assembly Bill A8555D

Signed by Governor

Enacts into law major components of legislation necessary to implement the public protection and general government budget for the 2014-2015 state fiscal year

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 21 / Jan / 2014
    • REFERRED TO WAYS AND MEANS
  • 12 / Feb / 2014
    • AMEND (T) AND RECOMMIT TO WAYS AND MEANS
  • 12 / Feb / 2014
    • PRINT NUMBER 8555A
  • 21 / Feb / 2014
    • AMEND (T) AND RECOMMIT TO WAYS AND MEANS
  • 21 / Feb / 2014
    • PRINT NUMBER 8555B
  • 11 / Mar / 2014
    • AMEND (T) AND RECOMMIT TO WAYS AND MEANS
  • 11 / Mar / 2014
    • PRINT NUMBER 8555C
  • 28 / Mar / 2014
    • AMEND (T) AND RECOMMIT TO WAYS AND MEANS
  • 28 / Mar / 2014
    • PRINT NUMBER 8555D
  • 31 / Mar / 2014
    • REPORTED REFERRED TO RULES
  • 31 / Mar / 2014
    • REPORTED
  • 31 / Mar / 2014
    • RULES REPORT CAL.30
  • 31 / Mar / 2014
    • ORDERED TO THIRD READING RULES CAL.30
  • 31 / Mar / 2014
    • MOTION TO AMEND LOST
  • 31 / Mar / 2014
    • MOTION TO AMEND LOST
  • 31 / Mar / 2014
    • MOTION TO AMEND LOST
  • 31 / Mar / 2014
    • MOTION TO AMEND LOST
  • 31 / Mar / 2014
    • MOTION TO AMEND LOST
  • 31 / Mar / 2014
    • PASSED ASSEMBLY
  • 31 / Mar / 2014
    • DELIVERED TO SENATE
  • 31 / Mar / 2014
    • REFERRED TO FINANCE
  • 31 / Mar / 2014
    • SUBSTITUTED FOR S6355D
  • 31 / Mar / 2014
    • 3RD READING CAL.372
  • 31 / Mar / 2014
    • PASSED SENATE
  • 31 / Mar / 2014
    • RETURNED TO ASSEMBLY
  • 31 / Mar / 2014
    • DELIVERED TO GOVERNOR
  • 31 / Mar / 2014
    • SIGNED CHAP.55

Summary

Enacts into law major components of legislation necessary to implement the public protection and general government budget for the 2014-2015 state fiscal year; amends the vehicle and traffic law, in relation to the suspension and revocation of certain driver's licenses for violations relating to the use of mobile telephones and portable electronic devices while driving and increased fines for such violations (Part B); to amend chapter 503 of the laws of 2009, relating to the disposition of monies recovered by county district attorneys before the filing of an accusatory instrument, in relation to the effectiveness thereof (Part C); to amend the tax law, in relation to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part D); to amend the state technology law, the general municipal law and the public officers law, in relation to supporting the consolidation of state information technology resources (Part F); to amend chapter 410 of the laws of 2009, amending the state finance law relating to authorizing the aggregate purchases of energy for state agencies, institutions, local governments, public authorities and public benefit corporations and chapter 97 of the laws of 2011, amending the state finance law and other laws relating to providing certain centralized service to political subdivisions and extending the authority of the commissioner of general services to aggregate purchases of energy for state agencies and political subdivisions, in relation to extending the expiration dates for the provision of certain centralized services and purchasing authorizations; and to amend the public authorities law, in relation to authorizing local authorities to use federal general service administration supply schedules and other governmental agencies for purchasing contracts; and to amend chapter 308 of the laws of 2012 amending the general municipal law relating to providing local governments greater contract flexibility and cost savings by permitting certain shared purchasing among political subdivisions, in relation to the effectiveness thereof; and providing for the repeal of certain provisions upon expiration thereof (Part G); to amend the criminal procedure law, in relation to the prosecution of misconduct by public servants, and in relation to including corrupting the government within the definition of a designated offense; to amend the penal law, in relation to attempting to commit the crime of bribery, in relation to establishing the crime of corrupting the government, in relation to the crime of bribery, and expands the crime of bribe receiving; to amend the legislative law, in relation to lobbying; to amend the state finance law, in relation to cancellation and disqualification of certain contracts; to amend the public officers law, in relation to persons deemed incapable of holding a civil office; to amend the tax law, in relation to certain tax credit limitations; to amend the public officers law, in relation to financial disclosure; and to repeal section 17-158 of the election law relating to corrupt use of position or authority (Subpart A); to amend the election law, in relation to the state board of elections chief enforcement counsel; and to amend the criminal procedure law, in relation to the chief enforcement counsel of the state board of elections (Subpart B); to amend the election law, in relation to campaign finance reform and in relation to campaign contribution limits and penalties for violations (Subpart C); and to amend the election law, in relation to matching financing; and to amend the state finance law, in relation to the New York state campaign finance fund and the abandoned property fund; and providing for the repeal of such provisions upon expiration thereof (Subpart D) (Part H); to provide for the administration of certain funds and accounts related to the 2014-15 budget, authorizing certain payments and transfers; to amend the state finance, in relation to school lax relief fund; to amend the state finance law, in relation to payments, transfers and deposits; to amend the state finance law, in relation to the period for which appropriations can be made; to transfer certain employees of the division of military and naval affairs to the office of general services; to amend the state finance law, in relation to the issuance of bonds and notes; to amend the state finance law, in relation to the general fund; to amend the New York state urban development corporation act, in relation to funding project costs for certain capital projects; to amend chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of bonds; to amend the private housing finance law, in relation to housing program bonds and notes; to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of bonds; to amend the public authorities law, in relation to the dormitory authority; to amend chapter 61 of the laws of 2005, providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to issuance of bonds by the urban development corporation; to amend the state finance law, in relation to the creation of a fund for settlement proceeds received by the New York state attorney general from J.P. Morgan Securities LLC and related entities, and to provide for the transfer of money between such fund and the general fund; to amend the New York state urban development corporation act, in relation to the Clarkson-Trudeau partnership, the New York genome center, the Cornell University college of veterinary medicine, the Olympic regional development authority, a project at nano Utica, Onondaga county revitalization projects; to amend the public authorities law, in relation to the state environmental infrastructure projects; to amend the state finance law, in relation to the New York state storm recovery capital fund; to amend the New York state urban development corporation act, in relation to authorizing the urban development corporation to issue bonds to fund project costs for the implementation of a NY-CUNY challenge grant program; to amend chapter 81 of the laws of 2002, providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to increasing the aggregate amount of bonds to be issued by the New York state urban development corporation; to amend the public authorities law, in relation to financing the peace bridge and transportation capital projects; to amend the public authorities law, in relation to dormitories at certain educational institutions other than state operated institutions and statutory or contract colleges under the jurisdiction of the state university of New York; to amend the public authorities law, in relation to authorization for the issuance of bonds for the capital restructuring bond finance program; to amend chapter 389 of the laws of 1997, providing for the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of bonds; to amend the public authorities law, in relation to environmental remediation; to amend the New York state medical care facilities finance agency act, in relation to bonds and mental health facilities improvement notes; to amend chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, in relation to the aggregate amount of and issuance of certain bonds; and to amend chapter 63 of the laws of 2005, relating to the composition and responsibilities of the New York state higher education capital matching grant board, in relation to increasing the amount of authorized matching capital grants; and providing for the repeal of certain provisions upon expiration thereof (Part I); to amend the legislative law, in relation to extending the expiration of payments to members of the assembly serving in a special capacity; and to amend chapter 141 of the laws of 1994, amending the legislative law and the state finance law relating to the operation and administration of the legislature, in relation to extending such provisions (Part K); to amend the executive law, in relating to qualifications for an annual annuity for parents of veterans (Part L); to amend the correction law, in relation to the housing of prisoners and other persons in custody (Part M); to amend the executive law, in relation to reporting on the function and effectiveness of the gun involved violence elimination program (Part N); to grant an exemption from certain provisions of the administrative code of the city of New York relating to benefits pursuant to section 421-a of the real property tax law (Part O); providing for the construction of a memorial to employees of the department of corrections and community supervision who have died in the line of duty and making available funds therefor (Part P); to amend the tax law and the state finance law, in relation to the "statewide public safety communications account" (Part Q); to amend the racing, pari-mutuel wagering and breeding law, in relation to the investigation of applicants for a gaming facility license (Part R); relating to staffing and closure of correctional facilities (Part S); to enact the "Mohawk Valley and Niagara county assessment relief act"; and to amend the local finance law, in relation to real property tax refunds and credits in such regions (Part T); to amend the real property tax law, in relation to the tax abatement and exemption for rent regulated and rent controlled property occupied by senior citizens; and providing for the repeal of certain provisions upon expiration thereof (Part U); to authorize the city of Yonkers to issue bonds; and providing for the repeal of such provisions upon expiration thereof (Subpart A); and to authorize assistance to the city of Yonkers to support public schools in the city (Subpart B)(Part V); in relation to providing municipal relief to the city of Rochester (Part W); to amend the state finance law, in relation to increasing state assistance to eligible municipalities with video lottery gaming facilities (Part X); to amend chapter 401 of the laws of 2002, amending the real property tax law and the Nassau county administrative code relating to assessment and review of assessments in the county of Nassau, in relation to extending certain provisions thereof (Part Y); to amend the urban development corporation act, in relation to a beginning farmers NY fund (Part Z); to amend the New York state urban development corporation act, in relation to the minority- and women-owned business development and lending program (Part AA); to amend the economic development law, in relation to certain correctional facilities designated as tax-free NY areas (Part BB); to amend the executive law, in relation to establishing a faculty development and technology transfer advisory council (Part CC); to amend the economic development law, in relation to including veterans within provisions of law relating to entrepreneurial assistance (Part DD); to amend the environmental conservation law and the penal law, in relation to authorizing the use of crossbows for hunting; to amend the environmental conservation law, in relation to hunting, trapping, and fishing licenses; and to amend the vehicle and traffic law, in relation to distinctive "I love New York" license plates (Part EE); to amend chapter 350 of the laws of 2012 relating to the conveyance of land formerly used as an armory to the town of Brookhaven, county of Suffolk, in relation to authorizing such transfer to be made to the North Patchogue Fire District (Part FF); authorizing the commissioner of general services to convey real property at the St. Lawrence psychiatric center to the city of Ogdensburg (Part GG); and to amend the state finance law, in relation to payments, transfers and deposits, monies recovered through the New York false claims act; to amend the executive law, in relation to general duties of the department of law; and to amend the general business law, in relation to monies recovered from monopolies, deceptive acts and practices unlawful, and actions made by the attorney general with respect to fraudulent practices (Part HH).

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Bill Details

See Senate Version of this Bill:
S6355D
Versions:
A8555
A8555A
A8555B
A8555C
A8555D
Legislative Cycle:
2013-2014
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6355--D                                            A. 8555--D

                      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 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee  on  Ways  and  Means -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee --  again  reported  from
  said  committee  with  amendments,  ordered  reprinted  as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, ordered reprinted as amended and recommitted to said
  committee

AN ACT intentionally omitted (Part A); to amend the vehicle and  traffic
  law,  in relation to the suspension and revocation of certain driver's
  licenses for violations relating to the use of mobile  telephones  and
  portable electronic devices while driving and increased fines for such
  violations  (Part B); to amend chapter 503 of the laws of 2009, relat-
  ing to the disposition of monies recovered by county  district  attor-
  neys before the filing of an accusatory instrument, in relation to the
  effectiveness  thereof  (Part C); to amend the tax law, in relation to
  suspending the transfer of monies into the emergency services  revolv-
  ing  loan fund from the public safety communications account (Part D);
  intentionally omitted (Part E); to amend the state technology law, the
  general municipal law and the public  officers  law,  in  relation  to
  supporting the consolidation of state information technology resources
  (Part F); to amend chapter 410 of the laws of 2009, amending the state
  finance  law relating to authorizing the aggregate purchases of energy
  for state agencies, institutions, local governments,  public  authori-
  ties  and  public  benefit  corporations and chapter 97 of the laws of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12670-07-4

S. 6355--D                          2                         A. 8555--D

  2011, amending the state  finance  law  and  other  laws  relating  to
  providing  certain  centralized  service to political subdivisions and
  extending the authority of the commissioner  of  general  services  to
  aggregate  purchases of energy for state agencies and political subdi-
  visions, in  relation  to  extending  the  expiration  dates  for  the
  provision  of  certain  centralized  services  and purchasing authori-
  zations; and to amend the  public  authorities  law,  in  relation  to
  authorizing  local authorities to use federal general service adminis-
  tration supply schedules and other governmental agencies for  purchas-
  ing  contracts;  and to amend chapter 308 of the laws of 2012 amending
  the general municipal law  relating  to  providing  local  governments
  greater  contract  flexibility  and cost savings by permitting certain
  shared purchasing among political subdivisions,  in  relation  to  the
  effectiveness  thereof;  and  providing  for  the  repeal  of  certain
  provisions upon expiration thereof (Part G);  to  amend  the  criminal
  procedure  law, in relation to the prosecution of misconduct by public
  servants, and in relation to including corrupting the government with-
  in the definition of a  designated offense; to amend the penal law, in
  relation to attempting to commit the crime of bribery, in relation  to
  establishing  the  crime  of corrupting the government, in relation to
  the crime of bribery, and expands the crime  of  bribe  receiving;  to
  amend the legislative law, in relation to lobbying; to amend the state
  finance  law,  in  relation  to  cancellation  and disqualification of
  certain contracts; to amend the public officers law,  in  relation  to
  persons  deemed  incapable of holding a civil office; to amend the tax
  law, in relation to certain  tax  credit  limitations;  to  amend  the
  public  officers  law,  in  relation  to  financial disclosure; and to
  repeal section 17-158 of the election law relating to corrupt  use  of
  position  or  authority  (Subpart  A);  to  amend the election law, in
  relation to the state board of elections  chief  enforcement  counsel;
  and  to  amend  the  criminal  procedure law, in relation to the chief
  enforcement counsel of the state board of elections  (Subpart  B);  to
  amend  the election law, in relation to campaign finance reform and in
  relation to campaign contribution limits and penalties for  violations
  (Subpart  C);  and  to amend the election law, in relation to matching
  financing; and to amend the state finance law, in relation to the  New
  York  state campaign finance fund and the abandoned property fund; and
  providing for the repeal of such provisions  upon  expiration  thereof
  (Subpart  D)  (Part  H);  to provide for the administration of certain
  funds and accounts related to the 2014-15 budget, authorizing  certain
  payments and transfers; to amend the state finance law, in relation to
  school tax relief fund; to amend the state finance law, in relation to
  payments,  transfers  and deposits; to amend the state finance law, in
  relation to the period for which appropriations can be made; to trans-
  fer certain employees of the division of military and naval affairs to
  the office of general services; to amend the  state  finance  law,  in
  relation  to  the  issuance  of  bonds  and  notes; to amend the state
  finance law, in relation to the general fund; to amend  the  New  York
  state  urban  development  corporation  act,  in  relation  to funding
  project costs for certain capital projects; to amend  chapter  389  of
  the laws of 1997, relating to the financing of the correctional facil-
  ities  improvement  fund  and  the youth facility improvement fund, in
  relation to the issuance  of  bonds;  to  amend  the  private  housing
  finance  law, in relation to housing program bonds and notes; to amend
  chapter 329 of the laws of 1991, amending the state  finance  law  and
  other  laws relating to the establishment of the dedicated highway and

S. 6355--D                          3                         A. 8555--D

  bridge trust fund, in relation to the issuance of bonds; to amend  the
  public  authorities  law,  in  relation to the dormitory authority; to
  amend chapter 61 of the laws of 2005, providing for the administration
  of  certain  funds  and  accounts  related to the 2005-2006 budget, in
  relation to issuance of bonds by the urban development corporation; to
  amend the state finance law, in relation to the creation of a fund for
  settlement proceeds received by the New York  state  attorney  general
  from  J.P.  Morgan Securities LLC and related entities, and to provide
  for the transfer of money between such fund and the general  fund;  to
  amend  the  New  York  state  urban  development  corporation  act, in
  relation to the Clarkson-trudeau  partnership,  the  New  York  genome
  center,  the  Cornell  University  college of veterinary medicine, the
  Olympic regional development authority, a project at nano Utica, Onon-
  daga county revitalization projects; to amend the  public  authorities
  law,  in  relation to the state environmental infrastructure projects;
  to amend the state finance law, in relation  to  the  New  York  state
  storm  recovery capital fund; to amend the New York state urban devel-
  opment corporation act, in relation to authorizing the urban  develop-
  ment  corporation  to issue bonds to fund project costs for the imple-
  mentation of a NY-CUNY challenge grant program; to amend chapter 81 of
  the laws of 2002, providing for the administration  of  certain  funds
  and  accounts related to the 2002-2003 budget, in relation to increas-
  ing the aggregate amount of bonds to be issued by the New  York  state
  urban development corporation; to amend the public authorities law, in
  relation  to  financing  of  peace  bridge  and transportation capital
  projects; to amend the public authorities law, in relation to dormito-
  ries at certain educational institutions  other  than  state  operated
  institutions and statutory or contract colleges under the jurisdiction
  of  the  state university of New York; to amend the public authorities
  law, in relation to authorization for the issuance of  bonds  for  the
  capital  restructuring  bond  finance program; to amend chapter 389 of
  the laws of 1997, providing for  the  financing  of  the  correctional
  facilities  improvement  fund and the youth facility improvement fund,
  in relation to the issuance of bonds; to amend the public  authorities
  law,  in  relation to environmental remediation; to amend the New York
  state medical care facilities finance agency act, in relation to bonds
  and mental health facilities improvement notes; to amend  chapter  174
  of the laws of 1968, constituting the New York state urban development
  corporation  act,  in relation to the aggregate amount of and issuance
  of certain bonds; and to amend chapter 63 of the laws of 2005,  relat-
  ing  to  the  composition  and  responsibilities of the New York state
  higher education capital matching grant board, in relation to increas-
  ing the amount of authorized matching capital  grants;  and  providing
  for the repeal of certain provisions upon expiration thereof (Part I);
  intentionally  omitted  (Part  J);  to  amend  the legislative law, in
  relation to extending the expiration of payments  to  members  of  the
  assembly  serving  in  a special capacity; and to amend chapter 141 of
  the laws of 1994, amending the legislative law and the  state  finance
  law  relating  to the operation and administration of the legislature,
  in relation to extending such provisions (Part K); to amend the execu-
  tive law, in relation to qualifications  for  an  annual  annuity  for
  parents of veterans (Part L); to amend the correction law, in relation
  to  the housing of prisoners and other persons in custody (Part M); to
  amend the executive law, in relation to reporting on the function  and
  effectiveness  of  the gun involved violence elimination program (Part
  N); to grant an exemption from certain provisions of  the  administra-

S. 6355--D                          4                         A. 8555--D

  tive  code  of  the  city of New York relating to benefits pursuant to
  section 421-a of the real property tax law (Part O); providing for the
  construction  of  a  memorial  to  employees  of  the  department   of
  corrections  and  community  supervision  who have died in the line of
  duty and making available funds therefore (Part P); to amend  the  tax
  law  and  the  state finance law, in relation to the "statewide public
  safety communications account" (Part Q); to amend the racing, pari-mu-
  tuel wagering and breeding law, in relation to  the  investigation  of
  applicants  for a gaming facility license (Part R); relating to staff-
  ing and closure of correctional facilities  (Part  S);  to  enact  the
  "Mohawk Valley and Niagara county assessment relief act"; and to amend
  the  local  finance  law, in relation to real property tax refunds and
  credits in such regions (Part T); to amend the real property tax  law,
  in  relation to the tax abatement and exemption for rent regulated and
  rent controlled property occupied by senior  citizens;  and  providing
  for the repeal of certain provisions upon expiration thereof (Part U);
  to authorize the city of Yonkers to issue bonds; and providing for the
  repeal  of such provisions upon expiration thereof (Subpart A); and to
  authorize assistance to the city of Yonkers to support public  schools
  in  the  city  (Subpart B)(Part V); in relation to providing municipal
  relief to the city of Rochester (Part W); to amend the  state  finance
  law,  in  relation  to increasing state assistance to eligible munici-
  palities with video lottery gaming facilities (Part X); to amend chap-
  ter 401 of the laws of 2002, amending the real property  tax  law  and
  the  Nassau  county  administrative  code  relating  to assessment and
  review of assessments in the county of Nassau, in relation to  extend-
  ing  certain  provisions thereof (Part Y); to amend the urban develop-
  ment corporation act, in relation to a beginning farmers NY fund (Part
  Z); to amend the New York state urban development corporation act,  in
  relation  to  the  minority-  and women-owned business development and
  lending program (Part AA); to amend the economic development  law,  in
  relation  to certain correctional facilities designated as tax-free NY
  areas (Part BB); to amend the executive law, in relation to establish-
  ing a faculty development and  technology  transfer  advisory  council
  (Part  CC);  to  amend  the  economic  development law, in relation to
  including veterans within provisions of law relating to entrepreneuri-
  al assistance (Part DD); to amend the environmental  conservation  law
  and the penal law, in relation to authorizing the use of crossbows for
  hunting;  to  amend the environmental conservation law, in relation to
  hunting, trapping, and fishing licenses; and to amend the vehicle  and
  traffic  law,  in  relation  to  distinctive "I love New York" license
  plates (Part EE); to amend chapter 350 of the laws of 2012 relating to
  the conveyance of land formerly used as  an  armory  to  the  town  of
  Brookhaven,  county of Suffolk, in relation to authorizing such trans-
  fer to be made to the North Patchogue Fire District (Part FF); author-
  izing the commissioner of general services to convey real property  at
  the  St.  Lawrence  psychiatric center to the city of Ogdensburg (Part
  GG); and to amend the state finance  law,  in  relation  to  payments,
  transfers  and  deposits,  monies recovered through the New York false
  claims act; to amend the executive law, in relation to general  duties
  of  the  department  of law; and to amend the general business law, in
  relation to monies recovered from monopolies, deceptive acts and prac-
  tices unlawful, and actions by the attorney general  with  respect  to
  fraudulent practices (Part HH)

S. 6355--D                          5                         A. 8555--D

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2014-2015
state fiscal year. Each component is  wholly  contained  within  a  Part
identified as Parts A through HH. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

                          Intentionally Omitted

                                 PART B

  Section 1. Subparagraphs (x) and (xi) of paragraph a of subdivision  2
of  section  510 of the vehicle and traffic law, as added by chapter 571
of the laws of 2006, are amended and two  new  subparagraphs  (xii)  and
(xiii) are added to read as follows:
  (x)  of  a  traffic  infraction  for a subsequent violation of article
twenty-six of this chapter and the commission of such  violation  caused
serious  physical injury to another person and such subsequent violation
occurred within eighteen months of a prior violation of any provision of
article twenty-six of this chapter where the commission  of  such  prior
violation caused the serious physical injury or death of another person;
[or]
  (xi)  of  a  traffic  infraction for a subsequent violation of article
twenty-six of this chapter and the commission of such  violation  caused
the death of another person and such subsequent violation occurred with-
in  eighteen  months  of  a  prior violation of any provision of article
twenty-six of this chapter where the commission of such prior  violation
caused the serious physical injury or death of another person[.];
  (XII)  OF  A SECOND OR SUBSEQUENT CONVICTION OF A VIOLATION OF SECTION
TWELVE HUNDRED TWENTY-FIVE-C OR SECTION TWELVE HUNDRED TWENTY-FIVE-D  OF
THIS CHAPTER COMMITTED WHERE SUCH PERSON IS THE HOLDER OF A PROBATIONARY
LICENSE,  AS  DEFINED IN SUBDIVISION FOUR OF SECTION FIVE HUNDRED ONE OF
THIS TITLE, AT THE TIME OF THE COMMISSION OF  SUCH  VIOLATION  AND  SUCH
SECOND OR SUBSEQUENT VIOLATION WAS COMMITTED WITHIN SIX MONTHS FOLLOWING
THE RESTORATION OR ISSUANCE OF SUCH PROBATIONARY LICENSE; OR
  (XIII)  OF A SECOND OR SUBSEQUENT CONVICTION OF A VIOLATION OF SECTION
TWELVE HUNDRED TWENTY-FIVE-C OR SECTION TWELVE HUNDRED TWENTY-FIVE-D  OF
THIS  CHAPTER COMMITTED WHERE SUCH PERSON IS THE HOLDER OF A CLASS DJ OR
MJ LEARNER'S PERMIT OR A CLASS DJ OR MJ  LICENSE  AT  THE  TIME  OF  THE
COMMISSION OF SUCH VIOLATION AND SUCH SECOND OR SUBSEQUENT VIOLATION WAS
COMMITTED  WITHIN SIX MONTHS FOLLOWING THE RESTORATION OF SUCH PERMIT OR
LICENSE.
  S 2. Paragraph b of subdivision 2 of section 510 of  the  vehicle  and
traffic  law is amended by adding two new subparagraphs (xvi) and (xvii)
to read as follows:

S. 6355--D                          6                         A. 8555--D

  (XVI) FOR A PERIOD OF ONE HUNDRED TWENTY  DAYS  WHERE  THE  HOLDER  IS
CONVICTED  OF  A  VIOLATION  OF  SECTION TWELVE HUNDRED TWENTY-FIVE-C OR
SECTION TWELVE HUNDRED TWENTY-FIVE-D OF THIS CHAPTER WHEN SUCH VIOLATION
WAS COMMITTED WHILE SUCH HOLDER HAD A PROBATIONARY LICENSE,  AS  DEFINED
IN SUBDIVISION FOUR OF SECTION FIVE HUNDRED ONE OF THIS TITLE.
  (XVII)  FOR  A  PERIOD  OF ONE HUNDRED TWENTY DAYS WHERE THE HOLDER IS
CONVICTED OF A VIOLATION OF  SECTION  TWELVE  HUNDRED  TWENTY-FIVE-C  OR
SECTION TWELVE HUNDRED TWENTY-FIVE-D OF THIS CHAPTER WHEN SUCH VIOLATION
WAS COMMITTED WHILE SUCH HOLDER HAD A CLASS DJ OR MJ LEARNER'S PERMIT OR
A CLASS DJ OR MJ LICENSE.
  S  3.  Subdivision  6 of section 510 of the vehicle and traffic law is
amended by adding a new paragraph n to read as follows:
  N. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
SUBDIVISION  TWO  OF SECTION FIVE HUNDRED TEN-B OF THIS ARTICLE OR PARA-
GRAPH (B) OF SUBDIVISION ONE OF SECTION FIVE HUNDRED TEN-C OF THIS ARTI-
CLE, WHERE REVOCATION IS MANDATORY PURSUANT  TO  SUBPARAGRAPH  (XII)  OR
SUBPARAGRAPH  (XIII)  OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION,
NO NEW LICENSE SHALL BE ISSUED FOR AT LEAST  ONE  YEAR,  NOR  THEREAFTER
EXCEPT IN THE DISCRETION OF THE COMMISSIONER.
  S 4. Subdivisions 1, 2 and 3 of section 510-b of the vehicle and traf-
fic  law,  subdivision  1  as amended by chapter 91 of the laws of 2013,
subdivisions 2 and 3 as amended by chapter 403 of the laws of 2009,  are
amended to read as follows:
  1.  A  license,  other  than  a class DJ or class MJ license, shall be
suspended, for a period of sixty days, (i) upon the first conviction  of
the  licensee  of  a violation, committed during the probationary period
provided for in subdivision four of section five  hundred  one  of  this
title,  of  any  provision of section eleven hundred twenty-nine of this
chapter, section eleven hundred eighty of this chapter or any  ordinance
or  regulation  limiting  the  speed  of motor vehicles and motorcycles,
section eleven hundred eighty-two of this chapter,  subdivision  one  of
section  eleven  hundred ninety-two of this chapter[,] OR section twelve
hundred twelve of this chapter[, section twelve hundred twenty-five-c of
this chapter or section twelve hundred twenty-five-d of  this  chapter];
or  (ii)  upon  the  second  conviction  of the licensee of a violation,
committed  during  the  aforesaid  probationary  period,  of  any  other
provision of this chapter or of any other law, ordinance, order, rule or
regulation relating to traffic.
  2.  A  license,  other than a class DJ or class MJ license, considered
probationary pursuant to subdivision three  of  this  section  shall  be
revoked upon the conviction of the licensee of a violation or violations
committed  within  six  months  following the restoration or issuance of
such license, which  conviction  or  convictions  would  result  in  the
suspension of a probationary license pursuant to subdivision one of this
section  OR  SUBPARAGRAPH  (XVI)  OF  PARAGRAPH  B OF SUBDIVISION TWO OF
SECTION FIVE HUNDRED TEN OF THIS ARTICLE.
  3. Any license, other than a class DJ or class MJ  license,  which  is
restored  or  issued  to  a  person  who  has had his last valid license
suspended or revoked pursuant to the provisions of this section  OR  THE
PROVISIONS OF SUBPARAGRAPH (XII) OF PARAGRAPH A OR SUBPARAGRAPH (XVI) OF
PARAGRAPH B OF SUBDIVISION TWO OF SECTION FIVE HUNDRED TEN OF THIS ARTI-
CLE  shall be considered probationary until the expiration of six months
following the date of restoration or issuance thereof.
  S 5. Subdivision 2 of section 510-c of the vehicle and traffic law, as
amended by chapter 91 of the laws of 2013, is amended and a new subdivi-
sion 3 is added to read as follows:

S. 6355--D                          7                         A. 8555--D

  2. For purposes of this section, the term "serious traffic  violation"
shall  mean operating a motor vehicle in violation of any of the follow-
ing provisions of this chapter:  articles  twenty-five  and  twenty-six;
subdivision  one  of  section  six  hundred;  section  six  hundred one;
sections  eleven  hundred eleven, eleven hundred seventy, eleven hundred
seventy-two and eleven hundred seventy-four; subdivisions (a), (b), (c),
(d) and  (f)  of  section  eleven  hundred  eighty,  provided  that  the
violation  involved  ten  or  more  miles  per hour over the established
limit; section eleven hundred eighty-two; subdivision three-a of section
twelve hundred twenty-nine-c for  violations  involving  use  of  safety
belts  or  seats  by  a  child  under the age of sixteen; and [sections]
SECTION twelve hundred twelve[, twelve hundred twenty-five-c and  twelve
hundred twenty-five-d] of this chapter.
  3.  ANY  SUSPENSION  OR REVOCATION REQUIRED FOR A VIOLATION OF SECTION
TWELVE HUNDRED TWENTY-FIVE-C OR SECTION TWELVE HUNDRED TWENTY-FIVE-D  OF
THIS  CHAPTER SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISIONS TWO AND
SIX OF SECTION FIVE HUNDRED TEN OF THIS ARTICLE.
  S 6. Subdivision 4 of section 1225-c of the vehicle and  traffic  law,
as  amended by section 1 of part C of chapter 55 of the laws of 2013, is
amended to read as follows:
  4. A violation of subdivision two of this section shall be  a  traffic
infraction  and  shall  be  punishable  by a fine of not less than fifty
dollars nor more than [one  hundred  fifty]  TWO  HUNDRED  dollars  upon
conviction  of a first violation; upon conviction of a second violation,
both of which were committed within a period of  eighteen  months,  such
violation shall be punished by a fine of not less than fifty dollars nor
more  than  two  hundred  FIFTY  dollars;  upon conviction of a third or
subsequent violation, all of which were committed  within  a  period  of
eighteen  months, such violation shall be punished by a fine of not less
than fifty dollars nor more than four hundred FIFTY dollars.
  S 7. Subdivision 6 of section 1225-d of the vehicle and  traffic  law,
as  amended by section 2 of part C of chapter 55 of the laws of 2013, is
amended to read as follows:
  6. A violation of this section shall be a traffic infraction and shall
be punishable by a fine of not less than fifty  dollars  nor  more  than
[one  hundred  fifty]  TWO  HUNDRED  dollars  upon conviction of a first
violation; upon conviction of a second violation,  both  of  which  were
committed  within  a  period of eighteen months, such violation shall be
punished by a fine of not less than fifty  dollars  nor  more  than  two
hundred  FIFTY  dollars;  upon  conviction  of  a  third  or  subsequent
violation, all of which were  committed  within  a  period  of  eighteen
months,  such  violation  shall  be  punished by a fine of not less than
fifty dollars nor more than four hundred FIFTY dollars.
  S 8. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a  law  and  shall  apply  to
violations committed on and after such date.

                                 PART C

  Section  1.  Section  2  of  part H of chapter 503 of the laws of 2009
relating to the disposition  of  monies  recovered  by  county  district
attorneys  before  the filing of an accusatory instrument, as amended by
section 1 of part F of chapter 55 of the laws of  2013,  is  amended  to
read as follows:

S. 6355--D                          8                         A. 8555--D

  S  2.  This act shall take effect immediately and shall remain in full
force and effect until March 31, [2014] 2015, when it shall  expire  and
be deemed repealed.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2014.

                                 PART D

  Section 1. Paragraph (b) of subdivision 6 of section 186-f of the  tax
law,  as  amended  by  section  1 of part D of chapter 57 of the laws of
2011, is amended to read as follows:
  (b) The sum of one million  five  hundred  thousand  dollars  must  be
deposited into the New York state emergency services revolving loan fund
annually;  provided,  however, that such sums shall not be deposited for
state fiscal years two thousand eleven--two thousand twelve  [and],  two
thousand twelve--two thousand thirteen, TWO THOUSAND FOURTEEN--TWO THOU-
SAND FIFTEEN AND TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN;
  S 2. This act shall take effect immediately.

                                 PART E

                          Intentionally Omitted

                                 PART F

  Section  1. Subdivision 21 of section 103 of the state technology law,
as added by section 4 of part N of chapter 55 of the laws  of  2013,  is
amended and a new subdivision 7-a is added to read as follows:
  7-A. TO PROVIDE TECHNOLOGY SERVICES VIA AGREEMENTS WITH:
  (A)  MUNICIPAL  CORPORATIONS, PUBLIC BENEFIT CORPORATIONS AND DISTRICT
CORPORATIONS AS DEFINED IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION
LAW;
  (B) POLITICAL SUBDIVISIONS AS DEFINED IN SECTION ONE  HUNDRED  OF  THE
GENERAL MUNICIPAL LAW;
  (C) PUBLIC AUTHORITIES;
  (D) SOIL AND WATER CONSERVATION DISTRICTS;
  (E)  ANY  UNIT OF THE STATE UNIVERSITY AND CITY UNIVERSITY OF NEW YORK
PURSUANT TO AND CONSISTENT WITH SECTIONS THREE  HUNDRED  FIFTY-FIVE  AND
SIXTY-TWO HUNDRED EIGHTEEN OF THE EDUCATION LAW;
  21.  Notwithstanding the provisions of section one hundred sixty-three
of the state finance law, section  one  hundred  three  of  the  general
municipal  law,  article  four-C of the economic development law, or any
other provision of law relating to the award of  public  contracts,  any
officer, body, or agency of New York state, public corporation, or other
public  entity  subject to such provisions of law shall be authorized to
enter individually or collectively into contracts with the  not-for-pro-
fit  corporation  that  operates the multi-state information sharing and
analysis center for the provision of services through September  thirti-
eth,  two  thousand [fourteen] FIFTEEN related to cyber security includ-
ing, but not limited to, monitoring, detecting, and responding to  cyber
incidents, and such contracts may be awarded without compliance with the
procedures  relating  to  the  procurement of services set forth in such
provisions of law. Such contracts shall,  however,  be  subject  to  the
comptroller's   existing  authority  to  approve  contracts  where  such
approval is required by section one hundred twelve of the state  finance

S. 6355--D                          9                         A. 8555--D

law or otherwise. Such officers, bodies, or agencies may pay the fees or
other  amounts specified in such contracts in consideration of the cyber
security services to be rendered pursuant to such contracts.
  S  2. Section 99-r of the general municipal law, as amended by section
1 of subpart B of part C of chapter 97 of the laws of 2011,  is  amended
to read as follows:
  S  99-r.  Contracts for services. Notwithstanding any other provisions
of law to the contrary, the governing board of any municipal corporation
may enter into agreements and/or contracts with any state agency includ-
ing any department, board, bureau, commission, division,  office,  coun-
cil, committee, or officer of the state, whether permanent or temporary,
or a public benefit corporation or public authority, or a soil and water
conservation district, and any unit of the state university of New York,
pursuant  to  and  consistent with sections three hundred fifty-five and
sixty-three hundred one of the education  law  within  or  without  such
municipal corporation to provide or receive fuel, equipment, maintenance
and  repair,  supplies,  water  supply,  street sweeping or maintenance,
sidewalk maintenance, right-of-way maintenance, storm  water  and  other
drainage,  sewage disposal, landscaping, mowing, TECHNOLOGY SERVICES, or
any other services of government. Such  state  agency,  soil  and  water
conservation  district,  or  unit  of  the state university of New York,
within the limits of any specific statutory appropriation authorized and
made available therefor by the legislature  or  by  the  governing  body
responsible  for  the  operation  of  such  state agency, soil and water
conservation district, or unit of the state university of New  York  may
contract  with  any  municipal  corporation  for such services as herein
provided and may provide, in agreements and/or  contracts  entered  into
pursuant  to  this  section, for the reciprocal provision of services or
other consideration of approximately equivalent  value,  including,  but
not  limited  to,  routine and/or emergency services, monies, equipment,
buildings and facilities, materials or a commitment  to  provide  future
routine  and/or  emergency  services,  monies,  equipment, buildings and
facilities or materials. Any such contract may be entered into by direct
negotiations and shall not be subject to the provisions of  section  one
hundred three of this chapter.
  S  3.  (a)  Notwithstanding  any provision of law to the contrary, any
person employed in the exempt class positions of employee program  asso-
ciate,  employee program assistant, confidential stenographer, or confi-
dential assistant by the governor's office of  employee  relations,  and
any  person  employed  in the exempt class positions of employee program
associate or employee program assistant by the labor management  commit-
tee, and any person employed in the exempt class positions of manager of
information  services  or information technology specialist by the joint
commission on public ethics immediately prior to  being  transferred  to
the  office of information technology services pursuant to subdivision 2
of section 70 of the civil service law, and who, immediately prior ther-
eto was performing information technology functions, shall  be  entitled
to  permanent  appointment  in  similar  or  corresponding titles in the
appropriate jurisdictional classification as determined by  the  depart-
ment  of  civil  service, and shall be given conforming class rights and
status. For those titles determined to be in the competitive class, such
employees shall hold such positions in the office of  information  tech-
nology  services  without  further  examination. No such employee trans-
ferred to the office of information technology services shall be subject
to a new probationary term, provided,  however,  that  any  employee  in
probationary  status  at  the  time of the transfer shall be required to

S. 6355--D                         10                         A. 8555--D

complete that probationary term at the office of information  technology
services  under  the same terms and conditions as were applicable to him
or her while employed at the governor's office  of  employee  relations,
the labor management committee or the joint commission on public ethics.
  (b)  No  employee  whose  position  is  re-classified pursuant to this
section or section four or five of this act shall suffer a reduction  in
basic salary as a result of such re-classification and shall continue to
receive,  at  a  minimum,  the  salary that such employee received while
employed by the governor's  office  of  employee  relations,  the  labor
management committee or the joint commission on public ethics.
  (c)  Any  employees  whose positions are reclassified pursuant to this
section or section four or five of this act shall have seniority  rights
on the basis of initial appointment to state service.
  S  4.  Notwithstanding any provision of law to the contrary, the civil
service department may re-classify any person employed in  a  permanent,
classified,  competitive position immediately prior to being transferred
to the office of information technology services pursuant to subdivision
2 of section 70 of the civil service law to align with  the  duties  and
responsibilities  of  their positions upon transfer. Permanent employees
whose positions are subsequently reclassified to align with  the  duties
and  responsibilities  of  their positions upon being transferred to the
office of information technology services pursuant to subdivision  2  of
section  70  of  the civil service law shall hold such positions without
further  examination  or  qualification.   Notwithstanding   any   other
provision  of this act, the names of those competitive permanent employ-
ees on promotion eligible lists in their  former  agency  or  department
shall  be  added  and interfiled on a promotion eligible list in the new
department, as the state civil service department deems appropriate.
  S 5. Notwithstanding any provision of law to the contrary,  the  civil
service  department  may  re-classify  any person employed in the exempt
class positions of employee program associate, employee program  assist-
ant,  confidential stenographer, or confidential assistant by the gover-
nor's office of employee relations,  and  any  person  employed  in  the
exempt class positions of employee program associate or employee program
assistant  by the labor management committee, and any person employed in
the exempt class positions of manager of information services or  infor-
mation  technology  specialist by the joint commission on public ethics,
immediately prior to being transferred  to  the  office  of  information
technology services pursuant to subdivision 2 of section 70 of the civil
service law to align with the duties and responsibilities of their posi-
tions  upon  transfer.    Permanent employees whose positions are subse-
quently re-classified to align with the duties and  responsibilities  of
their  positions  upon  being  transferred  to the office of information
technology services pursuant to subdivision 2 of section 70 of the civil
service law shall hold such positions  without  further  examination  or
qualification.
  S 6. This act shall take effect immediately.

                                 PART G

  Section  1. Section 3 of chapter 410 of the laws of 2009, amending the
state finance law relating to authorizing  the  aggregate  purchases  of
energy  for  state  agencies,  institutions,  local  governments, public
authorities and public benefit corporations, as amended by chapter 68 of
the laws of 2011, is amended to read as follows:

S. 6355--D                         11                         A. 8555--D

  S 3. This act shall take effect immediately and shall  expire  and  be
deemed repealed July 31, [2015] 2019.
  S  2.  Section  9  of subpart A of part C of chapter 97 of the laws of
2011, amending the state finance law and other laws relating to  provid-
ing  certain centralized service to political subdivisions and extending
the authority of the  commissioner  of  general  services  to  aggregate
purchases  of  energy  for state agencies and political subdivisions, is
amended to read as follows:
  S 9. This act shall take effect immediately, provided, however that:
  1. sections one, four, five, six and seven of this  act  shall  expire
and be deemed repealed [3 years after they shall have become a law] JULY
31, 2019;
  2.  the  amendments  to  subdivision  4  of  section 97-g of the state
finance law made by section two of this act shall [not  affect]  SURVIVE
the  expiration and reversion of such subdivision as provided in section
3 of chapter 410 of the laws of 2009[, and shall expire  and  be  deemed
repealed therewith], AS AMENDED;
  3.  sections  four, five, six and seven of this act shall apply to any
contract let or awarded on or after such effective date.
  S 3. The public authorities law is amended by  adding  a  new  section
2881 to read as follows:
  S  2881.  PURCHASES FROM FEDERAL GENERAL SERVICE ADMINISTRATION SUPPLY
SCHEDULES  AND  OTHER  GOVERNMENTAL  AGENCIES.  1.  NOTWITHSTANDING  ANY
PROVISION  OF LAW IN THIS CHAPTER TO THE CONTRARY, ANY OFFICER, BOARD OR
AGENCY OF A LOCAL AUTHORITY AUTHORIZED TO MAKE PURCHASES  OF  APPARATUS,
MATERIALS, EQUIPMENT OR SUPPLIES, OR TO CONTRACT FOR SERVICES RELATED TO
THE  INSTALLATION, MAINTENANCE OR REPAIR OF APPARATUS, MATERIALS, EQUIP-
MENT, AND SUPPLIES, MAY MAKE SUCH PURCHASES, OR MAY  CONTRACT  FOR  SUCH
SERVICES  RELATED  TO THE INSTALLATION, MAINTENANCE OR REPAIR OF APPARA-
TUS, MATERIALS, EQUIPMENT, AND SUPPLIES, AS  MAY  BE  REQUIRED  BY  SUCH
LOCAL  AUTHORITY, THROUGH THE USE OF A CONTRACT LET BY THE UNITED STATES
OF AMERICA OR ANY AGENCY THEREOF,  ANY  STATE  OR  ANY  OTHER  POLITICAL
SUBDIVISION  OR  DISTRICT THEREIN IF SUCH CONTRACT WAS LET TO THE LOWEST
RESPONSIBLE BIDDER OR OTHERWISE IN A MANNER CONSISTENT WITH THIS CHAPTER
AND MADE AVAILABLE FOR USE BY OTHER GOVERNMENTAL ENTITIES.
  2. THE AUTHORITY PROVIDED  TO  A  LOCAL  AUTHORITY  PURSUANT  TO  THIS
SECTION  SHALL  NOT  RELIEVE  ANY  OBLIGATION OF SUCH LOCAL AUTHORITY TO
COMPLY WITH ANY APPLICABLE MINORITY AND WOMEN-OWNED BUSINESS  ENTERPRISE
PROGRAM  MANDATES  AND  THE PREFERRED SOURCE REQUIREMENTS OF SECTION ONE
HUNDRED SIXTY-TWO OF THE STATE FINANCE LAW.
  3. PURCHASES FROM FEDERAL GENERAL SERVICE ADMINISTRATION SUPPLY SCHED-
ULES. ANY OFFICER, BOARD  OR  AGENCY  OF  A  LOCAL  AUTHORITY  MAY  MAKE
PURCHASES  FROM  FEDERAL GENERAL SERVICE ADMINISTRATION SUPPLY SCHEDULES
PURSUANT TO SECTION 211 OF THE FEDERAL E-GOVERNMENT ACT  OF  2002,  P.L.
107-347  AND  THE  LOCAL PREPAREDNESS ACQUISITION ACT, P.L. 110-248, AND
PURSUANT TO SECTION 1122 OF THE NATIONAL DEFENSE AUTHORIZATION  ACT  FOR
FISCAL  YEAR  1994,  P.L.  103-160  AND  SECTION  833 OF THE JOHN WARNER
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2007,  P.L.  109-364,
AND  THE FEDERAL SUPPLY SCHEDULE USAGE ACT OF 2010, P.L. 111-263, OR ANY
SUCCESSOR  SCHEDULES,  IN  ACCORDANCE  WITH  PROCEDURES  ESTABLISHED  IN
CONNECTION  THEREWITH. PRIOR TO MAKING SUCH PURCHASES THE OFFICER, BOARD
OR AGENCY SHALL CONSIDER WHETHER SUCH  PURCHASES  WILL  RESULT  IN  COST
SAVINGS  AFTER ALL FACTORS, INCLUDING CHARGES FOR SERVICE, MATERIAL, AND
DELIVERY, HAVE BEEN CONSIDERED.
  4. AS USED IN THIS SECTION, "LOCAL AUTHORITY" SHALL  INCLUDE  A  LOCAL
AUTHORITY  ESTABLISHED  PURSUANT TO THIS CHAPTER BUT SHALL NOT INCLUDE A

S. 6355--D                         12                         A. 8555--D

LOCAL INDUSTRIAL DEVELOPMENT  AUTHORITY  ESTABLISHED  PURSUANT  TO  THIS
CHAPTER.
  S  4. The office of general services shall submit to the governor, the
temporary president of the senate, and the speaker  of  the  assembly  a
report on the aggregate electric procurement program by January 1, 2019.
The  report shall include, but not be limited to, agencies participating
in the electric procurement program, the  addresses  of  the  facilities
receiving  electricity  from  such  program and each facility's electric
usage, and cost savings for each month of participation in such  program
as  compared  to  the  electricity cost if purchased from the facility's
local utility.
  S 5. Section 2 of chapter 308 of the laws of 2012 amending the general
municipal law relating to providing local governments  greater  contract
flexibility  and  cost  savings  by permitting certain shared purchasing
among political subdivisions, is amended to read as follows:
  S 2. This act shall take effect immediately, and shall expire  and  be
deemed repealed [five years after such date] JULY 31, 2019.
  S  6.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014  provided,
however,  that  section  three  of  this  act shall expire and be deemed
repealed July 31, 2019.

                                 PART H

  Section 1. This act enacts into law components  of  legislation  which
are necessary to implement the provisions relating to the prosecution of
misconduct  by  public  officials.    Each component is wholly contained
within a Subpart identified as Subparts A through D. The effective  date
for each particular provision contained within such Subpart is set forth
in  the  last  section  of  such  Subpart.  Any provision in any section
contained within a Subpart, including the effective date of the Subpart,
which makes a reference to  a  section  "of  this  act",  when  used  in
connection  with  that particular component, shall be deemed to mean and
refer to the corresponding section of the Subpart in which it is  found.
Section  three of this act sets forth the general effective date of this
act.

                                SUBPART A

  Section 1. This act shall be known and may be  cited  as  the  "Public
Trust Act".
  S  2.  Paragraph (b) of subdivision 3 of section 30.10 of the criminal
procedure law is amended to read as follows:
  (b) A prosecution for  any  offense  involving  misconduct  in  public
office  by  a  public  servant INCLUDING, WITHOUT LIMITATION, AN OFFENSE
DEFINED IN ARTICLE FOUR HUNDRED NINETY-SIX OF  THE  PENAL  LAW,  may  be
commenced  AGAINST  A  PUBLIC  SERVANT,  OR  ANY  OTHER PERSON ACTING IN
CONCERT WITH SUCH PUBLIC SERVANT at any time  during  [the  defendant's]
SUCH  PUBLIC SERVANT'S service in such office or within five years after
the termination of such service; provided  however,  that  in  no  event
shall  the  period  of  limitation  be  extended by more than five years
beyond the period otherwise applicable under  subdivision  two  OF  THIS
SECTION.
  S 3. Intentionally omitted.
  S 4. Intentionally omitted.
  S 5. Intentionally omitted.

