and  two  of  section 11-0901 of this article relating to taking of
   37  wildlife when the person taking is in or on a motor vehicle  while  such
   38  motor vehicle is on a public highway or an offense involving a violation
   39  of  subdivision  one of section 11-0901 of this article and subparagraph
   40  one of paragraph a of subdivision four of section 11-0931 of this  arti-
   41  cle  relating  to  taking  wildlife when the person taking is in or on a
   42  motor vehicle and discharging a firearm, CROSSBOW or longbow in  such  a
   43  way  that the load, BOLT or arrow passes over a public highway or a part
   44  thereof or signs an acknowledgment of any such violation for the purpose
   45  of affecting a settlement by civil compromise or by stipulation.
   46    S 5. Subdivisions 2 and 3 of  section  11-0719  of  the  environmental
   47  conservation law, subdivision 2 as amended by section 27 and subdivision
   48  3  as amended by section 28 of part R of chapter 58 of the laws of 2013,
   49  are amended to read as follows:
   50    2. a. The department may revoke the licenses, tags, bowhunting  privi-
   51  leges,  or muzzle-loading privileges, which authorize the holder to hunt
   52  and/or trap wildlife, and may  deny  the  privilege  of  obtaining  such
   53  licenses, tags, bowhunting privileges, or muzzle-loading privileges, and
   54  may  deny  the  privileges  of hunting and/or trapping with or without a
   55  license.
   56    (1) of any person who, while engaged in hunting, FISHING or trapping,
       S. 6357                            37                            A. 8557
    1    (i) causes death or injury to [another] ANY PERSON  by  discharging  a
    2  firearm, CROSSBOW or longbow, or
    3    (ii)  so  negligently  discharges a firearm, CROSSBOW or longbow as to
    4  endanger the life or safety of another, or
    5    (iii) so negligently and wantonly discharges a  firearm,  CROSSBOW  or
    6  longbow as to destroy or damage public or private property; or
    7    (2) of any agent of the department authorized to issue certificates of
    8  qualification  in responsible hunting, bowhunting, or trapping practices
    9  who improperly issues any such certification to a person whom he OR  SHE
   10  has  not  trained,  or  whom  he  OR  SHE  knows  has not satisfactorily
   11  completed all of the requirements necessary for such certification.
   12    b. Action by the  department  resulting  in  the  revocation  of  such
   13  license  or denial of the privilege to hunt and trap as provided in this
   14  subdivision shall be only after a hearing held by  the  department  upon
   15  notice to the offender, at which proof of facts indicating the violation
   16  is established to the satisfaction of the commissioner or of the hearing
   17  officer  designated  by him OR HER and concurred in by the commissioner.
   18  Provided that where a person, while hunting, causes death or  injury  to
   19  any  person  by discharge of a firearm, CROSSBOW or longbow, the commis-
   20  sioner may, in his OR HER discretion, suspend such person's  license  or
   21  licenses  to  hunt  and  suspend  such  person's right to hunt without a
   22  license for a period of up to sixty days pending a hearing  as  provided
   23  for in this subdivision.
   24    c.  In  case  such  discharge of a firearm, CROSSBOW or longbow causes
   25  death or injury to  [another]  ANY  PERSON,  the  license  or  licenses,
   26  bowhunting  privilege, and muzzle-loading privilege shall be revoked and
   27  the ability to obtain any such license and of  hunting  or  of  trapping
   28  anywhere in the state with or without a license denied, for a period not
   29  exceeding ten years, except that no revocation shall be made in cases in
   30  which  facts  established at the hearing indicate to the satisfaction of
   31  the commissioner that there was no negligence on the part of the shooter
   32  or [bowman] BOWHUNTER. In all  other  cases  the  license  or  licenses,
   33  bowhunting  privilege, or muzzle-loading privilege, shall be revoked and
   34  the privilege  of  obtaining  such  license,  bowhunting  privilege,  or
   35  muzzle-loading  privilege, and of hunting or of trapping anywhere in the
   36  state with or without a license denied for a period not  exceeding  five
   37  years.  The  department  may  also  require that the person causing such
   38  death  [or],  injury,  ENDANGERMENT  OR  PROPERTY  DAMAGE   successfully
   39  complete a department-sponsored course and obtain a certificate of qual-
   40  ification  in  responsible  hunting or bowhunting practices before being
   41  issued another hunting license.
   42    d. Every person injuring himself, herself or another person in a hunt-
   43  ing [accident, as such term is defined  in  subdivision  25  of  section
   44  11-0103  of  this  article]  RELATED INCIDENT, and the investigating law
   45  enforcement officer summoned to or arriving at the scene of such  [acci-
   46  dent]  INCIDENT shall within ten days from the occurrence of such [acci-
   47  dent] INCIDENT file a report of the [accident] INCIDENT in writing  with
   48  the  department. Every such person or law enforcement officer shall make
   49  such other and additional  reports  as  the  department  shall  require.
   50  Failure  to  report  such  [accident] INCIDENT as herein provided by the
   51  person causing injury or to furnish relevant information required by the
   52  department shall be a violation and shall constitute grounds for suspen-
   53  sion or revocation of such person's hunting licenses and bowhunting  and
   54  muzzle-loading  privileges  and denial of the ability to obtain any such
   55  license and of hunting with or without a license following a hearing  or
   56  opportunity  to  be  heard.  In addition, the department may temporarily
       S. 6357                            38                            A. 8557
    1  suspend the license of the person failing to report a hunting [accident]
    2  RELATED INCIDENT within the period prescribed herein until  such  report
    3  has  been filed. In the case of a non-resident, the failure to report an
    4  [accident]  INCIDENT  as  herein  provided  shall constitute grounds for
    5  suspension or revocation of his or her privileges of hunting within this
    6  state. The report required by this section shall be made  in  such  form
    7  and number as the department may prescribe.
    8    3.  A  hunting  license  issued to a person who is at least twelve and
    9  less than sixteen years of age or  a  hunting  license  with  bowhunting
   10  privilege  issued  to  a  person  who  is between the ages of twelve and
   11  sixteen years may be revoked by the department upon  proof  satisfactory
   12  to  the department that such person, while under the age of sixteen, has
   13  engaged in hunting wildlife with a gun, CROSSBOW or longbow, in  circum-
   14  stances in which a license and/or bowhunting or muzzle-loading privilege
   15  is  required,  while  not  accompanied by his or her parent, guardian or
   16  other adult as provided in section  11-0929  of  this  article.    ADDI-
   17  TIONALLY,  THE  DEPARTMENT  MAY  REVOKE THE HUNTING AND/OR BOWHUNTING OR
   18  MUZZLE-LOADING PRIVILEGE OF ANY PARENT, GUARDIAN, YOUTH MENTOR OR  OTHER
   19  ADULT UPON PROOF SATISFACTORY TO THE DEPARTMENT THAT SUCH PERSON ALLOWED
   20  THE  HOLDER OF A HUNTING LICENSE, BOWHUNTING PRIVILEGE OR MUZZLE-LOADING
   21  PRIVILEGE TO HUNT WILDLIFE WITH A GUN, CROSSBOW OR LONGBOW IN  VIOLATION
   22  OF  SECTION  11-0929  OF  THIS  ARTICLE. If such license or privilege is
   23  revoked the department shall fix the period of such revocation, which is
   24  not to exceed six years. The department may  require  that  such  person
   25  successfully complete a department sponsored course and obtain a certif-
   26  icate  of qualification in responsible hunting or responsible bowhunting
   27  practices before being issued another hunting or bowhunting license.
   28    S 6. Paragraphs b and g of subdivision 3, subparagraphs 5, 6 and 8  of
   29  paragraph b, subparagraphs 5, 6 and 8 of paragraph c, and subparagraph 1
   30  of  paragraph d of subdivision 4 of section 11-0901 of the environmental
   31  conservation law, paragraph b of subdivision 3 as amended by chapter 911
   32  of the laws of 1990, paragraph g of subdivision 3 as amended by  chapter
   33  34 of the laws of 1979, subparagraph 5 of paragraph b and subparagraph 5
   34  of paragraph c of subdivision 4 as amended by chapter 430 of the laws of
   35  2000  and subparagraphs 6 and 8 of paragraph b, subparagraphs 6 and 8 of
   36  paragraph c and subparagraph 1  of  paragraph  d  of  subdivision  4  as
   37  amended  by  chapter  600  of  the  laws of 1993, are amended to read as
   38  follows:
   39    b. Wild deer and bear shall not be taken except by gun, CROSSBOW or by
   40  long bow. Where an open season, set forth in the table of  open  seasons
   41  in  section  11-0907  OF  THIS  TITLE or otherwise established by law or
   42  fixed by regulation, is specified as an open season for taking such game
   43  by shotgun or long bow only, or is  specified  as  an  open  season  for
   44  taking  such game by long bow only, they shall not be taken except as so
   45  specified.
   46    g. Wildlife shall not be taken [by the use of a cross-bow, by  a  long
   47  bow  drawn, pulled, released, or held in a drawn position by any mechan-
   48  ical device attached to a portion of the bow other than  the  bowstring,
   49  or] by the use of a device commonly called a spear gun.
   50    (5)  with a [bow other than a] long bow with a draw weight [in excess]
   51  of LESS THAN thirty-five pounds; or
   52    (6) with an arrow OR BOLT with an arrowhead that  measures  less  than
   53  seven-eighths  of an inch at its widest point or that has fewer than two
   54  sharp cutting edges; or
   55    (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
       S. 6357                            39                            A. 8557
    1    (5) with a [bow other than a] long bow with a draw weight [in  excess]
    2  of LESS THAN thirty-five pounds; or
    3    (6)  with  an  arrow OR BOLT with an arrowhead that measures less than
    4  seven-eighths of an inch at its widest point or that has fewer than  two
    5  sharp cutting edges; or
    6    (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
    7    (1)  such long bow OR CROSSBOW is unstrung, or such a firearm is taken
    8  down, or securely fastened in a case, or locked in the trunk of a  vehi-
    9  cle, or
   10    S  7.  Subdivisions  11 and 16 of section 11-0901 of the environmental
   11  conservation law are REPEALED.
   12    S 8. Section 11-0903 of the environmental conservation law is  amended
   13  by adding a new subdivision 12 to read as follows:
   14    12.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF THIS ARTICLE, THE
   15  DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS WHICH AUTHORIZE THE TAKING
   16  OF WILDLIFE BY THE USE OF A CROSSBOW. A SUMMARY OF  REGULATIONS  ADOPTED
   17  PURSUANT TO THIS SUBDIVISION SHALL BE PUBLISHED EACH YEAR IN THE HUNTING
   18  SYLLABUS ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE.
   19    S  9.  Subdivisions  2  and  4 of section 11-0931 of the environmental
   20  conservation law, subdivision 2 as amended by section 7  of  part  H  of
   21  chapter  58 of the laws of 2012, subparagraph 3 of paragraph a of subdi-
   22  vision 4 as added by chapter 400 of the laws of 1973 and subparagraph  4
   23  of  paragraph  a  of subdivision 4 as added by chapter 67 of the laws of
   24  1976, are amended to read as follows:
   25    2. No CROSSBOW OR firearm except a pistol or revolver shall be carried
   26  or possessed in or on a motor vehicle  unless  it  is  UNCOCKED,  FOR  A
   27  CROSSBOW  OR  unloaded,  FOR A FIREARM in both the chamber and the maga-
   28  zine, except that a loaded firearm which may be legally used for  taking
   29  migratory  game  birds  may be carried or possessed in a motorboat while
   30  being legally used in hunting migratory game birds, and no person except
   31  a law enforcement officer in the  performance  of  his  official  duties
   32  shall,  while  in  or  on a motor vehicle, use a jacklight, spotlight or
   33  other artificial light  upon  lands  inhabited  by  deer  if  he  is  in
   34  possession  or  is  accompanied by a person who is in possession, at the
   35  time of such use, of a longbow, crossbow or a firearm of any kind except
   36  a pistol or revolver, unless such longbow OR  CROSSBOW  is  unstrung  or
   37  such firearm OR CROSSBOW is taken down or securely fastened in a case or
   38  locked  in  the  trunk of the vehicle. For purposes of this subdivision,
   39  motor vehicle shall mean every vehicle or other device operated  by  any
   40  power other than muscle power, and which shall include but not be limit-
   41  ed  to  automobiles,  trucks, motorcycles, tractors, trailers and motor-
   42  boats, snowmobiles and snowtravelers, whether operated on or off  public
   43  highways.  Notwithstanding  the  provisions  of  this  subdivision,  the
   44  department may issue a permit  to  any  person  who  is  non-ambulatory,
   45  except  with the use of a mechanized aid, to possess a loaded firearm in
   46  or on a motor vehicle as  defined  in  this  section,  subject  to  such
   47  restrictions  as  the  department  may deem necessary in the interest of
   48  public safety. Nothing in this  section  permits  the  possession  of  a
   49  pistol or a revolver contrary to the penal law.
   50    4. a. No person shall:
   51    (1)  discharge  a  firearm, CROSSBOW or long bow in such a way as will
   52  result in the load, BOLT or arrow thereof passing over a public  highway
   53  or any part thereof;
   54    (2)  discharge  a  firearm [or long bow] within five hundred feet OR A
   55  CROSSBOW OR LONG BOW WITHIN ONE  HUNDRED  FIFTY  FEET  from  a  dwelling
   56  house, farm building or farm structure actually occupied or used, school
       S. 6357                            40                            A. 8557
    1  building,  school  playground,  or occupied PUBLIC STRUCTURE, factory or
    2  church;
    3    (3) use a firearm, CROSSBOW or a long bow for the hunting of migratory
    4  game  birds  in Larchmont Harbor, specifically those portions bounded by
    5  the following points of land:
    6    BEGINNING AT A POINT KNOWN AS UMBRELLA POINT  ON  THE  EAST  SHORE  OF
    7  LARCHMONT  HARBOR  THEN  PROCEEDING  IN  A  NORTHERLY DIRECTION TO CEDAR
    8  ISLAND; THENCE NORTHWESTERLY TO MONROE INLET;  THENCE  NORTHEASTERLY  TO
    9  DELANCY  COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY
   10  DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE  RUNNING  THE  AREA
   11  BETWEEN  DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE
   12  SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS  TOE  SOUTHWEST  AND  THEN
   13  SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
   14    (4) Use of a firearm, CROSSBOW or a long bow for the hunting of migra-
   15  tory  game  birds in Udall's Cove, specifically those portions of Little
   16  Neck Bay within Nassau and Queens counties lying east of a line  running
   17  north from the foot of Douglaston Parkway to the shore opposite.
   18    b.  The  prohibitions contained in subparagraph 2 of paragraph a above
   19  shall not apply to:
   20    (1) The owner or lessee of the dwelling house, or members of his imme-
   21  diate family actually residing therein, or a person in  his  employ,  or
   22  the  guest  of the owner or lessee of the dwelling house acting with the
   23  consent of said owner or lessee, provided however, that  nothing  herein
   24  shall  be  deemed  to  authorize such persons to discharge a firearm [or
   25  longbow] within five hundred feet OR A CROSSBOW OR LONG BOW  WITHIN  ONE
   26  HUNDRED  FIFTY  FEET  of any other dwelling house, or a farm building or
   27  farm structure actually occupied or used, or a school building or  play-
   28  ground or occupied PUBLIC STRUCTURE, factory or church;
   29    (2) Programs conducted by THE DEPARTMENT, public OR PRIVATE ELEMENTARY
   30  OR  SECONDARY  schools  offering  instruction and training in the use of
   31  firearms, CROSSBOW or long bow;
   32    (3) The authorized use of a pistol, rifle or  target  range  regularly
   33  operated  and maintained by a police department or other law enforcement
   34  agency or by any duly organized membership corporation;
   35    (4) The discharge of a shotgun over water by a person hunting migrato-
   36  ry game birds if no dwelling house,  FARM  BUILDING  OR  FARM  STRUCTURE
   37  ACTUALLY  OCCUPIED OR USED, SCHOOL BUILDING, SCHOOL PLAYGROUND, or OCCU-
   38  PIED public structure, FACTORY OR CHURCH, livestock or person  is  situ-
   39  ated in the line of discharge less than five hundred feet from the point
   40  of discharge.
   41    S  10. Paragraph c of subdivision 5 of section 11-0931 of the environ-
   42  mental conservation law, as amended by chapter 309 of the laws of  2006,
   43  is amended to read as follows:
   44    c.  In  the Northern Zone no person, while engaged in hunting with the
   45  aid of a dog or while afield accompanied by a dog, shall possess a rifle
   46  larger than .22 caliber using rim-fire ammunition or possess  a  shotgun
   47  loaded  with  a  slug, ball or buckshot, OR POSSESS A CROSSBOW; but this
   48  paragraph does not apply to persons, engaged in coyote hunts  with  dogs
   49  during any open season on coyotes established pursuant to the provisions
   50  of section 11-0903 OF THIS TITLE.
   51    S 11. Paragraph 4 of subdivision a of section 265.20 of the penal law,
   52  as  amended  by  chapter 1041 of the laws of 1974, is amended to read as
   53  follows:
   54    4. Possession of a rifle, shotgun, CROSSBOW or longbow for  use  while
   55  hunting,  trapping  or fishing, by a person, not a citizen of the United
       S. 6357                            41                            A. 8557
    1  States, carrying a valid license issued pursuant to section  11-0713  of
    2  the environmental conservation law.
    3    S  12.  Paragraph  a  of subdivision 1 of section 9-103 of the general
    4  obligations law, as separately amended by chapters 141 and  286  of  the
    5  laws of 1984, is amended to read as follows:
    6    a.  an owner, lessee or occupant of premises, whether or not posted as
    7  provided in section 11-2111 of the environmental conservation law,  owes
    8  no  duty: (1) to keep the premises safe for entry, PASSAGE OVER PREMISES
    9  or use by others for hunting, fishing, organized gleaning as defined  in
   10  section  seventy-one-y  of  the  agriculture  and markets law, canoeing,
   11  boating, SWIMMING, trapping, hiking, cross-country skiing,  tobogganing,
   12  sledding,  speleological  activities,  horseback riding, bicycle riding,
   13  hang gliding, motorized vehicle  operation  for  recreational  purposes,
   14  snowmobile  operation,  cutting  or gathering of wood for non-commercial
   15  purposes [or], training of dogs, AND ANY OTHER RECREATIONAL USE; or  (2)
   16  to  give  warning  of  any hazardous condition or use of or structure or
   17  activity on such premises to persons entering for such purposes;
   18    S 13. Subdivision 3 of section 9-103 of the general obligations law is
   19  renumbered subdivision 4 and a new subdivision 3 is  added  to  read  as
   20  follows:
   21    3. FOR THE PURPOSES OF THIS SECTION THE TERM "OCCUPANT" SHALL INCLUDE,
   22  BUT  NOT  BE  LIMITED  TO, THOSE ORGANIZATIONS, ENTITIES, OR PERSONS WHO
   23  INDIVIDUALLY OR COLLECTIVELY DEVELOP AND/OR MAINTAIN  TRAILS  AND  OTHER
   24  RECREATIONAL FACILITIES FOR NON-COMMERCIAL USE BY THE PUBLIC.
   25    S 14. Section 11-0323 of the environmental conservation law is amended
   26  by adding a new subdivision 3 to read as follows:
   27    3.  NOTWITHSTANDING  SUBDIVISION  TWO OF SECTION THREE OF THE NEW YORK
   28  STATE PRINTING AND PUBLIC DOCUMENTS LAW, THE DEPARTMENT MAY  ENTER  INTO
   29  CONTRACTS  WITH  ANY  RESPONSIVE  AND  RESPONSIBLE BIDDER TO PROVIDE THE
   30  PRINTING SERVICES REQUIRED WITH OR WITHOUT THE USE  OF  A  SUBCONTRACTOR
   31  FOR THE PRODUCTION OF THE HUNTING AND FISHING PAMPHLETS AND SYLLABUS SET
   32  FORTH  IN SUBDIVISIONS ONE AND TWO OF THIS SECTION OR ANY OTHER PUBLICA-
   33  TIONS THAT MAY BE ISSUED IN SUPPORT OF THE FISH AND WILDLIFE LAW.
   34    S 15. Section 404-s of the vehicle and traffic law, as added by  chap-
   35  ter 304 of the laws of 2001, is amended by adding three new subdivisions
   36  3, 4 and 5 to read as follows:
   37    3. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION TO A PERSON WHO
   38  PURCHASES A LIFETIME LICENSE PURSUANT TO SECTION 11-0702 OF THE ENVIRON-
   39  MENTAL CONSERVATION LAW OR A LIFETIME VEHICLE ACCESS PASS, ALSO KNOWN AS
   40  A  LIFETIME  EMPIRE PASSPORT, PURSUANT TO ARTICLE THIRTEEN OF THE PARKS,
   41  RECREATION AND HISTORIC PRESERVATION  LAW  BETWEEN  JANUARY  FIRST,  TWO
   42  THOUSAND FOURTEEN AND DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN SHALL
   43  BE ISSUED IN THE SAME MANNER AS OTHER NUMBER PLATES, HOWEVER, SUCH LIFE-
   44  TIME  LICENSE  HOLDER SHALL BE EXEMPT FROM THE PAYMENT OF FEES OTHERWISE
   45  REQUIRED TO BE PAID PURSUANT TO PARAGRAPHS A AND B OF SUBDIVISION  THREE
   46  OF  SECTION  FOUR  HUNDRED  ONE  OF  THIS ARTICLE AND THE ANNUAL SERVICE
   47  CHARGE REQUIRED BY SUBDIVISION TWO OF THIS SECTION FOR THE INITIAL ISSU-
   48  ANCE OF SUCH  LICENSE  PLATE  AND  FOR  THE  NEXT  ENSUING  REGISTRATION
   49  RENEWAL.
   50    4.  A  PERSON  WHO  POSSESSES  A  LIFETIME LICENSE PURSUANT TO SECTION
   51  11-0702 OF THE ENVIRONMENTAL CONSERVATION  LAW  OR  A  LIFETIME  VEHICLE
   52  ACCESS  PASS,  ALSO  KNOWN  AS A LIFETIME EMPIRE PASSPORT, OR A THREE OR
   53  FIVE YEAR VEHICLE ACCESS PASS PURSUANT TO ARTICLE THIRTEEN OF THE PARKS,
   54  RECREATION AND HISTORIC PRESERVATION LAW SHALL, ON REQUEST BETWEEN APRIL
   55  FIRST, TWO  THOUSAND  FOURTEEN  AND  MARCH  THIRTY-FIRST,  TWO  THOUSAND
   56  FIFTEEN,  BE  ISSUED A DISTINCTIVE PLATE PURSUANT TO THIS SECTION IN THE
       S. 6357                            42                            A. 8557
    1  SAME MANNER AS OTHER NUMBER PLATES UPON PAYMENT OF A TWENTY-FIVE  DOLLAR
    2  REGISTRATION  FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS CHAPTER
    3  FOR THE INITIAL LICENSE PLATE AND SHALL BE EXEMPT FROM  THE  PAYMENT  OF
    4  FEES  OTHERWISE  REQUIRED TO BE PAID PURSUANT TO PARAGRAPH B OF SUBDIVI-
    5  SION THREE OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE  AND  THE  ANNUAL
    6  SERVICE  CHARGE  REQUIRED  BY  SUBDIVISION  TWO  OF THIS SECTION FOR THE
    7  INITIAL ISSUANCE OF SUCH LICENSE PLATE AND FOR THE NEXT  ENSUING  REGIS-
    8  TRATION RENEWAL.
    9    5.  ANY NEW YORK RESIDENT WHO POSSESSES A HUNTING, FISHING OR TRAPPING
   10  LICENSE ISSUED PURSUANT TO TITLE SEVEN OF ARTICLE ELEVEN OF THE ENVIRON-
   11  MENTAL CONSERVATION LAW OR AN ANNUAL VEHICLE ACCESS PASS, ALSO KNOWN  AS
   12  AN  EMPIRE  PASSPORT,  PURSUANT TO ARTICLE THIRTEEN OF THE PARKS, RECRE-
   13  ATION AND HISTORIC PRESERVATION  LAW  MAY  PURCHASE  THE  LICENSE  PLATE
   14  AVAILABLE  TO A PERSON WHO PURCHASES A LIFETIME LICENSE OR PASSPORT UPON
   15  PAYMENT OF THE REGULAR  REGISTRATION  FEE  PRESCRIBED  BY  SECTION  FOUR
   16  HUNDRED ONE OF THIS CHAPTER.
   17    S 16. Section 11-0715 of the environmental conservation law is amended
   18  by adding a new subdivision 7 to read as follows:
   19    7.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
   20  SECTION, THE COMMISSIONER MAY OFFER FOR SALE  LICENSES,  PRIVILEGES  AND
   21  PERMITS  LISTED  IN  THIS  SECTION AT A REDUCED PRICE UP TO TEN DAYS PER
   22  YEAR TO  ENCOURAGE  RESIDENT  AND  OUT-OF-STATE  HUNTERS,  TRAPPERS  AND
   23  ANGLERS  TO  UTILIZE  NEW  YORK'S HUNTING, TRAPPING AND FISHING OPPORTU-
   24  NITIES. THESE DAYS SHALL BE DESIGNATED IN A  MANNER  DETERMINED  BY  THE
   25  DEPARTMENT  TO BEST PROVIDE PUBLIC NOTICE THEREOF AND TO MAXIMIZE PUBLIC
   26  PARTICIPATION THEREIN.
   27    S 17. Subdivision 14 of section 11-0305 of the environmental conserva-
   28  tion law, as amended by chapter 292 of the laws of 1996  and  as  renum-
   29  bered  by  section  2  of  part  F of chapter 82 of the laws of 2002, is
   30  amended to read as follows:
   31    14. Notwithstanding any inconsistent provision of law, the commission-
   32  er may designate no more than [two] EIGHT days in each year  that  shall
   33  be  effective  in every administrative region of the department, as free
   34  sport fishing days during which any person may, without having  a  sport
   35  fishing  license and without the payment of any fee, exercise the privi-
   36  leges of a holder of a sport fishing license,  subject  to  all  of  the
   37  limitations,  restrictions,  conditions,  laws,  rules  and  regulations
   38  applicable to the holder of a sport fishing license. Free sport  fishing
   39  days  shall  be  designated  in a manner determined by the department to
   40  best provide public notice thereof and to maximize public  participation
   41  therein,  so  as  to  promote the recreational opportunities afforded by
   42  sport fishing.
   43    S 18. Subdivision 5 of section 11-0703 of the environmental  conserva-
   44  tion law is amended by adding a new paragraph e to read as follows:
   45    E.  ANY THREE OR FIVE-YEAR LICENSE ISSUED PURSUANT TO PARAGRAPH A OR B
   46  OF SUBDIVISION THREE OF SECTION  11-0715  SHALL  BE  EFFECTIVE  FOR  THE
   47  NUMBER  OF  LICENSE YEARS INDICATED THEREON BEGINNING ON SEPTEMBER FIRST
   48  AND ENDING  AUGUST  THIRTY-FIRST;  PROVIDED,  HOWEVER,  THAT  A  FISHING
   49  LICENSE  SHALL  REMAIN EFFECTIVE FOR EITHER THREE OR FIVE YEARS FROM THE
   50  DATE ON WHICH IT WAS ISSUED.
   51    S 19. Paragraphs a and b of subdivision 3 of section  11-0715  of  the
   52  environmental conservation law, as amended by chapter 276 of the laws of
   53  2013, are amended to read as follows:
   54    a. In the case of persons who meet the criteria set forth in paragraph
   55  c of subdivision four of section 11-0703 of this title:
   56          License                                   Fee
       S. 6357                            43                            A. 8557
    1          (1) (a) Hunting                           $22.00
    2          (A-1) THREE-YEAR HUNTING                  $60.00
    3          (A-2) FIVE-YEAR HUNTING                   $100.00
    4          (b) Hunting ages fifteen
    5          and under                                  $5.00
    6          (2) (A) Fishing                           $25.00
    7          (B) THREE-YEAR FISHING                    $70.00
    8          (C) FIVE-YEAR FISHING                     $115.00
    9          (3)(a) Trapping                           $20.00
   10          (A-1) THREE-YEAR TRAPPING                 $55.00
   11          (A-2) FIVE-YEAR TRAPPING                  $95.00
   12          (b) Trapping ages fifteen and under        $5.00
   13          (4) (A) Muzzle-loading privilege          $15.00
   14          (B) THREE-YEAR MUZZLE-LOADING             $40.00
   15          (C) FIVE-YEAR MUZZLE-LOADING              $65.00
   16          (5)(a) Bowhunting privilege               $15.00
   17          (A-1) THREE-YEAR BOWHUNTING PRIVILEGE     $40.00
   18          (A-2) FIVE-YEAR BOWHUNTING PRIVILEGE      $65.00
   19          (b) Bowhunting privilege
   20          ages fifteen and under                     $4.00
   21          (6) (A) Turkey permit                     $10.00
   22          (B) THREE-YEAR TURKEY PERMIT              $25.00
   23          (C) FIVE-YEAR TURKEY PERMIT               $40.00
   24          (7) Seven-day fishing                    [$13.00] $12.00
   25          (8) One-day fishing                      $ 5.00
   26    A  THREE OR FIVE-YEAR BOWHUNTING OR MUZZLE-LOADING PRIVILEGE OR TURKEY
   27  PERMIT MAY ONLY BE SOLD TO A PERSON WHO EITHER HAS PURCHASED  A  HUNTING
   28  LICENSE FOR THE SAME TERM OR POSSESSES A LIFETIME HUNTING LICENSE.
   29    b. In the case of a non-resident and persons resident in the state for
   30  less than thirty days:
   31          License                                   Fee
   32          (1) (a) Hunting                           $100.00
   33          (A-1) THREE-YEAR HUNTING                  $290.00
   34          (A-2) FIVE-YEAR HUNTING                   $480.00
   35          (b) Hunting ages fifteen and under          $5.00
   36          (2) (A) Fishing                            $50.00
   37          (B) THREE-YEAR FISHING                    $140.00
   38          (C) FIVE-YEAR FISHING                     $230.00
   39          (3) Seven-day fishing                     [$31.00] $28.00
   40          (4)(a) Trapping                           $275.00
   41          (A-1) THREE-YEAR TRAPPING                 $825.00
   42          (A-2) FIVE-YEAR TRAPPING                  $1,375.00
   43          (b) Trapping ages fifteen and under         $5.00
   44          (5)(a) Bowhunting privilege                $30.00
   45          (A-1) THREE-YEAR BOWHUNTING PRIVILEGE     $80.00
   46          (A-2) FIVE-YEAR BOWHUNTING PRIVILEGE      $130.00
   47          (b) Bowhunting privilege ages
   48          fifteen and under                           $4.00
   49          (6) (A) Muzzle-loading                     $30.00
   50          (B) THREE-YEAR MUZZLE-LOADING             $80.00
   51          (C) FIVE-YEAR MUZZLE-LOADING              $130.00
   52          (7) (A) Turkey permit                      $20.00
   53          (B) THREE-YEAR TURKEY PERMIT              $55.00
   54          (C) FIVE-YEAR TURKEY PERMIT               $90.00
   55          (8) One-day fishing                        $10.00
       S. 6357                            44                            A. 8557
    1    A  THREE OR FIVE-YEAR BOWHUNTING OR MUZZLE-LOADING PRIVILEGE OR TURKEY
    2  PERMIT MAY ONLY BE SOLD TO A PERSON WHO EITHER HAS PURCHASED  A  HUNTING
    3  LICENSE FOR THE SAME TERM OR POSSESSES A LIFETIME HUNTING LICENSE.
    4    S 20. This act shall take effect April 1, 2014.
    5                                   PART J
    6    Section  1. Subdivisions 6, 7 and 8 of section 251-z-5 of the agricul-
    7  ture and markets law, subdivisions 6 and 7 as added by  chapter  863  of
    8  the  laws  of 1972 and subdivision 8 as added by chapter 665 of the laws
    9  of 2005, are amended and a  new  subdivision  9  is  added  to  read  as
   10  follows:
   11    (6) The applicant or licensee, or an officer, director, partner, hold-
   12  er  of  ten per cent of the voting stock, or any other person exercising
   13  any position of management or control has failed to comply with  any  of
   14  the  provisions  of  this  chapter  or rules and regulations promulgated
   15  pursuant thereto; [or]
   16    (7) Any person including the applicant or  licensee,  or  an  officer,
   17  director, partner or any stockholder, exercising any position of manage-
   18  ment  or  control  has  been  convicted  of a felony in any court of the
   19  United States or any state or territory[.];
   20    (8) A retail food store licensed under this article  fails  to  comply
   21  with  the education requirements set forth in section two hundred fifty-
   22  one-z-twelve of this article[.]; OR
   23    (9) THE APPLICANT OR LICENSEE HAS FAILED TO PAY  ANY  PENALTY  IMPOSED
   24  FOR OR JUDGMENT BASED UPON A VIOLATION OF THE PROVISIONS OF THIS ARTICLE
   25  OR RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, WHICH OUTSTANDING
   26  PENALTY  OR  PENALTIES  AND/OR JUDGMENT OR JUDGMENTS EQUAL OR EXCEED TWO
   27  THOUSAND FOUR HUNDRED DOLLARS. NOTWITHSTANDING, AND IN ADDITION  TO  THE
   28  POWERS  CONFERRED  IN  THIS SECTION, WHEN THE COMMISSIONER FINDS THAT AN
   29  APPLICANT OR LICENSEE HAS FAILED TO PAY ANY PENALTY IMPOSED OR  JUDGMENT
   30  OBTAINED,  WHICH  OUTSTANDING  PENALTY  OR  PENALTIES AND/OR JUDGMENT OR
   31  JUDGMENTS EQUAL OR EXCEED TWO THOUSAND FOUR HUNDRED DOLLARS, THE COMMIS-
   32  SIONER MAY DECLINE TO ISSUE OR RENEW A LICENSE, AND,  IN  LIEU  THEREOF,
   33  SHALL GRANT A PROVISIONAL LICENSE.
   34    (A)  A PROVISIONAL LICENSE SHALL EXPIRE SIXTY DAYS FOLLOWING ITS ISSU-
   35  ANCE, UNLESS: (I) PRIOR TO ITS EXPIRATION,  THE  APPLICANT  OR  LICENSEE
   36  PAYS  OR  ENTERS  INTO  AN AGREEMENT WITH THE DEPARTMENT TO PAY ALL SAID
   37  AMOUNTS DUE, AT WHICH POINT THE PROVISIONAL LICENSE SHALL CONVERT  TO  A
   38  TWO-YEAR  LICENSE,  COMMENCING  AS OF THE DATE OF ISSUANCE OF THE PROVI-
   39  SIONAL LICENSE; OR (II) WITHIN THIRTY DAYS OF ITS ISSUANCE,  THE  APPLI-
   40  CANT  OR  LICENSEE REQUESTS A HEARING, PURSUANT TO RULES AND REGULATIONS
   41  THAT THE DEPARTMENT SHALL PROMULGATE.
   42    (B) WHERE A  HEARING  IS  REQUESTED,  THE  PROVISIONAL  LICENSE  SHALL
   43  CONTINUE  IN  FORCE  UNTIL THE DETERMINATION OF SAID HEARING. SHOULD THE
   44  APPLICANT PREVAIL, THE PROVISIONAL LICENSE SHALL CONVERT INTO A TWO-YEAR
   45  LICENSE, RUNNING FROM THE  DATE  OF  THE  ISSUANCE  OF  THE  PROVISIONAL
   46  LICENSE.  SHOULD  THE  DEPARTMENT PREVAIL, THE PROVISIONAL LICENSE SHALL
   47  TERMINATE AND NO LICENSE SHALL ISSUE.
   48    S 2.  This act shall take effect immediately.
   49                                   PART K
   50    Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
   51  laws of 2014 to the energy research and development authority, under the
   52  research, development and demonstration program, from the special reven-
       S. 6357                            45                            A. 8557
    1  ue  funds - other/state operations, miscellaneous special revenue fund -
    2  339, energy research and planning account, and special revenue  funds  -
    3  other/aid to localities, miscellaneous special revenue fund - 339, ener-
    4  gy  research  and planning account shall be subject to the provisions of
    5  this section. Notwithstanding  the  provisions  of  subdivision  4-a  of
    6  section 18-a of the public service law, all moneys committed or expended
    7  shall  be reimbursed by assessment against gas corporations and electric
    8  corporations as defined in section 2 of the public service law, and  the
    9  total  amount  which may be charged to any gas corporation and any elec-
   10  tric corporation shall not exceed one cent per one thousand  cubic  feet
   11  of  gas sold and .010 cent per kilowatt-hour of electricity sold by such
   12  corporations in their intrastate utility  operations  in  calendar  year
   13  2012.  Such  amounts  shall  be  excluded  from  the  general assessment
   14  provisions of subdivision 2 of section 18-a of the public  service  law,
   15  but shall be billed and paid in the manner set forth in such subdivision
   16  and  upon  receipt shall be paid to the state comptroller for deposit in
   17  the state treasury for credit to the miscellaneous special revenue fund.
