[ ] is old law to be omitted.
LBD12672-05-2
S. 8006--C 2 A. 9006--C
kindergarten program; to amend the education law, in relation to
universal prekindergarten expansions; to amend chapter 756 of the laws
of 1992, relating to funding a program for work force education
conducted by the consortium for worker education in New York city, in
relation to reimbursement for the 2022-2023 school year, withholding a
portion of employment preparation education aid and in relation to the
effectiveness thereof; to amend chapter 537 of the laws of 1976,
relating to paid, free and reduced price breakfast for eligible pupils
in certain school districts, in relation to lunch meal state subsidy;
to amend chapter 169 of the laws of 1994, relating to certain
provisions related to the 1994-95 state operations, aid to localities,
capital projects and debt service budgets, in relation to the effec-
tiveness thereof; to amend chapter 147 of the laws of 2001, amending
the education law relating to conditional appointment of school
district, charter school or BOCES employees, in relation to the effec-
tiveness thereof; to amend chapter 425 of the laws of 2002, amending
the education law relating to the provision of supplemental educa-
tional services, attendance at a safe public school and the suspension
of pupils who bring a firearm to or possess a firearm at a school, in
relation to making certain provisions thereof permanent; to amend the
No Child Left Behind Act of 2001, in relation to making the provisions
thereof permanent; to amend chapter 552 of the laws of 1995, amending
the education law relating to contracts for the transportation of
school children, in relation to the effectiveness thereof; providing
for school bus driver training grants; providing for special appor-
tionment for salary expenses; providing for special apportionment for
public pension accruals; to amend chapter 121 of the laws of 1996,
relating to authorizing the Roosevelt union free school district to
finance deficits by the issuance of serial bonds, in relation to
extending the school years to which apportionment for salary expenses
apply; to amend the education law, in relation to permitting the city
school district of the city of Rochester to make certain purchases
from the board of cooperative educational services of the supervisory
district serving its geographic region; to amend chapter 82 of the
laws of 1995, amending the education law and certain other laws relat-
ing to state aid to school districts and the appropriation of funds
for the support of government, in relation to the effectiveness there-
of; providing for set-asides from the state funds which certain
districts are receiving from the total foundation aid; providing for
support of public libraries; and providing for the repeal of certain
provisions upon expiration thereof (Part A); to amend the education
law and the local finance law, in relation to zero-emission school
buses (Subpart A); to amend the public authorities law, in relation to
the creation of a zero-emission bus roadmap (Subpart B)(Part B);
intentionally omitted (Part C); to amend the education law, in
relation to state appropriations for reimbursement of tuition credits
(Part D); to amend the education law, in relation to the expansion of
the part-time tuition assistance program (Part E); to amend the educa-
tion law, in relation to eligibility requirements and conditions for
tuition assistance program awards; and to repeal certain provisions of
the education law relating to the ban on incarcerated individuals to
be eligible to receive state aid (Part F); to amend the education law,
in relation to setting tuition rates charged for recipients of the
excelsior scholarship (Part G); to amend the education law, in
relation to including certain apprenticeships in the definition of
"eligible educational institution" for the New York state college
S. 8006--C 3 A. 9006--C
choice tuition savings program (Part H); intentionally omitted (Part
I); intentionally omitted (Part J); intentionally omitted (Part K); to
amend the social services law, in relation to child care assistance
(Part L); to amend part N of chapter 56 of the laws of 2020, amending
the social services law relating to restructuring financing for resi-
dential school placements, in relation to the effectiveness thereof
(Part M); to amend part C of chapter 83 of the laws of 2002, amending
the executive law and other laws relating to funding for children and
family services, in relation to extending the effectiveness thereof
(Part N); to amend the social services law, in relation to reimburse-
ment for a portion of the costs of social services districts for care
provided to foster children in institutions, group residences, group
homes, and agency operated boarding homes (Part O); intentionally
omitted (Part P); intentionally omitted (Part Q); to amend the execu-
tive law, in relation to increasing the amount of reimbursement the
division of veterans' affairs shall provide to local veterans' service
agencies for the cost of maintenance of such agencies (Part R); to
amend the social services law, in relation to increasing the standards
of monthly need for aged, blind and disabled persons living in the
community (Part S); to amend part W of chapter 54 of the laws of 2016
amending the social services law relating to the powers and duties of
the commissioner of social services relating to the appointment of a
temporary operator, in relation to the effectiveness thereof (Part T);
to amend the social services law, in relation to the public benefits
and requirements; and to repeal certain provisions of such law relat-
ing thereto (Part U); intentionally omitted (Part V); intentionally
omitted (Part W); intentionally omitted (Part X); intentionally omit-
ted (Part Y); to utilize reserves in the mortgage insurance fund for
various housing purposes (Part Z); intentionally omitted (Part AA);
intentionally omitted (Part BB); intentionally omitted (Part CC);
intentionally omitted (Part DD); intentionally omitted (Part EE);
intentionally omitted (Part FF); to amend the executive law, in
relation to the state's language access policy (Part GG); to amend the
retirement and social security law, in relation to waiving approval
and income limitations on retirees employed in school districts and
board of cooperative educational services; and providing for the
repeal of such provisions upon expiration thereof (Part HH); inten-
tionally omitted (Part II); to amend chapter 277 of the laws of 2021
amending the labor law relating to the calculation of weekly employ-
ment insurance benefits for workers who are partially unemployed, in
relation to the effectiveness thereof (Part JJ); directing the office
of temporary and disability assistance to conduct a public outreach
program regarding utilities assistance (Part KK); to amend the social
services law, in relation to the savings plan demonstration project in
the city of New York; and to amend part K of chapter 58 of the laws of
2010 amending the social services law relating to establishing the
savings plan demonstration project, in relation to the effectiveness
thereof (Part LL); to repeal section 106 of the social services law
relating to mortgage repayment liens for public assistance benefici-
aries (Part MM); requiring the state university of New York and the
city university of New York to report on the hiring of faculty pursu-
ant to any state funding appropriated for such purposes (Part NN); to
amend the education law, in relation to removing the limit on the
total annual costs of the Senator Patricia K. McGee nursing faculty
scholarship program and relates to the number of awards that may be
given under the New York state young farmers loan forgiveness incen-
S. 8006--C 4 A. 9006--C
tive program (Part OO); in relation to constituting chapter 13 of the
consolidated laws establishing the veterans' services law and the
department of veterans' services; to amend the domestic relations law,
the education law, the election law, the environmental conservation
law, the executive law, the general municipal law, the labor law, the
mental hygiene law, the not-for-profit corporation law, the public
health law, the social services law, the state finance law, the New
York state defense emergency act, the administrative code of the city
of New York, the New York city charter, the cannabis law, the state
technology law, the county law, the economic development law, the
correction law, the civil service law, the general business law, the
general construction law, the highway law, the insurance law, the
judiciary law, the military law, the public housing law, the public
officers law, the private housing finance law, the real property tax
law, the tax law, the town law, the vehicle and traffic law, and the
workers' compensation law, in relation to replacing all instances of
the term "division of veterans services" with the term "department of
veterans' services" and making related conforming technical changes;
and to repeal certain provisions of the executive law relating to
veterans' services and of the military law relating to certain awards
and medals (Part PP); to establish the "ethics commission reform act
of 2022"; to amend the executive law, in relation to creating a
commission on ethics and lobbying in government; to amend the legisla-
tive law, the public officers law, and the executive law, in relation
to making technical corrections thereto; and to repeal certain
provisions of the executive law relating thereto (Part QQ); to amend
the racing, pari-mutuel wagering and breeding law, in relation to
gaming facility determinations and licensing (Part RR); to amend the
retirement and social security law, in relation to enacting reforms
related to public service performed during the COVID-19 pandemic (Part
SS); to amend the retirement and social security law, in relation to
providing reforms to Tier 5 and Tier 6 of the retirement system (Part
TT); to amend the penal law, in relation to criminal sale of firearms
(Subpart A); to amend the criminal procedure law, in relation to
appearance tickets issued to certain persons (Subpart B); to amend the
criminal procedure law, in relation to certain information the court
must consider and take into account for securing an order (Subpart C);
to amend the criminal procedure law, in relation to the failure to
comply with a discovery order and certificates of compliance (Subpart
D); to amend the family court act, in relation to the statute of limi-
tations and jurisdiction for juvenile delinquency proceedings; and
community based treatment referrals (Subpart E); and to amend the
criminal procedure law, in relation to release for mental health
assessment and evaluation and involuntary commitment pending release
(Subpart F); and to amend the judiciary law and the executive law, in
relation to certain reports on pretrial release and detention (Subpart
G); to amend Kendra's law, in relation to extending the expiration
thereof; and to amend the mental hygiene law, in relation to extending
Kendra's law and assisted outpatient treatment (Subpart H) (Part UU);
in relation to enacting the private activity bond allocation act of
2022; and providing for the repeal of certain provisions upon expira-
tion thereof (Part VV); to amend the public officers law, in relation
to permitting videoconferencing and remote participation in public
meetings under certain circumstances; and providing for the repeal of
such provisions upon expiration thereof (Part WW); to amend the public
health law, in relation to the minimum wage of home care aides (Part
S. 8006--C 5 A. 9006--C
XX); to amend chapter 252 of the laws of 1968 relating to the
construction and financing of a stadium by the county of Erie and
authorizing, in aid of such financing, the leasing of such stadium and
exemption from current funds requirements, in relation to confirming
the intention of the legislature that the purposes mentioned therein
are public and governmental purposes of the county of Erie for which
exemption shall be allowed from real property taxation (Part YY); to
amend the social services law, in relation to establishing the health
care and mental hygiene worker bonuses (Part ZZ); to amend the social
services law, in relation to expanding Medicaid eligibility require-
ments for seniors and disabled individuals; and relating to expanding
eligibility for the medicare savings program (Part AAA); to amend the
public health law and the social services law, in relation to permit-
ting the commissioner of health to submit a waiver that expands eligi-
bility for New York's basic health program and increases the federal
poverty limit cap for basic health program eligibility from two
hundred to two hundred fifty percent; to amend the social services
law, in relation to allowing pregnant individuals to be eligible for
the basic health program and maintain coverage in the basic health
program for one year post pregnancy and to deem a child born to an
individual covered under the basic health program to be eligible for
medical assistance; to amend the social services law, in relation to
cost-sharing obligations for certain services and supports; and
providing for the repeal of certain provisions upon the expiration
thereof (Part BBB); to amend the social services law, in relation to
including expanded pre-natal and post-partum care as standard coverage
when determined to be necessary; and to repeal section 369-hh of the
social services law (Part CCC); to amend the public health law, in
relation to expanding benefits in the Child Health Plus Program, elim-
inating the premium contribution for certain households and trans-
ferring Child Health Plus rate setting authority from the Department
of Financial Services to the Department of Health (Part DDD); to amend
part E of chapter 55 of the laws of 2020, amending the state finance
law relating to establishing the criminal justice discovery compen-
sation fund; amending the criminal procedure law relating to monies
recovered by county district attorneys before the filing of an accusa-
tory instrument; and providing for the repeal of certain provisions
upon expiration thereof, in relation to extending the effectiveness
thereof; and to amend the judiciary law and the state finance law, in
relation to monies allocated to the chief administrator of the courts
and the division of criminal justice services for the purpose of
completing certain reports (Part EEE); and to provide for the adminis-
tration of certain funds and accounts related to the 2022-2023 budget,
authorizing certain payments and transfers; to amend the state finance
law, in relation to the administration of certain funds and accounts;
to amend part D3 of chapter 62 of the laws of 2003 amending the gener-
al business law and other laws relating to implementing the state
fiscal plan for the 2003-2004 state fiscal year, in relation to the
deposit provisions of the tobacco settlement financing corporation
act; to amend part D of chapter 389 of the laws of 1997 relating to
the financing of the correctional facilities improvement fund and the
youth facility improvement fund, in relation to the issuance of
certain bonds or notes; to amend chapter 81 of the laws of 2002 relat-
ing to providing for the administration of certain funds and accounts
related to the 2002-2003 budget, in relation to the issuance of
certain bonds & notes; to amend part Y of chapter 61 of the laws of
S. 8006--C 6 A. 9006--C
2005, relating to providing for the administration of certain funds
and accounts related to the 2005-2006 budget, in relation to the issu-
ance of certain bonds or notes; to amend the public authorities law,
in relation to the issuance of certain bonds or notes; to amend the
New York state medical care facilities finance agency act, in relation
to the issuance of certain bonds or notes; to amend the New York state
urban development corporation act, in relation to the issuance of
certain bonds or notes; to amend chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the estab-
lishment of the dedicated highway and bridge trust fund, in relation
to the issuance of certain bonds or notes; to amend the public author-
ities law, in relation to the issuance of certain bonds or notes; to
amend the private housing finance law, in relation to housing program
bonds and notes; to amend 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, in relation
to increasing the amount of authorized matching capital grants; to
amend the New York state urban development corporation act, in
relation to the nonprofit infrastructure capital investment program;
to amend the New York state urban development corporation act, in
relation to personal income tax notes for 2022, in relation to author-
izing the dormitory authority of the state of New York and the urban
development corporation to enter into line of credit facilities for
2022, and in relation to state-supported debt issued during the 2022
fiscal year; to amend the state finance law, in relation to payments
of bonds; to amend the state finance law, in relation to the mental
health services fund; to amend the state finance law, in relation to
the issuance of revenue bonds; to amend the New York state urban
development corporation act, in relation to permitting the dormitory
authority, the New York state urban development corporation, and the
thruway authority to issue bonds for the purpose of refunding obli-
gations of the power authority of the state of New York to fund energy
efficiency projects at state agencies; to repeal subdivisions 4 and 5
of section 16 of part T of chapter 57 of the laws of 2007, relating to
providing for the administration of certain funds and accounts related
to the 2007-2008 budget; and providing for the repeal of certain
provisions upon expiration thereof (Part FFF)
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
necessary to implement the state education, labor, housing and family
assistance budget for the 2022-2023 state fiscal year. Each component is
wholly contained within a Part identified as Parts A through FFF. 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, including 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
S. 8006--C 7 A. 9006--C
Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 1 of part A of chapter 56 of the laws of
2021, is amended to read as follows:
e. Notwithstanding paragraphs a and b of this subdivision, a school
district that submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for excel-
lence for the two thousand nine--two thousand ten school year in
conformity with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the district are
identified as in good standing and provided further that, a school
district that submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the product of the amount
approved by the commissioner in the contract for excellence for the two
thousand nine--two thousand ten school year, multiplied by the
district's gap elimination adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand thir-
teen school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eleven--two thousand twelve school year and
provided further that, a school district that submitted a contract for
excellence for the two thousand twelve--two thousand thirteen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that, a school district that submitted a
contract for excellence for the two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are identified
as in good standing, shall submit a contract for excellence for the two
thousand fourteen--two thousand fifteen school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand fourteen school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
fourteen--two thousand fifteen school year, unless all schools in the
district are identified as in good standing, shall submit a contract for
excellence for the two thousand fifteen--two thousand sixteen school
year which shall, notwithstanding the requirements of subparagraph (vi)
of paragraph a of subdivision two of this section, provide for the
expenditure of an amount which shall be not less than the amount
approved by the commissioner in the contract for excellence for the two
S. 8006--C 8 A. 9006--C
thousand fourteen--two thousand fifteen school year; and provided
further that a school district that submitted a contract for excellence
for the two thousand fifteen--two thousand sixteen school year, unless
all schools in the district are identified as in good standing, shall
submit a contract for excellence for the two thousand sixteen--two thou-
sand seventeen school year which shall, notwithstanding the requirements
of subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand fifteen--two thousand sixteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand sixteen--two thousand seventeen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
seventeen--two thousand eighteen school year which shall, notwithstand-
ing the requirements of subparagraph (vi) of paragraph a of subdivision
two of this section, provide for the expenditure of an amount which
shall be not less than the amount approved by the commissioner in the
contract for excellence for the two thousand sixteen--two thousand
seventeen school year; and provided further that a school district that
submitted a contract for excellence for the two thousand seventeen--two
thousand eighteen school year, unless all schools in the district are
identified as in good standing, shall submit a contract for excellence
for the two thousand eighteen--two thousand nineteen school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the amount approved by the
commissioner in the contract for excellence for the two thousand seven-
teen--two thousand eighteen school year; and provided further that, a
school district that submitted a contract for excellence for the two
thousand eighteen--two thousand nineteen school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand nineteen--two thousand
twenty school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eighteen--two thousand nineteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand nineteen--two thousand twenty school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
twenty--two thousand twenty-one school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand nineteen--two thousand twenty school
year; and provided further that, a school district that submitted a
contract for excellence for the two thousand twenty--two thousand twen-
ty-one school year, unless all schools in the district are identified as
in good standing, shall submit a contract for excellence for the two
thousand twenty-one--two thousand twenty-two school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand twenty--two
S. 8006--C 9 A. 9006--C
thousand twenty-one school year; AND PROVIDED FURTHER THAT, A SCHOOL
DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR, UNLESS ALL SCHOOLS IN
THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT
FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-
THREE SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF
SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION,
PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN
THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE
FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEAR.
For purposes of this paragraph, the "gap elimination adjustment percent-
age" shall be calculated as the sum of one minus the quotient of the sum
of the school district's net gap elimination adjustment for two thousand
ten--two thousand eleven computed pursuant to chapter fifty-three of the
laws of two thousand ten, making appropriations for the support of
government, plus the school district's gap elimination adjustment for
two thousand eleven--two thousand twelve as computed pursuant to chapter
fifty-three of the laws of two thousand eleven, making appropriations
for the support of the local assistance budget, including support for
general support for public schools, divided by the total aid for adjust-
ment computed pursuant to chapter fifty-three of the laws of two thou-
sand eleven, making appropriations for the local assistance budget,
including support for general support for public schools. Provided,
further, that such amount shall be expended to support and maintain
allowable programs and activities approved in the two thousand nine--two
thousand ten school year or to support new or expanded allowable
programs and activities in the current year.
§ 2. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph j to read as follows:
J. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND
TWENTY-THREE SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-TWO--TWO
THOUSAND TWENTY-THREE SCHOOL YEAR SHALL BE EQUAL TO THE SUM OF THE TOTAL
FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE
OF THIS SECTION PLUS THE GREATER OF (A) THE PRODUCT OF THE PHASE-IN
FOUNDATION INCREASE FACTOR AS COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF
PARAGRAPH B OF THIS SUBDIVISION MULTIPLIED BY THE POSITIVE DIFFERENCE,
IF ANY, OF (I) TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH A OF
THIS SUBDIVISION LESS (II) THE TOTAL FOUNDATION AID BASE COMPUTED PURSU-
ANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, OR (B) THE PROD-
UCT OF THREE HUNDREDTHS (0.03) MULTIPLIED BY THE TOTAL FOUNDATION AID
BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS
SECTION.
§ 3. Section 3602 of the education law is amended by adding a new
subdivision 4-a to read as follows:
4-A. FOUNDATION AID MAINTENANCE OF EQUITY AID. 1. FOR PURPOSES OF
THIS SUBDIVISION THE FOLLOWING TERMS SHALL BE DEFINED AS FOLLOWS:
A. "HIGH-NEED LEAS" SHALL MEAN LOCAL EDUCATIONAL AGENCIES WITH (1) THE
HIGHEST PERCENTAGE OF ECONOMICALLY DISADVANTAGED STUDENTS AS CALCULATED
BASED ON THE MOST RECENT SMALL AREA INCOME AND POVERTY ESTIMATES
PROVIDED BY THE UNITED STATES CENSUS BUREAU AND (2) THE CUMULATIVE SUM
OF LOCAL EDUCATIONAL AGENCY ENROLLMENT FOR THE BASE YEAR IS GREATER THAN
OR EQUAL TO THE PRODUCT OF FIVE-TENTHS (0.5) AND THE STATEWIDE TOTAL OF
SUCH ENROLLMENT.
B. "HIGHEST-POVERTY LEAS" SHALL MEAN LOCAL EDUCATIONAL AGENCIES WITH
(1) THE HIGHEST PERCENTAGE OF ECONOMICALLY DISADVANTAGED STUDENTS AS
S. 8006--C 10 A. 9006--C
CALCULATED BASED ON THE MOST RECENT SMALL AREA INCOME AND POVERTY ESTI-
MATES PROVIDED BY THE UNITED STATES CENSUS BUREAU AND (2) THE CUMULATIVE
SUM OF LOCAL EDUCATIONAL AGENCY ENROLLMENT FOR THE BASE YEAR IS GREATER
THAN OR EQUAL TO THE PRODUCT OF TWO-TENTHS (0.2) AND THE STATEWIDE TOTAL
OF SUCH ENROLLMENT.
C. "ELIGIBLE DISTRICTS" SHALL MEAN SCHOOL DISTRICTS DEFINED AS HIGH-
NEED LEAS OR HIGHEST-POVERTY LEAS IN THE CURRENT YEAR WHICH ARE SUBJECT
TO THE STATE LEVEL MAINTENANCE OF EQUITY REQUIREMENT IN THE AMERICAN
RESCUE PLAN ACT OF 2021, SECTION 2004, PART 1, SUBTITLE A, TITLE II,
(PUBLIC LAW 117-2) FOR THE CURRENT YEAR.
D. "STATE FUNDING" SHALL MEAN ANY APPORTIONMENT PROVIDED PURSUANT TO
SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-
ONE, AND SEVEN HUNDRED FIFTY-THREE OF THIS CHAPTER PLUS APPORTIONMENTS
PURSUANT TO SUBDIVISIONS FOUR, FIVE-A, TEN, TWELVE, AND SIXTEEN OF THIS
SECTION.
E. "LOCAL EDUCATIONAL AGENCY ENROLLMENT" SHALL MEAN THE UNDUPLICATED
COUNT OF ALL CHILDREN REGISTERED TO RECEIVE EDUCATIONAL SERVICES IN
GRADES KINDERGARTEN THROUGH TWELVE, INCLUDING CHILDREN IN UNGRADED
PROGRAMS, AS REGISTERED ON THE DATE PRIOR TO NOVEMBER FIRST THAT IS
SPECIFIED BY THE COMMISSIONER AS THE ENROLLMENT REPORTING DATE, REGIS-
TERED IN A LOCAL EDUCATIONAL AGENCY AS DEFINED PURSUANT TO SECTION 7801
OF TITLE 20 OF THE UNITED STATES CODE.
2. ELIGIBLE DISTRICTS SHALL RECEIVE AN APPORTIONMENT OF FOUNDATION AID
MAINTENANCE OF EQUITY AID IN THE CURRENT YEAR IF THE COMMISSIONER, IN
CONSULTATION WITH THE DIRECTOR OF THE BUDGET, DETERMINES THE DISTRICT
WOULD OTHERWISE RECEIVE A REDUCTION IN STATE FUNDING ON A PER PUPIL
BASIS INCONSISTENT WITH THE FEDERAL STATE LEVEL MAINTENANCE OF EQUITY
REQUIREMENT. THIS APPORTIONMENT SHALL BE EQUAL TO THE AMOUNT NECESSARY
TO ENSURE COMPLIANCE WITH THE FEDERAL STATE LEVEL MAINTENANCE OF EQUITY
REQUIREMENT. THIS APPORTIONMENT SHALL BE PAID IN THE CURRENT YEAR
PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-A OF THIS PART.
§ 4. Clause (ii) of paragraph j of subdivision 1 of section 3602 of
the education law, as amended by section 11 of part B of chapter 57 of
the laws of 2007, is amended to read as follows:
(ii) For aid payable in the two thousand eight--two thousand nine
school year and thereafter, the total foundation aid base shall equal
the total amount a district was eligible to receive in the base year
pursuant to subdivision four of this section PLUS FOUNDATION AID MAINTE-
NANCE OF EQUITY AID PURSUANT TO SUBDIVISION FOUR-A OF THIS SECTION.
§ 5. Section 3602-b of the education law is amended by adding a new
subdivision 3 to read as follows:
3. A. IN ADDITION TO APPORTIONMENTS CALCULATED PURSUANT TO SUBDIVI-
SIONS ONE AND TWO OF THIS SECTION, EACH SCHOOL DISTRICT EMPLOYING FEWER
THAN EIGHT TEACHERS DEFINED AS ELIGIBLE PURSUANT TO PARAGRAPH ONE OF
SUBDIVISION FOUR-A OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART SHALL
RECEIVE AN ADDITIONAL APPORTIONMENT OF PUBLIC MONEY IN THE CURRENT YEAR
IF THE COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET,
DETERMINES THE DISTRICT WOULD OTHERWISE RECEIVE A REDUCTION IN STATE
FUNDING, AS DEFINED IN SUBPARAGRAPH D OF PARAGRAPH ONE OF SUBDIVISION
FOUR-A OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, ON A PER PUPIL
BASIS INCONSISTENT WITH THE FEDERAL STATE LEVEL MAINTENANCE OF EQUITY
REQUIREMENT.
B. THE MAINTENANCE OF EQUITY AID SHALL BE EQUAL TO THE AMOUNT NECES-
SARY TO ENSURE COMPLIANCE WITH THE FEDERAL STATE LEVEL MAINTENANCE OF
EQUITY REQUIREMENT IN THE AMERICAN RESCUE PLAN ACT OF 2021, SECTION
S. 8006--C 11 A. 9006--C
2004, PART 1, SUBTITLE A, TITLE II, (PUBLIC LAW 117-2) FOR THE CURRENT
YEAR.
§ 5-a. Section 9-a of part A of chapter 56 of the laws of 2021, relat-
ing to funding from the elementary and secondary school emergency relief
fund allocated by the American rescue plan act of 2021, is amended to
read as follows:
§ 9-a. (1) On or before July 1, 2021, every local educational agency
receiving funding from the elementary and secondary school emergency
relief fund allocated by the American rescue plan act of 2021 shall be
required to post on its website a plan by school year of how such funds
will be expended and how the local educational agency will prioritize
spending on non-recurring expenses in the areas of: safely returning
students to in-person instruction; maximizing in-person instruction
time; operating schools and meeting the needs of students; purchasing
educational technology; addressing the impacts of the COVID-19 pandemic
on students, including the impacts of interrupted instruction and learn-
ing loss and the impacts on low-income students, children with disabili-
ties, English language learners, and students experiencing homelessness;
implementing evidence-based strategies to meet students' social,
emotional, mental health, and academic needs; offering evidence-based
summer, afterschool, and other extended learning and enrichment
programs; and supporting early childhood education. Provided further,
that local educational agencies shall identify any programs utilizing
such funding that are expected to continue beyond the availability of
such federal funds and identify local funds that will be used to main-
tain such programs in order to minimize disruption to core academic and
other school programs. Before posting such plan, the local educational
agency shall seek public comment from parents, teachers and other stake-
holders on the plan and take such comments into account in the develop-
ment of the plan.
(2) ON OR BEFORE JULY 1, 2022, EVERY LOCAL EDUCATIONAL AGENCY RECEIV-
ING FUNDING FROM THE ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF
FUND ALLOCATED BY THE AMERICAN RESCUE PLAN ACT OF 2021 SHALL BE REQUIRED
TO POST ON ITS WEBSITE AN UPDATED PLAN AS DESCRIBED IN SUBDIVISION ONE
OF THIS SECTION. THIS UPDATED PLAN SHALL INCLUDE AN ANALYSIS OF PUBLIC
COMMENTS, GOALS AND RATIOS FOR PUPIL SUPPORT, DETAILED SUMMARIES OF
INVESTMENTS IN CURRENT YEAR INITIATIVES, AND BALANCE FUNDS SPENT IN
PRIORITY AREAS. THE LOCAL EDUCATIONAL AGENCY SHALL SUBMIT SUCH PLAN TO
THE STATE EDUCATION DEPARTMENT IN A FORM PRESCRIBED BY THE DEPARTMENT,
AND THE DEPARTMENT SHALL POST ALL OF THE COLLECTED PLANS ON ITS WEBSITE.
§ 5-b. Section 10-d of part A of chapter 56 of the laws of 2021,
relating to funding from the elementary and secondary school emergency
relief fund allocated by the American rescue plan act of 2021, is
amended to read as follows:
§ 10-d. For the 2021-22, 2022-23 and 2023-24 school years, each school
district receiving a foundation aid increase of more than: (i) ten
percent; or (ii) ten million dollars in a school year shall, on or
before July 1 of each school year, post to the district's website a plan
by school year of how such funds will be used to address student
performance and need, including but not limited to: (i) increasing grad-
uation rates and eliminating the achievement gap; (ii) reducing class
sizes; (iii) providing supports for students who are not meeting, or at
risk of not meeting, state learning standards in core academic subject
areas; (iv) addressing student social-emotional health; [and] (v)
providing adequate resources to English language learners, students with
disabilities; and students experiencing homelessness; (VI) GOALS AND
S. 8006--C 12 A. 9006--C
RATIOS FOR PUPIL SUPPORT; AND (VII) DETAILED SUMMARIES OF INVESTMENTS IN
CURRENT YEAR INITIATIVES AND BALANCE FUNDS SPENT IN PRIORITY AREAS.
Prior to posting such plan, each school district shall seek public
comment from parents, teachers and other stakeholders on the plan [and],
take such comments into account in the development of the plan, AND
INCLUDE AN ANALYSIS OF THE PUBLIC COMMENTS WITHIN THE PLAN. THE
DISTRICT SHALL SUBMIT SUCH PLAN TO THE STATE EDUCATION DEPARTMENT IN A
FORM PRESCRIBED BY THE DEPARTMENT, AND THE DEPARTMENT SHALL POST ALL OF
THE COLLECTED PLANS ON ITS WEBSITE.
§ 6. Section 3602 of the education law is amended by adding a new
subdivision 6-i to read as follows:
6-I. BUILDING AID AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY P-12 SCHOOLS: CLEAN GREEN SCHOOLS INITIATIVE. 1. FOR AID
PAYABLE IN THE SCHOOL YEARS TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWEN-
TY-THREE AND THEREAFTER, NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, THE APPORTIONMENT TO ANY DISTRICT UNDER SUBDIVISION SIX,
SIX-A, SIX-B, SIX-C, SIX-E, SIX-F, OR SIX-H OF THIS SECTION FOR CAPITAL
OUTLAYS FOR SCHOOL BUILDING PROJECTS FOR ENERGY EFFICIENCY SHALL NOT
EXCLUDE GRANTS AUTHORIZED PURSUANT TO THE NEW YORK STATE ENERGY RESEARCH
AND DEVELOPMENT AUTHORITY P-12 SCHOOLS: CLEAN GREEN SCHOOLS INITIATIVE
FROM AIDABLE EXPENDITURES, PROVIDED THAT THE SUM OF APPORTIONMENTS FOR
THESE PROJECTS CALCULATED PURSUANT TO SUBDIVISION SIX, SIX-A, SIX-B,
SIX-C, SIX-E, SIX-F, OR SIX-H OF THIS SECTION AND SUCH GRANTS SHALL NOT
EXCEED THE ACTUAL PROJECT EXPENDITURES.
2. THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL
PROVIDE A LIST OF ENERGY EFFICIENCY GRANTS AWARDED TO EACH SCHOOL
DISTRICT TO THE COMMISSIONER NO LATER THAN ONE MONTH PRIOR TO THE END OF
EACH CALENDAR YEAR AND EACH SCHOOL YEAR. THIS LIST SHALL INCLUDE THE
CAPITAL CONSTRUCTION PROJECT OR PROJECTS FUNDED BY THE GRANTS, THE AWARD
AMOUNTS OF EACH INDIVIDUAL PROJECT GRANT, THE DISTRICT RECEIVING SUCH
GRANTS, THE SCHOOLS RECEIVING SUCH GRANTS, THE DATE ON WHICH THE GRANT
WAS RECEIVED, AND ANY OTHER INFORMATION NECESSARY FOR THE CALCULATION OF
AID PURSUANT TO SUBDIVISION SIX, SIX-A, SIX-B, SIX-C, SIX-E, SIX-F, OR
SIX-H OF THIS SECTION.
§ 7. Paragraph a of subdivision 4 of section 3204 of the education law
is amended to read as follows:
a. A full time day school or class, except as otherwise prescribed,
shall be in session for not less than one hundred [ninety] EIGHTY days
each year, [inclusive] EXCLUSIVE of legal holidays that occur during the
term of said school and exclusive of Saturdays.
§ 8. Paragraph s of subdivision 1 of section 3602 of the education
law, as amended by section 11 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
s. "Extraordinary needs count" shall mean the sum of the product of
the [limited English proficiency] ENGLISH LANGUAGE LEARNER count multi-
plied by fifty percent, plus, the poverty count and the sparsity count.
§ 9. Subdivision 6 of section 3602 of the education law is amended by
adding a new paragraph k to read as follows:
K. FINAL COST REPORT PENALTIES. (1) ALL ACTS DONE AND PROCEEDINGS
HERETOFORE HAD AND TAKEN, OR CAUSED TO BE HAD AND TAKEN, BY SCHOOL
DISTRICTS AND BY ALL ITS OFFICERS OR AGENTS RELATING TO OR IN CONNECTION
WITH FINAL BUILDING COST REPORTS REQUIRED TO BE FILED WITH THE COMMIS-
SIONER FOR APPROVED BUILDING PROJECTS FOR WHICH A CERTIFICATE OF
SUBSTANTIAL COMPLETION WAS ISSUED ON OR AFTER APRIL FIRST, NINETEEN
HUNDRED NINETY-FIVE, AND WHERE A FINAL COST REPORT WAS NOT SUBMITTED BY
JUNE THIRTIETH OF THE SCHOOL YEAR IN WHICH THE CERTIFICATE OF SUBSTAN-
S. 8006--C 13 A. 9006--C
TIAL COMPLETION OF THE PROJECT WAS ISSUED BY THE ARCHITECT OR ENGINEER,
OR SIX MONTHS AFTER ISSUANCE OF SUCH CERTIFICATE, WHICHEVER WAS LATER,
AND ALL ACTS INCIDENTAL THERETO ARE HEREBY LEGALIZED, VALIDATED, RATI-
FIED AND CONFIRMED, NOTWITHSTANDING ANY FAILURE TO COMPLY WITH THE
APPROVAL AND FILING PROVISIONS OF THE EDUCATION LAW OR ANY OTHER LAW OR
ANY OTHER STATUTORY AUTHORITY, RULE OR REGULATION, IN RELATION TO ANY
OMISSION, ERROR, DEFECT, IRREGULARITY OR ILLEGALITY IN SUCH PROCEEDINGS
HAD AND TAKEN.
(2) THE COMMISSIONER IS HEREBY DIRECTED TO CONSIDER THE APPROVED COSTS
OF THE AFOREMENTIONED PROJECTS AS VALID AND PROPER OBLIGATIONS OF SUCH
SCHOOL DISTRICTS AND SHALL NOT RECOVER ON OR AFTER JULY FIRST, TWO THOU-
SAND THIRTEEN ANY PENALTY ARISING FROM THE LATE FILING OF A FINAL COST
REPORT, PROVIDED THAT ANY AMOUNTS ALREADY SO RECOVERED ON OR AFTER JULY
FIRST, TWO THOUSAND THIRTEEN SHALL BE DEEMED A PAYMENT OF MONEYS DUE
FOR PRIOR YEARS PURSUANT TO PARAGRAPH C OF SUBDIVISION FIVE OF SECTION
THIRTY-SIX HUNDRED FOUR OF THIS PART AND SHALL BE PAID TO THE APPROPRI-
ATE DISTRICT PURSUANT TO SUCH PROVISION, PROVIDED THAT:
(A) SUCH SCHOOL DISTRICT SUBMITTED THE LATE OR MISSING FINAL BUILDING
COST REPORT TO THE COMMISSIONER;
(B) SUCH COST REPORT IS APPROVED BY THE COMMISSIONER;
(C) ALL STATE FUNDS EXPENDED BY THE SCHOOL DISTRICT, AS DOCUMENTED IN
SUCH COST REPORT, WERE PROPERLY EXPENDED FOR SUCH BUILDING PROJECT IN
ACCORDANCE WITH THE TERMS AND CONDITIONS FOR SUCH PROJECT AS APPROVED BY
THE COMMISSIONER; AND
(D) THE FAILURE TO SUBMIT SUCH REPORT IN A TIMELY MANNER WAS AN INAD-
VERTENT ADMINISTRATIVE OR MINISTERIAL OVERSIGHT BY THE SCHOOL DISTRICT,
AND THERE IS NO EVIDENCE OF ANY FRAUDULENT OR OTHER IMPROPER INTENT BY
SUCH DISTRICT.
§ 10. Section 3625 of education law is amended by adding a new subdi-
vision 5 to read as follows:
5. TRANSPORTATION CONTRACT PENALTIES. A. ALL ACTS DONE AND PROCEEDINGS
HERETOFORE HAD AND TAKEN, OR CAUSED TO BE HAD AND TAKEN, BY SCHOOL
DISTRICTS AND BY ALL ITS OFFICERS OR AGENTS RELATING TO OR IN CONNECTION
WITH A TRANSPORTATION CONTRACT, TO BE FILED WITH THE DEPARTMENT, WHERE
SUCH CONTRACT WAS NOT TIMELY EXECUTED AND/OR FILED WITHIN ONE HUNDRED
TWENTY DAYS OF THE COMMENCEMENT OF SERVICE UNDER SUCH CONTRACT PURSUANT
TO SUBDIVISION TWO OF THIS SECTION AND/OR WHERE THE ADVERTISEMENT FOR
BIDS FOR SUCH CONTRACT DID NOT MEET THE REQUIREMENTS SET FORTH IN PARA-
GRAPH A OF SUBDIVISION FOURTEEN OF SECTION THREE HUNDRED FIVE OF THIS
CHAPTER, AND ALL ACTS INCIDENTAL HERETO ARE HEREBY LEGALIZED, VALIDATED,
RATIFIED AND CONFIRMED, NOTWITHSTANDING ANY FAILURE TO COMPLY WITH SUCH
FILING AND/OR ADVERTISING PROVISION OR PROVISIONS, PROVIDED THAT THE
CONDITIONS IN SUBPARAGRAPHS ONE, TWO, THREE, AND FOUR OF PARAGRAPH B OF
THIS SUBDIVISION ARE MET.
B. THE DEPARTMENT IS HEREBY DIRECTED TO CONSIDER THE AFOREMENTIONED
CONTRACTS FOR TRANSPORTATION AID AS VALID AND PROPER OBLIGATIONS AND
SHALL NOT RECOVER FROM SUCH SCHOOL DISTRICTS ANY PENALTY ARISING FROM
THE FAILURE TO EXECUTE AND/OR FILE A TRANSPORTATION CONTRACT IN A TIMELY
MANNER AND/OR MEET SUCH ADVERTISEMENT REQUIREMENTS, PROVIDED THAT ANY
AMOUNTS ALREADY SO RECOVERED SHALL BE DEEMED A PAYMENT OF MONEYS DUE FOR
PRIOR YEARS PURSUANT TO PARAGRAPH C OF SUBDIVISION FIVE OF SECTION THIR-
TY-SIX HUNDRED FOUR OF THIS ARTICLE AND SHALL BE PAID TO THE SCHOOL
DISTRICT PURSUANT TO SUCH PROVISION, PROVIDED THAT:
(1) SUCH SCHOOL DISTRICT SUBMITTED THE CONTRACT TO THE COMMISSIONER
AND SUCH CONTRACT IS FOR SERVICES IN THE TWO THOUSAND TWELVE--TWO THOU-
SAND THIRTEEN SCHOOL YEAR OR THEREAFTER;
S. 8006--C 14 A. 9006--C
(2) SUCH CONTRACT IS APPROVED BY THE COMMISSIONER;
(3) ALL STATE FUNDS EXPENDED BY THE SCHOOL DISTRICT WERE PROPERLY
EXPENDED FOR SUCH TRANSPORTATION AS APPROVED BY THE COMMISSIONER; AND
(4) THE FAILURE TO EXECUTE OR FILE SUCH CONTRACT IN A TIMELY MANNER
AND/OR MEET SUCH ADVERTISEMENT REQUIREMENTS WAS AN INADVERTENT ADMINIS-
TRATIVE OR MINISTERIAL OVERSIGHT BY THE SCHOOL DISTRICT OR DUE TO EXTEN-
UATING CIRCUMSTANCES, AND THERE IS NO EVIDENCE OF ANY FRAUDULENT OR
OTHER IMPROPER INTENT BY SUCH DISTRICT, AS DETERMINED BY THE COMMISSION-
ER.
§ 11. Subdivision 2 of section 3625 of the education law, as amended
by chapter 474 of the laws of 1996, is amended to read as follows:
2. Filing of transportation contracts. Every transportation contract
shall be filed with the department within one hundred twenty days of the
commencement of service under such contract. No transportation expense
shall be allowed for a period greater than one hundred twenty days prior
to the filing of any contract for the transportation of pupils with the
education department. No contract shall be considered filed unless it
bears an original signature, IN THE CASE OF A WRITTEN DOCUMENT, OR A
CERTIFICATION, IN THE CASE OF AN APPROVED ELECTRONIC FORM, of the super-
intendent of a school district or the designee of the superintendent and
the sole trustee or president of the board of education of the school
district. The final approval of any such contract by the commissioner
shall not, however, obligate the state to allow transportation expense
in an amount greater than the amount that would be allowed under the
provisions of this part. The state, acting through the department of
audit and control, may examine any and all accounts of the contractor in
connection with a contract for the transportation of pupils, and every
such contract shall contain the following provision: "The contractor
hereby consents to an audit of any and all financial records relating to
this contract by the department of audit and control."
§ 11-a. Subdivision 1 of section 3625 of the education law, as amended
by section 47 of part L of chapter 405 of the laws of 1999, is amended
to read as follows:
1. Form of transportation contracts. Every contract for transportation
of school children shall be in writing OR IN AN ELECTRONIC FORM APPROVED
BY THE COMMISSIONER WHEN AVAILABLE, and before such contract is filed
with the department as required by subdivision two of this section, the
same shall be submitted for approval to the superintendent of schools of
said district and such contract shall not be approved and filed by such
superintendent unless he or she shall first investigate the same with
particular reference to the type of conveyance, the character and abili-
ty of the driver, the routes over which the conveyances shall travel,
the time schedule, and such other matters as in the judgement of the
superintendent are necessary for the comfort and protection of the chil-
dren while being transported to and from school. Every such contract for
transportation of children shall contain an agreement upon the part of
the contractor that the vehicle shall come to a full stop before cross-
ing the track or tracks of any railroad and before crossing any state
highway.
§ 11-b. Subdivision 4 of section 3627 of the education law, as amended
by section 14-f of part A of chapter 56 of the laws of 2020, is amended
to read as follows:
4. Notwithstanding any other provision of law to the contrary, any
expenditures for transportation provided pursuant to this section in the
two thousand thirteen--two thousand fourteen school year and thereafter
and otherwise eligible for transportation aid pursuant to subdivision
S. 8006--C 15 A. 9006--C
seven of section thirty-six hundred two of this article shall be consid-
ered approved transportation expenses eligible for transportation aid,
provided further that for the two thousand thirteen--two thousand four-
teen school year such aid shall be limited to eight million one hundred
thousand dollars and for the two thousand fourteen--two thousand fifteen
school year such aid shall be limited to the sum of twelve million six
hundred thousand dollars plus the base amount and for the two thousand
fifteen--two thousand sixteen school year through two thousand eigh-
teen--two thousand nineteen school year such aid shall be limited to the
sum of eighteen million eight hundred fifty thousand dollars plus the
base amount[,] and for the two thousand nineteen--two thousand twenty
school year such aid shall be limited to the sum of nineteen million
three hundred fifty thousand dollars plus the base amount[,] and for the
two thousand twenty--two thousand twenty-one school year [and thereaft-
er] such aid shall be limited to the sum of nineteen million eight
hundred fifty thousand dollars plus the base amount AND FOR THE TWO
THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFT-
ER SUCH AID SHALL BE LIMITED TO THE SUM OF TWENTY-TWO MILLION THREE
HUNDRED FIFTY THOUSAND DOLLARS PLUS THE BASE AMOUNT. For purposes of
this subdivision, "base amount" means the amount of transportation aid
paid to the school district for expenditures incurred in the two thou-
sand twelve--two thousand thirteen school year for transportation that
would have been eligible for aid pursuant to this section had this
section been in effect in such school year, except that subdivision six
of this section shall be deemed not to have been in effect. And provided
further that the school district shall continue to annually expend for
the transportation described in subdivision one of this section at least
the expenditures used for the base amount.
§ 12. Intentionally omitted.
§ 13. Intentionally omitted.
§ 14. The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 12-b of part A of chapter 56 of the
laws of 2021, is amended to read as follows:
For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the product of
fifteen percent and the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand eight school
year. For the two thousand nine--two thousand ten through two thousand
[twenty-one] TWENTY-TWO--two thousand [twenty-two] TWENTY-THREE school
years, each school district shall be entitled to an apportionment equal
to the amount set forth for such school district as "SUPPLEMENTAL PUB
EXCESS COST" under the heading "2008-09 BASE YEAR AIDS" in the school
aid computer listing produced by the commissioner in support of the
budget for the two thousand nine--two thousand ten school year and enti-
tled "SA0910".
§ 15. Subdivision 12 of section 3602 of the education law, as amended
by section 13-a of part A of chapter 56 of the laws of 2021, is amended
to read as follows:
12. Academic enhancement aid. A. A school district that as of April
first of the base year has been continuously identified as a district in
need of improvement for at least five years shall, for the two thousand
eight--two thousand nine school year, be entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the total foundation aid
base, as defined by paragraph j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
S. 8006--C 16 A. 9006--C
the sum of the total foundation aid apportioned pursuant to subdivision
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six hundred
forty-one of this article, less (ii) the total foundation aid base.
B. For the two thousand nine--two thousand ten through two thousand
fourteen--two thousand fifteen school years, each school district shall
be entitled to an apportionment equal to the amount set forth for such
school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading
"2008-09 BASE YEAR AIDS" in the school aid computer listing produced by
the commissioner in support of the budget for the two thousand nine--two
thousand ten school year and entitled "SA0910", and such apportionment
shall be deemed to satisfy the state obligation to provide an apportion-
ment pursuant to subdivision eight of section thirty-six hundred forty-
one of this article.
C. For the two thousand fifteen--two thousand sixteen year, each
school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "ACADEMIC ENHANCEMENT"
under the heading "2014-15 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand fourteen--two thousand fifteen school year and entitled
"SA141-5", and such apportionment shall be deemed to satisfy the state
obligation to provide an apportionment pursuant to subdivision eight of
section thirty-six hundred forty-one of this article.
D. For the two thousand sixteen--two thousand seventeen school year,
each school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "ACADEMIC ENHANCEMENT"
under the heading "2015-16 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand fifteen--two thousand sixteen school year and entitled
"SA151-6", and such apportionment shall be deemed to satisfy the state
obligation to provide an apportionment pursuant to subdivision eight of
section thirty-six hundred forty-one of this article.
E. For the two thousand seventeen--two thousand eighteen school year,
each school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "ACADEMIC ENHANCEMENT"
under the heading "2016-17 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand sixteen--two thousand seventeen school year and entitled
"SA161-7", and such apportionment shall be deemed to satisfy the state
obligation to provide an apportionment pursuant to subdivision eight of
section thirty-six hundred forty-one of this article.
F. For the two thousand eighteen--two thousand nineteen school year,
each school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "ACADEMIC ENHANCEMENT"
under the heading "2017-18 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand seventeen--two thousand eighteen school year and entitled
"SA171-8", and such apportionment shall be deemed to satisfy the state
obligation to provide an apportionment pursuant to subdivision eight of
section thirty-six hundred forty-one of this article.
G. For the two thousand nineteen--two thousand twenty school year,
each school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "ACADEMIC ENHANCEMENT"
under the heading "2018-19 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand eighteen--two thousand nineteen school year and entitled
S. 8006--C 17 A. 9006--C
"SA181-9", and such apportionment shall be deemed to satisfy the state
obligation to provide an apportionment pursuant to subdivision eight of
section thirty-six hundred forty-one of this article.
H. For the two thousand twenty--two thousand twenty-one school year,
each school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "ACADEMIC ENHANCEMENT"
under the heading "2019-20 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand nineteen--two thousand twenty school year and entitled
"SA192-0", and such apportionment shall be deemed to satisfy the state
obligation to provide an apportionment pursuant to subdivision eight of
section thirty-six hundred forty-one of this article.
I. For the two thousand twenty-one--two thousand twenty-two school
year AND THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL
YEAR, each school district shall be entitled to an apportionment equal
to the amount set forth for such school district as "ACADEMIC ENHANCE-
MENT" under the heading "2020-21 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the budget
for the two thousand twenty--two thousand twenty-one school year and
entitled "SA202-1", and such apportionment shall be deemed to satisfy
the state obligation to provide an apportionment pursuant to subdivision
eight of section thirty-six hundred forty-one of this article.
§ 16. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 14-a of part A of chapter 56 of the
laws of 2021, is amended to read as follows:
Each school district shall be eligible to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment received
by the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year, multiplied by the due-minimum
factor, which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b of subdivision three of this
section that is less than two, seventy percent (0.70), and for all other
districts, fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the two thousand nine--two
thousand ten through two thousand twelve--two thousand thirteen school
years in the amount set forth for such school district as "HIGH TAX AID"
under the heading "2008-09 BASE YEAR AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and entitled "SA0910".
Each school district shall be eligible to receive a high tax aid appor-
tionment in the two thousand thirteen--two thousand fourteen through two
thousand [twenty-one] TWENTY-TWO--two thousand [twenty-two] TWENTY-THREE
school years equal to the greater of (1) the amount set forth for such
school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR
AIDS" in the school aid computer listing produced by the commissioner in
support of the budget for the two thousand nine--two thousand ten school
year and entitled "SA0910" or (2) the amount set forth for such school
district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in
the school aid computer listing produced by the commissioner in support
of the executive budget for the 2013-14 fiscal year and entitled
"BT131-4".
S. 8006--C 18 A. 9006--C
§ 17. Subdivision 16 of section 3602-ee of the education law, as
amended by section 23 of part A of chapter 56 of the laws of 2021, is
amended to read as follows:
16. The authority of the department to administer the universal full-
day pre-kindergarten program shall expire June thirtieth, two thousand
[twenty-two] TWENTY-THREE; provided that the program shall continue and
remain in full effect.
§ 17-a. Paragraph (c) of subdivision 8 of section 3602-ee of the
education law, as amended by section 31-a of part YYY of chapter 59 of
the laws of 2017, subparagraph (ii) as amended by section 23-b of part A
of chapter 56 of the laws of 2021, is amended to read as follows:
(c) [(i)] for eligible agencies as defined in paragraph b of subdivi-
sion one of section thirty-six hundred two-e of this part that are not
schools, a bachelor's degree in early childhood education [or a related
field and a written plan to obtain a certification valid for service in
the early childhood grades as follows:]. PROVIDED HOWEVER, BEGINNING
WITH THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR,
A SCHOOL DISTRICT MAY ANNUALLY APPLY TO THE COMMISSIONER BY AUGUST FIRST
OF THE CURRENT SCHOOL YEAR FOR A WAIVER THAT WOULD ALLOW PERSONNEL
EMPLOYED BY AN ELIGIBLE AGENCY THAT IS COLLABORATING WITH A SCHOOL
DISTRICT TO PROVIDE PREKINDERGARTEN SERVICES AND LICENSED BY AN AGENCY
OTHER THAN THE DEPARTMENT, TO MEET THE STAFF QUALIFICATIONS PRESCRIBED
BY THE LICENSING OR REGISTERING AGENCY. PROVIDED FURTHER THAT THE
COMMISSIONER SHALL ANNUALLY SUBMIT A REPORT BY SEPTEMBER FIRST TO THE
CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIRPERSON OF
THE SENATE FINANCE COMMITTEE AND THE DIRECTOR OF THE BUDGET WHICH SHALL
INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING: (A) A LISTING OF THE SCHOOL
DISTRICTS RECEIVING A WAIVER PURSUANT TO THIS PARAGRAPH FROM THE COMMIS-
SIONER FOR THE CURRENT SCHOOL YEAR; (B) THE NUMBER AND PROPORTION OF
STUDENTS WITHIN EACH DISTRICT RECEIVING A WAIVER PURSUANT TO THIS PARA-
GRAPH FOR THE CURRENT SCHOOL YEAR THAT ARE RECEIVING INSTRUCTION FROM
PERSONNEL EMPLOYED BY AN ELIGIBLE AGENCY THAT IS COLLABORATING WITH A
SCHOOL DISTRICT TO PROVIDE PREKINDERGARTEN SERVICES AND LICENSED BY AN
AGENCY OTHER THAN THE DEPARTMENT; AND (C) THE NUMBER AND PROPORTION OF
TOTAL PREKINDERGARTEN PERSONNEL FOR EACH SCHOOL DISTRICT THAT ARE
PROVIDING INSTRUCTIONAL SERVICES PURSUANT TO THIS PARAGRAPH THAT ARE
EMPLOYED BY AN ELIGIBLE AGENCY THAT IS COLLABORATING WITH A SCHOOL
DISTRICT TO PROVIDE PREKINDERGARTEN SERVICES AND LICENSED BY AN AGENCY
OTHER THAN THE DEPARTMENT, TO MEET THE STAFF QUALIFICATIONS PRESCRIBED
BY THE LICENSING OR REGISTERING AGENCY.
[(1) for teachers hired on or after the effective date of this section
as the teacher for a universal full-day pre-kindergarten classroom,
within three years after commencing employment, at which time such
certification shall be required for employment; and
(2) for teachers hired by such provider prior to the effective date of
this section for other early childhood care and education programs, no
later than June thirtieth, two thousand seventeen, at which time such
certification shall be required for employment.
(ii) Provided that, notwithstanding any provisions of this paragraph
to the contrary, for the two thousand seventeen-two thousand eighteen
through the two thousand twenty-one--two thousand twenty-two school
years an exemption to the certification requirement of subparagraph (i)
of this paragraph may be made for a teacher without certification valid
for service in the early childhood grades who possesses a written plan
to obtain certification and who has registered in the ASPIRE workforce
registry as required under regulations of the commissioner of the office
S. 8006--C 19 A. 9006--C
of children and family services. Notwithstanding any exemption provided
by this subparagraph, certification shall be required for employment no
later than June thirtieth, two thousand twenty-two; provided that for
the two thousand twenty-one--two thousand twenty-two school year, school
districts with teachers seeking an exemption to the certification
requirement of subparagraph (i) of this paragraph shall submit a report
to the commissioner regarding (A) the barriers to certification, if any,
(B) the number of uncertified teachers registered in the ASPIRE work-
force registry teaching pre-kindergarten in the district, including
those employed by a community-based organization, (C) the number of
previously uncertified teachers who have completed certification as
required by this subdivision, and (D) the expected certification
completion date of such teachers.]
§ 17-b. Paragraph d of subdivision 12 of section 3602-e of the educa-
tion law, as amended by section 19 of part B of chapter 57 of the laws
of 2007, is amended to read as follows:
d. transitional guidelines and rules which allow a program to meet the
required staff qualifications and any other requirements set forth
pursuant to this section and regulations adopted by the board of regents
and the commissioner; PROVIDED THAT SUCH GUIDELINES INCLUDE AN ANNUAL
PROCESS BY WHICH A DISTRICT MAY APPLY TO THE COMMISSIONER BY AUGUST
FIRST OF THE CURRENT SCHOOL YEAR FOR A WAIVER THAT WOULD ALLOW PERSONNEL
EMPLOYED BY AN ELIGIBLE AGENCY THAT IS COLLABORATING WITH A SCHOOL
DISTRICT TO PROVIDE PREKINDERGARTEN SERVICES AND LICENSED BY AN AGENCY
OTHER THAN THE DEPARTMENT, TO MEET THE STAFF QUALIFICATIONS PRESCRIBED
BY THE LICENSING OR REGISTERING AGENCY. PROVIDED, FURTHER, THAT THE
COMMISSIONER SHALL ANNUALLY SUBMIT A REPORT BY SEPTEMBER FIRST TO THE
CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIRPERSON OF
THE SENATE FINANCE COMMITTEE AND THE DIRECTOR OF THE BUDGET WHICH SHALL
INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING: (A) A LISTING OF THE SCHOOL
DISTRICTS RECEIVING A WAIVER PURSUANT TO THIS PARAGRAPH FROM THE COMMIS-
SIONER FOR THE CURRENT SCHOOL YEAR; (B) THE NUMBER AND PROPORTION OF
STUDENTS WITHIN EACH DISTRICT RECEIVING A WAIVER PURSUANT TO THIS PARA-
GRAPH FOR THE CURRENT SCHOOL YEAR THAT ARE RECEIVING INSTRUCTION FROM
PERSONNEL EMPLOYED BY AN ELIGIBLE AGENCY THAT IS COLLABORATING WITH A
SCHOOL DISTRICT TO PROVIDE PREKINDERGARTEN SERVICES AND LICENSED BY AN
AGENCY OTHER THAN THE DEPARTMENT; AND (C) THE NUMBER AND PROPORTION OF
TOTAL PREKINDERGARTEN PERSONNEL FOR EACH SCHOOL DISTRICT THAT ARE
PROVIDING INSTRUCTIONAL SERVICES PURSUANT TO THIS PARAGRAPH THAT ARE
EMPLOYED BY AN ELIGIBLE AGENCY THAT IS COLLABORATING WITH A SCHOOL
DISTRICT TO PROVIDE PREKINDERGARTEN SERVICES AND LICENSED BY AN AGENCY
OTHER THAN THE DEPARTMENT, TO MEET THE STAFF QUALIFICATIONS PRESCRIBED
BY THE LICENSING OR REGISTERING AGENCY.
§ 17-c. Subparagraph (viii) of the opening paragraph of subdivision 10
of section 3602-e of the education law, as amended by section 23-c of
part A of chapter 56 of the laws of 2021, is amended and a new subpara-
graph (ix) is added to read as follows:
(viii) for the two thousand twenty-one--two thousand twenty-two school
year [and thereafter], each school district shall be eligible to receive
a grant amount equal to the sum of (A) the amount set forth for such
school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput-
er file produced by the commissioner in support of the enacted budget
for the prior year excluding amounts subject to section thirty-six
hundred two-ee of this part and further excluding amounts paid pursuant
to subdivision nineteen of this section plus (B) the Full-day 4-Year-Old
Universal Prekindergarten Expansion added pursuant to paragraph e of
S. 8006--C 20 A. 9006--C
subdivision nineteen of this section, provided that such school district
has met all requirements pursuant to this section and such grants shall
be added into a four-year-old grant amount based on the amount each
district was eligible to receive in the base year to serve four-year-old
prekindergarten pupils[, plus (C) the amount awarded to such school
district, subject to an available appropriation, through the prekinder-
garten expansion grant for the prior year, provided that such school
district has met all requirements pursuant to this section and for
purposes of calculating the maintenance of effort reduction in subdivi-
sion eleven of this section that such grant amounts shall be divided
into a four-year-old grant amount based on the amount each district was
eligible to receive in the base year to serve four-year-old prekinder-
garten pupils and a three-year-old grant amount based on the amount each
district was eligible to receive in the base year to serve three-year-
old pupils], and provided further that the maximum grant shall not
exceed the total actual grant expenditures incurred by the school
district in the current school year as approved by the commissioner[.],
AND
(IX) FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL
YEAR AND THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A
GRANT AMOUNT EQUAL TO THE SUM OF (A) THE AMOUNT SET FORTH FOR SUCH
SCHOOL DISTRICT AS "UNIVERSAL PREKINDERGARTEN ALLOCATION" ON THE COMPUT-
ER FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET
FOR THE PRIOR YEAR EXCLUDING AMOUNTS SUBJECT TO SECTION THIRTY-SIX
HUNDRED TWO-EE OF THIS PART AND FURTHER EXCLUDING AMOUNTS PAID PURSUANT
TO SUBDIVISION NINETEEN OF THIS SECTION PLUS (B) THE FULL-DAY 4-YEAR-OLD
UNIVERSAL PREKINDERGARTEN EXPANSION ADDED PURSUANT TO PARAGRAPH E OF
SUBDIVISION NINETEEN OF THIS SECTION, PROVIDED THAT SUCH SCHOOL DISTRICT
HAS MET ALL REQUIREMENTS PURSUANT TO THIS SECTION AND SUCH GRANTS SHALL
BE ADDED INTO A FOUR-YEAR-OLD GRANT AMOUNT BASED ON THE AMOUNT EACH
DISTRICT WAS ELIGIBLE TO RECEIVE IN THE BASE YEAR TO SERVE FOUR-YEAR-OLD
PREKINDERGARTEN PUPILS, PLUS (C) FUNDS ALLOCATED PURSUANT TO A UNIVERSAL
PREKINDERGARTEN EXPANSION UNDER SUBDIVISION TWENTY OF THIS SECTION AS OF
THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT
OF THE ENACTED BUDGET FOR THE CURRENT YEAR, PROVIDED THAT SUCH GRANT
AMOUNTS SHALL BE DIVIDED INTO A FOUR-YEAR-OLD GRANT AMOUNT BASED ON THE
AMOUNT EACH DISTRICT WAS ELIGIBLE TO RECEIVE IN THE BASE YEAR TO SERVE
FOUR-YEAR-OLD PREKINDERGARTEN PUPILS, IF ANY, AND A THREE-YEAR-OLD GRANT
AMOUNT BASED ON THE AMOUNT EACH DISTRICT WAS ELIGIBLE TO RECEIVE IN THE
BASE YEAR TO SERVE THREE-YEAR-OLD PUPILS, IF ANY, AND PROVIDED FURTHER
THAT THE MAXIMUM GRANT SHALL NOT EXCEED THE TOTAL ACTUAL GRANT EXPENDI-
TURES INCURRED BY THE SCHOOL DISTRICT IN THE CURRENT SCHOOL YEAR AS
APPROVED BY THE COMMISSIONER.
§ 17-d. Subparagraph (ii) of paragraph b of subdivision 10 of section
3602-e of the education law, as amended by section 23-c of part A of
chapter 56 of the laws of 2021, is amended to read as follows:
(ii) (1) "Eligible Full-day four-year-old prekindergarten pupils"
shall equal:
For the two thousand seventeen--two thousand eighteen school year the
sum of, from the priority full-day prekindergarten program, (A) the
maximum aidable pupils such district was eligible to serve in the base
year plus (B) the maximum aidable number of half-day prekindergarten
pupils converted into a full-day prekindergarten pupil in the base year;
For the two thousand eighteen--two thousand nineteen school year the
sum of, from the programs pursuant to this section, (A) the maximum
aidable full-day prekindergarten pupils such district was eligible to
S. 8006--C 21 A. 9006--C
serve in the base year plus (B) the maximum aidable number of half-day
prekindergarten pupils converted into full-day prekindergarten pupils in
the base year;
For the two thousand nineteen--two thousand twenty school year the sum
of, from each of (A) the programs pursuant to this section, (B) the
federal preschool development expansion grant, (C) the expanded prekin-
dergarten program, (D) the expanded prekindergarten program for three-
and four-year-olds, and (E) the prekindergarten expansion grant, (1) the
maximum aidable full-day four-year-old prekindergarten pupils such
district was eligible to serve in the base year, plus (2) the maximum
aidable number of half-day four-year-old prekindergarten pupils
converted into full-day prekindergarten pupils in the base year;
For the two thousand twenty--two thousand twenty-one school year the
sum of, from each of (A) the programs pursuant to this section and (B)
the pre-kindergarten expansion grant, (1) the maximum aidable full-day
four-year-old prekindergarten pupils such district was eligible to serve
in the base year, plus (2) the maximum aidable number of half-day four-
year-old prekindergarten pupils converted into full-day prekindergarten
pupils in the base year;
For the two thousand twenty-one--two thousand twenty-two school year
[and thereafter], the sum of, from the programs pursuant to this subdi-
vision, (1) the maximum aidable full-day four-year-old prekindergarten
pupils such district was eligible to serve in the base year, plus (2)
the maximum aidable number of half-day four-year-old prekindergarten
pupils converted into full-day prekindergarten pupils in the base year,
plus (3) expansion slots added pursuant to paragraph e of subdivision
nineteen of this section.
FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR
AND THEREAFTER, THE SUM OF, FROM THE PROGRAMS PURSUANT TO THIS SUBDIVI-
SION, (1) THE MAXIMUM AIDABLE FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN
PUPILS SUCH DISTRICT WAS ELIGIBLE TO SERVE IN THE BASE YEAR, PLUS (2)
THE MAXIMUM AIDABLE NUMBER OF HALF-DAY FOUR-YEAR-OLD PREKINDERGARTEN
PUPILS CONVERTED INTO FULL-DAY PREKINDERGARTEN PUPILS IN THE BASE YEAR,
PLUS (3) EXPANSION SLOTS CALCULATED PURSUANT TO SUBDIVISION TWENTY OF
THIS SECTION.
§ 17-e. Section 3602-e of the education law is amended by adding a new
subdivision 20 to read as follows:
20. UNIVERSAL PREKINDERGARTEN EXPANSIONS.
A. TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR.
(I) THE UNIVERSAL PREKINDERGARTEN EXPANSION FOR THE TWO THOUSAND TWEN-
TY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR SHALL BE EQUAL TO TWICE
THE PRODUCT OF (1) EXPANSION SLOTS MULTIPLIED BY (2) SELECTED AID PER
PREKINDERGARTEN PUPIL CALCULATED PURSUANT TO SUBPARAGRAPH (I) OF PARA-
GRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND TWENTY-
TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR.
(II) FOR PURPOSES OF THIS PARAGRAPH, "EXPANSION SLOTS" SHALL BE SLOTS
FOR NEW FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS FOR PURPOSES OF
SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION 10 OF THIS SECTION.
EXPANSION SLOTS SHALL BE EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF
(1) THE PRODUCT OF FIFTY-NINE HUNDRED AND NINETEEN TEN THOUSANDTHS
(0.5919) MULTIPLIED BY UNSERVED FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS
DEFINED IN SUBPARAGRAPH (IV) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS
SECTION LESS (2) THE ELIGIBLE FOUR-YEAR OLD STUDENTS. IF SUCH EXPANSION
SLOTS ARE GREATER THAN OR EQUAL TO TEN BUT LESS THAN TWENTY, THE EXPAN-
SION SLOTS SHALL BE TWENTY; IF SUCH EXPANSION SLOTS ARE LESS THAN TEN,
THE EXPANSION SLOTS SHALL BE ZERO; AND FOR A CITY SCHOOL DISTRICT IN A
S. 8006--C 22 A. 9006--C
CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE EXPANSION SLOTS
SHALL BE ZERO.
(III) FOR PURPOSES OF THIS PARAGRAPH, "ELIGIBLE FOUR-YEAR OLD
STUDENTS" SHALL BE EQUAL TO THE SUM OF (1) ELIGIBLE FULL-DAY FOUR-YEAR-
OLD PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH
B OF SUBDIVISION TEN OF THIS SECTION FOR THE BASE YEAR PLUS (2) THE
PRODUCT OF FIVE TENTHS (0.5) AND THE ELIGIBLE HALF-DAY FOUR-YEAR-OLD
PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH B OF
SUBDIVISION TEN OF THIS SECTION FOR THE BASE YEAR, PLUS (3) THE MAXIMUM
NUMBER OF STUDENTS THAT MAY BE SERVED BY UNCERTIFIED CLASSROOM TEACHERS
IN FULL-DAY PREKINDERGARTEN PROGRAMS FUNDED BY GRANTS PURSUANT TO
SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS PART IN THE BASE YEAR, PLUS
(4) EXPANSION SLOTS FOR THE BASE YEAR PURSUANT TO SUBDIVISION NINETEEN
OF THIS SECTION.
§ 18. Intentionally omitted.
§ 19. The opening paragraph of section 3609-a of the education law, as
amended by section 26 of part A of chapter 56 of the laws of 2021, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand [twenty-one] TWENTY-TWO--two thousand
[twenty-two] TWENTY-THREE school year, "moneys apportioned" shall mean
the lesser of (i) the sum of one hundred percent of the respective
amount set forth for each school district as payable pursuant to this
section in the school aid computer listing for the current year produced
by the commissioner in support of the budget which includes the appro-
priation for the general support for public schools for the prescribed
payments and individualized payments due prior to April first for the
current year plus the apportionment payable during the current school
year pursuant to subdivision six-a and subdivision fifteen of section
thirty-six hundred two of this part minus any reductions to current year
aids pursuant to subdivision seven of section thirty-six hundred four of
this part or any deduction from apportionment payable pursuant to this
chapter for collection of a school district basic contribution as
defined in subdivision eight of section forty-four hundred one of this
chapter, less any grants provided pursuant to subparagraph two-a of
paragraph b of subdivision four of section ninety-two-c of the state
finance law, less any grants provided pursuant to subdivision five of
section ninety-seven-nnnn of the state finance law, less any grants
provided pursuant to subdivision twelve of section thirty-six hundred
forty-one of this article, or (ii) the apportionment calculated by the
commissioner based on data on file at the time the payment is processed;
provided however, that for the purposes of any payments made pursuant to
this section prior to the first business day of June of the current
year, moneys apportioned shall not include any aids payable pursuant to
subdivisions six and fourteen, if applicable, of section thirty-six
hundred two of this part as current year aid for debt service on bond
anticipation notes and/or bonds first issued in the current year or any
aids payable for full-day kindergarten for the current year pursuant to
subdivision nine of section thirty-six hundred two of this part. The
definitions of "base year" and "current year" as set forth in subdivi-
sion one of section thirty-six hundred two of this part shall apply to
this section. For aid payable in the two thousand [twenty-one] TWENTY-
TWO--two thousand [twenty-two] TWENTY-THREE school year, reference to
such "school aid computer listing for the current year" shall mean the
printouts entitled ["SA212-2"] "SA222-3".
S. 8006--C 23 A. 9006--C
§ 19-a. Paragraph k of subdivision 4 of section 4405 of the education
law, as added by section 37-f of part A of chapter 56 of the laws of
2021, is amended to read as follows:
k. (I) The tuition methodology established pursuant to this subdivi-
sion for the two thousand twenty-one--two thousand twenty-two school
year [and annually thereafter] shall authorize approved private residen-
tial or non-residential schools for the education of students with disa-
bilities that are located within the state, and special act school
districts to retain funds in excess of their allowable and reimbursable
costs incurred for services and programs provided to school-age
students. The amount of funds that may be annually retained shall not
exceed one percent of the school's or school district's total allowable
and reimbursable costs for services and programs provided to school-age
students for the school year from which the funds are to be retained;
provided that the total accumulated balance that may be retained shall
not exceed four percent of such total costs for such school year; and
provided further that such funds shall not be recoverable on reconcil-
iation of tuition rates, and shall be separate from and in addition to
any other authorization to retain surplus funds on reconciliation.
(II) THE TUITION METHODOLOGY ESTABLISHED PURSUANT TO THIS SUBDIVISION
FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR
AND ANNUALLY THEREAFTER SHALL AUTHORIZE APPROVED PROVIDERS TO RETAIN
FUNDS IN EXCESS OF THEIR ALLOWABLE AND REIMBURSABLE COSTS INCURRED FOR
SERVICES AND PROGRAMS PROVIDED TO SCHOOL-AGE AND PRESCHOOL STUDENTS. THE
AMOUNT OF FUNDS THAT MAY BE ANNUALLY RETAINED SHALL NOT EXCEED THE
ALLOWABLE SURPLUS PERCENTAGE OF THE APPROVED PROVIDER'S TOTAL ALLOWABLE
AND REIMBURSABLE COSTS FOR SERVICES AND PROGRAMS PROVIDED TO SCHOOL-AGE
AND PRESCHOOL STUDENTS FOR THE SCHOOL YEAR FROM WHICH THE FUNDS ARE TO
BE RETAINED, AS DEFINED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH;
PROVIDED THAT SUCH FUNDS SHALL NOT BE RECOVERABLE ON RECONCILIATION OF
TUITION RATES. FOR PURPOSES OF THIS SUBPARAGRAPH, "APPROVED PROVIDERS"
SHALL MEAN PRIVATE RESIDENTIAL OR NON-RESIDENTIAL SCHOOLS FOR THE EDUCA-
TION OF STUDENTS WITH DISABILITIES THAT ARE LOCATED WITHIN THE STATE,
SPECIAL ACT SCHOOL DISTRICTS, AND PROGRAMS APPROVED PURSUANT TO SECTION
FORTY-FOUR HUNDRED TEN OF THIS ARTICLE THAT ARE SUBJECT TO TUITION RATE
RECONCILIATION.
(III) THE APPROVED SURPLUS PERCENTAGE SHALL BE AS FOLLOWS: ELEVEN
PERCENT FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE
THROUGH TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEARS,
EIGHT PERCENT FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX
SCHOOL YEAR, FIVE PERCENT FOR THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND
TWENTY-SEVEN SCHOOL YEAR, AND TWO PERCENT FOR THE TWO THOUSAND TWENTY-
SEVEN--TWO THOUSAND TWENTY-EIGHT SCHOOL YEAR AND ANNUALLY THEREAFTER.
(IV) Funds AUTHORIZED TO BE RETAINED UNDER THIS PARAGRAPH may be
expended only pursuant to an authorization of the governing board of the
school [or], school district OR PROGRAM APPROVED PURSUANT TO SECTION
FORTY-FOUR HUNDRED TEN OF THIS ARTICLE, for a purpose expressly author-
ized as part of the approved tuition methodology for the year in which
the funds are to be expended, provided that funds may be expended to pay
prior year outstanding debts. Any school [or], school district, OR
PROGRAM APPROVED PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF THIS
ARTICLE that retains funds pursuant to this paragraph shall be required
to annually report a statement of the total balance of any such retained
funds, the amount, if any, retained in the prior school year, the
amount, if any, dispersed in the prior school year, and any additional
S. 8006--C 24 A. 9006--C
information requested by the department as part of the financial reports
that are required to be annually submitted to the department.
§ 20. Subdivision b of section 2 of chapter 756 of the laws of 1992,
relating to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by section
39 of part A of chapter 56 of the laws of 2021, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section for the reimbursement for the 2018--2019 school year
shall not exceed 59.4 percent of the lesser of such approvable costs per
contact hour or fourteen dollars and ninety-five cents per contact hour,
reimbursement for the 2019--2020 school year shall not exceed 57.7
percent of the lesser of such approvable costs per contact hour or
fifteen dollars sixty cents per contact hour, reimbursement for the
2020--2021 school year shall not exceed 56.9 percent of the lesser of
such approvable costs per contact hour or sixteen dollars and twenty-
five cents per contact hour, [and] reimbursement for the 2021--2022
school year shall not exceed 56.0 percent of the lesser of such approva-
ble costs per contact hour or sixteen dollars and forty cents per
contact hour, AND REIMBURSEMENT FOR THE 2022--2023 SCHOOL YEAR SHALL NOT
EXCEED 55.7 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT
HOUR OR SIXTEEN DOLLARS AND SIXTY CENTS PER CONTACT HOUR, and where a
contact hour represents sixty minutes of instruction services provided
to an eligible adult. Notwithstanding any other provision of law to the
contrary, for the 2018--2019 school year such contact hours shall not
exceed one million four hundred sixty-three thousand nine hundred
sixty-three (1,463,963); for the 2019--2020 school year such contact
hours shall not exceed one million four hundred forty-four thousand four
hundred forty-four (1,444,444); for the 2020--2021 school year such
contact hours shall not exceed one million four hundred six thousand
nine hundred twenty-six (1,406,926); [and] for the 2021--2022 school
year such contact hours shall not exceed one million four hundred
sixteen thousand one hundred twenty-two (1,416,122); AND FOR THE
2022--2023 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION
FOUR HUNDRED SIX THOUSAND NINE HUNDRED TWENTY-SIX (1,406,926). Notwith-
standing any other provision of law to the contrary, the apportionment
calculated for the city school district of the city of New York pursuant
to subdivision 11 of section 3602 of the education law shall be computed
as if such contact hours provided by the consortium for worker educa-
tion, not to exceed the contact hours set forth herein, were eligible
for aid in accordance with the provisions of such subdivision 11 of
section 3602 of the education law.
§ 21. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, is amended by adding a new subdivi-
sion aa to read as follows:
AA. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2022-23 SCHOOL YEAR. NOTWITHSTANDING ANY
INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
§ 22. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
S. 8006--C 25 A. 9006--C
worker education in New York city, as amended by section 41 of part A of
chapter 56 of the laws of 2021, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2022] 2023.
§ 22-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
tion law, as amended by section 41-a of part A of chapter 56 of the laws
of 2021, is amended to read as follows:
a-1. Notwithstanding the provisions of paragraph a of this subdivi-
sion, for aid payable in the school years two thousand--two thousand one
through two thousand nine--two thousand ten, and two thousand eleven--
two thousand twelve through two thousand [twenty-one] TWENTY-TWO--two
thousand [twenty-two] TWENTY-THREE, the commissioner may set aside an
amount not to exceed two million five hundred thousand dollars from the
funds appropriated for purposes of this subdivision for the purpose of
serving persons twenty-one years of age or older who have not been
enrolled in any school for the preceding school year, including persons
who have received a high school diploma or high school equivalency
diploma but fail to demonstrate basic educational competencies as
defined in regulation by the commissioner, when measured by accepted
standardized tests, and who shall be eligible to attend employment prep-
aration education programs operated pursuant to this subdivision.
§ 22-b. Section 5 of chapter 537 of the laws of 1976, relating to
paid, free and reduced price breakfast for eligible pupils in certain
school districts, as added by section 2 of part B of chapter 56 of the
laws of 2018, is amended to read as follows:
§ 5. a. Notwithstanding any monetary limitations with respect to
school lunch programs contained in any law or regulation, for school
lunch meals served in the school year commencing July 1, 2019 and [each
July 1 thereafter] ENDING JUNE 30, 2022, a school food authority shall
be eligible for a lunch meal State subsidy of twenty-five cents, which
shall include any annual State subsidy received by such school food
authority under any other provision of State law, for any school lunch
meal served by such school food authority; provided that the school food
authority certifies to the State Education Department through the appli-
cation submitted pursuant to subdivision [b] C of this section that such
food authority has purchased at least thirty percent of its total cost
of food products for its school lunch service program from New York
state farmers, growers, producers or processors in the preceding school
year.
b. NOTWITHSTANDING ANY MONETARY LIMITATIONS WITH RESPECT TO SCHOOL
LUNCH PROGRAMS CONTAINED IN ANY LAW OR REGULATION, FOR SCHOOL LUNCH
MEALS SERVED IN THE SCHOOL YEAR COMMENCING JULY 1, 2022 AND EACH JULY 1
THEREAFTER, A SCHOOL FOOD AUTHORITY SHALL BE ELIGIBLE FOR A LUNCH MEAL
STATE SUBSIDY OF TWENTY-FIVE CENTS, WHICH SHALL INCLUDE ANY ANNUAL STATE
SUBSIDY RECEIVED BY SUCH SCHOOL FOOD AUTHORITY UNDER ANY OTHER PROVISION
OF STATE LAW, FOR ANY SCHOOL LUNCH MEAL SERVED BY SUCH SCHOOL FOOD
AUTHORITY; PROVIDED THAT THE SCHOOL FOOD AUTHORITY CERTIFIES TO THE
DEPARTMENT OF AGRICULTURE AND MARKETS THROUGH THE APPLICATION SUBMITTED
PURSUANT TO SUBDIVISION C OF THIS SECTION THAT SUCH FOOD AUTHORITY HAS
PURCHASED AT LEAST THIRTY PERCENT OF ITS TOTAL COST OF FOOD PRODUCTS FOR
ITS SCHOOL LUNCH SERVICE PROGRAM FROM NEW YORK STATE FARMERS, GROWERS,
PRODUCERS OR PROCESSORS IN THE PRECEDING SCHOOL YEAR.
C. The [State Education Department, in cooperation with the] Depart-
ment of Agriculture and Markets IN COOPERATION WITH THE STATE EDUCATION
DEPARTMENT, shall develop an application for school food authorities to
seek an additional State subsidy pursuant to this section in a timeline
S. 8006--C 26 A. 9006--C
and format prescribed by the commissioner of [education] AGRICULTURE AND
MARKETS. Such application shall include, but not be limited to, documen-
tation demonstrating the school food authority's total food purchases
for its school lunch service program, and documentation demonstrating
its total food purchases and percentages for such program from New York
State farmers, growers, producers or processors in the preceding school
year. The application shall also include an attestation from the school
food authority's chief operating officer that it purchased at least
thirty percent of its total cost of food products for its school lunch
service program from New York State farmers, growers, producers or
processors in the preceding school year in order to meet the require-
ments for this additional State subsidy. School food authorities shall
be required to annually apply for this subsidy. AFTER REVIEWING SCHOOL
FOOD AUTHORITIES' COMPLETED APPLICATIONS FOR AN ADDITIONAL STATE SUBSIDY
PURSUANT TO THIS SECTION, THE DEPARTMENT OF AGRICULTURE AND MARKETS
SHALL CERTIFY TO THE STATE EDUCATION DEPARTMENT THE SCHOOL FOOD AUTHORI-
TIES APPROVED FOR SUCH ADDITIONAL STATE SUBSIDY AND THE STATE EDUCATION
DEPARTMENT SHALL PAY SUCH ADDITIONAL STATE SUBSIDY TO SUCH SCHOOL FOOD
AUTHORITIES.
[c.] D. The [State Education] Department OF AGRICULTURE AND MARKETS
shall annually publish information on its website commencing on Septem-
ber 1, [2019] 2022 and each September 1 thereafter, relating to each
school food authority that applied for and received this additional
State subsidy, including but not limited to: the school food authority
name, student enrollment, average daily lunch participation, total food
costs for its school lunch service program, total cost of food products
for its school lunch service program purchased from New York State farm-
ers, growers, producers or processors, and the percent of total food
costs that were purchased from New York State farmers, growers, produc-
ers or processors for its school lunch service program.
§ 23. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by section 33 of part A of chapter 56 of the laws of 2020, is amended to
read as follows:
1. Sections one through seventy of this act shall be deemed to have
been in full force and effect as of April 1, 1994 provided, however,
that sections one, two, twenty-four, twenty-five and twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to September 1, 1994, and provided
further that section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen, seventeen,
twenty, twenty-two and twenty-three of this act shall expire and be
deemed repealed on March 31, [2022] 2024.
§ 24. Section 12 of chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment of school district,
charter school or BOCES employees, as amended by section 42 of part A of
chapter 56 of the laws of 2021, is amended to read as follows:
§ 12. This act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2022] 2023 when
upon such date the provisions of this act shall be deemed repealed.
S. 8006--C 27 A. 9006--C
§ 25. Section 4 of chapter 425 of the laws of 2002, amending the
education law relating to the provision of supplemental educational
services, attendance at a safe public school and the suspension of
pupils who bring a firearm to or possess a firearm at a school, as
amended by section 43 of part A of chapter 56 of the laws of 2021, is
amended to read as follows:
§ 4. This act shall take effect July 1, 2002 and section one of this
act shall expire and be deemed repealed June 30, 2019[, and sections two
and three of this act shall expire and be deemed repealed on June 30,
2022].
§ 26. Section 5 of chapter 101 of the laws of 2003, amending the
education law relating to the implementation of the No Child Left Behind
Act of 2001, as amended by section 44 of part A of chapter 56 of the
laws of 2021, is amended to read as follows:
§ 5. This act shall take effect immediately[; provided that sections
one, two and three of this act shall expire and be deemed repealed on
June 30, 2022].
§ 27. Section 2 of chapter 552 of the laws of 1995, amending the
education law relating to contracts for the transportation of school
children, as amended by section 45 of part YYY of chapter 59 of the laws
of 2019, is amended to read as follows:
§ 2. This act shall take effect on the first day of January next
succeeding the date on which it shall have become a law and shall remain
in full force and effect until January 1, [2023] 2028, when upon such
date the provisions of this act shall be deemed repealed.
§ 28. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid payable in
the 2022-2023 through the 2026-2027 school years, subject to available
appropriation, the commissioner of education shall allocate school bus
driver training grants to school districts and boards of cooperative
educational services pursuant to sections 3650-a, 3650-b and 3650-c of
the education law, or for contracts directly with not-for-profit educa-
tional organizations for the purposes of this section. Such payments
shall not exceed four hundred thousand dollars ($400,000) per school
year.
§ 29. Special apportionment for salary expenses. a. Notwithstanding
any other provision of law, upon application to the commissioner of
education, not sooner than the first day of the second full business
week of June 2023 and not later than the last day of the third full
business week of June 2023, a school district eligible for an apportion-
ment pursuant to section 3602 of the education law shall be eligible to
receive an apportionment pursuant to this section, for the school year
ending June 30, 2023, for salary expenses incurred between April 1 and
June 30, 2022 and such apportionment shall not exceed the sum of (i) the
deficit reduction assessment of 1990--1991 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186 percent of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such amount for a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, plus (iv) the net gap elimination
adjustment for 2010--2011, as determined by the commissioner of educa-
tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
nation adjustment for 2011--2012 as determined by the commissioner of
education pursuant to subdivision 17 of section 3602 of the education
S. 8006--C 28 A. 9006--C
law, and provided further that such apportionment shall not exceed such
salary expenses. Such application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph 4
of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section
3609-a of the education law in the following order: the lottery appor-
tionment payable pursuant to subparagraph 2 of such paragraph followed
by the fixed fall payments payable pursuant to subparagraph 4 of such
paragraph and then followed by the district's payments to the teachers'
retirement system pursuant to subparagraph 1 of such paragraph, and any
remainder to be deducted from the individualized payments due the
district pursuant to paragraph b of such subdivision shall be deducted
on a chronological basis starting with the earliest payment due the
district.
§ 30. Special apportionment for public pension accruals. a. Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2023, a school district eligi-
ble for an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this section,
for the school year ending June 30, 2023 and such apportionment shall
not exceed the additional accruals required to be made by school
districts in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner of education by
the president of the board of education or the trustees or, in the case
of a city school district in a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
S. 8006--C 29 A. 9006--C
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph 4
of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section
3609-a of the education law in the following order: the lottery appor-
tionment payable pursuant to subparagraph 2 of such paragraph followed
by the fixed fall payments payable pursuant to subparagraph 4 of such
paragraph and then followed by the district's payments to the teachers'
retirement system pursuant to subparagraph 1 of such paragraph, and any
remainder to be deducted from the individualized payments due the
district pursuant to paragraph b of such subdivision shall be deducted
on a chronological basis starting with the earliest payment due the
district.
§ 30-a. Subdivision a of section 5 of chapter 121 of the laws of 1996,
relating to authorizing the Roosevelt union free school district to
finance deficits by the issuance of serial bonds, as amended by section
46-a of part A of chapter 56 of the laws of 2021, is amended to read as
follows:
a. Notwithstanding any other provisions of law, upon application to
the commissioner of education submitted not sooner than April first and
not later than June thirtieth of the applicable school year, the Roose-
velt union free school district shall be eligible to receive an appor-
tionment pursuant to this chapter for salary expenses, including related
benefits, incurred between April first and June thirtieth of such school
year. Such apportionment shall not exceed: for the 1996-97 school year
through the [2021-22] 2022-23 school year, four million dollars
($4,000,000); for the [2022-23] 2023-24 school year, three million
dollars ($3,000,000); for the [2023-24] 2024-25 school year, two million
dollars ($2,000,000); for the [2024-25] 2025-26 school year, one million
dollars ($1,000,000); and for the [2025-26] 2026-27 school year, zero
dollars. Such annual application shall be made after the board of
education has adopted a resolution to do so with the approval of the
commissioner of education.
§ 31. Section 1950 of the education law is amended by adding a new
subdivision 8-d to read as follows:
8-D. NOTWITHSTANDING THE PROVISION OF ANY LAW, RULE, OR REGULATION TO
THE CONTRARY, THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, UPON
THE CONSENT OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES OF THE
SUPERVISORY DISTRICT SERVING ITS GEOGRAPHIC REGION, MAY PURCHASE FROM
S. 8006--C 30 A. 9006--C
SUCH BOARD AS A NON-COMPONENT SCHOOL DISTRICT, SERVICES REQUIRED BY
ARTICLE NINETEEN OF THE EDUCATION LAW.
§ 31-a. Subdivision 6-a of section 140 of chapter 82 of the laws of
1995, amending the education law and certain other laws relating to
state aid to school districts and the appropriation of funds for the
support of government, as amended by section 41 of part YYY of chapter
59 of the laws of 2017, is amended to read as follows:
(6-a) Section seventy-three of this act shall take effect July 1, 1995
and shall be deemed repealed June 30, [2022] 2027;
§ 32. The amounts specified in this section shall be a set-aside from
the state funds which each such district is receiving from the total
foundation aid:
a. for the development, maintenance or expansion of magnet schools or
magnet school programs for the 2022--2023 school year. For the city
school district of the city of New York there shall be a set-aside of
foundation aid equal to forty-eight million one hundred seventy-five
thousand dollars ($48,175,000) including five hundred thousand dollars
($500,000) for the Andrew Jackson High School; for the Buffalo city
school district, twenty-one million twenty-five thousand dollars
($21,025,000); for the Rochester city school district, fifteen million
dollars ($15,000,000); for the Syracuse city school district, thirteen
million dollars ($13,000,000); for the Yonkers city school district,
forty-nine million five hundred thousand dollars ($49,500,000); for the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); for the Poughkeepsie city school district,
two million four hundred seventy-five thousand dollars ($2,475,000); for
the Mount Vernon city school district, two million dollars ($2,000,000);
for the New Rochelle city school district, one million four hundred ten
thousand dollars ($1,410,000); for the Schenectady city school district,
one million eight hundred thousand dollars ($1,800,000); for the Port
Chester city school district, one million one hundred fifty thousand
dollars ($1,150,000); for the White Plains city school district, nine
hundred thousand dollars ($900,000); for the Niagara Falls city school
district, six hundred thousand dollars ($600,000); for the Albany city
school district, three million five hundred fifty thousand dollars
($3,550,000); for the Utica city school district, two million dollars
($2,000,000); for the Beacon city school district, five hundred sixty-
six thousand dollars ($566,000); for the Middletown city school
district, four hundred thousand dollars ($400,000); for the Freeport
union free school district, four hundred thousand dollars ($400,000);
for the Greenburgh central school district, three hundred thousand
dollars ($300,000); for the Amsterdam city school district, eight
hundred thousand dollars ($800,000); for the Peekskill city school
district, two hundred thousand dollars ($200,000); and for the Hudson
city school district, four hundred thousand dollars ($400,000).
b. Notwithstanding any inconsistent provision of law to the contrary,
a school district setting aside such foundation aid pursuant to this
section may use such set-aside funds for: (i) any instructional or
instructional support costs associated with the operation of a magnet
school; or (ii) any instructional or instructional support costs associ-
ated with implementation of an alternative approach to promote diversity
and/or enhancement of the instructional program and raising of standards
in elementary and secondary schools of school districts having substan-
tial concentrations of minority students.
c. The commissioner of education shall not be authorized to withhold
foundation aid from a school district that used such funds in accordance
S. 8006--C 31 A. 9006--C
with this paragraph, notwithstanding any inconsistency with a request
for proposals issued by such commissioner for the purpose of attendance
improvement and dropout prevention for the 2022--2023 school year, and
for any city school district in a city having a population of more than
one million, the set-aside for attendance improvement and dropout
prevention shall equal the amount set aside in the base year. For the
2022--2023 school year, it is further provided that any city school
district in a city having a population of more than one million shall
allocate at least one-third of any increase from base year levels in
funds set aside pursuant to the requirements of this section to communi-
ty-based organizations. Any increase required pursuant to this section
to community-based organizations must be in addition to allocations
provided to community-based organizations in the base year.
d. For the purpose of teacher support for the 2022--2023 school year:
for the city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
school district, one million seven hundred forty-one thousand dollars
($1,741,000); for the Rochester city school district, one million seven-
ty-six thousand dollars ($1,076,000); for the Yonkers city school
district, one million one hundred forty-seven thousand dollars
($1,147,000); and for the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to a school
district pursuant to this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational and
academic subjects in accordance with this section and shall be in addi-
tion to salaries heretofore or hereafter negotiated or made available;
provided, however, that all funds distributed pursuant to this section
for the current year shall be deemed to incorporate all funds distrib-
uted pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are repres-
ented by certified or recognized employee organizations, all salary
increases funded pursuant to this section shall be determined by sepa-
rate collective negotiations conducted pursuant to the provisions and
procedures of article 14 of the civil service law, notwithstanding the
existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
§ 33. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2022 enacting
the aid to localities budget shall be apportioned for the 2022--2023
state fiscal year in accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the education law as amended by the
provisions of this chapter and the provisions of this section, provided
that library construction aid pursuant to section 273-a of the education
law shall not be payable from the appropriations for the support of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
Notwithstanding any other provision of law to the contrary the moneys
appropriated for the support of public libraries for the year 2022--2023
by a chapter of the laws of 2022 enacting the education, labor and fami-
ly assistance budget shall fulfill the state's obligation to provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion and approved by the director of the budget, the aid payable to
libraries and library systems pursuant to such appropriations shall be
S. 8006--C 32 A. 9006--C
reduced proportionately to ensure that the total amount of aid payable
does not exceed the total appropriations for such purpose.
§ 34. Severability. The provisions of this act shall be severable, and
if the application of any clause, sentence, paragraph, subdivision,
section or part of this act to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section or
part of this act or remainder thereof, as the case may be, to any other
person or circumstance, 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 judgment shall have
been rendered.
§ 35. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2022, provided,
however, that:
1. Sections one, two, seven, eight, eleven-b, fourteen, fifteen,
sixteen, seventeen, nineteen, twenty-two, twenty-five, twenty-six, twen-
ty-eight, thirty-one, and thirty-two, of this act shall take effect July
1, 2022;
2. Sections three, four, and five shall take effect immediately and
shall expire September 30, 2024 when upon such date the provisions of
such sections shall be deemed repealed;
3. The amendments to paragraph d of subdivision 12 of section 3602-e
of the education law made by section seventeen-b of this act shall take
effect upon the repeal of subdivision 4 of section 51 of part B of
chapter 57 of the laws of 2008, as amended; and
4. The amendments to chapter 756 of the laws of 1992, relating to
funding a program for work force education conducted by a consortium for
worker education in New York city made by sections twenty and twenty-one
of this act shall not affect the repeal of such chapter and shall be
deemed repealed therewith.
PART B
Section 1. This Part enacts into law major components of legislation
relating to promoting zero-emission school buses. 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 the last section of such Subpart. Any provision
in any section contained within a Subpart, including the effective date
of the Subpart, which makes 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 Part sets forth the general effective
date of this Part.
SUBPART A
Section 1. The education law is amended by adding a new section 3638
to read as follows:
§ 3638. ZERO-EMISSION SCHOOL BUSES. 1. FOR THE PURPOSES OF THIS
SECTION "ZERO-EMISSION SCHOOL BUS" SHALL MEAN A SCHOOL BUS THAT: IS
PROPELLED BY AN ELECTRIC MOTOR AND ASSOCIATED POWER ELECTRONICS WHICH
PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS DURING NORMAL VEHICLE
OPERATIONS AND DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL OR BATTERY;
OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF ATMOSPHERIC POLLUTANTS.