S. 6355--D                         13                         A. 8555--D

  S 6. Intentionally omitted.
  S 7. Intentionally omitted.
  S 7-a. Intentionally omitted.
  S 8. Section 110.05 of the penal law, as amended by chapter 276 of the
laws  of  1973,  subdivision  1  as amended by chapter 93 of the laws of
2006, subdivisions 3, 4, 5, 6, 7 and 8 as renumbered by chapter  410  of
the laws of 1979, is amended to read as follows:
S 110.05 Attempt to commit a crime; punishment.
  An attempt to commit a crime is a:
  1.  Class  A-I  felony  when  the crime attempted is the A-I felony of
murder in the first degree, aggravated murder as defined in  subdivision
one  of  section  125.26  of  this  chapter,  criminal  possession  of a
controlled substance in the first degree, criminal sale of a  controlled
substance  in  the  first  degree,  criminal possession of a chemical or
biological weapon in the first degree or criminal use of a  chemical  or
biological weapon in the first degree;
  2. Class A-II felony when the crime attempted is a class A-II felony;
  3.  Class  B  felony  when  the  crime attempted is a class A-I felony
except as provided in subdivision one hereof;
  4. Class C felony when the crime attempted is a class B felony;
  5. Class D felony when the crime attempted is a class C felony;
  6. Class E felony when the crime attempted is a class D felony;
  7. Class A misdemeanor when the crime attempted is a class E felony;
  8. Class B misdemeanor when the crime attempted is a misdemeanor;
  9. CLASS D FELONY WHEN THE CRIME ATTEMPTED IS  BRIBERY  IN  THE  THIRD
DEGREE  AS  DEFINED  IN SECTION 200.00 OF THIS CHAPTER, A CLASS C FELONY
WHEN THE CRIME ATTEMPTED IS BRIBERY IN THE SECOND DEGREE AS  DEFINED  IN
SECTION  200.03  OF  THIS  CHAPTER  AND  A CLASS B FELONY WHEN THE CRIME
ATTEMPTED IS BRIBERY IN THE FIRST DEGREE AS DEFINED IN  SUBDIVISION  TWO
OF SECTION 200.04 OF THIS CHAPTER.
  S  9. Subdivision 8 of section 700.05 of the criminal procedure law is
amended by adding a new paragraph (u) to read as follows:
  (U) ANY FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY-SIX OF THE PENAL
LAW.
  S 10. Paragraph (f) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 154 of the laws of 1990, is amended
to read as follows:
  (f) Bribery in the third degree, bribery in the second degree, bribery
in the first degree, bribe receiving in the third degree, bribe  receiv-
ing  in  the  second  degree, bribe receiving in the first degree, bribe
giving for public office [and], bribe receiving for  public  office  AND
CORRUPT  USE OF POSITION OR AUTHORITY, as defined in article two hundred
of the penal law;
  S 10-a. Intentionally omitted.
  S 11. Intentionally omitted.
  S 12. Intentionally omitted.
  S 13. Intentionally omitted.
  S 14. Part 4 of the penal law is amended by adding a new title Y-2  to
read as follows:
                                TITLE Y-2
                        CORRUPTING THE GOVERNMENT

                               ARTICLE 496
                        CORRUPTING THE GOVERNMENT

SECTION 496.01 DEFINITIONS.

S. 6355--D                         14                         A. 8555--D

        496.02 CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE.
        496.03 CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE.
        496.04 CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE.
        496.05 CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE.
        496.06 PUBLIC CORRUPTION.
        496.07 SENTENCING.
S 496.01 DEFINITIONS.
  FOR  THE  PURPOSES  OF THIS ARTICLE, "SCHEME" MEANS ANY PLAN, PATTERN,
DEVICE, CONTRIVANCE, OR COURSE OF ACTION.
S 496.02 CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE.
  A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE  FOURTH  DEGREE
WHEN,  BEING  A PUBLIC SERVANT, OR ACTING IN CONCERT WITH A PUBLIC SERV-
ANT, HE OR SHE ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-
TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE  GOVERNMENTAL  INSTRUMEN-
TALITIES  WITHIN  THE STATE TO OBTAIN PROPERTY, ACTUAL SERVICES OR OTHER
RESOURCES, OR OBTAIN PROPERTY, ACTUAL SERVICES OR OTHER  RESOURCES  FROM
THE  STATE, OR ANY POLITICAL SUBDIVISION OR GOVERNMENTAL INSTRUMENTALITY
OF THE STATE BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROM-
ISES,  AND  THEREBY WRONGFULLY OBTAINS SUCH PROPERTY, ACTUAL SERVICES OR
OTHER RESOURCES.
  CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE IS A CLASS E FELONY.
S 496.03 CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN  THE  THIRD  DEGREE
WHEN,  BEING  A PUBLIC SERVANT, OR ACTING IN CONCERT WITH A PUBLIC SERV-
ANT, HE OR SHE ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-
TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE  GOVERNMENTAL  INSTRUMEN-
TALITIES  WITHIN  THE STATE TO OBTAIN PROPERTY, ACTUAL SERVICES OR OTHER
RESOURCES, OR OBTAIN PROPERTY, ACTUAL SERVICES OR OTHER  RESOURCES  FROM
THE  STATE, OR ANY POLITICAL SUBDIVISION OR GOVERNMENTAL INSTRUMENTALITY
OF THE STATE BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROM-
ISES,  AND  THEREBY WRONGFULLY OBTAINS SUCH PROPERTY, ACTUAL SERVICES OR
OTHER RESOURCES WITH A VALUE IN EXCESS OF ONE THOUSAND DOLLARS.
  CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE IS A CLASS D FELONY.
S 496.04 CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE  SECOND  DEGREE
WHEN,  BEING  A PUBLIC SERVANT, OR ACTING IN CONCERT WITH A PUBLIC SERV-
ANT, HE OR SHE ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-
TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE  GOVERNMENTAL  INSTRUMEN-
TALITIES  WITHIN  THE STATE TO OBTAIN PROPERTY, ACTUAL SERVICES OR OTHER
RESOURCES, OR OBTAIN PROPERTY, ACTUAL SERVICES OR OTHER  RESOURCES  FROM
THE  STATE, OR ANY POLITICAL SUBDIVISION OR GOVERNMENTAL INSTRUMENTALITY
OF THE STATE BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROM-
ISES,  AND  THEREBY WRONGFULLY OBTAINS SUCH PROPERTY, ACTUAL SERVICES OR
OTHER RESOURCES WITH A VALUE IN EXCESS OF TWENTY THOUSAND DOLLARS.
  CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE IS A CLASS C FELONY.
S 496.05 CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN  THE  FIRST  DEGREE
WHEN,  BEING  A PUBLIC SERVANT, OR ACTING IN CONCERT WITH A PUBLIC SERV-
ANT, HE OR SHE ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-
TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE  GOVERNMENTAL  INSTRUMEN-
TALITIES  WITHIN  THE STATE TO OBTAIN PROPERTY, ACTUAL SERVICES OR OTHER
RESOURCES, OR TO OBTAIN PROPERTY, ACTUAL  SERVICES  OR  OTHER  RESOURCES

S. 6355--D                         15                         A. 8555--D

FROM  THE STATE, OR ANY POLITICAL SUBDIVISION OR GOVERNMENTAL INSTRUMEN-
TALITY OF THE STATE BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
PROMISES, AND THEREBY WRONGFULLY OBTAINS SUCH PROPERTY, ACTUAL  SERVICES
OR  OTHER  RESOURCES  WITH  A  VALUE  IN  EXCESS OF ONE HUNDRED THOUSAND
DOLLARS.
  CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE IS A CLASS B FELONY.
S 496.06 PUBLIC CORRUPTION.
  1.  A PERSON COMMITS THE CRIME OF  PUBLIC  CORRUPTION  WHEN:  (A)  (I)
BEING A PUBLIC SERVANT HE OR SHE COMMITS A SPECIFIED OFFENSE THROUGH THE
USE  OF  HIS  OR  HER  PUBLIC  OFFICE,  OR (II) BEING A PERSON ACTING IN
CONCERT WITH SUCH PUBLIC SERVANT HE OR SHE COMMITS A SPECIFIED  OFFENSE,
AND  (B)  THE  STATE OR ANY POLITICAL SUBDIVISION THEREOF OR ANY GOVERN-
MENTAL INSTRUMENTALITY WITHIN THE STATE IS THE OWNER OF THE PROPERTY.
  2. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
PROVISIONS OF THIS CHAPTER:   SECTION 155.25  (PETIT  LARCENY);  SECTION
155.30  (GRAND  LARCENY  IN  THE  FOURTH  DEGREE); SECTION 155.35 (GRAND
LARCENY IN THE THIRD DEGREE);  SECTION  155.40  (GRAND  LARCENY  IN  THE
SECOND  DEGREE);  SECTION  155.42  (GRAND  LARCENY IN THE FIRST DEGREE);
SECTION 190.60 (SCHEME TO DEFRAUD IN  THE  SECOND  DEGREE);  OR  SECTION
190.65 (SCHEME TO DEFRAUD IN THE FIRST DEGREE).
S 496.07 SENTENCING.
  WHEN  A PERSON IS CONVICTED OF THE CRIME OF PUBLIC CORRUPTION PURSUANT
TO SECTION 496.06 OF THIS ARTICLE AND THE SPECIFIED OFFENSE IS  A  CLASS
C,  D  OR  E FELONY, THE CRIME SHALL BE DEEMED TO BE ONE CATEGORY HIGHER
THAN THE SPECIFIED OFFENSE THE  DEFENDANT  COMMITTED,  OR  ONE  CATEGORY
HIGHER  THAN  THE OFFENSE LEVEL APPLICABLE TO THE DEFENDANT'S CONVICTION
FOR AN ATTEMPT OR CONSPIRACY TO COMMIT A SPECIFIED OFFENSE, WHICHEVER IS
APPLICABLE.
  S 15. Subdivision 4 of section 200.50 of the criminal  procedure  law,
as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
follows:
  4. A statement in each count that the grand jury, or, where the  accu-
satory  instrument  is a superior court information, the district attor-
ney, accuses the  defendant  or  defendants  of  a  designated  offense,
provided  that in any prosecution under article four hundred eighty-five
of the penal law, the designated offense shall be the specified offense,
as defined in subdivision three of section  485.05  of  the  penal  law,
followed  by  the phrase "as a hate crime", and provided further that in
any prosecution under section 490.25 of the penal  law,  the  designated
offense  shall be the specified offense, as defined in subdivision three
of section 490.05 of the penal law, followed by the phrase "as  a  crime
of  terrorism";  and  provided  further  that  in  any prosecution under
section 130.91 of the penal law, the designated  offense  shall  be  the
specified  offense,  as  defined in subdivision two of section 130.91 of
the penal law, followed by the phrase "as a sexually motivated  felony";
AND PROVIDED FURTHER THAT IN ANY PROSECUTION UNDER SECTION 496.06 OF THE
PENAL  LAW,  THE  DESIGNATED  OFFENSE SHALL BE THE SPECIFIED OFFENSE, AS
DEFINED IN SUBDIVISION TWO OF SUCH SECTION, FOLLOWED BY THE PHRASE "AS A
PUBLIC CORRUPTION CRIME"; and
  S 16. Paragraph (a) of subdivision 1 of section 460.10  of  the  penal
law,  as  amended by chapter 405 of the laws of 2010, is amended to read
as follows:
  (a) Any of the felonies set forth in this  chapter:  sections  120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and

S. 6355--D                         16                         A. 8555--D

135.25 relating to kidnapping; section 135.35 relating  to  labor  traf-
ficking;  section  135.65  relating to coercion; sections 140.20, 140.25
and 140.30 relating to burglary;  sections  145.05,  145.10  and  145.12
relating  to  criminal  mischief;  article one hundred fifty relating to
arson; sections 155.30, 155.35, 155.40  and  155.42  relating  to  grand
larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
care fraud; article one hundred  sixty  relating  to  robbery;  sections
165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark  coun-
terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
to criminal diversion of  prescription  medications  and  prescriptions;
sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
215.00, 215.05  and  215.19  [relating  to  bribery];  sections  187.10,
187.15,  187.20  and  187.25  relating  to  residential  mortgage fraud,
sections 190.40 and 190.42 relating to criminal  usury;  section  190.65
relating  to  schemes  to  defraud;  ANY  FELONY DEFINED IN ARTICLE FOUR
HUNDRED NINETY-SIX; sections 205.60 and  205.65  relating  to  hindering
prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and
contempt;  section  215.40 relating to tampering with physical evidence;
sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39,
220.41, 220.43, 220.46, 220.55, 220.60 and 220.77 relating to controlled
substances; sections 225.10 and 225.20 relating  to  gambling;  sections
230.25,  230.30,  and 230.32 relating to promoting prostitution; section
230.34 relating to sex trafficking; sections 235.06, 235.07, 235.21  and
235.22  relating  to  obscenity;  sections 263.10 and 263.15 relating to
promoting a sexual performance by  a  child;  sections  265.02,  265.03,
265.04,  265.11,  265.12,  265.13  and  the provisions of section 265.10
which constitute a felony relating to firearms and other dangerous weap-
ons; [and] sections 265.14 and 265.16 relating to  criminal  sale  of  a
firearm;  [and]  section  275.10,  275.20, 275.30, or 275.40 relating to
unauthorized recordings; and sections 470.05, 470.10, 470.15 and  470.20
relating to money laundering; or
  S 17. Intentionally omitted.
  S  18.  Section  200.03 of the penal law, as amended by chapter 833 of
the laws of 1986, is amended to read as follows:
S 200.03 Bribery in the second degree.
  A person is guilty of bribery in the second degree when he confers, or
offers or agrees to confer, any benefit valued in excess of  [ten]  FIVE
thousand  dollars upon a public servant upon an agreement or understand-
ing that such public servant's vote, opinion, judgment, action, decision
or exercise of discretion as a public servant  will  thereby  be  influ-
enced.
  Bribery in the second degree is a class C felony.
  S  19. Section 200.04 of the penal law, as added by chapter 276 of the
laws of 1973, is amended to read as follows:
S 200.04 Bribery in the first degree.
  A person is guilty of bribery in the first degree when [he] THE PERSON
confers, or offers or agrees to confer[,]: (1) any benefit upon a public
servant upon an agreement or understanding that  such  public  servant's
vote, opinion, judgment, action, decision or exercise of discretion as a
public  servant will thereby be influenced in the investigation, arrest,
detention, prosecution or incarceration of any person for the commission

S. 6355--D                         17                         A. 8555--D

or alleged commission of a class A felony defined in article two hundred
twenty of [the penal law] THIS PART or an attempt  to  commit  any  such
class A felony; OR (2) ANY BENEFIT VALUED IN EXCESS OF ONE HUNDRED THOU-
SAND  DOLLARS  UPON  A PUBLIC SERVANT UPON AN AGREEMENT OR UNDERSTANDING
THAT SUCH PUBLIC SERVANT'S VOTE, OPINION, JUDGMENT, ACTION, DECISION  OR
EXERCISE OF DISCRETION AS A PUBLIC SERVANT WILL THEREBY BE INFLUENCED.
  Bribery in the first degree is a class B felony.
  S 20. Intentionally omitted.
  S  21.  Section  200.10 of the penal law, as amended by chapter 833 of
the laws of 1986, is amended to read as follows:
S 200.10 Bribe receiving in the third degree.
  A public servant is guilty of bribe receiving in the third degree when
he OR SHE solicits, accepts or agrees to accept any benefit from another
person upon an agreement or understanding that his OR HER vote, opinion,
judgment, action, decision or exercise of discretion as a public servant
will thereby be influenced.
  Bribe receiving in the third degree is a class D felony.
  S 22. Section 200.11 of the penal law, as added by chapter 833 of  the
laws of 1986, is amended to read as follows:
S 200.11 Bribe receiving in the second degree.
  A  public  servant  is  guilty of bribe receiving in the second degree
when he OR SHE solicits, accepts or agrees to accept any benefit  valued
in  excess  of  [ten]  FIVE thousand dollars from another person upon an
agreement or understanding that his  OR  HER  vote,  opinion,  judgment,
action,  decision  or  exercise  of  discretion as a public servant will
thereby be influenced.
  Bribe receiving in the second degree is a class C felony.
  S 23. Section 200.12 of the penal law, as added by chapter 276 of  the
laws of 1973, is amended to read as follows:
S 200.12 Bribe receiving in the first degree.
  A public servant is guilty of bribe receiving in the first degree when
he  OR  SHE  solicits, accepts or agrees to accept: (A) any benefit from
another person upon an agreement or understanding that his OR HER  vote,
opinion,  judgment,  action,  decision  or  exercise  of discretion as a
public servant will thereby be influenced in the investigation,  arrest,
detention, prosecution or incarceration of any person for the commission
or alleged commission of a class A felony defined in article two hundred
twenty  of  [the  penal  law] THIS PART or an attempt to commit any such
class A felony; OR (B) ANY BENEFIT VALUED IN EXCESS OF ONE HUNDRED THOU-
SAND DOLLARS FROM ANOTHER PERSON UPON AN AGREEMENT OR UNDERSTANDING THAT
SUCH PUBLIC SERVANT'S VOTE, OPINION, JUDGMENT, ACTION, DECISION OR EXER-
CISE OF DISCRETION AS A PUBLIC SERVANT WILL THEREBY BE INFLUENCED.
  Bribe receiving in the first degree is a class B felony.
  S 24. Intentionally omitted.
  S 25. Intentionally omitted.
  S 25-a. Section 17-158 of the election law is REPEALED.
  S 26. The penal law is amended by adding a new section 200.56 to  read
as follows:
S 200.56 CORRUPT USE OF POSITION OR AUTHORITY.
  A  PERSON  IS  GUILTY  OF CORRUPT USE OF POSITION OR AUTHORITY IF SUCH
PERSON:
  1. WHILE HOLDING PUBLIC OFFICE, OR BEING NOMINATED OR SEEKING A  NOMI-
NATION  THEREFOR,  CORRUPTLY USES OR PROMISES TO USE, DIRECTLY, OR INDI-
RECTLY, ANY OFFICIAL AUTHORITY OR INFLUENCE POSSESSED OR ANTICIPATED, IN
THE WAY OF CONFERRING UPON ANY PERSON, OR IN ORDER TO SECURE, OR AID ANY
PERSON IN SECURING, ANY OFFICE OR PUBLIC EMPLOYMENT, OR ANY  NOMINATION,

S. 6355--D                         18                         A. 8555--D

CONFIRMATION,  PROMOTION  OR INCREASE OF SALARY, UPON CONSIDERATION THAT
THE VOTE OR POLITICAL INFLUENCE OR ACTION OF THE PERSON SO TO  BE  BENE-
FITED  OR  OF  ANY OTHER PERSON, SHALL BE GIVEN OR USED IN BEHALF OF ANY
CANDIDATE,  OFFICER  OR  PARTY  OR  UPON  ANY OTHER CORRUPT CONDITION OR
CONSIDERATION; OR
  2. BEING A PUBLIC OFFICER OR EMPLOYEE OF  THE  STATE  OR  A  POLITICAL
SUBDIVISION  HAVING,  OR  CLAIMING  TO  HAVE, ANY AUTHORITY OR INFLUENCE
AFFECTING THE NOMINATION, PUBLIC  EMPLOYMENT,  CONFIRMATION,  PROMOTION,
REMOVAL  OR  INCREASE  OR  DECREASE  OF  SALARY OF ANY PUBLIC OFFICER OR
EMPLOYEE, CORRUPTLY PROMISES OR THREATENS TO USE ANY SUCH  AUTHORITY  OR
INFLUENCE, DIRECTLY OR INDIRECTLY TO AFFECT THE VOTE OR POLITICAL ACTION
OF  ANY  SUCH  PUBLIC  OFFICER OR EMPLOYEE, OR ON ACCOUNT OF THE VOTE OR
POLITICAL ACTION OF SUCH OFFICER OR EMPLOYEE; OR
  3. CORRUPTLY MAKES, TENDERS OR OFFERS TO PROCURE,  OR CAUSE ANY  NOMI-
NATION  OR  APPOINTMENT  FOR  ANY  PUBLIC OFFICE OR PLACE, OR ACCEPTS OR
REQUESTS ANY  SUCH  NOMINATION  OR  APPOINTMENT,  UPON  THE  PAYMENT  OR
CONTRIBUTION  OF ANY VALUABLE CONSIDERATION, OR UPON AN UNDERSTANDING OR
PROMISE THEREOF; OR
  4. CORRUPTLY MAKES ANY GIFT, PROMISE OR CONTRIBUTION  TO  ANY  PERSON,
UPON  THE  CONDITION  OR  CONSIDERATION  OF  RECEIVING AN APPOINTMENT OR
ELECTION TO A PUBLIC OFFICE OR A POSITION OF PUBLIC EMPLOYMENT,  OR  FOR
RECEIVING OR RETAINING ANY SUCH OFFICE OR POSITION, OR PROMOTION, PRIVI-
LEGE,  INCREASE  OF  SALARY  OR  COMPENSATION THEREIN, OR EXEMPTION FROM
REMOVAL OR DISCHARGE THEREFROM.
  CORRUPT USE OF POSITION OR AUTHORITY IS A CLASS E FELONY.
  S 27. Subdivision 1 of section 80.00 of the penal law, as  amended  by
chapter 338 of the laws of 1989, is amended to read as follows:
  1. A sentence to pay a fine for a felony shall be a sentence to pay an
amount, fixed by the court, not exceeding the higher of
  a. five thousand dollars; or
  b.  double  the  amount of the defendant's gain from the commission of
the crime OR, IF THE DEFENDANT IS CONVICTED OF A CRIME DEFINED IN  ARTI-
CLE  FOUR  HUNDRED  NINETY-SIX  OF  THIS  CHAPTER, ANY HIGHER AMOUNT NOT
EXCEEDING THREE TIMES THE  AMOUNT  OF  THE  DEFENDANT'S  GAIN  FROM  THE
COMMISSION OF SUCH OFFENSE; or
  c.  if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one  of  this  chapter,  according  to  the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;
  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When  imposing  a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's  conduct,  whether
the  amount  of  the  fine  is  disproportionate to the conduct in which
defendant engaged, its impact on any victims, and  defendant's  economic
circumstances,  including  the defendant's ability to pay, the effect of
the fine upon his or her immediate family or any other persons  to  whom
the defendant owes an obligation of support.
  S  28.  Subdivision  1 of section 80.10 of the penal law is amended to
read as follows:
  1. In general. A sentence to pay a fine, when imposed on a corporation
for an offense defined in this chapter or for an offense defined outside
this chapter for which no special corporate fine is specified, shall  be
a sentence to pay an amount, fixed by the court, not exceeding:
  (a) Ten thousand dollars, when the conviction is of a felony;

S. 6355--D                         19                         A. 8555--D

  (b)  Five thousand dollars, when the conviction is of a class A misde-
meanor or of an unclassified misdemeanor for which a term  of  imprison-
ment in excess of three months is authorized;
  (c)  Two  thousand dollars, when the conviction is of a class B misde-
meanor or of an unclassified misdemeanor for which the  authorized  term
of imprisonment is not in excess of three months;
  (d) Five hundred dollars, when the conviction is of a violation;
  (e)  Any  higher  amount not exceeding double the amount of the corpo-
ration's gain from the commission of the offense OR, IF THE  CORPORATION
IS  CONVICTED  OF  A CRIME DEFINED IN ARTICLE FOUR HUNDRED NINETY-SIX OF
THIS CHAPTER, ANY HIGHER AMOUNT NOT EXCEEDING THREE TIMES THE AMOUNT  OF
THE CORPORATION'S GAIN FROM THE COMMISSION OF SUCH OFFENSE.
  S  29. Subdivision (a) of section 1-c of the legislative law, as added
by chapter 2 of the laws of 1999, is amended to read as follows:
  (a) The term  "lobbyist"  shall  mean  every  person  or  organization
retained,  employed  or  designated by any client to engage in lobbying.
The term "lobbyist" shall not include any  officer,  director,  trustee,
employee, counsel or agent of the state, or any municipality or subdivi-
sion  thereof of New York when discharging their official duties; except
those officers, directors, trustees, employees, counsels, or  agents  of
colleges, as defined by section two of the education law.
  (I) ANY INDIVIDUAL WHO STANDS CONVICTED OF A FELONY DEFINED IN ARTICLE
TWO  HUNDRED  OR  FOUR HUNDRED NINETY-SIX OR SECTION 195.20 OF THE PENAL
LAW MAY NOT BE RETAINED, EMPLOYED OR DESIGNATED BY ANY CLIENT TO  ENGAGE
IN LOBBYING FOR COMPENSATION.
  (II)  ANY  INDIVIDUAL WHO STANDS CONVICTED OF A MISDEMEANOR DEFINED IN
ARTICLE TWO HUNDRED, ARTICLE FOUR HUNDRED NINETY-SIX, SECTION 195.00  OR
AN  ATTEMPT TO COMMIT A VIOLATION OF SECTION 195.20 OF THE PENAL LAW MAY
NOT BE RETAINED, EMPLOYED OR DESIGNATED  BY  ANY  CLIENT  TO  ENGAGE  IN
LOBBYING  FOR  COMPENSATION  FOR A PERIOD OF FIVE YEARS FROM THE DATE OF
CONVICTION, PROVIDED THAT IN THE EVENT SUCH CONVICTION IS THE RESULT  OF
A PLEA AGREEMENT RESULTING IN A PLEA TO SUCH CHARGE IN LIEU OF A PLEA OR
CONVICTION OF A FELONY DEFINED IN SECTION 195.20, ARTICLE TWO HUNDRED OR
ARTICLE  FOUR  HUNDRED  NINETY-SIX OF THE PENAL LAW, ALL PARTIES TO SUCH
AGREEMENT MAY AGREE THAT THE PERIOD OF SUCH BAR MAY BE FOR A  PERIOD  OF
UP TO TEN YEARS FROM THE DATE OF CONVICTION.
  S  30.  Section  139-a of the state finance law, as amended by chapter
268 of the laws of 1971, is amended to read as follows:
  S 139-a. Ground for cancellation of contract by state. A clause  shall
be inserted in all specifications or contracts hereafter made or awarded
by  the  state or any public department, agency or official thereof, for
work or services performed or to be performed, or goods sold  or  to  be
sold,  to  provide  that:  (A) upon the refusal by a person, when called
before a grand jury, head of a state department, temporary state commis-
sion or other state agency, or the organized crime  task  force  in  the
department  of  law,  which  is  empowered  to  compel the attendance of
witnesses and examine them under oath, to testify in  an  investigation,
concerning any transaction or contract had with the state, any political
subdivision  thereof,  a public authority or with any public department,
agency or official of the state or of any political subdivision  thereof
or  of  a  public authority, to sign a waiver of immunity against subse-
quent criminal prosecution or to answer any relevant question concerning
such transaction or contract; OR (B) UPON THE CONVICTION OF  ANY  PERSON
OF  A CRIME DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED NINETY-SIX OR
SECTION 195.20 OF THE PENAL LAW,

S. 6355--D                         20                         A. 8555--D

  [(a)] (I) such person, and any firm,  partnership  or  corporation  of
which he is a member, partner, director or officer shall be disqualified
from  thereafter  selling  to  or submitting bids to or receiving awards
from or entering into any contracts with the state or any public depart-
ment,  agency  or  official  thereof, for goods, work or services, for a
period of five years after such refusal, A PERIOD OF FIVE YEARS  UPON  A
CONVICTION  OF  A  MISDEMEANOR DEFINED IN ARTICLE TWO HUNDRED OR ARTICLE
FOUR HUNDRED NINETY-SIX OR AN ATTEMPT TO COMMIT A VIOLATION  OF  SECTION
195.20  OF  THE PENAL LAW, PROVIDED THAT IN THE EVENT SUCH CONVICTION IS
THE RESULT OF A PLEA AGREEMENT RESULTING IN A PLEA  TO  SUCH  CHARGE  IN
LIEU  OF  A  PLEA  OR  CONVICTION OF A FELONY DEFINED IN SECTION 195.20,
ARTICLE TWO HUNDRED OR ARTICLE FOUR HUNDRED NINETY-SIX OF THE PENAL LAW,
ALL PARTIES TO SUCH AGREEMENT MAY AGREE THAT THE PERIOD OF SUCH BAR  MAY
BE  FOR A PERIOD OF UP TO TEN YEARS FROM THE DATE OF CONVICTION, OR UPON
CONVICTION OF A FELONY DEFINED IN ARTICLE TWO HUNDRED  OR  FOUR  HUNDRED
NINETY-SIX  OR  SECTION 195.20 OF THE PENAL LAW, FOR LIFE, ANY CONVICTED
FIRM, PARTNERSHIP OR CORPORATION IS DISQUALIFIED FOR ITS  EXISTENCE  and
to provide also that
  [(b)]  (II)  any  and  all contracts made with the state or any public
department, agency or official thereof, since the effective date of this
law, by such person, and by any  firm,  partnership  or  corporation  of
which  he  is a member, partner, director or officer may be cancelled or
terminated by the state without incurring  any  penalty  or  damages  on
account of such cancellation or termination, but any monies owing by the
state  for  goods  delivered  or  work done prior to the cancellation or
termination shall be paid.
  S 31. Section 139-b of the state finance law, as  amended  by  chapter
268 of the laws of 1971, is amended to read as follows:
  S  139-b.  Disqualification to contract with state. 1. Any person who,
when called before a grand jury, head of a state  department,  temporary
state  commission  or  other  state  agency, or the organized crime task
force in the department of law, which is empowered to compel the attend-
ance of witnesses and examine them under oath, to testify in an investi-
gation, concerning any transaction or contract had with the  state,  any
political  subdivision  thereof,  a  public  authority  or with a public
department, agency or official of the state or of any political subdivi-
sion thereof or of a public authority, refuses to sign a waiver of immu-
nity against subsequent criminal prosecution or to answer  any  relevant
question concerning such transaction or contract, and any firm, partner-
ship  or corporation of which [he] ANY SUCH PERSON is a member, partner,
director or officer shall be disqualified from thereafter selling to  or
submitting  bids  to  or  receiving  awards  from  or  entering into any
contracts with the state or any public department,  agency  or  official
thereof,  for  goods, work or services, for a period of five years after
such refusal or until a disqualification shall be  removed  pursuant  to
the provisions of section one hundred thirty-nine-c of this article.
  It  shall  be  the  duty  of  the officer conducting the investigation
before the grand jury, the head of a state  department,  the  [chairman]
CHAIR  of  the  temporary state commission or other state agency, or the
organized crime task force in the department of  law  before  which  the
refusal  occurs  to send notice of such refusal, together with the names
of any firm, partnership or corporation of which the person so  refusing
is  known  to  be  a  member, partner, officer or director, to the state
commissioner of transportation, except in the  event  the  investigation
concerns  a public building transaction or contract said notice shall be
sent to the state commissioner of general services, and the  appropriate

S. 6355--D                         21                         A. 8555--D

departments, agencies and officials of the state, political subdivisions
thereof  or  public authorities with whom the person so refusing and any
firm, partnership or corporation of  which  he  is  a  member,  partner,
director  or  officer,  is  known to have a contract. However, when such
refusal occurs before a body other than a grand jury, notice of  refusal
shall  not  be  sent for a period of ten days after such refusal occurs.
Prior to the expiration of this ten day period, any person, firm,  part-
nership  or  corporation  which has become liable to the cancellation or
termination of a contract or disqualification to contract on account  of
such  refusal may commence a special proceeding at a special term of the
supreme court, held within the judicial district in  which  the  refusal
occurred,  for an order determining whether the questions in response to
which the refusal occurred were relevant and material  to  the  inquiry.
Upon  the commencement of such proceeding, the sending of such notice of
refusal to answer shall be subject to order of the court  in  which  the
proceeding  was  brought  in a manner and on such terms as the court may
deem just. If a proceeding is not brought within  ten  days,  notice  of
refusal shall thereupon be sent as provided herein.
  2.  ANY PERSON WHO STANDS CONVICTED OF A FELONY DEFINED IN ARTICLE TWO
HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.20 OF THE  PENAL  LAW,
AND  ANY  FIRM, PARTNERSHIP OR CORPORATION THAT STANDS CONVICTED OF SUCH
CRIME SHALL BE DISQUALIFIED FROM THEREAFTER  SELLING  TO  OR  SUBMITTING
BIDS TO OR RECEIVING AWARDS FROM OR ENTERING INTO ANY CONTRACTS WITH THE
STATE  OR  ANY PUBLIC DEPARTMENT, AGENCY OR OFFICIAL THEREOF, FOR GOODS,
WORK OR SERVICES. IN THE EVENT A PERSON OR FIRM, PARTNERSHIP  OR  CORPO-
RATION  IS  SO  CONVICTED,  THE  OFFICE RESPONSIBLE FOR PROSECUTING SUCH
OFFENSE SHALL SEND NOTICE OF SUCH CONVICTION TO THE  STATE  COMMISSIONER
OF GENERAL SERVICES, AND TO THE OFFICE OF THE STATE COMPTROLLER AND SUCH
APPROPRIATE  DEPARTMENTS, AGENCIES AND OFFICIALS OF THE STATE, POLITICAL
SUBDIVISIONS THEREOF OR PUBLIC AUTHORITIES WITH WHOM THE PERSON  OR  THE
FIRM, PARTNERSHIP OR CORPORATION IS KNOWN TO HAVE A CONTRACT.
  S  31-a. Section 139-c of the state finance law is amended by adding a
new subdivision 1-a to read as follows:
  1-A. ANY FIRM, PARTNERSHIP, OR CORPORATION WHICH HAS BECOME SUBJECT TO
THE CANCELLATION OR TERMINATION OF A  CONTRACT  OR  DISQUALIFICATION  TO
CONTRACT  ON  ACCOUNT  OF  CONVICTION  OF A CRIME DEFINED IN ARTICLE TWO
HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.20 OF THE  PENAL  LAW,
AS  PROVIDED IN SECTIONS ONE HUNDRED THIRTY-NINE-A AND ONE HUNDRED THIR-
TY-NINE-B OF THIS ARTICLE, MAY, UPON THIRTY DAYS' NOTICE TO THE DISTRICT
ATTORNEY WHO CONDUCTED THE ACTION THAT LED TO THE  CONVICTION,  AND  THE
OFFICE  OF  THE  STATE  COMPTROLLER  COMMENCE  A SPECIAL PROCEEDING AT A
SPECIAL TERM OF THE SUPREME COURT HELD WITHIN THE JUDICIAL  DISTRICT  IN
WHICH  THE  CONVICTION  WAS  OBTAINED  FOR  AN  ORDER DISCONTINUING SUCH
DISQUALIFICATION. THE PETITION SHALL SET FORTH  THE  GROUNDS,  INCLUDING
THAT  THE FIRM, PARTNERSHIP, OR CORPORATION HAS TAKEN SUFFICIENT ACTIONS
TO REMOVE FROM RESPONSIBILITY OFFICERS AND EMPLOYEES WHO ENGAGED IN  THE
ACTIONS THAT FORMED THE BASIS OF THE CONVICTION, THAT THE FIRM, PARTNER-
SHIP,  OR  CORPORATION  HAS  TAKEN APPROPRIATE AND SUFFICIENT ACTIONS TO
ENSURE THAT THE ACTIONS THAT FORMED THE  BASIS  OF  THE  CONVICTION  ARE
UNLIKELY  TO  RECUR,  AND  THAT IT WILL NOT BE IN THE PUBLIC INTEREST TO
CANCEL OR TERMINATE PETITIONER'S CONTRACTS OR TO CONTINUE THE  DISQUALI-
FICATION,  AS  PROVIDED  IN  SECTIONS  ONE HUNDRED THIRTY-NINE-A AND ONE
HUNDRED THIRTY-NINE-B OF THIS ARTICLE; PROVIDED  FURTHER,  AT  ANY  TIME
AFTER  SUCH  CANCELLATION OR DISQUALIFICATION ANY SUCH FIRM, PARTNERSHIP
OR CORPORATION MAY APPLY TO THE SUPREME COURT, UPON NOTICE  AS  PROVIDED

S. 6355--D                         22                         A. 8555--D

HEREIN  FOR AN IMMEDIATE TERMINATION OF DISQUALIFICATION UPON A REVERSAL
OF THE CONVICTION UPON WHICH THE DEBARMENT WAS IMPOSED.
  S  31-b.  Section  3 of the public officers law is amended by adding a
new subdivision 1-a to read as follows:
  1-A. (I) NO PERSON SHALL BE CAPABLE OF  HOLDING  A  CIVIL  OFFICE  WHO
SHALL STAND CONVICTED OF A FELONY DEFINED IN ARTICLE TWO HUNDRED OR FOUR
HUNDRED NINETY-SIX OR SECTION 195.20 OF THE PENAL LAW.
  (II)  ANY  INDIVIDUAL WHO STANDS CONVICTED OF A MISDEMEANOR DEFINED IN
ARTICLE TWO HUNDRED, ARTICLE FOUR HUNDRED NINETY-SIX OR  SECTION  195.00
OF  THE  PENAL  LAW MAY NOT HOLD CIVIL OFFICE FOR A PERIOD OF FIVE YEARS
FROM THE DATE OF CONVICTION, PROVIDED THAT IN THE EVENT SUCH  CONVICTION
IS  THE RESULT OF A PLEA AGREEMENT RESULTING IN A PLEA TO SUCH CHARGE IN
LIEU OF A PLEA OR CONVICTION OF A  FELONY  DEFINED  IN  SECTION  195.20,
ARTICLE TWO HUNDRED OR ARTICLE FOUR HUNDRED NINETY-SIX OF THE PENAL LAW,
ALL  PARTIES TO SUCH AGREEMENT MAY AGREE THAT THE PERIOD OF SUCH BAR MAY
BE FOR A PERIOD OF UP TO TEN YEARS FROM THE DATE OF CONVICTION.
  S 32. Intentionally omitted.
  S 33. Intentionally omitted.
  S 34. Intentionally omitted.
  S 35. Intentionally omitted.
  S 36. The tax law is amended by adding a new section  41  to  read  as
follows:
  S  41.  LIMITATIONS ON TAX CREDIT ELIGIBILITY. ANY TAXPAYER WHO STANDS
CONVICTED, OR WHO IS A SHAREHOLDER OF AN S CORPORATION OR PARTNER  IN  A
PARTNERSHIP  WHICH  IS  CONVICTED,  OF AN OFFENSE DEFINED IN ARTICLE TWO
HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.20 OF  THE  PENAL  LAW
SHALL  NOT  BE  ELIGIBLE  FOR ANY TAX CREDIT ALLOWED UNDER ARTICLE NINE,
NINE-A, THIRTY-TWO OR THIRTY-THREE OF THIS CHAPTER OR ANY  BUSINESS  TAX
CREDIT ALLOWED UNDER ARTICLE TWENTY-TWO OF THIS CHAPTER. FOR PURPOSES OF
THIS  SECTION, A BUSINESS TAX CREDIT ALLOWED UNDER ARTICLE TWENTY-TWO OF
THIS CHAPTER IS A TAX CREDIT ALLOWED TO TAXPAYERS UNDER ARTICLE  TWENTY-
TWO  WHICH IS SUBSTANTIALLY SIMILAR TO A TAX CREDIT ALLOWED TO TAXPAYERS
UNDER ARTICLE NINE-A OF THIS CHAPTER. IN THE EVENT  A  PERSON  OR  FIRM,
PARTNERSHIP OR CORPORATION IS CONVICTED OF AN OFFENSE DEFINED IN ARTICLE
TWO  HUNDRED  OR  FOUR HUNDRED NINETY-SIX OR SECTION 195.00 OF THE PENAL
LAW, THE OFFICE RESPONSIBLE FOR  PROSECUTING  SUCH  OFFENSE  SHALL  SEND
NOTICE OF SUCH CONVICTION, TOGETHER WITH THE NAMES OF ANY FIRM, PARTNER-
SHIP  OR  CORPORATION OF WHICH THE PERSON IS KNOWN TO BE A MEMBER, PART-
NER, OFFICER OR DIRECTOR, TO THE COMMISSIONER.
  S 37. Paragraph 8 of subdivision 3 of section 73-a of the public offi-
cers law, as amended by section 5 of part A of chapter 399 of  the  laws
of 2011, is amended to read as follows:
8.  (a)  If  the  reporting individual practices law, is licensed by the
    department of state as a real estate broker or agent or practices  a
    profession  licensed  by  the department of education, or works as a
    member or employee of  a  firm  required  to  register  pursuant  to
    section  one-e  of the legislative law as a lobbyist, give a general
    description of the principal subject areas of matters undertaken  by
    such  individual. Additionally, if such an individual practices with
    a firm or corporation and is a partner or shareholder of the firm or
    corporation, give a general description of principal  subject  areas
    of matters undertaken by such firm or corporation.

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

S. 6355--D                         23                         A. 8555--D

    ____________________________________________________________________
    ____________________________________________________________________

  (b)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, OR FOR NEW MATTERS
FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO  THOSE  SERVICES  THAT
ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE:
  If the reporting individual personally provides services to any person
or  entity,  or works as a member or employee of a partnership or corpo-
ration that  provides  such  services  (referred  to  hereinafter  as  a
"firm"),  then  identify  each  client or customer to whom the reporting
individual personally provided services, or who was referred to the firm
by the reporting individual, and from whom the reporting  individual  or
his  or  her  firm earned fees in excess of $10,000 during the reporting
period for such services rendered in direct connection with:
  (i) A proposed bill or resolution in the senate or assembly during the
reporting period;
  (ii) A contract in an amount totaling $50,000  or more from the  state
or any state agency for services, materials, or property;
  (iii)  A  grant of $25,000  or more from the state or any state agency
during the reporting period;
  (iv) A grant obtained through  a  legislative  initiative  during  the
reporting period; or
  (v)  A  case,  proceeding,  application  or other matter that is not a
ministerial matter before a state agency during the reporting period.
  For purposes of this question, "referred  to  the  firm"  shall  mean:
having  intentionally  and  knowingly  taken a specific act or series of
acts to intentionally procure for the  reporting  individual's  firm  or
knowingly  solicit or direct to the reporting individual's firm in whole
or substantial part, a person or entity that becomes a  client  of  that
firm  for  the  purposes  of  representation  for a matter as defined in
subparagraphs (i) through (v) of this paragraph, as the result  of  such
procurement,  solicitation  or  direction of the reporting individual. A
reporting  individual  need  not  disclose  activities  performed  while
lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
sion seven of section seventy-three of this article.
  The  disclosure requirement in this question shall not require disclo-
sure of clients or  customers  receiving  medical  or  dental  services,
mental  health  services, residential real estate brokering services, or
insurance brokering services from the reporting individual or his or her
firm. The reporting individual need not identify any client to  whom  he
or  she or his or her firm provided legal representation with respect to
investigation or prosecution by law enforcement authorities, bankruptcy,
or domestic relations matters. With respect to  clients  represented  in
other  matters,  where  disclosure  of  a client's identity is likely to
cause harm, the reporting individual shall request an exemption from the
joint commission pursuant  to  paragraph  (i)  of  subdivision  nine  of
section  ninety-four  of  the executive law. Only a reporting individual
who first enters public office after July first,  two  thousand  twelve,
need  not  report clients or customers with respect to matters for which
the reporting individual or his or her firm was retained prior to enter-
ing public office.
Client                                    Nature of Services Provided
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

S. 6355--D                         24                         A. 8555--D

________________________________________________________________________
________________________________________________________________________

  (c)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND  FIFTEEN,  OR  FOR  NEW
MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES
THAT ARE PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN:
  IF  THE REPORTING INDIVIDUAL RECEIVES INCOME OF FIFTY THOUSAND DOLLARS
OR GREATER FROM ANY EMPLOYMENT OR  ACTIVITY  REPORTABLE  UNDER  QUESTION
8(A),  IDENTIFY  EACH  REGISTERED  LOBBYIST WHO HAS DIRECTLY REFERRED TO
SUCH INDIVIDUAL A CLIENT WHO WAS SUCCESSFULLY REFERRED TO THE  REPORTING
INDIVIDUAL'S  BUSINESS  AND  FROM  WHOM THE REPORTING INDIVIDUAL OR FIRM
RECEIVED A FEE FOR SERVICES IN EXCESS OF TEN  THOUSAND  DOLLARS.  REPORT
ONLY  THESE REFERRALS THAT WERE MADE TO A REPORTING INDIVIDUAL BY DIRECT
COMMUNICATION FROM A PERSON KNOWN TO SUCH REPORTING INDIVIDUAL TO  BE  A
REGISTERED  LOBBYIST  AT  THE TIME THE REFERRAL IS MADE. WITH RESPECT TO
EACH SUCH REFERRAL, THE REPORTING INDIVIDUAL SHALL IDENTIFY  THE  REGIS-
TERED  LOBBYIST  WHO HAS MADE THE REFERRAL, THE CATEGORY OF VALUE OF THE
COMPENSATION RECEIVED AND A GENERAL DESCRIPTION OF THE TYPE OF MATTER SO
REFERRED.  A REPORTING INDIVIDUAL NEED NOT DISCLOSE ACTIVITIES PERFORMED
WHILE LAWFULLY ACTING PURSUANT TO PARAGRAPHS (C), (D), (E)  AND  (F)  OF
SUBDIVISION  SEVEN OF SECTION SEVENTY-THREE OF THIS ARTICLE. THE DISCLO-
SURE REQUIREMENTS IN THIS  QUESTION  SHALL  NOT  REQUIRE  DISCLOSURE  OF
CLIENTS OR CUSTOMERS RECEIVING MEDICAL OR DENTAL SERVICES, MENTAL HEALTH
SERVICES,  RESIDENTIAL  REAL  ESTATE  BROKERING  SERVICES,  OR INSURANCE
BROKERING SERVICES FROM THE REPORTING INDIVIDUAL OR HIS OR HER FIRM. THE
REPORTING INDIVIDUAL NEED NOT IDENTIFY ANY CLIENT TO WHOM HE OR  SHE  OR
HIS  OR  HER FIRM PROVIDED LEGAL REPRESENTATION WITH RESPECT TO INVESTI-
GATION OR PROSECUTION BY LAW  ENFORCEMENT  AUTHORITIES,  BANKRUPTCY,  OR
DOMESTIC RELATIONS MATTERS. WITH RESPECT TO CLIENTS REPRESENTED IN OTHER
MATTERS,  THE  REPORTING  INDIVIDUAL SHALL REQUEST AN EXEMPTION FROM THE
JOINT COMMISSION, WHICH SHALL BE GRANTED FOR GOOD CAUSE SHOWN.  FOR  THE
PURPOSES  OF  THIS  QUESTION,  GOOD  CAUSE MAY BE SHOWN BY CIRCUMSTANCES
INCLUDING, BUT NOT LIMITED TO, WHERE DISCLOSURE OF A  CLIENT'S  IDENTITY
WOULD  REVEAL  TRADE  SECRETS  OR HAVE A NEGATIVE IMPACT ON THE CLIENT'S
BUSINESS INTERESTS, WOULD CAUSE  EMBARRASSMENT  FOR  THE  CLIENT,  COULD
REASONABLY  RESULT  IN  RETALIATION AGAINST THE CLIENT, OR WOULD TEND TO
REVEAL NON-PUBLIC MATTERS REGARDING A CRIMINAL INVESTIGATION.    ONLY  A
REPORTING INDIVIDUAL WHO FIRST ENTERS PUBLIC OFFICE AFTER JANUARY FIRST,
TWO  THOUSAND FIFTEEN, NEED NOT REPORT CLIENTS OR CUSTOMERS WITH RESPECT
TO MATTERS FOR WHICH THE REPORTING INDIVIDUAL OR HIS  OR  HER  FIRM  WAS
RETAINED PRIOR TO ENTERING PUBLIC OFFICE.
CLIENT          NAME OF LOBBYIST          CATEGORY OF AMOUNT (IN TABLE 1)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

  (D)  List  the  name, principal address and general description or the
nature of the business activity of any entity  in  which  the  reporting
individual  or  such  individual's spouse had an investment in excess of
$1,000 excluding investments in securities and interests in real proper-
ty.

S. 6355--D                         25                         A. 8555--D

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

  S  38.  Severability.  If  any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  to  be invalid, such judgment shall not affect, impair, or invali-
date the remainder thereof, but shall be confined in  its  operation  to
the  clause,  sentence,  paragraph,  section  or  part  thereof directly
involved in the controversy in  which  such  judgment  shall  have  been
rendered.
  S  39.  This act shall take effect on the thirtieth day after it shall
have become a law and shall only apply to acts  committed  on  or  after
such date.