   18  The director of the budget shall not issue  a  certificate  of  approval
   19  with  respect  to the commitment and expenditure of moneys hereby appro-
   20  priated until the chair of such authority shall have submitted, and  the
   21  director  of  the  budget shall have approved, a comprehensive financial
   22  plan encompassing all moneys available to and  all  anticipated  commit-
   23  ments  and  expenditures by such authority from any source for the oper-
   24  ations of such authority. Copies of the approved comprehensive financial
   25  plan shall be immediately submitted by the director of the budget to the
   26  chairs and secretaries of the legislative fiscal committees.
   27    S 2. This act shall take effect immediately and  shall  be  deemed  to
   28  have been in full force and effect on and after April 1, 2014.
   29                                   PART L
   30    Section 1. Notwithstanding any law to the contrary, the comptroller is
   31  hereby  authorized  and directed to receive for deposit to the credit of
   32  the general fund the amount of up to $913,000 from the  New  York  state
   33  energy research and development authority.
   34    S  2.  This  act  shall take effect immediately and shall be deemed to
   35  have been in full force and effect on and after April 1, 2014.
   36                                   PART M
   37    Section 1. Legislative findings.  The  legislature  hereby  finds  and
   38  determines:
   39    1.  In  2011  and 2012, three storms of enormous magnitude - Hurricane
   40  Irene, Tropical Storm Lee and Superstorm Sandy - each battered New York,
   41  causing billions of dollars of damage  to  roads,  buildings  and  other
   42  infrastructure.  The  three  storms collectively resulted in millions of
   43  residential, business and industrial  customers  of  electric  utilities
   44  losing electricity for extended periods of time.
   45    2.  Each  of  these storms caused, among other things, a disruption in
   46  the distribution and supply of motor fuels, and in the  case  of  Super-
   47  storm  Sandy, downstate motorists were unable to obtain routine supplies
   48  of fuel for several weeks.
   49    3. In addition, temporary  fuel  distribution  disruptions  associated
   50  with  the  aftermath  of  a  storm  can result in emergency vehicles and
   51  responders unable to adequately address ongoing public safety and health
   52  emergencies, delay an appropriate  response  to  infrastructure  damages
       S. 6357                            46                            A. 8557
    1  caused  by  a  storm, and otherwise disrupt commerce in the state due to
    2  difficulty to obtain readily available motor fuels.
    3    4.  On  November  15,  2012, in response to Superstorm Sandy, Governor
    4  Andrew M. Cuomo announced the creation of the NYS Ready  Commission  and
    5  tasked  it with finding ways to ensure critical systems and services are
    6  prepared for future natural disasters and other emergencies. As  related
    7  to  this  act, the Commission was tasked with addressing vulnerabilities
    8  in the state's energy systems.
    9    5. The NYS  Ready  Commission  recommended,  among  other  things,  to
   10  require that retail gasoline outlets located in strategic locations have
   11  on-site  back-up power capacity to ensure that such outlets can continue
   12  fuel sales operations during a long-term electric outage. The purpose of
   13  this act is to ensure that the state is better situated in the future to
   14  address the temporary disruption of retail fuel supplies.
   15    S 2. Section 192-h of the agriculture and markets  law,  as  added  by
   16  section  2  of  part  S of chapter 58 of the laws of 2013, is amended to
   17  read as follows:
   18    S 192-h. Alternate generated power source at retail gasoline  outlets.
   19  1.  Definitions. When used in this section:
   20    (a)  "Alternate  generated  power  source"  means  electric generating
   21  equipment that is of a capacity that is capable  of  providing  adequate
   22  electricity to operate all dispensers, dispensing equipment, life safety
   23  systems  and payment-acceptance equipment located at a retail outlet and
   24  which can operate independent of the local electric utility distribution
   25  system and provide electricity during a general power outage or declared
   26  energy or fuel supply emergency to operate the systems named herein.
   27    (b) "Chain of retail outlets"  means  a  network  of  subsidiaries  or
   28  affiliates, under direct or indirect common control, that operate ten or
   29  more  retail  outlets  located  in  a single downstate region; provided,
   30  however that this term does not include any franchisor of the  brand  of
   31  motor  fuel  being  sold  at such outlet, except if such franchisor owns
   32  such outlet.
   33    (c) "Controlled access highway" means every highway, street, or  road-
   34  way  in respect to which owners or occupants of abutting lands and other
   35  persons have no legal right of access to or from the same except at such
   36  points only and in such manner  as  may  be  determined  by  the  public
   37  authority having jurisdiction over such highway, street, or roadway.
   38    (d)  "Diesel motor fuel" means any fuel sold in this state and for use
   39  in diesel engines which is commercially known or  offered  for  sale  as
   40  diesel motor fuel.
   41    (e) "Dispenser" means a device located at a retail outlet that is used
   42  to pump motor fuel from an above-ground or underground storage tank into
   43  a motor vehicle.
   44    (f)  "Downstate  region"  means  each  of the following regions of the
   45  state:
   46    (i) Long Island region: Includes Nassau and Suffolk counties.
   47    (ii) Lower Mid-Hudson region: Includes Rockland and Westchester  coun-
   48  ties.
   49    (iii)  New  York  city region: Includes Bronx, Kings, New York, Queens
   50  and Richmond counties.
   51    (g) "Evacuation route" means those roads designated  by  each  county,
   52  AND RECOGNIZED BY THE STATE, that are to be used by motorists in case of
   53  a hurricane or other natural disaster.
   54    (h)  "Franchisor" means a person or company that grants a franchise to
   55  a franchisee.
       S. 6357                            47                            A. 8557
    1    (i) "Gasoline" means any fuel sold in this state for use  in  internal
    2  combustion  engines  which  is commercially known or offered for sale as
    3  gasoline, whether or not blended with ethanol or other chemicals.
    4    (j)  "Motor  fuel" means any petroleum product, including any gasoline
    5  or diesel motor fuel, which is used for the propulsion  of  motor  vehi-
    6  cles.
    7    (k)  "Retailer"  means  any  person  who owns, operates, or controls a
    8  retail outlet that is subject to the requirements of subdivision two  of
    9  this section.
   10    (l) "Retail outlet" means a facility, including all land, improvements
   11  and  associated  structures and equipment, that dispenses motor fuel for
   12  sale to the general public.
   13    (M) "STRATEGIC UPSTATE HIGHWAYS" MEANS THE FOLLOWING:
   14    (I) I-87 BEGINNING AT THE ROCKLAND-ORANGE COUNTY LINE THENCE NORTHERLY
   15  PASSING THROUGH OR IN THE VICINITY OF ALBANY TO  THE  INTERSECTION  WITH
   16  I-90, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRUWAY;
   17  THENCE CONTINUING NORTHERLY TO THE NEW YORK-CANADA BORDER;
   18    (II)  I-90 BEGINNING AT I-87 IN THE VICINITY OF ALBANY THENCE WESTERLY
   19  PASSING THROUGH OR IN THE  VICINITY  OF  SCHENECTADY,  UTICA,  SYRACUSE,
   20  ROCHESTER,  AND  BUFFALO;  THENCE  CONTINUING  SOUTHWESTERLY  TO THE NEW
   21  YORK-PENNSYLVANIA BORDER, THE FOREGOING ROUTE BEING A PORTION OF THE NEW
   22  YORK STATE THRUWAY;
   23    (III) THE BERKSHIRE SECTION OF THE NEW YORK STATE THRUWAY BEGINNING AT
   24  I-87 THENCE EASTERLY TO THE INTERSECTION WITH  I-90  AND  CONTINUING  ON
   25  I-90 TO THE NEW YORK-MASSACHUSETTS BORDER;
   26    (IV)  I-84 BEGINNING AT THE NEW YORK-NEW JERSEY BORDER THENCE EASTERLY
   27  PASSING THROUGH OR IN THE VICINITY OF NEWBURGH, THENCE CONTINUING  EAST-
   28  ERLY AND SOUTHEASTERLY TO THE NEW YORK-CONNECTICUT BORDER;
   29    (V)  I-88  BEGINNING  AT  I-81  IN  THE  VICINITY OF BINGHAMTON THENCE
   30  NORTHEASTERLY TO I-90 IN THE VICINITY OF SCHENECTADY;
   31    (VI) I-86/STATE ROUTE 17 BEGINNING AT I-87 IN THE VICINITY OF WOODBURY
   32  THENCE WESTERLY AND NORTHWESTERLY PASSING THROUGH OR IN THE VICINITY  OF
   33  BINGHAMTON, ELMIRA, AND JAMESTOWN, CONTINUING TO THE NEW YORK-PENNSYLVA-
   34  NIA BORDER;
   35    (VII) I-81 BEGINNING AT THE NEW YORK-PENNSYLVANIA BORDER THENCE NORTH-
   36  ERLY  PASSING  THROUGH  OR  IN  THE  VICINITY OF SYRACUSE AND WATERTOWN,
   37  CONTINUING TO THE NEW YORK-CANADA BORDER;
   38    (VIII) I-390 BEGINNING  AT  I-86  IN  THE  VICINITY  OF  AVOCA  THENCE
   39  NORTHWESTERLY AND NORTHERLY IN I-490 IN THE VICINITY OF ROCHESTER; AND
   40    (IX)  I-190  BEGINNING  AT  I-90  IN  THE  VICINITY OF BUFFALO, THENCE
   41  WESTERLY, NORTHWESTERLY, AND NORTHERLY  THROUGH  BUFFALO,  ACROSS  GRAND
   42  ISLAND,  THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRU-
   43  WAY, AND THENCE GENERALLY WESTERLY TO THE UNITED STATES-CANADA BORDER IN
   44  THE VICINITY OF LEWISTON.
   45    (N) "UPSTATE REGION" MEANS ANY COUNTY OF THE STATE THAT IS NOT PART OF
   46  THE DOWNSTATE REGION.
   47    2. Prewiring and transfer switch. (a) Retail outlets in the  downstate
   48  region  shall  be prewired with an appropriate transfer switch for using
   49  an alternate generated power source at such retail outlets as follows:
   50    (i) each retail outlet in operation on  the  effective  date  of  this
   51  section that is located within one-half mile by road measurement from an
   52  exit  road  on  a  controlled access highway or from an evacuation route
   53  shall be prewired by no later than April first, two thousand fourteen;
   54    (ii) each retail outlet beginning operation after the  effective  date
   55  of  this  section  and before April first, two thousand fourteen that is
   56  located within one-half mile by road measurement from an exit road on  a
       S. 6357                            48                            A. 8557
    1  controlled  access highway or from an evacuation route shall be prewired
    2  by no later than April first, two thousand fifteen;
    3    (iii)  each retail outlet that is located within one-half mile by road
    4  measurement from an evacuation route that is designated  as  such  after
    5  the effective date of this section or within one-half mile by road meas-
    6  urement  from  an exit road that is established after the effective date
    7  of this section shall be prewired within one year of such designation or
    8  establishment provided that funding is available at such  time  for  the
    9  program established under subdivision twenty of section eighteen hundred
   10  fifty-four of the public authorities law; and
   11    (iv)  thirty percent of all retail outlets that are part of a chain of
   12  retail outlets, exclusive of those included in subparagraphs  (i),  (ii)
   13  and  (iii)  of this paragraph, shall be prewired by no later than August
   14  first, two thousand fifteen, provided, however, in the case of an exist-
   15  ing retail outlet that becomes part of a chain of retail  outlets  after
   16  the  effective  date of this section and that has been designated by the
   17  chain as an outlet comprising such thirty  percent,  by  no  later  than
   18  August  first,  two  thousand fifteen or one year after becoming part of
   19  such chain, whichever is later, and provided further, in the case  of  a
   20  retail outlet that is part of a chain of retail outlets, is part of such
   21  thirty  percent  and  is subject to paragraph (b) of this subdivision as
   22  required in paragraph (b) of this subdivision.
   23    (A-1) RETAIL OUTLETS IN THE UPSTATE REGION SHALL BE PREWIRED  WITH  AN
   24  APPROPRIATE  TRANSFER  SWITCH  FOR  USING  AN  ALTERNATE GENERATED POWER
   25  SOURCE AT SUCH RETAIL OUTLETS AS FOLLOWS:
   26    (I) EACH RETAIL OUTLET IN OPERATION ON  THE  EFFECTIVE  DATE  OF  THIS
   27  PARAGRAPH  THAT IS LOCATED ON A STRATEGIC UPSTATE HIGHWAY OR WITHIN ONE-
   28  HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A  STRATEGIC  UPSTATE
   29  HIGHWAY  OR  FROM AN EVACUATION ROUTE SHALL BE PREWIRED BY NO LATER THAN
   30  APRIL FIRST, TWO THOUSAND FIFTEEN;
   31    (II) EACH RETAIL OUTLET BEGINNING OPERATION AFTER THE  EFFECTIVE  DATE
   32  OF  THIS  PARAGRAPH AND BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN THAT IS
   33  LOCATED ON A STRATEGIC UPSTATE HIGHWAY OR WITHIN ONE-HALF MILE  BY  ROAD
   34  MEASUREMENT  FROM AN EXIT ROAD ON A STRATEGIC UPSTATE HIGHWAY OR FROM AN
   35  EVACUATION ROUTE SHALL BE PREWIRED BY NO LATER  THAN  APRIL  FIRST,  TWO
   36  THOUSAND SIXTEEN; AND
   37    (III)  EACH RETAIL OUTLET THAT IS LOCATED WITHIN ONE-HALF MILE BY ROAD
   38  MEASUREMENT FROM AN EVACUATION ROUTE THAT IS DESIGNATED  AS  SUCH  AFTER
   39  THE  EFFECTIVE DATE OF THIS SECTION OR ON A STRATEGIC UPSTATE HIGHWAY OR
   40  WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A  STRATE-
   41  GIC UPSTATE HIGHWAY THAT IS ESTABLISHED AFTER THE EFFECTIVE DATE OF THIS
   42  PARAGRAPH  SHALL  BE  PREWIRED  WITHIN  ONE  YEAR OF SUCH DESIGNATION OR
   43  ESTABLISHMENT PROVIDED THAT FUNDING IS AVAILABLE AT SUCH  TIME  FOR  THE
   44  PROGRAM ESTABLISHED UNDER SUBDIVISION TWENTY OF SECTION EIGHTEEN HUNDRED
   45  FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW.
   46    (b)  Each  retail  outlet  for which a building permit is issued on or
   47  after April first, two thousand fourteen for  new  construction  or  for
   48  substantial  demolition  and  reconstruction,  shall be prewired with an
   49  appropriate transfer switch  for  using  an  alternate  generated  power
   50  source.
   51    (c) Such transfer switch and all associated electrical wiring shall be
   52  installed,  operated,  and  maintained in compliance with all applicable
   53  provisions of the New York state uniform fire  prevention  and  building
   54  code  or any applicable local building code or standard. Installation of
   55  appropriate wiring  and  transfer  switches  shall  be  performed  by  a
   56  licensed electrical contractor.
       S. 6357                            49                            A. 8557
    1    (d)  Each  retailer  shall keep on file at the retail outlet a written
    2  statement in a form approved by the department and containing an  attes-
    3  tation  by  a  licensed  electrician that the wiring and transfer switch
    4  were installed in accordance with the manufacturer's specifications.  In
    5  addition,  each  such  retailer  shall  maintain the wiring and transfer
    6  switch in accordance with the manufacturer's specifications.
    7    (e) Each retail outlet IN THE DOWNSTATE REGION  in  operation  on  the
    8  effective date of this section that sold less than seventy-five thousand
    9  gallons  of  motor fuel per month on average for the period they were in
   10  operation during the twelve months prior to the effective date shall  be
   11  exempt from the requirements of this subdivision.
   12    3.  Emergency deployment. In the event that a declaration of an energy
   13  or fuel supply emergency issued by the governor, the county executive of
   14  a county [in the downstate region] CONTAINING RETAIL OUTLETS SUBJECT  TO
   15  THE  PROVISIONS OF THIS SECTION or the mayor of a city with a population
   16  in excess of one million inhabitants is  in  effect,  a  retailer  of  a
   17  retail  outlet within any such county or city for which such declaration
   18  was issued shall deploy and install an alternate generated power  source
   19  as follows:
   20    (a)  For a retail outlet subject to the requirements of: (i) PARAGRAPH
   21  (A-1) OF SUBDIVISION TWO OF THIS SECTION OR subparagraphs (i),  (ii)  or
   22  (iii)  of paragraph (a) of subdivision two of this section or (ii) para-
   23  graph (b) of subdivision two of this section  that  is  located  in  the
   24  downstate  region and that is located within one-half mile by road meas-
   25  urement from an exit road on a controlled  access  highway  or  from  an
   26  evacuation  route, within twenty-four hours of such declaration, if such
   27  outlet is without power at  the  time  of  such  declaration.  Provided,
   28  however,  if  any such outlet loses power following such declaration and
   29  while the declaration is still in effect, then the  alternate  generated
   30  power source shall be deployed and installed within twenty-four hours of
   31  such loss of power.
   32    (b)  For  a  retail  outlet  prewired  pursuant to the requirements of
   33  subparagraph (iv) of paragraph (a) of subdivision two of  this  section,
   34  within  forty-eight hours of such declaration, if such outlet is without
   35  power at the time of such declaration. Provided, however,  if  any  such
   36  outlet  loses power following such declaration and while the declaration
   37  is still in effect, then the alternate generated power source  shall  be
   38  deployed and installed within forty-eight hours of the loss of power.
   39    3-a.  Declaration of energy or fuel supply emergency. Upon issuance of
   40  a declaration of an energy or fuel supply  emergency  pursuant  to  this
   41  subdivision,  a  county  executive of a county [in the downstate region]
   42  WHOSE RETAIL OUTLETS ARE SUBJECT TO THE PROVISIONS OF  THIS  SECTION  or
   43  mayor  of  a city with a population in excess of one million inhabitants
   44  who declared such emergency shall promptly notify the president  of  the
   45  New  York  state  energy research and development authority, the commis-
   46  sioner of homeland security and emergency services, and  impacted  resi-
   47  dents using such means as are practicable and efficient.
   48    4. Plan for alternate generated power source. Each retailer subject to
   49  subdivision  three of this section shall by the date of the installation
   50  of the prewiring and transfer switch required under subdivision  two  of
   51  this  section  have in place at each applicable retail outlet documenta-
   52  tion in a form approved by the department demonstrating a plan to deploy
   53  and install an alternate generated power source located at  such  retail
   54  outlet  as  required under subdivision three of this section.  Such plan
   55  shall take one of the following forms:
       S. 6357                            50                            A. 8557
    1    (a) a receipt or other documentation showing ownership of  such  power
    2  source;
    3    (b)  for  a  retailer subject to paragraph (a) of subdivision three of
    4  this section, documentation attesting to participation  in  the  program
    5  established  under  subdivision  twenty-one  of section eighteen hundred
    6  fifty-four of the public authorities law; or
    7    (c) a contract with a supplier of  such  power  source  providing  for
    8  deployment  and installation of such power source in compliance with the
    9  requirements of this section, or other documentation  demonstrating  the
   10  retailer's  ability  to  comply  with  the requirements of this section,
   11  which may include the generator deployment and installation  plan  of  a
   12  chain of retail outlets.
   13    5.  Inspection;  recordkeeping;  reporting.  The  commissioner  or the
   14  commissioner's designee shall be  authorized  to  enter  during  regular
   15  business  hours  upon  a  retail  outlet  subject to the requirements of
   16  subdivision two of this section for the purpose of  determining  compli-
   17  ance  with  the  provisions of this section and any rules or regulations
   18  promulgated hereunder. All documents required pursuant  to  subdivisions
   19  two  and  four  of  this  section  shall be maintained at the applicable
   20  retail outlet and made available to the commissioner or the  commission-
   21  er's  designee  upon  request.  In  addition,  each retailer of a retail
   22  outlet, except for retail outlets granted exemptions under paragraph (e)
   23  of subdivision two of this section, shall provide to the  department  by
   24  [April first, two thousand fourteen] THE DATE OF THE INSTALLATION OF THE
   25  PREWIRING  AND  TRANSFER  SWITCH  REQUIRED UNDER SUBDIVISION TWO OF THIS
   26  SECTION and every two years thereafter written documentation in  a  form
   27  approved  by  the  department  certifying  that such retail outlet is in
   28  compliance with the requirements of this section, and any other require-
   29  ment specified  by  any  rules  or  regulations  promulgated  hereunder;
   30  provided,  however, that, for each retail outlet that is part of a chain
   31  of retail outlets or to which subparagraph (ii) or  (iii)  of  paragraph
   32  (a),  SUBPARAGRAPH (III) OF PARAGRAPH (A-1) or paragraph (b) of subdivi-
   33  sion two applies, such written documentation shall be  provided  to  the
   34  department within ten days after the date of installation of the prewir-
   35  ing  and  transfer switch required to be installed under subdivision two
   36  of this section and every two years thereafter.
   37    6. Rules and regulations; notification of applicability.  The  commis-
   38  sioner shall have the authority, with the assistance of the commissioner
   39  of  transportation,  the commissioner of homeland security and emergency
   40  services, the president of the New York state energy research and devel-
   41  opment authority, the secretary of state and the  chair  of  the  public
   42  service  commission,  to  promulgate  such  rules and regulations as the
   43  commissioner shall deem necessary to effectuate  the  purposes  of  this
   44  section.  The  commissioner  shall by June first, two thousand thirteen:
   45  (a) notify by first class mail all existing retail outlets  that  appear
   46  to meet the criteria specified in subdivision two of this section of the
   47  requirements  of  this  section  and  include with such notification any
   48  other information deemed necessary by the commissioner, including infor-
   49  mation regarding applicability criteria, compliance measures and  poten-
   50  tial  grant assistance; (b) provide a list of all such retail outlets to
   51  the governor, the temporary president of the senate and the  speaker  of
   52  the  assembly;  and  (c)  post  such  list  on the department's website,
   53  PROVIDED HOWEVER THAT FOR RETAIL OUTLETS SUBJECT TO PARAGRAPH  (A-1)  OF
   54  SUBDIVISION TWO OF THIS SECTION, SUCH ACTIONS SHALL OCCUR BY JUNE FIRST,
   55  TWO THOUSAND FOURTEEN.  If approval of federal mitigation funds or other
   56  approved  resources for the program established under subdivision twenty
       S. 6357                            51                            A. 8557
    1  of section eighteen hundred fifty-four of  the  public  authorities  law
    2  occurs  after  June first, two thousand thirteen, the commissioner shall
    3  provide additional notification of such approval within thirty days. Any
    4  retailer  of  a retail outlet specified on such list shall be subject to
    5  the requirements of this section  unless  he  or  she  provides  written
    6  documentation  to  the department by August first, two thousand thirteen
    7  proving that such outlet  does  not  qualify,  or  is  eligible  for  an
    8  exemption  pursuant to paragraph (e) of subdivision two of this section;
    9  PROVIDED HOWEVER THAT FOR RETAIL OUTLETS SUBJECT TO PARAGRAPH  (A-1)  OF
   10  SUBDIVISION  TWO OF THIS SECTION, ANY RETAILER OF A RETAIL OUTLET SPECI-
   11  FIED ON SUCH LIST SHALL BE SUBJECT TO THE REQUIREMENTS OF  THIS  SECTION
   12  UNLESS  HE  OR  SHE  PROVIDES WRITTEN DOCUMENTATION TO THE DEPARTMENT BY
   13  AUGUST FIRST, TWO THOUSAND FOURTEEN PROVING THAT SUCH  OUTLET  DOES  NOT
   14  QUALIFY.  The commissioner shall update such list every five years ther-
   15  eafter,  OR  MORE  FREQUENTLY  AS  THE COMMISSIONER DEEMS NECESSARY, and
   16  notify all new retail outlets that become subject to the requirements of
   17  this section; provided, however, that compliance with  the  requirements
   18  of this section is not conditioned on such notification.
   19    7.  Violations  and penalties. Any retailer who violates any provision
   20  of this section, or any rule or regulation promulgated hereunder,  shall
   21  be  liable  to  the people of the state for a civil penalty of up to one
   22  thousand five hundred dollars per day for every such  violation,  to  be
   23  assessed by the commissioner, after a hearing or opportunity to be heard
   24  upon  due  notice  and  with  the right to representation by counsel. In
   25  determining the amount of civil penalty,  the  commissioner  shall  take
   26  into consideration mitigating factors, such as the availability of gaso-
   27  line  at  the  retail  outlet, provided that the retailer did not refuse
   28  such delivery, and the extent to which the retailer's action or inaction
   29  contributed to the violation. Such penalty may be recovered in an action
   30  brought by the attorney general at the request and in the  name  of  the
   31  commissioner  in any court of competent jurisdiction. Such civil penalty
   32  may be released or compromised by the commissioner before the matter has
   33  been referred to the attorney general. Additionally, after such  hearing
   34  and  a  finding  that  such retailer has violated the provisions of this
   35  section, or of  any  rule  or  regulation  promulgated  thereunder,  the
   36  commissioner  may issue and cause to be served upon such person an order
   37  enjoining such person from violating  such  provisions  and  taking  all
   38  necessary  actions  for  such  person  to come into compliance with such
   39  provisions. Any such order of the commissioner may  be  enforced  in  an
   40  action brought by the attorney general at the request and in the name of
   41  the commissioner in any court of competent jurisdiction.
   42    Notwithstanding the foregoing, such retailer shall not be in violation
   43  of  subdivision  three of this section if he or she is unable to deploy,
   44  install or operate an alternate generated power source because of uncon-
   45  trollable circumstances, including  but  not  limited  to,  restrictions
   46  imposed  by  public safety officers to address an emergency situation or
   47  that such retail station is made unsafe or unable to operate due to acts
   48  of God, fires, floods, explosions or the safety of personnel  needed  to
   49  operate  such retail outlet. Additionally, such retailer shall not be in
   50  violation of subdivision three of this section if he or she is a partic-
   51  ipant in the program established under subdivision twenty-one of section
   52  eighteen hundred fifty-four of the public authorities law and a  genera-
   53  tor  is  not  provided to the retailer due to the prioritization allowed
   54  under such subdivision or through no fault of the retailer.
       S. 6357                            52                            A. 8557
    1    8. This section shall not be construed  to  require  any  retailer  to
    2  maintain  set  business  hours  in the event of an energy or fuel supply
    3  emergency.
    4    9.  The  provisions  of this section shall supersede all local laws or
    5  ordinances in the downstate region AND IN COUNTIES IN THE UPSTATE REGION
    6  WHOSE RETAIL OUTLETS ARE SUBJECT  TO  THE  PROVISIONS  OF  THIS  SECTION
    7  relating  to  the  installation and deployment of an alternate generated
    8  power source or any related electrical or other equipment at any  retail
    9  outlet.
   10    10.  The  requirements  of  this  section  shall  be contingent on the
   11  approval of federal mitigation funds or other approved resources for the
   12  program established under subdivision twenty of section eighteen hundred
   13  fifty-four of the public authorities law. In  the  event  such  approval
   14  does  not  occur  as of June first, two thousand thirteen, all deadlines
   15  with a date of April first, two thousand fourteen shall  be  delayed  by
   16  the  amount  of time such approval is delayed past June first, two thou-
   17  sand thirteen.
   18    S 3. Subdivisions 20 and 21 of section 1854 of the public  authorities
   19  law,  as added by section 3 of part S of chapter 58 of the laws of 2013,
   20  are amended to read as follows:
   21    20. To administer a program, using funds provided for such purpose, to
   22  provide a grant based on standards and  guidelines  established  by  the
   23  authority for costs as follows:
   24    (a)  for  each  retail outlet that is in operation before April first,
   25  two thousand fourteen and is subject to the  requirements  of  paragraph
   26  (a)  of  subdivision  three  of  section one hundred ninety-two-h of the
   27  agriculture and markets law AND FOR EACH RETAIL OUTLET THAT IS IN OPERA-
   28  TION BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN  AND  IS  SUBJECT  TO  THE
   29  REQUIREMENTS  OF  PARAGRAPH  (A-1)  OF  SUBDIVISION  TWO  OF SECTION ONE
   30  HUNDRED NINETY-TWO-H OF THE AGRICULTURE AND MARKETS LAW:
   31    (i) no greater than ten thousand  dollars  required  to  prewire  such
   32  retail outlet with an appropriate transfer switch for using an alternate
   33  generated power source as defined in section one hundred ninety-two-h of
   34  the agriculture and markets law; or
   35    (ii)  no  greater  than  thirteen thousand dollars required to prewire
   36  such retail outlet with an appropriate  transfer  switch  for  using  an
   37  alternate generated power source as defined in section one hundred nine-
   38  ty-two-h  of  the  agriculture  and  markets law and purchase such power
   39  source to be permanently affixed at the site.
   40    (b) for each retail outlet that is in operation  before  April  first,
   41  two  thousand  fourteen  and is subject to the requirements of paragraph
   42  (b) of subdivision three of section  one  hundred  ninety-two-h  of  the
   43  agriculture  and  markets  law,  no  greater  than  ten thousand dollars
   44  required to: (i) prewire an existing retail outlet with  an  appropriate
   45  transfer switch for using an alternate generated power source as defined
   46  in  section one hundred ninety-two-h of the agriculture and markets law;
   47  and/or (ii) purchase such power source to be permanently affixed at  the
   48  site.
   49    (c)  to the extent funds are available, for retail outlets that become
   50  operational on or after April first, two thousand fourteen, or to  which
   51  subdivision  two  of section one hundred ninety-two-h of the agriculture
   52  and markets law becomes applicable after  the  effective  date  of  this
   53  subdivision,  which  grants  shall  otherwise  be  subject  to  the same
   54  amounts, purposes and restrictions as paragraphs (a)  and  (b)  of  this
   55  subdivision.
       S. 6357                            53                            A. 8557
    1    The  authority  may  offer any funds provided for such purpose and not
    2  expended to retail outlets that are not  required  to  comply  with  the
    3  requirements  of  subdivision two of section one hundred ninety-two-h of
    4  the agriculture and markets law but that seek  to  participate  in  such
    5  program.
    6    21.  To  administer  a  program  to establish a pool of generators for
    7  retail outlets as defined in section one  hundred  ninety-two-h  of  the
    8  agriculture  and markets law. The authority may enter into or facilitate
    9  contracts, lease agreements and any other  instruments  subject  to  the
   10  provisions  of  law,  with  companies providing generators and generator
   11  services to provide for such pool and the deployment and installation of
   12  generators in the pool. Retail outlets that elect to participate in  the
   13  program and are subject to the requirements of PARAGRAPH (A-1) OF SUBDI-
   14  VISION  TWO OR paragraph (a) of subdivision three of section one hundred
   15  ninety-two-h of the agriculture and markets law shall be  required  only
   16  to  pay the actual cost of generator rental, deployment and installation
   17  in the event that emergency deployment is  required,  provided,  that  a
   18  participant must abide by the terms of any contract or written agreement
   19  covering  the  rental, deployment and installation of such generator. In
   20  the event that an insufficient number of generators is available to meet
   21  required emergency deployment, the authority in  consultation  with  the
   22  commissioner  of  homeland  security and emergency services shall prior-
   23  itize such retail outlets as are most essential  to  public  safety  and
   24  well-being  during  the energy or fuel supply emergency. When generators
   25  from such program are  deployed,  the  authority  shall  provide  public
   26  notice  on its website, to the media and through other means practicable
   27  of those retail outlets where generators are deployed.
   28    S 4. This act shall take effect immediately.
   29                                   PART N
   30    Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
   31  executive  law  relating to permitting the secretary of state to provide
   32  special handling for all documents filed or issued by  the  division  of
   33  corporations  and to permit additional levels of such expedited service,
   34  as amended by section 1 of part P of chapter 58 of the laws of 2013,  is
   35  amended to read as follows:
   36    S  2.  This  act shall take effect immediately, provided however, that
   37  section one of this act shall be deemed to have been in full  force  and
   38  effect  on  and  after  April  1, 2003 and shall expire March 31, [2014]
   39  2015.
   40    S 2. This act shall take effect immediately and  shall  be  deemed  to
   41  have been in full force and effect on and after March 31, 2014.
   42                                   PART O
   43    Section  1.  Paragraph  (g) of section 104 of the business corporation
   44  law, as amended by chapter 375 of the laws of 1998, is amended  to  read
   45  as follows:
   46    (g)  The  department shall make, certify and transmit ELECTRONICALLY a
   47  copy of each such instrument to the clerk of the  county  in  which  the
   48  office  of  the  domestic or foreign corporation is or is to be located.
   49  The county clerk shall file and index such copy.
   50    S 2.  Paragraph (g) of section 104 of the  not-for-profit  corporation
   51  law,  as  amended by chapter 375 of the laws of 1998, is amended to read
   52  as follows:
       S. 6357                            54                            A. 8557
    1    (g)  The department shall make, certify and transmit ELECTRONICALLY  a
    2  copy  of  each  such  instrument to the clerk of the county in which the
    3  office of the domestic or foreign corporation is or is  to  be  located.
    4  The county clerk shall file and index such copy.
    5    S 3. This act shall take effect immediately.
    6                                   PART P
    7    Section  1.  Subdivision  2  of section 160-f of the executive law, as
    8  amended by chapter 397 of the laws  of  1991,  is  amended  to  read  as
    9  follows:
   10    2. Notwithstanding any other law, the department may transmit an annu-
   11  al  registry  fee  [of  not more than twenty-five dollars] AS SET BY THE
   12  FEDERAL  APPRAISAL  SUBCOMMITTEE  IN  ACCORDANCE  WITH  12  U.S.C.  3338
   13  (A)(4)(A)   from  such  individuals  who  perform  or  seek  to  perform
   14  appraisals in federally related transactions and to transmit a roster of
   15  such individuals to the Appraisal Subcommittee of the Federal  Financial
   16  Institutions  Examination  Council as required by Title XI of the Finan-
   17  cial Institutions Reform, Recovery, and Enforcement Act of 1989.
   18    S 2. This act shall take effect immediately.
   19                                   PART Q
   20    Section 1. Notwithstanding any other law, rule or  regulation  to  the
   21  contrary,  expenses of the department of health public service education
   22  program incurred pursuant to appropriations from  the  cable  television
   23  account of the state miscellaneous special revenue funds shall be deemed
   24  expenses of the department of public service.
   25    S  2.  This  act  shall take effect immediately and shall be deemed to
   26  have been in full force and effect on and after April 1, 2014.