S. 8006--C 33 A. 9006--C
2. (A) NO LATER THAN JULY FIRST, TWO THOUSAND TWENTY-SEVEN, EVERY
SCHOOL DISTRICT SHALL:
(I) ONLY PURCHASE OR LEASE ZERO-EMISSION SCHOOL BUSES WHEN PURCHASING
OR LEASING NEW BUSES;
(II) INCLUDE REQUIREMENTS IN ANY PROCUREMENT FOR SCHOOL TRANSPORTATION
SERVICES THAT ANY CONTRACTORS PROVIDING TRANSPORTATION SERVICES FOR THE
SCHOOL DISTRICT MUST ONLY PURCHASE OR LEASE ZERO-EMISSION SCHOOL BUSES
WHEN PURCHASING OR LEASING NEW SCHOOL BUSES; AND
(III) INCLUDE REQUIREMENTS IN ANY PROCUREMENT FOR THE MANUFACTURING OR
RETROFITTING OF A ZERO-EMISSION SCHOOL BUS AND CHARGING OR FUELING
INFRASTRUCTURE THAT THE COMPONENTS AND PARTS USED OR SUPPLIED IN THE
PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO SHALL BE PRODUCED
OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITO-
RIES OR POSSESSIONS AND THAT FINAL ASSEMBLY OF THE ZERO-EMISSION SCHOOL
BUS AND CHARGING OR FUELING INFRASTRUCTURE SHALL OCCUR IN THE UNITED
STATES, ITS TERRITORIES OR POSSESSIONS.
(B) THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY AND OFFICE OF GENERAL SERVICES, MAY
WAIVE THE CONTRACTING REQUIREMENTS SET FORTH IN SUBPARAGRAPH (III) OF
PARAGRAPH (A) OF THIS SUBDIVISION IF THE COMMISSIONER DETERMINES THAT
THE REQUIREMENTS WOULD NOT BE IN THE PUBLIC INTEREST, WOULD RESULT IN
UNREASONABLE COSTS, OR THAT OBTAINING SUCH ZERO-EMISSION SCHOOL BUSES
AND CHARGING OR FUELING INFRASTRUCTURE COMPONENTS AND PARTS IN THE
UNITED STATES WOULD INCREASE THE COST OF A SCHOOL DISTRICT'S CONTRACT
FOR ZERO-EMISSION SCHOOL BUSES AND CHARGING OR FUELING INFRASTRUCTURE BY
AN UNREASONABLE AMOUNT, OR SUCH ZERO-EMISSION SCHOOL BUSSES AND CHARGING
OR FUELING INFRASTRUCTURE COMPONENTS AND PARTS CANNOT BE PRODUCED, MADE,
OR ASSEMBLED IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE
QUANTITIES OR OF SATISFACTORY QUALITY. SUCH DETERMINATION MUST BE MADE
ON AN ANNUAL BASIS NO LATER THAN DECEMBER THIRTY-FIRST, AFTER PROVIDING
NOTICE AND AN OPPORTUNITY FOR PUBLIC COMMENT, AND BE MADE PUBLICLY
AVAILABLE, IN WRITING, ON THE DEPARTMENT'S WEBSITE WITH A DETAILED
EXPLANATION OF THE FINDINGS LEADING TO SUCH DETERMINATION. IF THE
COMMISSIONER HAS ISSUED DETERMINATIONS FOR THREE CONSECUTIVE YEARS THAT
NO SUCH WAIVER IS WARRANTED PURSUANT TO THIS PARAGRAPH, THEN THE COMMIS-
SIONER SHALL NO LONGER BE REQUIRED TO PROVIDE THE ANNUAL DETERMINATIONS
REQUIRED BY THIS PARAGRAPH.
3. NO LATER THAN JULY FIRST, TWO THOUSAND THIRTY-FIVE, EVERY SCHOOL
DISTRICT SHALL:
(A) ONLY OPERATE AND MAINTAIN ZERO-EMISSION SCHOOL BUSES; AND
(B) INCLUDE REQUIREMENTS IN ANY PROCUREMENT FOR SCHOOL TRANSPORTATION
SERVICES THAT ANY CONTRACTORS PROVIDING TRANSPORTATION SERVICES FOR THE
SCHOOL DISTRICT MUST ONLY OPERATE ZERO-EMISSION SCHOOL BUSES WHEN
PROVIDING SUCH TRANSPORTATION SERVICES TO THE SCHOOL DISTRICT.
4. A SCHOOL DISTRICT MAY APPLY TO THE COMMISSIONER, AND THE DEPARTMENT
MAY GRANT A ONE-TIME EXTENSION OF UP TO TWENTY-FOUR MONTHS TO COMPLY
WITH THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION. THE COMMIS-
SIONER SHALL CONSIDER A SCHOOL DISTRICT'S EFFORT TO MEET THE REQUIRE-
MENTS OF SUBDIVISION TWO OF THIS SECTION WHEN GRANTING AN EXTENSION,
INCLUDING BUT NOT LIMITED TO, PROCUREMENT EFFORTS MADE BY THE SCHOOL
DISTRICT, APPLICATIONS FOR STATE OR FEDERAL FUNDS, CHANGES NEEDED TO
SCHOOL DISTRICT OPERATIONS TO MEET THE REQUIREMENTS OF THIS SECTION,
EMPLOYEE TRAINING, AND RECEIPT OF TECHNICAL ASSISTANCE, IF ANY. UPON A
SCHOOL DISTRICT RECEIVING AN EXTENSION, THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT,
S. 8006--C 34 A. 9006--C
SHALL PROVIDE ANY ADDITIONAL TECHNICAL ASSISTANCE NECESSARY TO THE
DISTRICT TO MEET THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION.
5. (A) NOTHING IN THIS SECTION SHALL ALTER THE RIGHTS OR BENEFITS, AND
PRIVILEGES, INCLUDING, BUT NOT LIMITED TO TERMS AND CONDITIONS OF
EMPLOYMENT, CIVIL SERVICE STATUS, AND COLLECTIVE BARGAINING UNIT MEMBER-
SHIP, OF ANY CURRENT EMPLOYEES OF SCHOOL DISTRICTS OR ANY ENTITY
CONTRACTED TO PROVIDE PUPIL TRANSPORTATION SERVICES, OR SERVICES ATTEND-
ANT THERETO, INCLUDING BUT NOT LIMITED TO DRIVERS, ATTENDANTS, DISPATCH-
ERS, AND MECHANICS.
(B) NOTHING IN THIS SECTION SHALL RESULT IN: (I) THE DISCHARGE,
DISPLACEMENT, OR LOSS OF POSITION, INCLUDING PARTIAL DISPLACEMENT SUCH
AS A REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT
BENEFITS; (II) THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREE-
MENTS; (III) THE TRANSFER OF EXISTING DUTIES AND FUNCTIONS; OR (IV) THE
TRANSFER OF FUTURE DUTIES AND FUNCTIONS, OF ANY CURRENTLY EMPLOYED WORK-
ER IMPACTED BY THE PROPOSED PURCHASE OR LEASE WHO AGREES TO BE
RETRAINED.
(C) PRIOR TO THE BEGINNING OF THE PROCUREMENT PROCESS FOR NEW ZERO-EM-
ISSION SCHOOL BUSES, OMNIBUSES, VEHICLES, CHARGING INFRASTRUCTURE OR
EQUIPMENT, FUELING INFRASTRUCTURE OR EQUIPMENT, OR OTHER EQUIPMENT, THE
SCHOOL DISTRICT, PRIVATE SCHOOL BUS COMPANY, OR OTHER EMPLOYER WHOSE
WORKERS PROVIDE PUPIL TRANSPORTATION SERVICES OR SERVICES ATTENDANT
THERETO, SHALL CREATE AND IMPLEMENT A WORKFORCE DEVELOPMENT REPORT THAT:
(I) ESTIMATES THE NUMBER OF CURRENT POSITIONS THAT WOULD BE ELIMINATED
OR SUBSTANTIALLY CHANGED AS A RESULT OF THE PURCHASE OR LEASE, AND THE
NUMBER OF POSITIONS EXPECTED TO BE CREATED AT THE SCHOOL DISTRICT,
PRIVATE SCHOOL BUS COMPANY OR OTHER EMPLOYER WHOSE WORKERS PROVIDE PUPIL
TRANSPORTATION SERVICES OR SERVICES ATTENDANT THERETO BY THE PROPOSED
PURCHASE OR LEASE OVER THE INTENDED LIFE OF THE PROPOSED PURCHASE OR
LEASE; (II) IDENTIFIES GAPS IN SKILLS OF ITS CURRENT WORKFORCE THAT ARE
NEEDED TO OPERATE AND MAINTAIN ZERO-EMISSION SCHOOL BUSES, OMNIBUSES,
VEHICLES, CHARGING INFRASTRUCTURE OR EQUIPMENT, FUELING INFRASTRUCTURE
OR EQUIPMENT, OR OTHER EQUIPMENT; (III) INCLUDES A COMPREHENSIVE PLAN TO
TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE
PROPOSED PURCHASE OR LEASE; AND (IV) CONTAINS AN ESTIMATED BUDGET TO
TRANSITION, TRAIN, OR RETRAIN EMPLOYEES THAT ARE IMPACTED BY THE
PROPOSED PURCHASE OR LEASE.
(D) NOTHING IN THIS SECTION SHALL: (I) LIMIT RIGHTS OF EMPLOYEES
PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT, OR (II) ALTER THE EXIST-
ING REPRESENTATIONAL RELATIONSHIPS AMONG COLLECTIVE BARGAINING REPRESEN-
TATIVES OR THE BARGAINING RELATIONSHIPS BETWEEN THE EMPLOYER AND ANY
COLLECTIVE BARGAINING REPRESENTATIVE. EMPLOYEES OF PUBLIC ENTITIES SERV-
ING IN POSITIONS IN NEWLY CREATED TITLES SHALL BE ASSIGNED TO THE APPRO-
PRIATE BARGAINING UNIT.
(E) PRIOR TO BEGINNING THE PROCUREMENT PROCESS FOR ZERO-EMISSION
SCHOOL BUSES, OMNIBUSES, VEHICLES, CHARGING INFRASTRUCTURE OR EQUIPMENT,
FUELING INFRASTRUCTURE OR EQUIPMENT, OR OTHER EQUIPMENT, ANY EMPLOYER OF
WORKERS COVERED BY THIS SECTION SHALL INFORM ITS EMPLOYEES' COLLECTIVE
BARGAINING REPRESENTATIVE OF ANY POTENTIAL IMPACT ON ITS MEMBERS OR
UNIT, INCLUDING POSITIONS THAT MAY BE AFFECTED, ALTERED, OR ELIMINATED
AS A RESULT OF THE PURCHASE.
6. WHEN PURCHASING ZERO-EMISSION SCHOOL BUSES AND CHARGING OR FUELING
INFRASTRUCTURE, SCHOOL DISTRICTS ARE ENCOURAGED TO UTILIZE THE CENTRAL-
IZED CONTRACTS FOR ZERO EMISSION SCHOOL BUSES AND CHARGING OR FUELING
INFRASTRUCTURE ESTABLISHED BY THE OFFICE OF GENERAL SERVICES.
S. 8006--C 35 A. 9006--C
§ 2. Paragraphs c, d and e of subdivision 2 of section 3623-a of the
education law, paragraph c as amended by chapter 453 of the laws of
2005, paragraph d as added by chapter 474 of the laws of 1996, and para-
graph e as amended by section 68 of part A of chapter 436 of the laws of
1997, are amended and a new paragraph f is added to read as follows:
c. The purchase of equipment deemed a proper school district expense,
including: (i) the purchase of two-way radios to be used on old and new
school buses, (ii) the purchase of stop-arms, to be used on old and new
school buses, (iii) the purchase and installation of seat safety belts
on school buses in accordance with the provisions of section thirty-six
hundred thirty-five-a of this article, (iv) the purchase of school bus
back up beepers, (v) the purchase of school bus front crossing arms,
(vi) the purchase of school bus safety sensor devices, (vii) the
purchase and installation of exterior reflective marking on school
buses, (viii) the purchase of automatic engine fire extinguishing
systems for school buses used to transport students who use wheelchairs
or other assistive mobility devices, and (ix) the purchase of other
equipment as prescribed in the regulations of the commissioner; [and]
d. Other transportation capital, debt service and lease expense, as
approved pursuant to regulations of the commissioner[.];
e. Any approved cost of construction, reconstruction, lease or
purchase of a transportation storage facility or site in the amount of
ten thousand dollars or more shall be aidable in accordance with subdi-
vision six of section thirty-six hundred two of this article and shall
not be aidable as transportation expense[.]; AND
F. APPROVED COSTS RELATING TO THE LEASE, PURCHASE, CONSTRUCTION, OR
INSTALLATION OF ZERO-EMISSION SCHOOL BUS ELECTRIC CHARGING OR HYDROGEN
FUELING STATIONS. FOR THE PURPOSES OF THIS SECTION, A ZERO-EMISSION
SCHOOL BUS ELECTRIC CHARGING STATION IS A STATION THAT DELIVERS ELEC-
TRICITY FROM A SOURCE OUTSIDE A ZERO-EMISSION SCHOOL BUS INTO ONE OR
MORE ZERO-EMISSION SCHOOL BUSES. AN ELECTRIC SCHOOL BUS CHARGING STATION
MAY INCLUDE SEVERAL CHARGE POINTS SIMULTANEOUSLY CONNECTING SEVERAL
ZERO-EMISSION SCHOOL BUSES TO THE STATION AND ANY RELATED EQUIPMENT
NEEDED TO FACILITATE CHARGING PLUG-IN ZERO-EMISSION SCHOOL BUSES. ANY
WORK RELATED TO THE CONSTRUCTION OR INSTALLATION OF ZERO-EMISSION SCHOOL
BUS ELECTRIC CHARGING OR HYDROGEN FUELING STATIONS UNDER THIS PARAGRAPH
SHALL BE CONSIDERED PUBLIC WORK AND SHALL BE SUBJECT TO PREVAILING WAGE
REQUIREMENTS IN ACCORDANCE WITH SECTION TWO HUNDRED TWENTY AND TWO
HUNDRED TWENTY-B OF THE LABOR LAW.
§ 3. Paragraph e of subdivision 7 of section 3602 of the education
law, as amended by section 4 of part L of chapter 57 of the laws of
2005, is amended to read as follows:
e. In determining approved transportation capital, debt service and
lease expense for aid payable in the two thousand five--two thousand six
school year and thereafter, the commissioner, after applying the
provisions of paragraph c of this subdivision to such expense, shall
establish an assumed amortization pursuant to this paragraph to deter-
mine the approved capital, debt service and lease expense of the school
district that is aidable in the current year, whether or not the school
district issues debt for such expenditures, subject to any deduction
pursuant to paragraph d of this subdivision. Such assumed amortization
shall be for a period of five years, AND FOR THE TWO THOUSAND TWENTY-
TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFTER SUCH ASSUMED
AMORTIZATION FOR ZERO-EMISSION SCHOOL BUSES AS DEFINED IN SECTION THIR-
TY-SIX HUNDRED THIRTY-EIGHT OF THIS ARTICLE AND RELATED COSTS PURSUANT
TO PARAGRAPH F OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWENTY-
S. 8006--C 36 A. 9006--C
THREE-A OF THIS ARTICLE SHALL BE FOR A PERIOD OF TWELVE YEARS, and shall
commence twelve months after the school district enters into a purchase
contract[,] OR lease of the school bus, CHARGING STATION, HYDROGEN FUEL-
ING STATION, or equipment, or a general contract for the construction,
reconstruction, lease or purchase of a transportation storage facility
or site in an amount less than ten thousand dollars[; except that where
expenses were incurred for the purchase or lease of a school bus or
equipment or the construction, reconstruction, lease or purchase of a
transportation storage facility or site prior to July first, two thou-
sand five and debt service was still outstanding or the lease was still
in effect as of such date, the assumed amortization shall commence as of
July first, two thousand five and the period of the amortization shall
be for a period equal to five years less the number of years, rounded to
the nearest year, elapsed from the date upon which the school district
first entered into such purchase contract or general contract and July
first, two thousand five, as determined by the commissioner, or the
remaining term of the lease as of such date]. Such assumed amortization
shall provide for equal semiannual payments of principal and interest
based on an assumed interest rate established by the commissioner pursu-
ant to this paragraph. By the first day of September of the current year
commencing with the two thousand five--two thousand six school year,
each school district shall provide to the commissioner in a format
prescribed by the commissioner such information as the commissioner
shall require for all capital debt incurred by such school district
during the preceding school year for expenses allowable pursuant to
subdivision two of section thirty-six hundred twenty-three-a of this
article. Based on such reported amortizations and a methodology
prescribed by the commissioner in regulations, the commissioner shall
compute an assumed interest rate that shall equal the average of the
interest rates applied to all such debt issued during the preceding
school year. The assumed interest rate shall be the interest rate of
each such school district applicable to the current year for the
purposes of this paragraph and shall be expressed as a decimal to five
places rounded to the nearest eighth of one-one hundredth.
§ 4. Subparagraph 7 of paragraph e of subdivision 1 of section 3623-a
of the education law, as added by chapter 474 of the laws of 1996, is
amended to read as follows:
(7) fuel, oil, tires, chains, maintenance and repairs for school
buses, PROVIDED THAT FOR PURPOSES OF THIS ARTICLE, FUEL SHALL INCLUDE
ELECTRICITY USED TO CHARGE OR HYDROGEN USED TO REFUEL ZERO-EMISSION
SCHOOL BUSES FOR THE AIDABLE TRANSPORTATION OF PUPILS, BUT SHALL NOT
INCLUDE ELECTRICITY OR HYDROGEN USED FOR OTHER PURPOSES;
§ 5. Subdivision 29 of paragraph a of section 11.00 of the local
finance law, as amended by chapter 300 of the laws of 1971, is amended
to read as follows:
29. Motor vehicles. The purchase of a motor vehicle, five years. The
term "motor vehicle," as used in this subdivision, shall mean a vehicle
propelled by any power other than muscular power, except
(a) a passenger vehicle, other than a school bus, having a seating
capacity of less than ten persons,
(b) a vehicle used for fighting fires,
(c) a motor cycle, traction engine, and electric truck with small
wheels used in warehouses and railroad stations and a vehicle which runs
only upon rails or tracks,
(d) machinery or apparatus for which a period of probable usefulness
has been determined by subdivision twenty-eight of this paragraph, and
S. 8006--C 37 A. 9006--C
(e) a vehicle which is specially designed for use for the treatment,
care or transport of sick or injured persons, AND
(F) A ZERO-EMISSION SCHOOL BUS AS DEFINED IN SECTION THREE THOUSAND
SIX HUNDRED THIRTY-EIGHT OF THE EDUCATION LAW.
§ 6. Subdivision 21-a of section 1604 of the education law, as added
by chapter 472 of the laws of 1998, is amended to read as follows:
21-a. To lease a motor vehicle or vehicles to be used for the trans-
portation of the children of the district from a school district, board
of cooperative educational services or county vocational education and
extension board or from any other source, under the conditions specified
in this subdivision. No such agreement for the lease of a motor vehicle
or vehicles shall be for a term of more than one school year, provided
that when authorized by a vote of the qualified voters of the district
such lease may have a term of up to five years, OR TWELVE YEARS FOR THE
LEASE OF ZERO-EMISSION SCHOOL BUSES AS DEFINED IN SECTION THIRTY-SIX
HUNDRED THIRTY-EIGHT OF THIS CHAPTER. Where the trustee or board of
trustees enter into a lease of a motor vehicle or vehicles pursuant to
this subdivision for a term of one school year or less, such trustee or
board shall not be authorized to enter into another lease for the same
or an equivalent replacement vehicle or vehicles, as determined by the
commissioner, without obtaining approval of the qualified voters of the
school district.
§ 7. Paragraph i of subdivision 25 of section 1709 of the education
law, as added by chapter 472 of the laws of 1998, is amended to read as
follows:
i. In addition to the authority granted in paragraph e of this subdi-
vision, the board of education shall be authorized to lease a motor
vehicle or vehicles to be used for the transportation of the children of
the district from sources other than a school district, board of cooper-
ative educational services or county vocational education and extension
board under the conditions specified in this paragraph. No such agree-
ment for the lease of a motor vehicle or vehicles shall be for a term of
more than one school year, provided that when authorized by a vote of
the qualified voters of the district such lease may have a term of up to
five years, OR TWELVE YEARS FOR THE LEASE OF ZERO-EMISSION SCHOOL BUSES
AS DEFINED IN SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF THIS CHAPTER.
Where the board of education enters a lease of a motor vehicle or vehi-
cles pursuant to this paragraph for a term of one school year or less,
such board shall not be authorized to enter into another lease of the
same or an equivalent replacement vehicle or vehicles, as determined by
the commissioner, without obtaining approval of the voters.
§ 8. Subdivision 29-a of paragraph a of section 11.00 of the local
finance law, as added by section 1 of part BB of chapter 58 of the laws
of 2015, is amended to read as follows:
29-a. Transit motor vehicles. The purchase of municipally owned omni-
bus or similar surface transit motor vehicles, ten years; AND THE
PURCHASE OF ZERO-EMISSION SCHOOL BUSES OWNED BY A SCHOOL DISTRICT
DEFINED PURSUANT TO PARAGRAPH TWO OF SECTION 2.00 OF THIS CHAPTER, A
CITY SCHOOL DISTRICT WITH A POPULATION OF MORE THAN ONE HUNDRED
TWENTY-FIVE THOUSAND INHABITANTS, OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES, TWELVE YEARS.
§ 9. This act shall take effect immediately.
SUBPART B
S. 8006--C 38 A. 9006--C
Section 1. Section 1854 of the public authorities law is amended by
adding two new subdivisions 22 and 23 to read as follows:
22. TO ADMINISTER A PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO SCHOOL
DISTRICTS, SCHOOL BUS FLEET OPERATORS AND PUBLIC TRANSPORTATION SYSTEMS
ON MANAGING ZERO-EMISSION VEHICLE FLEETS AND THE CHARGING OR FUELING
INFRASTRUCTURE FOR SUCH ZERO-EMISSION VEHICLE FLEETS.
23. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, AND
ANNUALLY THEREAFTER, THE AUTHORITY SHALL ISSUE A REPORT ON THE AVAIL-
ABILITY OF ZERO-EMISSION SCHOOL BUSES AND CHARGING OR FUELING INFRAS-
TRUCTURE THAT MEET THE CRITERIA ESTABLISHED IN SUBDIVISION TWO OF
SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF THE EDUCATION LAW. THE
AUTHORITY SHALL PROVIDE TECHNICAL ASSISTANCE TO SCHOOL DISTRICTS, UPON
REQUEST, IN PURSUING STATE AND FEDERAL GRANTS AND OTHER FUNDING OPPORTU-
NITIES TO SUPPORT THE PURCHASE AND CONTRACTING REQUIREMENTS SET FORTH IN
SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF THE EDUCA-
TION LAW.
§ 2. The public authorities law is amended by adding a new section
1884 to read as follows:
§ 1884. ZERO-EMISSION BUS ROADMAP. 1. THE AUTHORITY, IN CONSULTATION
WITH THE DEPARTMENT OF PUBLIC SERVICE AND THE DEPARTMENT OF TRANSPORTA-
TION, SHALL CREATE A ZERO-EMISSION PUBLIC TRANSPORTATION SYSTEM AND
SCHOOL BUS ROADMAP FOR THE STATE WHICH SHALL IDENTIFY THE ACTIONS NEEDED
TO MEET THE FLEET SALES AND CONVERSION TARGETS ESTABLISHED IN SECTION
THIRTY-SIX HUNDRED THIRTY-EIGHT OF THE EDUCATION LAW. THE ROADMAP SHALL
INCLUDE BUT NOT BE LIMITED TO: (A) FINANCIAL AND TECHNICAL GUIDANCE
RELATED TO THE PURCHASING, RETROFITTING, OPERATION, AND MAINTENANCE OF
ZERO-EMISSION BUSES; (B) AN IDENTIFICATION AND SITING PLAN FOR CHARGING
AND FUELING INFRASTRUCTURE; (C) AN IDENTIFICATION OF THE NECESSARY
INVESTMENTS IN THE ELECTRIC TRANSMISSION AND DISTRIBUTION GRID; (D) AN
IDENTIFICATION OF HOW TO ENSURE RELATED FACILITY UPGRADES ARE COORDI-
NATED TO MAXIMIZE THE COST EFFECTIVENESS AND OVERALL SYSTEM RELIABILITY;
(E) THE AVAILABLE FEDERAL, STATE, AND LOCAL FUNDING TO PURCHASE OR LEASE
ZERO-EMISSION BUSES OR CONVERT EXISTING BUSES TO ZERO-EMISSIONS; (F) AN
IDENTIFICATION OF NEW INCENTIVES AND PROGRAMS TO ADVANCE THE DEPLOYMENT
AND ADOPTION OF ZERO-EMISSION BUSES; AND (G) STREAMLINING ACTIONS TO
FACILITATE THE CONVERSION OF PUBLIC TRANSPORTATION SYSTEMS AND SCHOOL
BUS FLEETS.
2. THE AUTHORITY SHALL CONVENE A TECHNICAL ADVISORY GROUP MADE UP OF
DIVERSE STAKEHOLDERS TO PROVIDE THE AUTHORITY WITH RELEVANT TECHNICAL,
POLICY, AND MARKET EXPERTISE. THE AUTHORITY SHALL FURTHER DEVELOP A
STAKEHOLDER ENGAGEMENT PROCESS TO SOLICIT FEEDBACK ON THE ROADMAP AND
RAISE CONSUMER AWARENESS AND EDUCATION ACROSS THE STATE.
3. THE AUTHORITY SHALL REPORT ITS FINDINGS AND ANY RECOMMENDATIONS TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
THE ASSEMBLY NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
SECTION. THE ROADMAP SHALL BE UPDATED EVERY THREE YEARS AND MADE
PUBLICLY AVAILABLE ON THE AUTHORITY'S WEBSITE.
§ 3. This act shall take effect immediately.
§ 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
S. 8006--C 39 A. 9006--C
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 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 C
Intentionally Omitted
PART D
Section 1. Subparagraph 4-b of paragraph h of subdivision 2 of section
355 of the education law, as added by section 1 of part GG of chapter 56
of the laws of 2021, is amended to read as follows:
(4-b) [(i)] In state fiscal year two thousand twenty-two--two thousand
twenty-three AND THEREAFTER, the state shall appropriate and make avail-
able general fund operating support in the amount of [thirty-three
percent of] the tuition credit calculated pursuant to section six
hundred eighty-nine-a of this chapter [for the two thousand twenty-two-
-two thousand twenty-three academic year.
(ii) In state fiscal year two thousand twenty-three--two thousand
twenty-four, the state shall appropriate and make available general fund
operating support in the amount of sixty-seven percent of the tuition
credit calculated pursuant to section six hundred eighty-nine-a of this
chapter for the two thousand twenty-three--two thousand twenty-four
academic year.
(iii) Beginning in state fiscal year two thousand twenty-four--two
thousand twenty-five and thereafter, the state shall appropriate and
make available general fund operating support in the amount of the
tuition credit calculated pursuant to section six hundred eighty-nine-a
of this chapter] annually.
§ 2. Paragraph (f) of subdivision 7 of section 6206 of the education
law, as added by section 2 of part GG of chapter 56 of the laws of 2021,
is amended to read as follows:
(f) [(i)] In state fiscal year two thousand twenty-two--two thousand
twenty-three AND THEREAFTER, the state shall appropriate and make avail-
able general fund operating support in the amount of [thirty-three
percent of] the tuition credit calculated pursuant to section six
hundred eighty-nine-a of this chapter [for the two thousand twenty-two-
-two thousand twenty-three academic year.
(ii) In state fiscal year two thousand twenty-three--two thousand
twenty-four, the state shall appropriate and make available general fund
operating support in the amount of sixty-seven percent of the tuition
credit calculated pursuant to section six hundred eighty-nine-a of this
chapter for the two thousand twenty-three--two thousand twenty-four
academic year.
(iii) Beginning in state fiscal year two thousand twenty-four--two
thousand twenty-five and thereafter, the state shall appropriate and
make available general fund operating support in the amount of the
tuition credit calculated pursuant to section six hundred eighty-nine-a
of this chapter] annually.
§ 3. This act shall take effect immediately.
PART E
S. 8006--C 40 A. 9006--C
Section 1. Section 667-c of the education law, as added by section 1
of part N of chapter 58 of the laws of 2006, is amended to read as
follows:
§ 667-c. Part-time tuition assistance program awards. 1. Notwithstand-
ing any law, rule or regulation to the contrary, the president of the
higher education services corporation is authorized to make tuition
assistance program awards to:
A. part-time students enrolled at the state university, a community
college, the city university of New York, and a non-profit college or
university incorporated by the regents or by the legislature who meet
all requirements for tuition assistance program awards except for the
students' part-time attendance; OR
B. PART-TIME STUDENTS ENROLLED AT A COMMUNITY COLLEGE IN A NON-DEGREE
WORKFORCE CREDENTIAL PROGRAM DIRECTLY LEADING TO THE EMPLOYMENT OR
ADVANCEMENT OF A STUDENT IN A "SIGNIFICANT INDUSTRY" AS IDENTIFIED BY
THE DEPARTMENT OF LABOR IN ITS THREE MOST RECENT STATEWIDE SIGNIFICANT
INDUSTRIES REPORTS PUBLISHED PRECEDING THE STUDENT'S ENROLLMENT IN SUCH
NON-DEGREE WORKFORCE CREDENTIAL PROGRAM. THE STATE UNIVERSITY OF NEW
YORK AND THE CITY UNIVERSITY OF NEW YORK SHALL PUBLISH AND MAINTAIN A
MASTER LIST OF ALL ELIGIBLE NON-DEGREE WORKFORCE CREDENTIAL PROGRAM
COURSES AND UPDATE SUCH LIST EVERY SEMESTER. A STUDENT WHO SUCCESSFULLY
COMPLETES A NON-DEGREE WORKFORCE CREDENTIAL PROGRAM AND RECEIVES PART-
TIME TUITION ASSISTANCE PROGRAM AWARDS PURSUANT TO THIS PARAGRAPH SHALL
BE AWARDED ACADEMIC CREDIT BY THE STATE UNIVERSITY OF NEW YORK OR CITY
UNIVERSITY OF NEW YORK UPON MATRICULATION INTO A DEGREE PROGRAM AT SUCH
INSTITUTION, PROVIDED THAT SUCH CREDIT SHALL BE EQUAL TO THE CORRESPOND-
ING CREDIT HOURS EARNED IN THE NON-DEGREE WORKFORCE CREDENTIAL PROGRAM.
2. For purposes of this section[, a part-time student is one who]:
a. FOR STUDENTS DEFINED IN PARAGRAPH A OF SUBDIVISION ONE OF THIS
SECTION, A PART-TIME STUDENT IS ONE WHO: (I) enrolled as a first-time
freshman during the two thousand six--two thousand seven academic year
or thereafter at a college or university within the state university,
including a statutory or contract college, a community college estab-
lished pursuant to article one hundred twenty-six of this chapter, the
city university of New York, or a non-profit college or university
incorporated by the regents or by the legislature;
[b. has earned at least twelve credits in each of two consecutive
semesters at one of the institutions named in paragraph a of this subdi-
vision by the time of the awards;
c.] (II) is enrolled for at least six but less than twelve semester
hours, or the equivalent, per semester in an approved undergraduate
degree program; and
[d.] (III) has a cumulative grade-point average of at least 2.00.
B. FOR STUDENTS DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF THIS
SECTION, A PART-TIME STUDENT IS ONE WHO: (I) MEETS ALL REQUIREMENTS FOR
TUITION ASSISTANCE PROGRAM AWARDS EXCEPT FOR THE STUDENT'S PART-TIME
ATTENDANCE AND ANY OTHER REQUIREMENTS THAT ARE INCONSISTENT WITH THE
STUDENT'S ENROLLMENT IN A NON-DEGREE WORKFORCE CREDENTIAL PROGRAM; AND
(II) IS ENROLLED IN AN APPROVED NON-DEGREE WORKFORCE CREDENTIAL
PROGRAM AT A COMMUNITY COLLEGE PURSUANT TO PARAGRAPH B OF SUBDIVISION
ONE OF THIS SECTION.
3. a. For part-time students defined in this section, the award shall
be calculated as provided in section six hundred sixty-seven of this
article and shall be in an amount equal to the enrollment factor percent
of the award the student would have been eligible for if the student
were enrolled full-time. [The] FOR PART-TIME STUDENTS DEFINED IN PARA-
S. 8006--C 41 A. 9006--C
GRAPH A OF SUBDIVISION ONE OF THIS SECTION, THE enrollment factor
percent is the percentage obtained by dividing the number of credits the
student is enrolled in, as certified by the school, by the number of
credits required for full-time study in the semester, quarter or term as
defined by the commissioner. FOR PART-TIME STUDENTS DEFINED IN PARA-
GRAPH B OF SUBDIVISION ONE OF THIS SECTION, THE ENROLLMENT FACTOR SHALL
BE CALCULATED PURSUANT TO REGULATIONS ESTABLISHED BY THE HIGHER EDUCA-
TION SERVICES CORPORATION.
b. [Any] (I) FOR PART-TIME STUDENTS DEFINED IN PARAGRAPH A OF SUBDIVI-
SION ONE OF THIS SECTION, ANY semester, quarter or term of attendance
during which a student receives an award pursuant to this section shall
be counted as the enrollment factor percent of a semester, quarter or
term toward the maximum term of eligibility for tuition assistance
awards pursuant to section six hundred sixty-seven of this article. The
total period of study for which payment may be made shall not exceed the
equivalent of the maximum period authorized for that award.
(II) FOR PART-TIME STUDENTS DEFINED IN PARAGRAPH B OF SUBDIVISION ONE
OF THIS SECTION, THE TOTAL PERIOD OF STUDY FOR WHICH PAYMENT MAY BE MADE
SHALL NOT EXCEED THE EQUIVALENT OF THE MAXIMUM PERIOD AUTHORIZED FOR THE
NON-DEGREE WORKFORCE CREDENTIAL PROGRAM PURSUANT TO PARAGRAPH B OF
SUBDIVISION ONE OF THIS SECTION.
§ 2. This act shall take effect immediately.
PART F
Section 1. Subparagraph (v) of paragraph b-1 of subdivision 4 of
section 661 of the education law is REPEALED.
§ 2. Subparagraphs (iii) and (iv) of paragraph b-1 of subdivision 4 of
section 661 of the education law, as added by section 1 of part Z of
chapter 58 of the laws of 2011, are amended to read as follows:
(iii) does not maintain good academic standing pursuant to paragraph c
of subdivision six of section six hundred sixty-five of this subpart,
and if there is no applicable existing academic standards schedule
pursuant to such subdivision, then such recipient shall be placed on the
academic standards schedule applicable to students enrolled in a four-
year or five-year undergraduate program; OR
(iv) is in default in the repayment of any state or federal student
loan, has failed to comply with the terms of any service condition
imposed by an academic performance award made pursuant to this article,
or has failed to make a refund of any award[; or].
§ 3. Paragraph d of subdivision 6 of section 661 of the education law
is REPEALED.
§ 4. This act shall take effect immediately.
PART G
Section 1. Subdivision 2 of section 669-h of the education law, as
amended by section 1 of part G of chapter 56 of the laws of 2021, is
amended to read as follows:
2. Amount. Within amounts appropriated therefor and based on avail-
ability of funds, awards shall be granted beginning with the two thou-
sand seventeen--two thousand eighteen academic year and thereafter to
applicants that the corporation has determined are eligible to receive
such awards. The corporation shall grant such awards in an amount up to
five thousand five hundred dollars or actual tuition, whichever is less;
provided, however, (a) a student who receives educational grants and/or
S. 8006--C 42 A. 9006--C
scholarships that cover the student's full cost of attendance shall not
be eligible for an award under this program; and (b) an award under this
program shall be applied to tuition after the application of payments
received under the tuition assistance program pursuant to section six
hundred sixty-seven of this subpart, tuition credits pursuant to section
six hundred eighty-nine-a of this article, federal Pell grant pursuant
to section one thousand seventy of title twenty of the United States
code, et seq., and any other program that covers the cost of attendance
unless exclusively for non-tuition expenses, and the award under this
program shall be reduced in the amount equal to such payments, provided
that the combined benefits do not exceed five thousand five hundred
dollars. Upon notification of an award under this program, the institu-
tion shall defer the amount of tuition. Notwithstanding paragraph h of
subdivision two of section three hundred fifty-five and paragraph (a) of
subdivision seven of section six thousand two hundred six of this chap-
ter, and any other law, rule or regulation to the contrary, the under-
graduate tuition charged by the institution to recipients of an award
shall not exceed the tuition rate established by the institution for the
two thousand sixteen--two thousand seventeen academic year provided,
however, that in the two thousand [twenty-three] TWENTY-TWO--two thou-
sand [twenty-four] TWENTY-THREE academic year and every year thereafter,
the undergraduate tuition charged by the institution to recipients of an
award shall be reset to equal the tuition rate established by the insti-
tution for the forthcoming academic year, provided further that the
tuition credit calculated pursuant to section six hundred eighty-nine-a
of this article shall be applied toward the tuition rate charged for
recipients of an award under this program. Provided further that the
state university of New York and the city university of New York shall
provide an additional tuition credit to students receiving an award to
cover the remaining cost of tuition.
§ 2. This act shall take effect immediately.
PART H
Section 1. Subdivision 5 of section 695-b of the education law, as
amended by chapter 535 of the laws of 2000, is amended to read as
follows:
5. "Eligible educational institution" shall mean (A) any institution
of higher education defined as an eligible educational institution in
section 529(e)(5) of the Internal Revenue Code of 1986, as amended, OR
(B) ANY APPRENTICESHIP PROGRAM DESCRIBED IN SECTION 529(C)(8) OF THE
INTERNAL REVENUE CODE OF 1986, AS AMENDED.
§ 2. This act shall take effect immediately.
PART I
Intentionally Omitted
PART J
Intentionally Omitted
PART K
S. 8006--C 43 A. 9006--C
Intentionally Omitted
PART L
Section 1. Subdivision 2 of section 410-u of the social services law,
as added by section 52 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
2. The state block grant for child care shall be divided into two
parts pursuant to a plan developed by the department and approved by the
director of the budget. One part shall be retained by the state to
provide child care on a statewide basis to special groups and for
activities to increase the availability and/or quality of child care
programs, including, but not limited to, the start-up of child care
programs, the operation of child care resource and referral programs,
training activities, the regulation and monitoring of child care
programs, the development of computerized data systems, and consumer
education, provided however, that child care resource and referral
programs funded under title five-B of article six of this chapter shall
meet additional performance standards developed by the department of
social services including but not limited to: increasing the number of
child care placements for persons who are at or below two hundred
PERCENT OF THE STATE INCOME STANDARD, OR THREE HUNDRED percent of the
state income standard EFFECTIVE AUGUST FIRST, TWO THOUSAND TWENTY-TWO,
PROVIDED SUCH PERSONS ARE AT OR BELOW EIGHTY-FIVE PERCENT OF THE STATE
MEDIAN INCOME, with emphasis on placements supporting local efforts in
meeting federal and state work participation requirements, increasing
technical assistance to all modalities of legal child care to persons
who are at or below two hundred PERCENT OF THE STATE INCOME STANDARD, OR
THREE HUNDRED percent of the state income standard[,] EFFECTIVE AUGUST
FIRST, TWO THOUSAND TWENTY-TWO, PROVIDED SUCH PERSONS ARE AT OR BELOW
EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME, including the provision
of training to assist providers in meeting child care standards or regu-
latory requirements, and creating new child care opportunities, and
assisting social services districts in assessing and responding to child
care needs for persons at or below two hundred PERCENT OF THE STATE
INCOME STANDARD, OR THREE HUNDRED percent of the state income standard
EFFECTIVE AUGUST FIRST, TWO THOUSAND TWENTY-TWO, PROVIDED SUCH PERSONS
ARE AT OR BELOW EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME. The
department shall have the authority to withhold funds from those agen-
cies which do not meet performance standards. Agencies whose funds are
withheld may have funds restored upon achieving performance standards.
The other part shall be allocated to social services districts to
provide child care assistance to families receiving family assistance
and to other low income families.
§ 2. Subdivisions 1 and 3 of section 410-w of the social services law,
as amended by chapter 569 of the laws of 2001, are amended a new subdi-
vision 10 is added to read as follows:
1. A social services district may use the funds allocated to it from
the block grant to provide child care assistance to:
(a) families receiving public assistance when such child care assist-
ance is necessary: to enable a parent or caretaker relative to engage in
work, participate in work activities or perform a community service
pursuant to title nine-B of article five of this chapter; to enable a
teenage parent to attend high school or other equivalent training
program; because the parent or caretaker relative is physically or
S. 8006--C 44 A. 9006--C
mentally incapacitated; or because family duties away from home necessi-
tate the parent or caretaker relative's absence; child day care shall be
provided during breaks in activities, for a period of up to two weeks.
Such child day care may be authorized for a period of up to one month if
child care arrangements shall be lost if not continued, and the program
or employment is scheduled to begin within such period;
(b) families with incomes up to two hundred PERCENT OF THE STATE
INCOME STANDARD, OR THREE HUNDRED percent of the state income standard
EFFECTIVE AUGUST FIRST, TWO THOUSAND TWENTY-TWO who are attempting
through work activities to transition off of public assistance when such
child care is necessary in order to enable a parent or caretaker rela-
tive to engage in work provided such families' public assistance has
been terminated as a result of increased hours of or income from employ-
ment or increased income from child support payments or the family
voluntarily ended assistance; [and,] provided that the family received
public assistance at least three of the six months preceding the month
in which eligibility for such assistance terminated or ended or provided
that such family has received child care assistance under subdivision
four of this section; AND PROVIDED, THE FAMILY INCOME DOES NOT EXCEED
EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME;
(c) families with incomes up to two hundred PERCENT OF THE STATE
INCOME STANDARD, OR THREE HUNDRED percent of the state income standard
EFFECTIVE AUGUST FIRST, TWO THOUSAND TWENTY-TWO, which are determined in
accordance with the regulations of the department to be at risk of
becoming dependent on family assistance; PROVIDED, THE FAMILY INCOME
DOES NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME;
(d) families with incomes up to two hundred PERCENT OF THE STATE
INCOME STANDARD, OR THREE HUNDRED percent of the state income standard
EFFECTIVE AUGUST FIRST, TWO THOUSAND TWENTY-TWO, who are attending a
post secondary educational program [and working at least seventeen and
one-half hours per week]; PROVIDED, THE FAMILY INCOME DOES NOT EXCEED
EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME; and
(e) other families with incomes up to two hundred PERCENT OF THE STATE
INCOME STANDARD, OR THREE HUNDRED percent of the state income standard
EFFECTIVE AUGUST FIRST, TWO THOUSAND TWENTY-TWO, which the social
services district designates in its consolidated services plan as eligi-
ble for child care assistance in accordance with criteria established by
the department; PROVIDED, THE FAMILY INCOME DOES NOT EXCEED EIGHTY-FIVE
PERCENT OF THE STATE MEDIAN INCOME.
3. A social services district shall guarantee child care assistance to
families in receipt of public assistance with children under thirteen
years of age when such child care assistance is necessary for a parent
or caretaker relative to engage in work or participate in work activ-
ities pursuant to the provisions of title nine-B of article five of this
chapter. Child care assistance shall continue to be guaranteed for such
a family for a period of twelve months after the month in which the
family's eligibility for public assistance has terminated or ended when
such child care is necessary in order to enable the parent or caretaker
relative to engage in work, provided that the family's public assistance
has been terminated as a result of an increase in the hours of or income
from employment or increased income from child support payments or
because the family voluntarily ended assistance; that the family
received public assistance in at least three of the six months preceding
the month in which eligibility for such assistance terminated or ended
or provided that such family has received child care assistance under
subdivision four of this section; [and] that the family's income does
S. 8006--C 45 A. 9006--C
not exceed two hundred PERCENT OF THE STATE INCOME STANDARD, OR THREE
HUNDRED percent of the state income standard EFFECTIVE AUGUST FIRST, TWO
THOUSAND TWENTY-TWO; AND THAT THE FAMILY INCOME DOES NOT EXCEED EIGHTY-
FIVE PERCENT OF THE STATE MEDIAN INCOME. Such child day care shall
recognize the need for continuity of care for the child and a district
shall not move a child from an existing provider unless the participant
consents to such move.
10. FOR THE PURPOSES OF THIS SECTION, THE TERM "STATE MEDIAN INCOME"
MEANS THE MOST RECENT STATE MEDIAN INCOME DATA PUBLISHED BY THE BUREAU
OF THE CENSUS, FOR A FAMILY OF THE SAME SIZE, UPDATED BY THE DEPARTMENT
FOR A FAMILY SIZE OF FOUR AND ADJUSTED BY THE DEPARTMENT FOR FAMILY
SIZE.
§ 3. This act shall take effect immediately; provided, however, that
section two of this act shall take effect June 1, 2022.
PART M
Section 1. Section 3 of part N of chapter 56 of the laws of 2020,
amending the social services law relating to restructuring financing for
residential school placements, as amended by section 1 of part I of
chapter 56 of the laws of 2021, is amended to read as follows:
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed April 1, [2022] 2023; provided however that the amend-
ments to subdivision 10 of section 153 of the social services law made
by section one of this act, shall not affect the expiration of such
subdivision and shall be deemed to expire therewith.
§ 2. This act shall take effect immediately.
PART N
Section 1. Section 28 of part C of chapter 83 of the laws of 2002,
amending the executive law and other laws relating to funding for chil-
dren and family services, as amended by section 1 of subpart A of part K
of chapter 56 of the laws of 2017, is amended to read as follows:
§ 28. This act shall take effect immediately; provided that sections
nine through eighteen and twenty through twenty-seven of this act shall
be deemed to have been in full force and effect on and after April 1,
2002; provided, however, that section fifteen of this act shall apply to
claims that are otherwise reimbursable by the state on or after April 1,
2002 except as provided in subdivision 9 of section 153-k of the social
services law as added by section fifteen of this act; provided further
however, that nothing in this act shall authorize the office of children
and family services to deny state reimbursement to a social services
district for violations of the provisions of section 153-d of the social
services law for services provided from January 1, 1994 through March
31, 2002; provided that section nineteen of this act shall take effect
September 13, 2002 and shall expire and be deemed repealed June 30,
2012; and, provided further, however, that notwithstanding any law to
the contrary, the office of children and family services shall have the
authority to promulgate, on an emergency basis, any rules and regu-
lations necessary to implement the requirements established pursuant to
this act; provided further, however, that the regulations to be devel-
oped pursuant to section one of this act shall not be adopted by emer-
gency rule; and provided further that the provisions of sections nine
through eighteen and twenty through twenty-seven of this act shall
expire and be deemed repealed on June 30, [2022] 2027.
S. 8006--C 46 A. 9006--C
§ 2. This act shall take effect immediately.
PART O
Section 1. Section 398-a of the social services law is amended by
adding a new subdivision 2-c to read as follows:
(2-C) THOSE SOCIAL SERVICES DISTRICTS THAT AS OF JULY FIRST, TWO THOU-
SAND TWENTY-TWO WERE PAYING AT LEAST ONE HUNDRED PERCENT OF THE APPLICA-
BLE RATES PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR
THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE RATE YEAR FOR
CARE PROVIDED TO FOSTER CHILDREN IN REGULAR, THERAPEUTIC, SPECIAL NEEDS,
AND EMERGENCY FOSTER BOARDING HOMES SHALL PAY FOR THE TWO THOUSAND TWEN-
TY-TWO--TWO THOUSAND TWENTY-THREE RATE YEAR AND FOR EACH SUBSEQUENT RATE
YEAR THEREAFTER AT LEAST ONE HUNDRED PERCENT OF THE APPLICABLE RATES
PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THAT RATE
YEAR. THOSE SOCIAL SERVICES DISTRICTS THAT AS OF JULY FIRST, TWO THOU-
SAND TWENTY-TWO WERE PAYING LESS THAN THE APPLICABLE RATES PUBLISHED BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE TWO THOUSAND TWENTY-
TWO--TWO THOUSAND TWENTY-THREE RATE YEAR FOR CARE PROVIDED TO FOSTER
CHILDREN IN REGULAR, THERAPEUTIC, SPECIAL NEEDS AND EMERGENCY FOSTER
BOARDING HOMES SHALL INCREASE THEIR RATES OF PAYMENT SO THAT: EFFECTIVE
JULY FIRST, TWO THOUSAND TWENTY-TWO THE DIFFERENCE BETWEEN THE PERCENT-
AGE OF THE APPLICABLE RATES PUBLISHED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-
THREE RATE YEAR AND THE RATES SUCH DISTRICTS ARE PAYING IS AT LEAST
ONE-HALF LESS THAN THE DIFFERENCE BETWEEN THE PERCENTAGE OF THE APPLICA-
BLE RATES PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR
THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE RATE YEAR AND THE
RATES THAT SUCH DISTRICTS WERE PAYING FOR SUCH PROGRAMS ON JULY FIRST,
TWO THOUSAND TWENTY-TWO; AND EFFECTIVE JULY FIRST, TWO THOUSAND TWENTY-
THREE FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR RATE
YEAR AND FOR EACH SUBSEQUENT YEAR THEREAFTER ALL SOCIAL SERVICES
DISTRICTS SHALL PAY AT LEAST ONE HUNDRED PERCENT OF THE APPLICABLE RATES
PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE APPLICA-
BLE RATE YEAR.
§ 2. This act shall take effect immediately.
PART P
Intentionally Omitted
PART Q
Intentionally Omitted
PART R
Section 1. Subdivision 1 of section 359 of the executive law, as
amended by section 42 of part AA of chapter 56 of the laws of 2019, is
amended to read as follows:
1. A local director shall designate the location of the local and
branch offices of the local veterans' service agency within his or her
jurisdiction, which offices shall be open during convenient hours. The
cost of maintenance and operation of a county veterans' service agency
S. 8006--C 47 A. 9006--C
shall be a county charge and the cost of maintenance and operation of a
city veterans' service agency shall be a city charge, excepting that the
state director with the approval of the veterans' services commission
shall allot and pay, from state moneys made available to him or her for
such purposes, to each county veterans' service agency and each city
veterans' service agency, an amount equal to fifty per centum of its
expenditures for maintenance and operation approved by the state direc-
tor, provided that in no event shall the amount allotted and paid for
such approved expenditures incurred in any given year exceed (1) in the
case of any county veterans' service agency in a county having a popu-
lation of not more than one hundred thousand or in the case of any city
veterans' service agency in a city having a population of not more than
one hundred thousand, the sum of [ten] TWENTY-FIVE thousand dollars, nor
(2) in the case of any county veterans' service agency in a county
having a population in excess of one hundred thousand excluding the
population of any city therein which has a city veterans' service agen-
cy, the sum of [ten] TWENTY-FIVE thousand dollars, and, in addition
thereto, the sum of five thousand dollars for each one hundred thousand,
or major portion thereof, of the population of the county in excess of
one hundred thousand excluding the population of any city therein which
has a city veterans' service agency, nor (3) in the case of any city
veterans' service agency in a city having a population in excess of one
hundred thousand, the sum of [ten] TWENTY-FIVE thousand dollars, and, in
addition thereto, the sum of five thousand dollars for each one hundred
thousand, or major portion thereof, of the population of the city in
excess of one hundred thousand. Such population shall be certified in
the same manner as provided by section fifty-four of the state finance
law.
§ 2. This act shall take effect immediately and shall apply to all
expenditures made on and after April 1, 2022.
PART S
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 131-o of the social services law, as amended by section 1 of
part P of chapter 56 of the laws of 2021, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$152.00] $161.00 for each month beginning on or after
January first, two thousand [twenty-one] TWENTY-TWO.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$176.00] $186.00 for each month beginning on
or after January first, two thousand [twenty-one] TWENTY-TWO.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$210.00] $222.00 for each month
beginning on or after January first, two thousand [twenty-one] TWENTY-
TWO.
(d) for the period commencing January first, two thousand [twenty-two]
TWENTY-THREE, the monthly personal needs allowance shall be an amount
equal to the sum of the amounts set forth in subparagraphs one and two
of this paragraph:
(1) the amounts specified in paragraphs (a), (b) and (c) of this
subdivision; and
(2) the amount in subparagraph one of this paragraph, multiplied by
the percentage of any federal supplemental security income cost of
living adjustment which becomes effective on or after January first, two
S. 8006--C 48 A. 9006--C
thousand [twenty-two] TWENTY-THREE, but prior to June thirtieth, two
thousand [twenty-two] TWENTY-THREE, rounded to the nearest whole dollar.
§ 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
P of chapter 56 of the laws of 2021, are amended to read as follows:
(a) On and after January first, two thousand [twenty-one] TWENTY-TWO,
for an eligible individual living alone, [$881.00] $928.00; and for an
eligible couple living alone, [$1,295.00] $1,365.00.
(b) On and after January first, two thousand [twenty-one] TWENTY-TWO,
for an eligible individual living with others with or without in-kind
income, [$817.00] $864.00; and for an eligible couple living with others
with or without in-kind income, [$1,237.00] $1,307.00.
(c) On and after January first, two thousand [twenty-one] TWENTY-TWO,
(i) for an eligible individual receiving family care, [$1,060.48]
$1,107.48 if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
eligible couple receiving family care in the city of New York or the
county of Nassau, Suffolk, Westchester or Rockland, two times the amount
set forth in subparagraph (i) of this paragraph; or (iii) for an eligi-
ble individual receiving such care in any other county in the state,
[$1,022.48] $1,069.48; and (iv) for an eligible couple receiving such
care in any other county in the state, two times the amount set forth in
subparagraph (iii) of this paragraph.
(d) On and after January first, two thousand [twenty-one] TWENTY-TWO,
(i) for an eligible individual receiving residential care, [$1,229.00]
$1,276.00 if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
eligible couple receiving residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland, two times the
amount set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care in any other county in the
state, [$1,199.00] $1,246.00; and (iv) for an eligible couple receiving
such care in any other county in the state, two times the amount set
forth in subparagraph (iii) of this paragraph.
(e) On and after January first, two thousand [twenty-one] TWENTY-TWO,
(i) for an eligible individual receiving enhanced residential care,
[$1,488.00] $1,535.00; and (ii) for an eligible couple receiving
enhanced residential care, two times the amount set forth in subpara-
graph (i) of this paragraph.
(f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [twenty-two] TWENTY-
THREE but prior to June thirtieth, two thousand [twenty-two] TWENTY-
THREE.
§ 3. This act shall take effect December 31, 2022.
PART T
Section 1. Section 4 of part W of chapter 54 of the laws of 2016, as
amended by section 1 of part M of chapter 56 of the laws of 2019, amend-
ing the social services law relating to the powers and duties of the
commissioner of social services relating to the appointment of a tempo-
rary operator, is amended to read as follows:
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016, provided
S. 8006--C 49 A. 9006--C
further that this act shall expire and be deemed repealed March 31,
[2022] 2025.
§ 2. This act shall take effect immediately.
PART U
Section 1. Subdivision 4 of section 158 of the social services law, as
amended by section 44 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
4. Social services officials shall determine eligibility for safety
net assistance within [forty-five] THIRTY days of receiving an applica-
tion for safety net assistance. Such officials shall notify applicants
of safety net assistance about the availability of assistance to meet
emergency circumstances or to prevent eviction.
§ 2. Subdivision 8 of section 153 of the social services law, as
amended by chapter 41 of the laws of 1992, is amended to read as
follows:
8. Any inconsistent provision of the law or regulation of the depart-
ment notwithstanding, state reimbursement shall not be made for any
expenditure made for the duplication of any grant and allowance for any
period, except as authorized by subdivision eleven of section one
hundred thirty-one of this chapter[, or for any home relief payment made
for periods prior to forty-five days after the filing of an application
unless the district determines pursuant to department regulations that
such assistance is required to meet emergency circumstances or prevent
eviction]. Notwithstanding any other provision of law, social services
districts are not required to provide [home relief] SAFETY NET ASSIST-
ANCE to any person, otherwise eligible, if state reimbursement is not
available in accordance with this subdivision.
§ 3. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 8 of
section 131-a of the social services law, subparagraph (ii) as amended
by section 12 of part B of chapter 436 of the laws of 1997 and subpara-
graph (iii) as amended by chapter 246 of the laws of 2002, are amended
to read as follows:
(ii) FIFTY PERCENT OF THE EARNED INCOME FOR SUCH MONTH OF ANY RECIPI-
ENT; PROVIDED, HOWEVER, THAT SUCH PERCENTAGE AMOUNT SHALL BE ADJUSTED IN
JUNE OF EACH YEAR TO REFLECT CHANGES IN THE MOST RECENTLY ISSUED POVERTY
GUIDELINES OF THE UNITED STATES BUREAU OF THE CENSUS, SUCH THAT A HOUSE-
HOLD OF THREE WITHOUT SPECIAL NEEDS, LIVING IN A HEATED APARTMENT IN NEW
YORK CITY AND WITHOUT UNEARNED INCOME WOULD BECOME INELIGIBLE FOR
ASSISTANCE WITH GROSS EARNINGS EQUAL TO THE POVERTY LEVEL IN SUCH GUIDE-
LINES;
(III) from the earned income of any child, APPLICANT, RECIPIENT, or
relative applying for or receiving aid pursuant to such program, or of
any other individual living in the same household as such relative and
child whose needs are taken into account in making such determination,
[the first ninety] ONE HUNDRED FIFTY dollars of the [total of such]
earned income for such month THAT REMAINS AFTER APPLICATION OF SUBPARA-
GRAPH (II) OF THIS PARAGRAPH;
[(iii) forty-two percent of the earned income for such month of any
recipient in a household containing a dependent child which remains
after application of all other subparagraphs of this paragraph;
provided, however, that such percentage amount shall be adjusted in June
of each year, commencing in nineteen hundred ninety-eight, to reflect
changes in the most recently issued poverty guidelines of the United
States Bureau of the Census, such that a household of three without
S. 8006--C 50 A. 9006--C
special needs, living in a heated apartment in New York city and without
unearned income would become ineligible for assistance with gross earn-
ings equal to the poverty level in such guidelines; provided, however,
that no assistance shall be given to any household with gross earned and
unearned income, exclusive of income described in subparagraphs (i) and
(vi) of this paragraph, in excess of such poverty level;]
§ 4. Subdivision 10 of section 131-a of the social services law is
REPEALED.
§ 5. Subdivision 1 of section 131-n of the social services law, as
separately amended by chapters 323 and 329 of the laws of 2019, is
amended to read as follows:
1. The following resources shall be exempt and disregarded in calcu-
lating the amount of benefits of any household under any public assist-
ance program: (a) cash and liquid or nonliquid resources up to two thou-
sand FIVE HUNDRED dollars for applicants, [or] three thousand SEVEN
HUNDRED FIFTY dollars FOR APPLICANTS in [the case of] households in
which any member is sixty years of age or older OR IS DISABLED OR TEN
THOUSAND DOLLARS FOR RECIPIENTS, (b) an amount up to four thousand six
hundred fifty dollars in a separate bank account established by an indi-
vidual while currently in receipt of assistance for the sole purpose of
enabling the individual to purchase a first or replacement vehicle for
the recipient to seek, obtain or maintain employment, so long as the
funds are not used for any other purpose, (c) an amount up to one thou-
sand four hundred dollars in a separate bank account established by an
individual while currently in receipt of assistance for the purpose of
paying tuition at a two-year or four-year accredited post-secondary
educational institution, so long as the funds are not used for any other
purpose, (d) the home which is the usual residence of the household, (e)
one automobile, up to ten thousand dollars fair market value, through
March thirty-first, two thousand seventeen; one automobile, up to eleven
thousand dollars fair market value, from April first, two thousand
seventeen through March thirty-first, two thousand eighteen; and one
automobile, up to twelve thousand dollars fair market value, beginning
April first, two thousand eighteen and thereafter, or such other higher
dollar value as the local social services district may elect to adopt,
(f) one burial plot per household member as defined in department regu-
lations, (g) bona fide funeral agreements up to a total of one thousand
five hundred dollars in equity value per household member, (h) funds in
an individual development account established in accordance with subdi-
vision five of section three hundred fifty-eight of this chapter and
section four hundred three of the social security act, (i) for a period
of six months, real property which the household is making a good faith
effort to sell, in accordance with department regulations and tangible
personal property necessary for business or for employment purposes in
accordance with department regulations, and (j) funds in a qualified
tuition program that satisfies the requirement of section 529 of the
Internal Revenue Code of 1986, as amended, and [(j)] (K) funds in a New
York achieving a better life experience savings account established in
accordance with article eighty-four of the mental hygiene law.
If federal law or regulations require the exemption or disregard of
additional income and resources in determining need for family assist-
ance, or medical assistance not exempted or disregarded pursuant to any
other provision of this chapter, the department may, by regulations
subject to the approval of the director of the budget, require social
services officials to exempt or disregard such income and resources.
S. 8006--C 51 A. 9006--C
Refunds resulting from earned income tax credits shall be disregarded in
public assistance programs.
§ 6. This act shall take effect October 1, 2022; provided, however,
that effective immediately, any percentage adjustments reflecting chang-
es in the poverty guidelines of the United States Bureau of the Census
required in subparagraph (iii) of paragraph (a) of subdivision 8 of
section 131-a of the social services law through September 30, 2022, and
in subparagraph (ii) of paragraph (a) of subdivision 8 of section 131-a
of the social services law on and after October 1, 2022, shall not take
effect in the year 2022; and provided further that the amendments to
subdivision 1 of section 131-n of the social services law made by
section five of this act shall not affect the expiration of such section
and shall be deemed to expire therewith.
PART V
Intentionally Omitted
PART W
Intentionally Omitted
PART X
Intentionally Omitted
PART Y
Intentionally Omitted
PART Z
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the neighborhood
preservation program, a sum not to exceed $12,930,000 for the fiscal
year ending March 31, 2023. Within this total amount, $250,000 shall be
used for the purpose of entering into a contract with the neighborhood
preservation coalition to provide technical assistance and services to
companies funded pursuant to article 16 of the private housing finance
law. Notwithstanding any other provision of law, and subject to the
approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with neighborhood preservation program
contracts authorized by this section, a total sum not to exceed
$12,930,000, 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 deter-
mined and certified by the state of New York mortgage agency for the
fiscal year 2021-2022 in accordance with section 2429-b of the public
authorities law, if any, and/or (ii) provided that the reserves in the
S. 8006--C 52 A. 9006--C
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 state of
New York mortgage agency) required to accomplish the purposes of such
account, the project pool insurance account of the mortgage insurance
fund, such transfer to be made as soon as practicable but no later than
June 30, 2022.
§ 2. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural preservation
program, a sum not to exceed $5,460,000 for the fiscal year ending March
31, 2023. Within this total amount, $250,000 shall be used for the
purpose of entering into a contract with the rural housing coalition
to provide technical assistance and services to companies funded pursu-
ant to article 17 of the private housing finance law. Notwithstanding
any other provision of law, and subject to the approval of the New York
state director of the budget, the board of directors of the state of New
York mortgage agency shall authorize the transfer to the housing trust
fund corporation, for the purposes of reimbursing any costs associated
with rural preservation program contracts authorized by this section, a
total sum not to exceed $5,460,000, 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 insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2021-2022 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 state of New York mortgage agency) required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2022.
§ 3. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural rental assist-
ance program pursuant to article 17-A of the private housing finance
law, a sum not to exceed $21,630,000 for the fiscal year ending March
31, 2023. Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with rural rental assistance program
contracts authorized by this section, a total sum not to exceed
$21,630,000, 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 deter-
mined and certified by the state of New York mortgage agency for the
fiscal year 2021-2022 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 state of
New York mortgage agency, required to accomplish the purposes of such
account, the project pool insurance account of the mortgage insurance
S. 8006--C 53 A. 9006--C
fund, such transfer shall be made as soon as practicable but no later
than June 30, 2022.
§ 4. This act shall take effect immediately.
PART AA
Intentionally Omitted
PART BB
Intentionally Omitted
PART CC
Intentionally Omitted
PART DD
Intentionally Omitted
PART EE
Intentionally Omitted
PART FF
Intentionally Omitted
PART GG
Section 1. The executive law is amended by adding a new section 202-a
to read as follows:
§ 202-A. LANGUAGE TRANSLATION SERVICES. 1. EACH STATE AGENCY THAT
PROVIDES DIRECT PUBLIC SERVICES IN NEW YORK STATE SHALL TRANSLATE ALL
VITAL DOCUMENTS RELEVANT TO SERVICES OFFERED BY THE AGENCY INTO THE
TWELVE MOST COMMON NON-ENGLISH LANGUAGES SPOKEN BY LIMITED-ENGLISH
PROFICIENT INDIVIDUALS IN THE STATE, BASED ON THE DATA IN THE MOST
RECENT AMERICAN COMMUNITY SURVEY PUBLISHED BY UNITED STATES CENSUS
BUREAU. AGENCIES SUBJECT TO THIS SECTION, IN THEIR DISCRETION, MAY OFFER
UP TO FOUR ADDITIONAL LANGUAGES BEYOND THE TWELVE MOST COMMON LANGUAGES.
SUCH ADDITIONAL LANGUAGES SHALL BE DECIDED BY THE STATE AGENCY IN
CONSULTATION WITH THE OFFICE OF GENERAL SERVICES AND APPROVED BY THE
OFFICE OF GENERAL SERVICES BASED ON THE NUMBER OF LIMITED-ENGLISH PROFI-
CIENT IMMIGRANTS OF FIVE YEARS OR LESS IN NEW YORK STATE IN NEED OF
LANGUAGE TRANSLATION SERVICES ACCORDING TO THE AMERICAN COMMUNITY
SURVEY, INCLUDING THE GROWTH OF RECENT ARRIVAL POPULATIONS IN THE
GEOGRAPHIC REGIONS IN WHICH THE AGENCY'S SERVICES ARE OFFERED, THE POPU-
LATION OF LIMITED-ENGLISH PROFICIENT INDIVIDUALS SERVED BY THE AGENCY,
FEEDBACK FROM IMPACTED COMMUNITY OR ADVOCACY GROUPS, AND ANY OTHER RELE-
VANT DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU.
S. 8006--C 54 A. 9006--C
2. EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL DESIG-
NATE A LANGUAGE ACCESS COORDINATOR WHO WILL WORK WITH THE OFFICE OF
GENERAL SERVICES TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS
SECTION.
3. EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL DEVELOP
A LANGUAGE ACCESS PLAN AND SUBMIT SUCH PLAN TO THE OFFICE OF GENERAL
SERVICES.
(A) AN AGENCY'S INITIAL LANGUAGE ACCESS PLAN SHALL BE ISSUED BY THE
AGENCY WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
(B) LANGUAGE ACCESS PLANS SHALL BE UPDATED AND REISSUED EVERY TWO
YEARS ON OR BEFORE JANUARY FIRST.
(C) LANGUAGE ACCESS PLANS SHALL SET FORTH, AT A MINIMUM:
(I) WHEN AND BY WHAT MEANS THE AGENCY WILL PROVIDE OR IS ALREADY
PROVIDING LANGUAGE ASSISTANCE SERVICES;
(II) THE TITLES OF ALL AVAILABLE TRANSLATED DOCUMENTS AND THE
LANGUAGES INTO WHICH THEY HAVE BEEN TRANSLATED;
(III) THE NUMBER OF PUBLIC CONTACT POSITIONS IN THE AGENCY AND THE
NUMBER OF BILINGUAL EMPLOYEES IN PUBLIC CONTACT POSITIONS, AND THE
LANGUAGES SUCH EMPLOYEES SPEAK;
(IV) A TRAINING PLAN FOR AGENCY EMPLOYEES WHICH INCLUDES, AT MINIMUM,
ANNUAL TRAINING ON THE LANGUAGE ACCESS POLICIES OF THE AGENCY AND TRAIN-
ING IN HOW TO PROVIDE LANGUAGE ASSISTANCE SERVICES;
(V) A PLAN FOR ANNUAL INTERNAL MONITORING OF THE AGENCY'S COMPLIANCE
WITH THIS SECTION;
(VI) A DESCRIPTION OF HOW THE AGENCY INTENDS TO NOTIFY THE PUBLIC OF
THE AGENCY'S OFFERED LANGUAGE ASSISTANCE SERVICES;
(VII) AN ASSESSMENT OF THE AGENCY'S SERVICE POPULATIONS TO DETERMINE
WHETHER ADDITIONAL LANGUAGES OF TRANSLATION SHOULD BE ADDED BEYOND THE
TOP TWELVE LANGUAGES;
(VIII) AN EXPLANATION AS TO HOW THE AGENCY DETERMINED IT WOULD PROVIDE
ANY ADDITIONAL LANGUAGE BEYOND THE TOP TWELVE LANGUAGES REQUIRED BY THIS
SECTION; AND
(IX) THE IDENTITY OF THE AGENCY'S LANGUAGE ACCESS COORDINATOR.
4. EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL:
(A) PROVIDE INTERPRETATION SERVICES BETWEEN THE AGENCY AND AN INDIVID-
UAL IN EACH INDIVIDUAL'S PRIMARY LANGUAGE WITH RESPECT TO THE PROVISION
OF SERVICES OR BENEFITS BY THE AGENCY; AND
(B) PUBLISH THE AGENCY'S LANGUAGE ACCESS PLAN ON THE AGENCY'S WEBSITE.
5. FOR PURPOSES OF THIS SECTION, "VITAL DOCUMENT" MEANS ANY PAPER OR
DIGITAL DOCUMENT THAT CONTAINS INFORMATION THAT IS CRITICAL FOR OBTAIN-
ING AGENCY SERVICES OR BENEFITS OR IS OTHERWISE REQUIRED TO BE COMPLETED
BY LAW.
6. THE OFFICE OF GENERAL SERVICES WILL ENSURE AGENCY COMPLIANCE WITH
THIS SECTION AND SHALL PREPARE AN ANNUAL REPORT, WHICH SHALL BE MADE
PUBLIC ON THE OFFICE OF GENERAL SERVICES WEBSITE, DETAILING EACH AGEN-
CY'S PROGRESS AND COMPLIANCE WITH THIS SECTION.
§ 2. This act shall take effect July 1, 2022.
PART HH
Section 1. Section 211 of the retirement and social security law is
amended by adding a new subdivision 9 to read as follows:
9. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, SECTIONS TWO
HUNDRED TWELVE AND FOUR HUNDRED ONE OF THIS CHAPTER AND SECTION FIVE
HUNDRED THREE OF THE EDUCATION LAW AND ANY OTHER LAW, REGULATION, RULE,
LOCAL LAW, OR CHARTER TO THE CONTRARY, A RETIRED PERSON MAY BE EMPLOYED
S. 8006--C 55 A. 9006--C
AND EARN COMPENSATION IN A POSITION OR POSITIONS IN THE SERVICE OF A
SCHOOL DISTRICT OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES IN THE
STATE WITHOUT ANY EFFECT ON HIS OR HER STATUS AS RETIRED AND WITHOUT
SUSPENSION OR DIMINUTION OF HIS OR HER RETIREMENT ALLOWANCE AND WITHOUT
PRIOR APPROVAL PURSUANT TO SUBDIVISION TWO OF THIS SECTION. EARNINGS
RECEIVED AS A RESULT OF EMPLOYMENT IN A SCHOOL DISTRICT OR A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES IN THE STATE SHALL NOT BE APPLIED TO A
RETIRED PERSON'S EARNINGS WHEN CALCULATING THE EARNINGS LIMITATIONS
IMPOSED BY SUBDIVISIONS ONE AND TWO OF SECTION TWO HUNDRED TWELVE OF
THIS ARTICLE.
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed June 30, 2023.
PART II
Intentionally Omitted
PART JJ
Section 1. Section 33 of chapter 277 of the laws of 2021 amending the
labor law relating to the calculation of weekly employment insurance
benefits for workers who are partially unemployed, as amended by chapter
305 of the laws of 2021, is amended to read as follows:
§ 33. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that sections one through thirty
of this act shall take effect on April 1, [2022] 2023 or thirty days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the amend-
ments in this act, whichever occurs earlier; provided that section thir-
ty-one of this act shall take effect on the thirtieth day after it shall
have become a law and shall be applicable to new claims on such date and
thereafter and shall be deemed repealed on the same date as the remain-
ing provisions of this act take effect. In a manner consistent with the
provisions of this section, the commissioner of labor shall notify the
legislative bill drafting commission upon issuing his or her certif-
ication in order that the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of New
York in furtherance of effecting the provisions of section 44 of the
legislative law and section 70-b of the public officers law, and
provided further that the amendments to subdivision 1 of section 591 of
the labor law made by section twelve of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 10 of
chapter 413 of the laws of 2003, as amended, when upon such date the
provisions of section thirteen of this act shall take effect; provided
further that the amendments to section 591-a of the labor law made by
section fifteen of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
§ 2. This act shall take effect immediately.
PART KK
Section 1. The office of temporary and disability assistance shall
develop program materials which will be made available to utilities and
community agencies for the purpose of informing the public about the
availability of existing and new utility assistance programs. Local
S. 8006--C 56 A. 9006--C
social service districts may contract for the provision of an outreach
program to inform potentially eligible households of the availability of
assistance pursuant to section 131-s of the social services law.
§ 2. This act shall take effect immediately.
PART LL
Section 1. Section 36-c of the social services law is amended by
adding a new subdivision 5 to read as follows:
5. UPON THE EFFECTIVE DATE OF THIS SUBDIVISION, SUCH SOCIAL SERVICES
DISTRICT SHALL SUSPEND IMPLEMENTATION OF THE DEMONSTRATION PROGRAM,
PROVIDED THAT (A) THE RECIPIENT'S NEED FOR THE SHELTER COMPONENT OF
TEMPORARY HOUSING ASSISTANCE SHALL NOT BE REDUCED BY THE PORTION OF A
RECIPIENT'S EARNED INCOME THAT THE RECIPIENT WOULD HAVE BEEN REQUIRED
UNDER SUBDIVISION TWO OF THIS SECTION TO DEPOSIT IN A SAVINGS PLAN, AND
(B) FUNDS COLLECTED FROM RECIPIENTS PURSUANT TO THIS SECTION PRIOR TO
THE EFFECTIVE DATE OF THIS SUBDIVISION SHALL CONTINUE TO BE TREATED AND
MADE PAYABLE TO RECIPIENTS IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
SION THREE OF THIS SECTION.
§ 2. Subdivision c of section 2 of part K of chapter 58 of the laws of
2010 amending the social services law relating to establishing the
savings plan demonstration project, as amended by section 2 of part DD
of chapter 56 of the laws of 2018, is amended to read as follows:
c. this act shall expire and be deemed repealed March 31, [2022] 2030.
§ 3. This act shall take effect immediately, provided, however, that
the amendments to section 36-c of the social services law made by
section one of this act shall not affect the expiration and repeal of
such section and shall be deemed to expire and repeal therewith.
PART MM
Section 1. Section 106 of the social services law is REPEALED.
§ 2. This act shall take effect immediately.
PART NN
Section 1. By September 1, 2023, the state university of New York and
the city university of New York shall each submit a report to the gover-
nor, the temporary president of the senate, and the speaker of the
assembly detailing the hiring of faculty at their respective insti-
tutions in the two thousand twenty-two-two thousand twenty-three academ-
ic year pursuant to any state funding appropriated for such purposes.
Such report shall include, but not be limited to, the following informa-
tion:
1. the number of faculty hired, including a breakdown, by campus, of
the number of full-time tenured faculty, full-time tenure-track faculty,
full-time non-tenure track faculty, part-time faculty, adjunct faculty,
lecturers, visiting faculty, and any other related position;
2. the number of unfilled faculty positions at each campus;
3. the ratio of full-time faculty to full-time equivalent students at
each campus;
4. the number of credit hours taught by full-time faculty, per year;
5. the number of credit hours taught by part-time faculty, per year;
and
S. 8006--C 57 A. 9006--C
6. deidentified demographic data of faculty hired, including but not
limited to age, race, gender, military or veteran status, and disabled
status.
§ 2. This act shall take effect immediately.
PART OO
Section 1. Paragraph b of subdivision 3 of section 679-c of the educa-
tion law, as amended by section 1 of part E-3 of chapter 57 of the laws
of 2007, is amended to read as follows:
b. [The total cost of the Senator Patricia K. McGee nursing faculty
scholarship program shall not exceed an annual cost of two million
dollars, and no] NO annual award shall exceed twenty thousand dollars.
§ 2. Subdivision 3 of section 679-f of the education law, as added by
section 1 of part Y of chapter 56 of the laws of 2014, is amended to
read as follows:
3. Awards. [No greater than ten awards] AWARDS shall be granted to
qualified applicants in the amount of up to ten thousand dollars per
year, per applicant, not to exceed a duration of five years and not to
exceed the total amount of such applicant's student loan debt. The
corporation shall grant such awards within amounts appropriated for such
purposes and based on the availability of funds. No one applicant shall
receive more than a total of fifty thousand dollars upon the end of a
five year period.
§ 3. This act shall take effect immediately.
PART PP
Section 1. Articles 17, 17-A and 17-B of the executive law and subdi-
vision 1-c of section 247 of the military law are REPEALED.
§ 2. Chapter 13 of the consolidated laws is enacted to read as
follows:
CHAPTER 13 OF THE CONSOLIDATED LAWS
VETERANS' SERVICES
ARTICLE 1
DEPARTMENT OF VETERANS' SERVICES
Section 1. Definitions.
2. Department of veterans' services.
3. Veterans' services commission.
4. General functions, powers and duties of department.
5. Veteran speaker education program.
6. Cooperation and facilities of other departments.
7. Information on status of veterans receiving assistance.
8. New York state supplemental burial allowance for members of
the uniformed services of the United States killed in
combat or duty subject to hostile fire or imminent danger,
as defined in 37 USC § 310.
9. New York state veteran burial fund.
10. Time within which marriage may be solemnized; member of the
uniformed services.
11. Use of personal confidential information obtained from
veterans or family members of veterans receiving services
from the state and political subdivisions thereof.
12. Acceptance of gifts.
13. State veterans' service agency.
14. Local veterans' service agencies.
S. 8006--C 58 A. 9006--C
15. Powers and duties of local veterans' service agencies.
16. Location and cost of local veterans' service agencies; depu-
ty local directors.
17. Local veterans' service committees.
18. Appropriations for expenses and activities of local veter-
ans' service agencies.
19. Women veterans coordinator.
20. Women veterans advisory committee.
21. Creation of annuity.
22. Evidence of entitlement.
23. Persons who may receive annuity.
24. New York state veterans' cemeteries.
25. Veterans health screening.
26. Payment to parents of veterans.
27. Cremated remains of a veteran.
28. New York state silver rose veterans service certificate.
29. Intake forms for admission and residency.
§ 1. Definitions. When used in this article:
1. The term "department" means the department of veterans' services.
2. The term "state commissioner" means the New York state commissioner
of veterans' services.
3. The term "veteran" means a person who served on active duty in the
uniformed services of the United States, or in the army national guard,
air national guard, or service as a commissioned officer in the public
health service, commissioned officer of the national oceanic and atmo-
spheric administration or environmental sciences services adminis-
tration, cadet at a United States armed forces service academy, and who
has been released from such service under other than dishonorable condi-
tions.
4. The term "uniformed services" means the army, navy, marine corps,
air force, space force, coast guard, public health commissioned corps,
and the national oceanic and atmospheric administration commissioned
officer corps of the United States.
5. The term "local director" means the director of a county or city
veterans' service agency.
6. The term "county director" means a local director of a county
veterans' service agency.
7. The term "city director" means a local director of a city veterans'
service agency.
8. The term "qualifying condition" means a diagnosis of post-traumatic
stress disorder or traumatic brain injury made by, or an experience of
military sexual trauma, as described in 38 USC 1720D, as amended from
time to time, disclosed to, an individual licensed to provide health
care services at a United States Department of Veterans Affairs facility
or an individual licensed to provide health care services within the
state of New York. The department shall develop a standardized form used
to confirm that the veteran has a qualifying condition under this subdi-
vision.
9. The term "discharged LGBT veteran" means a veteran who was
discharged less than honorably from the uniformed services due to their
sexual orientation or gender identity or expression, as those terms are
defined in section two hundred ninety-two of the executive law, or
statements, consensual sexual conduct, or consensual acts relating to
sexual orientation, gender identity or expression, or the disclosure of
such statements, conduct, or acts, that were prohibited by the branch of
the uniformed services at the time of discharge. The department shall
S. 8006--C 59 A. 9006--C
establish a consistent and uniform process to determine whether a veter-
an qualifies as a discharged LGBT veteran under this subdivision,
including, at a minimum, standards for verifying a veteran's status as a
discharged LGBT veteran, and a method of demonstrating eligibility as a
discharged LGBT veteran.
§ 2. Department of veterans' services. There is hereby created a
department of veterans' services. The head of such department shall be
the New York state commissioner of veterans' services who shall be a
veteran. He or she shall be appointed by the governor and shall hold
office during his or her pleasure. Such state commissioner shall receive
an annual salary to be fixed by the governor within the limitation
provided by law. He or she shall also be entitled to receive his or her
expenses actually and necessarily incurred by him or her in the perform-
ance of his or her duties. The state commissioner, with the approval of
the governor, may establish such bureaus within the department as are
necessary and appropriate to carrying out its functions and may consol-
idate or abolish such bureaus. The state commissioner may appoint such
officers, consultants, clerks and other employees and agents as he or
she may deem necessary, fix their compensation within the limitation
provided by law, and prescribe their duties.
§ 3. Veterans' services commission. 1. There shall be in the depart-
ment a veterans' services commission, which shall consist of the members
and the ex officio members provided for in this section.
2. There shall be thirteen members of the commission who shall be
veterans appointed by the governor, including two appointed on recommen-
dation of the temporary president of the senate, one appointed on recom-
mendation of the minority leader of the senate, two appointed on recom-
mendation of the speaker of the assembly, and one appointed on
recommendation of the minority leader of the assembly. The appointment
of members made by the governor without recommendation shall be subject
to advice and consent of the senate. The members of the commission
shall serve for terms of three years each. Appointed members presently
serving on the commission shall continue to serve for the remainder of
the term appointed. Any member chosen to fill a vacancy of such an
appointed member occurring otherwise than by expiration of term shall be
appointed for the remainder of the unexpired term of the member whom he
or she is to succeed. Members appointed as provided in this subdivision
shall receive no salary or other compensation, but each shall be enti-
tled to receive expenses actually and necessarily incurred in the
performance of their duties.
3. Ex officio members. (a) The adjutant general of the state of New
York shall be an ex officio member of the commission.
(b) In addition, the state commissioner may appoint the head of any
other state agency or their designee as a non-voting, ex officio member
of the commission. Such appointments shall expire annually on December
thirty-first unless such appointments are renewed by the state commis-
sioner.
4. One of the members of the commission, which shall include the adju-
tant general, shall be designated as chairperson by the governor. The
designation shall be in writing and shall be filed with the commission.
5. The commission shall have power, and it shall be its duty, to
assist the state commissioner in the formulation of policies affecting
veterans and in the coordination of all operations of state agencies
relating to veterans' services.
§ 4. General functions, powers and duties of department. The depart-
ment, by and through the state commissioner or his or her duly author-
S. 8006--C 60 A. 9006--C
ized officer or employee, shall have the following functions, powers and
duties:
1. To coordinate the program and activities of departments, divisions,
boards, bureaus, commissions or agencies of the state or of any poli-
tical subdivision of the state in providing services and facilities to
members of the uniformed services and to veterans who are residents of
this state and their families.
2. To maintain liaison with other public officials and agencies
concerned with the development or execution of plans for members of the
uniformed services and veterans who are residents of this state, and
their families, and to assist in the development and execution of such
plans.
3. To establish, direct and supervise a state veterans' services agen-
cy; and to create or designate other agencies of the department to aid
and assist in the discharge of one or more of its functions, powers or
duties under this article, and grant authority to such agencies as may
be deemed necessary for the effective accomplishment of any of such
functions, powers or duties.
4. To operate and maintain veterans benefits advisement and to admin-
ister benefits for members of the uniformed services and veterans who
are residents of this state, and their families.
5. To provide seminars three times per year at locations throughout
the state to advise veterans and their surviving spouses, who are age
sixty-two or older, of veterans' benefits for which they may be eligible
from the state and federal governments, and the means of obtaining such
benefits.
6. To provide seminars three times per year at locations throughout
the state to advise women veterans of their benefits for which they may
be eligible from the state and federal governments, the means of obtain-
ing such benefits and other topics, including, but not limited to,
health care issues of specific interest to women veterans.
7. To provide in cooperation with the office of general services and
the office of the comptroller a series of seminars, that shall be
conducted four or more times per year at regional sites located through-
out the state of New York for the purpose of advising veteran-owned
businesses regarding the opportunities available for obtaining procure-
ment contracts from New York state agencies, municipalities, and author-
ities. Furthermore the seminars shall provide requirements and training
that will enable veteran-owned businesses to successfully participate in
the procurement process.
8. To execute and assist in the execution of plans for the efficient
utilization of the resources and facilities of the state in matters
related to members of the uniformed services and veterans who are resi-
dents of this state, and their families.
9. To make studies and analyses and develop and execute plans for
assistance and benefits to members of the uniformed services and veter-
ans who are residents of this state, and their families, and the
creation of agencies, institutions and facilities therefor.
10. To prepare and submit a report, in consultation with the office of
temporary and disability assistance, department of labor, and office of
children and family services to determine the number of homeless persons
in New York state that are veterans. Such report shall include, but not
be limited to, the following information to the extent it is reasonably
accessible to the department: (a) an analysis of veterans in New York
state who are currently homeless, or have been homeless within five
years of being released from active duty including an analysis of gender
S. 8006--C 61 A. 9006--C
as it relates to homelessness of veterans; (b) data on the number of
children of homeless veterans, including the current placement of such
children; (c) cases of military sexual trauma experienced by homeless
veterans while on active duty or during military training, including a
breakdown of the collected data based upon the gender of the victim; and
(d) the unemployment rate for New York state veterans. The term "chil-
dren of homeless veterans" shall mean a person who is unmarried and who
is under the age of eighteen years, and is the biological or legally
adopted child of a veteran. The report shall be delivered to the gover-
nor, the speaker of the assembly and the temporary president of the
senate by June thirtieth, two thousand twenty and every three years
thereafter. Such report shall be publicly available and posted on the
department of veterans' services website.
11. To develop and encourage plans for the occupational reorientation
of veterans who are residents of this state, including the determination
and certification of civilian equivalents for military experience and
the development and encouragement of on-the-job training and apprentice-
ship training programs. Furthermore, the department shall provide an
internet connection to correlate military occupations and skills into
civilian translations and terms.
12. To provide information regarding resources that are available to
assist veterans in establishing and sustaining a small business by main-
taining a small business portal on the department's internet website.
Such portal shall provide virtual links to appropriate government
programs including, but not limited to the United States Department of
Veterans' Affairs. The department may consult with the New York State
Small Business Development Center and any other appropriate state agen-
cies. The department shall make reference to this information in its
newsletter, at the three seminars sponsored by the department pursuant
to subdivisions five, six, and seven of this section and the annual
report to the governor and the legislature as provided in subdivision
seventeen of this section. Such information required under this subdivi-
sion shall be maintained and updated annually. The information may also
be made available in printed form.
13. To provide information regarding resources that are available to
assist veterans in obtaining employment by maintaining a veterans'
employment portal on the department's internet website. Such portal
shall provide virtual links to appropriate governmental programs on the
federal and state level, including, but not limited to the United States
department of labor and the New York state department of labor. The
department may consult with members of the community devoted to helping
veterans obtain employment. The department shall make reference to this
information pursuant to subdivisions five, six, and seven of this
section and the annual report to the governor and the legislature as
provided in subdivision seventeen of this section. Such information
required under this subdivision shall be maintained and updated annual-
ly. The information may also be made available in printed form.
14. To adopt, promulgate, amend and rescind suitable rules and regu-
lations to carry out the provisions of this article.
15. To recommend to the legislature and the governor legislative
proposals for the benefit of members of the uniformed services and
veterans who are residents of this state, and their families.
16. To exercise and perform such other functions, powers and duties as
may be deemed necessary to protect the interests and promote the welfare
of members of the uniformed services and veterans who are residents of
this state, and their families.
S. 8006--C 62 A. 9006--C
17. To render each year to the governor and to the legislature a writ-
ten report of the activities and recommendations of the department.
18. (a) For the purpose of providing for the construction, establish-
ment, expansion, improvement, support, operation, maintenance and the
provision of perpetual care for state veterans' cemeteries, to seek
funding from, and make application for funding to:
(1) the government of the United States, including any agency or
public authority thereof;
(2) the government of the state of New York, including any agency or
public authority thereof;
(3) any political subdivision of the government of the state of New
York, including any agency or public authority thereof; or
(4) any private individual, corporation or foundation;
(b) Pursuant to section twenty-three of this article, to provide for
the construction, establishment, expansion, improvement, support, opera-
tion, maintenance and the provision of perpetual care for state veterans
cemeteries;
(c) To expend moneys from the veterans remembrance and cemetery main-
tenance and operation fund, established pursuant to section ninety-sev-
en-mmmm of the state finance law; and
(d) To evaluate, monitor and otherwise oversee the operation of veter-
ans cemeteries in this state.
19. To make application to the government of the United States or any
political subdivision, agency or instrumentality thereof, for funds for
the purpose of providing an optional fund for the burial of veterans who
(i) were honorably discharged or (ii) had a qualifying condition, as
defined in section one of this article, and received a discharge other
than bad conduct or dishonorable, or (iii) were a discharged LGBT veter-
an, as defined in section one of this article, and received a discharge
other than bad conduct or dishonorable, in any not-for-profit cemetery
corporation in this state; provided, however, that all costs associated
with the establishment of such optional fund shall be borne by the poli-
tical subdivision, agency or instrumentality with which the department
has contracted.
20. To establish, operate and maintain a toll-free telephone number,
under the supervision of the state commissioner, for the purpose of
providing callers thereof with information relating to services provided
by the department as well as services and programs provided to veterans
by other agencies, bureaus and organizations. Such services and programs
shall include, but not be limited to, educational and job benefits,
tuition assistance programs, survivor benefits, health and mental health
referrals and real property tax exemptions.
21. To establish, operate and maintain a free mobile application,
under the supervision of the state commissioner, for the purposes of
providing veterans and their family members with information, available
on a region-specific basis, relating to services provided by the depart-
ment as well as services and programs provided to veterans by other
state agencies, the federal government, and other organizations. Such
services and programs shall include, but not be limited to educational
and job benefits, tuition assistance programs, survivor benefits, health
and mental health referrals, and real property tax exemptions. The
department's website shall contain a link to the free mobile applica-
tion.
22. To develop, jointly with the commissioner of education, a form by
which the parent or person in parental relation to a designated child
may, should he or she so elect, report to the department that a parent
S. 8006--C 63 A. 9006--C
of such child is a veteran of the uniformed services who served in Viet-
nam during the Vietnam conflict. This form shall: (i) clearly state that
the parent or person in parental relation is not required to provide the
information requested and that the information will have no bearing upon
the services the child will receive; (ii) state that the information
will be used exclusively for research purposes and explain those
research purposes in plain language; and (iii) provide the address to
which the form is to be mailed, should the parent or person in parental
relation elect to make such report. For the purposes of this subdivi-
sion, the term "designated child" shall mean a child designated by a
school district committee on special education pursuant to section
forty-four hundred two of the education law as either learning disabled
or emotionally disturbed.
23. To process all information received from nursing homes and resi-
dential health care facilities, including assisted living and assisted
living residences as defined in section forty-six hundred fifty-one of
the public health law, and adult care facilities authorized under title
two of article seven of the social services law, indicating veteran or
veteran spouse status. Such processing shall occur by transmitting such
information to veterans benefits advisors for review and potential link-
age to applicable benefits, including but not limited to federal aid and
attendance and a federal improved pension program. Veterans benefits
advisors shall work with county veterans service officers or any accred-
ited service officers of an organization chartered by the congress of
the United States and/or recognized by the department of veterans
affairs for claim representation as necessary and where appropriate.
Such information shall be protected as personal confidential information
under article six-A of the public officers law against disclosure of
confidential material, and shall be used only to assist in providing
linkage to applicable benefits and entitlements under federal and state
law.
24. To include within the annual report as required by subdivision
seventeen of this section an accounting of the number of forms received
from nursing homes and residential health care facilities, including
assisted living and assisted living residences as defined in section
forty-six hundred fifty-one of the public health law, and adult care
facilities authorized under title two of article seven of the social
services law, and the specific number of veterans and spouses of veter-
ans linked to applicable benefits, including, but not limited to federal
aid and attendance and a federal improved pension program. Such report
shall evaluate the average time taken by the department between receipt
of such information, transmission to veterans benefits advisors and
linkage to available benefits. Such report shall also evaluate the
effectiveness of the program and make recommendations for improvements
as necessary.
25. To encourage the development of and to provide for the establish-
ment of a state women veterans coordinator, as provided in section nine-
teen of this article.
26. To make available information on accident prevention courses
approved by the commissioner of motor vehicles online on the depart-
ment's website. The department shall provide a link to the department of
motor vehicles website pages containing information on the accident
prevention courses.
27. To provide information regarding resources that are available to
assist veterans who experience mental health or substance abuse prob-
lems, and veterans with physical disabilities, by maintaining mental
S. 8006--C 64 A. 9006--C
health, substance abuse and physical disabilities portals on the depart-
ment's internet website. Such portals shall provide virtual links to
appropriate governmental programs on the federal and state levels and
information on suicide prevention, peer outreach and support, and
services that address the special needs of physically disabled veterans.
The department may consult with the office of mental health, the office
of addiction services and supports, the department of health and the
department of labor. The department shall make reference to this infor-
mation provided pursuant to subdivisions five and six of this section
and in the annual report to the governor and the legislature required
pursuant to subdivision seventeen of this section. Such information
required under this subdivision shall be maintained and updated annual-
ly.
28. To include within the annual report as required by subdivision
seventeen of this section an accounting of the number of veteran-owned
small businesses in the state of New York, to be listed by the following
designations: small business concern owned and controlled by veterans as
set forth in 15 U.S.C. section 632(Q)(3), as amended from time to time,
and service disabled veteran-owned business enterprise as set forth in
article three of this chapter. Such listing shall include but not be
limited to the name of the veteran owner or owners of each business,
location of each such business, the type of each such business and when-
ever practicable, be divided into categories of labor, services, equip-
ment, materials and recognized construction trades. The department shall
request this information annually from the U.S. department of veterans
affairs, any other appropriate federal agencies and the department of
service-disabled veterans' business development within the New York
state office of general services.
29. To maintain a fact sheet on the department's webpage containing
(a) contact information for all veterans integrated service networks
located within the state, (b) current contact information for the United
States veterans health administration including VA medical centers and
clinics and (c) contact information for each New York State veterans'
home. The fact sheet shall be entitled, "Information for Veterans
concerning Health Care Options" and shall be updated annually.