                                SUBPART B

  Section  1.  Subdivision  1  of section 14-126 of the election law, as
amended by section 3 of part E of chapter 399 of the laws  of  2011,  is
amended to read as follows:
  1.  Any  person  who fails to file a statement required to be filed by
this article shall be subject to a civil penalty, not in excess  of  one
thousand  dollars,  to  be  recoverable in a special proceeding or civil
action to be brought by the state board of elections [or other board  of
elections]  CHIEF ENFORCEMENT COUNSEL PURSUANT TO SECTION 16-114 OF THIS
CHAPTER. Any person who, three or more times  within  a  given  election
cycle  for  such term of office, fails to file a statement or statements
required to be filed by this article, shall be subject to a civil penal-
ty, not in excess of ten thousand dollars, to be recoverable as provided
for in this subdivision.
  S 2. Subdivision 3 of section 3-100 of the election law, as amended by
chapter 220 of the laws of 2005, is amended to read as follows:
  3. The commissioners of the state board of  elections  shall  have  no
other public employment. The commissioners shall receive an annual sala-
ry  of  twenty-five  thousand dollars, within the amounts made available
therefor by appropriation. The board shall, for the purposes of sections
seventy-three and seventy-four of the public officers law, be  a  "state
agency",  and  such commissioners shall be "officers" of the state board
of elections for the purposes of such sections. Within the amounts  made
available  by appropriation therefor, the state board of elections shall
appoint two co-executive directors, and such other staff members as  are
necessary  in  the  exercise of its functions, and may fix their compen-
sation. [Anytime after the effective date of the chapter of the laws  of
two thousand five which amended this subdivision, the] THE commissioners
or,  in  the case of a vacancy on the board, the commissioner of each of
the major political parties shall  appoint  one  co-executive  director.
Each co-executive director shall serve a term of four years. ANY VACANCY
IN  THE  OFFICE  OF CO-EXECUTIVE DIRECTOR shall be filled by the commis-
sioners or, in the case of a vacancy on the board, the  commissioner  of
the same major political party as the vacating incumbent for the remain-
ing period of the term of such vacating incumbent.
  S  2-a.  Section  3-100 of the election law is amended by adding a new
subdivision 3-a to read as follows:

S. 6355--D                         26                         A. 8555--D

  3-A. THERE IS ESTABLISHED WITHIN THE  STATE  BOARD  OF  ELECTIONS  THE
OFFICE OF CHIEF ENFORCEMENT COUNSEL TO HEAD THE DIVISION OF ELECTION LAW
ENFORCEMENT. SUCH COUNSEL SHALL SERVE IN SAID OFFICE FOR A FIXED TERM OF
FIVE  YEARS  COMMENCING  SEPTEMBER FIRST, TWO THOUSAND FOURTEEN, AND MAY
ONLY  BE  REMOVED BY THE GOVERNOR FOR SUBSTANTIAL NEGLECT OF DUTY, GROSS
MISCONDUCT IN OFFICE, OR THE INABILITY TO DISCHARGE THE POWERS OR DUTIES
OF OFFICE, UPON NOTICE WITH  AN  OPPORTUNITY  TO  BE  HEARD.  THE  CHIEF
ENFORCEMENT  COUNSEL  SHALL HAVE SOLE AUTHORITY OVER PERSONNEL DECISIONS
WITHIN THE ENFORCEMENT DIVISION. ALL HIRING DECISIONS MADE BY THE  CHIEF
ENFORCEMENT  COUNSEL  SHALL  BE  MADE WITHOUT REGARD TO POLITICAL AFFIL-
IATION. THE CHIEF ENFORCEMENT COUNSEL SHALL NOT HOLD  ANY  OTHER  PUBLIC
OFFICE,  BE  A PARTY OFFICER DURING HIS OR HER TERM OF OFFICE, OR OTHER-
WISE ENGAGE IN OUTSIDE EMPLOYMENT. HE OR SHE  SHALL  BE  CHOSEN  BY  THE
GOVERNOR  WHICH  CHOICE SHALL BE CONFIRMED BY EACH HOUSE OF THE LEGISLA-
TURE SEPARATELY BY A MAJORITY VOTE OF THE MEMBERS ELECTED TO EACH  HOUSE
OF THE LEGISLATURE.
  S  3.  Subdivision  3  and paragraph (c) of subdivision 9-A of section
3-102 of the election law, subdivision 3 as amended by chapter 9 of  the
laws  of  1978  and paragraph (c) of subdivision 9-A as added by chapter
430 of the laws of 1997, are amended to read as follows:
  3. conduct any investigation necessary to carry out the provisions  of
this chapter, PROVIDED, HOWEVER, THAT THE STATE BOARD OF ELECTIONS CHIEF
ENFORCEMENT COUNSEL, ESTABLISHED PURSUANT TO SECTION 3-100 OF THIS ARTI-
CLE,   SHALL   CONDUCT  ALL  INVESTIGATIONS  NECESSARY  TO  ENFORCE  THE
PROVISIONS OF THIS CHAPTER;
  (c) establish [a] AN EDUCATIONAL AND training program on ALL REPORTING
REQUIREMENTS INCLUDING BUT NOT LIMITED TO the electronic reporting proc-
ess and make it EASILY AND READILY available to any  such  candidate  or
committee;
  S  4. Section 3-104 of the election law, subdivisions 1, 3, 4 and 5 as
redesignated and subdivision 2 as amended by chapter 9 of  the  laws  of
1978, is amended to read as follows:
  S 3-104. State board of elections; enforcement powers.
  1.  (A)  THERE  SHALL  BE A UNIT KNOWN AS THE DIVISION OF ELECTION LAW
ENFORCEMENT ESTABLISHED WITHIN THE STATE BOARD OF ELECTIONS. THE HEAD OF
SUCH UNIT SHALL BE THE CHIEF ENFORCEMENT COUNSEL.
  (B) The state board of elections shall have jurisdiction  of,  and  be
responsible  for,  the  execution  and  enforcement of the provisions of
article fourteen of this chapter and other statutes governing campaigns,
elections and  related  procedures;  PROVIDED  HOWEVER  THAT  THE  CHIEF
ENFORCEMENT  COUNSEL SHALL HAVE SOLE AUTHORITY WITHIN THE STATE BOARD OF
ELECTIONS TO INVESTIGATE ON HIS OR HER OWN INITIATIVE OR UPON  COMPLAINT
ALLEGED   VIOLATIONS  OF  SUCH  STATUTES  AND  ALL  COMPLAINTS  ALLEGING
VIOLATIONS SHALL BE FORWARDED TO THE DIVISION OF ELECTION  LAW  ENFORCE-
MENT.
  2.  (A) Whenever [the state board of elections or other] A LOCAL board
of elections shall determine, on its own initiative or  upon  complaint,
or otherwise, that there is substantial reason to believe a violation of
this  chapter  or  any  code  or  regulation  promulgated thereunder has
[occurred] BEEN COMMITTED BY A CANDIDATE OR POLITICAL COMMITTEE OR OTHER
PERSON OR ENTITY THAT FILES STATEMENTS REQUIRED BY ARTICLE  FOURTEEN  OF
THIS  CHAPTER  SOLELY WITH SUCH LOCAL BOARD, it shall expeditiously make
an investigation which shall also include investigation of  reports  and
statements  made  or  failed to be made by the complainant and any poli-
tical committee supporting his candidacy if the complainant is a  candi-
date  or,  if  the complaint was made by an officer or member of a poli-

S. 6355--D                         27                         A. 8555--D

tical committee, of reports and statements made or failed to be made  by
such  political committee and any candidates supported by it. [The state
board of elections, in lieu of making such an investigation, may  direct
the  appropriate board of elections to make an investigation.] THE LOCAL
BOARD SHALL REPORT THE RESULTS OF ITS INVESTIGATION TO THE  DIVISION  OF
ELECTION LAW ENFORCEMENT CHIEF ENFORCEMENT COUNSEL WITHIN NINETY DAYS OF
THE  START  OF  SUCH  INVESTIGATION.   THE CHIEF ENFORCEMENT COUNSEL MAY
DIRECT THE LOCAL BOARD OF ELECTIONS AT ANY TIME TO SUSPEND ITS  INVESTI-
GATION  SO THAT THE DIVISION OF ELECTION LAW ENFORCEMENT CAN INVESTIGATE
THE MATTER.
  (B) The [state board  of  elections]  CHIEF  ENFORCEMENT  COUNSEL  may
request,  and  shall  receive, the assistance of the state police in any
investigation it shall conduct.
  3. [If, after an investigation, the state or other board of  elections
finds  reasonable  cause to believe that a violation warranting criminal
prosecution has taken place, it shall forthwith refer the matter to  the
district  attorney of the appropriate county and shall make available to
such district attorney all relevant  papers,  documents,  testimony  and
findings relevant to its investigation.
  4.  The  state  or  other  board  of elections may, where appropriate,
commence a judicial proceeding with respect to the filing or failure  to
file  any  statement  of receipts, expenditures, or contributions, under
the provisions of this chapter, and the state  board  of  elections  may
direct  the  appropriate  other  board  of  elections  to  commence such
proceeding.
  5.] UPON RECEIPT OF A COMPLAINT AND  SUPPORTING  INFORMATION  ALLEGING
ANY  VIOLATION  OF  THIS CHAPTER, OR UPON HIS OR HER OWN INITIATIVE, THE
CHIEF ENFORCEMENT COUNSEL SHALL DETERMINE IF AN INVESTIGATION SHOULD  BE
UNDERTAKEN.  THE  CHIEF  ENFORCEMENT COUNSEL SHALL, IF NECESSARY, OBTAIN
ADDITIONAL INFORMATION FROM THE COMPLAINANT OR  FROM  OTHER  SOURCES  TO
ASSIST  SUCH  COUNSEL  IN MAKING THIS DETERMINATION. SUCH ANALYSIS SHALL
INCLUDE THE FOLLOWING: FIRST, WHETHER THE ALLEGATIONS,  IF  TRUE,  WOULD
CONSTITUTE  A VIOLATION OF THIS CHAPTER AND, SECOND, WHETHER THE ALLEGA-
TIONS ARE SUPPORTED BY CREDIBLE EVIDENCE. THE CHIEF ENFORCEMENT  COUNSEL
MAY  AT ANY TIME ASK THAT THE BOARD AUTHORIZE HIM OR HER TO EXERCISE THE
POWERS WHICH THE BOARD IS OTHERWISE AUTHORIZED TO EXERCISE  PURSUANT  TO
SUBDIVISIONS  FIVE  AND  SIX  OF SECTION 3-102 OF THIS TITLE.  THE BOARD
SHALL VOTE ON WHETHER TO GRANT OR REFUSE  TO  GRANT  SUCH  AUTHORITY  NO
LATER  THAN  TWENTY  DAYS AFTER THE CHIEF ENFORCEMENT COUNSEL MAKES SUCH
REQUEST.  FOR PURPOSES OF CONSIDERING AND VOTING ON  SUCH  REQUEST,  THE
CHIEF  ENFORCEMENT  COUNSEL  SHALL  BE  ENTITLED  TO  PARTICIPATE IN ALL
MATTERS RELATED THERETO AND  SHALL  VOTE  ON  THE  BOARD'S  GRANTING  OR
REFUSAL  TO  GRANT  SUCH  REQUEST  ONLY WHEN THERE IS A TIE.  SHOULD THE
BOARD NOT VOTE ON SUCH REQUEST WITHIN TWENTY DAYS OF ITS SUBMISSION,  OR
GRANT  THE  CHIEF  ENFORCEMENT  COUNSEL'S REQUEST, THE CHIEF ENFORCEMENT
COUNSEL SHALL BE SO EMPOWERED TO ACT PURSUANT TO SUBDIVISIONS  FIVE  AND
SIX OF SECTION 3-102 OF THIS TITLE.
  4.  IF  THE CHIEF ENFORCEMENT COUNSEL DETERMINES THAT THE ALLEGATIONS,
IF TRUE, WOULD NOT CONSTITUTE A VIOLATION OF THIS CHAPTER  OR  THAT  THE
ALLEGATIONS  ARE  NOT  SUPPORTED  BY  CREDIBLE EVIDENCE, HE OR SHE SHALL
ISSUE A LETTER FORTHWITH TO THE COMPLAINANT DISMISSING THE COMPLAINT AND
NOTICE TO THE BOARD.
  5. (A) IF, AN INDIVIDUAL  HAS  FAILED  TO  CURE  PURSUANT  TO  SECTION
3-104-A  OF THIS TITLE, OR THE CHIEF ENFORCEMENT COUNSEL DETERMINES THAT
SUBSTANTIAL REASON EXISTS TO BELIEVE THAT A  PERSON,  ACTING  AS  OR  ON
BEHALF  OF A CANDIDATE OR POLITICAL COMMITTEE UNDER CIRCUMSTANCES EVINC-

S. 6355--D                         28                         A. 8555--D

ING AN INTENT TO VIOLATE SUCH LAW THAT DOES NOT OTHERWISE WARRANT CRIMI-
NAL PROSECUTION, OR HAS UNLAWFULLY VIOLATED ANY PROVISION OF THIS  CHAP-
TER,  THE  BOARD SHALL ASSIGN A HEARING OFFICER, RANDOMLY FROM A LIST OF
PROSPECTIVE  HEARING OFFICERS EACH OF WHOM SHALL HAVE BEEN APPROVED BY A
MAJORITY VOTE OF THE BOARD.  THE CHIEF ENFORCEMENT COUNSEL SHALL PROVIDE
A WRITTEN REPORT TO SUCH HEARING OFFICER AS TO: (1) WHETHER  SUBSTANTIAL
REASON  EXISTS  TO BELIEVE A VIOLATION OF THIS CHAPTER HAS OCCURRED AND,
IF SO, THE NATURE OF THE VIOLATION AND ANY APPLICABLE PENALTY, BASED  ON
THE  NATURE  OF THE VIOLATION; (2) WHETHER THE MATTER SHOULD BE RESOLVED
EXTRA-JUDICIALLY;  AND  (3)  WHETHER  A  SPECIAL  PROCEEDING  SHOULD  BE
COMMENCED  IN  THE SUPREME COURT TO RECOVER A CIVIL PENALTY. THE HEARING
OFFICER SHALL MAKE FINDINGS OF FACT AND CONCLUSIONS OF LAW  BASED  ON  A
PREPONDERANCE  OF THE EVIDENCE AS TO WHETHER A VIOLATION HAS BEEN ESTAB-
LISHED AND, IF SO, WHO IS GUILTY OF SUCH VIOLATION ON NOTICE TO AND WITH
AN OPPORTUNITY FOR THE INDIVIDUAL OR ENTITY ACCUSED OF ANY VIOLATIONS TO
BE HEARD.  HOWEVER, IF THE HEARING OFFICER FINDS THAT  ON  BALANCE,  THE
EQUITIES  FAVOR  A DISMISSAL OF THE COMPLAINT, THE HEARING OFFICER SHALL
DISMISS THE  CHARGES.  IN  DETERMINING  WHETHER  THE  EQUITIES  FAVOR  A
DISMISSAL, THE HEARING OFFICER SHALL CONSIDER THE FOLLOWING FACTORS: (1)
WHETHER THE COMPLAINT ALLEGES A DE MINIMIS VIOLATION OF ARTICLE FOURTEEN
OF  THIS  CHAPTER;  (2)  WHETHER THE SUBJECT OF THE COMPLAINT HAS MADE A
GOOD FAITH EFFORT TO CORRECT THE VIOLATION; AND (3) WHETHER THE  SUBJECT
OF  THE  COMPLAINT HAS A HISTORY OF SIMILAR VIOLATIONS.  FOR PURPOSES OF
MAKING ANY SUCH FINDINGS UNDER THIS SUBDIVISION, PROCEEDINGS BEFORE  THE
HEARING OFFICER SHALL BE GOVERNED BY ARTICLE THREE OF THE STATE ADMINIS-
TRATIVE  PROCEDURE  ACT.   THE CHIEF ENFORCEMENT COUNSEL SHALL ADOPT THE
REPORT OF THE HEARING  OFFICER  AND  MAY,  IN  HIS  OR  HER  DISCRETION,
COMMENCE  A SPECIAL PROCEEDING IN THE SUPREME COURT PURSUANT TO SECTIONS
16-100, 16-114 AND 16-116 OF THIS CHAPTER SHOULD THE  FINDINGS  OF  FACT
AND  CONCLUSIONS  OF  LAW SUPPORT THE COMMENCEMENT OF SUCH PROCEEDING OR
ENTER INTO AN AGREEMENT TO SETTLE SUCH MATTER WITH THE  SUBJECT  OF  THE
COMPLAINT.  IN  THE  EVENT  THE  CHIEF  ENFORCEMENT  COUNSEL COMMENCES A
SPECIAL PROCEEDING, THE COURT SHALL AFFORD THE SUBJECT OF THE  COMPLIANT
AN  OPPORTUNITY  TO BE HEARD AND SHALL BE EMPOWERED TO ACCEPT, REJECT OR
MODIFY THE FINDINGS OF FACT AND CONCLUSIONS OF LAW MADE BY  THE  HEARING
OFFICER.  IF THE BOARD FAILS TO PRODUCE A LIST OF ELIGIBLE HEARING OFFI-
CERS, THE CHIEF ENFORCEMENT COUNSEL MAY COMMENCE A SPECIAL PROCEEDING AS
PROVIDED  HEREIN  IN  ACCORDANCE WITH RECOMMENDATIONS MADE IN HIS OR HER
REPORT.
  (B) IF THE CHIEF ENFORCEMENT COUNSEL DETERMINES THAT REASONABLE  CAUSE
EXISTS  TO BELIEVE A VIOLATION WARRANTING CRIMINAL PROSECUTION HAS TAKEN
PLACE, THE CHIEF ENFORCEMENT COUNSEL SHALL PRESENT SUCH FINDINGS TO  THE
BOARD.  WITHIN  THIRTY  DAYS OF SUCH SUBMISSION, THE BOARD SHALL VOTE ON
WHETHER TO ACCEPT OR REJECT SUCH FINDINGS. FOR  PURPOSES  OF  VOTING  ON
ACCEPTANCE  OR  REJECTION  OF FINDINGS BY THE CHIEF ENFORCEMENT COUNSEL,
THE CHIEF ENFORCEMENT COUNSEL SHALL BE ENTITLED TO  PARTICIPATE  IN  ALL
MATTERS RELATED TO THE REVIEW OF HIS OR HER REPORT AND SHALL VOTE ON ITS
ACCEPTANCE OR REJECTION ONLY WHEN THERE IS A TIE.  SHOULD THE BOARD FAIL
TO  VOTE  TO  EITHER ACCEPT OR REJECT THE FINDINGS WITHIN THIRTY DAYS OF
SUBMISSION OF SUCH FINDINGS, OR SHOULD THE BOARD ACCEPT THE FINDINGS  BY
THE  CHIEF ENFORCEMENT COUNSEL THAT THERE IS REASONABLE CAUSE TO BELIEVE
THAT A VIOLATION WARRANTING CRIMINAL PROSECUTION HAS  TAKEN  PLACE,  THE
CHIEF  ENFORCEMENT  COUNSEL  SHALL, FORTHWITH, AND IN ANY EVENT NO LATER
THAN SEVEN CALENDAR DAYS OF SUCH FAILURE TO ACCEPT OR REJECT  THE  FIND-
INGS BY THE BOARD, REFER SUCH MATTER TO THE ATTORNEY GENERAL OR DISTRICT

S. 6355--D                         29                         A. 8555--D

ATTORNEY  WITH  JURISDICTION  OVER  SUCH  MATTER  TO COMMENCE A CRIMINAL
ACTION AS SUCH TERM IS DEFINED IN THE CRIMINAL PROCEDURE LAW.
  6. UPON NOTIFICATION THAT A SPECIAL PROCEEDING HAS BEEN COMMENCED BY A
PARTY  OTHER  THAN  THE  STATE  BOARD  OF ELECTIONS, PURSUANT TO SECTION
16-114 OF THIS CHAPTER, THE CHIEF ENFORCEMENT COUNSEL SHALL  INVESTIGATE
THE ALLEGED VIOLATIONS UNLESS OTHERWISE DIRECTED BY THE COURT.
  7. THE CHIEF ENFORCEMENT COUNSEL SHALL PREPARE A REPORT TO BE INCLUDED
IN  THE  ANNUAL  REPORT OF THE BOARD TO THE GOVERNOR, THE STATE BOARD OF
ELECTIONS AND LEGISLATURE, SUMMARIZING THE ACTIVITIES OF THE UNIT DURING
THE PREVIOUS YEAR.
  8. The state board of elections may promulgate rules  and  regulations
consistent with law to effectuate the provisions of this section.
  S  5.  The  election law is amended by adding a new section 3-104-a to
read as follows:
  S 3-104-A. COMPLIANCE UNIT; COMPLIANCE PROCEDURES. 1. THERE SHALL BE A
COMPLIANCE UNIT WITHIN THE BOARD OF ELECTIONS. THE COMPLIANCE UNIT SHALL
EXAMINE CAMPAIGN FINANCE STATEMENTS REQUIRED TO  BE  FILED  PURSUANT  TO
ARTICLE  FOURTEEN  OF  THIS  CHAPTER. IF SUCH STATEMENTS ARE FOUND TO BE
DEFICIENT, THE COMPLIANCE UNIT SHALL NOTIFY THE PERSON REQUIRED TO  FILE
SUCH  STATEMENT  OF SUCH DEFICIENCY. SUCH NOTICE SHALL BE IN WRITING AND
MAILED TO THE LAST KNOWN RESIDENCE OR BUSINESS ADDRESS OF SUCH PERSON BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED. IF THE PERSON REQUIRED TO FILE
SUCH STATEMENT IS A TREASURER WHO HAS STATED THAT THE COMMITTEE HAS BEEN
AUTHORIZED BY ONE OR MORE CANDIDATES, A COPY OF  SUCH  NOTICE  SHALL  BE
SENT TO EACH CANDIDATE BY FIRST CLASS MAIL.
  2. UPON A FAILURE TO REMEDY THE DEFICIENCIES IDENTIFIED BY THE COMPLI-
ANCE  UNIT  WITHIN  THIRTY  DAYS OF THE RECEIPT OF SUCH NOTICE THE CHIEF
ENFORCEMENT COUNSEL MAY PROCEED PURSUANT TO SUBDIVISION FIVE OF  SECTION
3-104 OF THIS TITLE. IF SUCH NOTICE IS RECEIVED WITHIN THIRTY DAYS OF AN
ELECTION,  FAILURE  TO  REMEDY  THE DEFICIENCIES IDENTIFIED WITHIN SEVEN
DAYS OF THE RECEIPT OF SUCH NOTICE THE  CHIEF  ENFORCEMENT  COUNSEL  MAY
PROCEED PURSUANT TO SUBDIVISION FIVE OF SECTION 3-104 OF THIS TITLE.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                SUBPART C

  Section 1. Section 14-100 of the election law  is  amended  by  adding
three new subdivisions 12, 13 and 14 to read as follows:
  12. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT:
  (A) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
  (B) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
  (C)  THE  IDENTITY  OF THE CANDIDATE IS APPARENT BY UNAMBIGUOUS REFER-
ENCE.
  13. "GENERAL PUBLIC AUDIENCE" MEANS AN AUDIENCE COMPOSED OF MEMBERS OF
THE PUBLIC, INCLUDING A TARGETED SUBGROUP  OF  MEMBERS  OF  THE  PUBLIC;
PROVIDED,  HOWEVER,  IT  DOES  NOT  MEAN AN AUDIENCE SOLELY COMPRISED OF
MEMBERS, RETIREES AND STAFF OF A LABOR ORGANIZATION OR MEMBERS OF  THEIR
HOUSEHOLDS  OR  AN  AUDIENCE  SOLELY  COMPRISED OF EMPLOYEES OF A CORPO-
RATION, UNINCORPORATED BUSINESS ENTITY OR MEMBERS OF A  BUSINESS,  TRADE
OR PROFESSIONAL ASSOCIATION OR ORGANIZATION.
  14.  "LABOR  ORGANIZATION"  MEANS  ANY  ORGANIZATION OF ANY KIND WHICH
EXISTS FOR THE PURPOSE, IN WHOLE OR IN PART, OF  REPRESENTING  EMPLOYEES
EMPLOYED  WITHIN  THE  STATE  OF  NEW  YORK IN DEALING WITH EMPLOYERS OR
EMPLOYER ORGANIZATIONS OR WITH A STATE GOVERNMENT, OR ANY  POLITICAL  OR
CIVIL  SUBDIVISION  OR OTHER AGENCY THEREOF, CONCERNING TERMS AND CONDI-

S. 6355--D                         30                         A. 8555--D

TIONS OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS  INCI-
DENTAL TO THE EMPLOYMENT RELATIONSHIP. FOR THE PURPOSES OF THIS ARTICLE,
EACH  LOCAL,  PARENT  NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF A
STATEWIDE  LABOR  ORGANIZATION,  AND EACH STATEWIDE FEDERATION RECEIVING
DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE
LABOR ORGANIZATION.
  S 2. Intentionally omitted.
  S 3. Section 14-106 of the election law, as amended by  section  2  of
part  E  of  chapter  399  of  the  laws  of 2011, is amended to read as
follows:
  S 14-106. Political communication. The statements required to be filed
under the provisions of this article next succeeding a primary,  general
or  special  election  shall  be accompanied by a copy of all broadcast,
cable or satellite schedules and  scripts,  internet,  print  and  other
types   of  advertisements,  pamphlets,  circulars,  flyers,  brochures,
letterheads and other printed matter purchased or produced, AND  REPROD-
UCTIONS  OF  STATEMENTS OR INFORMATION PUBLISHED TO FIVE HUNDRED OR MORE
MEMBERS OF A GENERAL PUBLIC AUDIENCE BY  COMPUTER  OR  OTHER  ELECTRONIC
DEVICE  INCLUDING  BUT  NOT  LIMITED TO ELECTRONIC MAIL OR TEXT MESSAGE,
purchased in connection with such election by or under the authority  of
the  person filing the statement or the committee or the person on whose
behalf it is filed, as the case  may  be.  Such  copies,  schedules  and
scripts  shall  be  preserved by the officer with whom or the board with
which it is required to be filed for a period of one year from the  date
of filing thereof.
  S  4.  The  election  law is amended by adding a new section 14-107 to
read as follows:
  S 14-107. INDEPENDENT EXPENDITURE REPORTING. 1. FOR PURPOSES  OF  THIS
ARTICLE:
  (A)  "INDEPENDENT  EXPENDITURE"  MEANS AN EXPENDITURE MADE BY A PERSON
CONVEYED TO FIVE HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC AUDIENCE IN
THE FORM OF (I) AN AUDIO OR VIDEO COMMUNICATION VIA BROADCAST, CABLE  OR
SATELLITE,  (II)  A WRITTEN COMMUNICATION VIA ADVERTISEMENTS, PAMPHLETS,
CIRCULARS, FLYERS,  BROCHURES,  LETTERHEADS  OR  (III)  OTHER  PUBLISHED
STATEMENTS  WHICH:  (I) IRRESPECTIVE OF WHEN SUCH COMMUNICATION IS MADE,
CONTAINS WORDS SUCH AS "VOTE," "OPPOSE," "SUPPORT,"  "ELECT,"  "DEFEAT,"
OR  "REJECT," WHICH CALL FOR THE ELECTION OR DEFEAT OF THE CLEARLY IDEN-
TIFIED CANDIDATE, OR (II) REFERS TO  AND  ADVOCATES  FOR  OR  AGAINST  A
CLEARLY  IDENTIFIED  CANDIDATE  OR  BALLOT  PROPOSAL ON OR AFTER JANUARY
FIRST OF THE YEAR OF THE ELECTION IN WHICH  SUCH  CANDIDATE  IS  SEEKING
OFFICE  OR  SUCH  PROPOSAL  SHALL APPEAR ON THE BALLOT.   AN INDEPENDENT
EXPENDITURE SHALL NOT INCLUDE COMMUNICATIONS WHERE SUCH  CANDIDATE,  THE
CANDIDATE'S  POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL COMMITTEE
FORMED TO PROMOTE THE SUCCESS OR DEFEAT OF  A  BALLOT  PROPOSAL  OR  ITS
AGENTS,  DID  AUTHORIZE,  REQUEST,  SUGGEST, FOSTER OR COOPERATE IN SUCH
COMMUNICATION.
  (B) INDEPENDENT EXPENDITURES DO NOT INCLUDE EXPENDITURES IN CONNECTION
WITH:
  (I) A WRITTEN NEWS STORY, COMMENTARY, OR EDITORIAL OR  A  NEWS  STORY,
COMMENTARY,  OR  EDITORIAL  DISTRIBUTED  THROUGH  THE  FACILITIES OF ANY
BROADCASTING STATION, CABLE OR  SATELLITE  UNLESS  SUCH  PUBLICATION  OR
FACILITIES  ARE  OWNED  OR  CONTROLLED BY ANY POLITICAL PARTY, POLITICAL
COMMITTEE OR CANDIDATE; OR
  (II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
  (III) INTERNAL COMMUNICATION BY MEMBERS TO OTHER MEMBERS OF A  MEMBER-
SHIP ORGANIZATION OF NOT MORE THAN FIVE HUNDRED MEMBERS, FOR THE PURPOSE

S. 6355--D                         31                         A. 8555--D

OF SUPPORTING OR OPPOSING A CANDIDATE OR CANDIDATES FOR ELECTIVE OFFICE,
PROVIDED  SUCH EXPENDITURES ARE NOT USED FOR THE COSTS OF CAMPAIGN MATE-
RIAL OR COMMUNICATIONS USED IN CONNECTION WITH  BROADCASTING,  TELECAST-
ING, NEWSPAPERS, MAGAZINES, OR OTHER PERIODICAL PUBLICATION, BILLBOARDS,
OR SIMILAR TYPES OF GENERAL PUBLIC COMMUNICATIONS; OR
  (IV)  A  COMMUNICATION  PUBLISHED ON THE INTERNET, UNLESS THE COMMUNI-
CATION IS A PAID ADVERTISEMENT.
  (C) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON,
GROUP OF PERSONS, CORPORATION,  UNINCORPORATED  BUSINESS  ENTITY,  LABOR
ORGANIZATION OR BUSINESS, TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZA-
TION, OR POLITICAL COMMITTEE.
  2.  WHENEVER  ANY  PERSON  MAKES AN INDEPENDENT EXPENDITURE THAT COSTS
MORE THAN ONE THOUSAND DOLLARS  IN  THE  AGGREGATE,  SUCH  COMMUNICATION
SHALL  CLEARLY  STATE  THE NAME OF THE PERSON WHO PAID FOR, OR OTHERWISE
PUBLISHED OR DISTRIBUTED THE COMMUNICATION AND STATE,  WITH  RESPECT  TO
COMMUNICATIONS  REGARDING  CANDIDATES,  THAT  THE  COMMUNICATION WAS NOT
EXPRESSLY AUTHORIZED OR REQUESTED BY ANY CANDIDATE,  OR  BY  ANY  CANDI-
DATE'S POLITICAL COMMITTEE OR ANY OF ITS AGENTS.
  3.  (A)  ANY  PERSON PRIOR TO MAKING ANY INDEPENDENT EXPENDITURE SHALL
FIRST REGISTER WITH THE STATE BOARD OF ELECTIONS AS A POLITICAL  COMMIT-
TEE  IN CONFORMANCE WITH THIS ARTICLE. SUCH PERSON SHALL COMPLY WITH ALL
DISCLOSURE OBLIGATIONS REQUIRED FOR POLITICAL COMMITTEES BY LAW.
  (B) ANY PERSON WHO HAS REGISTERED WITH THE STATE  BOARD  OF  ELECTIONS
PURSUANT  TO  PARAGRAPH  (A)  OF  THIS SUBDIVISION SHALL DISCLOSE TO THE
STATE BOARD OF ELECTIONS ELECTRONICALLY,  ONCE  A  WEEK  ON  FRIDAY  ANY
CONTRIBUTION TO SUCH PERSON OVER ONE THOUSAND DOLLARS OR EXPENDITURES BY
SUCH  PERSON OVER FIVE THOUSAND DOLLARS MADE PRIOR TO THIRTY DAYS BEFORE
ANY PRIMARY, GENERAL, OR SPECIAL ELECTION.
  (C) ANY PERSON WHO HAS REGISTERED WITH THE STATE  BOARD  OF  ELECTIONS
PURSUANT  TO  PARAGRAPH  (A)  OF  THIS SUBDIVISION SHALL DISCLOSE TO THE
STATE BOARD OF ELECTIONS ELECTRONICALLY,  WITHIN  TWENTY-FOUR  HOURS  OF
RECEIPT,  ANY  CONTRIBUTION  TO SUCH PERSON OVER ONE THOUSAND DOLLARS OR
EXPENDITURE BY SUCH PERSON OVER FIVE THOUSAND DOLLARS MADE WITHIN THIRTY
DAYS BEFORE ANY PRIMARY, GENERAL, OR SPECIAL ELECTION.
  (D) A KNOWING AND WILLFUL VIOLATION OF THE PROVISIONS OF THIS SUBDIVI-
SION SHALL SUBJECT THE PERSON TO A CIVIL PENALTY EQUAL TO FIVE  THOUSAND
DOLLARS  OR  THE  COST  OF THE COMMUNICATION, WHICHEVER IS GREATER, IN A
SPECIAL PROCEEDING OR CIVIL ACTION  BROUGHT  BY  THE  BOARD  OR  IMPOSED
DIRECTLY BY THE BOARD OF ELECTIONS.
  4. THE DISCLOSURES REQUIRED BY SUBDIVISION THREE OF THIS SECTION SHALL
INCLUDE, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY LAW:
  (A)  THE  NAME,  ADDRESS, OCCUPATION AND EMPLOYER OF THE PERSON MAKING
THE STATEMENT;
  (B) THE NAME, ADDRESS, OCCUPATION AND EMPLOYER OF  THE  PERSON  MAKING
THE INDEPENDENT EXPENDITURE;
  (C) THE NAME, ADDRESS, OCCUPATION AND EMPLOYER OF ANY PERSON PROVIDING
A  CONTRIBUTION,  GIFT, LOAN, ADVANCE OR DEPOSIT OF ONE THOUSAND DOLLARS
OR MORE FOR THE INDEPENDENT EXPENDITURE, OR THE  PROVISION  OF  SERVICES
FOR THE SAME, AND THE DATE IT WAS GIVEN;
  (D)  THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE, THE NAME
AND ADDRESS OF THE PERSON OR ENTITY RECEIVING THE PAYMENT, THE DATE  THE
PAYMENT WAS MADE AND A DESCRIPTION OF THE INDEPENDENT EXPENDITURE; AND
  (E) THE ELECTION TO WHICH THE INDEPENDENT EXPENDITURE PERTAINS AND THE
NAME  OF  THE CLEARLY IDENTIFIED CANDIDATE OR THE BALLOT PROPOSAL REFER-
ENCED.

S. 6355--D                         32                         A. 8555--D

  5. A COPY OF ALL POLITICAL COMMUNICATIONS PAID FOR BY THE  INDEPENDENT
EXPENDITURE,  INCLUDING BUT NOT LIMITED TO BROADCAST, CABLE OR SATELLITE
SCHEDULES AND SCRIPTS,  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,  FLYERS,
BROCHURES, LETTERHEADS AND OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION  CONVEYED  TO  ONE  THOUSAND  OR MORE MEMBERS OF A GENERAL PUBLIC
AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES SHALL BE FILED WITH THE
STATE BOARD OF ELECTIONS WITH THE STATEMENTS REQUIRED BY THIS SECTION.
  6. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL
BE FILED ELECTRONICALLY WITH THE STATE BOARD OF ELECTIONS.
  7. THE STATE BOARD OF  ELECTIONS  SHALL  PROMULGATE  REGULATIONS  WITH
RESPECT TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL
PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
  S 5. Intentionally omitted.
  S  6.  Section  14-126 of the election law, as amended by section 3 of
part E of chapter 399 of the  laws  of  2011,  is  amended  to  read  as
follows:
  S 14-126. Violations; penalties. 1. (A) Any person who fails to file a
statement  required  to  be  filed by this article shall be subject to a
civil penalty, not in excess of one thousand dollars, to be  recoverable
in  a  special  proceeding  or  civil action to be brought by the [state
board of elections or other board of elections] CHIEF ENFORCEMENT  COUN-
SEL.   Any person who, three or more times within a given election cycle
for such term of  office,  fails  to  file  a  statement  or  statements
required to be filed by this article, shall be subject to a civil penal-
ty, not in excess of ten thousand dollars, to be recoverable as provided
for in this subdivision.
  (B)  ALL PAYMENTS RECEIVED BY THE STATE BOARD OF ELECTIONS PURSUANT TO
THIS SECTION SHALL BE RETAINED IN THE APPROPRIATE ACCOUNTS AS DESIGNATED
BY THE DIVISION OF THE BUDGET FOR ENFORCEMENT ACTIVITIES BY THE BOARD OF
ELECTIONS.
  2. Any person who, acting as or on behalf of a candidate or  political
committee,  under  circumstances evincing an intent to violate such law,
unlawfully accepts a contribution in excess of a contribution limitation
established in this article, shall be required  to  refund  such  excess
amount  and  shall  be  subject  to  a civil penalty equal to the excess
amount plus a fine of up to ten thousand dollars, to be recoverable in a
special proceeding or civil action to be brought by the state  board  of
elections CHIEF ENFORCEMENT COUNSEL.
  3.  ANY  PERSON  WHO FALSELY IDENTIFIES OR KNOWINGLY FAILS TO IDENTIFY
ANY INDEPENDENT EXPENDITURE AS REQUIRED BY SUBDIVISION  TWO  OF  SECTION
14-107  OF  THIS  ARTICLE  SHALL BE SUBJECT TO A CIVIL PENALTY UP TO ONE
THOUSAND DOLLARS OR UP TO THE COST OF THE  COMMUNICATION,  WHICHEVER  IS
GREATER,  IN  A  SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE
BOARD OF ELECTIONS CHIEF ENFORCEMENT COUNSEL OR IMPOSED DIRECTLY BY  THE
STATE  BOARD  OF ELECTIONS.   FOR PURPOSES OF THIS SUBDIVISION, THE TERM
"PERSON" SHALL MEAN A PERSON, GROUP OF PERSONS, CORPORATION,  UNINCORPO-
RATED  BUSINESS ENTITY, LABOR ORGANIZATION OR BUSINESS, TRADE OR PROFES-
SIONAL ASSOCIATION OR ORGANIZATION OR POLITICAL COMMITTEE.
  [3.] 4. Any person who knowingly and willfully fails to file a  state-
ment required to be filed by this article within ten days after the date
provided for filing such statement or any person who knowingly and will-
fully  violates any other provision of this article shall be guilty of a
misdemeanor.
  [4.] 5. Any person who knowingly and willfully contributes, accepts or
aids or participates in the acceptance of a contribution  in  an  amount

S. 6355--D                         33                         A. 8555--D

exceeding an applicable maximum specified in this article shall be guil-
ty of a CLASS A misdemeanor.
  [5.] 6. Any person who shall, acting on behalf of a candidate or poli-
tical committee, knowingly and willfully solicit, organize or coordinate
the formation of activities of one or more unauthorized committees, make
expenditures  in connection with the nomination for election or election
of any candidate, or solicit any person to make any  such  expenditures,
for the purpose of evading the contribution limitations of this article,
shall be guilty of a class E felony.
  S  7.  This act shall take effect June 1, 2014 provided that the board
of elections may promulgate such regulations  as  may  be  necessary  to
effectuate this act immediately.

                                SUBPART D

  Section  1.  The  article heading of article 14 of the election law is
amended to read as follows:
  [Campaign Receipts and Expenditures] CAMPAIGN  RECEIPTS  AND  EXPENDI-
TURES; MATCHING FINANCING
  S  2. Sections 14-100 through 14-130 of article 14 of the election law
are designated title I and a new title  heading  is  added  to  read  as
follows:
                   CAMPAIGN RECEIPTS AND EXPENDITURES
  S  3.  Article 14 of the election law is amended by adding a new title
II to read as follows:
                                TITLE II
                           MATCHING FINANCING
SECTION 14-200. DEFINITIONS.
        14-201. REPORTING REQUIREMENTS.
        14-202. CONTRIBUTION LIMITS.
        14-203. PROOF OF COMPLIANCE.
        14-204. ELIGIBILITY.
        14-205. LIMITS ON MATCHING FINANCING.
        14-206. PAYMENT OF  MATCHING FUNDS.
        14-207. USE OF MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDITURES.
        14-208. POWERS AND DUTIES OF BOARD.
        14-209. AUDITS AND REPAYMENTS.
        14-210. ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS  AND  OTHER
                  PROCEEDINGS.
        14-211. REPORTS.
        14-212. DEBATES FOR CANDIDATES FOR COMPTROLLER.
        14-213. SEVERABILITY.
  S  14-200. DEFINITIONS.  FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. THE TERM "AUTHORIZED COMMITTEE" SHALL  MEAN  THE  SINGLE  COMMITTEE
DESIGNATED  BY  A  CANDIDATE PURSUANT TO SECTION 14-201 OF THIS TITLE TO
RECEIVE CONTRIBUTIONS AND MAKE EXPENDITURES IN  SUPPORT  OF  THE  CANDI-
DATE'S CAMPAIGN.
  2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
  3.  THE  TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS APPEARS IN
SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
  4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A
CONTRIBUTION.
  5. THE TERM "COVERED ELECTION"  SHALL  MEAN  ANY  PRIMARY  OR  GENERAL
ELECTION  FOR  NOMINATION  FOR  ELECTION,  OR ELECTION, TO THE OFFICE OF
STATE COMPTROLLER.

S. 6355--D                         34                         A. 8555--D

  6. THE TERM "ELECTION CYCLE" SHALL MEAN THE FOUR YEAR PERIOD  STARTING
AFTER  THE DAY AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATE-
WIDE OFFICE.
  7.  THE TERM "EXPENDITURE" SHALL MEAN ANY GIFT, SUBSCRIPTION, ADVANCE,
PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE
ANY GIFT, SUBSCRIPTION, PAYMENT, OR DEPOSIT  OF  MONEY  OR  ANYTHING  OF
VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION,
OF  ANY  CANDIDATE.   EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN
SUCH FUNDS ARE OBLIGATED.
  8. THE TERM "FUND" SHALL MEAN THE  NEW  YORK  STATE  CAMPAIGN  FINANCE
FUND.
  9.  THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, DOMESTIC PARTNER,
CHILD, SIBLING OR PARENT.
  10. THE TERM "INTERMEDIARY" SHALL  MEAN  AN  INDIVIDUAL,  CORPORATION,
PARTNERSHIP,  POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY
WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB-
UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMIT-
TEE, OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL,  DELIVERY
OR  MESSENGER SERVICE.   PROVIDED, HOWEVER, THAT AN "INTERMEDIARY" SHALL
NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF
THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF MEMBER  OR  VOLUNTEER  OF
THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. HERE
"CAUSES  TO  BE DELIVERED" SHALL INCLUDE PROVIDING POSTAGE, ENVELOPES OR
OTHER SHIPPING MATERIALS FOR THE USE OF DELIVERING THE  CONTRIBUTION  TO
THE ULTIMATE RECIPIENT.
  11.  THE  TERM  "ITEM  WITH  SIGNIFICANT INTRINSIC AND ENDURING VALUE"
SHALL MEAN ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE  VALUED  AT
TWENTY-FIVE DOLLARS OR MORE.
  12.  (A)  THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN A CONTRIBUTION,
CONTRIBUTIONS OR A PORTION OF A CONTRIBUTION OR  CONTRIBUTIONS  FOR  ANY
COVERED  ELECTIONS  HELD  IN  THE SAME ELECTION CYCLE, MADE BY A NATURAL
PERSON WHO IS A RESIDENT IN THE STATE OF NEW  YORK  TO  A  PARTICIPATING
CANDIDATE,  THAT  HAS  BEEN  REPORTED IN FULL TO THE BOARD IN ACCORDANCE
WITH SECTIONS 14-102 AND 14-104  OF  THIS  ARTICLE  BY  THE  CANDIDATE'S
AUTHORIZED  COMMITTEE  AND  HAS BEEN CONTRIBUTED ON OR BEFORE THE DAY OF
THE APPLICABLE ELECTION. ANY CONTRIBUTION, CONTRIBUTIONS, OR  A  PORTION
OF  A  CONTRIBUTION  DETERMINED  TO BE INVALID FOR MATCHING FUNDS BY THE
BOARD MAY NOT BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
  (B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
  (I) LOANS;
  (II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
  (III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
  (IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
  (V) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEM-
IZED AS REQUIRED BY SECTION 14-201 OF THIS TITLE;
  (VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
  (VII) ILLEGAL CONTRIBUTIONS;
  (VIII) CONTRIBUTIONS FROM PERSONS UNDER EIGHTEEN;
  (IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND
  (X) CONTRIBUTIONS FROM LOBBYISTS REGISTERED  PURSUANT  TO  SUBDIVISION
(A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
  13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
COVERED  ELECTION  WHO FAILS TO FILE A WRITTEN CERTIFICATION IN THE FORM
OF AN AFFIDAVIT UNDER SECTION 14-204 OF THIS  TITLE  BY  THE  APPLICABLE
DEADLINE.

S. 6355--D                         35                         A. 8555--D

  14.  THE  TERM  "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR
NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF STATE COMPTROLLER
WHO FILES A WRITTEN CERTIFICATION IN THE FORM OF AN  AFFIDAVIT  PURSUANT
TO SECTION 14-204 OF THIS TITLE.
  15.  THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE SIX MONTHS FOLLOW-
ING THE TWO THOUSAND FOURTEEN COMPTROLLER ELECTION WHEN A  CANDIDATE  IS
SUBJECT TO AN AUDIT.
  16.  THE  TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDI-
TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED.
  17. THE TERM "THRESHOLD FOR ELIGIBILITY"  SHALL  MEAN  THE  AMOUNT  OF
MATCHABLE  CONTRIBUTIONS  THAT  A  CANDIDATE'S AUTHORIZED COMMITTEE MUST
RECEIVE IN TOTAL IN ORDER FOR SUCH CANDIDATE TO  QUALIFY  FOR  VOLUNTARY
PUBLIC FINANCING UNDER THIS TITLE.
  18.  THE  TERM  "TRANSFER"  SHALL MEAN ANY EXCHANGE OF FUNDS BETWEEN A
PARTY OR CONSTITUTED COMMITTEE AND A CANDIDATE OR  ANY  OF  HIS  OR  HER
AUTHORIZED COMMITTEES.
  S 14-201. REPORTING REQUIREMENTS. 1. ONLY ONE AUTHORIZED COMMITTEE PER
PARTICIPATING  CANDIDATE  FOR COMPTROLLER. BEFORE RECEIVING ANY CONTRIB-
UTION OR MAKING ANY EXPENDITURE FOR A COVERED ELECTION,  EACH  CANDIDATE
SHALL  NOTIFY  THE  BOARD  AS  TO THE EXISTENCE OF HIS OR HER AUTHORIZED
COMMITTEE THAT HAS BEEN APPROVED BY SUCH CANDIDATE. EACH CANDIDATE SHALL
HAVE ONE AND ONLY ONE AUTHORIZED COMMITTEE PER ELECTIVE  OFFICE  SOUGHT.
EACH  AUTHORIZED  COMMITTEE SHALL HAVE A TREASURER AND IS SUBJECT TO THE
RESTRICTIONS FOUND IN SECTION 14-112 OF THIS ARTICLE.
  2. DISCLOSURE REPORTS.  (A) DETAILED REPORTING.  EACH  AUTHORIZED  AND
POLITICAL  COMMITTEE  SHALL  REPORT  TO THE BOARD EVERY CONTRIBUTION AND
LOAN RECEIVED  AND  EVERY  EXPENDITURE  MADE  IN  THE  TIME  AND  MANNER
PRESCRIBED  BY  SECTIONS  14-102,  14-104  AND  14-108  OF THIS ARTICLE,
CONTRIBUTORS WHO MAKE CONTRIBUTIONS OF FIVE  HUNDRED  DOLLARS  OR  MORE,
EACH  AUTHORIZED  AND  POLITICAL COMMITTEE SHALL REPORT TO THE BOARD THE
OCCUPATION, AND BUSINESS ADDRESS OF EACH CONTRIBUTOR, LENDER, AND INTER-
MEDIARY.  THE RECEIPT OF ANY CONTRIBUTION OR LOAN IN EXCESS OF ONE THOU-
SAND DOLLARS SHALL BE DISCLOSED WITHIN FORTY-EIGHT HOURS OF RECEIPT, AND
SHALL BE REPORTED IN THE SAME MANNER AS ANY OTHER CONTRIBUTION  OR  LOAN
ON  THE  NEXT APPLICABLE STATEMENT.  THE BOARD SHALL REVISE, PREPARE AND
POST FORMS ON ITS WEBPAGE THAT FACILITATE COMPLIANCE WITH  THE  REQUIRE-
MENTS OF THIS SECTION.
  (B)  BOARD REVIEW. THE BOARD SHALL REVIEW EACH DISCLOSURE REPORT FILED
AND SHALL INFORM AUTHORIZED AND POLITICAL COMMITTEES OF  RELEVANT  QUES-
TIONS  IT HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS TITLE
AND OF THE RULES ISSUED BY THE BOARD; AND (II) QUALIFICATION FOR RECEIV-
ING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. IN THE COURSE OF  THIS
REVIEW,  THE  BOARD  SHALL  GIVE  AUTHORIZED AND POLITICAL COMMITTEES AN
OPPORTUNITY TO RESPOND TO AND  CORRECT  POTENTIAL  VIOLATIONS  AND  GIVE
CANDIDATES  AN  OPPORTUNITY TO ADDRESS QUESTIONS THE UNIT HAS CONCERNING
THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBIL-
ITY FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE.  NOTHING
IN  THIS  PARAGRAPH SHALL PRECLUDE THE BOARD FROM SUBSEQUENTLY REVIEWING
SUCH DISCLOSURE REPORTS AND TAKING ANY ACTION OTHERWISE AUTHORIZED UNDER
THIS TITLE.
  (C) ITEMIZATION. CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS  FILED
WITH THE BOARD SHALL NOT BE MATCHABLE.
  (D)  OPTION TO FILE MORE FREQUENTLY. PARTICIPATING CANDIDATES MAY FILE
REPORTS OF CONTRIBUTIONS AS FREQUENTLY AS ONCE A WEEK ON FRIDAY SO  THAT
THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.