   27                                   PART R
   28    Section 1. Section 5 of the public service law is amended by adding  a
   29  new subdivision 7 to read as follows:
   30    7.  (A)  THE  COMMISSION  MAY,  AFTER NOTICE AND HEARING, FORBEAR FROM
   31  APPLYING THE PROVISIONS OF SUBDIVISION TWO  OF  SECTION  NINETY-ONE  AND
   32  SECTION  NINETY-TWO,  NINETY-NINE,  ONE  HUNDRED, ONE HUNDRED ONE OR ONE
   33  HUNDRED ONE-A OF THIS CHAPTER  TO  A  TELEPHONE  CORPORATION,  TELEPHONE
   34  SERVICE,  OR  CLASS  OF  TELEPHONE CORPORATIONS OR TELEPHONE SERVICES AS
   35  DEFINED IN COMMISSION REGULATIONS,  IN  ANY  GEOGRAPHIC  MARKET  UPON  A
   36  DETERMINATION THAT:
   37    (I)  APPLICATION  OF  A  PROVISION IS NOT NECESSARY TO ENSURE JUST AND
   38  REASONABLE RATES AND CHARGES AND RATES THAT ARE NOT UNJUSTLY  OR  UNREA-
   39  SONABLY DISCRIMINATORY;
   40    (II)  APPLICATION  OF  A  PROVISION IS NOT NECESSARY FOR PROTECTION OF
   41  CONSUMERS; AND
   42    (III) FORBEARANCE FROM APPLYING A PROVISION  IS  CONSISTENT  WITH  THE
   43  PUBLIC INTEREST, INCLUDING, BUT NOT LIMITED TO, PROMOTION OF COMPETITIVE
   44  MARKET CONDITIONS AND COMPETITION AMONG PROVIDERS OF TELEPHONE SERVICES.
   45    (B)  ANY TELEPHONE CORPORATION OR SUCH CLASS OF TELEPHONE CORPORATIONS
   46  MAY PETITION THE COMMISSION FOR EXERCISE OF THE AUTHORITY GRANTED  UNDER
   47  THIS SUBDIVISION.
   48    S  2.  Paragraph  (d)  of  subdivision  5  of section 52 of the public
   49  service law, as added by chapter 186 of the laws of 1995, is amended  to
   50  read as follows:
       S. 6357                            55                            A. 8557
    1    (d)  when  such determination follows a customer complaint regarding a
    2  shared meter condition or a utility discovery of a shared  meter  condi-
    3  tion  that  is  not  in  response  to  an  owner's request for a utility
    4  inspection for a shared meter condition, with respect to utility service
    5  billed  after  December  first, nineteen hundred ninety-six, the utility
    6  shall comply with the provisions of paragraphs (a), (b) and (c) of  this
    7  subdivision,  and  further bill the owner and refund to the shared meter
    8  customer an estimated amount of THE charges for [twelve months]  TWENTY-
    9  FIVE  PERCENT  of  all  service  measured by the shared meter FOR TWELVE
   10  MONTHS; provided, however, that this paragraph  shall  not  apply  to  a
   11  shared  meter  condition if service measured through the shared meter is
   12  minimal under commission rules adopted pursuant to subdivision eight  of
   13  this section[. An owner so billed] OR IN THE EVENT AN OWNER, PURSUANT TO
   14  SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, IS
   15  EXCUSED  FROM  CORRECTING THE SHARED METER CONDITION BY A LEGAL PROHIBI-
   16  TION OR EXORBITANT COST AS DEFINED BY COMMISSION RULES ADOPTED  PURSUANT
   17  TO  SUBDIVISION EIGHT OF THIS SECTION. A SHARED METER CUSTOMER may peti-
   18  tion the commission or its designee for a determination that the  amount
   19  of  such  [bill is excessive] ASSESSMENT IS UNSATISFACTORY and that such
   20  bill and refund be adjusted [accordingly]; provided,  however,  [neither
   21  the  adjusted  bill  nor]  THAT  the adjusted refund shall [be less than
   22  twenty-five percent of] NOT EXCEED the  total  amount  of  the  original
   23  bill.  [The  commission  is  authorized to make such a determination and
   24  adjustment if it finds that a bill and refund of twelve months'  charges
   25  is  unduly  burdensome  and  unfair.]  In  making such determination the
   26  commission or its designee shall consider the total amount of  the  bill
   27  and refund in relation to the shared area charges over such twelve month
   28  period  and  any  other equitable factors established by the commission;
   29  and
   30    S 3. Section 221 of the public service law, as added by chapter 83  of
   31  the laws of 1995, is amended to read as follows:
   32    S 221. Certificate  of  confirmation.  1.  Except  as provided in this
   33  section, no person shall exercise a franchise,  and  no  such  franchise
   34  shall  be effective, [until the commission has confirmed such franchise.
   35  A person wishing to exercise a franchise shall file with the  commission
   36  an  application  for  a  certificate  of  confirmation  in such form and
   37  containing such information and supportive documentation as the  commis-
   38  sion  may  require.  The  application  shall  be accompanied by proof of
   39  service thereof upon the franchisor and by such fee  as  the  commission
   40  may  set] UNLESS A COPY OF SUCH FRANCHISE HAS BEEN APPROVED BY THE MUNI-
   41  CIPALITY, AND PROPERLY FILED WITH THE COMMISSION WITHIN THIRTY  DAYS  OF
   42  MUNICIPAL  APPROVAL.  SUCH  FRANCHISE SHALL BE SUBJECT, AT A MINIMUM, TO
   43  THE FRANCHISING STANDARDS SET FORTH IN THIS ARTICLE AND  THE  RULES  AND
   44  REGULATIONS PROMULGATED THEREUNDER BY THE COMMISSION.
   45    2. A FRANCHISE SHALL BE DEEMED GRANTED FORTY-FIVE DAYS AFTER THE FRAN-
   46  CHISE  IS  FILED  PURSUANT TO SUBDIVISION ONE OF THIS SECTION UNLESS THE
   47  COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERI-
   48  OD THAT THE PUBLIC INTEREST REQUIRES THE COMMISSION'S REVIEW AND WRITTEN
   49  ORDER.
   50    [2.] 3. The commission may hold a public hearing  on  any  application
   51  for  a  certificate of confirmation if it determines that such a hearing
   52  is in the public interest. The commission shall fix the time  and  place
   53  for  such  a  hearing and cause notice thereof to be given to the appli-
   54  cant, the chief executive officer of the municipality issuing the  fran-
   55  chise  and  such  other  persons as the commission may deem appropriate.
       S. 6357                            56                            A. 8557
    1  Testimony may be taken and evidence received at such a hearing  pursuant
    2  to such rules and procedures as the commission may establish.
    3    [3.]  4.  [The commission shall issue a] A certificate of confirmation
    4  of the franchise [unless it  finds  that  (a)  the  applicant,  (b)  the
    5  proposed cable television system, or (c) the proposed franchise does not
    6  conform  to  the standards established in the regulations promulgated by
    7  the commission pursuant  to  subdivision  two  of  section  two  hundred
    8  fifteen,  or  that  operation of the proposed cable television system by
    9  the applicant under the proposed cable television system by  the  appli-
   10  cant  under  the  proposed  franchise  would be in violation of law, any
   11  regulation or standard promulgated  by  the  commission  or  the  public
   12  interest.] SHALL BE DEEMED CONFIRMED FORTY-FIVE DAYS AFTER THE FRANCHISE
   13  IS  FILED PURSUANT TO SUBDIVISION ONE OF THIS SECTION UNLESS THE COMMIS-
   14  SION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERIOD THAT
   15  THE PUBLIC INTEREST REQUIRES THE COMMISSION'S REVIEW AND WRITTEN ORDER.
   16    [4.] 5. The commission may issue a certificate of confirmation contin-
   17  gent upon compliance with standards, terms  or  conditions  set  by  the
   18  commission which it determines would not have been met by the applicant,
   19  system or franchise as proposed.
   20    [5.]  6. In the event the commission refuses to issue a certificate of
   21  confirmation, it shall set forth in writing the reasons  for  its  deci-
   22  sion.
   23    [6. Any cable television company which, pursuant to any existing fran-
   24  chise,  (i)  was  lawfully  engaged  in  actual  operations for (ii) had
   25  commenced substantial construction (as  such  term  is  defined  by  the
   26  commission)  of  a  cable  television  system on January first, nineteen
   27  hundred seventy-two may continue to exercise said franchise pursuant  to
   28  the  terms  thereof, provided such company files with the commission, on
   29  or before July first, nineteen hundred seventy-three an  application  in
   30  such  form  and containing such information and supporting documentation
   31  as the commission may require. The commission shall issue a  certificate
   32  of  confirmation to such a cable television company valid for five years
   33  without further proceedings, which certificate may  be  renewed  by  the
   34  commission on application for five year terms pursuant to the provisions
   35  of section two hundred twenty-two.
   36    7.  Notwithstanding  any  other  provisions of this article, any cable
   37  television company engaged in  actual  and  lawful  nonfranchised  cable
   38  television  operations  on  April first, nineteen hundred seventy-three,
   39  that applied for a certificate of confirmation on  or  before  September
   40  first,  nineteen  hundred seventy-four and received a certificate, valid
   41  for a five year period, may continue to operate within the limits of the
   42  area in which it was actually rendering service on April first, nineteen
   43  hundred seventy-three, as determined by the commission.  Such a  certif-
   44  icate  of  confirmation  may be renewed by the commission on application
   45  for five year terms pursuant to the provisions of  section  two  hundred
   46  twenty-two  of  this  article.  Any such company which failed to file an
   47  application pursuant to this section on or before September first, nine-
   48  teen hundred seventy-four, shall thereafter be prohibited from  continu-
   49  ing  operation  of  a  nonfranchised  cable  television system, provided
   50  however, that the commission may authorize such continued  nonfranchised
   51  operation in extraordinary circumstances for such periods as the commis-
   52  sion may deem appropriate.
   53    8. Nothing in this section shall be deemed to validate a franchise not
   54  granted  in  accordance  with  law or affect any claims in litigation on
   55  January first, nineteen hundred seventy-three.   No  confirmation  under
       S. 6357                            57                            A. 8557
    1  this  section  shall  preclude  invalidation  of any franchise illegally
    2  obtained.
    3    9.]  7.  Confirmation  by  the  commission and duties performed by the
    4  commission with respect to its regulation of cable television  providers
    5  under this article shall not be deemed to constitute "supervision of the
    6  state  department  of  public service" for the purpose of the meaning of
    7  such phrase as it is  used  in  describing  those  utilities  which  are
    8  subject  to tax on a gross income basis under section one hundred eight-
    9  y-six-a of the tax law or pursuant to section twenty-b  of  the  general
   10  city  law  and subdivision one of section [five hundred thirty] 5-530 of
   11  the village law.
   12    S 4. Section 222 of the public service  law  is  REPEALED  and  a  new
   13  section 222 is added to read as follows:
   14    S  222.  RENEWAL OR AMENDMENT OF FRANCHISES.  1. EXCEPT AS PROVIDED IN
   15  THIS SECTION, NO PERSON SHALL RENEW OR AMEND A FRANCHISE RENEWAL, AND NO
   16  SUCH RENEWAL OR AMENDMENT SHALL BE EFFECTIVE,  UNLESS  A  COPY  OF  SUCH
   17  RENEWAL OR AMENDMENT HAS BEEN APPROVED BY THE MUNICIPALITY, AND PROPERLY
   18  FILED WITH THE COMMISSION WITHIN THIRTY DAYS OF MUNICIPAL APPROVAL. SUCH
   19  RENEWAL  OR AMENDMENT SHALL BE SUBJECT, AT A MINIMUM, TO THE FRANCHISING
   20  STANDARDS SET FORTH IN  THIS  ARTICLE  AND  THE  RULES  AND  REGULATIONS
   21  PROMULGATED THEREUNDER BY THE COMMISSION.
   22    2.  RENEWALS  AND  AMENDMENTS  SHALL BE DEEMED GRANTED FORTY-FIVE DAYS
   23  AFTER THE RENEWAL OR AMENDMENT IS FILED PURSUANT TO SUBDIVISION  ONE  OF
   24  THIS  SECTION  UNLESS THE COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN
   25  SUCH FORTY-FIVE DAY PERIOD THAT THE PUBLIC INTEREST REQUIRES THE COMMIS-
   26  SION'S REVIEW AND WRITTEN ORDER.
   27    S 5. The public service law is amended by adding a new  section  222-a
   28  to read as follows:
   29    S  222-A.  TRANSFER  OF  FRANCHISES AND TRANSFER OF CONTROL OVER FRAN-
   30  CHISES AND SYSTEM PROPERTIES. 1. NO TRANSFER OF ANY  FRANCHISE,  OR  ANY
   31  TRANSFER  OF CONTROL OF A FRANCHISE OR CERTIFICATE OF CONFIRMATION OR OF
   32  FACILITIES CONSTITUTING A  SIGNIFICANT  PART  OF  ANY  CABLE  TELEVISION
   33  SYSTEM  SHALL BE EFFECTIVE WITHOUT THE PRIOR APPROVAL OF THE COMMISSION.
   34  SUCH APPROVAL SHALL BE REQUIRED IN ADDITION TO  ANY  MUNICIPAL  APPROVAL
   35  REQUIRED  UNDER  THE  FRANCHISE  OR  BY  LAW.  FOR  THE PURPOSES OF THIS
   36  SECTION, A MERGER OR CONSOLIDATION  OF  TWO  OR  MORE  CABLE  TELEVISION
   37  COMPANIES  SHALL BE DEEMED TO BE A TRANSFER OF THE FRANCHISES OR CERTIF-
   38  ICATES GRANTED TO SUCH COMPANIES.
   39    2. A PERSON WISHING TO TRANSFER A FRANCHISE, OR TO TRANSFER CONTROL OF
   40  A FRANCHISE OR OF A SUBSTANTIAL PART OF  THE  FACILITIES  THEREOF  SHALL
   41  FILE  WITH THE COMMISSION AN APPLICATION FOR APPROVAL OF SUCH CHANGE, IN
   42  SUCH FORM AND CONTAINING SUCH INFORMATION AND  SUPPORTING  DOCUMENTS  AS
   43  THE  COMMISSION  MAY  REQUIRE.  THE  APPLICATION SHALL BE ACCOMPANIED BY
   44  PROOF OF SERVICE THEREOF UPON THE FRANCHISOR, IF ANY, AND BY SUCH FEE AS
   45  THE COMMISSION MAY SET. THE COMMISSION MAY HOLD A PUBLIC HEARING ON  ANY
   46  SUCH APPLICATION.
   47    3.  THE  COMMISSION SHALL APPROVE THE APPLICATION UNLESS IT FINDS THAT
   48  THE APPLICANT, THE PROPOSED TRANSFEREE OR THE  CABLE  TELEVISION  SYSTEM
   49  DOES NOT CONFORM TO THE STANDARDS ESTABLISHED IN THE REGULATIONS PROMUL-
   50  GATED  BY THE COMMISSION PURSUANT TO THIS ARTICLE OR THAT APPROVAL WOULD
   51  BE IN VIOLATION OF LAW, ANY REGULATION OR STANDARD  PROMULGATED  BY  THE
   52  COMMISSION  OR  THE PUBLIC INTEREST, PROVIDED HOWEVER, THAT A FAILURE TO
   53  CONFORM TO THE STANDARDS ESTABLISHED IN THE REGULATIONS  PROMULGATED  BY
   54  THE  COMMISSION  SHALL  NOT PRECLUDE APPROVAL OF ANY SUCH APPLICATION IF
   55  THE COMMISSION FINDS THAT SUCH APPROVAL WOULD SERVE THE PUBLIC INTEREST.
       S. 6357                            58                            A. 8557
    1    4. THE COMMISSION MAY APPROVE THE APPLICATION CONTINGENT UPON  COMPLI-
    2  ANCE  WITH STANDARDS, TERMS OR CONDITIONS SET BY THE COMMISSION WHICH IT
    3  DETERMINES WOULD NOT HAVE BEEN MET BY THE PROPOSED TRANSFER OF  A  FRAN-
    4  CHISE.
    5    5.  IN THE EVENT THE COMMISSION REFUSES TO APPROVE THE APPLICATION, IT
    6  SHALL SET FORTH IN WRITING THE REASONS FOR ITS DECISION.
    7    6. APPROVAL OF A TRANSFER OF A FRANCHISE UNDER THIS SECTION SHALL  NOT
    8  PRECLUDE INVALIDATION OF A FRANCHISE ILLEGALLY OBTAINED.
    9    S  6.  This act shall take effect immediately; provided, however, that
   10  sections three, four and five of this  act  shall  apply  to  franchises
   11  filed on or after the date this act shall have become a law.
   12                                   PART S
   13    Section  1. Paragraphs (a) and (b) of subdivision 6 of section 18-a of
   14  the public service law, paragraph (a) as amended by section 1 of part BB
   15  of chapter 59 of the laws of  2013  and  paragraph  (b)  as  amended  by
   16  section  2  of part A of chapter 173 of the laws of 2013, are amended to
   17  read as follows:
   18    (a) Notwithstanding any provision of law to the contrary, and  subject
   19  to the exceptions provided for in paragraph (b) of this subdivision, for
   20  the  state  fiscal  year beginning on April first, two thousand nine and
   21  eight state fiscal  years  thereafter,  a  temporary  annual  assessment
   22  (hereinafter  "temporary  state  energy and utility service conservation
   23  assessment") is hereby imposed on public utility  companies  [(including
   24  for  the  purposes of this subdivision municipalities other than munici-
   25  palities as defined in section eighty-nine-l of this  chapter)],  corpo-
   26  rations  (including  for  purposes  of  this subdivision the Long Island
   27  power authority), and persons subject  to  the  commission's  regulation
   28  (hereinafter  such  public  utility companies, corporations, and persons
   29  are referred to collectively as the "utility entities") to encourage the
   30  conservation of energy and  other  resources  provided  through  utility
   31  entities,  to  be  assessed  in the manner provided in this subdivision;
   32  provided, however, that such assessment shall not be imposed upon (1)  A
   33  telephone  [corporations  as defined in subdivision seventeen of section
   34  two of this article] CORPORATION, AND (2) A WATER-WORKS CORPORATION; AND
   35  PROVIDED, FURTHER, THAT SUCH ASSESSMENT SHALL NOT BE  IMPOSED  UPON  THE
   36  GROSS  OPERATING REVENUES DERIVED FROM: (I) AN ELECTRIC CUSTOMER ACCOUNT
   37  WITH A MONTHLY PEAK DEMAND OF ONE THOUSAND KILOWATTS OR MORE IN THE LAST
   38  PRECEDING CALENDAR YEAR AS DETERMINED PURSUANT TO THE  UTILITY  ENTITY'S
   39  TARIFF,  AND  (II)  A GAS CUSTOMER ACCOUNT WITH AN ANNUAL CONSUMPTION IN
   40  THE LAST PRECEDING CALENDAR YEAR OF ONE HUNDRED THOUSAND  DEKATHERMS  OR
   41  MORE AS DETERMINED PURSUANT TO THE UTILITY ENTITY'S TARIFF.
   42    (b)  The  temporary  state  energy  and  utility  service conservation
   43  assessment shall APPLY ONLY TO THOSE CORPORATIONS  AND  GROSS  OPERATING
   44  REVENUES  NOT EXEMPTED IN PARAGRAPH (A) OF THIS SUBDIVISION AND SHALL be
   45  based upon the following percentum of the utility entity's gross operat-
   46  ing revenues derived from intrastate  utility  operations  in  the  last
   47  preceding  calendar  year,  minus  the amount, if any, that such utility
   48  entity is assessed pursuant to subdivisions one and two of this  section
   49  for  the  corresponding state fiscal year period:  (1) two percentum for
   50  the state fiscal year beginning  April  first,  two  thousand  thirteen;
   51  [and]  (2)  1.89  PERCENTUM  FOR  the  state fiscal year beginning April
   52  first, two thousand fourteen; [(2)  one  and  three-quarters]  (3)  1.13
   53  percentum  for the state fiscal year beginning April first, two thousand
   54  fifteen; and [(3) one and one-half] (4) 0.83  percentum  for  the  state
       S. 6357                            59                            A. 8557
    1  fiscal  year beginning April first, two thousand sixteen.  A PAYMENT FOR
    2  SUCH ASSESSMENT RECEIVED BY A UTILITY ENTITY FOR THE STATE  FISCAL  YEAR
    3  BEGINNING  APRIL  FIRST,  TWO  THOUSAND  FOURTEEN AND THEREAFTER FOR (I)
    4  ELECTRIC  CUSTOMER  ACCOUNTS  WITH A MONTHLY PEAK DEMAND OF ONE THOUSAND
    5  KILOWATTS OR MORE IN THE LAST  PRECEDING  CALENDAR  YEAR  AS  DETERMINED
    6  PURSUANT  TO THE UTILITY ENTITY'S TARIFF, AND (II) GAS CUSTOMER ACCOUNTS
    7  WITH AN ANNUAL CONSUMPTION IN THE LAST PRECEDING CALENDAR  YEAR  OF  ONE
    8  HUNDRED THOUSAND DEKATHERMS OR MORE AS DETERMINED PURSUANT TO THE UTILI-
    9  TY  ENTITY'S  TARIFF,  SHALL BE CREDITED TO SUCH CUSTOMER BY THE UTILITY
   10  ENTITY, NO LESS FREQUENTLY THAN SEMI-ANNUALLY AND  IN  SUCH  MANNER  AND
   11  FORM  AS MAY BE DETERMINED BY THE DEPARTMENT. With respect to the tempo-
   12  rary state energy and utility service conservation assessment to be paid
   13  for the state fiscal year beginning April first, two thousand  seventeen
   14  and  notwithstanding clause (i) of paragraph (d) of this subdivision, on
   15  or before March tenth, two thousand seventeen,  utility  entities  shall
   16  make a payment equal to one-half of the assessment paid by such entities
   17  pursuant  to this paragraph for the state fiscal year beginning on April
   18  first, two thousand sixteen. With  respect  to  the  Long  Island  power
   19  authority,  the  temporary state energy and utility service conservation
   20  assessment shall APPLY ONLY TO THE GROSS OPERATING REVENUES NOT EXEMPTED
   21  IN PARAGRAPH (A) OF THIS SUBDIVISION AND SHALL be based upon the follow-
   22  ing percentum of such authority's gross operating revenues derived  from
   23  intrastate utility operations in the last preceding calendar year, minus
   24  the amount, if any, that such authority is assessed pursuant to subdivi-
   25  sions  one-a  and two of this section for the corresponding state fiscal
   26  year period: (1) one percentum for the state fiscal year beginning April
   27  first, two thousand thirteen; [and] (2) 0.95  PERCENTUM  FOR  the  state
   28  fiscal  year  beginning  April first, two thousand fourteen; [(2) three-
   29  quarters of one] (3) 0.54 percentum for the state fiscal year  beginning
   30  April first, two thousand fifteen; and [(3) one-half] (4) 0.36 percentum
   31  for  the  state fiscal year beginning April first, two thousand sixteen;
   32  provided, however, that should the amount assessed by the department for
   33  costs and expenses pursuant to such subdivisions equal  or  exceed  such
   34  authority's  temporary  state  energy  and  utility service conservation
   35  assessment for a particular fiscal year, the amount  to  be  paid  under
   36  this  subdivision  by  such authority shall be zero.  A PAYMENT FOR SUCH
   37  ASSESSMENT RECEIVED FOR THE STATE FISCAL YEAR BEGINNING APRIL FIRST, TWO
   38  THOUSAND FOURTEEN AND THEREAFTER FOR ELECTRIC CUSTOMER ACCOUNTS  WITH  A
   39  MONTHLY  PEAK  DEMAND  OF  ONE  THOUSAND  KILOWATTS  OR MORE IN THE LAST
   40  PRECEDING CALENDAR YEAR AS DETERMINED BY THE AUTHORITY'S TARIFF SHALL BE
   41  CREDITED TO SUCH CUSTOMER BY THE  AUTHORITY,  NO  LESS  FREQUENTLY  THAN
   42  SEMI-ANNUALLY  AND  IN  SUCH MANNER AND FORM AS MAY BE DETERMINED BY THE
   43  AUTHORITY, IN CONSULTATION WITH THE  DEPARTMENT.  With  respect  to  the
   44  temporary state energy and utility service conservation assessment to be
   45  paid  for  the  state  fiscal  year  beginning April first, two thousand
   46  seventeen and notwithstanding clause (i) of paragraph (d) of this subdi-
   47  vision, on or before March  tenth,  two  thousand  seventeen,  the  Long
   48  Island  power  authority  shall  make a payment equal to one-half of the
   49  assessment it paid for the state fiscal year beginning on  April  first,
   50  two  thousand sixteen. No corporation or person subject to the jurisdic-
   51  tion of the commission only with respect to safety, or the power author-
   52  ity of the state of New York, shall be subject to  the  temporary  state
   53  energy  and  utility  service conservation assessment provided for under
   54  this subdivision. Utility entities whose gross operating  revenues  from
   55  intrastate  utility operations are five hundred thousand dollars or less
   56  in the preceding calendar year shall not be  subject  to  the  temporary
       S. 6357                            60                            A. 8557
    1  state  energy  and  utility service conservation assessment. The minimum
    2  temporary state energy and utility service conservation assessment to be
    3  billed to any utility entity whose gross revenues from intrastate utili-
    4  ty  operations  are  in  excess  of five hundred thousand dollars in the
    5  preceding calendar year shall be two hundred dollars.
    6    S 2. This act shall take effect immediately and  shall  be  deemed  to
    7  have been in full force and effect on and after April 1, 2014; provided,
    8  however,  that  the  amendments  to subdivision 6 of section 18-a of the
    9  public service law made by section one of this act shall not affect  the
   10  repeal of such subdivision and shall be deemed to be repealed therewith.
   11                                   PART T
   12    Section  1. The opening paragraph of section 5102 of the insurance law
   13  is amended and a new subsection (n) is added to read as follows:
   14    In this [chapter] ARTICLE:
   15    (N) "PROVIDER OF HEALTH SERVICES" MEANS AN INDIVIDUAL OR ENTITY WHO OR
   16  THAT RENDERS OR HAS RENDERED HEALTH SERVICES.
   17    S 2. Section 5109 of the insurance law, as added by chapter 423 of the
   18  laws of 2005, is amended to read as follows:
   19    S 5109. Unauthorized providers of health  services.  (a)  [The  super-
   20  intendent,  in  consultation  with  the  commissioner  of health and the
   21  commissioner of education, shall by regulation, promulgate standards and
   22  procedures for investigating and suspending  or  removing  the  authori-
   23  zation for providers of health services to demand or request payment for
   24  health  services  as  specified  in  paragraph  one of subsection (a) of
   25  section five thousand one hundred two  of  this  article  upon  findings
   26  reached  after  investigation pursuant to this section. Such regulations
   27  shall ensure the same  or  greater  due  process  provisions,  including
   28  notice  and opportunity to be heard, as those afforded physicians inves-
   29  tigated under article two of the workers'  compensation  law  and  shall
   30  include  provision for notice to all providers of health services of the
   31  provisions of this section and  regulations  promulgated  thereunder  at
   32  least  ninety days in advance of the effective date of such regulations]
   33  AS USED IN THIS SECTION, "HEALTH  SERVICES"  MEANS  SERVICES,  SUPPLIES,
   34  THERAPIES,  OR  OTHER TREATMENTS AS SPECIFIED IN SUBPARAGRAPH (I), (II),
   35  OR (IV) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION FIVE THOUSAND  ONE
   36  HUNDRED TWO OF THIS ARTICLE.
   37    (b)  [The  commissioner  of  health  and the commissioner of education
   38  shall provide a list of the names of all providers  of  health  services
   39  who  the  commissioner of health and the commissioner of education shall
   40  deem, after  reasonable  investigation,  not  authorized  to  demand  or
   41  request  any  payment  for medical services in connection with any claim
   42  under this article because  such]  THE  SUPERINTENDENT  MAY  PROHIBIT  A
   43  provider  of  health  services  FROM DEMANDING OR REQUESTING PAYMENT FOR
   44  HEALTH SERVICES RENDERED UNDER THIS ARTICLE, FOR A PERIOD  SPECIFIED  BY
   45  THE  SUPERINTENDENT,  IF THE SUPERINTENDENT DETERMINES, AFTER NOTICE AND
   46  HEARING, THAT THE PROVIDER OF HEALTH SERVICES:
   47    (1) has ADMITTED TO, OR been FOUND guilty of, professional [or  other]
   48  misconduct  [or  incompetency],  AS  DEFINED  IN  THE  EDUCATION LAW, in
   49  connection with [medical] HEALTH services rendered under  this  article;
   50  [or]
   51    (2)  [has exceeded the limits of his or her professional competence in
   52  rendering medical care under this article or] has knowingly made a false
   53  statement or representation as to a material fact in any medical  report
       S. 6357                            61                            A. 8557
    1  made,  OR  DOCUMENT  SUBMITTED,  in connection with any claim under this
    2  article; or
    3    (3)  solicited,  or  [has]  employed  another  PERSON  to  solicit for
    4  [himself or herself] THE PROVIDER OF HEALTH SERVICES  or  [for]  another
    5  INDIVIDUAL OR ENTITY, professional treatment, examination or care of [an
    6  injured] A person in connection with any claim under this article; [or]
    7    (4)  [has]  refused to appear before, or [to] answer ANY QUESTION upon
    8  request of, the [commissioner of health, the] superintendent[,]  or  any
    9  duly  authorized  officer  of [the] THIS state, [any legal question,] or
   10  REFUSED to produce any relevant information concerning [his or her]  THE
   11  conduct OF THE PROVIDER OF HEALTH SERVICES in connection with [rendering
   12  medical] HEALTH services RENDERED under this article; [or]
   13    (5) [has] engaged in [patterns] A PATTERN of billing for:
   14    (A)  HEALTH  services [which] ALLEGED TO HAVE BEEN RENDERED UNDER THIS
   15  ARTICLE, WHEN THE HEALTH SERVICES were not [provided.] RENDERED; OR
   16    (B) UNNECESSARY HEALTH SERVICES;
   17    (6) UTILIZED UNLICENSED PERSONS TO RENDER HEALTH SERVICES  UNDER  THIS
   18  ARTICLE, WHEN ONLY A PERSON LICENSED IN THIS STATE MAY RENDER THE HEALTH
   19  SERVICES;
   20    (7)  UTILIZED LICENSED PERSONS TO RENDER HEALTH SERVICES, WHEN RENDER-
   21  ING THE HEALTH SERVICES IS BEYOND THE AUTHORIZED SCOPE OF  THE  PERSON'S
   22  LICENSE;
   23    (8)  DIRECTLY  OR  INDIRECTLY CEDED OWNERSHIP OR CONTROL OF A BUSINESS
   24  ENTITY AUTHORIZED TO PROVIDE PROFESSIONAL HEALTH SERVICES IN THIS STATE,
   25  INCLUDING  A  PROFESSIONAL  SERVICE  CORPORATION,  PROFESSIONAL  LIMITED
   26  LIABILITY  COMPANY,  OR  REGISTERED  LIMITED LIABILITY PARTNERSHIP, TO A
   27  PERSON NOT LICENSED TO RENDER THE HEALTH SERVICES WHICH  THE  ENTITY  IS
   28  LEGALLY  AUTHORIZED  TO  PROVIDE,  EXCEPT  WHERE THE UNLICENSED PERSON'S
   29  OWNERSHIP OR CONTROL IS OTHERWISE PERMITTED BY LAW;
   30    (9) HAS BEEN CONVICTED OF OR PLED GUILTY TO ANY CRIME OR VIOLATION  OF
   31  THE  PENAL  LAW  IN  CONNECTION WITH HEALTH SERVICES RENDERED UNDER THIS
   32  ARTICLE;
   33    (10) HAS BEEN CONVICTED OF A CRIME INVOLVING FRAUDULENT  OR  DISHONEST
   34  PRACTICES; OR
   35    (11) VIOLATED ANY PROVISION OF THIS ARTICLE OR REGULATIONS PROMULGATED
   36  THEREUNDER.
   37    (c)  [Providers]  A  PROVIDER  of  health services shall [refrain from
   38  subsequently treating for remuneration, as a private patient, any person
   39  seeking medical treatment]  NOT  DEMAND  OR  REQUEST  PAYMENT  FROM  THE
   40  PATIENT,  ANY INSURER, OR ANY OTHER PERSON FOR ANY HEALTH SERVICES under
   41  this article [if such provider pursuant to this section has been prohib-
   42  ited from demanding or requesting any payment for medical services under
   43  this article. An injured claimant so treated or examined may raise  this
   44  as]  THAT ARE RENDERED DURING THE TERM OF THE PROHIBITION ORDERED BY THE
   45  SUPERINTENDENT PURSUANT TO SUBSECTION (B) OF THIS SECTION. THE  PROHIBI-
   46  TION  ORDERED  BY  THE  SUPERINTENDENT MAY BE a defense in any action by
   47  [such] THE provider  OF  HEALTH  SERVICES  for  payment  for  [treatment
   48  rendered  at  any  time  after  such  provider  has been prohibited from
   49  demanding or requesting payment for medical services in connection  with
   50  any claim under this article] SUCH HEALTH SERVICES.
   51    (d)  The  [commissioner  of  health and the commissioner of education]
   52  SUPERINTENDENT shall maintain [and regularly update] a database contain-
   53  ing a list of providers of health services prohibited  by  this  section
   54  from  demanding or requesting any payment for health services [connected
   55  to a claim] RENDERED under this article and shall make [such] THE infor-
       S. 6357                            62                            A. 8557
    1  mation available to the public [by means of a website and by a toll free
    2  number].
    3    (e)  THE  SUPERINTENDENT  MAY  LEVY  A CIVIL PENALTY NOT EXCEEDING TEN
    4  THOUSAND DOLLARS FOR EACH OFFENSE ON ANY  PROVIDER  OF  HEALTH  SERVICES
    5  THAT  THE  SUPERINTENDENT PROHIBITS FROM DEMANDING OR REQUESTING PAYMENT
    6  FOR HEALTH SERVICES PURSUANT TO SUBSECTION  (B)  OF  THIS  SECTION.  ANY
    7  CIVIL  PENALTY  IMPOSED  FOR  A  FRAUDULENT  INSURANCE ACT AS DEFINED IN
    8  SECTION 176.05 OF THE PENAL LAW SHALL BE LEVIED PURSUANT TO ARTICLE FOUR
    9  OF THIS CHAPTER.
   10    (F) Nothing in this section shall be  construed  as  limiting  in  any
   11  respect the powers and duties of the commissioner of health, commission-
   12  er  of  education  or  the  superintendent  to  investigate instances of
   13  misconduct by a [health care] provider [and, after a  hearing  and  upon
   14  written  notice  to  the provider, to temporarily prohibit a provider of
   15  health services under such investigation from  demanding  or  requesting
   16  any  payment  for  medical  services under this article for up to ninety
   17  days from the date of such notice] OF HEALTH SERVICES AND TAKE APPROPRI-
   18  ATE ACTION PURSUANT TO ANY OTHER PROVISION OF LAW.  A  DETERMINATION  OF
   19  THE  SUPERINTENDENT PURSUANT TO SUBSECTION (B) OF THIS SECTION SHALL NOT
   20  BE BINDING UPON THE COMMISSIONER OF HEALTH OR COMMISSIONER OF  EDUCATION
   21  IN A PROFESSIONAL DISCIPLINE PROCEEDING RELATING TO THE SAME CONDUCT.
   22    S  3.  Paragraph  1  of subsection (a) of section 308 of the insurance
   23  law, as amended by chapter 499 of the laws of 2009, is amended  to  read
   24  as follows:
   25    (1)  The  superintendent  may  also  address to any health maintenance
   26  organization, life settlement provider, life settlement intermediary  or
   27  its  officers,  ANY  PROVIDER OF HEALTH SERVICES WHO DEMANDS OR REQUESTS
   28  PAYMENT FOR HEALTH SERVICES RENDERED UNDER  ARTICLE  FIFTY-ONE  OF  THIS
   29  CHAPTER,  or  any  authorized  insurer  or rate service organization, or
   30  officers thereof, any inquiry in relation to its transactions or  condi-
   31  tion  or  any matter connected therewith. Every corporation or person so
   32  addressed shall reply in writing to such inquiry promptly and  truthful-
   33  ly,  and  such  reply  shall  be,  if  required  by  the superintendent,
   34  subscribed by such individual, or by  such  officer  or  officers  of  a
   35  corporation, as the superintendent shall designate, and affirmed by them
   36  as true under the penalties of perjury.