30. To maintain a listing on the department's website of the local
veterans' service agencies established pursuant to section fourteen of
this article with the name, location, hours of operation and contact
information of each county and city veterans' service agency. The
department shall also provide this information in its annual report to
the governor and the legislature as required pursuant to subdivision
seventeen of this section. Information under this subdivision shall be
provided to the department by each local veterans' service agency and
shall be updated annually.
31. To maintain a discharge upgrade advisory board program within the
department to provide written non-binding advisory opinions to veterans
of the state of New York appealing their character of discharge from the
discharge review board or the board for corrections of military records
for their branch of service on the federal level. Individuals may
submit an application with evidence, including all relevant documents,
which shall be reviewed by the discharge upgrade advisory board program
in a timely manner. If such board finds the veteran's application for a
discharge upgrade is meritorious, then the board will provide the veter-
an with a written opinion advocating for the discharge review board or
board for corrections of military or naval records to grant that veter-
an's appeal. The department shall post information on the discharge
S. 8006--C 65 A. 9006--C
upgrade advisory board program on its official webpage. The annual
report required by subdivision seventeen of this section shall contain
information including, but not limited to, the number of cases reviewed,
and the number of cases where a veteran's application was found to be
meritorious.
32. To provide information regarding resources that are available to
assist veterans who experienced military sexual trauma while on active
duty or during military training, by maintaining a military sexual trau-
ma portal on the department's internet website. Such portal shall
provide virtual links to appropriate governmental programs on the feder-
al and state levels. The department may consult with the office of
mental health and the department of health. The department shall make
reference to this information provided pursuant to subdivisions five and
six of this section and in the annual report to the governor and the
legislature required pursuant to subdivision seventeen of this section.
Such information required under this subdivision shall be maintained and
updated annually.
33. To make widely available to the public via, among other things,
publication on the department's website and free mobile application
pursuant to subdivision twenty-one of this section, information regard-
ing the veterans remembrance and cemetery maintenance and operation fund
established pursuant to section ninety-seven-mmmm of the state finance
law.
34. To prepare and submit a report in consultation with the
department of health and the department of mental hygiene including the
following information to the extent it is reasonably accessible: (a) the
number of veterans who died by suicide; (b) trends of veterans suicide
rates over the last five years, including details by period of military
service; and (c) a comparison of veterans suicide rates by county,
statewide and nationwide. Such report shall be delivered to the governor
and legislature no later than June thirteenth, two thousand twenty-four
and every three years thereafter. Such report shall also be made
available on the division's website.
35. The department shall: (a) forward completed forms received from a
coroner, coroner's physician or medical examiner pursuant to section six
hundred seventy-seven of the county law to the office of mental hygiene
pursuant to subdivision (g) of section 7.07 of the mental hygiene law in
a timely manner; and (b) compile such information for inclusion in the
annual report pursuant to this section.
36. To coordinate outreach efforts that ensure members of the
uniformed services and veterans who are residents of this state, and
their families, are made aware of services for veterans from any depart-
ments, divisions, boards, bureaus, commissions or agencies of the state
or any political subdivision of this state.
37. To develop collaborative relationships among state, federal, and
local agencies and private organizations, including but not limited to
the office of mental health, state office for the aging, and office of
addiction services and supports, to help facilitate access to services
by members of the uniformed services and veterans who are residents
of the state and their families.
§ 5. Veteran speaker education program. 1. There is hereby established
within the department a veteran speaker education program to be devel-
oped and implemented by the commissioner in consultation with the
commissioner of the New York state military museum and veterans resource
center and in accordance with the provisions of this section. Such
program shall provide school districts within this state with a listing
S. 8006--C 66 A. 9006--C
of available veteran speakers willing to visit classrooms for the
purpose of discussing their military experience.
2. The department, from its available resources, shall develop an
informational pamphlet to be distributed either by mail or electron-
ically to school districts which provides a general overview of the
program including its purpose and how to participate. The department
shall, in consultation with congressionally chartered veterans organiza-
tions and local veterans services agencies, appoint and create a listing
of veteran speakers coordinators for each county of the state who shall
be listed in the informational pamphlet. The veteran speakers coordina-
tors' duties shall include but not be limited to contacting veterans who
reside in their county including those who have participated in the
veteran's oral history program at the New York state military museum or
the West Point oral history project or the veterans history project of
the American Folklore Center or any similar oral history project with
information about this program and inquiring as to whether such persons
would be willing to participate as speakers or in any other capacity.
The listing shall include the names and contact information for such
veterans including information describing the type of military service
performed by each such person, the time and length of service, geograph-
ic area or areas where such person served and rank. The veteran speak-
ers coordinators shall annually update such information regarding the
availability of such veterans.
3. No teacher or veteran shall be required to participate in this
program. Any teacher who wishes to supplement his or her classroom
instruction concerning a particular era in American military history may
contact a participating veteran personally to request that such person
visit a classroom to discuss his or her military experience. A teacher
shall be responsible for ascertaining the appropriateness of any
proposed speaker based upon the age of the children and the intended
subject matter. Nothing in this section shall be intended to supersede
any particular or general school rules or regulations or other laws
relating to curriculum.
4. The department shall require a certified copy of the veteran's
discharge papers to participate in the veteran speaker program. Such
form shall be filed with the department to serve as evidence that such
person is a veteran who served in the United States military honorably.
5. The department shall implement a procedure for evaluations of each
speaker to be completed by teachers and students, and maintain such
evaluations and make them available upon request to other teachers who
plan to participate.
6. The department may consult with other veterans organizations and
any branch of the U.S. military in the development of this program.
§ 6. Cooperation and facilities of other departments. To effectuate
the purposes of this article, the governor may direct any department,
division, board, bureau, commission or agency of the state, or of any
political subdivision thereof, to cooperate with and assist and advise
the department in the performance of its duties and functions, and to
provide such facilities, including personnel, materials and other
assistance and data as will enable the department or any of its agencies
to properly carry out its activities and effectuate its purposes under
this article.
§ 7. Information on status of veterans receiving assistance. Depart-
ments, divisions, bureaus, boards, commissions and agencies of the state
and political subdivisions thereof, which provide assistance, treatment,
counseling, care, supervision or custody in service areas involving
S. 8006--C 67 A. 9006--C
health, mental health, family services, criminal justice or employment,
including but not limited to the office of addiction services and
supports, office of mental health, office of probation and correctional
alternatives, office of children and family services, office of tempo-
rary and disability assistance, department of health, department of
labor, local workforce investment boards, office for people with devel-
opmental disabilities, and department of corrections and community
supervision, shall request assisted persons to provide information with
regard to their veteran status and military experiences. Individuals
identifying themselves as veterans shall be advised that the department
of veterans' services and local veterans' service agencies established
pursuant to section fourteen of this article provide assistance to
veterans regarding benefits under federal and state law. Information
regarding veterans status and military service provided by assisted
persons solely to implement this section shall be protected as personal
confidential information under article six-A of the public officers law
against disclosure of confidential material, and used only to assist in
the diagnosis, treatment, assessment and handling of the veteran's prob-
lems within the agency requesting such information and in referring the
veteran to the department of veterans' services for information and
assistance with regard to benefits and entitlements under federal and
state law.
§ 8. New York state supplemental burial allowance for members of the
uniformed services of the United States killed in combat or duty subject
to hostile fire or imminent danger, as defined in 37 USC § 310. 1. As
used in this section, "parent" means a father, a mother, a father
through adoption, a mother through adoption, or an individual who, for a
period of not less than one year, at any time before the decedent's
entry into active military service stood in the relationship of a parent
to a decedent who died in combat or duty subject to hostile fire or
imminent danger, as defined in 37 USC § 310, or who died from a wound
incurred in combat or while serving on duty subject to hostile fire or
imminent danger, as defined in 37 USC § 310 or, if two persons stood in
the relationship of a parent for one year or more, the person who bore
the expenses of the funeral of the decedent.
2. As used in this section, (a) "wound" means a physical injury to a
servicemember on active duty caused by (i) a bullet, shrapnel, or other
projectile; (ii) a mine or trap; (iii) an explosion; (iv) a vehicle or
aircraft accident not caused by the servicemember's willful misconduct;
or (v) any other action caused or induced by the enemy directly result-
ing in physical harm to the servicemember.
(b) "burial receptacle" means (i) a casket, which shall mean a rigid
container that is designed for the encasement of human remains and
customarily ornamented and lined with fabric, (ii) an urn, which shall
mean a container of wood, metal, pottery, or other material designed for
the storage of cremated human remains, and/or (iii) an outer burial
receptacle, which shall mean a graveliner, burial vault, or other simi-
lar type of container for the placement of a casket or urn.
3. There is hereby established within the department a New York state
supplemental burial allowance for any member of the uniformed services
of the United States who: (a) died in combat or duty subject to hostile
fire or imminent danger, as defined in 37 USC § 310 or died from a wound
incurred in combat or while serving on duty subject to hostile fire or
imminent danger, as defined in 37 USC § 310, other than the exceptions
noted in paragraphs (d), (e) and (f) of subdivision four of this
section, and (b) who was (i) a resident of New York state at the time of
S. 8006--C 68 A. 9006--C
his or her death or (ii) a nonresident of New York state at the time of
his or her death and a member of the New York Army National Guard or New
York Air National Guard at the time he or she entered title 10, United
States Code, federal active duty status during which period of service
he or she died.
4. (a) The purpose of the program is to administer and monitor a
supplemental allowance program to aid families of military personnel who
died in combat or duty subject to hostile fire or imminent danger, as
defined in 37 USC § 310, or died from a wound incurred in combat or duty
subject to hostile fire or imminent danger, as defined in 37 USC § 310,
with respect to expenses incurred in connection with the decedent's
funeral and the burial, burial receptacle, cremation, or other interment
of the decedent's remains.
(b) Eligible recipients under this program shall be those who bore the
cost of the decedent's funeral and burial, burial receptacle, cremation,
or other interment, in the following order of priority: (i) a surviving
spouse or domestic partner of the decedent; (ii) adult children of the
decedent, to include step-children and adopted children; (iii) parents
or grandparents of the decedent, and parents-in-law or grandparents-in-
law of the decedent; (iv) siblings of the decedent, to include siblings
adopted by the decedent's immediate family and siblings with whom the
decedent shares only one parent in common, and siblings-in-law of the
decedent; (v) aunts, uncles, and first cousins of the decedent; and (vi)
any other relative. Any applicant convicted of making any false state-
ment in the application for the reimbursement shall be subject to the
penalties prescribed in the penal law.
(c) Such burial allowance is a partial reimbursement of an eligible
decedent's funeral and burial, burial receptacle, cremation or other
interment costs. The reimbursement is generally applicable to two compo-
nents: (i) funeral expenses, and (ii) expenses arising from the burial,
burial receptacle, cremation, or other interment of the decedent's
remains. Any allowance granted by the government of the United States,
pursuant to 38 U.S.C. §§2301, 2302, 2303, 2306, 2307 and 2308 or 10
U.S.C. § 1482, or by the decedent's state of residence in the case of an
allowance eligible pursuant to subparagraph (ii) of paragraph (b) of
subdivision three of this section, shall be first applied toward funeral
and burial, burial receptacle, cremation or other interment costs. The
state may award an allowance of up to six thousand dollars to cover any
remaining expenses.
(d) The state shall not award any funds from this allowance to reim-
burse any costs for the headstone, grave marker, or medallion of the
decedent.
(e) The state shall not grant supplemental burial allowance payments
for the funeral or the burial, burial receptacle, cremation, or other
interment of remains of any decedent whose relations received any
reimbursement from this allowance for any previous funeral or burial,
burial receptacle, cremation, or other interment of remains for this
same decedent.
(f) The state shall not grant supplemental burial allowance payments
for any person filing a completed application for such allowance with
the state later than: (i) two years after the applicant received final
written notice from the United States Department of Veterans Affairs
regarding an application for reimbursement of funeral or burial, burial
receptacle, cremation or other interment expenses pursuant to 38 U.S.C.
§§2301, 2302, 2303, 2306, 2307, or 2308, or 10 U.S.C. § 1482, or any
combination thereof; or (ii) two years after the expiration date of the
S. 8006--C 69 A. 9006--C
filing deadline to apply for reimbursement of funeral, burial, burial
receptacle, cremation or other interment expenses from the United States
Department of Veterans Affairs, as defined in 38 U.S.C. § 2304, if the
applicant never applied for reimbursement of funeral, burial, burial
receptacle, cremation or interment expenses from the United States
Department of Veterans Affairs. Any applications received subsequent to
these prescribed periods shall be denied as time-barred.
(g) Applicants shall furnish evidence of the decedent's military
service and relevant after action reports or other documents explaining
why the application meets eligibility requirements for each case in the
manner and form prescribed by the state commissioner or his or her
designee. Upon being satisfied that the facts in the application are
true, the state commissioner or his or her designee shall certify to the
state comptroller the name and address of such recipient. The decision
of the state commissioner or his or her designee on all matters regard-
ing any payment from this allowance shall be final.
(h) The state commissioner shall submit a report to the governor, the
chairperson of the senate finance committee, and the chairperson of the
assembly ways and means committee not later than January fifteenth of
each year in which this section is in effect. Such report shall include,
but not be limited to, regulations promulgated pursuant to this section,
allowances paid, and an account of the monies spent and the relationship
of the distributees to the decedent.
§ 9. New York state veteran burial fund. 1. As used in this section,
"agent in control of the disposition of remains" means the person
responsible or designated to control the disposition of a deceased
veteran's remains as defined and outlined in section forty-two hundred
one of the public health law. The term "interment" means the disposition
of remains as defined in paragraph (g) of section fifteen hundred two of
the not-for-profit corporation law. The term "burial" shall include the
process as defined in paragraph (e) of section fifteen hundred two of
the not-for-profit corporation law.
2. As provided in subdivision nineteen of section four of this arti-
cle, there is hereby established within the department a New York state
veterans burial fund for honorably discharged members of the uniformed
services of the United States who were residents of New York state at
the time of his or her death who (i) were honorably discharged from such
service, or (ii) had a qualifying condition, as defined in section one
of this article, and received a discharge other than bad conduct or
dishonorable from such service, or (iii) were discharged LGBT veterans,
as defined in section one of this article, and received a discharge
other than bad conduct or dishonorable from such service.
(a) Eligible recipients under this program shall be those who bore the
cost of the funeral as the agent in control of the disposition of
remains. An application shall be made available to an eligible recipi-
ent. Any applicant convicted of making any false statement in the appli-
cation for the reimbursement shall be subject to the penalties
prescribed in the penal law.
(b) Such optional burial allowance is a reimbursement of an eligible
decedent's burial and interment costs not to exceed two thousand five
hundred dollars in a New York state not-for-profit cemetery. The
reimbursement is generally available as a plot interment allowance. Any
allowance granted by the government of the United States, pursuant to 38
U.S.C. §§ 2302, 2303, 2306, 2307 and 2308 or 10 U.S.C. § 1482 shall be
first applied toward interment costs. An additional allowance of up to
the cost of the actual burial and interment as provided under subdivi-
S. 8006--C 70 A. 9006--C
sion nineteen of section four of this article may be awarded to cover
any remaining expenses.
(c) Evidence of the military service of the decedent for each case
shall be furnished in the manner and form prescribed by the state
commissioner; upon being satisfied that the facts in the application are
true, the state commissioner shall certify to the state comptroller the
name and address of such agent in control of the disposition of remains
for reimbursement as provided in this section.
§ 10. Time within which marriage may be solemnized; member of the
uniformed services. Notwithstanding section thirteen-b of the domestic
relations law, where either of the parties making application for a
marriage license, pursuant to section thirteen of the domestic relations
law, is a member of the uniformed services of the United States on
active duty the marriage of the parties shall not be solemnized within
twenty-four hours after the issuance of the marriage license, nor shall
it be solemnized after one hundred eighty days from the date of the
issuance of the marriage license. Proof that the applicant is a member
of the uniformed services of the United States shall be furnished to the
satisfaction of the official issuing the marriage license. Every license
to marry issued pursuant to the provisions of this section shall state
the day and hour the license is issued and shall contain a recital that
it is issued pursuant to the provisions of this section.
§ 11. Use of personal confidential information obtained from veterans
or family members of veterans receiving services from the state and
political subdivisions thereof. 1. Departments, divisions, bureaus,
boards, commissions and agencies of the state and political subdivisions
thereof, which provide assistance, treatment, counseling, care, super-
vision or custody in service areas involving health, mental health,
family services, criminal justice or employment shall be required to
solicit information on whether their customer or client is a veteran as
defined in section eighty-five of the civil service law or family member
of a veteran. Any new forms created after the effective date of this
section shall contain the following questions: "Have you served in the
United States military?" "Has someone in your family served in the
United States military?"
2. Individuals identifying themselves as having served in the military
or a family member shall be advised that the department of veterans'
services and local veterans service agencies established pursuant to
section seventeen of this article provide assistance to veterans regard-
ing benefits under federal and state law. Information regarding veterans
and military status provided by assisted persons solely to implement
this section shall be protected as personal confidential material, and
used only to assist in the diagnosis, treatment, assessment and handling
of the veteran's or family member's problems within the agency request-
ing such information and in referring the veteran or family member to
the department of veterans' services for the information and assistance
with regard to benefits and entitlements under federal and state law.
§ 12. Acceptance of gifts. The department with the approval of the
governor, may accept any gift or grant for any of the purposes of this
article. Any moneys so received may be expended by the department to
effectuate any of the purposes of this article, subject to the same
limitations as to authorization, audit and approval as are prescribed
for state moneys appropriated for the purposes of this article.
§ 13. State veterans' service agency. 1. A state veterans' service
agency established by the department pursuant to this article shall have
power and it shall be its duty to inform military and naval authorities
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of the United States and assist members of the uniformed services and
veterans, who are residents of this state, and their families, in
relation to (1) matters pertaining to educational training and retrain-
ing services and facilities, (2) health, medical and rehabilitation
services and facilities, (3) provisions of federal, state and local laws
and regulations affording special rights and privileges to members of
the uniformed services and war veterans and their families, (4) employ-
ment and re-employment services, and (5) other matters of similar,
related or appropriate nature. The state veterans' service agency also
shall perform such other duties as may be assigned by the state commis-
sioner.
2. The state commissioner may, with the approval of the governor,
appoint and remove a director of the state veterans' service agency. The
state commissioner may from time to time establish, alter or abolish
state veterans' service agency districts within the state, establish or
abolish offices therefor, and appoint and at pleasure remove a deputy
director of the state veterans' service agency for each such district
office. With the approval of the state commissioner, the director of the
veterans' service agency may appoint such officers, consultants, clerks
and other employees as may be necessary to administer the functions of
the state veterans' service agency, fix their compensation within the
limitation provided by law, and prescribe their duties.
§ 14. Local veterans' service agencies. 1. County veterans' service
agencies. There shall be established a county veterans' service agency
in each county not wholly included within a city, and there shall be a
county director of each county veterans' service agency. Any county
director hired after the effective date of this chapter shall be a
veteran as defined in New York state statute. The chair of the board of
supervisors of a county, with the approval of the board of supervisors,
shall appoint and may at pleasure remove a county director of the county
veterans' service agency for such county. In a county having a county
president, a county executive or other chief executive officer, such
president or executive officer shall appoint and may at pleasure remove
a county director. The county director may be paid such compensation as
shall be fixed by the appointing officer and the board of supervisors.
The county director shall appoint such assistants and employees as he or
she may deem necessary, other than those, if any, supplied by the state;
he or she may prescribe the duties of those appointed by him or her and
fix their salaries within the appropriations made available for that
purpose by the county and may at pleasure remove any such assistants or
employees. The county director shall have jurisdiction throughout the
territorial limits of the county, including any city therein which does
not have a city veterans' service agency, provided that after the estab-
lishment of a city veterans' service agency in any such city, the county
director shall not have jurisdiction within such city.
2. City veterans' service agency. There may be established a city
veterans' service agency in each city; and there shall be a city direc-
tor of each city veterans' service agency which is established. The
mayor of such city, or the city manager in a city of less than one
hundred forty thousand population having a city manager, shall appoint
and may at pleasure remove the city director. A city director may be
paid such compensation as shall be fixed by the mayor or city manager,
as the case may be, empowered to appoint the city director, and the
governing body of the city. The city director may appoint such deputies,
assistants and employees as he or she may deem necessary other than
those, if any, supplied by the state; the director may prescribe the
S. 8006--C 72 A. 9006--C
duties of those appointed by him or her and fix their salaries within
the appropriations made available for that purpose by the city and may
at pleasure remove any such assistant or employee. A city director
shall have jurisdiction throughout the territorial limits of the city.
3. Accreditation. (a) Current county or city directors within three
years from the effective date of this subdivision shall take all steps
necessary to be accredited as a veterans service organization (VSO)
representative. Accreditation shall mean the authority granted by the
United States Department of Veterans Affairs to assist veterans and
their family members in the preparation, presentation, and prosecution
of claims for benefits pursuant to section 5902 of Title 38 U.S.C. and
section 14.628 of Title 38 Code of Federal Regulations. Once an appli-
cation for accreditation is approved by the General Counsel of the
United States Department of Veterans Affairs and the applicant is noti-
fied of this action, the director of the county or city veterans service
agency shall file a copy of the accreditation certificate from the
appropriate veterans service organization with the commissioner of the
department. Such accreditation shall be maintained during the duration
of his or her status as a director of such county or city veterans
service agency. The commissioner of the department may determine that
satisfactory completion of a course or instruction on veterans' benefits
approved by the United States Department of Veterans Affairs and
conducted by the department may fulfill the requirements of this subdi-
vision.
(b) Any county or city director hired after the effective date of this
chapter shall take all steps necessary to be accredited as a veterans
service organization (VSO) representative within eighteen months of such
appointment. Accreditation shall mean the authority granted by the
United States Department of Veterans Affairs to assist veterans and
their family members in the preparation, presentation, and prosecution
of claims for benefits pursuant to section 5902 of Title 38 U.S.C. and
section 14.628 of Title 38 Code of Federal Regulations. Once an appli-
cation for accreditation is approved by the General Counsel of the
United States Department of Veterans Affairs and the applicant is noti-
fied of this action, the director of the county or city veterans service
agency shall file a copy of the accreditation certificate from the
appropriate veterans service organization with the commissioner of the
department. Such accreditation shall be maintained during the duration
of his or her status as a director of such county or city veterans
service agency. The commissioner of the department may determine that a
satisfactory completion of a course of instruction on veterans' benefits
approved by the United States Department of Veterans Affairs and
conducted by the department may fulfill the requirements of this subdi-
vision.
(c) During the time a director is working toward accreditation pursu-
ant to paragraphs (a) and (b) of this subdivision, such individual may
provide services to veterans and their family members as defined in
section fifteen of this article other than the preparation, presenta-
tion, and prosecution of claims for benefits under federal statutes and
regulations.
§ 15. Powers and duties of local veterans' service agencies. 1. A
local veterans' service agency shall have power under the direction of
the state veterans' service agency, and it shall be its duty to inform
military and naval authorities of the United States and assist members
of the uniformed services and veterans, who are residents of this state,
and their families, in relation to (1) matters pertaining to educational
S. 8006--C 73 A. 9006--C
training and retraining services and facilities, (2) health, medical and
rehabilitation services and facilities, (3) provisions of federal, state
and local laws and regulations affording special rights and privileges
to members of the uniformed services and war veterans and their fami-
lies, (4) employment and re-employment services, (5) the process of
submitting an application for a discharge upgrade to the discharge
upgrade advisory board, and (6) other matters of similar, related or
appropriate nature. The local veterans' service agency may also assist
families of members of the reserve components of the uniformed services
and the organized militia ordered into active duty to ensure that they
are made aware of and are receiving all appropriate support available to
them and are placed in contact with the agencies responsible for such
support, including, but not limited to, the division of military and
naval affairs and other state agencies responsible for providing such
support. The local veterans' service agency also shall perform such
other duties as may be assigned by the state commissioner.
2. A local veterans' service agency shall utilize, so far as possible,
the services and facilities of existing officers, offices, departments,
commissions, boards, bureaus, institutions and other agencies of the
state and of the political subdivisions thereof and all such officers
and agencies shall cooperate with and extend such services and facili-
ties to the local veterans' service agency as it may require.
§ 16. Location and cost of local veterans' service agencies; deputy
local directors. 1. A local director shall designate the location of the
local and branch offices of the local veterans' service agency within
his or her jurisdiction, which offices shall be open during convenient
hours. The cost of maintenance and operation of a county veterans'
service agency shall be a county charge and the cost of maintenance and
operation of a city veterans' service agency shall be a city charge,
excepting that the state commissioner with the approval of the veterans'
services commission shall allot and pay, from state moneys made avail-
able to him or her for such purposes, to each county veterans' service
agency and each city veterans' service agency, an amount equal to fifty
per centum of its expenditures for maintenance and operation approved by
the state commissioner, provided that in no event shall the amount
allotted and paid for such approved expenditures incurred in any given
year exceed (1) in the case of any county veterans' service agency in a
county having a population of not more than one hundred thousand or in
the case of any city veterans' service agency in a city having a popu-
lation of not more than one hundred thousand, the sum of twenty-five
thousand dollars, nor (2) in the case of any county veterans' service
agency in a county having a population in excess of one hundred thousand
excluding the population of any city therein which has a city veterans'
service agency, the sum of twenty-five thousand dollars, and, in addi-
tion thereto, the sum of five thousand dollars for each one hundred
thousand, or major portion thereof, of the population of the county in
excess of one hundred thousand excluding the population of any city
therein which has a city veterans' service agency, nor (3) in the case
of any city veterans' service agency in a city having a population in
excess of one hundred thousand, the sum of twenty-five thousand dollars,
and, in addition thereto, the sum of five thousand dollars for each one
hundred thousand, or major portion thereof, of the population of the
city in excess of one hundred thousand. Such population shall be certi-
fied in the same manner as provided by section fifty-four of the state
finance law.
S. 8006--C 74 A. 9006--C
2. The head of a branch office of a local veterans' service agency
shall be a deputy local director of the local veterans' service agency
who shall be appointed by the local director of the county or city in
which the branch office is located with the approval of the governing
body which makes the appropriation for the maintenance of such branch
office; provided, however, that the head of a branch office of a local
veterans' service agency which operates in and for two or more adjoining
towns or adjoining villages in the same county, and hereinafter in this
article referred to as a consolidated branch office, shall be appointed
by the local director of the county in which the branch office is
located with the approval of the governing body of each town or village
which makes an appropriation for or toward the maintenance of such
branch office, and any town or village is authorized to enter into an
agreement with an adjoining town or an adjoining village in the same
county, respectively, or with two or more respective adjoining towns or
villages in the same county, providing for their joint undertaking to
appropriate and make available moneys for or toward the maintenance of
such a consolidated branch office.
§ 17. Local veterans' service committees. The same authority which
appoints a local director shall appoint for each county and city veter-
ans' service agency a veterans' service committee to assist the local
director and shall appoint a chair thereof. Similar committees may be
appointed in each village and town where there is a deputy local direc-
tor by the mayor of such village and the supervisor of such town in
which the branch office of the deputy local director is located or in
which it operates. A similar committee may also be appointed in any city
in and for which there is not established a separate city veterans'
service agency, and in and for which there is a deputy local director
and a branch office of the county veterans' service agency; and such
appointment in any case shall be made by the city official authorized to
appoint a city director in the case of a separate city veterans' service
agency.
§ 18. Appropriations for expenses and activities of local veterans'
service agencies. Each county and each city of the state in which is
established a county veterans' service agency or a city veterans'
service agency, as the case may be, is hereby authorized to appropriate
and make available to the veterans' service agency of such respective
county or city, such sums of money as it may deem necessary to defray
the expenses and activities of such agency, and the expenses and activ-
ities of such agencies are hereby declared to be proper county and city
purposes for which the moneys of the county or city may be expended.
Each city in and for which there is not established a separate city
veterans' service agency, and each village and town of the state is
hereby authorized to appropriate and make available to the deputy local
director heading the branch office in and for such city, village or
town, if any, of the county veterans' service agency having jurisdiction
within such city, village or town, such sums of money as it may deem
necessary to defray the salary, expenses and activities of the deputy
local director heading such branch office in and for such city, village
or town and his or her office, including the salaries of persons
employed in such office, and such salaries, expenses and activities are
hereby declared to be proper city, village and town purposes for which
the moneys of such cities, villages and towns may be expended. Each
village and town is also authorized to appropriate and make available to
the deputy local director heading the consolidated branch office, if
any, for such village or town and any adjoining village or villages, or
S. 8006--C 75 A. 9006--C
town or towns, as the case may be, of the county veterans' service agen-
cy having jurisdiction within such village or town, such sums of money
as it may determine to defray in part the salary, expenses and activ-
ities of the deputy local director heading such consolidated branch
office for such village or town and any adjoining village or villages or
town or towns, as the case may be, including the salaries of persons
employed in such consolidated branch office, and such salaries, expenses
and activities are hereby declared to be proper village and town
purposes for which the moneys of such villages and towns may be
expended.
§ 19. Women veterans coordinator. 1. Definitions. (a) "Veteran" shall
have the same meaning as defined in section one of this article.
(b) "Department" shall mean the state department of veterans'
services.
(c) "Women veterans coordinator" shall be a veteran.
2. Such women veterans coordinator shall be appointed by the commis-
sioner.
3. Establishment of women veterans coordinator. There is hereby estab-
lished within the department, a "women veterans coordinator" who shall
work under the direction of the commissioner and whose duties shall
include, but not be limited to, the:
(a) identification, development, planning, organization and coordi-
nation of all statewide programs and services to meet the needs of women
veterans;
(b) recommendation to the commissioner to ensure compliance with all
existing department policies and regulations pertaining to the needs of
women veterans on the state and federal level and make recommendations
regarding the improvement of benefits and services to women veterans;
(c) liaison between the department, the United States Department of
Veterans Affairs center for women veterans, the United States Department
of Veterans Affairs Advisory Committee on Women Veterans, state veterans
nursing homes, state agencies, community groups, advocates and other
veterans and military organizations and interested parties;
(d) advocating for all women veterans in the state;
(e) development and maintenance of a clearinghouse for information and
resources for women veterans;
(f) promote events and activities that recognize, educate and honor
women veterans, including but not limited to seminars required under
subdivision six of section four of this article, veteran human rights
conferences, veterans benefits and resources events, and veterans
cultural competence training;
(g) inclusion of the contributions women veterans have made on behalf
of the United States and this state on the department's official
website; and
(h) preparation of reports on topics including, but not limited to,
the demographics of women veterans, the number of women veterans listed
by county, and the unique needs of the women veterans population, to the
extent such information is available, to the commissioner on the status
of women veterans within New York state.
4. Reports. The women veterans coordinator shall submit a report to
the commissioner each year after the effective date of this section.
Such report shall include, but not be limited to, a description of the
women veterans coordinator's activities for the calendar year and the
programs developed pursuant to the provisions of this section. The
commissioner shall submit the report or a synopsis of the report to the
S. 8006--C 76 A. 9006--C
governor in accordance with the provisions of section four of this arti-
cle.
§ 20. Women veterans advisory committee. 1. The women veterans advi-
sory committee is hereby created consisting of twelve members, with
members appointed as follows: (a) six members by the governor; (b) two
members by the temporary president of the senate; (c) two members by the
speaker of the assembly; and (d) one member each by the minority leader
of the senate and the minority leader of the assembly. All appointed
members must be women, and veterans who served in the United States
uniformed services including members of the reserve component. Each
veteran shall have received an honorable discharge or have a
qualifying condition as defined in section one of this article.
2. In making appointments pursuant to subdivision one of this section,
the following shall be considered:
(a) whether the appointments provide a geographical balance between
the urban and rural areas of this state and represent the cultural
diversity of this state; and
(b) the level of activity of the woman in the veteran community.
3. The committee shall elect a chair from among its members.
4. Each member of the committee shall serve a term of four years.
5. A vacancy on the committee shall be filled for the remainder of the
unexpired term in the same manner as the original appointment.
6. The committee shall meet at least four times per year at the call
of the chair.
7. A majority of the members of the committee appointed constitutes a
quorum.
8. Each member of the committee:
(a) serves without compensation, except that a member of the committee
who is a state officer or employee may receive her regular compensation
while engaging in the business of the committee; and
(b) shall be entitled to receive reimbursement for any actual,
necessary expenses incurred in the course of performing business for the
committee.
9. The committee shall:
(a) support and assist the department of veterans' services and the
women veterans coordinator pursuant to section nineteen of this article
in:
(i) locating, educating and advocating for all women veterans in this
state;
(ii) identifying the unique needs of women veterans;
(iii) conducting outreach and education through various means,
including, without limitation, the organization of statewide women
veterans events, the promotion of benefits and health care for women
veterans and the development of programs that inform students, business
leaders and educators about the important role women play in the
uniformed services of the United States;
(iv) educating women veterans as to benefits and programs that are
available to them;
(v) at least annually, making such recommendations as may be deemed
necessary or advisable to the governor, the state legislature, the
commissioner of the department of veterans' services and such other
offices of this state as may be appropriate;
(vi) making information available regarding job and career opportu-
nities;
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(vii) providing outreach regarding available resources for veterans
with a qualifying condition as defined in section one of this article;
and
(viii) advocating on behalf of women veterans to ensure that the
programs and policies of this state and of the United States department
of veterans' affairs remain open to women and mindful of the elements of
the experience of a veteran that are unique to women.
(b) submit a report on or before February fifteenth of each year,
outlining the activities of the committee during the preceding calendar
year and any recommendations of the committee to the governor and
legislature. The report must include, without limitation, information
pertaining to:
(i) the demographics of women veterans;
(ii) the current contributions that women veterans have made on behalf
of the United States and this state;
(iii) the unique needs of the population of women veterans;
(iv) recommendations regarding what steps should be taken to reduce
misinformation and improve support for programs for women veterans; and
(v) outreach activities undertaken by the committee.
10. The department of veterans' services shall help support
the committee's activities.
§ 21. Creation of annuity. 1. Payment to veterans. a. Any veteran as
defined in this article who has been or is hereafter classified by the
New York State commission for the visually handicapped as a blind person
as defined in section three of chapter four hundred fifteen of the laws
of nineteen hundred thirteen, as amended, and continues to be a blind
person within the meaning of that section, shall, upon application to
the commissioner of the department of veterans' services, be paid out of
the treasury of the state for such term as such veteran shall be enti-
tled thereto under the provisions of this article, the sum of one thou-
sand dollars annually, plus any applicable annual adjustment, as
provided in this section.
b. The entitlement of any veteran to receive the annuity herein
provided shall terminate upon his or her ceasing to continue to be a
resident of and domiciled in the state, but such entitlement may be
reinstated upon application to the commissioner of veterans' services,
if such veteran shall thereafter resume his or her residence and domi-
cile in the state.
c. The effective date of an award of the annuity to a veteran shall be
the date of receipt of the application therefor by the commissioner of
veterans' services, except that if the application is denied but is
granted at a later date upon an application for reconsideration based
upon new evidence, the effective date of the award of the annuity to a
veteran shall be the date of receipt of the application for reconsider-
ation by the commissioner of veterans' services.
2. Payment to widows and widowers of blind veterans. a. The unremar-
ried spouse of a veteran who heretofore has died or the unremarried
spouse of a veteran dying hereafter, such veteran being at the time of
her or his death a recipient of, or eligible for, the benefits above
provided, shall, upon application to the commissioner of veterans'
services, also be paid out of the treasury of the state the sum of one
thousand dollars annually, plus any applicable annual adjustment, for
such term as such unremarried spouse shall be entitled thereto under the
provisions of this article.
b. The entitlement of any widow or widower to receive the annuity
herein provided shall terminate upon her or his death or re-marriage or
S. 8006--C 78 A. 9006--C
upon her or his 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 commissioner of veterans' services, if such widow or
widower shall thereafter resume her or his residence and domicile in the
state.
c. The effective date of an award of the annuity to a widow or widower
shall be the day after the date of death of the veteran if the applica-
tion therefor is received within one year from such date of death. If
the application is received after the expiration of the first year
following the date of the death of the veteran, the effective date of an
award of the annuity to a widow or widower shall be the date of receipt
of the application by the commissioner of veterans' services. If an
application is denied but is granted at a later date upon an application
for reconsideration based upon new evidence, the effective date of the
award of the annuity to a widow or widower shall be the date of receipt
of the application for reconsideration by the commissioner of veterans'
services.
3. Annual adjustment. Commencing in the year two thousand five, and
for each year thereafter, the amount of any annuity payable under this
section shall be the same amount as the annuity payable in the preceding
year plus a percentage adjustment equal to the annual percentage
increase, if any, for compensation and pension benefits administered by
the United States Department of Veterans' Affairs in the previous year.
Such percentage increase shall be rounded up to the next highest one-
tenth of one percent and shall not be less than one percent nor more
than four percent. Commencing in the year two thousand five, the commis-
sioner of veterans' services, not later than February first of each
year, shall publish by any reasonable means the amount of the annuity as
adjusted payable under this section.
§ 22. Evidence of entitlement. 1. The evidence of such service, blind-
ness, residence and domicile, or of such marriage, widowhood, residence
and domicile in each case shall be furnished in the manner and form
prescribed by the commissioner of veterans' services who shall examine
the same.
2. Upon being satisfied that such service was performed, that other
facts and statements in the application of such veteran or widow or
widower are true and that the said veteran has been classified by the
New York state commission for the visually handicapped as a blind
person, where such veteran is not receiving or not entitled to receive a
benefit from any existing retirement system to which the state is a
contributor, unless such veteran shall have become disabled by reason of
loss of sight, while engaged in employment entitling him or her to
receive a benefit from any existing retirement system to which the state
is a contributor, and as a result of such disability has retired from
such employment and is receiving or is entitled to receive a benefit
from such retirement system the commissioner of veterans' services shall
certify to the state comptroller the name and address of such veteran or
widow or widower.
3. Thereafter the department of taxation and finance, through the
division of finance, on the audit and warrant of the comptroller, shall
pay such veteran or widow or widower such sum as is authorized by the
provisions of this article in monthly installments for so long as such
veteran or widow or widower shall meet the requirements of this article.
§ 23. Persons who may receive annuity. 1. a. The word "veteran" means
a veteran as defined in section one of this article who is a resident,
and who (i) has been or may be released from such service under other
S. 8006--C 79 A. 9006--C
than dishonorable conditions, or (ii) has a qualifying condition, as
defined in section one of this article, and has received a discharge
other than bad conduct or dishonorable from such service, or (iii) is a
discharged LGBT veteran, as defined in section one of this article, and
has received a discharge other than bad conduct or dishonorable from
such service, and who (iv) was a recipient of the armed forces expedi-
tionary medal, the navy expeditionary medal or the marine corps expedi-
tionary medal for participation in operations in Lebanon from June
first, nineteen hundred eighty-three to December first, nineteen hundred
eighty-seven, in Grenada from October twenty-third, nineteen hundred
eighty-three to November twenty-first, nineteen hundred eighty-three, or
in Panama from December twentieth, nineteen hundred eighty-nine to Janu-
ary thirty-first, nineteen hundred ninety, or (v) served on active duty
for ninety days or more in the uniformed services of the United States
during any one of the following wars or hostilities:
(1) in the Spanish-American war from the twenty-first day of April,
eighteen hundred ninety-eight to the eleventh day of April, eighteen
hundred ninety-nine, inclusive;
(2) in the Philippine insurrection or the China relief expedition from
the eleventh day of April, eighteen hundred ninety-nine to the fourth
day of July, nineteen hundred two, inclusive;
(3) in the Mexican border campaign from the ninth day of May, nineteen
hundred sixteen, to the fifth day of April, nineteen hundred seventeen,
inclusive;
(4) in World War I from the sixth day of April, nineteen hundred
seventeen to the eleventh day of November, nineteen hundred eighteen,
inclusive;
(5) in World War II from the seventh day of December, nineteen hundred
forty-one to the thirty-first day of December, nineteen hundred forty-
six, inclusive, or who was employed by the War Shipping Administration
or Office of Defense Transportation or their agents as a merchant seaman
documented by the United States Coast Guard or Department of Commerce,
or as a civil servant employed by the United States Army Transport
Service (later redesignated as the United States Army Transportation
Corps, Water Division) or the Naval Transportation Service; and who
served satisfactorily as a crew member during the period of armed
conflict, December seventh, nineteen hundred forty-one, to August
fifteenth, nineteen hundred forty-five, aboard merchant vessels in
oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense, or who served as a United States civilian employed by the Amer-
ican Field Service and served overseas under United States Armies and
United States Army Groups in World War II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who (i) was discharged or
released therefrom under honorable conditions, or (ii) has a qualifying
condition, as defined in section one of this article, and has received a
discharge other than bad conduct or dishonorable from such service, or
(iii) is a discharged LGBT veteran, as defined in section one of this
article, and has received a discharge other than bad conduct or
dishonorable from such service, or who served as a United States civil-
S. 8006--C 80 A. 9006--C
ian Flight Crew and Aviation Ground Support Employee of Pan American
World Airways or one of its subsidiaries or its affiliates and served
overseas as a result of Pan American's contract with Air Transport
Command or Naval Air Transport Service during the period of armed
conflict, December fourteenth, nineteen hundred forty-one through August
fourteenth, nineteen hundred forty-five, and who (iv) was discharged or
released therefrom under honorable conditions, or (v) has a qualifying
condition, as defined in section one of this article, and has received a
discharge other than bad conduct or dishonorable from such service, or
(vi) is a discharged LGBT veteran, as defined in section one of this
article, and has received a discharge other than bad conduct or
dishonorable from such service;
(6) in the Korean hostilities from the twenty-seventh day of June,
nineteen hundred fifty to the thirty-first day of January, nineteen
hundred fifty-five, inclusive;
(7) in the Vietnam conflict from the first day of November, nineteen
hundred fifty-five to the seventh day of May, nineteen hundred seventy-
five;
(8) in the Persian Gulf conflict from the second day of August, nine-
teen hundred ninety to the end of such conflict.
b. The word "veteran" shall also mean any person who meets the other
requirements of paragraph a of this subdivision, who served on active
duty for less than ninety days, if he or she was discharged or released
from such service for a service-connected disability or who served for a
period of ninety consecutive days or more and such period began or ended
during any war or period of hostilities as defined in paragraph a of
this subdivision.
c. The term "active duty" as used in this article shall mean full time
duty in the uniformed services, other than active duty for training;
provided, however, that "active duty" shall also include any period of
active duty for training during which the individual concerned was disa-
bled or died from a disease or injury incurred or aggravated during such
period.
2. No annuity shall be paid under this article to or for a person who
is in prison in a federal, state or local penal institution as a result
of conviction of a felony or misdemeanor for any part of the period
beginning sixty-one days after his or her imprisonment begins and ending
when his or her imprisonment ends.
3. Where any veteran is disqualified for the annuity for any period
solely by reason of the provisions of subdivision two of this section,
the commissioner of veterans' services shall pay to his or her spouse,
if any, the annuity which such veteran would receive for that period but
for said subdivision two.
4. In case an unmarried, divorced or widowed veteran or a widow of a
deceased annuitant is being furnished hospital treatment, institutional
or domiciliary care by the United States or the state, the annuity paya-
ble under this article to such veteran or widow or widower may be
discontinued after the first day of the seventh calendar month following
the month of admission of such veteran or widow for treatment or care.
Payment of such annuity shall be resumed if such veteran or widow or
widower is discharged from the hospital, institution or home, or if his
or her treatment or care therein is otherwise terminated.
5. Where payment of the annuity as hereinbefore authorized is to be
made to a mentally incompetent person or a conservatee, such payment may
be authorized by the commissioner of veterans' services of the state to
be paid only to a duly qualified court-appointed committee or conserva-
S. 8006--C 81 A. 9006--C
tor, legally vested with the care of such incompetent's person or prop-
erty or of such conservatee's property, except that in the case of an
incompetent annuitant for whom a committee has not been appointed or a
person under a substantial impairment for whom a conservator has not
been appointed and who is hospitalized in a United States veterans
health administration hospital or in a hospital under the jurisdiction
of the state of New York, the commissioner of veterans' services of the
state may in his or her discretion certify payment of the annuity, as
hereinbefore authorized, to the manager of such United States veterans
health administration hospital or to the commissioner of such state
hospital for the account of the said incompetent or substantially
impaired annuitant.
§ 24. New York state veterans' cemeteries. 1. Legislative intent. The
legislature finds and determines that the devoted service and sacrifice
of veterans deserve important, unique and eternal recognition by the
state of New York. That it is by means of the devoted service and sacri-
fice of veterans that the liberty, freedom and prosperity enjoyed by all
New Yorkers is maintained and preserved.
The legislature further finds and determines that to provide this
important, unique and eternal recognition, the state shall establish a
program of New York state veterans' cemeteries in New York. Such program
shall provide for the construction, establishment, expansion, improve-
ment, support, operation, maintenance and the provision of perpetual
care for state veterans' cemeteries in this state, and thereby for the
memorialization and remembrance of individual veterans and their service
to their community, state and nation.
The legislature additionally finds and determines that it is therefore
necessary to provide for the construction and establishment of one or
more New York state veterans' cemeteries, and that to thereafter,
provide for the expansion, improvement, support, operation, maintenance
and the provision of perpetual care of all such cemeteries so
constructed and established. The legislature also finds and determines
that it is appropriate to have the responsibility for the construction,
establishment, expansion, improvement, support, operation, maintenance
and the provision of perpetual care for veterans' cemeteries in this
state, to be under the oversight and direction of the state department
of veterans' services, and its commissioner, individually, and as chair
of the management board, for each such veterans' cemetery so constructed
and established.
2. The establishment of the first New York state veterans' cemetery.
(a) The commissioner shall issue, on behalf of the department, a public
request for information for any local government desiring to have the
first state veterans' cemetery located within its political subdivision.
Such request shall specify the type of information to be provided,
including, at a minimum, a detailed map of the site including potential
transportation routes, the history of the site, the types of burials the
site could accommodate, and the estimated number of veterans within a
seventy-five mile radius of the site. Such requests for information
shall be returnable to the department by no later than sixty days
following the issuance of the requests for information. Requests for
information issued by and returned to the department shall be publicly
available and posted on the department's website.
(a-1) Following the deadline for the return of requests for informa-
tion pursuant to paragraph (a) of this subdivision, the department, in
cooperation with the United States Department of Veterans Affairs, and
in consultation with, and upon the support of the department of state
S. 8006--C 82 A. 9006--C
division of cemeteries, is hereby directed to conduct an investigation
and study on the issue of the construction and establishment of the
first New York state veterans' cemetery. Such investigation and study
shall include, but not be limited to:
(i) Potential site locations for such cemetery, with full consider-
ation as to the needs of the veterans population; only locations within
local governments that have submitted a request for information pursuant
to paragraph (a) of this subdivision shall be considered and each such
submission shall be considered;
(ii) The size of the cemetery and types of grave sites;
(iii) The number of annual interments at the cemetery;
(iv) Transportation accessibility to the cemetery by veterans, their
families and the general public;
(v) Costs for construction of the cemetery;
(vi) Costs of operation of the cemetery, including but not limited to
staffing costs to maintain the cemetery;
(vii) Scalability of the cemetery for future growth and expansion;
(viii) Potential for funding for the cemetery from federal, local and
private sources;
(ix) Cost of maintenance;
(x) Data on the population that would be served by the site;
(xi) The average age of the population in the area covered;
(xii) The mortality rate of the veteran population for the area;
(xiii) Surrounding land use;
(xiv) Topography of the land;
(xv) Site characteristics;
(xvi) Cost of land acquisition;
(xvii) The location of existing cemeteries including but not limited
to national veterans' cemeteries, county veterans' cemeteries, ceme-
teries that have plots devoted to veterans, not-for-profit cemeteries
and any other burial ground devoted to veterans and any other type of
burial grounds devoted to the interment of human remains that is of
public record; and
(xviii) Such other and further items as the commissioner of the
department deems necessary for the first state veterans' cemetery to be
successful.
A report of the investigation and study conclusions shall be delivered
to the governor, the temporary president of the senate, the speaker of
the assembly and the chair of the senate committee on veterans, homeland
security and military affairs, and the chair of the assembly committee
on veterans' affairs by no later than one hundred eighty days after the
department has commenced the conduct of the investigation and study.
(a-2) Upon the completion of the investigation and study, the results
shall be provided to the selection committee. The selection committee
shall consist of nine members as follows:
(i) The commissioner of the department of veterans' services, or his
or her representative;
(ii) The director of the division of the budget, or his or her repre-
sentative;
(iii) Three members appointed by the governor, two of whom shall be
veterans;
(iv) Two members appointed by the temporary president of the senate,
at least one of whom shall be a veteran; and
(v) Two members appointed by the speaker of the assembly, at least one
of whom shall be a veteran.
S. 8006--C 83 A. 9006--C
(a-3) The selection committee shall be subject to articles six and
seven of the public officers law. The selection committee shall evaluate
the results of the study and, upon a majority vote, make a determination
as to the location of the first state veterans' cemetery. In making this
determination, the committee's consideration shall, at a minimum,
include:
(i) The findings established by the study;
(ii) The submitted responses to the requests for information issued
pursuant to paragraph (a) of this subdivision;
(iii) The guidelines for receipt of federal funding specified in 38
USC 2408, 38 CFR 39, and any other relevant federal statute or regu-
lation;
(iv) The possibility of funding from private individuals, corpo-
rations, or foundations; and
(v) Any other consideration that would facilitate the successful oper-
ation of the first state veterans' cemetery.
(b) The commissioner of the department, the commissioner of the office
of general services, and the chair of the division of cemeteries shall
determine the amount of money necessary to fund the non-reimbursable
costs of a state veterans' cemetery, such as operation and maintenance,
for a period of not less than ten years, provided that such amount shall
not include monies that would be recoverable by the cemetery pursuant to
a charge of fee for the provision of a gravesite for a non-veteran
spouse or eligible dependent. Prior to submitting any application for
funding from the government of the United States in accordance with the
grant requirements specified in 38 USC 2408, 38 CFR 30, and other rele-
vant federal statutes or regulations, for the purpose of seeking funds
to support the construction, establishment, expansion, improvement,
support, operation or maintenance of New York state's veterans' ceme-
teries, the director of the division of the budget and the office of the
state comptroller must certify to the governor, the temporary president
of the senate, the speaker of the assembly, the chair of the senate
finance committee and the chair of the assembly ways and means committee
that there are sufficient funds to cover such amount; provided further
that such moneys may include the veterans remembrance and cemetery main-
tenance and operation fund created pursuant to section ninety-seven-mmmm
of the state finance law. In making such a certification, the director
of the division of the budget and the office of the state comptroller
shall consider, but are not limited to, the following factors:
(i) physical attributes of the veterans cemetery, including size,
location, and terrain;
(ii) staffing costs, cost of equipment and equipment maintenance, and
security costs;
(iii) relevant state and federal requirements and specifications for
interment and perpetual care;
(iv) estimates provided by the United States Department of Veterans
Affairs;
(v) any other non-reimbursable fiscal cost, charge or assessment that
would be incurred by the cemetery.
(c) Once the certification that there are sufficient funds pursuant to
paragraph (b) of this subdivision has been made, and no later than thir-
ty days following the selection of the site pursuant to paragraph (a-3)
of this subdivision, the commissioner, in consultation with the manage-
ment board of the first New York state veterans' cemetery, shall
commence the application process for funding from the government of the
United States, in accordance with the grant requirements specified in
S. 8006--C 84 A. 9006--C
section 2408 of title 38 of the United States code, part 39 of title 38
of the code of federal regulations, and any other relevant federal stat-
ute or regulation, for the purpose of seeking funds to support the
construction, establishment, expansion, improvement, support, operation,
maintenance and the provision of perpetual care of New York state's
first veterans' cemetery. Such grant application shall be based on a
site selected pursuant to paragraph (a-3) of this subdivision, and shall
be consistent with the guidelines for receipt of federal funding pursu-
ant to the relevant provisions of federal law.
(d) A management board for the first New York state veterans' cemetery
shall be appointed pursuant to subdivision three of this section.
(e) The commissioner shall promulgate rules and regulations governing:
(i) The guidelines and standards for the construction, establishment,
expansion, improvement, support, operation, maintenance and the
provision of perpetual care for a state veterans' cemetery. Such guide-
lines shall include, but not be limited to:
(1) The size and terrain of the cemetery;
(2) The management and operation of the cemetery, including but not
limited to:
(A) Hours of operation;
(B) Employees, employee relations, and employee duties;
(C) The conduct and practice of events, ceremonies and programs;
(D) The filing and compliance of the cemetery with state and federal
regulators; and
(E) Such other and further operational and management practices and
procedures as the commissioner shall determine to be necessary for the
successful operation of a state veterans' cemetery.
(3) The layout of plots;
(4) The locations of building and infrastructure, including but not
limited to:
(A) Electrical lines and facilities;
(B) Waterlines, irrigation systems, and drainage facilities;
(C) Trees, flowers and other plantings;
(D) Non gravesite memorials, gravesite memorials, mausoleums, colum-
barium niches, headstones, grave markers, indoor interment facilities,
committal-service shelters, signage, flag poles, and other memorial
gathering spaces or infrastructure;
(E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts;
(F) Ponds, lakes and other water sites;
(G) Retaining walls, gates, fences, security systems or other devices
for cemetery protection; and
(H) Any other buildings, structures or infrastructure necessary for
the safe, efficient and effective operation of the cemetery;
(5) The qualifications for interment, consistent with the provisions
of state and federal law and any requirements pursuant to the receipt of
federal, state, local or private funds;
(6) The location and placement of interments;
(7) Consistent with the provisions of state and federal law and any
requirements pursuant to the receipt of federal, state, local or private
funds, the financial management of the cemetery, including but not
limited to:
(A) The procedures for the protection and implementation of the ceme-
tery's annual budget;
(B) The seeking, collecting, deposit and expenditure of operating
funds pursuant to the cemetery's budget;
S. 8006--C 85 A. 9006--C
(C) The seeking, collecting, deposit and expenditure of capital funds
pursuant to the cemetery's capital plan;
(D) The seeking, collecting, deposit and expenditure of emergency
funds to address an unexpected event;
(E) The assessment, charging, collection and deposit of fees and
charges;
(F) The management of cemetery finances, both current and future, with
respect to investments; and
(G) Such other and further procedures and activities concerning the
financial management of the cemetery;
(8) The provision of perpetual care for the cemetery, including but
not limited to:
(A) The frequency, standards and methods for the beautification and
maintenance of grounds, memorials, gravesites, buildings, ceremonial
sites, or other locations within, or upon the curtilage of the cemetery;
(B) The frequency, standards and methods for the provision of flags,
patriotic and military symbols, and other honorary items, at each
gravesite and throughout the cemetery; and
(C) Such other and further standards as are necessary to assure the
proper perpetual care of the cemetery in a manner befitting the highest
level of honor and respect deserving to those veterans and their fami-
lies interred in the cemetery;
(9) Guidelines and standards for the procurement of land for the ceme-
tery providing that the state veterans' cemetery, and all the property
upon which it resides shall be owned in fee simple absolute by the state
of New York;
(10) Guidelines and standards for the practices and procedures for the
construction and establishment of a state veterans' cemetery, including
contracting and purchasing for construction services, professional
services, legal services, architectural services, consulting services,
as well as the procurement of materials, all consistent with the rele-
vant provisions of federal, state and local law, the regulations promul-
gated thereunder, and the requirements contained in the grants awarded
or pursued from the federal government, or any source of private fund-
ing;
(11) Guidelines and standards for the practices and procedures for the
expansion and improvement of a state veterans' cemetery, including
contracting and purchasing for construction services, professional
services, legal services, architectural services, consulting services,
as well as the procurement of materials, all consistent with the rele-
vant provisions of federal, state and local law, the regulations promul-
gated thereunder, and the requirements contained in the grants awarded
or pursued from the federal government, or any source of private fund-
ing;
(12) Any other guidelines and standards that would facilitate the
successful construction, establishment, expansion, improvement, support,
operation, maintenance and the provision of perpetual care for the state
veterans' cemetery;
(ii) Guidelines and standards for any local government desiring to
have the first state veterans' cemetery located within its political
subdivision, including, but not limited to:
(1) The requirement that the local government will comply with all
state and federal statutes and regulations concerning the construction,
establishment, expansion, improvement, support, operation, maintenance
and the provision of perpetual care of the state veterans' cemetery, and
S. 8006--C 86 A. 9006--C
shall satisfy any and all applicable state and federal standards and
requirements for the perpetual care of the state veterans' cemetery;
(2) That the state veterans' cemetery, and all the property upon which
it resides shall be owned in fee simple absolute by the state of New
York;
(3) That all lands upon which such cemetery is constructed and estab-
lished shall be used solely for state veterans' cemetery purposes, and
for the purpose of providing the honor and remembrance of veterans and
their service through ceremonies and programs;
(4) Such other and further requirements as the commissioner may deem
prudent in the facilitation of the successful siting and operation of a
state veterans' cemetery in the jurisdiction of the local government;
and
(iii) Such other and further guidelines and standards as are necessary
for the successful construction, establishment, expansion, improvement,
support, operation, maintenance and the provision of perpetual care for
a state veterans' cemetery.
(f) Upon the approval of the application for funding from the govern-
ment of the United States, made pursuant to paragraph (c) of this subdi-
vision, the commissioner, upon consultation with the management board,
shall commence the process of construction and establishment of the
first state veterans' cemetery. Such process shall be consistent with
the relevant provisions of local, state and federal law, and the rules
and regulations established pursuant to paragraph (e) of this subdivi-
sion.
3. Management boards of New York state veterans' cemeteries. (a) For
each New York state veterans' cemetery there shall be a management
board. Each such management board shall consist of nine members, includ-
ing the commissioner of the department who shall serve as chair, and
four members, appointed by the governor. Of such four members, not fewer
than two shall be a veteran of the United States as defined in section
one of this article or a member of the New York army national guard or
the New York air national guard, or the New York naval militia. Two
members shall be appointed by the temporary president of the senate, and
two members shall be appointed by the speaker of the state assembly.
At least one of the members appointed by the temporary president of the
senate and at least one of the members appointed by the speaker of
the assembly shall be a veteran of the United States as defined in
section one of this article or a member of the New York army national
guard or the New York air national guard, or the New York naval militia.
No member shall receive any compensation for his or her service, but
members who are not state officials may be reimbursed for their actu-
al and necessary expenses, including travel expenses incurred in
performance of their duties. The management board may consult with any
federal, state or local entity for the purposes of advancing its
purposes, mission and duties.
(b) The management board shall advise, by majority vote, the commis-
sioner on issues concerning the construction, establishment, expansion,
improvement, support, operation, maintenance and the provision of
perpetual care for the veterans' cemetery, including but not limited to
issues of financial concern, employment relations, cemetery policy,
cemetery events and programs, and such other and further issues as the
board and commissioner shall deem important.
4. Additional state veterans' cemeteries. (a) Not later than ten years
after the construction and establishment of the first New York state
veterans' cemetery, and every ten years thereafter, the department, in
S. 8006--C 87 A. 9006--C
cooperation with the United States Department of Veterans Affairs, shall
conduct an investigation and study on the issue of the construction and
establishment of additional New York state veterans' cemeteries. Such
investigation and study shall consider, but not be limited to, the study
parameters established pursuant to paragraph (a) of subdivision two of
this section. A report of the investigation and study required to be
conducted pursuant to this subdivision shall be delivered to the gover-
nor, the temporary president of the senate, the speaker of the assembly
and the chair of the senate committee on veterans, homeland security and
military affairs, and the chair of the assembly committee on veterans'
affairs, by no later than ninety days after the department has commenced
the conduct of the investigation and study;
(b) The report of the investigation and study required to be conducted
pursuant to this subdivision shall provide a determination by the direc-
tor as to whether the state should construct and establish one or more
additional veterans' cemeteries, and shall state the reasoning and basis
for such determination; and
(c) The department may, at the discretion of the commissioner, at any
time after five years from the completion of construction of the most
recently constructed and established state veterans' cemetery, in coop-
eration with the United States Department of Veterans Affairs, conduct
an investigation and study on the issue of the construction and estab-
lishment of additional New York state veterans' cemeteries. A report of
the investigation and study required to be conducted shall be delivered
to the governor, the temporary president of the senate, the speaker of
the assembly and the chair of the senate committee on veterans, homeland
security and military affairs, and the chair of the assembly committee
on veterans' affairs, by no later than ninety days after the department
has commenced the conduct of the investigation and study.
(d) If the commissioner, pursuant to the investigation and study
conducted pursuant to this subdivision, determines that there shall be
an additional state veterans' cemetery in New York state, the commis-
sioner shall provide for the construction and establishment of such new
veterans' cemetery pursuant to the same guidelines and standards for the
construction and establishment of the first state veterans' cemetery
under this section.
5. Expansion and improvement of existing state veterans' cemeteries.
The commissioner, in consultation with the management board of a state
veterans' cemetery, may provide for the expansion and/or improvement of
the cemetery. Such expansion and improvement shall be conducted in
accordance with the rules and regulations of the department under para-
graph (e) of subdivision two of this section.
§ 25. Veterans health screening. 1. As used in this section: a.
"Eligible member" means a member of the New York army national guard or
the New York air national guard who served in the Persian Gulf War, as
defined in 38 USC 101, or in an area designated as a combat zone by the
president of the United States during Operation Enduring Freedom or
Operation Iraqi Freedom;
b. "Veteran" means a person as defined in section one of this article
who is a resident of the state;
c. "Military physician" includes a physician who is under contract
with the United States department of defense to provide physician
services to members of the uniformed services; and
d. "Depleted uranium" means uranium containing less uranium-235 than
the naturally occurring distribution of uranium isotopes.
S. 8006--C 88 A. 9006--C
2. On and after February first, two thousand seven, the adjutant
general and the state commissioner shall assist any eligible member or
veteran who has been experiencing health problems. Such problems may
include exposure to toxic materials or harmful physical agents such as
depleted uranium. An eligible member or veteran who has been assigned a
risk level I, II or III for depleted uranium exposure by his or her
branch of service, is referred by a military physician, or has reason to
believe that he or she was exposed to toxic materials or harmful phys-
ical agents such as depleted uranium during such service, in obtaining
federal treatment services. Such treatment shall include, but not be
limited to, a best practice health screening test for exposure to
depleted uranium using a bioassay procedure involving sensitive methods
capable of detecting depleted uranium at low levels and the use of
equipment with the capacity to discriminate between different radioiso-
topes in naturally occurring levels of uranium and the characteristic
ratio and marker for depleted uranium. As more scientific reliable tests
become available such test shall be included in the treatment protocol.
No state funds shall be used to pay for such tests or such other federal
treatment services.
3. On or before February first, two thousand seven, the adjutant
general shall submit a report to the chair of the senate veterans, home-
land security and military affairs committee and the chair of the assem-
bly veterans' affairs committee on the scope and adequacy of training
received by members of the New York army national guard and the New York
air national guard on detecting whether their service as eligible
members is likely to entail, or to have entailed, exposure to toxic
materials or harmful physical agents such as depleted uranium. The
report shall include an assessment of the feasibility and cost of adding
predeployment training concerning potential exposure to depleted uranium
and other toxic chemical substances and the precautions recommended
under combat and noncombat conditions while in a combat theater or
combat zone of operations.
§ 26. Payment to parents of veterans. 1. Annuity established. (a) A
parent, identified in 10 USC 1126 as a gold star parent, of a veteran
who heretofore has died or a parent of a veteran dying hereafter, shall
upon application to the state commissioner, be paid an annual annuity
out of the treasury of the state for the sum of five hundred dollars for
such term as such parent shall be entitled thereto under the provisions
of this article. Commencing in the year two thousand nineteen, the
amount of any annuity payable under this section shall be the same
amount as the annuity payable in the preceding year plus a percentage
adjustment equal to the annual percentage increase, if any, for compen-
sation and pension benefits administered by the United States Department
of Veterans Affairs in the previous year. Such percentage increase shall
be rounded up to the next highest one-tenth of one percent and shall not
be less than one percent nor more than four percent. The commissioner of
veterans' services, not later than February first of each year, shall
publish by any reasonable means, including but not limited to posting on
the department's website, the amount of the annuity as adjusted payable
under this section. The term "parent" for the purposes of this section
includes mother, father, stepmother, stepfather, mother through adoption
and father through adoption.
(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
S. 8006--C 89 A. 9006--C
application to the state commissioner, if such parent shall thereafter
resume his or her residence and domicile in the state.
(c) The effective date of an award of the annuity to a parent shall be
the day after the date of death of the veteran if the application there-
for is received within one year from date of death. If the application
is received after the expiration of the first year following the date of
the death of the veteran, the effective date of an award of the annuity
to a parent shall be the date of receipt of the application by the state
commissioner. If the application is denied but is granted at a later
date upon an application for reconsideration based upon new evidence,
the effective date of the award of the annuity to a parent shall be the
date of the receipt of the application for reconsideration by the state
commissioner.
(d) Any applicant convicted of making any false statement in the
application for the annuity shall be subject to penalties prescribed in
the penal law.
2. Qualifications. (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, shall make application to the department.
(b) No entitlement shall be paid under this section to or for a gold
star parent who is in prison in a federal, state, or local penal insti-
tution as a result of conviction of a felony or misdemeanor for any part
of the period beginning sixty-one days after his or her imprisonment
begins and ending with his or her release.
(c) Where one or more gold star parents are disqualified for the annu-
ity for a period under paragraph (b) of this subdivision, the state
commissioner shall pay the shares of such disqualified parents to the
other parents, if they meet the qualifications on their own.
(d) The decision of the state commissioner on matters regarding the
payment of such annuity shall be final.
3. Method of payment. (a) Evidence of the military service of the
deceased veteran of the gold star parent for each case shall be
furnished in the manner and form prescribed by the state commissioner.
(b) Upon being satisfied that such service was honorable, that other
facts and statements in the application of such gold star parent are
true, the state commissioner shall certify to the state comptroller the
name and address of such gold star parent.
(c) Thereafter, the department of taxation and finance, on the audit
and warrant of the comptroller, shall pay such gold star parent such sum
as is authorized by the provisions of this section in semi-annual
installments for so long as such qualified gold star parent shall meet
the requirements of this section.
4. Report. The state commissioner shall submit a report to the gover-
nor, the chair of the senate finance committee, and the chair of the
assembly ways and means committee not later than January fifteenth of
each year this section is in effect. Such report shall include, but not
be limited to regulations promulgated pursuant to this section, and a
description and evaluation of the program.
§ 27. Cremated remains of a veteran. The cremated remains of a veteran
may be disposed of pursuant to the provisions of section forty-two
hundred three of the public health law.
§ 28. New York state silver rose veterans service certificate. The
commissioner, in consultation with the adjutant general, is hereby
authorized to present in the name of the legislature of the state of New
York, a certificate, to be known as the "New York State Silver Rose
S. 8006--C 90 A. 9006--C
Veterans Service Certificate", bearing a suitable inscription to any
person:
1. who is a citizen of the state of New York; or
2. who was a citizen of the state of New York while serving in the
uniformed services of the United States, and who while serving in the
uniformed services of the United States, or the organized militia on
active duty was exposed to dioxin or phenoxy herbicides, as evinced by a
medical diagnosis of a disease associated with dioxin or phenoxy herbi-
cides, and any other proof determined by the adjutant general to be
necessary; or
3. who was honorably discharged or released under honorable circum-
stances.
Not more than one New York state silver rose veterans certificates
shall be awarded or presented, under the provisions of this section, to
any person whose entire service subsequent to the time of the receipt of
such certificate shall not have been honorable. In the event of the
death of any person during or subsequent to the receipt of such certif-
icate it shall be presented to such representative of the deceased as
may be designated. The commissioner, in consultation with the adjutant
general, shall make such rules and regulations as may be deemed neces-
sary for the proper presentation and distribution of such certificates.
§ 29. Intake forms for admission and residency. 1. The department, in
cooperation with the office of temporary and disability assistance and
any other state department, office, division or agency the depart-
ment deems necessary, shall require that all intake forms for admis-
sion or residency to any temporary shelter that is reimbursed from
state or state-administered grants or funds shall ask an applicant:
"Have you or anyone in your household ever been in the United States
military?". Each social services district or social services district's
designee shall in writing advise all individuals applying for temporary
housing assistance and identifying themselves as having been in the
United States military that the department of veterans' services
and local veterans' service agencies established pursuant to section
fourteen of this article provide assistance to veterans regarding bene-
fits available under federal and state law. Such written information
shall include the name, address and telephone number of the New York
state department of veterans' services, the nearest department of
veterans' services office, the nearest county or city veterans' service
agency and the nearest accredited veterans' service officer. Each
social services district or social services district's designee,
with the permission of such individual's identifying themself as
a veteran, shall transmit such veteran's status information to the
department of veterans' services.
2. The department, in cooperation with the office of temporary
and disability assistance and any other state department, office,
division or agency the department deems necessary, shall encourage
all other temporary shelter providers to share information to
increase veteran access to benefits by:
(a) providing information on the department website including:
(i) potential questions for inclusion on intake forms including, but
not limited to: "Have you or anyone in your household ever been in the
United States military?";
(ii) advising such providers that all individuals identifying
themselves as having been in the United States military that the
division and local veterans' service agencies provide assistance to
veterans regarding benefits available under federal and state law; and
S. 8006--C 91 A. 9006--C
(iii) the address and telephone number of the department, county
and city veterans' service agencies and accredited veterans'
service officers; and
(b) facilitating the transmission of such veteran's status
information, with the permission of individuals identifying themselves
as a veteran, to the department.
ARTICLE 2
VETERANS EMPLOYMENT ACT
Section 30. Short title.
31. Legislative findings.
32. Definitions.
33. Temporary hiring.
34. Department of civil services responsibilities.
35. Regulations.
§ 30. Short title. This article shall be known and may be cited as the
"veterans employment act".
§ 31. Legislative findings. The legislature hereby finds that it is
estimated that over the next five years, forty-four thousand veterans
are expected to return to this state from their military posts, making
the Empire State home to one of the largest veteran populations in the
country. Shockingly, the unemployment rate for Post-9/11 veterans in New
York was 10.7% in two thousand twelve, which is nearly one percent high-
er than the national average and higher than the state's overall 8.2%
unemployment rate. The legislature has found previously that it is in
the interest of the state to ensure that returning veterans have employ-
ment opportunities available upon their separation from military
service.
The state already encourages private businesses to hire military
veterans through tax credits and other economic incentives. In addition,
the legislature has previously found that state agencies spend millions
of dollars annually on temporary staff hired from temporary employment
service companies to cover temporary staffing needs. These temporary
state jobs could serve as a bridge for recently discharged military
veterans who have yet to find full-time permanent work. In addition,
these temporary assignments could serve to develop the next generation
of the state workforce and help with succession planning for the current
workforce.
The legislature declares it to be the policy of this state to use
veterans for temporary appointments in state agencies rather than
utilizing temporary employment service companies in order to provide
employment opportunities for returning military veterans.
§ 32. Definitions. As used in this article:
1. "State agency" shall mean any department, board, bureau, division,
commission, council or committee within the executive branch, the state
university of New York, the city university of New York, and all public
authorities under the control of the executive branch.
2. "Temporary appointment" shall have the same meaning as provided in
section sixty-four of the civil service law.
3. "Veteran" means a veteran (a) as defined in section one of this
chapter, or (b) a member of the New York guard or New York naval mili-
tia who was discharged under other than dishonorable conditions, and who
was released from such service after September eleventh, two thousand
one.
4. "Veteran temporary hiring list" shall mean a hiring list maintained
by the department of civil service.
S. 8006--C 92 A. 9006--C
§ 33. Temporary hiring. Notwithstanding any provision of law to the
contrary, a state agency shall select a veteran from the veteran tempo-
rary hiring list when making a temporary appointment provided such
veteran possesses the applicable skills needed for the temporary assign-
ment.
§ 34. Department of civil services responsibilities. The department of
civil service shall:
1. establish and maintain a veteran temporary hiring list, for use by
state agencies in the implementation of this article;
2. assist state agencies by making available services of the depart-
ment of civil service to facilitate the provisions of this article; and
3. establish and maintain, together with the commissioner of the
department of veterans' services, a program to educate separating
service members as to the benefits available to veterans under this
article.
§ 35. Regulations. The president of the state civil service commission
shall promulgate such rules and regulations as shall be necessary to
implement the provisions of this article.
ARTICLE 3
PARTICIPATION BY SERVICE-DISABLED VETERANS WITH RESPECT TO
STATE CONTRACTS
Section 40. Definitions.
41. Division of service-disabled veterans' business development.
42. Opportunities for certified service-disabled veteran-owned
business enterprises.
43. Severability.
§ 40. Definitions. As used in this article, the following terms shall
have the following meanings:
1. "Certified service-disabled veteran-owned business enterprise"
shall mean a business enterprise, including a sole proprietorship, part-
nership, limited liability company or corporation that is:
(a) at least fifty-one percent owned by one or more service-disabled
veterans;
(b) an enterprise in which such service-disabled veteran ownership is
real, substantial, and continuing;
(c) an enterprise in which such service-disabled veteran ownership has
and exercises the authority to control independently the day-to-day
business decisions of the enterprise;
(d) an enterprise authorized to do business in this state and is inde-
pendently-owned and operated;
(e) an enterprise that is a small business which has a significant
business presence in the state, not dominant in its field and employs,
based on its industry, a certain number of persons as determined by the
director, but not to exceed three hundred, taking into consideration
factors which include, but are not limited to, federal small business
administration standards pursuant to 13 CFR part 121 and any amendments
thereto; and
(f) certified by the office of general services.
2. "Commissioner" shall mean the commissioner of the office of general
services.
3. "Director" shall mean the director of the division of service-disa-
bled veterans' business development.
4. "Division" shall mean the division of service-disabled veterans'
business development in the office of general services.
S. 8006--C 93 A. 9006--C
5. "Service-disabled veteran" shall mean (a) a veteran as defined in
section one of this chapter and who received a compensation rating of
ten percent or greater from the United States Department of Veterans
Affairs or from the United States department of defense because of a
service-connected disability incurred in the line of duty, and (b) in
the case of the New York guard or the New York naval militia and/or
reserves thereof, a veteran who certifies, pursuant to the rules and
regulations promulgated by the director, to having incurred an injury
equivalent to a compensation rating of ten percent or greater from the
United States Department of Veterans Affairs or from the United States
Department of Defense because of a service-connected disability incurred
in the line of duty.
6. "State agency" shall mean: (a)(i) any state department; or (ii) any
division, board, commission or bureau of any state department; or (iii)
the state university of New York and the city university of New York,
including all their constituent units except community colleges and the
independent institutions operating statutory or contract colleges on
behalf of the state; or (iv) a board, a majority of whose members are
appointed by the governor or who serve by virtue of being state officers
or employees as defined in subparagraph (i), (ii) or (iii) of paragraph
(i) of subdivision one of section seventy-three of the public officers
law.
(b) a "state authority" as defined in subdivision one of section two
of the public authorities law, and the following:
Albany County Airport Authority;
Albany Port District Commission;
Alfred, Almond, Hornellsville Sewer Authority;
Battery Park City Authority;
Cayuga County Water and Sewer Authority;
(Nelson A. Rockefeller) Empire State Plaza Performing Arts Center
Corporation;
Industrial Exhibit Authority;
Livingston County Water and Sewer Authority;
Long Island Power Authority;
Long Island Rail Road;
Long Island Market Authority;
Manhattan and Bronx Surface Transit Operating Authority;
Metro-North Commuter Railroad;
Metropolitan Suburban Bus Authority;
Metropolitan Transportation Authority;
Natural Heritage Trust;
New York City Transit Authority;
New York Convention Center Operating Corporation;
New York State Bridge Authority;
New York State Olympic Regional Development Authority;
New York State Thruway Authority;
Niagara Falls Public Water Authority;
Niagara Falls Water Board;
Port of Oswego Authority;
Power Authority of the State of New York;
Roosevelt Island Operating Corporation;
Schenectady Metroplex Development Authority;
State Insurance Fund;
Staten Island Rapid Transit Operating Authority;
State University Construction Fund;
Syracuse Regional Airport Authority;
S. 8006--C 94 A. 9006--C
Triborough Bridge and Tunnel Authority;
Upper Mohawk valley regional water board;
Upper Mohawk valley regional water finance authority;
Upper Mohawk valley memorial auditorium authority;
Urban Development Corporation and its subsidiary corporations.
(c) the following only to the extent of state contracts entered into
for its own account or for the benefit of a state agency as defined in
paragraph (a) or (b) of this subdivision:
Dormitory Authority of the State of New York;
Facilities Development Corporation;
New York State Energy Research and Development Authority;
New York State Science and Technology Foundation.
(d) "state contract" shall mean: (i) a written agreement or purchase
order instrument, providing for a total expenditure in excess of twen-
ty-five thousand dollars, whereby a contracting agency is committed to
expend or does expend funds in return for labor, services including but
not limited to legal, financial and other professional services,
supplies, equipment, materials or any combination of the foregoing, to
be performed for, or rendered or furnished to the contracting agency;
(ii) a written agreement in excess of one hundred thousand dollars
whereby a contracting agency is committed to expend or does expend funds
for the acquisition, construction, demolition, replacement, major repair
or renovation of real property and improvements thereon; and (iii) a
written agreement in excess of one hundred thousand dollars whereby the
owner of a state assisted housing project is committed to expend or does
expend funds for the acquisition, construction, demolition, replacement,
major repair or renovation of real property and improvements thereon for
such project.
7. "Veteran" shall mean (a) a veteran as defined in section one of
this chapter, or (b) a member of the New York guard who was
discharged under other than dishonorable conditions, or (c) has a qual-
ifying condition, as defined in section one of this chapter, and has
received a discharge other than bad conduct or dishonorable from such
service, or (d) is a discharged LGBT veteran, as defined in section one
of this chapter, and has received a discharge other than bad conduct
or dishonorable from such service.
§ 41. Division of service-disabled veterans' business development. 1.
The head of the division of service-disabled veterans' business develop-
ment shall be the director who shall be appointed by the governor and
who shall hold office at the pleasure of the commissioner.
2. The director may appoint such deputies, assistants, and other
employees as may be needed for the performance of the duties prescribed
herein subject to the provisions of the civil service law and the rules
and regulations of the civil service commission. The director may
request and shall receive from any (i) department, division, board,
bureau, or executive commission of the state or (ii) state agency, such
assistance as may be necessary to carry out the provisions of this arti-
cle.
3. The director shall have the following powers and duties:
(a) Develop, collect, summarize and disseminate information that will
be helpful to persons and organizations throughout the state in under-
taking or promoting the establishment and successful operation of a
service-disabled veteran-owned business.
(b) Develop and make available to state agencies a directory of certi-
fied service-disabled veteran-owned business enterprises which shall,
wherever practicable, be divided into categories of labor, services,
S. 8006--C 95 A. 9006--C
supplies, equipment, materials and recognized construction trades and
which shall indicate areas or locations of the state where such enter-
prises are available to perform services. Such directory shall be posted
on the office of general services website.
(c) Assist state agencies in the development of programs to foster and
promote the use of service-disabled veteran-owned business enterprises
on state contracts.
(d) Coordinate the plans, programs and operations of the state govern-
ment which affect or may contribute to the establishment, preservation
and development of service-disabled veteran-owned business enterprises.
(e) To appoint independent hearing officers who by contract or terms
of employment shall preside over adjudicatory hearings pursuant to this
section for the office and who are assigned no other work by the office.
(f) In conjunction with the commissioner, develop a comprehensive
statewide plan and operational guidelines to promote service-disabled
veteran-owned business enterprises and to assist them in obtaining
opportunities to participate in the procurement of goods and services by
the state, including identification of barriers to service-disabled
veterans' business development and investigation and evaluation of their
impact on achieving the objectives of this article.
4. The commissioner shall:
(a) Coordinate training of all procurement personnel of state agen-
cies, emphasizing increased sensitivity and responsiveness to the unique
needs and requirements of service-disabled veteran-owned business enter-
prises.
(b) Conduct a coordinated review of all existing and proposed state
training and technical assistance activities in direct support of the
service-disabled veterans' business development program to assure
consistency with the objectives of this article.
(c) Evaluate and assess availability of firms for the purpose of
increasing participation of such firms in state contracting in consulta-
tion with relevant state entities including, but not limited to, the New
York state department of veterans' services.
(d) Provide advice and technical assistance to promote service-disa-
bled veteran-owned business enterprises' understanding of state procure-
ment laws, practices and procedures to facilitate and increase the
participation of service-disabled veteran-owned business enterprises in
state procurement.
(e) Establish regular performance reporting systems regarding imple-
mentation of the programs designed to increase service-disabled veter-
an-owned business participation in procurement contracts by state agen-
cies.
(f) Submit a report by the thirty-first of December each year, to the
governor, the temporary president of the senate, the speaker of the
assembly and the chairpersons of the senate finance and assembly ways
and means committees. Such report shall include information including,
but not limited to, the number of contracts entered into pursuant to
this article, the average amount of such contracts, the number of
service-disabled veteran-owned business enterprises certified, the
number of applications for certification as a service-disabled veteran-
owned business enterprise, the number of denials for such certification,
the number of appeals of such denials, and the outcome of such appeals
and the average time that is required for such certification to be
completed. Also to be included shall be the level of service-disabled
veteran-owned businesses participating in each agency's contracts for
goods and services and on activities of the division and efforts by each
S. 8006--C 96 A. 9006--C
contracting agency to promote utilization of service-disabled veteran-
owned businesses and to promote and increase participation by certified
service-disabled veteran-owned businesses with respect to state
contracts and subcontracts to such businesses. Such report may recommend
new activities and programs to effectuate the purposes of this article.
5. Certification. (a) The director, or in the absence of the director,
the commissioner, within ninety days of the effective date of this arti-
cle, shall promulgate rules and regulations providing for the establish-
ment of a statewide certification program including rules and regu-
lations governing the approval, denial, or revocation of any such
certification. Such rules and regulations shall include, but not be
limited to, such matters as may be required to ensure that the estab-
lished procedures thereunder shall at least be in compliance with the
code of fair procedure set forth in section seventy-three of the civil
rights law.
(b) The division of service-disabled veterans' business development
shall be responsible for verifying businesses as being owned, operated,
and controlled by a service-disabled veteran and for certifying such
verified businesses. Status as a service-disabled veteran pursuant to
paragraph (a) of this subdivision shall be documented by a copy of the
veteran's certificate of release or discharge from active duty, includ-
ing but not limited to, a DD-214 form or an honorable service
certificate/report of casualty from the Department of Defense, a letter
of certification by the United States Department of Veterans Affairs or
the United States Department of Defense and any additional information
that may be required by the division of service-disabled veterans' busi-
ness development. In the case of the New York guard or the New York
naval militia and/or reserves thereof, status as a service-disabled
veteran pursuant to this paragraph shall be documented pursuant to rules
and regulations promulgated by the director, or in the absence of the
director, the commissioner.
(c) Following application for certification pursuant to this section,
the director shall provide the applicant with written notice of the
status of the application, including notice of any outstanding deficien-
cies, within thirty days. Within sixty days of submission of a final
completed application, the director shall provide the applicant with
written notice of a determination by the director approving or denying
such certification and, in the event of a denial, a statement setting
forth the reasons for such denial. Upon a determination denying or
revoking certification, the business enterprise for which certification
has been so denied or revoked shall, upon written request made within
thirty days from receipt of notice of such determination, be entitled to
a hearing before an independent hearing officer designated for such
purpose by the director. In the event that a request for a hearing is
not made within such thirty-day period, such determination shall be
deemed to be final. The independent hearing officer shall conduct a
hearing and upon the conclusion of such hearing, issue a written recom-
mendation to the director to affirm, reverse, or modify such determi-
nation of the director. Such written recommendation shall be issued to
the parties. The director, within thirty days, by order, must accept,
reject or modify such recommendation of the hearing officer and set
forth in writing the reason therefor. The director shall serve a copy of
such order and reasons therefor upon the business enterprise by personal
service or by certified mail return receipt requested. The order of the
director shall be subject to review pursuant to article seventy-eight of
the civil practice law and rules.
S. 8006--C 97 A. 9006--C
(d) All certifications shall be valid for a period of five years.
§ 42. Opportunities for certified service-disabled veteran-owned busi-
ness enterprises. 1. The director, or in the absence of the director,
the commissioner, within ninety days of the effective date of this arti-
cle shall promulgate rules and regulations for the following purposes:
(a) provide measures and procedures to ensure that certified service-
disabled veteran-owned business enterprises are afforded the opportunity
for meaningful participation in the performance of state contracts and
to assist in state agencies' identification of those state contracts for
which certified service-disabled veteran-owned business enterprises may
best perform;
(b) provide for measures and procedures that assist state agencies in
the identification of state contracts where service-disabled veteran
contract goals are practical, feasible and appropriate for the purpose
of increasing the utilization of service-disabled veteran-owned business
enterprise participation on state contracts;
(c) achieve a statewide goal for participation on state contracts by
service-disabled veteran-owned business enterprises of six percent;
(d) provide for procedures relating to submission and receipt of
applications by service-disabled veteran-owned business enterprises for
certification;
(e) provide for the monitoring and compliance of state contracts by
state agencies with respect to the provisions of this article;
(f) provide for the requirement that state agencies submit regular
reports, as determined by the director, with respect to their service-
disabled veteran-owned business enterprise program activity, including
but not limited to, utilization reporting and state contract monitoring
and compliance;
(g) notwithstanding any provision of the state finance law, the public
buildings law, the highway law, the transportation law or the public
authorities law to the contrary, provide for the reservation or set-a-
side of certain procurements by state agencies in order to achieve the
objectives of this article; provided, however, that such procurements
shall remain subject to (i) priority of preferred sources pursuant to
sections one hundred sixty-two and one hundred sixty-three of the state
finance law; (ii) the approval of the comptroller of the state of New
York pursuant to section one hundred twelve and section one hundred
sixty-three of the state finance law and section twenty-eight hundred
seventy-nine-a of the public authorities law; and (iii) the procurement
record requirements pursuant to paragraph g of subdivision nine of
section one hundred sixty-three of the state finance law; and
(h) provide for any other purposes to effectuate this article.
2. State agencies shall administer the rules and regulations promul-
gated by the director for the implementation of this article.
§ 43. Severability. If any clause, sentence, paragraph, section or
part of this article shall be adjudged by any court of competent juris-
diction to be invalid, the 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 of this article direct-
ly involved in the controversy in which the judgment shall have been
rendered.
§ 3. Paragraph a of subdivision 3 of section 14-a of the domestic
relations law, as separately amended by section 27 of part AA of chapter
56 and chapter 177 of the laws of 2019, is amended to read as follows:
a. No fee shall be charged for any certificate when required by the
United States department of veterans affairs or by the [division]
S. 8006--C 98 A. 9006--C
DEPARTMENT of veterans' services of the state of New York to be used in
determining the eligibility of any person to participate in the benefits
made available by the United States department of veterans affairs or by
the state of New York.
§ 4. Subdivision 1 of section 19 of the domestic relations law, as
amended by section 28 of part AA of chapter 56 of the laws of 2019, is
amended to read as follows:
1. Each town and city clerk hereby empowered to issue marriage
licenses shall keep a book supplied by the state department of health in
which such clerk shall record and index such information as is required
therein, which book shall be kept and preserved as a part of the public
records of his or her office. Whenever an application is made for a
search of such records the city or town clerk, excepting the city clerk
of the city of New York, may make such search and furnish a certificate
of the result to the applicant upon the payment of a fee of five dollars
for a search of one year and a further fee of one dollar for the second
year for which such search is requested and fifty cents for each addi-
tional year thereafter, which fees shall be paid in advance of such
search. Whenever an application is made for a search of such records in
the city of New York, the city clerk of the city of New York may make
such search and furnish a certificate of the result to the applicant
upon the payment of a fee of five dollars for a search of one year and a
further fee of one dollar for the second year for which search is
requested and fifty cents each additional year thereafter. Notwithstand-
ing any other provision of this article, no fee shall be charged for any
search or certificate when required by the United States department of
veterans affairs or by the [division] DEPARTMENT of veterans' services
of the state of New York to be used in determining the eligibility of
any person to participate in the benefits made available by the United
States department of veterans affairs or by the state of New York. All
such affidavits, statements and consents, immediately upon the taking or
receiving of the same by the town or city clerk, shall be recorded and
indexed as provided herein and shall be public records and open to
public inspection whenever the same may be necessary or required for
judicial or other proper purposes. At such times as the commissioner
shall direct, the said town or city clerk, excepting the city clerk of
the city of New York, shall file in the office of the state department
of health the original of each affidavit, statement, consent, order of a
justice or judge authorizing immediate solemnization of marriage,
license and certificate, filed with or made before such clerk during the
preceding month. Such clerk shall not be required to file any of said
documents with the state department of health until the license is
returned with the certificate showing that the marriage to which they
refer has been actually performed.
The county clerks of the counties comprising the city of New York
shall cause all original applications and original licenses with the
marriage solemnization statements thereon heretofore filed with each,
and all papers and records and binders relating to such original docu-
ments pertaining to marriage licenses issued by said city clerk, in
their custody and possession to be removed, transferred, and delivered
to the borough offices of the city clerk in each of said counties.
§ 5. Subdivision 1 of section 3308 of the education law, as amended by
section 29 of part AA of chapter 56 of the laws of 2019, is amended to
read as follows:
1. Each member state shall, through the creation of a state council or
use of an existing body or board, provide for the coordination among its
S. 8006--C 99 A. 9006--C
agencies of government, local educational agencies and military instal-
lations concerning the state's participation in, and compliance with,
this compact and interstate commission activities. In New York, the
state council shall include the commissioner or his or her designee, the
[director] COMMISSIONER of the New York state [division] DEPARTMENT of
veterans' services or his or her designee, the adjutant general of the
state of New York or his or her designee, a superintendent of a school
district with a high concentration of military children appointed by the
commissioner, a district superintendent of schools of a board of cooper-
ative educational services serving an area with a high concentration of
military children appointed by the commissioner, a representative from a
military installation appointed by the governor, a representative of
military families appointed by the governor, a public member appointed
by the governor and one representative each appointed by the speaker of
the assembly, the temporary president of the senate and the governor.
§ 6. Subdivision 1 of section 6505-c of the education law, as amended
by section 30 of part AA of chapter 56 of the laws of 2019, is amended
to read as follows:
1. The commissioner shall develop, jointly with the [director] COMMIS-
SIONER of the [division] DEPARTMENT of veterans' services, a program to
facilitate articulation between participation in the military service of
the United States or the military service of the state and admission to
practice of a profession. The commissioner and the [director] COMMIS-
SIONER OF VETERANS' SERVICES shall identify, review and evaluate profes-
sional training programs offered through either the military service of
the United States or the military service of the state which may, where
applicable, be accepted by the department as equivalent education and
training in lieu of all or part of an approved program. Particular
emphasis shall be placed on the identification of military programs
which have previously been deemed acceptable by the department as equiv-
alent education and training, programs which may provide, where applica-
ble, equivalent education and training for those professions which are
critical to public health and safety and programs which may provide,
where applicable, equivalent education and training for those
professions for which shortages exist in the state of New York.
§ 7. The opening paragraph of section 5-211 of the election law, as
separately amended by chapters 587 and 672 of the laws of 2019, is
amended to read as follows:
Each agency designated as a participating agency under the provisions
of this section shall implement and administer a program of distribution
of voter registration forms pursuant to the provisions of this section.
The following offices which provide public assistance and/or provide
state funded programs primarily engaged in providing services to persons
with disabilities are hereby designated as voter registration agencies:
designated as the state agencies which provide public assistance are the
office of children and family services, the office of temporary and
disability assistance and the department of health. Also designated as
public assistance agencies are all agencies of local government that
provide such assistance. Designated as state agencies that provide
programs primarily engaged in providing services to people with disabil-
ities are the department of labor, office for the aging, [division]
DEPARTMENT of veterans' services, office of mental health, office of
vocational and educational services for individuals with disabilities,
commission on quality of care for the mentally disabled, office for
people with developmental disabilities, commission for the blind, office
of [alcoholism and substance abuse services] ADDICTION SERVICES AND
S. 8006--C 100 A. 9006--C
SUPPORTS, the office of the advocate for the disabled and all offices
which administer programs established or funded by such agencies. Addi-
tional participating agencies designated as voter registration offices
are the department of state and the district offices of the workers'
compensation board. Such agencies shall be required to offer voter
registration forms to persons upon initial application for services,
renewal or recertification for services and upon change of address
relating to such services. Such agencies shall also be responsible for
providing assistance to applicants in completing voter registration
forms, receiving and transmitting the completed application form from
all applicants who wish to have such form transmitted to the appropriate
board of elections. The state board of elections shall, together with
representatives of the United States department of defense, develop and
implement procedures for including recruitment offices of the armed
forces of the United States as voter registration offices when such
offices are so designated by federal law. The state board of elections
shall also make request of the United States Citizenship and Immigration
Services to include applications for registration by mail with any mate-
rials which are given to new citizens.
§ 8. Subdivision 3 of section 11-0707 of the environmental conserva-
tion law, as amended by chapter 322 of the laws of 2021, is amended to
read as follows:
3. Any person who is a patient at any facility in this state main-
tained by the United States Veterans Health Administration or at any
hospital or sanitorium for treatment of tuberculosis maintained by the
state or any municipal corporation thereof or resident patient at any
institution of the department of Mental Hygiene, or resident patient at
the rehabilitation hospital of the department of Health, [or at any rest
camp maintained by the state through the Division of Veterans' Services
in the Executive Department] or any incarcerated individual of a conser-
vation work camp within the youth rehabilitation facility of the depart-
ment of corrections and community supervision, or any incarcerated indi-
vidual of a youth opportunity or youth rehabilitation center within the
Office of Children and Family Services, any resident of a nursing home
or residential health care facility as defined in subdivisions two and
three of section twenty-eight hundred one of the public health law, or
any staff member or volunteer accompanying or assisting one or more
residents of such nursing home or residential health care facility on an
outing authorized by the administrator of such nursing home or residen-
tial health care facility may take fish as if he or she held a fishing
license, except that he or she may not take bait fish by net or trap, if
he or she has on his or her person an authorization upon a form
furnished by the department containing such identifying information and
data as may be required by it, and signed by the superintendent or other
head of such facility, institution, hospital, sanitarium, nursing home,
residential health care facility or rest camp, as the case may be, or by
a staff physician thereat duly authorized so to do by the superintendent
or other head thereof. Such authorization with respect to incarcerated
individuals of said conservation work camps shall be limited to areas
under the care, custody and control of the department.
§ 9. Subdivisions 8, 9 and 10 of section 31 of the executive law,
subdivision 8 as amended by section 2 of part AA of chapter 56 of the
laws of 2019, subdivision 9 as amended by section 106 of subpart B of
part C of chapter 62 of the laws of 2011 and subdivision 10 as amended
by section 8 of part O of chapter 55 of the laws of 2012, are amended to
read as follows:
S. 8006--C 101 A. 9006--C
8. [The division of veterans' services.