S. 6355--D                         36                         A. 8555--D

  S  14-202.  CONTRIBUTION LIMITS.  RECIPIENTS OF FUNDS PURSUANT TO THIS
TITLE SHALL BE SUBJECT TO THE FOLLOWING CONTRIBUTION LIMITS:
  1. IN THE TWO THOUSAND FOURTEEN ELECTION FOR COMPTROLLER, OR FOR NOMI-
NATION  TO  SUCH  OFFICE,  NO CONTRIBUTOR MAY MAKE A CONTRIBUTION TO ANY
CANDIDATE OR POLITICAL COMMITTEE PARTICIPATING  IN  THE  STATE'S  PUBLIC
CAMPAIGN  FINANCING  SYSTEM AS DEFINED IN TITLE TWO OF THIS ARTICLE, AND
NO SUCH CANDIDATE OR POLITICAL COMMITTEE  MAY  ACCEPT  ANY  CONTRIBUTION
FROM  ANY  CONTRIBUTOR,  WHICH  IS IN THE AGGREGATE AMOUNT GREATER THAN:
(A) IN THE CASE OF ANY NOMINATION TO PUBLIC OFFICE, THE PRODUCT  OF  THE
TOTAL  NUMBER  OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE,
EXCLUDING VOTERS IN INACTIVE  STATUS,  MULTIPLIED  BY  $.005,  BUT  SUCH
AMOUNT  SHALL  BE NOT MORE THAN SIX THOUSAND DOLLARS AND (B) IN THE CASE
OF ANY ELECTION TO SUCH PUBLIC OFFICE, SIX  THOUSAND  DOLLARS;  PROVIDED
HOWEVER,  THAT  THE  MAXIMUM  AMOUNT  WHICH  MAY  BE  SO  CONTRIBUTED OR
ACCEPTED, IN THE AGGREGATE, FROM ANY CANDIDATE'S CHILD,  PARENT,  GRAND-
PARENT,  BROTHER  AND  SISTER, AND THE SPOUSE OF ANY SUCH PERSONS, SHALL
NOT EXCEED IN THE CASE OF ANY NOMINATION  TO  PUBLIC  OFFICE  AN  AMOUNT
EQUIVALENT TO THE PRODUCT OF THE NUMBER OF ENROLLED VOTERS IN THE CANDI-
DATE'S  PARTY  IN THE STATE, EXCLUDING VOTERS IN INACTIVE STATUS, MULTI-
PLIED BY $.025, AND IN THE CASE OF ANY ELECTION FOR A PUBLIC OFFICE,  AN
AMOUNT  EQUIVALENT  TO THE PRODUCT OF THE NUMBER OF REGISTERED VOTERS IN
THE STATE EXCLUDING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.025.
  2. IN THE EVENT  THAT  A  CANDIDATE  FOR  THE  TWO  THOUSAND  FOURTEEN
ELECTION  FOR  COMPTROLLER HAS RECEIVED A CONTRIBUTION WHICH EXCEEDS THE
LIMITATIONS OF THIS SUBDIVISION PRIOR TO BECOMING A PARTICIPATING CANDI-
DATE IN THE STATE'S MATCHING CAMPAIGN FINANCING  SYSTEM,  THE  CANDIDATE
SHALL  EITHER (A) DEPOSIT ANY AMOUNT IN EXCESS OF THE CONTRIBUTION LIMIT
SET FORTH IN THIS SUBDIVISION, INTO A SEGREGATED ACCOUNT WHERE IT  SHALL
NOT  BE WITHDRAWN FOR CAMPAIGN EXPENDITURES FOR ANY COMPTROLLER ELECTION
IN THE YEAR TWO THOUSAND FOURTEEN; OR (B) RETURN ANY AMOUNT IN EXCESS OF
THE CONTRIBUTION LIMIT SET FORTH IN  THIS  SECTION,  BY  BANK  CHECK  OR
CERTIFIED CHECK MADE OUT TO THE CONTRIBUTOR.
  S  14-203.  PROOF OF COMPLIANCE.   AUTHORIZED AND POLITICAL COMMITTEES
SHALL MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR  A  COVERED
ELECTION  AS REQUIRED BY THE BOARD.  AUTHORIZED AND POLITICAL COMMITTEES
SHALL OBTAIN AND FURNISH TO THE BOARD ANY  INFORMATION  IT  MAY  REQUEST
RELATING  TO  FINANCIAL  TRANSACTIONS  OR CONTRIBUTIONS AND FURNISH SUCH
DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE  AS  MAY  BE
REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS ARTICLE, AUTHORIZED
AND  POLITICAL  COMMITTEES  SHALL  MAINTAIN COPIES OF SUCH RECORDS FOR A
PERIOD OF FIVE YEARS.
  S 14-204. ELIGIBILITY.  1. TERMS AND CONDITIONS. TO  BE  ELIGIBLE  FOR
VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
  (A) BE A CANDIDATE IN A COVERED ELECTION;
  (B)  MEET  ALL  THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
BALLOT;
  (C) IN THE CASE OF A COVERED GENERAL ELECTION, BE OPPOSED  BY  ANOTHER
CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
  (D)  SUBMIT  A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN SUCH FORM
AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE
OF AND AGREEMENT TO  COMPLY  WITH  THE  TERMS  AND  CONDITIONS  FOR  THE
PROVISION  OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH CERTIFICATION
SHALL BE SUBMITTED BEFORE THE ELECTION PURSUANT TO A SCHEDULE PROMULGAT-
ED BY THE BOARD;
  (E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD;

S. 6355--D                         37                         A. 8555--D

  (F) NOT MAKE EXPENDITURES FROM OR USE HIS OR  HER  PERSONAL  FUNDS  OR
PROPERTY  OR THE PERSONAL FUNDS OR PROPERTY JOINTLY HELD WITH HIS OR HER
SPOUSE, OR UNEMANCIPATED CHILDREN IN CONNECTION WITH HIS  OR  HER  NOMI-
NATION ELECTION OR ELECTION TO A COVERED OFFICE EXCEPT AS A CONTRIBUTION
TO HIS OR HER AUTHORIZED COMMITTEE IN AN AMOUNT THAT EXCEEDS THREE TIMES
THE  APPLICABLE  CONTRIBUTION  LIMIT  FROM  AN INDIVIDUAL CONTRIBUTOR TO
CANDIDATES FOR THE OFFICE THAT HE OR SHE IS SEEKING;
  (G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
THIS SECTION; AND
  (H) CONTINUE TO ABIDE BY ALL  REQUIREMENTS  DURING  THE  POST-ELECTION
PERIOD.
  2.  THRESHOLD  FOR  ELIGIBILITY. (A) THE THRESHOLD FOR ELIGIBILITY FOR
MATCHING FUNDING FOR PARTICIPATING CANDIDATES FOR COMPTROLLER  SHALL  BE
NOT  LESS  THAN  TWO HUNDRED THOUSAND DOLLARS IN MATCHABLE CONTRIBUTIONS
INCLUDING AT LEAST TWO THOUSAND  MATCHABLE  CONTRIBUTIONS  COMPRISED  OF
SUMS  BETWEEN  TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER CONTRIBUTOR,
FROM RESIDENTS OF NEW YORK STATE.
  (B) ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR  ELIGIBILITY
IN  A  PRIMARY ELECTION FOR THE FOREGOING OFFICE SHALL BE DEEMED TO HAVE
MET THE THRESHOLD  FOR  ELIGIBILITY  FOR  SUCH  OFFICE  IN  THE  GENERAL
ELECTION HELD IN THE SAME CALENDAR YEAR.
  S  14-205.  LIMITS  ON  MATCHING  FINANCING. THE FOLLOWING LIMITATIONS
APPLY TO THE TOTAL AMOUNTS OF MATCHING FUNDS THAT MAY BE PROVIDED  TO  A
PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
  1. IN ANY PRIMARY ELECTION, RECEIPT OF MATCHING FUNDS BY PARTICIPATING
CANDIDATES  FOR  COMPTROLLER  AND BY EACH PARTICIPATING COMMITTEES SHALL
NOT EXCEED THE SUM OF FOUR MILLION DOLLARS.
  2. IN ANY GENERAL ELECTION, RECEIPT OF MATCHING FUNDS BY A PARTICIPAT-
ING CANDIDATE'S AUTHORIZED  COMMITTEE  SHALL  NOT  EXCEED  FOUR  MILLION
DOLLARS.
  3.  NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS NOT
OPPOSED BY A CANDIDATE ON THE BALLOT IN  A  PRIMARY  ELECTION  SHALL  BE
ENTITLED  TO  PAYMENT  OF  MATCHING FUNDS, EXCEPT THAT, WHERE THERE IS A
CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST  ONE  OF
THE  TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST NUMBER OF
ENROLLED MEMBERS FOR SUCH OFFICE, A PARTICIPATING CANDIDATE WHO IS UNOP-
POSED IN THE PRIMARY ELECTION MAY  RECEIVE  MATCHING  FUNDS  BEFORE  THE
PRIMARY  ELECTION,  FOR  EXPENSES INCURRED ON OR BEFORE THE DATE OF SUCH
PRIMARY ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH  IN
SUBDIVISION ONE OF THIS SECTION.
  S  14-206. PAYMENT OF MATCHING FUNDS. 1. DETERMINATION OF ELIGIBILITY.
NO MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED  COMMITTEE  UNLESS  THE
BOARD  DETERMINES THAT THE PARTICIPATING CANDIDATE HAS MET THE ELIGIBIL-
ITY REQUIREMENTS OF THIS TITLE. PAYMENT SHALL  NOT  EXCEED  THE  AMOUNTS
SPECIFIED  IN SUBDIVISION TWO OF THIS SECTION, AND SHALL BE MADE ONLY IN
ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENT MAY  BE  MADE
ONLY  TO THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE. NO MATCHING
FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT  OR  PAYMENT  FOR  QUALIFIED
CAMPAIGN  EXPENDITURES  ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS
USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
  2. CALCULATION OF PAYMENT. IF THE THRESHOLD FOR  ELIGIBILITY  IS  MET,
THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT
FOR QUALIFIED CAMPAIGN EXPENDITURES OF SIX DOLLARS OF MATCHING FUNDS FOR
EACH  ONE  DOLLAR  OF MATCHABLE CONTRIBUTIONS, FOR THE FIRST ONE HUNDRED
SEVENTY-FIVE DOLLARS OF ELIGIBLE PRIVATE FUNDS PER CONTRIBUTOR, OBTAINED
AND REPORTED TO THE BOARD IN ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS

S. 6355--D                         38                         A. 8555--D

TITLE.  THE  MAXIMUM  PAYMENT  OF MATCHING FUNDS SHALL BE LIMITED TO THE
AMOUNTS SET FORTH IN SECTION  14-205  OF  THIS  TITLE  FOR  THE  COVERED
ELECTION.
  3.  TIMING  OF  PAYMENT.  THE BOARD SHALL MAKE ANY PAYMENT OF MATCHING
FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRACTICABLE. BUT IN  ALL
CASES, THE BOARD SHALL VERIFY ELIGIBILITY FOR MATCHING FUNDS WITHIN FOUR
DAYS  OF  RECEIVING  A  CAMPAIGN CONTRIBUTION REPORT FILED IN COMPLIANCE
WITH SECTION 14-104 OF THIS ARTICLE. WITHIN TWO DAYS OF DETERMINING THAT
A CANDIDATE FOR A COVERED OFFICE IS ELIGIBLE  FOR  MATCHING  FUNDS,  THE
BOARD  SHALL  PAY  THE  APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE.
HOWEVER, THE BOARD SHALL NOT MAKE ANY PAYMENTS OF PUBLIC  MONEY  EARLIER
THAN  THE  EARLIEST  DATES  FOR MAKING SUCH PAYMENTS AS PROVIDED BY THIS
TITLE.  IF ANY OF SUCH PAYMENTS WOULD REQUIRE PAYMENT ON  A  WEEKEND  OR
FEDERAL HOLIDAY, PAYMENT SHALL BE MADE ON THE NEXT BUSINESS DAY.
  4.  ELECTRONIC  FUNDS  TRANSFER.  THE  BOARD SHALL PROMULGATE RULES TO
FACILITATE ELECTRONIC FUNDS TRANSFERS DIRECTLY FROM  THE  FUND  INTO  AN
AUTHORIZED COMMITTEE'S BANK ACCOUNT.
  S  14-207. USE OF MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDITURES.  1.
MATCHING FUNDS PROVIDED UNDER THE PROVISIONS OF THIS TITLE MAY  BE  USED
ONLY  BY AN AUTHORIZED COMMITTEE FOR EXPENDITURES TO FURTHER THE PARTIC-
IPATING CANDIDATE'S  NOMINATION  FOR  ELECTION  OR  ELECTION,  INCLUDING
PAYING  FOR  DEBTS  INCURRED  WITHIN  ONE  YEAR  PRIOR TO AN ELECTION TO
FURTHER  THE  PARTICIPATING  CANDIDATE'S  NOMINATION  FOR  ELECTION   OR
ELECTION.
  2. SUCH MATCHING FUNDS MAY NOT BE USED FOR:
  (A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
  (B)  AN  EXPENDITURE  IN  EXCESS OF THE FAIR MARKET VALUE OF SERVICES,
MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
  (C) AN EXPENSE INCURRED AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
FIED FROM THE BALLOT;
  (D) AN EXPENSE INCURRED AFTER  THE  ONLY  REMAINING  OPPONENT  OF  THE
CANDIDATE  HAS  BEEN  FINALLY  DISQUALIFIED  FROM THE GENERAL OR SPECIAL
ELECTION BALLOT;
  (E) AN EXPENDITURE MADE BY CASH PAYMENT;
  (F) A CONTRIBUTION OR LOAN OR  TRANSFER  MADE  TO  OR  EXPENDITURE  TO
SUPPORT  ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE OR
CONSTITUTED COMMITTEE;
  (G) AN EXPENDITURE TO EXCLUSIVELY SUPPORT OR OPPOSE A CANDIDATE FOR AN
OFFICE OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
  (H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
MATERIAL;
  (I) LEGAL FEES TO DEFEND AGAINST A FORMAL CRIMINAL CHARGE;
  (J) PAYMENTS TO IMMEDIATE FAMILY MEMBERS OF THE  PARTICIPATING  CANDI-
DATE; OR
  (K)  ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION,  ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION.
  S 14-208. POWERS AND DUTIES OF BOARD.  1. ADVISORY OPINIONS. THE BOARD
SHALL  RENDER  ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING UNDER
THIS TITLE UPON THE WRITTEN REQUEST OF A  CANDIDATE,  AN  OFFICER  OF  A
POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITIATIVE.
THE  BOARD  SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO RESPOND
TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF INTERPRE-
TATION FOR WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE  BOARD  AND
ITS  ADVISORY  OPINIONS,  INCLUDING  BY  PUBLICATION ON ITS WEBPAGE WITH

S. 6355--D                         39                         A. 8555--D

IDENTIFYING INFORMATION REDACTED AS THE BOARD DETERMINES TO BE APPROPRI-
ATE.
  2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL DEVELOP
A  PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO THE PURPOSE AND
EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY MEANS OF A WEBPAGE.
THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL
MATERIALS, INCLUDING COMPLIANCE MANUALS AND SUMMARIES  AND  EXPLANATIONS
OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR
HAVE  PREPARED  AND  MAKE  AVAILABLE MATERIALS, INCLUDING, TO THE EXTENT
FEASIBLE, COMPUTER SOFTWARE, TO FACILITATE THE TASK OF  COMPLIANCE  WITH
THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS TITLE.
  3.  RULES  AND  REGULATIONS.  THE  BOARD  SHALL  HAVE THE AUTHORITY TO
PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
  4. THE BOARD SHALL WORK WITH THE  ENFORCEMENT  UNIT  TO  ENFORCE  THIS
SECTION.
  S 14-209. AUDITS AND REPAYMENTS.  1. AUDITS. THE BOARD SHALL AUDIT AND
EXAMINE  ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS TITLE
AND SHALL COMPLETE SUCH  AUDIT  NO  LATER  THAN  SIX  MONTHS  AFTER  THE
ELECTION IN QUESTION.  EVERY CANDIDATE WHO RECEIVES MATCHING FUNDS UNDER
THIS  TITLE  SHALL BE AUDITED BY THE BOARD. THE COST OF COMPLYING WITH A
POST-ELECTION AUDIT SHALL BE BORNE BY THE CANDIDATE'S AUTHORIZED COMMIT-
TEE USING MATCHING FUNDS, PRIVATE  FUNDS  OR  ANY  COMBINATION  OF  SUCH
FUNDS.    CANDIDATES WHO RUN IN BOTH A PRIMARY AND GENERAL ELECTION MUST
MAINTAIN A RESERVE OF THREE PERCENT OF THE MATCHING  FUNDS  RECEIVED  TO
COMPLY  WITH  THE  POST-ELECTION  AUDIT.   THE BOARD SHALL ISSUE TO EACH
CAMPAIGN AUDITED A FINAL AUDIT REPORT THAT DETAILS ITS FINDINGS.
  2. REPAYMENTS. (A) IF THE BOARD DETERMINES THAT  ANY  PORTION  OF  THE
PAYMENT  MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS IN
EXCESS OF THE AGGREGATE AMOUNT  OF  PAYMENTS  THAT  SUCH  CANDIDATE  WAS
ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
TEE  AND  SUCH  COMMITTEE  SHALL PAY TO THE BOARD AN AMOUNT EQUAL TO THE
AMOUNT OF EXCESS PAYMENTS. PROVIDED,  HOWEVER,  THAT  IF  THE  ERRONEOUS
PAYMENT  WAS  THE  RESULT  OF  AN ERROR BY THE BOARD, THEN THE ERRONEOUS
PAYMENT WILL BE DEDUCTED FROM ANY FUTURE PAYMENT,  IF  ANY,  AND  IF  NO
PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL
BE  LIABLE  TO  REPAY THE EXCESS AMOUNT TO THE BOARD. THE CANDIDATE, THE
TREASURER AND THE  CANDIDATE'S  AUTHORIZED  COMMITTEE  ARE  JOINTLY  AND
SEVERABLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
  (B)  IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A
CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND  WAS  USED  FOR  PURPOSES
OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES, IT SHALL NOTIFY SUCH COMMIT-
TEE  OF  THE  AMOUNT SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY TO THE
BOARD AN AMOUNT EQUAL TO SUCH DISQUALIFIED AMOUNT.  THE  CANDIDATE,  THE
TREASURER  AND  THE  CANDIDATE'S  AUTHORIZED  COMMITTEE  ARE JOINTLY AND
SEVERABLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
  (C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING
CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEE EXCEED THE TOTAL  CAMPAIGN
EXPENDITURES  OF  SUCH  CANDIDATE  AND  AUTHORIZED COMMITTEE FOR THE TWO
THOUSAND FOURTEEN COMPTROLLER ELECTION,  SUCH  CANDIDATE  AND  COMMITTEE
SHALL  USE SUCH EXCESS FUNDS TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED
BY SUCH AUTHORIZED COMMITTEE FROM THE FUND DURING SUCH CALENDAR. PARTIC-
IPATING CANDIDATES SHALL PAY TO THE BOARD UNSPENT PUBLIC CAMPAIGN  FUNDS
FROM  AN ELECTION NOT LATER THAN TWENTY-SEVEN DAYS AFTER ALL LIABILITIES
FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT, NOT LATER THAN THE DAY
ON WHICH THE BOARD ISSUES ITS FINAL AUDIT REPORT FOR  THE  PARTICIPATING

S. 6355--D                         40                         A. 8555--D

CANDIDATE'S  AUTHORIZED  COMMITTEE;  PROVIDED, HOWEVER, THAT ALL UNSPENT
PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY
DUE AND PAYABLE TO THE BOARD UPON A DETERMINATION BY THE BOARD THAT  THE
PARTICIPANT  HAS  KNOWINGLY  DELAYED THE POST-ELECTION AUDIT.  A PARTIC-
IPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES WITH PUBLIC  FUNDS
ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH WIND-
ING  UP  A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT EXCEPT FOR
LIABILITIES INCURRED BEFORE THE ELECTION.  NOTHING IN THIS  TITLE  SHALL
BE  CONSTRUED  TO PREVENT A CANDIDATE OR HIS OR HER AUTHORIZED COMMITTEE
FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED FROM PRIVATE CONTRIBUTORS FOR
OTHERWISE LAWFUL EXPENDITURES.
  3. THE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION OF THE
AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM  THE  FUND  ESTABLISHED
PURSUANT  TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW, TO A PARTIC-
IPATING CANDIDATE THAT HAS QUALIFIED  TO  RECEIVE  SUCH  PAYMENT.  THESE
REGULATIONS  SHALL INCLUDE THE PROMULGATION AND DISTRIBUTION OF FORMS ON
WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO  BE  REPORTED,  THE  PERIODS
DURING  WHICH  SUCH REPORTS MUST BE FILED AND THE VERIFICATION REQUIRED.
THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE PAYMENT BY
THE FUND WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF THE  REQUIRED  FORMS
AND VERIFICATIONS.
  S   14-210.   ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS  AND  OTHER
PROCEEDINGS.  1. CIVIL PENALTIES. KNOWING VIOLATIONS OF ANY PROVISION OF
THIS TITLE OR RULE PROMULGATED PURSUANT TO THIS TITLE SHALL  BE  SUBJECT
TO A CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF TEN THOUSAND DOLLARS.
  2. NOTICE OF VIOLATION AND OPPORTUNITY TO BE HEARD. THE BOARD SHALL:
  (A)  DETERMINE  WHETHER  A VIOLATION OF ANY PROVISION OF THIS TITLE OR
RULE PROMULGATED HEREUNDER HAS BEEN COMMITTED;
  (B) GIVE WRITTEN NOTICE AND THE OPPORTUNITY TO BE HEARD IN  ACCORDANCE
WITH  THE STATE ADMINISTRATIVE PROCEDURE ACT BEFORE AN INDEPENDENT HEAR-
ING OFFICER TO EACH PERSON OR  ENTITY  IT  HAS  REASON  TO  BELIEVE  HAS
COMMITTED A VIOLATION; AND
  (C)  IF  APPROPRIATE,  ASSESS PENALTIES FOR VIOLATIONS, FOLLOWING SUCH
NOTICE AND OPPORTUNITY TO CONTEST.
  3. CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY  FURNISHES
OR  SUBMITS  FALSE  STATEMENTS OR INFORMATION TO THE BOARD IN CONNECTION
WITH ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A  MISDEMEANOR
IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
PURSUANT  TO ANY OTHER LAW. THE BOARD SHALL SEEK TO RECOVER ANY MATCHING
FUNDS OBTAINED AS A RESULT OF SUCH CRIMINAL CONDUCT.
  4. PROCEEDINGS AS TO MATCHING  FINANCING.  (A)  THE  DETERMINATION  OF
ELIGIBILITY PURSUANT TO THIS TITLE AND ANY QUESTION OR ISSUE RELATING TO
PAYMENTS  FOR  CAMPAIGN  EXPENDITURES  PURSUANT  TO  THIS  TITLE  MAY BE
CONTESTED IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY  COUN-
TY, BY ANY AGGRIEVED CANDIDATE.
  (B)  A  PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY
OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS  CHAPTER
SHALL  BE  INSTITUTED  WITHIN FOURTEEN DAYS AFTER SUCH DETERMINATION WAS
MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
  (C) UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A  PARTIC-
IPATING  CANDIDATE  OR  SUCH  CANDIDATE'S AUTHORIZED COMMITTEE AFTER THE
ISSUANCE OF WRITTEN NOTICE OF SUCH  AMOUNT  DUE,  AS  REQUIRED  BY  THIS
TITLE,  THE  BOARD  IS  AUTHORIZED  TO INSTITUTE A SPECIAL PROCEEDING OR
CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A  JUDGMENT  FOR
ANY  AMOUNTS  DETERMINED  TO  BE  PAYABLE TO THE BOARD AS A RESULT OF AN
EXAMINATION AND AUDIT MADE PURSUANT TO THIS  TITLE  OR  TO  OBTAIN  SUCH

S. 6355--D                         41                         A. 8555--D

AMOUNTS  DIRECTLY  FROM  THE  CANDIDATE  OR AUTHORIZED COMMITTEE AFTER A
HEARING AT THE STATE BOARD OF ELECTIONS.
  (D) THE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR CIVIL
ACTION  IN  SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR CIVIL
PENALTIES DETERMINED TO BE PAYABLE TO THE BOARD PURSUANT TO  THIS  TITLE
OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A HEARING AT THE STATE BOARD OF
ELECTIONS.
  S  14-211.  REPORTS.  THE BOARD SHALL SUBMIT A REPORT TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE  ASSEMBLY.
SUCH REPORT SHALL INCLUDE:
  1.  A  LIST  OF  THE  PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
COVERED ELECTIONS AND THE VOTES RECEIVED  BY  EACH  CANDIDATE  IN  THOSE
ELECTIONS;
  2.  THE  AMOUNT  OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
MADE, ON BEHALF OF THESE CANDIDATES;
  3. THE AMOUNT OF PUBLIC MATCHING FUNDS  EACH  PARTICIPATING  CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;
  4.  ANALYSIS  OF  THE  EFFECT  OF  THIS  TITLE ON POLITICAL CAMPAIGNS,
INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS  OF  PRIVATE  FINANCING,
THE  LEVEL  OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
CANDIDATES, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY  FOR  PUBLIC
OFFICE,  AND  THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
AND
  5. RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES  IN
CONTRIBUTION  LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER FEATURES
OF THE SYSTEM.
  S 14-212. DEBATES FOR CANDIDATES FOR COMPTROLLER.    THE  BOARD  SHALL
PROMULGATE  REGULATIONS TO FACILITATE DEBATES AMONG PARTICIPATING CANDI-
DATES WHO SEEK ELECTION FOR THE  OFFICE  OF  COMPTROLLER.  PARTICIPATING
CANDIDATES  ARE  REQUIRED  TO  PARTICIPATE  IN  ONE  DEBATE  BEFORE EACH
ELECTION FOR WHICH THE CANDIDATE RECEIVES  MATCHING  FUNDS,  UNLESS  THE
PARTICIPATING  CANDIDATE  IS  RUNNING UNOPPOSED. NONPARTICIPATING CANDI-
DATES MAY PARTICIPATE IN SUCH DEBATES.
  S 14-213. SEVERABILITY.  IF ANY CLAUSE, SENTENCE,  SUBDIVISION,  PARA-
GRAPH,  SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF COMPE-
TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT,  IMPAIR
OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
TION  TO  THE  CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH, SECTION OR PART
THEREOF DIRECTLY INVOLVED IN THE  CONTROVERSY  IN  WHICH  SUCH  JUDGMENT
SHALL HAVE BEEN RENDERED.
  S  4. The state finance law is amended by adding a new section 92-t to
read as follows:
  S 92-T. NEW YORK STATE CAMPAIGN  FINANCE  FUND.  1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW  YORK
STATE CAMPAIGN FINANCE FUND.
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE ABANDONED
PROPERTY FUND PURSUANT TO SECTION NINETY-FIVE OF THIS ARTICLE.
  3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE  EXPENDED  FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
TO TITLE II OF ARTICLE FOURTEEN OF THE ELECTION LAW.   MONEYS  SHALL  BE
PAID  OUT OF THE FUND UPON AUDIT AND WARRANT BY THE STATE COMPTROLLER ON
VOUCHERS CERTIFIED OR APPROVED BY THE STATE BOARD OF ELECTIONS,  OR  ITS
DULY  DESIGNATED  REPRESENTATIVE,  IN  THE MANNER PRESCRIBED BY LAW, NOT
MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS AUDITED  AND  APPROVED
BY THE STATE COMPTROLLER.

S. 6355--D                         42                         A. 8555--D

  4.  NO MATCHING FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN
A PRIMARY ELECTION  ANY  EARLIER  THAN  THIRTY  DAYS  AFTER  DESIGNATING
PETITIONS,  INDEPENDENT  NOMINATING  PETITIONS, OR CERTIFICATES OF NOMI-
NATION HAVE BEEN FILED AND NOT LESS THAN  FORTY-FIVE  DAYS  BEFORE  SUCH
ELECTION.
  5.  NO MATCHING FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN
A GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
  6. NO MATCHING FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE  WHO
HAS  BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED
INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A  COURT  OF  COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER COURT
IN A FINAL JUDGMENT.  NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH
A  CANDIDATE  OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF
SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
PURPOSE EXCEPT THE PAYMENT OF LIABILITIES  INCURRED  BEFORE  SUCH  DATE.
ALL SUCH MONEYS SHALL BE REPAID TO THE FUND.
  S  5.  Section  95 of the state finance law is amended by adding a new
subdivision 5 to read as follows:
  5. (A) AS OFTEN AS NECESSARY, THE CO-CHAIRS  OF  THE  STATE  BOARD  OF
ELECTIONS SHALL CERTIFY THE AMOUNT SUCH CO-CHAIRS HAVE DETERMINED NECES-
SARY  TO  FUND  ESTIMATED  PAYMENTS FROM THE FUND ESTABLISHED BY SECTION
NINETY-TWO-T OF THIS ARTICLE FOR THE PRIMARY OR GENERAL ELECTION.
  (B) NOTWITHSTANDING ANY PROVISION  OF  THIS  SECTION  AUTHORIZING  THE
TRANSFER  OF  ANY  MONEYS  IN THE ABANDONED PROPERTY FUND TO THE GENERAL
FUND, THE COMPTROLLER, AFTER RESERVING AMOUNTS SUFFICIENT TO PAY  CLAIMS
AGAINST  THE  ABANDONED PROPERTY FUND, SHALL, BASED UPON A CERTIFICATION
OF THE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION,
AND AT THE DIRECTION  OF  THE  DIRECTOR  OF  THE  BUDGET,  TRANSFER  THE
REQUESTED  AMOUNT FROM REMAINING AVAILABLE MONIES IN THE ABANDONED PROP-
ERTY  FUND  TO  THE  CAMPAIGN  FINANCE  FUND  ESTABLISHED   BY   SECTION
NINETY-TWO-T OF THIS ARTICLE.
  S  6.  Severability.  If any clause, sentence, subdivision, paragraph,
section or part of title II of article 14 of the election law, as  added
by  section  three  of  this  act  be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not  affect,  impair  or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, subdivision, paragraph, section or part thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 7. This act shall take effect immediately and shall  expire  and  be
deemed repealed December 31, 2014; provided that the powers of the board
of  elections  to conduct audits and make determinations with respect to
enforcement and penalties pursuant to sections 14-209 and 14-210 of  the
election  law,  as added by section three of this act, shall continue in
such board notwithstanding the repeal of such sections until  such  time
as the board of elections shall determine.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by a court of compe-
tent jurisdiction to be invalid, such judgment shall not affect, impair,
or invalidate the remainder thereof, but shall be confined in its opera-
tion  to  the  clause, sentence, paragraph, subdivision, section or part
thereof directly involved in the  controversy  in  which  such  judgment
shall  have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if  such  invalid
provisions had not been included herein.

S. 6355--D                         43                         A. 8555--D

  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through D of this act  shall
be as specifically set forth in the last section of such Subparts.

                                 PART I

  Section  1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision  5
of  section  4  of  the  state finance law to the following funds and/or
accounts:
  1. Tuition reimbursement account (20451).
  2. Proprietary vocational school supervision account (20452).
  3. Local government records management account (20501).
  4. Child health plus program account (20810).
  5. Hospital based grants program account (20812).
  6. EPIC premium account (20818).
  7. Education - New (20901).
  8. VLT - Sound basic education fund (20904).
  9.  Sewage  treatment  program  management  and  administration   fund
(21000).
  10. Hazardous bulk storage account (21061).
  11. Federal grants indirect cost recovery account (21065).
  12. Low level radioactive waste account (21066).
  13. Recreation account (21067).
  14. Public safety recovery account (21077).
  15. Conservationist magazine account (21080).
  16. Environmental regulatory account (21081).
  17. Natural resource account (21082).
  18. Mined land reclamation program account (21084).
  19. Great lakes restoration initiative account (21087).
  20. Environmental protection and oil spill compensation fund (21200).
  21. Public transportation systems account (21401).
  22. Metropolitan mass transportation (21402).
  23. Operating permit program account (21451).
  24. Mobile source account (21452).
  25.   Statewide  planning  and  research  cooperative  system  account
(21902).
  26. OPWDD provider of service account (21903).
  27. Mental hygiene program fund account (21907).
  28. Mental hygiene patient income account (21909).
  29. Financial control board account (21911).
  30. Regulation of racing account (21912).
  31. New York Metropolitan Transportation Council account (21913).
  32. Cyber upgrade account (21919).
  33. State university dormitory income reimbursable account (21937).
  34. Energy research account (21943).
  35. Criminal justice improvement account (21945).
  36. Fingerprint identification and technology account (21950).
  37. Environmental laboratory reference fee account (21959).
  38. Clinical laboratory reference system assessment account (21962).
  39. Public employment relations board account (21964).
  40. Indirect cost recovery account (21978).
  41. High school equivalency program account (21979).
  42. Multi-agency training account (21989).
  43. Bell jar collection account (22003).
  44. Industry and utility service account (22004).

S. 6355--D                         44                         A. 8555--D

  45. Real property disposition account (22006).
  46. Parking account (22007).
  47. Asbestos safety training program account (22009).
  48. Batavia school for the blind account (22032).
  49. Investment services account (22034).
  50. Surplus property account (22036).
  51. Financial oversight account (22039).
  52. Regulation of indian gaming account (22046).
  53. Rome school for the deaf account (22053).
  54. Seized assets account (22054).
  55. Administrative adjudication account (22055).
  56. Federal salary sharing account (22056).
  57. New York City assessment account (22062).
  58. Cultural education account (22063).
  59. Local services account (22078).
  60. DHCR mortgage servicing account (22085).
  61. Department of motor vehicles compulsory insurance account (22087).
  62. Housing indirect cost recovery account (22090).
  63. Accident prevention course program account (22094).
  64. DHCR-HCA application fee account (22100).
  65. Low income housing monitoring account (22130).
  66. Corporation administration account (22135).
  67. Montrose veteran's home account (22144).
  68. Deferred compensation administration account (22151).
  69. Rent revenue other New York City account (22156).
  70. Rent revenue account (22158).
  71. Tax revenue arrearage account (22168).
  72. State university general income offset account (22654).
  73. State police motor vehicle law enforcement account (22802).
  74. Highway safety program account (23001).
  75. EFC drinking water program account (23101).
  76. DOH drinking water program account (23102).
  77. NYCCC operating offset account (23151).
  78. Commercial gaming revenue account (23701).
  79. Commercial gaming regulation account (23702).
  80. Highway and bridge capital account (30051).
  81. State university residence hall rehabilitation fund (30100).
  82. State parks infrastructure account (30351).
  83. Clean water/clean air implementation fund (30500).
  84. Hazardous waste remedial cleanup account (31506).
  85. Youth facilities improvement account (31701).
  86. Housing assistance fund (31800).
  87. Housing program fund (31850).
  88. Highway facility purpose account (31951).
  89.  Miscellaneous capital projects fund, information technology capi-
tal financing account.
  90. New York racing account (32213).
  91. Mental hygiene facilities capital improvement fund (32300).
  92. Correctional facilities capital improvement fund (32350).
  93. New York State Storm Recovery Capital Fund (33000).
  94. OGS convention center account (50318).
  95. Centralized services fund (55000).
  96. Archives records management account (55052).
  97. Federal single audit account (55053).
  98. Civil service law section II administrative account (55055).
  99. Civil service EHS occupational health program account (55056).

S. 6355--D                         45                         A. 8555--D

  100. Banking services account (55057).
  101. Cultural resources survey account (55058).
  102. Neighborhood work project (55059).
  103. Automation & printing chargeback account (55060).
  104. OFT NYT account (55061).
  105. Data center account (55062).
  106. Human service telecom account (55063).
  107. Intrusion detection account (55066).
  108. Domestic violence grant account (55067).
  109. Centralized technology services account (55069).
  110. Labor contact center account (55071).
  111. Human services contact center account (55072).
  112. Tax contact center account (55073).
  113. Joint labor/management administration fund (55201).
  114. Executive direction internal audit account (55251).
  115. CIO Information technology centralized services account (55252).
  116. Health insurance internal service account (55300).
  117.  Civil  service employee benefits division administrative account
(55301).
  118. Correctional industries revolving fund (55350).
  119. Employees health insurance account (60201).
  120. Medicaid management information system escrow fund (60900).
  S 1-a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in  subdivision  5  of
section  4  of the state finance law to any account within the following
federal funds, provided the comptroller has made  a  determination  that
sufficient  federal grant award authority is available to reimburse such
loans:
  1. Federal USDA-food and nutrition services fund. (25000).
  2. Federal health and human services fund (25100).
  3. Federal education fund (25200).
  4. Federal block grant fund (25250).
  5. Federal miscellaneous operating grants fund. (25300)
  6. Federal unemployment insurance administration fund (25900).
  7. Federal unemployment insurance occupational training fund (25950).
  8. Federal emergency employment act fund (26000).
  9. Federal capital projects fund (31350).
  S 2. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or  before March 31, 2015, up to the unencumbered balance or the follow-
ing amounts:
  Economic Development and Public Authorities:
  1. $175,000 from the miscellaneous special revenue  fund,  underground
facilities safety training account (22172), to the general fund.
  2.  An  amount  up  to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services  account  (21977),
to the general fund.
  3.  $14,810,000  from  the  miscellaneous  special  revenue fund, code
enforcement account (21904), to the general fund.
  4. $3,000,000 from the  general  fund  to  the  miscellaneous  special
revenue fund, tax revenue arrearage account (22168).
  5.  $350,000  from  the  state  exposition  special  fund,  state fair
receipts account (50051), to the general fund.
  Education:

S. 6355--D                         46                         A. 8555--D

  1. $2,265,000,000 from the general fund to  the  state  lottery  fund,
education  account (20901), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c  of
the  state  finance  law  that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
  2.  $950,604,000  from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made  from
such  fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of  the  amounts  deposited  in
such fund for such purposes pursuant to section 1612 of the tax law.
  3.  Moneys  from  the  state lottery fund up to an amount deposited in
such fund pursuant to section 1612 of the  tax  law  in  excess  of  the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
  4.  $300,000  from the local government records management improvement
fund (20500) to the archives partnership trust fund (20350).
  5. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
  6. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
  7. $343,400,000  from  the  state  university  dormitory  income  fund
(40350)  to  the  miscellaneous  special  revenue fund, state university
dormitory income reimbursable account (21937).
  8. $24,000,000 from any of  the  state  education  department  special
revenue  and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
  9. $8,318,000 from the general fund to  the  state  university  income
fund,  state  university  income offset account (22654), for the state's
share of repayment of the STIP loan.
  10. $64,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital debt service for the period April 1,  2014  through  March  31,
2015.
  Environmental Affairs:
  1.  $16,000,000  from any of the department of environmental conserva-
tion's special revenue federal funds to the  environmental  conservation
special revenue fund, federal indirect recovery account (21065).
  2.  $2,000,000  from  any of the department of environmental conserva-
tion's special revenue federal funds to the conservation fund as  neces-
sary to avoid diversion of conservation funds.
  3. $3,000,000 from any of the office of parks, recreation and historic
preservation  capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant  indirect
cost recovery account (22188).
  4. $1,000,000 from any of the office of parks, recreation and historic
preservation  special revenue federal funds to the miscellaneous special
revenue fund, I love NY water account (21930).
  5. $5,000,000 from the general fund to  the  environmental  protection
fund, environmental protection fund transfer account (30451).
  Family Assistance:
  1. $10,000,000 from any of the office of children and family services,
office  of  temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in  accordance  with
agreements  with social services districts, to the miscellaneous special
revenue fund, office of human resources development state match  account
(21967).

S. 6355--D                         47                         A. 8555--D

  2.  $3,000,000  from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
  3. $18,670,000 from any of the office of children and family services,
office  of  temporary and disability assistance, or department of health
special revenue federal  funds  and  any  other  miscellaneous  revenues
generated  from  the operation of office of children and family services
programs to the general fund.
  4. $205,000,000 from any of the office  of  temporary  and  disability
assistance  or department of health special revenue funds to the general
fund.
  5. $2,500,000 from any of  the  office  of  temporary  and  disability
assistance  or  office  of  children and family services special revenue
federal funds to the  miscellaneous  special  revenue  fund,  office  of
temporary and disability assistance program account (21980).
  6. $35,000,000 from any of the office of children and family services,
office  of temporary and disability assistance, department of labor, and
department of health special revenue federal  funds  to  the  office  of
children  and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
  7. $122,000,000 from the miscellaneous  special  revenue  fund,  youth
facility per Diem account (22186), to the general fund.
  8.  $621,850  from the general fund to the combined gifts, grants, and
bequests fund, WB Hoyt Memorial account (20128).
  9. $2,500,000 from  the  miscellaneous  special  revenue  fund,  state
central registry (22028) to the general fund.
  General Government:
  1. $1,566,000 from the miscellaneous special revenue fund, examination
and miscellaneous revenue account (22065) to the general fund.
  2. $12,500,000 from the general fund to the health insurance revolving
fund (55300).
  3.  $192,400,000  from  the  health  insurance  reserve  receipts fund
(60550) to the general fund.
  4. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
  5. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
  6. $30,000,000 from the miscellaneous special revenue fund, real prop-
erty disposition account (22006), to the general fund.
  7. $3,000,000 from the miscellaneous  special  revenue  fund,  surplus
property account (22036), to the general fund.
  8.  $19,900,000  from  the  general  fund to the miscellaneous special
revenue fund, alcoholic beverage control account (22033).
  9. $23,000,000 from the miscellaneous special  revenue  fund,  revenue
arrearage account (22024), to the general fund.
  10.  $1,826,000  from  the miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous  special  revenue  fund,
authority budget office account (22138).
  11.  $1,000,000  from  the miscellaneous special revenue fund, parking
services account (22007), to the general fund, for the purpose of  reim-
bursing the costs of debt service related to state parking facilities.
  12.  $21,800,000  from  the general fund to the internal service fund,
COPS account (55013).

S. 6355--D                         48                         A. 8555--D

  13. $14,000,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for  the  purpose  of
enterprise technology projects.
  Health:
  1. $64,600,000 from the miscellaneous special revenue fund, quality of
care account (21915) to the general fund.
  2.  $1,000,000 from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155),  an
amount  equal to the monies collected and deposited into that account in
the previous fiscal year.
  3. $1,464,000 from any of the department of health accounts within the
federal health and human services  fund  to  the  department  of  health
miscellaneous  special  revenue  fund,  statewide  planning and research
cooperation system (SPARCS) program account (21902).
  4. $250,000 from the general fund to the combined  gifts,  grants  and
bequests  fund,  prostate  cancer  research,  detection,  and  education
account (20183), an amount equal to the moneys collected  and  deposited
into that account in the previous fiscal year.
  5.  $500,000  from  the general fund to the combined gifts, grants and
bequests fund,  Alzheimer's  disease  research  and  assistance  account
(20143), an amount equal to the moneys collected and deposited into that
account in the previous fiscal year.
  6.  $26,527,000 from the HCRA resources fund (20800), to the miscella-
neous special revenue fund, empire state stem cell  trust  fund  account
(22161).
  7.  $11,373,000  from  the  general  fund to the miscellaneous special
revenue fund, empire state stem cell trust fund (22161).
  8. $64,600,000 from any of the department of  health  accounts  within
the  federal health and human services fund to the miscellaneous special
revenue fund, quality of care account (21915).
  9. $4,000,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the  miscellaneous  capital  projects  fund,
healthcare IT capital subfund.
  10.  $3,000,000  from the miscellaneous special revenue fund, adminis-
tration program account (21982), to the miscellaneous  capital  projects
fund, healthcare IT capital subfund.
  11.  $3,000,000  from  the  miscellaneous  special revenue fund, vital
records account (22103), to the  miscellaneous  capital  projects  fund,
healthcare IT capital subfund.
  12.  $65,000,000  from  the HCRA resources fund (20800) to the capital
projects fund (30000).
  13. $3,700,000 from the miscellaneous  New  York  state  agency  fund,
Medicaid recoveries account (60615), to the general fund.
  Labor:
  1.  $400,000  from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
  2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the general fund.
  3. $3,300,000 from the unemployment  insurance  interest  and  penalty
fund,  unemployment  insurance  special  interest  and  penalty  account
(23601), to the general fund.
  Mental Hygiene:
  1. $10,000,000 from the miscellaneous  special  revenue  fund,  mental
hygiene  patient  income  account  (21909), to the miscellaneous special
revenue fund, federal salary sharing account (22056).

S. 6355--D                         49                         A. 8555--D

  2. $100,000,000 from the miscellaneous special  revenue  fund,  mental
hygiene  patient  income  account  (21909), to the miscellaneous special
revenue fund, provider of service accounts (21903).
  3.  $100,000,000  from  the miscellaneous special revenue fund, mental
hygiene program fund  account  (21907),  to  the  miscellaneous  special
revenue fund, provider of service account (21903).
  4.  $1,250,000,000  from the general fund to the miscellaneous special
revenue fund, mental hygiene patient income account (21909).
  5. $1,600,000,000 from the general fund to the  miscellaneous  special
revenue fund, mental hygiene program fund account (21907).
  6.  $100,000,000  from  the miscellaneous special revenue fund, mental
hygiene program fund account (21907), to the general fund.
  7. $100,000,000 from the miscellaneous special  revenue  fund,  mental
hygiene patient income account (21909), to the general fund.
  Public Protection:
  1.  $1,350,000  from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
  2. $3,300,000 from the  general  fund  to  the  miscellaneous  special
revenue fund, recruitment incentive account (22171).
  3.  $13,000,000  from  the general fund to the correctional industries
revolving  fund,  correctional  industries  internal   service   account
(55350).
  4.  $12,000,000  from the federal miscellaneous operating grants fund,
DMNA damage account (25324), to the general fund.
  5. $14,300,000 from the general  fund  to  the  miscellaneous  special
revenue fund, crimes against revenue program account (22015).
  6.  $9,100,000  from  the miscellaneous special revenue fund, criminal
justice improvement account (21945), to the general fund.
  7. $50,000,000 from the miscellaneous special revenue fund,  statewide
public safety communications account (22123), to the general fund.
  8.  $106,000,000  from  the state police motor vehicle law enforcement
and motor vehicle theft  and  insurance  fraud  prevention  fund,  state
police  motor  vehicle  enforcement account (22802), to the general fund
for state operation expenses of the division of state police.
  9. $21,500,000 from the general fund to  the  correctional  facilities
capital improvement fund (32350).
  10.  $5,000,000  from  the  general  fund to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
  11. $5,000,000 from the miscellaneous special revenue fund,  statewide
public  safety  communications  account (22123), to the capital projects
fund (30000).
  12. $2,000,000 from the  miscellaneous  special  revenue  fund,  legal
services assistance account (22096), to the general fund.
  Transportation:
  1. $17,672,000 from the federal miscellaneous operating grants fund to
the  miscellaneous special revenue fund, New York Metropolitan Transpor-
tation Council account (21913).
  2. $20,147,000 from the federal capital projects fund to the miscella-
neous special revenue fund, New York Metropolitan Transportation Council
account (21913).
  3. $15,700,000 from the miscellaneous special revenue fund, compulsory
insurance account (22087), to the general fund.

S. 6355--D                         50                         A. 8555--D

  4. $12,000,000 from the general fund to the mass transportation  oper-
ating  assistance  fund, public transportation systems operating assist-
ance account (21401).
  5.  $662,483,000  from  the  general fund to the dedicated highway and
bridge trust fund (30050).
  6. $606,000 from the  miscellaneous  special  revenue  fund,  accident
prevention course program account (22094), to the general fund.
  7.  $6,000  from  the  miscellaneous  special revenue fund, motorcycle
safety account (21976), to the general fund.
  8. $309,250,000 from the general fund to the MTA financial  assistance
fund, mobility tax trust account (23651).
  9. $30,000,000 from the mass transportation operating assistance fund,
metropolitan  mass  transportation operating assistance account (21402),
to the general debt service  fund  (40150),  for  reimbursement  of  the
state's expenses in connection with payments of debt service and related
expenses  for  the metropolitan transportation authority's state service
contract bonds.
  10. $2,500,000 from the miscellaneous special revenue fund, rail safe-
ty inspection account (21983) to the dedicated highway and bridge  trust
fund (30050).
  11.  $5,000,000 from the miscellaneous special revenue fund, transpor-
tation regulation account (22067) to the dedicated  highway  and  bridge
trust  fund  (30050),  for  disbursements  made from such fund for motor
carrier safety that are in excess of the amounts deposited in the  dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
  12.  $2,808,096 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems  operating  assist-
ance account (20401).
  Miscellaneous:
  1. $150,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
  2.  $500,000,000  from  the general fund to the debt reduction reserve
fund (40000).
  3. $450,000,000 from the New York state storm  recovery  capital  fund
(33000) to the revenue bond tax fund (40152).
  4.  $15,500,000  from  the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
  S 3. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2015:
  1.  Upon request of the commissioner of environmental conservation, up
to $11,283,800 from revenues credited to any of the department of  envi-
ronmental  conservation special revenue funds, including $3,275,400 from
the environmental protection and oil spill  compensation  fund  (21200),
and  $1,773,600 from the conservation fund (21150), to the environmental
conservation special revenue fund, indirect charges account (21060).
  2. Upon request of the commissioner of agriculture and markets, up  to
$3,000,000  from  any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
  3. Upon request of the commissioner of agriculture and markets, up  to
$2,000,000  from  the state exposition special fund, state fair receipts
account (50051) to the miscellaneous capital projects fund,  state  fair
capital improvement account (32208).