   37    S 4. The insurance law is amended by adding a new section 5110 to read
   38  as follows:
   39    S  5110. EXAMINATIONS OF PROVIDERS OF HEALTH SERVICES; WHEN AUTHORIZED
   40  OR REQUIRED.  (A) THE SUPERINTENDENT MAY MAKE AN EXAMINATION,  INCLUDING
   41  AN  AUDIT OR UNANNOUNCED INSPECTION, INTO THE AFFAIRS OF ANY PROVIDER OF
   42  HEALTH SERVICES THAT DEMANDS OR REQUESTS  PAYMENT  FOR  HEALTH  SERVICES
   43  RENDERED  UNDER  THIS  ARTICLE  AS  OFTEN AS THE SUPERINTENDENT DEEMS IT
   44  EXPEDIENT FOR THE PROTECTION OF THE INTERESTS  OF  THE  PEOPLE  OF  THIS
   45  STATE.  AS  USED  IN  THIS  SECTION,  "HEALTH  SERVICES" MEANS SERVICES,
   46  SUPPLIES, THERAPIES, OR OTHER TREATMENTS AS  SPECIFIED  IN  SUBPARAGRAPH
   47  (I),  (II),  OR  (IV) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION FIVE
   48  THOUSAND ONE HUNDRED TWO OF THIS ARTICLE.
   49    (B)(1) WHENEVER THE SUPERINTENDENT  SHALL  DETERMINE  TO  EXAMINE  THE
   50  AFFAIRS  OF  ANY  PROVIDER  OF HEALTH SERVICES, THE SUPERINTENDENT SHALL
   51  MAKE AN ORDER INDICATING THE SCOPE OF THE EXAMINATION AND MAY APPOINT AS
   52  EXAMINERS ONE OR MORE PERSONS NOT EMPLOYED BY  ANY  PROVIDER  OF  HEALTH
   53  SERVICES  OR INSURER OR INTERESTED IN ANY PROVIDER OF HEALTH SERVICES OR
   54  INSURER, EXCEPT AS A POLICYHOLDER. A  COPY  OF  SUCH  ORDER  SHALL  UPON
   55  DEMAND BE EXHIBITED TO THE PROVIDER OF HEALTH SERVICES WHOSE AFFAIRS ARE
   56  TO BE EXAMINED BEFORE THE EXAMINATION BEGINS.
       S. 6357                            63                            A. 8557
    1    (2)  ANY  EXAMINER  AUTHORIZED  BY  THE  SUPERINTENDENT SHALL BE GIVEN
    2  CONVENIENT ACCESS AT ALL REASONABLE HOURS TO THE BOOKS, RECORDS,  FILES,
    3  SECURITIES  AND OTHER DOCUMENTS OF SUCH PROVIDER OF HEALTH SERVICES THAT
    4  ARE RELEVANT TO THE EXAMINATION, AND  SHALL  HAVE  POWER  TO  ADMINISTER
    5  OATHS AND TO EXAMINE UNDER OATH ANY OFFICER OR AGENT OF SUCH PROVIDER OF
    6  HEALTH  SERVICES, AND ANY OTHER PERSON HAVING CUSTODY OR CONTROL OF SUCH
    7  DOCUMENTS, REGARDING ANY MATTER RELEVANT TO THE EXAMINATION.
    8    (3) THE OFFICERS AND AGENTS OF SUCH PROVIDER OF HEALTH SERVICES  SHALL
    9  FACILITATE  SUCH  EXAMINATION  AND  AID SUCH EXAMINERS IN CONDUCTING THE
   10  SAME SO FAR AS IT IS IN THEIR POWER TO DO SO.
   11    (4) THE REFUSAL OF ANY PROVIDER OF HEALTH SERVICES TO SUBMIT TO  EXAM-
   12  INATION SHALL BE GROUNDS FOR THE SUPERINTENDENT PROHIBITING THE PROVIDER
   13  OF  HEALTH  SERVICES  FROM  DEMANDING  OR  REQUESTING PAYMENT FOR HEALTH
   14  SERVICES RENDERED UNDER THIS ARTICLE PURSUANT TO SECTION  FIVE  THOUSAND
   15  ONE HUNDRED NINE OF THIS ARTICLE.
   16    (5)  AN  EXAMINATION SHALL BE CONDUCTED CONSISTENT WITH ALL APPLICABLE
   17  STATE AND FEDERAL PRIVACY LAWS.
   18    (6) THIS SECTION SHALL NOT APPLY TO A GENERAL HOSPITAL, AS DEFINED  IN
   19  SUBDIVISION  TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC
   20  HEALTH LAW, OR A PROVIDER OF HEALTH SERVICES THAT  SUBMITTED  LESS  THAN
   21  FIFTY  CLAIMS  IN  THE  PRIOR CALENDAR YEAR FOR HEALTH SERVICES RENDERED
   22  UNDER THIS ARTICLE.
   23    S 5. This act shall take effect immediately; provided,  however,  that
   24  sections  one  and two of this act shall take effect on the sixtieth day
   25  after it shall have become a law.
   26                                   PART U
   27    Section 1. Paragraphs 11, 12, 13, 14, 16 and 17 of subsection  (a)  of
   28  section 3217-a of the insurance law, as added by chapter 705 of the laws
   29  of  1996,  are  amended  and four new paragraphs 16-a, 18, 19 and 20 are
   30  added to read as follows:
   31    (11) where applicable, notice that an insured enrolled  in  a  managed
   32  care  product  OR  IN  A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF
   33  PROVIDERS offered by the insurer may obtain a referral  [to]  OR  PREAU-
   34  THORIZATION  FOR a health care provider outside of the insurer's network
   35  or panel when the insurer does not have a health  care  provider  [with]
   36  WHO  IS  GEOGRAPHICALLY ACCESSIBLE TO THE INSURED AND WHO HAS THE appro-
   37  priate ESSENTIAL LEVEL OF training and  experience  in  the  network  or
   38  panel  to  meet  the particular health care needs of the insured and the
   39  procedure by which the insured can obtain such referral  OR  PREAUTHORI-
   40  ZATION;
   41    (12)  where  applicable,  notice that an insured enrolled in a managed
   42  care product OR A  COMPREHENSIVE  POLICY  THAT  UTILIZES  A  NETWORK  OF
   43  PROVIDERS offered by the insurer with a condition which requires ongoing
   44  care  from  a  specialist  may  request  a  standing  referral to such a
   45  specialist and the procedure for requesting and obtaining such a  stand-
   46  ing referral;
   47    (13)    where applicable, notice that an insured enrolled in a managed
   48  care product OR A  COMPREHENSIVE  POLICY  THAT  UTILIZES  A  NETWORK  OF
   49  PROVIDERS  offered  by  the  insurer  with  [(i)] (A) a life-threatening
   50  condition or disease, or [(ii)] (B) a degenerative and disabling  condi-
   51  tion  or disease, either of which requires specialized medical care over
   52  a prolonged period of time may  request  a  specialist  responsible  for
   53  providing  or  coordinating the insured's medical care and the procedure
   54  for requesting and obtaining such a specialist;
       S. 6357                            64                            A. 8557
    1    (14) where applicable, notice that an insured enrolled  in  a  managed
    2  care  product  OR  A  COMPREHENSIVE  POLICY  THAT  UTILIZES A NETWORK OF
    3  PROVIDERS offered by the  insurer  with  [(i)]  (A)  a  life-threatening
    4  condition  or disease, or [(ii)] (B) a degenerative and disabling condi-
    5  tion  or disease, either of which requires specialized medical care over
    6  a prolonged period of time, may  request  access  to  a  specialty  care
    7  center and the procedure by which such access may be obtained;
    8    (16) notice of all appropriate mailing addresses and telephone numbers
    9  to be utilized by insureds seeking information or authorization; [and]
   10    (16-A)  WHERE  APPLICABLE,  NOTICE  THAT  AN INSURED SHALL HAVE DIRECT
   11  ACCESS TO PRIMARY AND PREVENTIVE  OBSTETRIC  AND  GYNECOLOGIC  SERVICES,
   12  INCLUDING  ANNUAL EXAMINATIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINA-
   13  TIONS, AND TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, FROM  A  QUALIFIED
   14  PROVIDER  OF SUCH SERVICES OF HER CHOICE FROM WITHIN THE PLAN OR FOR ANY
   15  CARE RELATED TO A PREGNANCY;
   16    (17) where applicable, a listing by specialty, which may be in a sepa-
   17  rate document that is updated annually, of the name, address, and  tele-
   18  phone  number  of all participating providers, including facilities, and
   19  in  addition,  in  the  case  of  physicians,  board   certification[.],
   20  LANGUAGES  SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS. THE
   21  LISTING SHALL ALSO BE POSTED ON THE INSURER'S WEBSITE  AND  THE  INSURER
   22  SHALL  UPDATE  THE WEBSITE WITHIN FIFTEEN DAYS OF THE ADDITION OR TERMI-
   23  NATION OF A PROVIDER FROM THE INSURER'S NETWORK OR A CHANGE IN A  PHYSI-
   24  CIAN'S HOSPITAL AFFILIATION;
   25    (18)  A  DESCRIPTION  OF  THE  METHOD BY WHICH AN INSURED MAY SUBMIT A
   26  CLAIM FOR HEALTH CARE SERVICES;
   27    (19) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE:
   28    (A) A CLEAR DESCRIPTION OF THE METHODOLOGY  USED  BY  THE  INSURER  TO
   29  DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES;
   30    (B)  A DESCRIPTION OF THE AMOUNT THAT THE INSURER WILL REIMBURSE UNDER
   31  THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET FORTH  AS  A
   32  PERCENTAGE  OF  THE  USUAL  AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH
   33  CARE SERVICES; AND
   34    (C) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY  BILLED
   35  OUT-OF-NETWORK HEALTH CARE SERVICES; AND
   36    (20)  INFORMATION  IN  WRITING  AND  THROUGH  AN INTERNET WEBSITE THAT
   37  REASONABLY PERMITS AN INSURED OR PROSPECTIVE INSURED  TO  DETERMINE  THE
   38  ANTICIPATED  OUT-OF-POCKET  COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES
   39  IN A GEOGRAPHICAL AREA OR ZIP CODE BASED  UPON  THE  DIFFERENCE  BETWEEN
   40  WHAT  THE INSURER WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE SERVICES
   41  AND  THE  USUAL  AND  CUSTOMARY  COST  FOR  OUT-OF-NETWORK  HEALTH  CARE
   42  SERVICES.
   43    S  2.  Paragraphs 11 and 12 of subsection (b) of section 3217-a of the
   44  insurance law, as added by chapter 705 of the laws of 1996, are  amended
   45  and two new paragraphs 13 and 14 are added to read as follows:
   46    (11)  where applicable, provide the written application procedures and
   47  minimum qualification requirements  for  health  care  providers  to  be
   48  considered by the insurer for participation in the insurer's network for
   49  a managed care product; [and]
   50    (12)  disclose  such  other information as required by the superinten-
   51  dent, provided that such requirements are promulgated  pursuant  to  the
   52  state administrative procedure act[.];
   53    (13)  DISCLOSE  WHETHER  A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A
   54  HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND
       S. 6357                            65                            A. 8557
    1    (14)  WHERE  APPLICABLE,  WITH  RESPECT  TO  OUT-OF-NETWORK  COVERAGE,
    2  DISCLOSE  THE  DOLLAR  AMOUNT  THAT  THE INSURER WILL PAY FOR A SPECIFIC
    3  OUT-OF-NETWORK HEALTH CARE SERVICE.
    4    S  3.  Section  3217-a of the insurance law is amended by adding a new
    5  subsection (f) to read as follows:
    6    (F) FOR PURPOSES OF THIS SECTION, "USUAL  AND  CUSTOMARY  COST"  SHALL
    7  MEAN  THE  EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH
    8  CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME  OR  SIMILAR  SPECIALTY
    9  AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING
   10  DATABASE  MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPER-
   11  INTENDENT. THE NONPROFIT ORGANIZATION SHALL NOT BE  AFFILIATED  WITH  AN
   12  INSURER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A
   13  MUNICIPAL  COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE
   14  FORTY-SEVEN OF THIS CHAPTER, OR A HEALTH MAINTENANCE ORGANIZATION CERTI-
   15  FIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW.
   16    S 4. Section 3217-d of the insurance law is amended by  adding  a  new
   17  subsection (d) to read as follows:
   18    (D)  AN  INSURER  THAT  ISSUES  A COMPREHENSIVE POLICY THAT UTILIZES A
   19  NETWORK OF PROVIDERS AND IS NOT A MANAGED CARE HEALTH INSURANCE CONTRACT
   20  AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT HUNDRED  ONE
   21  OF  THIS  CHAPTER,  SHALL  PROVIDE  ACCESS  TO  OUT-OF-NETWORK  SERVICES
   22  CONSISTENT WITH THE REQUIREMENTS OF SUBSECTION (A) OF SECTION FOUR THOU-
   23  SAND EIGHT HUNDRED FOUR OF THIS CHAPTER, SUBSECTIONS (G-6) AND (G-7)  OF
   24  SECTION  FOUR  THOUSAND  NINE HUNDRED OF THIS CHAPTER, SUBSECTIONS (A-1)
   25  AND (A-2) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR  OF  THIS  CHAPTER,
   26  PARAGRAPHS  THREE  AND  FOUR  OF SUBSECTION (B) OF SECTION FOUR THOUSAND
   27  NINE HUNDRED TEN OF THIS CHAPTER, AND SUBPARAGRAPHS (C) AND (D) OF PARA-
   28  GRAPH FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR-
   29  TEEN OF THIS CHAPTER.
   30    S 5. Section 3224-a of the insurance law is amended by  adding  a  new
   31  subsection (j) to read as follows:
   32    (J) AN INSURER OR AN ORGANIZATION OR CORPORATION LICENSED OR CERTIFIED
   33  PURSUANT  TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER OR ARTI-
   34  CLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR A STUDENT HEALTH PLAN  ESTAB-
   35  LISHED  OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWEN-
   36  TY-FOUR OF THIS CHAPTER SHALL ACCEPT CLAIMS SUBMITTED BY A  POLICYHOLDER
   37  OR  COVERED PERSON, IN WRITING, INCLUDING THROUGH THE INTERNET, BY ELEC-
   38  TRONIC MAIL OR BY FACSIMILE.
   39    S 6. The insurance law is amended by adding a new section 3241 to read
   40  as follows:
   41    S 3241.  NETWORK COVERAGE. (A) AN  INSURER,  A  CORPORATION  ORGANIZED
   42  PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE
   43  HEALTH  BENEFIT  PLAN  CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS
   44  CHAPTER, OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT  TO
   45  SECTION  ONE  THOUSAND  ONE  HUNDRED  TWENTY-FOUR  OF THIS CHAPTER, THAT
   46  ISSUES A HEALTH INSURANCE POLICY OR CONTRACT WITH A  NETWORK  OF  HEALTH
   47  CARE  PROVIDERS  SHALL  ENSURE  THAT THE NETWORK IS ADEQUATE TO MEET THE
   48  HEALTH NEEDS OF INSUREDS AND PROVIDE AN APPROPRIATE CHOICE OF  PROVIDERS
   49  SUFFICIENT  TO RENDER THE SERVICES COVERED UNDER THE POLICY OR CONTRACT.
   50  THE SUPERINTENDENT SHALL REVIEW THE NETWORK OF HEALTH CARE PROVIDERS FOR
   51  ADEQUACY AT THE TIME OF  THE  SUPERINTENDENT'S  INITIAL  APPROVAL  OF  A
   52  HEALTH  INSURANCE  POLICY OR CONTRACT; AT LEAST EVERY THREE YEARS THERE-
   53  AFTER; AND UPON APPLICATION FOR EXPANSION OF ANY SERVICE AREA ASSOCIATED
   54  WITH THE POLICY OR CONTRACT IN CONFORMANCE WITH THE STANDARDS SET  FORTH
   55  IN  SUBDIVISION  FIVE OF SECTION FOUR THOUSAND FOUR HUNDRED THREE OF THE
   56  PUBLIC HEALTH LAW.  TO THE EXTENT THAT THE NETWORK HAS  BEEN  DETERMINED
       S. 6357                            66                            A. 8557
    1  BY  THE COMMISSIONER OF HEALTH TO MEET THE STANDARDS SET FORTH IN SUBDI-
    2  VISION FIVE OF SECTION FOUR THOUSAND FOUR HUNDRED THREE  OF  THE  PUBLIC
    3  HEALTH LAW, SUCH NETWORK SHALL BE DEEMED ADEQUATE BY THE SUPERINTENDENT.
    4    (B)(1)  AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-
    5  THREE OF THIS CHAPTER,  A  MUNICIPAL  COOPERATIVE  HEALTH  BENEFIT  PLAN
    6  CERTIFIED  PURSUANT  TO  ARTICLE  FORTY-SEVEN  OF THIS CHAPTER, A HEALTH
    7  MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE
    8  PUBLIC HEALTH LAW OR A STUDENT HEALTH  PLAN  ESTABLISHED  OR  MAINTAINED
    9  PURSUANT  TO  SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAP-
   10  TER, THAT ISSUES A COMPREHENSIVE GROUP OR GROUP REMITTANCE HEALTH INSUR-
   11  ANCE POLICY OR CONTRACT THAT COVERS OUT-OF-NETWORK HEALTH CARE  SERVICES
   12  SHALL  MAKE AVAILABLE AND, IF REQUESTED BY THE POLICYHOLDER OR CONTRACT-
   13  HOLDER, PROVIDE COVERAGE FOR AT LEAST SEVENTY PERCENT OF THE  USUAL  AND
   14  CUSTOMARY  COST OF EACH OUT-OF-NETWORK HEALTH CARE SERVICE AFTER IMPOSI-
   15  TION OF A DEDUCTIBLE OR ANY PERMISSIBLE BENEFIT MAXIMUM.
   16    (2) FOR THE PURPOSES OF THIS SUBSECTION, "USUAL  AND  CUSTOMARY  COST"
   17  SHALL  MEAN  THE  EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR
   18  HEALTH CARE SERVICE PERFORMED BY A  PROVIDER  IN  THE  SAME  OR  SIMILAR
   19  SPECIALTY  AND  PROVIDED  IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A
   20  BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT  ORGANIZATION  SPECIFIED
   21  BY  THE  SUPERINTENDENT.  THE NONPROFIT ORGANIZATION SHALL NOT BE AFFIL-
   22  IATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTICLE  FORTY-THREE  OF
   23  THIS  CHAPTER,  A  MUNICIPAL  COOPERATIVE  HEALTH BENEFIT PLAN CERTIFIED
   24  PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER,  A  HEALTH  MAINTENANCE
   25  ORGANIZATION  CERTIFIED  PURSUANT  TO  ARTICLE  FORTY-FOUR OF THE PUBLIC
   26  HEALTH LAW OR A STUDENT HEALTH PLAN ESTABLISHED OR  MAINTAINED  PURSUANT
   27  TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER.
   28    (3)  THIS  SUBSECTION  SHALL  NOT  APPLY TO EMERGENCY CARE SERVICES IN
   29  HOSPITAL FACILITIES OR PREHOSPITAL EMERGENCY MEDICAL SERVICES AS DEFINED
   30  IN CLAUSE (I) OF SUBPARAGRAPH (E) OF PARAGRAPH TWENTY-FOUR OF SUBSECTION
   31  (I) OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN OF  THIS  ARTICLE,  OR
   32  CLAUSE (I) OF SUBPARAGRAPH (E) OF PARAGRAPH FIFTEEN OF SUBSECTION (L) OF
   33  SECTION  THREE  THOUSAND  TWO  HUNDRED  TWENTY-ONE  OF  THIS CHAPTER, OR
   34  SUBPARAGRAPH (A) OF PARAGRAPH FIVE OF SUBSECTION (AA)  OF  SECTION  FOUR
   35  THOUSAND THREE HUNDRED THREE OF THIS CHAPTER.
   36    (4)  NOTHING  IN  THIS  SUBSECTION  SHALL  LIMIT  THE SUPERINTENDENT'S
   37  AUTHORITY PURSUANT TO SECTION THREE THOUSAND TWO  HUNDRED  SEVENTEEN  OF
   38  THIS  ARTICLE  TO  ESTABLISH MINIMUM STANDARDS FOR THE FORM, CONTENT AND
   39  SALE OF ACCIDENT AND HEALTH INSURANCE POLICIES AND SUBSCRIBER CONTRACTS,
   40  TO REQUIRE ADDITIONAL COVERAGE OPTIONS FOR OUT-OF-NETWORK  SERVICES,  OR
   41  TO PROVIDE FOR STANDARDIZATION AND SIMPLIFICATION OF COVERAGE.
   42    (C)  WHEN  AN  INSURED  OR  ENROLLEE  UNDER  A CONTRACT OR POLICY THAT
   43  PROVIDES COVERAGE FOR EMERGENCY SERVICES RECEIVES THE  SERVICES  FROM  A
   44  HEALTH  CARE  PROVIDER THAT DOES NOT PARTICIPATE IN THE PROVIDER NETWORK
   45  OF AN INSURER, A CORPORATION ORGANIZED PURSUANT TO  ARTICLE  FORTY-THREE
   46  OF  THIS  CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED
   47  PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER,  A  HEALTH  MAINTENANCE
   48  ORGANIZATION  CERTIFIED  PURSUANT  TO  ARTICLE  FORTY-FOUR OF THE PUBLIC
   49  HEALTH LAW, OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED  PURSUANT
   50  TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER ("HEALTH
   51  CARE  PLAN"),  THE  HEALTH  CARE  PLAN  SHALL ENSURE THAT THE INSURED OR
   52  ENROLLEE SHALL INCUR NO GREATER OUT-OF-POCKET COSTS  FOR  THE  EMERGENCY
   53  SERVICES  THAN THE INSURED OR ENROLLEE WOULD HAVE INCURRED WITH A HEALTH
   54  CARE PROVIDER THAT PARTICIPATES  IN  THE  HEALTH  CARE  PLAN'S  PROVIDER
   55  NETWORK.  FOR  THE  PURPOSE  OF THIS SECTION, "EMERGENCY SERVICES" SHALL
   56  HAVE THE MEANING SET FORTH IN SUBPARAGRAPH  (D)  OF  PARAGRAPH  NINE  OF
       S. 6357                            67                            A. 8557
    1  SUBSECTION  (I)  OF  SECTION  THREE THOUSAND TWO HUNDRED SIXTEEN OF THIS
    2  ARTICLE, SUBPARAGRAPH (D) OF PARAGRAPH FOUR OF SUBSECTION (K) OF SECTION
    3  THREE THOUSAND TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, AND  SUBPARAGRAPH
    4  (D)  OF  PARAGRAPH  TWO OF SUBSECTION (A) OF SECTION FOUR THOUSAND THREE
    5  HUNDRED THREE OF THIS CHAPTER.
    6    S 7. Section 4306-c of the insurance law is amended by  adding  a  new
    7  subsection (d) to read as follows:
    8    (D)  A  CORPORATION,  INCLUDING A MUNICIPAL COOPERATIVE HEALTH BENEFIT
    9  PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF  THIS  CHAPTER  AND  A
   10  STUDENT  HEALTH  PLAN  ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE
   11  THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER, THAT ISSUES A  COMPRE-
   12  HENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS AND IS NOT A MANAGED
   13  CARE  HEALTH  INSURANCE CONTRACT AS DEFINED IN SUBSECTION (C) OF SECTION
   14  FOUR THOUSAND EIGHT HUNDRED ONE OF THIS CHAPTER, SHALL PROVIDE ACCESS TO
   15  OUT-OF-NETWORK SERVICES CONSISTENT WITH THE REQUIREMENTS  OF  SUBSECTION
   16  (A)  OF  SECTION  FOUR  THOUSAND  EIGHT  HUNDRED  FOUR  OF THIS CHAPTER,
   17  SUBSECTIONS (G-6) AND (G-7) OF SECTION FOUR  THOUSAND  NINE  HUNDRED  OF
   18  THIS  CHAPTER, SUBSECTIONS (A-1) AND (A-2) OF SECTION FOUR THOUSAND NINE
   19  HUNDRED FOUR OF THIS CHAPTER, PARAGRAPHS THREE AND  FOUR  OF  SUBSECTION
   20  (B)  OF  SECTION  FOUR  THOUSAND  NINE  HUNDRED TEN OF THIS CHAPTER, AND
   21  SUBPARAGRAPHS (C) AND (D) OF PARAGRAPH FOUR OF SUBSECTION (B) OF SECTION
   22  FOUR THOUSAND NINE HUNDRED FOURTEEN OF THIS CHAPTER.
   23    S 8. Paragraphs 11, 12, 13, 14, 16-a, 17, and 18 of subsection (a)  of
   24  section  4324 of the insurance law, paragraphs 11, 12, 13, 14, 17 and 18
   25  as added by chapter 705 of the laws of 1996, paragraph 16-a as added  by
   26  chapter  554  of  the laws of 2002, are amended and three new paragraphs
   27  19, 20 and 21 are added to read as follows:
   28    (11)  where applicable, notice that a subscriber enrolled in a managed
   29  care product OR IN A COMPREHENSIVE CONTRACT THAT UTILIZES A  NETWORK  OF
   30  PROVIDERS  offered  by  the  corporation  may  obtain a referral [to] OR
   31  PREAUTHORIZATION FOR a health care provider outside of the corporation's
   32  network or panel when the  corporation  does  not  have  a  health  care
   33  provider  [with] WHO IS GEOGRAPHICALLY ACCESSIBLE TO THE INSURED AND WHO
   34  HAS THE appropriate ESSENTIAL LEVEL OF training and  experience  in  the
   35  network  or  panel  to  meet  the  particular  health  care needs of the
   36  subscriber and the procedure by which the  subscriber  can  obtain  such
   37  referral OR PREAUTHORIZATION;
   38    (12)  where applicable, notice that a subscriber enrolled in a managed
   39  care product OR A COMPREHENSIVE CONTRACT  THAT  UTILIZES  A  NETWORK  OF
   40  PROVIDERS  offered  by  the  corporation with a condition which requires
   41  ongoing care from a specialist may request a standing referral to such a
   42  specialist and the procedure for requesting and obtaining such a  stand-
   43  ing referral;
   44    (13)  where applicable, notice that a subscriber enrolled in a managed
   45  care product OR A COMPREHENSIVE CONTRACT  THAT  UTILIZES  A  NETWORK  OF
   46  PROVIDERS  offered by the corporation with (i) a life-threatening condi-
   47  tion or disease, or (ii)  a  degenerative  and  disabling  condition  or
   48  disease,  either  of  which  requires  specialized  medical  care over a
   49  prolonged period of  time  may  request  a  specialist  responsible  for
   50  providing  or  coordinating the subscriber's medical care and the proce-
   51  dure for requesting and obtaining such a specialist;
   52    (14) where applicable, notice that a subscriber enrolled in a  managed
   53  care  product  OR  A  COMPREHENSIVE  CONTRACT THAT UTILIZES A NETWORK OF
   54  PROVIDERS offered by the corporation with [(i)] (A)  a  life-threatening
   55  condition  or disease, or [(ii)] (B) a degenerative and disabling condi-
   56  tion or disease, either of which requires specialized medical care  over
       S. 6357                            68                            A. 8557
    1  a prolonged period of time may request access to a specialty care center
    2  and the procedure by which such access may be obtained;
    3    (16-a)  where  applicable,  notice  that an enrollee shall have direct
    4  access to primary and preventive  obstetric  and  gynecologic  services,
    5  INCLUDING  ANNUAL EXAMINATIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINA-
    6  TIONS, AND TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, from  a  qualified
    7  provider  of  such  services  of her choice from within the plan [for no
    8  fewer than two examinations annually for such services] or [to] FOR  any
    9  care  related  to A pregnancy [and that additionally, the enrollee shall
   10  have direct access to primary and preventive obstetric  and  gynecologic
   11  services required as a result of such annual examinations or as a result
   12  of an acute gynecologic condition];
   13    (17) where applicable, a listing by specialty, which may be in a sepa-
   14  rate  document that is updated annually, of the name, address, and tele-
   15  phone number of all participating providers, including  facilities,  and
   16  in  addition,  in  the  case  of physicians, board certification[; and],
   17  LANGUAGES SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS.  THE
   18  LISTING SHALL ALSO BE POSTED ON THE CORPORATION'S WEBSITE AND THE CORPO-
   19  RATION SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF THE  ADDITION  OR
   20  TERMINATION  OF A PROVIDER FROM THE CORPORATION'S NETWORK OR A CHANGE IN
   21  A PHYSICIAN'S HOSPITAL AFFILIATION;
   22    (18) a description of the mechanisms by which subscribers may  partic-
   23  ipate in the development of the policies of the corporation[.];
   24    (19)  A  DESCRIPTION  OF THE METHOD BY WHICH A SUBSCRIBER MAY SUBMIT A
   25  CLAIM FOR HEALTH CARE SERVICES;
   26    (20) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE:
   27    (A) A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE CORPORATION  TO
   28  DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES;
   29    (B)  A  DESCRIPTION  OF THE AMOUNT THAT THE CORPORATION WILL REIMBURSE
   30  UNDER THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET  FORTH
   31  AS  A  PERCENTAGE  OF  THE  USUAL  AND CUSTOMARY COST FOR OUT-OF-NETWORK
   32  HEALTH CARE SERVICES; AND
   33    (C) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY  BILLED
   34  OUT-OF-NETWORK HEALTH CARE SERVICES; AND
   35    (21)  INFORMATION  IN  WRITING  AND  THROUGH  AN INTERNET WEBSITE THAT
   36  REASONABLY PERMITS A SUBSCRIBER OR PROSPECTIVE SUBSCRIBER  TO  DETERMINE
   37  THE  ANTICIPATED  OUT-OF-POCKET  COST  FOR  OUT-OF-NETWORK  HEALTH  CARE
   38  SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED  UPON  THE  DIFFERENCE
   39  BETWEEN  WHAT  THE  CORPORATION WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH
   40  CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH
   41  CARE SERVICES.
   42    S 9. Paragraphs 11 and 12 of subsection (b) of  section  4324  of  the
   43  insurance  law, as added by chapter 705 of the laws of 1996, are amended
   44  and two new paragraphs 13 and 14 are added to read as follows:
   45    (11) where applicable, provide the written application procedures  and
   46  minimum  qualification  requirements  for  health  care  providers to be
   47  considered by the corporation for  participation  in  the  corporation's
   48  network for a managed care product; [and]
   49    (12)  disclose  such  other information as required by the superinten-
   50  dent, provided that such requirements are promulgated  pursuant  to  the
   51  state administrative procedure act[.];
   52    (13)  DISCLOSE  WHETHER  A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A
   53  HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND
   54    (14)  WHERE  APPLICABLE,  WITH  RESPECT  TO  OUT-OF-NETWORK  COVERAGE,
   55  DISCLOSE  THE DOLLAR AMOUNT THAT THE CORPORATION WILL PAY FOR A SPECIFIC
   56  OUT-OF-NETWORK HEALTH CARE SERVICE.
       S. 6357                            69                            A. 8557
    1    S 10. Section 4324 of the insurance law is amended  by  adding  a  new
    2  subsection (f) to read as follows:
    3    (F)  FOR  PURPOSES  OF  THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL
    4  MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE  PARTICULAR  HEALTH
    5  CARE  SERVICE  PERFORMED  BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY
    6  AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING
    7  DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE  SUPER-
    8  INTENDENT.  THE  NONPROFIT  ORGANIZATION SHALL NOT BE AFFILIATED WITH AN
    9  INSURER, A CORPORATION SUBJECT TO THIS ARTICLE, A MUNICIPAL  COOPERATIVE
   10  HEALTH  BENEFIT  PLAN  CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS
   11  CHAPTER, OR A HEALTH  MAINTENANCE  ORGANIZATION  CERTIFIED  PURSUANT  TO
   12  ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW.