9.] The division of homeland security and emergency services.
[10.] 9. Office of information technology services.
§ 10. Subdivision 1 of section 191 of the executive law, as amended by
section 3 of part AA of chapter 56 of the laws of 2019, is amended to
read as follows:
1. There is hereby established within the division of military and
naval affairs a temporary advisory committee on the restoration and
display of New York state's military battle flags (hereinafter referred
to as the "committee"). The committee shall have thirteen members as
follows: the adjutant general, the director of the New York state mili-
tary heritage museum, the commissioners of education and parks, recre-
ation and historic preservation and the [director] COMMISSIONER of the
[division] DEPARTMENT of veterans' services, or their designated repre-
sentatives, two members appointed each by the governor, speaker of the
assembly and majority leader of the senate and one member each appointed
by the minority leaders of the senate and assembly and shall serve at
the pleasure of the appointing authority. Appointed members shall
include individuals with experience in restoration of historical memora-
bilia, expertise in military history, or a background in historical
restoration or fine arts conservation. No appointed member shall be a
member of the executive, legislative or judicial branch of the state
government at the time of his/her appointment. The advisory committee
shall meet at least four times a year. No members shall receive any
compensation, but members who are not state officials may receive actual
and necessary expenses incurred in the performance of their duties.
§ 11. Subdivision 1 of section 643 of the executive law, as amended by
section 14 of part AA of chapter 56 of the laws of 2019, is amended to
read as follows:
1. As used in this section, "crime victim-related agency" means any
agency of state government which provides services to or deals directly
with crime victims, including (a) the office of children and family
services, the office for the aging, the [division] DEPARTMENT of veter-
ans' services, the office of probation and correctional alternatives,
the department of corrections and community supervision, the office of
victim services, the department of motor vehicles, the office of voca-
tional rehabilitation, the workers' compensation board, the department
of health, the division of criminal justice services, the office of
mental health, every transportation authority and the division of state
police, and (b) any other agency so designated by the governor within
ninety days of the effective date of this section.
§ 12. Section 99-v of the general municipal law, as amended by section
25 of part AA of chapter 56 of the laws of 2019, is amended to read as
follows:
§ 99-v. Veterans services; display of events. Each county, city, town
or village may adopt a local law to provide a bulletin board to be
conspicuously displayed in such county, city, town or village building
holding its local legislative body or municipal offices. Such bulletin
board shall be used by veterans organizations, the New York state [divi-
sion] DEPARTMENT of veterans' services, the county veterans service
agency or city veterans service agency to display information regarding
veterans in such county, city, town or village. Such information may
include, but not be limited to, benefits or upcoming veterans related
events in the community.
§ 13. Subdivision 1 of section 168 of the labor law, as amended by
chapter 322 of the laws of 2021, is amended to read as follows:
S. 8006--C 102 A. 9006--C
1. This section shall apply to all persons employed by the state in
the ward, cottage, colony, kitchen and dining room, and guard service
personnel in any hospital, school, prison, reformatory or other institu-
tion within or subject to the jurisdiction, supervision, control or
visitation of the department of corrections and community supervision,
the department of health, the department of mental hygiene, the depart-
ment of social welfare or the [division] DEPARTMENT of veterans'
services [in the executive department], and engaged in the performance
of such duties as nursing, guarding or attending the incarcerated indi-
viduals, patients, wards or other persons kept or housed in such insti-
tutions, or in protecting and guarding the buildings and/or grounds
thereof, or in preparing or serving food therein.
§ 14. Paragraph 5 of subdivision (b) of section 5.06 of the mental
hygiene law, as amended by section 31 of part AA of chapter 56 of the
laws of 2019, is amended to read as follows:
(5) one member appointed on the recommendation of the state [director]
COMMISSIONER of the [division] DEPARTMENT of veterans' services and one
member appointed on the recommendation of the adjutant general of the
division of military and naval affairs, at least one of whom shall be a
current or former consumer of mental health services or substance use
disorder services who is a veteran who has served in a combat theater or
combat zone of operations and is a member of a veterans organization;
§ 14-a. Paragraph 5 of subdivision (b) of section 5.06 of the mental
hygiene law, as amended by chapter 4 of the laws of 2022, is amended to
read as follows:
(5) one member appointed on the recommendation of the state [director]
COMMISSIONER of the [division] DEPARTMENT of veterans' services and one
member appointed on the recommendation of the adjutant general of the
division of military and naval affairs, at least one of whom shall be a
current or former consumer of mental health services or substance use
disorder services who is a veteran who has served in a combat theater or
combat zone of operations and is a member of a veterans organization;
§ 15. Subdivision (l) of section 7.09 of the mental hygiene law, as
added by chapter 378 of the laws of 2019, is amended to read as follows:
(l) Notwithstanding any general or special law to the contrary, the
commissioner, in conjunction with the commissioner of [alcoholism and
substance abuse services] ADDICTION SERVICES AND SUPPORTS and the direc-
tor of the [division] DEPARTMENT of veterans' services shall develop a
public education initiative designed to eliminate stigma and misinforma-
tion about mental illness and substance use among service members,
veterans, and their families, improve their understanding of mental and
substance use disorders and the existence of effective treatment, and
provide information regarding available resources and how to access
them. These public education initiatives may include the use of the
internet, including the use of social networking sites.
§ 16. Paragraph (g) of section 202 of the not-for-profit corporation
law, as amended by section 33 of part AA of chapter 56 of the laws of
2019, is amended to read as follows:
(g) Every corporation receiving any kind of state funding shall ensure
the provision on any form required to be completed at application or
recertification for the purpose of obtaining financial assistance pursu-
ant to this chapter, that the application form shall contain a check-off
question asking whether the applicant or recipient or a member of his or
her family served in the United States military, and an option to answer
in the affirmative. Where the applicant or recipient answers in the
affirmative to such question, the not-for-profit corporation shall
S. 8006--C 103 A. 9006--C
ensure that contact information for the state [division] DEPARTMENT of
veterans' services is provided to such applicant or recipient in addi-
tion to any other materials provided.
§ 17. Paragraph (b) of section 1401 of the not-for-profit corporation
law, as amended by section 34 of part AA of chapter 56 of the laws of
2019, is amended to read as follows:
(b) Removal of remains from private cemeteries to other cemeteries.
The supervisor of any town containing a private cemetery may remove any
body interred in such cemetery to any other cemetery within the town, if
the owners of such cemeteries and the next of kin of the deceased
consent to such removal. The owners of a private cemetery may remove the
bodies interred therein to any other cemetery within such town, or to
any cemetery designated by the next of kin of the deceased. Notice of
such removal shall be given within twenty days before such removal
personally or by certified mail to the next of kin of the deceased if
known and to the clerk and historian of the county in which such real
property is situated and notice shall be given to the New York state
department of state, division of cemeteries. If any of the deceased are
known to be veterans, the owners shall also notify the [division]
DEPARTMENT of veterans' services. In the absence of the next of kin, the
county clerk, county historian or the [division] DEPARTMENT of veterans'
services may act as a guardian to ensure proper reburial.
§ 18. Subdivision 2 of section 3802 of the public health law, as
amended by section 23 of part AA of chapter 56 of the laws of 2019, is
amended to read as follows:
2. In the exercise of the foregoing powers and duties the commissioner
shall consult with the [director] COMMISSIONER of the [division] DEPART-
MENT of veterans' services and the heads of state agencies charged with
responsibility for manpower and health resources.
§ 19. Subdivision 3 of section 3803 of the public health law, as
amended by section 24 of part AA of chapter 56 of the laws of 2019, is
amended to read as follows:
3. In exercising any of his or her powers under this section, the
commissioner shall consult with appropriate health care professionals,
providers, veterans or organizations representing them, the [division]
DEPARTMENT of veterans' services, the United States department of veter-
ans affairs and the United States defense department.
§ 20. Paragraph (j) of subdivision 3 of section 20 of the social
services law, as amended by section 32 of part AA of chapter 56 of the
laws of 2019, is amended to read as follows:
(j) to ensure the provision, on any form required to be completed at
application or recertification for the purpose of obtaining financial
assistance pursuant to this chapter, the form shall contain a check-off
question asking whether the applicant or recipient or a member of his or
her family served in the United States military, and an option to answer
in the affirmative. Where the applicant or recipient answers in the
affirmative to such question, the office of temporary and disability
assistance shall ensure that contact information for the state [divi-
sion] DEPARTMENT of veterans' services is provided to such applicant or
recipient addition to any other materials provided.
§ 21. Subdivisions 3 and 4 of section 95-f of the state finance law,
as amended by section 15 of part AA of chapter 56 of the laws of 2019,
are amended to read as follows:
3. Monies of the fund shall be expended for the provision of veterans'
counseling services provided by local veterans' service agencies pursu-
ant to section [three hundred fifty-seven] FOURTEEN of the [executive]
S. 8006--C 104 A. 9006--C
VETERANS' SERVICES law under the direction of the [division] DEPARTMENT
of veterans' services.
4. To the extent practicable, the [director] COMMISSIONER of the
[division] DEPARTMENT of veterans' services shall ensure that all monies
received during a fiscal year are expended prior to the end of that
fiscal year.
§ 22. The opening paragraph of subdivision 2-a and subdivision 5 of
section 97-mmmm of the state finance law, as amended by section 16 of
part AA of chapter 56 of the laws of 2019, are amended to read as
follows:
On or before the first day of February each year, the [director]
COMMISSIONER of the New York state [division] DEPARTMENT of veterans'
services shall provide a written report to the temporary president of
the senate, speaker of the assembly, chair of the senate finance commit-
tee, chair of the assembly ways and means committee, chair of the senate
committee on veterans, homeland security and military affairs, chair of
the assembly veterans' affairs committee, the state comptroller and the
public. Such report shall include how the monies of the fund were
utilized during the preceding calendar year, and shall include:
5. Moneys shall be payable from the fund on the audit and warrant of
the comptroller on vouchers approved and certified by the [director]
COMMISSIONER of the [division] DEPARTMENT of veterans' services.
§ 23. The opening paragraph of subdivision 2-a and subdivision 4 of
section 99-v of the state finance law, as amended by section 17 of part
AA of chapter 56 of the laws of 2019, are amended to read as follows:
On or before the first day of February each year, the [director]
COMMISSIONER of the New York state [division] DEPARTMENT of veterans'
services shall provide a written report to the temporary president of
the senate, speaker of the assembly, chair of the senate finance commit-
tee, chair of the assembly ways and means committee, chair of the senate
committee on veterans, homeland security and military affairs, chair of
the assembly veterans' affairs committee, the state comptroller and the
public. Such report shall include how the monies of the fund were
utilized during the preceding calendar year, and shall include:
4. Moneys of the fund shall be expended only for the assistance and
care of homeless veterans, for housing and housing-related expenses, as
determined by the [division] DEPARTMENT of veterans' services.
§ 24. Subdivision 1 of section 20 of chapter 784 of the laws of 1951,
constituting the New York state defense emergency act, as amended by
section 38 of part AA of chapter 56 of the laws of 2019, is amended to
read as follows:
1. There is hereby continued in the division of military and naval
affairs in the executive department a state civil defense commission to
consist of the same members as the members of the disaster preparedness
commission as established in article two-B of the executive law. In
addition, the superintendent of financial services, the chairperson of
the workers' compensation board and the [director] COMMISSIONER of the
[division] DEPARTMENT of veterans' services shall be members. The gover-
nor shall designate one of the members of the commission to be the
chairperson thereof. The commission may provide for its division into
subcommittees and for action by such subcommittees with the same force
and effect as action by the full commission. The members of the commis-
sion, except for those who serve ex officio, shall be allowed their
actual and necessary expenses incurred in the performance of their
duties under this article but shall receive no additional compensation
for services rendered pursuant to this article.
S. 8006--C 105 A. 9006--C
§ 25. Paragraph 2 of subdivision b of section 31-102 of the adminis-
trative code of the city of New York, as amended by section 39 of part
AA of chapter 56 of the laws of 2019, is amended to read as follows:
2. links to websites describing veteran employment services provided
by the federal government and New York state government, including, but
not limited to, the websites of the United States department of labor,
the New York state department of labor, the United States department of
veterans affairs, and the New York state [division] DEPARTMENT of veter-
ans' services; and
§ 26. Subdivision a of section 3102 of the New York city charter, as
amended by section 40 of part AA of chapter 56 of the laws of 2019, is
amended to read as follows:
a. Except as otherwise provided by law, the commissioner shall have
such powers as provided by the [director] COMMISSIONER of the state
DEPARTMENT veterans' [service agency] SERVICES' and shall have the duty
to inform military and naval authorities of the United States and assist
members of the armed forces and veterans, who are residents of the city,
and their families, in relation to: (1) matters pertaining to educa-
tional training and retraining services and facilities, (2) health,
medical and rehabilitation service and facilities, (3) provisions of
federal, state and local laws and regulations affording special rights
and privileges to members of the armed forces and veterans and their
families, (4) employment and re-employment services, and (5) other
matters of similar, related or appropriate nature. The commissioner
shall also assist families of members of the reserve components of the
armed forces and the organized militia ordered into active duty to
ensure that they are made aware of and are receiving all appropriate
support available to them. The department also shall perform such other
duties as may be assigned by the state [director] COMMISSIONER of the
[division] DEPARTMENT of veterans' services.
§ 27. Subdivision 1 of section 143 of the state finance law, as
amended by chapter 96 of the laws of 2019, is amended to read as
follows:
1. Notwithstanding any inconsistent provision of any general or
special law, the board, division, department, bureau, agency, officer or
commission of the state charged with the duty of preparing plans and
specifications for and awarding or entering into contracts for the
performance of public work may require the payment of a fixed sum of
money, not exceeding one hundred dollars, for each copy of such plans
and specifications, by persons or corporations desiring a copy thereof.
Any person or corporation desiring a copy of such plans and specifica-
tions and making the deposit required by this section shall be furnished
with one copy of the plans and specifications. Notwithstanding the fore-
going, where payment is required it shall be waived upon request by
minority- and women-owned business enterprises certified pursuant to
article fifteen-A of the executive law or by service-disabled veteran-
owned business enterprises certified pursuant to article [seventeen-B]
THREE of the [executive] VETERANS' SERVICES law. Such payment may also
be waived when such plans and specifications are made available and
obtained electronically or in any non-paper form from the board, divi-
sion, department, bureau, agency, officer or commission of the state.
§ 28. Paragraph j of subdivision 1 and subdivisions 6 and 6-d of
section 163 of the state finance law, paragraph j of subdivision 1 as
amended by chapter 569 of the laws of 2015, subdivision 6 as amended by
chapter 257 of the laws of 2021 and subdivision 6-d as added by chapter
96 of the laws of 2019, are amended to read as follows:
S. 8006--C 106 A. 9006--C
j. "Best value" means the basis for awarding contracts for services to
the offerer which optimizes quality, cost and efficiency, among respon-
sive and responsible offerers. Such basis shall reflect, wherever possi-
ble, objective and quantifiable analysis. Such basis may also identify a
quantitative factor for offerers that are small businesses, certified
minority- or women-owned business enterprises as defined in subdivisions
one, seven, fifteen and twenty of section three hundred ten of the exec-
utive law or service-disabled veteran-owned business enterprises as
defined in subdivision one of section [three hundred sixty-nine-h] FORTY
of the [executive] VETERANS' SERVICES law to be used in evaluation of
offers for awarding of contracts for services.
6. Discretionary buying thresholds. Pursuant to guidelines established
by the state procurement council: the commissioner may purchase services
and commodities for the office of general services or its customer agen-
cies serviced by the office of general services business services center
in an amount not exceeding eighty-five thousand dollars without a formal
competitive process; state agencies may purchase services and commod-
ities in an amount not exceeding fifty thousand dollars without a formal
competitive process; and state agencies may purchase commodities or
services from small business concerns or those certified pursuant to
[articles] ARTICLE fifteen-A [and seventeen-B] of the executive law AND
ARTICLE THREE OF THE VETERANS' SERVICES LAW, or commodities or technolo-
gy that are recycled or remanufactured in an amount not exceeding five
hundred thousand dollars without a formal competitive process and for
commodities that are food, including milk and milk products, grown,
produced or harvested in New York state in an amount not to exceed two
hundred thousand dollars, without a formal competitive process.
6-d. Pursuant to the authority provided in subdivision six of this
section, state agencies shall report annually on a fiscal year basis by
July first of the ensuing year to the director of the division of minor-
ity and women-owned business development the total number and total
value of contracts awarded to businesses certified pursuant to article
fifteen-A of the executive law, and with respect to contracts awarded to
businesses certified pursuant to article [seventeen-B] THREE of the
[executive] VETERANS' SERVICES law such information shall be reported to
the division of service-disabled veteran-owned business enterprises for
inclusion in their respective annual reports.
§ 29. Paragraph (f) of subdivision 5 of section 87 of the cannabis law
is amended to read as follows:
(f) "Service-disabled veterans" shall mean persons qualified under
article [seventeen-B] THREE of the [executive] VETERANS' SERVICES law.
§ 30. Subdivision 6 of section 224-d of the labor law, as added by
section 2 of part AA of chapter 56 of the laws of 2021, is amended to
read as follows:
6. Each owner and developer subject to the requirements of this
section shall comply with the objectives and goals of certified minority
and women-owned business enterprises pursuant to article fifteen-A of
the executive law and certified service-disabled veteran-owned busi-
nesses pursuant to article [seventeen-B] THREE of the [executive] VETER-
ANS' SERVICES law. The department in consultation with the [directors]
COMMISSIONER of the division of minority and women's business develop-
ment and THE DIRECTOR of the division of service-disabled veterans'
business development shall make training and resources available to
assist minority and women-owned business enterprises and service-disa-
bled veteran-owned business enterprises on covered renewable energy
systems to achieve and maintain compliance with prevailing wage require-
S. 8006--C 107 A. 9006--C
ments. The department shall make such training and resources available
online and shall afford minority and women-owned business enterprises
and service-disabled veteran-owned business enterprises an opportunity
to submit comments on such training.
§ 31. Subdivision 3 of section 103-a of the state technology law, as
added by chapter 427 of the laws of 2017, is amended to read as follows:
3. The director shall conduct an outreach campaign informing the
public of the iCenter and shall conduct specific outreach to minority
and women-owned business enterprises certified pursuant to article
fifteen-A of the executive law, small businesses as such term is defined
in section one hundred thirty-one of the economic development law, and
service disabled veteran owned business enterprises certified pursuant
to article [seventeen-B] THREE of the [executive] VETERANS' SERVICES law
to inform such businesses of iCenter initiatives.
§ 32. Section 831 of the county law, as amended by chapter 490 of the
laws of 2019, is amended to read as follows:
§ 831. Soldier burial plots in Dutchess county. The legislature of the
county of Dutchess may authorize the purchase of burial plots and
provide for marker settings and perpetual care and maintenance of such
plots in one or more of the cemeteries of the county of Dutchess for
deceased veterans, who, at the time of death, were residents of the
county of Dutchess and who (i) were discharged from the armed forces of
the United States either honorably or under honorable circumstances, or
(ii) had a qualifying condition, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and received a
discharge other than bad conduct or dishonorable, or (iii) were a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and received a discharge
other than bad conduct or dishonorable. The expense thereof shall be a
county charge.
§ 33. Subdivision 6 of section 210 of the economic development law, as
amended by chapter 490 of the laws of 2019, is amended to read as
follows:
6. "Veteran" shall mean a person who served in 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
New York naval militia and who (a) has received an honorable or general
discharge from such service, or (b) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or (c) is a discharged LGBT veteran,
as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service.
§ 34. Paragraph 1 of subdivision (a) of section 42 of the correction
law, as amended by chapter 322 of the laws of 2021, is amended to read
as follows:
1. There shall be within the commission a citizen's policy and
complaint review council. It shall consist of nine persons to be
appointed by the governor, by and with the advice and consent of the
senate. One person so appointed shall have served in the armed forces of
the United States in any foreign war, conflict or military occupation,
who (i) was discharged therefrom under other than dishonorable condi-
tions, or (ii) has a qualifying condition, as defined in section [three
hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and has
received a discharge other than bad conduct or dishonorable from such
S. 8006--C 108 A. 9006--C
service, or (iii) is a discharged LGBT veteran, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, or shall be a duly licensed mental health professional who
has professional experience or training with regard to post-traumatic
stress syndrome. One person so appointed shall be an attorney admitted
to practice in this state. One person so appointed shall be a former
incarcerated individual of a correctional facility. One person so
appointed shall be a former correction officer. One person so appointed
shall be a former resident of a division for youth secure center or a
health care professional duly licensed to practice in this state. One
person so appointed shall be a former employee of the office of children
and family services who has directly supervised youth in a secure resi-
dential center operated by such office. In addition, the governor shall
designate one of the full-time members other than the [chairman] CHAIR
of the commission as [chairman] CHAIR of the council to serve as such at
the pleasure of the governor.
§ 35. Paragraph (b) of subdivision 5 of section 50 of the civil
service law, as amended by chapter 490 of the laws of 2019, is amended
to read as follows:
(b) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, the state civil service department, subject to the approval of the
director of the budget, a municipal commission, subject to the approval
of the governing board or body of the city or county, as the case may
be, or a regional commission or personnel officer, pursuant to govern-
mental agreement, may elect to waive application fees, or to abolish
fees for specific classes of positions or types of examinations or
candidates, or to establish a uniform schedule of reasonable fees
different from those prescribed in paragraph (a) of this subdivision,
specifying in such schedule the classes of positions or types of exam-
inations or candidates to which such fees shall apply; provided, howev-
er, that fees shall be waived for candidates who certify to the state
civil service department, a municipal commission or a regional commis-
sion that they are unemployed and primarily responsible for the support
of a household, or are receiving public assistance. Provided further,
the state civil service department shall waive the state application fee
for examinations for original appointment for all veterans. Notwith-
standing any other provision of law, for purposes of this section, the
term "veteran" shall mean a person who has served in the armed forces of
the United States or the reserves thereof, or in the army national
guard, air national guard, New York guard, or the New York naval mili-
tia, and who (1) has been honorably discharged or released from such
service under honorable conditions, or (2) has a qualifying condition,
as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, or (3) is a discharged LGBT
veteran, as defined in section [three hundred fifty] ONE of the [execu-
tive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service. The term "armed forces"
shall mean the army, navy, air force, marine corps, and coast guard.
§ 36. Paragraph (b) of subdivision 1 of section 75 of the civil
service law, as amended by chapter 490 of the laws of 2019, is amended
to read as follows:
(b) a person holding a position by permanent appointment or employment
in the classified service of the state or in the several cities, coun-
ties, towns, or villages thereof, or in any other political or civil
S. 8006--C 109 A. 9006--C
division of the state or of a municipality, or in the public school
service, or in any public or special district, or in the service of any
authority, commission or board, or in any other branch of public
service, who was honorably discharged or released under honorable
circumstances from the armed forces of the United States including (i)
having a qualifying condition as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and receiving a
discharge other than bad conduct or dishonorable from such service, or
(ii) being a discharged LGBT veteran, as defined in section [three
hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
receiving a discharge other than bad conduct or dishonorable from such
service, having served therein as such member in time of war as defined
in section eighty-five of this chapter, or who is an exempt volunteer
firefighter as defined in the general municipal law, except when a
person described in this paragraph holds the position of private secre-
tary, cashier or deputy of any official or department, or
§ 37. Paragraph (a) of subdivision 1 of section 85 of the civil
service law, as amended by chapter 608 of the laws of 2021, is amended
to read as follows:
(a) The terms "veteran" and "non-disabled veteran" mean a member of
the armed forces of the United States who was honorably discharged or
released under honorable circumstances from such service including (i)
having a qualifying condition as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and receiving a
discharge other than bad conduct or dishonorable from such service, or
(ii) being a discharged LGBT veteran, as defined in section [three
hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
receiving a discharge other than bad conduct or dishonorable from such
service, who is a citizen of the United States or an alien lawfully
admitted for permanent residence in the United States and who is a resi-
dent of the state of New York at the time of application for appointment
or promotion or at the time of retention, as the case may be.
§ 38. Section 86 of the civil service law, as amended by chapter 490
of the laws of 2019, is amended to read as follows:
§ 86. Transfer of veterans or exempt volunteer firefighters upon abol-
ition of positions. If the position in the non-competitive or in the
labor class held by any honorably discharged veteran of the armed forces
of the United States or by any veteran of the armed forces of the United
States released under honorable circumstances from such service includ-
ing (i) having a qualifying condition as defined in section [three
hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
receiving a discharge other than bad conduct or dishonorable from such
service, or (ii) being a discharged LGBT veteran, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
receiving a discharge other than bad conduct or dishonorable from such
service, who served therein in time of war as defined in section eight-
y-five of this chapter, or by an exempt volunteer firefighter as defined
in the general municipal law, shall become unnecessary or be abolished
for reasons of economy or otherwise, the honorably discharged veteran or
exempt volunteer firefighter holding such position shall not be
discharged from the public service but shall be transferred to a similar
position wherein a vacancy exists, and shall receive the same compen-
sation therein. It is hereby made the duty of all persons clothed with
the power of appointment to make such transfer effective. The right to
transfer herein conferred shall continue for a period of one year
following the date of abolition of the position, and may be exercised
S. 8006--C 110 A. 9006--C
only where a vacancy exists in an appropriate position to which transfer
may be made at the time of demand for transfer. Where the positions of
more than one such veteran or exempt volunteer firefighter are abolished
and a lesser number of vacancies in similar positions exist to which
transfer may be made, the veterans or exempt volunteer firefighters
whose positions are abolished shall be entitled to transfer to such
vacancies in the order of their original appointment in the service.
Nothing in this section shall be construed to apply to the position of
private secretary, cashier or deputy of any official or department. This
section shall have no application to persons encompassed by section
eighty-a of this chapter.
§ 39. Section 13-b of the domestic relations law, as amended by chap-
ter 306 of the laws of 2021, is amended to read as follows:
§ 13-b. Time within which marriage may be solemnized. A marriage shall
not be solemnized within twenty-four hours after the issuance of the
marriage license, unless authorized by an order of a court of record as
hereinafter provided, nor shall it be solemnized after sixty days from
the date of the issuance of the marriage license unless authorized
pursuant to section [three hundred fifty-four-d] TEN of the [executive]
VETERANS' SERVICES law. Every license to marry hereafter issued by a
town or city clerk, in addition to other requirements specified by this
chapter, must contain a statement of the day and the hour the license is
issued and the period during which the marriage may be solemnized. It
shall be the duty of the clergyman or magistrate performing the marriage
ceremony, or if the marriage is solemnized by written contract, of the
judge before whom the contract is acknowledged, to annex to or endorse
upon the marriage license the date and hour the marriage is solemnized.
A judge or justice of the supreme court of this state or the county
judge of the county in which either party to be married resides, or the
judge of the family court of such county, if it shall appear from an
examination of the license and any other proofs submitted by the parties
that one of the parties is in danger of imminent death, or by reason of
other emergency public interest will be promoted thereby, or that such
delay will work irreparable injury or great hardship upon the contract-
ing parties, or one of them, may, make an order authorizing the immedi-
ate solemnization of the marriage and upon filing such order with the
clergyman or magistrate performing the marriage ceremony, or if the
marriage is to be solemnized by written contract, with the judge before
whom the contract is acknowledged, such clergyman or magistrate may
solemnize such marriage, or such judge may take such acknowledgment as
the case may be, without waiting for such three day period and twenty-
four hour period to elapse. The clergyman, magistrate or judge must file
such order with the town or city clerk who issued the license within
five days after the marriage is solemnized. Such town or city clerk must
record and index the order in the book required to be kept by him or her
for recording affidavits, statements, consents and licenses, and when so
recorded the order shall become a public record and available in any
prosecution under this section. A person who shall solemnize a marriage
in violation of this section shall be guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine of fifty dollars for each
offense, and in addition thereto, his or her right to solemnize a
marriage shall be suspended for ninety days.
§ 40. Paragraph c of subdivision 1 of section 360 of the education
law, as amended by chapter 490 of the laws of 2019, is amended to read
as follows:
S. 8006--C 111 A. 9006--C
c. Adopt and enforce campus rules and regulations not inconsistent
with the vehicle and traffic law relating to parking, vehicular and
pedestrian traffic, and safety. Such rules and regulations may include
provisions for the disposition of abandoned vehicles, removal by towing
or otherwise of vehicles parked in violation of such rules at the
expense of the owner, the payment of fees for the registration or park-
ing of such vehicles, provided that such campus rules and regulations
may provide that any veteran attending the state university as a student
shall be exempt from any fees for parking or registering a motor vehi-
cle, and the assessment of administrative fines upon the owner or opera-
tor of such vehicles for each violation of the regulations. However, no
such fine may be imposed without a hearing or an opportunity to be heard
conducted by an officer or board designated by the board of trustees.
Such fines, in the case of an officer or employee of state university,
may be deducted from the salary or wages of such officer or employee
found in violation of such regulations, or in the case of a student of
state university found in violation of such regulations, the university
may withhold his OR HER grades and transcripts until such time as any
fine is paid. For purposes of this subdivision, the term "veteran" shall
mean a member of the armed forces of the United States who served in
such armed forces in time of war and who (i) was honorably discharged or
released under honorable circumstances from such service, or (ii) has a
qualifying condition, as defined in section [three hundred fifty] ONE of
the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (iii) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service.
§ 41. The opening paragraph of subdivision 6, subdivision 7, paragraph
c of subdivision 9, and paragraphs a of subdivisions 10 and 10-a of
section 503 of the education law, as amended by chapter 490 of the laws
of 2019, are amended to read as follows:
Credit for service in war after world war I, which shall mean military
service during the period commencing the first day of July, nineteen
hundred forty, and terminating the thirtieth day of June, nineteen
hundred forty-seven, or during the period commencing the twenty-seventh
day of June, nineteen hundred fifty, and terminating the thirty-first
day of January, nineteen hundred fifty-five, or during both such peri-
ods, as a member of the armed forces of the United States, of any person
who (i) has been honorably discharged or released under honorable
circumstances from such service, or (ii) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or (iii) is a discharged LGBT veter-
an, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, or service by one who was
employed by the War Shipping Administration or Office of Defense Trans-
portation or their agents as a merchant seaman documented by the United
States Coast Guard or Department of Commerce, or as a civil servant
employed by the United States Army Transport Service (later redesignated
as the United States Army Transportation Corps, Water Division) or the
Naval Transportation Service; and who served satisfactorily as a crew
member during the period of armed conflict, December seventh, nineteen
hundred forty-one, to August fifteenth, nineteen hundred forty-five,
aboard merchant vessels in oceangoing, i.e., foreign, intercoastal, or
S. 8006--C 112 A. 9006--C
coastwise service as such terms are defined under federal law (46 USCA
10301 & 10501) and further to include "near foreign" voyages between the
United States and Canada, Mexico, or the West Indies via ocean routes,
or public vessels in oceangoing service or foreign waters and who has
received a Certificate of Release or Discharge from Active Duty and a
discharge certificate, or an Honorable Service Certificate/Report of
Casualty, from the Department of Defense or who served as a United
States civilian employed by the American Field Service and served over-
seas under United States Armies and United States Army Groups in world
war II during the period of armed conflict, December seventh, nineteen
hundred forty-one through May eighth, nineteen hundred forty-five, and
(iv) who was discharged or released therefrom under honorable condi-
tions, or (v) has a qualifying condition, as defined in section [three
hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and has
received a discharge other than bad conduct or dishonorable from such
service, or (vi) is a discharged LGBT veteran, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, or who served as a United States civilian Flight Crew and
Aviation Ground Support Employee of Pan American World Airways or one of
its subsidiaries or its affiliates and served overseas as a result of
Pan American's contract with Air Transport Command or Naval Air Trans-
port Service during the period of armed conflict, December fourteenth,
nineteen hundred forty-one through August fourteenth, nineteen hundred
forty-five, and who (vii) was discharged or released therefrom under
honorable conditions, or (viii) has a qualifying condition, as defined
in section [three hundred fifty] ONE of the [executive] VETERANS'
SERVICES law, and has received a discharge other than bad conduct or
dishonorable from such service, or (ix) is a discharged LGBT veteran, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, and who was a teacher in the public
schools of this state at the time of his OR HER entrance into the armed
forces of the United States, provided no compensation was received under
the provisions of section two hundred forty-two of the military law, and
who returned to public school teaching following discharge or completion
of advanced education provided under servicemen's readjustment act of
nineteen hundred forty-four, or who following such discharge or release
entered into a service which would qualify him OR HER pursuant to
section forty-three of the retirement and social security law to trans-
fer his OR HER membership in the New York state teachers' retirement
system, shall be provided as follows, any provisions of section two
hundred forty-three of the military law to the contrary notwithstanding.
7. A teacher, who was a member of the New York state teachers retire-
ment system but who withdrew his OR HER accumulated contributions imme-
diately prior to his OR HER entry into, or during his OR HER service in
the armed forces of the United States in war after World War I, who (i)
has been honorably discharged or released from service, or (ii) has a
qualifying condition, as defined in section [three hundred fifty] ONE of
the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (iii) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, provided no
compensation was received under the provisions of section two hundred
forty-two of the military law, and who returned to public school teach-
S. 8006--C 113 A. 9006--C
ing in the state of New York following such discharge or release, or
following completion of advanced education provided under servicemen's
readjustment act of nineteen hundred forty-four, any provisions of
section two hundred forty-three of the military law to the contrary
notwithstanding, will be entitled to credit for service in war after
World War I, cost free, provided, however, that such credit will not be
allowed until he OR SHE claims and pays for all prior teaching service
credited to him OR HER at the time of his OR HER termination of member-
ship in the New York state teachers retirement system, and provided
further that claim for such service in war after World War I shall be
filed by the member with the retirement board before the first day of
July, nineteen hundred sixty-eight.
c. (i) has been honorably discharged or released under honorable
circumstances from such service, or (ii) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or (iii) is a discharged LGBT veter-
an, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, and
a. In addition to credit for military service pursuant to section two
hundred forty-three of the military law and subdivisions six through
nine of this section, a member employed as a full-time teacher by an
employer as defined in subdivision three of section five hundred one of
this article and who joined the retirement system prior to July first,
nineteen hundred seventy-three, may obtain credit for military service
not in excess of three years and not otherwise creditable under section
two hundred forty-three of the military law and subdivisions six through
nine of this section, rendered on active duty in the armed forces of the
United States during the period commencing July first, nineteen hundred
forty, and terminating December thirty-first, nineteen hundred forty-
six, or on service by one who was employed by the War Shipping Adminis-
tration or Office of Defense Transportation or their agents as a
merchant seaman documented by the United States Coast Guard or Depart-
ment of Commerce, or as a civil servant employed by the United States
Army Transport Service (later redesignated as the United States Army
Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense or on service by one who served as a United States civilian
employed by the American Field Service and served overseas under United
States Armies and United States Army Groups in world war II during the
period of armed conflict, December seventh, nineteen hundred forty-one
through May eighth, nineteen hundred forty-five, and who (i) was
discharged or released therefrom under honorable conditions, or (ii) has
a qualifying condition, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (iii) is a
S. 8006--C 114 A. 9006--C
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or on service
by one who served as a United States civilian Flight Crew and Aviation
Ground Support Employee of Pan American World Airways or one of its
subsidiaries or its affiliates and served overseas as a result of Pan
American's contract with Air Transport Command or Naval Air Transport
Service during the period of armed conflict, December fourteenth, nine-
teen hundred forty-one through August fourteenth, nineteen hundred
forty-five, and who (iv) was discharged or released therefrom under
honorable conditions, or (v) has a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service, or (vi) is a discharged LGBT veteran, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service, by a person who was a resident of New York state at
the time of entry into such service and at the time of being discharged
therefrom under honorable circumstances, and who makes the payments
required in accordance with the provisions of this subdivision.
a. In addition to credit for military service pursuant to section two
hundred forty-three of the military law and subdivisions six through
nine of this section, a member who joined the retirement system prior to
July first, nineteen hundred seventy-three, and who was not eligible for
credit for military service under subdivision ten of this section as a
result of being on a leave of absence without pay between July twenti-
eth, nineteen hundred seventy-six and October fifteenth, nineteen
hundred seventy-seven or on leave of absence with less than full pay
between July twentieth, nineteen hundred seventy-six and October
fifteenth, nineteen hundred seventy-seven, may obtain credit for mili-
tary service not in excess of three years and not otherwise creditable
under section two hundred forty-three of the military law and subdivi-
sions six through nine of this section, rendered on active duty in the
armed forces of the United States during the period commencing July
first, nineteen hundred forty, and terminating December thirty-first,
nineteen hundred forty-six, or on service by one who was employed by the
War Shipping Administration or Office of Defense Transportation or their
agents as a merchant seaman documented by the United States Coast Guard
or Department of Commerce, or as a civil servant employed by the United
States Army Transport Service (later redesignated as the United States
Army Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense, or on service by one who served as a United States civilian
employed by the American Field Service and served overseas under United
States Armies and United States Army Groups in world war II during the
period of armed conflict, December seventh, nineteen hundred forty-one
through May eighth, nineteen hundred forty-five, and who (i) was
S. 8006--C 115 A. 9006--C
discharged or released therefrom under honorable conditions, or (ii) has
a qualifying condition, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (iii) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or on service
by one who served as a United States civilian Flight Crew and Aviation
Ground Support Employee of Pan American World Airways or one of its
subsidiaries or its affiliates and served overseas as a result of Pan
American's contract with Air Transport Command or Naval Air Transport
Service during the period of armed conflict, December fourteenth, nine-
teen hundred forty-one through August fourteenth, nineteen hundred
forty-five, and who (iv) was discharged or released therefrom under
honorable conditions, or (v) has a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service, or (vi) is a discharged LGBT veteran, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service, by a person who was a resident of New York state at
the time of entry into such service and at the time of being discharged
therefrom under honorable circumstances, and who makes the payments
required in accordance with the provisions of this subdivision.
§ 42. Subdivision 5 of section 605 of the education law, as amended by
chapter 490 of the laws of 2019, is amended to read as follows:
5. Regents scholarships for war veterans. Regents scholarships for war
veterans shall be awarded on a competitive basis, for study beginning
with the college year nineteen hundred seventy-five--nineteen hundred
seventy-six. Six hundred such scholarships shall be awarded in such year
to veterans of the armed forces of the United States who have served on
active duty (other than for training) between October one, nineteen
hundred sixty-one and March twenty-nine, nineteen hundred seventy-three,
and who on the date by which applications are required to be submitted
(a) have been released from such active duty on conditions not other
than honorable, or (b) have a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and have received a discharge other than bad conduct or dishonor-
able from such service, or (c) are discharged LGBT veterans, as defined
in section [three hundred fifty] ONE of the [executive] VETERANS'
SERVICES law, and have received a discharge other than bad conduct or
dishonorable from such service. Such scholarships shall be allocated to
each county in the state in the same ratio that the number of legal
residents in such county, as determined by the most recent federal
census, bears to the total number of residents in the state; provided,
however, that no county shall be allocated fewer scholarships than such
county received during the year nineteen hundred sixty-eight--sixty-
nine.
§ 43. Subparagraph 3 of paragraph b of subdivision 3 of section 663 of
the education law, as amended by chapter 490 of the laws of 2019, is
amended to read as follows:
(3) The applicant was enlisted in full time active military service in
the armed forces of the United States and (i) has been honorably
discharged from such service, or (ii) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
S. 8006--C 116 A. 9006--C
or dishonorable from such service, or (iii) is a discharged LGBT veter-
an, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, and, provided, however, that
the applicant has not and will not be claimed as a dependent by either
parent for purposes of either federal or state income tax.
§ 44. Paragraphs (b) of subdivisions 1 and 2 of section 668 of the
education law, as amended by chapter 490 of the laws of 2019, are
amended to read as follows:
(b) December seven, nineteen hundred forty-one to December thirty-one,
nineteen hundred forty-six, or have been employed by the War Shipping
Administration or Office of Defense Transportation or their agents as a
merchant seaman documented by the United States Coast Guard or Depart-
ment of Commerce, or as a civil servant employed by the United States
Army Transport Service (later redesignated as the United States Army
Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense or have served as a United States civilian employed by the Amer-
ican Field Service and served overseas under United States Armies and
United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who (i) was discharged or
released therefrom under honorable conditions, or (ii) has a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, or (iii) is a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service, or have served as a
United States civilian Flight Crew and Aviation Ground Support Employee
of Pan American World Airways or one of its subsidiaries or its affil-
iates and served overseas as a result of Pan American's contract with
Air Transport Command or Naval Air Transport Service during the period
of armed conflict, December fourteenth, nineteen hundred forty-one
through August fourteenth, nineteen hundred forty-five, and who (iv) was
discharged or released therefrom under honorable conditions, or (v) has
a qualifying condition, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (vi) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service.
(b) (i) is an honorably discharged veteran of the United States or
member of the armed forces of the United States, or (ii) has a qualify-
ing condition, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service, or (iii) is a
S. 8006--C 117 A. 9006--C
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, who is a resi-
dent of the state of New York, and who has a current disability of forty
percent or more as a result of an injury or illness which is incurred or
was incurred during such military service; or
§ 45. Subdivision 1 of section 668-c of the education law, as amended
by chapter 606 of the laws of 2021, is amended to read as follows:
1. Eligible students. Awards shall be made to Vietnam veterans' resi-
dent children born with Spina Bifida enrolled in approved undergraduate
or graduate programs at degree granting institutions. For the purpose of
this section, "Vietnam veteran" shall mean a person who served in Indo-
china at any time from the first day of November, nineteen hundred
fifty-five, to and including the seventh day of May, nineteen hundred
seventy-five and (a) was honorably discharged from the armed forces of
the United States, or (b) has a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from the armed forces of the United States, or (c) is a discharged LGBT
veteran, as defined in section [three hundred fifty] ONE of the [execu-
tive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from the armed forces of the United States;
"born with Spina Bifida" shall mean a diagnosis at birth of such disease
inclusive of all forms, manifestations, complications and associated
medical conditions thereof, but shall not include Spina Bifida Occulta.
Such diagnosis shall be in accordance with the provisions of the federal
Spina Bifida program and shall be documented by the United States Admin-
istration of Veterans' Affairs.
§ 46. Paragraphs a, b, c and d of subdivision 1 of section 669-a of
the education law, paragraph a as amended by chapter 606 of the laws of
2021 and paragraphs b, c and d as amended by chapter 490 of the laws of
2019, are amended to read as follows:
a. "Vietnam veteran" means (i) a person who is a resident of this
state, (ii) who served in the armed forces of the United States in Indo-
china at any time from the first day of November, nineteen hundred
fifty-five, to and including the seventh day of May, nineteen hundred
seventy-five, and (iii) who was either discharged therefrom under honor-
able conditions, including but not limited to honorable discharge,
discharge under honorable conditions, or general discharge, or has a
qualifying condition, as defined in section [three hundred fifty] ONE of
the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service.
b. "Persian Gulf veteran" means (i) a person who is a resident of this
state[,] (ii) who served in the armed forces of the United States in the
hostilities that occurred in the Persian Gulf from the second day of
August, nineteen hundred ninety through the end of such hostilities, and
(iii) who was either discharged therefrom under honorable conditions,
including but not limited to honorable discharge, discharge under honor-
able conditions, or general discharge, or has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or is a discharged LGBT veteran, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
S. 8006--C 118 A. 9006--C
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service.
c. "Afghanistan veteran" means (i) a person who is a resident of this
state[,] (ii) who served in the armed forces of the United States in the
hostilities that occurred in Afghanistan from the eleventh day of
September, two thousand one, to the end of such hostilities, and (iii)
who was either discharged therefrom under honorable conditions, includ-
ing but not limited to honorable discharge, discharge under honorable
conditions, or general discharge, or has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or is a discharged LGBT veteran, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service.
d. "Other eligible combat veteran" means: an individual who (i) is a
resident of this state, (ii) served in the armed forces of the United
States in hostilities that occurred after February twenty-eighth, nine-
teen hundred sixty-one, as evidenced by their receipt of an Armed Forces
Expeditionary Medal, Navy Expeditionary Medal, or Marine Corps Expedi-
tionary Medal, and (iii) was either discharged under honorable condi-
tions, including but not limited to honorable discharge, discharge under
honorable conditions, or general discharge, or has a qualifying condi-
tion, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, or is a discharged LGBT
veteran, as defined in section [three hundred fifty] ONE of the [execu-
tive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service.
§ 47. Subdivision 1 of section 3202 of the education law, as amended
by chapter 490 of the laws of 2019, is amended to read as follows:
1. A person over five and under twenty-one years of age who has not
received a high school diploma is entitled to attend the public schools
maintained in the district in which such person resides without the
payment of tuition. Provided further that such person may continue to
attend the public school in such district in the same manner, if tempo-
rarily residing outside the boundaries of the district when relocation
to such temporary residence is a consequence of such person's parent or
person in parental relationship being called to active military duty,
other than training. Notwithstanding any other provision of law to the
contrary, the school district shall not be required to provide transpor-
tation between a temporary residence located outside of the school
district and the school the child attends. A veteran of any age who
shall have served as a member of the armed forces of the United States
and who (a) shall have been discharged therefrom under conditions other
than dishonorable, or (b) has a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service, or (c) is a discharged LGBT veteran, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service, may attend any of the public schools of the state
upon conditions prescribed by the board of education, and such veterans
shall be included in the pupil count for state aid purposes. A nonveter-
an under twenty-one years of age who has received a high school diploma
shall be permitted to attend classes in the schools of the district in
S. 8006--C 119 A. 9006--C
which such person resides or in a school of a board of cooperative
educational services upon payment of tuition under such terms and condi-
tions as shall be established in regulations promulgated by the commis-
sioner; provided, however, that a school district may waive the payment
of tuition for such nonveteran, but in any case such a nonveteran who
has received a high school diploma shall not be counted for any state
aid purposes. Nothing herein contained shall, however, require a board
of education to admit a child who becomes five years of age after the
school year has commenced unless his OR HER birthday occurs on or before
the first of December.
§ 48. Clause (h) of subparagraph 3 of paragraph b of subdivision 1 of
section 4402 of the education law, as amended by chapter 652 of the laws
of 2007, is amended to read as follows:
(h) Provide the form developed pursuant to subdivision [fifteen] TWEN-
TY-TWO of section [three hundred fifty-three] FOUR of the [executive]
VETERANS' SERVICES law to the parent or person in parental relation of a
child designated by the committee as either disabled or emotionally
disturbed.
§ 49. Subdivision 15 of section 1-104 of the election law, as amended
by chapter 490 of the laws of 2019, is amended to read as follows:
15. The term "veterans' hospital" means any sanitarium, hospital,
soldiers' and sailors' home, United States Veterans' Administration
Hospital, or other home or institution, which is used, operated and
conducted exclusively for the care, maintenance and treatment of persons
serving in the military or naval service or coast guard of the United
States or the state of New York, or persons who (a) were honorably
discharged from such service, or (b) have a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and have received a discharge other than bad conduct
or dishonorable from such service, or (c) are a discharged LGBT veteran,
as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and have received a discharge other than bad
conduct or dishonorable from such service.
§ 50. Subdivision 4 of section 5-210 of the election law, as amended
by chapter 490 of the laws of 2019, is amended to read as follows:
4. Any qualified person who has been honorably discharged from the
military after the twenty-fifth day before a general election, or who
has a qualifying condition, as defined in section [three hundred fifty]
ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from the military after
the twenty-fifth day before a general election, or who is a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from the military after the twenty-
fifth day before a general election, or who has become a naturalized
citizen after the twenty-fifth day before a general election may
personally register at the board of elections in the county of his or
her residence and vote in the general election held at least ten days
after such registration.
§ 51. Subdivision 16 of section 11-0305 of the environmental conserva-
tion law, as amended by chapter 103 of the laws of 2012, is amended to
read as follows:
16. Notwithstanding any inconsistent provision of law, to authorize
free sport fishing clinics. A free sport fishing clinic shall include,
but not be limited to, instruction provided by employees of the depart-
ment or its designee in recreational angling, including its benefits and
S. 8006--C 120 A. 9006--C
values, and may also include instruction and other information relevant
to an understanding of fisheries management, ethics and aquatic ecology
and habitat. No license or recreational marine fishing registration is
required to take fish by angling while participating in a fishing clinic
conducted by the department or its designee that has been designated by
the commissioner as a free sport fishing clinic. Such clinics shall be
implemented consistent with department standards and in a manner deter-
mined 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. Further, the commissioner may
designate additional fishing events organized through the department
that provide physical or emotional rehabilitation for veterans, as
defined in subdivision three of section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, or active duty members of the armed
forces of the United States[, as defined in 10 U.S.C. section
101(d)(1)]. No license or recreational marine fishing registration shall
be required for such veterans or active duty members to take fish by
angling while participating in these events.
§ 52. Subdivision 4 of section 11-0715 of the environmental conserva-
tion law, as amended by chapter 490 of the laws of 2019, is amended to
read as follows:
4. A person, resident in the state for at least thirty days immediate-
ly prior to the date of application, who (a) has been honorably
discharged from service in the armed forces of the United States, or (b)
has a qualifying condition, as defined in section [three hundred fifty]
ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(c) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, and
is certified as having a forty percent or greater service-connected
disability is entitled to receive all licenses, privileges, tags, and
permits authorized by this title for which he or she is eligible, except
turkey permits, renewable each year for a five dollar fee.
§ 53. Subparagraph (iv) of paragraph c of subdivision 1 of section
13-0328 of the environmental conservation law, as amended by chapter 656
of the laws of 2021, is amended to read as follows:
(iv) licenses shall be issued only to persons who demonstrate in a
manner acceptable to the department that they received an average of at
least fifteen thousand dollars of income over three consecutive years
from commercial fishing or fishing, or who successfully complete a
commercial food fish apprenticeship pursuant to subdivision seven of
this section. As used in this subparagraph, "commercial fishing" means
the taking and sale of marine resources including fish, shellfish, crus-
tacea or other marine biota and "fishing" means commercial fishing and
carrying fishing passengers for hire. Individuals who wish to qualify
based on income from "fishing" must hold a valid marine and coastal
district party and charter boat license. No more than ten percent of the
licenses issued each year based on income eligibility pursuant to this
paragraph shall be issued to applicants who qualify based solely upon
income derived from operation of or employment by a party or charter
boat. For the income evaluation of this subdivision, the department may
consider persons who would otherwise be eligible but for having served
in the United States armed forces on active duty, provided that such
individual (1) has received an honorable or general discharge, or (2)
has a qualifying condition, as defined in section [three hundred fifty]
S. 8006--C 121 A. 9006--C
ONE of the [executive] VETERAN'S SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(3) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERAN'S SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service,
shall not be deemed ineligible.
§ 54. Subdivision 1 of section 130 of the executive law, as amended by
section 2 of part V of chapter 58 of the laws of 2020, is amended to
read as follows:
1. The secretary of state may appoint and commission as many notaries
public for the state of New York as in his or her judgment may be deemed
best, whose jurisdiction shall be co-extensive with the boundaries of
the state. The appointment of a notary public shall be for a term of
four years. An application for an appointment as notary public shall be
in form and set forth such matters as the secretary of state shall
prescribe. Every person appointed as notary public must, at the time of
his or her appointment, be a resident of the state of New York or have
an office or place of business in New York state. A notary public who is
a resident of the state and who moves out of the state but still main-
tains a place of business or an office in New York state does not vacate
his or her office as a notary public. A notary public who is a nonresi-
dent and who ceases to have an office or place of business in this
state, vacates his or her office as a notary public. A notary public who
is a resident of New York state and moves out of the state and who does
not retain an office or place of business in this state shall vacate his
or her office as a notary public. A non-resident who accepts the office
of notary public in this state thereby appoints the secretary of state
as the person upon whom process can be served on his or her behalf.
Before issuing to any applicant a commission as notary public, unless he
or she be an attorney and counsellor at law duly admitted to practice in
this state or a court clerk of the unified court system who has been
appointed to such position after taking a civil service promotional
examination in the court clerk series of titles, the secretary of state
shall satisfy himself or herself that the applicant is of good moral
character, has the equivalent of a common school education and is famil-
iar with the duties and responsibilities of a notary public; provided,
however, that where a notary public applies, before the expiration of
his or her term, for reappointment with the county clerk or where a
person whose term as notary public shall have expired applies within six
months thereafter for reappointment as a notary public with the county
clerk, such qualifying requirements may be waived by the secretary of
state, and further, where an application for reappointment is filed with
the county clerk after the expiration of the aforementioned renewal
period by a person who failed or was unable to re-apply by reason of his
or her induction or enlistment in the armed forces of the United States,
such qualifying requirements may also be waived by the secretary of
state, provided such application for reappointment is made within a
period of one year after the military discharge of the applicant under
conditions other than dishonorable, or if the applicant has a qualifying
condition, as defined in section [three hundred fifty of this chapter]
ONE OF THE VETERANS' SERVICES LAW, within a period of one year after the
applicant has received a discharge other than bad conduct or dishonor-
able from such service, or if the applicant is a discharged LGBT veter-
an, as defined in section [three hundred fifty of this chapter] ONE OF
THE VETERANS' SERVICES LAW, within a period of one year after the appli-
cant has received a discharge other than bad conduct or dishonorable
S. 8006--C 122 A. 9006--C
from such service. In any case, the appointment or reappointment of any
applicant is in the discretion of the secretary of state. The secretary
of state may suspend or remove from office, for misconduct, any notary
public appointed by him or her but no such removal shall be made unless
the person who is sought to be removed shall have been served with a
copy of the charges against him or her and have an opportunity of being
heard. No person shall be appointed as a notary public under this arti-
cle who has been convicted, in this state or any other state or territo-
ry, of a crime, unless the secretary makes a finding in conformance with
all applicable statutory requirements, including those contained in
article twenty-three-A of the correction law, that such convictions do
not constitute a bar to appointment.
§ 55. Subdivision 1 of section 32 of the general business law, as
amended by chapter 490 of the laws of 2019, is amended to read as
follows:
1. Every member of the armed forces of the United States who (a) was
honorably discharged from such service, or (b) has a qualifying condi-
tion, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, or (c) is a discharged LGBT
veteran, as defined in section [three hundred fifty] ONE of the [execu-
tive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, and who is a resident of
this state and a veteran of any war, or who shall have served in the
armed forces of the United States overseas, and the surviving spouse of
any such veteran, if a resident of the state, shall have the right to
hawk, peddle, vend and sell goods, wares or merchandise or solicit trade
upon the streets and highways within the county of his or her residence,
as the case may be, or if such county is embraced wholly by a city,
within such city, by procuring a license for that purpose to be issued
as herein provided. No part of the lands or premises under the jurisdic-
tion of the division of the state fair in the department of agriculture
and markets, shall be deemed a street or highway within the meaning of
this section.
§ 56. Section 35 of the general business law, as amended by chapter
490 of the laws of 2019, is amended to read as follows:
§ 35. Municipal regulations. This article shall not affect the appli-
cation of any ordinance, by-law or regulation of a municipal corporation
relating to hawkers and peddlers within the limits of such corporations,
but the provisions of this article are to be complied with in addition
to the requirements of any such ordinance, by-law or regulation;
provided, however, that no such by-law, ordinance or regulation shall
prevent or in any manner interfere with the hawking or peddling, without
the use of any but a hand driven vehicle, in any street, avenue, alley,
lane or park of a municipal corporation, by any honorably discharged
member of the armed forces of the United States who (1) was honorably
discharged from such service, or (2) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or (3) is a discharged LGBT veteran,
as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, and who is physically disa-
bled as a result of injuries received while in the service of said armed
forces and the holder of a license granted pursuant to section thirty-
two of this article.
S. 8006--C 123 A. 9006--C
§ 57. Paragraph (a) of subdivision 1 of section 35-a of the general
business law, as amended by chapter 490 of the laws of 2019, is amended
to read as follows:
(a) In cities having a population of one million or more, the official
designated by a local law or ordinance to issue a local license to hawk,
peddle, vend and sell goods, wares or merchandise or solicit trade upon
the streets and highways within such city shall issue specialized vend-
ing licenses to members of the armed forces of the United States who (i)
were honorably discharged from such service, or (ii) have a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and received a discharge other than bad
conduct or dishonorable from such service, or (iii) are a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and received a discharge other than
bad conduct or dishonorable from such service, and who are physically
disabled as a result of injuries received while in the service of said
armed forces and who are eligible to hold licenses granted pursuant to
section thirty-two of this article. Such specialized vending licenses
shall authorize holders thereof to hawk or peddle within such city in
accordance with the provisions contained in this section. Specialized
vending licenses issued under this section shall permit the holders
thereof to vend on any block face, and no licensee authorized under this
section shall be restricted in any way from vending in any area, except
as provided in this section.
§ 58. Paragraph (b) of subdivision 3 of section 69-p of the general
business law, as amended by chapter 490 of the laws of 2019, is amended
to read as follows:
(b) In the case of persons who are or were in the military service and
(i) have been or will be discharged under conditions other than
dishonorable, or (ii) have a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
received a discharge other than bad conduct or dishonorable from such
service, or (iii) are discharged LGBT veterans, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
have received a discharge other than bad conduct or dishonorable from
such service, the period of two years specified in subdivision one of
this section need not be continuous. The length of time such person was
engaged in the business of installing, servicing or maintaining security
or fire alarm systems before entering the military service may be added
to any period of time during which such person was or is engaged in the
business of installing, servicing or maintaining security or fire alarm
systems after the termination of military service.
§ 59. The closing paragraph of section 435 of the general business
law, as amended by chapter 490 of the laws of 2019, is amended to read
as follows:
In the case of persons who are or were in the military service and (a)
have been or will be discharged under conditions other than dishonor-
able, or (b) have a qualifying condition, as defined in section [three
hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
received a discharge other than bad conduct or dishonorable from such
service, or (c) are discharged LGBT veterans, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
have received a discharge other than bad conduct or dishonorable from
such service, the period of one year specified in subdivision one of
this section and the period of six months specified in subdivision two
of this section need not be continuous. The length of time such person
S. 8006--C 124 A. 9006--C
was engaged in the practice of barbering before entering the military
service may be added to any period of time during which such person was
or is engaged in the practice of barbering after the termination of
military service.
§ 60. Section 13-a of the general construction law, as amended by
chapter 490 of the laws of 2019, is amended to read as follows:
§ 13-a. Armed forces of the United States. "Armed forces of the United
States" means the army, navy, marine corps, air force and coast guard[,]
including all components thereof, and the national guard when in the
service of the United States pursuant to call as provided by law.
Pursuant to this definition no person shall be considered a member or
veteran of the armed forces of the United States unless his or her
service therein is or was on a full-time active duty basis, other than
active duty for training or he or she was employed by the War Shipping
Administration or Office of Defense Transportation or their agents as a
merchant seaman documented by the United States Coast Guard or Depart-
ment of Commerce, or as a civil servant employed by the United States
Army Transport Service (later redesignated as the United States Army
Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense or he or she served as a United States civilian employed by the
American Field Service and served overseas under United States Armies
and United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and (i) was discharged or released
therefrom under honorable conditions, or (ii) has a qualifying condi-
tion, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, or (iii) is a discharged LGBT
veteran, as defined in section [three hundred fifty] ONE of the [execu-
tive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, or he or she served as a
United States civilian Flight Crew and Aviation Ground Support Employee
of Pan American World Airways or one of its subsidiaries or its affil-
iates and served overseas as a result of Pan American's contract with
Air Transport Command or Naval Air Transport Service during the period
of armed conflict, December fourteenth, nineteen hundred forty-one
through August fourteenth, nineteen hundred forty-five, and (iv) was
discharged or released therefrom under honorable conditions, or (v) has
a qualifying condition, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (vi) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service.
S. 8006--C 125 A. 9006--C
§ 61. Subdivision 1 of section 77 of the general municipal law, as
amended by chapter 490 of the laws of 2019, is amended to read as
follows:
1. A municipal corporation may lease, for not exceeding five years, to
a post or posts of the Grand Army of the Republic, Veterans of Foreign
Wars of the United States, American Legion, Catholic War Veterans, Inc.,
Disabled American Veterans, the Army and Navy Union, U.S.A., Marine
Corps League, AMVETS, American Veterans of World War II, Jewish War
Veterans of the United States, Inc., Italian American War Veterans of
the United States, Incorporated, Masonic War Veterans of the State of
New York, Inc., Veterans of World War I of the United States of America
Department of New York, Inc., Polish-American Veterans of World War II,
Amsterdam, N.Y., Inc., Polish-American Veterans of World War II, Sche-
nectady, N.Y., Inc., Polish Legion of American Veterans, Inc., Vietnam
Veterans of America or other veteran organization of members of the
[armed forces] UNIFORMED SERVICES of the United States who (a) were
honorably discharged from such service or (b) have a qualifying condi-
tion, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and received a discharge other than bad conduct
or dishonorable from such service, or (c) are discharged LGBT veterans,
as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and received a discharge other than bad conduct
or dishonorable from such service, or to an incorporated organization or
an association of either active or exempt volunteer firefighters, a
public building or part thereof, belonging to such municipal corpo-
ration, except schoolhouses in actual use as such, without expense, or
at a nominal rent, fixed by the board or council having charge of such
buildings and provide furniture and furnishings, and heat, light and
janitor service therefor, in like manner.
§ 62. Paragraph (a) of subdivision 1 of section 148 of the general
municipal law, as amended by chapter 490 of the laws of 2019, is amended
to read as follows:
(a) The board of supervisors in each of the counties, or the board of
estimate in the city of New York, shall designate some proper person,
association or commission, other than that designated for the care of
burial of public charges or criminals, who shall cause to be interred
the body of any member of the [armed forces] UNIFORMED SERVICES of the
United States who (i) was honorably discharged from such service or (ii)
had a qualifying condition, as defined in section [three hundred fifty]
ONE of the [executive] VETERANS' SERVICES law, and received a discharge
other than bad conduct or dishonorable from such service, or (iii) was a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and received a discharge
other than bad conduct or dishonorable from such service, or the body of
any minor child or either parent, or the spouse or unremarried surviving
spouse of any such member of the [armed forces] UNIFORMED SERVICES of
the United States, if such person shall hereafter die in a county or in
the city of New York without leaving sufficient means to defray his or
her funeral expenses.
§ 63. Section 117-c of the highway law, as amended by chapter 490 of
the laws of 2019, is amended to read as follows:
§ 117-c. Hawking, peddling, vending, sale of goods, wares or merchan-
dise; Erie county; certain areas. Notwithstanding any law to the contra-
ry, except section thirty-five of the general business law, the county
of Erie shall have the power to enact a local law prohibiting hawking,
peddling, vending and sale of goods, wares or merchandise or solicita-
S. 8006--C 126 A. 9006--C
tion of trade in the right-of-way of county roads adjacent to arenas,
stadiums, auditoriums or like facilities, which contain fifty thousand
or more seats, which are used for events likely to attract large numbers
of spectators, including but not limited to home games of a National
Football League franchise. Provided, however, that the power to enact
such local law shall be subject to the requirement that provision be
made, by lease agreement, regulation or otherwise, for the hawking,
peddling, vending and sales of goods, wares or merchandise or solicita-
tion of trade in designated vending areas on the ground of county-owned
lands leased for use as an arena, stadium or auditorium or like facility
which contain fifty thousand or more seats; and further provided that
members of the armed forces of the United States who (a) were honorably
discharged from such service, or (b) have a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and received a discharge other than bad conduct or
dishonorable from such service, or (c) are discharged LGBT veterans, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and received a discharge other than bad conduct or
dishonorable from such service, and who are entitled to hawk, vend, sell
or peddle merchandise in the public right-of-way pursuant to sections
thirty-two and thirty-five of the general business law, shall be given
first preference in any assignment or vending locations or in the allo-
cation of such locations.
§ 64. Paragraph 11 of subsection (j) of section 2103 of the insurance
law, as amended by chapter 490 of the laws of 2019, is amended to read
as follows:
(11) No license fee shall be required of any person who served as a
member of the armed forces of the United States at any time and who (A)
shall have been discharged therefrom, under conditions other than
dishonorable, or (B) has a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, or (C) is a discharged LGBT veteran, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, in a current licensing period, for the duration of such
period.
§ 65. Subparagraph (F) of paragraph 3 of subsection (e) and paragraph
2 of subsection (f) of section 2104 of the insurance law, as amended by
chapter 490 of the laws of 2019, are amended to read as follows:
(F) served as a member of the armed forces of the United States at any
time, and shall (i) have been discharged under conditions other than
dishonorable, or (ii) has a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, or (iii) is a discharged LGBT veteran, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service, and who within three years prior to his OR HER entry
into the armed forces held a license as insurance broker for similar
lines, provided his OR HER application for such license is filed before
one year from the date of final discharge; or
(2) No license fee shall be required of any person who served as a
member of the armed forces of the United States at any time, and who (A)
shall have been discharged, under conditions other than dishonorable, or
(B) has a qualifying condition, as defined in section [three hundred
S. 8006--C 127 A. 9006--C
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(C) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, in a
current licensing period, for the duration of such period.
§ 66. Paragraph 2 of subsection (i) of section 2108 of the insurance
law, as amended by chapter 490 of the laws of 2019, is amended to read
as follows:
(2) No license fee shall be required of any person who served as a
member of the armed forces of the United States at any time and who (A)
shall have been discharged, under conditions other than dishonorable, or
(B) has a qualifying condition, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(C) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, in a
current licensing period, for the duration of such period.
§ 67. Paragraph 10 of subsection (h) of section 2137 of the insurance
law, as amended by chapter 490 of the laws of 2019, is amended to read
as follows:
(10) No license fee shall be required of any person who served as a
member of the armed forces of the United States at any time and who (A)
shall have been discharged therefrom, under conditions other than
dishonorable, or (B) has a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, or (C) is a discharged LGBT veteran, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, in a current licensing period, for the duration of such
period.
§ 68. Paragraph 11 of subsection (i) of section 2139 of the insurance
law, as amended by chapter 490 of the laws of 2019, is amended to read
as follows:
(11) No license fee shall be required of any person who served as a
member of the armed forces of the United States at any time, and who (A)
shall have been discharged therefrom under conditions other than
dishonorable, or (B) has a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, or (C) is a discharged LGBT veteran, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, in a current licensing period for the duration of such
period.
§ 69. Section 466 of the judiciary law, as amended by chapter 490 of
the laws of 2019, is amended to read as follows:
§ 466. Attorney's oath of office. 1. Each person, admitted as
prescribed in this chapter must, upon his or her admission, take the
constitutional oath of office in open court, and subscribe the same in a
roll or book, to be kept in the office of the clerk of the appellate
division of the supreme court for that purpose.
2. Any person now in actual service in the armed forces of the United
States or whose induction or enlistment therein is imminent, or within
S. 8006--C 128 A. 9006--C
sixty days after such person (1) has been honorably discharged, or (2)
has received a discharge other than bad conduct or dishonorable from
such service, if such person has a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, or (3) has received a discharge other than bad conduct or dishonor-
able from such service, if such person is a discharged LGBT veteran, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, if the appellate division of the supreme court in the
department in which such person resides is not in session, may subscribe
and take the oath before a justice of that court, with the same force
and effect as if it were taken in open court, except that in the first
department the oath must be taken before the presiding justice or, in
his or her absence, before the senior justice.
§ 70. Subdivision 3 of section 20 of the military law, as amended by
chapter 490 of the laws of 2019, is amended to read as follows:
3. Any person who has served as a commissioned or warrant officer in
the organized militia or in the armed forces of the United States and
(a) has been honorably discharged therefrom, or (b) has a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, or (c) is a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service, may be commissioned
and placed on the state reserve list in the highest grade previously
held by him OR HER after complying with such conditions as may be
prescribed by regulations issued pursuant to this chapter.
§ 71. Paragraphs (b) and (c) of subdivision 1 and subparagraphs 1 and
2 of paragraph (a) of subdivision 4-b of section 243 of the military
law, as amended by chapter 490 of the laws of 2019, are amended to read
as follows:
(b) The term "military duty" shall mean military service in the mili-
tary, naval, aviation or marine service of the United States subsequent
to July first, nineteen hundred forty, or service under the selective
training and service act of nineteen hundred forty, or the national
guard and reserve officers mobilization act of nineteen hundred forty,
or any other act of congress supplementary or amendatory thereto, or any
similar act of congress hereafter enacted and irrespective of the fact
that such service was entered upon following a voluntary enlistment
therefor or was required under one of the foregoing acts of congress, or
service with the United States public health service as a commissioned
officer, or service with the American Red Cross while with the armed
forces of the United States on foreign service, or service with the
special services section of the armed forces of the United States on
foreign service, or service in the merchant marine which shall consist
of service as an officer or member of the crew on or in connection with
a vessel documented under the laws of the United States or a vessel
owned by, chartered to, or operated by or for the account or use of the
government of the United States, or service by one who was employed by
the War Shipping Administration or Office of Defense Transportation or
their agents as a merchant seaman documented by the United States Coast
Guard or Department of Commerce, or as a civil servant employed by the
United States Army Transport Service (later redesignated as the United
States Army Transportation Corps, Water Division) or the Naval Transpor-
tation Service; and who served satisfactorily as a crew member during
the period of armed conflict, December seventh, nineteen hundred forty-
S. 8006--C 129 A. 9006--C
one, to August fifteenth, nineteen hundred forty-five, aboard merchant
vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service
as such terms are defined under federal law (46 USCA 10301 & 10501) and
further to include "near foreign" voyages between the United States and
Canada, Mexico, or the West Indies via ocean routes, or public vessels
in oceangoing service or foreign waters and who has received a Certif-
icate of Release or Discharge from Active Duty and a discharge certif-
icate, or an Honorable Service Certificate/Report of Casualty, from the
Department of Defense, or who served as a United States civilian
employed by the American Field Service and served overseas under United
States Armies and United States Army Groups in world war II during the
period of armed conflict, December seventh, nineteen hundred forty-one
through May eighth, nineteen hundred forty-five, and who (i) was
discharged or released therefrom under honorable conditions, or (ii) has
a qualifying condition, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (iii) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or who served
as a United States civilian Flight Crew and Aviation Ground Support
Employee of Pan American World Airways or one of its subsidiaries or its
affiliates and served overseas as a result of Pan American's contract
with Air Transport Command or Naval Air Transport Service during the
period of armed conflict, December fourteenth, nineteen hundred forty-
one through August fourteenth, nineteen hundred forty-five, and who (iv)
was discharged or released therefrom under honorable conditions, or (v)
has a qualifying condition, as defined in section [three hundred fifty]
ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(vi) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service; or
service in police duty on behalf of the United States government in a
foreign country, if such person is a police officer, as defined by
section 1.20 of the criminal procedure law, and if such police officer
obtained the prior consent of his or her public employer to absent
himself or herself from his or her position to engage in the performance
of such service; or as an enrollee in the United States maritime service
on active duty and, to such extent as may be prescribed by or under the
laws of the United States, any period awaiting assignment to such
service and any period of education or training for such service in any
school or institution under the jurisdiction of the United States
government, but shall not include temporary and intermittent gratuitous
service in any reserve or auxiliary force. It shall include time spent
in reporting for and returning from military duty and shall be deemed to
commence when the public employee leaves his OR HER position and to end
when he OR SHE is reinstated to his OR HER position, provided such rein-
statement is within ninety days after the termination of military duty,
as hereinafter defined. Notwithstanding the foregoing provisions of this
paragraph, the term "military duty" shall not include any of the forego-
ing services entered upon voluntarily on or after January first, nine-
teen hundred forty-seven and before June twenty-fifth, nineteen hundred
fifty; and, on or after July first, nineteen hundred seventy, the term
"military duty" shall not include any voluntary service in excess of
four years performed after that date, or the total of any voluntary
S. 8006--C 130 A. 9006--C
services, additional or otherwise, in excess of four years performed
after that date, shall not exceed five years, if the service in excess
of four years is at the request and for the convenience of the federal
government, except if such voluntary service is performed during a peri-
od of war, or national emergency declared by the president.
(c) The term "termination of military duty" shall mean the date of a
certificate of honorable discharge or a certificate of completion of
training and service as set forth in the selective training and service
act of nineteen hundred forty, and the national guard and reserve offi-
cers mobilization act of nineteen hundred forty or, or a certificate of
release or discharge from active duty where an employee (i) has a quali-
fying condition, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service, or (ii) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or in the
event of the incurrence of a temporary disability arising out of and in
the course of such military duty, the date of termination of such disa-
bility. The existence and termination of such temporary disability, in
the case of a public employee occupying a position in the classified
civil service or of a person on an eligible list for a position in such
service, shall be determined by the civil service commission having
jurisdiction over such position and, in the case of a public employee
occupying a position not in the classified civil service, shall be
determined by the officer or body having the power of appointment.
(1) "New York city veteran of world war II". Any member of the New
York city employees' retirement system in city-service who, after his OR
HER last membership in such system began, served as a member of the
armed forces of the United States during the period beginning on Decem-
ber seventh, nineteen hundred forty-one and ending on December thirty-
first, nineteen hundred forty-six, and (i) was honorably discharged or
released under honorable circumstances from such service, or (ii) has a
qualifying condition, as defined in section [three hundred fifty] ONE of
the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (iii) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service.
(2) "New York city veteran of the Korean conflict." Any member of the
New York city employees' retirement system in city-service who, after
his OR HER last membership in such system began, served as a member of
the armed forces of the United States during the period beginning on the
twenty-seventh of June, nineteen hundred fifty and ending on the thir-
ty-first day of January, nineteen hundred fifty-five, and (i) was honor-
ably discharged or released under honorable circumstances from such
service, or (ii) has a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, or (iii) is a discharged LGBT veteran, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service.
§ 72. Section 245 of the military law, as amended by chapter 490 of
the laws of 2019, is amended to read as follows:
S. 8006--C 131 A. 9006--C
§ 245. Retirement allowances of certain war veterans. 1. Any member
of a teachers' retirement system to which the city of New York is
required by law to make contributions on account of such member who (i)
is an honorably discharged member of any branch of the armed forces of
the United States, or (ii) has a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonor-
able, or (iii) is a discharged LGBT veteran, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable, having
served as such during the time of war and who has attained the age of
fifty years, may retire upon his OR HER own request upon written appli-
cation to the board setting forth at what time not less than thirty days
subsequent to the execution and filing thereof he OR SHE desires to be
retired, provided that such member at the time so specified for his OR
HER retirement shall have completed at least twenty-five years of allow-
able service. Upon retirement such member shall receive an annuity of
equivalent actuarial value to his OR HER accumulated deductions, and, in
addition, a pension beginning immediately, having a value equal to the
present value of the pension that would have become payable had he OR
SHE continued at his OR HER current salary to the age at which he OR SHE
would have first become eligible for service retirement, provided,
however, that the said member on making application for retirement shall
pay into the retirement fund a sum of money which calculated on an actu-
arial basis, together with his OR HER prior contributions and other
accumulations in said fund then to his OR HER credit, shall be suffi-
cient to entitle the said member to the same annuity and pension that he
OR SHE would have received had he OR SHE remained in the service of the
city until he OR SHE had attained the age at which he OR SHE otherwise
would have first become eligible for service retirement.
2. Notwithstanding any other provision of this section or of any
general, special or local law or code to the contrary, a member of any
such teachers' retirement system who (i) is separated or discharged
under honorable conditions from any branch of the armed forces of the
United States, or (ii) has a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable, or
(iii) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable, having served as such
during the time of war and who has attained the age of fifty years, may
retire upon his OR HER own request upon written application to the board
setting forth at what time, not less than thirty days subsequent to the
execution and filing thereof, he OR SHE desires to be retired, provided
that such member at that time so specified for his OR HER retirement
shall have completed at least twenty-five years of allowable service.
Upon reaching his OR HER previously selected minimum retirement age,
such member shall receive an annuity of equivalent actuarial value, at
that time, to his OR HER accumulated deductions, and, in addition, a
pension based upon his OR HER credited years of allowable service, plus
the pension-for-increased-take-home-pay, if any. Should such member die
before reaching his OR HER retirement age, then any beneficiary under a
selected option shall be eligible for benefits under such option at the
date upon which the member would have reached his OR HER selected
retirement age.
S. 8006--C 132 A. 9006--C
§ 73. Subdivision 1-b of section 247 of the military law, as amended
by chapter 490 of the laws of 2019, is amended to read as follows:
1-b. The adjutant general is hereby authorized to present in the name
of the legislature of the state of New York, a certificate, to be known
as the "Cold War Certificate", bearing a suitable inscription, to any
person: (i) who is a citizen of the state of New York or (ii) who was a
citizen of the state of New York while serving in the armed forces of
the United States; (iii) who served in the United States Armed Forces
during the period of time from September second, nineteen hundred
forty-five through December twenty-sixth, nineteen hundred ninety-one,
commonly known as the Cold War Era; and (iv) who was honorably
discharged or released under honorable circumstances during the Cold War
Era, or has a qualifying condition, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and received a
discharge other than bad conduct or dishonorable during the Cold War
Era, or is a discharged LGBT veteran, as defined in section [three
hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
received a discharge other than bad conduct or dishonorable during the
Cold War Era. Not more than one Cold War Certificate shall be awarded or
presented, under the provisions of this subdivision, to any person whose
entire service subsequent to the time of the receipt of such medal shall
not have been honorable. In the event of the death of any person during
or subsequent to the receipt of such certificate it shall be presented
to such representative of the deceased as may be designated. The adju-
tant general, in consultation with the [director] COMMISSIONER of the
[division] DEPARTMENT of veterans' services, shall make such rules and
regulations as may be deemed necessary for the proper presentation and
distribution of the certificate.
§ 74. Section 249 of the military law, as amended by chapter 490 of
the laws of 2019, is amended to read as follows:
§ 249. State and municipal officers and employees granted leaves of
absence on July fourth in certain cases. Each officer and employee of
the state or of a municipal corporation or of any other political subdi-
vision thereof who was a member of the national guard or naval militia
or a member of the reserve corps at a time when the United States was
not at war and who (i) has been honorably discharged therefrom, or (ii)
has a qualifying condition, as defined in section [three hundred fifty]
ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(iii) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service,
shall, in so far as practicable, be entitled to absent himself OR
HERSELF from [his] duties or service, with pay, on July fourth of each
year. Notwithstanding the provisions of any general, special or local
law or the provisions of any city charter, no such officer or employee
shall be subjected by any person whatever directly or indirectly by
reason of such absence to any loss or diminution of vacation or holiday
privilege or be prejudiced by reason of such absence with reference to
promotion or continuance in office or employment or to reappointment to
office or to re-employment.
§ 75. Subparagraph 2 of paragraph b of subdivision 1 of section 156 of
the public housing law, as amended by chapter 490 of the laws of 2019,
is amended to read as follows:
(2) (i) have been thereafter discharged or released therefrom under
conditions other than dishonorable, or (ii) have a qualifying condition,
S. 8006--C 133 A. 9006--C
as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and have received a discharge other than bad
conduct or dishonorable from such service, or (iii) are discharged LGBT
veterans, as defined in section [three hundred fifty] ONE of the [execu-
tive] VETERANS' SERVICES law, and have received a discharge other than
bad conduct or dishonorable from such service, or (iv) died in such
service, not more than five years prior to the time of application for
admission to such project, and
§ 76. The opening paragraph and paragraph (d) of subdivision 1 of
section 2632 of the public health law, as amended by chapter 490 of the
laws of 2019, are amended to read as follows:
Every veteran of the armed forces of the United States, who (i) (A)
was separated or discharged under honorable conditions after serving on
active duty therein for a period of not less than thirty days, or (B)
has a qualifying condition, as defined in section [three hundred fifty]
ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable after serving on active
duty therein for a period of not less than thirty days, or (C) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable after serving on active duty
therein for a period of not less than thirty days, or (ii) (A) was sepa-
rated or discharged under honorable conditions after serving on active
duty therein for a period of not less than thirty days or (B) has a
qualifying condition, as defined in section [three hundred fifty] ONE of
the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable after serving on active duty
therein for a period of not less than thirty days, or (C) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable after serving on active duty
therein for a period of not less than thirty days, and who was a recipi-
ent of the armed forces expeditionary medal, navy expeditionary medal or
marine corps expeditionary medal for participation in operations in
Lebanon from June first, nineteen hundred eighty-three to December
first, nineteen hundred eighty-seven, in Grenada from October twenty-
third, nineteen hundred eighty-three to November twenty-first, nineteen
hundred eighty-three, or in Panama from December twentieth, nineteen
hundred eighty-nine to January thirty-first, nineteen hundred ninety, or
in Bosnia and Herzgegovina from November twenty-first, nineteen hundred
ninety-five to November first, two thousand seven, or was a recipient of
the Kosovo campaign medal or (iii) (A) was separated or discharged under
honorable conditions after serving on active duty therein for a period
of not less than thirty days or (B) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable after serving on active duty therein for a period of not
less than thirty days, or (C) is a discharged LGBT veteran, as defined
in section [three hundred fifty] ONE of the [executive] VETERANS'
SERVICES law, and has received a discharge other than bad conduct or
dishonorable after serving on active duty therein for a period of not
less than thirty days, and who served during the period of actual
hostilities of either
(d) world war II between December seventh, nineteen hundred forty-one
and December thirty-first, nineteen hundred forty-six, both inclusive,
or who was employed by the War Shipping Administration or Office of
S. 8006--C 134 A. 9006--C
Defense Transportation or their agents as a merchant seaman documented
by the United States Coast Guard or Department of Commerce, or as a
civil servant employed by the United States Army Transport Service
(later redesignated as the United States Army Transportation Corps,
Water Division) or the Naval Transportation Service; and who served
satisfactorily as a crew member during the period of armed conflict,
December seventh, nineteen hundred forty-one, to August fifteenth, nine-
teen hundred forty-five, aboard merchant vessels in oceangoing, i.e.,
foreign, intercoastal, or coastwise service as such terms are defined
under federal law (46 USCA 10301 & 10501) and further to include "near
foreign" voyages between the United States and Canada, Mexico, or the
West Indies via ocean routes, or public vessels in oceangoing service or
foreign waters and who has received a Certificate of Release or
Discharge from Active Duty and a discharge certificate, or an Honorable
Service Certificate/Report of Casualty, from the Department of Defense,
or who served as a United States civilian employed by the American Field
Service and served overseas under United States Armies and United States
Army Groups in world war II during the period of armed conflict, Decem-
ber seventh, nineteen hundred forty-one through May eighth, nineteen
hundred forty-five, and who (i) was discharged or released therefrom
under honorable conditions, or (ii) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or (iii) is a discharged LGBT veter-
an, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, or who served as a United
States civilian Flight Crew and Aviation Ground Support Employee of Pan
American World Airways or one of its subsidiaries or its affiliates and
served overseas as a result of Pan American's contract with Air Trans-
port Command or Naval Air Transport Service during the period of armed
conflict, December fourteenth, nineteen hundred forty-one through August
fourteenth, nineteen hundred forty-five, and who (iv) was discharged or
released therefrom under honorable conditions, or (v) has a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, or (vi) is a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service; or
§ 77. Subdivision 5 of section 2805-b of the public health law, as
amended by section 21 of part AA of chapter 56 of the laws of 2019, is
amended to read as follows:
5. The staff of a general hospital shall: (a) inquire whether or not
the person admitted has served in the United States armed forces. Such
information shall be listed on the admissions form; (b) notify any
admittee who is a veteran of the possible availability of services at a
hospital operated by the United States veterans health administration,
and, upon request by the admittee, such staff shall make arrangements
for the individual's transfer to a United States veterans health admin-
istration hospital, provided, however, that transfers shall be author-
ized only after it has been determined, according to accepted clinical
and medical standards, that the patient's condition has stabilized and
transfer can be accomplished safely and without complication; and (c)
provide any admittee who has served in the United States armed forces
with a copy of the "Information for Veterans concerning Health Care
S. 8006--C 135 A. 9006--C
Options" fact sheet, maintained by the [division] DEPARTMENT of veter-
ans' services pursuant to subdivision [twenty-three] TWENTY-NINE of
section [three hundred fifty-three] FOUR of the [executive] VETERANS'
SERVICES law prior to discharging or transferring the patient. The
commissioner shall promulgate rules and regulations for notifying such
admittees of possible available services and for arranging a requested
transfer.
§ 78. Subdivision 2 of section 2805-o of the public health law, as
amended by chapter 75 of the laws of 2022, is amended to read as
follows:
2. Every nursing home, residential health care facility and every
adult care facility licensed and certified by the department pursuant to
title two of article seven of the social services law or article forty-
six-B of this chapter, including all adult homes, enriched housing
programs, residences for adults, assisted living programs, and assisted
living residences shall in writing advise all individuals identifying
themselves as veterans or spouses of veterans that the [division]
DEPARTMENT of veterans' services and local veterans' service agencies
established pursuant to section [three hundred fifty-seven] FOURTEEN of
the [executive] VETERANS' SERVICES law to provide assistance to veterans
and their spouses regarding benefits under federal and state law. Such
written information shall include the name, address and telephone number
of the New York state [division] DEPARTMENT of veterans' services, the
nearest [division] DEPARTMENT of veterans' services office, the nearest
county or city veterans' service agency and the nearest accredited
veterans' service officer.
§ 79. Subdivision 3 of section 3422 of the public health law, as
amended by chapter 490 of the laws of 2019, is amended to read as
follows:
3. A candidate who fails to attain a passing grade on his OR HER
licensing examination is entitled to a maximum of three re-examinations;
provided, however, that if such candidate fails to attain a passing
grade within three years after completion of his OR HER training, he OR
SHE must requalify in accordance with the provisions of the public
health law and rules and regulations promulgated thereunder existing and
in force as of the date of subsequent application for licensing examina-
tion, except that a satisfactorily completed required course of study
need not be recompleted. A candidate inducted into the armed forces of
the United States during or after completion of training may (a) after
honorable discharge or (b) after a discharge other than bad conduct or
dishonorable where the candidate (i) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, or (ii) is a discharged LGBT veteran, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and upon proper application as required by the department be eligi-
ble for an exemption with respect to time served in such service.
§ 80. Section 63 of the public officers law, as amended by chapter 606
of the laws of 2021, is amended to read as follows:
§ 63. Leave of absence for veterans on Memorial day and Veterans' day.
It shall be the duty of the head of every public department and of every
court of the state of New York, of every superintendent or foreman on
the public works of said state, of the county officers of the several
counties of said state, of the town officers of the various towns in
this state, of the fire district officers of the various fire districts
in this state, and of the head of every department, bureau and office in
the government of the various cities and villages in this state, and the
S. 8006--C 136 A. 9006--C
officers of any public benefit corporation or any public authority of
this state, or of any public benefit corporation or public authority of
any county or subdivision of this state, to give leave of absence with
pay for twenty-four hours on the day prescribed by law as a public holi-
day for the observance of Memorial day and on the eleventh day of Novem-
ber, known as Veterans' day, to every person in the service of the
state, the county, the town, the fire district, the city or village, the
public benefit corporation or public authority of this state, or any
public benefit corporation or public authority of any county or subdivi-
sion of this state, as the case may be, (i) who served on active duty in
the armed forces of the United States during world war I or world war
II, or who was employed by the War Shipping Administration or Office of
Defense Transportation or their agents as a merchant seaman documented
by the United States Coast Guard or Department of Commerce, or as a
civil servant employed by the United States Army Transport Service
(later redesignated as the United States Army Transportation Corps,
Water Division) or the Naval Transportation Service; and who served
satisfactorily as a crew member during the period of armed conflict,
December seventh, nineteen hundred forty-one, to August fifteenth, nine-
teen hundred forty-five, aboard merchant vessels in oceangoing, i.e.,
foreign, intercoastal, or coastwise service as such terms are defined
under federal law (46 USCA 10301 & 10501) and further to include "near
foreign" voyages between the United States and Canada, Mexico, or the
West Indies via ocean routes, or public vessels in oceangoing service or
foreign waters and who has received a Certificate of Release or
Discharge from Active Duty and a discharge certificate, or an Honorable
Service Certificate/Report of Casualty, from the Department of Defense,
or who served as a United States civilian employed by the American Field
Service and served overseas under United States Armies and United States
Army Groups in world war II during the period of armed conflict, Decem-
ber seventh, nineteen hundred forty-one through May eighth, nineteen
hundred forty-five, and who (a) was discharged or released therefrom
under honorable conditions, or (b) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or (c) is a discharged LGBT veteran,
as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service or who served as a United
States civilian Flight Crew and Aviation Ground Support Employee of Pan
American World Airways or one of its subsidiaries or its affiliates and
served overseas as a result of Pan American's contract with Air Trans-
port Command or Naval Air Transport Service during the period of armed
conflict, December fourteenth, nineteen hundred forty-one through August
fourteenth, nineteen hundred forty-five, and who (d) was discharged or
released therefrom under honorable conditions, or (e) has a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, or (f) is a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service or during the period
of the Korean conflict at any time between the dates of June twenty-sev-
enth, nineteen hundred fifty and January thirty-first, nineteen hundred
fifty-five, or during the period of the Vietnam conflict from the [twen-
ty-eighth day of February, nineteen hundred sixty-one] FIRST DAY OF
S. 8006--C 137 A. 9006--C
NOVEMBER, NINETEEN HUNDRED FIFTY-FIVE to the seventh day of May, nine-
teen hundred seventy-five, or (ii) who served on active duty in the
armed forces of the United States and who was a recipient of the armed
forces expeditionary medal, navy expeditionary medal or marine corps
expeditionary medal for participation in operations in Lebanon from June
first, nineteen hundred eighty-three to December first, nineteen hundred
eighty-seven, in Grenada from October twenty-third, nineteen hundred
eighty-three to November twenty-first, nineteen hundred eighty-three, or
in Panama from December twentieth, nineteen hundred eighty-nine to Janu-
ary thirty-first, nineteen hundred ninety, or (iii) who served in the
armed forces of a foreign country allied with the United States during
world war I or world war II, or during the period of the Korean conflict
at any time between June twenty-seventh, nineteen hundred fifty and
January thirty-first, nineteen hundred fifty-five, or during the period
of the Vietnam conflict from the first day of November, nineteen hundred
fifty-five to the seventh day of May, nineteen hundred seventy-five, or
during the period of the Persian Gulf conflict from the second day of
August, nineteen hundred ninety to the end of such conflict, or who
served on active duty in the army or navy or marine corps or air force
or coast guard of the United States, and who (a) was honorably
discharged or separated from such service under honorable conditions, or
(b) has a qualifying condition, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(c) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service
except where such action would endanger the public safety or the safety
or health of persons cared for by the state, in which event such persons
shall be entitled to leave of absence with pay on another day in lieu
thereof. All such persons who are compensated on a per diem, hourly,
semi-monthly or monthly basis, with or without maintenance, shall also
be entitled to leave of absence with pay under the provisions of this
section and no deduction in vacation allowance or budgetary allowable
number of working days shall be made in lieu thereof. A refusal to give
such leave of absence to one entitled thereto shall be neglect of duty.
§ 81. Subdivision 3 of section 1271 of the private housing finance
law, as amended by chapter 490 of the laws of 2019, is amended to read
as follows:
3. "Veteran" shall mean [a resident of this state who (a) has served
in the United States army, navy, marine corps, air force or coast guard
or (b) has served on active duty or ordered to active duty as defined in
10 USC 101 (d)(1) as a member of the national guard or other reserve
component of the armed forces of the United States or (c) has served on
active duty or ordered to active duty for the state, as a member of the
state organized militia as defined in subdivision nine of section one of
the military law, and has been released from such service documented by
an honorable or general discharge, or has a qualifying condition, as
defined in section three hundred fifty of the executive law, and has
received a discharge other than bad conduct or dishonorable from such
service] A VETERAN AS DEFINED IN SECTION ONE OF THE VETERANS' SERVICES
LAW, or is a discharged LGBT veteran, as defined in section [three
hundred fifty] ONE of the [executive] VETERANS' SERVICES law, WHO IS A
RESIDENT OF THE STATE and has received a discharge other than bad
conduct or dishonorable from such service.
S. 8006--C 138 A. 9006--C
§ 82. Subdivisions 2 and 4-a of section 458 of the real property tax
law, as amended by chapter 490 of the laws of 2019, are amended to read
as follows:
2. Real property purchased with moneys collected by popular
subscription in partial recognition of extraordinary services rendered
by any veteran of world war one, world war two, or of the hostilities
which commenced June twenty-seventh, nineteen hundred fifty, who (a) was
honorably discharged from such service, or (b) has a qualifying condi-
tion, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, or (c) is a discharged LGBT
veteran, as defined in section [three hundred fifty] ONE of the [execu-
tive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, and who sustained perma-
nent disability while on military duty, either total or partial, and
owned by the person who sustained such injuries, or by his or her spouse
or unremarried surviving spouse, or dependent father or mother, is
subject to taxation as herein provided. Such property shall be assessed
in the same manner as other real property in the tax district. At the
meeting of the assessors to hear complaints concerning the assessments,
a verified application for the exemption of such real property from
taxation may be presented to them by or on behalf of the owner thereof,
which application must show the facts on which the exemption is claimed,
including the amount of moneys so raised and used in or toward the
purchase of such property. No exemption on account of any such gift
shall be allowed in excess of five thousand dollars. The application for
exemption shall be presented and action thereon taken in the manner
provided by subdivision one of this section. If no application for
exemption be granted, the property shall be subject to taxation for all
purposes. The provisions herein, relating to the assessment and
exemption of property purchased with moneys raised by popular
subscription, apply and shall be enforced in each municipal corporation
authorized to levy taxes.
4-a. For the purposes of this section, the term "military or naval
services" shall be deemed to also include service: (a) by a person who
was employed by the War Shipping Administration or Office of Defense
Transportation or their agents as a merchant seaman documented by the
United States Coast Guard or Department of Commerce, or as a civil serv-
ant employed by the United States Army Transport Service (later redesig-
nated as the United States Army Transportation Corps, Water Division) or
the Naval Transportation Service; and who served satisfactorily as a
crew member during the period of armed conflict, December seventh, nine-
teen hundred forty-one, to August fifteenth, nineteen hundred forty-
five, aboard merchant vessels in oceangoing, i.e., foreign, inter-
coastal, or coastwise service as such terms are defined under federal
law (46 USCA 10301 & 10501) and further to include "near foreign"
voyages between the United States and Canada, Mexico, or the West Indies
via ocean routes, or public vessels in oceangoing service or foreign
waters and who has received a Certificate of Release or Discharge from
Active Duty and a discharge certificate, or an Honorable Service
Certificate/Report of Casualty, from the department of defense; (b)
service by a United States civilian employed by the American Field
Service who served overseas under United States Armies and United States
Army Groups in world war II during the period of armed conflict, Decem-
ber seventh, nineteen hundred forty-one through May eighth, nineteen
hundred forty-five, and who (i) was discharged or released therefrom
S. 8006--C 139 A. 9006--C
under honorable conditions, or (ii) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or (iii) is a discharged LGBT veter-
an, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service; or (c) service by a United
States civilian Flight Crew and Aviation Ground Support Employee of Pan
American World Airways or one of its subsidiaries or its affiliates who
served overseas as a result of Pan American's contract with Air Trans-
port Command or Naval Air Transport Service during the period of armed
conflict, December fourteenth, nineteen hundred forty-one through August
fourteenth, nineteen hundred forty-five, and who (i) was discharged or
released therefrom under honorable conditions, or (ii) has a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, or (iii) is a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service.