S. 6355--D                         51                         A. 8555--D

  4.  Upon  request  of  the commissioner of the division of housing and
community renewal, up to $6,221,000 from revenues credited to any  divi-
sion  of  housing and community renewal federal or miscellaneous special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
  5.  Upon  request  of  the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any  miscel-
laneous  special  revenue  fund  account,  to  any miscellaneous special
revenue fund.
  6. Upon request of the commissioner of health up  to  $5,000,000  from
revenues  credited  to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
  S 3-a.  Employees of the division of military and naval affairs in the
unclassified service of the state, who are substantially engaged in  the
performance of duties to support business and financial services, admin-
istrative services, payroll administration, time and attendance, benefit
administration and other transactional human resources functions, may be
transferred  to  the  office  of general services in accordance with the
provisions of section 45 of the civil service law as if  the  state  had
taken  over a private entity. No employee who is transferred pursuant to
this act shall suffer a reduction in basic annual salary as a result  of
the transfer.
  S  4.  Notwithstanding  section  2815  of the public health law or any
other contrary provision of law, upon the direction of the  director  of
the  budget  and  the commissioner of health, the dormitory authority of
the state of New York is directed to transfer $7,000,000  annually  from
funds  available  and  uncommitted  in  the  New  York state health care
restructuring pool to the health care reform act (HCRA) resources fund -
HCRA resources account.
  S 5. On or before March 31, 2015, the comptroller is hereby authorized
and directed to deposit earnings that  would  otherwise  accrue  to  the
general  fund  that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal  service  fund,  banking
services  account  (55057),  for  the purpose of meeting direct payments
from such account.
  S 6. Notwithstanding any law to the contrary, upon  the  direction  of
the  director of the budget and upon requisition by the state university
of New York, the dormitory  authority  of  the  state  of  New  York  is
directed  to  transfer, up to $22,000,000 in revenues generated from the
sale of notes or  bonds,  to  the  state  university  of  New  York  for
reimbursement  of bondable equipment for further transfer to the state's
general fund.
  S 7. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon  consultation  with  the  state university chancellor or his or her
designee, on or before March 31, 2015, up to $16,000,000 from the  state
university  income  fund  general  revenue  account (22653) to the state
general fund for debt service costs related to campus supported  capital
project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
University at Buffalo.
  S 8. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon  consultation  with  the  state university chancellor or his or her

S. 6355--D                         52                         A. 8555--D

designee, on or before March 31, 2015, up to $6,500,000 from  the  state
university  income  fund  general  revenue  account (22653) to the state
general fund for debt service costs related to campus supported  capital
project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
University at Albany.
  S 9. Notwithstanding any law to the  contrary,  the  state  university
chancellor or his or her designee is authorized and directed to transfer
estimated  tuition revenue balances from the state university collection
fund (61000) to the  state  university  income  fund,  state  university
general revenue offset account (22655) on or before March 31, 2015.
  S  10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $87,764,000 from the general fund  to  the  state  university  income
fund,  state  university  hospitals  income reimbursable account (22656)
during the period July 1, 2014 through June 30, 2015 to reflect  ongoing
state  subsidy  of  SUNY  hospitals and to pay costs attributable to the
SUNY hospitals' state agency status.
  S 11. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to  $976,161,900  from  the  general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2014 through June 30, 2015 to  support  operations  at
the state university.
  S  12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university  chancel-
lor  or his or her designee, up to $50,000,000 from the state university
income fund, state  university  hospitals  income  reimbursable  account
(22656),  for  services  and expenses of hospital operations and capital
expenditures at the state university hospitals; and the state university
income fund, Long Island veterans' home account  (22652)  to  the  state
university capital projects fund (32400) on or before June 30, 2015.
  S  13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after  consultation
with  the  state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance,  from
the  state  university  collection fund, Stony Brook hospital collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university  income
fund,  state university hospitals income reimbursable account (22656) in
the event insufficient funds  are  available  in  the  state  university
income  fund,  state  university  hospitals  income reimbursable account
(22656) to permit the full transfer of moneys authorized  for  transfer,
to  the  general  fund  for  payment of debt service related to the SUNY
hospitals. Notwithstanding any law to the contrary, the  comptroller  is
also  hereby  authorized and directed, after consultation with the state
university chancellor or his or her designee, to  transfer  moneys  from
the  state  university  income fund to the state university income fund,
state university hospitals income reimbursable account  (22656)  in  the
event  insufficient  funds  are available in the state university income
fund, state university hospitals income reimbursable account (22656)  to
pay  hospital  operating  costs or to permit the full transfer of moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2015.

S. 6355--D                         53                         A. 8555--D

  S 14. Notwithstanding any law to the contrary, upon the  direction  of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state  finance law, the comptroller is hereby authorized and directed to
transfer  monies from the state university dormitory income fund (40350)
to the state university residence hall rehabilitation fund (30100),  and
from  the state university residence hall rehabilitation fund (30100) to
the state university dormitory income fund (40350), in an amount not  to
exceed in the aggregate $80 million.
  S  15. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer monies, upon request of  the  director  of  the
budget,  on  or  before March 31, 2015, from and to any of the following
accounts: the miscellaneous special revenue fund, patient income account
(21909), the miscellaneous special revenue fund, mental hygiene  program
fund  account  (21907),  the miscellaneous special revenue fund, federal
salary sharing account (22056) or the general fund in  any  combination,
the aggregate of which shall not exceed $350 million.
  S  16. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $500 million from the unencumbered balance of any special revenue
fund or account, or combination of funds and accounts,  to  the  general
fund. The amounts transferred pursuant to this authorization shall be in
addition  to  any  other  transfers  expressly authorized in the 2014-15
budget. Transfers  from  federal  funds,  debt  service  funds,  capital
projects  funds, the community projects fund, or funds that would result
in the loss of eligibility for federal benefits or federal funds  pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the  laws  of 1938 and chapter 700 of the laws of 1951 are not permitted
pursuant to this authorization.
  S 16-a. Notwithstanding any law to the  contrary,  and  in  accordance
with  section  4  of  the  state  finance law, the comptroller is hereby
authorized and directed to transfer, at the request of the  director  of
the  budget,  up  to twenty-eight million dollars ($28,000,000) from the
unencumbered balance of any special revenue fund or account, or combina-
tion of funds and accounts, to the community projects fund. The  amounts
transferred  pursuant  to this authorization shall be in addition to any
other transfers expressly authorized in the  2014-15  budget.  Transfers
from  federal  funds,  debt  services  funds, capital projects funds, or
funds that would result in the loss of eligibility for federal  benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed  to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization. The  director  of
the budget shall (a) have received a request in writing from one or both
houses of the legislature, and (b) notify both houses of the legislature
in writing prior to initiating transfers pursuant to this authorization.
The  comptroller  shall provide the director of the budget, the chair of
the senate finance committee, and the chair of  the  assembly  ways  and
means  committee with an accurate accounting and report of any transfers
that occur pursuant to this section on or before the  fifteenth  day  of
the following month in which such transfers occur.
  S  17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $100 million from any non-general fund or account, or combination

S. 6355--D                         54                         A. 8555--D

of funds and accounts, to the miscellaneous special revenue fund,  tech-
nology  financing  account (22207) or the miscellaneous capital projects
fund, information technology capital financing account, for the  purpose
of  consolidating  technology  procurement  and  services.   The amounts
transferred  to  the  miscellaneous  special  revenue  fund,  technology
financing  account (22207) pursuant to this authorization shall be equal
to or less than the amount of such monies intended to  support  informa-
tion  technology  costs  which are attributable, according to a plan, to
such account made in pursuance to an appropriation by law. Transfers  to
the  technology  financing  account  shall  be  completed  from  amounts
collected by non-general funds or accounts pursuant to  a  fund  deposit
schedule or permanent statute, and shall be transferred to the technolo-
gy  financing account pursuant to a schedule agreed upon by the affected
agency commissioner. Transfers from funds that would result in the  loss
of eligibility for federal benefits or federal funds pursuant to federal
law,  rule,  or  regulation as assented to in chapter 683 of the laws of
1938 and chapter 700 of the laws of 1951 are not permitted  pursuant  to
this authorization.
  S  18. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $300 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the  purpose  of  consol-
idating  technology  procurement  and  services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information  technology  costs  which
are attributable, according to a plan, to such account made in pursuance
to  an  appropriation  by  law.  Transfers  to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule. Transfers from funds that  would  result
in  the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
pursuant to this authorization.
  S 19.  Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to (i) make a contribution to the
state  treasury  to  the  credit  of  the  general fund, or as otherwise
directed in writing by the director of the budget, in an amount of up to
$90,000,000 for the state fiscal year  commencing  April  1,  2014,  the
proceeds of which will be utilized to support energy-related initiatives
of the state, or for economic development purposes, and (ii) transfer up
to $25,000,000 of any such contribution by June 30, 2014 and the remain-
der  of  any such contribution by March 31, 2015. Such economic develop-
ment purposes may include, but shall  not  be  limited  to,  efforts  to
attract  and  expand  business  investment  and job creation in New York
state through the Open for Business program, provided that in the  event
any contributed funds are used by a state agency or public authority for
the purpose of advertising and promoting the benefits of the START-UP NY
program,  no  less  than sixty percent of the contributed funds used for
such purpose shall be used for advertising  and  promotion  outside  the
state of New York.
  S  20.  Subdivision  5  of section 97-rrr of the state finance law, as
amended by section 20 of part HH of chapter 57 of the laws of  2013,  is
amended to read as follows:

S. 6355--D                         55                         A. 8555--D

  5. Notwithstanding the provisions of section one hundred seventy-one-a
of  the  tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred  eight-
y-one,  and notwithstanding the provisions of chapter ninety-four of the
laws  of  two  thousand  eleven,  or  any other provisions of law to the
contrary, during the fiscal year beginning  April  first,  two  thousand
[thirteen]  FOURTEEN,  the  state  comptroller  is hereby authorized and
directed to deposit to the fund created pursuant to  this  section  from
amounts  collected  pursuant  to  article  twenty-two of the tax law and
pursuant to a schedule submitted by the director of the  budget,  up  to
[$3,419,375,000] $3,429,375,000, as may be certified in such schedule as
necessary  to  meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [thirteen] FOURTEEN.
  S 21. The comptroller is authorized and directed  to  deposit  to  the
general fund-state purposes account reimbursements from moneys appropri-
ated  or  reappropriated to the correctional facilities capital improve-
ment fund by a chapter of the laws  of  2014.  Reimbursements  shall  be
available  for  spending  from  appropriations made to the department of
corrections and community supervision in the general fund-state purposes
accounts by a chapter of the laws of 2014 for costs associated with  the
administration  and  security  of  capital  projects and for other costs
which are attributable, according to a plan, to such capital projects.
  S 22. Subdivision 6 of section 4 of the state finance law, as  amended
by section 18 of part U of chapter 59 of the laws of 2012, is amended to
read as follows:
  6.  Notwithstanding  any  law to the contrary, at the beginning of the
state fiscal year,  the  state  comptroller  is  hereby  authorized  and
directed  to  receive  for  deposit  to  the  credit of a fund and/or an
account such monies as are identified by the director of the  budget  as
having been intended for such deposit to support disbursements from such
fund  and/or  account  made  in pursuance of an appropriation by law. As
soon as practicable upon enactment of the budget, the  director  of  the
budget  shall,  but  not  less  than  three  days  following preliminary
submission to the chairs of the senate finance committee and the  assem-
bly  ways  and means committee, file with the state comptroller an iden-
tification of specific monies to be so deposited. Any subsequent  change
regarding  the  monies to be so deposited shall be filed by the director
of the budget, as soon as practicable, but  not  less  than  three  days
following  preliminary  submission  to  the chairs of the senate finance
committee and the assembly ways and means committee.
  All monies identified by the director of the budget to be deposited to
the credit of a fund and/or account shall be consistent with the  intent
of  the  budget for the then current state fiscal year as enacted by the
legislature.
  The provisions of this subdivision shall expire on March thirty-first,
two thousand [fourteen] SIXTEEN.
  S 23. Subdivision 4 of section 40 of the state finance law, as amended
by section 19 of part U of chapter 59 of the laws of 2012, is amended to
read as follows:
  4. Every appropriation made from a fund or account to a department  or
agency shall be available for the payment of prior years' liabilities in
such fund or account for fringe benefits, indirect costs, and telecommu-
nications  expenses  and  expenses  for  other centralized services fund
programs without limit. Every appropriation shall also be available  for
the  payment  of  prior  years'  liabilities  other than those indicated

S. 6355--D                         56                         A. 8555--D

above, but only to the extent of one-half of one percent  of  the  total
amount appropriated to a department or agency in such fund or account.
  The  provisions  of  this subdivision shall expire March thirty-first,
two thousand [fourteen] SIXTEEN.
  S 23-a. The state finance law is amended by adding a new section  99-v
to read as follows:
  S  99-V.  MORTGAGE  SETTLEMENT PROCEEDS TRUST FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
COMMISSIONER  OF  TAXATION  AND FINANCE A TRUST AND AGENCY FUND KNOWN AS
THE "MORTGAGE SETTLEMENT PROCEEDS TRUST FUND".
  2. SUCH FUND SHALL CONSIST OF MONIES PAID PURSUANT TO  THE  SETTLEMENT
AGREEMENT  DATED NOVEMBER NINETEENTH, TWO THOUSAND THIRTEEN BETWEEN J.P.
MORGAN SECURITIES LLC (F/K/A "BEAR, STEARNS & CO. INC."), JPMORGAN CHASE
BANK, N.A., EMC MORTGAGE LLC (F/K/A "EMC MORTGAGE CORPORATION") AND  THE
PEOPLE OF THE STATE OF NEW YORK AND THAT WERE TRANSFERRED THERETO PURSU-
ANT  TO  LAW FROM THE DEPARTMENT OF LAW RESTITUTION FUND AND THE GENERAL
FUND.
  3. UP TO $439,549,965 OF THE MONIES OF THE FUND SHALL  BE  DISTRIBUTED
IN  ACCORDANCE  WITH  A  PLAN  APPROVED IN A MEMORANDUM OF UNDERSTANDING
EXECUTED BY THE DIRECTOR OF THE BUDGET, THE SPEAKER OF THE ASSEMBLY, AND
THE TEMPORARY PRESIDENT OF THE SENATE, OR THEIR DESIGNEE,  IN  CONSULTA-
TION  WITH  THE  COMMISSIONER  OF  THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL, TO PROVIDE COMPENSATION TO THE STATE OF NEW YORK AND ITS COMMU-
NITIES FOR HARMS PURPORTEDLY CAUSED BY THE ALLEGEDLY UNLAWFUL CONDUCT OF
J.P. MORGAN SECURITIES LLC (F/K/A "BEAR, STERNS & CO.  INC."),  JPMORGAN
CHASE  BANK,  N.A.,  EMC MORTGAGE LLC (F/K/A "EMC MORTGAGE CORPORATION")
FOR PURPOSES INTENDED TO AVOID PREVENTABLE FORECLOSURES,  TO  AMELIORATE
THE  EFFECTS  OF  THE  FORECLOSURE  CRISIS,  TO  ENHANCE LAW ENFORCEMENT
EFFORTS TO PREVENT AND PROSECUTE FINANCIAL FRAUD OR UNFAIR OR  DECEPTIVE
ACTS OR PRACTICES, AND TO OTHERWISE PROMOTE THE INTERESTS OF THE INVEST-
ING  PUBLIC.  SUCH  PERMISSIBLE  PURPOSES  FOR  ALLOCATION  OF THE FUNDS
INCLUDE, BUT ARE NOT LIMITED TO, PROVIDING FUNDING FOR  HOUSING  COUNSE-
LORS,  STATE  AND LOCAL FORECLOSURE ASSISTANCE HOTLINES, STATE AND LOCAL
FORECLOSURE MEDIATION PROGRAMS, LEGAL  ASSISTANCE,  HOUSING  REMEDIATION
AND  ANTI-BLIGHT  PROJECTS,  AND  FOR  THE TRAINING AND STAFFING OF, AND
CAPITAL  EXPENDITURES  REQUIRED  BY,  FINANCIAL   FRAUD   AND   CONSUMER
PROTECTION  EFFORTS, AND FOR ANY OTHER PURPOSE CONSISTENT WITH THE TERMS
OF THE SETTLEMENT AGREEMENT  DATED  NOVEMBER  NINETEENTH,  TWO  THOUSAND
THIRTEEN  BETWEEN J.P. MORGAN SECURITIES LLC (F/K/A "BEAR, STEARNS & CO.
INC."), JPMORGAN CHASE BANK, N.A., EMC MORTGAGE LLC (F/K/A "EMC MORTGAGE
CORPORATION") AND THE PEOPLE OF THE STATE OF NEW YORK.
  4. UP TO $81,500,234 OF THE MONIES OF THE FUND SHALL BE DISTRIBUTED IN
ACCORDANCE WITH A PLAN DEVELOPED BY  THE  ATTORNEY  GENERAL  TO  PROVIDE
COMPENSATION  TO  THE  STATE  OF  NEW YORK AND ITS COMMUNITIES FOR HARMS
PURPORTEDLY CAUSED BY THE ALLEGEDLY  UNLAWFUL  CONDUCT  OF  J.P.  MORGAN
SECURITIES  LLC (F/K/A "BEAR, STEARNS & CO. INC."), JPMORGAN CHASE BANK,
N.A., EMC MORTGAGE LLC (F/K/A "EMC MORTGAGE CORPORATION"), FOR  PURPOSES
INTENDED TO AVOID PREVENTABLE FORECLOSURES, TO AMELIORATE THE EFFECTS OF
THE  FORECLOSURE  CRISIS,  TO ENHANCE LAW ENFORCEMENT EFFORTS TO PREVENT
AND PROSECUTE FINANCIAL FRAUD OR UNFAIR OR DECEPTIVE ACTS OR  PRACTICES,
AND  TO  OTHERWISE  PROMOTE  THE INTERESTS OF THE INVESTING PUBLIC. SUCH
PERMISSIBLE PURPOSES FOR ALLOCATION OF THE FUNDS INCLUDE,  BUT  ARE  NOT
LIMITED  TO,  PROVIDING  FUNDING FOR HOUSING COUNSELORS, STATE AND LOCAL
FORECLOSURE ASSISTANCE HOTLINES, STATE AND LOCAL  FORECLOSURE  MEDIATION
PROGRAMS,   LEGAL   ASSISTANCE,   HOUSING  REMEDIATION  AND  ANTI-BLIGHT
PROJECTS, AND FOR THE TRAINING AND STAFFING OF, AND CAPITAL EXPENDITURES

S. 6355--D                         57                         A. 8555--D

REQUIRED BY, FINANCIAL FRAUD AND CONSUMER PROTECTION  EFFORTS,  AND  FOR
ANY  OTHER PURPOSE CONSISTENT WITH THE TERMS OF THE SETTLEMENT AGREEMENT
DATED NOVEMBER 19, 2013 BETWEEN J.P. MORGAN SECURITIES LLC (F/K/A "BEAR,
STEARNS  & CO. INC.") JPMORGAN CHASE BANK, N.A., EMC MORTGAGE LLC (F/K/A
"EMC MORTGAGE CORPORATION") AND THE PEOPLE OF THE STATE OF NEW YORK.
  S 23-b 1. Notwithstanding any law to the contrary, and  in  accordance
with  article  VII, section 7 of the New York constitution, and subdivi-
sion 1 of section 4 and section 121 of the state finance law, the attor-
ney general is hereby authorized and  directed  to  transfer,  upon  the
request  of the director of the budget, on or before April 15, 2014, the
following amounts paid pursuant to the settlement agreement dated Novem-
ber 19, 2013 between J.P. Morgan Securities LLC (f/k/a "Bear, Stearns  &
Co. Inc.") JPMorgan Chase Bank, N.A., EMC Mortgage LLC (f/k/a "EMC Mort-
gage  Corporation") and the People of the State of New York ("Settlement
Agreement"): $531,500,234 from the department of law restitution fund to
the mortgage settlement proceeds trust fund.
  2. Notwithstanding any law to the contrary,  and  in  accordance  with
article  VII,  section 7 of the New York constitution, and subdivision 1
of section 4 and section 121 of the state finance law,  the  comptroller
is  hereby  authorized and directed to transfer, upon the request of the
director of the budget, on or  before  April  15,  2014,  the  following
amounts  paid pursuant to the Settlement Agreement: $58,000,000 from the
general fund to the mortgage settlement proceeds trust fund.
  3. Notwithstanding any law to the contrary, the comptroller is  hereby
authorized and directed to transfer, upon the request of the director of
the  budget,  as soon as practicable after November 1, 2014, $22,816,678
from the mortgage settlement proceeds trust fund to the general fund.
  4. Notwithstanding any law to the contrary, the comptroller is  hereby
authorized and directed to transfer, upon the request of the director of
the  budget,  as soon as practicable after November 1, 2015, $22,816,678
from the mortgage settlement proceeds trust fund to the general fund.
  5. Notwithstanding any law to the contrary, the comptroller is  hereby
authorized and directed to transfer, upon the request of the director of
the  budget,  as soon as practicable after November 1, 2016, $22,816,678
from the mortgage settlement proceeds trust fund to the general fund.
  S 24. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary, the state comptroller is hereby authorized and directed to use
any  balance  remaining  in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical  care  facilities  finance  agency,  and  the
facilities development corporation pursuant to chapter 83 of the laws of
1995  and  the  department  of  mental hygiene for the purpose of making
payments to the dormitory authority of the state of  New  York  for  the
amount  of  the  earnings  for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to  the  provisions  of
the  internal  revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal  income  taxation  on  the
interest paid to the holders of such agency's mental services facilities
improvement  revenue bonds.   Annually on or before each June 30th, such
agency shall certify to the state comptroller its determination  of  the
amounts  received  in the mental health services fund as a result of the
investment of monies deposited therein that  will  or  may  have  to  be

S. 6355--D                         58                         A. 8555--D

rebated  to  the  federal  government  pursuant to the provisions of the
internal revenue code of 1986, as amended.
  S 25. Section 68-b of the state finance law is amended by adding a new
subdivision 12 to read as follows:
  12.  THE  COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE AUTHOR-
IZED ISSUERS ANY PORTION OF BOND PROCEEDS PAID TO PROVIDE FUNDS  FOR  OR
REIMBURSE  THE  STATE  FOR  ITS  COSTS  ASSOCIATED  WITH SUCH AUTHORIZED
PURPOSES AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND OR  ANY
OTHER APPROPRIATE FUND.
  S 26. Section 69-n of the state finance law is amended by adding a new
subdivision 12 to read as follows:
  12.  THE  COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE AUTHOR-
IZED ISSUERS ANY PORTION OF BOND PROCEEDS PAID TO PROVIDE FUNDS  FOR  OR
REIMBURSE  THE  STATE  FOR  ITS  COSTS  ASSOCIATED  WITH SUCH AUTHORIZED
PURPOSES AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND OR  ANY
OTHER APPROPRIATE FUND.
  S  27.  Paragraph  (b)  of  subdivision  4  of section 72 of the state
finance law, as amended by section 37 of part U of  chapter  59  of  the
laws of 2012, is amended to read as follows:
  (b)  On  or  before the beginning of each quarter, the director of the
budget may certify to the state  comptroller  the  estimated  amount  of
monies  that  shall be reserved in the general debt service fund for the
payment of debt service and related expenses payable by such fund during
each month of the state fiscal year, excluding  payments  due  from  the
revenue  bond tax fund. Such certificate may be periodically updated, as
necessary. Notwithstanding any provision of law  to  the  contrary,  the
state  comptroller  shall  reserve  in the general debt service fund the
amount of monies identified on such certificate  as  necessary  for  the
payment  of debt service and related expenses during the current or next
succeeding quarter of the state fiscal year. Such monies reserved  shall
not  be  available  for  any  other  purpose.  Such certificate shall be
reported to the chairpersons of the Senate  Finance  Committee  and  the
Assembly  Ways  and  Means  Committee.  The provisions of this paragraph
shall expire June thirtieth, two thousand [fourteen] SEVENTEEN.
  S 28. Section 47 of section 1 of chapter 174  of  the  laws  of  1968,
constituting  the  New  York state urban development corporation act, as
added by section 47 of part HH of chapter 57 of the  laws  of  2013,  is
amended to read as follows:
  S  47.  1.  Notwithstanding  the  provisions  of  any other law to the
contrary, the dormitory authority and the corporation are hereby author-
ized to issue bonds or notes in one or more series for  the  purpose  of
funding project costs for the office of information technology services,
DEPARTMENT  OF  LAW,  and other state costs associated with such capital
projects.   The aggregate principal amount of  bonds  authorized  to  be
issued  pursuant  to  this  section  shall not exceed [eighty-seven] ONE
HUNDRED EIGHTY-TWO million [seven] FOUR hundred forty thousand  dollars,
excluding  bonds  issued to fund one or more debt service reserve funds,
to pay costs of issuance of such bonds, and bonds  or  notes  issued  to
refund  or  otherwise  repay such bonds or notes previously issued. Such
bonds and notes of the dormitory authority and the corporation shall not
be a debt of the state, and the state shall not be liable  thereon,  nor
shall  they be payable out of any funds other than those appropriated by
the state to the dormitory authority and the corporation for  principal,
interest,  and  related expenses pursuant to a service contract and such
bonds and notes shall contain on the face thereof a  statement  to  such
effect. Except for purposes of complying with the internal revenue code,

S. 6355--D                         59                         A. 8555--D

any  interest  income  earned on bond proceeds shall only be used to pay
debt service on such bonds.
  2.  Notwithstanding  any  other  provision  of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the office of information  tech-
nology  services,  DEPARTMENT  OF  LAW, and other state costs associated
with such capital projects, the director of the budget is hereby author-
ized to enter into one or more  service  contracts  with  the  dormitory
authority  and  the corporation, none of which shall exceed thirty years
in duration, upon such terms and conditions as the director of the budg-
et and the dormitory authority and the corporation agree, so as to annu-
ally provide to the dormitory authority  and  the  corporation,  in  the
aggregate,  a  sum  not  to  exceed the principal, interest, and related
expenses required for such bonds and notes. Any service contract entered
into pursuant to this section shall provide that the obligation  of  the
state  to pay the amount therein provided shall not constitute a debt of
the  state  within  the  meaning  of  any  constitutional  or  statutory
provision  and  shall  be  deemed executory only to the extent of monies
available and that no liability shall be incurred by  the  state  beyond
the  monies  available for such purpose, subject to annual appropriation
by the legislature. Any such contract or any payments made or to be made
thereunder may be assigned and pledged by the  dormitory  authority  and
the  corporation  as  security for its bonds and notes, as authorized by
this section.
  S 29. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating  to  the  financing  of  the  correctional  facilities
improvement  fund and the youth facility improvement fund, as amended by
section 49 of part HH of chapter 57 of the laws of 2013, is  amended  to
read as follows:
  1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes  and  other  obligations  in  an
aggregate  principal  amount  not  to  exceed  seven billion one hundred
[thirty-three]   FORTY-EIGHT   million   sixty-nine   thousand   dollars
[$7,133,069,000]  $7,148,069,000, and shall include all bonds, notes and
other obligations issued pursuant to chapter 56 of the laws of 1983,  as
amended  or  supplemented.  The  proceeds  of such bonds, notes or other
obligations shall be paid to the state, for deposit in the  correctional
facilities capital improvement fund to pay for all or any portion of the
amount  or  amounts paid by the state from appropriations or reappropri-
ations made to the department of corrections and  community  supervision
from  the  correctional  facilities capital improvement fund for capital
projects. The aggregate amount of  bonds,  notes  or  other  obligations
authorized  to  be  issued pursuant to this section shall exclude bonds,
notes or other obligations issued to refund or  otherwise  repay  bonds,
notes  or  other  obligations  theretofore issued, the proceeds of which
were paid to the state for all or a portion of the amounts  expended  by
the state from appropriations or reappropriations made to the department
of  corrections  and community supervision; provided, however, that upon
any such refunding or repayment the total aggregate principal amount  of
outstanding  bonds, notes or other obligations may be greater than seven
billion one hundred [thirty-three] FORTY-EIGHT million sixty-nine  thou-
sand  dollars [$7,133,069,000] $7,148,069,000, only if the present value
of the aggregate debt service of the refunding or repayment bonds, notes
or other obligations to be issued shall not exceed the present value  of

S. 6355--D                         60                         A. 8555--D

the  aggregate  debt service of the bonds, notes or other obligations so
to be refunded or repaid. For the purposes hereof, the present value  of
the aggregate debt service of the refunding or repayment bonds, notes or
other  obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded  or  repaid,  shall  be  calculated  by
utilizing  the  effective  interest  rate  of the refunding or repayment
bonds, notes or other obligations, which shall be that rate  arrived  at
by  doubling  the  semi-annual  interest rate (compounded semi-annually)
necessary to discount the debt service  payments  on  the  refunding  or
repayment bonds, notes or other obligations from the payment dates ther-
eof  to  the date of issue of the refunding or repayment bonds, notes or
other obligations and to  the  price  bid  including  estimated  accrued
interest  or  proceeds  received  by the corporation including estimated
accrued interest from the sale thereof.
  S 30. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
housing  finance  law, as amended by section 50 of part HH of chapter 57
of the laws of 2013, is amended to read as follows:
  (a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage  the  promotion  of  housing
programs  and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby  author-
ized  from  time  to  time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to  provide  suffi-
cient  funds  for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making  capital  appropri-
ations  or  reappropriations  for  the  purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in  an
aggregate  principal  amount  not  exceeding  two billion [eight hundred
forty-four] NINE HUNDRED NINETY-NINE million [eight hundred] ninety-nine
thousand dollars, plus a principal amount of bonds issued  to  fund  the
debt  service  reserve  fund in accordance with the debt service reserve
fund requirement established  by  the  agency  and  to  fund  any  other
reserves  that the agency reasonably deems necessary for the security or
marketability of such bonds and to provide for the payment of  fees  and
other  charges  and  expenses, including underwriters' discount, trustee
and rating agency fees, bond insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No  reserve
fund securing the housing program bonds shall be entitled or eligible to
receive  state  funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the  extent  of
any  deficiency  resulting  directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
  S 31. Subdivision (b) of section 11 of 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, as amended
by section 51 of part HH of chapter 57 of the laws of 2013,  is  amended
to read as follows:
  (b) Any service contract or contracts for projects authorized pursuant
to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide  for  state  commitments  to  provide
annually  to  the  thruway  authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to  fund  OR  TO  REIMBURSE  THE

S. 6355--D                         61                         A. 8555--D

STATE  FOR  FUNDING  such  projects  having  a  cost  not  in  excess of
[$7,591,875,000] $8,120,728,000 cumulatively by the end of  fiscal  year
[2013-14] 2014-15.
  S  32.  Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 52 of part HH of chapter 57 of the laws  of  2013,
is amended to read as follows:
  1.  The  dormitory  authority  is  authorized  to  issue bonds, at the
request of the commissioner of education, to  finance  eligible  library
construction projects pursuant to section two hundred seventy-three-a of
the  education  law,  in  amounts  certified by such commissioner not to
exceed a total principal amount of  [one  hundred  twelve]  ONE  HUNDRED
TWENTY-SIX million dollars.
  S  33.  Subdivision  (a)  of section 27 of part Y of chapter 61 of the
laws of 2005, providing for the  administration  of  certain  funds  and
accounts  related  to  the 2005-2006 budget, as amended by section 53 of
part HH of chapter 57 of the  laws  of  2013,  is  amended  to  read  as
follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban  devel-
opment  corporation  is hereby authorized to issue bonds or notes in one
or  more  series  in  an  aggregate  principal  amount  not  to   exceed
[$133,600,000]  $149,600,000,  excluding  bonds issued to finance one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise  repay  such  bonds  or
notes  previously  issued, for the purpose of financing capital projects
INCLUDING IT INITIATIVES for the division of state police, debt  service
and  leases;  and  to reimburse the state general fund for disbursements
made therefor. Such bonds and notes of such authorized issuer shall  not
be  a  debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated  by
the  state  to  such  authorized  issuer  for  debt  service and related
expenses pursuant to any service contract executed pursuant to  subdivi-
sion  (b)  of this section and such bonds and notes shall contain on the
face thereof a statement to such effect. Except for purposes of  comply-
ing  with  the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
  S 34. Section 44 of section 1 of chapter 174  of  the  laws  of  1968,
constituting  the  New  York state urban development corporation act, as
amended by section 54 of part HH of chapter 57 of the laws of  2013,  is
amended to read as follows:
  S  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one  or
more  series  for  the purpose of funding project costs for the regional
economic development council  initiative,  the  economic  transformation
program,  state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo  or  surrounding  envi-
rons,  the  New  York  works economic development fund, projects for the
retention of professional football in western New York, the empire state
economic [devlopment] DEVELOPMENT fund,  THE  CLARKSON-TRUDEAU  PARTNER-
SHIP,  THE  NEW  YORK  GENOME  CENTER, THE CORNELL UNIVERSITY COLLEGE OF
VETERINARY MEDICINE,  THE  OLYMPIC  REGIONAL  DEVELOPMENT  AUTHORITY,  A
PROJECT  AT  NANO  UTICA,  ONONDAGA  COUNTY REVITALIZATION PROJECTS, and
other state costs associated with such projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this  section  shall
not exceed [one] TWO billion TWO HUNDRED three million [six] TWO hundred

S. 6355--D                         62                         A. 8555--D

[seven] FIFTY-SEVEN thousand dollars, excluding bonds issued to fund one
or  more  debt  service  reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or  notes  previously  issued.  Such  bonds  and  notes of the dormitory
authority and the corporation shall not be a debt of the state, and  the
state  shall not be liable thereon, nor shall they be payable out of any
funds other than those  appropriated  by  the  state  to  the  dormitory
authority  and  the  corporation  for  principal,  interest, and related
expenses pursuant to a service contract and such bonds and  notes  shall
contain  on  the  face  thereof  a  statement to such effect. Except for
purposes of complying with  the  internal  revenue  code,  any  interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  2.  Notwithstanding  any  other  provision  of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional  economic  develop-
ment  council  initiative,  the  economic  transformation program, state
university of New York college for nanoscale  and  science  engineering,
projects  within  the  city  of Buffalo or surrounding environs, the New
York works economic development fund,  projects  for  the  retention  of
professional  football  in  western  New York, the empire state economic
development fund, THE CLARKSON-TRUDEAU PARTNERSHIP, THE NEW YORK  GENOME
CENTER, THE CORNELL UNIVERSITY COLLEGE OF VETERINARY MEDICINE, THE OLYM-
PIC  REGIONAL  DEVELOPMENT  AUTHORITY, A PROJECT AT NANO UTICA, ONONDAGA
COUNTY REVITALIZATION PROJECTS, and other state  costs  associated  with
such  projects, the director of the budget is hereby authorized to enter
into one or more service contracts with the dormitory authority and  the
corporation,  none  of which shall exceed thirty years in duration, upon
such terms and conditions as the director of the budget and the dormito-
ry authority and the corporation agree, so as to annually provide to the
dormitory authority and the corporation, in the aggregate, a sum not  to
exceed  the  principal, interest, and related expenses required for such
bonds and notes. Any service contract  entered  into  pursuant  to  this
section shall provide that the obligation of the state to pay the amount
therein  provided  shall  not  constitute a debt of the state within the
meaning of any constitutional or statutory provision and shall be deemed
executory only to the extent of monies available and that  no  liability
shall  be  incurred  by  the  state beyond the monies available for such
purpose, subject to annual appropriation by the  legislature.  Any  such
contract  or  any payments made or to be made thereunder may be assigned
and pledged by the dormitory authority and the corporation  as  security
for its bonds and notes, as authorized by this section.
  S  35.  Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 55 of part HH of chapter 57 of the laws  of  2013,
is amended to read as follows:
  3.  The  maximum amount of bonds that may be issued for the purpose of
financing  environmental  infrastructure  projects  authorized  by  this
section   shall   be   one  billion  [two]  THREE  hundred  [sixty-five]
NINETY-EIGHT million [seven] TWO hundred sixty thousand dollars,  exclu-
sive  of  bonds issued to fund any debt service reserve funds, pay costs
of issuance of such bonds, and bonds or notes issued to refund or other-
wise repay bonds or notes previously issued. Such bonds and notes of the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any  funds  other  than
those  appropriated by the state to the corporation for debt service and
related expenses pursuant to any service contracts executed pursuant  to

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subdivision  one of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
  S 36. Section 93-a of the state finance law, as added by section 64 of
part  HH  of  chapter  57  of  the  laws  of 2013, is amended to read as
follows:
  S 93-a. New York state storm recovery capital fund. 1.  (a)  There  is
hereby  established  in  the  joint  custody  of the comptroller and the
commissioner of taxation and finance a special fund to be known  as  the
"New York state storm recovery capital fund".
  (b)  The sources of funds shall consist of all moneys collected there-
for, or moneys credited, appropriated or transferred  thereto  from  any
other fund or source pursuant to law, or any other moneys made available
for  the purposes of the fund. [Any interest received by the comptroller
on moneys on deposit shall be retained in and become a part of the fund,
unless otherwise directed by law.]
  2. Following appropriation by the legislature,  moneys  in  the  storm
recovery  capital  fund  shall be available [to finance] FOR the repair,
rehabilitation, or replacement of capital works or purposes  damaged  by
Hurricane  Sandy  or any future natural disaster expected to be eligible
for reimbursement by the Federal Emergency Management Agency (FEMA), the
Federal Transit Administration (FTA), the Federal Highway Administration
(FHWA) [and] AND/OR any other Federal reimbursement source. No money  in
this account may be expended for any project [until] UNLESS the director
of  the  budget  OR  HIS  OR HER DESIGNEE has determined that there is a
substantial likelihood that the costs of such project  shall  be  [reim-
bursed]  ELIGIBLE  FOR  REIMBURSEMENT  by Federal sources. [The director
shall issue formal rules that set forth the process by which he  or  she
will  determine  whether there is a substantial likelihood of reimburse-
ment by Federal sources.]
  S 37. Subdivision 1 of section 45 of section 1 of chapter 174  of  the
laws  of  1968, constituting the New York state urban development corpo-
ration act, as amended by section 65 of part HH of  chapter  57  of  the
laws of 2013, is amended to read as follows:
  1.  Notwithstanding  the  provisions of any other law to the contrary,
the urban development corporation of the state of  New  York  is  hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the implementation of a NY-SUNY and NY-CUNY
2020  challenge  grant  program subject to the approval of a NY-SUNY and
NY-CUNY 2020 plan or plans by the governor and either the chancellor  of
the state university of New York or the chancellor of the city universi-
ty  of  New York, as applicable. The aggregate principal amount of bonds
authorized to be issued  pursuant  to  this  section  shall  not  exceed
[$220,000,000]  $330,000,000, excluding bonds issued to fund one or more
debt service reserve funds, to pay costs of issuance of such bonds,  and
bonds  or  notes issued to refund or otherwise repay such bonds or notes
previously issued. Such bonds and notes of the corporation shall not  be
a  debt  of  the  state,  and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated  by
the  state  to  the  corporation  for  principal,  interest, and related
expenses pursuant to a service contract and such bonds and  notes  shall
contain  on  the  face  thereof  a  statement to such effect. Except for
purposes of complying with  the  internal  revenue  code,  any  interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  S  38.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
laws of 2002, providing for the  administration  of  certain  funds  and

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accounts  related  to  the 2002-2003 budget, as amended by section 68 of
part HH of chapter 57 of the  laws  of  2013,  is  amended  to  read  as
follows:
  (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of  the  urban  development
corporation  act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an  aggregate  principal  amount  not  to
exceed  [$67,000,000] $197,000,000 excluding bonds issued to fund one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise  repay  such  bonds  or
notes  previously  issued,  for  the  purpose of financing capital costs
related to homeland security and training facilities for the division of
state police, the division of military and naval affairs, and any  other
state agency, including the reimbursement of any disbursements made from
the state capital projects fund, and is hereby authorized to issue bonds
or  notes  in one or more series in an aggregate principal amount not to
exceed [$220,800,000] $317,800,000, excluding bonds issued to  fund  one
or  more  debt  service  reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing improvements to
State office buildings and other facilities located statewide, including
the reimbursement of any  disbursements  made  from  the  state  capital
projects  fund.  Such  bonds and notes of the corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor  shall
they  be  payable  out of any funds other than those appropriated by the
state to the corporation for debt service and related expenses  pursuant
to  any  service  contracts executed pursuant to subdivision (b) of this
section, and such bonds and notes shall contain on the  face  thereof  a
statement to such effect.
  S 39. Subdivision 1 of section 386-b of the public authorities law, as
amended  by  section 69 of part HH of chapter 57 of the laws of 2013, is
amended to read as follows:
  1. Notwithstanding any other provision of law  to  the  contrary,  the
authority, the dormitory authority and the urban development corporation
are  hereby authorized to issue bonds or notes in one or more series for
the purpose of financing peace bridge  projects  and  capital  costs  of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture   projects   including  aviation  projects,  non-MTA  mass  transit
projects, and rail service preservation projects, including work  appur-
tenant  and  ancillary  thereto. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed  [two]
FOUR   hundred   [forty]  SIXTY-FIVE  million  dollars  [($240,000,000)]
($465,000,000), excluding bonds issued to fund one or more debt  service
reserve  funds, to pay costs of issuance of such bonds, and to refund or
otherwise repay such bonds or notes previously issued.  Such  bonds  and
notes  of  the authority, the dormitory authority and the urban develop-
ment corporation shall not be a debt of the state, and the  state  shall
not  be liable thereon, nor shall they be payable out of any funds other
than those appropriated by the state to  the  authority,  the  dormitory
authority and the urban development corporation for principal, interest,
and  related  expenses pursuant to a service contract and such bonds and
notes shall contain on the face thereof  a  statement  to  such  effect.
Except  for  purposes  of  complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to  pay  debt
service on such bonds.