   13    S  10-a. Subsection (a) of section 4804 of the insurance law, as added
   14  by chapter 705 of the laws of 1996, is amended to read as follows:
   15    (a) If an insurer offering a managed care product determines  that  it
   16  does  not have a health care provider in the in-network benefits portion
   17  of its network with appropriate training  and  experience  to  meet  the
   18  particular  health  care  needs  of an insured, the insurer shall make a
   19  referral to an  appropriate  provider,  pursuant  to  a  treatment  plan
   20  approved  by the insurer in consultation with the primary care provider,
   21  the non-participating provider and the insured or the  insured's  desig-
   22  nee,  at no additional cost to the insured beyond what the insured would
   23  otherwise pay for services received within the network.  NOTHING IN THIS
   24  SUBSECTION SHALL BE CONSTRUED TO ENTITLE AN INSURED TO A REFERRAL TO THE
   25  INSURED'S PREFERRED PROVIDER, WHERE  THAT  PROVIDER  IS  OUT-OF-NETWORK.
   26  THE  PROVISIONS  OF  THIS  SUBSECTION  SHALL  ONLY  APPLY IF THERE IS NO
   27  IN-NETWORK PROVIDER GEOGRAPHICALLY ACCESSIBLE TO THE INSURED WHO HAS THE
   28  APPROPRIATE ESSENTIAL LEVEL OF  TRAINING  AND  EXPERIENCE  TO  MEET  THE
   29  PARTICULAR NEEDS OF THE INSURED.
   30    S  11. Subsection (g-7) of section 4900 of the insurance law is redes-
   31  ignated subsection (g-8) and a new subsection (g-7) is added to read  as
   32  follows:
   33    (G-7)  "OUT-OF-NETWORK REFERRAL DENIAL" MEANS A DENIAL UNDER A MANAGED
   34  CARE PRODUCT AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT
   35  HUNDRED ONE OF THIS CHAPTER OF A REQUEST FOR AN AUTHORIZATION OR  REFER-
   36  RAL TO AN OUT-OF-NETWORK PROVIDER ON THE BASIS THAT THE HEALTH CARE PLAN
   37  HAS  A  HEALTH  CARE  PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS
   38  NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE  PARTICULAR
   39  HEALTH  CARE  NEEDS  OF  AN  INSURED,  AND  WHO  IS  ABLE TO PROVIDE THE
   40  REQUESTED HEALTH SERVICE.  THE  NOTICE  OF  AN  OUT-OF-NETWORK  REFERRAL
   41  DENIAL  PROVIDED TO AN INSURED SHALL INCLUDE INFORMATION EXPLAINING WHAT
   42  INFORMATION THE INSURED MUST SUBMIT IN ORDER TO APPEAL  THE  OUT-OF-NET-
   43  WORK  REFERRAL DENIAL PURSUANT TO SUBSECTION (A-2) OF SECTION FOUR THOU-
   44  SAND NINE HUNDRED FOUR  OF  THIS  ARTICLE.  AN  OUT-OF-NETWORK  REFERRAL
   45  DENIAL  UNDER  THIS  SUBSECTION  DOES NOT CONSTITUTE AN ADVERSE DETERMI-
   46  NATION AS DEFINED IN THIS ARTICLE.   AN OUT-OF-NETWORK  REFERRAL  DENIAL
   47  SHALL NOT BE CONSTRUED TO INCLUDE AN OUT-OF-NETWORK DENIAL AS DEFINED IN
   48  SUBSECTION (G-6) OF THIS SECTION.
   49    S  12. Subsection (b) of section 4903 of the insurance law, as amended
   50  by chapter 514 of the laws of 2013, is amended to read as follows:
   51    (b) A utilization review agent shall make a utilization review  deter-
   52  mination  involving health care services which require pre-authorization
   53  and provide notice of a determination to the insured or insured's desig-
   54  nee and the insured's health care provider by telephone and  in  writing
   55  within  three  business days of receipt of the necessary information. To
   56  the extent practicable, such  written  notification  to  the  enrollee's
       S. 6357                            70                            A. 8557
    1  health  care  provider  shall be transmitted electronically, in a manner
    2  and in a form agreed upon by the parties.  THE NOTIFICATION SHALL  IDEN-
    3  TIFY:  (1) WHETHER THE SERVICES ARE CONSIDERED IN-NETWORK OR OUT-OF-NET-
    4  WORK; (2) WHETHER THE INSURED WILL BE HELD HARMLESS FOR THE SERVICES AND
    5  NOT  BE  RESPONSIBLE  FOR ANY PAYMENT, OTHER THAN ANY APPLICABLE CO-PAY-
    6  MENT, CO-INSURANCE OR DEDUCTIBLE; (3) AS APPLICABLE, THE  DOLLAR  AMOUNT
    7  THE  HEALTH CARE PLAN WILL PAY IF THE SERVICE IS OUT-OF-NETWORK; AND (4)
    8  AS APPLICABLE, INFORMATION EXPLAINING HOW AN INSURED MAY  DETERMINE  THE
    9  ANTICIPATED  OUT-OF-POCKET  COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES
   10  IN A GEOGRAPHICAL AREA OR ZIP CODE BASED  UPON  THE  DIFFERENCE  BETWEEN
   11  WHAT  THE HEALTH CARE PLAN WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE
   12  SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE
   13  SERVICES.
   14    S 13. Section 4904 of the insurance law is amended  by  adding  a  new
   15  subsection (a-2) to read as follows:
   16    (A-2)  AN  INSURED OR THE INSURED'S DESIGNEE MAY APPEAL AN OUT-OF-NET-
   17  WORK REFERRAL DENIAL BY A HEALTH  CARE  PLAN  BY  SUBMITTING  A  WRITTEN
   18  STATEMENT  FROM  THE  INSURED'S  ATTENDING  PHYSICIAN,  WHO  MUST  BE  A
   19  LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRAC-
   20  TICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE  INSURED
   21  FOR  THE HEALTH SERVICE SOUGHT, PROVIDED THAT: (1) THE IN-NETWORK HEALTH
   22  CARE PROVIDER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE  PLAN  DO  NOT
   23  HAVE  THE  APPROPRIATE  TRAINING  AND  EXPERIENCE TO MEET THE PARTICULAR
   24  HEALTH CARE NEEDS OF THE INSURED FOR THE HEALTH SERVICE; AND (2)  RECOM-
   25  MENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPE-
   26  RIENCE  TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE INSURED, AND WHO
   27  IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE.
   28    S 14. Subsection (b) of section 4910 of the insurance law  is  amended
   29  by adding a new paragraph 4 to read as follows:
   30    (4)(A)  THE  INSURED  HAS HAD AN OUT-OF-NETWORK REFERRAL DENIED ON THE
   31  GROUNDS THAT THE HEALTH CARE PLAN HAS A  HEALTH  CARE  PROVIDER  IN  THE
   32  IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND
   33  EXPERIENCE  TO  MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND
   34  WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE.
   35    (B) THE INSURED'S ATTENDING PHYSICIAN, WHO SHALL BE A LICENSED,  BOARD
   36  CERTIFIED  OR  BOARD  ELIGIBLE  PHYSICIAN  QUALIFIED  TO PRACTICE IN THE
   37  SPECIALTY AREA OF PRACTICE APPROPRIATE TO  TREAT  THE  INSURED  FOR  THE
   38  HEALTH SERVICE SOUGHT, CERTIFIES THAT THE IN-NETWORK HEALTH CARE PROVID-
   39  ER  OR  PROVIDERS  RECOMMENDED  BY  THE HEALTH CARE PLAN DO NOT HAVE THE
   40  APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR  HEALTH  CARE
   41  NEEDS  OF AN INSURED, AND RECOMMENDS AN OUT-OF-NETWORK PROVIDER WITH THE
   42  APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR  HEALTH  CARE
   43  NEEDS  OF  AN  INSURED,  AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH
   44  SERVICE.
   45    S 15. Paragraph 4 of subsection (b) of section 4914 of  the  insurance
   46  law is amended by adding a new subparagraph (D) to read as follows:
   47    (D)  FOR  EXTERNAL  APPEALS  REQUESTED  PURSUANT  TO PARAGRAPH FOUR OF
   48  SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF  THIS  TITLE
   49  RELATING TO AN OUT-OF-NETWORK REFERRAL DENIAL, THE EXTERNAL APPEAL AGENT
   50  SHALL  REVIEW THE UTILIZATION REVIEW AGENT'S FINAL ADVERSE DETERMINATION
   51  AND, IN ACCORDANCE WITH THE PROVISIONS  OF  THIS  TITLE,  SHALL  MAKE  A
   52  DETERMINATION AS TO WHETHER THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED
   53  BY THE HEALTH PLAN; PROVIDED THAT SUCH DETERMINATION SHALL:
   54    (I)  BE CONDUCTED ONLY BY ONE OR A GREATER ODD NUMBER OF CLINICAL PEER
   55  REVIEWERS;
   56    (II) BE ACCOMPANIED BY A WRITTEN STATEMENT:
       S. 6357                            71                            A. 8557
    1    (I) THAT THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED  BY  THE  HEALTH
    2  CARE PLAN EITHER WHEN THE REVIEWER OR A MAJORITY OF THE PANEL OF REVIEW-
    3  ERS  DETERMINES,  UPON  REVIEW  OF  THE  TRAINING  AND EXPERIENCE OF THE
    4  IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS PROPOSED BY THE  PLAN,  THE
    5  TRAINING  AND  EXPERIENCE  OF THE REQUESTED OUT-OF-NETWORK PROVIDER, THE
    6  CLINICAL STANDARDS OF THE PLAN, THE INFORMATION PROVIDED CONCERNING  THE
    7  INSURED, THE ATTENDING PHYSICIAN'S RECOMMENDATION, THE INSURED'S MEDICAL
    8  RECORD,  AND  ANY OTHER PERTINENT INFORMATION, THAT THE HEALTH PLAN DOES
    9  NOT HAVE A PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET
   10  THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED WHO IS  ABLE  TO  PROVIDE
   11  THE  REQUESTED  HEALTH SERVICE, AND THAT THE OUT-OF-NETWORK PROVIDER HAS
   12  THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET  THE  PARTICULAR  HEALTH
   13  CARE  NEEDS  OF  AN  INSURED,  IS  ABLE  TO PROVIDE THE REQUESTED HEALTH
   14  SERVICE, AND IS LIKELY TO PRODUCE A MORE CLINICALLY BENEFICIAL  OUTCOME;
   15  OR
   16    (II) UPHOLDING THE HEALTH PLAN'S DENIAL OF COVERAGE;
   17    (III)  BE  SUBJECT TO THE TERMS AND CONDITIONS GENERALLY APPLICABLE TO
   18  BENEFITS UNDER THE EVIDENCE OF COVERAGE UNDER THE HEALTH CARE PLAN;
   19    (IV) BE BINDING ON THE PLAN AND THE INSURED; AND
   20    (V) BE ADMISSIBLE IN ANY COURT PROCEEDING.
   21    S 16. The public health law is amended by adding a new section  23  to
   22  read as follows:
   23    S  23.  CLAIM  FORMS.    A  PHYSICIAN SHALL INCLUDE A CLAIM FORM FOR A
   24  THIRD-PARTY PAYOR WITH A PATIENT BILL FOR HEALTH  CARE  SERVICES,  OTHER
   25  THAN A BILL FOR THE PATIENT'S CO-PAYMENT, COINSURANCE OR DEDUCTIBLE.
   26    S  17.  The public health law is amended by adding a new section 24 to
   27  read as follows:
   28    S 24. DISCLOSURE.  1. A HEALTH CARE  PROFESSIONAL  SHALL  DISCLOSE  TO
   29  PATIENTS  OR  PROSPECTIVE  PATIENTS  IN  WRITING  OR THROUGH AN INTERNET
   30  WEBSITE THE HEALTH CARE PLANS IN WHICH THE HEALTH CARE PROFESSIONAL IS A
   31  PARTICIPATING PROVIDER AND THE HOSPITALS  WITH  WHICH  THE  HEALTH  CARE
   32  PROFESSIONAL  IS  AFFILIATED  PRIOR  TO  THE  PROVISION OF NON-EMERGENCY
   33  SERVICES AND VERBALLY AT THE TIME AN APPOINTMENT IS SCHEDULED.
   34    2. IF A HEALTH CARE PROFESSIONAL DOES NOT PARTICIPATE IN  THE  NETWORK
   35  OF  A  PATIENT'S  OR  PROSPECTIVE PATIENT'S HEALTH CARE PLAN, THE HEALTH
   36  CARE PROFESSIONAL SHALL:  (A) PRIOR TO THE  PROVISION  OF  NON-EMERGENCY
   37  SERVICES,  INFORM  A  PATIENT  OR PROSPECTIVE PATIENT THAT THE AMOUNT OR
   38  ESTIMATED AMOUNT THE HEALTH CARE PROFESSIONAL WILL BILL THE PATIENT  FOR
   39  HEALTH  CARE SERVICES IS AVAILABLE UPON REQUEST; AND (B) UPON RECEIPT OF
   40  A REQUEST FROM A PATIENT OR PROSPECTIVE PATIENT, DISCLOSE TO THE PATIENT
   41  OR PROSPECTIVE PATIENT IN WRITING THE AMOUNT  OR  ESTIMATED  AMOUNT  THE
   42  HEALTH  CARE  PROFESSIONAL  WILL BILL THE PATIENT OR PROSPECTIVE PATIENT
   43  FOR HEALTH CARE SERVICES PROVIDED OR ANTICIPATED TO BE PROVIDED  TO  THE
   44  PATIENT  OR  PROSPECTIVE PATIENT ABSENT UNFORESEEN MEDICAL CIRCUMSTANCES
   45  THAT MAY ARISE WHEN THE HEALTH CARE SERVICES ARE PROVIDED.
   46    3. A HEALTH CARE PROFESSIONAL WHO  IS  A  PHYSICIAN  SHALL  PROVIDE  A
   47  PATIENT  OR  PROSPECTIVE  PATIENT  WITH THE NAME, PRACTICE NAME, MAILING
   48  ADDRESS, AND TELEPHONE NUMBER OF ANY HEALTH CARE PROVIDER  SCHEDULED  TO
   49  PERFORM  ANESTHESIOLOGY,  LABORATORY,  PATHOLOGY, RADIOLOGY OR ASSISTANT
   50  SURGEON SERVICES IN CONNECTION WITH CARE TO BE PROVIDED  IN  THE  PHYSI-
   51  CIAN'S  OFFICE  FOR THE PATIENT OR COORDINATED OR REFERRED BY THE PHYSI-
   52  CIAN FOR THE PATIENT PRIOR TO THE PROVISION OF SERVICES.
   53    4.   A HEALTH CARE PROFESSIONAL  WHO  IS  A  PHYSICIAN  SHALL,  FOR  A
   54  PATIENT'S  SCHEDULED HOSPITAL ADMISSION OR SCHEDULED OUTPATIENT HOSPITAL
   55  SERVICES, PROVIDE A PATIENT AND THE HOSPITAL  WITH  THE  NAME,  PRACTICE
   56  NAME,  MAILING ADDRESS AND TELEPHONE NUMBER OF ANY OTHER PHYSICIAN WHOSE
       S. 6357                            72                            A. 8557
    1  SERVICES WILL BE ARRANGED BY THE PHYSICIAN AND ARE SCHEDULED AT THE TIME
    2  OF THE PRE-ADMISSION TESTING, REGISTRATION   OR ADMISSION PRIOR  TO  THE
    3  PROVISION  OF  SERVICES;  AND  INFORMATION  AS  TO  HOW TO DETERMINE THE
    4  HEALTHCARE PLANS IN WHICH THE PHYSICIAN PARTICIPATES.
    5    5.  A HOSPITAL SHALL ESTABLISH, UPDATE AND MAKE PUBLIC THROUGH POSTING
    6  ON THE HOSPITAL'S WEBSITE, TO THE EXTENT REQUIRED BY FEDERAL GUIDELINES,
    7  A LIST OF  THE  HOSPITAL'S  STANDARD  CHARGES  FOR  ITEMS  AND  SERVICES
    8  PROVIDED  BY THE HOSPITAL, INCLUDING FOR DIAGNOSIS-RELATED GROUPS ESTAB-
    9  LISHED UNDER SECTION 1886(D)(4) OF THE FEDERAL SOCIAL SECURITY ACT.
   10    6. A HOSPITAL SHALL POST ON THE HOSPITAL'S WEBSITE:   (A)  THE  HEALTH
   11  CARE  PLANS  IN  WHICH  THE  HOSPITAL IS A PARTICIPATING PROVIDER; (B) A
   12  STATEMENT THAT (I) PHYSICIAN SERVICES PROVIDED IN THE HOSPITAL  ARE  NOT
   13  INCLUDED IN THE HOSPITAL'S CHARGES; (II) PHYSICIANS WHO PROVIDE SERVICES
   14  IN  THE  HOSPITAL  MAY  OR MAY NOT PARTICIPATE WITH THE SAME HEALTH CARE
   15  PLANS AS THE HOSPITAL, AND; (III) THE PROSPECTIVE PATIENT  SHOULD  CHECK
   16  WITH  THE PHYSICIAN ARRANGING FOR THE HOSPITAL SERVICES TO DETERMINE THE
   17  HEALTH CARE PLANS IN WHICH THE PHYSICIAN PARTICIPATES; (C)  AS  APPLICA-
   18  BLE,  THE  NAME,  MAILING  ADDRESS AND TELEPHONE NUMBER OF THE PHYSICIAN
   19  GROUPS THAT THE HOSPITAL HAS CONTRACTED WITH TO PROVIDE SERVICES INCLUD-
   20  ING ANESTHESIOLOGY, PATHOLOGY OR  RADIOLOGY,  AND  INSTRUCTIONS  HOW  TO
   21  CONTACT  THESE GROUPS TO DETERMINE THE HEALTH CARE PLAN PARTICIPATION OF
   22  THE PHYSICIANS IN THESE GROUPS; AND (D) AS APPLICABLE, THE NAME, MAILING
   23  ADDRESS, AND TELEPHONE NUMBER OF PHYSICIANS EMPLOYED BY THE HOSPITAL AND
   24  WHOSE SERVICES MAY BE PROVIDED AT THE  HOSPITAL,  AND  THE  HEALTH  CARE
   25  PLANS IN WHICH THEY PARTICIPATE.
   26    7.  IN REGISTRATION OR ADMISSION MATERIALS PROVIDED IN ADVANCE OF NON-
   27  EMERGENCY HOSPITAL SERVICES, A HOSPITAL SHALL: (A) ADVISE THE PATIENT OR
   28  PROSPECTIVE PATIENT TO CHECK WITH THE PHYSICIAN ARRANGING  THE  HOSPITAL
   29  SERVICES  TO DETERMINE: (I) THE NAME, PRACTICE NAME, MAILING ADDRESS AND
   30  TELEPHONE NUMBER OF ANY OTHER PHYSICIAN WHOSE SERVICES WILL BE  ARRANGED
   31  BY  THE  PHYSICIAN;  AND (II) WHETHER THE SERVICES OF PHYSICIANS WHO ARE
   32  EMPLOYED OR CONTRACTED BY THE HOSPITAL  TO  PROVIDE  SERVICES  INCLUDING
   33  ANESTHESIOLOGY, PATHOLOGY AND/OR RADIOLOGY ARE REASONABLY ANTICIPATED TO
   34  BE  PROVIDED  TO  THE  PATIENT;  AND (B) PROVIDE PATIENTS OR PROSPECTIVE
   35  PATIENTS WITH INFORMATION AS TO HOW TO TIMELY DETERMINE THE HEALTH  CARE
   36  PLANS  PARTICIPATED  IN  BY PHYSICIANS WHO ARE REASONABLY ANTICIPATED TO
   37  PROVIDE SERVICES TO THE PATIENT AT THE HOSPITAL, AS  DETERMINED  BY  THE
   38  PHYSICIAN ARRANGING THE PATIENT'S HOSPITAL SERVICES, AND WHO ARE EMPLOY-
   39  EES  OF  THE  HOSPITAL OR CONTRACTED BY THE HOSPITAL TO PROVIDE SERVICES
   40  INCLUDING ANESTHESIOLOGY, RADIOLOGY AND/OR PATHOLOGY.
   41    8. FOR PURPOSES OF THIS SUBDIVISION:
   42    (A) "HEALTH CARE PLAN" MEANS A HEALTH  INSURER  INCLUDING  AN  INSURER
   43  LICENSED TO WRITE ACCIDENT AND HEALTH INSURANCE SUBJECT TO ARTICLE THIR-
   44  TY-TWO OF THE INSURANCE LAW; A CORPORATION ORGANIZED PURSUANT TO ARTICLE
   45  FORTY-THREE OF THE INSURANCE LAW; A MUNICIPAL COOPERATIVE HEALTH BENEFIT
   46  PLAN  CERTIFIED  PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW; A
   47  HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR
   48  OF THIS CHAPTER; A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED  PURSU-
   49  ANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THE INSURANCE LAW
   50  OR A SELF-FUNDED EMPLOYEE WELFARE BENEFIT PLAN.
   51    (B) "HEALTH CARE PROFESSIONAL" MEANS AN APPROPRIATELY LICENSED, REGIS-
   52  TERED  OR  CERTIFIED HEALTH CARE PROFESSIONAL PURSUANT TO TITLE EIGHT OF
   53  THE EDUCATION LAW.
   54    S 17-a. Paragraph (a) of subdivision 6 of section 4403 of  the  public
   55  health  law,  as added by chapter 705 of the laws of 1996, is amended to
   56  read as follows:
       S. 6357                            73                            A. 8557
    1    (a) If a health maintenance organization determines that it  does  not
    2  have  a health care provider with appropriate training and experience in
    3  its panel or network to meet the particular  health  care  needs  of  an
    4  enrollee,  the  health maintenance organization shall make a referral to
    5  an  appropriate  provider,  pursuant to a treatment plan approved by the
    6  health maintenance organization in consultation with  the  primary  care
    7  provider,  the non-participating provider and the enrollee or enrollee's
    8  designee, at no additional cost to the enrollee beyond what the enrollee
    9  would otherwise pay for services received within the network. NOTHING IN
   10  THIS PARAGRAPH SHALL BE CONSTRUED TO ENTITLE AN ENROLLEE TO  A  REFERRAL
   11  TO THE ENROLLEE'S PREFERRED PROVIDER, WHERE THAT PROVIDER IS OUT-OF-NET-
   12  WORK.  THE  PROVISIONS OF THIS PARAGRAPH SHALL ONLY APPLY IF THERE IS NO
   13  IN-NETWORK PROVIDER GEOGRAPHICALLY ACCESSIBLE TO THE  ENROLLEE  WHO  HAS
   14  THE  APPROPRIATE  ESSENTIAL LEVEL OF TRAINING AND EXPERIENCE TO MEET THE
   15  PARTICULAR NEEDS OF THE ENROLLEE.
   16    S 18. Paragraphs (k), (p-1), (q) and (r) of subdivision 1  of  section
   17  4408  of  the public health law, paragraphs (k), (q) and (r) as added by
   18  chapter 705 of the laws of 1996, and paragraph (p-1) as added by chapter
   19  554 of the laws of 2002, are amended and three new paragraphs  (s),  (t)
   20  and (u) are added to read as follows:
   21    (k)  notice  that  an  enrollee may obtain a referral to a health care
   22  provider outside of the health  maintenance  organization's  network  or
   23  panel  when  the  health maintenance organization does not have a health
   24  care provider [with] WHO IS GEOGRAPHICALLY ACCESSIBLE  TO  THE  ENROLLEE
   25  AND  WHO  HAS  appropriate ESSENTIAL LEVEL OF training and experience in
   26  the network or panel to meet the particular health  care  needs  of  the
   27  enrollee  and the procedure by which the enrollee can obtain such refer-
   28  ral;
   29    (p-1) notice that an enrollee shall have direct access to primary  and
   30  preventive obstetric and gynecologic services, INCLUDING ANNUAL EXAMINA-
   31  TIONS,  CARE  RESULTING  FROM SUCH ANNUAL EXAMINATIONS, AND TREATMENT OF
   32  ACUTE GYNECOLOGIC CONDITIONS, from a qualified provider of such services
   33  of her choice from within the plan [for no fewer than  two  examinations
   34  annually  for such services] or [to] FOR any care related to A pregnancy
   35  [and that additionally, the enrollee shall have direct access to primary
   36  and preventive obstetric and gynecologic services required as  a  result
   37  of  such  annual  examinations  or  as  a result of an acute gynecologic
   38  condition];
   39    (q) notice of all appropriate mailing addresses and telephone  numbers
   40  to be utilized by enrollees seeking information or authorization; [and]
   41    (r)  a  listing by specialty, which may be in a separate document that
   42  is updated annually, of the name, address and telephone  number  of  all
   43  participating  providers, including facilities, and, in addition, in the
   44  case of physicians, board certification[.],  LANGUAGES  SPOKEN  AND  ANY
   45  AFFILIATIONS  WITH  PARTICIPATING  HOSPITALS.  THE LISTING SHALL ALSO BE
   46  POSTED ON THE HEALTH MAINTENANCE ORGANIZATION'S WEBSITE AND  THE  HEALTH
   47  MAINTENANCE ORGANIZATION SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF
   48  THE  ADDITION  OR  TERMINATION OF A PROVIDER FROM THE HEALTH MAINTENANCE
   49  ORGANIZATION'S NETWORK OR A CHANGE  IN  A  PHYSICIAN'S  HOSPITAL  AFFIL-
   50  IATION;
   51    (S) WHERE APPLICABLE, A DESCRIPTION OF THE METHOD BY WHICH AN ENROLLEE
   52  MAY SUBMIT A CLAIM FOR HEALTH CARE SERVICES;
   53    (T) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE:
   54    (I)  A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE HEALTH MAINTE-
   55  NANCE ORGANIZATION TO DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK  HEALTH
   56  CARE SERVICES;
       S. 6357                            74                            A. 8557
    1    (II) A DESCRIPTION OF THE AMOUNT THAT THE HEALTH MAINTENANCE ORGANIZA-
    2  TION WILL REIMBURSE UNDER THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE
    3  SERVICES  SET  FORTH AS A PERCENTAGE OF THE USUAL AND CUSTOMARY COST FOR
    4  OUT-OF-NETWORK HEALTH CARE SERVICES;
    5    (III)  EXAMPLES  OF  ANTICIPATED  OUT-OF-POCKET  COSTS  FOR FREQUENTLY
    6  BILLED OUT-OF-NETWORK HEALTH CARE SERVICES; AND
    7    (U) INFORMATION IN  WRITING  AND  THROUGH  AN  INTERNET  WEBSITE  THAT
    8  REASONABLY  PERMITS AN ENROLLEE OR PROSPECTIVE ENROLLEE TO DETERMINE THE
    9  ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH  CARE  SERVICES
   10  IN  A  GEOGRAPHICAL  AREA  OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN
   11  WHAT THE HEALTH MAINTENANCE ORGANIZATION WILL REIMBURSE FOR  OUT-OF-NET-
   12  WORK  HEALTH  CARE  SERVICES  AND  THE  USUAL  AND  CUSTOMARY  COST  FOR
   13  OUT-OF-NETWORK HEALTH CARE SERVICES.
   14    S 19. Paragraphs (k) and (l) of subdivision 2 of section 4408  of  the
   15  public  health  law,  as  added  by chapter 705 of the laws of 1996, are
   16  amended and two new paragraphs (m) and (n) are added to read as follows:
   17    (k) provide the written application procedures and minimum  qualifica-
   18  tion  requirements  for  health  care  providers to be considered by the
   19  health maintenance organization; [and]
   20    (1) disclose  other  information  as  required  by  the  commissioner,
   21  provided  that  such  requirements are promulgated pursuant to the state
   22  administrative procedure act[.];
   23    (M) DISCLOSE WHETHER A HEALTH CARE PROVIDER  SCHEDULED  TO  PROVIDE  A
   24  HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND
   25    (N)   WHERE  APPLICABLE,  WITH  RESPECT  TO  OUT-OF-NETWORK  COVERAGE,
   26  DISCLOSE THE DOLLAR AMOUNT THAT THE HEALTH MAINTENANCE ORGANIZATION WILL
   27  PAY FOR A SPECIFIC OUT-OF-NETWORK HEALTH CARE SERVICE.
   28    S 20. Section 4408 of the public health law is amended by adding a new
   29  subdivision 7 to read as follows:
   30    7.  FOR PURPOSES OF THIS SECTION, "USUAL  AND  CUSTOMARY  COST"  SHALL
   31  MEAN  THE  EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH
   32  CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME  OR  SIMILAR  SPECIALTY
   33  AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING
   34  DATABASE  MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPER-
   35  INTENDENT OF FINANCIAL SERVICES. THE NONPROFIT ORGANIZATION SHALL NOT BE
   36  AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE
   37  OF THE INSURANCE LAW, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTI-
   38  FIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW, OR  A  HEALTH
   39  MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO THIS ARTICLE.
   40    S  21.  Subdivision  7-g  of  section 4900 of the public health law is
   41  renumbered subdivision 7-h and a new subdivision 7-g is added to read as
   42  follows:
   43    7-G. "OUT-OF-NETWORK REFERRAL DENIAL" MEANS A DENIAL OF A REQUEST  FOR
   44  AN  AUTHORIZATION OR REFERRAL TO AN OUT-OF-NETWORK PROVIDER ON THE BASIS
   45  THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN  THE  IN-NETWORK
   46  BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE
   47  TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND WHO IS ABLE
   48  TO PROVIDE THE REQUESTED HEALTH SERVICE. THE NOTICE OF AN OUT-OF-NETWORK
   49  REFERRAL  DENIAL  PROVIDED  TO  AN  ENROLLEE  SHALL  INCLUDE INFORMATION
   50  EXPLAINING WHAT INFORMATION THE ENROLLEE MUST SUBMIT IN ORDER TO  APPEAL
   51  THE  OUT-OF-NETWORK  REFERRAL  DENIAL  PURSUANT  TO SUBDIVISION ONE-B OF
   52  SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS ARTICLE. AN  OUT-OF-NET-
   53  WORK  REFERRAL  DENIAL  UNDER  THIS  SUBDIVISION  DOES NOT CONSTITUTE AN
   54  ADVERSE DETERMINATION AS DEFINED  IN  THIS  ARTICLE.  AN  OUT-OF-NETWORK
   55  REFERRAL  DENIAL  SHALL  NOT  BE  CONSTRUED TO INCLUDE AN OUT-OF-NETWORK
   56  DENIAL AS DEFINED IN SUBDIVISION SEVEN-F OF THIS SECTION.
       S. 6357                            75                            A. 8557
    1    S 22. Subdivision 2 of section 4903  of  the  public  health  law,  as
    2  amended  by  chapter  514  of  the  laws  of 2013, is amended to read as
    3  follows:
    4    2. A utilization review agent shall make a utilization review determi-
    5  nation  involving  health  care services which require pre-authorization
    6  and provide notice of a determination  to  the  enrollee  or  enrollee's
    7  designee  and  the  enrollee's  health care provider by telephone and in
    8  writing within three business days of receipt of the necessary  informa-
    9  tion.  To  the  extent  practicable,  such  written  notification to the
   10  enrollee's health care provider shall be transmitted electronically,  in
   11  a  manner  and  in  a  form agreed upon by the parties. THE NOTIFICATION
   12  SHALL IDENTIFY; (A) WHETHER THE SERVICES ARE  CONSIDERED  IN-NETWORK  OR
   13  OUT-OF-NETWORK;  (B)  AND WHETHER THE ENROLLEE WILL BE HELD HARMLESS FOR
   14  THE SERVICES AND NOT BE RESPONSIBLE FOR  ANY  PAYMENT,  OTHER  THAN  ANY
   15  APPLICABLE  CO-PAYMENT  OR  CO-INSURANCE;  (C) AS APPLICABLE, THE DOLLAR
   16  AMOUNT THE HEALTH CARE PLAN WILL PAY IF THE SERVICE  IS  OUT-OF-NETWORK;
   17  AND (D) AS APPLICABLE, INFORMATION EXPLAINING HOW AN ENROLLEE MAY DETER-
   18  MINE  THE  ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE
   19  SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED  UPON  THE  DIFFERENCE
   20  BETWEEN  WHAT  THE  HEALTH  CARE  PLAN WILL REIMBURSE FOR OUT-OF-NETWORK
   21  HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK
   22  HEALTH CARE SERVICES.
   23    S 23. Section 4904 of the public health law is amended by adding a new
   24  subdivision 1-b to read as follows:
   25    1-B. AN ENROLLEE OR THE ENROLLEE'S DESIGNEE MAY APPEAL A DENIAL OF  AN
   26  OUT-OF-NETWORK  REFERRAL  BY  A HEALTH CARE PLAN BY SUBMITTING A WRITTEN
   27  STATEMENT FROM  THE  ENROLLEE'S  ATTENDING  PHYSICIAN,  WHO  MUST  BE  A
   28  LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRAC-
   29  TICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE ENROLLEE
   30  FOR  THE HEALTH SERVICE SOUGHT, PROVIDED THAT: (A) THE IN-NETWORK HEALTH
   31  CARE PROVIDER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE  PLAN  DO  NOT
   32  HAVE  THE  APPROPRIATE  TRAINING  AND  EXPERIENCE TO MEET THE PARTICULAR
   33  HEALTH CARE NEEDS OF THE ENROLLEE FOR THE HEALTH SERVICE; AND (B) RECOM-
   34  MENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPE-
   35  RIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE ENROLLEE, AND WHO
   36  IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE.
   37    S 24. Subdivision 2 of section  4910  of  the  public  health  law  is
   38  amended by adding a new paragraph (d) to read as follows:
   39    (D)(I)  THE  ENROLLEE HAS HAD AN OUT-OF-NETWORK REFERRAL DENIED ON THE
   40  GROUNDS THAT THE HEALTH CARE PLAN HAS A  HEALTH  CARE  PROVIDER  IN  THE
   41  IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND
   42  EXPERIENCE  TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND
   43  WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE.
   44    (II) THE ENROLLEE'S ATTENDING PHYSICIAN,  WHO  SHALL  BE  A  LICENSED,
   45  BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRACTICE IN THE
   46  SPECIALTY  AREA  OF  PRACTICE  APPROPRIATE TO TREAT THE ENROLLEE FOR THE
   47  HEALTH SERVICE SOUGHT, CERTIFIES THAT THE IN-NETWORK HEALTH CARE PROVID-
   48  ER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE  PLAN  DO  NOT  HAVE  THE
   49  APPROPRIATE  TRAINING  AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE
   50  NEEDS OF AN ENROLLEE, AND RECOMMENDS AN OUT-OF-NETWORK PROVIDER WITH THE
   51  APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR  HEALTH  CARE
   52  NEEDS  OF  AN  ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH
   53  SERVICE.
   54    S 25. Paragraph (d) of subdivision 2 of section  4914  of  the  public
   55  health  law  is  amended  by  adding  a  new subparagraph (D) to read as
   56  follows:
       S. 6357                            76                            A. 8557
    1    (D) FOR EXTERNAL APPEALS REQUESTED PURSUANT TO PARAGRAPH (D) OF SUBDI-
    2  VISION TWO OF SECTION FOUR THOUSAND  NINE  HUNDRED  TEN  OF  THIS  TITLE
    3  RELATING TO AN OUT-OF-NETWORK REFERRAL DENIAL, THE EXTERNAL APPEAL AGENT
    4  SHALL  REVIEW THE UTILIZATION REVIEW AGENT'S FINAL ADVERSE DETERMINATION
    5  AND,  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF THIS TITLE, SHALL MAKE A
    6  DETERMINATION AS TO WHETHER THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED
    7  BY THE HEALTH PLAN; PROVIDED THAT SUCH DETERMINATION SHALL:
    8    (I) BE CONDUCTED ONLY BY ONE OR A GREATER ODD NUMBER OF CLINICAL  PEER
    9  REVIEWERS;
   10    (II) BE ACCOMPANIED BY A WRITTEN STATEMENT:
   11    (1)  THAT  THE  OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH
   12  CARE PLAN EITHER WHEN THE REVIEWER OR A MAJORITY OF THE PANEL OF REVIEW-
   13  ERS DETERMINES, UPON REVIEW  OF  THE  TRAINING  AND  EXPERIENCE  OF  THE
   14  IN-NETWORK  HEALTH  CARE PROVIDER OR PROVIDERS PROPOSED BY THE PLAN, THE
   15  TRAINING AND EXPERIENCE OF THE REQUESTED  OUT-OF-NETWORK  PROVIDER,  THE
   16  CLINICAL  STANDARDS OF THE PLAN, THE INFORMATION PROVIDED CONCERNING THE
   17  ENROLLEE,  THE  ATTENDING  PHYSICIAN'S  RECOMMENDATION,  THE  ENROLLEE'S
   18  MEDICAL  RECORD,  AND  ANY  OTHER PERTINENT INFORMATION, THAT THE HEALTH
   19  PLAN DOES NOT HAVE A PROVIDER WITH THE APPROPRIATE TRAINING AND  EXPERI-
   20  ENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE WHO IS ABLE
   21  TO  PROVIDE  THE  REQUESTED  HEALTH SERVICE, AND THAT THE OUT-OF-NETWORK
   22  PROVIDER HAS THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTIC-
   23  ULAR HEALTH CARE NEEDS OF AN ENROLLEE, IS ABLE TO PROVIDE THE  REQUESTED
   24  HEALTH  SERVICE,  AND  IS LIKELY TO PRODUCE A MORE CLINICALLY BENEFICIAL
   25  OUTCOME; OR
   26    (2) UPHOLDING THE HEALTH PLAN'S DENIAL OF COVERAGE;
   27    (III) BE SUBJECT TO THE TERMS AND CONDITIONS GENERALLY  APPLICABLE  TO
   28  BENEFITS UNDER THE EVIDENCE OF COVERAGE UNDER THE HEALTH CARE PLAN;
   29    (IV) BE BINDING ON THE PLAN AND THE ENROLLEE; AND
   30    (V) BE ADMISSIBLE IN ANY COURT PROCEEDING.
   31    S  26. The financial services law is amended by adding a new article 6
   32  to read as follows:
   33                                   ARTICLE 6
   34                EMERGENCY MEDICAL SERVICES AND SURPRISE BILLS
   35  SECTION 601. DISPUTE RESOLUTION PROCESS ESTABLISHED.
   36          602. APPLICABILITY.
   37          603. DEFINITIONS.
   38          604. CRITERIA FOR DETERMINING A REASONABLE FEE.
   39          605. DISPUTE RESOLUTION FOR EMERGENCY SERVICES.
   40          606. HOLD HARMLESS AND ASSIGNMENT OF BENEFITS FOR SURPRISE BILLS
   41                 FOR INSUREDS.
   42          607. DISPUTE RESOLUTION FOR SURPRISE BILLS.
   43          608. PAYMENT FOR INDEPENDENT DISPUTE RESOLUTION ENTITY.