§ 83. Paragraph (e) of subdivision 1 and subdivisions 9 and 10 of
section 458-a of the real property tax law, paragraph (e) of subdivision
1 and subdivision 10 as amended by chapter 490 of the laws of 2019,
subdivision 9 as amended by section 36 of part AA of chapter 56 of the
laws of 2019, are amended to read as follows:
(e) "Veteran" means a person (i) who served in the active military,
naval, or air service during a period of war, or who was a recipient of
the armed forces expeditionary medal, navy expeditionary medal, marine
corps expeditionary medal, or global war on terrorism expeditionary
medal, and who (1) was discharged or released therefrom under honorable
conditions, or (2) has a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, or (3) is a discharged LGBT veteran, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, (ii) who was employed by the War Shipping Administration
or Office of Defense Transportation or their agents as a merchant seaman
documented by the United States Coast Guard or Department of Commerce,
or as a civil servant employed by the United States Army Transport
Service (later redesignated as the United States Army Transportation
Corps, Water Division) or the Naval Transportation Service; and who
served satisfactorily as a crew member during the period of armed
conflict, December seventh, nineteen hundred forty-one, to August
fifteenth, nineteen hundred forty-five, aboard merchant vessels in
oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the department of
defense, (iii) who served as a United States civilian employed by the
American Field Service and served overseas under United States Armies
and United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
S. 8006--C 140 A. 9006--C
eighth, nineteen hundred forty-five, and who (1) was discharged or
released therefrom under honorable conditions, or (2) has a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, or (3) is a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service, (iv) who served as a
United States civilian Flight Crew and Aviation Ground Support Employee
of Pan American World Airways or one of its subsidiaries or its affil-
iates and served overseas as a result of Pan American's contract with
Air Transport Command or Naval Air Transport Service during the period
of armed conflict, December fourteenth, nineteen hundred forty-one
through August fourteenth, nineteen hundred forty-five, and who (1) was
discharged or released therefrom under honorable conditions, or (2) has
a qualifying condition, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (3) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (v)
notwithstanding any other provision of law to the contrary, who are
members of the reserve components of the armed forces of the United
States who (1) received an honorable discharge or release therefrom
under honorable conditions, or (2) has a qualifying condition, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service, or (3) is a discharged LGBT veteran,
as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, but are still members of the
reserve components of the armed forces of the United States provided
that such members meet all other qualifications under the provisions of
this section.
9. The commissioner shall develop in consultation with the [director]
COMMISSIONER of the New York state [division] DEPARTMENT of veterans'
services a listing of documents to be used to establish eligibility
under this section, including but not limited to a certificate of
release or discharge from active duty also known as a DD-214 form or an
Honorable Service Certificate/Report of [Causality] CASUALTY from the
department of defense. Such information shall be made available to each
county, city, town or village assessor's office, or congressional char-
tered veterans service officers who request such information. The list-
ing of acceptable military records shall be made available on the inter-
net websites of the [division] DEPARTMENT of veterans' services and the
office of real property tax services.
10. A county, city, town, village or school district may adopt a local
law or resolution to include those military personnel who served in the
Reserve component of the United States Armed Forces that were deemed on
active duty under Executive Order 11519 signed March twenty-third, nine-
teen hundred seventy, 35 Federal Register 5003, dated March twenty-
fourth, nineteen hundred seventy and later designated by the United
States Department of Defense as Operation Graphic Hand, if such member
(1) was discharged or released therefrom under honorable conditions, or
(2) has a qualifying condition, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
S. 8006--C 141 A. 9006--C
discharge other than bad conduct or dishonorable from such service, or
(3) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service,
provided that such veteran meets all other qualifications of this
section.
§ 84. Paragraph (a) of subdivision 1 and subdivision 8 of section
458-b of the real property tax law, paragraph (a) of subdivision 1 as
amended by chapter 490 of the laws of 2019, subdivision 8 as amended by
section 37 of part AA of chapter 56 of the laws of 2019, are amended to
read as follows:
(a) "Cold War veteran" means a person, male or female, who served on
active duty in the United States armed forces, during the time period
from September second, nineteen hundred forty-five to December twenty-
sixth, nineteen hundred ninety-one, and (i) was discharged or released
therefrom under honorable conditions, or (ii) has a qualifying condi-
tion, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, or (iii) is a discharged LGBT
veteran, as defined in section [three hundred fifty] ONE of the [execu-
tive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service.
8. The commissioner shall develop in consultation with the [director]
COMMISSIONER of the New York state [division] DEPARTMENT of veterans'
services a listing of documents to be used to establish eligibility
under this section, including but not limited to a certificate of
release or discharge from active duty also known as a DD-214 form or an
Honorable Service Certificate/Report of [Causality] CASUALTY from the
department of defense. Such information shall be made available to each
county, city, town or village assessor's office, or congressional char-
tered veterans service officers who request such information. The list-
ing of acceptable military records shall be made available on the inter-
net websites of the [division] DEPARTMENT of veterans' services and the
office of real property tax services.
§ 85. Subparagraph (v) of paragraph (a) of subdivision 1 of section
122 of the social services law, as amended by chapter 490 of the laws of
2019, is amended to read as follows:
(v) any alien lawfully residing in the state who is on active duty in
the armed forces (other than active duty for training) or who (1) has
received an honorable discharge (and not on account of alienage) from
the armed forces, or (2) has a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
(and not on account of alienage) from the armed forces, or (3) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable (and not on account of alienage)
from the armed forces, or the spouse, unremarried surviving spouse or
unmarried dependent child of any such alien, if such alien, spouse or
dependent child is a qualified alien as defined in section 431 of the
federal personal responsibility and work opportunity reconciliation act
of 1996 (8 U.S. Code 1641), as amended;
§ 86. Subdivision 1 and paragraph 5 of subdivision 2 of section 168 of
the social services law, as amended by chapter 490 of the laws of 2019,
are amended to read as follows:
S. 8006--C 142 A. 9006--C
1. Veteran means a person, male or female, who has served in the armed
forces of the United States in time of war, or who was a recipient of
the armed forces expeditionary medal, navy expeditionary medal or marine
corps expeditionary medal for participation in operations in Lebanon
from June first, nineteen hundred eighty-three to December first, nine-
teen hundred eighty-seven, in Grenada from October twenty-third, nine-
teen hundred eighty-three to November twenty-first, nineteen hundred
eighty-three, or in Panama from December twentieth, nineteen hundred
eighty-nine to January thirty-first, nineteen hundred ninety, and who
(1) has been honorably discharged or released under honorable circum-
stances from such service or furloughed to the reserve, or (2) has a
qualifying condition, as defined in section [three hundred fifty] ONE of
the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service, or (3) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service.
(5) World war II; from the seventh day of December, nineteen hundred
forty-one to and including the thirty-first day of December, nineteen
hundred forty-six, or who was employed by the War Shipping Adminis-
tration or Office of Defense Transportation or their agents as a
merchant seaman documented by the United States Coast Guard or Depart-
ment of Commerce, or as a civil servant employed by the United States
Army Transport Service (later redesignated as the United States Army
Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense or who served as a United States civilian employed by the Ameri-
can Field Service and served overseas under United States Armies and
United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who (i) was discharged or
released therefrom under honorable conditions, or (ii) has a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, or (iii) is a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service, or who served as a
United States civilian Flight Crew and Aviation Ground Support Employee
of Pan American World Airways or one of its subsidiaries or its affil-
iates and served overseas as a result of Pan American's contract with
Air Transport Command or Naval Air Transport Service during the period
of armed conflict, December fourteenth, nineteen hundred forty-one
through August fourteenth, nineteen hundred forty-five, and who (iv) was
discharged or released therefrom under honorable conditions, or (v) has
a qualifying condition, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
S. 8006--C 143 A. 9006--C
other than bad conduct or dishonorable from such service, or (vi) is a
discharged LGBT veteran, as defined in section [three hundred fifty] ONE
of the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service.
§ 87. Subparagraph 1 of paragraph (b) of subdivision 29 of section
210-B of the tax law, as amended by chapter 490 of the laws of 2019, is
amended to read as follows:
(1) who served on active duty in the United States army, navy, air
force, marine corps, coast guard or the reserves thereof, or who served
in active military service of the United States as a member of the army
national guard, air national guard, New York guard or New York naval
militia; who (i) was released from [active duty by general or honorable
discharge] SUCH SERVICE after September eleventh, two thousand one, or
(ii) has a qualifying condition, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service after
September eleventh, two thousand one, or (iii) is a discharged LGBT
veteran, as defined in section [three hundred fifty] ONE of the [execu-
tive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service after September eleventh,
two thousand one;
§ 88. Subparagraph (A) of paragraph 2 of subsection (a-2) of section
606 of the tax law, as amended by chapter 490 of the laws of 2019, is
amended to read as follows:
(A) who served on active duty in the United States army, navy, air
force, marine corps, coast guard or the reserves thereof, or who served
in active military service of the United States as a member of the army
national guard, air national guard, New York guard or New York naval
militia; who (i) was released from active duty by general or honorable
discharge after September eleventh, two thousand one, or (ii) has a
qualifying condition, as defined in section [three hundred fifty] ONE of
the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service after September
eleventh, two thousand one, or (iii) is a discharged LGBT veteran, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service after September eleventh, two thousand
one;
§ 89. Paragraph 18-a of subdivision (a) of section 1115 of the tax
law, as added by chapter 478 of the laws of 2016, is amended to read as
follows:
(18-a) Tangible personal property manufactured and sold by a veteran,
as defined in section [three hundred sixty-four] TWENTY-TWO of the
[executive] VETERANS' SERVICES law, for the benefit of a veteran's
service organization, provided that such person or any member of his or
her household does not conduct a trade or business in which similar
items are sold, the first two thousand five hundred dollars of receipts
from such sales in a calendar year.
§ 90. Subparagraph (A) of paragraph 2 of subdivision (g-1) of section
1511 of the tax law, as amended by chapter 490 of the laws of 2019, is
amended to read as follows:
(A) who served on active duty in the United States army, navy, air
force, marine corps, coast guard or the reserves thereof, or who served
in active military service of the United States as a member of the army
national guard, air national guard, New York guard or New York naval
militia; who (i) was released from active duty by general or honorable
S. 8006--C 144 A. 9006--C
discharge after September eleventh, two thousand one, or (ii) has a
qualifying condition, as defined in section [three hundred fifty] ONE of
the [executive] VETERANS' SERVICES law, and has received a discharge
other than bad conduct or dishonorable from such service after September
eleventh, two thousand one, or (iii) is a discharged LGBT veteran, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and has received a discharge other than bad conduct
or dishonorable from such service after September eleventh, two thousand
one;
§ 91. Section 295 of the town law, as amended by chapter 490 of the
laws of 2019, is amended to read as follows:
§ 295. Removal of remains of deceased members of armed forces. Upon a
verified petition presented to a judge of a court of record by any armed
forces' organization in any town or city in this state by a majority of
its officers, or a majority of any memorial committee in any town or
city where there are two or more veteran armed forces' organizations, or
in towns or cities where there are no veteran armed forces' organiza-
tions, upon the petition of five or more veterans of the armed forces,
the judge to whom said verified petition is presented shall make an
order to show cause, returnable before him OR HER at a time and place
within the county in not less than fourteen or more than twenty days
from the date of presentation of said petition, why the remains of any
deceased members of the armed forces buried in potter's field, or in any
neglected or abandoned cemeteries, should not be removed to and rein-
terred in a properly kept incorporated cemetery in the same town or city
or in a town adjoining the town or city in which the remains of a
deceased member of the armed forces are buried, and to fix the amount of
the expenses for such removal and reinterment, and the order to show
cause shall provide for its publication in a newspaper, to be designated
in the order, which is published nearest to the cemetery from which the
removal is sought to be made, once in each week for two successive
weeks. The verified petition presented to the judge shall show that the
petitioners are a majority of the officers of a veteran armed forces
organization, or a majority of a memorial committee in towns or cities
where two or more veteran armed forces organizations exist, or that the
petitioners are honorably discharged veterans of the armed forces in
towns or cities where no veteran armed forces organization exists, or
that the petitioners have a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
received a discharge other than bad conduct or dishonorable from such
service and are in towns or cities where no veteran armed forces organ-
izations exist, or that the petitioners are discharged LGBT veterans, as
defined in section [three hundred fifty] ONE of the [executive] VETER-
ANS' SERVICES law, and received a discharge other than bad conduct or
dishonorable from such service and are in towns and cities where no
veteran armed forces organizations exist, and (1) the name of the
deceased member or members of the armed forces, whose remains are sought
to be removed, and if known the unit in which he, SHE or they served;
(2) the name and location of the cemetery in which he OR SHE is interred
and from which removal is asked to be made; (3) the name and location of
the incorporated cemetery to which the remains are desired to be removed
and reinterred; (4) the facts showing the reasons for such removal. Upon
the return day of the order to show cause and at the time and place
fixed in said order, upon filing proof of publication of the order to
show cause with the judge, if no objection is made thereto, he OR SHE
shall make an order directing the removal of the remains of said
S. 8006--C 145 A. 9006--C
deceased member or members of the armed forces to the cemetery desig-
nated in the petition within the town or city or within a town adjoining
the town or city in which the remains are then buried and shall specify
in the order the amount of the expenses of such removal, which expenses
of removal and reinterment, including the expense of the proceeding
under this section, shall be a charge upon the county in which the town
or city is situated from which the removal is made and such expenses
shall be a county charge and audited by the board of supervisors of the
county and paid in the same manner as other county charges. On and after
the removal and reinterment of the remains of the deceased member or
members of the armed forces in the armed forces' plot, the expenses for
annual care of the grave in the armed forces' burial plot to which the
removal is made shall be annually provided by the town or city in which
the remains were originally buried, at the rate of not to exceed twenty
dollars per grave, and shall be paid annually to the incorporated ceme-
tery association to which the remains of each deceased member of the
armed forces may be removed and reinterred. The petition and order shall
be filed in the county clerk's office of the county in which the remains
of the deceased member of the armed forces were originally interred, and
the service of a certified copy of the final order upon the cemetery
association shall be made prior to any removal. Any relative of the
deceased member or members of the armed forces, or the officer of any
cemetery association in which the remains of the deceased member or
members of the armed forces were originally interred, or the authorities
of the county in which the member or members of the armed forces were
originally buried, may oppose the granting of said order and the judge
shall summarily hear the statement of the parties and make such order as
the justice and equity of the application shall require. Any headstone
or monument which marks the grave of the deceased member of the armed
forces shall be removed and reset at the grave in the cemetery in which
the removal is permitted to be made and in each case the final order
shall provide the amount of the expenses of such removals and reinter-
ment and resetting of the headstone or monument, including the expenses
of the proceedings under this section; except that where provision is
otherwise made for the purchase or erection of a new headstone, monument
or marker at the grave in the cemetery to which such removal is permit-
ted, such old headstone or monument need not be so removed and reset, in
which case such final order shall not provide for the expense of reset-
ting. The order shall designate the person or persons having charge of
the removals and reinterments. Upon completion of the removal, reinter-
ment and resetting of the headstones or monuments, the person or persons
having charge of the same shall make a verified report of the removal,
reinterment and resetting of the headstone or monument and file the
report in the clerk's office of the proper county. The words "member of
the armed forces" shall be construed to mean a member of the armed forc-
es who served in the armed forces of the United States and who (5) was
honorably discharged from such service, or (6) has a qualifying condi-
tion, as defined in section [three hundred fifty] ONE of the [executive]
VETERANS' SERVICES law, and has received a discharge other than bad
conduct or dishonorable from such service, or (7) is a discharged LGBT
veteran, as defined in section [three hundred fifty] ONE of the [execu-
tive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, and the words "armed
forces plot" shall be construed to mean a plot of land in any incorpo-
rated cemetery set apart to be exclusively used as a place for interring
S. 8006--C 146 A. 9006--C
the remains of deceased veterans of the armed forces of the United
States.
§ 92. Subdivision 2 of section 404-v of the vehicle and traffic law,
as amended by chapter 490 of the laws of 2019, is amended to read as
follows:
2. The distinctive plate authorized pursuant to this section shall be
issued upon proof, satisfactory to the commissioner, that the applicant
is a veteran who served in the United States Naval Armed Guard and who
(1) was honorably discharged from such service, or (2) has a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, or (3) is a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service.
§ 93. Subdivision 3 of section 404-v of the vehicle and traffic law,
as amended by section 19 of part AA of chapter 56 of the laws of 2019,
is amended to read as follows:
3. A distinctive plate issued pursuant to this section shall be issued
in the same manner as other number plates upon the payment of the regu-
lar 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 annual service
charge shall be deposited to the credit of the Eighth Air Force Histor-
ical Society fund established pursuant to section ninety-five-f of the
state finance law and shall be used for veterans' counseling services
provided by local veterans' service agencies pursuant to section [three
hundred fifty-seven] FOURTEEN of the [executive] VETERANS' SERVICES law
under the direction of the [division] DEPARTMENT of veterans' services.
Provided, however, that one year after the effective date of this
section funds in the amount of five thousand dollars, or so much thereof
as may be available, shall be allocated to the department to offset
costs associated with the production of such license plates.
§ 94. Paragraphs (a) and (b) of subdivision 1 of section 404-w of the
vehicle and traffic law, as amended by chapter 490 of the laws of 2019,
are amended to read as follows:
(a) a person who served in the armed forces of the United States in
the hostilities that occurred in the Persian Gulf from the eleventh day
of September, two thousand one, to the end of such hostilities, who (i)
was discharged therefrom under other than dishonorable conditions, or
(ii) has a qualifying condition, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(iii) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service; or
(b) a person who served in the armed forces of the United States, in
the hostilities that occurred in Afghanistan from the eleventh day of
September, two thousand one, to the end of such hostilities, who (i) was
discharged therefrom under other than dishonorable conditions, or (ii)
has a qualifying condition, as defined in section [three hundred fifty]
ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(iii) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service.
S. 8006--C 147 A. 9006--C
§ 95. Subdivision 3 of section 404-w of the vehicle and traffic law,
as amended by chapter 490 of the laws of 2019, is amended to read as
follows:
3. For the purposes of this section, "Persian Gulf veteran" shall mean
a person who is a resident of this state, who served in the armed forces
of the United States in the hostilities that occurred in the Persian
Gulf from the second day of August, nineteen hundred ninety to the end
of such hostilities, and was (a) honorably discharged from the military,
or (b) has a qualifying condition, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(c) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service.
§ 96. Paragraphs (a) and (b) of subdivision 3 of section 404-y of the
vehicle and traffic law, as amended by chapter 490 of the laws of 2019,
are amended to read as follows:
(a) "Veteran of the Iraq War" shall mean a person who is a resident of
this state, who served in the armed forces of the United States in the
hostilities that occurred in Iraq from the sixteenth day of October, two
thousand two to the end of such hostilities who (i) was discharged ther-
efrom under other than dishonorable conditions or (ii) has a qualifying
condition, as defined in section [three hundred fifty] ONE of the [exec-
utive] VETERANS' SERVICES law, and has received a discharge other than
bad conduct or dishonorable from such service, or (iii) is a discharged
LGBT veteran, as defined in section [three hundred fifty] ONE of the
[executive] VETERANS' SERVICES law, and has received a discharge other
than bad conduct or dishonorable from such service; and
(b) "Veteran of the Afghanistan War" shall mean a person who is a
resident of this state, who served in the armed forces of the United
States in the hostilities that occurred in Afghanistan from the seventh
day of October, two thousand one to the end of such hostilities who (i)
was discharged therefrom under other than dishonorable conditions or
(ii) has a qualifying condition, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service, or
(iii) is a discharged LGBT veteran, as defined in section [three hundred
fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
discharge other than bad conduct or dishonorable from such service.
§ 97. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
traffic law, as amended by chapter 490 of the laws of 2019, is amended
to read as follows:
(b) The identification card shall contain a distinguishing number or
mark and adequate space upon which an anatomical gift, pursuant to arti-
cle forty-three of the public health law, by the holder may be recorded
and shall contain such other information and shall be issued in such
form as the commissioner shall determine; provided, however, every iden-
tification card or renewal thereof issued to a person under the age of
twenty-one years shall have prominently imprinted thereon the statement
"UNDER 21 YEARS OF AGE" in notably distinctive print or format.
Provided, further, however, that every identification card issued to an
applicant who was a member of the armed forces of the United States and
(i) received an honorable discharge or was released therefrom under
honorable conditions, or (ii) has a qualifying condition, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
S. 8006--C 148 A. 9006--C
from such service, or (iii) is a discharged LGBT veteran, as defined in
section [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service, shall, upon his or her request and submission of
proof as set forth herein, contain a distinguishing mark, in such form
as the commissioner shall determine, indicating that he or she is a
veteran. Such proof shall consist of a certificate of release or
discharge from active duty including but not limited to a DD Form 214 or
other proof satisfactory to the commissioner. The commissioner shall not
require fees for the issuance of such identification cards or renewals
thereof to persons under twenty-one years of age which are different
from the fees required for the issuance of identification cards or
renewals thereof to persons twenty-one years of age or over, nor fees to
persons requesting a veteran distinguishing mark which are different
from fees that would otherwise be required. Provided, however, that
notwithstanding the provisions of section four hundred ninety-one of
this article, the commissioner shall not require any fees for the dupli-
cation or amendment of an identification card prior to its renewal if
such duplication or amendment was solely for the purpose of adding a
veteran distinguishing mark to such identification card.
§ 98. Paragraph (a-1) of subdivision 1 of section 504 of the vehicle
and traffic law, as amended by chapter 490 of the laws of 2019, is
amended to read as follows:
(a-1) Every license or renewal thereof issued to an applicant who was
a member of the armed forces of the United States and who (i) received
an honorable discharge or was released therefrom under honorable condi-
tions, or (ii) has a qualifying condition, as defined in section [three
hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and has
received a discharge other than bad conduct or dishonorable from such
service, or (iii) is a discharged LGBT veteran, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
has received a discharge other than bad conduct or dishonorable from
such service, shall, upon his or her request and submission of proof as
set forth herein, contain a distinguishing mark, in such form as the
commissioner shall determine, indicating that he or she is a veteran.
Such proof shall consist of a certificate of release or discharge from
active duty including but not limited to a DD Form 214 or other proof
satisfactory to the commissioner. The commissioner shall not require
fees for the issuance of such licenses or renewals thereof to persons
requesting a veteran distinguishing mark which are different from fees
otherwise required; provided, however, that notwithstanding the
provisions of this section, the commissioner shall not require fees for
a duplication or amendment of a license prior to its renewal if such
duplication or amendment was solely for the purpose of adding a veteran
distinguishing mark to such license.
§ 99. The second undesignated subparagraph of paragraph (a) of subdi-
vision 8 of section 15 of the workers' compensation law, as amended by
chapter 490 of the laws of 2019, is amended to read as follows:
Second: That any plan which will reasonably, equitably and practically
operate to break down hindrances and remove obstacles to the employment
of partially disabled persons who (i) are honorably discharged from our
armed forces, or (ii) have a qualifying condition, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
received a discharge other than bad conduct or dishonorable from such
service, or (iii) are discharged LGBT veterans, as defined in section
[three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
S. 8006--C 149 A. 9006--C
received a discharge other than bad conduct or dishonorable from such
service, or any other physically handicapped persons, is of vital impor-
tance to the state and its people and is of concern to this legislature;
§ 100. Transfer of powers of the division of veterans' services. The
functions and powers possessed by and all of the obligations and duties
of the division of veterans' services, as established pursuant to arti-
cle 17 of the executive law and other laws, shall be transferred and
assigned to, and assumed by and devolved upon, the department of veter-
ans' services.
§ 101. Abolition of the division of veterans' services. Upon the
transfer pursuant to this act of the functions and powers possessed by
and all of the obligations and duties of the division of veterans'
services, as established pursuant to article 17 of the executive law and
other laws, the division of veterans' services shall be abolished.
§ 102. Continuity of authority of the division of veterans' services.
Except as herein otherwise provided, upon the transfer pursuant to this
act of the functions and powers possessed by, and all of the obligations
and duties of, the division of veterans' services, as established pursu-
ant to article 17 of the executive law and other laws, to the department
of veterans' services as prescribed by this act, for the purpose of
succession, all functions, powers, duties and obligations of the depart-
ment of veterans' services shall be deemed and be held to constitute the
continuation of such functions, powers, duties and obligations and not a
different agency.
§ 103. Transfer of records of the division of veterans' services. Upon
the transfer pursuant to this act of the functions and powers possessed
by and all of the obligations and duties of the division of veterans'
services, as established pursuant to article 17 of the executive law and
other laws, to the department of veterans' services as prescribed by
this act, all books, papers, records and property pertaining to the
division of veterans' services shall be transferred to and maintained by
the department of veterans' services.
§ 104. Completion of unfinished business of the division of veterans'
services. Upon the transfer pursuant to this act of the functions and
powers possessed by and all of the obligations and duties of the divi-
sion of veterans' services, as established pursuant to article 17 of the
executive law and other laws, to the department of veterans' services as
prescribed by this act, any business or other matter undertaken or
commenced by the division of veterans' services pertaining to or
connected with the functions, powers, obligations and duties so trans-
ferred and assigned to the department of veterans' services, may be
conducted or completed by the department of veterans' services.
§ 105. Terms occurring in laws, contracts or other documents of or
pertaining to the division of veterans' services. Upon the transfer
pursuant to this act of the functions and powers possessed by and all of
the obligations and duties of the division of veterans' services, as
established pursuant to article 17 of the executive law and other laws,
as prescribed by this act, whenever the division of veterans' services
and the commissioner thereof, the functions, powers, obligations and
duties of which are transferred to the department of veterans' services,
are referred to or designated in any law, regulation, contract or docu-
ment pertaining to the functions, powers, obligations and duties trans-
ferred and assigned pursuant to this act, such reference or designation
shall be deemed to refer to the department of veterans' services and its
commissioner.
S. 8006--C 150 A. 9006--C
§ 106. (a) Wherever the term "division of veterans' services" appears
in the consolidated or unconsolidated laws of this state, such term is
hereby changed to "department of veterans' services".
(b) The legislative bill drafting commission is hereby directed to
effectuate this provision, and shall be guided by a memorandum of
instruction setting forth the specific provisions of law to be amended.
Such memorandum shall be transmitted to the legislative bill drafting
commission within sixty days of enactment of this provision. Such memo-
randum shall be issued jointly by the governor, the temporary president
of the senate and the speaker of the assembly, or by the delegate of
each.
§ 107. Existing rights and remedies of or pertaining to the division
of veterans' services. Upon the transfer pursuant to this act of the
functions and powers possessed by and all of the obligations and duties
of the division of veterans' services, as established pursuant to arti-
cle 17 of the executive law and other laws, to the department of veter-
ans' services as prescribed by this act, no existing right or remedy of
the state, including the division of veterans' services, shall be lost,
impaired or affected by reason of this act.
§ 108. Pending actions and proceedings of or pertaining to the divi-
sion of veterans' services. Upon the transfer pursuant to this act of
the functions and powers possessed by and all of the obligations and
duties of the division of veterans' services, as established pursuant to
article 17 of the executive law and other laws, to the department of
veterans' services as prescribed by this act, no action or proceeding
pending on the effective date of this act, brought by or against the
division of veterans' services or the commissioner thereof shall be
affected by any provision of this act, but the same may be prosecuted or
defended in the name of the New York state department of veterans'
services. In all such actions and proceedings, the New York state
department of veterans' services, upon application to the court, shall
be substituted as a party.
§ 109. Continuation of rules and regulations of or pertaining to the
division of veterans' services. Upon the transfer pursuant to this act
of the functions and powers possessed by and all the obligations and
duties of the division of veterans' services, as established pursuant to
article 17 of the executive law and other laws, to the department of
veterans' services as prescribed by this act, all rules, regulations,
acts, orders, determinations, decisions, licenses, registrations and
charters of the division of veterans' services, pertaining to the func-
tions transferred and assigned by this act to the department of veter-
ans' services, in force at the time of such transfer, assignment,
assumption or devolution shall continue in force and effect as rules,
regulations, acts, determinations and decisions of the department of
veterans' services until duly modified or repealed.
§ 110. Transfer of appropriations heretofore made to the division of
veterans' services. Upon the transfer pursuant to this act of the func-
tions and powers possessed by and all of the obligations and duties of
the division of veterans' services, as established pursuant to article
17 of the executive law and other laws, to the department of veterans'
services as prescribed by this act, all appropriations and reappropri-
ations which shall have been made available as of the date of such
transfer to the division of veterans' services or segregated pursuant to
law, to the extent of remaining unexpended or unencumbered balances
thereof, whether allocated or unallocated and whether obligated or unob-
ligated, shall be transferred to and made available for use and expendi-
S. 8006--C 151 A. 9006--C
ture by the department of veterans' services and shall be payable on
vouchers certified or approved by the commissioner of taxation and
finance, on audit and warrant of the comptroller. Payments of liabil-
ities for expenses of personnel services, maintenance and operation
which shall have been incurred as of the date of such transfer by the
division of veterans' services, and for liabilities incurred and to be
incurred in completing its affairs shall also be made on vouchers certi-
fied or approved by the commissioner of veterans' services, on audit and
warrant of the comptroller.
§ 111. Transfer of employees. Upon the transfer pursuant to this act
of the functions and powers possessed by and all of the division of
veterans' services, as established pursuant to article 17 of the execu-
tive law and other laws, to the department of veterans' services as
prescribed by this act, provision shall be made for the transfer of all
employees from the division of veterans' services into the department of
veterans' services. Employees so transferred shall be transferred with-
out further examination or qualification to the same or similar titles
and shall remain in the same collective bargaining units and shall
retain their respective civil service classifications, status and rights
pursuant to their collective bargaining units and collective bargaining
agreements.
§ 112. 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 invalidate
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.
§ 113. This act shall take effect April 1, 2023; provided, however,
that the amendments to subdivision (l) of section 7.09 of the mental
hygiene law made by section fifteen of this act shall not affect the
repeal of such subdivision and shall be deemed repealed therewith; and
provided further that the amendments to paragraph j of subdivision 1 and
subdivisions 6 and 6-d of section 163 of the state finance law made by
section twenty-eight of this act shall not affect the repeal of such
section and shall be deemed to be repealed therewith; and provided
further that the amendments to paragraph 5 of subdivision (b) of section
5.06 of the mental hygiene law made by section fourteen-a of this act
shall take effect on the same date and in the same manner as section 2
of chapter 4 of the laws of 2022, takes effect; and provided further
that the amendments to subdivision 3 of section 103-a of the state tech-
nology law made by section thirty-one of this act shall not affect the
repeal of such section and shall be deemed to be repealed therewith.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made on or before such date.
PART QQ
Section 1. This act shall be known and may be cited as the "ethics
commission reform act of 2022".
§ 2. Section 94 of the executive law is REPEALED and a new section 94
is added to read as follows:
§ 94. COMMISSION ON ETHICS AND LOBBYING IN GOVERNMENT. 1. (A)
COMMISSION ESTABLISHED. THERE IS HEREBY ESTABLISHED WITHIN THE DEPART-
MENT OF STATE, A COMMISSION ON ETHICS AND LOBBYING IN GOVERNMENT, AN
AGENCY RESPONSIBLE FOR ADMINISTERING, ENFORCING, AND INTERPRETING NEW
S. 8006--C 152 A. 9006--C
YORK STATE'S ETHICS AND LOBBYING LAWS. THE COMMISSION SHALL HAVE AND
EXERCISE THE POWERS AND DUTIES SET FORTH IN THIS SECTION WITH RESPECT TO
STATEWIDE ELECTED OFFICIALS, MEMBERS OF THE LEGISLATURE AND EMPLOYEES OF
THE LEGISLATURE, AND STATE OFFICERS AND EMPLOYEES AS DEFINED IN SECTIONS
SEVENTY-THREE, SEVENTY-THREE-A, AND SEVENTY-FOUR OF THE PUBLIC OFFICERS
LAW, CANDIDATES FOR STATEWIDE ELECTED OFFICE AND FOR THE SENATE OR
ASSEMBLY, AND THE POLITICAL PARTY CHAIR AS IS DEFINED IN SECTION SEVEN-
TY-THREE OF THE PUBLIC OFFICERS LAW, LOBBYISTS AND THE CLIENTS OF LOBBY-
ISTS AS DEFINED IN SECTION ONE-C OF THE LEGISLATIVE LAW, AND INDIVIDUALS
WHO HAVE FORMERLY HELD SUCH POSITIONS, WERE LOBBYISTS OR CLIENTS OF
LOBBYISTS AS DEFINED IN SECTION ONE-C OF THE LEGISLATIVE LAW, OR WHO
HAVE FORMERLY BEEN SUCH CANDIDATES.
(B) THE COMMISSION SHALL PROVIDE FOR THE TRANSFER, ASSUMPTION OR OTHER
DISPOSITION OF THE RECORDS, PROPERTY, AND PERSONNEL AFFECTED BY THIS
SECTION, AND IT IS FURTHER PROVIDED, SHOULD ANY EMPLOYEES BE TRANSFERRED
FROM THE JOINT COMMISSION ON PUBLIC ETHICS ("JCOPE"), THE PREDECESSOR
ETHICS AGENCY, TO THE COMMISSION, THAT SUCH TRANSFER WILL BE WITHOUT
FURTHER EXAMINATION OR QUALIFICATION AND SUCH EMPLOYEES SHALL RETAIN
THEIR RESPECTIVE CIVIL SERVICE CLASSIFICATIONS, STATUS AND COLLECTIVE
BARGAINING AGREEMENTS.
(C) THE COMMISSION SHALL REVIEW ANY PENDING INQUIRIES OR MATTERS
AFFECTED BY THIS SECTION AND SHALL ESTABLISH POLICIES TO ADDRESS THEM.
(D) THE COMMISSION SHALL UNDERTAKE A COMPREHENSIVE REVIEW OF ALL REGU-
LATIONS IN EFFECT UPON THE EFFECTIVE DATE OF THIS SECTION; AND REVIEW OF
ALL ADVISORY OPINIONS OF PREDECESSOR ETHICS AGENCIES, INCLUDING JCOPE,
THE LEGISLATIVE ETHICS COMMISSION, THE COMMISSION ON PUBLIC INTEGRITY,
THE STATE ETHICS COMMISSION, AND THE TEMPORARY LOBBYING COMMISSION,
WHICH WILL ADDRESS THE CONSISTENCY OF SUCH REGULATIONS AND ADVISORY
OPINIONS AMONG EACH OTHER AND WITH THE NEW STATUTORY LANGUAGE, AND OF
THE EFFECTIVENESS OF THE EXISTING LAWS, REGULATIONS, GUIDANCE AND ETHICS
ENFORCEMENT STRUCTURE.
(E) THIS SECTION SHALL NOT BE DEEMED TO HAVE REVOKED OR RESCINDED ANY
REGULATIONS OR ADVISORY OPINIONS IN EFFECT ON THE EFFECTIVE DATE OF THIS
SECTION THAT WERE ISSUED BY PREDECESSOR ETHICS AND LOBBYING BODIES. THE
COMMISSION SHALL COOPERATE, CONSULT, AND COORDINATE WITH THE LEGISLATIVE
ETHICS COMMISSION, TO THE EXTENT POSSIBLE, TO ADMINISTER AND ENFORCE THE
LAWS UNDER ITS JURISDICTION.
(F) THE ANNUAL BUDGET SUBMITTED BY THE GOVERNOR SHALL SEPARATELY STATE
THE RECOMMENDED APPROPRIATIONS FOR THE COMMISSION ON ETHICS AND LOBBYING
IN GOVERNMENT. UPON ENACTMENT, THESE SEPARATELY STATED APPROPRIATIONS
FOR THE COMMISSION ON ETHICS AND LOBBYING IN GOVERNMENT SHALL NOT BE
DECREASED BY INTERCHANGE WITH ANY OTHER APPROPRIATION, NOTWITHSTANDING
SECTION FIFTY-ONE OF THE STATE FINANCE LAW.
2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "COMMISSION" MEANS THE COMMISSION ON ETHICS AND LOBBYING IN
GOVERNMENT ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
(B) "SELECTION MEMBERS" MEANS THE GOVERNOR, SPEAKER OF THE ASSEMBLY,
TEMPORARY PRESIDENT OF THE SENATE, MINORITY LEADER OF THE SENATE, MINOR-
ITY LEADER OF THE ASSEMBLY, COMPTROLLER, AND THE ATTORNEY GENERAL.
(C) "INDEPENDENT REVIEW COMMITTEE" MEANS THE COMMITTEE OF THE AMERI-
CAN BAR ASSOCIATION ACCREDITED NEW YORK STATE LAW SCHOOL DEANS OR INTER-
IM DEANS, OR THEIR DESIGNEE WHO IS AN ASSOCIATE DEAN OF THEIR RESPECTIVE
LAW SCHOOL, TASKED WITH REVIEWING, APPROVING, OR DENYING THE MEMBERS OF
THE COMMISSION AS NOMINATED BY THE SELECTION MEMBERS AND OTHER TASKS
PURSUANT TO THIS SECTION.
S. 8006--C 153 A. 9006--C
(D) "RESPONDENT" MEANS THE INDIVIDUAL OR INDIVIDUALS OR ORGANIZATION
OR ORGANIZATIONS SUBJECT TO AN INQUIRY, INVESTIGATION, OR ENFORCEMENT
ACTION.
(E) "VICTIM" MEANS ANY INDIVIDUAL THAT HAS SUFFERED OR ALLEGED TO HAVE
SUFFERED DIRECT HARM FROM ANY VIOLATION OF LAW THAT IS SUBJECT TO INVES-
TIGATION UNDER THE JURISDICTION OF THE COMMISSION.
3. NOMINATION AND APPOINTMENT OF THE COMMISSION. (A) THE COMMISSION
SHALL CONSIST OF ELEVEN MEMBERS, TO BE NOMINATED BY THE SELECTION
MEMBERS AS FOLLOWS: THREE MEMBERS BY THE GOVERNOR; TWO MEMBERS BY THE
TEMPORARY PRESIDENT OF THE SENATE; ONE MEMBER BY THE MINORITY LEADER OF
THE SENATE; TWO MEMBERS BY THE SPEAKER OF THE ASSEMBLY; ONE MEMBER BY
THE MINORITY LEADER OF THE ASSEMBLY; ONE MEMBER BY THE ATTORNEY GENERAL;
AND ONE MEMBER BY THE COMPTROLLER.
(B) THE INDEPENDENT REVIEW COMMITTEE SHALL WITHIN THIRTY DAYS REVIEW
THE QUALIFICATIONS OF THE NOMINATED CANDIDATES AND APPROVE OR DENY EACH
CANDIDATE NOMINATED BY THEIR RESPECTIVE SELECTION MEMBER.
(C) THE INDEPENDENT REVIEW COMMITTEE SHALL PUBLISH ON ITS WEBSITE A
PROCEDURE BY WHICH IT WILL REVIEW THE QUALIFICATIONS OF THE NOMINATED
CANDIDATE AND APPROVE OR DENY EACH CANDIDATE.
(D) THOSE CANDIDATES THAT THE INDEPENDENT REVIEW COMMITTEE DEEMS TO
MEET THE QUALIFICATIONS NECESSARY FOR THE SERVICES REQUIRED BASED ON
THEIR BACKGROUND AND EXPERTISE THAT RELATE TO THE CANDIDATE'S POTENTIAL
SERVICE ON THE COMMISSION SHALL BE APPOINTED AS A COMMISSION MEMBER. THE
NOMINATING SELECTION MEMBER SHALL NOMINATE A NEW CANDIDATE FOR THOSE
THAT ARE DENIED BY THE INDEPENDENT REVIEW COMMITTEE.
(E) NO INDIVIDUAL SHALL BE ELIGIBLE FOR NOMINATION AND APPOINTMENT AS
A MEMBER OF THE COMMISSION WHO IS CURRENTLY, OR HAS WITHIN THE LAST TWO
YEARS:
(I) BEEN REGISTERED AS A LOBBYIST IN NEW YORK STATE;
(II) BEEN A MEMBER OR EMPLOYEE OF THE NEW YORK STATE LEGISLATURE, A
STATEWIDE ELECTED OFFICIAL, OR A COMMISSIONER OF AN EXECUTIVE AGENCY
APPOINTED BY THE GOVERNOR;
(III) BEEN A POLITICAL PARTY CHAIR, AS DEFINED IN SECTION SEVENTY-
THREE OF THE PUBLIC OFFICERS LAW; OR
(IV) BEEN A STATE OFFICER OR EMPLOYEE AS DEFINED IN SECTION SEVENTY-
THREE OF THE PUBLIC OFFICERS LAW.
(F) THE INDEPENDENT REVIEW COMMITTEE SHALL CONVENE AS NEEDED OR AS
REQUESTED BY THE SELECTION MEMBERS. THE CHAIR OF THE INDEPENDENT REVIEW
COMMITTEE SHALL BE ELECTED FROM THE MEMBERS OF THE INDEPENDENT REVIEW
COMMITTEE.
(G) APPROPRIATE STAFFING AND OTHER RESOURCES SHALL BE PROVIDED FOR IN
THE COMMISSION'S BUDGET FOR THE INDEPENDENT REVIEW COMMITTEE TO CARRY
OUT ITS POWERS, FUNCTIONS, AND DUTIES. THE INDEPENDENT REVIEW COMMITTEE
SHALL PUBLISH ON THE COMMISSION'S WEBSITE A PROCEDURE BY WHICH IT WILL
REVIEW AND SELECT THE COMMISSION MEMBERS AND OTHER PROCESSES TO EFFECTU-
ATE ITS RESPONSIBILITIES UNDER THIS SECTION.
(H) THE MAJORITY OF THE INDEPENDENT REVIEW COMMITTEE SHALL CONSTITUTE
A QUORUM TO HOLD A MEETING AND CONDUCT OFFICIAL BUSINESS.
(I) DURING THE PENDENCY OF THE REVIEW AND APPROVAL OR DENIAL OF THE
CANDIDATES, THE INDEPENDENT REVIEW COMMITTEE SHALL BE SUBJECT TO AND
MAINTAIN CONFIDENTIALITY IN ALL INDEPENDENT REVIEW COMMITTEE PROCESSES,
REVIEWS, ANALYSES, APPROVALS, AND DENIALS. A MEMBER OF THE INDEPENDENT
REVIEW COMMITTEE MAY BE REMOVED BY MAJORITY VOTE OF THE COMMITTEE FOR
SUBSTANTIAL NEGLECT OF DUTY, MISCONDUCT, VIOLATION OF THE CONFIDENTIALI-
TY RESTRICTIONS SET FORTH IN THIS SECTION, INABILITY TO DISCHARGE THE
S. 8006--C 154 A. 9006--C
POWERS OR DUTIES OF THE COMMITTEE OR VIOLATION OF THIS SECTION, AFTER
WRITTEN NOTICE AND OPPORTUNITY FOR A REPLY.
(J) UPON THE RECEIPT OF THE SELECTION MEMBERS' APPOINTMENTS, MEMBERS
OF THE INDEPENDENT REVIEW COMMITTEE SHALL DISCLOSE TO THE INDEPENDENT
REVIEW COMMITTEE ANY PERSONAL, PROFESSIONAL, FINANCIAL, OR OTHER DIRECT
OR INDIRECT RELATIONSHIPS A MEMBER OF THE INDEPENDENT REVIEW COMMITTEE
MAY HAVE WITH AN APPOINTEE. IF THE INDEPENDENT REVIEW COMMITTEE DETER-
MINES A CONFLICT OF INTEREST EXISTS, SUCH INDEPENDENT REVIEW COMMITTEE
MEMBER SHALL, IN WRITING, NOTIFY THE OTHER MEMBERS OF THE INDEPENDENT
REVIEW COMMITTEE OF THE POSSIBLE CONFLICT. THE MEMBER MAY RECUSE THEM-
SELF FROM ALL SUBSEQUENT INVOLVEMENT IN THE CONSIDERATION OF AND ACTION
UPON THE APPOINTMENT. IF, AFTER DISCLOSURE, THE MEMBER DOES NOT RECUSE
THEMSELF FROM THE MATTER, THE INDEPENDENT REVIEW COMMITTEE, BY MAJORITY
VOTE FINDING THE DISCLOSED INFORMATION CREATES A SUBSTANTIAL CONFLICT OF
INTEREST, MAY REMOVE THE CONFLICTED MEMBER FROM FURTHER CONSIDERATION OF
AND ACTION UPON THE APPOINTMENT.
(K) NOTWITHSTANDING THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC
OFFICERS LAW, NO MEETING OR PROCEEDING OF THE INDEPENDENT REVIEW COMMIT-
TEE SHALL BE OPEN TO THE PUBLIC, EXCEPT THE APPLICABLE RECORDS PERTAIN-
ING TO THE REVIEW AND SELECTION PROCESS FOR A MEMBER'S SEAT SHALL BE
SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW
ONLY AFTER AN INDIVIDUAL MEMBER IS APPOINTED TO THE COMMISSION.
REQUESTS FOR SUCH RECORDS SHALL BE MADE TO, AND PROCESSED BY, THE
COMMISSION'S RECORDS ACCESS OFFICER.
(L) THE INDEPENDENT REVIEW COMMITTEE SHALL NEITHER BE PUBLIC OFFICERS
NOR BE SUBJECT TO THE REQUIREMENTS OF THE PUBLIC OFFICERS LAW.
(M) NOTWITHSTANDING SUBDIVISION (L) OF THIS SECTION, THE INDEPENDENT
REVIEW COMMITTEE MEMBERS SHALL BE ENTITLED TO REPRESENTATION, INDEMNIFI-
CATION, AND TO BE HELD HARMLESS TO THE SAME EXTENT AS ANY OTHER PERSON
EMPLOYED IN SERVICE OF THE STATE AND ENTITLED TO SUCH COVERAGE UNDER
SECTIONS SEVENTEEN AND NINETEEN OF THE PUBLIC OFFICERS LAW, PROVIDED
HOWEVER, THAT ANY INDEPENDENT REVIEW COMMITTEE MEMBER REMOVED DUE TO A
VIOLATION OF PARAGRAPH (I) OF THIS SUBDIVISION SHALL NOT QUALIFY FOR
SUCH ENTITLEMENTS.
4. COMMISSION. (A) THE FIRST CLASS OF MEMBERS OF THE COMMISSION SHALL
SERVE STAGGERED TERMS TO ENSURE CONTINUITY. FOR THE FIRST CLASS OF THE
COMMISSION, FIVE MEMBERS SHALL SERVE A TERM OF FOUR YEARS, THREE
MEMBERS SHALL SERVE A TERM OF TWO YEARS, AND ONE MEMBER SHALL SERVE A
TERM OF ONE YEAR. ALL SUBSEQUENT MEMBERS SHALL SERVE A TERM OF FOUR
YEARS. NO MEMBER SHALL BE SELECTED TO THE COMMISSION FOR MORE
THAN TWO FULL CONSECUTIVE TERMS, EXCEPT THAT A MEMBER WHO HAS HELD THE
POSITION BY FILLING A VACANCY CAN ONLY BE SELECTED TO THE COMMISSION
FOR AN ADDITIONAL TWO FULL CONSECUTIVE TERMS.
(B) THE COMMISSION BY MAJORITY VOTE SHALL ELECT A CHAIRPERSON FROM
AMONG ITS MEMBERS FOR A TERM OF TWO YEARS. A CHAIRPERSON MAY BE ELECTED
TO NO MORE THAN TWO TERMS FOR SUCH OFFICE.
(C) MEMBERS OF THE COMMISSION MAY BE REMOVED BY MAJORITY VOTE OF THE
COMMISSION FOR SUBSTANTIAL NEGLECT OF DUTY, MISCONDUCT IN OFFICE,
VIOLATION OF THE CONFIDENTIALITY RESTRICTIONS SET FORTH IN THIS
SECTION, INABILITY TO DISCHARGE THE POWERS OR DUTIES OF OFFICE OR
VIOLATION OF THIS SECTION, AFTER WRITTEN NOTICE AND OPPORTUNITY FOR A
REPLY.
(D) ANY VACANCY OCCURRING ON THE COMMISSION SHALL BE FILLED WITHIN
THIRTY DAYS OF ITS OCCURRENCE IN THE SAME MANNER AS A MEMBER IS INITIAL-
LY SELECTED TO COMPLETE THE VACANT TERM.
S. 8006--C 155 A. 9006--C
(E) DURING THE PERIOD OF A MEMBER'S SERVICE AS A MEMBER OF THE COMMIS-
SION, THE MEMBER SHALL REFRAIN FROM MAKING, OR SOLICITING FROM OTHER
PERSONS, ANY CONTRIBUTIONS TO CANDIDATES, POLITICAL ACTION COMMITTEES,
POLITICAL PARTIES OR COMMITTEES, NEWSLETTER FUNDS, OR POLITICAL ADVER-
TISEMENTS FOR ELECTION TO THE OFFICES OF GOVERNOR, LIEUTENANT GOVER-
NOR, MEMBER OF THE ASSEMBLY OR THE SENATE, ATTORNEY GENERAL OR STATE
COMPTROLLER.
(F) MEMBERS OF THE COMMISSION SHALL RECEIVE A PER DIEM ALLOWANCE EQUAL
TO THE SALARY OF A JUSTICE OF THE SUPREME COURT DIVIDED BY TWO HUNDRED
TWENTY FOR EACH DAY OR EACH PRO-RATED DAY ACTUALLY SPENT IN THE PERFORM-
ANCE OF THE MEMBER'S DUTIES UNDER THIS SECTION, AND, IN ADDITION THERE-
TO, SHALL BE REIMBURSED FOR ALL REASONABLE EXPENSES ACTUALLY AND NECES-
SARILY INCURRED BY THE MEMBER IN THE PERFORMANCE OF THE MEMBER'S DUTIES
UNDER THIS SECTION. FOR THE PURPOSES OF THIS SUBDIVISION, A DAY SHALL
CONSIST OF AT LEAST SEVEN AND ONE-HALF HOURS SPENT IN THE PERFORMANCE OF
THE MEMBER'S DUTIES UNDER THIS SECTION.
(G) THE COMMISSION SHALL MEET AT LEAST QUARTERLY AND ADDITIONALLY AS
CALLED BY THE CHAIRPERSON, OR UPON THE CALL OF A MAJORITY OF THE MEMBERS
OF THE COMMISSION. THE COMMISSION SHALL BE SUBJECT TO ARTICLES SIX AND
SEVEN OF THE PUBLIC OFFICERS LAW.
(H) A MAJORITY OF THE MEMBERS OF THE COMMISSION SHALL CONSTITUTE A
QUORUM, AND THE COMMISSION SHALL HAVE THE POWER TO ACT BY MAJORITY VOTE
OF THE TOTAL NUMBER OF MEMBERS OF THE COMMISSION WITHOUT VACANCY.
(I) THE COMMISSION SHALL HOLD A PUBLIC HEARING AT LEAST ONCE EACH
CALENDAR YEAR TO TAKE TESTIMONY REGARDING THE OPERATION OF THE
COMMISSION AND SOLICIT PUBLIC INPUT REGARDING POTENTIAL OR PROPOSED
CHANGES IN THE LAWS UNDER ITS JURISDICTION.
5. POWERS. (A) THE COMMISSION HAS THE AUTHORITY TO: (I) ADOPT, AMEND,
AND RESCIND ANY RULES AND REGULATIONS PERTAINING TO SECTION SEVENTY-
THREE, SEVENTY-THREE-A OR SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW,
ARTICLE ONE-A OF THE LEGISLATIVE LAW, OR SECTION ONE HUNDRED SEVEN OF
THE CIVIL SERVICE LAW; (II) ADOPT, AMEND, AND RESCIND ANY PROCEDURES OF
THE COMMISSION, INCLUDING BUT NOT LIMITED TO, PROCEDURES FOR ADVICE AND
GUIDANCE, TRAINING, FILING, REVIEW, AND ENFORCEMENT OF FINANCIAL DISCLO-
SURE STATEMENTS, INVESTIGATIONS, ENFORCEMENT, AND DUE PROCESS HEARINGS;
AND (III) DEVELOP AND PROMULGATE ANY PROGRAMS FOR REVIEWS, TRAINING, AND
GUIDANCE TO CARRY OUT THE COMMISSION'S MISSION.
(B) THE COMMISSION SHALL ADOPT AND POST ON ITS WEBSITE GUIDANCE DOCU-
MENTS DETAILING THE PROCESSES AND PROCEDURES OF AN INVESTIGATION,
INCLUDING THE STAGES OF AN INVESTIGATION; TIMELINES, INCLUDING THE
REASONS FOR ANY POTENTIAL DELAYS IN AN INVESTIGATION; THE HEARING AND
ADJUDICATION PROCESS; OUTCOMES OF AN INVESTIGATION; AND, ANYTHING ELSE
THE COMMISSION DEEMS NECESSARY TO INFORM THE PUBLIC AS WELL AS RELEVANT
PARTIES TO AN INVESTIGATION INCLUDING COMPLAINANTS, RESPONDENTS,
VICTIMS, IF ANY, AND WITNESSES AS TO SUCH PROCESSES AND PROCEDURES. THE
GUIDANCE DOCUMENTS SHALL DELINEATE THE PROCESSES AND PROCEDURES THAT
APPLY TO THE RELEVANT PARTIES, INCLUDING, WHERE APPLICABLE, THE DUE
PROCESS AND ANY OTHER RIGHTS OR REMEDIES THAT THE RELEVANT PARTY MAY
HAVE UNDER THE COMMISSION'S PROCEDURES OR ANY OTHER AREA OF LAW. THE
GUIDANCE DOCUMENTS SHALL BE PROVIDED TO THE RELEVANT PARTY OF AN INVES-
TIGATION UPON SUCH PARTY'S INVOLVEMENT IN SUCH INVESTIGATION.
(C) THE COMMISSION HAS THE AUTHORITY TO COMPEL THE TESTIMONY OF
WITNESSES, AND MAY ADMINISTER OATHS OR AFFIRMATIONS, SUBPOENA WITNESSES,
COMPEL THEIR ATTENDANCE AND REQUIRE THE PRODUCTION OF ANY BOOKS OR
RECORDS WHICH IT MAY DEEM RELEVANT OR MATERIAL.
6. EXECUTIVE DIRECTOR AND COMMISSION STAFF. THE COMMISSION SHALL:
S. 8006--C 156 A. 9006--C
(A) (I) APPOINT AN EXECUTIVE DIRECTOR THROUGH A MAJORITY VOTE OF THE
MEMBERS OF THE COMMISSION, WHO SHALL ACT IN ACCORDANCE WITH THE POLICIES
OF THE COMMISSION. THE EXECUTIVE DIRECTOR SHALL BE APPOINTED WITHOUT
REGARD TO POLITICAL AFFILIATION AND SOLELY ON THE BASIS OF FITNESS TO
PERFORM THE DUTIES ASSIGNED BY THIS SECTION, AND MEET THE QUALIFICATIONS
NECESSARY FOR THE SERVICES REQUIRED BASED ON THEIR BACKGROUND AND EXPER-
TISE THAT RELATE TO THE CANDIDATE'S POTENTIAL SERVICE TO THE COMMISSION.
NO INDIVIDUAL SHALL BE ELIGIBLE TO BE APPOINTED AS AN EXECUTIVE DIRECTOR
IF THE INDIVIDUAL IS CURRENTLY, OR WITHIN THE LAST TWO YEARS HAS BEEN:
(1) REGISTERED AS A LOBBYIST IN NEW YORK STATE;
(2) A MEMBER OR EMPLOYEE OF THE NEW YORK STATE LEGISLATURE OR A STATE-
WIDE ELECTED OFFICIAL, OR A COMMISSIONER OF AN EXECUTIVE AGENCY
APPOINTED BY THE GOVERNOR; OR
(3) A POLITICAL PARTY CHAIR, AS DEFINED IN SECTION SEVENTY-THREE OF
THE PUBLIC OFFICERS LAW.
(II) THE APPOINTMENT AND REMOVAL OF THE EXECUTIVE DIRECTOR SHALL BE
MADE BY A MAJORITY VOTE OF THE COMMISSION.
(III) THE TERM OF OFFICE OF THE EXECUTIVE DIRECTOR SHALL BE FOUR YEARS
FROM THE DATE OF APPOINTMENT. THE SALARY OF THE EXECUTIVE DIRECTOR SHALL
BE DETERMINED BY THE MEMBERS OF THE COMMISSION BASED ON EXPERIENCE.
(IV) THE COMMISSION MAY REMOVE THE EXECUTIVE DIRECTOR FOR NEGLECT OF
DUTY, MISCONDUCT IN OFFICE, VIOLATION OF THE CONFIDENTIALITY
RESTRICTIONS IN THIS SECTION, OR INABILITY OR FAILURE TO DISCHARGE THE
POWERS OR DUTIES OF OFFICE, INCLUDING THE FAILURE TO FOLLOW THE LAWFUL
INSTRUCTIONS OF THE COMMISSION.
(B) THE COMMISSION MAY DELEGATE AUTHORITY TO THE EXECUTIVE DIRECTOR TO
ACT IN THE NAME OF THE COMMISSION BETWEEN MEETINGS OF THE COMMISSION
PROVIDED SUCH DELEGATION IS IN WRITING, THE SPECIFIC POWERS TO BE DELEG-
ATED ARE ENUMERATED, AND THE COMMISSION SHALL NOT DELEGATE ANY DECISIONS
SPECIFIED IN THIS SECTION THAT REQUIRE A VOTE OF THE COMMISSION.
(C) THE COMMISSION, THROUGH THE EXECUTIVE DIRECTOR, SHALL ESTABLISH
UNITS WITHIN THE COMMISSION TO CARRY OUT IT DUTIES, INCLUDING, BUT NOT
LIMITED TO, (I) AN ADVICE AND GUIDANCE UNIT, (II) A TRAINING UNIT, (III)
A FINANCIAL DISCLOSURE UNIT, (IV) A LOBBYING UNIT, AND (V) AN INVESTI-
GATIONS AND ENFORCEMENT UNIT.
(D) THE COMMISSION, THROUGH THE EXECUTIVE DIRECTOR, SHALL APPOINT SUCH
OTHER STAFF AS ARE NECESSARY TO CARRY OUT ITS DUTIES UNDER THIS SECTION,
INCLUDING, BUT NOT LIMITED TO, A DEPUTY DIRECTOR OF AN ADVICE AND GUID-
ANCE UNIT TO PROVIDE TIMELY CONFIDENTIAL ADVICE TO PERSONS SUBJECT TO
THE COMMISSION'S JURISDICTION, A DEPUTY DIRECTOR FOR TRAINING, A DEPUTY
DIRECTOR FOR INVESTIGATIONS AND ENFORCEMENT, AND A DEPUTY DIRECTOR FOR
LOBBYING.
(E) IN ADDITION TO MEETING THE QUALIFICATIONS NECESSARY FOR THE
SERVICES REQUIRED FOR THE POSITION, THE DEPUTY DIRECTOR FOR INVESTI-
GATIONS AND ENFORCEMENT SHALL HAVE COMPLETED SUBSTANTIAL TRAINING AND
HAVE EXPERIENCE IN TRAUMA-INFORMED APPROACHES TO INVESTIGATIONS AND
ENFORCEMENT. THE DEPUTY DIRECTOR FOR INVESTIGATIONS AND ENFORCEMENT
SHALL COMPLETE A MINIMUM OF FOUR HOURS OF TRAINING ANNUALLY IN TRAUMA-
INFORMED APPROACHES TO INVESTIGATIONS AND ENFORCEMENT. SUCH TRAININGS
MAY INCLUDE, BUT NOT BE LIMITED TO, THE IMPACT OF TRAUMA, FIRST
IMPRESSION MATTERS, VICTIM INTERVIEWS, INVESTIGATIVE STRATEGIES, AND
ALCOHOL AND DRUG FACILITATED CASES.
(F) THE COMMISSION, THROUGH THE EXECUTIVE DIRECTOR, SHALL REVIEW AND
APPROVE A STAFFING PLAN PROVIDED AND PREPARED BY THE EXECUTIVE DIRECTOR
WHICH SHALL CONTAIN, AT A MINIMUM, A LIST OF THE VARIOUS UNITS AND DIVI-
SIONS AS WELL AS THE NUMBER OF POSITIONS IN EACH UNIT, TITLES AND THEIR
S. 8006--C 157 A. 9006--C
DUTIES, AND SALARIES, AS WELL AS THE VARIOUS QUALIFICATIONS FOR EACH
POSITION.
7. ADVICE AND GUIDANCE. (A) THE COMMISSION SHALL ESTABLISH A UNIT OR
UNITS SOLELY FOR ETHICS AND LOBBYING GUIDANCE, AND GIVE SUCH PROMPT,
INFORMAL ADVICE TO PERSONS WHOSE CONDUCT IT OVERSEES, EXCEPT WITH
RESPECT TO MEMBERS OF THE LEGISLATURE AND LEGISLATIVE STAFF, WHO SHALL
SEEK ADVICE FROM THE LEGISLATIVE ETHICS COMMISSION IN THE FIRST
INSTANCE.
(B) PERSONS RECEIVING SUCH INFORMAL ADVICE MAY RELY ON THAT ADVICE
ABSENT MISREPRESENTATION OR OMISSION OF MATERIAL FACTS TO THE COMMISSION
AND SUCH COMMUNICATIONS WITH THE COMMISSION SHALL BE TREATED AS CONFI-
DENTIAL, EXCEPT AS DISCLOSURE IS NEEDED TO PREVENT OR RECTIFY A
CRIME OR FRAUD, OR PREVENT A SUBSTANTIAL THREAT TO PUBLIC HEALTH OR
SAFETY OR IF REQUIRED BY COURT ORDER.
(C) THE COMMISSION MAY ALSO RENDER, ON WRITTEN REQUEST OR ON ITS OWN
INITIATIVE, ADVISORY OPINIONS, AND MAY ALLOW FOR PUBLIC COMMENT BEFORE
ISSUANCE OF AN ADVISORY OPINION. SUCH AN OPINION RENDERED BY THE
COMMISSION SHALL BE RELIED ON BY THOSE SUBJECT TO THE COMMISSION'S
JURISDICTION AND UNTIL, OR UNLESS, AMENDED, SUPERSEDED, OR REVOKED.
SUCH OPINION MAY ALSO BE RELIED UPON BY ANY SUCH PERSON, AND MAY BE
INTRODUCED AND SHALL BE A DEFENSE, IN ANY CRIMINAL OR CIVIL ACTION.
8. TRAINING. THE COMMISSION SHALL ESTABLISH A TRAINING UNIT AND SHALL
DEVELOP AND ADMINISTER AN ON-GOING PROGRAM FOR THE EDUCATION AND TRAIN-
ING IN ETHICS AND LOBBYING FOR THOSE SUBJECT TO THE PROVISIONS OF THIS
SECTION, AS FOLLOWS:
(A) THE COMMISSION SHALL DEVELOP AND ADMINISTER A COMPREHENSIVE AND
INTERACTIVE LIVE-IN PERSON OR LIVE-ONLINE ETHICS TRAINING COURSE AND
SHALL DESIGNATE AND TRAIN INSTRUCTORS TO CONDUCT SUCH TRAINING. SUCH
LIVE COURSE SHALL BE DESIGNED TO INCLUDE PRACTICAL APPLICATION OF THE
MATERIAL COVERED AND A QUESTION-AND-ANSWER PARTICIPATORY SEGMENT. UNLESS
THE COMMISSION GRANTS AN EXTENSION OR WAIVER FOR GOOD CAUSE SHOWN,
STATEWIDE ELECTED OFFICIALS, MEMBERS OF THE LEGISLATURE AND EMPLOYEES OF
THE LEGISLATURE, AND STATE OFFICERS AND EMPLOYEES AS DEFINED IN SECTIONS
SEVENTY-THREE, SEVENTY-THREE-A, AND SEVENTY-FOUR OF THE PUBLIC OFFICERS
LAW, AND THE POLITICAL PARTY CHAIR AS IS DEFINED IN SECTION SEVENTY-
THREE OF THE PUBLIC OFFICERS LAW, SHALL COMPLETE THE LIVE COURSE WITHIN
NINETY DAYS OF APPOINTMENT OR EMPLOYMENT AND SHALL COMPLETE THE LIVE
COURSE EVERY TWO YEARS SUBSEQUENTLY.
(B) THE COMMISSION SHALL DEVELOP AND ADMINISTER AN ONLINE ETHICS
REFRESHER COURSE FOR ALL INDIVIDUALS LISTED UNDER SUBPARAGRAPH (I) OF
THIS PARAGRAPH WHO HAVE PREVIOUSLY COMPLETED THE LIVE COURSE. SUCH
REFRESHER COURSE SHALL BE DESIGNED TO INCLUDE ANY CHANGES IN LAW, REGU-
LATION, OR POLICY OR IN THE INTERPRETATION THEREOF, AND PRACTICAL APPLI-
CATION OF THE MATERIAL COVERED. UNLESS THE COMMISSION GRANTS AN EXTEN-
SION OR WAIVER FOR GOOD CAUSE SHOWN, SUCH INDIVIDUALS SHALL TAKE SUCH
REFRESHER COURSE ONCE EVERY YEAR AFTER HAVING COMPLETED THE LIVE COURSE
UNDER PARAGRAPH (A) OF THIS SUBDIVISION.
(C) THE COMMISSION SHALL DEVELOP AND ADMINISTER AN ONLINE LIVE QUES-
TION AND ANSWER COURSE FOR AGENCY ETHICS OFFICERS.
(D) THE COMMISSION SHALL DEVELOP AND ADMINISTER TRAINING COURSES FOR
LOBBYISTS AND CLIENTS OF LOBBYISTS.
(E) THE PROVISIONS OF THIS SUBDIVISION SHALL BE APPLICABLE TO THE
LEGISLATURE EXCEPT TO THE EXTENT THAT AN ETHICS TRAINING PROGRAM IS
OTHERWISE ESTABLISHED BY THE ASSEMBLY AND/OR SENATE FOR THEIR RESPECTIVE
MEMBERS AND EMPLOYEES AND SUCH PROGRAM MEETS OR EXCEEDS EACH OF THE
REQUIREMENTS SET FORTH IN THIS SUBDIVISION.
S. 8006--C 158 A. 9006--C
(F) ON AN ANNUAL BASIS, THE COMMISSION, IN COORDINATION WITH THE
LEGISLATIVE ETHICS COMMISSION, SHALL DETERMINE THE STATUS OF COMPLIANCE
WITH THE TRAINING REQUIREMENTS UNDER THIS SUBDIVISION BY EACH STATE
AGENCY AND BY THE SENATE AND THE ASSEMBLY. SUCH DETERMINATION SHALL
INCLUDE AGGREGATE STATISTICS REGARDING PARTICIPATION IN SUCH TRAINING
AND SHALL BE REPORTED ON A QUARTERLY BASIS TO THE GOVERNOR AND THE
LEGISLATURE IN WRITING.
9. FINANCIAL DISCLOSURE STATEMENTS. (A) THE COMMISSION MAY DELEGATE
ALL OR PART OF REVIEW, INQUIRY AND ADVICE IN THIS SECTION TO THE STAFF
UNDER THE SUPERVISION OF THE EXECUTIVE DIRECTOR.
(B) THE COMMISSION SHALL MAKE AVAILABLE FORMS FOR ANNUAL STATEMENTS OF
FINANCIAL DISCLOSURE REQUIRED TO BE FILED PURSUANT TO SECTION SEVEN-
TY-THREE-A OF THE PUBLIC OFFICERS LAW.
(C) THE COMMISSION SHALL REVIEW THE FINANCIAL DISCLOSURE STATEMENTS OF
THE STATEWIDE ELECTED OFFICIALS AND MEMBERS OF THE LEGISLATURE WITHIN
SIXTY DAYS OF THEIR FILINGS TO DETERMINE, AMONG OTHER THINGS, DEFICIEN-
CIES AND CONFLICTS.
(D) THE COMMISSION SHALL REVIEW ON A RANDOM BASIS THE FINANCIAL
DISCLOSURE STATEMENTS FOR FILERS WHO ARE NOT STATEWIDE ELECTED OFFICIALS
AND MEMBERS OF THE LEGISLATURE.
(E) THE COMMISSION SHALL REVIEW FINANCIAL DISCLOSURE STATEMENTS FILED
IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AND (I) INQUIRE
INTO ANY DISCLOSED CONFLICT TO RECOMMEND HOW BEST TO ADDRESS SUCH
CONFLICT; AND
(II) ASCERTAIN WHETHER ANY PERSON SUBJECT TO THE REPORTING REQUIRE-
MENTS OF SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS LAW HAS FAILED
TO FILE SUCH A STATEMENT, HAS FILED A DEFICIENT STATEMENT OR HAS FILED A
STATEMENT WHICH REVEALS A POSSIBLE VIOLATION OF SECTION SEVENTY-THREE,
SEVENTY-THREE-A OR SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
(F) IF A PERSON REQUIRED TO FILE A FINANCIAL DISCLOSURE STATEMENT WITH
THE COMMISSION HAS FAILED TO FILE A DISCLOSURE STATEMENT OR HAS FILED A
DEFICIENT STATEMENT, THE COMMISSION SHALL NOTIFY THE REPORTING PERSON IN
WRITING, STATE THE FAILURE TO FILE OR DETAIL THE DEFICIENCY, PROVIDE THE
PERSON WITH A FIFTEEN-DAY PERIOD TO CURE THE DEFICIENCY, AND ADVISE THE
PERSON OF THE PENALTIES FOR FAILURE TO COMPLY WITH THE REPORTING
REQUIREMENTS. THIS FIRST NOTICE OF DEFICIENCY SHALL BE CONFIDENTIAL. IF
THE PERSON FAILS TO MAKE SUCH FILING OR FAILS TO CURE THE DEFICIENCY
WITHIN THE SPECIFIED TIME PERIOD, THE COMMISSION SHALL SEND A NOTICE OF
DELINQUENCY (I) TO THE REPORTING PERSON; (II) IN THE CASE OF A STATEWIDE
ELECTED OFFICIAL, TO THE CHIEF OF STAFF OR COUNSEL TO THE STATEWIDE
ELECTED OFFICIAL; (III) IN THE CASE OF A MEMBER OF THE LEGISLATURE OR A
LEGISLATIVE EMPLOYEE, TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY; AND (IV) IN THE CASE OF A STATE OFFICER,
EMPLOYEE OR BOARD MEMBER, TO THE APPOINTING AUTHORITY FOR SUCH PERSON.
SUCH NOTICE OF DELINQUENCY MAY BE SENT AT ANY TIME DURING THE REPORTING
PERSON'S SERVICE AS A STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR
EMPLOYEE, MEMBER OF THE ASSEMBLY OR THE SENATE, OR A LEGISLATIVE EMPLOY-
EE OR A POLITICAL PARTY CHAIR OR WHILE A CANDIDATE FOR STATEWIDE OFFICE,
OR WITHIN ONE YEAR AFTER TERMINATION OF SUCH SERVICE OR CANDIDACY. A
COPY OF ANY NOTICE OF DELINQUENCY OR REPORT SHALL BE INCLUDED IN THE
REPORTING PERSON'S FILE AND BE AVAILABLE FOR PUBLIC INSPECTION AND
COPYING PURSUANT TO THE PROVISIONS OF THIS SECTION. THE JURISDICTION OF
THE COMMISSION, WHEN ACTING PURSUANT TO THIS SUBDIVISION WITH RESPECT TO
FINANCIAL DISCLOSURE, SHALL CONTINUE FOR TWO YEARS NOTWITHSTANDING THAT
THE REPORTING PERSON SEPARATES FROM STATE SERVICE, OR CEASES TO HOLD
PUBLIC OR POLITICAL PARTY OFFICE, OR CEASES TO BE A CANDIDATE, PROVIDED
S. 8006--C 159 A. 9006--C
THE COMMISSION NOTIFIES SUCH PERSON OF THE ALLEGED FAILURE TO FILE OR
DEFICIENT FILING PURSUANT TO THIS SUBDIVISION.
(G) THE COMMISSION SHALL ADOPT A PROCEDURE WHEREBY A PERSON WHO IS
REQUIRED TO FILE AN ANNUAL FINANCIAL DISCLOSURE STATEMENT WITH THE
COMMISSION MAY REQUEST AN ADDITIONAL PERIOD OF TIME WITHIN WHICH TO
FILE SUCH STATEMENT, OTHER THAN MEMBERS OF THE LEGISLATURE, CANDIDATES
FOR MEMBERS OF THE LEGISLATURE AND LEGISLATIVE EMPLOYEES, DUE TO JUSTI-
FIABLE CAUSE OR UNDUE HARDSHIP.
(H) THE COMMISSION MAY PERMIT ANY PERSON WHO IS REQUIRED TO FILE A
FINANCIAL DISCLOSURE STATEMENT WITH THE COMMISSION TO REQUEST THAT THE
COMMISSION DELETE FROM THE COPY THEREOF MADE AVAILABLE FOR PUBLIC
INSPECTION AND COPYING ONE OR MORE ITEMS OF INFORMATION WHICH MAY BE
DELETED BY THE COMMISSION UPON A FINDING BY THE COMMISSION THAT THE
INFORMATION WHICH WOULD OTHERWISE BE REQUIRED TO BE MADE AVAILABLE
FOR PUBLIC INSPECTION AND COPYING WILL HAVE NO MATERIAL BEARING ON THE
DISCHARGE OF THE REPORTING PERSON'S OFFICIAL DUTIES. IF SUCH REQUEST
FOR DELETION IS DENIED, THE COMMISSION, IN ITS NOTIFICATION OF DENIAL,
SHALL INFORM THE PERSON OF THEIR RIGHT TO APPEAL THE COMMISSION'S
DETERMINATION IN A PROCEEDING COMMENCED AGAINST THE COMMISSION, PURSUANT
TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
(I) THE COMMISSION MAY PERMIT ANY PERSON WHO IS REQUIRED TO FILE A
FINANCIAL DISCLOSURE STATEMENT WITH THE COMMISSION TO REQUEST AN
EXEMPTION FROM ANY REQUIREMENT TO REPORT ONE OR MORE ITEMS OF INFOR-
MATION WHICH PERTAIN TO SUCH PERSON'S SPOUSE, DOMESTIC PARTNER, OR
UNEMANCIPATED CHILDREN WHICH ITEM OR ITEMS MAY BE EXEMPTED BY THE
COMMISSION UPON A FINDING BY THE COMMISSION THAT THE REPORTING INDIVID-
UAL'S SPOUSE, DOMESTIC PARTNER, ON THEIR OWN BEHALF, OR ON BEHALF OF AN
UNEMANCIPATED CHILD, OBJECTS TO PROVIDING THE INFORMATION NECESSARY TO
MAKE SUCH DISCLOSURE AND THAT THE INFORMATION WHICH WOULD OTHERWISE
BE REQUIRED TO BE REPORTED SHALL HAVE NO MATERIAL BEARING ON THE
DISCHARGE OF THE REPORTING PERSON'S OFFICIAL DUTIES. IF SUCH
REQUEST FOR EXEMPTION IS DENIED, THE COMMISSION, IN ITS NOTIFICATION OF
DENIAL, SHALL INFORM THE PERSON OF THEIR RIGHT TO APPEAL THE COMMIS-
SION'S DETERMINATION, PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES.
(J) THE COMMISSION MAY PERMIT ANY PERSON REQUIRED TO FILE A FINANCIAL
DISCLOSURE STATEMENT TO REQUEST AN EXEMPTION FROM ANY REQUIREMENT TO
REPORT THE IDENTITY OF A CLIENT PURSUANT TO THE QUESTION UNDER SUBPARA-
GRAPH (B) OF PARAGRAPH EIGHT OF SUBDIVISION THREE OF SECTION SEVENTY-
THREE-A OF THE PUBLIC OFFICERS LAW IN SUCH STATEMENT BASED UPON AN
EXEMPTION SET FORTH IN SUCH QUESTION. THE REPORTING INDIVIDUAL NEED NOT
SEEK AN EXEMPTION TO REFRAIN FROM DISCLOSING THE IDENTITY OF ANY
CLIENT WITH RESPECT TO ANY MATTER WHERE THEY OR THEIR FIRM PROVIDED
LEGAL REPRESENTATION TO THE CLIENT IN CONNECTION WITH AN INVESTI-
GATION OR PROSECUTION BY LAW ENFORCEMENT AUTHORITIES, BANKRUPTCY, OR
DOMESTIC RELATIONS MATTERS. IN ADDITION, CLIENTS OR CUSTOMERS
RECEIVING MEDICAL OR DENTAL SERVICES, MENTAL HEALTH SERVICES, RESIDEN-
TIAL REAL ESTATE BROKERING SERVICES, OR INSURANCE BROKERING
SERVICES NEED NOT BE DISCLOSED. PENDING ANY APPLICATION FOR DELETION OR
EXEMPTION TO THE COMMISSION RELATING TO THE FILING OF A FINANCIAL
DISCLOSURE STATEMENT, ALL INFORMATION WHICH IS THE SUBJECT OR PART OF
THE APPLICATION SHALL REMAIN CONFIDENTIAL. UPON AN ADVERSE DETERMINATION
BY THE COMMISSION, THE REPORTING INDIVIDUAL MAY REQUEST, AND UPON
SUCH REQUEST THE COMMISSION SHALL PROVIDE, THAT ANY INFORMATION THAT IS
THE SUBJECT OR PART OF THE APPLICATION REMAIN CONFIDENTIAL FOR A PERI-
OD OF THIRTY DAYS FOLLOWING NOTICE OF SUCH DETERMINATION. IN THE EVENT
S. 8006--C 160 A. 9006--C
THAT THE REPORTING INDIVIDUAL RESIGNS THEIR OFFICE AND HOLDS NO
OTHER OFFICE SUBJECT TO THE JURISDICTION OF THE COMMISSION, THE INFORMA-
TION SHALL NOT BE MADE PUBLIC AND SHALL BE EXPUNGED IN ITS ENTIRETY.
(K) THE COMMISSION SHALL PERMIT ANY PERSON WHO HAS NOT BEEN DETERMINED
BY THE PERSON'S APPOINTING AUTHORITY TO HOLD A POLICY-MAKING POSI-
TION, BUT WHO IS OTHERWISE REQUIRED TO FILE A FINANCIAL DISCLO-
SURE STATEMENT TO REQUEST AN EXEMPTION FROM SUCH REQUIREMENT IN
ACCORDANCE WITH RULES AND REGULATIONS GOVERNING SUCH EXEMPTIONS. SUCH
RULES AND REGULATIONS SHALL PROVIDE FOR EXEMPTIONS TO BE GRANTED EITHER
ON THE APPLICATION OF AN INDIVIDUAL OR ON BEHALF OF PERSONS WHO SHARE
THE SAME JOB TITLE OR EMPLOYMENT CLASSIFICATION WHICH THE COMMISSION
DEEMS TO BE COMPARABLE FOR PURPOSES OF THIS SECTION. SUCH RULES
AND REGULATIONS MAY PERMIT THE GRANTING OF AN EXEMPTION WHERE, IN THE
DISCRETION OF THE COMMISSION, THE PUBLIC INTEREST DOES NOT REQUIRE
DISCLOSURE AND THE APPLICANT'S DUTIES DO NOT INVOLVE THE NEGOTIATION,
AUTHORIZATION OR APPROVAL OF:
(I) CONTRACTS, LEASES, FRANCHISES, REVOCABLE CONSENTS, CONCESSIONS,
VARIANCES, SPECIAL PERMITS, OR LICENSES AS SUCH TERMS ARE DEFINED IN
SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW;
(II) THE PURCHASE, SALE, RENTAL OR LEASE OF REAL PROPERTY, GOODS OR
SERVICES, OR A CONTRACT THEREFOR;
(III) THE OBTAINING OF GRANTS OF MONEY OR LOANS; OR
(IV) THE ADOPTION OR REPEAL OF ANY RULE OR REGULATION HAVING THE FORCE
AND EFFECT OF LAW.
10. INVESTIGATION AND ENFORCEMENT. (A) THE COMMISSION SHALL RECEIVE
COMPLAINTS AND REFERRALS ALLEGING VIOLATIONS OF SECTION SEVENTY-THREE,
SEVENTY-THREE-A OR SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW, ARTICLE
ONE-A OF THE LEGISLATIVE LAW, OR SECTION ONE HUNDRED SEVEN OF THE CIVIL
SERVICE LAW.
(B) UPON THE RECEIPT OF A COMPLAINT, REFERRAL, OR THE COMMENCEMENT OF
AN INVESTIGATION, MEMBERS OF THE COMMISSION SHALL DISCLOSE TO THE
COMMISSION ANY PERSONAL, PROFESSIONAL, FINANCIAL, OR OTHER DIRECT OR
INDIRECT RELATIONSHIPS A MEMBER OF THE COMMISSION MAY HAVE WITH A
COMPLAINANT OR RESPONDENT. IF ANY COMMISSIONER DETERMINES A CONFLICT OF
INTEREST MAY EXIST, THE COMMISSIONER SHALL, IN WRITING, NOTIFY THE OTHER
MEMBERS OF THE COMMISSION SETTING FORTH THE POSSIBLE CONFLICT OF INTER-
EST. THE COMMISSIONER MAY RECUSE THEMSELF FROM ALL SUBSEQUENT INVOLVE-
MENT IN THE CONSIDERATION AND DETERMINATION OF THE MATTER. IF, AFTER THE
DISCLOSURE, THE COMMISSIONER DOES NOT RECUSE THEMSELF FROM THE MATTER,
THE COMMISSION, BY A MAJORITY VOTE FINDING THAT THE DISCLOSED INFORMA-
TION CREATES A SUBSTANTIAL CONFLICT OF INTEREST, SHALL REMOVE THE
CONFLICTED COMMISSIONER FROM ALL SUBSEQUENT INVOLVEMENT IN THE CONSIDER-
ATION AND DETERMINATION OF THE MATTER, PROVIDED THE REASON FOR THE DECI-
SION IS CLEARLY STATED IN THE DETERMINATION OF THE COMMISSION.
(C) THE COMMISSION SHALL CONDUCT ANY INVESTIGATION NECESSARY TO CARRY
OUT THE PROVISIONS OF THIS SECTION. PURSUANT TO THIS POWER AND DUTY, THE
COMMISSION MAY ADMINISTER OATHS OR AFFIRMATIONS, SUBPOENA WITNESSES,
COMPEL THEIR ATTENDANCE AND TESTIMONY, AND REQUIRE THE PRODUCTION OF ANY
BOOKS OR RECORDS WHICH IT MAY DEEM RELEVANT OR MATERIAL. THE COMMISSION
MAY, BY A MAJORITY VOTE AND PURSUANT TO REGULATIONS ADOPTED PURSUANT TO
THE STATE ADMINISTRATIVE PROCEDURE ACT, DELEGATE TO THE EXECUTIVE DIREC-
TOR THE AUTHORITY TO ISSUE SUBPOENAS, PROVIDED THAT THE EXECUTIVE DIREC-
TOR FIRST NOTIFY THE CHAIR OF THE COMMISSION.
(D) THE COMMISSION STAFF SHALL REVIEW AND INVESTIGATE, AS APPROPRIATE,
ANY INFORMATION IN THE NATURE OF A COMPLAINT OR REFERRAL RECEIVED BY THE
COMMISSION OR INITIATED BY THE COMMISSION, INCLUDING THROUGH ITS REVIEW
S. 8006--C 161 A. 9006--C
OF MEDIA REPORTS AND OTHER INFORMATION, WHERE THERE IS SPECIFIC AND
CREDIBLE EVIDENCE THAT A VIOLATION OF SECTION SEVENTY-THREE, SEVENTY-
THREE-A, OR SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW, SECTION ONE HUNDRED
SEVEN OF THE CIVIL SERVICE LAW OR ARTICLE ONE-A OF THE LEGISLATIVE LAW
BY A PERSON OR ENTITY SUBJECT TO THE JURISDICTION OF THE COMMISSION
INCLUDING MEMBERS OF THE LEGISLATURE AND LEGISLATIVE EMPLOYEES AND
CANDIDATES FOR MEMBERS OF THE LEGISLATURE.
(E) THE COMMISSION SHALL NOTIFY THE COMPLAINANT, IF ANY, THAT THE
COMMISSION HAS RECEIVED THEIR COMPLAINT.
(F) IF, FOLLOWING A PRELIMINARY REVIEW OF ANY COMPLAINT OR REFERRAL,
THE COMMISSION OR COMMISSION STAFF DECIDES TO ELEVATE SUCH PRELIMINARY
REVIEW INTO AN INVESTIGATION, WRITTEN NOTICE SHALL BE PROVIDED TO THE
RESPONDENT SETTING FORTH, TO THE EXTENT THE COMMISSION IS ABLE TO, THE
POSSIBLE OR ALLEGED VIOLATION OR VIOLATIONS OF SUCH LAW AND A
DESCRIPTION OF THE ALLEGATIONS AGAINST THE RESPONDENT AND THE EVIDENCE,
IF ANY, ALREADY GATHERED PERTAINING TO SUCH ALLEGATIONS, PROVIDED HOWEV-
ER THAT ANY INFORMATION THAT MAY, IN THE JUDGMENT OF THE COMMISSION OR
STAFF, EITHER BE PREJUDICIAL TO THE COMPLAINANT OR COMPROMISE THE INVES-
TIGATION SHALL BE REDACTED. THE RESPONDENT SHALL HAVE FIFTEEN DAYS FROM
RECEIPT OF THE WRITTEN NOTICE TO PROVIDE ANY PRELIMINARY RESPONSE OR
INFORMATION THE RESPONDENT DETERMINES MAY BENEFIT THE COMMISSION OR
COMMISSION STAFF IN ITS WORK. AFTER THE REVIEW AND INVESTIGATION, THE
STAFF SHALL PREPARE A REPORT TO THE COMMISSION SETTING FORTH THE ALLEGA-
TION OR ALLEGATIONS MADE, THE EVIDENCE GATHERED IN THE REVIEW AND INVES-
TIGATION TENDING TO SUPPORT AND DISPROVE, IF ANY, THE ALLEGATION OR
ALLEGATIONS, THE RELEVANT LAW, AND A RECOMMENDATION FOR THE CLOSING OF
THE MATTER AS UNFOUNDED OR UNSUBSTANTIATED, FOR SETTLEMENT, FOR GUID-
ANCE, OR MOVING THE MATTER TO A CONFIDENTIAL DUE PROCESS HEARING. THE
COMMISSION SHALL, BY MAJORITY VOTE, RETURN THE MATTER TO THE STAFF FOR
FURTHER INVESTIGATION OR ACCEPT OR REJECT THE STAFF RECOMMENDATION.
(G) IN AN INVESTIGATION INVOLVING A VICTIM THE COMMISSION SHALL ENSURE
THAT ANY INTERVIEW OF SUCH VICTIM IS UPON SUCH VICTIM'S CONSENT AND
THAT THE INVESTIGATOR OR INVESTIGATORS INTERVIEWING SUCH VICTIM HAVE
ADEQUATE TRAUMA INFORMED AND VICTIM CENTERED INVESTIGATIVE TRAINING. IF
A VICTIM IS REQUESTED TO TESTIFY AT A HEARING, THE COMMISSION SHALL
PROVIDE SUFFICIENT NOTICE TO THE VICTIM OF SUCH REQUEST. REGARDLESS OF
WHETHER A VICTIM IS REQUESTED TO OR TESTIFIES AT A HEARING, THE VICTIM
SHALL BE INFORMED AS TO HOW ANY STATEMENTS MADE OR INFORMATION PROVIDED
WILL BE USED IN AN INVESTIGATION.
(H) UPON THE CONCLUSION OF AN INVESTIGATION, IF THE COMMISSION, AFTER
CONSIDERATION OF A STAFF REPORT, DETERMINES BY MAJORITY VOTE THAT THERE
IS CREDIBLE EVIDENCE OF A VIOLATION OF THE LAWS UNDER ITS JURISDICTION,
IT SHALL PROVIDE THE RESPONDENT TIMELY NOTICE FOR A DUE PROCESS HEARING.
THE COMMISSION SHALL ALSO INFORM THE RESPONDENT OF ITS RULES REGARDING
THE CONDUCT OF ADJUDICATORY PROCEEDINGS AND APPEALS AND THE OTHER DUE
PROCESS PROCEDURAL MECHANISMS AVAILABLE TO THE RESPONDENT. IF AFTER A
HEARING THE COMPLAINT IS UNSUBSTANTIATED OR UNFOUNDED, THE COMMISSION
SHALL PROVIDE WRITTEN NOTICE TO THE RESPONDENT, COMPLAINANT, IF ANY,
AND VICTIM, IF ANY, PROVIDED THAT SUCH NOTICE SHALL NOT INCLUDE ANY
PERSONALLY IDENTIFYING INFORMATION OR INFORMATION TENDING TO IDENTIFY
ANY PARTY INVOLVED IN AN INVESTIGATION.
(I) THE HEARING SHALL BE CONDUCTED BEFORE AN INDEPENDENT ARBITRATOR.
SUCH HEARING SHALL AFFORD THE RESPONDENT WITH A REASONABLE OPPORTUNITY
TO APPEAR IN PERSON, AND BY ATTORNEY, GIVE SWORN TESTIMONY, PRESENT
EVIDENCE, AND CROSS-EXAMINE WITNESSES.
S. 8006--C 162 A. 9006--C
(J) THE COMMISSION MAY, AT ANY TIME, DEVELOP PROCEDURES AND RULES FOR
RESOLUTION OF DE MINIMUS OR MINOR VIOLATIONS THAT CAN BE RESOLVED
OUTSIDE OF THE ENFORCEMENT PROCESS, INCLUDING THE SENDING OF A CONFIDEN-
TIAL GUIDANCE OR EDUCATIONAL LETTER.
(K) THE JURISDICTION OF THE COMMISSION WHEN ACTING PURSUANT TO THIS
SECTION SHALL CONTINUE NOTWITHSTANDING THAT A STATEWIDE ELECTED OFFICIAL
OR A STATE OFFICER OR EMPLOYEE OR MEMBER OF THE LEGISLATURE OR LEGISLA-
TIVE EMPLOYEE SEPARATES FROM STATE SERVICE, OR A POLITICAL PARTY CHAIR
CEASES TO HOLD SUCH OFFICE, OR A CANDIDATE CEASES TO BE A CANDIDATE, OR
A LOBBYIST OR CLIENT OF A LOBBYIST CEASES TO ACT AS SUCH, PROVIDED THAT
THE COMMISSION NOTIFIES SUCH INDIVIDUAL OR ENTITY OF THE ALLEGED
VIOLATION OF LAW WITHIN TWO YEARS FROM THE INDIVIDUAL'S SEPARATION FROM
STATE SERVICE OR TERMINATION OF PARTY SERVICE OR CANDIDACY, OR FROM THE
LAST REPORT FILED PURSUANT TO ARTICLE ONE-A OF THE LEGISLATIVE LAW.
NOTHING IN THIS SECTION SHALL SERVE TO LIMIT THE JURISDICTION OF THE
COMMISSION IN ENFORCEMENT OF SUBDIVISION EIGHT OF SECTION SEVENTY-THREE
OF THE PUBLIC OFFICERS LAW.
(L) IF THE COMMISSION'S VOTE TO PROCEED TO A DUE PROCESS HEARING AFTER
THE COMPLETION OF AN INVESTIGATION DOES NOT CARRY, THE COMMISSION SHALL
PROVIDE WRITTEN NOTICE OF THE DECISION TO THE RESPONDENT, COMPLAINANT,
IF ANY, AND VICTIM, IF ANY, PROVIDED THAT SUCH NOTICE SHALL NOT INCLUDE
ANY PERSONALLY IDENTIFYING INFORMATION OR INFORMATION TENDING TO IDENTI-
FY ANY PARTY INVOLVED IN AN INVESTIGATION.
(M) IF THE COMMISSION DETERMINES A COMPLAINT OR REFERRAL LACKS SPECIF-
IC AND CREDIBLE EVIDENCE OF A VIOLATION OF THE LAWS UNDER ITS JURISDIC-
TION, OR A MATTER IS CLOSED DUE TO THE ALLEGATIONS BEING UNSUBSTANTIATED
PRIOR TO A VOTE BY THE COMMISSION, SUCH RECORDS AND ALL RELATED MATERIAL
SHALL BE EXEMPT FROM PUBLIC DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC
OFFICERS LAW, EXCEPT THE COMMISSION'S VOTE SHALL BE PUBLICLY DISCLOSED
IN ACCORDANCE WITH ARTICLES SIX AND SEVEN OF THE PUBLIC OFFICERS LAW.
THE COMMISSION SHALL PROVIDE WRITTEN NOTICE OF SUCH CLOSURE TO THE
RESPONDENT, COMPLAINANT, IF ANY, OR VICTIM, IF ANY, PROVIDED THAT SUCH
NOTICE SHALL NOT INCLUDE ANY PERSONALLY IDENTIFYING INFORMATION OR
INFORMATION TENDING TO IDENTIFY ANY PARTY INVOLVED IN AN INVESTIGATION.
(N) (I) AN INDIVIDUAL SUBJECT TO THE JURISDICTION OF THE COMMISSION
WHO KNOWINGLY AND INTENTIONALLY VIOLATES THE PROVISIONS OF SUBDIVISIONS
TWO THROUGH FIVE-A, SEVEN, EIGHT, TWELVE OR FOURTEEN THROUGH SEVENTEEN
OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW, SECTION ONE HUNDRED
SEVEN OF THE CIVIL SERVICE LAW, OR A REPORTING INDIVIDUAL WHO KNOWINGLY
AND WILLFULLY FAILS TO FILE AN ANNUAL STATEMENT OF FINANCIAL DISCLOSURE
OR WHO KNOWINGLY AND WILLFULLY WITH INTENT TO DECEIVE MAKES A FALSE
STATEMENT OR FRAUDULENT OMISSION OR GIVES INFORMATION WHICH SUCH INDI-
VIDUAL KNOWS TO BE FALSE ON SUCH STATEMENT OF FINANCIAL DISCLOSURE FILED
PURSUANT TO SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS LAW, SHALL BE
SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND
DOLLARS AND THE VALUE OF ANY GIFT, COMPENSATION OR BENEFIT RECEIVED AS A
RESULT OF SUCH VIOLATION.
(II) AN INDIVIDUAL WHO KNOWINGLY AND INTENTIONALLY VIOLATES THE
PROVISIONS OF PARAGRAPH A, B, C, D, E, G, OR I OF SUBDIVISION THREE OF
SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW, SHALL BE SUBJECT TO A
CIVIL PENALTY IN AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS AND THE
VALUE OF ANY GIFT, COMPENSATION OR BENEFIT RECEIVED AS A RESULT OF SUCH
VIOLATION.
(III) AN INDIVIDUAL SUBJECT TO THE JURISDICTION OF THE COMMISSION WHO
KNOWINGLY AND WILLFULLY VIOLATES ARTICLE ONE-A OF THE LEGISLATIVE LAW
SHALL BE SUBJECT TO CIVIL PENALTY AS PROVIDED FOR IN THAT ARTICLE.