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  S  40.  Paragraph  (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 69-a of part HH of chapter 57  of
the laws of 2013, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  the  dormitory  authority shall not issue any bonds for state
university educational facilities purposes if the  principal  amount  of
bonds to be issued when added to the aggregate principal amount of bonds
issued  by  the  dormitory  authority  on and after July first, nineteen
hundred eighty-eight for state university  educational  facilities  will
exceed  ten billion [four] NINE hundred [twenty-two] EIGHTY-FOUR million
dollars; provided, however, that bonds issued or to be issued  shall  be
excluded  from  such  limitation if: (1) such bonds are issued to refund
state university construction bonds and  state  university  construction
notes previously issued by the housing finance agency; or (2) such bonds
are  issued to refund bonds of the authority or other obligations issued
for state university educational facilities  purposes  and  the  present
value  of  the  aggregate  debt  service on the refunding bonds does not
exceed the present value of the aggregate  debt  service  on  the  bonds
refunded  thereby;  provided,  further  that  upon  certification by the
director of the budget that the issuance of  refunding  bonds  or  other
obligations  issued between April first, nineteen hundred ninety-two and
March thirty-first, nineteen hundred  ninety-three  will  generate  long
term  economic  benefits  to  the  state, as assessed on a present value
basis, such issuance will be deemed to have met the present  value  test
noted  above. For purposes of this subdivision, the present value of the
aggregate debt service of the refunding bonds  and  the  aggregate  debt
service of the bonds refunded, shall be calculated by utilizing the true
interest  cost  of the refunding bonds, which shall be that rate arrived
at by doubling the semi-annual interest rate (compounded  semi-annually)
necessary  to  discount the debt service payments on the refunding bonds
from the payment dates thereof to the date of  issue  of  the  refunding
bonds  to  the purchase price of the refunding bonds, including interest
accrued thereon prior to the issuance  thereof.  The  maturity  of  such
bonds,  other  than  bonds issued to refund outstanding bonds, shall not
exceed the weighted average economic life, as  certified  by  the  state
university construction fund, of the facilities in connection with which
the  bonds  are  issued,  and  in any case not later than the earlier of
thirty years or the expiration of the term of  any  lease,  sublease  or
other  agreement  relating  thereto;  provided  that  no note, including
renewals thereof, shall mature later than five years after the  date  of
issuance  of  such  note. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the  dormitory  authority,
the  state university of New York, and the state university construction
fund are prohibited from covenanting or making any other agreements with
or for the benefit of bondholders which might in  any  way  affect  such
right.
  S  41.  Paragraph  (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 67 of part HH of  chapter  57  of
the laws of 2013, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  (i)  the  dormitory  authority  shall not deliver a series of
bonds for city university community college facilities, except to refund
or to be substituted for or in lieu of other bonds in relation  to  city
university  community college facilities pursuant to a resolution of the
dormitory authority adopted before July first, nineteen hundred  eighty-
five  or any resolution supplemental thereto, if the principal amount of

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bonds so to be issued when added  to  all  principal  amounts  of  bonds
previously  issued by the dormitory authority for city university commu-
nity college facilities, except to refund or to be substituted  in  lieu
of  other bonds in relation to city university community college facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii) the dormitory authority shall not deliver a series of bonds  issued
for  city university facilities, including community college facilities,
pursuant to a resolution of the dormitory authority adopted on or  after
July  first,  nineteen  hundred  eighty-five,  except to refund or to be
substituted for or in lieu of other bonds in relation to city university
facilities and except for bonds issued pursuant to a resolution  supple-
mental  to a resolution of the dormitory authority adopted prior to July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to be issued when added to the  principal  amount  of  bonds  previously
issued pursuant to any such resolution, except bonds issued to refund or
to  be  substituted  for  or  in lieu of other bonds in relation to city
university facilities, will  exceed  [six]  SEVEN  billion  [eight]  TWO
hundred  [fifty-three] SEVENTY-THREE million [two] THREE hundred THIRTY-
ONE thousand dollars.  The legislature reserves the right  to  amend  or
repeal  such  limit, and the state of New York, the dormitory authority,
the city university, and the fund are  prohibited  from  covenanting  or
making any other agreements with or for the benefit of bondholders which
might in any way affect such right.
  S  42. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 66 of part HH of chapter 57 of the laws  of  2013,
is amended to read as follows:
  10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to  the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first,  two  thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be  [six]  SEVEN  hundred
[sixty-three]  SEVENTY-SIX  million THREE HUNDRED FIVE THOUSAND dollars.
Such amount shall be exclusive of bonds and notes  issued  to  fund  any
reserve  fund  or funds, costs of issuance and to refund any outstanding
bonds and notes, issued on behalf of the state, relating  to  a  locally
sponsored community college.
  S  43.  The  public authorities law is amended by adding a new section
1680-r to read as follows:
  S 1680-R.  AUTHORIZATION FOR THE ISSUANCE OF  BONDS  FOR  THE  CAPITAL
RESTRUCTURING  FINANCING  PROGRAM.  1. NOTWITHSTANDING THE PROVISIONS OF
ANY OTHER LAW TO THE CONTRARY, THE DORMITORY  AUTHORITY  AND  THE  URBAN
DEVELOPMENT CORPORATION ARE HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN
ONE  OR  MORE  SERIES  FOR  THE PURPOSE OF FUNDING PROJECT COSTS FOR THE
CAPITAL RESTRUCTURING FINANCING PROGRAM  FOR  HEALTH  CARE  AND  RELATED
FACILITIES  LICENSED  PURSUANT  TO  THE  PUBLIC HEALTH LAW OR THE MENTAL
HYGIENE LAW AND OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS.
THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT
TO THIS SECTION  SHALL  NOT  EXCEED  ONE  BILLION  TWO  HUNDRED  MILLION
DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE
FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED
TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH
BONDS  AND  NOTES  OF  THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT
CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE
LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY  FUNDS  OTHER  THAN
THOSE APPROPRIATED BY THE STATE TO THE DORMITORY AUTHORITY AND THE URBAN
DEVELOPMENT  CORPORATION  FOR  PRINCIPAL, INTEREST, AND RELATED EXPENSES

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PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON
THE FACE THEREOF A STATEMENT TO SUCH  EFFECT.  EXCEPT  FOR  PURPOSES  OF
COMPLYING  WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED ON
BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS  FOR  THE  CAPITAL
RESTRUCTURING  FINANCING  PROGRAM FOR HEALTH CARE AND RELATED FACILITIES
LICENSED PURSUANT TO THE PUBLIC HEALTH LAW OR THE MENTAL HYGIENE LAW AND
OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS, THE DIRECTOR OF
THE BUDGET IS HEREBY AUTHORIZED  TO  ENTER  INTO  ONE  OR  MORE  SERVICE
CONTRACTS  WITH THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION, NONE OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION,  UPON  SUCH
TERMS  AND  CONDITIONS  AS  THE DIRECTOR OF THE BUDGET AND THE DORMITORY
AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AGREE, SO AS TO ANNUALLY
PROVIDE TO THE DORMITORY AUTHORITY  AND  THE  URBAN  DEVELOPMENT  CORPO-
RATION,  IN  THE AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL, INTEREST,
AND RELATED EXPENSES REQUIRED FOR SUCH  BONDS  AND  NOTES.  ANY  SERVICE
CONTRACT  ENTERED  INTO  PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE
OBLIGATION OF THE STATE TO PAY THE AMOUNT  THEREIN  PROVIDED  SHALL  NOT
CONSTITUTE  A DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL
OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE  EXTENT
OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE
BEYOND  THE  MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPRO-
PRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT OR ANY PAYMENTS  MADE  OR
TO  BE  MADE  THEREUNDER  MAY  BE  ASSIGNED AND PLEDGED BY THE DORMITORY
AUTHORITY AND THE URBAN DEVELOPMENT  CORPORATION  AS  SECURITY  FOR  ITS
BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
  S 44. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of  1997,  providing  for  the  financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended  by
section  43  of part BB of chapter 58 of the laws of 2011, is amended to
read as follows:
  1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby  authorized  to  issue  bonds,  notes and other obligations in an
aggregate principal amount not  to  exceed  four  hundred  [twenty-nine]
SIXTY-FIVE  million  [five]  THREE hundred [fifteen] SIXTY-FIVE thousand
dollars [($429,515,000)] ($465,365,000), which  authorization  increases
the  aggregate  principal  amount  of bonds, notes and other obligations
authorized by section 40 of chapter 309 of the laws of 1996,  and  shall
include  all bonds, notes and other obligations issued pursuant to chap-
ter 211 of the laws of 1990, as amended or supplemented. The proceeds of
such bonds, notes or other obligations shall be paid to the  state,  for
deposit  in the youth facilities improvement fund, to pay for all or any
portion of the amount or amounts paid by the state  from  appropriations
or  reappropriations  made to the office of children and family services
from the youth facilities improvement fund  for  capital  projects.  The
aggregate  amount of bonds, notes and other obligations authorized to be
issued pursuant to this section shall  exclude  bonds,  notes  or  other
obligations  issued  to  refund or otherwise repay bonds, notes or other
obligations theretofore issued, the proceeds of which were paid  to  the
state  for  all  or  a portion of the amounts expended by the state from
appropriations or reappropriations made to the office  of  children  and
family  services;  provided,  however,  that  upon any such refunding or

S. 6355--D                         68                         A. 8555--D

repayment the total aggregate principal  amount  of  outstanding  bonds,
notes  or  other  obligations  may be greater than four hundred [twenty-
nine] SIXTY-FIVE million [five] THREE hundred [fifteen] SIXTY-FIVE thou-
sand dollars [$429,515,000] ($465,365,000), only if the present value of
the aggregate debt service of the refunding or repayment bonds, notes or
other obligations to be issued shall not exceed the present value of the
aggregate debt service of the bonds, notes or other obligations so to be
refunded  or  repaid.  For the purposes hereof, the present value of the
aggregate debt service of the refunding or  repayment  bonds,  notes  or
other  obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded  or  repaid,  shall  be  calculated  by
utilizing  the  effective  interest  rate  of the refunding or repayment
bonds, notes or other obligations, which shall be that rate  arrived  at
by  doubling  the  semi-annual  interest rate (compounded semi-annually)
necessary to discount the debt service  payments  on  the  refunding  or
repayment bonds, notes or other obligations from the payment dates ther-
eof  to  the date of issue of the refunding or repayment bonds, notes or
other obligations and to  the  price  bid  including  estimated  accrued
interest  or  proceeds  received  by the corporation including estimated
accrued interest from the sale thereof.
  S 45. Intentionally omitted.
  S 46. Paragraph b of subdivision 2 of section  9-a  of  section  1  of
chapter 392 of the laws of 1973, constituting the New York state medical
care  facilities  finance agency act, as amended by section 49-c of part
PP of chapter 56 of the laws of 2009, is amended to read as follows:
  b. The agency shall have power and is hereby authorized from  time  to
time  to  issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal  amount  as,
in  the  opinion  of  the  agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to  provide
sufficient  funds  to  the  facilities  development  corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to  paragraph  a  of  this
subdivision,  the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for  such
purposes,  the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or  the  costs  of  any  financial
mechanisms  which  may  be used to reduce the debt service that would be
payable by the agency on its mental health services facilities  improve-
ment  bonds  and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the  facilities  development
corporation,  or  any  successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not  issue
mental  health  services  facilities improvement bonds and mental health
services facilities improvement notes in an aggregate  principal  amount
exceeding  seven  billion  [three]  FOUR hundred [sixty-six] THIRTY-FIVE
million [six] EIGHT hundred FIFTEEN thousand dollars,  excluding  mental
health  services facilities improvement bonds and mental health services
facilities improvement notes issued to refund outstanding mental  health
services facilities improvement bonds and mental health services facili-
ties  improvement notes; provided, however, that upon any such refunding
or repayment of mental  health  services  facilities  improvement  bonds

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and/or  mental  health  services  facilities improvement notes the total
aggregate principal amount of outstanding mental health services facili-
ties improvement bonds and mental health  facilities  improvement  notes
may be greater than seven billion [three] FOUR hundred [sixty-six] THIR-
TY-FIVE  million  [six]  EIGHT hundred FIFTEEN thousand dollars only if,
except as hereinafter provided with respect to  mental  health  services
facilities  bonds  and mental health services facilities notes issued to
refund mental hygiene improvement bonds authorized to be issued pursuant
to the provisions of section 47-b of the private  housing  finance  law,
the  present  value  of  the  aggregate debt service of the refunding or
repayment bonds to be issued shall not exceed the present value  of  the
aggregate  debt  service  of  the  bonds  to  be refunded or repaid. For
purposes hereof, the present values of the aggregate debt service of the
refunding or repayment bonds, notes or  other  obligations  and  of  the
aggregate  debt  service  of  the  bonds,  notes or other obligations so
refunded or repaid, shall  be  calculated  by  utilizing  the  effective
interest  rate of the refunding or repayment bonds, notes or other obli-
gations, which shall be that rate arrived at by doubling the semi-annual
interest rate (compounded semi-annually) necessary to discount the  debt
service  payments  on  the  refunding or repayment bonds, notes or other
obligations from the payment dates thereof to the date of issue  of  the
refunding  or  repayment  bonds,  notes  or other obligations and to the
price bid including estimated accrued interest or proceeds  received  by
the  authority including estimated accrued interest from the sale there-
of. Such bonds, other than bonds issued  to  refund  outstanding  bonds,
shall  be  scheduled  to  mature  over  a term not to exceed the average
useful life, as certified by the facilities development corporation,  of
the  projects  for which the bonds are issued, and in any case shall not
exceed thirty years and the maximum maturity of notes  or  any  renewals
thereof  shall not exceed five years from the date of the original issue
of such notes. Notwithstanding the provisions of this section, the agen-
cy shall have the power and is hereby authorized to issue mental  health
services  facilities  improvement  bonds  and/or  mental health services
facilities  improvement  notes  to  refund  outstanding  mental  hygiene
improvement  bonds authorized to be issued pursuant to the provisions of
section 47-b of the private housing finance law and the amount of  bonds
issued  or  outstanding  for  such  purposes  shall  not be included for
purposes of determining the amount of  bonds  issued  pursuant  to  this
section. The director of the budget shall allocate the aggregate princi-
pal  authorized  to  be  issued by the agency among the office of mental
health, office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities, and the office of alcoholism and substance abuse services,
in consultation with their respective commissioners to finance  bondable
appropriations previously approved by the legislature.
  S 46-a. Subdivision 1 of section 49 of section 1 of chapter 174 of the
laws  of  1968, constituting the New York state urban development corpo-
ration act, as added by section 69-c of part HH of  chapter  57  of  the
laws of 2013, is amended to read as follows:
  1.  Notwithstanding  the  provisions of any other law to the contrary,
the dormitory authority and the corporation  are  hereby  authorized  to
issue  bonds  or  notes in one or more series for the purpose of funding
project costs for the state and municipal facilities program  and  other
state costs associated with such capital projects. The aggregate princi-
pal  amount  of  bonds  authorized to be issued pursuant to this section
shall not exceed [three] SEVEN  hundred  [eighty-five]  SEVENTY  million
dollars, excluding bonds issued to fund one or more debt service reserve

S. 6355--D                         70                         A. 8555--D

funds, to pay costs of issuance of such bonds, and bonds or notes issued
to refund or otherwise repay such bonds or notes previously issued. Such
bonds and notes of the dormitory authority and the corporation shall not
be  a  debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated  by
the  state to the dormitory authority and the corporation for principal,
interest, and related expenses pursuant to a service contract  and  such
bonds  and  notes  shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be  used  to  pay
debt service on such bonds.
  S 46-b. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 50 to read as follows:
  S  50.  1.  NOTWITHSTANDING  THE  PROVISIONS  OF  ANY OTHER LAW TO THE
CONTRARY, THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT  CORPORATION
ARE  HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR
THE PURPOSE OF FUNDING PROJECT COSTS  UNDERTAKEN  BY  OR  ON  BEHALF  OF
SPECIAL  ACT SCHOOL DISTRICTS, STATE-SUPPORTED SCHOOLS FOR THE BLIND AND
DEAF AND APPROVED PRIVATE SPECIAL EDUCATION SCHOOLS, AND  OTHER    STATE
COSTS  ASSOCIATED  WITH  SUCH  CAPITAL PROJECTS. THE AGGREGATE PRINCIPAL
AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT TO THIS  SECTION  SHALL
NOT  EXCEED FIVE MILLION DOLLARS,  EXCLUDING BONDS ISSUED TO FUND ONE OR
MORE DEBT SERVICE RESERVE FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS,
AND BONDS OR NOTES ISSUED TO REFUND OR OTHERWISE  REPAY  SUCH  BONDS  OR
NOTES PREVIOUSLY ISSUED. SUCH BONDS AND NOTES OF THE DORMITORY AUTHORITY
AND  THE URBAN DEVELOPMENT CORPORATION SHALL NOT BE A DEBT OF THE STATE,
AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT
OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY THE STATE TO THE DORMITORY
AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION FOR PRINCIPAL, INTEREST,
AND RELATED EXPENSES PURSUANT TO A SERVICE CONTRACT AND SUCH  BONDS  AND
NOTES  SHALL  CONTAIN  ON  THE  FACE THEREOF A STATEMENT TO SUCH EFFECT.
EXCEPT FOR PURPOSES OF COMPLYING WITH THE  INTERNAL  REVENUE  CODE,  ANY
INTEREST  INCOME  EARNED ON BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT
SERVICE ON SUCH BONDS.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  IN
ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION  IN  UNDERTAKING THE FINANCING FOR PROJECT COSTS UNDERTAKEN BY OR
ON BEHALF OF SPECIAL ACT SCHOOL DISTRICTS, STATE-SUPPORTED  SCHOOLS  FOR
THE  BLIND  AND DEAF AND APPROVED PRIVATE SPECIAL EDUCATION SCHOOLS, AND
OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS, THE DIRECTOR OF
THE BUDGET IS HEREBY AUTHORIZED  TO  ENTER  INTO  ONE  OR  MORE  SERVICE
CONTRACTS  WITH THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION, NONE OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION,  UPON  SUCH
TERMS  AND  CONDITIONS  AS  THE DIRECTOR OF THE BUDGET AND THE DORMITORY
AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AGREE, SO AS TO ANNUALLY
PROVIDE TO THE DORMITORY AUTHORITY  AND  THE  URBAN  DEVELOPMENT  CORPO-
RATION,  IN  THE AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL, INTEREST,
AND RELATED EXPENSES REQUIRED FOR SUCH  BONDS  AND  NOTES.  ANY  SERVICE
CONTRACT  ENTERED  INTO  PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE
OBLIGATION OF THE STATE TO PAY THE AMOUNT  THEREIN  PROVIDED  SHALL  NOT
CONSTITUTE  A DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL
OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE  EXTENT
OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE
BEYOND  THE  MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPRO-
PRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT OR ANY PAYMENTS  MADE  OR

S. 6355--D                         71                         A. 8555--D

TO  BE  MADE  THEREUNDER  MAY  BE  ASSIGNED AND PLEDGED BY THE DORMITORY
AUTHORITY AND THE URBAN DEVELOPMENT  CORPORATION  AS  SECURITY  FOR  ITS
BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
  3.  SUBDIVISIONS 1 AND 2 OF THIS SECTION SHALL TAKE EFFECT ONLY IN THE
EVENT THAT A CHAPTER OF THE LAWS OF 2014, ENACTING  THE  "SMART  SCHOOLS
BOND ACT OF 2014", IS SUBMITTED TO THE PEOPLE AT THE GENERAL ELECTION TO
BE HELD IN NOVEMBER 2014 AND IS APPROVED BY A MAJORITY OF ALL VOTES CAST
FOR  AND AGAINST IT AT SUCH ELECTION. UPON SUCH APPROVAL, SUBDIVISIONS 1
AND 2 OF THIS SECTION SHALL TAKE EFFECT IMMEDIATELY. IF SUCH APPROVAL IS
NOT OBTAINED, SUBDIVISIONS 1 AND 2 OF THIS SECTION SHALL EXPIRE  AND  BE
DEEMED REPEALED.
  S  46-c. Paragraph (b) of subdivision 3 of section 1 and clause (B) of
subparagraph (iii) of paragraph (j) of subdivision 4  of  section  1  of
part D of chapter 63 of the laws of 2005 relating to the composition and
responsibilities of the New York state higher education capital matching
grant board, is amended to read as follows:
  (b)  Within amounts appropriated therefor, the board is hereby author-
ized and directed to award matching capital grants  totaling  [150]  180
million dollars. Each college shall be eligible for a grant award amount
as  determined  by the calculations pursuant to subdivision five of this
section. In addition, such colleges shall be  eligible  to  compete  for
additional  funds  pursuant to paragraph (h) of subdivision four of this
section.
  (B) The dormitory authority shall not issue any bonds or notes  in  an
amount  in  excess of [150] 180 million dollars for the purposes of this
section; excluding bonds or notes  issued  to  fund  one  or  more  debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or  notes issued to refund or otherwise repay such bonds or notes previ-
ously issued. Except for purposes of complying with the internal revenue
code, any interest on bond proceeds shall  only  be  used  to  pay  debt
service on such bonds.
  S  46-d.  Paragraph  (a) of subdivision 1 and subdivision 4 of section
3234 of the public authorities law, paragraph (a) of  subdivision  1  as
amended by chapter 766 of the laws of 2005 and subdivision 4 as added by
chapter 220 of the laws of 1990, are amended to read as follows:
  (a)  The  corporation shall be administered by seven directors, one of
whom shall be the comptroller, one of whom shall be the director of  the
budget  and  five  of whom shall be appointed by the governor. THE COMP-
TROLLER AND THE DIRECTOR OF THE BUDGET SHALL BE ENTITLED TO DESIGNATE  A
REPRESENTATIVE  OR  REPRESENTATIVES  TO  ATTEND MEETINGS OF THE BOARD IN
THEIR PLACE, AND TO VOTE OR OTHERWISE  ACT  ON  THEIR  BEHALF  IN  THEIR
ABSENCE. NOTICE OF SUCH DESIGNATION SHALL BE FURNISHED IN WRITING TO THE
BOARD  BY  THE DESIGNATING DIRECTOR. A REPRESENTATIVE SHALL SERVE AT THE
PLEASURE OF THE DESIGNATING  DIRECTOR  DURING  THE  DIRECTOR'S  TERM  OF
OFFICE.  A REPRESENTATIVE SHALL NOT BE AUTHORIZED TO DELEGATE ANY OF HIS
OR HER DUTIES OR FUNCTIONS TO ANY OTHER PERSON. A director who is not  a
state  official  shall  serve for a term expiring at the end of the term
actually served by the officer making the appointment and may be removed
for cause by such officer after hearing on ten days notice.
  4.  Notwithstanding  any  inconsistent  provisions  of  law,  general,
special  or  local, no officer or employee of the state of New York, any
city, county, town or village, any other political or civil division  of
the  state,  any  municipality,  any  governmental  entity operating any
public school or college, any school district or any other public agency
or instrumentality or unit of government  which  exercises  governmental
powers  under  the laws of the state, shall forfeit office or employment

S. 6355--D                         72                         A. 8555--D

by reason of acceptance of appointment as  a  director,  REPRESENTATIVE,
officer  or agent of the corporation nor shall service as such director,
REPRESENTATIVE, officer or agent of the corporation be deemed  incompat-
ible or in conflict with such office or employment.
  S  47.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014;  provided
that  sections  one through nine, and sections thirteen through nineteen
of this act shall expire March  31,  2015,  when  upon  such  date,  the
provisions of such sections shall be deemed repealed.

                                 PART J

                          Intentionally Omitted

                                 PART K

  Section  1.  The  opening paragraph of subdivision 3 of section 5-a of
the legislative law, as amended by section 1 of part S of chapter 55  of
the laws of 2012, is amended to read as follows:
  Any member of the assembly serving in a special capacity in a position
set  forth  in  the  following  schedule shall be paid the allowance set
forth in such schedule only for the legislative term commencing  January
first,  two thousand [thirteen] FIFTEEN and terminating December thirty-
first, two thousand [fourteen] SIXTEEN:
  S 2. Section 13 of chapter 141 of  the  laws  of  1994,  amending  the
legislative  law and the state finance law relating to the operation and
administration of the legislature, as amended by section 1 of part X  of
chapter 55 of the laws of 2013, is amended to read as follows:
  S  13.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect as of April 1, 1994,  provided  that,
the  provisions  of  section  5-a  of  the legislative law as amended by
sections two and two-a of this act shall take effect on January 1, 1995,
and provided further that, the provisions of article 5-A of the legisla-
tive law as added by section eight of this act  shall  expire  June  30,
[2014]  2015 when upon such date the provisions of such article shall be
deemed repealed; and provided further that section twelve  of  this  act
shall be deemed to have been in full force and effect on and after April
10, 1994.
  S  3.    This act shall take effect immediately, provided, however, if
section two of this act shall take effect on  or  after  June  30,  2014
section  two  of this act shall be deemed to have been in full force and
effect on and after June 30, 2014.

                                 PART L

  Section 1. Paragraph (b) of subdivision 1 and paragraph (a) of  subdi-
vision 2 of section 367 of the executive law, as added by chapter 399 of
the laws of 2007, are amended to read as follows:
  (b)  The  entitlement of any parent to receive the annuity provided by
paragraph (a) of this subdivision shall terminate upon his or her  death
or upon his or her ceasing to continue to be a resident OF and domiciled
in  the  state  of New York, but such entitlement may be reinstated upon
application to the state  director,  if  such  parent  shall  thereafter
resume his or her residence and domicile in the state.

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  (a) Any gold star parent, who is the parent of a deceased veteran, AND
who  is a resident of AND DOMICILED IN the state of New York [and has an
income at or below two hundred percent of the  federal  poverty  level],
shall make application to the division.
  S 2. This act shall take effect immediately.

                                 PART M

  Section  1.  Subdivision  4 of section 500-b of the correction law, as
added by chapter 907 of the laws of 1984, is amended to read as follows:
  4. No person under [nineteen] EIGHTEEN years of age shall be placed or
kept or allowed to be at any time with any prisoner or prisoners  [nine-
teen]  EIGHTEEN  years  of age or older, in any room, dormitory, cell or
tier of the buildings of such institution unless separately  grouped  to
prevent  access  to  persons  under  [nineteen] EIGHTEEN years of age by
prisoners [nineteen] EIGHTEEN years of age or older.
  S 2. Subparagraph 3 of paragraph (c) of subdivision 8 of section 500-b
of the correction law, as added by chapter 907 of the laws of  1984,  is
amended to read as follows:
  (3) persons under [nineteen] EIGHTEEN years of age with persons [nine-
teen] EIGHTEEN years of age or older; or
  S 3. Subdivision 13 of section 500-b of the correction law, as amended
by chapter 574 of the laws of 1985, is amended to read as follows:
  13.  Where in the opinion of the chief administrative officer an emer-
gency overcrowding condition exists in  a  local  correctional  facility
caused  in  part  by  the prohibition against the commingling of persons
under [nineteen] EIGHTEEN years of age with persons [nineteen]  EIGHTEEN
years  of age or older or the commingling of persons [nineteen] EIGHTEEN
years of age or older with persons under [nineteen]  EIGHTEEN  years  of
age,  the  chief  administrative officer may apply to the commission for
permission to commingle the aforementioned categories of inmates  for  a
period  not  to  exceed  thirty  days as provided herein. The commission
shall acknowledge to the chief administrative  officer  the  receipt  of
such  application  upon  its receipt.   The chief administrative officer
shall be permitted to commingle  such  inmates  upon  acknowledgment  of
receipt  of  the  application  by  the  commission. The commission shall
assess the application within seven  days  of  receipt.  The  commission
shall deny any such application and shall prohibit the continued commin-
gling  of  such  inmates  where it has found that the local correctional
facility does not meet the criteria set forth in  this  subdivision  and
further  is  in substantial noncompliance with minimum staffing require-
ments as provided in commission rules and regulations. In addition,  the
commission  shall  determine  whether  the  commingling  of such inmates
presents a danger to the health, safety or welfare of any  such  inmate.
If  no  such danger exists the chief administrative officer may continue
the commingling until the expiration of the  aforementioned  thirty  day
period  or  until such time as he determines that the overcrowding which
necessitated the commingling no longer exists, whichever  occurs  first.
In the event the commission determines that such danger exists, it shall
immediately notify the chief administrative officer, and the commingling
of  such  inmates  shall cease. Such notification shall include specific
measures which should be undertaken by the chief administrative officer,
to correct such dangers. The chief administrative  officer  may  correct
such  dangers and reapply to the commission for permission to commingle;
however, no commingling may take place until such time as the commission
certifies that the facility is now in compliance with the  measures  set

S. 6355--D                         74                         A. 8555--D

forth  in  the  notification  under  this subdivision. When such certif-
ication has been received  by  the  chief  administrative  officer,  the
commingling may continue for thirty days, less any time during which the
chief  administrative  officer  commingled  such  inmates  following his
application to the commission, or until such time as he determines  that
the  overcrowding  which  necessitated the commingling no longer exists,
whichever occurs first. The chief administrative officer may  apply  for
permission to commingle such inmates for up to two additional thirty day
periods,  in conformity with the provisions and the requirements of this
subdivision, in a given calendar year. For the  period  ending  December
thirtieth,  nineteen  hundred  eighty-four, a locality may not apply for
more than one thirty day commingling period.
  S 4. This act shall take effect immediately, provided,  however,  that
the  amendments  to section 500-b of the correction law made by sections
one, two and three of this act shall  not  affect  the  repeal  of  such
section and shall be deemed to be repealed therewith.

                                 PART N

  Section  1.  Subdivision  8  of section 837-a of the executive law, as
amended by section 108 of subpart B of part C of chapter 62 of the  laws
of 2011, is amended to read as follows:
  8. Present to the governor, temporary president of the senate, minori-
ty leader of the senate, speaker of the assembly and the minority leader
of the assembly an annual report about the function and effectiveness of
the [Operation IMPACT] GUN INVOLVED VIOLENCE ELIMINATION (GIVE) program.
Such  report  shall include, but not be limited to, crime data obtained,
analyzed and used by each [Operation IMPACT] GUN INVOLVED VIOLENCE ELIM-
INATION (GIVE) partnership in participating counties and affected  muni-
cipalities  including the number of arrests made by law enforcement as a
direct result of the [Operation IMPACT]  GUN  INVOLVED  VIOLENCE  ELIMI-
NATION  (GIVE)  program  including any available demographic information
about the persons arrested and prosecuted and the  disposition  of  such
matters,  and  any other information related to the program's effective-
ness in reducing crime. Such report shall also include information about
crime reduction strategies developed by [Operation IMPACT] GUN  INVOLVED
VIOLENCE ELIMINATION (GIVE) partnerships, the number of state police and
department  of  corrections  and community supervision personnel partic-
ipating in [Operation IMPACT] GUN INVOLVED VIOLENCE  ELIMINATION  (GIVE)
activities,  and  a description of training supplied to local [Operation
IMPACT] GUN  INVOLVED  VIOLENCE  ELIMINATION  (GIVE)  participants.  The
initial report required by this paragraph shall be presented by December
thirty-first,  two  thousand six.  Thereafter, an annual report shall be
presented no later than December thirty-first of each year.
  S 2. This act shall take effect immediately.

                                 PART O

  Section 1. The provisions of subdivision (c) of section 11-245.1-b  of
the  administrative code of the city of New York shall not be applicable
to any multiple dwelling containing fewer than 4 dwelling units, as  set
forth  in the certificate of occupancy, that is located on lots numbered
1667 through 1708 and lots numbered 1801 through  1964  of  Bronx  block
numbered  3432, as such lots are indicated on the tax map of the city of
New York, provided that the construction of any such multiple  dwellings
on  those  lots  commences  on  or before January 1, 2009, and provided,

S. 6355--D                         75                         A. 8555--D

further, that any application for a preliminary or a  final  certificate
of eligibility for such lots is submitted to the local housing agency no
later than 180 days after the effective date of this act.
  S 2. This act shall take effect immediately.

                                 PART P

  Section  1.  The commissioner of general services is hereby authorized
to construct or cause to be constructed, at a suitable  and  appropriate
outdoor location on the Empire State Plaza in the city of Albany a monu-
ment,  tablet  or  memorial of a design honoring and properly reflecting
the duty, dignity and devotion of  the  uniformed  personnel  in  insti-
tutions  under  the  jurisdiction  of  the department of corrections and
community supervision of New  York state who have died in  the  line  of
duty. The commissioner of general services shall confer with the commis-
sioner  of  the department of corrections and community supervision, the
commissioner of the division  of  criminal  justice  services,  and  the
employee  labor  organization representing the security services collec-
tive bargaining unit with respect to such memorial. Until completion  of
such  memorial  the commissioner of general services shall report to the
legislature on or before the first day of November on  the  progress  of
this effort on an annual basis.
  S 2. (a) There is hereby established in the joint custody of the state
comptroller and the commissioner of taxation and finance, a special fund
to be known as the correctional employees' memorial fund.
  (b)  Moneys  of such fund shall be made available for the sole purpose
of funding the construction of the memorial provided for in section  one
of this act.
  (c)  Such  fund  shall consist of an appropriation of the sum of three
hundred thousand dollars ($300,000), or so much thereof as may be neces-
sary for the cost of such memorial and expenses thereto incurred by  the
commissioner  of  general  services as authorized by section one of this
act.
  (d) The moneys of such fund shall be paid on the audit and warrant  of
the comptroller on vouchers certified or approved by the commissioner of
general services.
  (e)  Upon completion of such memorial and after payment of all associ-
ated expenses incurred in connection therewith all moneys then remaining
in such fund shall be transferred and deposited into the state  purposes
account of the general fund.
  S 3. This act shall take effect immediately.

                                 PART Q

  Section 1.  Paragraph (b) of subdivision 5 of section 186-f of the tax
law,  as added by section 3 of part B of chapter 56 of the laws of 2009,
is amended to read as follows:
  (b) after deducting the amount paid under paragraph (a) of this subdi-
vision and the amount  retained  by  wireless  communications  suppliers
pursuant  to  paragraph  (d)  of  subdivision  two  of this section, the
balance of the revenues collected under this section into the [New  York
state  wireless  telephone  emergency  service]  STATEWIDE PUBLIC SAFETY
COMMUNICATIONS  account  of  the  miscellaneous  special  revenue  fund,
created pursuant to section ninety-seven-qq of the state finance law.
  S  2.  Subdivision  6  of  section  186-f of the tax law is amended by
adding a new paragraph (g) to read as follows:

S. 6355--D                         76                         A. 8555--D

  (G) THE SUM OF TEN MILLION DOLLARS ANNUALLY  SHALL  BE  USED  FOR  THE
PROVISION  OF  GRANTS TO COUNTIES FOR COSTS RELATED TO THE OPERATIONS OF
PUBLIC SAFETY DISPATCH CENTERS, TO BE DISTRIBUTED  PURSUANT  TO  A  PLAN
DEVELOPED  BY  THE  COMMISSIONER  OF  HOMELAND  SECURITY  AND  EMERGENCY
SERVICES  AND  APPROVED  BY  THE  DIRECTOR  OF THE BUDGET. SUCH PLAN MAY
CONSIDER SUCH FACTORS AS POPULATION DENSITY AND EMERGENCY CALL VOLUME.
  S 3. Section 97-qq of the state finance law, as added by section 37 of
part E of chapter 58 of the laws of 1998, subdivision 1  as  amended  by
chapter 524 of the laws of 2008, is amended to read as follows:
  S  97-qq. [New York state wireless telephone emergency service] STATE-
WIDE PUBLIC SAFETY COMMUNICATIONS account. 1.   There is  hereby  estab-
lished in the joint custody of the state comptroller and the commission-
er  of  taxation  and finance a fund to be known as the ["New York state
wireless telephone emergency service account"] "STATEWIDE PUBLIC  SAFETY
COMMUNICATIONS ACCOUNT".
  2.  The  [New York state wireless telephone emergency service account]
STATEWIDE PUBLIC SAFETY COMMUNICATIONS  ACCOUNT  shall  consist  of  all
monies deposited in this account pursuant to a subsequent chapter of the
laws  of  nineteen hundred ninety-eight, all monies appropriated for its
purpose, all monies transferred to such account pursuant to law, and all
monies deposited pursuant to any other law to be paid into  or  credited
to  the account, including all monies received by the account or donated
to it.
  S 4. This act shall take effect immediately.

                                 PART R

  Section 1. Subdivision 1 of section 1317 of  the  racing,  pari-mutuel
wagering  and breeding law, as added by chapter 174 of the laws of 2013,
is amended to read as follows:
  1. Upon receipt of an application for a gaming facility  license,  the
commission  shall cause to be commenced an investigation BY THE DIVISION
OF STATE POLICE into the suitability of the applicant. In evaluating the
suitability of the applicant, the commission shall consider the  overall
reputation of the applicant including, without limitation:
  (a)  the  integrity,  honesty,  good  character  and reputation of the
applicant;
  (b) the financial stability, integrity and background  of  the  appli-
cant;
  (c)  the  business practices and the business ability of the applicant
to establish and maintain a successful gaming facility;
  (d) whether the applicant has a  history  of  compliance  with  gaming
licensing requirements in other jurisdictions;
  (e)  whether the applicant, at the time of application, is a defendant
in litigation involving its business practices;
  (f) the suitability of all parties in interest to the gaming  facility
license,  including  affiliates  and  close associates and the financial
resources of the applicant; and
  (g) whether the applicant is disqualified  from  receiving  a  license
under this article; provided, however, that in considering the rehabili-
tation  of  an  applicant  for a gaming facility license, the commission
shall not automatically disqualify an applicant if the applicant  affir-
matively demonstrates, by clear and convincing evidence, that the appli-
cant  has financial responsibility, character, reputation, integrity and
general fitness as such to warrant belief by  the  commission  that  the

S. 6355--D                         77                         A. 8555--D

applicant will act honestly, fairly, soundly and efficiently as a gaming
licensee.
  S 2. This act shall take effect immediately.

                                 PART S

  Section  1.  Subsequent  to the closure of four facilities on or after
July 26, 2014, the number of correctional  facilities  operated  by  the
department   of  corrections  and  community  supervision  shall  remain
unchanged until July 26, 2016, unless there  are  material  or  unantic-
ipated  changes  in  the state's fiscal circumstances, financial plan or
revenue.  Nothing shall restrict the governor or the commissioner of the
department  of  corrections  and  community  supervision   from   making
announcements  in accordance with the one-year notification requirements
of section 79-a of the correction law in relation to  a  closure  on  or
after July 26, 2016.
  S  2.  The commissioner of corrections and community supervision shall
conduct a review of security staffing at each facility,  and  develop  a
three-year  plan to enhance safety in correctional facilities, which may
include increases in security  staffing.  In  preparing  the  plan,  the
commissioner  shall  solicit  feedback  from  the public employee unions
representing security staff. As part of such  plan,  during  the  fiscal
year  beginning April 1, 2014, the department shall deploy the first 275
of these additional security staff.
  S  3.  By  no  later  than  September  30,  2014,  the  department  of
corrections  and  community supervision shall develop clear and detailed
definitions of at least four graduated categories of degrees of injuries
that may result from assaults occurring within correctional  facilities.
Beginning  on January 10, 2015, and within ten days of the start of each
quarter thereafter, the department of corrections and  community  super-
vision  shall  make public   the number of assaults occurring within the
prior quarter by inmates on staff, and  by  inmates  on  other  inmates,
which shall list the degrees of injuries that resulted from the assaults
within the detailed categories defined by such department.
  S 4. This act shall take effect immediately.

                                 PART T

  Section  1.   Short title. This act shall be known and may be cited as
the "Mohawk Valley and Niagara county assessment relief act".
  S 2. Definitions. For the purposes of this act,  the  following  terms
shall have the following meanings:
  1.  "Eligible  county"  shall  mean  the counties of Oneida, Herkimer,
Madison, Montgomery, Tompkins, Cortland, Chemung, Schuyler, Steuben  and
Niagara.
  2.  "Eligible  municipality"  shall  mean  a municipal corporation, as
defined by subdivision 10 of section 102 of the real property  tax  law,
which  is  either: (a) an eligible county; or (b) a city, town, village,
special district, or school district that is wholly or partly  contained
within an eligible county.
  3.  "Impacted  tax  roll"  shall  mean the final assessment roll which
satisfies both of the following conditions: (a) the roll is based upon a
taxable status date occurring prior to June  20,  2013;  and  (b)  taxes
levied  upon  that  roll by or on behalf of a participating municipality
are payable without interest on or after June 20, 2013.

S. 6355--D                         78                         A. 8555--D

  4. "Participating municipality" shall mean  an  eligible  municipality
that  has  passed  a  local  law,  ordinance,  or resolution pursuant to
section three of this act  to  provide  assessment  relief  to  property
owners  within  such eligible municipality pursuant to the provisions of
this act.
  5.  "Severe  weather"  shall  mean the storms, rains, winds, or floods
which occurred within an eligible county during the period beginning  on
June 20, 2013 and ending August 9, 2013.
  6.  "Total  assessed value" shall mean the total assessed value on the
parcel prior to any and all exemption adjustments.
  7. "Improved value" shall mean the market value of the  real  property
improvements excluding the land.
  8.  "Property"  shall  mean  "real  property", "property" or "land" as
defined under paragraphs (a) through (g) of subdivision  12  of  section
102 of the real property tax law.
  S   3.  Local  option.  An  eligible  municipality  may  exercise  the
provisions of this act if its governing body shall, by  the  forty-fifth
day  following the date upon which this act is approved by the governor,
pass a local law or in the case of a school district a resolution adopt-
ing the provisions of this act.   An eligible municipality  may  provide
assessment  relief  for real property impacted by severe weather located
within such municipality as provided  in  paragraphs  (i),  (ii),  (iii)
and/or  (iv)  of subdivision (a) of section four of this act only if its
governing body specifically elects to do so as part of such local law or
resolution.
  S 4. Assessment relief for severe weather victims in an eligible coun-
ty. (a) Notwithstanding any provision of law to the contrary, where real
property impacted by severe weather is located  within  a  participating
municipality, assessment relief shall be granted as follows:
  (i)  If a participating municipality has elected to provide assessment
relief for real property that lost at least ten percent  but  less  than
twenty percent of its improved value due to severe weather, the assessed
value  attributable  to  the  improvements  shall  be reduced by fifteen
percent for purposes of the participating municipality on  the  impacted
tax roll.
  (ii) If a participating municipality has elected to provide assessment
relief for real property that lost at least twenty percent but less than
thirty percent of its improved value due to severe weather, the assessed
value  attributable  to the improvements shall be reduced by twenty-five
percent for purposes of the participating municipality on  the  impacted
tax roll.
  (iii)  If  a participating municipality has elected to provide assess-
ment relief for real property that lost at least thirty percent but less
than forty percent of its improved value  due  to  severe  weather,  the
assessed  value  attributable  to  the  improvements shall be reduced by
thirty-five percent for purposes of the  participating  municipality  on
the impacted tax roll.
  (iv) If a participating municipality has elected to provide assessment
relief  for real property that lost at least forty percent but less than
fifty percent of its improved value due to severe weather, the  assessed
value  attributable  to  the improvements shall be reduced by forty-five
percent for purposes of the participating municipality on  the  impacted
tax roll.
  (v) If the property lost at least fifty but less than sixty percent of
its  improved  value due to severe weather, the assessed value attribut-

S. 6355--D                         79                         A. 8555--D

able to the improvements shall be  reduced  by  fifty-five  percent  for
purposes of the participating municipality on the impacted tax roll.
  (vi) If the property lost at least sixty but less than seventy percent
of  its improved value due to severe weather, the assessed value attrib-
utable to the improvements shall be reduced by  sixty-five  percent  for
purposes of the participating municipality on the impacted tax roll.
  (vii)  If  the  property  lost  at  least seventy but less than eighty
percent of its improved value due to severe weather, the assessed  value
attributable  to  the  improvements  shall  be  reduced  by seventy-five
percent for purposes of the participating municipality on  the  impacted
tax roll.
  (viii)  If  the  property  lost  at  least eighty but less than ninety
percent of its improved value due to severe weather, the assessed  value
attributable to the improvements shall be reduced by eighty-five percent
for purposes of the participating municipality on the impacted tax roll.
  (ix)  If  the  property lost at least ninety but less than one hundred
percent of its improved value due to severe weather, the assessed  value
attributable to the improvements shall be reduced by ninety-five percent
for purposes of the participating municipality on the impacted tax roll.
  (x) If the property lost one hundred percent of its improved value due
to  severe  weather, the assessed value attributable to the improvements
shall be reduced by one hundred percent for purposes of the  participat-
ing municipality on the impacted tax roll.
  (xi)  The  percentage loss in improved value for this purpose shall be
determined by the assessor in the manner provided by this  act,  subject
to review by the board of assessment review.
  (xii) No reduction in assessed value shall be granted pursuant to this
act  except  as  specified  above  for  such  counties.  No reduction in
assessed value shall be granted pursuant to this section for purposes of
any county, city, town, village or school district which has not adopted
the provisions of this act.
  (b) To receive such relief pursuant  to  this  section,  the  property
owner  shall submit a written request to the assessor on a form approved
by the director of the state office of real property tax services within
ninety days following the date upon which this act is  approved  by  the
governor.  Such  request  shall describe in reasonable detail the damage
caused to the property by severe weather and the condition of the  prop-
erty following the severe weather and shall be accompanied by supporting
documentation, if available.
  (c)  Upon receiving such a request, the assessor shall make a finding,
as to whether the property lost at least fifty percent of  its  improved
value or, if a participating municipality has elected to provide assess-
ment  relief for real property that lost a lesser percentage of improved
value, such lesser percentage of its  improved  value  as  a  result  of
severe weather, and thereafter the assessor, shall adopt or classify the
percentage loss of improved value within one of the following ranges:
  (i)  If a participating municipality has elected to provide assessment
relief for real property that lost at least ten percent  but  less  than
twenty  percent of its improvement value due to severe weather, at least
ten percent but less than twenty percent,
  (ii) If a participating municipality has elected to provide assessment
relief for real property that lost at least twenty percent but less than
thirty percent of its improved value due to  severe  weather,  at  least
twenty percent but less than thirty percent,
  (iii)  If  a participating municipality has elected to provide assess-
ment relief for real property that lost at least thirty percent but less

S. 6355--D                         80                         A. 8555--D

than forty percent of its improved value due to severe weather, at least
thirty percent but less than forty percent,
  (iv) If a participating municipality has elected to provide assessment
relief  for real property that lost at least forty percent but less than
fifty percent of its improved value due  to  severe  weather,  at  least
forty percent but less than fifty percent,
  (v) At least fifty percent but less than sixty percent,
  (vi) At least sixty percent but less than seventy percent,
  (vii) At least seventy percent but less than eighty percent,
  (viii) At least eighty percent but less than ninety percent,
  (ix) At least ninety percent but less than one hundred percent, or
  (x) one hundred percent.
  (d)  The  assessor  shall  mail  written notice of such finding to the
property owner and the participating municipality.  Where  the  assessor
finds  that the loss in improved value is less than fifty percent or, if
a participating municipality has elected to  provide  assessment  relief
for  real  property located within such participating municipality for a
lesser percentage, is less than such lesser  percentage,  or  classifies
the  loss  within  a  lower  range  than  the property owner believes is
warranted, the property owner may file a complaint  with  the  board  of
assessment  review.  Such  board  shall  reconvene upon ten days written
notice to the property owner and assessor to hear the appeal and  deter-
mine  the  matter, and shall mail written notice of its determination to
the assessor and property owner. The provisions of article 5 of the real
property tax law shall govern the review process to the extent practica-
ble. For the purposes of this act only, the applicant may commence with-
in 30 days of service of a written  determination,  a  proceeding  under
title  1  of  article 7 of the real property tax law, or, if applicable,
under title 1-A of article 7 of the real property tax law. Sections  727
and 739 of the real property tax law shall not apply.
  (e)  Where  property  has  lost at least fifty percent of its improved
value or, if a participating municipality has elected to provide assess-
ment relief for real property that lost a lesser percentage of  improved
value,  such lesser percentage due to severe weather, the assessed value
attributable to the improvements on the property on the impacted assess-
ment roll shall be reduced by the appropriate  percentage  specified  in
subdivision  (a) of this section, provided that any exemptions which the
property may be receiving shall be adjusted as necessary to account  for
such  reduction  in  the  total  assessed value. To the extent the total
assessed value of the property originally appearing on such roll exceeds
the amount to which it should be  reduced  pursuant  to  this  act,  the
excess  shall  be  considered  an  error in essential fact as defined by
subdivision 3 of section 550 of the real property tax law.  If the error
appears on a tax roll, the tax roll shall be  corrected  in  the  manner
provided  by  section  554  of  the real property tax law or a refund or
credit of taxes shall be granted in the manner provided by  section  556
or section 556-b of the real property tax law. If the error appears on a
final  assessment roll but not on a tax roll, such final assessment roll
shall be corrected in the manner provided by section  553  of  the  real
property  tax  law.  The errors in essential fact found pursuant to this
act on either the tax roll or final assessment roll, upon application to
the county director of real property tax services, shall be forwarded by
the county director of real property tax  services  immediately  to  the
levying  body  for  an  immediate  order  setting  forth the appropriate
correction.

S. 6355--D                         81                         A. 8555--D

  (f) The rights contained in this act shall not otherwise diminish  any
other  legally  available  right  of any property owner or party who may
otherwise lawfully challenge the valuation or  assessment  of  any  real
property or improvements thereon. All remaining rights hereby remain and
shall  be  available to the party to whom such rights would otherwise be
available notwithstanding this act.
  S 5. The commissioner of taxation and finance is authorized to develop
a guidance memorandum for use by assessing units. Such guidance memoran-
dum shall assist with the implementation of this act and shall be deemed
to be advisory on all assessing units in counties  which  implement  the
provisions  of this act.  The guidance memorandum shall have no force or
effect or serve as authority for any other act of assessing units or  of
the  interpretation  or  implementation  of the laws of the state of New
York except as they relate to the specific implementation of this act.
  S 6. School districts held harmless.  Each  school  district  that  is
wholly  or  partially  contained within an eligible county shall be held
harmless by the state for any reduction in state  aid  that  would  have
been paid as tax savings pursuant to section 1306-a of the real property
tax law incurred due to the provisions of this act.
  S  7.  Bonds  authorized.  Serial  bonds, and in advance of such, bond
anticipation notes, are hereby authorized pursuant to  subdivision  33-c
of  paragraph  a  of  section  11.00 of the local finance law, provided,
however, that any federal  community  development  block  grant  funding
received  by  such  participating  municipality,  in relation to loss of
property tax funding, shall first be used to defease, upon maturity, the
interest and principal of any such bond or note so outstanding.
  S 8. Paragraph a of section 11.00 of the local finance law is  amended
by adding a new subdivision 33-c to read as follows:
  33-C.  REAL  PROPERTY TAX REFUNDS AND CREDITS. PAYMENTS OF EXEMPTIONS,
REFUNDS, OR CREDITS FOR REAL PROPERTY TAX, SEWER AND WATER RENTS,  RATES
AND  CHARGES  AND  ALL OTHER REAL PROPERTY TAXES TO BE MADE BY A MUNICI-
PALITY, SCHOOL DISTRICT OR DISTRICT CORPORATION AS A RESULT  OF  PARTIC-
IPATING  IN  THE MOHAWK VALLEY AND NIAGARA COUNTY ASSESSMENT RELIEF ACT,
TEN YEARS.
  S 9. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after June 20, 2013.

                                 PART U

  Section  1.  Paragraph a of subdivision 3 of section 467-b of the real
property tax law, as separately amended by chapters 188 and 205  of  the
laws of 2005, is amended to read as follows:
  a.  for  a  dwelling  unit where the head of the household is a person
sixty-two years of age or older, no tax abatement shall  be  granted  if
the  combined  income of all members of the household for the income tax
year immediately preceding the date of making application  exceeds  four
thousand  dollars,  or such other sum not more than twenty-five thousand
dollars beginning July first, two  thousand  five,  twenty-six  thousand
dollars  beginning  July  first, two thousand six, twenty-seven thousand
dollars beginning July first, two thousand seven, twenty-eight  thousand
dollars  beginning  July  first,  two  thousand eight, [and] twenty-nine
thousand dollars beginning July first,  two  thousand  nine,  AND  FIFTY
THOUSAND  DOLLARS BEGINNING JULY FIRST, TWO THOUSAND FOURTEEN, as may be
provided by the local law, ordinance or resolution adopted  pursuant  to
this  section,  provided  that  when  the  head of the household retires
before the commencement of such income tax year and the date  of  filing

S. 6355--D                         82                         A. 8555--D

the  application,  the income for such year may be adjusted by excluding
salary or earnings and projecting his or her retirement income over  the
entire period of such year.
  S  2.  Subparagraph 1 of paragraph d of subdivision 1 of section 467-c
of the real property tax law, as separately amended by chapters 188  and
205 of the laws of 2005, is amended to read as follows:
  (1)  a  person  or  his or her spouse who is sixty-two years of age or
older and is entitled to the possession or to the use and occupancy of a
dwelling unit, provided, however, with respect to a dwelling  which  was
subject  to  a  mortgage  insured  or  initially  insured by the federal
government pursuant to section two  hundred  thirteen  of  the  National
Housing Act, as amended "eligible head of the household" shall be limit-
ed to that person or his or her spouse who was entitled to possession or
the  use  and occupancy of such dwelling unit at the time of termination
of such mortgage, and whose income when combined with the income of  all
other  members  of  the  household,  does  not  exceed six thousand five
hundred dollars for the taxable period, or such other sum not less  than
sixty-five  hundred  dollars  nor more than twenty-five thousand dollars
beginning July first, two thousand  five,  twenty-six  thousand  dollars
beginning  July  first,  two thousand six, twenty-seven thousand dollars
beginning July first, two thousand seven, twenty-eight thousand  dollars
beginning  July  first,  two  thousand eight, [and] twenty-nine thousand
dollars beginning July first, two  thousand  nine,  AND  FIFTY  THOUSAND
DOLLARS  BEGINNING JULY FIRST, TWO THOUSAND FOURTEEN, as may be provided
by local law; or
  S 3. The state shall reimburse the city of New York for the difference
between the amount of real property tax revenue abated  for  the  period
beginning  July  1, 2014 and ending June 30, 2016 pursuant to the income
threshold established by sections one and two of this act and the amount
of real property tax revenue that would have been abated for the  period
beginning  July  1, 2014 and ending June 30, 2016 pursuant to the income
thresholds that were in effect immediately prior to the income threshold
increases established by sections one and two of this act. Prior to  any
payment,  the  city shall provide attestation to the director of the New
York state division of the budget and the state comptroller  as  to  the
actual amount of real property tax revenue abated pursuant to the income
thresholds  established by sections one and two of this act for the city
fiscal years beginning July 1, 2014 and July  1,  2015  and  the  actual
amount of real property tax revenue that would have been abated pursuant
to  the  income  thresholds that were in effect immediately prior to the
income threshold increases established by sections one and two  of  this
act  for  the city fiscal years beginning July 1, 2014 and July 1, 2015.
The information contained within such attestation may be subject to  the
audit and verification by the state comptroller.
  S 4. This act shall take effect July 1, 2014, and sections one and two
of this act shall expire and be deemed repealed 2 years after the effec-
tive  date  thereof; provided that the amendment to section 467-b of the
real property tax law made by section one of this act shall  not  affect
the expiration of such section and shall be deemed to expire therewith.

                                 PART V

  Section  1.  This  act enacts into law major components of legislation
relating to the city of Yonkers.  Each  component  is  wholly  contained
within  a Subpart identified as Subparts A and B. The effective date for
each particular provision contained within such Subpart is set forth  in

S. 6355--D                         83                         A. 8555--D

the last section of such Subpart. Any provision in any section contained
within  a  Subpart,  including  the effective date of the Subpart, which
makes a reference to a section "of this act", when  used  in  connection
with that particular component, shall be deemed to mean and refer to the
corresponding  section  of  the  Subpart  in which it is found.  Section
three of this act sets forth the general effective date of this act.