   44    S 601. DISPUTE  RESOLUTION  PROCESS  ESTABLISHED.  THE  SUPERINTENDENT
   45  SHALL  ESTABLISH  A  DISPUTE RESOLUTION PROCESS BY WHICH A DISPUTE FOR A
   46  BILL FOR EMERGENCY SERVICES OR A SURPRISE  BILL  MAY  BE  RESOLVED.  THE
   47  SUPERINTENDENT  SHALL  HAVE THE POWER TO GRANT AND REVOKE CERTIFICATIONS
   48  OF INDEPENDENT DISPUTE RESOLUTION ENTITIES TO CONDUCT THE DISPUTE RESOL-
   49  UTION PROCESS. THE SUPERINTENDENT SHALL  PROMULGATE  REGULATIONS  ESTAB-
   50  LISHING  STANDARDS FOR THE DISPUTE RESOLUTION PROCESS, INCLUDING A PROC-
   51  ESS  FOR  CERTIFYING  AND  SELECTING  INDEPENDENT   DISPUTE   RESOLUTION
   52  ENTITIES.
   53    S  602.  APPLICABILITY.  THIS  ARTICLE  SHALL NOT APPLY TO HEALTH CARE
   54  SERVICES, INCLUDING EMERGENCY SERVICES, WHERE PHYSICIAN FEES ARE SUBJECT
   55  TO SCHEDULES OR OTHER MONETARY LIMITATIONS UNDER ANY OTHER LAW,  INCLUD-
       S. 6357                            77                            A. 8557
    1  ING THE WORKERS' COMPENSATION LAW AND ARTICLE FIFTY-ONE OF THE INSURANCE
    2  LAW, AND SHALL NOT PREEMPT ANY SUCH LAW.
    3    S 603. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
    4    (A) "EMERGENCY CONDITION" MEANS A MEDICAL OR BEHAVIORAL CONDITION THAT
    5  MANIFESTS  ITSELF  BY  ACUTE  SYMPTOMS OF SUFFICIENT SEVERITY, INCLUDING
    6  SEVERE PAIN, SUCH THAT A PRUDENT LAYPERSON, POSSESSING AN AVERAGE  KNOW-
    7  LEDGE  OF  MEDICINE  AND  HEALTH, COULD REASONABLY EXPECT THE ABSENCE OF
    8  IMMEDIATE MEDICAL ATTENTION TO RESULT IN : (1) PLACING THE HEALTH OF THE
    9  PERSON AFFLICTED WITH SUCH CONDITION IN SERIOUS JEOPARDY, OR IN THE CASE
   10  OF A BEHAVIORAL CONDITION PLACING THE HEALTH OF SUCH PERSON OR OTHERS IN
   11  SERIOUS JEOPARDY; (2) SERIOUS IMPAIRMENT TO SUCH PERSON'S  BODILY  FUNC-
   12  TIONS;  (3)  SERIOUS  DYSFUNCTION  OF  ANY  BODILY ORGAN OR PART OF SUCH
   13  PERSON; (4) SERIOUS DISFIGUREMENT OF SUCH PERSON;  OR  (5)  A  CONDITION
   14  DESCRIBED  IN  CLAUSE (I), (II) OR (III) OF SECTION 1867(E)(1)(A) OF THE
   15  SOCIAL SECURITY ACT 42 U.S.C. S 1395DD.
   16    (B) "EMERGENCY SERVICES" MEANS, WITH RESPECT TO  AN  EMERGENCY  CONDI-
   17  TION: (1) A MEDICAL SCREENING EXAMINATION AS REQUIRED UNDER SECTION 1867
   18  OF  THE  SOCIAL  SECURITY  ACT,  42 U.S.C. S 1395DD, WHICH IS WITHIN THE
   19  CAPABILITY OF THE EMERGENCY DEPARTMENT OF A HOSPITAL,  INCLUDING  ANCIL-
   20  LARY  SERVICES ROUTINELY AVAILABLE TO THE EMERGENCY DEPARTMENT TO EVALU-
   21  ATE SUCH EMERGENCY MEDICAL CONDITION; AND (2) WITHIN THE CAPABILITIES OF
   22  THE STAFF AND FACILITIES AVAILABLE AT THE HOSPITAL, SUCH FURTHER MEDICAL
   23  EXAMINATION AND TREATMENT AS ARE REQUIRED  UNDER  SECTION  1867  OF  THE
   24  SOCIAL SECURITY ACT, 42 U.S.C.  S 1395DD, TO STABILIZE THE PATIENT.
   25    (C) "HEALTH CARE PLAN" MEANS AN INSURER LICENSED TO WRITE ACCIDENT AND
   26  HEALTH  INSURANCE PURSUANT TO ARTICLE THIRTY-TWO OF THE INSURANCE LAW; A
   27  CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF  THE  INSURANCE
   28  LAW;  A  MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO
   29  ARTICLE FORTY-SEVEN OF THE INSURANCE LAW; A HEALTH MAINTENANCE ORGANIZA-
   30  TION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH  LAW;
   31  OR  A  STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION
   32  ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THE INSURANCE LAW.
   33    (D) "INSURED" MEANS A PATIENT COVERED UNDER A HEALTH CARE PLAN'S POLI-
   34  CY OR CONTRACT.
   35    (E) "NON-PARTICIPATING" MEANS NOT HAVING A CONTRACT WITH A HEALTH CARE
   36  PLAN TO PROVIDE HEALTH CARE SERVICES TO AN INSURED.
   37    (F) "PARTICIPATING" MEANS HAVING A CONTRACT WITH A HEALTH CARE PLAN TO
   38  PROVIDE HEALTH CARE SERVICES TO AN INSURED.
   39    (G) "PATIENT" MEANS  A  PERSON  WHO  RECEIVES  HEALTH  CARE  SERVICES,
   40  INCLUDING EMERGENCY SERVICES, IN THIS STATE.
   41    (H)  "SURPRISE BILL" MEANS A BILL FOR HEALTH CARE SERVICES, OTHER THAN
   42  EMERGENCY SERVICES, RECEIVED BY:
   43    (1) AN INSURED FOR SERVICES RENDERED BY A NON-PARTICIPATING  PHYSICIAN
   44  AT  A  PARTICIPATING  HOSPITAL  OR  AMBULATORY  SURGICAL CENTER, WHERE A
   45  PARTICIPATING PHYSICIAN IS UNAVAILABLE  AT  THE  TIME  THE  HEALTH  CARE
   46  SERVICES ARE RENDERED; PROVIDED, HOWEVER, THAT A SURPRISE BILL SHALL NOT
   47  MEAN  A  BILL  RECEIVED  FOR  HEALTH  CARE SERVICES WHEN A PARTICIPATING
   48  PHYSICIAN IS AVAILABLE AND THE INSURED HAS ELECTED  TO  OBTAIN  SERVICES
   49  FROM A NON-PARTICIPATING PHYSICIAN; OR
   50    (2)  A PATIENT WHO IS NOT AN INSURED FOR SERVICES RENDERED BY A PHYSI-
   51  CIAN AT A HOSPITAL OR AMBULATORY SURGICAL CENTER, WHERE THE PATIENT  HAS
   52  NOT  TIMELY RECEIVED ALL OF THE DISCLOSURES REQUIRED PURSUANT TO SECTION
   53  TWENTY-FOUR OF THE PUBLIC HEALTH LAW.
   54    (I) "USUAL AND CUSTOMARY COST" MEANS THE EIGHTIETH PERCENTILE  OF  ALL
   55  CHARGES  FOR  THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER
   56  IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE  SAME  GEOGRAPHICAL
       S. 6357                            78                            A. 8557
    1  AREA  AS  REPORTED  IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT
    2  ORGANIZATION SPECIFIED BY THE SUPERINTENDENT. THE NONPROFIT ORGANIZATION
    3  SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO  ARTI-
    4  CLE  FORTY-THREE  OF  THE  INSURANCE LAW, A MUNICIPAL COOPERATIVE HEALTH
    5  BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE  INSURANCE
    6  LAW,  OR A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE
    7  FORTY-FOUR OF THE PUBLIC HEALTH LAW.
    8    S 604. CRITERIA FOR DETERMINING A REASONABLE FEE. IN  DETERMINING  THE
    9  APPROPRIATE  AMOUNT  TO  PAY  FOR  A HEALTH CARE SERVICE, AN INDEPENDENT
   10  DISPUTE RESOLUTION ENTITY SHALL CONSIDER ALL RELEVANT  FACTORS,  INCLUD-
   11  ING:
   12    (A)  WHETHER THERE IS A GROSS DISPARITY BETWEEN THE FEE CHARGED BY THE
   13  PHYSICIAN FOR SERVICES RENDERED AS COMPARED TO:
   14    (1) FEES PAID TO THE INVOLVED PHYSICIAN FOR THE SAME SERVICES RENDERED
   15  BY THE PHYSICIAN TO OTHER PATIENTS IN HEALTH CARE  PLANS  IN  WHICH  THE
   16  PHYSICIAN IS NOT PARTICIPATING, AND
   17    (2)  IN  THE CASE OF A DISPUTE INVOLVING A HEALTH CARE PLAN, FEES PAID
   18  BY THE HEALTH CARE PLAN TO REIMBURSE SIMILARLY QUALIFIED PHYSICIANS  FOR
   19  THE  SAME SERVICES IN THE SAME REGION WHO ARE NOT PARTICIPATING WITH THE
   20  HEALTH CARE PLAN;
   21    (B) THE LEVEL OF TRAINING, EDUCATION AND EXPERIENCE OF THE PHYSICIAN;
   22    (C) THE PHYSICIAN'S USUAL CHARGE FOR COMPARABLE SERVICES  WITH  REGARD
   23  TO  PATIENTS  IN HEALTH CARE PLANS IN WHICH THE PHYSICIAN IS NOT PARTIC-
   24  IPATING;
   25    (D) THE CIRCUMSTANCES AND COMPLEXITY OF THE PARTICULAR CASE, INCLUDING
   26  TIME AND PLACE OF THE SERVICE;
   27    (E) INDIVIDUAL PATIENT CHARACTERISTICS; AND
   28    (F) THE USUAL AND CUSTOMARY COST OF THE SERVICE.
   29    S 605.  DISPUTE  RESOLUTION  FOR  EMERGENCY  SERVICES.  (A)  EMERGENCY
   30  SERVICES FOR AN INSURED. (1) WHEN A HEALTH CARE PLAN RECEIVES A BILL FOR
   31  EMERGENCY  SERVICES  FROM A NON-PARTICIPATING PHYSICIAN, THE HEALTH CARE
   32  PLAN SHALL PAY AN AMOUNT THAT IT DETERMINES IS REASONABLE FOR THE  EMER-
   33  GENCY  SERVICES  RENDERED BY THE NON-PARTICIPATING PHYSICIAN, IN ACCORD-
   34  ANCE WITH SECTION THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A OF THE INSUR-
   35  ANCE  LAW,  EXCEPT  FOR  THE  INSURED'S   CO-PAYMENT,   COINSURANCE   OR
   36  DEDUCTIBLE,  IF  ANY,  AND  SHALL ENSURE THAT THE INSURED SHALL INCUR NO
   37  GREATER OUT-OF-POCKET COSTS FOR THE EMERGENCY SERVICES THAN THE  INSURED
   38  WOULD   HAVE   INCURRED  WITH  A  PARTICIPATING  PHYSICIAN  PURSUANT  TO
   39  SUBSECTION (C) OF SECTION THREE THOUSAND TWO HUNDRED  FORTY-ONE  OF  THE
   40  INSURANCE LAW.
   41    (2)  A  NON-PARTICIPATING PHYSICIAN OR A HEALTH CARE PLAN MAY SUBMIT A
   42  DISPUTE REGARDING A FEE OR PAYMENT FOR EMERGENCY SERVICES FOR REVIEW  TO
   43  AN INDEPENDENT DISPUTE RESOLUTION ENTITY.
   44    (3)  IN  DETERMINING  A  REASONABLE  FEE FOR THE SERVICES RENDERED, AN
   45  INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL  SELECT  EITHER  THE  HEALTH
   46  CARE  PLAN'S PAYMENT OR THE NON-PARTICIPATING PHYSICIAN'S FEE. THE INDE-
   47  PENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE WHICH AMOUNT TO SELECT
   48  BASED UPON THE CONDITIONS AND FACTORS SET FORTH IN SECTION  SIX  HUNDRED
   49  FOUR OF THIS ARTICLE.
   50    (B)  EMERGENCY  SERVICES  FOR  A PATIENT THAT IS NOT AN INSURED. (1) A
   51  PATIENT THAT IS NOT AN INSURED OR THE PATIENT'S PHYSICIAN MAY  SUBMIT  A
   52  DISPUTE  REGARDING  A  FEE FOR EMERGENCY SERVICES FOR REVIEW TO AN INDE-
   53  PENDENT DISPUTE RESOLUTION ENTITY UPON APPROVAL OF THE SUPERINTENDENT.
   54    (2) AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE A REASON-
   55  ABLE FEE FOR THE SERVICES BASED UPON THE SAME CONDITIONS AND FACTORS SET
   56  FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE.
       S. 6357                            79                            A. 8557
    1    (3) A PATIENT THAT IS NOT AN INSURED SHALL NOT BE REQUIRED TO PAY  THE
    2  PHYSICIAN'S FEE IN ORDER TO BE ELIGIBLE TO SUBMIT THE DISPUTE FOR REVIEW
    3  TO AN INDEPENDENT DISPUTE RESOLUTION ENTITY.
    4    (C)  THE  DETERMINATION  OF  AN  INDEPENDENT DISPUTE RESOLUTION ENTITY
    5  SHALL BE BINDING ON THE HEALTH CARE PLAN,  PHYSICIAN  AND  PATIENT,  AND
    6  SHALL  BE  ADMISSIBLE  IN  ANY  COURT PROCEEDING BETWEEN THE HEALTH CARE
    7  PLAN, PHYSICIAN OR PATIENT, OR IN ANY ADMINISTRATIVE PROCEEDING  BETWEEN
    8  THIS STATE AND THE PHYSICIAN.
    9    S 606. HOLD HARMLESS AND ASSIGNMENT OF BENEFITS FOR SURPRISE BILLS FOR
   10  INSUREDS.  WHEN AN INSURED ASSIGNS BENEFITS FOR A SURPRISE BILL IN WRIT-
   11  ING TO A NON-PARTICIPATING PHYSICIAN THAT KNOWS THE INSURED  IS  INSURED
   12  UNDER A HEALTH CARE PLAN, THE NON-PARTICIPATING PHYSICIAN SHALL NOT BILL
   13  THE  INSURED EXCEPT FOR ANY APPLICABLE COPAYMENT, COINSURANCE OR DEDUCT-
   14  IBLE THAT WOULD BE OWED IF THE INSURED UTILIZED A  PARTICIPATING  PHYSI-
   15  CIAN.
   16    S  607.  DISPUTE  RESOLUTION  FOR  SURPRISE BILLS.   (A) SURPRISE BILL
   17  RECEIVED BY AN INSURED WHO ASSIGNS BENEFITS.  (1) IF AN INSURED  ASSIGNS
   18  BENEFITS  TO  A  NON-PARTICIPATING PHYSICIAN, THE HEALTH CARE PLAN SHALL
   19  PAY THE NON-PARTICIPATING PHYSICIAN IN ACCORDANCE  WITH  PARAGRAPHS  TWO
   20  AND THREE OF THIS SUBSECTION.
   21    (2)  THE NON-PARTICIPATING PHYSICIAN MAY BILL THE HEALTH CARE PLAN FOR
   22  THE HEALTH CARE SERVICES RENDERED, AND THE HEALTH CARE  PLAN  SHALL  PAY
   23  THE  NON-PARTICIPATING PHYSICIAN THE BILLED AMOUNT OR ATTEMPT TO NEGOTI-
   24  ATE REIMBURSEMENT WITH THE NON-PARTICIPATING PHYSICIAN.
   25    (3) IF THE HEALTH CARE PLAN'S ATTEMPTS TO NEGOTIATE REIMBURSEMENT  FOR
   26  HEALTH  CARE SERVICES PROVIDED BY A NON-PARTICIPATING PHYSICIAN DOES NOT
   27  RESULT IN A RESOLUTION OF THE PAYMENT DISPUTE BETWEEN  THE  NON-PARTICI-
   28  PATING  PHYSICIAN  AND  THE HEALTH CARE PLAN, THE HEALTH CARE PLAN SHALL
   29  PAY THE NON-PARTICIPATING PHYSICIAN  AN  AMOUNT  THE  HEALTH  CARE  PLAN
   30  DETERMINES  IS  REASONABLE FOR THE HEALTH CARE SERVICES RENDERED, EXCEPT
   31  FOR THE INSURED'S COPAYMENT, COINSURANCE OR  DEDUCTIBLE,  IN  ACCORDANCE
   32  WITH  SECTION  THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A OF THE INSURANCE
   33  LAW.
   34    (4) EITHER THE HEALTH CARE PLAN OR THE NON-PARTICIPATING PHYSICIAN MAY
   35  SUBMIT THE DISPUTE REGARDING THE SURPRISE BILL FOR REVIEW  TO  AN  INDE-
   36  PENDENT  DISPUTE  RESOLUTION  ENTITY,  PROVIDED HOWEVER, THE HEALTH CARE
   37  PLAN MAY NOT SUBMIT THE DISPUTE UNLESS IT HAS COMPLIED WITH THE REQUIRE-
   38  MENTS OF PARAGRAPHS ONE, TWO AND THREE OF THIS SUBSECTION.
   39    (5) WHEN DETERMINING A REASONABLE FEE FOR THE SERVICES  RENDERED,  THE
   40  INDEPENDENT  DISPUTE  RESOLUTION  ENTITY  SHALL SELECT EITHER THE HEALTH
   41  CARE PLAN'S PAYMENT OR THE NON-PARTICIPATING PHYSICIAN'S FEE.  AN  INDE-
   42  PENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE WHICH AMOUNT TO SELECT
   43  BASED  UPON  THE CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED
   44  FOUR OF THIS ARTICLE.
   45    (B) SURPRISE BILL RECEIVED BY AN INSURED WHO DOES NOT ASSIGN  BENEFITS
   46  OR  BY  A  PATIENT  WHO IS NOT AN INSURED.   (1) AN INSURED WHO DOES NOT
   47  ASSIGN BENEFITS IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION  OR  A
   48  PATIENT  WHO  IS  NOT  AN  INSURED  AND WHO RECEIVES A SURPRISE BILL MAY
   49  SUBMIT A DISPUTE REGARDING THE SURPRISE BILL FOR REVIEW TO AN  INDEPEND-
   50  ENT DISPUTE RESOLUTION ENTITY.
   51    (2)  THE  INDEPENDENT  DISPUTE  RESOLUTION  ENTITY  SHALL  DETERMINE A
   52  REASONABLE FEE FOR THE SERVICES RENDERED BASED UPON THE  CONDITIONS  AND
   53  FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE.
   54    (3)  A  PATIENT  OR INSURED WHO DOES NOT ASSIGN BENEFITS IN ACCORDANCE
   55  WITH SUBSECTION (A) OF THIS SECTION SHALL NOT BE  REQUIRED  TO  PAY  THE
       S. 6357                            80                            A. 8557
    1  PHYSICIAN'S  FEE  TO BE ELIGIBLE TO SUBMIT THE DISPUTE FOR REVIEW TO THE
    2  INDEPENDENT DISPUTE ENTITY.
    3    (C)  THE  DETERMINATION  OF  AN  INDEPENDENT DISPUTE RESOLUTION ENTITY
    4  SHALL BE BINDING ON THE PATIENT, PHYSICIAN AND  HEALTH  CARE  PLAN,  AND
    5  SHALL  BE  ADMISSIBLE  IN  ANY  COURT  PROCEEDING BETWEEN THE PATIENT OR
    6  INSURED, PHYSICIAN  OR  HEALTH  CARE  PLAN,  OR  IN  ANY  ADMINISTRATIVE
    7  PROCEEDING BETWEEN THIS STATE AND THE PHYSICIAN.
    8    S  608.  PAYMENT  FOR  INDEPENDENT  DISPUTE RESOLUTION ENTITY. (A) FOR
    9  DISPUTES INVOLVING AN INSURED, WHEN THE INDEPENDENT  DISPUTE  RESOLUTION
   10  ENTITY  DETERMINES THE HEALTH CARE PLAN'S PAYMENT IS REASONABLE, PAYMENT
   11  FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE  RESPONSIBILITY  OF  THE
   12  NON-PARTICIPATING  PHYSICIAN.  WHEN  THE  INDEPENDENT DISPUTE RESOLUTION
   13  ENTITY DETERMINES THE NON-PARTICIPATING PHYSICIAN'S FEE  IS  REASONABLE,
   14  PAYMENT  FOR  THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY
   15  OF THE HEALTH CARE PLAN.
   16    (B) FOR DISPUTES INVOLVING A PATIENT THAT IS NOT AN INSURED, WHEN  THE
   17  INDEPENDENT  DISPUTE RESOLUTION ENTITY DETERMINES THE PHYSICIAN'S FEE IS
   18  REASONABLE, PAYMENT FOR THE DISPUTE  RESOLUTION  PROCESS  SHALL  BE  THE
   19  RESPONSIBILITY  OF THE PATIENT UNLESS PAYMENT FOR THE DISPUTE RESOLUTION
   20  PROCESS WOULD POSE A HARDSHIP TO THE PATIENT. THE  SUPERINTENDENT  SHALL
   21  PROMULGATE  A REGULATION TO DETERMINE PAYMENT FOR THE DISPUTE RESOLUTION
   22  PROCESS IN CASES OF HARDSHIP. WHEN THE  INDEPENDENT  DISPUTE  RESOLUTION
   23  ENTITY  DETERMINES  THE PHYSICIAN'S FEE IS UNREASONABLE, PAYMENT FOR THE
   24  DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE PHYSICIAN.
   25    S 27. This act shall take effect one year after it shall have become a
   26  law, provided, however, that:
   27    1. if the amendments by chapter 514  of  the  laws  of  2013  made  to
   28  subsection (b) of section 4903 of the insurance law and subdivision 2 of
   29  section 4903 of the public health law, as amended by sections twelve and
   30  twenty-two  of this act, respectively, take effect after such date, then
   31  sections twelve and twenty-two of this act shall take effect on the same
   32  date as chapter 514 of the laws of 2013 takes effect;
   33    2. for policies renewed on and after such date  this  act  shall  take
   34  effect on the renewal date;
   35    3.  sections  twelve, sixteen, seventeen, twenty-two and twenty-six of
   36  this act shall apply to health care services provided on and after  such
   37  date;
   38    4.  sections  eleven, thirteen, fourteen, fifteen, twenty-one, twenty-
   39  three, twenty-four and twenty-five of this act shall  apply  to  denials
   40  issued on and after such date; and
   41    5. effective immediately, the superintendent of financial services may
   42  promulgate  any  regulations  necessary  for  the  implementation of the
   43  provisions of this act on its effective date, and  may  certify  one  or
   44  more independent dispute resolution entities.
   45                                   PART V
   46    Section 1.  The opening paragraph of subsection (k) of section 2101 of
   47  the  insurance  law,  as  added  by  chapter 687 of the laws of 2003, is
   48  amended to read as follows:
   49    In this article, "insurance producer" means an insurance agent,  TITLE
   50  INSURANCE  AGENT,  TITLE INSURANCE SOLICITOR, insurance broker, reinsur-
   51  ance intermediary, excess lines broker, or any other person required  to
   52  be  licensed  under the laws of this state to sell, solicit or negotiate
   53  insurance. Such term shall not include:
       S. 6357                            81                            A. 8557
    1    S 2. Paragraph 4 of subsection (k) of section 2101  of  the  insurance
    2  law  is REPEALED and paragraphs 5, 6, 7, 8, 9, 10, 11, and 12 are renum-
    3  bered paragraphs 4, 5, 6, 7, 8, 9, 10, and 11.
    4    S  3.  Section  2101  of  the insurance law is amended by adding 3 new
    5  subsections (y), (z), and (aa) to read as follows:
    6    (Y) (1) IN THIS CHAPTER, "TITLE INSURANCE AGENT" MEANS ANY  AUTHORIZED
    7  OR ACKNOWLEDGED AGENT OF A TITLE INSURANCE CORPORATION, AND ANY SUBAGENT
    8  OR  OTHER  REPRESENTATIVE OF SUCH AN AGENT, WHO OR WHICH FOR COMMISSION,
    9  COMPENSATION, OR ANY OTHER THING OF VALUE, PERFORMS THE  FOLLOWING  ACTS
   10  IN CONJUNCTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY:
   11    (A)  DETERMINES  INSURABILITY  OR  PREPARES  OR ISSUES TITLE INSURANCE
   12  COMMITMENTS OR POLICIES, OR BOTH, BASED UPON THE PERFORMANCE  OR  REVIEW
   13  OF A SEARCH; AND
   14    (B) PERFORMS ONE OR MORE OF THE FOLLOWING FUNCTIONS:
   15    (I) COLLECTS, REMITS OR DISBURSES PREMIUM OR OTHER FUNDS;
   16    (II) HANDLES ESCROWS;
   17    (III) SELLS, SOLICITS OR NEGOTIATES TITLE INSURANCE BUSINESS; OR
   18    (IV)  CLOSES  TITLE,  INCLUDING  THE CLEARANCE OF TITLE EXCEPTIONS, IN
   19  CONNECTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY;
   20    (2) SUCH TERM SHALL  NOT  INCLUDE  ANY  REGULAR  SALARIED  OFFICER  OR
   21  EMPLOYEE  OF  AN AUTHORIZED TITLE INSURANCE CORPORATION OR OF A LICENSED
   22  TITLE INSURANCE AGENT, WHO  DOES  NOT  RECEIVE  A  COMMISSION  OR  OTHER
   23  COMPENSATION  FOR  SERVICES,  WHICH  COMMISSION OR OTHER COMPENSATION IS
   24  DIRECTLY DEPENDENT UPON THE AMOUNT OF TITLE INSURANCE BUSINESS DONE.
   25    (Z) IN THIS CHAPTER, "TITLE INSURANCE CLOSER" MEANS ANY PERSON WHO FOR
   26  COMPENSATION OR ANYTHING OF VALUE, REPRESENTS A TITLE  INSURANCE  CORPO-
   27  RATION  OR  TITLE  INSURANCE  AGENT AT THE CLOSING OF TITLE, EXCEPT THAT
   28  SUCH TERM SHALL NOT INCLUDE:
   29    (1) A LICENSED TITLE INSURANCE AGENT; OR
   30    (2) ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF  AN  AUTHORIZED  TITLE
   31  INSURANCE  CORPORATION  OR  TITLE INSURANCE AGENT WHO DOES NOT RECEIVE A
   32  COMMISSION OR OTHER COMPENSATION THAT IS  DIRECTLY  DEPENDENT  UPON  THE
   33  AMOUNT OF TITLE INSURANCE BUSINESS DONE.
   34    (AA)  IN  THIS  CHAPTER, "TITLE INSURANCE SOLICITOR" MEANS ANY PERSON,
   35  FIRM, ASSOCIATION OR CORPORATION, WHO  OR  WHICH,  FOR  COMPENSATION  OR
   36  ANYTHING  OF VALUE, SOLICITS TITLE INSURANCE ON BEHALF OF A TITLE INSUR-
   37  ANCE CORPORATION OR A TITLE INSURANCE AGENT, EXCEPT THAT SUCH TERM SHALL
   38  NOT INCLUDE:
   39    (1) A LICENSED TITLE INSURANCE AGENT; OR
   40    (2) ANY REGULAR SALARIED OFFICER OR EMPLOYEE OF  AN  AUTHORIZED  TITLE
   41  INSURANCE  CORPORATION  OR  TITLE INSURANCE AGENT WHO DOES NOT RECEIVE A
   42  COMMISSION OR OTHER COMPENSATION THAT IS  DIRECTLY  DEPENDENT  UPON  THE
   43  AMOUNT OF TITLE INSURANCE BUSINESS DONE.
   44    S 4. Subparagraph (A) of paragraph 1 of subsection (a) of section 2102
   45  of the insurance law, as amended by section 8 of part I of chapter 61 of
   46  the laws of 2011, is amended to read as follows:
   47    (A) No person, firm, association or corporation shall act as an insur-
   48  ance  producer, insurance adjuster [or], life settlement broker OR TITLE
   49  INSURANCE CLOSER in this state without having  authority  to  do  so  by
   50  virtue  of  a  license issued and in force pursuant to the provisions of
   51  this chapter.
   52    S 5. Subsection (a) of section 2109 of the insurance law, paragraph  3
   53  as  amended  by  chapter  687 of the laws of 2003, is amended to read as
   54  follows:
   55    (a)  The  superintendent  may  issue  a  temporary  insurance  agent's
   56  LICENSE,  TITLE INSURANCE AGENT'S LICENSE or insurance broker's license,
       S. 6357                            82                            A. 8557
    1  or both AN INSURANCE AGENT'S AND  INSURANCE  BROKER'S  LICENSE,  without
    2  requiring  the applicant to pass a written examination or to satisfy the
    3  requirements of subsection (c) of section two thousand one hundred  four
    4  of this article except as to age, in the case of a license issued pursu-
    5  ant  to  paragraph  two  [hereof]  OF  THIS SUBSECTION, in the following
    6  cases:
    7    (1) in the case of the death of a person who at the time of his  death
    8  was  a licensed accident and health insurance agent under subsection (a)
    9  of section two thousand one hundred three of this  article,  a  licensed
   10  insurance  agent  OR LICENSED TITLE INSURANCE AGENT under subsection (b)
   11  of such section or a licensed insurance broker:
   12    (A) to the executor or administrator of the estate  of  such  deceased
   13  agent or broker;
   14    (B) to a surviving next of kin of such deceased agent or broker, where
   15  no  administrator  of  his estate has been appointed and no executor has
   16  qualified under his duly probated will;
   17    (C) to the surviving member or members of a firm or association, which
   18  at the time of the death of a  member  was  such  a  licensed  insurance
   19  agent, LICENSED TITLE INSURANCE AGENT or licensed insurance broker; or
   20    (D)  to  an officer or director of a corporation upon the death of the
   21  only officer or director who was qualified as a sub-licensee or  to  the
   22  executor  or  administrator  of  the  estate of such deceased officer or
   23  director;
   24    (2) to any person who may be designated by a person licensed  pursuant
   25  to  this  chapter  as  an  insurance  agent, TITLE INSURANCE AGENT or an
   26  insurance broker, or both AN INSURANCE AGENT AND INSURANCE  BROKER,  and
   27  who  is  absent  because of service in any branch of the armed forces of
   28  the United States, including a partnership or corporation  [which]  THAT
   29  is licensed pursuant to this chapter as an insurance agent, TITLE INSUR-
   30  ANCE  AGENT  or  as  an insurance broker, or both AN INSURANCE AGENT AND
   31  INSURANCE BROKER, in a case where the sub-licensee or all sub-licensees,
   32  if more than one, named in the license or licenses issued to such  part-
   33  nership or corporation is or are absent because of service in any branch
   34  of the armed forces of the United States; and
   35    (3) to the next of kin of a person who has become totally disabled and
   36  prevented  from pursuing any of the duties of his or her occupation, and
   37  who at the commencement of his or her disability was a licensed accident
   38  and health insurance agent under subsection (a) of section two  thousand
   39  one  hundred  three  of  this  article, a licensed insurance agent under
   40  subsection (b) of such section, A LICENSED TITLE INSURANCE  AGENT  or  a
   41  licensed insurance broker.
   42    S 6. Subsection (c) of section 2109 of the insurance law is amended to
   43  read as follows:
   44    (c)  Such  license  or  licenses shall authorize the person or persons
   45  named therein to renew the business of the deceased, absent or  disabled
   46  INSURANCE  agent, TITLE INSURANCE AGENT, or INSURANCE broker, or both AN
   47  INSURANCE AGENT AND INSURANCE BROKER, as the case may be, or of the firm
   48  or, in the case of a license issued pursuant to paragraph one  or  three
   49  of  subsection (a) [hereof] OF THIS SECTION, the association whose busi-
   50  ness is being continued thereunder, each such agent[,] OR broker[,  firm
   51  or  association]  being  referred to in this section as "original licen-
   52  see", expiring during the period in  which  such  temporary  license  or
   53  licenses  are  in  force,  to  collect  premiums  due and payable to the
   54  original licensee or, in the case of a license issued pursuant to  para-
   55  graph  one  of  subsection  (a)  [hereof] OF THIS SECTION, to his OR HER
   56  estate, and to perform such other acts as an insurance  agent,  A  TITLE
       S. 6357                            83                            A. 8557
    1  INSURANCE  AGENT or [as] an insurance broker, or both AN INSURANCE AGENT
    2  OR INSURANCE BROKER, as the case  may  be,  as  are  incidental  to  the
    3  continuance of the insurance business of such original licensee.
    4    S  7.  Section  2109  of  the insurance law is amended by adding a new
    5  subsection (h) to read as follows:
    6    (H) (1) IN THE CASE OF A PERSON SEEKING A TEMPORARY LICENSE TO ACT  AS
    7  A  TITLE INSURANCE AGENT PURSUANT TO SUBSECTION (A) OF THIS SECTION, THE
    8  SUPERINTENDENT MAY ISSUE A LICENSE FOR A TERM NOT TO EXCEED ONE  HUNDRED
    9  EIGHTY DAYS TO SUCH PERSON PROVIDED THE PERSON:
   10    (A)  DEMONSTRATES  TO  THE  SATISFACTION  OF THE SUPERINTENDENT THAT A
   11  TITLE INSURANCE CORPORATION IS WILLING TO APPOINT HIM OR HER;
   12    (B) SUBMITS TO THE NEXT AVAILABLE TITLE INSURANCE  AGENT  EXAMINATION;
   13  AND
   14    (C)  DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT HE OR
   15  SHE IS QUALIFIED, COMPETENT, EXPERIENCED AND TRUSTWORTHY  TO  ACT  AS  A
   16  TITLE INSURANCE AGENT.
   17    (2)  ANY PERSON ISSUED A LICENSE PURSUANT TO THIS SUBSECTION SHALL, BY
   18  VIRTUE OF SUCH LICENSE, BE AUTHORIZED TO SOLICIT, NEGOTIATE OR SELL  NEW
   19  POLICIES OF TITLE INSURANCE.
   20    S  8.  The section heading and subsections (a) and (b) of section 2110
   21  of the insurance law, as amended by chapter 499 of  the  laws  of  2009,
   22  paragraph  15  of  subsection  (a)  as added and paragraphs 16 and 17 of
   23  subsection (a) as renumbered by chapter 546 of the  laws  of  2013,  are
   24  amended to read as follows:
   25    Revocation  or  suspension of license of insurance producer, insurance
   26  consultant, adjuster, TITLE INSURANCE CLOSER, or life settlement broker.
   27  (a) The superintendent may refuse to renew, revoke, or may suspend for a
   28  period the  superintendent  determines  the  license  of  any  insurance
   29  producer, insurance consultant, adjuster, TITLE INSURANCE CLOSER or life
   30  settlement  broker,  if,  after  notice  and hearing, the superintendent
   31  determines that the licensee or any sub-licensee has:
   32    (1) violated any insurance laws, or violated any regulation,  subpoena
   33  or  order  of the superintendent or of another state's insurance commis-
   34  sioner, or has violated any law in the course of his or her dealings  in
   35  such capacity;
   36    (2)  provided  materially incorrect, materially misleading, materially
   37  incomplete or materially untrue information in the license application;
   38    (3) obtained or attempted to obtain  a  license  through  misrepresen-
   39  tation or fraud;
   40    (4) (A) used fraudulent, coercive or dishonest practices;
   41    (B) demonstrated incompetence;
   42    (C) demonstrated untrustworthiness; or
   43    (D) demonstrated financial irresponsibility in the conduct of business
   44  in this state or elsewhere;
   45    (5)  improperly  withheld,  misappropriated or converted any monies or
   46  properties received in the course of business in  this  state  or  else-
   47  where;
   48    (6)  intentionally  misrepresented  the terms of an actual or proposed
   49  insurance contract, life settlement contract or application  for  insur-
   50  ance;
   51    (7) has been convicted of a felony;
   52    (8)  admitted  or  been  found  to have committed any insurance unfair
   53  trade practice or fraud;
   54    (9) had an insurance producer license, INSURANCE  CONSULTANT  LICENSE,
   55  ADJUSTER  LICENSE,  A  TITLE INSURANCE CLOSER LICENSE, a life settlement
       S. 6357                            84                            A. 8557
    1  broker license, or its equivalent, denied, suspended or revoked  in  any
    2  other state, province, district or territory;
    3    (10)  forged  another's  name  to an application for insurance or life
    4  settlement contract or to any document related to an insurance  or  life
    5  settlement transaction;
    6    (11) improperly used notes or any other reference material to complete
    7  an  examination  for  an  insurance  license  or  life settlement broker
    8  license;
    9    (12) knowingly accepted insurance business from an individual  who  is
   10  not licensed;
   11    (13) failed to comply with an administrative or court order imposing a
   12  child support obligation;
   13    (14)  failed to pay state income tax or comply with any administrative
   14  or court order directing payment of state income tax;
   15    (15) while acting as a public adjuster, the licensee has failed to act
   16  on behalf and in the best interests of the insured when negotiating  for
   17  or  effecting  the  settlement of an insurance claim for such insured or
   18  otherwise acting as a public adjuster, or has failed to make the disclo-
   19  sures required by paragraph two of subsection (s) of section  two  thou-
   20  sand one hundred eight of this article;
   21    (16)  while  acting as a life settlement broker, failed to protect the
   22  privacy of the insured or owner  or  other  person  for  whom  the  life
   23  settlement broker was required to provide protection pursuant to article
   24  seventy-eight of this chapter; or
   25    (17) ceased to meet the requirements for licensure under this chapter.