S. 8006--C 163 A. 9006--C
(IV) WITH RESPECT TO A POTENTIAL VIOLATION OF ANY CRIMINAL LAW WHERE
THE COMMISSION FINDS SUFFICIENT CAUSE BY A MAJORITY VOTE, IT SHALL REFER
SUCH MATTER TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITY FOR FURTHER
INVESTIGATION.
(V) IN ASSESSING THE AMOUNT OF THE CIVIL PENALTIES TO BE IMPOSED, THE
COMMISSION SHALL CONSIDER THE SERIOUSNESS OF THE VIOLATION, THE AMOUNT
OF GAIN TO THE INDIVIDUAL AND WHETHER THE INDIVIDUAL PREVIOUSLY HAD ANY
CIVIL OR CRIMINAL PENALTIES IMPOSED PURSUANT TO THIS SECTION, AND ANY
OTHER FACTORS THE COMMISSION DEEMS APPROPRIATE.
(VI) A CIVIL PENALTY FOR FALSE FILING SHALL NOT BE IMPOSED UNDER THIS
SUBDIVISION IN THE EVENT A CATEGORY OF "VALUE" OR "AMOUNT" REPORTED
HEREUNDER IS INCORRECT UNLESS SUCH REPORTED INFORMATION IS FALSELY
UNDERSTATED.
(VII) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO
OTHER PENALTY, CIVIL OR CRIMINAL MAY BE IMPOSED FOR A FAILURE TO FILE,
OR FOR A FALSE FILING, OF SUCH STATEMENT, OR A VIOLATION OF SUBDIVISION
SIX OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW OR SECTION ONE
HUNDRED SEVEN OF THE CIVIL SERVICE LAW, EXCEPT THAT THE COMMISSION MAY
RECOMMEND THAT THE INDIVIDUAL IN VIOLATION OF SUCH SUBDIVISION OR
SECTION BE DISCIPLINED.
(O) THE COMMISSION SHALL BE DEEMED TO BE AN AGENCY WITHIN THE MEANING
OF ARTICLE THREE OF THE STATE ADMINISTRATIVE PROCEDURE ACT AND SHALL
ADOPT RULES GOVERNING THE CONDUCT OF ADJUDICATORY PROCEEDINGS AND
APPEALS TAKEN PURSUANT TO A PROCEEDING COMMENCED UNDER ARTICLE SEVENTY-
EIGHT OF THE CIVIL PRACTICE LAW AND RULES RELATING TO THE ASSESSMENT OF
THE CIVIL PENALTIES OR THE RECOMMENDATION OF EMPLOYEE DISCIPLINE HEREIN
AUTHORIZED. SUCH RULE SHALL PROVIDE FOR DUE PROCESS PROCEDURAL MECH-
ANISMS SUBSTANTIALLY SIMILAR TO THOSE SET FORTH IN ARTICLE THREE OF THE
STATE ADMINISTRATIVE PROCEDURE ACT BUT SUCH MECHANISMS NEED NOT BE IDEN-
TICAL IN TERMS OR SCOPE.
(P) (I) THE COMMISSION SHALL HAVE JURISDICTION TO INVESTIGATE, BUT
SHALL HAVE NO JURISDICTION TO IMPOSE PENALTIES OR DISCIPLINE UPON
MEMBERS OF OR CANDIDATES FOR MEMBER OF THE LEGISLATURE OR LEGISLATIVE
EMPLOYEES FOR ANY VIOLATION OF THE PUBLIC OFFICERS LAW OR SECTION ONE
HUNDRED SEVEN OF THE CIVIL SERVICE LAW. IF, AFTER INVESTIGATION AND A
DUE PROCESS HEARING, THE COMMISSION HAS FOUND, BY A MAJORITY VOTE, A
SUBSTANTIAL BASIS TO CONCLUDE THAT A MEMBER OF THE LEGISLATURE OR A
LEGISLATIVE EMPLOYEE OR CANDIDATE FOR MEMBER OF THE LEGISLATURE HAS
VIOLATED ANY PROVISIONS OF SUCH LAWS, IT SHALL PREPARE A WRITTEN REPORT
OF ITS FINDINGS AND PROVIDE A COPY OF THAT REPORT TO THE LEGISLATIVE
ETHICS COMMISSION, AND TO SUCH INDIVIDUAL IN VIOLATION OF SUCH LAW. THE
COMMISSION SHALL PROVIDE TO THE LEGISLATIVE ETHICS COMMISSION COPIES OF
THE FULL INVESTIGATIVE FILE AND HEARING RECORD.
(II) WITH RESPECT TO THE INVESTIGATION OF ANY INDIVIDUAL WHO IS NOT A
MEMBER OF THE LEGISLATURE OR A LEGISLATIVE EMPLOYEE OR CANDIDATE FOR
MEMBER OF THE LEGISLATURE, IF AFTER ITS INVESTIGATION AND DUE PROCESS
HEARING, THE COMMISSION HAS FOUND, BY A MAJORITY VOTE, A SUBSTANTIAL
BASIS TO CONCLUDE THAT THE INDIVIDUAL OR ENTITY HAS VIOLATED THE PUBLIC
OFFICERS LAW, SECTION ONE HUNDRED SEVEN OF THE CIVIL SERVICE LAW, OR THE
LEGISLATIVE LAW, THE COMMISSION SHALL DETERMINE WHETHER, IN ADDITION TO
OR IN LIEU OF ANY FINE AUTHORIZED BY THIS ARTICLE, THE MATTER SHOULD BE
REFERRED TO THEIR EMPLOYER FOR DISCIPLINE WITH A WARNING, ADMONITION,
CENSURE, SUSPENSION OR TERMINATION OR OTHER APPROPRIATE DISCIPLINE. WITH
REGARD TO STATEWIDE ELECTED OFFICIALS, THE COMMISSION MAY NOT ORDER
SUSPENSION OR TERMINATION BUT MAY RECOMMEND IMPEACHMENT. THE COMMISSION
SHALL THEN ISSUE A REPORT CONTAINING ITS DETERMINATIONS INCLUDING ITS
S. 8006--C 164 A. 9006--C
FINDINGS OF FACT AND CONCLUSIONS OF LAW TO THE COMPLAINANT AND RESPOND-
ENT. THE COMMISSION SHALL PUBLISH SUCH REPORT ON ITS WEBSITE WITHIN
TWENTY DAYS OF ITS DELIVERY TO THE COMPLAINANT AND RESPONDENT.
11. CONFIDENTIALITY. (A) WHEN AN INDIVIDUAL BECOMES A COMMISSIONER OR
STAFF OF THE COMMISSION, SUCH INDIVIDUAL SHALL BE REQUIRED TO SIGN A
NON-DISCLOSURE STATEMENT.
(B) EXCEPT AS OTHERWISE REQUIRED OR PROVIDED BY LAW, OR WHEN NECESSARY
TO INFORM THE COMPLAINANT OR RESPONDENT OF THE ALLEGED VIOLATION OF
LAW, IF ANY, OF THE STATUS OF AN INVESTIGATION, TESTIMONY RECEIVED, OR
ANY OTHER INFORMATION OBTAINED BY A COMMISSIONER OR STAFF OF THE COMMIS-
SION, SHALL NOT BE DISCLOSED BY ANY SUCH INDIVIDUAL TO ANY PERSON OR
ENTITY OUTSIDE OF THE COMMISSION DURING THE PENDENCY OF ANY MATTER. ANY
CONFIDENTIAL COMMUNICATION TO ANY PERSON OR ENTITY OUTSIDE THE COMMIS-
SION RELATED TO THE MATTERS BEFORE THE COMMISSION SHALL OCCUR ONLY AS
AUTHORIZED BY THE COMMISSION. FOR THE PURPOSES OF THIS PARAGRAPH,
"MATTER" SHALL MEAN ANY COMPLAINT, REVIEW, INQUIRY, OR INVESTIGATION
INTO ALLEGED VIOLATIONS OF THIS CHAPTER.
(C) THE COMMISSION SHALL ESTABLISH PROCEDURES NECESSARY TO PREVENT THE
UNAUTHORIZED DISCLOSURE OF ANY INFORMATION RECEIVED BY ANY MEMBER OF THE
COMMISSION OR STAFF OF THE COMMISSION. ANY BREACHES OF CONFIDENTIALITY
MAY BE INVESTIGATED BY THE NEW YORK STATE OFFICE OF THE INSPECTOR GENER-
AL, ATTORNEY GENERAL, OR OTHER APPROPRIATE LAW ENFORCEMENT AUTHORITY
UPON A MAJORITY VOTE OF THE COMMISSION TO REFER, AND APPROPRIATE ACTION
SHALL BE TAKEN.
(D) ANY COMMISSION MEMBER OR PERSON EMPLOYED BY THE COMMISSION WHO
INTENTIONALLY AND WITHOUT AUTHORIZATION RELEASES CONFIDENTIAL INFORMA-
TION RECEIVED OR GENERATED BY THE COMMISSION SHALL BE GUILTY OF A CLASS
A MISDEMEANOR.
12. ANNUAL REPORT. (A) THE COMMISSION SHALL MAKE AN ANNUAL PUBLIC
REPORT SUMMARIZING THE ACTIVITIES OF THE COMMISSION DURING THE PREVIOUS
YEAR AND RECOMMENDING ANY CHANGES IN THE LAWS GOVERNING THE CONDUCT OF
PERSONS SUBJECT TO THE JURISDICTION OF THE COMMISSION, OR THE RULES,
REGULATIONS AND PROCEDURES GOVERNING THE COMMISSION'S CONDUCT. SUCH
REPORT SHALL INCLUDE, BUT IS NOT LIMITED TO:
(I) INFORMATION ON THE NUMBER AND TYPE OF COMPLAINTS RECEIVED BY THE
COMMISSION AND THE STATUS OF SUCH COMPLAINTS;
(II) INFORMATION ON THE NUMBER OF INVESTIGATIONS PENDING AND NATURE OF
SUCH INVESTIGATIONS;
(III) WHERE A MATTER HAS BEEN RESOLVED, THE DATE AND NATURE OF THE
DISPOSITION AND ANY SANCTION IMPOSED; PROVIDED, HOWEVER, THAT SUCH ANNU-
AL REPORT SHALL NOT CONTAIN ANY INFORMATION FOR WHICH DISCLOSURE IS NOT
PERMITTED PURSUANT TO THIS SECTION OR OTHER LAWS;
(IV) INFORMATION REGARDING FINANCIAL DISCLOSURE COMPLIANCE FOR THE
PRECEDING YEAR; AND
(V) INFORMATION REGARDING LOBBYING LAW FILING COMPLIANCE FOR THE
PRECEDING YEAR.
(B) SUCH A REPORT SHALL BE FILED IN THE OFFICE OF THE GOVERNOR AND
WITH THE LEGISLATURE ON OR BEFORE THE FIRST DAY OF APRIL FOR THE PRECED-
ING YEAR.
13. WEBSITE. (A) WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE
OF THIS SECTION, THE COMMISSION SHALL UPDATE JCOPE'S PUBLICLY ACCESSIBLE
WEBSITE WHICH SHALL SET FORTH THE PROCEDURE FOR FILING A COMPLAINT WITH
THE COMMISSION, THE FILING OF FINANCIAL DISCLOSURE STATEMENTS FILED BY
STATE OFFICERS OR EMPLOYEES OR LEGISLATIVE EMPLOYEES, THE FILING OF
STATEMENTS REQUIRED BY ARTICLE ONE-A OF THE LEGISLATIVE LAW, AND ANY
S. 8006--C 165 A. 9006--C
OTHER RECORDS OR INFORMATION WHICH THE COMMISSION DETERMINES TO BE
APPROPRIATE.
(B) THE COMMISSION SHALL POST ON ITS WEBSITE THE FOLLOWING DOCUMENTS:
(I) THE INFORMATION SET FORTH IN AN ANNUAL STATEMENT OF FINANCIAL
DISCLOSURE FILED PURSUANT TO SECTION SEVENTY-THREE-A OF THE PUBLIC OFFI-
CERS LAW EXCEPT INFORMATION DELETED PURSUANT TO PARAGRAPH (G) OF SUBDI-
VISION NINE OF THIS SECTION OF STATEWIDE ELECTED OFFICIALS AND MEMBERS
OF THE LEGISLATURE;
(II) NOTICES OF DELINQUENCY SENT UNDER SUBDIVISION NINE OF THIS
SECTION;
(III) NOTICES OF CIVIL ASSESSMENTS IMPOSED UNDER THIS SECTION WHICH
SHALL INCLUDE A DESCRIPTION OF THE NATURE OF THE ALLEGED WRONGDOING, THE
PROCEDURAL HISTORY OF THE COMPLAINT, THE FINDINGS AND DETERMINATIONS
MADE BY THE COMMISSION, AND ANY SANCTION IMPOSED;
(IV) THE TERMS OF ANY SETTLEMENT OR COMPROMISE OF A COMPLAINT OR
REFERRAL WHICH INCLUDES A FINE, PENALTY OR OTHER REMEDY;
(V) THOSE REQUIRED TO BE HELD OR MAINTAINED PUBLICLY AVAILABLE PURSU-
ANT TO ARTICLE ONE-A OF THE LEGISLATIVE LAW; AND
(VI) REPORTS ISSUED BY THE COMMISSION PURSUANT TO THIS SECTION.
14. ADDITIONAL POWERS. IN ADDITION TO ANY OTHER POWERS AND DUTIES
SPECIFIED BY LAW, THE COMMISSION SHALL HAVE THE POWER AND DUTY TO ADMIN-
ISTER AND ENFORCE ALL THE PROVISIONS OF THIS SECTION.
15. SEVERABILITY. IF ANY PART OR PROVISION OF THIS SECTION OR THE
APPLICATION THEREOF TO ANY PERSON OR ORGANIZATION IS ADJUDGED BY A COURT
OF COMPETENT JURISDICTION TO BE UNCONSTITUTIONAL OR OTHERWISE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT OR IMPAIR ANY OTHER PART OR PROVISION OR
THE APPLICATION THEREOF TO ANY OTHER PERSON OR ORGANIZATION, BUT SHALL
BE CONFINED IN ITS OPERATION TO SUCH PART OR PROVISION.
§ 3. Subdivision (f) of section 1-c of the legislative law, as amended
by chapter 14 of the laws of 2007, is amended to read as follows:
(f) The term "commission" shall mean the commission on [public integ-
rity] ETHICS AND LOBBYING IN GOVERNMENT created by section ninety-four
of the executive law.
§ 4. Subdivisions 7, 9, 10, 12 and 13 of section 80 of the legislative
law, subdivisions 7, 9, 12 and 13 as amended and subdivision 10 as added
by section 9 of part A of chapter 399 of the laws of 2011, are amended
to read as follows:
7. The commission shall:
a. Appoint an executive director who shall act in accordance with the
policies of the commission, provided that the commission may remove the
executive director for neglect of duty, misconduct in office, or inabil-
ity or failure to discharge the powers or duties of office;
b. Appoint such other staff as are necessary to assist it to carry out
its duties under this section;
c. Adopt, amend, and rescind policies, rules and regulations consist-
ent with this section to govern procedures of the commission which shall
not be subject to the promulgation and hearing requirements of the state
administrative procedure act;
d. Administer the provisions of this section;
e. Specify the procedures whereby a person who is required to file an
annual financial disclosure statement with the commission may request an
additional period of time within which to file such statement, due to
justifiable cause or undue hardship; such rules or regulations shall
provide for a date beyond which in all cases of justifiable cause or
undue hardship no further extension of time will be granted;
S. 8006--C 166 A. 9006--C
f. Promulgate guidelines to assist appointing authorities in determin-
ing which persons hold policy-making positions for purposes of section
seventy-three-a of the public officers law and may promulgate guidelines
to assist firms, associations and corporations in separating affected
persons from net revenues for purposes of subdivision ten of section
seventy-three of the public officers law, and promulgate guidelines to
assist any firm, association or corporation in which any present or
former statewide elected official, state officer or employee, member of
the legislature or legislative employee, or political party [chairman]
CHAIR is a member, associate, retired member, of counsel or shareholder,
in complying with the provisions of subdivision ten of section seventy-
three of the public officers law with respect to the separation of such
present or former statewide elected official, state officer or employee,
member of the legislature or legislative employee, or political party
[chairman] CHAIR from the net revenues of the firm, association or
corporation. Such firm, association or corporation shall not be required
to adopt the procedures contained in the guidelines to establish compli-
ance with subdivision ten of section seventy-three of the public offi-
cers law, but if such firm, association or corporation does adopt such
procedures, it shall be deemed to be in compliance with such subdivision
ten;
g. Make available forms for financial disclosure statements required
to be filed pursuant to subdivision six of section seventy-three and
section seventy-three-a of the public officers law as provided by the
[joint] commission on [public] ethics AND LOBBYING IN GOVERNMENT;
h. Review financial disclosure statements in accordance with the
provisions of this section, provided however, that the commission may
delegate all or part of the review function relating to financial
disclosure statements filed by legislative employees pursuant to
sections seventy-three and seventy-three-a of the public officers law to
the executive director who shall be responsible for completing staff
review of such statements in a manner consistent with the terms of the
commission's delegation;
i. Upon written request from any person who is subject to the juris-
diction of the commission and the requirements of sections seventy-
three, seventy-three-a and seventy-four of the public officers law,
render formal advisory opinions on the requirements of said provisions.
A formal written opinion rendered by the commission, until and unless
amended or revoked, shall be binding on the legislative ethics commis-
sion in any subsequent proceeding concerning the person who requested
the opinion and who acted in good faith, unless material facts were
omitted or misstated by the person in the request for an opinion. Such
opinion may also be relied upon by such person, and may be introduced
and shall be a defense in any criminal or civil action. The [joint]
commission on [public] ethics AND LOBBYING IN GOVERNMENT shall not
investigate an individual for potential violations of law based upon
conduct approved and covered in its entirety by such an opinion, except
that such opinion shall not prevent or preclude an investigation of and
report to the legislative ethics commission concerning the conduct of
the person who obtained it by the [joint] commission on [public] ethics
AND LOBBYING IN GOVERNMENT for violations of section seventy-three,
seventy-three-a or seventy-four of the public officers law to determine
whether the person accurately and fully represented to the legislative
ethics commission the facts relevant to the formal advisory opinion and
whether the person's conduct conformed to those factual representations.
The [joint] commission ON ETHICS AND LOBBYING IN GOVERNMENT shall be
S. 8006--C 167 A. 9006--C
authorized and shall have jurisdiction to investigate potential
violations of the law arising from conduct outside of the scope of the
terms of the advisory opinion; and
j. Issue and publish generic advisory opinions covering questions
frequently posed to the commission, or questions common to a class or
defined category of persons, or that will tend to prevent undue repe-
tition of requests or undue complication, and which are intended to
provide general guidance and information to persons subject to the
commission's jurisdiction;
k. Develop educational materials and training with regard to legisla-
tive ethics for members of the legislature and legislative employees
including an online ethics orientation course for newly-hired employees
and, as requested by the senate or the assembly, materials and training
in relation to a comprehensive ethics training program; and
l. Prepare an annual report to the governor and legislature summariz-
ing the activities of the commission during the previous year and recom-
mending any changes in the laws governing the conduct of persons subject
to the jurisdiction of the commission, or the rules, regulations and
procedures governing the commission's conduct. Such report shall
include: (i) a listing by assigned number of each complaint and report
received from the [joint] commission on [public] ethics AND LOBBYING IN
GOVERNMENT which alleged a possible violation within its jurisdiction,
including the current status of each complaint, and (ii) where a matter
has been resolved, the date and nature of the disposition and any sanc-
tion imposed, subject to the confidentiality requirements of this
section. Such annual report shall not contain any information for which
disclosure is not permitted pursuant to subdivision twelve of this
section.
9. (a) An individual subject to the jurisdiction of the commission
with respect to the imposition of penalties who knowingly and inten-
tionally violates the provisions of subdivisions two through five-a,
seven, eight, twelve, fourteen or fifteen of section seventy-three of
the public officers law or a reporting individual who knowingly and
wilfully fails to file an annual statement of financial disclosure or
who knowingly and wilfully with intent to deceive makes a false state-
ment or gives information which such individual knows to be false on
such statement of financial disclosure filed pursuant to section seven-
ty-three-a of the public officers law shall be subject to a civil penal-
ty in an amount not to exceed forty thousand dollars and the value of
any gift, compensation or benefit received as a result of such
violation. Any such individual who knowingly and intentionally violates
the provisions of paragraph a, b, c, d, e, g, or i of subdivision three
of section seventy-four of the public officers law shall be subject to a
civil penalty in an amount not to exceed ten thousand dollars and the
value of any gift, compensation or benefit received as a result of such
violation. Assessment of a civil penalty hereunder shall be made by the
commission with respect to persons subject to its jurisdiction. In
assessing the amount of the civil penalties to be imposed, the commis-
sion shall consider the seriousness of the violation, the amount of gain
to the individual and whether the individual previously had any civil or
criminal penalties imposed pursuant to this section, and any other
factors the commission deems appropriate. For a violation of this
section, other than for conduct which constitutes a violation of subdi-
vision twelve, fourteen or fifteen of section seventy-three or section
seventy-four of the public officers law, the legislative ethics commis-
sion may, in lieu of or in addition to a civil penalty, refer a
S. 8006--C 168 A. 9006--C
violation to the appropriate prosecutor and upon such conviction, but
only after such referral, such violation shall be punishable as a class
A misdemeanor. Where the commission finds sufficient cause, it shall
refer such matter to the appropriate prosecutor. A civil penalty for
false filing may not be imposed hereunder in the event a category of
"value" or "amount" reported hereunder is incorrect unless such reported
information is falsely understated. Notwithstanding any other provision
of law to the contrary, no other penalty, civil or criminal may be
imposed for a failure to file, or for a false filing, of such statement,
or a violation of subdivision six of section seventy-three of the public
officers law, except that the appointing authority may impose discipli-
nary action as otherwise provided by law. The legislative ethics commis-
sion shall be deemed to be an agency within the meaning of article three
of the state administrative procedure act and shall adopt rules govern-
ing the conduct of adjudicatory proceedings and appeals taken pursuant
to a proceeding commenced under article seventy-eight of the civil prac-
tice law and rules relating to the assessment of the civil penalties
herein authorized. Such rules, which shall not be subject to the promul-
gation and hearing requirements of the state administrative procedure
act, shall provide for due process procedural mechanisms substantially
similar to those set forth in such article three but such mechanisms
need not be identical in terms or scope. Assessment of a civil penalty
shall be final unless modified, suspended or vacated within thirty days
of imposition, with respect to the assessment of such penalty, or unless
such denial of request is reversed within such time period, and upon
becoming final shall be subject to review at the instance of the
affected reporting individuals in a proceeding commenced against the
legislative ethics commission, pursuant to article seventy-eight of the
civil practice law and rules.
(b) Not later than [forty-five] TWENTY calendar days after receipt
from the [joint] commission on [public] ethics AND LOBBYING IN GOVERN-
MENT of a written substantial basis investigation report and any
supporting documentation or other materials regarding a matter before
the commission pursuant to [subdivision fourteen-a of] section ninety-
four of the executive law, unless requested by a law enforcement agency
to suspend the commission's action because of an ongoing criminal inves-
tigation, the legislative ethics commission shall make public such
report in its entirety; provided, however, that the commission may with-
hold such information for not more than one additional period of the
same duration or refer the matter back to the [joint] commission on
[public] ethics AND LOBBYING IN GOVERNMENT once for additional investi-
gation, in which case the legislative ethics commission shall, upon the
termination of such additional period or upon receipt of a new report by
the [joint] commission on [public] ethics AND LOBBYING IN GOVERNMENT
after such additional investigation, make public the written report and
publish it on the commission's website. If the legislative ethics
commission fails to make public the written report received from the
[joint] commission ON ETHICS AND LOBBYING IN GOVERNMENT in accordance
with this paragraph, the [joint] commission ON ETHICS AND LOBBYING IN
GOVERNMENT shall release such report publicly promptly and in any event
no later than ten days after the legislative ethics commission is
required to release such report. The legislative ethics commission shall
not refer the matter back to the [joint] commission on [public] ethics
AND LOBBYING IN GOVERNMENT for additional investigation more than once.
If the commission refers the matter back to the [joint] commission ON
ETHICS AND LOBBYING IN GOVERNMENT for additional fact-finding, the
S. 8006--C 169 A. 9006--C
[joint commission's] COMMISSION ON ETHICS AND LOBBYING IN GOVERNMENT'S
original report shall remain confidential.
10. Upon receipt of a written report from the [joint] commission on
[public] ethics AND LOBBYING IN GOVERNMENT pursuant to subdivision four-
teen-a of section seventy-three of the public officers law, the legisla-
tive ethics commission shall commence its review of the matter addressed
in such report. No later than ninety days after receipt of such report,
the legislative ethics commission shall dispose of the matter by making
one or more of the following determinations:
a. whether the legislative ethics commission concurs with the [joint
commission's] COMMISSION ON ETHICS AND LOBBYING IN GOVERNMENT'S conclu-
sions of law and the reasons therefor;
b. whether and which penalties have been assessed pursuant to applica-
ble law or rule and the reasons therefor; and
c. whether further actions have been taken by the commission to punish
or deter the misconduct at issue and the reasons therefor.
The commission's disposition shall be reported in writing and
published on its website no later than ten days after such disposition
unless requested by a law enforcement agency to suspend the commission's
action because of an ongoing criminal investigation.
12. a. Notwithstanding the provisions of article six of the public
officers law, the only records of the commission which shall be avail-
able for public inspection and copying are:
(1) the terms of any settlement or compromise of a complaint or refer-
ral or report which includes a fine, penalty or other remedy reached
after the commission has received a report from the [joint] commission
on [public] ethics AND LOBBYING IN GOVERNMENT pursuant to [subdivision
fourteen-a of] section ninety-four of the executive law;
(2) generic advisory opinions;
(3) all reports required by this section; and
(4) all reports received from the [joint] commission on [public]
ethics AND LOBBYING IN GOVERNMENT pursuant to [subdivision fourteen-a
of] section ninety-four of the executive law and in conformance with
paragraph (b) of subdivision [nine-b] NINE of this section.
b. Notwithstanding the provisions of article seven of the public offi-
cers law, no meeting or proceeding of the commission shall be open to
the public, except if expressly provided otherwise by this section or
the commission.
13. Within one hundred twenty days of the effective date of this
subdivision, the commission shall create and thereafter maintain a
publicly accessible website which shall set forth the procedure for
filing a complaint with the [joint] commission on [public] ethics AND
LOBBYING IN GOVERNMENT, and which shall contain any other records or
information which the commission determines to be appropriate.
§ 5. Paragraphs (c), (d) and (d-1) of subdivision 1 of section 73-a of
the public officers law, paragraphs (c) and (d) as amended and paragraph
(d-1) as added by section 5 of part A of chapter 399 of the laws of
2011, are amended to read as follows:
(c) The term "state officer or employee" shall mean:
(i) heads of state departments and their deputies and assistants;
(ii) officers and employees of statewide elected officials, officers
and employees of state departments, boards, bureaus, divisions, commis-
sions, councils or other state agencies, who receive annual compensation
in excess of the filing rate established by paragraph (l) of this subdi-
vision or who hold policy-making positions, as annually determined by
the appointing authority and set forth in a written instrument which
S. 8006--C 170 A. 9006--C
shall be filed with the [joint] commission on [public] ethics AND LOBBY-
ING IN GOVERNMENT established by section ninety-four of the executive
law during the month of February, provided, however, that the appointing
authority shall amend such written instrument after such date within
thirty days after the undertaking of policy-making responsibilities by a
new employee or any other employee whose name did not appear on the most
recent written instrument; and
(iii) members or directors of public authorities, other than multi-
state authorities, public benefit corporations and commissions at least
one of whose members is appointed by the governor, and employees of such
authorities, corporations and commissions who receive annual compen-
sation in excess of the filing rate established by paragraph (l) of this
subdivision or who hold policy-making positions, as determined annually
by the appointing authority and set forth in a written instrument which
shall be filed with the [joint] commission on [public] ethics AND LOBBY-
ING IN GOVERNMENT established by section ninety-four of the executive
law during the month of February, provided, however, that the appointing
authority shall amend such written instrument after such date within
thirty days after the undertaking of policy-making responsibilities by a
new employee or any other employee whose name did not appear on the most
recent written instrument.
(d) The term "legislative employee" shall mean any officer or employee
of the legislature who receives annual compensation in excess of the
filing rate established by paragraph (l) below or who is determined to
hold a policy-making position by the appointing authority as set forth
in a written instrument which shall be filed with the legislative ethics
commission and the [joint] commission on [public] ethics AND LOBBYING IN
GOVERNMENT.
(d-1) A financial disclosure statement required pursuant to section
seventy-three of this article and this section shall be deemed "filed"
with the [joint] commission on [public] ethics AND LOBBYING IN GOVERN-
MENT upon its filing, in accordance with this section, with the legisla-
tive ethics commission for all purposes including, but not limited to,
[subdivision fourteen of] section ninety-four of the executive law,
subdivision nine of section eighty of the legislative law and subdivi-
sion four of this section.
§ 6. Subdivision 1 of section 73-a of the public officers law is
amended by adding a new paragraph (e-1) to read as follows:
(E-1) THE TERM "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH
RESPECT TO ANOTHER PERSON, IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP
OR SIMILAR RELATIONSHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO
THE LAWS OF THE UNITED STATES OR ANY STATE, LOCAL OR FOREIGN JURISDIC-
TION, OR REGISTERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY
REGISTRY MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNI-
CIPALITY, OR FOREIGN JURISDICTION.
§ 7. Subdivision 2 of section 73-a of the public officers law, as
amended by section 5 of part A of chapter 399 of the laws of 2011, is
amended to read as follows:
2. (a) Every statewide elected official, state officer or employee,
member of the legislature, legislative employee and political party
[chairman] CHAIR and every candidate for statewide elected office or for
member of the legislature shall file an annual statement of financial
disclosure containing the information and in the form set forth in
subdivision three of this section. On or before the fifteenth day of May
with respect to the preceding calendar year: (1) every member of the
legislature, every candidate for member of the legislature and legisla-
S. 8006--C 171 A. 9006--C
tive employee shall file such statement with the legislative ethics
commission which shall provide such statement along with any requests
for exemptions or deletions to the [joint] commission on [public] ethics
AND LOBBYING IN GOVERNMENT for filing and rulings with respect to such
requests for exemptions or deletions, on or before the thirtieth day of
June; and (2) all other individuals required to file such statement
shall file it with the [joint] commission on [public] ethics AND LOBBY-
ING IN GOVERNMENT, except that:
(i) a person who is subject to the reporting requirements of this
subdivision and who timely filed with the internal revenue service an
application for automatic extension of time in which to file his or her
individual income tax return for the immediately preceding calendar or
fiscal year shall be required to file such financial disclosure state-
ment on or before May fifteenth but may, without being subjected to any
civil penalty on account of a deficient statement, indicate with respect
to any item of the disclosure statement that information with respect
thereto is lacking but will be supplied in a supplementary statement of
financial disclosure, which shall be filed on or before the seventh day
after the expiration of the period of such automatic extension of time
within which to file such individual income tax return, provided that
failure to file or to timely file such supplementary statement of finan-
cial disclosure or the filing of an incomplete or deficient supplementa-
ry statement of financial disclosure shall be subject to the notice and
penalty provisions of this section respecting annual statements of
financial disclosure as if such supplementary statement were an annual
statement;
(ii) a person who is required to file an annual financial disclosure
statement with the [joint] commission on [public] ethics AND LOBBYING IN
GOVERNMENT, and who is granted an additional period of time within which
to file such statement due to justifiable cause or undue hardship, in
accordance with required rules and regulations [on the subject] adopted
pursuant to [paragraph c of subdivision nine of] section ninety-four of
the executive law shall file such statement within the additional period
of time granted; and the legislative ethics commission shall notify the
[joint] commission on [public] ethics AND LOBBYING IN GOVERNMENT of any
extension granted pursuant to this paragraph;
(iii) candidates for statewide office who receive a party designation
for nomination by a state committee pursuant to section 6-104 of the
election law shall file such statement within ten days after the date of
the meeting at which they are so designated;
(iv) candidates for statewide office who receive twenty-five percent
or more of the vote cast at the meeting of the state committee held
pursuant to section 6-104 of the election law and who demand to have
their names placed on the primary ballot and who do not withdraw within
fourteen days after such meeting shall file such statement within ten
days after the last day to withdraw their names in accordance with the
provisions of such section of the election law;
(v) candidates for statewide office and candidates for member of the
legislature who file party designating petitions for nomination at a
primary election shall file such statement within ten days after the
last day allowed by law for the filing of party designating petitions
naming them as candidates for the next succeeding primary election;
(vi) candidates for independent nomination who have not been desig-
nated by a party to receive a nomination shall file such statement with-
in ten days after the last day allowed by law for the filing of inde-
S. 8006--C 172 A. 9006--C
pendent nominating petitions naming them as candidates in the next
succeeding general or special election;
(vii) candidates who receive the nomination of a party for a special
election shall file such statement within ten days after the date of the
meeting of the party committee at which they are nominated;
(viii) a candidate substituted for another candidate, who fills a
vacancy in a party designation or in an independent nomination, caused
by declination, shall file such statement within ten days after the last
day allowed by law to file a certificate to fill a vacancy in such party
designation or independent nomination;
(ix) with respect to all candidates for member of the legislature, the
legislative ethics commission shall within five days of receipt provide
the [joint] commission on [public] ethics AND LOBBYING IN GOVERNMENT the
statement filed pursuant to subparagraphs (v), (vi), (vii) and (viii) of
this paragraph.
(b) As used in this subdivision, the terms "party", "committee" (when
used in conjunction with the term "party"), "designation", "primary",
"primary election", "nomination", "independent nomination" and "ballot"
shall have the same meanings as those contained in section 1-104 of the
election law.
(c) If the reporting individual is a senator or member of assembly,
candidate for the senate or member of assembly or a legislative employ-
ee, such statement shall be filed with both the legislative ethics
commission established by section eighty of the legislative law and the
[joint] commission on [public] ethics AND LOBBYING IN GOVERNMENT in
accordance with paragraph (d-1) of subdivision one of this section. If
the reporting individual is a statewide elected official, candidate for
statewide elected office, a state officer or employee or a political
party [chairman] CHAIR, such statement shall be filed with the [joint]
commission on [public] ethics AND LOBBYING IN GOVERNMENT established by
section ninety-four of the executive law.
(d) The [joint] commission on [public] ethics AND LOBBYING IN GOVERN-
MENT shall obtain from the state board of elections a list of all candi-
dates for statewide office and for member of the legislature, and from
such list, shall determine and publish a list of those candidates who
have not, within ten days after the required date for filing such state-
ment, filed the statement required by this subdivision.
(e) Any person required to file such statement who commences employ-
ment after May fifteenth of any year and political party [chairman]
CHAIR shall file such statement within thirty days after commencing
employment or of taking the position of political party [chairman]
CHAIR, as the case may be. In the case of members of the legislature and
legislative employees, such statements shall be filed with the legisla-
tive ethics commission within thirty days after commencing employment,
and the legislative ethics commission shall provide such statements to
the [joint] commission on [public] ethics AND LOBBYING IN GOVERNMENT
within forty-five days of receipt.
(f) A person who may otherwise be required to file more than one annu-
al financial disclosure statement with both the [joint] commission on
[public] ethics AND LOBBYING IN GOVERNMENT and the legislative ethics
commission in any one calendar year may satisfy such requirement by
filing one such statement with either body and by notifying the other
body of such compliance.
(g) A person who is employed in more than one employment capacity for
one or more employers certain of whose officers and employees are
subject to filing a financial disclosure statement with the same ethics
S. 8006--C 173 A. 9006--C
commission, as the case may be, and who receives distinctly separate
payments of compensation for such employment shall be subject to the
filing requirements of this section if the aggregate annual compensation
for all such employment capacities is in excess of the filing rate
notwithstanding that such person would not otherwise be required to file
with respect to any one particular employment capacity. A person not
otherwise required to file a financial disclosure statement hereunder
who is employed by an employer certain of whose officers or employees
are subject to filing a financial disclosure statement with the [joint]
commission on [public] ethics AND LOBBYING IN GOVERNMENT and who is also
employed by an employer certain of whose officers or employees are
subject to filing a financial disclosure statement with the legislative
ethics commission shall not be subject to filing such statement with
either such commission on the basis that his aggregate annual compen-
sation from all such employers is in excess of the filing rate.
(h) A statewide elected official or member of the legislature, who is
simultaneously a candidate for statewide elected office or member of the
legislature, shall satisfy the filing deadline requirements of this
subdivision by complying only with the deadline applicable to one who
holds a statewide elected office or who holds the office of member of
the legislature.
(i) A candidate whose name will appear on both a party designating
petition and on an independent nominating petition for the same office
or who will be listed on the election ballot for the same office more
than once shall satisfy the filing deadline requirements of this subdi-
vision by complying with the earliest applicable deadline only.
(j) A member of the legislature who is elected to such office at a
special election prior to May fifteenth in any year shall satisfy the
filing requirements of this subdivision in such year by complying with
the earliest applicable deadline only.
(k) The [joint] commission on [public] ethics AND LOBBYING IN GOVERN-
MENT shall post for at least five years beginning for filings made on
January first, two thousand thirteen the annual statement of financial
disclosure and any amendments filed by each person subject to the
reporting requirements of this subdivision who is an elected official on
its website for public review within thirty days of its receipt of such
statement or within ten days of its receipt of such amendment that
reflects any corrections of deficiencies identified by the commission or
by the reporting individual after the reporting individual's initial
filing. Except upon an individual determination by the commission that
certain information may be deleted from a reporting individual's annual
statement of financial disclosure, none of the information in the state-
ment posted on the commission's website shall be otherwise deleted.
§ 8. Subparagraphs (b), (b-2) and (c) of paragraph 8 of subdivision 3
of section 73-a of the public officers law, as amended by section 6 of
part K of chapter 286 of the laws of 2016, are amended to read as
follows:
(b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN, 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 AND BEFORE DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN:
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
S. 8006--C 174 A. 9006--C
"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 contract in an amount totaling $50,000 or more from the state or
any state agency for services, materials, or property;
(ii) A grant of $25,000 or more from the state or any state agency
during the reporting period;
(iii) A grant obtained through a legislative initiative during the
reporting period; or
(iv) 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 (iv) 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 ON ETHICS AND LOBBYING IN GOVERNMENT pursuant to
[paragraph (i-1) of subdivision nine of] section ninety-four of the
executive law, provided, however, that 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 entering
public office.
Client Nature of Services Provided
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
(b-2) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES
ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
SAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN
CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
(i) With respect to reporting individuals who receive ten thousand
dollars or more from employment or activity reportable under question
S. 8006--C 175 A. 9006--C
8(a), for each client or customer NOT otherwise disclosed or exempted in
question 8 or 13, disclose the name of each client or customer known to
the reporting individual to whom the reporting individual provided
services: (A) who paid the reporting individual in excess of five thou-
sand dollars for such services; or (B) who had been billed with the
knowledge of the reporting individual in excess of five thousand dollars
by the firm or other entity named in question 8(a) for the reporting
individual's services.
Client Services Category of Amount
Actually Provided (in Table I)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF
DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED":
* REVIEWED DOCUMENTS AND CORRESPONDENCE;
* REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING;
* PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
* CONSULTED WITH CLIENT OR CONSULTED WITH LAW PARTNERS/ASSOCIATES/MEMBERS
OF FIRM ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
* PREPARED CERTIFIED FINANCIAL STATEMENT FOR CLIENT (IDENTIFY CLIENT BY
NAME);
* REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR
REPRESENTATION OR CONSULTATION;
* COMMERCIAL BROKERING SERVICES (IDENTIFY CUSTOMER BY NAME);
* PREPARED CERTIFIED ARCHITECTURAL OR ENGINEERING
RENDERINGS FOR CLIENT (IDENTIFY CUSTOMER BY NAME);
* COURT APPOINTED GUARDIAN OR EVALUATOR (IDENTIFY COURT NOT CLIENT).
(ii) With respect to reporting individuals who disclosed in question
8(a) that the reporting individual did not provide services to a client
but provided services to a firm or business, identify the category of
amount received for providing such services and describe the services
rendered.
Services Actually Provided Category of Amount (Table I)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
A reporting individual need not disclose activities performed while
lawfully acting in his or her capacity as provided in paragraphs (c),
(d), (e) and (f) of subdivision seven of section seventy-three of this
article.
The disclosure requirement in questions (b-1) and (b-2) shall not
require disclosing clients or customers receiving medical, pharmaceu-
tical or dental services, mental health services, or residential real
estate brokering services from the reporting individual or his or her
firm or if federal law prohibits or limits disclosure. 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, family court,
estate planning, or domestic relations matters, nor shall the reporting
individual identify individuals represented pursuant to an insurance
policy but the reporting individual shall in such circumstances only
report the entity that provides compensation to the reporting individ-
S. 8006--C 176 A. 9006--C
ual; with respect to matters in which the client's name is required by
law to be kept confidential (such as matters governed by the family
court act) or in matters in which the reporting individual represents or
provides services to minors, the client's name may be replaced with
initials. To the extent that the reporting individual, or his or her
firm, provided legal representation with respect to an initial public
offering, and professional disciplinary rules, federal law or regu-
lations restrict the disclosure of information relating to such work,
the reporting individual shall (i) disclose the identity of the client
and the services provided relating to the initial public offering to the
office of court administration, who will maintain such information
confidentially in a locked box; and (ii) include in his or her response
to questions (b-1) and (b-2) that pursuant to this paragraph, a disclo-
sure to the office of court administration has been made. Upon such time
that the disclosure of information maintained in the locked box is no
longer restricted by professional disciplinary rules, federal law or
regulation, the reporting individual shall disclose such information in
an amended disclosure statement in response to the disclosure require-
ments in questions (b-1) and (b-2). The office of court administration
shall develop and maintain a secure portal through which information
submitted to it pursuant to this paragraph can be safely and confiden-
tially stored. With respect to clients represented in other matters not
otherwise exempt, the reporting individual may request an exemption to
publicly disclosing the name of that client from the [joint] commission
ON ETHICS AND LOBBYING IN GOVERNMENT pursuant to [paragraph (i-1) of
subdivision nine of] section ninety-four of the executive law, or from
the office of court administration. In such application, the reporting
individual shall state the following: "My client is not currently
receiving my services or seeking my services in connection with:
(i) A proposed bill or resolution in the senate or assembly during the
reporting period;
(ii) A contract in an amount totaling $10,000 or more from the state
or any state agency for services, materials, or property;
(iii) A grant of $10,000 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."
In reviewing the request for an exemption, the [joint] commission ON
ETHICS AND LOBBYING IN GOVERNMENT or the office of court administration
may consult with bar or other professional associations and the legisla-
tive ethics commission for individuals subject to its jurisdiction and
may consider the rules of professional conduct. In making its determi-
nation, the [joint] commission ON ETHICS AND LOBBYING IN GOVERNMENT or
the office of court administration shall conduct its own inquiry and
shall consider factors including, but not limited to: (i) the nature and
the size of the client; (ii) whether the client has any business before
the state; and if so, how significant the business is; and whether the
client has any particularized interest in pending legislation and if so
how significant the interest is; (iii) whether disclosure may reveal
trade secrets; (iv) whether disclosure could reasonably result in retal-
iation against the client; (v) whether disclosure may cause undue harm
to the client; (vi) whether disclosure may result in undue harm to the
attorney-client relationship; and (vii) whether disclosure may result in
an unnecessary invasion of privacy to the client.
S. 8006--C 177 A. 9006--C
The [joint] commission ON ETHICS AND LOBBYING IN GOVERNMENT or, as the
case may be, the office of court administration shall promptly make a
final determination in response to such request, which shall include an
explanation for its determination. The office of court administration
shall issue its final determination within three days of receiving the
request. Notwithstanding any other provision of law or any professional
disciplinary rule to the contrary, the disclosure of the identity of any
client or customer in response to this question shall not constitute
professional misconduct or a ground for disciplinary action of any kind,
or form the basis for any civil or criminal cause of action or proceed-
ing. A reporting individual who first enters public office after January
first, two thousand sixteen, 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.
(c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR
NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
SAND FIFTEEN:
If the reporting individual receives income of ten 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 indi-
vidual's business and from whom the reporting individual or firm
received a fee for services in excess of five thousand dollars. Report
only those 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 client,
the registered 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
disclosure requirements in this question shall not require disclosing
clients or customers receiving medical, pharmaceutical or dental
services, mental health services, or residential real estate brokering
services from the reporting individual or his or her firm or if federal
law prohibits or limits disclosure. 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, family court, estate planning, or
domestic relations matters, nor shall the reporting individual identify
individuals represented pursuant to an insurance policy but the report-
ing individual shall in such circumstances only report the entity that
provides compensation to the reporting individual; with respect to
matters in which the client's name is required by law to be kept confi-
dential (such as matters governed by the family court act) or in matters
in which the reporting individual represents or provides services to
minors, the client's name may be replaced with initials. To the extent
that the reporting individual, or his or her firm, provided legal repre-
sentation with respect to an initial public offering, and federal law or
regulations restricts the disclosure of information relating to such
work, the reporting individual shall (i) disclose the identity of the
client and the services provided relating to the initial public offering
to the office of court administration, who will maintain such informa-
S. 8006--C 178 A. 9006--C
tion confidentially in a locked box; and (ii) include in his or her
response a statement that pursuant to this paragraph, a disclosure to
the office of court administration has been made. Upon such time that
the disclosure of information maintained in the locked box is no longer
restricted by federal law or regulation, the reporting individual shall
disclose such information in an amended disclosure statement in response
to the disclosure requirements of this paragraph. The office of court
administration shall develop and maintain a secure portal through which
information submitted to it pursuant to this paragraph can be safely and
confidentially stored. With respect to clients represented in other
matters not otherwise exempt, the reporting individual may request an
exemption to publicly disclosing the name of that client from the
[joint] commission ON ETHICS AND LOBBYING IN GOVERNMENT pursuant to
[paragraph (i-1) of subdivision nine of] section ninety-four of the
executive law, or from the office of court administration. In such
application, the reporting individual shall state the following: "My
client is not currently receiving my services or seeking my services in
connection with:
(i) A proposed bill or resolution in the senate or assembly during the
reporting period;
(ii) A contract in an amount totaling $10,000 or more from the state
or any state agency for services, materials, or property;
(iii) A grant of $10,000 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."
In reviewing the request for an exemption, the [joint] commission ON
ETHICS AND LOBBYING IN GOVERNMENT or the office of court administration
may consult with bar or other professional associations and the legisla-
tive ethics commission for individuals subject to its jurisdiction and
may consider the rules of professional conduct. In making its determi-
nation, the [joint] commission ON ETHICS AND LOBBYING IN GOVERNMENT or
the office of court administration shall conduct its own inquiry and
shall consider factors including, but not limited to: (i) the nature and
the size of the client; (ii) whether the client has any business before
the state; and if so, how significant the business is; and whether the
client has any particularized interest in pending legislation and if so
how significant the interest is; (iii) whether disclosure may reveal
trade secrets; (iv) whether disclosure could reasonably result in retal-
iation against the client; (v) whether disclosure may cause undue harm
to the client; (vi) whether disclosure may result in undue harm to the
attorney-client relationship; and (vii) whether disclosure may result in
an unnecessary invasion of privacy to the client.
The [joint] commission ON ETHICS AND LOBBYING IN GOVERNMENT or, as the
case may be, the office of court administration shall promptly make a
final determination in response to such request, which shall include an
explanation for its determination. The office of court administration
shall issue its final determination within three days of receiving the
request. Notwithstanding any other provision of law or any professional
disciplinary rule to the contrary, the disclosure of the identity of any
client or customer in response to this question shall not constitute
professional misconduct or a ground for disciplinary action of any kind,
or form the basis for any civil or criminal cause of action or proceed-
ing. A reporting individual who first enters public office after Decem-
S. 8006--C 179 A. 9006--C
ber thirty-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 Description Category of Amount
of Matter (in Table 1)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
§ 9. Subdivisions 4 and 7 of section 73-a of the public officers law,
subdivision 4 as amended by section 5 of part A of chapter 399 of the
laws of 2011 and subdivision 7 as added by section 3 of part CC of chap-
ter 56 of the laws of 2015, are amended to read as follows:
4. A reporting individual who knowingly and wilfully fails to file an
annual statement of financial disclosure or who knowingly and wilfully
with intent to deceive makes a false statement or gives information
which such individual knows to be false on such statement of financial
disclosure filed pursuant to this section shall be subject to a civil
penalty in an amount not to exceed forty thousand dollars. Assessment of
a civil penalty hereunder shall be made by the [joint] commission on
[public] ethics AND LOBBYING IN GOVERNMENT or by the legislative ethics
commission, as the case may be, with respect to persons subject to their
respective jurisdictions. The [joint] commission on [public] ethics AND
LOBBYING IN GOVERNMENT acting pursuant to subdivision fourteen of
section ninety-four of the executive law or the legislative ethics
commission acting pursuant to subdivision eleven of section eighty of
the legislative law, as the case may be, may, in lieu of or in addition
to a civil penalty, refer a violation to the appropriate prosecutor and
upon such conviction, but only after such referral, such violation shall
be punishable as a class A misdemeanor. A civil penalty for false filing
may not be imposed hereunder in the event a category of "value" or
"amount" reported hereunder is incorrect unless such reported informa-
tion is falsely understated. Notwithstanding any other provision of law
to the contrary, no other penalty, civil or criminal may be imposed for
a failure to file, or for a false filing, of such statement, except that
the appointing authority may impose disciplinary action as otherwise
provided by law. The [joint] commission on [public] ethics AND LOBBYING
IN GOVERNMENT and the legislative ethics commission shall each be deemed
to be an agency within the meaning of article three of the state admin-
istrative procedure act and shall adopt rules governing the conduct of
adjudicatory proceedings and appeals relating to the assessment of the
civil penalties herein authorized. Such rules, which shall not be
subject to the approval requirements of the state administrative proce-
dure act, shall provide for due process procedural mechanisms substan-
tially similar to those set forth in such article three but such mech-
anisms need not be identical in terms or scope. Assessment of a civil
penalty shall be final unless modified, suspended or vacated within
thirty days of imposition and upon becoming final shall be subject to
review at the instance of the affected reporting individual in a
proceeding commenced against the [joint] commission on [public] ethics
AND LOBBYING IN GOVERNMENT or the legislative ethics commission, pursu-
ant to article seventy-eight of the civil practice law and rules.
7. With respect to an application to either the [joint] commission ON
ETHICS AND LOBBYING IN GOVERNMENT or the office of court administration
S. 8006--C 180 A. 9006--C
for an exemption to disclosing the name of a client or customer in
response to questions 8 (b-1), 8 (b-2) and 8 (c), all information which
is the subject of or a part of such application shall remain confiden-
tial. The name of the client need not be disclosed by the reporting
individual unless and until the [joint] commission ON ETHICS AND LOBBY-
ING IN GOVERNMENT or the office of court administration formally advises
the reporting individual that he or she must disclose such names and the
reporting individual agrees to represent the client. Any commissioner or
person employed by the [joint] commission ON ETHICS AND LOBBYING IN
GOVERNMENT or any person employed by the office of court administration
who, intentionally and without authorization from a court of competent
jurisdiction releases confidential information related to a request for
an exemption received by the commission or the office of court adminis-
tration shall be guilty of a class A misdemeanor.
§ 10. Paragraph (d) of subdivision 1 of section 172-e of the executive
law, as added by section 1 of part F of chapter 286 of the laws of 2016,
is amended to read as follows:
(d) "Recipient entity" shall mean any corporation or entity that is
qualified as an exempt organization or entity by the United States
Department of the Treasury under I.R.C. 501(c)(4) that is required to
file a source of funding report with the [joint] commission on [public]
ethics AND LOBBYING IN GOVERNMENT pursuant to sections one-h and one-j
of the legislative law.
§ 11. The closing paragraph of paragraph 4 of subdivision (c) of
section 1-h of the legislative law, as amended by section 1 of part D of
chapter 286 of the laws of 2016, is amended to read as follows:
The [joint] commission on [public] ethics AND LOBBYING IN GOVERNMENT
shall promulgate regulations to implement these requirements.
§ 12. The closing paragraph of paragraph 4 of subdivision (c) of
section 1-j of the legislative law, as amended by section 2 of part D of
chapter 286 of the laws of 2016, is amended to read as follows:
The [joint] commission on [public] ethics AND LOBBYING IN GOVERNMENT
shall promulgate regulations to implement these requirements.
§ 13. Paragraph (a) of subdivision 1 of section 73 of the public offi-
cers law, as amended by section 1 of part A of chapter 399 of the laws
of 2011, is amended to read as follows:
(a) The term "compensation" shall mean any money, thing of value or
financial benefit conferred in return for services rendered or to be
rendered. With regard to matters undertaken by a firm, corporation or
association, compensation shall mean net revenues, as defined in accord-
ance with generally accepted accounting principles as defined by the
[joint] commission on [public] ethics AND LOBBYING IN GOVERNMENT or
legislative ethics commission in relation to persons subject to their
respective jurisdictions.
§ 14. Subdivision 1 of section 73 of the public officers law is
amended by adding a new paragraph (n) to read as follows:
(N) THE TERM "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT
TO ANOTHER PERSON, IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR
SIMILAR RELATIONSHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE
LAWS OF THE UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDIC-
TION, OR REGISTERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY
REGISTRY MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNI-
CIPALITY, OR FOREIGN JURISDICTION.
§ 15. Paragraph (a) of subdivision 6 of section 73 of the public offi-
cers law, as amended by section 3 of part K of chapter 286 of the laws
of 2016, is amended to read as follows:
S. 8006--C 181 A. 9006--C
(a) Every legislative employee not subject to the provisions of
section seventy-three-a of this chapter shall, on and after December
fifteenth and before the following January fifteenth, in each year, file
with the [joint] commission on [public] ethics AND LOBBYING IN GOVERN-
MENT and the legislative ethics commission a financial disclosure state-
ment of
(1) each financial interest, direct or indirect of himself or herself,
his or her spouse OR DOMESTIC PARTNER and his or her unemancipated chil-
dren under the age of eighteen years in any activity which is subject to
the jurisdiction of a regulatory agency or name of the entity in which
the interest is had and whether such interest is over or under five
thousand dollars in value.
(2) every office and directorship held by him or her in any corpo-
ration, firm or enterprise which is subject to the jurisdiction of a
regulatory agency, including the name of such corporation, firm or
enterprise.
(3) any other interest or relationship which he or she determines in
his or her discretion might reasonably be expected to be particularly
affected by legislative action or in the public interest should be
disclosed.
§ 16. Paragraph (h) of subdivision 8 of section 73 of the public offi-
cers law, as amended by section 10 of part A of chapter 399 of the laws
of 2011, is amended to read as follows:
(h) Notwithstanding the provisions of subparagraphs (i) and (ii) of
paragraph (a) of this subdivision, a former state officer or employee
may contract individually, or as a member or employee of a firm, corpo-
ration or association, to render services to any state agency when the
agency head certifies in writing to the [joint] commission on [public]
ethics AND LOBBYING IN GOVERNMENT that the services of such former offi-
cer or employee are required in connection with the agency's response to
a disaster emergency declared by the governor pursuant to section twen-
ty-eight of the executive law.
§ 17. Subdivisions 8-a, 8-b and 10 of section 73 of the public offi-
cers law, subdivision 8-a as amended by chapter 357 of the laws of 2001,
the opening paragraph of subdivision 8-a as amended by section 11 and
subdivision 8-b as amended by section 12 of part A of chapter 399 of the
laws of 2011, and subdivision 10 as amended by section 5 of part K of
chapter 286 of the laws of 2016, are amended to read as follows:
8-a. The provisions of subparagraphs (i) and (ii) of paragraph (a) of
subdivision eight of this section shall not apply to any such former
state officer or employee engaged in any of the specific permitted
activities defined in this subdivision that are related to any civil
action or proceeding in any state or federal court, provided that the
attorney general has certified in writing to the [joint] commission on
[public] ethics AND LOBBYING IN GOVERNMENT, with a copy to such former
state officer or employee, that the services are rendered on behalf of
the state, a state agency, state officer or employee, or other person or
entity represented by the attorney general, and that such former state
officer or employee has expertise, knowledge or experience which is
unique or outstanding in a field or in a particular matter or which
would otherwise be generally unavailable at a comparable cost to the
state, a state agency, state officer or employee, or other person or
entity represented by the attorney general in such civil action or
proceeding. In those instances where a state agency is not represented
by the attorney general in a civil action or proceeding in state or
federal court, a former state officer or employee may engage in permit-
S. 8006--C 182 A. 9006--C
ted activities provided that the general counsel of the state agency,
after consultation with the [joint] commission on [public] ethics AND
LOBBYING IN GOVERNMENT, provides to the [joint] commission on [public]
ethics AND LOBBYING IN GOVERNMENT a written certification which meets
the requirements of this subdivision. For purposes of this subdivision
the term "permitted activities" shall mean generally any activity
performed at the request of the attorney general or the attorney gener-
al's designee, or in cases where the state agency is not represented by
the attorney general, the general counsel of such state agency, includ-
ing without limitation:
(a) preparing or giving testimony or executing one or more affidavits;
(b) gathering, reviewing or analyzing information, including documen-
tary or oral information concerning facts or opinions, attending deposi-
tions or participating in document review or discovery;
(c) performing investigations, examinations, inspections or tests of
persons, documents or things;
(d) performing audits, appraisals, compilations or computations, or
reporting about them;
(e) identifying information to be sought concerning facts or opinions;
or
(f) otherwise assisting in the preparation for, or conduct of, such
litigation.
Nothing in this subdivision shall apply to the provision of legal
representation by any former state officer or employee.
8-b. Notwithstanding the provisions of subparagraphs (i) and (ii) of
paragraph (a) of subdivision eight of this section, a former state offi-
cer or employee may contract individually, or as a member or employee of
a firm, corporation or association, to render services to any state
agency if, prior to engaging in such service, the agency head certifies
in writing to the [joint] commission on [public] ethics AND LOBBYING IN
GOVERNMENT that such former officer or employee has expertise, knowledge
or experience with respect to a particular matter which meets the needs
of the agency and is otherwise unavailable at a comparable cost. Where
approval of the contract is required under section one hundred twelve of
the state finance law, the comptroller shall review and consider the
reasons for such certification. The [joint] commission on [public]
ethics AND LOBBYING IN GOVERNMENT must review and approve all certif-
ications made pursuant to this subdivision.
10. Nothing contained in this section, the judiciary law, the educa-
tion law or any other law or disciplinary rule shall be construed or
applied to prohibit any firm, association or corporation, in which any
present or former statewide elected official, state officer or employee,
or political party [chairman] CHAIR, member of the legislature or legis-
lative employee is a member, associate, retired member, of counsel or
shareholder, from appearing, practicing, communicating or otherwise
rendering services in relation to any matter before, or transacting
business with a state agency, or a city agency with respect to a poli-
tical party [chairman] CHAIR in a county wholly included in a city with
a population of more than one million, otherwise proscribed by this
section, the judiciary law, the education law or any other law or disci-
plinary rule with respect to such official, member of the legislature or
officer or employee, or political party [chairman] CHAIR, where such
statewide elected official, state officer or employee, member of the
legislature or legislative employee, or political party [chairman] CHAIR
does not share in the net revenues, as defined in accordance with gener-
ally accepted accounting principles by the [joint] commission on
S. 8006--C 183 A. 9006--C
[public] ethics AND LOBBYING IN GOVERNMENT or by the legislative ethics
commission in relation to persons subject to their respective jurisdic-
tions, resulting therefrom, or, acting in good faith, reasonably
believed that he or she would not share in the net revenues as so
defined; nor shall anything contained in this section, the judiciary
law, the education law or any other law or disciplinary rule be
construed to prohibit any firm, association or corporation in which any
present or former statewide elected official, member of the legislature,
legislative employee, full-time salaried state officer or employee or
state officer or employee who is subject to the provisions of section
seventy-three-a of this article is a member, associate, retired member,
of counsel or shareholder, from appearing, practicing, communicating or
otherwise rendering services in relation to any matter before, or trans-
acting business with, the court of claims, where such statewide elected
official, member of the legislature, legislative employee, full-time
salaried state officer or employee or state officer or employee who is
subject to the provisions of section seventy-three-a of this article
does not share in the net revenues, as defined in accordance with gener-
ally accepted accounting principles by the [joint] commission on
[public] ethics AND LOBBYING IN GOVERNMENT or by the legislative ethics
commission in relation to persons subject to their respective jurisdic-
tions, resulting therefrom, or, acting in good faith, reasonably
believed that he or she would not share in the net revenues as so
defined.
§ 18. Subdivision 3 of section 73-a of the public officers law, as
amended by section 5 of part A of chapter 399 of the laws of 2011, para-
graph 8 as amended by section 6 of part K of chapter 286 of the laws of
2016, and paragraph 13 as amended by section 1 of part CC of chapter 56
of the laws of 2015, is amended to read as follows:
3. The annual statement of financial disclosure shall contain the
information and shall be in the form set forth hereinbelow:
ANNUAL STATEMENT OF FINANCIAL DISCLOSURE - (For calendar year ________)
1. Name ______________________________________________________________
2. (a) Title of Position _____________________________________________
(b) Department, Agency or other Governmental Entity _______________
(c) Address of Present Office _____________________________________
(d) Office Telephone Number _______________________________________
3. (a) Marital Status ______________. If married, please give spouse's
full name [including maiden name where applicable].
__________________________________________________________________.
(b) FULL NAME OF DOMESTIC PARTNER (IF APPLICABLE).
_________________________________________________________________ .
(c) List the names of all unemancipated children.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Answer each of the following questions completely, with respect to
calendar year _________, unless another period or date is otherwise
specified. If additional space is needed, attach additional pages.
S. 8006--C 184 A. 9006--C
Whenever a "value" or "amount" is required to be reported herein, such
value or amount shall be reported as being within one of the following
Categories in Table I or Table II of this subdivision as called for in
the question: A reporting individual shall indicate the Category by
letter only.
Whenever "income" is required to be reported herein, the term "income"
shall mean the aggregate net income before taxes from the source identi-
fied.
The term "calendar year" shall mean the year ending the December 31st
preceding the date of filing of the annual statement.
4. (a) List any office, trusteeship, directorship, partnership, or
position of any nature, whether compensated or not, held by the
reporting individual with any firm, corporation, association, part-
nership, or other organization other than the State of New York.
Include compensated honorary positions; do NOT list membership or
uncompensated honorary positions. If the listed entity was licensed
by any state or local agency, was regulated by any state regulatory
agency or local agency, or, as a regular and significant part of the
business or activity of said entity, did business with, or had
matters other than ministerial matters before, any state or local
agency, list the name of any such agency.
State or
Position Organization Local Agency
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(b) List any office, trusteeship, directorship, partnership, or position
of any nature, whether compensated or not, held by the spouse,
DOMESTIC PARTNER or unemancipated child of the reporting individual,
with any firm, corporation, association, partnership, or other
organization other than the State of New York. Include compensated
honorary positions; do NOT list membership or uncompensated honorary
positions. If the listed entity was licensed by any state or local
agency, was regulated by any state regulatory agency or local agen-
cy, or, as a regular and significant part of the business or activ-
ity of said entity, did business with, or had matters other than
ministerial matters before, any state or local agency, list the name
of any such agency.
State or
Position Organization Local Agency
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
5. (a) List the name, address and description of any occupation,
employment (other than the employment listed under Item 2 above),
S. 8006--C 185 A. 9006--C
trade, business or profession engaged in by the reporting individ-
ual. If such activity was licensed by any state or local agency, was
regulated by any state regulatory agency or local agency, or, as a
regular and significant part of the business or activity of said
entity, did business with, or had matters other than ministerial
matters before, any state or local agency, list the name of any such
agency.
State or
Name & Address Local
Position of Organization Description Agency
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(b) If the spouse, DOMESTIC PARTNER or unemancipated child of the
reporting individual was engaged in any occupation, employment,
trade, business or profession which activity was licensed by any
state or local agency, was regulated by any state regulatory agency
or local agency, or, as a regular and significant part of the busi-
ness or activity of said entity, did business with, or had matters
other than ministerial matters before, any state or local agency,
list the name, address and description of such occupation, employ-
ment, trade, business or profession and the name of any such agency.
State or
Name & Address Local
Position of Organization Description Agency
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
6. List any interest, in EXCESS of $1,000, held by the reporting indi-
vidual, such individual's spouse, DOMESTIC PARTNER or unemancipated
child, or partnership of which any such person is a member, or
corporation, 10% or more of the stock of which is owned or
controlled by any such person, whether vested or contingent, in any
contract made or executed by a state or local agency and include the
name of the entity which holds such interest and the relationship of
the reporting individual or such individual's spouse, DOMESTIC PART-
NER or such child to such entity and the interest in such contract.
Do NOT include bonds and notes. Do NOT list any interest in any such
contract on which final payment has been made and all obligations
under the contract except for guarantees and warranties have been
performed, provided, however, that such an interest must be listed
if there has been an ongoing dispute during the calendar year for
which this statement is filed with respect to any such guarantees or
warranties. Do NOT list any interest in a contract made or executed
by a local agency after public notice and pursuant to a process for
S. 8006--C 186 A. 9006--C
competitive bidding or a process for competitive requests for
proposals.
Entity Relationship Contracting Category
Self, Which Held to Entity State or of
Spouse, Interest in and Interest Local Value of
DOMESTIC Contract in Contract Agency Contract
PARTNER or
Child (In Table II)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
7. List any position the reporting individual held as an officer of any
political party or political organization, as a member of any poli-
tical party committee, or as a political party district leader. The
term "party" shall have the same meaning as "party" in the election
law. The term "political organization" means any party or independ-
ent body as defined in the election law or any organization that is
affiliated with or a subsidiary of a party or independent body.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
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, describe the services rendered for
which compensation was paid including a general description of the prin-
cipal subject areas of matters undertaken by such individual and princi-
pal duties performed. Specifically state whether the reporting individ-
ual provides services directly to clients. 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 corpo-
ration.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR NEW MATTERS FOR EXISTING
CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON
S. 8006--C 187 A. 9006--C
OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN:
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 contract in an amount totaling $50,000 or more from the state or
any state agency for services, materials, or property;
(ii) A grant of $25,000 or more from the state or any state agency
during the reporting period;
(iii) A grant obtained through a legislative initiative during the
reporting period; or
(iv) 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 (iv) 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-1) of subdivision nine of]
section ninety-four of the executive law, provided, however, that 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 entering public office.
Client Nature of Services Provided
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
(b-1) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES
ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
S. 8006--C 188 A. 9006--C
SAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN
CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
If the reporting individual receives income from employment reportable
in question 8(a) and personally provides services to any person or enti-
ty, or works as a member or employee of a partnership or corporation
that provides such services (referred to hereinafter as a "firm"), the
reporting individual shall 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 in direct connection with:
(i) A contract in an amount totaling $10,000 or more from the state or
any state agency for services, materials, or property;
(ii) A grant of $10,000 or more from the state or any state agency
during the reporting period;
(iii) A grant obtained through a legislative initiative during the
reporting period; or
(iv) A case, proceeding, application or other matter that is not a
ministerial matter before a state agency during the reporting period.
For such services rendered by the reporting individual directly to
each such client, describe each matter that was the subject of such
representation, the services actually provided and the payment received.
For payments received from clients referred to the firm by the reporting
individual, if the reporting individual directly received a referral fee
or fees for such referral, identify the client and the payment so
received.
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
having knowingly solicited or directed 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 clauses (i) through (iv) of this subparagraph, as the result
of such procurement, solicitation or direction of the reporting individ-
ual. A reporting individual need not disclose activities performed while
lawfully acting in his or her capacity as provided in paragraphs (c),
(d), (e) and (f) of subdivision seven of section seventy-three of this
article.
Client Matter Nature of Services Provided Category
of Amount
(in Table I)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
(b-2) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES
ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
SAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN
CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
(i) With respect to reporting individuals who receive ten thousand
dollars or more from employment or activity reportable under question
S. 8006--C 189 A. 9006--C
8(a), for each client or customer NOT otherwise disclosed or exempted in
question 8 or 13, disclose the name of each client or customer known to
the reporting individual to whom the reporting individual provided
services: (A) who paid the reporting individual in excess of five thou-
sand dollars for such services; or (B) who had been billed with the
knowledge of the reporting individual in excess of five thousand dollars
by the firm or other entity named in question 8(a) for the reporting
individual's services.
Client Services Category of Amount
Actually Provided (in Table I)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF
DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED":
* REVIEWED DOCUMENTS AND CORRESPONDENCE;
* REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING;
* PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
* CONSULTED WITH CLIENT OR CONSULTED WITH LAW PARTNERS/ASSOCIATES/MEMBERS
OF FIRM ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
* PREPARED CERTIFIED FINANCIAL STATEMENT FOR CLIENT (IDENTIFY CLIENT BY
NAME);
* REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR
REPRESENTATION OR CONSULTATION;
* COMMERCIAL BROKERING SERVICES (IDENTIFY CUSTOMER BY NAME);
* PREPARED CERTIFIED ARCHITECTURAL OR ENGINEERING
RENDERINGS FOR CLIENT (IDENTIFY CUSTOMER BY NAME);
* COURT APPOINTED GUARDIAN OR EVALUATOR (IDENTIFY COURT NOT CLIENT).
(ii) With respect to reporting individuals who disclosed in question
8(a) that the reporting individual did not provide services to a client
but provided services to a firm or business, identify the category of
amount received for providing such services and describe the services
rendered.
Services Actually Provided Category of Amount (Table I)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
A reporting individual need not disclose activities performed while
lawfully acting in his or her capacity as provided in paragraphs (c),
(d), (e) and (f) of subdivision seven of section seventy-three of this
article.
The disclosure requirement in questions (b-1) and (b-2) shall not
require disclosing clients or customers receiving medical, pharmaceu-
tical or dental services, mental health services, or residential real
estate brokering services from the reporting individual or his or her
firm or if federal law prohibits or limits disclosure. 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, family court,
estate planning, or domestic relations matters, nor shall the reporting
individual identify individuals represented pursuant to an insurance
policy but the reporting individual shall in such circumstances only
report the entity that provides compensation to the reporting individ-
S. 8006--C 190 A. 9006--C
ual; with respect to matters in which the client's name is required by
law to be kept confidential (such as matters governed by the family
court act) or in matters in which the reporting individual represents or
provides services to minors, the client's name may be replaced with
initials. To the extent that the reporting individual, or his or her
firm, provided legal representation with respect to an initial public
offering, and professional disciplinary rules, federal law or regu-
lations restrict the disclosure of information relating to such work,
the reporting individual shall (i) disclose the identity of the client
and the services provided relating to the initial public offering to the
office of court administration, who will maintain such information
confidentially in a locked box; and (ii) include in his or her response
to questions (b-1) and (b-2) that pursuant to this paragraph, a disclo-
sure to the office of court administration has been made. Upon such time
that the disclosure of information maintained in the locked box is no
longer restricted by professional disciplinary rules, federal law or
regulation, the reporting individual shall disclose such information in
an amended disclosure statement in response to the disclosure require-
ments in questions (b-1) and (b-2). The office of court administration
shall develop and maintain a secure portal through which information
submitted to it pursuant to this paragraph can be safely and confiden-
tially stored. With respect to clients represented in other matters not
otherwise exempt, the reporting individual may request an exemption to
publicly disclosing the name of that client from the [joint] commission
pursuant to [paragraph (i-1) of subdivision nine of] section ninety-four
of the executive law, or from the office of court administration. In
such application, the reporting individual shall state the following:
"My client is not currently receiving my services or seeking my services
in connection with:
(i) A proposed bill or resolution in the senate or assembly during the
reporting period;
(ii) A contract in an amount totaling $10,000 or more from the state
or any state agency for services, materials, or property;
(iii) A grant of $10,000 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."
In reviewing the request for an exemption, the [joint] commission or
the office of court administration may consult with bar or other profes-
sional associations and the legislative ethics commission for individ-
uals subject to its jurisdiction and may consider the rules of profes-
sional conduct. In making its determination, the [joint] commission or
the office of court administration shall conduct its own inquiry and
shall consider factors including, but not limited to: (i) the nature and
the size of the client; (ii) whether the client has any business before
the state; and if so, how significant the business is; and whether the
client has any particularized interest in pending legislation and if so
how significant the interest is; (iii) whether disclosure may reveal
trade secrets; (iv) whether disclosure could reasonably result in retal-
iation against the client; (v) whether disclosure may cause undue harm
to the client; (vi) whether disclosure may result in undue harm to the
attorney-client relationship; and (vii) whether disclosure may result in
an unnecessary invasion of privacy to the client.
S. 8006--C 191 A. 9006--C
The [joint] commission or, as the case may be, the office of court
administration shall promptly make a final determination in response to
such request, which shall include an explanation for its determination.
The office of court administration shall issue its final determination
within three days of receiving the request. Notwithstanding any other
provision of law or any professional disciplinary rule to the contrary,
the disclosure of the identity of any client or customer in response to
this question shall not constitute professional misconduct or a ground
for disciplinary action of any kind, or form the basis for any civil or
criminal cause of action or proceeding. A reporting individual who first
enters public office after January first, two thousand sixteen, 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.
(c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR
NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
SAND FIFTEEN:
If the reporting individual receives income of ten 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 indi-
vidual's business and from whom the reporting individual or firm
received a fee for services in excess of five thousand dollars. Report
only those 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 client,
the registered 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
disclosure requirements in this question shall not require disclosing
clients or customers receiving medical, pharmaceutical or dental
services, mental health services, or residential real estate brokering
services from the reporting individual or his or her firm or if federal
law prohibits or limits disclosure. 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, family court, estate planning, or
domestic relations matters, nor shall the reporting individual identify
individuals represented pursuant to an insurance policy but the report-
ing individual shall in such circumstances only report the entity that
provides compensation to the reporting individual; with respect to
matters in which the client's name is required by law to be kept confi-
dential (such as matters governed by the family court act) or in matters
in which the reporting individual represents or provides services to
minors, the client's name may be replaced with initials. To the extent
that the reporting individual, or his or her firm, provided legal repre-
sentation with respect to an initial public offering, and federal law or
regulations restricts the disclosure of information relating to such
work, the reporting individual shall (i) disclose the identity of the
client and the services provided relating to the initial public offering
to the office of court administration, who will maintain such informa-
S. 8006--C 192 A. 9006--C
tion confidentially in a locked box; and (ii) include in his or her
response a statement that pursuant to this paragraph, a disclosure to
the office of court administration has been made. Upon such time that
the disclosure of information maintained in the locked box is no longer
restricted by federal law or regulation, the reporting individual shall
disclose such information in an amended disclosure statement in response
to the disclosure requirements of this paragraph. The office of court
administration shall develop and maintain a secure portal through which
information submitted to it pursuant to this paragraph can be safely and
confidentially stored. With respect to clients represented in other
matters not otherwise exempt, the reporting individual may request an
exemption to publicly disclosing the name of that client from the
[joint] commission pursuant to [paragraph (i-1) of subdivision nine of]
section ninety-four of the executive law, or from the office of court
administration. In such application, the reporting individual shall
state the following: "My client is not currently receiving my services
or seeking my services in connection with:
(i) A proposed bill or resolution in the senate or assembly during the
reporting period;
(ii) A contract in an amount totaling $10,000 or more from the state
or any state agency for services, materials, or property;
(iii) A grant of $10,000 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."
In reviewing the request for an exemption, the [joint] commission or
the office of court administration may consult with bar or other profes-
sional associations and the legislative ethics commission for individ-
uals subject to its jurisdiction and may consider the rules of profes-
sional conduct. In making its determination, the [joint] commission or
the office of court administration shall conduct its own inquiry and
shall consider factors including, but not limited to: (i) the nature and
the size of the client; (ii) whether the client has any business before
the state; and if so, how significant the business is; and whether the
client has any particularized interest in pending legislation and if so
how significant the interest is; (iii) whether disclosure may reveal
trade secrets; (iv) whether disclosure could reasonably result in retal-
iation against the client; (v) whether disclosure may cause undue harm
to the client; (vi) whether disclosure may result in undue harm to the
attorney-client relationship; and (vii) whether disclosure may result in
an unnecessary invasion of privacy to the client.
The [joint] commission or, as the case may be, the office of court
administration shall promptly make a final determination in response to
such request, which shall include an explanation for its determination.
The office of court administration shall issue its final determination
within three days of receiving the request. Notwithstanding any other
provision of law or any professional disciplinary rule to the contrary,
the disclosure of the identity of any client or customer in response to
this question shall not constitute professional misconduct or a ground
for disciplinary action of any kind, or form the basis for any civil or
criminal cause of action or proceeding. A reporting individual who first
enters public office after December thirty-first, two thousand fifteen,
need not report clients or customers with respect to matters for which
S. 8006--C 193 A. 9006--C
the reporting individual or his or her firm was retained prior to enter-
ing public office.
Client Name of Lobbyist Description Category of Amount
of Matter (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 OR DOMESTIC PARTNER had an
investment in excess of $1,000 excluding investments in securities and
interests in real property.
9. List each source of gifts, EXCLUDING campaign contributions, in
EXCESS of $1,000, received during the reporting period for which this
statement is filed by the reporting individual or such individual's
spouse, DOMESTIC PARTNER or unemancipated child from the same donor,
EXCLUDING gifts from a relative. INCLUDE the name and address of the
donor. The term "gifts" does not include reimbursements, which term is
defined in item 10. Indicate the value and nature of each such gift.
Category
Self, of
Spouse, Name of Nature Value of
DOMESTIC Donor Address of Gift Gift
PARTNER (In Table I)
or Child
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
10. Identify and briefly describe the source of any reimbursements for
expenditures, EXCLUDING campaign expenditures and expenditures in
connection with official duties reimbursed by the state, in EXCESS
of $1,000 from each such source. For purposes of this item, the term
"reimbursements" shall mean any travel-related expenses provided by
nongovernmental sources and for activities related to the reporting
individual's official duties such as, speaking engagements, confer-
ences, or factfinding events. The term "reimbursements" does NOT
include gifts reported under item 9.
Source Description
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
S. 8006--C 194 A. 9006--C
11. List the identity and value, if reasonably ascertainable, of each
interest in a trust, estate or other beneficial interest, including
retirement plans (other than retirement plans of the state of New
York or the city of New York), and deferred compensation plans
(e.g., 401, 403(b), 457, etc.) established in accordance with the
internal revenue code, in which the REPORTING INDIVIDUAL held a
beneficial interest in EXCESS of $1,000 at any time during the
preceding year. Do NOT report interests in a trust, estate or other
beneficial interest established by or for, or the estate of, a rela-
tive.
Category
Identity of Value*
(In Table II)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
* The value of such interest shall be reported only if reasonably
ascertainable.
12. (a) Describe the terms of, and the parties to, any contract, prom-
ise, or other agreement between the reporting individual and any
person, firm, or corporation with respect to the employment of such
individual after leaving office or position (other than a leave of
absence).
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(b) Describe the parties to and the terms of any agreement providing
for continuation of payments or benefits to the REPORTING INDIVIDUAL
in EXCESS of $1,000 from a prior employer OTHER THAN the State.
(This includes interests in or contributions to a pension fund,
profit-sharing plan, or life or health insurance; buy-out agree-
ments; severance payments; etc.)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
13. List below the nature and amount of any income in EXCESS of $1,000
from EACH SOURCE for the reporting individual and such individual's
spouse OR DOMESTIC PARTNER for the taxable year last occurring prior
to the date of filing. Each such source must be described with
particularity. Nature of income includes, but is not limited to, all
income (other than that received from the employment listed under
Item 2 above) from compensated employment whether public or private,
directorships and other fiduciary positions, contractual arrange-
S. 8006--C 195 A. 9006--C
ments, teaching income, partnerships, honorariums, lecture fees,
consultant fees, bank and bond interest, dividends, income derived
from a trust, real estate rents, and recognized gains from the sale
or exchange of real or other property. Income from a business or
profession and real estate rents shall be reported with the source
identified by the building address in the case of real estate rents
and otherwise by the name of the entity and not by the name of the
individual customers, clients or tenants, with the aggregate net
income before taxes for each building address or entity. The
receipt of maintenance received in connection with a matrimonial
action, alimony and child support payments shall not be listed.
Self/ Category
Spouse Source Nature of Amount
OR DOMESTIC (In Table I)
PARTNER
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
14. List the sources of any deferred income (not retirement income) in
EXCESS of $1,000 from each source to be paid to the reporting indi-
vidual following the close of the calendar year for which this
disclosure statement is filed, other than deferred compensation
reported in item 11 hereinabove. Deferred income derived from the
practice of a profession shall be listed in the aggregate and shall
identify as the source, the name of the firm, corporation, partner-
ship or association through which the income was derived, but shall
not identify individual clients.
Category
Source of Amount
(In Table I)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
15. List each assignment of income in EXCESS of $1,000, and each trans-
fer other than to a relative during the reporting period for which
this statement is filed for less than fair consideration of an
interest in a trust, estate or other beneficial interest, securities
or real property, by the reporting individual, in excess of $1,000,
which would otherwise be required to be reported herein and is not
or has not been so reported.
Item Assigned Assigned or Category
or Transferred Transferred to of Value
(In Table I)
S. 8006--C 196 A. 9006--C
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
16. List below the type and market value of securities held by the
reporting individual or such individual's spouse OR DOMESTIC PARTNER
from each issuing entity in EXCESS of $1,000 at the close of the
taxable year last occurring prior to the date of filing, including
the name of the issuing entity exclusive of securities held by the
reporting individual issued by a professional corporation. Whenever
an interest in securities exists through a beneficial interest in a
trust, the securities held in such trust shall be listed ONLY IF the
reporting individual has knowledge thereof except where the report-
ing individual or the reporting individual's spouse OR DOMESTIC
PARTNER has transferred assets to such trust for his or her benefit
in which event such securities shall be listed unless they are not
ascertainable by the reporting individual because the trustee is
under an obligation or has been instructed in writing not to
disclose the contents of the trust to the reporting individual.
Securities of which the reporting individual or the reporting indi-
vidual's spouse OR DOMESTIC PARTNER is the owner of record but in
which such individual or the reporting individual's spouse OR DOMES-
TIC PARTNER has no beneficial interest shall not be listed. Indi-
cate percentage of ownership ONLY if the reporting person or the
reporting person's spouse OR DOMESTIC PARTNER holds more than five
percent (5%) of the stock of a corporation in which the stock is
publicly traded or more than ten percent (10%) of the stock of a
corporation in which the stock is NOT publicly traded. Also list
securities owned for investment purposes by a corporation more than
fifty percent (50%) of the stock of which is owned or controlled by
the reporting individual or such individual's spouse OR DOMESTIC
PARTNER. For the purpose of this item the term "securities" shall
mean mutual funds, bonds, mortgages, notes, obligations, warrants
and stocks of any class, investment interests in limited or general
partnerships and certificates of deposits (CDs) and such other
evidences of indebtedness and certificates of interest as are usual-
ly referred to as securities. The market value for such securities
shall be reported only if reasonably ascertainable and shall not be
reported if the security is an interest in a general partnership
that was listed in item 8 (a) or if the security is corporate stock,
NOT publicly traded, in a trade or business of a reporting individ-
ual or a reporting individual's spouse OR DOMESTIC PARTNER.
Percentage
of corporate
stock owned
or controlled Category of
(if more than Market Value
5% of pub- as of the close
licly traded of the
stock, or taxable year
more than last occurring
S. 8006--C 197 A. 9006--C
10% if stock prior to
Self/ Issuing Type of not publicly the filing of
Spouse Entity Security traded, is held) this statement
OR (In Table II)
DOMESTIC
PARTNER
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
17. List below the location, size, general nature, acquisition date,
market value and percentage of ownership of any real property in
which any vested or contingent interest in EXCESS of $1,000 is held
by the reporting individual or the reporting individual's spouse OR
DOMESTIC PARTNER. Also list real property owned for investment
purposes by a corporation more than fifty percent (50%) of the stock
of which is owned or controlled by the reporting individual or such
individual's spouse OR DOMESTIC PARTNER. Do NOT list any real prop-
erty which is the primary or secondary personal residence of the
reporting individual or the reporting individual's spouse OR DOMES-
TIC PARTNER, except where there is a co-owner who is other than a
relative.
Self/ Percentage Category
Spouse/ General Acquisition of of Market
DOMESTIC Nature Date Ownership Value
PARTNER (In
Corporation Location Size Table II)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
18. List below all notes and accounts receivable, other than from goods
or services sold, held by the reporting individual at the close of
the taxable year last occurring prior to the date of filing and
other debts owed to such individual at the close of the taxable year
last occurring prior to the date of filing, in EXCESS of $1,000,
including the name of the debtor, type of obligation, date due and
the nature of the collateral securing payment of each, if any,
excluding securities reported in item 16 hereinabove. Debts, notes
and accounts receivable owed to the individual by a relative shall
not be reported.
Type of Obligation, Category
Date Due, and Nature of
Name of Debtor of Collateral, if any Amount
(In Table II)
____________________________________________________________________
____________________________________________________________________
S. 8006--C 198 A. 9006--C
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
19. List below all liabilities of the reporting individual and such
individual's spouse OR DOMESTIC PARTNER, in EXCESS of $10,000 as of
the date of filing of this statement, other than liabilities to a
relative. Do NOT list liabilities incurred by, or guarantees made
by, the reporting individual or such individual's spouse OR DOMESTIC
PARTNER or by any proprietorship, partnership or corporation in
which the reporting individual or such individual's spouse OR DOMES-
TIC PARTNER has an interest, when incurred or made in the ordinary
course of the trade, business or professional practice of the
reporting individual or such individual's spouse OR DOMESTIC
PARTNER. Include the name of the creditor and any collateral
pledged by such individual to secure payment of any such liability.
A reporting individual shall not list any obligation to pay mainte-
nance in connection with a matrimonial action, alimony or child
support payments. Any loan issued in the ordinary course of business
by a financial institution to finance educational costs, the cost of
home purchase or improvements for a primary or secondary residence,
or purchase of a personally owned motor vehicle, household furniture
or appliances shall be excluded. If any such reportable liability
has been guaranteed by any third person, list the liability and name
the guarantor.
Category
Name of Creditor Type of Liability of
or Guarantor and Collateral, if any Amount
(In Table II)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
The requirements of law relating to the reporting of financial
interests are in the public interest and no adverse inference of
unethical or illegal conduct or behavior will be drawn merely from
compliance with these requirements.
___________________________________ _________________________
(Signature of Reporting Individual) Date (month/day/year)
TABLE I
Category A none
Category B $ 1 to under $ 1,000
Category C $ 1,000 to under $ 5,000
Category D $ 5,000 to under $ 20,000
Category E $ 20,000 to under $ 50,000
Category F $ 50,000 to under $ 75,000
Category G $ 75,000 to under $ 100,000
Category H $ 100,000 to under $ 150,000
Category I $ 150,000 to under $ 250,000
Category J $ 250,000 to under $ 350,000
S. 8006--C 199 A. 9006--C
Category K $ 350,000 to under $ 450,000
Category L $ 450,000 to under $ 550,000
Category M $ 550,000 to under $ 650,000
Category N $ 650,000 to under $ 750,000
Category O $ 750,000 to under $ 850,000
Category P $ 850,000 to under $ 950,000
Category Q $ 950,000 to under $1,050,000
Category R $1,050,000 to under $1,150,000
Category S $1,150,000 to under $1,250,000
Category T $1,250,000 to under $1,350,000
Category U $1,350,000 to under $1,450,000
Category V $1,450,000 to under $1,550,000
Category W $1,550,000 to under $1,650,000
Category X $1,650,000 to under $1,750,000
Category Y $1,750,000 to under $1,850,000
Category Z $1,850,000 to under $1,950,000
Category AA $1,950,000 to under $2,050,000
Category BB $2,050,000 to under $2,150,000
Category CC $2,150,000 to under $2,250,000
Category DD $2,250,000 to under $2,350,000
Category EE $2,350,000 to under $2,450,000
Category FF $2,450,000 to under $2,550,000
Category GG $2,550,000 to under $2,650,000
Category HH $2,650,000 to under $2,750,000
Category II $2,750,000 to under $2,850,000
Category JJ $2,850,000 to under $2,950,000
Category KK $2,950,000 to under $3,050,000
Category LL $3,050,000 to under $3,150,000
Category MM $3,150,000 to under $3,250,000
Category NN $3,250,000 to under $3,350,000
Category OO $3,350,000 to under $3,450,000
Category PP $3,450,000 to under $3,550,000
Category QQ $3,550,000 to under $3,650,000
Category RR $3,650,000 to under $3,750,000
Category SS $3,750,000 to under $3,850,000
Category TT $3,850,000 to under $3,950,000
Category UU $3,950,000 to under $4,050,000
Category VV $4,050,000 to under $4,150,000
Category WW $4,150,000 to under $4,250,000
Category XX $4,250,000 to under $4,350,000
Category YY $4,350,000 to under $4,450,000
Category ZZ $4,450,000 to under $4,550,000
Category AAA $4,550,000 to under $4,650,000
Category BBB $4,650,000 to under $4,750,000
Category CCC $4,750,000 to under $4,850,000
Category DDD $4,850,000 to under $4,950,000
Category EEE $4,950,000 to under $5,050,000
Category FFF $5,050,000 to under $5,150,000
Category GGG $5,150,000 to under $5,250,000
Category HHH $5,250,000 to under $5,350,000
Category III $5,350,000 to under $5,450,000
Category JJJ $5,450,000 to under $5,550,000
Category KKK $5,550,000 to under $5,650,000
Category LLL $5,650,000 to under $5,750,000
Category MMM $5,750,000 to under $5,850,000
Category NNN [$5,580,000] $5,850,000 to under $5,950,000
S. 8006--C 200 A. 9006--C
Category OOO $5,950,000 to under $6,050,000
Category PPP $6,050,000 to under $6,150,000
Category QQQ $6,150,000 to under $6,250,000
Category RRR $6,250,000 to under $6,350,000
Category SSS $6,350,000 to under $6,450,000
Category TTT $6,450,000 to under $6,550,000
Category UUU $6,550,000 to under $6,650,000
Category VVV $6,650,000 to under $6,750,000
Category WWW $6,750,000 to under $6,850,000
Category XXX $6,850,000 to under $6,950,000
Category YYY $6,950,000 to under $7,050,000
Category ZZZ $7,050,000 to under $7,150,000
Category AAAA $7,150,000 to under $7,250,000
Category BBBB $7,250,000 to under $7,350,000
Category CCCC $7,350,000 to under $7,450,000
Category DDDD $7,450,000 to under $7,550,000
Category EEEE $7,550,000 to under $7,650,000
Category FFFF $7,650,000 to under $7,750,000
Category GGGG $7,750,000 to under $7,850,000
Category HHHH $7,850,000 to under $7,950,000
Category IIII $7,950,000 to under $8,050,000
Category JJJJ $8,050,000 to under $8,150,000
Category KKKK $8,150,000 to under $8,250,000
Category LLLL $8,250,000 to under $8,350,000
Category MMMM $8,350,000 to under $8,450,000
Category NNNN $8,450,000 to under $8,550,000
Category OOOO $8,550,000 to under $8,650,000
Category PPPP $8,650,000 to under $8,750,000
Category QQQQ $8,750,000 to under $8,850,000
Category RRRR $8,850,000 to under $8,950,000
Category SSSS $8,950,000 to under $9,050,000
Category TTTT $9,050,000 to under $9,150,000
Category UUUU $9,150,000 to under $9,250,000
Category VVVV $9,250,000 to under $9,350,000
Category WWWW $9,350,000 to under $9,450,000
Category XXXX $9,450,000 to under $9,550,000
Category YYYY $9,550,000 to under $9,650,000
Category ZZZZ $9,650,000 to under $9,750,000
Category AAAAA $9,750,000 to under $9,850,000
Category BBBBB $9,850,000 to under $9,950,000
Category CCCCC $9,950,000 to under $10,000,000
Category DDDDD $10,000,000 or over
TABLE II
Category A none
Category B $ 1 to under $ 1,000
Category C $ 1,000 to under $ 5,000
Category D $ 5,000 to under $ 20,000
Category E $ 20,000 to under $ 50,000
Category F $ 50,000 to under $ 75,000
Category G $ 75,000 to under $ 100,000
Category H $ 100,000 to under $ 150,000
Category I $ 150,000 to under $ 250,000
Category J $ 250,000 to under $ 500,000
Category K $ 500,000 to under $ 750,000
Category L $ 750,000 to under $1,000,000
S. 8006--C 201 A. 9006--C
Category M $1,000,000 to under $1,250,000
Category N $1,250,000 to under $1,500,000
Category O $1,500,000 to under $1,750,000
Category P $1,750,000 to under $2,000,000
Category Q $2,000,000 to under $2,250,000
Category R $2,250,000 to under $2,500,000
Category S $2,500,000 to under $2,750,000
Category T $2,750,000 to under $3,000,000
Category U $3,000,000 to under $3,250,000
Category V $3,250,000 to under $3,500,000
Category W $3,500,000 to under $3,750,000
Category X $3,750,000 to under $4,000,000
Category Y $4,000,000 to under $4,250,000
Category Z $4,250,000 to under $4,500,000
Category AA $4,500,000 to under $4,750,000
Category BB $4,750,000 to under $5,000,000
Category CC $5,000,000 to under $5,250,000
Category DD $5,250,000 to under $5,500,000
Category EE $5,500,000 to under $5,750,000
Category FF $5,750,000 to under $6,000,000
Category GG $6,000,000 to under $6,250,000
Category HH $6,250,000 to under $6,500,000
Category II $6,500,000 to under $6,750,000
Category JJ $6,750,000 to under $7,000,000
Category KK $7,000,000 to under $7,250,000
Category LL $7,250,000 to under $7,500,000
Category MM $7,500,000 to under $7,750,000
Category NN $7,750,000 to under $8,000,000
Category OO $8,000,000 to under $8,250,000
Category PP $8,250,000 to under $8,500,000
Category QQ $8,500,000 to under $8,750,000
Category RR $8,750,000 to under $9,000,000
Category SS $9,000,000 to under $9,250,000
Category TT $9,250,000 to under $9,500,000
Category UU $9,500,000 or over
§ 19. This act shall take effect on the ninetieth day after it shall
have become a law.