                                SUBPART A

  Section 1. Short title. This act shall be known and may  be  cited  as
the "Yonkers city school district deficit financing act".
  S  2.  Definitions. (a) "Budget" shall mean a current operating budget
of the city, including the school district, prepared or adopted pursuant
to general, special or local law, being the annual budget  and  estimate
of  expenditures to be made during a fiscal year for the general support
and current expenses of the government of the city, including the school
district, to be paid from taxes or assessments or other current revenues
of the city for such year.
  (b) "City" shall mean the city of Yonkers.
  (c) "Commissioner of education" shall mean the New York state  commis-
sioner of education.
  (d) "Comptroller" shall mean the New York state comptroller.
  (e) "School district" shall mean the Yonkers city school district.
  (f) "Mayor" shall mean the mayor of the city of Yonkers.
  (g)  "City  council"  shall  mean  the legislative body of the city of
Yonkers.
  (h) "Fiscal year" shall mean the fiscal year of the city.
  (i) "Superintendent" shall mean the superintendent of the Yonkers city
school district.
  (j) "Board of education" shall mean the Yonkers city  school  district
board of education.
  S  3.  Bonds.  The  city  is  hereby authorized to issue serial bonds,
subject to the provisions of section 10.10 of the local finance law,  on
or before March 31, 2015, in an aggregate principal amount not to exceed
$45,000,000  for  the  specific object or purpose of liquidating current
deficits in the school district general fund as of  June  30,  2014.  In
anticipation  of the issuance and sale of such serial bonds, bond antic-
ipation notes are hereby authorized to be issued. The city shall use the
proceeds of such serial bonds or bond anticipation  notes  to  liquidate
any  such deficit, in accordance with subparagraph 7 of subdivision a of
section 6 of chapter 488 of the laws of 1976.
  S 4. Budget review. During the  effective  period  of  this  act,  the
mayor,  in  direct consultation with the superintendent and the board of
education, shall submit the proposed  budget  for  the  next  succeeding
fiscal  year  to  the  state comptroller and also to the commissioner of
education no later than thirty days before the date  scheduled  for  the
city council's vote on the adoption of the final budget or the last date
on  which  the  budget  may be finally adopted, whichever is sooner. The
state comptroller and  commissioner  of  education  shall  examine  such
proposed  budget  and  make  such  recommendations as deemed appropriate
thereon to the city prior to the adoption of the budget,  but  no  later
than  ten  days before the date scheduled for the city council's vote on
the adoption of the final budget or the last date on  which  the  budget
must be adopted, whichever is sooner. Such recommendations shall be made
after examination into the estimates of revenues and expenditures of the
city. The city council, no later than five days prior to the adoption of

S. 6355--D                         84                         A. 8555--D

the  budget,  shall review any such recommendations and make adjustments
to the proposed budget consistent with any recommendations made  by  the
state comptroller and commissioner of education.
  S  5.  Notwithstanding  any other law to the contrary, payment of debt
service on serial bonds or bond anticipation notes  issued  pursuant  to
this  act  shall  not  be  considered when determining the "city amount"
required pursuant to subparagraph (ii) of paragraph a of subdivision 5-b
of section 2576 of the education law.
  S 6. Severability clause. If any clause, sentence, paragraph,  section
or  part  of this act shall be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date the remainder thereof, but shall be confined in  its  operation  to
the clause, sentence, paragraph, section or part involved in the contro-
versy in which such judgment shall have been rendered. The provisions of
this  act shall be liberally construed to assist the effectuation of the
public purposes furthered hereby.
  S 7. This act shall take effect immediately; and shall remain in  full
force  and effect until the tenth anniversary of the date of issuance of
deficit bonds or of first issuance of deficit  notes  pursuant  to  this
act,  whichever  is  earlier, when upon such date the provisions of this
act shall expire and be deemed repealed; and provided, however, that the
state comptroller shall notify the legislative bill drafting  commission
upon  the  occurrence of this act in order that the commission may main-
tain an accurate and timely effective data base of the official text  of
the  laws  of  the  state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of  the
public officers law.

                                SUBPART B

  Section 1. Notwithstanding any other provision of law, and in addition
to  the  powers currently authorized to be exercised by the state of New
York municipal bond bank agency, the state of New  York  municipal  bond
bank agency may provide, for purposes of municipal relief to the city of
Yonkers  to  support  public  schools  in  the city, a sum not to exceed
$28,000,000 for the city fiscal year ending June 30, 2015, to  the  city
of  Yonkers.  Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the state  of
New York mortgage agency shall transfer to the state of New York munici-
pal bond bank agency for distribution as municipal relief to the city of
Yonkers, a total sum not to exceed $28,000,000, such transfer to be made
from  (i)  the  special  account  of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law, in  an  amount
not  to  exceed  the actual excess balance in the special account of the
mortgage insurance fund, as determined and certified by the state of New
York mortgage agency for the fiscal year 2013-2014  in  accordance  with
section  2429-b  of  the  public  authorities  law,  if any, and/or (ii)
provided that the reserves in the project pool insurance account of  the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities  law are sufficient to attain and maintain the credit rating
(as determined by the agency) required to  accomplish  the  purposes  of
such  account, the project pool insurance account of the mortgage insur-
ance fund created pursuant to section 2429-b of the  public  authorities
law,  such  transfer  to  be made as soon as practicable after April 14,
2014 but no later than June 30, 2015,  provided  however  that  no  such
transfer  is  to  be  made  unless and until the city of Yonkers and the

S. 6355--D                         85                         A. 8555--D

Yonkers city school district enter  into  an  inter-municipal  agreement
that the New York state director of the budget determines would meet the
requirements  of  section two of this act. Notwithstanding any provision
of law to the contrary, payments made to the city of Yonkers pursuant to
this  act  shall  not  be  considered when determining the "city amount"
required pursuant to subparagraph (ii) of paragraph (a)  of  subdivision
5-b of section 2576 of the education law.
  S 2. The inter-municipal agreement required by section one of this act
shall  include and provide for the following administrative controls and
reforms, each of which is hereby authorized by this  act,  however,  but
shall  not  supersede  the  authorization  of the superintendent and the
board of education as provided for  in  the  education  law,  except  as
specifically provided herein:
  1.  Assumption of all current Yonkers city school district finance and
budget functions in direct consultation with the superintendent and  the
board of education by the city of Yonkers including, but not limited to:
(a)  financial  management,  including the accounts receivable, accounts
payable and accounting functions; (b) budgeting; (c) payroll; (d)  capi-
tal programming, financing and project oversight; (e) grants accounting;
(f)  procurement, purchasing, and contracting, including consultation on
all labor contracts; (g) office of  claims  auditor;  and  (h)  property
acquisition, building, and/or leasing.
  2.  Authority  of  the city of Yonkers in direct consultation with the
superintendent and the board of education to supervise the  non-academic
operation  of  functions of the Yonkers city school district, including:
(a) the office of chief administrative officer, including  the  communi-
cations  function;  (b)  legal;  (c)  information  technology, including
records management, central printing, and mailing; (d) human  resources;
(e)  public  works; (f) facilities and grounds management; (g) engineer-
ing; and (h) transportation.
  3. The authority of the city of Yonkers shall  include  the  right  to
create, abolish, maintain and consolidate all positions within the func-
tions  outlined  in  subdivisions  one  and  two of this section, and to
supervise the activities  of  all  personnel  which  operate  within  or
support  said  functions,  provided however that the Yonkers city school
district shall retain the authority granted to it pursuant to the educa-
tion law with regard to the creation, abolition, maintenance or  consol-
idation  of  positions  which have a nexus to the academic activities of
the Yonkers city school district, including all tenure decisions, school
registration, school choice functions  and  those  Yonkers  city  school
district positions which lie outside the scope of the functions outlined
in  subdivisions  one and two of this section, and the superintendent of
schools shall retain the authority granted pursuant to the education law
to supervise and direct  such  personnel  of  the  Yonkers  city  school
district  which  have  a nexus to the academic activities of the Yonkers
city school district and those Yonkers city  school  district  positions
which  lie  outside  the scope of the functions outlined in subdivisions
one and two of this section, subject to approved budgets  and  financial
controls as shall be established by the city of Yonkers.
  4.  The  authority  of the city of Yonkers in direct consultation with
the superintendent and the board of education shall include  the  imple-
mentation  of a schedule of public hearings on the budget of the Yonkers
city school district which hearings shall be held not less than quarter-
ly, and which shall include at least two public hearings in  the  second
quarter  of each calendar year, one of which is prior and one subsequent

S. 6355--D                         86                         A. 8555--D

to the submission of the  city  of  Yonkers's  budget  to  the  city  of
Yonkers's city council.
  S 3. For all powers and duties assumed by the city of Yonkers pursuant
to  the  inter-municipal  agreement  required by sections one and two of
this act, the city of Yonkers shall be subject to  the  jurisdiction  of
the  board of regents and the department of education in the same manner
and to the same extent as the city school district, for such functions.
  S 4. Severability clause. If any clause, sentence, paragraph,  section
or  part  of this act shall be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date the remainder thereof, but shall be confined in  its  operation  to
the clause, sentence, paragraph, section or part involved in the contro-
versy in which such judgment shall have been rendered. The provisions of
this  act shall be liberally construed to assist the effectuation of the
public purposes furthered hereby.
  S 5. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph,  section
or  part  of this act shall be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date the remainder thereof, but shall be confined in  its  operation  to
the clause, sentence, paragraph, section or part involved in the contro-
versy in which such judgment shall have been rendered. The provisions of
this  act shall be liberally construed to assist the effectuation of the
public purposes furthered hereby.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable  effective date of Subparts A and B of this act shall be
as specifically set forth in the last section of such Subparts.

                                 PART W

  Section 1. Notwithstanding any other provision of law, and in addition
to the powers currently authorized to be exercised by the state  of  New
York  municipal  bond  bank agency, the state of New York municipal bond
bank agency may provide, for purposes of municipal relief to the city of
Rochester, a sum not to exceed  $6,000,000  for  the  city  fiscal  year
ending  June  30,  2015,  to  the city of Rochester. Notwithstanding any
other provision of law, and subject to the  approval  of  the  New  York
state  director  of  the  budget,  the state of New York mortgage agency
shall transfer to the state of New York municipal bond bank  agency  for
distribution  as  municipal relief to the city of Rochester, a total sum
not to exceed $6,000,000, such transfer to be made from (i) the  special
account  of  the  mortgage  insurance  fund  created pursuant to section
2429-b of the public authorities law, in an amount  not  to  exceed  the
actual  excess  balance in the special account of the mortgage insurance
fund, as determined and certified by the  state  of  New  York  mortgage
agency  for  the fiscal year 2013-2014 in accordance with section 2429-b
of the public authorities law, if any, and/or  (ii)  provided  that  the
reserves in the project pool insurance account of the mortgage insurance
fund  created  pursuant  to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating  (as  determined
by  the agency) required to accomplish the purposes of such account, the
project pool insurance account of the mortgage  insurance  fund  created
pursuant  to section 2429-b of the public authorities law, such transfer
to be made as soon as practicable after April 4, 2014 but no later  than
June 30, 2015.
  S 2. This act shall take effect immediately.

S. 6355--D                         87                         A. 8555--D

                                 PART X

  Section  1.  Paragraph b of subdivision 2 of section 54-l of the state
finance law, as amended by section 1 of part EE of  chapter  57  of  the
laws of 2013, is amended to read as follows:
  b.  Within  the amounts appropriated therefor, eligible municipalities
shall receive an amount equal to [fifty-five]  SEVENTY  percent  of  the
state  aid  payment  received  in the state fiscal year commencing April
first, two thousand eight from  an  appropriation  for  aid  to  munici-
palities with video lottery gaming facilities.
  S 2. This act shall take effect immediately.

                                 PART Y

  Section  1.   Subdivision 8 of section 9 of chapter 401 of the laws of
2002, amending the real property tax law and the Nassau county  adminis-
trative  code  relating  to  assessment and review of assessments in the
county of Nassau, as amended by section 1 of part Z of chapter 55 of the
laws of 2013, is amended to read as follows:
  8. Notwithstanding the foregoing provisions of this act, on  June  30,
[2014]  2016,  the amendments of sections 6-2.1 and 6-13.0 of the Nassau
county administrative code, made by sections two and four of  this  act,
and  section 6-24.1 of such code, as added by section seven of this act,
shall be deemed repealed. On such date the addition of  the  words  "the
year  following" to the first sentence of subdivision 8 of section 523-b
of the real property tax law, as amended by section  one  of  this  act,
shall be deemed repealed.
  S 2. This act shall take effect immediately.

                                 PART Z

  Section  1. Section 1 of chapter 174 of the laws of 1968, constituting
the New York state urban development  corporation  act,  is  amended  by
adding a new section 16-w to read as follows:
  S 16-W. BEGINNING FARMERS NY FUND. 1. THE BEGINNING FARMERS NY FUND IS
HEREBY  CREATED. THE PURPOSE OF THE BEGINNING FARMERS NY FUND IS TO MAKE
GRANTS TO ELIGIBLE APPLICANTS, TO SUPPORT BEGINNING FARMERS AND  ENCOUR-
AGE  THEM  TO  CONSIDER  FARMING AS A CAREER, RESULTING IN THE GROWTH OF
AGRIBUSINESS WITHIN THE STATE AND THE CONCOMITANT TAX REVENUES  FOR  THE
STATE.
  2.  THE  CORPORATION  SHALL CONSULT WITH THE DEPARTMENT OF AGRICULTURE
AND MARKETS IN ORDER TO ESTABLISH SUCH CRITERIA GOVERNING THE  AWARD  OF
GRANTS AS AUTHORIZED HEREIN, AS THE CORPORATION AND SUCH DEPARTMENT DEEM
NECESSARY. SUCH CRITERIA SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) FARMERS WHO HAVE NOT PRODUCED AN "AGRICULTURAL PRODUCT" AS DEFINED
IN THE AGRICULTURE AND MARKETS LAW, FOR MORE THAN TEN CONSECUTIVE YEARS,
AND  WHO WILL MATERIALLY AND SUBSTANTIALLY PARTICIPATE IN THE PRODUCTION
OF AN AGRICULTURAL PRODUCT WITHIN A REGION OF THE STATE.
  (B) FARMERS WHO DEMONSTRATE INNOVATIVE AGRICULTURAL TECHNIQUES INCLUD-
ING, BUT NOT LIMITED TO, ORGANIC FARMING AND SPECIALTY CROPS.
  (C) FARMS OF ONE HUNDRED FIFTY ACRES OR LESS.
  3. THE CORPORATION SHALL ESTABLISH A COMPETITIVE PROCESS FOR THE EVAL-
UATION OF APPLICANTS FOR THE BEGINNING FARMERS NY  FUND.  WHEN  AWARDING
FUNDS PURSUANT TO THIS SECTION, THE CORPORATION SHALL ENSURE THAT APPLI-
CANTS  MEET  THE CRITERIA AND REQUIREMENTS DETERMINED BY THE CORPORATION
PURSUANT TO THIS SECTION.

S. 6355--D                         88                         A. 8555--D

  4. THE BEGINNING FARMERS NY FUND SHALL NOT INVEST  AN  AMOUNT  IN  ANY
SINGLE  BENEFICIARY  THAT EXCEEDS FIFTY THOUSAND DOLLARS, SUBJECT TO ANY
EXCEPTIONS TO BE ESTABLISHED BY GUIDELINES OF THE CORPORATION.
  5.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, THE CORPO-
RATION MAY ESTABLISH A PROGRAM FUND FOR PROGRAM USE AND  PAY  INTO  SUCH
FUND  ANY  ELIGIBLE  FUNDS AVAILABLE TO THE CORPORATION FROM ANY SOURCE,
INCLUDING MONEYS APPROPRIATED BY THE STATE.
  6. THE CORPORATION SHALL SUBMIT A REPORT ANNUALLY ON DECEMBER  THIRTY-
FIRST  TO  THE  DIRECTOR  OF  THE BUDGET, THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF  THE  SENATE
AND  THE  MINORITY LEADER OF THE ASSEMBLY DETAILING (A) THE TOTAL AMOUNT
OF FUNDS COMMITTED TO EACH APPLICANT; (B) THE LOCATION  OF  EACH  APPLI-
CANT; AND (C) SUCH OTHER INFORMATION AS THE CORPORATION DEEMS NECESSARY.
  7.  THE  CORPORATION  IS HEREBY AUTHORIZED TO ESTABLISH GUIDELINES FOR
THE ADMINISTRATION OF THE PROGRAM, INCLUDING APPLICATION PROCEDURES  AND
DISBURSEMENT  TERMS,  AND TO PROVIDE FOR THE REPAYMENT OF FUNDS RECEIVED
BY THE BENEFICIARY IF THE BENEFICIARY LEAVES NEW YORK STATE OR OTHERWISE
CEASES FARMING ACTIVITY WITHIN A PERIOD OF TIME TO BE ESTABLISHED BY THE
CORPORATION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a  law;  provided,  however,  that  any  guidelines
necessary  for  the  timely  implementation of this act on its effective
date, may be promulgated on or before such effective date.

                                 PART AA

  Section 1. Subdivision 1 of section 16-c of section 1 of  chapter  174
of  the  laws of 1968, constituting the New York state urban development
corporation act, as added by chapter 169 of the laws of 1994, is amended
to read as follows:
  (1)  Minority-  and  women-owned  business  development  and   lending
program.   (a) There is hereby created a minority- and women-owned busi-
ness development and lending program for the purpose of providing finan-
cial and technical assistance to minority and women-entrepreneurs.
  (b) For the purposes of this section  the  following  words  or  terms
shall mean as follows:
  (i)  "minority-owned business enterprise" or "minority-owned business"
shall mean the same as "minority  business  enterprise"  as  defined  in
subdivision three of section two hundred ten of the economic development
law.
  (ii) "women-owned business enterprise" or "women-owned business" shall
mean  the same as "women-owned business enterprise" as defined in subdi-
vision five of section two hundred ten of the economic development law.
  (iii) "incubator" shall mean  a  facility  providing  low-cost  space,
technical  assistance  and  support services, including, but not limited
to, central services shared by tenants of the facility, to minority- and
women-owned business enterprises.
  (c) Assistance shall not be provided under this section for:
  (i) the purchase or rehabilitation of real  property  for  speculative
purposes;
  (ii) payment of any tax or employee benefit arrearage;
  (iii)    residential    construction,    renovation   or   development
construction, except for assistance to minority  and  women  contractors
under subdivision four of this section;
  (iv)  educational institutions and proprietary education firms, except
licensed child care facilities;

S. 6355--D                         89                         A. 8555--D

  (v) hospitals or residential health care facilities;
  (vi) overnight lodging facilities;
  (vii)  refinancing  of  debt  or  equity  invested in an enterprise or
project.
  (d) The corporation is authorized to:
  (i) establish programs in  conjunction  with  locally,  and  community
based  entities  to  decentralize  lending  for small loans and loans to
start up minority- and women-owned businesses;
  (ii) establish a comprehensive program for minority and women contrac-
tors, which may include assistance through loans, bonding assistance and
technical assistance;
  (iii) establish a program to provide loans  to  established  minority-
and women-owned businesses and for minority- and women-owned businesses,
including  loans to such businesses seeking to acquire or expand a fran-
chise;
  (iv) provide loan guarantees to financial institutions and make linked
deposits into federally  and  state  chartered  credit  unions  for  the
purpose  of  encouraging private financial institutions to make loans to
minority- and women-owned businesses;
  (v) establish a program to create incubators to assist small and  high
risk minority- and women-owned businesses to grow and prosper;
  (vi)  promote  equity  investment  in  minority- and women-owned busi-
nesses; [and]
  (vii) establish a comprehensive technical assistance program in  coop-
eration  with the department of economic development to assist minority-
and women-owned businesses and potential minority  and  women-entrepren-
eurs[.]; AND
  (VIII) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ESTABLISH
A MINORITY- AND WOMEN-OWNED BUSINESS INVESTMENT FUND TO PROVIDE CRITICAL
FINANCIAL  SUPPORT  TO  FOSTER THE DEVELOPMENT OF NEW AND EMERGING IDEAS
AND PRODUCTS OF MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES  AS  WELL
AS  TO  PROMOTE THE LONG-TERM FINANCIAL PERFORMANCE AND SUCCESS OF EARLY
STAGE ENTERPRISES THAT ARE  MINORITY-  AND  WOMEN-OWNED  START-UPS.  THE
SELECTION  OF  AN  ELIGIBLE  APPLICANT AND BENEFICIARY COMPANIES FOR THE
MINORITY- AND WOMEN-OWNED BUSINESS INVESTMENT FUND SHALL BE SELECTED  BY
THE  PROCESS  ESTABLISHED  PURSUANT  TO SUBDIVISIONS TWO THROUGH FOUR OF
SECTION SIXTEEN-U OF THIS ACT. MINORITY- OR WOMEN-OWNED BUSINESS  ENTER-
PRISES  WHO  PARTICIPATE  IN  SUCH  MINORITY-  AND  WOMEN-OWNED BUSINESS
INVESTMENT FUND UNDER THIS SUBDIVISION SHALL NOT BE PRECLUDED FROM QUAL-
IFYING FOR ANY OTHER ASSISTANCE, GRANT OR LOAN MADE AVAILABLE  FROM  THE
STATE.
  S 2. This act shall take effect immediately.

                                 PART BB

  Section  1.  Section 431 of the economic development law is amended by
adding a new subdivision 14 to read as follows:
  14. "CORRECTIONAL FACILITY" MEANS, BEGINNING  JULY  TWENTY-SIXTH,  TWO
THOUSAND FOURTEEN, LAND OR A BUILDING OR GROUP OF BUILDINGS OWNED BY THE
STATE  OF  NEW YORK ON THE PREMISES OF (A) BUTLER CORRECTIONAL FACILITY;
(B) CHATEAUGAY CORRECTIONAL FACILITY; (C) MONTEREY  SHOCK  INCARCERATION
CORRECTIONAL FACILITY; AND (D) MOUNT MCGREGOR CORRECTIONAL FACILITY.
  S  2. Subdivision 4 of section 435 of the economic development law, as
added by section 1 of part A of chapter 68  of  the  laws  of  2013,  is
amended to read as follows:

S. 6355--D                         90                         A. 8555--D

  4.  The  START-UP NY approval board, by majority vote, shall designate
CORRECTIONAL FACILITIES DESCRIBED IN  SUBDIVISION  FOURTEEN  OF  SECTION
FOUR HUNDRED THIRTY-ONE OF THIS ARTICLE AND up to twenty strategic state
assets  as  tax-free  NY  areas.  Each  shall be affiliated with a state
university campus, city university campus, community college, or private
college  or university and such designation shall require the support of
the affiliated campus,  college  or  university.  Each  strategic  state
asset,  OTHER  THAN A CORRECTIONAL FACILITY, may not exceed a maximum of
two hundred thousand square feet of vacant land or vacant building space
designated as a tax-free NY area. Designation of strategic state  assets
AND CORRECTIONAL FACILITIES DESCRIBED IN SUBDIVISION FOURTEEN OF SECTION
FOUR  HUNDRED  THIRTY-ONE OF THIS ARTICLE as tax-free NY areas shall not
count against any square footage limitations  in  section  four  hundred
thirty-two of this article.
  S 3. This act shall take effect immediately.

                                 PART CC

  Section  1.  Subdivision  5  of section 209-p of the executive law, as
amended by chapter 342 of the laws of 2008, is amended and a new  subdi-
vision 3-a is added to read as follows:
  3-A.  THE FACULTY DEVELOPMENT AND TECHNOLOGY TRANSFER ADVISORY COUNCIL
SHALL BE ESTABLISHED BY THE  COMMISSIONER  OF  ECONOMIC  DEVELOPMENT  TO
REVIEW  AND RECOMMEND PROPOSALS SUBMITTED FOR CONSIDERATION UNDER SUBDI-
VISIONS THREE AND FIVE OF THIS SECTION. THE  COUNCIL  SHALL  CONSIST  OF
ELEVEN  MEMBERS  THAT  SHALL INCLUDE REPRESENTATIVES FROM FOUR DIFFERENT
UNIVERSITIES, ONE NATIONAL LAB, TWO NEW YORK  STATE  INCUBATORS  OR  NEW
YORK  STATE INNOVATION HOT SPOTS, TWO COMPANIES AND TWO NON-PROFITS WITH
A STATEWIDE ECONOMIC DEVELOPMENT MISSION. EACH REPRESENTATIVE SHALL HAVE
TECHNOLOGY TRANSFER EXPERIENCE. IN ADDITION, AT LEAST SIX MEMBERS OF THE
COUNCIL SHALL HAVE A DEMONSTRATED BACKGROUND IN  BIO-MEDICINE,  BIOTECH-
NOLOGY OR OTHER LIFE SCIENCES.
  5.  An  incentive  program  is  hereby  created  to provide additional
assistance to technology transfer  OR  COMMERCIALIZATION  activities  at
institutions  of higher education and research institutions in the state
of New York for the purpose  of  encouraging  technology  transfer  from
institutions of higher education and research institutions to businesses
and  for commercialization within New York state. Funds appropriated for
this program shall be available for personal service expenses to enhance
the technology transfer abilities OR COMMERCIALIZATION  OF  RESEARCH  of
higher education and research institutions to businesses within New York
state  including but not limited to patent applications, the creation of
business and marketing plans, venture capital conferences and  non-capi-
tal costs associated with the development of real property owned by such
institution of higher education or research institution for research and
development  purposes.   Funds awarded under the incentive program shall
not exceed fifty percent of the cost of the purpose for which such funds
shall be applied.  THE FACULTY DEVELOPMENT AND TECHNOLOGY TRANSFER ADVI-
SORY COUNCIL, AS ESTABLISHED BY SUBDIVISION  THREE-A  OF  THIS  SECTION,
SHALL  REVIEW AND RECOMMEND PROPOSALS SUBMITTED FOR CONSIDERATION PURSU-
ANT TO THIS SUBDIVISION. PREFERENCE SHALL BE GIVEN TO  PROPOSALS  DEVEL-
OPED  IN COORDINATION WITH A PRIVATE OR PUBLIC MEDICAL SCHOOL LOCATED IN
THE STATE.
  S 2. This act shall take effect immediately.

                                 PART DD

S. 6355--D                         91                         A. 8555--D

  Section 1. Subdivision 1 of section 210 of  the  economic  development
law,  as  amended by chapter 227 of the laws of 1993, is amended to read
as follows:
  1. "Development  centers"  shall mean the business enterprise develop-
ment centers  which  provide  assistance  to  primarily  minority  group
members,  women  [and],  individuals  with a disability, AND VETERANS as
established by the department pursuant to section two hundred eleven  of
this article.
  S  2. Section 210 of the economic development law is amended by adding
a new subdivision 6 to read as follows:
  6. "VETERAN" SHALL MEAN A PERSON WHO SERVED IN AND WHO HAS RECEIVED AN
HONORABLE OR GENERAL DISCHARGE FROM, THE UNITED STATES ARMY,  NAVY,  AIR
FORCE, MARINES, COAST GUARD, AND/OR RESERVES THEREOF, AND/OR IN THE ARMY
NATIONAL  GUARD,  AIR NATIONAL GUARD, NEW YORK GUARD AND/OR THE NEW YORK
NAVAL MILITIA.
  S 3. Subdivision 1 of section 211 of the economic development law,  as
amended  by  chapter  227  of  the  laws  of 1993, is amended to read as
follows:
  1. The department shall provide  grants,  within  available  appropri-
ations,  on  a competitive basis, in response to a request for proposals
to pilot  development  centers,  to  provide  intensive  community-based
management and technical assistance targeted primarily to minority group
members,  women  [and],  individuals with a disability, AND VETERANS who
are seeking to start or are starting new business ventures.
  S 4. Subdivision 1 of section 212 of the economic development law,  as
amended  by  chapter  301  of  the  laws  of 1996, is amended to read as
follows:
  1. The department shall establish and support, within available appro-
priations, entrepreneurship support centers at career education agencies
and not-for-profit corporations including, but  not  limited  to,  local
development  corporations,  chambers  of  commerce  and  community-based
organizations.  The purpose of such support centers shall  be  to  train
dislocated  workers,  individuals  with  a disability, minorities [and],
women, AND VETERANS in the principles and practice  of  entrepreneurship
in  order  to  prepare  such  persons to pursue self-employment opportu-
nities. Such support centers shall provide for training in  all  aspects
of  business development and small business management as defined by the
commissioner. For purposes of this section,  "career  education  agency"
shall  mean  a  community  college  or  board of cooperative educational
services operating within the state.
  S 5. This act shall take effect immediately.

                                 PART EE

  Section 1. Subdivision 25 of  section  11-0103  of  the  environmental
conservation  law,  as  amended  by  chapter 595 of the laws of 1984, is
amended to read as follows:
  25. "Hunting [accident] RELATED INCIDENT" means the injury to or death
of a person caused by the discharge of a firearm,  CROSSBOW  or  longbow
while  the person causing such injury or death, or the person injured or
killed, is taking or attempting to take game, wildlife or fish.
  S 2. Paragraph a of subdivision 1 of section 11-0719 of  the  environ-
mental  conservation  law, as amended by section 26 of part R of chapter
58 of the laws of 2013, is amended to read as follows:
  a. In the circumstances described in paragraph b of  this  subdivision
the  department may revoke any license, bowhunting privilege, or muzzle-

S. 6355--D                         92                         A. 8555--D

loading privilege, of any person, to hunt,  fish  or  trap,  defined  in
section 11-0701 of this title or issued pursuant to any provision of the
Fish and Wildlife Law, or it may revoke all of such licenses, bowhunting
privileges,  or muzzle-loading privileges. It may also deny such person,
for a period not exceeding five years, the privilege of  obtaining  such
license  or licenses, bowhunting privilege, or muzzle-loading privilege,
or of hunting, trapping or fishing, anywhere in the state with or  with-
out  license,  bowhunting privilege, or muzzle-loading privilege, except
as provided in subdivision 1 of section 11-0707  of  this  title  or  in
section  11-0523  of  this article. It may also require that such person
successfully complete a department-sponsored course and obtain a certif-
icate of qualification  in  responsible  hunting  INCLUDING  RESPONSIBLE
CROSSBOW  HUNTING,  responsible bowhunting or responsible trapping prac-
tices before being issued another license.
  S 3. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719
of the environmental conservation law, as amended by chapter 436 of  the
laws of 2000, is amended to read as follows:
  (4)  is  convicted of an offense involving a violation of subdivisions
one and two of section 11-0901 of this article  relating  to  taking  of
wildlife  when  the person taking is in or on a motor vehicle while such
motor vehicle is on a public highway or an offense involving a violation
of subdivision one of section 11-0901 of this article  and  subparagraph
one  of paragraph a of subdivision four of section 11-0931 of this arti-
cle relating to taking wildlife when the person taking is  in  or  on  a
motor  vehicle  and discharging a firearm, CROSSBOW or longbow in such a
way that the load, BOLT or arrow passes over a public highway or a  part
thereof or signs an acknowledgment of any such violation for the purpose
of affecting a settlement by civil compromise or by stipulation.
  S  4.  Subdivisions  2  and  3 of section 11-0719 of the environmental
conservation law, subdivision 2 as amended by section 27 and subdivision
3 as amended by section 28 of part R of chapter 58 of the laws of  2013,
are amended to read as follows:
  2.  a. The department may revoke the licenses, tags, bowhunting privi-
leges, or muzzle-loading privileges, which authorize the holder to  hunt
and/or  trap  wildlife,  and  may  deny  the privilege of obtaining such
licenses, tags, bowhunting privileges, or muzzle-loading privileges, and
may deny the privileges of hunting and/or trapping  with  or  without  a
license.
  (1) of any person who, while engaged in hunting or trapping,
  (i)  causes  death  or injury to [another] ANY PERSON by discharging a
firearm, CROSSBOW or longbow, or
  (ii) so negligently discharges a firearm, CROSSBOW or  longbow  as  to
endanger the life or safety of another, or
  (iii)  so  negligently  and wantonly discharges a firearm, CROSSBOW or
longbow as to destroy or damage public or private property; or
  (2) of any agent of the department authorized to issue certificates of
qualification in  responsible  hunting  INCLUDING  RESPONSIBLE  CROSSBOW
HUNTING,  bowhunting,  or  trapping  practices who improperly issues any
such certification to a person whom he OR SHE has not trained,  or  whom
he OR SHE knows has not satisfactorily completed all of the requirements
necessary for such certification.
  b.  Action  by  the  department  resulting  in  the revocation of such
license or denial of the privilege to hunt and trap as provided in  this
subdivision  shall  be  only after a hearing held by the department upon
notice to the offender, at which proof of facts indicating the violation
is established to the satisfaction of the commissioner or of the hearing

S. 6355--D                         93                         A. 8555--D

officer designated by him OR HER and concurred in by  the  commissioner.
Provided  that  where a person, while hunting, causes death or injury to
any person by discharge of a firearm, CROSSBOW or longbow,  the  commis-
sioner  may,  in his OR HER discretion, suspend such person's license or
licenses to hunt and suspend such  person's  right  to  hunt  without  a
license  for  a period of up to sixty days pending a hearing as provided
for in this subdivision.
  c. In case such discharge of a firearm,  CROSSBOW  or  longbow  causes
death  or  injury  to  [another]  ANY  PERSON,  the license or licenses,
bowhunting privilege, and muzzle-loading privilege shall be revoked  and
the  ability  to  obtain  any such license and of hunting or of trapping
anywhere in the state with or without a license denied, for a period not
exceeding ten years, except that no revocation shall be made in cases in
which facts established at the hearing indicate to the  satisfaction  of
the commissioner that there was no negligence on the part of the shooter
or  [bowman]  BOWHUNTER.  In  all  other  cases the license or licenses,
bowhunting privilege, or muzzle-loading privilege, shall be revoked  and
the  privilege  of  obtaining  such  license,  bowhunting  privilege, or
muzzle-loading privilege, and of hunting or of trapping anywhere in  the
state  with  or without a license denied for a period not exceeding five
years. The department may also require  that  the  person  causing  such
death  or injury successfully complete a department-sponsored course and
obtain a certificate of qualification in responsible  hunting  INCLUDING
RESPONSIBLE CROSSBOW HUNTING or bowhunting practices before being issued
another hunting license.
  d. Every person injuring himself, herself or another person in a hunt-
ing  [accident,  as  such  term  is defined in subdivision 25 of section
11-0103 of this article] RELATED INCIDENT,  and  the  investigating  law
enforcement  officer summoned to or arriving at the scene of such [acci-
dent] INCIDENT shall within ten days from the occurrence of such  [acci-
dent]  INCIDENT file a report of the [accident] INCIDENT in writing with
the department. Every such person or law enforcement officer shall  make
such  other  and  additional  reports  as  the department shall require.
Failure to report such [accident] INCIDENT as  herein  provided  by  the
person causing injury or to furnish relevant information required by the
department shall be a violation and shall constitute grounds for suspen-
sion  or revocation of such person's hunting licenses and bowhunting and
muzzle-loading privileges and denial of the ability to obtain  any  such
license  and of hunting with or without a license following a hearing or
opportunity to be heard. In addition,  the  department  may  temporarily
suspend the license of the person failing to report a hunting [accident]
RELATED  INCIDENT  within the period prescribed herein until such report
has been filed. In the case of a non-resident, the failure to report  an
[accident]  INCIDENT  as  herein  provided  shall constitute grounds for
suspension or revocation of his or her privileges of hunting within this
state. The report required by this section shall be made  in  such  form
and number as the department may prescribe.
  3.  A  hunting  license  issued to a person who is at least twelve and
less than sixteen years of age or  a  hunting  license  with  bowhunting
privilege  issued  to  a  person  who  is between the ages of twelve and
sixteen years may be revoked by the department upon  proof  satisfactory
to  the department that such person, while under the age of sixteen, has
engaged in hunting [wildlife]  with  a  gun,  CROSSBOW  or  longbow,  in
circumstances  in  which  a  license and/or bowhunting or muzzle-loading
privilege is required, while not accompanied by his or her parent, guar-
dian or other adult as provided in  section  11-0929  of  this  article.

S. 6355--D                         94                         A. 8555--D

ADDITIONALLY, THE DEPARTMENT MAY REVOKE THE HUNTING AND/OR BOWHUNTING OR
MUZZLE-LOADING  PRIVILEGE OF ANY PARENT, GUARDIAN, YOUTH MENTOR OR OTHER
ADULT UPON PROOF SATISFACTORY TO THE DEPARTMENT THAT SUCH PERSON ALLOWED
THE  HOLDER OF A HUNTING LICENSE, BOWHUNTING PRIVILEGE OR MUZZLE-LOADING
PRIVILEGE TO HUNT WITH A  GUN,  CROSSBOW  OR  LONGBOW  IN  VIOLATION  OF
SECTION 11-0929 OF THIS ARTICLE. If such license or privilege is revoked
the  department shall fix the period of such revocation, which is not to
exceed six years. The department may require that such  person  success-
fully complete a department sponsored course and obtain a certificate of
qualification  in  responsible  hunting  INCLUDING  RESPONSIBLE CROSSBOW
HUNTING, or responsible bowhunting practices before being issued another
hunting or bowhunting license.
  S 5. Paragraphs b and g of subdivision 3 and subparagraph 1  of  para-
graph d of subdivision 4 of section 11-0901 of the environmental conser-
vation  law,  paragraph  b of subdivision 3 as amended by chapter 911 of
the laws of 1990, paragraph g of subdivision 3 as amended by chapter  34
of  the  laws of 1979, subparagraph 1 of paragraph d of subdivision 4 as
amended by chapter 600 of the laws of  1993,  are  amended  to  read  as
follows:
  b. Wild deer and bear shall not be taken except by gun, CROSSBOW or by
long  bow.  Where an open season, set forth in the table of open seasons
in section 11-0907 OF THIS TITLE or  otherwise  established  by  law  or
fixed by regulation, is specified as an open season for taking such game
by  shotgun  or  long  bow  only,  or is specified as an open season for
taking such game by long bow only, they shall not be taken except as  so
specified.
  g.  Wildlife  shall not be taken [by the use of a cross-bow, by a long
bow drawn, pulled, released, or held in a drawn position by any  mechan-
ical  device  attached to a portion of the bow other than the bowstring,
or] by the use of a device commonly called a spear gun.
  (1) such long bow OR CROSSBOW is unstrung, or such a firearm is  taken
down,  or securely fastened in a case, or locked in the trunk of a vehi-
cle, or
  S 6. Subparagraphs 5, 6 and 8 of  paragraph  b  of  subdivision  4  of
section 11-0901 of the environmental conservation law, subparagraph 5 as
amended  by  chapter  430  of the laws of 2000, subparagraphs 6 and 8 as
amended by chapter 600 of the laws  of  1993,  are  amended  and  a  new
subparagraph 9 is added to read as follows:
  (5)  with [a bow other than] a long bow with a draw weight [in excess]
of LESS THAN thirty-five pounds; or
  (6) with an arrow OR BOLT with an arrowhead that  measures  less  than
seven-eighths  of an inch at its widest point or that has fewer than two
sharp cutting edges; or
  (8) with an arrow with a barbed broadhead arrowhead[.]; OR
  (9) WITH A CROSSBOW UNLESS SUCH CROSSBOW SHALL CONSIST OF  A  BOW  AND
STRING,  EITHER  COMPOUND  OR  RECURVE, THAT LAUNCHES A MINIMUM FOURTEEN
INCH BOLT, NOT INCLUDING POINT, MOUNTED UPON A STOCK WITH A TRIGGER THAT
HOLDS THE STRING AND LIMBS UNDER TENSION  UNTIL  RELEASED.  THE  TRIGGER
UNIT OF SUCH CROSSBOW MUST HAVE A WORKING SAFETY. THE MINIMUM LIMB WIDTH
OF  SUCH  CROSSBOW  SHALL  BE SEVENTEEN INCHES, HAVE A MINIMUM PEAK DRAW
WEIGHT OF ONE HUNDRED POUNDS AND A  MAXIMUM  PEAK  DRAW  WEIGHT  OF  TWO
HUNDRED POUNDS. THE MINIMUM OVERALL LENGTH OF SUCH CROSSBOW FROM  BUTTS-
TOCK TO FRONT OF LIMBS SHALL BE TWENTY-FOUR INCHES.
  S  7.  Subparagraphs  5,  6  and  8 of paragraph c of subdivision 4 of
section 11-0901 of the environmental conservation law, subparagraph 5 as
amended by chapter 430 of the laws of 2000, and subparagraphs 6 and 8 as

S. 6355--D                         95                         A. 8555--D

amended by chapter 600 of the laws  of  1993,  are  amended  and  a  new
subparagraph 9 is added to read as follows:
  (5)  with [a bow other than] a long bow with a draw weight [in excess]
of LESS THAN thirty-five pounds; or
  (6) with an arrow OR BOLT with an arrowhead that  measures  less  than
seven-eighths  of an inch at its widest point or that has fewer than two
sharp cutting edges; or
  (8) with an arrow with a barbed broadhead arrowhead[.]; OR
  (9) WITH A CROSSBOW UNLESS SUCH CROSSBOW SHALL CONSIST OF  A  BOW  AND
STRING,  EITHER  COMPOUND  OR  RECURVE, THAT LAUNCHES A MINIMUM FOURTEEN
INCH BOLT, NOT INCLUDING POINT, MOUNTED UPON A STOCK WITH A TRIGGER THAT
HOLDS THE STRING AND LIMBS UNDER TENSION  UNTIL  RELEASED.  THE  TRIGGER
UNIT OF SUCH CROSSBOW MUST HAVE A WORKING SAFETY. THE MINIMUM LIMB WIDTH
OF  SUCH  CROSSBOW  SHALL  BE SEVENTEEN INCHES, HAVE A MINIMUM PEAK DRAW
WEIGHT OF ONE HUNDRED POUNDS AND A  MAXIMUM  PEAK  DRAW  WEIGHT  OF  TWO
HUNDRED  POUNDS. THE MINIMUM OVERALL LENGTH OF SUCH CROSSBOW FROM BUTTS-
TOCK TO FRONT OF LIMBS SHALL BE TWENTY-FOUR INCHES.
  S 8. Subdivisions 2 and 4 of  section  11-0931  of  the  environmental
conservation  law,  subdivision  2  as amended by section 7 of part H of
chapter 58 of the laws of 2012, subparagraph 3 of paragraph a of  subdi-
vision  4 as added by chapter 400 of the laws of 1973 and subparagraph 4
of paragraph a of subdivision 4 as added by chapter 67 of  the  laws  of
1976, are amended to read as follows:
  2. No CROSSBOW OR firearm except a pistol or revolver shall be carried
or  possessed  in  or  on  a  motor vehicle unless it is UNCOCKED, FOR A
CROSSBOW OR unloaded, FOR A FIREARM in both the chamber  and  the  maga-
zine,  except that a loaded firearm which may be legally used for taking
migratory game birds may be carried or possessed in  a  motorboat  while
being legally used in hunting migratory game birds, and no person except
a  law  enforcement  officer  in  the performance of his official duties
shall, while in or on a motor vehicle, use  a  jacklight,  spotlight  or
other  artificial  light upon lands inhabited by deer if he OR SHE is in
possession or is accompanied by a person who is in  possession,  at  the
time of such use, of a longbow, crossbow or a firearm of any kind except
a  pistol  or  revolver,  unless such longbow OR CROSSBOW is unstrung or
such firearm OR CROSSBOW is taken down or securely fastened in a case or
locked in the trunk of the vehicle. For purposes  of  this  subdivision,
motor  vehicle  shall mean every vehicle or other device operated by any
power other than muscle power, and which shall include but not be limit-
ed to automobiles, trucks, motorcycles, tractors,  trailers  and  motor-
boats,  snowmobiles and snowtravelers, whether operated on or off public
highways.  Notwithstanding  the  provisions  of  this  subdivision,  the
department  may  issue  a  permit  to  any person who is non-ambulatory,
except with the use of a mechanized aid, to possess a loaded firearm  in
or  on  a  motor  vehicle  as  defined  in this section, subject to such
restrictions as the department may deem necessary  in  the  interest  of
public  safety.  Nothing  in  this  section  permits the possession of a
pistol or a revolver contrary to the penal law.
  4. a. No person shall:
  (1) discharge a firearm, CROSSBOW or long bow in such a  way  as  will
result in the load, BOLT, or arrow thereof passing over a public highway
or any part thereof;
  (2) discharge a firearm [or long bow] within five hundred feet, A LONG
BOW  WITHIN  ONE  HUNDRED  FIFTY  FEET, OR A CROSSBOW WITHIN TWO HUNDRED
FIFTY FEET from a dwelling house, farm building or farm structure  actu-

S. 6355--D                         96                         A. 8555--D

ally occupied or used, school building, school playground, PUBLIC STRUC-
TURE, or occupied factory or church;
  (3)  use  a  firearm  or  a long bow for the hunting of migratory game
birds in Larchmont Harbor, specifically those portions  bounded  by  the
following points of land:
  BEGINNING  AT  A  POINT  KNOWN  AS UMBRELLA POINT ON THE EAST SHORE OF
LARCHMONT HARBOR THEN PROCEEDING  IN  A  NORTHERLY  DIRECTION  TO  CEDAR
ISLAND;  THENCE  NORTHWESTERLY  TO MONROE INLET; THENCE NORTHEASTERLY TO
DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A  SOUTHWESTERLY
DIRECTION  FROM  DELANCY  COVE TO GREACEN POINT; THENCE RUNNING THE AREA
BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST;  THENCE
SOUTHEAST  THEN  ALONG  THE  WEST SHORE OF SATANS TOE SOUTHWEST AND THEN
SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
  (4) Use of a firearm or a long bow for the hunting of  migratory  game
birds  in  Udall's  Cove, specifically those portions of Little Neck Bay
within Nassau and Queens counties lying east of  a  line  running  north
from the foot of Douglaston Parkway to the shore opposite.
  b.  The  prohibitions contained in subparagraph 2 of paragraph a above
shall not apply to:
  (1) The owner or lessee of the dwelling house, or members of his imme-
diate family actually residing therein, or a person in  his  employ,  or
the  guest  of the owner or lessee of the dwelling house acting with the
consent of said owner or lessee, provided however, that  nothing  herein
shall  be  deemed  to  authorize such persons to discharge a firearm [or
longbow] within five hundred feet, A LONG BOW WITHIN ONE  HUNDRED  FIFTY
FEET,  OR A CROSSBOW WITHIN TWO HUNDRED FIFTY FEET of any other dwelling
house, or a farm building or farm structure actually occupied  or  used,
or a school building or playground, PUBLIC STRUCTURE, or occupied facto-
ry or church;
  (2)  Programs  conducted  by  public  schools offering instruction and
training in the use of firearms or long bow;
  (3) The authorized use of a pistol, rifle or  target  range  regularly
operated  and maintained by a police department or other law enforcement
agency or by any duly organized membership corporation;
  (4) The discharge of a shotgun over water by a person hunting migrato-
ry game birds if no dwelling house,  FARM  BUILDING  OR  FARM  STRUCTURE
ACTUALLY OCCUPIED OR USED, SCHOOL BUILDING, SCHOOL PLAYGROUND, or public
structure,  FACTORY  OR  CHURCH,  livestock or person is situated in the
line of discharge  less  than  five  hundred  feet  from  the  point  of
discharge.
  S  9.  Paragraph c of subdivision 5 of section 11-0931 of the environ-
mental conservation law, as amended by chapter 309 of the laws of  2006,
is amended to read as follows:
  c.  In  the Northern Zone no person, while engaged in hunting with the
aid of a dog or while afield accompanied by a dog, shall possess a rifle
larger than .22 caliber using rim-fire ammunition or possess  a  shotgun
loaded  with  a  slug, ball or buckshot, OR POSSESS A CROSSBOW; but this
paragraph does not apply to persons, engaged in coyote hunts  with  dogs
during any open season on coyotes established pursuant to the provisions
of section 11-0903 OF THIS TITLE.
  S  10.    Paragraph  4 of subdivision a of section 265.20 of the penal
law, as amended by chapter 1041 of the laws of 1974, is amended to  read
as follows:
  4.  Possession  of a rifle, shotgun, CROSSBOW or longbow for use while
hunting, trapping or fishing, by a person, not a citizen of  the  United

S. 6355--D                         97                         A. 8555--D

States,  carrying  a valid license issued pursuant to section 11-0713 of
the environmental conservation law.
  S  11.  Paragraph a and the opening paragraph of paragraph b of subdi-
vision 2 of section 11-0929 of the environmental  conservation  law,  as
amended  by  section 13 of part R of chapter 58 of the laws of 2013, are
amended to read as follows:
  a. hunt wildlife with a gun, CROSSBOW or longbow, other than wild deer
or bear as provided in paragraph b of this subdivision, unless he or she
is accompanied by his or her parent or legal guardian holding a  hunting
license,  or  by  a person eighteen years of age or older, designated in
writing by his or her parent or legal guardian, holding such license;
  hunt wild deer or bear with a CROSSBOW OR gun unless:
  S 12. Section 11-0713 of the environmental conservation law is amended
by adding a new subdivision 6 to read as follows:
  6. THE DEPARTMENT SHALL REQUIRE TRAINING IN THE SAFE  USE  OF  HUNTING
WITH A CROSSBOW AND SAFE HUNTING PRACTICES IN THE BASIC HUNTER EDUCATION
COURSE  REQUIRED  FOR  ALL  NEW  HUNTERS. ALL PERSONS WHO HAVE COMPLETED
HUNTER EDUCATION AND WHO HAVE NOT CERTIFIED THEIR COMPLETION OF A SAFETY
COURSE WHICH INCLUDES CROSSBOW HUNTING TRAINING PRIOR  TO  APRIL  FIRST,
TWO THOUSAND FOURTEEN SHALL COMPLETE AN ONLINE OR OTHER TRAINING PROGRAM
APPROVED BY THE DEPARTMENT PRIOR TO USING A CROSSBOW TO HUNT.
  S 13. Subdivision 15 of section 11-0901 of the environmental conserva-
tion  law,  as  amended by chapter 81 of the laws of 1988, is amended to
read as follows:
  15. Notwithstanding any inconsistent provision of  this  section,  the
department  may  [issue a permit to take] ADOPT REGULATIONS TO ALLOW THE
TAKING OF big game or small game by the use of a LONG bow equipped  with
a mechanical device for holding and releasing the bowstring, attached to
the  handle section of an otherwise legal LONG bow, to any person WITH A
PHYSICAL DISABILITY who is [permanently] physically incapable of drawing
and holding a LONG bow because of a physical [handicap  or]  disability,
subject  to  such  restrictions as the department may [deem necessary in
the interest of public safety] ADOPT BY REGULATION. FOR THE  PURPOSE  OF
THIS  SUBDIVISION,  A  PERSON  WITH A PHYSICAL DISABILITY SHALL MEAN ANY
PERSON WHO SUBMITS TO THE DEPARTMENT A STATEMENT  OF  A  PHYSICIAN  DULY
LICENSED  TO  PRACTICE MEDICINE THAT SUCH PERSON IS PHYSICALLY INCAPABLE
OF ARM MOVEMENT SUFFICIENT TO DRAW, HOLD  AND  RELEASE  A  LONG  BOW  AS
DEFINED  IN  SUBDIVISION FOUR OF THIS SECTION OR AS OTHERWISE DEFINED IN
DEPARTMENT REGULATION. THE DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS
REQUIRING DOCUMENTATION TO ESTABLISH THAT AN APPLICANT  IS  ELIGIBLE  TO
USE A MECHANICAL DEVICE PURSUANT TO THIS SUBDIVISION.
  S 14. Paragraph a of subdivision 1 and paragraph a of subdivision 2 of
section  11-0907  of  the environmental conservation law, paragraph a of
subdivision 1 as amended by section 37 of part F of chapter  82  of  the
laws of 2002, and paragraph a of subdivision 2 as amended by chapter 600
of the laws of 1993, item (b) of paragraph a of subdivision 2 as amended
by section 1 of chapter 600 of the laws of 2005, item (d) of paragraph a
of  subdivision  2  as  separately amended by chapter 108 of the laws of
1995 and section 1 of chapter 600 of the laws of 2005, item (f) of para-
graph a of subdivision 2 as separately amended by chapters 144  and  159
of the laws of 2013, item (i) of paragraph a of subdivision 2 as amended
by  chapter 231 of the laws of 2012, item (k) of paragraph a of subdivi-
sion 2 as added by chapter 144 of the laws of  2013,  and  item  (k)  of
paragraph  a  of  subdivision  2  as added by chapter 159 of the laws of
2013, are amended and a new subdivision 10 is added to read as follows:

S. 6355--D                         98                         A. 8555--D

  a. Wild deer without antlers or having  antlers  measuring  less  than
three inches in length shall not be taken unless it is taken (1) by long
bow  in  a  special long bow season established in subdivision 3 of this
section, or (2) by muzzle-loading  firearm  OR  CROSSBOW  in  a  special
muzzle-loading  firearm  season  established  in  subdivision  8 of this
section, or (3) by long bow in Westchester and  Suffolk  Counties  in  a
year in which a regular season for deer of either sex is established for
such  counties,  or  (4) in a special open season for deer of either sex
fixed by regulation pursuant to subdivision 5 or 7 of section 11-0903 of
this title, or (5) pursuant to a special antlerless deer  license  in  a
special  open  season for antlerless deer in a tract within a Wilderness
Hunting Area fixed by regulation pursuant to subdivision  6  of  section
11-0903  of this title, or (6) pursuant to a deer management permit by a
person eligible to take  such  deer  pursuant  thereto  as  provided  in
section  11-0913 of this title, or (7) pursuant to a permit issued to an
eligible non-ambulatory person, pursuant to  subdivision  2  of  section
11-0931  of this title, while in possession of a valid license issued by
the department which authorizes the holder to hunt big game. Nothing  in
this  subparagraph  shall be construed to limit the power of the depart-
ment to designate by regulation an area or areas of the state consisting
of a county or part of a county where such season shall apply and wheth-
er the number of such special permits shall be limited.
  a. Regular open hunting seasons for deer  are  established  separately
for  the  named regions or parts of regions, or named counties listed in
column one of the table set forth in this subdivision, and are specified
as seasons for taking by pistol, rifle, shotgun  or  long  bow,  or  for
taking  by shotgun, CROSSBOW or long bow only, or for taking by long bow
only, as indicated in column three entitled "Manner  of  Taking".  Where
taking  of big game by shotgun is permitted by this chapter such shotgun
may contain rifling in all or a portion of the barrel, provided,  howev-
er,  if the barrel or a portion thereof does contain rifling only shells
having non-metallic cases, except for the base,  may  be  used.  In  the
areas identified in column one except in the "closed areas" specified in
subdivision  [5]  FIVE  OF THIS SECTION the game specified in column two
may be taken in the open season stated in column two immediately follow-
ing the specification of the game, in the  manner  specified  in  column
three.