   26    (b) Before revoking or suspending the license of any insurance produc-
   27  er,  TITLE  INSURANCE  CLOSER,  life settlement broker or other licensee
   28  pursuant to the provisions of this article,  the  superintendent  shall,
   29  except  when proceeding pursuant to subsection (f) of this section, give
   30  notice to the licensee and to every  sub-licensee  and  shall  hold,  or
   31  cause  to  be held, a hearing not less than ten days after the giving of
   32  such notice.
   33    S 9. Subsections (a), (b), (c), and (d) of sections 2112 of the insur-
   34  ance law, subsection (a) as amended by chapter 540 of the laws of  1996,
   35  subsections  (b)  and  (d) as amended by chapter 687 of the laws of 2003
   36  and subsection (c) as amended by chapter 647 of the laws  of  1992,  are
   37  amended to read as follows:
   38    (a)  Every  insurer,  fraternal  benefit society or health maintenance
   39  organization doing business in this state shall file  a  certificate  of
   40  appointment in such form as the superintendent may prescribe in order to
   41  appoint  insurance  agents,  TITLE  INSURANCE AGENTS, OR TITLE INSURANCE
   42  SOLICITORS to represent  such  insurer,  fraternal  benefit  society  or
   43  health  maintenance  organization;  EXCEPT  THAT A TITLE INSURANCE AGENT
   44  SHALL FILE A CERTIFICATE OF APPOINTMENT IN SUCH FORM AS THE  SUPERINTEN-
   45  DENT  MAY  PRESCRIBE  IN ORDER TO APPOINT A TITLE INSURANCE SOLICITOR TO
   46  ACT ON BEHALF OF SUCH TITLE INSURANCE AGENT.
   47    (b) To appoint a producer, the appointing insurer, OR IN THE CASE OF A
   48  TITLE INSURANCE SOLICITOR,  THE  APPOINTING  TITLE  INSURANCE  AGENT  OR
   49  INSURER,  shall  file,  in  a  format  approved by the superintendent, a
   50  notice of appointment within fifteen  days  from  the  date  the  agency
   51  contract is executed or the first insurance application is submitted.
   52    (c)  Certificates of appointment shall be valid until [(i)] (1) termi-
   53  nated by the appointing insurer OR TITLE INSURANCE AGENT after a  termi-
   54  nation  in accordance with the provisions of the agency contract; [(ii)]
   55  (2) the license is  suspended  or  revoked  by  the  superintendent;  or
   56  [(iii)] (3) the license expires and is not renewed.
       S. 6357                            85                            A. 8557
    1    (d)  Every  insurer,  fraternal  benefit society or health maintenance
    2  organization or insurance producer or the authorized  representative  of
    3  the  insurer, fraternal benefit society, health maintenance organization
    4  or insurance producer doing business in this state  shall,  upon  termi-
    5  nation  of the certificate of appointment as set forth in subsection (a)
    6  of this section of any insurance agent, TITLE INSURANCE AGENT  OR  TITLE
    7  INSURANCE  SOLICITOR  licensed  in  this  state, or upon termination for
    8  cause for activities as set forth in subsection (a) of section two thou-
    9  sand one hundred ten of this article, of the certificate of appointment,
   10  of employment, of a contract or other  insurance  business  relationship
   11  with  any insurance producer, file with the superintendent within thirty
   12  days a statement, in such form as the superintendent may  prescribe,  of
   13  the facts relative to such termination for cause. The insurer, fraternal
   14  benefit  society, health maintenance organization, insurance producer or
   15  the authorized representative of the insurer, fraternal benefit society,
   16  health maintenance organization or  insurance  producer  shall  provide,
   17  within  fifteen days after notification has been sent to the superinten-
   18  dent, a copy of the statement  filed  with  the  superintendent  to  the
   19  insurance producer at his, or her or its last known address by certified
   20  mail, return receipt requested, postage prepaid or by overnight delivery
   21  using a nationally recognized carrier.  Every statement made pursuant to
   22  this subsection shall be deemed a privileged communication.
   23    S  10.  The  insurance  law is amended by adding a new section 2113 to
   24  read as follows:
   25    S 2113. TITLE INSURANCE AGENT, TITLE INSURANCE  SOLICITOR,  AND  TITLE
   26  INSURANCE  CLOSER;  COMMISSIONS.  (A)  NO INSURER DOING BUSINESS IN THIS
   27  STATE, AND NO AGENT OR  OTHER  REPRESENTATIVE  THEREOF,  SHALL  PAY  ANY
   28  COMMISSION  OR  OTHER  COMPENSATION  TO ANY PERSON, FIRM, ASSOCIATION OR
   29  CORPORATION FOR ACTING AS A TITLE INSURANCE AGENT IN THIS STATE,  EXCEPT
   30  TO A LICENSED TITLE INSURANCE AGENT.
   31    (B)  NO  INSURER  DOING  BUSINESS IN THIS STATE, AND NO AGENT OR OTHER
   32  REPRESENTATIVE THEREOF, SHALL PAY ANY COMPENSATION TO ANY PERSON,  FIRM,
   33  ASSOCIATION  OR  CORPORATION  FOR  ACTING AS A TITLE INSURANCE CLOSER IN
   34  THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE CLOSER.
   35    (C) NO INSURER DOING BUSINESS IN THIS STATE, AND  NO  AGENT  OR  OTHER
   36  REPRESENTATIVE  THEREOF, SHALL PAY ANY COMPENSATION TO ANY PERSON, FIRM,
   37  ASSOCIATION OR CORPORATION FOR ACTING AS A TITLE INSURANCE SOLICITOR  IN
   38  THIS STATE, EXCEPT TO A LICENSED TITLE INSURANCE SOLICITOR.
   39    (D)  AT  THE  TIME  OF  THE APPLICATION, A TITLE INSURANCE AGENT SHALL
   40  PROVIDE TO EVERY APPLICANT FOR INSURANCE, A WRITTEN GOOD FAITH  ESTIMATE
   41  OF THE PREMIUM ON THE POLICY OR POLICIES TO BE ISSUED AND A BREAKDOWN OF
   42  THE  AMOUNT OF ALL FEES AND SERVICE COSTS, INCLUDING ALL FILING FEES AND
   43  CLOSING COSTS, AND ANY OTHER ANCILLARY OR DISCRETIONARY  CHARGES  TO  BE
   44  INCURRED,  AND  THE AMOUNT OF ANY COMMISSION OR OTHER COMPENSATION TO BE
   45  PAID TO SUCH AGENT BY THE  TITLE  INSURANCE  CORPORATION.  IF  NO  TITLE
   46  INSURANCE AGENT IS UTILIZED, THE TITLE INSURER SHALL PROVIDE THE DISCLO-
   47  SURES.
   48    (E)  FOR  PURPOSES  OF THIS CHAPTER, A TITLE INSURANCE CLOSER SHALL BE
   49  DEEMED TO BE THE APPOINTED REPRESENTATIVE OF THE TITLE INSURANCE  CORPO-
   50  RATION  OR  TITLE  INSURANCE AGENT THAT HAS ENGAGED SUCH TITLE INSURANCE
   51  CLOSER FOR THE CLOSING.
   52    (F) NOTHING IN THIS CHAPTER SHALL BE DEEMED TO OR BE  CONSTRUED  IN  A
   53  MANNER  TO AUTHORIZE OR PERMIT ANY ACTIVITY OR PRACTICE, WITH RESPECT TO
   54  THE BUSINESS OF TITLE INSURANCE, THAT  IS  PROHIBITED  BY  SECTION  FOUR
   55  HUNDRED EIGHTY-FOUR OR FOUR HUNDRED NINETY-FIVE OF THE JUDICIARY LAW, OR
   56  OTHERWISE PROHIBITED BY LAW, INCLUDING THE UNAUTHORIZED PRACTICE OF LAW.
       S. 6357                            86                            A. 8557
    1    (G)  NO  PERSON OR ENTITY WHO ACTS AS AN AGENT, REPRESENTATIVE, ATTOR-
    2  NEY, OR EMPLOYEE OF THE OWNER,  LESSEE,  OR  MORTGAGEE,  OR  PROSPECTIVE
    3  OWNER, LESSEE, OR MORTGAGEE OF THE REAL PROPERTY OR ANY INTEREST THEREIN
    4  AND  WHO  ALSO  IS  A MEMBER, EMPLOYEE, OR DIRECTOR OF A TITLE INSURANCE
    5  AGENT,  OWNS ANY INTEREST IN A TITLE INSURANCE AGENT, OR IS A SUBSIDIARY
    6  OR AFFILIATE OF ANY TITLE INSURANCE AGENT, SHALL REFER AN APPLICANT  FOR
    7  INSURANCE  TO SUCH AGENT, AND NO SUCH TITLE INSURANCE AGENT SHALL ACCEPT
    8  ANY SUCH REFERRAL OF TITLE INSURANCE BUSINESS, UNLESS  THE  REFERRAL  IS
    9  MADE  IN  ACCORDANCE WITH SECTION SIX THOUSAND FOUR HUNDRED NINE OF THIS
   10  CHAPTER AND SUCH PERSON OR ENTITY, AT THE TIME  OF  MAKING  A  REFERRAL,
   11  PROVIDES,  AT  A MINIMUM, THE FOLLOWING WRITTEN DISCLOSURE TO THE APPLI-
   12  CANT:
   13    (1) THE NATURE OF THE RELATIONSHIP BETWEEN THE PERSON  OR  ENTITY  AND
   14  THE TITLE INSURANCE AGENT;
   15    (2)  THAT THE PARTY BEING REFERRED IS NOT REQUIRED TO USE THE SERVICES
   16  OF THE TITLE INSURANCE AGENT OR THE TITLE INSURANCE CORPORATION TO WHICH
   17  THE PARTY IS BEING REFERRED;
   18    (3) THAT ANY MONEY OR OTHER THING OF VALUE DIRECTLY OR INDIRECTLY PAID
   19  BY THE TITLE INSURANCE AGENT  OR  TITLE  INSURANCE  CORPORATION  TO  THE
   20  PERSON  OR  ENTITY IS BASED ON THE PERSON OR ENTITY'S FINANCIAL INTEREST
   21  IN THE TITLE INSURANCE AGENT, AND IS NOT RELATED TO THE AMOUNT OF  TITLE
   22  INSURANCE  BUSINESS  THE  PERSON OR ENTITY REFERS TO THE TITLE INSURANCE
   23  AGENT;
   24    (4) THAT THE PERSON OR ENTITY IS NOT REQUIRED  TO  REFER  A  SPECIFIED
   25  AMOUNT OF TITLE INSURANCE BUSINESS TO THE TITLE INSURANCE AGENCY; AND
   26    (5)  THE  AMOUNT  OR VALUE OF ANY COMPENSATION OR OTHER THING OF VALUE
   27  THAT THE PERSON OR ENTITY EXPECTS TO  RECEIVE  IN  CONNECTION  WITH  THE
   28  SERVICES TO BE PROVIDED BY THE TITLE INSURANCE AGENT OR THE TITLE INSUR-
   29  ANCE CORPORATION TO WHICH THE PARTY IS BEING REFERRED.
   30    S  11.  The  section  heading of section 2119 of the insurance law, as
   31  amended by chapter 499 of the  laws  of  2009,  is  amended  and  a  new
   32  subsection (f) is added to read as follows:
   33    Insurance agents, brokers, consultants, [and] life settlement brokers,
   34  TITLE INSURANCE AGENTS AND TITLE INSURANCE CLOSERS; written contract for
   35  compensation; excess charges prohibited.
   36    (F) NO TITLE INSURANCE AGENT OR TITLE INSURANCE CLOSER MAY RECEIVE ANY
   37  COMPENSATION  OR  FEE, DIRECT OR INDIRECT, FOR OR ON ACCOUNT OF SERVICES
   38  PERFORMED IN CONNECTION WITH THE ISSUANCE OF A TITLE  INSURANCE  POLICY,
   39  UNLESS  SUCH COMPENSATION IS: (1) FOR ANCILLARY SERVICES NOT ENCOMPASSED
   40  IN THE RATE OF PREMIUM APPROVED BY THE  SUPERINTENDENT;  AND  (2)  BASED
   41  UPON  A WRITTEN MEMORANDUM SIGNED BY THE PARTY TO BE CHARGED, AND SPECI-
   42  FYING OR CLEARLY DEFINING THE AMOUNT OR EXTENT OF SUCH  COMPENSATION.  A
   43  COPY  OF EVERY SUCH MEMORANDUM SHALL BE RETAINED BY THE LICENSEE FOR NOT
   44  LESS THAN THREE YEARS AFTER SUCH SERVICES HAVE BEEN FULLY PERFORMED.
   45    S 12. The section heading and subsections (a) and (c) of section  2120
   46  of the insurance law are amended to read as follows:
   47    Fiduciary  capacity of insurance agents, TITLE INSURANCE AGENTS, TITLE
   48  INSURANCE CLOSERS, insurance brokers and reinsurance intermediaries. (a)
   49  Every insurance agent, TITLE INSURANCE AGENT,  TITLE  INSURANCE  CLOSER,
   50  and  [every]  insurance  broker  acting  as  such in this state shall be
   51  responsible in a fiduciary capacity for all funds received or  collected
   52  as  insurance  agent  or  insurance  broker,  and shall not, without the
   53  express consent of his, HER or its principal, mingle any such funds with
   54  his, HER or its own funds or with funds held by him, HER or  it  in  any
   55  other capacity.
       S. 6357                            87                            A. 8557
    1    (c)  This  section  shall  not require any such INSURANCE agent, TITLE
    2  INSURANCE AGENT, TITLE INSURANCE CLOSER, INSURANCE broker or reinsurance
    3  intermediary to maintain a separate bank deposit for the funds  of  each
    4  such  principal, if and as long as the funds so held for each such prin-
    5  cipal are reasonably ascertainable from the books of account and records
    6  of such agent, broker or reinsurance intermediary, as the case may be.
    7    S  13.  The  section heading and subsection (a) of section 2122 of the
    8  insurance law are amended to read as follows:
    9    Advertising by insurance [agents and brokers] PRODUCERS.  (a)  (1)  No
   10  insurance  [agent  or  insurance broker] PRODUCER shall make or issue in
   11  this state any advertisement, sign, pamphlet, circular,  card  or  other
   12  public  announcement purporting to make known the financial condition of
   13  any insurer, unless the  same  shall  conform  to  the  requirements  of
   14  section one thousand three hundred thirteen of this chapter.
   15    (2)  No  insurance [agent, insurance broker] PRODUCER or other person,
   16  shall, by any advertisement or public announcement in this  state,  call
   17  attention to any unauthorized insurer or insurers.
   18    S  14.  Subsections  (a) and (b) of section 2128 of the insurance law,
   19  subsection (b) as further amended by section 104 of part A of chapter 62
   20  of the laws of 2011, are amended to read as follows:
   21    (a) Notwithstanding the provisions  of  sections  two  thousand  three
   22  hundred  twenty-four  and  four thousand two hundred twenty-four of this
   23  chapter, no [insurance agent, insurance  broker,  insurance  consultant,
   24  excess  line  broker,  reinsurance  intermediary  or insurance adjuster]
   25  LICENSEE SUBJECT TO THIS ARTICLE shall receive any commissions  or  fees
   26  or  shares  thereof in connection with insurance coverages placed for or
   27  insurance services rendered to the state, its agencies and  departments,
   28  public  benefit  corporations,  municipalities  and  other  governmental
   29  subdivisions in this state,  unless  such  [insurance  agent,  insurance
   30  broker,  insurance  consultant, excess line broker, reinsurance interme-
   31  diary or insurance adjuster] LICENSEE actually placed  insurance  cover-
   32  ages on behalf of or rendered insurance services to the state, its agen-
   33  cies  and  departments,  public benefit corporations, municipalities and
   34  other governmental subdivisions in this state.
   35    (b)  The  superintendent  shall,  by  regulation,  require  [insurance
   36  agents,  insurance  brokers, insurance consultants, excess line brokers,
   37  reinsurance intermediaries and insurance adjusters] LICENSEES SUBJECT TO
   38  THIS ARTICLE to file disclosure statements with the department of finan-
   39  cial services and the most senior  official  of  the  governmental  unit
   40  involved,  with  respect to any insurance coverages placed for or insur-
   41  ance services rendered to  the  state,  its  agencies  and  departments,
   42  public  benefit  corporations,  municipalities  and  other  governmental
   43  subdivisions in this state, EXCEPT THAT NEITHER A TITLE INSURANCE CORPO-
   44  RATION NOR A TITLE INSURANCE AGENT SHALL BE REQUIRED TO FILE  A  DISCLO-
   45  SURE  STATEMENT  IF  AN INDUSTRIAL DEVELOPMENT AGENCY, STATE OF NEW YORK
   46  MORTGAGE AGENCY OR ITS SUCCESSOR, OR ANY SIMILAR TYPE OF ENTITY, IS  THE
   47  NAMED  INSURED  UNDER  THE POLICY AND IS A MORTGAGEE WITH RESPECT TO THE
   48  PROPERTY INSURED.
   49    S 15. Subsections (a) and (b) of section 2132 of the insurance law, as
   50  amended by chapter 499 of the laws of  2009,  are  amended  to  read  as
   51  follows:
   52    (a)  This  section  shall  apply  to resident and non-resident persons
   53  licensed pursuant to this article with respect to:
   54    (1) life insurance, annuity contracts, variable annuity contracts  and
   55  variable life insurance;
   56    (2) sickness, accident and health insurance;
       S. 6357                            88                            A. 8557
    1    (3) all lines of property and casualty insurance; [and]
    2    (4) life settlements[.]; AND
    3    (5) TITLE INSURANCE.
    4    (b) This section shall not apply to:
    5    (1)  those  persons  holding  licenses for which an examination is not
    6  required by the laws of this state;
    7    (2) any limited licensees or any other licensees as the superintendent
    8  may exempt subject  to  any  continuing  education  requirements  deemed
    9  appropriate by the superintendent; [or]
   10    (3)  for  purposes  of  the continuing education requirements for life
   11  settlements, an insurance producer with a life line of authority who  is
   12  acting  as a life settlement broker pursuant to section two thousand one
   13  hundred thirty-seven of this article; OR
   14    (4) FOR PURPOSES OF A  TITLE  INSURANCE  AGENT  LICENSE,  AN  ATTORNEY
   15  LICENSED TO PRACTICE LAW IN THIS STATE.
   16    S  16.  The  insurance  law is amended by adding a new section 2139 to
   17  read as follows:
   18    S 2139. FINGERPRINTING.  (A) (1) EXCEPT AS PROVIDED IN SUBSECTION  (B)
   19  OF  THIS SECTION, THE SUPERINTENDENT MAY REQUIRE ANY INDIVIDUAL NAMED IN
   20  AN APPLICATION FOR A LICENSE UNDER  SECTION  TWO  THOUSAND  ONE  HUNDRED
   21  FORTY,  TWO  THOUSAND ONE HUNDRED FORTY-ONE, OR TWO THOUSAND ONE HUNDRED
   22  FORTY-TWO OF THIS ARTICLE TO SUBMIT A SET OF FINGERPRINTS. SUCH  FINGER-
   23  PRINTS  SHALL  BE SUBMITTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES
   24  FOR A STATE CRIMINAL HISTORY RECORD CHECK, AND MAY BE SUBMITTED  TO  THE
   25  FEDERAL  BUREAU  OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORD
   26  CHECK. ALL SUCH CRIMINAL HISTORY RECORDS MADE AVAILABLE  TO  THE  SUPER-
   27  INTENDENT PURSUANT TO THIS SECTION SHALL BE CONFIDENTIAL PURSUANT TO THE
   28  APPLICABLE  FEDERAL AND STATE LAWS, RULES AND REGULATIONS, AND SHALL NOT
   29  BE PUBLISHED OR IN ANY WAY DISCLOSED TO PERSONS OTHER  THAN  THE  SUPER-
   30  INTENDENT, UNLESS OTHERWISE AUTHORIZED BY LAW.
   31    (2)  THE SUPERINTENDENT SHALL INFORM SUCH APPLICANT THAT HE OR SHE MAY
   32  OBTAIN A COPY OF HIS OR HER CRIMINAL HISTORY RECORD  MAINTAINED  BY  THE
   33  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, IF ANY, AND MAY CHALLENGE THE
   34  COMPLETENESS OR ACCURACY OF THE INFORMATION CONTAINED  IN  SUCH  RECORD,
   35  PURSUANT  TO  REGULATIONS  AND PROCEDURES ESTABLISHED BY THE DIVISION OF
   36  CRIMINAL JUSTICE SERVICES.
   37    (3) ALL DETERMINATIONS TO GRANT OR DENY CLEARANCE FOR LICENSURE PURSU-
   38  ANT TO THIS SECTION SHALL BE IN ACCORDANCE WITH SUBDIVISION  SIXTEEN  OF
   39  SECTION  TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW AND ARTICLE TWENTY-
   40  THREE-A OF THE CORRECTION LAW. WHEN THE SUPERINTENDENT DENIES AN  APPLI-
   41  CATION,  WRITTEN  NOTICE  OF  SUCH  DETERMINATION  SHALL BE GIVEN TO THE
   42  PROSPECTIVE APPLICANT WHO SHALL BE AFFORDED NOTICE AND THE RIGHT  TO  BE
   43  HEARD AND OFFER PROOF IN OPPOSITION TO SUCH DETERMINATION.
   44    (B)  THE SUPERINTENDENT SHALL WAIVE THE FINGERPRINTING REQUIREMENT FOR
   45  A NONRESIDENT PRODUCER LICENSE APPLICANT  AS  PROVIDED  IN  SECTION  TWO
   46  THOUSAND ONE HUNDRED THIRTY-SIX OF THIS ARTICLE.
   47    S  17.  The  insurance  law is amended by adding a new section 2140 to
   48  read as follows:
   49    S 2140. TITLE INSURANCE AGENTS; LICENSING.  (A) THE SUPERINTENDENT MAY
   50  ISSUE A LICENSE TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION THAT HAS
   51  COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE
   52  TO ACT AS A TITLE INSURANCE AGENT  OF  ANY  AUTHORIZED  TITLE  INSURANCE
   53  CORPORATION,  PROVIDED  THAT  SUCH  TITLE  INSURANCE  AGENT DEMONSTRATES
   54  FINANCIAL ACCOUNTABILITY AS EVIDENCED BY  A  BOND  OR  OTHER  METHOD  OF
   55  FINANCIAL  ACCOUNTABILITY  IN  AN  AMOUNT  NOT  LESS THAN FIFTY THOUSAND
   56  DOLLARS.
       S. 6357                            89                            A. 8557
    1    (B) ANY SUCH LICENSE ISSUED TO A FIRM OR ASSOCIATION  SHALL  AUTHORIZE
    2  ONLY THE MEMBERS THEREOF, NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT
    3  INDIVIDUALLY  AS TITLE INSURANCE AGENTS THEREUNDER, AND ANY SUCH LICENSE
    4  ISSUED TO A CORPORATION SHALL AUTHORIZE ONLY THE OFFICERS AND  DIRECTORS
    5  THEREOF,  NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT INDIVIDUALLY AS
    6  TITLE INSURANCE AGENTS THEREUNDER. EVERY SUB-LICENSEE  ACTING  AS  TITLE
    7  INSURANCE AGENT PURSUANT TO SUCH A LICENSE SHALL BE AUTHORIZED SO TO ACT
    8  ONLY  IN  THE NAME OF THE LICENSEE. IN THE CASE OF A LICENSE ISSUED TO A
    9  TITLE INSURANCE AGENT, AT LEAST ONE DESIGNATED SUB-LICENSEE MUST HAVE  A
   10  FINANCIAL OR OTHER BENEFICIAL INTEREST IN THE LICENSEE.
   11    (C)  EVERY  INDIVIDUAL  APPLICANT FOR A LICENSE UNDER THIS SECTION AND
   12  EVERY PROPOSED LICENSEE SHALL BE EIGHTEEN YEARS OF AGE OR OLDER  AT  THE
   13  TIME OF THE ISSUANCE OF SUCH LICENSE.
   14    (D)  BEFORE  ANY  ORIGINAL  TITLE INSURANCE AGENT'S LICENSE IS ISSUED,
   15  THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT  AN  APPLICA-
   16  TION  BY  THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS
   17  THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR  EACH  YEAR
   18  OR  FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN-
   19  ING INFORMATION THE SUPERINTENDENT PRESCRIBES.
   20    (E) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY  OF
   21  EVERY  INDIVIDUAL  APPLICANT  AND OF EVERY PROPOSED SUB-LICENSEE FOR THE
   22  TITLE INSURANCE AGENT LICENSE, REQUIRE SUCH INDIVIDUAL TO  SUBMIT  TO  A
   23  PERSONAL WRITTEN EXAMINATION AND TO PASS THE SAME TO THE SATISFACTION OF
   24  THE  SUPERINTENDENT.  THE  EXAMINATION  SHALL  BE HELD AT SUCH TIMES AND
   25  PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO  TIME  DETERMINE.  EVERY
   26  INDIVIDUAL  APPLYING  TO TAKE ANY WRITTEN EXAMINATION SHALL, AT THE TIME
   27  OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT OR, AT THE DISCRETION OF
   28  THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZATION THAT IS UNDER  CONTRACT
   29  TO PROVIDE EXAMINATION SERVICES, AN EXAMINATION FEE OF AN AMOUNT THAT IS
   30  THE  ACTUAL DOCUMENTED ADMINISTRATIVE COST OF CONDUCTING SAID QUALIFYING
   31  EXAMINATION AS CERTIFIED BY THE SUPERINTENDENT FROM  TIME  TO  TIME.  AN
   32  EXAMINATION  FEE  REPRESENTS  AN ADMINISTRATIVE EXPENSE AND SHALL NOT BE
   33  REFUNDABLE. THE SUPERINTENDENT MAY ACCEPT, IN LIEU OF ANY SUCH  EXAMINA-
   34  TION,  THE  RESULT  OF  ANY  PREVIOUS  WRITTEN EXAMINATION, GIVEN BY THE
   35  SUPERINTENDENT, WHICH IN THE SUPERINTENDENT'S JUDGMENT, IS EQUIVALENT TO
   36  THE EXAMINATION FOR WHICH IT IS SUBSTITUTED.
   37    (F) EVERY INDIVIDUAL SEEKING TO QUALIFY  TO  OBTAIN  A  LICENSE  UNDER
   38  SUBSECTION  (B)  OF  THIS  SECTION SHALL BE REQUIRED TO PASS THE TYPE OR
   39  TYPES OF EXAMINATION PRESCRIBED BY  THE  SUPERINTENDENT.  AN  INDIVIDUAL
   40  SHALL  NOT  BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI-
   41  VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES,  APPROVED  AS  TO
   42  METHOD  AND  CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE
   43  BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK,  IN
   44  INSTITUTIONS  OF  LEARNING MEETING THE STANDARDS PRESCRIBED BY PARAGRAPH
   45  ONE OF SUBSECTION (A) OF SECTION TWO THOUSAND ONE HUNDRED FOUR  OF  THIS
   46  ARTICLE.
   47    (G)  NO  SUCH  WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE
   48  REQUIRED OF ANY:
   49    (1) APPLICANT WHO FILES AN APPLICATION UNDER THIS SECTION  WITHIN  ONE
   50  YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO
   51  THE  SATISFACTION  OF  THE  SUPERINTENDENT  THAT  SUCH  APPLICANT OR ITS
   52  PROSPECTIVE  SUB-LICENSEE  HAS,  WITHOUT  INTERRUPTION,  REGULARLY   AND
   53  CONTINUOUSLY  PERFORMED  THE  FUNCTIONS OF A TITLE INSURANCE AGENT FOR A
   54  PERIOD OF AT LEAST FIVE YEARS IMMEDIATELY PRECEDING THE FILING  OF  SUCH
   55  APPLICATION AND IS COMPETENT AND TRUSTWORTHY TO ACT AS A TITLE INSURANCE
   56  AGENT;
       S. 6357                            90                            A. 8557
    1    (2)  APPLICANT  WHO  HAS  PASSED  THE WRITTEN EXAMINATION GIVEN BY THE
    2  SUPERINTENDENT FOR A TITLE INSURANCE AGENT'S LICENSE AND WAS LICENSED AS
    3  SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSURANCE AGENT BUT
    4  DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLICANT APPLIES  WITHIN
    5  TWO  YEARS FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S LICENSE;
    6  OR
    7    (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE  AGENT,
    8  WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE.
    9    (H)  THE  SUPERINTENDENT  MAY  REFUSE TO ISSUE TO AN APPLICANT A TITLE
   10  INSURANCE AGENT'S LICENSE IF,  IN  THE  SUPERINTENDENT'S  JUDGMENT,  THE
   11  PROPOSED LICENSEE OR ANY SUB-LICENSEE:
   12    (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH AGENT;
   13    (2)  HAS  GIVEN  CAUSE  FOR  THE  REVOCATION  OR  SUSPENSION OF SUCH A
   14  LICENSE; OR
   15    (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE  FOR  THE  ISSUANCE  OF
   16  SUCH LICENSE.
   17    (I)  (1)  EVERY  LICENSE  ISSUED  TO  A  BUSINESS  ENTITY  PURSUANT TO
   18  SUBSECTION (A) OF  THIS  SECTION  SHALL  EXPIRE  ON  JUNE  THIRTIETH  OF
   19  ODD-NUMBERED YEARS.
   20    (2) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED YEAR
   21  SHALL  EXPIRE  ON  THE  INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED YEAR.
   22  LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL  EXPIRE
   23  ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR.
   24    (3) EVERY LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR
   25  MONTHS  UPON  THE  FILING  OF  AN  APPLICATION  IN  CONFORMITY WITH THIS
   26  SUBSECTION.
   27    (4) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR  UPON
   28  APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF.
   29    (5)  ANY  LICENSE  SHALL  BE  CONSIDERED  IN  GOOD STANDING WITHIN THE
   30  LICENSE TERM UNLESS:
   31    (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS  ARTI-
   32  CLE; OR
   33    (B)  IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS
   34  TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING
   35  DURING THE TERM.
   36    (6) BEFORE THE RENEWAL OF ANY TITLE INSURANCE AGENT'S LICENSE SHALL BE
   37  ISSUED, THE LICENSEE SHALL HAVE:
   38    (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR  FORMS,  AND
   39  SUPPLEMENTS  THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN-
   40  DENT MAY PRESCRIBE; AND
   41    (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION.