PART RR
Section 1. The opening paragraph and subdivisions 1 and 2 of section
1306 of the racing, pari-mutuel wagering and breeding law, the opening
paragraph as amended by chapter 243 of the laws of 2020 and subdivisions
1 and 2 as added by chapter 174 of the laws of 2013, are amended to read
as follows:
The New York state gaming facility location board shall select,
following a competitive process and subject to the restrictions of this
article, no more than [four] SEVEN entities to apply to the commission
for gaming facility licenses; PROVIDED HOWEVER, THAT NO MORE THAN THREE
GAMING FACILITIES SHALL BE LOCATED IN ZONE ONE. In exercising its
authority, the board shall have all powers necessary or convenient to
fully carry out and effectuate its purposes including, but not limited
to, the following powers. The board shall:
1. issue a request for applications for zone ONE OR two gaming facili-
ty licenses pursuant to section one thousand three hundred twelve OR
SECTION ONE THOUSAND THREE HUNDRED TWENTY-ONE-B of this article;
S. 8006--C 202 A. 9006--C
2. assist the commission in prescribing the form of the application
for zone ONE OR two gaming facility licenses including information to be
furnished by an applicant concerning an applicant's antecedents, habits,
character, associates, criminal record, business activities and finan-
cial affairs, past or present pursuant to section one thousand three
hundred thirteen OR SECTION ONE THOUSAND THREE HUNDRED TWENTY-ONE-C of
this article;
§ 2. Subparagraph 2 of paragraph (a) of subdivision 2 of section 1310
of the racing, pari-mutuel wagering and breeding law, as added by chap-
ter 174 of the laws of 2013, is amended to read as follows:
(2) Region two shall consist of Bronx, Kings, New York, Queens and
Richmond counties[. No gaming facility shall be authorized in region
two]; and
§ 3. The title heading of title 2 of article 13 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:
FACILITY DETERMINATION AND LICENSING: UPSTATE GAMING FACILITIES
§ 4. Section 1310 of title 2 of article 13 of the racing, pari-mutuel
wagering and breeding law is redesignated section 1310 of title 1 of
such article.
§ 5. Subdivisions 1 and 3 of section 1311 of the racing, pari-mutuel
wagering and breeding law, subdivision 1 as amended by chapter 175 of
the laws of 2013 and subdivision 3 as added by section 6 of part Y of
chapter 59 of the laws of 2021, are amended to read as follows:
1. The commission is authorized to award up to four gaming facility
licenses, in regions one, two and five of zone two. The duration of such
initial license shall be ten years. The term of renewal shall be deter-
mined by the commission. The commission may award a second license to a
qualified applicant in no more than a single region. The commission is
not empowered to award any license [in zone one. No gaming facilities
are authorized] NOR ARE ANY GAMING FACILITIES AUTHORIZED under this
[article] TITLE for the city of New York or any other portion of zone
one.
As a condition of licensure, licensees are required to commence gaming
operations no more than twenty-four months following license award. No
additional licenses may be awarded during the twenty-four month period,
nor for an additional sixty months following the end of the twenty-four
month period. Should the state legislatively authorize additional gaming
facility licenses within these periods, licensees shall have the right
to recover the license fee paid pursuant to section one thousand three
hundred six of this article.
This right shall be incorporated into the license itself, vest upon
the opening of a gaming facility in zone one or in the same region as
the licensee and entitle the holder of such license to bring an action
in the court of claims to recover the license fee paid pursuant to
section one thousand three hundred fifteen of this [article] TITLE in
the event that any gaming facility license in excess of the number
authorized by this section as of the effective date of this section is
awarded within seven years from the date that the initial gaming facili-
ty license is awarded. This right to recover any such fee shall be
proportionate to the length of the respective period that is still
remaining upon the vesting of such right.
Additionally, the right to bring an action in the court of claims to
recover the fee paid to the state on the twenty-fourth day of September,
two thousand ten, by the operator of a video lottery gaming facility in
a city of more than one million shall vest with such operator upon the
S. 8006--C 203 A. 9006--C
opening of any gaming facility licensed by the commission in zone one
within seven years from the date that the initial gaming facility
license is awarded; provided however that the amount recoverable shall
be limited to the pro rata amount of the time remaining until the end of
the seven year exclusivity period, proportionate to the period of time
between the date of opening of the video lottery facility until the
conclusion of the seven year period.
3. As a condition for continued licensure, licensees shall be required
to house upon the physical premises of the licensed gaming facility,
UPON REQUEST, a mobile sports wagering platform provider's server or
other equipment used for receiving mobile sports wagers pursuant to
section [1367-a of the racing, pari-mutuel wagering and breeding law]
1367-A OF THIS ARTICLE; provided however, that such licensee shall be
entitled to the reasonable and actual costs, as determined by the gaming
commission, of physically housing and securing such server or other
equipment used for receiving mobile sports wagers at such licensee's
licensed gaming facility; and provided further, [that as consideration
for housing and securing such server at the physical premises of the
licensed gaming facility,] FOR THE DURATION OF THE INITIAL LICENSE TERM,
a mobile sports wagering platform [providers] PROVIDER shall pay [to
such licensed gaming facility, five] TWO AND ONE-HALF million dollars
per year [for the duration of the time that such server is housed and
operating at the physical premises of such licensed gaming facility].
EACH GAMING FACILITY LICENSED UNDER TITLE TWO OF THIS ARTICLE SHALL
RECEIVE FIVE MILLION DOLLARS PER YEAR, WHICH SHALL BE PAID NO LATER THAN
MAY FIRST OF EACH YEAR.
§ 6. The opening paragraph of subdivision 1 of section 1312 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:
The board shall issue within ninety days of a majority of members
being appointed a request for applications for a gaming facility license
in regions one, two and five in zone two; provided, however, that the
board shall not issue any requests for applications for any region in
zone one UNDER THIS TITLE; and further provided that the board shall not
issue any requests for applications with respect to any gaming facility
subsequently legislatively authorized until seven years following the
commencement of gaming activities in zone two, UNLESS SUCH REQUEST FOR
APPLICATION WITH RESPECT TO ANY SUBSEQUENTLY LEGISLATIVELY AUTHORIZED
GAMING FACILITY ADHERES TO THE PROCEDURE AS DESCRIBED IN SECTION ONE
THOUSAND THREE HUNDRED ELEVEN OF THIS TITLE. All requests for applica-
tions shall include:
§ 7. Article 13 of the racing, pari-mutuel wagering and breeding law
is amended by adding a new title 2-A to read as follows:
TITLE 2-A
FACILITY DETERMINATION AND LICENSING: ADDITIONAL GAMING FACILITIES
SECTION 1321-A. LICENSE AUTHORIZATION; RESTRICTIONS.
1321-B. REQUESTS FOR APPLICATIONS.
1321-C. FORM OF APPLICATION.
1321-D. LICENSE APPLICANT ELIGIBILITY.
1321-E. REQUIRED CAPITAL INVESTMENT.
1321-F. MINIMUM LICENSE THRESHOLDS.
1321-G. INVESTIGATION OF LICENSE APPLICANTS.
1321-H. DISQUALIFYING CRITERIA.
1321-I. HEARINGS.
1321-J. SITING EVALUATION.
1321-K. ZONING.
S. 8006--C 204 A. 9006--C
§ 1321-A. LICENSE AUTHORIZATION; RESTRICTIONS. 1. THE COMMISSION IS
AUTHORIZED TO AWARD UP TO THREE ADDITIONAL GAMING FACILITY LICENSES. THE
DURATION OF SUCH INITIAL LICENSE AND THE TERM OF RENEWAL SHALL BE DETER-
MINED BY THE COMMISSION; PROVIDED HOWEVER, THAT SUCH INITIAL LICENSE
TERM SHALL BE NO LESS THAN TEN YEARS BUT NO MORE THAN THIRTY YEARS BASED
ON THE PROPOSED TOTAL INVESTMENT OF THE APPLICANT'S PROJECT.
2. IF ANY OF THE THREE ADDITIONAL GAMING FACILITY LICENSES ARE AWARDED
TO AN ENTITY THAT WAS LICENSED FOR VIDEO LOTTERY GAMING PURSUANT TO
SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THE TAX LAW AS OF JANUARY FIRST
TWO THOUSAND TWENTY-TWO, THE EDUCATION AID FOR THE STATE RESULTING FROM
TAXES IMPOSED PURSUANT TO SUBDIVISION ONE-A OF SECTION THIRTEEN HUNDRED
FIFTY-ONE OF THIS ARTICLE ON THE GAMING FACILITY OPERATIONS OF ANY SUCH
ENTITY IN A GIVEN STATE FISCAL YEAR SHALL BE NO LESS THAN THE TOTAL OF
EDUCATION AID DEPOSITS INTO THE STATE LOTTERY FUND FROM THE VIDEO
LOTTERY GAMING OPERATIONS OF SUCH ENTITY FOR THE FULL TWELVE MONTH PERI-
OD IMMEDIATELY PRECEDING ITS OPENING DATE AS A GAMING FACILITY, PROVIDED
HOWEVER, THAT THE TWELVE MONTH PERIOD EDUCATION AID TOTAL SHALL NOT BE
LESS THAN THE EDUCATION AID TOTAL FROM THE VIDEO LOTTERY GAMING OPER-
ATIONS OF SUCH ENTITY FOR STATE FISCAL YEAR TWO THOUSAND TWENTY-TWO.
SHOULD THE EDUCATION AID FOR THE STATE RESULTING FROM TAXES IMPOSED
PURSUANT TO SUBDIVISION ONE-A OF SECTION THIRTEEN HUNDRED FIFTY-ONE OF
THIS ARTICLE ON THE GAMING FACILITY OPERATIONS OF SUCH ENTITY AT THE
CONCLUSION OF A GIVEN STATE FISCAL YEAR BE LESS THAN THE TOTAL REQUIRED
UNDER THIS SUBDIVISION, SUCH ENTITY SHALL REMIT THE NECESSARY PAYMENT TO
THE COMMISSION FOR DEPOSIT INTO THE COMMERCIAL GAMING REVENUE FUND NO
LATER THAN THE NEXT OCCURRING MAY FIRST. NOTWITHSTANDING SECTION NINE-
TY-SEVEN-NNNN OF THE STATE FINANCE LAW, SUCH PAYMENT INTO THE COMMERCIAL
GAMING REVENUE FUND SHALL BE AVAILABLE ONLY FOR ELEMENTARY AND SECONDARY
EDUCATION. FOR THE PURPOSES OF THIS SECTION, VIDEO LOTTERY GAMING OPER-
ATIONS OF AN ENTITY SHALL INCLUDE ANY HOSTED VIDEO LOTTERY DEVICES.
3. NOTWITHSTANDING THE FOREGOING, NO CASINO GAMING FACILITY SHALL BE
AUTHORIZED:
(A) IN THE COUNTIES OF CLINTON, ESSEX, FRANKLIN, HAMILTON, JEFFERSON,
LEWIS, SAINT LAWRENCE AND WARREN;
(B) WITHIN THE FOLLOWING AREA: (1) TO THE EAST, STATE ROUTE 14 FROM
SODUS POINT TO THE PENNSYLVANIA BORDER WITH NEW YORK; (2) TO THE NORTH,
THE BORDER BETWEEN NEW YORK AND CANADA; (3) TO THE SOUTH, THE PENNSYLVA-
NIA BORDER WITH NEW YORK; AND (4) TO THE WEST, THE BORDER BETWEEN NEW
YORK AND CANADA AND THE BORDER BETWEEN PENNSYLVANIA AND NEW YORK; AND
(C) IN THE COUNTIES OF CAYUGA, CHENANGO, CORTLAND, HERKIMER, LEWIS,
MADISON, ONEIDA, ONONDAGA, OSWEGO AND OTSEGO.
§ 1321-B. REQUESTS FOR APPLICATIONS. REQUESTS FOR APPLICATIONS SHALL
BE HANDLED IN THE SAME MANNER AS PROVIDED FOR IN SECTION THIRTEEN
HUNDRED TWELVE OF THIS ARTICLE FOR GAMING LICENSES AUTHORIZED BUT NOT
AWARDED, PROVIDED HOWEVER THAT ANY REQUESTS FOR APPLICATIONS FOR GAMING
FACILITY LICENSES AUTHORIZED BUT NOT AWARDED MAY BE FOR GAMING FACILITY
LICENSES IN ANY REGION IN ZONE ONE OR IN REGIONS ONE, TWO AND FIVE IN
ZONE TWO.
§ 1321-C. FORM OF APPLICATION. THE FORM OF THE APPLICATION SHALL BE
THE SAME AS ESTABLISHED UNDER SECTION THIRTEEN HUNDRED THIRTEEN OF THIS
ARTICLE.
§ 1321-D. LICENSE APPLICANT ELIGIBILITY. 1. GAMING FACILITY LICENSES
SHALL ONLY BE ISSUED TO APPLICANTS WHO ARE QUALIFIED UNDER THE CRITERIA
SET FORTH IN THIS ARTICLE, AS DETERMINED BY THE COMMISSION.
2. PRIOR TO OFFICIAL REVIEW BY THE BOARD, EACH POTENTIAL LICENSE
APPLICANT MUST:
S. 8006--C 205 A. 9006--C
(A) DEMONSTRATE TO THE BOARD'S SATISFACTION THAT THE APPLICANT HAS
ACQUIRED PUBLIC SUPPORT AND PRESENTED EVIDENCE OF COMPLIANCE AND
APPROVAL WITH ALL REQUIRED STATE AND LOCAL ZONING REQUIREMENTS AS
REQUIRED UNDER SUBDIVISION THREE OF THIS SECTION AND SECTION THIRTEEN
HUNDRED TWENTY-ONE-K OF THIS TITLE; AND
(B) WAIVE ALL RIGHTS THEY OR ANY AFFILIATED ENTITY POSSESS UNDER
SECTION THIRTEEN HUNDRED ELEVEN OF THIS ARTICLE TO BRING AN ACTION TO
RECOVER A FEE.
(C) PURSUANT TO SECTION THIRTEEN HUNDRED TWENTY-ONE-F OF THIS TITLE,
AN APPLICANT SHALL PAY TO THE COMMISSION AN APPLICATION FEE OF ONE
MILLION DOLLARS TO DEFRAY THE COSTS ASSOCIATED WITH THE PROCESSING OF
THE APPLICATION, COMMISSION EXPENSES RELATED TO THE COMMUNITY ADVISORY
COMMITTEE, AND INVESTIGATION OF THE APPLICANT; PROVIDED, HOWEVER, THAT
IF THE COSTS EXCEED THE INITIAL APPLICATION FEE, THE APPLICANT SHALL PAY
THE ADDITIONAL AMOUNT TO THE COMMISSION WITHIN THIRTY DAYS AFTER NOTIFI-
CATION OF INSUFFICIENT FEES OR THE APPLICATION SHALL BE REJECTED AND
FURTHER PROVIDED THAT SHOULD THE COSTS NOT EXCEED THE FEE REMITTED, ANY
UNEXPENDED PORTION SHALL BE RETURNED TO THE APPLICANT;
3. (A) FOR EACH APPLICANT WHO PROPOSES A GAMING FACILITY LOCATED IN
REGION TWO OF ZONE ONE, THERE SHALL BE ESTABLISHED A COMMUNITY ADVISORY
COMMITTEE. EACH COMMITTEE SHALL CONSIST OF SIX MEMBERS, ONE TO BE
APPOINTED BY THE GOVERNOR, ONE TO BE APPOINTED BY THE SENATOR REPRESENT-
ING THE SENATE DISTRICT WHERE THE PROPOSED FACILITY IS TO BE LOCATED,
ONE TO BE APPOINTED BY THE ASSEMBLYMEMBER REPRESENTING THE ASSEMBLY
DISTRICT WHERE THE PROPOSED FACILITY IS TO BE LOCATED, ONE TO BE
APPOINTED BY THE BOROUGH PRESIDENT WHERE THE FACILITY IS PROPOSED TO BE
LOCATED, ONE TO BE APPOINTED BY THE CITY COUNCILMEMBER REPRESENTING THE
DISTRICT WHERE THE FACILITY IS PROPOSED TO BE LOCATED, AND ONE TO BE
APPOINTED BY THE NEW YORK CITY MAYOR.
(B) FOR EACH APPLICANT WHO PROPOSES A GAMING FACILITY LOCATED IN
REGIONS ONE OR THREE OF ZONE ONE, OR REGIONS ONE, TWO OR FIVE OF ZONE
TWO THERE SHALL BE ESTABLISHED A COMMUNITY ADVISORY COMMITTEE. EACH
COMMITTEE SHALL CONSIST OF FIVE MEMBERS, ONE TO BE APPOINTED BY THE
GOVERNOR, ONE TO BE APPOINTED BY THE SENATOR REPRESENTING THE SENATE
DISTRICT WHERE THE PROPOSED FACILITY IS TO BE LOCATED, ONE TO BE
APPOINTED BY THE ASSEMBLYMEMBER REPRESENTING THE ASSEMBLY DISTRICT WHERE
THE PROPOSED FACILITY IS TO BE LOCATED, ONE TO BE APPOINTED BY THE COUN-
TY EXECUTIVE OF THE COUNTY WHERE THE FACILITY IS PROPOSED TO BE LOCATED,
AND ONE TO BE APPOINTED AS FOLLOWS:
(I) IF THE PROPOSED FACILITY IS TO BE LOCATED IN A CITY, ONE TO BE
APPOINTED BY THE MAYOR OF SUCH CITY;
(II) IF THE PROPOSED FACILITY IS TO BE LOCATED IN A TOWN, ONE TO BE
APPOINTED BY THE TOWN SUPERVISOR OF SUCH TOWN; OR
(III) IF THE PROPOSED FACILITY IS TO BE LOCATED IN A VILLAGE, ONE
REPRESENTATIVE TO BE APPOINTED JOINTLY BY THE VILLAGE MAYOR AND THE TOWN
SUPERVISOR.
(C) THE ACTIVITIES OF THE COMMUNITY ADVISORY COMMITTEES CONSTITUTED
PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO THE OPEN MEETINGS
PROVISIONS CONTAINED IN ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
(D) THE COMMISSION MAY HIRE A CONSULTANT TO SERVE AS A COMMUNITY
CONSULTANT TO ASSIST AND MANAGE THE COMMUNITY ADVISORY COMMITTEE PROC-
ESS. THE COMMISSION OR COMMUNITY CONSULTANT SHALL PROVIDE ADMINISTRA-
TIVE SUPPORT AND TECHNICAL ASSISTANCE FOR THE ESTABLISHMENT AND ACTIV-
ITIES OF COMMITTEES CONSTITUTED PURSUANT TO THIS SUBDIVISION.
(E) PRIOR TO A DETERMINATION ON ANY APPLICATION BY THE BOARD, THE
FOLLOWING COMMUNITY ADVISORY COMMITTEE PROCESS SHALL APPLY:
S. 8006--C 206 A. 9006--C
(I) UPON THE MAJORITY OF MEMBERS OF THE BOARD BEING APPOINTED, A
COMMUNITY CONSULTANT MAY BE HIRED BY THE COMMISSION TO MANAGE THE PROC-
ESS AND ANY OTHER ACTIVITIES AS DETERMINED BY THE COMMISSION;
(II) THE COMMISSION SHALL ISSUE A REQUEST FOR APPLICATIONS NO LATER
THAN NINETY DAYS FOLLOWING THE MAJORITY OF MEMBERS OF THE BOARD BEING
APPOINTED;
(III) INTERESTED ENTITIES MAY SUBMIT AN APPLICATION TO THE BOARD WHO
SHALL PROVIDE SUCH APPLICATION TO THE COMMUNITY CONSULTANT;
(IV) THE COMMUNITY CONSULTANT SHALL NOTIFY THE COMMISSION OF ALL
APPLICATIONS AND NOTIFY THE APPROPRIATE APPOINTING AUTHORITIES OF THEIR
RESPONSIBILITY TO SUBMIT APPOINTMENTS FOR EACH REQUIRED COMMUNITY ADVI-
SORY COMMITTEE ESTABLISHED PURSUANT TO THIS SECTION;
(V) THE COMMUNITY CONSULTANT SHALL ENSURE THE FORMATION OF EACH
COMMITTEE, AS NECESSARY;
(VI) UPON NOTIFICATION, THE APPOINTING AUTHORITY SHALL APPOINT THEIR
RESPECTIVE APPOINTEES;
(VII) UPON A COMMITTEE'S FIRST MEETING THE RESPECTIVE APPOINTEES SHALL
ELECT BY MAJORITY VOTE A COMMITTEE CHAIR;
(VIII) THE COMMUNITY CONSULTANT SHALL ASSIGN APPLICATIONS TO EACH
APPROPRIATE COMMITTEE;
(IX) EACH COMMITTEE SHALL REVIEW, SOLICIT PUBLIC COMMENTS AND WRITTEN
SUBMISSIONS OF SUCH COMMENTS, AND HOLD PUBLIC HEARINGS;
(X) UPON A TWO-THIRDS VOTE, EACH COMMITTEE SHALL ISSUE A FINDING
EITHER ESTABLISHING PUBLIC SUPPORT APPROVING OR DISAPPROVING THE APPLI-
CATION.
(F) FOLLOWING A TWO-THIRDS VOTE BY THE APPLICABLE COMMUNITY ADVISORY
COMMITTEE, THE FOLLOWING SHALL APPLY:
(I) UPON NOTIFICATION OF A FINDING OF SUPPORT IN APPROVAL OF AN APPLI-
CATION FOLLOWING A TWO-THIRDS VOTE BY THE APPROPRIATE COMMITTEE, THE
COMMUNITY CONSULTANT SHALL NOTIFY THE APPLICANT, BOARD, AND COMMISSION;
(II) FOLLOWING SUCH NOTIFICATION, THE APPLICANT MUST COMPLY AND
RECEIVE APPROVAL UNDER THE APPLICABLE STATE AND LOCAL ZONING REQUIRE-
MENTS;
(III) THE BOARD SHALL NOT ISSUE A DECISION ON THE APPLICATION UNTIL
THE APPLICANT PRESENTS EVIDENCE OF COMPLIANCE AND APPROVAL WITH ALL
NECESSARY STATE AND LOCAL ZONING REQUIREMENTS.
4. THE EXPIRATION OF THE SEVEN YEAR RESTRICTED PERIOD FROM THE DATE
THAT AN INITIAL GAMING FACILITY LICENSE WAS AWARDED IS FEBRUARY TWENTY-
EIGHTH, TWO THOUSAND TWENTY-THREE FOR THE THREE INITIAL CASINO LICENSES
AND NOVEMBER TWENTY-SECOND, TWO THOUSAND TWENTY-THREE FOR THE FINAL
CASINO LICENSE AWARDED. SHOULD AN APPLICANT OR APPLICANTS COMMENCE
GAMING ACTIVITIES PRIOR TO SUCH DATES, SUCH APPLICANT OR APPLICANTS
SHALL BE JOINTLY AND SEVERALLY LIABLE FOR PAYMENT OF THE PROPORTIONATE
FEE FOR THE RESPECTIVE PERIOD REMAINING AS REQUIRED BY SECTION THIRTEEN
HUNDRED ELEVEN OF THIS ARTICLE.
§ 1321-E. REQUIRED CAPITAL INVESTMENT. 1. THE BOARD SHALL ESTABLISH
THE MINIMUM CAPITAL INVESTMENT FOR EACH UNAWARDED GAMING FACILITY
LICENSE. SUCH INVESTMENT MAY INCLUDE, BUT NOT BE LIMITED TO, A CASINO
AREA, HOTEL AND OTHER AMENITIES; AND PROVIDED FURTHER, THAT THE BOARD
SHALL DETERMINE WHETHER IT WILL INCLUDE THE PURCHASE OR LEASE PRICE OF
THE LAND WHERE THE GAMING FACILITY WILL BE LOCATED OR ANY INFRASTRUCTURE
DESIGNED TO SUPPORT THE SITE INCLUDING, BUT NOT LIMITED TO, DRAINAGE,
UTILITY SUPPORT, ROADWAYS, INTERCHANGES, FILL AND SOIL OR GROUNDWATER OR
SURFACE WATER CONTAMINATION ISSUES. THE BOARD MAY CONSIDER PRIVATE CAPI-
TAL INVESTMENT MADE PREVIOUS TO THE EFFECTIVE DATE OF THIS TITLE, BUT
MAY, IN ITS DISCRETION, DISCOUNT A PERCENTAGE OF THE INVESTMENT MADE.
S. 8006--C 207 A. 9006--C
UPON AWARD OF A GAMING LICENSE BY THE COMMISSION, THE COMMISSION SHALL
REQUIRE THE APPLICANT TO DEPOSIT NO LESS THAN FIVE PERCENT AND NO MORE
THAN TEN PERCENT OF THE TOTAL INVESTMENT PROPOSED IN THE APPLICATION
INTO AN INTEREST-BEARING ACCOUNT BASED ON THE LIQUIDITY OF THE APPLI-
CANT. MONIES RECEIVED FROM THE APPLICANT SHALL BE HELD IN ESCROW UNTIL
THE FINAL STAGE OF CONSTRUCTION, AS DETAILED IN THE TIMELINE OF
CONSTRUCTION SUBMITTED WITH THE LICENSEE'S APPLICATION AND APPROVED BY
THE COMMISSION, AT WHICH TIME THE DEPOSIT PLUS INTEREST EARNED SHALL BE
RETURNED TO THE APPLICANT TO BE APPLIED FOR THE FINAL STAGE. SHOULD THE
APPLICANT BE UNABLE TO COMPLETE THE GAMING FACILITY, THE DEPOSIT SHALL
BE FORFEITED TO THE STATE. IN PLACE OF A CASH DEPOSIT, THE COMMISSION
MAY ALLOW FOR AN APPLICANT TO SECURE A DEPOSIT BOND INSURING THAT SUCH
PERCENT OF THE PROPOSED CAPITAL INVESTMENT SHALL BE FORFEITED TO THE
STATE IF THE APPLICANT IS UNABLE TO COMPLETE THE GAMING FACILITY.
2. EACH APPLICANT SHALL SUBMIT ITS PROPOSED CAPITAL INVESTMENT WITH
ITS APPLICATION TO THE BOARD WHICH SHALL INCLUDE STAGES OF CONSTRUCTION
OF THE GAMING FACILITY AND THE DEADLINE BY WHICH THE STAGES AND OVERALL
CONSTRUCTION AND ANY INFRASTRUCTURE IMPROVEMENTS WILL BE COMPLETED. IN
AWARDING A LICENSE, THE COMMISSION SHALL DETERMINE AT WHAT STAGE OF
CONSTRUCTION A LICENSEE SHALL BE APPROVED TO OPEN FOR GAMING; PROVIDED,
HOWEVER, THAT A LICENSEE SHALL NOT BE APPROVED TO OPEN FOR GAMING UNTIL
THE COMMISSION HAS DETERMINED THAT AT LEAST THE GAMING AREA AND OTHER
ANCILLARY ENTERTAINMENT SERVICES AND NON-GAMING AMENITIES, AS REQUIRED
BY THE BOARD, HAVE BEEN BUILT AND ARE OF A SUPERIOR QUALITY AS SET FORTH
IN THE CONDITIONS OF LICENSURE. THE COMMISSION SHALL NOT APPROVE A
GAMING FACILITY TO OPEN BEFORE THE COMPLETION OF THE PERMANENT CASINO
AREA.
3. THE BOARD SHALL DETERMINE A LICENSING FEE TO BE PAID BY A LICENSEE
WITHIN THIRTY DAYS AFTER THE AWARD OF THE LICENSE WHICH SHALL BE DEPOS-
ITED INTO THE COMMERCIAL GAMING REVENUE FUND, PROVIDED HOWEVER THAT NO
LICENSING FEE SHALL BE LESS THAN FIVE HUNDRED MILLION DOLLARS. THE
LICENSE SHALL SET FORTH THE CONDITIONS TO BE SATISFIED BY THE LICENSEE
BEFORE THE GAMING FACILITY SHALL BE OPENED TO THE PUBLIC. THE COMMISSION
SHALL SET ANY RENEWAL FEE FOR SUCH LICENSE BASED ON THE COST OF FEES
ASSOCIATED WITH THE EVALUATION OF A LICENSEE UNDER THIS ARTICLE WHICH
SHALL BE DEPOSITED INTO THE COMMERCIAL GAMING FUND. SUCH RENEWAL FEE
SHALL BE EXCLUSIVE OF ANY SUBSEQUENT LICENSING FEES UNDER THIS SECTION.
4. THE COMMISSION SHALL DETERMINE THE SOURCES AND TOTAL AMOUNT OF AN
APPLICANT'S PROPOSED CAPITALIZATION TO DEVELOP, CONSTRUCT, MAINTAIN AND
OPERATE A PROPOSED GAMING FACILITY UNDER THIS ARTICLE. UPON AWARD OF A
GAMING LICENSE, THE COMMISSION SHALL CONTINUE TO ASSESS THE CAPITALIZA-
TION OF A LICENSEE FOR THE DURATION OF CONSTRUCTION OF THE PROPOSED
GAMING FACILITY AND THE TERM OF THE LICENSE.
§ 1321-F. MINIMUM LICENSE THRESHOLDS. THE MINIMUM LICENSING THRESH-
OLDS SHALL BE THE SAME AS THOSE ESTABLISHED UNDER SECTION THIRTEEN
HUNDRED SIXTEEN OF THIS ARTICLE.
§ 1321-G. INVESTIGATION OF LICENSE APPLICANTS. THE PROCESS USED TO
INVESTIGATE LICENSE APPLICANTS SHALL BE THE SAME PROCESS ESTABLISHED
UNDER SECTION THIRTEEN HUNDRED SEVENTEEN OF THIS ARTICLE.
§ 1321-H. DISQUALIFYING CRITERIA. THE CRITERIA TO DISQUALIFY APPLI-
CANTS SHALL BE THE SAME CRITERIA USED FOR UPSTATE GAMING FACILITY
LICENSING, WHICH ARE ENUMERATED IN SECTION THIRTEEN HUNDRED EIGHTEEN OF
THIS ARTICLE.
§ 1321-I. HEARINGS. THE PROCESS USED FOR HEARINGS SHALL BE THE SAME
PROCESS ESTABLISHED UNDER SECTION THIRTEEN HUNDRED NINETEEN OF THIS
ARTICLE.
S. 8006--C 208 A. 9006--C
§ 1321-J. SITING EVALUATION. IN DETERMINING WHETHER AN APPLICANT SHALL
BE ELIGIBLE FOR A GAMING FACILITY LICENSE, THE BOARD SHALL EVALUATE AND
MAKE A DETERMINATION OF HOW EACH APPLICANT PROPOSES TO ADVANCE THE
FOLLOWING OBJECTIVES WITH CONSIDERATION GIVEN TO THE DIFFERENCES BETWEEN
PROPOSED PROJECTS RELATED TO WHETHER IT IS A CONVERSION OF AN EXISTING
VIDEO LOTTERY GAMING FACILITY OR NEW FACILITY CONSTRUCTION, AND THE
PROPOSED LOCATION. THE BOARD SHALL ALSO CONDUCT AN ANALYSIS OF THE
REVENUE IMPACT OF EACH APPLICANT'S PROPOSED GAMING FACILITY ON EXISTING
FACILITIES AND POTENTIAL NEW FACILITIES.
1. THE DECISION BY THE BOARD TO SELECT A GAMING FACILITY LICENSE
APPLICANT SHALL BE WEIGHTED BY SEVENTY PERCENT BASED ON ECONOMIC ACTIV-
ITY AND BUSINESS DEVELOPMENT FACTORS INCLUDING:
(A) REALIZING CAPITAL INVESTMENT EXCLUSIVE OF LAND ACQUISITION AND
INFRASTRUCTURE IMPROVEMENTS;
(B) MAXIMIZING REVENUES RECEIVED BY THE STATE AND LOCALITIES;
(C) PROVIDING THE HIGHEST NUMBER OF QUALITY JOBS IN THE GAMING FACILI-
TY;
(D) BUILDING A GAMING FACILITY OF THE HIGHEST CALIBER WITH A VARIETY
OF QUALITY AMENITIES;
(E) OFFERING THE HIGHEST AND BEST VALUE TO PATRONS TO CREATE A SECURE
AND ROBUST GAMING MARKET IN THE REGION AND THE STATE;
(F) DETAILING THE BENEFITS OF THE SITE LOCATION OF THE GAMING FACILITY
AND THE ESTIMATED RECAPTURE RATE OF GAMING-RELATED SPENDING BY RESIDENTS
TRAVELLING TO AN OUT-OF-STATE GAMING FACILITY;
(G) OFFERING A REASONABLE AND FEASIBLE CONSTRUCTION SCHEDULE TO
COMPLETION OF THE FULL GAMING FACILITY;
(H) DEMONSTRATING THE ABILITY TO FULLY FINANCE THE GAMING FACILITY;
AND
(I) DEMONSTRATING EXPERIENCE IN THE DEVELOPMENT AND OPERATION OF A
QUALITY GAMING FACILITY;
2. THE DECISION BY THE BOARD TO SELECT A GAMING FACILITY LICENSE
APPLICANT SHALL BE WEIGHTED BY TEN PERCENT BASED ON LOCAL IMPACT SITING
FACTORS INCLUDING:
(A) MITIGATING POTENTIAL IMPACTS ON HOST AND NEARBY MUNICIPALITIES
WHICH MIGHT RESULT FROM THE DEVELOPMENT OR OPERATION OF THE GAMING
FACILITY;
(B) OPERATING IN PARTNERSHIP WITH AND PROMOTING LOCAL HOTELS, RESTAU-
RANTS AND RETAIL FACILITIES SO THAT PATRONS EXPERIENCE THE FULL DIVERSI-
FIED REGIONAL TOURISM INDUSTRY; AND
(C) ESTABLISHING A FAIR AND REASONABLE PARTNERSHIP WITH LIVE ENTER-
TAINMENT VENUES THAT MAY BE IMPACTED BY A GAMING FACILITY UNDER WHICH
THE GAMING FACILITY ACTIVELY SUPPORTS THE MISSION AND THE OPERATION OF
THE IMPACTED ENTERTAINMENT VENUES;
3. THE DECISION BY THE BOARD TO SELECT A GAMING FACILITY LICENSE
APPLICANT SHALL BE WEIGHTED BY TEN PERCENT BASED ON WORKFORCE ENHANCE-
MENT FACTORS INCLUDING:
(A) IMPLEMENTING A WORKFORCE DEVELOPMENT PLAN THAT UTILIZES THE EXIST-
ING LABOR FORCE, INCLUDING THE ESTIMATED NUMBER OF CONSTRUCTION JOBS A
PROPOSED GAMING FACILITY WILL GENERATE, THE DEVELOPMENT OF WORKFORCE
TRAINING PROGRAMS THAT SERVE THE UNEMPLOYED AND METHODS FOR ACCESSING
EMPLOYMENT AT THE GAMING FACILITY;
(B) TAKING ADDITIONAL MEASURES TO ADDRESS PROBLEM GAMBLING INCLUDING,
BUT NOT LIMITED TO, TRAINING OF GAMING EMPLOYEES TO IDENTIFY PATRONS
EXHIBITING PROBLEMS WITH GAMBLING;
(C) UTILIZING SUSTAINABLE DEVELOPMENT PRINCIPLES INCLUDING, BUT NOT
LIMITED TO:
S. 8006--C 209 A. 9006--C
(1) HAVING NEW AND RENOVATION CONSTRUCTION CERTIFIED UNDER THE APPRO-
PRIATE CERTIFICATION CATEGORY IN THE LEADERSHIP IN ENERGY AND ENVIRON-
MENTAL DESIGN GREEN BUILDING RATING SYSTEM CREATED BY THE UNITED STATES
GREEN BUILDING COUNCIL;
(2) EFFORTS TO MITIGATE VEHICLE TRIPS;
(3) EFFORTS TO CONSERVE WATER AND MANAGE STORM WATER;
(4) DEMONSTRATING THAT ELECTRICAL AND HVAC EQUIPMENT AND APPLIANCES
WILL BE ENERGY STAR LABELED WHERE AVAILABLE;
(5) PROCURING OR GENERATING ON-SITE TEN PERCENT OF ITS ANNUAL ELEC-
TRICITY CONSUMPTION FROM RENEWABLE SOURCES; AND
(6) DEVELOPING AN ONGOING PLAN TO SUBMETER AND MONITOR ALL MAJOR
SOURCES OF ENERGY CONSUMPTION AND UNDERTAKE REGULAR EFFORTS TO MAINTAIN
AND IMPROVE ENERGY EFFICIENCY OF BUILDINGS IN THEIR SYSTEMS;
(D) ESTABLISHING, FUNDING AND MAINTAINING HUMAN RESOURCE HIRING AND
TRAINING PRACTICES THAT PROMOTE THE DEVELOPMENT OF A SKILLED AND DIVERSE
WORKFORCE AND ACCESS TO PROMOTION OPPORTUNITIES THROUGH A WORKFORCE
TRAINING PROGRAM THAT:
(1) ESTABLISHES TRANSPARENT CAREER PATHS WITH MEASURABLE CRITERIA
WITHIN THE GAMING FACILITY THAT LEAD TO INCREASED RESPONSIBILITY AND
HIGHER PAY GRADES THAT ARE DESIGNED TO ALLOW EMPLOYEES TO PURSUE CAREER
ADVANCEMENT AND PROMOTION;
(2) PROVIDES EMPLOYEE ACCESS TO ADDITIONAL RESOURCES, SUCH AS TUITION
REIMBURSEMENT OR STIPEND POLICIES, TO ENABLE EMPLOYEES TO ACQUIRE THE
EDUCATION OR JOB TRAINING NEEDED TO ADVANCE CAREER PATHS BASED ON
INCREASED RESPONSIBILITY AND PAY GRADES; AND
(3) ESTABLISHES AN ON-SITE CHILD DAY CARE PROGRAM;
(E) PURCHASING, WHENEVER POSSIBLE, DOMESTICALLY MANUFACTURED SLOT
MACHINES FOR INSTALLATION IN THE GAMING FACILITY;
(F) IMPLEMENTING A WORKFORCE DEVELOPMENT PLAN THAT:
(1) UTILIZES THE EXISTING LABOR FORCE IN THE STATE;
(2) ESTIMATES THE NUMBER OF CONSTRUCTION JOBS A GAMING FACILITY WILL
GENERATE AND PROVIDES FOR EQUAL EMPLOYMENT OPPORTUNITIES AND WHICH
INCLUDES SPECIFIC GOALS FOR THE UTILIZATION OF MINORITIES, WOMEN AND
SERVICE-DISABLED VETERANS ON THOSE CONSTRUCTION JOBS;
(3) IDENTIFIES WORKFORCE TRAINING PROGRAMS OFFERED BY THE GAMING
FACILITY; AND
(4) IDENTIFIES THE METHODS FOR ACCESSING EMPLOYMENT AT THE GAMING
FACILITY; AND
(5) INCORPORATES A WORKFORCE DIVERSITY FRAMEWORK, WHICH IS SCORED
UNDER SUBDIVISION FOUR OF THIS SECTION.
(G) DEMONSTRATING THAT THE APPLICANT HAS AN AGREEMENT WITH ORGANIZED
LABOR, INCLUDING HOSPITALITY SERVICES, AND HAS THE SUPPORT OF ORGANIZED
LABOR FOR ITS APPLICATION, WHICH SPECIFIES:
(1) THE NUMBER OF EMPLOYEES TO BE EMPLOYED AT THE GAMING FACILITY,
INCLUDING DETAILED INFORMATION ON THE PAY RATE AND BENEFITS FOR EMPLOY-
EES AND CONTRACTORS IN THE GAMING FACILITY AND ALL INFRASTRUCTURE
IMPROVEMENTS RELATED TO THE PROJECT; AND
(2) DETAILED PLANS FOR ASSURING LABOR HARMONY DURING ALL PHASES OF THE
CONSTRUCTION, RECONSTRUCTION, RENOVATION, DEVELOPMENT AND OPERATION OF
THE GAMING FACILITY.
4. THE DECISION BY THE BOARD TO SELECT A GAMING FACILITY LICENSE
APPLICANT SHALL BE WEIGHTED BY TEN PERCENT BASED ON A DIVERSITY FRAME-
WORK. DIVERSITY FRAMEWORK FACTORS SHALL INCLUDE, BUT NOT BE LIMITED TO,
THE FOLLOWING:
S. 8006--C 210 A. 9006--C
(A) WORKFORCE DEMOGRAPHICS INCLUDING CURRENT EMPLOYMENT OF MINORITIES,
WOMEN AND SERVICE-DISABLED VETERANS IN PERMANENT AND PART-TIME JOBS AT
THE APPLICANT'S GAMING FACILITIES;
(B) DIVERSITY IN THE OWNERSHIP AND LEADERSHIP OF THE CORPORATE ENTITY;
(C) EFFORTS THE APPLICANT IS CURRENTLY UNDERTAKING TO ENSURE DIVERSITY
AT ITS FACILITIES AND PLANS TO UNDERTAKE AT THIS PROPOSED FACILITY
INCLUDING:
(1) ESTABLISHING MENTORSHIP OPPORTUNITIES AND OTHER BUSINESS DEVELOP-
MENT PROGRAMS;
(2) INCORPORATING AN AFFIRMATIVE ACTION PROGRAM OF EQUAL OPPORTUNITY
BY WHICH THE APPLICANT GUARANTEES TO PROVIDE EQUAL EMPLOYMENT OPPORTU-
NITIES TO ALL EMPLOYEES QUALIFIED FOR LICENSURE IN ALL EMPLOYMENT CATE-
GORIES, INCLUDING MINORITIES, WOMEN AND PERSONS WITH DISABILITIES;
(3) PROVIDING SPECIFIC GOALS FOR THE INCLUSION OF MINORITIES, WOMEN
AND VETERANS ON CONSTRUCTION JOBS;
(4) ENSURING THAT ANY CONTRACTORS OR SUBCONTRACTORS TO ANY CONTRACTOR
MAKE GOOD FAITH EFFORTS TO PROVIDE MINORITIES, WOMEN AND VETERANS AN
OPPORTUNITY TO PARTICIPATE IN THE WORKFORCE;
(5) WORKING AND PARTNERING WITH MINORITY-OWNED BUSINESSES;
(6) DEVELOPING A PLAN OF ACTION THAT SHALL PROMOTE DIVERSITY IN ITS
BUSINESS MODEL, FINANCING, EMPLOYMENT GOALS, AND OTHER SOCIAL AND
ECONOMIC EQUITY ROLES IN THE GAMING INDUSTRY; AND
(7) ANY SUCH FURTHER CRITERIA AS THE BOARD SHALL SEE FIT FOR INCLUSION
AFTER CONSULTATION WITH THE DIVISION OF MINORITY AND WOMEN'S BUSINESS
DEVELOPMENT IN THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
§ 1321-K. ZONING. 1. NOTWITHSTANDING SECTION THIRTEEN HUNDRED SIXTY-
SIX OF THIS ARTICLE, ALL GAMING FACILITIES LICENSED PURSUANT TO THIS
TITLE SHALL COMPLY WITH ALL RELEVANT CITY, COUNTY, TOWN, OR VILLAGE LAND
USE OR ZONING ORDINANCES, RULES, OR REGULATIONS IF APPLICABLE.
2. (A) IN ADDITION, FOR ANY GAMING FACILITY LOCATED WITHIN THE CITY OF
NEW YORK, ALL APPLICABLE ZONING PROVISIONS SHALL BE SUBJECT TO THE
UNIFORM LAND USE REVIEW PROCEDURE PURSUANT TO SECTION ONE HUNDRED NINE-
TY-SEVEN-C OF THE NEW YORK CITY CHARTER IF SUCH PROVISIONS WOULD OTHER-
WISE BE APPLICABLE; AND
(B) ANY DETERMINATION ON WHETHER GAMING IS A PERMISSIBLE USE OR ACTIV-
ITY OR WHETHER ANY OTHER ACTIVITY TAKEN PURSUANT TO THE UNIFORM LAND USE
REVIEW PROCEDURE SHALL NOT BE SUBJECT TO A MAYORAL ZONING OVERRIDE,
SPECIAL PERMIT PROCESS, OR ANY OTHER ACTION OR DECISION THAT PREEMPTS,
CIRCUMVENTS, OR SUPERSEDES THE USUAL AND CUSTOMARY LOCAL ZONING PROCESS.
§ 8. Section 1351 of the racing, pari-mutuel wagering and breeding law
is amended by adding a new subdivision 1-a to read as follows:
1-A. FOR A GAMING FACILITY LICENSED PURSUANT TO TITLE TWO-A OF THIS
ARTICLE, THERE IS HEREBY IMPOSED A TAX ON GROSS GAMING REVENUES WITH THE
RATES TO BE DETERMINED BY THE GAMING COMMISSION PURSUANT TO A COMPET-
ITIVE BIDDING PROCESS AS OUTLINED IN TITLE TWO-A OF THIS ARTICLE;
PROVIDED HOWEVER THAT THE TAX RATE ON GROSS GAMING REVENUE FROM SLOT
MACHINES SHALL BE NO LESS THAN TWENTY-FIVE PERCENT AND THE TAX RATE ON
GROSS GAMING REVENUE FROM ALL OTHER SOURCES SHALL BE NO LESS THAN TEN
PERCENT.
§ 9. Section 109-a 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:
§ 109-a. Separate board for facility siting. The commission shall
establish a separate board to be known as the New York gaming facility
location board to perform designated functions under article thirteen of
this chapter, the following provisions shall apply to the board:
S. 8006--C 211 A. 9006--C
1. The commission shall select five members and name the chair of the
board. Each member of the board shall be a resident of the state of New
York. No member of the legislature or person holding any elective or
appointive office in federal, state or local government shall be eligi-
ble to serve as a member of the board.
2. A MAJORITY OF MEMBERS OF THE BOARD SHALL BE APPOINTED WITHIN ONE
HUNDRED EIGHTY DAYS OF THE DATE THAT TITLE TWO-A OF THIS ARTICLE SHALL
BECOME LAW.
3. Qualifications of members. Members of the board shall each possess
no less than ten years of responsible experience in fiscal matters and
shall have any one or more of the following qualifications:
(a) significant service as an accountant economist, or financial
analyst experienced in finance or economics;
(b) significant service in an academic field relating to finance or
economics;
(c) significant service and knowledge of the commercial real estate
industry; or
(d) significant service as an executive with fiduciary responsibil-
ities in charge of a large organization or foundation.
[3.] 4. No member of the board:
(a) may have a close familial or business relationship to a person
that holds a license under this chapter;
(b) may have any direct or indirect financial interest, ownership, or
management, including holding any stocks, bonds, or other similar finan-
cial interests in any gaming activities, including horse racing, lottery
or gambling;
(c) may receive or share in, directly or indirectly, the receipts or
proceeds of any gaming activities, including horse racing, lottery or
gambling;
(d) may have a beneficial interest in any contract for the manufacture
or sale of gaming devices, the conduct of any gaming activity, or the
provision of any independent consulting services in connection with any
establishment licensed under this chapter.
[4.] 5. Board members are entitled to actual and necessary expenses
incurred in the discharge of their duties but may not receive compen-
sation for their service on the board.
[5.] 6. (a) The commission shall provide staff to the board.
(b) The board [shall] MAY contract with [an outside] A consultant to
[provide] ASSIST IN THE analysis of [the gaming industry and to support
the board's comprehensive review and evaluation of the] applications
submitted [to the board] for gaming facility licenses.
(c) The board may contract with attorneys, accountants, auditors and
financial and other experts to render necessary services.
(d) All other state agencies shall cooperate with and assist the board
in the fulfillment of its duties under this article and may render such
services to the board within their respective functions as the board may
reasonably request.
[6] 7. Utilizing the powers and duties prescribed for it by article
thirteen of this chapter, the board shall select, through a competitive
process consistent with provisions of article thirteen of this chapter,
not more than [four] SEVEN gaming facility license applicants. Such
selectees shall be authorized to receive a gaming facility license, if
found suitable by the commission. The board may select another applicant
for authorization to be licensed as a gaming facility if a previous
selectee fails to meet licensing thresholds, is revoked or surrenders a
license opportunity.
S. 8006--C 212 A. 9006--C
§ 10. The opening paragraph of section 1348 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:
In addition to any other tax or fee imposed by this article, there
shall be imposed an annual license fee of five hundred dollars for each
slot machine and table approved by the commission for use by a gaming
licensee at a gaming facility LOCATED IN ZONE TWO; [provided] AND THERE
SHALL BE IMPOSED AN ANNUAL LICENSE FEE OF SEVEN HUNDRED FIFTY DOLLARS
FOR EACH SLOT MACHINE AND TABLE GAME APPROVED BY THE COMMISSION FOR
USE BY A GAMING LICENSEE AT A GAMING FACILITY LOCATED IN ZONE ONE.
PROVIDED, however, that not sooner than five years after award of an
original gaming license, the commission may annually adjust the fee for
inflation. The fee shall be imposed as of July first of each year for
all approved slot machines and tables on that date and shall be assessed
on a pro rata basis for any slot machine or table approved for use ther-
eafter.
§ 11. Section 1355 of the racing, pari-mutuel wagering and breeding
law is amended by adding a new subdivision 3 to read as follows:
3. AS PART OF THE FINAL GAMING FACILITY LICENSE AWARD PROCESS FOR
LICENSES AUTHORIZED UNDER TITLE TWO-A OF THIS ARTICLE, THE COMMISSION
SHALL DETERMINE THE OBLIGATIONS OF SUCH ENTITY OR ENTITIES REQUIRED TO
MAINTAIN CERTAIN RACING SUPPORT PAYMENTS AT THE SAME DOLLAR LEVEL REAL-
IZED IN TWO THOUSAND NINETEEN, TO BE ADJUSTED ANNUALLY PURSUANT TO
CHANGES IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS, AS
PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF LABOR BUREAU OF
LABOR STATISTICS.
(A) IN EITHER REGION TWO OR THREE OF ZONE ONE, ONE OR MORE LICENSEES
SHALL PAY AN AMOUNT TO HORSEMEN FOR THE PURPOSE OF ENHANCING PURSES AT
AQUEDUCT RACETRACK, BELMONT PARK RACETRACK AND SARATOGA RACE COURSE, AN
AMOUNT TO THE FRANCHISE CORPORATION, AND AN AMOUNT TO THE NEW YORK STATE
THOROUGHBRED BREEDING AND DEVELOPMENT FUND THAT, IN AGGREGATE, SHALL BE
EQUAL TO THE RACING SUPPORT PAYMENTS MADE FROM VIDEO LOTTERY GAMING
OPERATIONS TO THE RELEVANT HORSEMEN, BREEDERS ORGANIZATIONS OR FRAN-
CHISED CORPORATION AT THE SAME DOLLAR LEVEL REALIZED IN TWO THOUSAND
NINETEEN, TO BE ADJUSTED ANNUALLY PURSUANT TO CHANGES IN THE CONSUMER
PRICE INDEX FOR ALL URBAN CONSUMERS, AS PUBLISHED ANNUALLY BY THE UNITED
STATES DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS.
(B) IN REGION ONE OF ZONE ONE, ONE OR MORE LICENSEES SHALL PAY AN
AMOUNT TO THE RELEVANT HORSEMEN AND THE BREEDERS ORGANIZATIONS AT YONK-
ERS RACEWAY AT THE SAME DOLLAR LEVEL REALIZED IN TWO THOUSAND NINETEEN,
TO BE ADJUSTED ANNUALLY PURSUANT TO CHANGES IN THE CONSUMER PRICE INDEX
FOR ALL URBAN CONSUMERS, AS PUBLISHED ANNUALLY BY THE UNITED STATES
DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS.
§ 12. This act shall take effect immediately.
PART SS
Section 1. The second undesignated paragraph of subdivision a of
section 517 of the retirement and social security law, as amended by
chapter 18 of the laws of 2012, is amended to read as follows:
Notwithstanding the foregoing, during each of the first three plan
years (April first to March thirty-first) in which such member has
established membership in the New York state and local employees'
retirement system, such member shall contribute a percentage of annual
wages in accordance with the preceding schedule based upon a projection
of annual wages provided by the employer. NOTWITHSTANDING THE FOREGOING,
S. 8006--C 213 A. 9006--C
WHEN DETERMINING THE RATE AT WHICH EACH SUCH MEMBER WHO BECAME A MEMBER
OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER
APRIL FIRST, TWO THOUSAND TWELVE SHALL CONTRIBUTE FOR ANY PLAN YEAR
(APRIL FIRST TO MARCH THIRTY-FIRST) BETWEEN APRIL FIRST, TWO THOUSAND
TWENTY-TWO AND APRIL FIRST, TWO THOUSAND TWENTY-FOUR, SUCH RATE SHALL BE
DETERMINED BY REFERENCE TO EMPLOYEES ANNUAL BASE WAGES OF SUCH MEMBER IN
THE SECOND PLAN YEAR (APRIL FIRST TO MARCH THIRTY-FIRST) PRECEDING SUCH
CURRENT PLAN YEAR. BASE WAGES SHALL INCLUDE REGULAR PAY, SHIFT DIFFEREN-
TIAL PAY, LOCATION PAY, AND ANY INCREASED HIRING RATE PAY, BUT SHALL NOT
INCLUDE ANY OVERTIME PAYMENTS.
§ 2. The second undesignated paragraph of paragraph 1 and the second
undesignated paragraph of paragraph 2 of subdivision a, the second
undesignated paragraph of subdivision f and the second undesignated
paragraph of subdivision g of section 613 of the retirement and social
security law, the second undesignated paragraph of paragraph 1 and the
second undesignated paragraph of paragraph 2 of subdivision a as amended
by chapter 510 of the laws of 2015 and the second undesignated paragraph
of subdivision f and the second undesignated paragraph of subdivision g
as amended by chapter 18 of the laws of 2012, are amended to read as
follows:
Notwithstanding the foregoing, during each of the first three plan
years (April first to March thirty-first, except for members of New York
city employees' retirement system, New York city teachers' retirement
system and New York city board of education retirement system, plan year
shall mean January first through December thirty-first commencing with
the January first next succeeding the effective date of [the] chapter
FIVE HUNDRED TEN of the laws of two thousand fifteen [that amended this
paragraph]) in which such member has established membership in a public
retirement system of the state, such member shall contribute a percent-
age of annual wages in accordance with the preceding schedule based upon
a projection of annual wages provided by the employer. NOTWITHSTANDING
THE FOREGOING, WHEN DETERMINING THE RATE AT WHICH EACH SUCH MEMBER WHO
BECAME A MEMBER OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT
SYSTEM, NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, NEW YORK CITY TEACH-
ERS' RETIREMENT SYSTEM AND NEW YORK CITY BOARD OF EDUCATION RETIREMENT
SYSTEM, ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE SHALL CONTRIBUTE
FOR ANY PLAN YEAR (APRIL FIRST TO MARCH THIRTY-FIRST, EXCEPT FOR MEMBERS
OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, NEW YORK CITY TEACH-
ERS' RETIREMENT SYSTEM AND NEW YORK CITY BOARD OF EDUCATION RETIREMENT
SYSTEM, PLAN YEAR SHALL MEAN JANUARY FIRST THROUGH DECEMBER THIRTY-FIRST
COMMENCING WITH JANUARY FIRST NEXT SUCCEEDING THE EFFECTIVE DATE OF
CHAPTER FIVE HUNDRED TEN OF THE LAWS OF TWO THOUSAND FIFTEEN) BETWEEN
APRIL FIRST, TWO THOUSAND TWENTY-TWO AND APRIL FIRST, TWO THOUSAND TWEN-
TY-FOUR, SUCH RATE SHALL BE DETERMINED BY REFERENCE TO EMPLOYEES ANNUAL
BASE WAGES OF SUCH MEMBER IN THE SECOND PLAN YEAR (APRIL FIRST TO MARCH
THIRTY-FIRST) PRECEDING SUCH CURRENT PLAN YEAR. BASE WAGES SHALL INCLUDE
REGULAR PAY, SHIFT DIFFERENTIAL PAY, LOCATION PAY, AND ANY INCREASED
HIRING RATE PAY, BUT SHALL NOT INCLUDE ANY OVERTIME PAYMENTS OR COMPEN-
SATION EARNED FOR EXTRACURRICULAR PROGRAMS OR ANY OTHER PENSIONABLE
EARNINGS PAID IN ADDITION TO THE ANNUAL BASE WAGES.
Notwithstanding the foregoing, during each of the first three plan
years (April first to March thirty-first, provided, however, that plan
year shall mean January first through December thirty-first commencing
with the January first next succeeding the effective date of [the] chap-
ter FIVE HUNDRED TEN of the laws of two thousand fifteen [that amended
this paragraph]) in which such member has established membership in the
S. 8006--C 214 A. 9006--C
New York city employees' retirement system, such member shall contribute
a percentage of annual wages in accordance with the preceding schedule
based upon a projection of annual wages provided by the employer.
NOTWITHSTANDING THE FOREGOING, WHEN DETERMINING THE RATE AT WHICH EACH
SUCH MEMBER WHO BECAME A MEMBER OF, NEW YORK CITY EMPLOYEES' RETIREMENT
SYSTEM, ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE SHALL CONTRIBUTE
FOR ANY PLAN YEAR (APRIL FIRST TO MARCH THIRTY-FIRST, PROVIDED, HOWEV-
ER, THAT PLAN YEAR SHALL MEAN JANUARY FIRST THROUGH DECEMBER THIRTY-
FIRST COMMENCING WITH THE JANUARY FIRST NEXT SUCCEEDING THE EFFECTIVE
DATE OF CHAPTER FIVE HUNDRED TEN OF THE LAWS OF TWO THOUSAND FIFTEEN)
BETWEEN APRIL FIRST, TWO THOUSAND TWENTY-TWO AND APRIL FIRST, TWO THOU-
SAND TWENTY-FOUR, SUCH RATE SHALL BE DETERMINED BY REFERENCE TO
EMPLOYEES ANNUAL BASE WAGES OF SUCH MEMBER IN THE SECOND PLAN YEAR
(APRIL FIRST TO MARCH THIRTY-FIRST) PRECEDING SUCH CURRENT PLAN YEAR.
BASE WAGES SHALL INCLUDE REGULAR PAY, SHIFT DIFFERENTIAL PAY, LOCATION
PAY, AND ANY INCREASED HIRING RATE PAY, BUT SHALL NOT INCLUDE ANY OVER-
TIME PAYMENTS.
Notwithstanding the foregoing, during each of the first three plan
years (April first to March thirty-first) in which such member has
established membership in the New York state and local employees'
retirement system, such member shall contribute a percentage of annual
wages in accordance with the preceding schedule based upon a projection
of annual wages provided by the employer. NOTWITHSTANDING THE FOREGOING,
WHEN DETERMINING THE RATE AT WHICH EACH SUCH MEMBER WHO BECAME A MEMBER
OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER
APRIL FIRST, TWO THOUSAND TWELVE SHALL CONTRIBUTE FOR ANY PLAN YEAR
(APRIL FIRST TO MARCH THIRTY-FIRST) BETWEEN APRIL FIRST, TWO THOUSAND
TWENTY-TWO AND APRIL FIRST, TWO THOUSAND TWENTY-FOUR, SUCH RATE SHALL BE
DETERMINED BY REFERENCE TO EMPLOYEES ANNUAL BASE WAGES OF SUCH MEMBER IN
THE SECOND PLAN YEAR (APRIL FIRST TO MARCH THIRTY-FIRST) PRECEDING SUCH
CURRENT PLAN YEAR. BASE WAGES SHALL INCLUDE REGULAR PAY, SHIFT DIFFEREN-
TIAL PAY, LOCATION PAY, AND ANY INCREASED HIRING RATE PAY, BUT SHALL NOT
INCLUDE ANY OVERTIME PAYMENTS.
Notwithstanding the foregoing, during each of the first three plan
years (July first to June thirtieth) in which such member has estab-
lished membership in the New York state teachers' retirement system,
such member shall contribute a percentage of annual wages in accordance
with the preceding schedule based upon a projection of annual wages
provided by the employer. NOTWITHSTANDING THE FOREGOING, WHEN DETERMIN-
ING THE CONTRIBUTION RATE AT WHICH A MEMBER OF THE NEW YORK STATE TEACH-
ERS' RETIREMENT SYSTEM WITH A DATE OF MEMBERSHIP ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE SHALL CONTRIBUTE FOR PLAN YEARS (JULY FIRST
TO JUNE THIRTIETH) BETWEEN JULY FIRST, TWO THOUSAND TWENTY-TWO AND JULY
FIRST, TWO THOUSAND TWENTY-FOUR, SUCH RATE SHALL BE DETERMINED BY REFER-
ENCE TO THE MEMBER'S ANNUAL BASE WAGES IN THE SECOND PLAN YEAR (JULY
FIRST TO JUNE THIRTIETH) PRECEDING SUCH CURRENT PLAN YEAR. ANNUAL BASE
WAGES SHALL NOT INCLUDE COMPENSATION EARNED FOR EXTRACURRICULAR PROGRAMS
OR ANY OTHER PENSIONABLE EARNINGS PAID IN ADDITION TO THE ANNUAL BASE
WAGES.
§ 3. The second undesignated paragraph of section 1204 of the retire-
ment and social security law, as amended by chapter 18 of the laws of
2012, is amended to read as follows:
Notwithstanding the foregoing, during each of the first three plan
years (April first to March thirty-first) in which such member has
established membership in the New York state and local police and fire
retirement system, such member shall contribute a percentage of annual
S. 8006--C 215 A. 9006--C
wages in accordance with the preceding schedule based upon a projection
of annual wages provided by the employer. NOTWITHSTANDING THE FOREGOING,
WHEN DETERMINING THE RATE AT WHICH EACH SUCH MEMBER WHO BECAME A MEMBER
OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM ON OR
AFTER APRIL FIRST, TWO THOUSAND TWELVE SHALL CONTRIBUTE FOR ANY PLAN
YEAR (APRIL FIRST TO MARCH THIRTY-FIRST) BETWEEN APRIL FIRST, TWO THOU-
SAND TWENTY-TWO AND APRIL FIRST, TWO THOUSAND TWENTY-FOUR, SUCH RATE
SHALL BE DETERMINED BY REFERENCE TO EMPLOYEES ANNUAL BASE WAGES OF SUCH
MEMBER IN THE SECOND PLAN YEAR (APRIL FIRST TO MARCH THIRTY-FIRST)
PRECEDING SUCH CURRENT PLAN YEAR. BASE WAGES SHALL INCLUDE REGULAR PAY,
SHIFT DIFFERENTIAL PAY, LOCATION PAY, AND ANY INCREASED HIRING RATE PAY,
BUT SHALL NOT INCLUDE ANY OVERTIME PAYMENTS. Effective April first, two
thousand twelve, all members subject to the provisions of this article
shall not be required to make member contributions on annual wages
excluded from the calculation of final average salary pursuant to
section [1203] TWELVE HUNDRED THREE of this article. Nothing in this
section, however, shall be construed or deemed to allow members to
receive a refund of any member contributions on such wages paid prior to
April first, two thousand twelve.
§ 4. Nothing in this act shall be construed or deemed to allow members
to receive a refund of any member contributions made or collected prior
to the effective date of this act.
§ 5. Notwithstanding any other provision of law to the contrary, none
of the provisions of this act shall be subject to section 25 of the
retirement and social security law.
§ 6. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2022.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would exclude overtime pay from the annual wages used to
determine the variable member contribution rate for Tier 6 members of
the New York State and Local Retirement System during the period of
April 1, 2022 to April 1, 2024. There will be no return of member
contributions.
Section 25 does not apply.
Insofar as this bill affects the New York State and Local Employees'
Retirement System (NYSLERS), if this legislation is enacted during the
2022 legislative session, there will be an increase in the present value
of benefits of approximately $27 million which would be shared by the
State of New York and all participating employers in the NYSLERS. The
estimated first-year cost would be approximately $1.2 million to the
State of New York and approximately $1.7 million to the participating
employers in the NYSLERS.
Insofar as this bill affects the New York State and Local Police and
Fire Retirement System (NYSLPFRS), if this legislation is enacted during
the 2022 legislative session, there will be an increase in the present
value of benefits of approximately $5 million which would be shared by
the State of New York and all participating employers in the NYSLPFRS.
The estimated first-year cost would be approximately $0.1 million to the
State of New York and approximately $0.4 million to the participating
employers in the NYSLPFRS.
In addition to the first-year costs discussed above, implementing the
provisions of this legislation would generate administrative costs.
Summary of relevant resources:
Membership data as of March 31, 2021 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2021 actuari-
al valuation. Distributions and other statistics can be found in the
S. 8006--C 216 A. 9006--C
2021 Report of the Actuary and the 2021 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2020
and 2021 Annual Report to the Comptroller on Actuarial Assumptions, and
the Codes, Rules and Regulations of the State of New York: Audit and
Control.
The Market Assets and GASB Disclosures are found in the March 31, 2021
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated April 7, 2022, and intended for use only during
the 2022 Legislative Session, is Fiscal Note No. 2022-123, prepared by
the Actuary for the New York State and Local Retirement System.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
As this bill relates to the New York State Teachers' Retirement
System, this bill would amend Section 613 of the Retirement and Social
Security Law to permit the employee contribution rate for Tier 6 members
to be determined using only a member's annual base wages and would not
include compensation earned for extracurricular programs or any other
pensionable earnings paid in addition to the annual base wages, for
employee contributions to be made during the two fiscal years ending
June 30, 2023 and June 30, 2024. Currently, the employee contribution
rate for a Tier 6 member is determined using a member's total annual
wages, including earnings from extracurricular programs and any other
pensionable earnings paid to the member.
The cost for using only annual base wages to determine the employee
contribution rate for Tier 6 members during 2023 and 2024 is estimated
to be $9.3 million, over the two-year period, if this bill is enacted.
This is not a recurring annual cost, but rather a temporary cost due to
the projected decrease in employee contributions to be made during the
two fiscal years ending June 30, 2023 and June 30, 2024.
Member data is from the System's most recent actuarial valuation
files, consisting of data provided by the employers to the Retirement
System. Data distributions and statistics can be found in the System's
Annual Report. System assets are as reported in the System's financial
statements and can also be found in the System's Annual Report. Actuari-
al assumptions and methods are provided in the System's Actuarial Valu-
ation Report and the 2021 Actuarial Assumptions Report.
The source of this estimate is Fiscal Note 2022-37 dated April 6, 2022
prepared by the Office of the Actuary of the New York State Teachers'
Retirement System and is intended for use only during the 2022 Legisla-
tive Session. I, Richard A. Young, am the Chief Actuary for the New York
State Teachers' Retirement System. I am a member of the American Academy
of Actuaries and I meet the Qualification Standards of the American
Academy of Actuaries to render the actuarial opinion contained herein.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY OF BILL: This proposed legislation, as it relates to the New
York City Retirement Systems and Pension Funds (NYCRS), would amend
Section 613 of the Retirement and Social Security Law (RSSL) to limit
the salary used in determining employee contribution rates during a
certain period of time by excluding compensation earned for work
performed outside of the regular hours or workday for Tier 6 members of
S. 8006--C 217 A. 9006--C
the New York City Employees' Retirement System (NYCERS), the New York
City Teachers' Retirement System (NYCTRS), and the New York City Board
of Education Retirement System (BERS).
Effective Date: Upon enactment.
BACKGROUND: Currently, Tier 6 members of NYCERS, NYCTRS, and BERS are
required to make Basic Member Contributions (BMC) ranging from 3% to 6%
depending on the members' applicable annual wages. Annual wages include
overtime up to a certain limit ($17,301 for calendar year 2021).
Under the proposed legislation, if enacted, any pensionable earnings
paid in addition to the annual base wages, including overtime and
compensation earned for extracurricular activities, during the specified
period would be excluded from annual wages used to calculate Tier 6 BMC
rates.
FINANCIAL IMPACT - PRESENT VALUES: The estimated financial impact of
implementing the changes described above is a decrease in the Present
Value of member contributions. There is also a small decrease in the
Present Value of Future Benefits (PVFB) as a result of reduced refunds
of member contributions upon termination of employment. The net result
is an increase in the Present Value of future employer contributions and
annual employer contributions of NYCERS, NYCTRS, and BERS. A breakdown
of the financial impact by System is shown in the table below.
Additional Estimated First Year
NYCRS Present Value of Future Annual Employer
Employer Contributions Contributions
($ Millions) ($ Millions)
NYCERS $ 9.9 $0.9
NYCTRS 6.1 0.4
BERS * 0.0 0.0
Total $16.0 $1.3**
* The increase in the Present Value of future employer contributions
and annual employer contributions for BERS is expected to be de minimis.
** The increase in the employer contributions is estimated to be $0.8
million for New York City and $0.5 million for the other obligors of
NYCRS.
In accordance with Section 13-638.2(k-2) of the Administrative Code of
the City of New York (ACCNY), new Unfunded Accrued Liability (UAL)
attributable to benefit changes are to be amortized as determined by the
Actuary but are generally amortized over the remaining working lifetime
of those impacted by the benefit changes.
As of June 30, 2021, the remaining working lifetime of NYCERS Tier 6
members is approximately 16 years, NYCTRS Tier 6 members is approximate-
ly 20 years, and BERS Tier 6 members is approximately 15 years.
For purposes of this Fiscal Note, the increase in the UAL for NYCERS
was amortized over a 16-year period (15 payments under the One-Year Lag
Methodology (OYLM)) using level dollar payments. Under the same method-
ology the increase in the UAL for NYCTRS and BERS was amortized over 19
and 14 payments, respectively.
CONTRIBUTION TIMING: For the purposes of this Fiscal Note, it is
assumed that the changes in the Present Value of future employer
contributions and annual employer contributions would be reflected for
the first time in the Final June 30, 2021 actuarial valuation of NYCERS,
NYCTRS, and BERS. In accordance with the OYLM used to determine employer
S. 8006--C 218 A. 9006--C
contributions, the increase in employer contributions would first be
reflected in Fiscal Year 2023.
CENSUS DATA: The estimates presented herein are based on the census
data used in the Preliminary June 30, 2021 (Lag) actuarial valuation of
NYCERS, NYCTRS, and BERS to determine the Preliminary Fiscal Year 2023
employer contributions.
The table below contains a summary of the census data for Tier 6
members in NYCERS, NYCTRS, and BERS as of June 30, 2021.
NYCRS Active Average Average Average
Count Age Service Salary
NYCERS 71,663 41.3 3.9 $72,000
NYCTRS 49,642 37.1 4.5 $74,600
BERS 12,229 45.5 3.3 $50,400
ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the Present Value of
future employer contributions and annual employer contributions
presented herein have been calculated based on the actuarial assumptions
and methods in effect for the June 30, 2021 (Lag) actuarial valuations
used to determine the Preliminary Fiscal Year 2023 employer contrib-
utions of NYCERS, NYCTRS, and BERS.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the realization of the actuarial assumptions used, as well as
certain demographic characteristics of NYCERS, NYCTRS, and BERS and
other exogenous factors such as investment, contribution, and other
risks. If actual experience deviates from actuarial assumptions, the
actual costs could differ from those presented herein. Costs are also
dependent on the actuarial methods used, and therefore different actuar-
ial methods could produce different results. Quantifying these risks is
beyond the scope of this Fiscal Note.
Not measured in this Fiscal Note are the following:
* The initial, additional administrative costs of NYCERS, NYCTRS, and
BERS and other New York City agencies to implement the proposed legis-
lation.
STATEMENT OF ACTUARIAL OPINION: I, Michael J. Samet, am the Interim
Chief Actuary for, and independent of, the New York City Retirement
Systems and Pension Funds. I am a Fellow of the Society of Actuaries and
a Member of the American Academy of Actuaries. I meet the Qualification
Standards of the American Academy of Actuaries to render the actuarial
opinion contained herein. To the best of my knowledge, the results
contained herein have been prepared in accordance with generally
accepted actuarial principles and procedures and with the Actuarial
Standards of Practice issued by the Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2022-16 dated April 7,
2022 was prepared by the Interim Chief Actuary for the New York City
Employees' Retirement System, the New York City Teachers' Retirement
System, and the New York City Board of Education Retirement System. This
estimate is intended for use only during the 2022 Legislative Session.
PART TT
Section 1. Subdivision a of section 516 of the retirement and social
security law, as amended by section 4 of part B of chapter 504 of the
laws of 2009, is amended to read as follows:
S. 8006--C 219 A. 9006--C
a. A member who has five or more years of credited service [or ten or
more years of credited service for members who first join the New York
state and local employees' retirement system on or after January first,
two thousand ten] upon termination of employment shall be entitled to a
deferred vested benefit as provided herein.
§ 2. Subdivisions a and a-1 of section 612 of the retirement and
social security law, as amended by chapter 18 of the laws of 2012, are
amended to read as follows:
a. Except as provided in subdivision a-1 of this section, a member who
has five or more years of credited service[, or ten or more years of
credited service for a member who first joined the New York state and
local employees' retirement system or the New York state teachers'
retirement system on or after January first, two thousand ten], upon
termination of employment, other than a member who is entitled to a
deferred vested benefit pursuant to any other provision of this article,
shall be entitled to a deferred vested benefit at normal retirement age
computed in accordance with the provisions of section six hundred four
of this article. Except as provided in subdivision a-1 of this section,
a member of a teachers' retirement system or the New York state and
local employees' retirement system who has five or more years of credit-
ed service, [or ten or more years of credited service for a member who
first becomes a member of the New York state and local employees'
retirement system or the New York state teachers' retirement system on
or after January first, two thousand ten,] upon termination of employ-
ment shall be entitled to a deferred vested benefit prior to normal
retirement age, but no earlier than age fifty-five, computed in accord-
ance with the provisions of subdivision i of section six hundred three
of this article as amended by section eight of part B of chapter five
hundred four of the laws of two thousand nine. Anything to the contrary
notwithstanding, a member of a public retirement system of the state who
first became a member of such system on or after April first, two thou-
sand twelve must have at least [ten] FIVE years of credited service in
order to qualify for a deferred vested benefit under this section; such
member shall not be entitled to such benefit prior to the member's
attainment of age sixty-three; and such deferred vested benefit shall be
computed pursuant to subdivision b-1 of section six hundred four of this
article.
a-1. Notwithstanding the provisions of subdivision a of this section
or any other provision of law to the contrary, (i) a member of the New
York city teachers' retirement system who holds a position represented
by the recognized teacher organization for collective bargaining
purposes, who became subject to the provisions of this article after the
effective date of this subdivision, and who has [ten] FIVE or more years
of credited service, or (ii) a member of the New York city board of
education retirement system who holds a position represented by the
recognized teacher organization for collective bargaining purposes, who
became subject to the provisions of this article after the effective
date of this subdivision, and who has [ten] FIVE or more years of cred-
ited service, other than such a member of either of such retirement
systems who is entitled to a deferred vested benefit pursuant to any
other provision of this article, shall, upon termination of employment,
be entitled to a deferred vested benefit at normal retirement age
computed in accordance with the provisions of section six hundred four
of this article. Notwithstanding the provisions of subdivision a of
this section or any other provision of law to the contrary, a member of
the New York city teachers' retirement system who holds a position
S. 8006--C 220 A. 9006--C
represented by the recognized teacher organization for collective
bargaining purposes, who became subject to the provisions of this arti-
cle after the effective date of this subdivision, and who has [ten] FIVE
or more years of credited service, shall, upon termination of employ-
ment, be entitled to a deferred vested benefit prior to normal retire-
ment age, but no earlier than age fifty-five, computed in accordance
with the provisions of subdivision i of section six hundred three of
this article, provided, however, that any such member of either of such
retirement systems who is a New York city revised plan member shall be
required to have at least [ten] FIVE years of credited service in order
to be eligible for a deferred vested benefit, such member shall not be
entitled to payability of such benefit prior to attainment of age
sixty-three and such deferred vested benefit shall be computed pursuant
to subdivision b-1 of section six hundred four of this article.
§ 3. Subdivisions a and b of section 502 of the retirement and social
security law, as amended by section 2 of part B of chapter 504 of the
laws of 2009, are amended to read as follows:
a. A member who first joins a public retirement system of this state
on or after June thirtieth, nineteen hundred seventy-six shall not be
eligible for service retirement benefits hereunder until such member has
rendered a minimum of five years of creditable service after July first,
nineteen hundred seventy-three[, except that a member who first joins
the New York state and local employees' retirement system on or after
January first, two thousand ten shall not be eligible for service
retirement benefits pursuant to this article until such member has
rendered a minimum of ten years of credited service].
b. A member who previously was a member of a public retirement system
of this state shall not be eligible for service retirement benefits
hereunder until such member has rendered a minimum of five years of
service which is creditable pursuant to section five hundred thirteen of
this article. [A member who first joins the New York state and local
employees' retirement system on or after January first, two thousand ten
shall not be eligible for service retirement benefits pursuant to this
article until such member has rendered a minimum of ten years of credit-
ed service.]
§ 4. Subdivisions a, b and b-1 of section 602 of the retirement and
social security law, subdivisions a and b as separately amended by
section 6 of part B and section 1 of part C of chapter 504 of the laws
of 2009, and subdivision b-1 as amended by chapter 18 of the laws of
2012, are amended to read as follows:
a. Except as provided in subdivision b-1 of this section, a member who
first joins a public retirement system of this state on or after July
first, nineteen hundred seventy-six shall not be eligible for service
retirement benefits hereunder until such member has rendered a minimum
of five years of credited service[, except that a member who first joins
the New York state and local employees' retirement system or the New
York state teachers' retirement system on or after January first, two
thousand ten shall not be eligible for service retirement benefits
pursuant to this article until such member has rendered a minimum of ten
years of credited service].
b. Except as provided in subdivision b-1 of this section, a member who
previously was a member of a public retirement system of this state
shall not be eligible for service retirement benefits hereunder until
such member has rendered a minimum of five years of service which is
credited pursuant to section six hundred nine of this article. [A member
who first joins the New York state and local employees' retirement
S. 8006--C 221 A. 9006--C
system or the New York state teachers' retirement system on or after
January first, two thousand ten shall not be eligible for service
retirement benefits pursuant to this article until such member has
rendered a minimum of ten years of credited service.]
b-1. (1) Notwithstanding the provisions of subdivision a or b of this
section or any other provision of law to the contrary, (i) a member of
the New York city teachers' retirement system who holds a position
represented by the recognized teacher organization for collective
bargaining purposes, and who became subject to the provisions of this
article after the effective date of this subdivision, or (ii) a member
of the New York city board of education retirement system who holds a
position represented by the recognized teacher organization for collec-
tive bargaining purposes, and who became subject to the provisions of
this article after the effective date of this subdivision, shall not be
eligible for service retirement benefits hereunder until such member has
rendered a minimum of [ten] FIVE years of credited service.
(2) Notwithstanding the provisions of subdivision a or b of this
section or any other provision of law to the contrary, a member who
first joins a public retirement system of the state on or after April
first, two thousand twelve shall not be eligible for service retirement
benefits hereunder until such member has rendered a minimum of [ten]
FIVE years of credited service.
§ 5. Subparagraph (ii) of paragraph 1 of subdivision d of section
604-b of the retirement and social security law, as amended by chapter
18 of the laws of 2012, is amended to read as follows:
(ii) [in the case of a participant who is not a New York city revised
plan member,] prior to such discontinuance, completed five but less than
twenty-five years of allowable service in the transit authority [or, in
the case of a participant who is a New York city revised plan member,
has completed ten but less than twenty-five years of allowable service
in the transit authority prior to such discontinuance]; and
§ 6. Subparagraph (ii) of paragraph 1 of subdivision d of section
604-c of the retirement and social security law, as amended by chapter
18 of the laws of 2012, is amended to read as follows:
(ii) [in the case of a participant who is not a New York city revised
plan member,] prior to such discontinuance, completed five but less than
twenty years of credited service [or, in the case of a participant who
is a New York city revised plan member, has completed ten but less than
twenty years of credited service]; and
§ 7. Subparagraph (ii) of paragraph 1 of subdivision d of section
604-e of the retirement and social security law, as amended by section
41 of chapter 18 of the laws of 2012, is amended to read as follows:
(ii) [in the case of a participant who is not a New York city revised
plan member,] who prior to such discontinuance, completed five but less
than twenty-five years of allowable service as a dispatcher member [or,
in the case of a participant who is a New York city revised plan member,
who prior to such discontinuance, completed ten but less than twenty-
five years of allowable service as a dispatcher member]; and
§ 8. Subparagraph (ii) of paragraph 1 of subdivision d of section
604-e of the retirement and social security law, as amended by section
43 of chapter 18 of the laws of 2012, is amended to read as follows:
(ii) [in the case of a participant who is not a New York city revised
plan member,] who prior to such discontinuance, completed five but less
than twenty-five years of allowable service as an EMT member [or, in the
case of a participant who is a New York city revised plan member, who
S. 8006--C 222 A. 9006--C
prior to such discontinuance, completed ten but less than twenty-five
years of allowable service as an EMT member]; and
§ 9. Subparagraph (ii) of paragraph 1 of subdivision d of section
604-f of the retirement and social security law, as amended by section
45 of chapter 18 of the laws of 2012, is amended to read as follows:
(ii) [in the case of a participant who is not a New York city revised
plan member,] who prior to such discontinuance, completed five but less
than twenty-five years of credited service [or, in the case of a partic-
ipant who is a New York city revised plan member, who prior to such
discontinuance, completed ten but less than twenty-five years of credit-
ed service]; and
§ 10. Subparagraph (ii) of paragraph 1 of subdivision d of section
604-f of the retirement and social security law, as amended by section
47 of chapter 18 of the laws of 2012, is amended to read as follows:
(ii) [in the case of a participant who is not a New York city revised
plan member,] who prior to such discontinuance, completed five but less
than twenty-five years of allowable service as a special officer, park-
ing control specialist, school safety agent, campus peace officer or
taxi and limousine inspector member [or, in the case of a participant
who is a New York city revised plan member, who prior to such discontin-
uance, completed ten but less than twenty-five years of allowable
service as a special officer, parking control specialist, school safety
agent, campus peace officer or taxi and limousine inspector member]; and
§ 11. Subparagraph (ii) of paragraph 1 of subdivision d of section
604-g of the retirement and social security law, as amended by chapter
18 of the laws of 2012, is amended to read as follows:
(ii) [in the case of a participant who is not a New York city revised
plan member,] who prior to such discontinuance, completed five but less
than twenty-five years of credited service [or, in the case of a partic-
ipant who is a New York city revised plan member, who prior to such
discontinuance, completed ten but less than twenty-five years of credit-
ed service]; and
§ 12. Subparagraph (ii) of paragraph 1 of subdivision d of section
604-h of the retirement and social security law, as amended by chapter
18 of the laws of 2012, is amended to read as follows:
(ii) [in the case of a participant who is not a New York city revised
plan member,] who prior to such discontinuance, completed five but less
than twenty-five years of credited service [or, in the case of a partic-
ipant who is a New York city revised plan member, who prior to such
discontinuance, completed ten but less than twenty-five years of credit-
ed service]; and
§ 13. Subdivision a of section 1202 of the retirement and social secu-
rity law, as added by section 1 of part A of chapter 504 of the laws of
2009, is amended to read as follows:
a. In order to qualify for a service retirement benefit, members
subject to the provisions of this article must have a minimum of [ten]
FIVE years of creditable service.
§ 14. Nothing in this act shall be construed or deemed to allow
members to receive a refund of any member contributions made prior to
the effective date of this act.
§ 15. Notwithstanding any other provision of law to the contrary, none
of the provisions of this act shall be subject to section 25 of the
retirement and social security law.
§ 16. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
S. 8006--C 223 A. 9006--C
This bill would provide members of Tier 5 and Tier 6 in the New York
State and Local Employees' Retirement System (NYSLERS) or in the New
York State and Local Police and Fire Retirement System (NYSLPFRS) vested
status upon attainment of 5 years of service credit. It also clarifies
that these NYSLERS members will only be ineligible for a service retire-
ment benefit prior to attaining 5 years of service credit, to align with
the revised vesting requirement. Currently, these members are ineligible
for a service retirement benefit prior to attaining 10 years of service
credit, after which they become vested and eligible for a vested
deferred benefit.
Insofar as this bill affects the NYSLERS, if this legislation is
enacted during the 2022 legislative session, there would be an increase
in accrued liabilities of approximately $430 million, due to the past
service accruals of tier 5 and 6 members, which would be shared by the
State of New York and all local participating employers in the NYSLERS.
This will increase the billing rates charged annually to all participat-
ing employers by approximately 0.2% of salary, beginning with the fiscal
year ending March 31, 2023.
In addition to the cost for past service above, there would be a cost
for future service accruals which would further increase the annual
billing rates for tier 5 members by 0.2% of salary (for a 0.4% total
annual rate increase) and further increase the annual billing rates for
tier 6 members by 0.1% of salary (for a 0.3% total annual rate
increase).
Insofar as this bill affects the NYSLPFRS, if this legislation is
enacted during the 2022 legislative session, there would be an increase
in the billing rates charged annually to the State of New York and all
other participating employers in the NYSLPFRS of approximately 0.1% of
salary, beginning with the fiscal year ending March 31, 2023.
These estimated costs are based on 250,109 affected members with annu-
al salary of approximately $11.6 billion as of March 31, 2021.
Summary of relevant resources:
Membership data as of March 31, 2021 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2021 actuari-
al valuation. Distributions and other statistics can be found in the
2021 Report of the Actuary and the 2021 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2020
and 2021 Annual Report to the Comptroller on Actuarial Assumptions, and
the Codes, Rules and Regulations of the State of New York: Audit and
Control.
The Market Assets and GASB Disclosures are found in the March 31, 2021
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated April 6, 2022, and intended for use only during
the 2022 Legislative Session, is Fiscal Note No. 2022-122, prepared by
the Actuary for the New York State and Local Retirement System.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
As this bill relates to the New York State Teachers' Retirement
System, this bill would amend Sections 602 and 612 of the Retirement and
Social Security Law by reducing the number of years of credited service
S. 8006--C 224 A. 9006--C
required for vesting to five years for Tier 5 and 6 members for purposes
of eligibility for a service retirement benefit or a deferred-vested
retirement benefit. Currently, Tier 5 and 6 members need to have ten
years of credited service to be vested for a service retirement benefit
or a deferred-vested retirement benefit. Members who withdraw with
between five and ten years of service credit will have the option of
either receiving a refund of their accumulated member contributions or
receiving the deferred-vested retirement benefit when eligible.
The annual cost to the employers of members of the New York State
Teachers' Retirement System for this benefit is estimated to be $6.2
million or .04% of payroll if this bill is enacted.
The System's "new entrant rate", a hypothetical employer contribution
rate that would occur if we started a new Retirement System without any
assets, is equal to 4.69% of pay under the current Tier 6 benefit struc-
ture. This can be thought of as the long-term expected employer cost of
Tier 6, based on the current actuarial assumptions. For the proposed
change to the Tier 6 benefit structure under this bill, this new entrant
rate is estimated to increase to 4.76% of pay, an increase of .07% of
pay.
Member data is from the System's most recent actuarial valuation
files, consisting of data provided by the employers to the Retirement
System. Data distributions and statistics can be found in the System's
Annual Report. System assets are as reported in the System's financial
statements and can also be found in the System's Annual Report. Actuar-
ial assumptions and methods are provided in the System's Actuarial Valu-
ation Report and the 2021 Actuarial Assumptions Report.
The source of this estimate is Fiscal Note 2022-36 dated April 8,
2022, prepared by the Office of the Actuary of the New York State Teach-
ers' Retirement System and is intended for use only during the 2022
Legislative Session. I, Richard A. Young, am the Chief Actuary for the
New York State Teachers' Retirement System. I am a member of the Ameri-
can Academy of Actuaries and I meet the Qualification Standards of the
American Academy of Actuaries to render the actuarial opinion contained
herein.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY OF BILL: This proposed legislation, as it relates to the New
York City Retirement Systems (NYCRS), would amend Article 15 of the
Retirement and Social Security Law (RSSL) to reduce vesting requirements
for certain Tier 4 members with a membership date after December 10,
2009 and Tier 6 members of the New York City Employees' Retirement
System (NYCERS), the New York City Teachers' Retirement System (NYCTRS),
and the New York City Board of Education Retirement System (BERS).
Effective Date: Upon enactment.
IMPACT ON BENEFITS: Currently, Tier 6 members of NYCERS, NYCTRS, and
BERS, as well as Tier 4 members of NYCTRS and BERS who held a position
represented by the recognized teacher organization and who became
members after December 10, 2009, need a minimum of 10 years of Credited
Service to be eligible for a vested benefit. Such members are also inel-
igible to retire for service without at least 10 years of Credited
Service.
Under the proposed legislation, if enacted, the required service for a
vested benefit or service retirement benefit would be lowered to five
years.
FINANCIAL IMPACT-SUMMARY: The financial impact will generally increase
as the impacted populations increase over time, assuming that the demo-
graphics of new entrants remain similar to what they were historically.
S. 8006--C 225 A. 9006--C
The estimated financial impact of implementing the changes described
above is an increase in the Present Value of Future Benefits (PVFB) and
a decrease in the Present Value of member contributions. The net result
is an increase in the Present Value of future employer contributions and
annual employer contributions for NYCERS, NYCTRS, and BERS. A breakdown
of the financial impact by System is shown in the table below.
Additional Estimated First Year
NYCRS Present Value of Future Annual Employer
Employer Contributions Contributions
($ Millions) ($ Millions)
NYCERS $110.8 $25.8
NYCTRS 39.8 7.8
BERS 30.9 5.0
Total $181.5 $38.6*
* The increase in the employer contributions is estimated to be $24.5
million for New York City and $14.1 million for the other obligors of
NYCRS.
In accordance with Section 13-638.2(k-2) of the Administrative Code of
the City of New York (ACCNY), new Unfunded Accrued Liability (UAL)
attributable to benefit changes are to be amortized as determined by the
Actuary but are generally amortized over the remaining working lifetime
of those impacted by the benefit changes. As of June 30, 2021, the
remaining working lifetime of NYCERS Tier 6 members is approximately
16-years, NYCTRS impacted members is approximately 20 years, and BERS
impacted members is approximately 14 years.
For purposes of this Fiscal Note, the increase in the UAL for NYCERS
was amortized over a 16-year period (15 payments under the One-Year Lag
Methodology (OYLM)) using level dollar payments. Under the same method-
ology the increase in the UAL for NYCTRS and BERS was amortized over 19
and 13 payments, respectively.
CONTRIBUTION TIMING: For the purposes of this Fiscal Note, it is
assumed that the changes in the Present Value of future employer
contributions and annual employer contributions would be reflected for
the first time in the Final June 30, 2021 actuarial valuations of
NYCERS, NYCTRS, and BERS. In accordance with the OYLM used to determine
employer contributions, the increase in employer contributions would
first be reflected in Fiscal Year 2023.
CENSUS DATA: The estimates presented herein are based on the census
data used in the Preliminary June 30, 2021 (Lag) actuarial valuations of
NYCERS, NYCTRS, and BERS to determine the Preliminary Fiscal Year 2023
employer contributions.
The table below contains a summary of the census data for the members
in the plans affected by the proposed legislation as of June 30, 2021.
NYCRS Active Average Average Average
Count Age Service Salary
NYCERS 71,663 41.3 3.9 $72,000
NYCTRS 59,134 38.0 5.4 $76,200
BERS 12,707 45.5 3.5 $52,100
ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the Present Value of
future employer contributions and annual employer contributions
presented herein have been calculated based on the actuarial assumptions
and methods in effect for the June 30, 2021 (Lag) actuarial valuations
S. 8006--C 226 A. 9006--C
used to determine the Preliminary Fiscal Year 2023 employer contrib-
utions of NYCERS, NYCTRS, and BERS.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the realization of the actuarial assumptions used, as well as
certain demographic characteristics of NYCERS, NYCTRS, and BERS and
other exogenous factors such as investment, contribution, and other
risks. If actual experience deviates from actuarial assumptions, the
actual costs could differ from those presented herein. Costs are also
dependent on the actuarial methods used, and therefore different actuar-
ial methods could produce different results. Quantifying these risks is
beyond the scope of this Fiscal Note.
Not measured in this Fiscal Note are the following:
* The initial, additional administrative costs of NYCERS, NYCTRS,
BERS, and other New York City agencies to implement the proposed legis-
lation.
* The impact of this proposed legislation on Other Postemployment
Benefit (OPEB) costs.
* Costs associated with former members of NYCRS with five or more
years of service who may become eligible to vest under the proposed
legislation.
* The cost of potential Tax-Deferred Annuity (TDA) plan accelerated
vesting.
STATEMENT OF ACTUARIAL OPINION: I, Michael J. Samet, am the Interim
Chief Actuary for, and independent of, the New York City Retirement
Systems and Pension Funds. I am a Fellow of the Society of Actuaries and
a Member of the American Academy of Actuaries. I meet the Qualification
Standards of the American Academy of Actuaries to render the actuarial
opinion contained herein. To the best of my knowledge, the results
contained herein have been prepared in accordance with generally
accepted actuarial principles and procedures and with the Actuarial
Standards of Practice issued by the Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2022-17 dated April 7,
2022 was prepared by the Interim Chief Actuary for the New York City
Employees' Retirement System, the New York City Teachers' Retirement
System, and the New York City Board of Education Retirement System. This
estimate is intended for use only during the 2022 Legislative Session.
PART UU
Section 1. This act enacts into law components of legislation relating
to criminal justice reform. Each component is wholly contained within a
Subpart identified as Subparts A through H. 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. Sections 265.12 and 265.13 of the penal law, as amended by
chapter 764 of the laws of 2005, are amended to read as follows:
§ 265.12 Criminal sale of a firearm in the second degree.
S. 8006--C 227 A. 9006--C
A person is guilty of criminal sale of a firearm in the second degree
when such person:
(1) unlawfully sells, exchanges, gives or disposes of to another five
or more firearms; or
(2) unlawfully sells, exchanges, gives or disposes of to another
person or persons a total of [five] TWO or more firearms in a period of
not more than one year.
Criminal sale of a firearm in the second degree is a class C felony.
§ 265.13 Criminal sale of a firearm in the first degree.
A person is guilty of criminal sale of a firearm in the first degree
when such person:
(1) unlawfully sells, exchanges, gives or disposes of to another ten
or more firearms; or
(2) unlawfully sells, exchanges, gives or disposes of to another
person or persons a total of [ten] THREE or more firearms in a period of
not more than one year.
Criminal sale of a firearm in the first degree is a class B felony.
§ 2. Subdivision 6 of section 265.15 of the penal law, as added by
chapter 233 of the laws of 1980, is amended to read as follows:
6. The possession of [five] THREE or more firearms by any person is
presumptive evidence that such person possessed the firearms with the
intent to sell same.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.
SUBPART B
Section 1. Subparagraph (viii) of paragraph (b) of subdivision 1 of
section 150.20 of the criminal procedure law, as added by section 1-a of
part JJJ of chapter 59 of the laws of 2019, is amended and three new
subparagraphs (ix), (x), and (xi) are added to read as follows:
(viii) it reasonably appears to the officer, based on the observed
behavior of the individual in the present contact with the officer and
facts regarding the person's condition that indicates a sign of distress
to such a degree that the person would face harm without immediate
medical or mental health care, that bringing the person before the court
would be in such person's interest in addressing that need; provided,
however, that before making the arrest, the officer shall make all
reasonable efforts to assist the person in securing appropriate
services[.];
(IX) THE PERSON IS EIGHTEEN YEARS OF AGE OR OLDER AND CHARGED WITH
CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS AS DEFINED IN SECTION
265.01-A OF THE PENAL LAW;
(X) THE PERSON IS EIGHTEEN YEARS OF AGE OR OLDER AND CHARGED WITH A
HATE CRIME AS DEFINED IN SECTION 485.05 OF THE PENAL LAW; OR
(XI) THE OFFENSE IS A QUALIFYING OFFENSE PURSUANT TO PARAGRAPH (T) OF
SUBDIVISION FOUR OF SECTION 510.10 OF THIS CHAPTER, OR PURSUANT TO PARA-
GRAPH (T) OF SUBDIVISION FOUR OF SECTION 530.40 OF THIS CHAPTER.