                                  TABLE

     Column One                Column Two               Column Three
        Area              Game and Open Season        Manner of Taking

(a) Northern Zone         Deer, next to last       Pistol, rifle,
                          Saturday in October      shotgun, CROSSBOW
                          through first Sunday      or long bow
                          in December

(b) Catskill region       Deer, first Monday       Pistol, rifle,
  except Delaware,        after November 15        shotgun, CROSSBOW
  Greene, Sullivan,       through first Tuesday    or long bow
  Ulster counties         after December 7
  and those counties
  or portions thereof
  listed in item (i)
  of this paragraph

S. 6355--D                         99                         A. 8555--D

(c) Counties of           Deer, first Monday       Pistol, rifle,
  Delaware, Greene,       after November 15        shotgun, CROSSBOW
  Sullivan and Ulster     through first Tuesday    or long bow
                          after December 7

(d) Eastern region,       Deer, first Monday       Pistol, shotgun,
  except Columbia,        after November 15        CROSSBOW,
  Fulton, Orange,         through first Tuesday    muzzle loading
  Rensselaer, Saratoga,   after December 7         firearm or
  Washington Counties                              long bow only
  and those counties
  or portions thereof
  listed in item (i)
  of this paragraph

(e) Fulton, Saratoga,     Deer, first Monday       Pistol, rifle,
  Washington (parts       after November 15        shotgun, CROSSBOW
  in the Southern         through first Tuesday    or long bow
  zone), Columbia,        after December 7
  Orange, and
  Rensselaer
  counties

(f) Southern tier,        Deer, first              Pistol, shotgun,
  central and Western     Monday after November    CROSSBOW,
  region, except those    15 through first         muzzle loading
  counties or portions    Tuesday after            firearm or
  thereof listed in       December 7               long bow only
  item (i) [or], (k)
  OR (L) of this
  paragraph

(g) Westchester           Deer of either sex,      long bow only
  County                  November 1 through
                          December 31

(h) Suffolk County        Deer of either sex       long bow only
                          Second Monday in
                          November through
                          December thirty-first

(i) The counties of       Deer, the first Monday   Pistol, shotgun,
  Allegany, Cattaraugus,  after November 15        CROSSBOW,
  Cayuga, Chautauqua      through first Tuesday    muzzle loading
  except that portion     after December 7         firearm, rifle or
  of the county north                              long bow only
  of route 20, Chemung,
  Chenango, Herkimer,
  Madison,
  Montgomery, Oneida,
  Oswego, Otsego,
  Schoharie, Schuyler,
  Steuben, Tioga,
  Wyoming and Yates
  and that portion of
  the county of

S. 6355--D                         100                        A. 8555--D

  Broome east of the
  Susquehanna river

(k) The county of         Deer, the first          Pistol, shotgun,
   Ontario                Saturday after November  CROSSBOW,
                          15 through first Sunday  muzzle loading
                          after December 7         firearm, rifle or
                                                   long bow only

[(k)] (L) The county of   Deer, the first          Pistol, shotgun,
   Wayne                  Saturday after November  CROSSBOW,
                          15 through first Sunday  muzzle loading
                          after December 7         firearm, rifle
                                                   or long bow only
  10.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS  CHAPTER,  OR ANY PRIOR
NOTWITHSTANDING LANGUAGE IN THIS ARTICLE, THE DEPARTMENT MAY,  BY  REGU-
LATION, AUTHORIZE THE TAKING OF BIG GAME BY THE USE OF A CROSSBOW BY ANY
LICENSED  PERSON  IN ANY BIG GAME SEASON IN ANY AREA DESIGNATED IN ITEMS
(A), (B), (C), (D), (E), (F), (I), (K) AND (L) OF PARAGRAPH A OF  SUBDI-
VISION  TWO  OF  THIS  SECTION  IN  WHICH  A SHOTGUN OR MUZZLE LOADER IS
PERMITTED PROVIDED HOWEVER, THAT ANY CROSSBOW USE DURING AN ARCHERY-ONLY
SEASON SHALL ONLY TAKE PLACE DURING THE LAST FOURTEEN  CONSECUTIVE  DAYS
OF  SUCH  ARCHERY-ONLY  SEASON  IN  THE SOUTHERN ZONE PROVIDED THAT SUCH
ARCHERY-ONLY SEASON SHALL CONSIST OF NOT LESS THAN FORTY-FIVE  DAYS  AND
ONLY  DURING THE LAST TEN CONSECUTIVE DAYS OF ANY ARCHERY-ONLY SEASON IN
THE NORTHERN ZONE PROVIDED THAT SUCH ARCHERY-ONLY SEASON  SHALL  CONSIST
OF  NO  LESS  THAN  TWENTY-THREE DAYS.   ANY MUZZLE LOADING SEASON WHICH
OCCURS AT THE SAME TIME AS A  SPECIAL  ARCHERY  SEASON  MAY  ONLY  OCCUR
DURING TIMES WHEN CROSSBOWS ARE AUTHORIZED TO BE USED.
  S  15. Paragraph a of subdivision 2 of section 11-0907 of the environ-
mental conservation law, as amended by chapter 95 of the laws  of  1974,
the  opening  paragraph  as  amended  by chapter 11 of the laws of 1988,
column 2 of item (a) as amended by chapter 344  of  the  laws  of  1979,
items  (b),  (d), and (f)  as amended by section 2 of chapter 600 of the
laws of 2005, column 2 of item (g) as amended by chapter 92 of the  laws
of  1980, item (h) as added by chapter 643 of the laws of 1977, column 2
of item (h) as amended by chapter 332 of the laws of 1986, and item  (i)
as  separately  amended  by chapters 111 and 155 of the laws of 2013, is
amended to read as follows:
  a. Regular open hunting seasons for big game are established separate-
ly for the named regions or parts of regions, or named  counties  listed
in column one of the table set forth in this subdivision, and are speci-
fied as seasons for taking by pistol, rifle, shotgun or long bow, or for
taking  by  shotgun or long bow only, or for taking by long bow only, as
indicated in column three entitled "Manner of Taking". Where  taking  of
big  game  by  shotgun  is  permitted  by  this chapter such shotgun may
contain rifling in all or a portion of the barrel, provided, however, if
the barrel or a portion thereof does contain rifling only shells  having
non-metallic cases, except for the base, may be used. In the areas iden-
tified  in column one except in the "closed areas" specified in subdivi-
sion 5 the game specified in column two may be taken in the open  season
stated  in  column  two  immediately  following the specification of the
game, in the manner specified in column three.

                                  TABLE

S. 6355--D                         101                        A. 8555--D

     Column One                Column Two               Column Three
        Area              Game and Open Season        Manner of Taking

(a) Northern Zone         Deer and bear, next     Pistol, rifle,
                          to last Saturday in     shotgun,
                          October through first   CROSSBOW
                          Sunday in December      or long bow

(b) Catskill region       Deer and bear, first    Pistol, rifle,
  except Delaware,        Monday after            shotgun,
  Greene, Sullivan,       November 15 through     CROSSBOW
  Ulster counties         first Tuesday after     or long bow
  and those counties      December 7
  or portions thereof
  listed in item (i)
  of this paragraph

(c) Counties of           Deer, first Monday      Pistol, rifle,
  Delaware, Greene,       after November 15       shotgun,
  Sullivan and Ulster     through first Tuesday   CROSSBOW
                          after December 7;       or long bow
                          Bear, first Monday
                          after November 15
                          through second
                          Tuesday after
                          December 7

(d) Eastern region,       Deer and bear,          Pistol, shotgun,
  except Columbia,        first Monday after      CROSSBOW,
  Fulton, Orange,         November 15 through     muzzle loading firearm
  Rensselaer, Saratoga,   first Tuesday after     or long bow only
  Washington Counties     December 7
  and those counties
  or portions thereof
  listed in item (i)
  of this paragraph

(e) Fulton, Saratoga,     Deer and bear, first    Pistol, rifle,
  Washington (parts       Monday after November   shotgun,
  in the Southern         15 through first        CROSSBOW
  zone), Columbia,        Tuesday after           or long bow
  Orange, and             December 7
  Rensselaer
  counties

(f) Southern tier,        Deer and bear, first    Pistol, shotgun,
  central and Western     Monday after November   CROSSBOW,
  region, except those    15 through first        muzzle loading firearm
  counties or portions    Tuesday after           or long bow only
  thereof listed in       December 7
  item (i) of
  this paragraph

(g) Westchester           Deer of either sex,     Long bow only
  County                  November 1 through
                          December 31

S. 6355--D                         102                        A. 8555--D

(h) Suffolk County        Deer of either sex      long bow only
                          Second Monday in
                          November through
                          December thirty-first

(i) The counties of       Deer and bear, the      Pistol, shotgun,
  Allegany, Cattaraugus,  first Monday after      CROSSBOW,
  Chautauqua except       November 15 through     muzzle loading
  that portion of the     first Tuesday after     firearm, rifle or
  county north of route   December 7              long bow only
  20, Chenango,
  Herkimer, Montgomery,
  Oneida, Oswego,
  Otsego, Schoharie,
  Tioga and Wyoming
  and that portion
  of the county
  of Broome east of the
  Susquehanna river

  S  16.  Paragraphs  a and b of subdivision 8 of section 11-0907 of the
environmental conservation law, paragraph a as amended by section 11  of
part  R  of  chapter  58  of the laws of 2013, paragraph b as amended by
chapter 241 of the laws of 1997, are amended to read as follows:
  a. In every area identified in column one of the table  set  forth  in
subdivision  [2]  TWO  of this section, except those areas restricted to
special seasons for taking deer by longbow only,  special  open  seasons
may be established by regulation for taking deer and/or bear, by the use
of  muzzle-loading  firearms,  of  not  less than .44 caliber shooting a
single projectile, OR BY THE USE OF A CROSSBOW,  by  the  holders  of  a
hunting license with a valid muzzle-loading privilege.
  b.  Such  special  open  season for the Southern Zone shall be for the
seven day period immediately preceding the regular open season for  deer
stated  in  column  two of the table set forth in subdivision [2] TWO OF
THIS SECTION, except that the department may, by  regulation,  fix  such
open season in the Southern Zone or any portion thereof to be either the
seven  days  immediately  preceding or immediately following the regular
open season for deer, PROVIDED, HOWEVER, THAT ANY TAKING OF DEER OR BEAR
BY THE USE OF A CROSSBOW IN A SEASON OR  SPECIAL  SEASON  IN  WHICH  THE
MUZZLE  LOADER  IS  THE ONLY FIREARM PERMITTED SHALL SUCCEED THE REGULAR
OPEN HUNTING SEASON FOR DEER ESTABLISHED PURSUANT TO SUBDIVISION TWO  OF
OF THIS SECTION.
  S  17. Subdivision 9 of section 11-0701 of the environmental conserva-
tion law, as amended by section 1-a of part R of chapter 58 of the  laws
of 2013, is amended to read as follows:
  9. A muzzle-loading privilege when included on a hunting license enti-
tles  a  holder  who is fourteen years of age or older to hunt wild deer
and bear with a muzzle-loading firearm OR CROSSBOW, as provided in title
9 of this article, in a special muzzle-loading firearm season.
  S 18. a. In no event shall the department of  environmental  conserva-
tion  authorize  the  taking of big game by the use of a crossbow during
any archery-only season prior to the last fourteen days of  such  season
in  the  southern  zone,  or during any archery-only season prior to the
last ten days of such season in the northern zone.
  b. In no event shall the department authorize the taking of  big  game
by  the use of a crossbow in any area designated in items (a), (b), (c),

S. 6355--D                         103                        A. 8555--D

(d), (e), (f), (i), (k) and (l) of  paragraph  a  of  subdivision  2  of
section  11-0907 of the environmental conservation law for which the use
of shotgun or muzzle loader is not authorized  as  a  manner  of  taking
pursuant to such paragraph.
  c.  In  no  event  shall  the department of environmental conservation
authorize hunting with a crossbow by a person less than 14 years old.
  d. In no event shall  the  department  of  environmental  conservation
establish  any  muzzle loading season which occurs at the same time as a
special archery season unless it is at the same time as  when  crossbows
are authorized to be used.
  S  19. Paragraph c of subdivision 3 of section 11-0901 of the environ-
mental conservation law, as amended by chapter 825 of the laws of  1973,
subparagraph 1 as amended by chapter 407 of the laws of 1976, is amended
to read as follows:
  c.  Wild  small game and wild upland game birds shall be taken only by
longbow or gun, or by the use of raptors as provided in title 10 of this
article, except that:
  (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
in any manner not prohibited in this section or in title 11 of the  Fish
and Wildlife Law[, and];
  (2)  frogs  may also be taken by spearing, catching with the hands, or
by the use of a club or hook[.]; AND
  (3) CROSSBOWS MAY BE USED BUT ONLY BY LICENSEES WHO ARE FOURTEEN YEARS
OF AGE OR OLDER.
  S 20. Subdivision 1 of section 11-0929 of the environmental  conserva-
tion  law,  as amended by section 13 of part R of chapter 58 of the laws
of 2013, is amended to read as follows:
  1. A licensee who is twelve or thirteen years of age  shall  not  hunt
wildlife  with a gun or a longbow unless he or she is accompanied by his
or her parent or legal guardian, or by a person twenty-one years of  age
or older designated in writing by his or her parent or legal guardian on
a  form  prescribed  by  the department, who holds a hunting license.  A
LICENSEE WHO IS TWELVE OR THIRTEEN YEARS OF AGE SHALL NOT  HUNT  WITH  A
CROSSBOW.
  S  21. Paragraph a of subdivision 1 of section 11-0701 of the environ-
mental conservation law, as amended by section 1-a of part R of  chapter
58 of the laws of 2013, is amended to read as follows:
  a.  entitles  a  holder who is twelve or thirteen years of age to hunt
wildlife, except big game, as  provided  in  title  9  of  this  article
subject,  specifically,  to  the  provisions  of section 11-0929 of this
article. It entitles such holder to  possess  firearms  as  provided  in
section  265.05  of  the penal law.   A HOLDER WHO IS TWELVE OR THIRTEEN
YEARS OF AGE SHALL NOT HUNT WITH A CROSSBOW.
  S 22. The environmental conservation law is amended by  adding  a  new
section 11-0933 to read as follows:
S 11-0933. TAKING SMALL GAME BY CROSSBOW.
  NOTWITHSTANDING  ANY  PROVISION OF THIS CHAPTER, OR ANY PRIOR NOTWITH-
STANDING LANGUAGE IN THIS ARTICLE, THE DEPARTMENT  MAY,  BY  REGULATION,
AUTHORIZE THE TAKING OF SMALL GAME AND WILD UPLAND GAME BIRDS BY THE USE
OF  A CROSSBOW BY ANY LICENSED PERSON FOURTEEN YEARS OF AGE OR OLDER, IN
ANY SMALL GAME SEASON, IN ANY AREA DESIGNATED IN ITEMS  (A),  (B),  (C),
(D),  (E),  (F),  (I), (K), AND (L) OF PARAGRAPH A OF SUBDIVISION TWO OF
SECTION 11-0907 OF THIS TITLE IN WHICH A SHOTGUN  OR  MUZZLE  LOADER  IS
PERMITTED.
  S 23. Section 11-0715 of the environmental conservation law is amended
by adding a new subdivision 7 to read as follows:

S. 6355--D                         104                        A. 8555--D

  7.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
SECTION, THE COMMISSIONER MAY OFFER FOR SALE  LICENSES,  PRIVILEGES  AND
PERMITS  LISTED  IN  THIS  SECTION AT A REDUCED PRICE UP TO TEN DAYS PER
YEAR TO  ENCOURAGE  RESIDENT  AND  OUT-OF-STATE  HUNTERS,  TRAPPERS  AND
ANGLERS  TO  UTILIZE  NEW  YORK'S HUNTING, TRAPPING AND FISHING OPPORTU-
NITIES. THESE DAYS SHALL BE DESIGNATED IN A  MANNER  DETERMINED  BY  THE
DEPARTMENT  TO BEST PROVIDE PUBLIC NOTICE THEREOF AND TO MAXIMIZE PUBLIC
PARTICIPATION THEREIN.
  S 24. Subdivision 14 of section 11-0305 of the environmental conserva-
tion law, as amended by chapter 292 of the laws of 1996  and  as  renum-
bered  by  section  2  of  part  F of chapter 82 of the laws of 2002, is
amended to read as follows:
  14. Notwithstanding any inconsistent provision of law, the commission-
er may designate no more than [two] EIGHT days in each year  that  shall
be  effective  in every administrative region of the department, as free
sport fishing days during which any person may, without having  a  sport
fishing  license and without the payment of any fee, exercise the privi-
leges of a holder of a sport fishing license,  subject  to  all  of  the
limitations,  restrictions,  conditions,  laws,  rules  and  regulations
applicable to the holder of a sport fishing license. Free sport  fishing
days  shall  be  designated  in a manner determined by the department to
best provide public notice thereof and to maximize public  participation
therein,  so  as  to  promote the recreational opportunities afforded by
sport fishing.
  S 25. Subparagraph 7 of paragraph a and subparagraph 3 of paragraph  b
of  subdivision  3  of section 11-0715 of the environmental conservation
law, as amended by chapter 276 of the laws of 2013, are amended to  read
as follows:
        (7) Seven-day fishing                    [$13.00] $12.00
        (3) Seven-day fishing                    [$31.00] $28.00
  S  26. Section 404-s of the vehicle and traffic law, as added by chap-
ter 304 of the laws of 2001, is amended by adding three new subdivisions
3, 4 and 5 to read as follows:
  3. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION TO A PERSON WHO
PURCHASES A LIFETIME LICENSE PURSUANT TO SECTION 11-0702 OF THE ENVIRON-
MENTAL CONSERVATION LAW OR A LIFETIME VEHICLE ACCESS PASS, ALSO KNOWN AS
A LIFETIME EMPIRE PASSPORT, PURSUANT TO ARTICLE THIRTEEN OF  THE  PARKS,
RECREATION  AND  HISTORIC  PRESERVATION  LAW  BETWEEN JANUARY FIRST, TWO
THOUSAND FOURTEEN AND DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN SHALL
BE ISSUED IN THE SAME MANNER AS OTHER NUMBER PLATES UPON THE PAYMENT  OF
THE  REGULAR  REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF
THIS ARTICLE; PROVIDED, HOWEVER, THAT COMMENCING UPON THE  THIRD  REGIS-
TRATION  PERIOD  AFTER THE INITIAL ISSUANCE OF SUCH PLATE, AN ADDITIONAL
ANNUAL SERVICE CHARGE OF FIFTEEN  DOLLARS  SHALL  BE  CHARGED  FOR  SUCH
PLATE.  SUCH SERVICE CHARGE SHALL BE DEPOSITED AND MADE AVAILABLE IN THE
SAME  MANNER  AS  SET  FORTH  IN SUBDIVISION TWO OF THIS SECTION.  ADDI-
TIONALLY, SUCH PERSON SHALL BE EXEMPT FROM THE PAYMENT OF (A) THE  TWEN-
TY-FIVE  DOLLAR  FEE  REQUIRED  TO  BE PAID FOR THE ISSUANCE OF A SET OF
REFLECTORIZED NUMBER PLATES PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE
OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE, AND (B) THE  FEE  OF  THREE
DOLLARS  AND  TWENTY-FIVE  CENTS FOR THE ISSUANCE OF A NEW SET OF NUMBER
PLATES PURSUANT TO PARAGRAPH B OF  SUBDIVISION  THREE  OF  SECTION  FOUR
HUNDRED ONE OF THIS ARTICLE.
  4.  A  PERSON  WHO,  PRIOR  TO  JANUARY  FIRST, TWO THOUSAND FOURTEEN,
POSSESSES A LIFETIME LICENSE PURSUANT TO SECTION 11-0702 OF THE ENVIRON-
MENTAL CONSERVATION LAW OR A LIFETIME VEHICLE ACCESS PASS, ALSO KNOWN AS

S. 6355--D                         105                        A. 8555--D

A LIFETIME EMPIRE PASSPORT, OR A THREE OR FIVE YEAR VEHICLE ACCESS  PASS
PURSUANT TO ARTICLE THIRTEEN OF THE PARKS, RECREATION AND HISTORIC PRES-
ERVATION  LAW  SHALL, ON REQUEST BETWEEN APRIL FIRST, TWO THOUSAND FOUR-
TEEN  AND MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN, BE ISSUED A DISTINC-
TIVE PLATE PURSUANT TO THIS SECTION IN THE SAME MANNER AS  OTHER  NUMBER
PLATES  UPON  THE  PAYMENT OF THE REGULAR REGISTRATION FEE PRESCRIBED BY
SECTION FOUR HUNDRED  ONE  OF  THIS  ARTICLE;  PROVIDED,  HOWEVER,  THAT
COMMENCING UPON THE THIRD REGISTRATION PERIOD AFTER THE INITIAL ISSUANCE
OF  SUCH  PLATE,  AN ADDITIONAL ANNUAL SERVICE CHARGE OF FIFTEEN DOLLARS
SHALL BE CHARGED FOR SUCH PLATE. SUCH SERVICE CHARGE SHALL BE  DEPOSITED
AND MADE AVAILABLE IN THE SAME MANNER AS SET FORTH IN SUBDIVISION TWO OF
THIS  SECTION.    ADDITIONALLY,  SUCH  PERSON  SHALL  BE EXEMPT FROM THE
PAYMENT OF THE FEE OF THREE DOLLARS AND TWENTY-FIVE CENTS FOR THE  ISSU-
ANCE  OF  A NEW SET OF NUMBER PLATES PURSUANT TO PARAGRAPH B OF SUBDIVI-
SION THREE OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE.
  5. ANY NEW YORK RESIDENT WHO POSSESSES A HUNTING, FISHING OR  TRAPPING
LICENSE ISSUED PURSUANT TO TITLE SEVEN OF ARTICLE ELEVEN OF THE ENVIRON-
MENTAL  CONSERVATION LAW OR AN ANNUAL VEHICLE ACCESS PASS, ALSO KNOWN AS
AN EMPIRE PASSPORT, PURSUANT TO ARTICLE THIRTEEN OF  THE  PARKS,  RECRE-
ATION  AND  HISTORIC PRESERVATION LAW SHALL, UPON REQUEST, BE ISSUED THE
DISTINCTIVE PLATE AVAILABLE TO A PERSON WHO PURCHASES A LIFETIME LICENSE
OR PASSPORT, WHICH SHALL BE ISSUED IN THE SAME MANNER  AS  OTHER  NUMBER
PLATES  UPON  THE  PAYMENT OF THE REGULAR REGISTRATION FEE PRESCRIBED BY
SECTION FOUR HUNDRED ONE OF THIS ARTICLE;  PROVIDED,  HOWEVER,  THAT  AN
ADDITIONAL ANNUAL SERVICE CHARGE OF FIFTEEN DOLLARS SHALL BE CHARGED FOR
SUCH PLATE. SUCH SERVICE CHARGE SHALL BE DEPOSITED AND MADE AVAILABLE IN
THE SAME MANNER AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
  S  27.  This act shall take effect April 1, 2014 provided that if this
act shall take effect after April 1, 2014, this act  shall  take  effect
immediately and shall be deemed to have been in full force and effect on
and after April 1, 2014; provided, however, that the amendments to para-
graph  a  of  subdivision  2  of  section 11-0907   of the environmental
conservation law made by section fourteen of this act shall  be  subject
to the expiration and reversion of such paragraph pursuant to section 13
of  chapter 600 of the laws of 1993, as amended, when upon such date the
provisions of section fifteen of this act shall take effect.

                                 PART FF

  Section 1. Chapter 350 of the laws of 2012 relating to the  conveyance
of  land formerly used as an armory to the town of Brookhaven, county of
Suffolk, section 3 as amended by chapter 161 of the  laws  of  2013,  is
amended to read as follows:
  Section  1.  Subject to the provisions of this act but notwithstanding
any other provision of law to the contrary, the commissioner of  general
services  is  hereby  authorized  to transfer and convey to the [town of
Brookhaven] NORTH PATCHOGUE FIRE DISTRICT in consideration of one dollar
and upon such other conditions as the commissioner may deem proper, land
formerly used as an armory, and further described in section two of this
act.
  S 2. The lands authorized by this act to be transferred  and  conveyed
are as follows:
  ALL that tract or parcel of land situate, lying and being  in the Town
of  Brookhaven,  County  of  Suffolk and State of New York, described as
follows:

S. 6355--D                         106                        A. 8555--D

  BEGINNING at a concrete monument  on  the  southerly  line  of  Barton
Avenue, at the boundary line of Lots 30 and 31 of the Map of Property of
the  O.L.    Schwencke Land and Investment Company and running from said
point of beginning South 05°08'00" West a distance of 512.00 feet  to  a
concrete  monument  on  the  boundary  line  between  said lot and lands
belonging to William G. Hubbard (reputed owner); thence South  84°52'00"
East  a  distance  of 255.30 feet to a concrete monument on the boundary
line between Lots 27 and 28; thence North 05°08'00" East a  distance  of
512.00  feet  to  a  concrete monument on the northerly boundary line of
Lots 27 and 28 which is 914.14 feet from  a  concrete  monument  at  the
boundary  line  of  Lot 27 and Washington Avenue; thence North 84°52'00"
West a distance of 255.30 feet to the point and place of beginning.
  Said parcel consisting of Lots 28, 29 and 30 on  Map  17-277  of  O.L.
Schwenke  and  filed  in the Office of the County Clerk of the County of
Suffolk dated September 24, 1901 contains 3.00 acres.
  S 3. The commissioner of general services shall not transfer or convey
the aforesaid land unless application is made by the [town  of  Brookha-
ven]  NORTH  PATCHOGUE FIRE DISTRICT within [three years] ONE YEAR after
the effective date of [this act] THE CHAPTER OF THE LAWS  OF  2014  THAT
AMENDED THIS SECTION.
  S  4. Any lands transferred pursuant to this act shall be used for the
purposes of the [town of Brookhaven] NORTH PATCHOGUE  FIRE  DISTRICT  to
utilize  the  subject  property  and improve the structures for [general
municipal] FIRE PROTECTION AND EMERGENCY SERVICES uses[, highway depart-
ment uses and recreation] and upon termination of such use title to  the
lands so transferred shall revert to the state of New York.
  S 5. This act shall take effect immediately.
  S 2. This act shall take effect immediately.

                                PART  GG

  Section 1.  Subject to the provisions of this act, but notwithstanding
any  other provision of law to the contrary, the commissioner of general
services is hereby authorized to sell and convey at fair  market  value,
and upon such other terms and conditions as such commissioner may deter-
mine, to the city of Ogdensburg all or part of the land and improvements
hereinafter described:
  Parcel  A:  Surplus property as defined by the Office of Mental Health
December 29, 2011. Situated between Route 37 and Cottage Drive;  bounded
on the northeast by Office of Mental Health long-term property for Chil-
dren  and  Youth  to include building numbers 38, 49, 50, 56, 57, 58 and
86, and bounded on the west by  Ogdensburg  Bridge  and  Port  Authority
lands, containing approximately 45 acres.
  A precise description will be based on an actual survey of the proper-
ty to be conveyed.
  S 2. The commissioner of general services shall not transfer or convey
any of the aforesaid land and improvements unless application is made by
the  city of Ogdensburg within one year after the effective date of this
act. Due to the proximity of the land and improvements to be transferred
and conveyed to existing  mental  health  and  correctional  facilities,
terms  and  conditions  of  any  transfer  and  conveyance including the
proposed use of said land and improvements,  shall  be  subject  to  the
approval  of  the  commissioner  of  mental  health, the commissioner of
corrections and community supervision, and the director of the  division
of the budget.
  S 3. This act shall take effect immediately.

S. 6355--D                         107                        A. 8555--D

                                 PART HH

  Section  1.  Section 4 of the state finance law is amended by adding a
new subdivision 11 to read as follows:
  11. (A) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY  AND  EXCEPT  AS
PROVIDED  BY  PARAGRAPH  (B)  OF  THIS SUBDIVISION, NO STATE AGENCY OR A
STATE OFFICIAL OR EMPLOYEE ACTING IN THEIR OFFICIAL  CAPACITY,  MAY  PAY
OUT  OR  OTHERWISE  DISBURSE FUNDS OBTAINED AS THE RESULT OF A JUDGMENT,
STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE  OF  DISCONTINUANCE,
OR OTHER LEGAL INSTRUMENT RESOLVING ANY CLAIM OR CAUSE OF ACTION, WHETH-
ER  FILED  OR  UNFILED,  ACTUAL  OR POTENTIAL, AND WHETHER ARISING UNDER
COMMON LAW, EQUITY, OR ANY PROVISION  OF  LAW,  EXCEPT  PURSUANT  TO  AN
APPROPRIATION.  SUCH  FUNDS SHALL NOT BE RETAINED BY ANY STATE OFFICIAL,
EMPLOYEE, OR AGENCY IN ANY FUND HELD IN THE  SOLE  CUSTODY  OF  A  STATE
AGENCY  FOR A PERIOD OF MORE THAN THIRTY DAYS BUT SHALL, CONSISTENT WITH
SECTION SEVEN OF ARTICLE SEVEN OF THE STATE CONSTITUTION BE DEPOSITED IN
THE STATE TREASURY, OR FUND UNDER ITS MANAGEMENT AS MAY BE  DIRECTED  BY
STATUTE OR AS OTHERWISE DIRECTED BY THE COMPTROLLER WITH THE CONCURRENCE
OF THE DIRECTOR OF THE BUDGET.
  (B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY TO (1) MONEYS TO
BE  DISTRIBUTED  TO THE FEDERAL GOVERNMENT, TO A LOCAL GOVERNMENT, OR TO
ANY HOLDER OF A BOND OR OTHER DEBT INSTRUMENT ISSUED BY THE  STATE,  ANY
PUBLIC  AUTHORITY,  OR  ANY PUBLIC BENEFIT CORPORATION; (2) MONEYS TO BE
DISTRIBUTED SOLELY OR EXCLUSIVELY AS A PAYMENT OF DAMAGES OR RESTITUTION
TO INDIVIDUALS OR ENTITIES THAT WERE SPECIFICALLY INJURED OR  HARMED  BY
THE  DEFENDANT'S OR SETTLING PARTY'S CONDUCT AND THAT ARE IDENTIFIED IN,
OR CAN BE IDENTIFIED BY THE TERMS OF, THE RELEVANT  JUDGMENT,  AGREEMENT
TO SETTLE, ASSURANCE OF DISCONTINUANCE, OR RELEVANT INSTRUMENT RESOLVING
THE  CLAIM  OR  CAUSE  OF  ACTION; (3) MONEYS RECOVERED OR OBTAINED BY A
STATE AGENCY OR A STATE OFFICIAL OR EMPLOYEE ACTING  IN  THEIR  OFFICIAL
CAPACITY  WHERE  APPLICATION  OF  PARAGRAPH  (A)  OF THIS SUBDIVISION IS
PROHIBITED BY FEDERAL LAW, RULE, OR REGULATION, OR WOULD RESULT  IN  THE
REDUCTION  OR  LOSS OF FEDERAL FUNDS OR ELIGIBILITY FOR FEDERAL BENEFITS
PURSUANT TO FEDERAL LAW, RULE, OR REGULATION; (4)  MONEYS  RECOVERED  OR
OBTAINED  BY OR ON BEHALF OF A PUBLIC AUTHORITY, A PUBLIC BENEFIT CORPO-
RATION, THE DEPARTMENT OF TAXATION AND  FINANCE,  THE  WORKERS'  COMPEN-
SATION  BOARD, THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION,
THE TOBACCO SETTLEMENT FINANCING CORPORATION, A STATE OR  LOCAL  RETIRE-
MENT  SYSTEM, AN EMPLOYEE HEALTH BENEFIT PROGRAM ADMINISTERED BY THE NEW
YORK STATE DEPARTMENT OF CIVIL SERVICE, THE  TITLE  IV-D  CHILD  SUPPORT
FUND,  THE LOTTERY PRIZE FUND, THE ABANDONED PROPERTY FUND, OR AN ENDOW-
MENT OF THE STATE UNIVERSITY OF NEW YORK OR  ANY  UNIT  THEREOF  OR  ANY
STATE  AGENCY, PROVIDED THAT ALL OF THE MONEYS RECEIVED OR RECOVERED ARE
IMMEDIATELY TRANSFERRED TO THE RELEVANT PUBLIC AUTHORITY, PUBLIC BENEFIT
CORPORATION, DEPARTMENT, FUND, PROGRAM, OR ENDOWMENT; (5) MONEYS  TO  BE
REFUNDED  TO  AN  INDIVIDUAL  OR  ENTITY AS (I) AN OVERPAYMENT OF A TAX,
FINE,  PENALTY,  FEE,  INSURANCE  PREMIUM,  LOAN  PAYMENT,   CHARGE   OR
SURCHARGE;  (II)  A  RETURN OF SEIZED ASSETS, OR (III) A PAYMENT MADE IN
ERROR; AND (6) MONEYS TO BE USED TO PREVENT, ABATE,  RESTORE,  MITIGATE,
OR  CONTROL ANY IDENTIFIABLE INSTANCE OF PRIOR OR ONGOING WATER, LAND OR
AIR POLLUTION.
  S 2. The state finance law is amended by adding a new section 190-a to
read as follows:
  S 190-A. MONIES RECOVERED. NOTWITHSTANDING ANY LAW  TO  THE  CONTRARY,
ALL MONIES RECOVERED OR OBTAINED UNDER THIS ARTICLE BY A STATE AGENCY OR

S. 6355--D                         108                        A. 8555--D

STATE  OFFICIAL  OR  EMPLOYEE ACTING IN THEIR OFFICIAL CAPACITY SHALL BE
SUBJECT TO SUBDIVISION ELEVEN OF SECTION FOUR OF THIS CHAPTER.
  S  3. The first undesignated paragraph of subdivision 12 of section 63
of the executive law, as amended by chapter 476 of the laws of 1981,  is
amended to read as follows:
  Whenever  any  person  shall  engage in repeated fraudulent or illegal
acts or otherwise demonstrate persistent  fraud  or  illegality  in  the
carrying on, conducting or transaction of business, the attorney general
may  apply,  in  the name of the people of the state of New York, to the
supreme court of the state of New York, on notice of five days,  for  an
order  enjoining  the  continuance  of  such business activity or of any
fraudulent or illegal acts, directing restitution and damages and, in an
appropriate case, cancelling any certificate filed under and  by  virtue
of  the provisions of section four hundred forty of the former penal law
or section one hundred thirty of the general business law, and the court
may award the relief applied for or so much thereof as it may deem prop-
er. The word "fraud" or "fraudulent" as used herein  shall  include  any
device,  scheme  or  artifice to defraud and any deception, misrepresen-
tation, concealment,  suppression,  false  pretense,  false  promise  or
unconscionable  contractual  provisions.  The term "persistent fraud" or
"illegality" as used herein shall include continuance or carrying on  of
any  fraudulent  or  illegal act or conduct. The term "repeated" as used
herein shall include repetition of any separate and distinct  fraudulent
or  illegal act, or conduct which affects more than one person. NOTWITH-
STANDING ANY LAW TO THE CONTRARY, ALL MONIES RECOVERED OR OBTAINED UNDER
THIS SUBDIVISION BY A STATE AGENCY OR STATE OFFICIAL OR EMPLOYEE  ACTING
IN  THEIR  OFFICIAL  CAPACITY  SHALL BE SUBJECT TO SUBDIVISION ELEVEN OF
SECTION FOUR OF THE STATE FINANCE LAW.
  S 4. Section 63 of the executive law is amended by adding a new subdi-
vision 16 to read as follows:
  16. (A) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY,  IN  RESOLVING,
BY  AGREED JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE
OF DISCONTINUANCE OR OTHERWISE, ANY CLAIM OR CAUSE  OF  ACTION,  WHETHER
FILED  OR UNFILED, ACTUAL OR POTENTIAL, AND WHETHER ARISING UNDER COMMON
LAW, EQUITY, OR ANY PROVISION OF LAW, A STATE AGENCY OR A STATE OFFICIAL
OR EMPLOYEE ACTING IN THEIR OFFICIAL CAPACITY SHALL NOT HAVE THE AUTHOR-
ITY TO INCLUDE OR AGREE TO INCLUDE IN SUCH RESOLUTION ANY TERM OR CONDI-
TION THAT WOULD PROVIDE THE STATE AGENCY, OFFICIAL, OR  EMPLOYEE,  THEIR
AGENT  OR  DESIGNEE, THE SETTLING PARTY, OR ANY THIRD PARTY WITH CONTROL
OR DISCRETION OVER HOW ANY MONEYS TO BE PAID BY THE SETTLING PARTY WOULD
BE USED, SPENT, OR ALLOCATED.
  (B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY TO ANY PROVISION
IN THE RESOLUTION OF A CLAIM OR CAUSE OF ACTION PROVIDING (1) MONEYS  TO
BE  DISTRIBUTED  TO THE FEDERAL GOVERNMENT, TO A LOCAL GOVERNMENT, OR TO
ANY HOLDER OF A BOND OR OTHER DEBT INSTRUMENT ISSUED BY THE  STATE,  ANY
PUBLIC  AUTHORITY,  OR  ANY PUBLIC BENEFIT CORPORATION; (2) MONEYS TO BE
DISTRIBUTED SOLELY OR EXCLUSIVELY AS A PAYMENT OF DAMAGES OR RESTITUTION
TO INDIVIDUALS OR ENTITIES THAT WERE SPECIFICALLY INJURED OR  HARMED  BY
THE  DEFENDANT'S OR SETTLING PARTY'S CONDUCT AND THAT ARE IDENTIFIED IN,
OR CAN BE IDENTIFIED BY THE TERMS  OF,  THE  RELEVANT  JUDGMENT,  STIPU-
LATION,  DECREE,  AGREEMENT  TO  SETTLE, ASSURANCE OF DISCONTINUANCE, OR
RELEVANT INSTRUMENT RESOLVING THE CLAIM OR CAUSE OF ACTION;  (3)  MONEYS
RECOVERED OR OBTAINED BY THE ATTORNEY GENERAL WHERE APPLICATION OF PARA-
GRAPH  (A)  OF  THIS  SUBDIVISION IS PROHIBITED BY FEDERAL LAW, RULE, OR
REGULATION, OR WOULD RESULT IN THE REDUCTION OR LOSS OF FEDERAL FUNDS OR
ELIGIBILITY FOR FEDERAL BENEFITS PURSUANT TO FEDERAL LAW, RULE, OR REGU-

S. 6355--D                         109                        A. 8555--D

LATION; (4) MONEYS RECOVERED OR OBTAINED BY OR ON  BEHALF  OF  A  PUBLIC
AUTHORITY,  A PUBLIC BENEFIT CORPORATION, THE DEPARTMENT OF TAXATION AND
FINANCE, THE WORKERS' COMPENSATION BOARD,  THE  NEW  YORK  STATE  HIGHER
EDUCATION  SERVICES CORPORATION, THE TOBACCO SETTLEMENT FINANCING CORPO-
RATION, A STATE OR LOCAL RETIREMENT SYSTEM, AN EMPLOYEE  HEALTH  BENEFIT
PROGRAM  ADMINISTERED BY THE NEW YORK STATE DEPARTMENT OF CIVIL SERVICE,
THE TITLE IV-D CHILD SUPPORT FUND, THE LOTTERY PRIZE FUND, THE ABANDONED
PROPERTY FUND, OR AN ENDOWMENT OF THE STATE UNIVERSITY OF  NEW  YORK  OR
ANY  UNIT  THEREOF  OR ANY STATE AGENCY, PROVIDED THAT ALL OF THE MONEYS
RECEIVED OR RECOVERED ARE IMMEDIATELY TRANSFERRED TO THE RELEVANT PUBLIC
AUTHORITY, PUBLIC BENEFIT CORPORATION,  DEPARTMENT,  FUND,  PROGRAM,  OR
ENDOWMENT;  (5)  MONEYS TO BE REFUNDED TO AN INDIVIDUAL OR ENTITY AS (I)
AN OVERPAYMENT OF A TAX, FINE, PENALTY,  FEE,  INSURANCE  PREMIUM,  LOAN
PAYMENT, CHARGE OR SURCHARGE; (II) A RETURN OF SEIZED ASSETS; OR (III) A
PAYMENT  MADE  IN  ERROR;  AND  (6) MONEYS TO BE USED TO PREVENT, ABATE,
RESTORE, MITIGATE OR CONTROL ANY IDENTIFIABLE INSTANCE OF PRIOR OR ONGO-
ING WATER, LAND OR AIR POLLUTION.
  (C) WHERE  AN  AGREED  JUDGMENT,  STIPULATION,  DECREE,  AGREEMENT  TO
SETTLE,  ASSURANCE  OF DISCONTINUANCE OR OTHER LEGAL INSTRUMENT RESOLVES
(1) ANY CLAIM OR ANY CAUSE OF ACTION ASSERTED BY A  STATE  AGENCY  OR  A
STATE OFFICIAL OR EMPLOYEE ACTING IN THEIR OFFICIAL CAPACITY AND (2) ANY
CLAIM  OR  CAUSE OF ACTION ASSERTED BY ONE OR MORE FOREIGN JURISDICTIONS
OR THIRD PARTIES, PARAGRAPH (A) OF THIS SUBDIVISION SHALL ONLY APPLY  TO
THE  RESOLUTION  OF  THE  CLAIM OR CAUSE OF ACTION ASSERTED BY THE STATE
AGENCY, OFFICIAL, OR EMPLOYEE.
  S 5. The general business law is amended by adding a new section 340-a
to read as follows:
  S 340-A. MONIES RECOVERED. NOTWITHSTANDING ANY LAW  TO  THE  CONTRARY,
ALL MONIES RECOVERED OR OBTAINED UNDER THIS ARTICLE BY A STATE AGENCY OR
STATE  OFFICIAL  OR  EMPLOYEE ACTING IN THEIR OFFICIAL CAPACITY SHALL BE
SUBJECT TO SUBDIVISION ELEVEN OF SECTION FOUR OF THE STATE FINANCE LAW.
  S 6. Section 349 of the general business law is amended  by  adding  a
new subdivision (j) to read as follows:
  (J)  NOTWITHSTANDING  ANY LAW TO THE CONTRARY, ALL MONIES RECOVERED OR
OBTAINED UNDER THIS ARTICLE BY A  STATE  AGENCY  OR  STATE  OFFICIAL  OR
EMPLOYEE  ACTING IN THEIR OFFICIAL CAPACITY SHALL BE SUBJECT TO SUBDIVI-
SION ELEVEN OF SECTION FOUR OF THE STATE FINANCE LAW.
  S 7. Section 353 of the general business law is amended  by  adding  a
new subdivision 4 to read as follows:
  4.  NOTWITHSTANDING  ANY  LAW TO THE CONTRARY, ALL MONIES RECOVERED OR
OBTAINED UNDER THIS ARTICLE BY A  STATE  AGENCY  OR  STATE  OFFICIAL  OR
EMPLOYEE  ACTING IN THEIR OFFICIAL CAPACITY SHALL BE SUBJECT TO SUBDIVI-
SION ELEVEN OF SECTION FOUR OF THE STATE FINANCE LAW.
  S 8. Severability. If any provision of this act shall for  any  reason
be  finally adjudged by any court of competent jurisdiction to be inval-
id, such judgment shall not affect, impair, or invalidate the  remainder
of  this  act,  but  shall be confined in its operation to the provision
directly involved in the controversy in which such judgment  shall  have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provision had
not been included in this act. Provided further that if a court of final
competent jurisdiction adjudges that the application of any provision of
this act to a judgment, stipulation, decree, agreement to settle, assur-
ance  of discontinuance, or other legal instrument executed prior to the
effective date of this act is invalid, such provision shall  be  applied
to  a  judgment,  stipulation, decree, agreement to settle, assurance of

S. 6355--D                         110                        A. 8555--D

discontinuance, or other legal instrument executed after  the  effective
date of this act.
  S 9. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the applicable effective date of Parts A through HH of this act shall be
as specifically set forth in the last section of such Parts.

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