   42    (7) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH
   43  THE SUPERINTENDENT BEFORE THE  EXPIRATION  OF  SUCH  LICENSE,  THEN  THE
   44  LICENSE  SOUGHT  TO  BE  RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT
   45  EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE  RENEWAL  LICENSE
   46  APPLIED  FOR  OR  UNTIL  FIVE  DAYS  AFTER THE SUPERINTENDENT SHALL HAVE
   47  REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL  HAVE  GIVEN  NOTICE  OF
   48  SUCH  REFUSAL TO THE APPLICANT AND TO EACH PROPOSED SUB-LICENSEE. BEFORE
   49  REFUSING TO RENEW ANY SUCH LICENSE, EXCEPT ON THE GROUND OF  FAILURE  TO
   50  PASS  A  WRITTEN EXAMINATION, THE SUPERINTENDENT SHALL NOTIFY THE APPLI-
   51  CANT OF THE SUPERINTENDENT'S INTENTION TO  DO  SO  AND  SHALL  GIVE  THE
   52  APPLICANT A HEARING.
   53    (8)  THE  SUPERINTENDENT  MAY,  IN ISSUING A RENEWAL LICENSE, DISPENSE
   54  WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN-
   55  SEE OR SUB-LICENSEE WHO, BY REASON OF  BEING  ENGAGED  IN  ANY  MILITARY
   56  SERVICE  FOR  THE  UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION
       S. 6357                            91                            A. 8557
    1  FOR SUCH RENEWAL LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF
    2  SUCH INDIVIDUAL, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE,  BY
    3  SOME  PERSON OR PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE
    4  FACTS  AND  WHO  MAKE  AFFIDAVIT  SHOWING  SUCH MILITARY SERVICE AND THE
    5  INABILITY OF SUCH TITLE INSURANCE AGENT TO MAKE PERSONAL APPLICATION.
    6    (9) AN INDIVIDUAL LICENSEE OR SUB-LICENSEE WHO  IS  UNABLE  TO  COMPLY
    7  WITH  LICENSE RENEWAL PROCEDURES DUE TO OTHER EXTENUATING CIRCUMSTANCES,
    8  SUCH AS A LONG-TERM MEDICAL DISABILITY, MAY REQUEST  A  WAIVER  OF  SUCH
    9  PROCEDURES,  IN  SUCH  FORM  AS  THE SUPERINTENDENT SHALL PRESCRIBE. THE
   10  LICENSEE OR SUB-LICENSEE MAY ALSO REQUEST A WAIVER  OF  ANY  EXAMINATION
   11  REQUIREMENT  OR ANY OTHER FINE OR SANCTION IMPOSED FOR FAILURE TO COMPLY
   12  WITH RENEWAL PROCEDURES.
   13    (10) AN APPLICATION FOR THE RENEWAL OF A LICENSE SHALL BE  FILED  WITH
   14  THE  SUPERINTENDENT  NOT  LESS  THAN  SIXTY  DAYS  PRIOR TO THE DATE THE
   15  LICENSE EXPIRES OR THE APPLICANT SHALL BE SUBJECT TO A  FURTHER  FEE  OF
   16  TEN DOLLARS FOR LATE FILING.
   17    (11)  NO  LICENSE  FEE SHALL BE REQUIRED OF ANY PERSON WHO SERVED AS A
   18  MEMBER OF THE ARMED FORCES OF THE UNITED STATES AT  ANY  TIME,  AND  WHO
   19  SHALL  HAVE  BEEN  DISCHARGED  THEREFROM  UNDER  CONDITIONS  OTHER  THAN
   20  DISHONORABLE, IN A CURRENT LICENSING PERIOD FOR  THE  DURATION  OF  SUCH
   21  PERIOD.
   22    (12)  EXCEPT  WHERE  A  CORPORATION, ASSOCIATION OR FIRM LICENSED AS A
   23  TITLE INSURANCE AGENT IS APPLYING TO ADD A SUB-LICENSEE OR THE  DATE  OF
   24  THE EXPIRATION OF THE LICENSE IS CHANGED, THERE SHALL BE NO FEE REQUIRED
   25  FOR THE ISSUANCE OF AN AMENDED LICENSE.
   26    (13) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT-
   27  LY  IN-FORCE  LICENSE  THAT  HAS  BEEN  LOST  OR  DESTROYED. BEFORE SUCH
   28  REPLACEMENT LICENSE SHALL BE ISSUED, THERE  SHALL  BE  ON  FILE  IN  THE
   29  OFFICE  OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT
   30  LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT  THE  ORIGINAL  LICENSE
   31  HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS.
   32    (J)  THE  SUPERINTENDENT  MAY  REFUSE  TO  ISSUE  A LICENSE OR RENEWAL
   33  LICENSE, AS THE CASE MAY BE, TO  ANY  APPLICANT  IF  THE  SUPERINTENDENT
   34  FINDS  THAT  SUCH APPLICANT HAS BEEN OR WILL BE RECEIVING ANY BENEFIT OR
   35  ADVANTAGE IN VIOLATION OF SECTION SIX THOUSAND FOUR HUNDRED NINE OF THIS
   36  CHAPTER, OR IF THE SUPERINTENDENT FINDS THAT MORE THAN  TEN  PERCENT  OF
   37  THE  AGGREGATE NET COMMISSIONS OR OTHER COMPENSATION RECEIVED DURING THE
   38  TERM OF THE EXISTING LICENSE, IF ANY, OR TO BE RECEIVED DURING THE  TERM
   39  OF  THE  LICENSE  APPLIED FOR, BY THE APPLICANT, RESULTED OR WILL RESULT
   40  FROM INSURANCE ON THE PROPERTY AND RISKS SET FORTH IN SUBPARAGRAPHS (A),
   41  (B) AND (C) OF PARAGRAPH ONE OF SUBSECTION (I) OF SECTION  TWO  THOUSAND
   42  ONE  HUNDRED  THREE  OF THIS ARTICLE, EXCEPT THAT IN DETERMINING THE TEN
   43  PERCENT, THE AGGREGATE NET COMMISSIONS OR OTHER COMPENSATION  SHALL  NOT
   44  INCLUDE  COMMISSIONS  OR  OTHER  COMPENSATION  FROM MORTGAGE REFINANCING
   45  TRANSACTIONS INVOLVING REAL PROPERTY USED PREDOMINANTLY FOR  RESIDENTIAL
   46  PURPOSES  AND WHICH CONSISTS OF NOT MORE THAN FOUR DWELLING UNITS, OTHER
   47  THAN HOTELS AND MOTELS. EVERY LICENSEE SUBJECT  TO  THIS  CHAPTER  SHALL
   48  CERTIFY  AT  THE TIME OF LICENSING OR UPON RENEWAL TO THE SUPERINTENDENT
   49  THAT SUCH LICENSEE IS IN COMPLIANCE WITH THIS SUBSECTION.
   50    S 18. The insurance law is amended by adding a  new  section  2141  to
   51  read as follows:
   52    S 2141. TITLE INSURANCE CLOSERS; LICENSING. (A) THE SUPERINTENDENT MAY
   53  ISSUE A LICENSE TO ANY INDIVIDUAL WHO HAS COMPLIED WITH THE REQUIREMENTS
   54  OF  THIS  CHAPTER,  AUTHORIZING THE LICENSEE TO ACT AS A TITLE INSURANCE
   55  CLOSER FOR ANY AUTHORIZED TITLE INSURANCE CORPORATION OR TITLE INSURANCE
   56  AGENT.
       S. 6357                            92                            A. 8557
    1    (B) EVERY INDIVIDUAL APPLICANT FOR A LICENSE UNDER THIS SECTION  SHALL
    2  BE  EIGHTEEN  YEARS  OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH
    3  LICENSE.
    4    (C)  BEFORE  ANY  ORIGINAL TITLE INSURANCE CLOSER'S LICENSE IS ISSUED,
    5  THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT  AN  APPLICA-
    6  TION  BY  THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS
    7  THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR  EACH  YEAR
    8  OR  FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN-
    9  ING INFORMATION THE SUPERINTENDENT PRESCRIBES.
   10    (D) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY  OF
   11  EVERY  INDIVIDUAL  APPLICANT  FOR  THE  TITLE  INSURANCE CLOSER LICENSE,
   12  REQUIRE SUCH INDIVIDUAL TO SUBMIT TO A PERSONAL WRITTEN EXAMINATION  AND
   13  TO PASS THE SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINA-
   14  TION  SHALL BE HELD AT SUCH TIMES AND PLACES AS THE SUPERINTENDENT SHALL
   15  FROM TIME TO TIME DETERMINE. EVERY INDIVIDUAL APPLYING TO TAKE ANY WRIT-
   16  TEN EXAMINATION SHALL, AT THE TIME OF  APPLYING  THEREFOR,  PAY  TO  THE
   17  SUPERINTENDENT  OR, AT THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY TO
   18  ANY ORGANIZATION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES,
   19  AN EXAMINATION FEE OF AN AMOUNT THAT IS THE ACTUAL  DOCUMENTED  ADMINIS-
   20  TRATIVE  COST  OF CONDUCTING SAID QUALIFYING EXAMINATION AS CERTIFIED BY
   21  THE SUPERINTENDENT FROM TIME TO TIME. AN EXAMINATION FEE  REPRESENTS  AN
   22  ADMINISTRATIVE  EXPENSE  AND SHALL NOT BE REFUNDABLE. THE SUPERINTENDENT
   23  MAY ACCEPT, IN LIEU OF ANY SUCH EXAMINATION, THE RESULT OF ANY  PREVIOUS
   24  WRITTEN  EXAMINATION,  GIVEN  BY THE SUPERINTENDENT, WHICH IN THE SUPER-
   25  INTENDENT'S JUDGMENT, IS EQUIVALENT TO THE EXAMINATION FOR WHICH  IT  IS
   26  SUBSTITUTED.
   27    (E)  EVERY  INDIVIDUAL  SEEKING  TO  QUALIFY TO OBTAIN A LICENSE UNDER
   28  SUBSECTION (B) OF THIS SECTION SHALL BE REQUIRED TO  PASS  THE  TYPE  OR
   29  TYPES  OF  EXAMINATION  PRESCRIBED  BY THE SUPERINTENDENT. AN INDIVIDUAL
   30  SHALL NOT BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS  THE  INDI-
   31  VIDUAL  HAS  SUCCESSFULLY  COMPLETED A COURSE OR COURSES, APPROVED AS TO
   32  METHOD AND CONTENT BY THE SUPERINTENDENT, COVERING THE  TITLE  INSURANCE
   33  BUSINESS  AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK, IN
   34  INSTITUTIONS OF LEARNING MEETING THE STANDARDS PRESCRIBED  BY  PARAGRAPH
   35  ONE  OF  SUBSECTION (A) OF SECTION TWO THOUSAND ONE HUNDRED FOUR OF THIS
   36  ARTICLE.
   37    (F) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING  EDUCATION  SHALL  BE
   38  REQUIRED OF ANY:
   39    (1)  INDIVIDUAL WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE
   40  YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO
   41  THE SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT HAS,  WITHOUT
   42  INTERRUPTION,  REGULARLY  AND  CONTINUOUSLY PERFORMED THE FUNCTIONS OF A
   43  TITLE INSURANCE CLOSER FOR A PERIOD OF AT LEAST FIVE  YEARS  IMMEDIATELY
   44  PRECEDING  THE FILING OF SUCH APPLICATION AND IS COMPETENT AND TRUSTWOR-
   45  THY TO ACT AS A TITLE INSURANCE CLOSER;
   46    (2) APPLICANT WHO HAS PASSED THE  WRITTEN  EXAMINATION  GIVEN  BY  THE
   47  SUPERINTENDENT  FOR  A TITLE INSURANCE CLOSER'S LICENSE AND WAS LICENSED
   48  AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSURANCE CLOSER
   49  BUT DID NOT PASS SUCH AN EXAMINATION,  PROVIDED  THE  APPLICANT  APPLIES
   50  WITHIN  TWO  YEARS  FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S
   51  LICENSE; OR
   52    (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE CLOSER,
   53  WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE.
   54    (G) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO  AN  APPLICANT  A  TITLE
   55  INSURANCE  CLOSER'S  LICENSE  IF,  IN THE SUPERINTENDENT'S JUDGMENT, THE
   56  PROPOSED LICENSEE:
       S. 6357                            93                            A. 8557
    1    (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH CLOSER;
    2    (2)  HAS  GIVEN  CAUSE  FOR  THE  REVOCATION  OR  SUSPENSION OF SUCH A
    3  LICENSE; OR
    4    (3) HAS FAILED TO COMPLY WITH ANY PREREQUISITE  FOR  THE  ISSUANCE  OF
    5  SUCH LICENSE.
    6    (H)  (1) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED
    7  YEAR SHALL EXPIRE ON THE  INDIVIDUAL'S  BIRTHDAY  IN  EACH  ODD-NUMBERED
    8  YEAR.  LICENSES  ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL
    9  EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR.    EVERY
   10  SUCH LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS
   11  UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION.
   12    (2)  THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR UPON
   13  APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF.
   14    (3) ANY LICENSE SHALL  BE  CONSIDERED  IN  GOOD  STANDING  WITHIN  THE
   15  LICENSE TERM UNLESS:
   16    (A)  REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS ARTI-
   17  CLE; OR
   18    (B) IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE  FAILS
   19  TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING
   20  DURING THE TERM.
   21    (4)  BEFORE  THE RENEWAL OF ANY TITLE INSURANCE CLOSER'S LICENSE SHALL
   22  BE ISSUED, THE LICENSEE SHALL HAVE:
   23    (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR  FORMS,  AND
   24  SUPPLEMENTS  THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN-
   25  DENT MAY PRESCRIBE; AND
   26    (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION.
   27    (5) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH
   28  THE SUPERINTENDENT BEFORE THE  EXPIRATION  OF  SUCH  LICENSE,  THEN  THE
   29  LICENSE  SOUGHT  TO  BE  RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT
   30  EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE  RENEWAL  LICENSE
   31  APPLIED  FOR  OR  UNTIL  FIVE  DAYS  AFTER THE SUPERINTENDENT SHALL HAVE
   32  REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL  HAVE  GIVEN  NOTICE  OF
   33  SUCH  REFUSAL  TO  THE  APPLICANT.  BEFORE  REFUSING  TO  RENEW ANY SUCH
   34  LICENSE, EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN  EXAMINATION,
   35  THE  SUPERINTENDENT  SHALL  NOTIFY THE APPLICANT OF THE SUPERINTENDENT'S
   36  INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING.
   37    (6) THE SUPERINTENDENT MAY, IN ISSUING  A  RENEWAL  LICENSE,  DISPENSE
   38  WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN-
   39  SEE  WHO,  BY  REASON  OF  BEING ENGAGED IN ANY MILITARY SERVICE FOR THE
   40  UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION FOR  SUCH  RENEWAL
   41  LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL,
   42  IN  SUCH  FORM  AS THE SUPERINTENDENT SHALL PRESCRIBE, BY SOME PERSON OR
   43  PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS  AND  WHO
   44  MAKE  AFFIDAVIT  SHOWING SUCH MILITARY SERVICE AND THE INABILITY OF SUCH
   45  TITLE INSURANCE CLOSER TO MAKE PERSONAL APPLICATION.
   46    (7) AN INDIVIDUAL LICENSEE  WHO  IS  UNABLE  TO  COMPLY  WITH  LICENSE
   47  RENEWAL  PROCEDURES  DUE  TO  OTHER EXTENUATING CIRCUMSTANCES, SUCH AS A
   48  LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF  SUCH  PROCEDURES,
   49  IN  SUCH  FORM  AS  THE SUPERINTENDENT SHALL PRESCRIBE. THE LICENSEE MAY
   50  ALSO REQUEST A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY  OTHER  FINE
   51  OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES.
   52    (8)  AN  APPLICATION  FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH
   53  THE SUPERINTENDENT NOT LESS THAN  SIXTY  DAYS  PRIOR  TO  THE  DATE  THE
   54  LICENSE  EXPIRES  OR  THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF
   55  TEN DOLLARS FOR LATE FILING.
       S. 6357                            94                            A. 8557
    1    (9) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON  WHO  SERVED  AS  A
    2  MEMBER  OF  THE  ARMED  FORCES OF THE UNITED STATES AT ANY TIME, AND WHO
    3  SHALL  HAVE  BEEN  DISCHARGED  THEREFROM  UNDER  CONDITIONS  OTHER  THAN
    4  DISHONORABLE,  IN  A  CURRENT  LICENSING PERIOD FOR THE DURATION OF SUCH
    5  PERIOD.
    6    (10) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT-
    7  LY  IN-FORCE  LICENSE  THAT  HAS  BEEN  LOST  OR  DESTROYED. BEFORE SUCH
    8  REPLACEMENT LICENSE SHALL BE ISSUED, THERE  SHALL  BE  ON  FILE  IN  THE
    9  OFFICE  OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT
   10  LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT  THE  ORIGINAL  LICENSE
   11  HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS.
   12    S  19.  The  insurance  law is amended by adding a new section 2142 to
   13  read as follows:
   14    S 2142. TITLE INSURANCE SOLICITORS; LICENSING. (A) THE  SUPERINTENDENT
   15  MAY  ISSUE  A  LICENSE  TO  ANY  INDIVIDUAL  THAT  HAS COMPLIED WITH THE
   16  REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE TO ACT AS A TITLE
   17  INSURANCE SOLICITOR FOR ANY AUTHORIZED TITLE  INSURANCE  CORPORATION  OR
   18  TITLE INSURANCE AGENT.
   19    (B) EVERY APPLICANT FOR A LICENSE UNDER THIS SECTION SHALL BE EIGHTEEN
   20  YEARS OF AGE OR OLDER AT THE TIME OF THE ISSUANCE OF SUCH LICENSE.
   21    (C) BEFORE ANY ORIGINAL TITLE INSURANCE SOLICITOR'S LICENSE IS ISSUED,
   22  THERE  SHALL  BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICA-
   23  TION BY THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS  AND  SUPPLEMENTS
   24  THERETO,  ALONG  WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR EACH YEAR
   25  OR FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND  CONTAIN-
   26  ING INFORMATION THE SUPERINTENDENT PRESCRIBES.
   27    (D)  THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY OF
   28  EVERY APPLICANT FOR THE TITLE INSURANCE SOLICITOR LICENSE, REQUIRE  SUCH
   29  INDIVIDUAL  TO  SUBMIT TO A PERSONAL WRITTEN EXAMINATION AND TO PASS THE
   30  SAME TO THE SATISFACTION OF THE SUPERINTENDENT. THE EXAMINATION SHALL BE
   31  HELD AT SUCH TIMES AND PLACES AS THE SUPERINTENDENT SHALL FROM  TIME  TO
   32  TIME  DETERMINE.  EVERY INDIVIDUAL APPLYING TO TAKE ANY WRITTEN EXAMINA-
   33  TION SHALL, AT THE TIME OF APPLYING THEREFOR, PAY TO THE  SUPERINTENDENT
   34  OR,  AT  THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZA-
   35  TION THAT IS UNDER CONTRACT TO PROVIDE EXAMINATION SERVICES, AN EXAMINA-
   36  TION FEE OF AN AMOUNT THAT IS THE ACTUAL DOCUMENTED ADMINISTRATIVE  COST
   37  OF  CONDUCTING  SAID  QUALIFYING  EXAMINATION AS CERTIFIED BY THE SUPER-
   38  INTENDENT FROM TIME TO TIME. AN EXAMINATION FEE REPRESENTS  AN  ADMINIS-
   39  TRATIVE  EXPENSE  AND  SHALL  NOT  BE REFUNDABLE. THE SUPERINTENDENT MAY
   40  ACCEPT, IN LIEU OF ANY SUCH EXAMINATION,  THE  RESULT  OF  ANY  PREVIOUS
   41  WRITTEN  EXAMINATION,  GIVEN  BY THE SUPERINTENDENT, WHICH IN THE SUPER-
   42  INTENDENT'S JUDGMENT, IS EQUIVALENT TO THE EXAMINATION FOR WHICH  IT  IS
   43  SUBSTITUTED.
   44    (E)  EVERY  INDIVIDUAL  SEEKING  TO  QUALIFY TO OBTAIN A LICENSE UNDER
   45  SUBSECTION (B) OF THIS SECTION SHALL BE REQUIRED TO  PASS  THE  TYPE  OR
   46  TYPES  OF  EXAMINATION  PRESCRIBED  BY THE SUPERINTENDENT. AN INDIVIDUAL
   47  SHALL NOT BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS  THE  INDI-
   48  VIDUAL  HAS  SUCCESSFULLY  COMPLETED A COURSE OR COURSES, APPROVED AS TO
   49  METHOD AND CONTENT BY THE SUPERINTENDENT, COVERING THE  TITLE  INSURANCE
   50  BUSINESS  AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM WORK, IN
   51  INSTITUTIONS OF LEARNING MEETING THE STANDARDS PRESCRIBED  BY  PARAGRAPH
   52  ONE  OF  SUBSECTION (A) OF SECTION TWO THOUSAND ONE HUNDRED FOUR OF THIS
   53  ARTICLE.
   54    (F) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING  EDUCATION  SHALL  BE
   55  REQUIRED OF ANY:
       S. 6357                            95                            A. 8557
    1    (1)  INDIVIDUAL WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE
    2  YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO
    3  THE SATISFACTION OF THE SUPERINTENDENT THAT SUCH APPLICANT HAS,  WITHOUT
    4  INTERRUPTION,  REGULARLY  AND  CONTINUOUSLY PERFORMED THE FUNCTIONS OF A
    5  TITLE INSURANCE SOLICITOR FOR A PERIOD OF AT LEAST FIVE YEARS IMMEDIATE-
    6  LY  PRECEDING THE FILING OF SUCH APPLICATION AND IS COMPETENT AND TRUST-
    7  WORTHY TO ACT AS A TITLE INSURANCE CLOSER;
    8    (2) APPLICANT WHO HAS PASSED THE  WRITTEN  EXAMINATION  GIVEN  BY  THE
    9  SUPERINTENDENT  FOR  A  TITLE  INSURANCE  SOLICITOR'S  LICENSE  AND  WAS
   10  LICENSED AS SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE  INSUR-
   11  ANCE SOLICITOR BUT DID NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLI-
   12  CANT  APPLIES  WITHIN TWO YEARS FOLLOWING THE DATE OF TERMINATION OF THE
   13  APPLICANT'S LICENSE; OR
   14    (3) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE SOLICI-
   15  TOR, WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE.
   16    (G) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO  AN  APPLICANT  A  TITLE
   17  INSURANCE  SOLICITOR'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE
   18  PROPOSED LICENSEE:
   19    (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH SOLICITOR;
   20    (2) HAS GIVEN CAUSE  FOR  THE  REVOCATION  OR  SUSPENSION  OF  SUCH  A
   21  LICENSE; OR
   22    (3)  HAS  FAILED  TO  COMPLY WITH ANY PREREQUISITE FOR THE ISSUANCE OF
   23  SUCH LICENSE.
   24    (H) (1) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN  ODD-NUMBERED
   25  YEAR  SHALL  EXPIRE  ON  THE  INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED
   26  YEAR. LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED  YEARS  SHALL
   27  EXPIRE  ON  THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR.  EVERY
   28  SUCH LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS
   29  UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION.
   30    (2) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR  UPON
   31  APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF.
   32    (3)  ANY  LICENSE  SHALL  BE  CONSIDERED  IN  GOOD STANDING WITHIN THE
   33  LICENSE TERM UNLESS:
   34    (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS  ARTI-
   35  CLE; OR
   36    (B)  IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS
   37  TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING
   38  DURING THE TERM.
   39    (4) BEFORE THE RENEWAL OF  ANY  TITLE  INSURANCE  SOLICITOR'S  LICENSE
   40  SHALL BE ISSUED, THE LICENSEE SHALL HAVE:
   41    (A)  FILED  A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR FORMS, AND
   42  SUPPLEMENTS THERETO, AND CONTAINING SUCH INFORMATION AS THE  SUPERINTEN-
   43  DENT MAY PRESCRIBE; AND
   44    (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION.
   45    (5) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH
   46  THE  SUPERINTENDENT  BEFORE  THE  EXPIRATION  OF  SUCH LICENSE, THEN THE
   47  LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN  FULL  FORCE  AND  EFFECT
   48  EITHER  UNTIL  THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE
   49  APPLIED FOR OR UNTIL FIVE  DAYS  AFTER  THE  SUPERINTENDENT  SHALL  HAVE
   50  REFUSED  TO  ISSUE  SUCH  RENEWAL LICENSE AND SHALL HAVE GIVEN NOTICE OF
   51  SUCH REFUSAL TO  THE  APPLICANT.  BEFORE  REFUSING  TO  RENEW  ANY  SUCH
   52  LICENSE,  EXCEPT ON THE GROUND OF FAILURE TO PASS A WRITTEN EXAMINATION,
   53  THE SUPERINTENDENT SHALL NOTIFY THE APPLICANT  OF  THE  SUPERINTENDENT'S
   54  INTENTION TO DO SO AND SHALL GIVE THE APPLICANT A HEARING.
   55    (6)  THE  SUPERINTENDENT  MAY,  IN ISSUING A RENEWAL LICENSE, DISPENSE
   56  WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN-
       S. 6357                            96                            A. 8557
    1  SEE WHO, BY REASON OF BEING ENGAGED IN  ANY  MILITARY  SERVICE  FOR  THE
    2  UNITED  STATES,  IS UNABLE TO MAKE PERSONAL APPLICATION FOR SUCH RENEWAL
    3  LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF SUCH INDIVIDUAL,
    4  IN  SUCH  FORM  AS THE SUPERINTENDENT SHALL PRESCRIBE, BY SOME PERSON OR
    5  PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE FACTS  AND  WHO
    6  MAKE  AFFIDAVIT  SHOWING SUCH MILITARY SERVICE AND THE INABILITY OF SUCH
    7  TITLE INSURANCE SOLICITOR TO MAKE PERSONAL APPLICATION.
    8    (7) AN INDIVIDUAL LICENSEE  WHO  IS  UNABLE  TO  COMPLY  WITH  LICENSE
    9  RENEWAL  PROCEDURES  DUE  TO  OTHER EXTENUATING CIRCUMSTANCES, SUCH AS A
   10  LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF  SUCH  PROCEDURES,
   11  IN  SUCH  FORM  AS  THE SUPERINTENDENT SHALL PRESCRIBE. THE LICENSEE MAY
   12  ALSO REQUEST A WAIVER OF ANY EXAMINATION REQUIREMENT OR ANY  OTHER  FINE
   13  OR SANCTION IMPOSED FOR FAILURE TO COMPLY WITH RENEWAL PROCEDURES.
   14    (8)  AN  APPLICATION  FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH
   15  THE SUPERINTENDENT NOT LESS THAN  SIXTY  DAYS  PRIOR  TO  THE  DATE  THE
   16  LICENSE  EXPIRES  OR  THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF
   17  TEN DOLLARS FOR LATE FILING.
   18    (9) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON  WHO  SERVED  AS  A
   19  MEMBER  OF  THE  ARMED  FORCES OF THE UNITED STATES AT ANY TIME, AND WHO
   20  SHALL  HAVE  BEEN  DISCHARGED  THEREFROM  UNDER  CONDITIONS  OTHER  THAN
   21  DISHONORABLE,  IN  A  CURRENT  LICENSING PERIOD FOR THE DURATION OF SUCH
   22  PERIOD.
   23    (10) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT-
   24  LY IN-FORCE LICENSE  THAT  HAS  BEEN  LOST  OR  DESTROYED.  BEFORE  SUCH
   25  REPLACEMENT  LICENSE  SHALL  BE  ISSUED,  THERE  SHALL BE ON FILE IN THE
   26  OFFICE OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH  REPLACEMENT
   27  LICENSE,  AFFIRMING  UNDER  PENALTY OF PERJURY THAT THE ORIGINAL LICENSE
   28  HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS.
   29    S 20. Section 2314 of the insurance law is amended to read as follows:
   30    S 2314. Charging  of  rates.  No  authorized  insurer  shall,  and  no
   31  licensed insurance agent, NO TITLE INSURANCE AGENT, no employee or other
   32  representative  of  an  authorized  insurer,  and  no licensed insurance
   33  broker shall knowingly, charge or demand a rate  or  receive  a  premium
   34  [which]  THAT  departs  from  the  rates, rating plans, classifications,
   35  schedules, rules and standards in effect on behalf of  the  insurer,  or
   36  shall  issue or make any policy or contract involving a violation there-
   37  of.
   38    S 21. Section 6409 of the insurance law, subsection (c)  as  added  by
   39  chapter 955 of the laws of 1984, is amended to read as follows:
   40    S  6409.  Filing  of  policy  forms;  rates;  classification of risks;
   41  commissions and rebates prohibited. (a) No  title  insurance  policy  OR
   42  GUARANTEE  OF THE CORRECTNESS OF SEARCHES FORM shall be issued or deliv-
   43  ered in this state, unless [and until a copy of the form  thereof  shall
   44  have] IT HAS been filed with the superintendent [for his information] IN
   45  ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER.
   46    (b) [Every title insurance corporation shall file with the superinten-
   47  dent  its  rate  manual, if any, its basic schedule of rates and classi-
   48  fication of risks, its rating plan and  rules  in  connection  with  the
   49  writing  or issuance of policies of title insurance and shall thereafter
   50  likewise file any changes therein. After any such filing no such  corpo-
   51  ration  shall,  in  connection  with the writing or issuance of any such
   52  policy, deviate from the rates, classifications of risks and rules  last
   53  filed  by  it,  either  by  making any reduction in rates without having
   54  filed the same as herein provided, or by way of any  discriminations  in
   55  favor  of  or  against  any  insured.  The superintendent shall have the
   56  powers specified in article twenty-three of this chapter  applicable  to
       S. 6357                            97                            A. 8557
    1  title insurers.] TITLE INSURANCE RATES AND RATE FILINGS, INCLUDING RATES
    2  FOR GUARANTEES OF THE CORRECTNESS OF SEARCHES, SHALL BE SUBJECT TO ARTI-
    3  CLE TWENTY-THREE OF THIS CHAPTER.
    4    (c)  Notwithstanding  any other provision of this article, every title
    5  insurance [company] CORPORATION shall [be  required  to]  offer,  at  or
    6  prior to title closing, an optional policy form [which will insure] THAT
    7  INSURES the title of owner-occupied real property used predominantly for
    8  residential  purposes [which] THAT consists of not more than four dwell-
    9  ing units for an amount equal to the market value of the property at the
   10  time a loss is discovered. Such policy form shall  be  filed  with,  AND
   11  APPROVED  BY,  the  superintendent  [pursuant  to subsection (a) of this
   12  section] IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER.  Rates
   13  for  such  coverage  shall be filed AND APPROVED pursuant to [subsection
   14  (b) of this section] ARTICLE TWENTY-THREE OF THIS CHAPTER.
   15    (d) No title insurance corporation,  TITLE  INSURANCE  AGENT,  or  any
   16  other  person acting for or on behalf of [it] THE TITLE INSURANCE CORPO-
   17  RATION OR TITLE INSURANCE AGENT, shall OFFER OR make, DIRECTLY OR  INDI-
   18  RECTLY, any rebate of any portion of the fee, premium or charge made, or
   19  pay  or  give to any applicant for insurance, or to any person, firm, or
   20  corporation acting as agent, representative, attorney,  or  employee  of
   21  the  owner, lessee, mortgagee or the prospective owner, lessee, or mort-
   22  gagee or the prospective owner, lessee, or mortgagee of the real proper-
   23  ty or any interest therein, either directly or indirectly,  any  commis-
   24  sion,  any  part  of  its fees or charges, or any other consideration or
   25  valuable thing, as an inducement for, or as compensation for, any  title
   26  insurance  business,  NOR  SHALL  ANY  APPLICANT  FOR  INSURANCE, OR ANY
   27  PERSON, FIRM, OR CORPORATION ACTING AS AGENT, REPRESENTATIVE,  ATTORNEY,
   28  OR  EMPLOYEE  OF  THE OWNER, LESSEE, MORTGAGEE OR THE PROSPECTIVE OWNER,
   29  LESSEE, OR MORTGAGEE OF THE REAL PROPERTY OR ANYONE HAVING ANY  INTEREST
   30  IN  REAL  PROPERTY  KNOWINGLY  RECEIVE, DIRECTLY OR INDIRECTLY, ANY SUCH
   31  REBATE OR OTHER CONSIDERATION OR VALUABLE THING.  Any person  or  entity
   32  who  [accepts  or  receives  such  a commission or rebate] VIOLATES THIS
   33  SECTION shall be subject to a penalty equal to the greater of [one] FIVE
   34  thousand dollars or five times the amount [thereof] OF ANY  COMPENSATION
   35  OR REBATE RECEIVED OR PAID.
   36    (e)  Premium  rates  for  coverage  shall  fully reflect the foregoing
   37  prohibitions of subsection (d) [hereof] OF THIS SECTION.
   38    S 22. This act shall take effect on  the  one  hundred  eightieth  day
   39  after  it  shall  have  become  a law, provided, however, that effective
   40  immediately:
   41    (1) the addition, amendment, or  repeal  of  any  rule  or  regulation
   42  necessary  for  the  implementation of this act on its effective date is
   43  authorized and directed to be made  and  completed  on  or  before  such
   44  effective date;
   45    (2) the superintendent of financial services shall promulgate applica-
   46  tion forms for persons, firms, associations, and corporations seeking to
   47  obtain  a  license as a title insurance agent, or individuals seeking to
   48  obtain a license as a title insurance closer or title insurance  solici-
   49  tor; and
   50    (3)  each  person,  firm, association, or corporation who has filed an
   51  application for a license as a title insurance agent, or every  individ-
   52  ual  who  has  filed  an  application for a license as a title insurance
   53  closer or title insurance solicitor on or  before  January  1,  2015  or
   54  within  90  days  after  the  superintendent  of  financial services has
   55  promulgated application forms pursuant to this act,  whichever  date  is
   56  later,  may  act  as  such licensee without a license issued pursuant to
       S. 6357                            98                            A. 8557
    1  section 2140, 2141, or 2142 of the insurance law, as added  by  sections
    2  seventeen,  eighteen, and nineteen of this act, until the superintendent
    3  of financial services has made a final determination on the  application
    4  for  such  license  filed  by  such person, firm, association, or corpo-
    5  ration.
    6                                   PART W
    7    Section 1. Section 2 of part BB of chapter 58 of  the  laws  of  2012,
    8  amending the public authorities law relating to authorizing the dormito-
    9  ry  authority  to  enter into certain design and construction management
   10  agreements, as amended by section 1 of part I of chapter 58 of the  laws
   11  of 2013, is amended to read as follows:
   12    S  2.  This  act shall take effect immediately and shall expire and be
   13  deemed repealed April 1, [2014] 2015.
   14    S 2. Within 90 days of the effective date of this act,  the  dormitory
   15  authority  of  the  state  of  New York shall provide a report providing
   16  information regarding any project undertaken pursuant to  a  design  and
   17  construction  management  agreement, as authorized by part BB of chapter
   18  58 of the laws of 2012, between the dormitory authority of the state  of
   19  New  York  and  the  department of environmental conservation and/or the
   20  office of parks, recreation and historic preservation to  the  governor,
   21  the  temporary president of the senate and speaker of the assembly. Such
   22  report shall include but not be limited to a description  of  each  such
   23  project,  the  project  identification  number  of each such project, if
   24  applicable, the projected date of completion, the status of the project,
   25  the total cost or projected cost of each such project, and the location,
   26  including the names of any county, town, village  or  city,  where  each
   27  such project is located or proposed. In addition, such a report shall be
   28  provided to the aforementioned parties by the first day of March of each
   29  year  that  the authority to enter into such agreements pursuant to part
   30  BB of chapter 58 of the laws of 2012 is in effect.
   31    S 3. This act shall take effect immediately and  shall  be  deemed  to
   32  have been in effect on and after April 1, 2014.
   33                                   PART X
   34    Section  1. Section 2 of chapter 584 of the laws of 2011, amending the
   35  public authorities law relating to the powers and duties of the dormito-
   36  ry authority of the state of New York relative to the  establishment  of
   37  subsidiaries for certain purposes, as amended by section 28 of part D of
   38  chapter 56 of the laws of 2012, is amended to read as follows:
   39    S  2.  This  act shall take effect immediately and shall expire and be
   40  deemed repealed on July 1, [2014] 2016; provided however, that the expi-
   41  ration of this act shall not impair  or  otherwise  affect  any  of  the
   42  powers,  duties,  responsibilities,  functions, rights or liabilities of
   43  any subsidiary duly  created  pursuant  to  subdivision  twenty-five  of
   44  section 1678 of the public authorities law prior to such expiration.
   45    S 2. This act shall take effect immediately.
   46                                   PART Y
   47    Section 1. Section 2976-a of the public authorities law is REPEALED.
   48    S 2. Section 2868 of the public health law, as amended by section 43-a
   49  of  part  B  of  chapter  58  of the laws of 2008, is amended to read as
   50  follows:
       S. 6357                            99                            A. 8557
    1    S 2868. Fees and charges. The commissioner may by regulation establish
    2  and charge to any nursing home company, for the period of occupancy date
    3  to mortgage discharge, a fee for inspection, regulation, supervision and
    4  audit not to annually exceed two-tenths of one percent of  the  mortgage
    5  loan  to recover the departmental costs in performing these functions IN
    6  RELATION TO ANY NURSING HOME PROJECT FINANCED OR REFINANCED  BY  A  LOAN
    7  MADE  UNDER  THIS  ARTICLE  PRIOR TO APRIL FIRST, TWO THOUSAND FOURTEEN.
    8  NOTWITHSTANDING THE FOREGOING, NO SUCH FEE SHALL BE CHARGED  OR  PAYABLE
    9  PURSUANT TO THIS SECTION WITH RESPECT TO A NURSING HOME PROJECT FINANCED
   10  OR  REFINANCED  WITH  BONDS ISSUED ON OR AFTER APRIL FIRST, TWO THOUSAND
   11  FOURTEEN.
   12    S 3. Section 2881 of the public health law, as amended by section 43-b
   13  of part B of chapter 58 of the laws of  2008,  is  amended  to  read  as
   14  follows:
   15    S  2881. Fees and charges. The commissioner may, by regulation, estab-
   16  lish and charge to eligible borrowers, for  the  period  from  occupancy
   17  date  to  mortgage  discharge,  a fee for inspection, regulation, super-
   18  vision and audit not to annually exceed two-tenths of one percent of the
   19  mortgage loan to recover the  departmental  costs  in  performing  these
   20  functions  IN RELATION TO ANY HOSPITAL PROJECT FINANCED OR REFINANCED BY
   21  A LOAN MADE UNDER THIS ARTICLE PRIOR TO APRIL FIRST, TWO THOUSAND  FOUR-
   22  TEEN.    NOTWITHSTANDING  THE FOREGOING, NO SUCH FEE SHALL BE CHARGED OR
   23  PAYABLE PURSUANT TO THIS SECTION WITH  RESPECT  TO  A  HOSPITAL  PROJECT
   24  FINANCED  OR  REFINANCED  WITH BONDS ISSUED ON OR AFTER APRIL FIRST, TWO
   25  THOUSAND FOURTEEN.
   26    S 4. This act shall take effect immediately.
   27                                   PART Z
   28    Section 1. Subdivision 3 of section 16-m of section 1 of  chapter  174
   29  of  the  laws  of 1968 constituting the New York state urban development
   30  corporation act, as amended by chapter  81  of  the  laws  of  2013,  is
   31  amended to read as follows:
   32    3.  The  provisions  of this section shall expire, notwithstanding any
   33  inconsistent provision of subdivision 4 of section 469 of chapter 309 of
   34  the laws of 1996 or of any other law, on July 1, [2014] 2015.
   35    S 2. This act shall take effect immediately and  shall  be  deemed  to
   36  have been in full force and effect on and after July 1, 2014.
   37                                   PART AA
   38    Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
   39  New York state urban development corporation act, relating to the powers
   40  of the New York state urban development corporation to  make  loans,  as
   41  amended  by  section  1  of part H of chapter 58 of the laws of 2013, is
   42  amended to read as follows:
   43    S 2. This act shall take effect immediately  provided,  however,  that
   44  section  one  of  this act shall expire on July 1, [2014] 2015, at which
   45  time the provisions of subdivision 26 of section 5 of the New York state
   46  urban development corporation act shall be  deemed  repealed;  provided,
   47  however,  that neither the expiration nor the repeal of such subdivision
   48  as provided for herein shall be deemed to affect or impair in any manner
   49  any loan made pursuant to the authority of  such  subdivision  prior  to
   50  such expiration and repeal.
   51    S  2.  This  act  shall take effect immediately and shall be deemed to
   52  have been in full force and effect on and after April 1, 2014.
       S. 6357                            100                           A. 8557
    1    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    2  sion, section or part of this act shall be  adjudged  by  any  court  of
    3  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    4  impair, or invalidate the remainder thereof, but shall  be  confined  in
    5  its  operation  to the clause, sentence, paragraph, subdivision, section
    6  or part thereof directly involved in the controversy in which such judg-
    7  ment shall have been rendered. It is hereby declared to be the intent of
    8  the legislature that this act would  have  been  enacted  even  if  such
    9  invalid provisions had not been included herein.
   10    S  3.  This  act shall take effect immediately provided, however, that
   11  the applicable effective date of Parts A through AA of this act shall be
   12  as specifically set forth in the last section of such Parts.