§ 2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of the
criminal procedure law, as added by section 2 of part UU of chapter 56
of the laws of 2020, are amended and a new paragraph (u) is added to
read as follows:
(s) a felony, where the defendant qualifies for sentencing on such
charge as a persistent felony offender pursuant to section 70.10 of the
penal law; [or]
S. 8006--C 228 A. 9006--C
(t) any felony or class A misdemeanor involving harm to an identifi-
able person or property, OR ANY CHARGE OF CRIMINAL POSSESSION OF A
FIREARM AS DEFINED IN SECTION 265.01-B OF THE PENAL LAW, where such
charge arose from conduct occurring while the defendant was released on
his or her own recognizance [or], released under conditions, OR HAD YET
TO BE ARRAIGNED AFTER THE ISSUANCE OF A DESK APPEARANCE TICKET for a
separate felony or class A misdemeanor involving harm to an identifiable
person or property, OR ANY CHARGE OF CRIMINAL POSSESSION OF A FIREARM AS
DEFINED IN SECTION 265.01-B OF THE PENAL LAW, provided, however, that
the prosecutor must show reasonable cause to believe that the defendant
committed the instant crime and any underlying crime. For the purposes
of this subparagraph, any of the underlying crimes need not be a quali-
fying offense as defined in this subdivision. FOR THE PURPOSES OF THIS
PARAGRAPH, "HARM TO AN IDENTIFIABLE PERSON OR PROPERTY" SHALL INCLUDE
BUT NOT BE LIMITED TO THEFT OF OR DAMAGE TO PROPERTY. HOWEVER, BASED
UPON A REVIEW OF THE FACTS ALLEGED IN THE ACCUSATORY INSTRUMENT, IF THE
COURT DETERMINES THAT SUCH THEFT IS NEGLIGIBLE AND DOES NOT APPEAR TO BE
IN FURTHERANCE OF OTHER CRIMINAL ACTIVITY, THE PRINCIPAL SHALL BE
RELEASED ON HIS OR HER OWN RECOGNIZANCE OR UNDER APPROPRIATE NON-MONE-
TARY CONDITIONS; OR
(U) CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE AS DEFINED IN
SUBDIVISION THREE OF SECTION 265.02 OF THE PENAL LAW OR CRIMINAL SALE OF
A FIREARM TO A MINOR AS DEFINED IN SECTION 265.16 OF THE PENAL LAW.
§ 3. Subdivision 3 of section 530.40 of the of the criminal procedure
law, as amended by section 18 of part JJJ of chapter 59 of the laws of
2019, is amended to read as follows:
3. In cases other than as described in subdivision four of this
section the court shall release the principal pending trial on the prin-
cipal's own recognizance, unless the court finds on the record or in
writing that release on the principal's own recognizance will not
reasonably assure the principal's return to court. In such instances,
the court shall release the principal under non-monetary conditions,
selecting the least restrictive alternative and conditions that will
reasonably assure the principal's return to court. The court shall
explain its choice of alternative and conditions on the record or in
writing. IN MAKING ITS DETERMINATION, THE COURT MUST CONSIDER AND TAKE
INTO ACCOUNT AVAILABLE INFORMATION ABOUT THE PRINCIPAL, INCLUDING:
(A) THE PRINCIPAL'S ACTIVITIES AND HISTORY;
(B) IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
(C) THE PRINCIPAL'S CRIMINAL CONVICTION RECORD IF ANY;
(D) THE PRINCIPAL'S RECORD OF PREVIOUS ADJUDICATION AS A JUVENILE
DELINQUENT, AS RETAINED PURSUANT TO SECTION 354.1 OF THE FAMILY COURT
ACT, OR OF PENDING CASES WHERE FINGERPRINTS ARE RETAINED PURSUANT TO
SECTION 306.1 OF SUCH ACT, OR A YOUTHFUL OFFENDER, IF ANY;
(E) THE PRINCIPAL'S PREVIOUS RECORD WITH RESPECT TO FLIGHT TO AVOID
CRIMINAL PROSECUTION;
(F) IF MONETARY BAIL IS AUTHORIZED, ACCORDING TO THE RESTRICTIONS SET
FORTH IN THIS TITLE, THE PRINCIPAL'S INDIVIDUAL FINANCIAL CIRCUMSTANCES,
AND, IN CASES WHERE BAIL IS AUTHORIZED, THE PRINCIPAL'S ABILITY TO POST
BAIL WITHOUT POSING UNDUE HARDSHIP, AS WELL AS HIS OR HER ABILITY TO
OBTAIN A SECURED, UNSECURED, OR PARTIALLY SECURED BOND;
(G) ANY VIOLATION BY THE PRINCIPAL OF AN ORDER OF PROTECTION ISSUED BY
ANY COURT;
(H) THE PRINCIPAL'S HISTORY AND USE OR POSSESSION OF A FIREARM;
(I) WHETHER THE CHARGE IS ALLEGED TO HAVE CAUSED SERIOUS HARM TO AN
INDIVIDUAL OR GROUP OF INDIVIDUALS; AND
S. 8006--C 229 A. 9006--C
(J) IF THE PRINCIPAL IS A DEFENDANT, IN THE CASE OF AN APPLICATION FOR
A SECURING ORDER PENDING APPEAL, THE MERIT OR LACK OF MERIT OF THE
APPEAL.
§ 4. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the
criminal procedure law, as added by section 4 of part UU of chapter 56
of the laws of 2020, are amended and a new paragraph (u) is added to
read as follows:
(s) a felony, where the defendant qualifies for sentencing on such
charge as a persistent felony offender pursuant to section 70.10 of the
penal law; [or]
(t) any felony or class A misdemeanor involving harm to an identifi-
able person or property, OR ANY CHARGE OF CRIMINAL POSSESSION OF A
FIREARM AS DEFINED IN SECTION 265.01-B OF THE PENAL LAW, where such
charge arose from conduct occurring while the defendant was released on
his or her own recognizance [or], released under conditions, OR HAD YET
TO BE ARRAIGNED AFTER THE ISSUANCE OF A DESK APPEARANCE TICKET for a
separate felony or class A misdemeanor involving harm to an identifiable
person or property, OR ANY CHARGE OF CRIMINAL POSSESSION OF A FIREARM AS
DEFINED IN SECTION 265.01-B OF THE PENAL LAW, provided, however, that
the prosecutor must show reasonable cause to believe that the defendant
committed the instant crime and any underlying crime. For the purposes
of this subparagraph, any of the underlying crimes need not be a quali-
fying offense as defined in this subdivision. FOR THE PURPOSES OF THIS
PARAGRAPH, "HARM TO AN IDENTIFIABLE PERSON OR PROPERTY" SHALL INCLUDE
BUT NOT BE LIMITED TO THEFT OF OR DAMAGE TO PROPERTY. HOWEVER, BASED
UPON A REVIEW OF THE FACTS ALLEGED IN THE ACCUSATORY INSTRUMENT, IF THE
COURT DETERMINES THAT SUCH THEFT IS NEGLIGIBLE AND DOES NOT APPEAR TO BE
IN FURTHERANCE OF OTHER CRIMINAL ACTIVITY, THE PRINCIPAL SHALL BE
RELEASED ON HIS OR HER OWN RECOGNIZANCE OR UNDER APPROPRIATE NON-MONE-
TARY CONDITIONS; OR
(U) CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE AS DEFINED IN
SUBDIVISION THREE OF SECTION 265.02 OF THE PENAL LAW OR CRIMINAL SALE OF
A FIREARM TO A MINOR AS DEFINED IN SECTION 265.16 OF THE PENAL LAW.
§ 5. This act shall take effect on the thirtieth day after it shall
have become a law.
SUBPART C
Section 1. Subdivision 1 of section 510.10 of the criminal procedure
law, as amended by section 2 of part JJJ of chapter 59 of the laws of
2019, is amended to read as follows:
1. When a principal, whose future court attendance at a criminal
action or proceeding is or may be required, comes under the control of a
court, such court shall, in accordance with this title, by a securing
order release the principal on the principal's own recognizance, release
the principal under non-monetary conditions, or, where authorized, fix
bail or commit the principal to the custody of the sheriff. In all such
cases, except where another type of securing order is shown to be
required by law, the court shall release the principal pending trial on
the principal's own recognizance, unless it is demonstrated and the
court makes an individualized determination that the principal poses a
risk of flight to avoid prosecution. If such a finding is made, the
court must select the least restrictive alternative and condition or
conditions that will reasonably assure the principal's return to court.
The court shall explain its choice of release, release with conditions,
bail or remand on the record or in writing. IN MAKING ITS DETERMINATION,
S. 8006--C 230 A. 9006--C
THE COURT MUST CONSIDER AND TAKE INTO ACCOUNT AVAILABLE INFORMATION
ABOUT THE PRINCIPAL, INCLUDING:
(A) THE PRINCIPAL'S ACTIVITIES AND HISTORY;
(B) IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
(C) THE PRINCIPAL'S CRIMINAL CONVICTION RECORD IF ANY;
(D) THE PRINCIPAL'S RECORD OF PREVIOUS ADJUDICATION AS A JUVENILE
DELINQUENT, AS RETAINED PURSUANT TO SECTION 354.1 OF THE FAMILY COURT
ACT, OR, OF PENDING CASES WHERE FINGERPRINTS ARE RETAINED PURSUANT TO
SECTION 306.1 OF SUCH ACT, OR A YOUTHFUL OFFENDER, IF ANY;
(E) THE PRINCIPAL'S PREVIOUS RECORD WITH RESPECT TO FLIGHT TO AVOID
CRIMINAL PROSECUTION;
(F) IF MONETARY BAIL IS AUTHORIZED, ACCORDING TO THE RESTRICTIONS SET
FORTH IN THIS TITLE, THE PRINCIPAL'S INDIVIDUAL FINANCIAL CIRCUMSTANCES,
AND, IN CASES WHERE BAIL IS AUTHORIZED, THE PRINCIPAL'S ABILITY TO POST
BAIL WITHOUT POSING UNDUE HARDSHIP, AS WELL AS HIS OR HER ABILITY TO
OBTAIN A SECURED, UNSECURED, OR PARTIALLY SECURED BOND;
(G) ANY VIOLATION BY THE PRINCIPAL OF AN ORDER OF PROTECTION ISSUED BY
ANY COURT;
(H) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM;
(I) WHETHER THE CHARGE IS ALLEGED TO HAVE CAUSED SERIOUS HARM TO AN
INDIVIDUAL OR GROUP OF INDIVIDUALS; AND
(J) IF THE PRINCIPAL IS A DEFENDANT, IN THE CASE OF AN APPLICATION FOR
A SECURING ORDER PENDING APPEAL, THE MERIT OR LACK OF MERIT OF THE
APPEAL.
§ 2. Subdivision 1 of section 510.30 of the criminal procedure law, as
amended by section 5 of part JJJ of chapter 59 of the laws of 2019, is
amended to read as follows:
1. With respect to any principal, the court in all cases, unless
otherwise provided by law, must impose the least restrictive kind and
degree of control or restriction that is necessary to secure the princi-
pal's return to court when required. In determining that matter, the
court must, on the basis of available information, consider and take
into account information about the principal that is relevant to the
principal's return to court, including:
(a) The principal's activities and history;
(b) If the principal is a defendant, the charges facing the principal;
(c) The principal's criminal conviction record if any;
(d) The principal's record of previous adjudication as a juvenile
delinquent, as retained pursuant to section 354.2 of the family court
act, or, of pending cases where fingerprints are retained pursuant to
section 306.1 of such act, or a youthful offender, if any;
(e) The principal's previous record with respect to flight to avoid
criminal prosecution;
(f) If monetary bail is authorized, according to the restrictions set
forth in this title, the principal's individual financial circumstances,
and, in cases where bail is authorized, the principal's ability to post
bail without posing undue hardship, as well as his or her ability to
obtain a secured, unsecured, or partially secured bond;
(g) [Where the principal is charged with a crime or crimes against a
member or members of the same family or household as that term is
defined in subdivision one of section 530.11 of this title, the follow-
ing factors:
(i)] any violation by the principal of an order of protection issued
by any court [for the protection of a member or members of the same
family or household as that term is defined in subdivision one of
S. 8006--C 231 A. 9006--C
section 530.11 of this title, whether or not such order of protection is
currently in effect; and];
[(ii)] (H) the principal's history of use or possession of a firearm;
(I) WHETHER THE CHARGE IS ALLEGED TO HAVE CAUSED SERIOUS HARM TO AN
INDIVIDUAL OR GROUP OF INDIVIDUALS; and
[(h)] (J) If the principal is a defendant, in the case of an applica-
tion for a securing order pending appeal, the merit or lack of merit of
the appeal.
§ 3. Paragraph (a) of subdivision 1 of section 530.20 of the criminal
procedure law, as added by section 16 of part JJJ of chapter 59 of the
laws of 2019, is amended to read as follows:
(a) In cases other than as described in paragraph (b) of this subdivi-
sion the court shall release the principal pending trial on the princi-
pal's own recognizance, unless the court finds on the record or in writ-
ing that release on the principal's own recognizance will not reasonably
assure the principal's return to court. In such instances, the court
shall release the principal under non-monetary conditions, selecting the
least restrictive alternative and conditions that will reasonably assure
the principal's return to court. The court shall explain its choice of
alternative and conditions on the record or in writing. IN MAKING ITS
DETERMINATION, THE COURT MUST CONSIDER AND TAKE INTO ACCOUNT AVAILABLE
INFORMATION ABOUT THE PRINCIPAL, INCLUDING:
(I) THE PRINCIPAL'S ACTIVITIES AND HISTORY;
(II) IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCI-
PAL;
(III) THE PRINCIPAL'S CRIMINAL CONVICTION RECORD IF ANY;
(IV) THE PRINCIPAL'S RECORD OF PREVIOUS ADJUDICATION AS A JUVENILE
DELINQUENT, AS RETAINED PURSUANT TO SECTION 354.1 OF THE FAMILY COURT
ACT, OR OF PENDING CASES WHERE FINGERPRINTS ARE RETAINED PURSUANT TO
SECTION 306.1 OF SUCH ACT, OR A YOUTHFUL OFFENDER, IF ANY;
(V) THE PRINCIPAL'S PREVIOUS RECORD WITH RESPECT TO FLIGHT TO AVOID
CRIMINAL PROSECUTION;
(VI) IF MONETARY BAIL IS AUTHORIZED, ACCORDING TO THE RESTRICTIONS SET
FORTH IN THIS TITLE, THE PRINCIPAL'S INDIVIDUAL FINANCIAL CIRCUMSTANCES,
AND, IN CASES WHERE BAIL IS AUTHORIZED, THE PRINCIPAL'S ABILITY TO POST
BAIL WITHOUT POSING UNDUE HARDSHIP, AS WELL AS HIS OR HER ABILITY TO
OBTAIN A SECURED, UNSECURED, OR PARTIALLY SECURED BOND;
(VII) ANY VIOLATION BY THE PRINCIPAL OF AN ORDER OF PROTECTION ISSUED
BY ANY COURT;
(VIII) THE PRINCIPAL'S HISTORY AND USE OR POSSESSION OF A FIREARM;
(IX) WHETHER THE CHARGE IS ALLEGED TO HAVE CAUSED SERIOUS HARM TO AN
INDIVIDUAL OR GROUP OF INDIVIDUALS; AND
(X) IF THE PRINCIPAL IS A DEFENDANT, IN THE CASE OF AN APPLICATION FOR
A SECURING ORDER PENDING APPEAL, THE MERIT OR LACK OF MERIT OF THE
APPEAL.
§ 4. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of
section 530.20 of the criminal procedure law, as amended by section 3 of
part UU of chapter 56 of the laws of 2020, are amended and a new subpar-
agraph (xxi) is added to read as follows:
(xix) a felony, where the defendant qualifies for sentencing on such
charge as a persistent felony offender pursuant to section 70.10 of the
penal law; [or]
(xx) any felony or class A misdemeanor involving harm to an identifi-
able person or property, OR ANY CHARGE OF CRIMINAL POSSESSION OF A
FIREARM AS DEFINED IN SECTION 265.01-B OF THE PENAL LAW where such
charge arose from conduct occurring while the defendant was released on
S. 8006--C 232 A. 9006--C
his or her own recognizance [or], released under conditions, OR HAD YET
TO BE ARRAIGNED AFTER THE ISSUANCE OF A DESK APPEARANCE TICKET for a
separate felony or class A misdemeanor involving harm to an identifiable
person or property, provided, however, that the prosecutor must show
reasonable cause to believe that the defendant committed the instant
crime and any underlying crime. For the purposes of this subparagraph,
any of the underlying crimes need not be a qualifying offense as defined
in this subdivision. FOR THE PURPOSES OF THIS PARAGRAPH, "HARM TO AN
IDENTIFIABLE PERSON OR PROPERTY" SHALL INCLUDE BUT NOT BE LIMITED TO
THEFT OF OR DAMAGE TO PROPERTY. HOWEVER, BASED UPON A REVIEW OF THE
FACTS ALLEGED IN THE ACCUSATORY INSTRUMENT, IF THE COURT DETERMINES THAT
SUCH THEFT IS NEGLIGIBLE AND DOES NOT APPEAR TO BE IN FURTHERANCE OF
OTHER CRIMINAL ACTIVITY, THE PRINCIPAL SHALL BE RELEASED ON HIS OR HER
OWN RECOGNIZANCE OR UNDER APPROPRIATE NON-MONETARY CONDITIONS; OR
(XXI) CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE AS DEFINED
IN SUBDIVISION THREE OF SECTION 265.02 OF THE PENAL LAW OR CRIMINAL SALE
OF A FIREARM TO A MINOR AS DEFINED IN SECTION 265.16 OF THE PENAL LAW.
§ 5. This act shall take effect on the thirtieth day after it shall
have become a law.
SUBPART D
Section 1. Subdivision 4 of section 245.50 of the criminal procedure
law, as amended by section 7 of part HHH of chapter 56 of the laws of
2020, is amended and a new subdivision 1-a is added to read as follows:
1-A. ANY SUPPLEMENTAL CERTIFICATE OF COMPLIANCE SHALL DETAIL THE BASIS
FOR THE DELAYED DISCLOSURE SO THAT THE COURT MAY DETERMINE WHETHER THE
DELAYED DISCLOSURE IMPACTS THE PROPRIETY OF THE CERTIFICATE OF COMPLI-
ANCE. THE FILING OF A SUPPLEMENTAL CERTIFICATE OF COMPLIANCE SHALL NOT
IMPACT THE VALIDITY OF THE ORIGINAL CERTIFICATE OF COMPLIANCE IF FILED
IN GOOD FAITH AND AFTER EXERCISING DUE DILIGENCE PURSUANT TO SECTION
245.20 OF THIS ARTICLE, OR IF THE ADDITIONAL DISCOVERY DID NOT EXIST AT
THE TIME OF THE FILING OF THE ORIGINAL CERTIFICATE OF COMPLIANCE.
4. (A) Challenges to, or questions related to a certificate of compli-
ance shall be addressed by motion.
(B) TO THE EXTENT THAT THE PARTY IS AWARE OF A POTENTIAL DEFECT OR
DEFICIENCY RELATED TO A CERTIFICATE OF COMPLIANCE OR SUPPLEMENTAL
CERTIFICATE OF COMPLIANCE, THE PARTY ENTITLED TO DISCLOSURE SHALL NOTIFY
OR ALERT THE OPPOSING PARTY AS SOON AS PRACTICABLE.
(C) CHALLENGES RELATED TO THE SUFFICIENCY OF A CERTIFICATE OF COMPLI-
ANCE OR SUPPLEMENTAL CERTIFICATES OF COMPLIANCE SHALL BE ADDRESSED BY
MOTION AS SOON AS PRACTICABLE, PROVIDED THAT NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO WAIVE A PARTY'S RIGHT TO MAKE FURTHER CHALLENGES,
INCLUDING BUT NOT LIMITED TO A MOTION PURSUANT TO SECTION 30.30 OF THIS
CHAPTER.
§ 2. Paragraph (a) of subdivision 1 and subdivision 2 of section
245.80 of the criminal procedure law, as added by section 2 of part LLL
of chapter 59 of the laws of 2019, are amended to read as follows:
(a) When material or information is discoverable under this article
but is disclosed belatedly, the court shall impose [an appropriate] A
remedy or sanction [if] THAT IS APPROPRIATE AND PROPORTIONATE TO THE
PREJUDICE SUFFERED BY the party entitled to disclosure [shows that it
was prejudiced]. Regardless of a showing of prejudice the party entitled
to disclosure shall be given reasonable time to prepare and respond to
the new material.
S. 8006--C 233 A. 9006--C
2. Available remedies or sanctions. For failure to comply with any
discovery order imposed or issued pursuant to this article, the court
may make a further order for discovery, grant a continuance, order that
a hearing be reopened, order that a witness be called or recalled,
instruct the jury that it may draw an adverse inference regarding the
non-compliance, preclude or strike a witness's testimony or a portion of
a witness's testimony, admit or exclude evidence, order a mistrial,
order the dismissal of all or some of the charges PROVIDED THAT, AFTER
CONSIDERING ALL OTHER REMEDIES, DISMISSAL IS APPROPRIATE AND PROPOR-
TIONATE TO THE PREJUDICE SUFFERED BY THE PARTY ENTITLED TO DISCLOSURE,
or make such other order as it deems just under the circumstances;
except that any sanction against the defendant shall comport with the
defendant's constitutional right to present a defense, and precluding a
defense witness from testifying shall be permissible only upon a finding
that the defendant's failure to comply with the discovery obligation or
order was willful and motivated by a desire to obtain a tactical advan-
tage.
§ 3. Section 450.20 of the criminal procedure law is amended by adding
a new subdivision 12 to read as follows:
12. THAT PORTION OF AN ORDER DISMISSING AN ACCUSATORY INSTRUMENT OR
SOME OF ITS COUNTS PURSUANT TO SUBDIVISION TWO OF SECTION 245.80 OF THIS
PART AS A SANCTION FOR FAILURE TO COMPLY WITH ANY DISCOVERY ORDER ISSUED
PURSUANT TO ARTICLE TWO HUNDRED FORTY-FIVE OF THIS PART.
§ 4. Section 530.50 of the criminal procedure law is amended by adding
a new subdivision 3 to read as follows:
3. WHERE AN APPEAL BY THE PEOPLE HAS BEEN TAKEN FROM AN ORDER DISMISS-
ING ONE OR MORE COUNTS OF AN ACCUSATORY INSTRUMENT FOR FAILURE TO COMPLY
WITH A DISCOVERY ORDER PURSUANT TO SUBDIVISION TWELVE OF SECTION 450.20
OF THIS CHAPTER AND THE DEFENDANT IS CHARGED WITH A QUALIFYING OFFENSE
IN THE REMAINING COUNTS IN THE ACCUSATORY INSTRUMENT, PENDING DETERMI-
NATION OF AN APPEAL, THE DEFENDANT MAY APPLY FOR AN ORDER OF RECOGNI-
ZANCE OR RELEASE ON NON-MONETARY CONDITIONS, WHERE AUTHORIZED, OR FIXING
BAIL. A JUDGE IDENTIFIED IN SUBDIVISION TWO OF SECTION 460.50 OF THIS
CHAPTER OR PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 460.60 OF THIS
CHAPTER MAY, IN ACCORDANCE WITH LAW, AND EXCEPT AS OTHERWISE PROVIDED BY
LAW, ISSUE A SECURING ORDER RELEASING THE DEFENDANT ON THE DEFENDANT'S
OWN RECOGNIZANCE OR UNDER NON-MONETARY CONDITIONS WHERE AUTHORIZED,
FIXING BAIL, OR REMANDING THE DEFENDANT TO THE CUSTODY OF THE SHERIFF
WHERE AUTHORIZED.
§ 5. Subparagraph (iii) of paragraph (a) of subdivision 1 of section
245.10 of the criminal procedure law, as amended by section 1 of part
HHH of chapter 56 of the laws of 2020, is amended to read as follows:
(iii) [Notwithstanding the timelines contained in the opening para-
graph of this paragraph, the prosecutor's discovery obligation under
subdivision one of section 245.20 of this article shall be performed as
soon as practicable, but not later than fifteen days before the trial of
a simplified information charging a traffic infraction under the vehicle
and traffic law, or by an information charging one or more petty
offenses as defined by the municipal code of a village, town, city, or
county, that do not carry a statutorily authorized sentence of imprison-
ment, and where the defendant stands charged before the court with no
crime or offense, provided however that nothing in this subparagraph
shall prevent a defendant from filing a motion for disclosure of such
items and information under subdivision one of such section 245.20 of
this article at an earlier date.] NOTWITHSTANDING THE PREVIOUS
PROVISIONS OF THIS SECTION, THE PROSECUTOR'S OBLIGATIONS SHALL NOT APPLY
S. 8006--C 234 A. 9006--C
TO A SIMPLIFIED INFORMATION CHARGING A TRAFFIC INFRACTION UNDER THE
VEHICLE AND TRAFFIC LAW, OR TO AN INFORMATION CHARGING ONE OR MORE PETTY
OFFENSES AS DEFINED BY THE MUNICIPAL CODE OF A VILLAGE, TOWN, CITY, OR
COUNTY, THAT DO NOT CARRY A STATUTORILY AUTHORIZED SENTENCE OF IMPRISON-
MENT, AND WHERE THE DEFENDANT STANDS CHARGED BEFORE THE COURT WITH NO
CRIME OR OFFENSE, PROVIDED HOWEVER THAT NOTHING IN THIS SUBPARAGRAPH
SHALL PREVENT A DEFENDANT FROM FILING A MOTION FOR DISCLOSURE OF SUCH
ITEMS AND INFORMATION UNDER SUBDIVISION ONE OF SECTION 245.20 OF THIS
ARTICLE. THE COURT SHALL, AT THE FIRST APPEARANCE, ADVISE THE DEFENDANT
OF THEIR RIGHT TO FILE A MOTION FOR DISCOVERY.
§ 6. This act shall take effect on the thirtieth day after it shall
have become a law.
SUBPART E
Section 1. Section 302.1 of the family court act is amended by adding
a new subdivision 4 to read as follows:
4. WHERE A PROCEEDING HAD BEEN COMMENCED IN THE YOUTH PART OF A SUPE-
RIOR COURT FOR AN ACT ALLEGED TO HAVE BEEN COMMITTED PRIOR TO HIS OR HER
EIGHTEENTH BIRTHDAY AND THEN HAD BEEN REMOVED TO FAMILY COURT, THE FAMI-
LY COURT SHALL EXERCISE JURISDICTION UNDER THIS ARTICLE, NOTWITHSTANDING
THE FACT THAT THE RESPONDENT MAY BE OVER THE AGE OF EIGHTEEN PRIOR TO
THE PROCEEDING HAVING COMMENCED IN THE FAMILY COURT.
§ 2. Section 302.2 of the family court act, as added by chapter 920 of
the laws of 1982, is amended to read as follows:
§ 302.2. Statute of limitations. A juvenile delinquency proceeding
must be commenced within the period of limitation prescribed in section
30.10 of the criminal procedure law or, unless the alleged act is a
designated felony as defined in subdivision eight of section 301.2 OF
THIS PART OR IS AN ACT ALLEGEDLY COMMITTED WHEN THE RESPONDENT WAS AGED
SIXTEEN YEARS OR OLDER, commenced before the respondent's eighteenth
birthday, whichever occurs earlier, PROVIDED HOWEVER, THAT CONSISTENT
WITH SUBDIVISION FOUR OF SECTION 302.1 OF THIS PART, A PROCEEDING
COMMENCED FOR AN ACT ALLEGEDLY COMMITTED WHEN THE RESPONDENT WAS AGED
SIXTEEN YEARS OR OLDER SHALL BE CONSIDERED TIMELY IF IT IS COMMENCED
WITHIN SUCH PERIOD OF LIMITATION PRESCRIBED IN SECTION 30.10 OF THE
CRIMINAL PROCEDURE LAW OR PRIOR TO THE RESPONDENT'S TWENTIETH BIRTHDAY,
WHICHEVER OCCURS EARLIER, REGARDLESS OF WHETHER THE ACTION HAD
ORIGINALLY BEEN COMMENCED PRIOR TO THE RESPONDENT'S EIGHTEENTH BIRTHDAY
IN A YOUTH PART OF A SUPERIOR COURT. When the alleged act constitutes a
designated felony as defined in subdivision eight of section 301.2 OF
THIS PART OR IS AN ACT ALLEGEDLY COMMITTED WHEN THE RESPONDENT WAS AGED
SIXTEEN YEARS OR OLDER, such proceeding must be commenced within such
period of limitation or before the respondent's twentieth birthday,
whichever occurs earlier.
§ 3. The family court act is amended by adding a new section 309.1 to
read as follows:
§ 309.1. COMMUNITY BASED TREATMENT REFERRALS. 1. A YOUTH WHO IS
RELEASED PRIOR TO THE FILING OF A PETITION SHALL BE MADE AWARE OF AND
REFERRED TO COMMUNITY BASED ORGANIZATIONS OFFERING COUNSELING, TREAT-
MENT, EMPLOYMENT, EDUCATIONAL, OR VOCATIONAL SERVICES IN WHICH THEY MAY
VOLUNTARILY ENROLL OR PARTICIPATE. SUCH SERVICES SHALL BE SEPARATE FROM
AND IN ADDITION TO ANY ADJUSTMENT SERVICES PROVIDED UNDER SECTION 308.1
OF THIS PART, WHERE APPLICABLE.
2. THE YOUTH SHALL BE ADVISED THAT THE SERVICE REFERRALS ARE BEING
MADE AS A RESOURCE AND PARTICIPATION IN THEM IS VOLUNTARY AND THAT
S. 8006--C 235 A. 9006--C
REFUSAL TO PARTICIPATE WILL NOT NEGATIVELY IMPACT ANY ASPECT OF THEIR
PENDING CASE. PROVIDED, HOWEVER, NOTHING SHALL PRECLUDE THE YOUTH FROM
VOLUNTARILY PROVIDING INFORMATION, AFTER CONSULTING WITH THEIR ATTORNEY,
DEMONSTRATING SUCCESSFUL ENROLLMENT, PARTICIPATION, AND COMPLETION,
WHERE APPLICABLE, OF ANY SUCH SERVICES. THE COURT SHALL CONSIDER ANY
INFORMATION PROVIDED BY THE YOUTH REGARDING SUCH PARTICIPATION IN THE
CASE PROCEEDINGS INCLUDING BUT NOT LIMITED TO DISPOSITIONAL OR PLACEMENT
DETERMINATIONS. THE COURT MAY REQUIRE SUPPORTING DOCUMENTATION FOR ANY
SUCH CONSIDERATION THAT THE YOUTH REQUESTS, PROVIDED HOWEVER, THAT SUCH
INFORMATION SHALL BE MAINTAINED AS CONFIDENTIAL IN ACCORDANCE WITH ANY
APPLICABLE STATE OR FEDERAL LAW.
3. NO STATEMENTS MADE TO PROBATION WHEN DISCUSSING ANY SERVICE REFER-
RALS UNDER THIS SECTION SHALL BE ADMISSIBLE IN A FACT-FINDING HEARING.
§ 4. This act shall take effect immediately; provided that section
three of this act shall apply to offenses committed on or after such
date and to offenses for which the statute of limitations that was in
effect prior to such date has not elapsed as of such date.
SUBPART F
Section 1. Section 500.10 of the criminal procedure law is amended by
adding a new subdivision 3-c to read as follows:
3-C. (A) "RELEASE FOR MENTAL HEALTH ASSESSMENT AND EVALUATION." WHEN A
PRINCIPAL APPEARING BEFORE THE COURT APPEARS, BY CLEAR AND CONVINCING
EVIDENCE, TO BE MENTALLY ILL AT THE PRESENT MOMENT SUCH THAT IF LEFT
UNATTENDED THEIR CONDUCT MAY RESULT IN HARM TO HIMSELF OR HERSELF OR
OTHERS, THE COURT MAY: ORDER AS A CONDITION OF RELEASE UNDER SUPERVISION
THAT THE PRINCIPAL SEEK A VOLUNTARY PSYCHIATRIC ASSESSMENT UNDER SECTION
9.13 OF THE MENTAL HYGIENE LAW IF THE PRINCIPAL HAS A RECENTLY DOCU-
MENTED HISTORY OF MENTAL ILLNESS OR PSYCHIATRIC HOSPITALIZATION, AND THE
DEFENSE CONSENTS TO THE ASSESSMENT.
(B) "INVOLUNTARY ASSESSMENT PENDING RELEASE." WHEN A PRINCIPAL APPEAR-
ING BEFORE THE COURT APPEARS, BY CLEAR AND CONVINCING EVIDENCE, TO BE
MENTALLY ILL AT THE PRESENT MOMENT SUCH THAT IF LEFT UNATTENDED THEIR
CONDUCT MAY RESULT IN IMMEDIATE SERIOUS HARM TO HIMSELF OR HERSELF OR
OTHERS, THE COURT MAY ORDER AS A CONDITION OF RELEASE UNDER SUPERVISION
THAT THE PRINCIPAL BE TAKEN BY AN ENTITY, INCLUDING BUT NOT LIMITED TO,
PRETRIAL SERVICES AGENCIES, OR ANOTHER QUALIFIED PROVIDER, TO A LOCAL
HOSPITAL FOR IMMEDIATE PSYCHIATRIC ASSESSMENT INVOLUNTARILY UNDER
SECTION 9.43 OF THE MENTAL HYGIENE LAW IF THE PRINCIPAL IS CONDUCTING
HIMSELF OR HERSELF BEFORE THE COURT, IN SUCH A MANNER WHICH IN A PERSON
WHO IS NOT MENTALLY ILL WOULD BE DEEMED DISORDERLY CONDUCT WHICH IS
LIKELY TO RESULT IN IMMEDIATE SERIOUS HARM TO HIMSELF OR HERSELF OR
OTHERS. THE COURT IS ALSO AUTHORIZED TO REQUEST PEACE OFFICERS, WHEN
ACTING PURSUANT TO THEIR SPECIAL DUTIES, OR POLICE OFFICERS, WHO ARE
MEMBERS OF AN AUTHORIZED POLICE DEPARTMENT OR FORCE OR OF A SHERIFF'S
DEPARTMENT, TO TAKE INTO CUSTODY AND TRANSPORT SUCH PERSON TO A HOSPITAL
FOR DETERMINATION BY THE DIRECTOR OF COMMUNITY SERVICES WHEN SUCH PERSON
QUALIFIES FOR ADMISSION PURSUANT TO THIS SECTION. THE COURT MAY AUTHOR-
IZE AN AMBULANCE SERVICE, AS DEFINED BY SUBDIVISION TWO OF SECTION THREE
THOUSAND ONE OF THE PUBLIC HEALTH LAW, TO TRANSPORT SUCH PERSON TO ANY
HOSPITAL SPECIFIED IN SUBDIVISION (A) OF SECTION 9.39 OF THE MENTAL
HYGIENE LAW OR ANY COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAM SPECIFIED
IN SUBDIVISION (A) OF SECTION 9.40 OF THE MENTAL HYGIENE LAW, THAT IS
WILLING TO RECEIVE SUCH PERSON. UPON REMOVAL, THERE SHALL BE A DETERMI-
NATION MADE BY THE DIRECTOR OF SUCH HOSPITAL OR PROGRAM WHETHER SUCH
S. 8006--C 236 A. 9006--C
PERSON SHOULD BE RETAINED THEREIN PURSUANT TO SECTION 9.39 OF THE MENTAL
HYGIENE LAW. IF THE PRINCIPAL IS HOSPITALIZED, AT THE TIME OF RELEASE
THE HOSPITAL SHALL COMPLETE A DISCHARGE PLAN WITH LINKAGES TO COMMUNI-
TY-BASED MENTAL HEALTH TREATMENT, INCLUDING SERVICES THAT ARE PROVIDED
AFTER THE INDIVIDUAL HAS STABILIZED, IF APPLICABLE AND OTHER COMMUNITY-
BASED SERVICES AS MAY BE DEEMED NECESSARY AND APPROPRIATE AND NOTIFY
PRETRIAL SERVICES AGENCIES AND THE DEFENSE COUNSEL OF THE PERSON'S
DISCHARGE. PRETRIAL SERVICES AGENCIES ARE RESPONSIBLE FOR ENSURING
CONTINUITY OF CARE FOR THE PRINCIPAL IN THE COMMUNITY.
(C) "PRETRIAL SERVICES." PRETRIAL SERVICES AGENCIES SHALL BE REQUIRED,
UPON THE REQUEST OF THE COURT TO PROVIDE A SUMMARY OF THE ASSESSMENT,
LIMITED TO NECESSARY AND RELEVANT INFORMATION RELATING TO THE PRINCI-
PAL'S COMPLETION OF AN ASSESSMENT AND EVALUATION, PLACEMENT, TREATMENT,
AND DISCHARGE FROM THE HOSPITAL SOLELY FOR THE PURPOSE OF ENSURING
COMPLIANCE WITH THE CONDITIONS OF RELEASE AND IN ACCORDANCE WITH ANY
APPLICABLE STATE AND FEDERAL CONFIDENTIALITY LAWS. CONDITIONS OF RELEASE
MAY NOT BE REVOKED SOLELY BASED ON NONCOMPLIANCE WITH TREATMENT.
(D) "CONFIDENTIAL." ANY CLINICAL RECORD PRODUCED AS A PART OF THE
ASSESSMENT, SERVICES OR TREATMENT PLANS REQUIRED PURSUANT TO THIS SUBDI-
VISION SHALL BE CONSIDERED CONFIDENTIAL AND SHALL NOT BE CONSIDERED PART
OF THE PUBLIC RECORD, AND ACCESS TO SUCH RECORDS SHALL BE LIMITED IN
ACCORDANCE WITH APPLICABLE FEDERAL AND STATE PRIVACY LAWS. SUCH INFORMA-
TION SHALL NOT BE USED AS PART OF THE CRIMINAL PROCEEDING AND SHALL BE
EXPUNGED UPON THE RESOLUTION OF THE CASE.
(E) "REFERRAL." COURTS SHALL REFER THE PRINCIPAL, WHERE APPROPRIATE,
TO A JUDICIAL DIVERSION PROGRAM AS DEFINED IN SECTION 216.00 OF THIS
CHAPTER OR TO ANY OTHER APPROPRIATE TREATMENT COURT.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.
SUBPART G
Section 1. Subdivision 5 of section 216 of the judiciary law, as added
by section 5 of part UU of chapter 56 of the laws of 2020, is amended to
read as follows:
5. The chief administrator of the courts, in conjunction with the
division of criminal justice services, shall collect data and report
every six months regarding pretrial release and detention. Such data and
report shall contain information categorized by AGE, gender, racial and
ethnic background; regarding the nature of the criminal offenses,
including the top charge of each case; the number and type of charges in
each defendant's criminal record; WHETHER THE PROSECUTOR REQUESTED THAT
THE COURT FIX BAIL, THE AMOUNTS AND FORMS OF BAIL REQUESTED BY THE
PROSECUTOR, AND THE AMOUNTS AND FORMS OF BAIL SET BY THE COURT; the
number of individuals released on recognizance; the number of individ-
uals released on non-monetary conditions, including the conditions
imposed; the number of individuals committed to the custody of a sheriff
prior to trial; the rates of failure to appear and rearrest; the outcome
of such cases or dispositions; the length of the pretrial detention stay
and any other such information as the chief administrator and the divi-
sion of criminal justice services may find necessary and appropriate.
Such report shall aggregate the data collected by county; court, includ-
ing city, town and village courts; and judge. The data shall be [disag-
gregated] AGGREGATED in order to protect the identity of individual
defendants. The report shall be released publicly and published on the
websites of the office of court administration and the division of crim-
S. 8006--C 237 A. 9006--C
inal justice services. The first report shall be published twelve months
after this subdivision shall have become a law, and shall include data
from the first six months following the enactment of this section.
Reports for subsequent periods shall be published every six months ther-
eafter.
§ 2. Section 837-u of the executive law, as added by section 6 of part
UU of chapter 56 of the laws of 2020, is amended to read as follows:
§ 837-u. The division of criminal justice services, in conjunction
with the chief administrator of the courts, shall collect data and
report annually regarding pretrial release and detention. Such data and
report shall contain information categorized by AGE, gender, racial and
ethnic background; regarding the nature of the criminal offenses,
including the top charge of each case; the number and type of charges in
each defendant's criminal record; WHETHER THE PROSECUTOR REQUESTED THAT
THE COURT FIX BAIL, THE AMOUNTS AND FORMS OF BAIL REQUESTED BY THE
PROSECUTOR, AND THE AMOUNTS AND FORMS OF BAIL SET BY THE COURT; the
number of individuals released on recognizance; the number of individ-
uals released on non-monetary conditions, including the conditions
imposed; the number of individuals committed to the custody of a sheriff
prior to trial; the rates of failure to appear and rearrest; the outcome
of such cases or dispositions; whether the defendant was represented by
counsel at every court appearance regarding the defendant's securing
order; the length of the pretrial detention stay and any other such
information as the chief administrator and the division of criminal
justice services may find necessary and appropriate. Such annual report
shall aggregate the data collected by county; court, including city,
town and village courts; and judge. The data shall be [disaggregated]
AGGREGATED in order to protect the identity of individual defendants.
The report shall be released publicly and published on the websites of
the office of court administration and the division of criminal justice
services. The first report shall be published eighteen months after this
section shall have become a law, and shall include data from the first
twelve months following the enactment of this section. Reports for
subsequent years shall be published annually on or before that date
thereafter.
§ 3. Paragraph (c) of subdivision 4 of section 837 of the executive
law, as amended by chapter 512 of the laws of 1995, is amended to read
as follows:
(c) collect and analyze statistical and other information and data
with respect to the number of crimes reported or known to police offi-
cers or peace officers, the number of persons arrested for the commis-
sion of offense, THE AGE OF THE PERSON OR PERSONS ARRESTED, THE NUMBER
OF CUSTODIAL ARRESTS AND APPEARANCE TICKETS ISSUED, the offense for
which the person was arrested, the county within which the arrest was
made and the accusatory instrument filed, the disposition of the accusa-
tory instrument including, but not limited to, as the case may be,
dismissal, acquittal, the offense to which the defendant pled guilty,
the offense the defendant was convicted of after trial, and the
sentence; and where a firearm as defined in section 265.00 of the penal
law or machine gun, rifle or shotgun comes into the custody of police
officers or peace officers in the course of an investigation of such
crime or offense, the make, model type, caliber and magazine or cylinder
capacity of any such firearm and whether possession of such firearm by
the defendant is licensed or unlicensed and if confiscated at arrest,
the style and manufacturer of any ammunition; and
S. 8006--C 238 A. 9006--C
§ 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
SUBPART H
Section 1. Section 18 of chapter 408 of the laws of 1999, constituting
Kendra's law, as amended by chapter 67 of the laws of 2017, is amended
to read as follows:
§ 18. This act shall take effect immediately, provided that section
fifteen of this act shall take effect April 1, 2000, provided, further,
that subdivision (e) of section 9.60 of the mental hygiene law as added
by section six of this act shall be effective 90 days after this act
shall become law; and that this act shall expire and be deemed repealed
June 30, [2022] 2027.
§ 2. Paragraph 4 of subdivision (c) and paragraph 2 of subdivision (h)
of section 9.60 of the mental hygiene law, as amended by chapter 158 of
the laws of 2005, are amended and a new subdivision (s) is added to read
as follows:
(4) has a history of lack of compliance with treatment for mental
illness that has:
(i) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (III) OF THIS PARA-
GRAPH, prior to the filing of the petition, at least twice within the
last thirty-six months been a significant factor in necessitating hospi-
talization in a hospital, or receipt of services in a forensic or other
mental health unit of a correctional facility or a local correctional
facility, not including any current period, or period ending within the
last six months, during which the person was or is hospitalized or
incarcerated; or
(ii) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (III) OF THIS PARA-
GRAPH, prior to the filing of the petition, resulted in one or more acts
of serious violent behavior toward self or others or threats of, or
attempts at, serious physical harm to self or others within the last
forty-eight months, not including any current period, or period ending
within the last six months, in which the person was or is hospitalized
or incarcerated; [and] OR
(III) NOTWITHSTANDING SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH,
RESULTED IN THE ISSUANCE OF A COURT ORDER FOR ASSISTED OUTPATIENT TREAT-
MENT WHICH HAS EXPIRED WITHIN THE LAST SIX MONTHS, AND SINCE THE EXPIRA-
TION OF THE ORDER, THE PERSON HAS EXPERIENCED A SUBSTANTIAL INCREASE IN
SYMPTOMS OF MENTAL ILLNESS AND SUCH SYMPTOMS SUBSTANTIALLY INTERFERES
WITH OR LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES AS DETERMINED BY A
DIRECTOR OF COMMUNITY SERVICES WHO PREVIOUSLY WAS REQUIRED TO COORDINATE
AND MONITOR THE CARE OF ANY INDIVIDUAL WHO WAS SUBJECT TO SUCH EXPIRED
ASSISTED OUTPATIENT TREATMENT ORDER. THE APPLICABLE DIRECTOR OF COMMUNI-
TY SERVICES OR THEIR DESIGNEE SHALL ARRANGE FOR THE INDIVIDUAL TO BE
EVALUATED BY A PHYSICIAN. IF THE PHYSICIAN DETERMINES COURT ORDERED
SERVICES ARE CLINICALLY NECESSARY AND THE LEAST RESTRICTIVE OPTION, THE
DIRECTOR OF COMMUNITY SERVICES MAY INITIATE A COURT PROCEEDING.
(2) The court shall not order assisted outpatient treatment unless an
examining physician, who recommends assisted outpatient treatment and
has personally examined the subject of the petition no more than ten
days before the filing of the petition, testifies in person OR BY VIDEO-
CONFERENCE at the hearing. PROVIDED HOWEVER, A PHYSICIAN SHALL ONLY BE
AUTHORIZED TO TESTIFY BY VIDEO CONFERENCE WHEN IT HAS BEEN: (I) SHOWN
THAT DILIGENT EFFORTS HAVE BEEN MADE TO ATTEND SUCH HEARING IN PERSON
AND THE SUBJECT OF THE PETITION CONSENTS TO THE PHYSICIAN TESTIFYING BY
S. 8006--C 239 A. 9006--C
VIDEO CONFERENCE; OR (II) THE COURT ORDERS THE PHYSICIAN TO TESTIFY BY
VIDEO CONFERENCE UPON A FINDING OF GOOD CAUSE. Such physician shall
state the facts and clinical determinations which support the allegation
that the subject of the petition meets each of the criteria for assisted
outpatient treatment.
(S) A DIRECTOR OF COMMUNITY SERVICES OR HIS OR HER DESIGNEE MAY
REQUIRE A PROVIDER OF INPATIENT PSYCHIATRIC SERVICES OPERATED OR
LICENSED BY THE OFFICE OF MENTAL HEALTH TO PROVIDE CONTEMPORANEOUS
INFORMATION, INCLUDING BUT NOT LIMITED TO RELEVANT CLINICAL RECORDS,
DOCUMENTS, AND OTHER INFORMATION CONCERNING THE PERSON RECEIVING
ASSISTED OUTPATIENT TREATMENT PURSUANT TO AN ACTIVE ASSISTED OUTPATIENT
TREATMENT ORDER, THAT IS DEEMED NECESSARY BY SUCH DIRECTOR OR DESIGNEE
WHO IS REQUIRED TO COORDINATE AND MONITOR THE CARE OF ANY INDIVIDUAL WHO
WAS SUBJECT TO AN ACTIVE ASSISTED OUTPATIENT TREATMENT ORDER TO APPRO-
PRIATELY DISCHARGE THEIR DUTIES PURSUANT TO SECTION 9.47 OF THIS ARTI-
CLE, AND WHERE SUCH PROVIDER OF INPATIENT PSYCHIATRIC SERVICES IS
REQUIRED TO DISCLOSE SUCH INFORMATION PURSUANT TO PARAGRAPH TWELVE OF
SUBDIVISION (C) OF SECTION 33.13 OF THIS CHAPTER AND SUCH DISCLOSURE IS
IN ACCORDANCE WITH ALL OTHER APPLICABLE STATE AND FEDERAL CONFIDENTIALI-
TY LAWS. NONE OF THE RECORDS OR INFORMATION OBTAINED BY THE DIRECTOR OF
COMMUNITY SERVICES PURSUANT TO THIS SUBDIVISION SHALL BE PUBLIC RECORDS,
AND THE RECORDS SHALL NOT BE RELEASED BY THE DIRECTOR TO ANY PERSON OR
AGENCY, EXCEPT AS ALREADY AUTHORIZED BY LAW.
§ 3. This act shall take effect immediately, provided, however that
the amendments to section 9.60 of the mental hygiene law made by section
two of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, subpart 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, subdivi-
sion, 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.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through H of this act shall
be as specifically set forth in the last section of such Subparts.
PART VV
Section 1. Short title. This act shall be known and may be cited as
the "private activity bond allocation act of 2022".
§ 2. Legislative findings and declaration. The legislature hereby
finds and declares that the federal tax reform act of 1986 established a
statewide bond volume ceiling on the issuance of certain tax exempt
private activity bonds and notes and, under certain circumstances,
governmental use bonds and notes issued by the state and its public
authorities, local governments, agencies which issue on behalf of local
governments, and certain other issuers. The federal tax reform act
establishes a formula for the allocation of the bond volume ceiling
which was subject to temporary modification by gubernatorial executive
order until December 31, 1987. That act also permits state legislatures
to establish, by statute, an alternative formula for allocating the
volume ceiling. Bonds and notes subject to the volume ceiling require an
S. 8006--C 240 A. 9006--C
allocation from the state's annual volume ceiling in order to qualify
for federal tax exemption.
It is hereby declared to be the policy of the state to maximize the
public benefit through the issuance of private activity bonds for the
purposes of, among other things, allocating a fair share of the bond
volume ceiling upon initial allocation and from a bond reserve to local
agencies and for needs identified by local governments; providing hous-
ing and promoting economic development; job creation; an economical
energy supply; and resource recovery and to provide for an orderly and
efficient volume ceiling allocation process for state and local agencies
by establishing an alternative formula for making such allocations.
§ 3. Definitions. As used in this act, unless the context requires
otherwise:
1. "Bonds" means bonds, notes or other obligations.
2. "Carryforward" means an amount of unused private activity bond
ceiling available to an issuer pursuant to an election filed with the
internal revenue service pursuant to section 146(f) of the code.
3. "Code" means the internal revenue code of 1986, as amended.
4. "Commissioner" means the commissioner of the New York state depart-
ment of economic development.
5. "Covered bonds" means those tax exempt private activity bonds and
that portion of the non-qualified amount of an issue of governmental use
bonds for which an allocation of the statewide ceiling is required for
the interest earned by holders of such bonds to be excluded from the
gross income of such holders for federal income tax purposes under the
code.
6. "Director" means the director of the New York state division of the
budget.
7. "Issuer" means a local agency, state agency or other issuer.
8. "Local agency" means an industrial development agency established
or operating pursuant to article 18-A of the general municipal law, the
Troy industrial development authority and the Auburn industrial develop-
ment authority.
9. "Other issuer" means any agency, political subdivision or other
entity, other than a local agency or state agency, that is authorized to
issue covered bonds.
10. "Qualified small issue bonds" means qualified small issue bonds,
as defined in section 144(a) of the code.
11. "State agency" means the state of New York, the New York state
energy research and development authority, the New York job development
authority, the New York state environmental facilities corporation, the
New York state urban development corporation and its subsidiaries, the
Battery Park city authority, the port authority of New York and New
Jersey, the power authority of the state of New York, the dormitory
authority of the state of New York, the New York state housing finance
agency, the state of New York mortgage agency, and any other public
benefit corporation or public authority designated by the governor for
the purposes of this act.
12. "Statewide ceiling" means for any calendar year the highest state
ceiling (as such term is used in section 146 of the code) applicable to
New York state.
13. "Future allocations" means allocations of statewide ceiling for up
to two future years.
14. "Multi-year housing development project" means a project (a) which
qualifies for covered bonds; (b) which is to be constructed over two or
S. 8006--C 241 A. 9006--C
more years and (c) in which at least twenty percent of the dwelling
units will be occupied by persons and families of low income.
§ 4. Local agency set-aside. A set-aside of statewide ceiling for
local agencies for any calendar year shall be an amount which bears the
same ratio to one-third of the statewide ceiling as the population of
the jurisdiction of such local agency bears to the population of the
entire state. The commissioner shall administer allocations of such
set-aside to local agencies.
§ 5. State agency set-aside. A set-aside of statewide ceiling for all
state agencies for any calendar year shall be one-third of the statewide
ceiling. The director shall administer allocations of such set-aside to
state agencies and may grant an allocation to any state agency upon
receipt of an application in such form as the director shall require.
§ 6. Statewide bond reserve. One-third of the statewide ceiling is
hereby set aside as a statewide bond reserve to be administered by the
director.
1. Allocation of the statewide bond reserve among state agencies,
local agencies and other issuers. The director shall transfer a portion
of the statewide bond reserve to the commissioner for allocation to and
use by local agencies and other issuers in accordance with the terms of
this section. The remainder of the statewide bond reserve may be allo-
cated by the director to state agencies in accordance with the terms of
this section.
2. Allocation of statewide bond reserve to local agencies or other
issuers.
(a) Local agencies or other issuers may at any time apply to the
commissioner for an allocation from the statewide bond reserve. Such
application shall demonstrate:
(i) that the requested allocation is required under the code for the
interest earned on the bonds to be excluded from the gross income of
bondholders for federal income tax purposes;
(ii) that the local agency's remaining unused allocation provided
pursuant to section four of this act, and other issuer's remaining
unused allocation, or any available carryforward will be insufficient
for the specific project or projects for which the reserve allocation is
requested; and
(iii) that, except for those allocations made pursuant to section
thirteen of this act to enable carryforward elections, the requested
allocation is reasonably expected to be used during the calendar year,
and the requested future allocation is reasonably expected to be used in
the calendar year to which the future allocation relates.
(b) In reviewing and approving or disapproving applications, the
commissioner shall exercise discretion to ensure an equitable distrib-
ution of allocations from the statewide bond reserve to local agencies
and other issuers. Prior to making a determination on such applications,
the commissioner shall notify and seek the recommendation of the presi-
dent and chief executive officer of the New York state housing finance
agency in the case of an application related to the issuance of multi-
family housing or mortgage revenue bonds, and in the case of other
requests, such state officers, departments, divisions and agencies as
the commissioner deems appropriate.
(c) Applications for allocations shall be made in such form and
contain such information and reports as the commissioner shall require.
(d) On or before September fifteenth of each year, the commissioner
shall publish the total amount of local agency set-aside that has been
S. 8006--C 242 A. 9006--C
recaptured pursuant to section twelve of this act for that year on the
department of economic development's website.
3. Allocation of statewide bond reserve to state agencies. The direc-
tor may make an allocation from the statewide bond reserve to any state
agency. Before making any allocation of statewide bond reserve to state
agencies the director shall be satisfied:
(a) that the allocation is required under the code for the interest
earned on the bonds to be excluded from the gross income of bondholders
for federal income tax purposes;
(b) that the state agency's remaining unused allocation provided
pursuant to section five of this act or any available carryforward will
be insufficient to accommodate the specific bond issue or issues for
which the reserve allocation is requested; and
(c) that, except for those allocations made pursuant to section thir-
teen of this act to enable carryforward elections, the requested allo-
cation is reasonably expected to be used during the calendar year, and
the requested future allocation is reasonably expected to be used in the
calendar year to which the future allocation relates.
§ 7. Access to employment opportunities. 1. All issuers shall require
that any new employment opportunities created in connection with indus-
trial or manufacturing projects financed through the issuance of quali-
fied small issue bonds shall be listed with the New York state depart-
ment of labor and with the one-stop career center established pursuant
to the federal Workforce Innovation and Opportunity Act (Pub. L. No.
113-128) serving the locality in which the employment opportunities are
being created. Such listing shall be in a manner and form prescribed by
the commissioner. All issuers shall further require that for any new
employment opportunities created in connection with an industrial or
manufacturing project financed through the issuance of qualified small
issue bonds by such issuer, industrial or manufacturing firms shall
first consider persons eligible to participate in the Workforce Inno-
vation and Opportunity Act (Pub. L. No. 113-128) programs who shall be
referred to the industrial or manufacturing firm by one-stop centers in
local workforce investment areas or by the department of labor. Issuers
of qualified small issue bonds are required to monitor compliance with
the provisions of this section as prescribed by the commissioner.
2. Nothing in this section shall be construed to require users of
qualified small issue bonds to violate any existing collective bargain-
ing agreement with respect to the hiring of new employees. Failure on
the part of any user of qualified small issue bonds to comply with the
requirements of this section shall not affect the allocation of bonding
authority to the issuer of the bonds or the validity or tax exempt
status of such bonds.
§ 8. Overlapping jurisdictions. In a geographic area represented by a
county local agency and one or more sub-county local agencies, the allo-
cation granted by section four of this act with respect to such area of
overlapping jurisdiction shall be apportioned one-half to the county
local agency and one-half to the sub-county local agency or agencies.
Where there is a local agency for the benefit of a village within the
geographic area of a town for the benefit of which there is a local
agency, the allocation of the village local agency shall be based on the
population of the geographic area of the village, and the allocation of
the town local agency shall be based upon the population of the
geographic area of the town outside of the village. Notwithstanding the
foregoing, a local agency may surrender all or part of its allocation
for such calendar year to another local agency with an overlapping
S. 8006--C 243 A. 9006--C
jurisdiction. Such surrender shall be made at such time and in such
manner as the commissioner shall prescribe.
§ 9. Ineligible local agencies. To the extent that any allocation of
the local agency set-aside would be made by this act to a local agency
which is ineligible to receive such allocation under the code or under
regulations interpreting the state volume ceiling provisions of the
code, such allocation shall instead be made to the political subdivision
for whose benefit that local agency was created.
§ 10. Municipal reallocation. The chief executive officer of any poli-
tical subdivision or, if such political subdivision has no chief execu-
tive officer, the governing board of the political subdivision for the
benefit of which a local agency has been established, may withdraw all
or any portion of the allocation granted by section four of this act to
such local agency. The political subdivision may then reallocate all or
any portion of such allocation, as well as all or any portion of the
allocation received pursuant to section nine of this act, to itself or
any other issuer established for the benefit of that political subdivi-
sion or may assign all or any portion of the allocation received pursu-
ant to section nine of this act to the local agency created for its
benefit. The chief executive officer or governing board of the political
subdivision, as the case may be, shall notify the commissioner of any
such reallocation.
§ 11. Future allocations for multi-year housing development projects.
1. In addition to other powers granted under this act, the commissioner
is authorized to make the following future allocations of statewide
ceiling for any multi-year housing development project for which the
commissioner also makes an allocation of statewide ceiling for the
current year under this act or for which, in the event of expiration of
provisions of this act described in section eighteen of this act, an
allocation of volume cap for a calendar year subsequent to such expira-
tion shall have been made under section 146 of the code: (a) to local
agencies from the local agency set-aside (but only with the approval of
the chief executive officer of the political subdivision to which the
local agency set-aside relates or the governing body of a political
subdivision having no chief executive officer) and (b) to other issuers
from that portion, if any, of the statewide bond reserve transferred to
the commissioner by the director. Any future allocation made by the
commissioner shall constitute an allocation of statewide ceiling for the
future year specified by the commissioner and shall be deemed to have
been made on the first day of the future year so specified.
2. In addition to other powers granted under this act, the director is
authorized to make future allocations of statewide ceiling from the
state agency set-aside or from the statewide bond reserve to state agen-
cies for any multi-year housing development project for which the direc-
tor also makes an allocation of statewide ceiling from the current year
under this act or for which, in the event of expiration of provisions of
this act described in section eighteen of this act, an allocation of
volume cap for a calendar year subsequent to such expiration shall have
been made under section 146 of the code, and is authorized to make
transfers of the statewide bond reserve to the commissioner for future
allocations to other issuers for multi-year housing development projects
for which the commissioner has made an allocation of statewide ceiling
for the current year. Any such future allocation or transfer of the
statewide bond reserve for future allocation made by the director shall
constitute an allocation of statewide ceiling or transfer of the state-
wide bond reserve for the future years specified by the director and
S. 8006--C 244 A. 9006--C
shall be deemed to have been made on the first day of the future year so
specified.
3. (a) If an allocation made with respect to a multi-year housing
development project is not used by September fifteenth of the year to
which the allocation relates, the allocation with respect to the then
current year shall be subject to recapture in accordance with the
provisions of section twelve of this act, and in the event of such a
recapture, unless a carryforward election by another issuer shall have
been approved by the commissioner or a carryforward election by a state
agency shall have been approved by the director, all future allocations
made with respect to such project pursuant to subdivision one or two of
this section shall be canceled.
(b) The commissioner and the director shall have the authority to make
future allocations from recaptured current year allocations and canceled
future allocations to multi-year housing development projects in a
manner consistent with the provisions of this act. Any such future allo-
cation shall, unless a carryforward election by another issuer shall
have been approved by the commissioner or a carryforward election by a
state agency shall have been approved by the director, be canceled if
the current year allocation for the project is not used by December 31,
2023.
(c) The commissioner and the director shall establish procedures
consistent with the provisions of this act relating to carryforward of
future allocations.
4. The aggregate future allocations from either of the two succeeding
years shall not exceed six hundred fifty million dollars for each such
year.
§ 12. Year end allocation recapture. On or before September first of
each year, each state agency shall report to the director and each local
agency and each other issuer shall report to the commissioner the amount
of bonds subject to allocation under this act that will be issued prior
to the end of the then current calendar year, and the amount of the
issuer's then total allocation that will remain unused. As of September
fifteenth of each year, the unused portion of each local agency's and
other issuer's then total allocation as reported and the unallocated
portion of the set-aside for state agencies shall be recaptured and
added to the statewide bond reserve and shall no longer be available to
covered bond issuers except as otherwise provided herein. From September
fifteenth through the end of the year, each local agency or other issuer
having an allocation shall immediately report to the commissioner and
each state agency having an allocation shall immediately report to the
director any changes to the status of its allocation or the status of
projects for which allocations have been made which should affect the
timing or likelihood of the issuance of covered bonds therefor. If the
commissioner determines that a local agency or other issuer has overes-
timated the amount of covered bonds subject to allocation that will be
issued prior to the end of the calendar year, the commissioner may
recapture the amount of the allocation to such local agency or other
issuer represented by such overestimation by notice to the local agency
or other issuer, and add such allocation to the statewide bond reserve.
The director may likewise make such determination and recapture with
respect to state agency allocations.
§ 13. Allocation carryforward. 1. No local agency or other issuer
shall make a carryforward election utilizing any unused allocation
(pursuant to section 146(f) of the code) without the prior approval of
the commissioner. Likewise no state agency shall make or file such an
S. 8006--C 245 A. 9006--C
election, or elect to issue or carryforward mortgage credit certif-
icates, without the prior approval of the director.
2. On or before November fifteenth of each year, each state agency
seeking unused statewide ceiling for use in future years shall make a
request for an allocation for a carryforward to the director, whose
approval shall be required before a carryforward election is filed by or
on behalf of any state agency. A later request may also be considered by
the director, who may file a carryforward election for any state agency
with the consent of such agency.
3. On or before November fifteenth of each year, each local agency or
other issuer seeking unused statewide ceiling for use in future years
shall make a request for an allocation for a carryforward to the commis-
sioner, whose approval shall be required before a carryforward election
is filed by or on behalf of any local or other agency. A later request
may also be considered by the commissioner.
4. On or before January fifteenth of each year, the director shall
publish the total amount of unused statewide ceiling from the prior year
on the division of budget's website.
§ 14. New York state bond allocation policy advisory panel. 1. There
is hereby created a policy advisory panel and process to provide policy
advice regarding the priorities for distribution of the statewide ceil-
ing.
2. The panel shall consist of five members, one designee being
appointed by each of the following: the governor, the temporary presi-
dent of the senate, the speaker of the assembly, the minority leader of
the senate and the minority leader of the assembly. The designee of the
governor shall chair the panel. The panel shall monitor the allocation
process through the year, and in that regard, the division of the budget
and the department of economic development shall assist and cooperate
with the panel as provided in this section. The advisory process shall
operate through the issuance of advisory opinions by members of the
panel as provided in subdivisions six and seven of this section. A meet-
ing may be held at the call of the chair with the unanimous consent of
the members.
3. (a) Upon receipt of a request for allocation or a request for
approval of a carryforward election from the statewide reserve from a
local agency or other issuer, the commissioner shall, within five work-
ing days, notify the panel of such request and provide the panel with
copies of all application materials submitted by the applicant.
(b) Upon receipt of a request for allocation or a request for approval
of carryforward election from the statewide reserve from a state agency,
the director shall, within five working days, notify the panel of such
request and provide the panel with copies of all application materials
submitted by the applicant.
4. (a) Following receipt of a request for allocation from a local
agency or other issuer, the commissioner shall notify the panel of a
decision to approve or exclude from further consideration such request,
and the commissioner shall state the reasons. Such notification shall be
made with or after the transmittal of the information specified in
subdivision three of this section and at least five working days before
formal notification is made to the applicant.
(b) Following receipt of a request for allocation from a state agency,
the director shall notify the panel of a decision to approve or exclude
from further consideration such request, and shall state the reasons.
Such notification shall be made with or after the transmission of the
information specified in subdivision three of this section and at least
S. 8006--C 246 A. 9006--C
five working days before formal notification is made to the state agen-
cy.
5. The requirements of subdivisions three and four of this section
shall not apply to adjustments to allocations due to bond sizing chang-
es.
6. In the event that any decision to approve or to exclude from
further consideration a request for allocation is made within ten work-
ing days of the end of the calendar year and in the case of all requests
for consent to a carryforward election, the commissioner or director, as
is appropriate, shall provide the panel with the longest possible
advance notification of the action, consistent with the requirements of
the code, and shall, wherever possible, solicit the opinions of the
members of the panel before formally notifying any applicant of the
action. Such notification may be made by means of telephone communi-
cation to the members or by written notice delivered to the Albany
office of the appointing authority of the respective members.
7. Upon notification by the director or the commissioner, any member
of the panel may, within five working days, notify the commissioner or
the director of any policy objection concerning the expected action. If
three or more members of the panel shall submit policy objections in
writing to the intended action, the commissioner or the director shall
respond in writing to the objection prior to taking the intended action
unless exigent circumstances make it necessary to respond after the
action has been taken.
8. On or before the first day of July, in any year, the director shall
report to the members of the New York state bond allocation policy advi-
sory panel on the actual utilization of volume cap for the issuance of
bonds during the prior calendar year and the amount of such cap allo-
cated for carryforwards for future bond issuance. The report shall
include, for each local agency or other issuer and each state agency the
initial allocation, the amount of bonds issued subject to the allo-
cation, the amount of the issuer's allocation that remained unused, the
allocation of the statewide bond reserve, carryforward allocations and
recapture of allocations. Further, the report shall include projections
regarding private activity bond issuance for state and local issuers for
the calendar year, as well as any recommendations for legislative
action. The director shall publish the report on the division of budg-
et's website concurrently with the release of the report to the panel.
§ 15. Severability. If any clause, sentence, paragraph, section, or
item of this part 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 item thereof directly
involved in the controversy in which such judgment shall have been
rendered.
§ 16. Notwithstanding any provisions of this act to the contrary (1)
provided that a local agency or other issuer certifies to the commis-
sioner on or before October 1, 2022 that it has issued private activity
bonds described in this act and the amount thereof which used statewide
ceiling, a commitment or allocation of statewide ceiling to a local
agency or other issuer made to or so used by such local agency or other
issuer pursuant to the federal tax reform act of 1986 on or after Janu-
ary 1, 2022 and prior to the effective date of this act, in an amount
which exceeds the local agency set-aside established by section four of
this act, shall be first chargeable to the statewide bond reserve estab-
lished pursuant to section six of this act, and (2) a commitment or
S. 8006--C 247 A. 9006--C
allocation of statewide ceiling to a state agency made to or used by
such agency pursuant to the internal revenue code, as amended, on or
after January 1, 2022 and prior to the effective date of this act, shall
be first chargeable to the state agency set-aside established pursuant
to section five of this act, and, thereafter, to the statewide bond
reserve established by section six of this act.
§ 17. Nothing contained in this act shall be deemed to supersede,
alter or impair any allocation used by or committed by the director or
commissioner to a state or local agency or other issuer pursuant to the
federal tax reform act of 1986 and prior to the effective date of this
act.
§ 18. This act shall take effect immediately; provided, however, that
sections three, four, five, six, seven, eight, nine, ten, twelve, thir-
teen and fourteen of this act shall expire July 1, 2025 when upon such
date the provisions of such sections shall be deemed repealed; except
that the provisions of subdivisions two and three of section thirteen of
this act shall expire and be deemed repealed February 15, 2025.
PART WW
Section 1. Subdivision (c) of section 103 of the public officers law,
as added by chapter 289 of the laws of 2000, is amended to read as
follows:
(c) A public body [that uses videoconferencing to conduct its meet-
ings] shall provide an opportunity for the public to attend, listen and
observe [at any site] MEETINGS IN AT LEAST ONE PHYSICAL LOCATION at
which a member participates.
§ 2. The public officers law is amended by adding a new section 103-a
to read as follows:
§ 103-A. VIDEOCONFERENCING BY PUBLIC BODIES. 1. FOR THE PURPOSES OF
THIS SECTION, "LOCAL PUBLIC BODY" SHALL MEAN A PUBLIC CORPORATION AS
DEFINED IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW, A POLI-
TICAL SUBDIVISION AS DEFINED IN SECTION ONE HUNDRED OF THE GENERAL
MUNICIPAL LAW OR A COMMITTEE OR SUBCOMMITTEE OR OTHER SIMILAR BODY OF
SUCH ENTITY, OR ANY ENTITY FOR WHICH A QUORUM IS REQUIRED IN ORDER TO
CONDUCT PUBLIC BUSINESS AND WHICH CONSISTS OF TWO OR MORE MEMBERS,
PERFORMING A GOVERNMENTAL FUNCTION FOR AN ENTITY LIMITED IN THE
EXECUTION OF ITS OFFICIAL FUNCTIONS TO A PORTION ONLY OF THE STATE, OR A
POLITICAL SUBDIVISION OF THE STATE, OR FOR AN AGENCY OR DEPARTMENT THER-
EOF. FOR THE PURPOSES OF THIS SECTION, A PUBLIC BODY SHALL BE AS
DEFINED IN SUBDIVISION TWO OF SECTION ONE HUNDRED TWO OF THIS ARTICLE.
2. A PUBLIC BODY MAY, IN ITS DISCRETION, USE VIDEOCONFERENCING TO
CONDUCT ITS MEETINGS PURSUANT TO THE REQUIREMENTS OF THIS ARTICLE
PROVIDED THAT A MINIMUM NUMBER OF MEMBERS ARE PRESENT TO FULFILL THE
PUBLIC BODY'S QUORUM REQUIREMENT IN THE SAME PHYSICAL LOCATION OR
LOCATIONS WHERE THE PUBLIC CAN ATTEND AND THE FOLLOWING CRITERIA ARE
MET:
(A) THE GOVERNING BOARD OF A COUNTY, CITY, TOWN OR VILLAGE HAS ADOPTED
A LOCAL LAW, OR A PUBLIC BODY HAS ADOPTED A RESOLUTION, OR THE SENATE
AND ASSEMBLY HAVE ADOPTED A JOINT RESOLUTION, FOLLOWING A PUBLIC HEAR-
ING, AUTHORIZING THE USE OF VIDEOCONFERENCING:
(I) FOR ITSELF AND ITS COMMITTEES OR SUBCOMMITTEES; OR,
(II) SPECIFYING THAT EACH COMMITTEE OR SUBCOMMITTEE MAY MAKE ITS OWN
DETERMINATION;
(III) PROVIDED HOWEVER, EACH COMMUNITY BOARD IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE SHALL MAKE ITS OWN DETERMINATION;
S. 8006--C 248 A. 9006--C
(B) THE PUBLIC BODY HAS ESTABLISHED WRITTEN PROCEDURES GOVERNING
MEMBER AND PUBLIC ATTENDANCE CONSISTENT WITH THIS SECTION, AND SUCH
WRITTEN PROCEDURES SHALL BE CONSPICUOUSLY POSTED ON THE PUBLIC WEBSITE
OF THE PUBLIC BODY;
(C) MEMBERS OF THE PUBLIC BODY SHALL BE PHYSICALLY PRESENT AT ANY SUCH
MEETING UNLESS SUCH MEMBER IS UNABLE TO BE PHYSICALLY PRESENT AT ANY
SUCH MEETING LOCATION DUE TO EXTRAORDINARY CIRCUMSTANCES, AS SET FORTH
IN THE RESOLUTION AND WRITTEN PROCEDURES ADOPTED PURSUANT TO PARAGRAPHS
(A) AND (B) OF THIS SUBDIVISION, INCLUDING DISABILITY, ILLNESS, CAREGIV-
ING RESPONSIBILITIES, OR ANY OTHER SIGNIFICANT OR UNEXPECTED FACTOR OR
EVENT WHICH PRECLUDES THE MEMBER'S PHYSICAL ATTENDANCE AT SUCH MEETING;
(D) EXCEPT IN THE CASE OF EXECUTIVE SESSIONS CONDUCTED PURSUANT TO
SECTION ONE HUNDRED FIVE OF THIS ARTICLE, THE PUBLIC BODY SHALL ENSURE
THAT MEMBERS OF THE PUBLIC BODY CAN BE HEARD, SEEN AND IDENTIFIED, WHILE
THE MEETING IS BEING CONDUCTED, INCLUDING BUT NOT LIMITED TO ANY
MOTIONS, PROPOSALS, RESOLUTIONS, AND ANY OTHER MATTER FORMALLY DISCUSSED
OR VOTED UPON;
(E) THE MINUTES OF THE MEETINGS INVOLVING VIDEOCONFERENCING SHALL
INCLUDE WHICH, IF ANY, MEMBERS PARTICIPATED REMOTELY AND SHALL BE AVAIL-
ABLE TO THE PUBLIC PURSUANT TO SECTION ONE HUNDRED SIX OF THIS ARTICLE;
(F) IF VIDEOCONFERENCING IS USED TO CONDUCT A MEETING, THE PUBLIC
NOTICE FOR THE MEETING SHALL INFORM THE PUBLIC THAT VIDEOCONFERENCING
WILL BE USED, WHERE THE PUBLIC CAN VIEW AND/OR PARTICIPATE IN SUCH MEET-
ING, WHERE REQUIRED DOCUMENTS AND RECORDS WILL BE POSTED OR AVAILABLE,
AND IDENTIFY THE PHYSICAL LOCATION FOR THE MEETING WHERE THE PUBLIC CAN
ATTEND;
(G) THE PUBLIC BODY SHALL PROVIDE THAT EACH MEETING CONDUCTED USING
VIDEOCONFERENCING SHALL BE RECORDED AND SUCH RECORDINGS POSTED OR LINKED
ON THE PUBLIC WEBSITE OF THE PUBLIC BODY WITHIN FIVE BUSINESS DAYS
FOLLOWING THE MEETING, AND SHALL REMAIN SO AVAILABLE FOR A MINIMUM OF
FIVE YEARS THEREAFTER. SUCH RECORDINGS SHALL BE TRANSCRIBED UPON
REQUEST;
(H) IF VIDEOCONFERENCING IS USED TO CONDUCT A MEETING, THE PUBLIC BODY
SHALL PROVIDE THE OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO VIEW SUCH
MEETING VIA VIDEO, AND TO PARTICIPATE IN PROCEEDINGS VIA VIDEOCONFERENCE
IN REAL TIME WHERE PUBLIC COMMENT OR PARTICIPATION IS AUTHORIZED AND
SHALL ENSURE THAT VIDEOCONFERENCING AUTHORIZES THE SAME PUBLIC PARTIC-
IPATION OR TESTIMONY AS IN PERSON PARTICIPATION OR TESTIMONY; AND
(I) A LOCAL PUBLIC BODY ELECTING TO UTILIZE VIDEOCONFERENCING TO
CONDUCT ITS MEETINGS MUST MAINTAIN AN OFFICIAL WEBSITE.
3. THE IN PERSON PARTICIPATION REQUIREMENTS OF PARAGRAPH (C) OF SUBDI-
VISION TWO OF THIS SECTION SHALL NOT APPLY DURING A STATE DISASTER EMER-
GENCY DECLARED BY THE GOVERNOR PURSUANT TO SECTION TWENTY-EIGHT OF THE
EXECUTIVE LAW, OR A LOCAL STATE OF EMERGENCY PROCLAIMED BY THE CHIEF
EXECUTIVE OF A COUNTY, CITY, VILLAGE OR TOWN PURSUANT TO SECTION TWEN-
TY-FOUR OF THE EXECUTIVE LAW, IF THE PUBLIC BODY DETERMINES THAT THE
CIRCUMSTANCES NECESSITATING THE EMERGENCY DECLARATION WOULD AFFECT OR
IMPAIR THE ABILITY OF THE PUBLIC BODY TO HOLD AN IN PERSON MEETING.
4. NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMIT-
TEE ON OPEN GOVERNMENT, CREATED BY PARAGRAPH (A) OF SUBDIVISION ONE OF
SECTION EIGHTY-NINE OF THIS CHAPTER, SHALL ISSUE A REPORT TO THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
THE CHAIR OF THE SENATE STANDING COMMITTEE ON LOCAL GOVERNMENT, THE
CHAIR OF THE SENATE STANDING COMMITTEE ON INVESTIGATIONS AND GOVERNMENT
OPERATIONS, THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON LOCAL
GOVERNMENTS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERN-
S. 8006--C 249 A. 9006--C
MENTAL OPERATIONS CONCERNING THE APPLICATION AND IMPLEMENTATION OF SUCH
LAW AND ANY FURTHER RECOMMENDATIONS GOVERNING THE USE OF VIDEOCONFERENC-
ING BY PUBLIC BODIES TO CONDUCT MEETINGS PURSUANT TO THIS SECTION.
5. OPEN MEETINGS OF ANY PUBLIC BODY THAT ARE BROADCAST OR THAT USE
VIDEOCONFERENCING SHALL UTILIZE TECHNOLOGY TO PERMIT ACCESS BY MEMBERS
OF THE PUBLIC WITH DISABILITIES CONSISTENT WITH THE 1990 AMERICANS WITH
DISABILITIES ACT (ADA), AS AMENDED, AND CORRESPONDING GUIDELINES. FOR
THE PURPOSES OF THIS SECTION, "DISABILITY" SHALL HAVE THE MEANING
DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
§ 3. Notwithstanding the provisions of article 7 of the public offi-
cers law to the contrary, for sixty days after the effective date of
this act any public body shall be authorized to meet and take such
action authorized by law without permitting in public-in-person access
to meetings and authorize such meetings to be held remotely by confer-
ence call or similar service, provided that the public has the ability
to view or listen to such proceeding and that such meetings are recorded
and later transcribed.
§ 4. This act shall take effect immediately and shall expire and be
deemed repealed July 1, 2024.
PART XX
Section 1. The public health law is amended by adding a new section
3614-f to read as follows:
§ 3614-F. HOME CARE MINIMUM WAGE INCREASE. 1. FOR THE PURPOSE OF THIS
SECTION, "HOME CARE AIDE" SHALL HAVE THE SAME MEANING AS DEFINED IN
SECTION THIRTY-SIX HUNDRED FOURTEEN-C OF THIS ARTICLE.
2. IN ADDITION TO THE OTHERWISE APPLICABLE MINIMUM WAGE UNDER SECTION
SIX HUNDRED FIFTY-TWO OF THE LABOR LAW, OR ANY OTHERWISE APPLICABLE WAGE
RULE OR ORDER UNDER ARTICLE NINETEEN OF THE LABOR LAW, THE MINIMUM WAGE
FOR A HOME CARE AIDE SHALL BE INCREASED BY AN AMOUNT OF THREE DOLLARS
AND ZERO CENTS IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
(A) BEGINNING OCTOBER FIRST, TWO THOUSAND TWENTY-TWO, THE MINIMUM WAGE
FOR A HOME CARE AIDE SHALL BE INCREASED BY AN AMOUNT OF TWO DOLLARS AND
ZERO CENTS, AND
(B) BEGINNING OCTOBER FIRST, TWO THOUSAND TWENTY-THREE, THE MINIMUM
WAGE FOR A HOME CARE AIDE SHALL BE INCREASED BY AN ADDITIONAL AMOUNT OF
ONE DOLLAR AND ZERO CENTS.
3. WHERE ANY HOME CARE AIDE IS PAID LESS THAN REQUIRED BY SUBDIVISION
TWO OF THIS SECTION, THE HOME CARE AIDE, OR THE COMMISSIONER OF LABOR
ACTING ON BEHALF OF THE HOME CARE AIDE, MAY BRING A CIVIL ACTION UNDER
ARTICLE SIX OR NINETEEN OF THE LABOR LAW; PROVIDED THAT THIS SHALL NOT
PRECLUDE THE COMMISSIONER OF LABOR FROM TAKING DIRECT ADMINISTRATIVE
ENFORCEMENT ACTION UNDER ARTICLE SIX OF THE LABOR LAW.
§ 2. Section 3614-d of the public health law, as added by section 49
of part B of chapter 57 of the laws of 2015, is amended to read as
follows:
§ 3614-d. Universal standards for coding of payment for medical
assistance claims for long term care. Claims for payment submitted under
contracts or agreements with insurers under the medical assistance
program for home and community-based long-term care services provided
under this article, by fiscal intermediaries operating pursuant to
section three hundred sixty-five-f of the social services law, and by
residential health care facilities operating pursuant to article twen-
ty-eight of this chapter shall have standard billing codes. Such insur-
ers shall include but not be limited to Medicaid managed care plans and
S. 8006--C 250 A. 9006--C
managed long term care plans. Such payments shall be based on universal
billing codes approved by the department or a nationally accredited
organization as approved by the department; provided, however, such
coding shall be consistent with any codes developed as part of the
uniform assessment system for long term care established by the depart-
ment AND SHALL INCLUDE, FOR ANY ENTITY OPERATING PURSUANT TO SECTION
THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW A CODE THAT IS
SPECIFIC TO THE HOURLY COST OF SERVICES AT AN OVERTIME RATE; PROVIDED,
HOWEVER, THAT THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE THE DEPART-
MENT TO DEVELOP AN OVERTIME RATE.
§ 3. Subparagraph (iv) of paragraph (a) of subdivision 3 of section
3614-c of the public health law, as amended by section 1 of part OO of
chapter 56 of the laws of 2020, is amended and a new subparagraph (v) is
added to read as follows:
(iv) for all periods on or after April first, two thousand sixteen,
the cash portion of the minimum rate of home care aide total compen-
sation shall be ten dollars or the minimum wage as laid out in paragraph
(a) of subdivision one of section six hundred fifty-two of the labor
law, whichever is higher. The benefit portion of the minimum rate of
home care aide total compensation shall be four dollars and nine
cents[.];
(V) FOR ALL PERIODS ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
THREE, THE CASH PORTION OF THE MINIMUM RATE OF HOME CARE AIDE TOTAL
COMPENSATION SHALL BE THE MINIMUM WAGE FOR HOME CARE AIDES IN THE APPLI-
CABLE REGION, AS DEFINED IN SECTION THIRTY-SIX HUNDRED FOURTEEN-F OF
THIS ARTICLE. THE BENEFIT PORTION OF THE MINIMUM RATE OF HOME CARE AIDE
TOTAL COMPENSATION SHALL BE FOUR DOLLARS AND NINE CENTS.
§ 4. Subparagraph (iv) of paragraph (b) of subdivision 3 of section
3614-c of the public health law, as amended by section 1 of part OO of
chapter 56 of the laws of 2020, is amended and a new subparagraph (v) is
added to read as follows:
(iv) for all periods on or after March first, two thousand sixteen,
the cash portion of the minimum rate of home care aide total compen-
sation shall be ten dollars or the minimum wage as laid out in paragraph
(b) of subdivision one of section six hundred fifty-two of the labor
law, whichever is higher. The benefit portion of the minimum rate of
home care aide total compensation shall be three dollars and twenty-two
cents[.];
(V) FOR ALL PERIODS ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
THREE, THE CASH PORTION OF THE MINIMUM RATE OF HOME CARE AIDE TOTAL
COMPENSATION SHALL BE THE MINIMUM WAGE FOR THE APPLICABLE REGION, AS
DEFINED IN SECTION THIRTY-SIX HUNDRED FOURTEEN-F OF THIS ARTICLE. THE
BENEFIT PORTION OF THE MINIMUM RATE OF HOME CARE AIDE TOTAL COMPENSATION
SHALL BE THREE DOLLARS AND TWENTY-TWO CENTS.
§ 5. Severability. If any provision of this act, or any application of
any provision of this act, is held to be invalid, or to violate or be
inconsistent with any federal law or regulation, that shall not affect
the validity or effectiveness of any other provision of this act, or of
any other application of any provision of this act which can be given
effect without that provision or application; and to that end, the
provisions and applications of this act are severable.
§ 6. This act shall take effect October 1, 2022.
PART YY
S. 8006--C 251 A. 9006--C
Section 1. Sections 1 and 3 of chapter 252 of the laws of 1968 relat-
ing to the construction and financing of a stadium by the county of Erie
and authorizing, in aid of such financing, the leasing of such stadium
and exemption from current funds requirements, are amended to read as
follows:
Section 1. (1) Notwithstanding the provisions of any other law, gener-
al, special, or local, the county of Erie, acting by the county execu-
tive, with the approval of the Erie county legislature, is hereby
authorized and empowered from time to time to enter into contracts,
leases, or rental agreements with, TRANSFER REAL PROPERTY TO, or grant
licenses, permits, concessions, or other authorizations, to any person
or persons, upon such terms and conditions, for such consideration and
for such term of duration as may be agreed upon by the county and such
person or persons, whereby, for any purpose or purposes hereinafter
referred to, such person or persons are granted the right, to use, occu-
py, or carry on activities in, the whole or any part of a stadium,
including the site thereof, parking areas and other facilities appurten-
ant thereto or utilized therefor ON REAL PROPERTY OWNED BY THE COUNTY OF
ERIE, OR CONSTRUCTED AND/OR RECONSTRUCTED BY SUCH PERSON OR PERSONS ON
REAL PROPERTY TRANSFERRED BY THE COUNTY OF ERIE TO SUCH PERSON OR
PERSONS, hereby authorized to be (A) constructed by the county of Erie
on such site as may be finally determined by the Erie county legislature
and acquired by the county of Erie, OR (B) CONSTRUCTED AND/OR RECON-
STRUCTED BY SUCH PERSON OR PERSONS ON SUCH SITE AS MAY BE PROVIDED BY
TRANSFER OF REAL PROPERTY BY THE COUNTY OF ERIE TO SUCH PERSON OR
PERSONS. (2) Prior to or after the expiration or termination of the
term of duration of any contracts, leases, rental agreements, licenses,
permits, concessions, or other authorizations entered into or granted
pursuant to the provisions of this act, the county of Erie, in accord-
ance with the requirements and conditions of this act, may from time to
time enter into amended, supplemental, new, additional, or further
contracts, leases, or rental agreements with, and grant new, additional,
supplemental, or further licenses, permits, concessions, or other
authorizations to, the same or any other person or persons for any
purpose or purposes referred to herein.
§ 3. The construction, REPLACEMENT, reconstruction, or alteration of,
or construction of an addition to or a roof or increased seating capaci-
ty for, such stadium, including acquisition of land or rights in land,
demolition of existing structures thereon, grading or improving of the
site, construction of parking areas and other facilities appurtenant
thereto or utilized therefor and improvements in relation thereto and
purchase and installation of original furnishings, equipment, machinery,
and apparatus required for the purpose for which such stadium is to be
used, is hereby declared to be a specific object or purpose for which
indebtedness may be contracted and serial bonds and bond anticipation
notes of the county of Erie may be issued, pursuant to the applicable
provisions of the local finance law and the period of probable useful-
ness thereof is hereby determined to be forty years. Preliminary costs
of surveys, maps, plans, estimates, and hearings in connection with such
capital improvements and costs incidental to such improvement, including
but not limited to legal fees, printing or engraving, publication of
notices, taking of title, apportionment of costs and interest during
construction shall be deemed part of the cost of such object or purpose.
§ 2. Section 5 of chapter 252 of the laws of 1968 relating to the
construction and financing of a stadium by the county of Erie and
authorizing, in aid of such financing, the leasing of such stadium and
S. 8006--C 252 A. 9006--C
exemption from current funds requirements, as renumbered by chapter 699
of the laws of 1974, is renumbered section 6 and a new section 5 is
added to read as follows:
§ 5. THE APPROPRIATION AND EXPENDITURE OF ANY FUNDS AFTER JANUARY 1,
2022 FOR ANY PURPOSES RELATED TO SERVICES AND EXPENSES FOR ANY NEWLY
CONSTRUCTED ATHLETIC FACILITIES RELATED TO PROFESSIONAL FOOTBALL IN
ORCHARD PARK, NEW YORK SHALL BE SUBJECT TO A CONTRACTUAL AGREEMENT
BETWEEN THE ERIE COUNTY STADIUM CORPORATION AND THE LESSEE OF SUCH
ATHLETIC FACILITIES WHICH PROVIDES THAT SUCH LESSEE COMMIT TO THE UTILI-
ZATION AND OCCUPATION OF ANY NEWLY CONSTRUCTED ATHLETIC FACILITIES
(PROHIBITION ON RELOCATION) FOR A MINIMUM DURATION OF THIRTY YEARS; AND
PROVIDED FURTHER, IN ADDITION TO ANY OTHER PENALTIES, REMEDIES AND FEES
NEGOTIATED IN SUCH CONTRACT AND ANY ANCILLARY DOCUMENTS AND AGREEMENTS
ASSOCIATED THEREWITH BETWEEN THE ERIE COUNTY STADIUM CORPORATION AND THE
LESSEE, SUCH CONTRACT AND ANY ANCILLARY DOCUMENTS AND AGREEMENTS ASSOCI-
ATED THEREWITH SHALL PROVIDE THAT THE LESSEE OF SUCH ATHLETIC FACILI-
TIES REIMBURSE THE STATE FOR A PORTION OF SUCH FUNDS CONSISTENT WITH THE
TERMS OF THE PROHIBITION ON RELOCATION PROVISIONS INCLUDED IN SUCH
CONTRACT AND ANY ANCILLARY DOCUMENTS AND AGREEMENTS ASSOCIATED THERE-
WITH.
§ 3. This act shall take effect immediately.
PART ZZ
Section 1. The social services law is amended by adding a new section
367-w to read as follows:
§ 367-W. HEALTH CARE AND MENTAL HYGIENE WORKER BONUSES. 1. PURPOSE
AND INTENT. NEW YORK'S ESSENTIAL FRONT LINE HEALTH CARE AND MENTAL
HYGIENE WORKERS HAVE SEEN US THROUGH A ONCE-IN-A-CENTURY PUBLIC HEALTH
CRISIS AND TURNED OUR STATE INTO A MODEL FOR BATTLING AND BEATING
COVID-19. TO ATTRACT TALENTED PEOPLE INTO THE PROFESSION AT A TIME OF
SUCH SIGNIFICANT STRAIN WHILE ALSO RETAINING THOSE WHO HAVE BEEN WORKING
SO TIRELESSLY THESE PAST TWO YEARS, WE MUST RECOGNIZE THE EFFORTS OF OUR
HEALTH CARE AND MENTAL HYGIENE WORKFORCE AND REWARD THEM FINANCIALLY FOR
THEIR SERVICE.
TO DO THAT, THE COMMISSIONER OF HEALTH IS HEREBY DIRECTED TO SEEK
FEDERAL APPROVALS AS APPLICABLE, AND, SUBJECT TO FEDERAL FINANCIAL
PARTICIPATION, TO SUPPORT WITH FEDERAL AND STATE FUNDING BONUSES TO BE
MADE AVAILABLE DURING THE STATE FISCAL YEAR OF 2023 TO RECRUIT, RETAIN,
AND REWARD HEALTH CARE AND MENTAL HYGIENE WORKERS.
2. DEFINITIONS. AS USED IN THIS SECTION, THE TERM:
(A) "EMPLOYEE" MEANS CERTAIN FRONT LINE HEALTH CARE AND MENTAL HYGIENE
PRACTITIONERS, TECHNICIANS, ASSISTANTS AND AIDES THAT PROVIDE HANDS ON
HEALTH OR CARE SERVICES TO INDIVIDUALS, WITHOUT REGARD TO WHETHER THE
PERSON WORKS FULL-TIME, PART-TIME, ON A SALARIED, HOURLY, OR TEMPORARY
BASIS, OR AS AN INDEPENDENT CONTRACTOR, THAT RECEIVED AN ANNUALIZED BASE
SALARY OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS OR LESS, TO INCLUDE:
(I) PHYSICIAN ASSISTANTS, DENTAL HYGIENISTS, DENTAL ASSISTANTS,
PSYCHIATRIC AIDES, PHARMACISTS, PHARMACY TECHNICIANS, PHYSICAL THERA-
PISTS, PHYSICAL THERAPY ASSISTANTS, PHYSICAL THERAPY AIDES, OCCUPATIONAL
THERAPISTS, OCCUPATIONAL THERAPY ASSISTANTS, OCCUPATIONAL THERAPY AIDES,
SPEECH-LANGUAGE PATHOLOGISTS, RESPIRATORY THERAPISTS, EXERCISE PHYSIOLO-
GISTS, RECREATIONAL THERAPISTS, ALL OTHER THERAPISTS, ORTHOTISTS,
PROSTHETISTS, CLINICAL LABORATORY TECHNOLOGISTS AND TECHNICIANS, DIAG-
NOSTIC MEDICAL SONOGRAPHERS, NUCLEAR MEDICINE TECHNOLOGISTS, RADIOLOGIC
TECHNOLOGISTS, MAGNETIC RESONANCE IMAGING TECHNOLOGISTS, OPHTHALMIC
S. 8006--C 253 A. 9006--C
MEDICAL TECHNICIANS, RADIATION THERAPISTS, DIETETIC TECHNICIANS, CARDIO-
VASCULAR TECHNOLOGISTS AND TECHNICIANS, CERTIFIED FIRST RESPONDERS,
EMERGENCY MEDICAL TECHNICIANS, ADVANCED EMERGENCY MEDICAL TECHNICIANS,
PARAMEDICS, SURGICAL TECHNOLOGISTS, ALL OTHER HEALTH TECHNOLOGISTS AND
TECHNICIANS, ORDERLIES, MEDICAL ASSISTANTS, PHLEBOTOMISTS, ALL OTHER
HEALTH CARE SUPPORT WORKERS, NURSE ANESTHETISTS, NURSE MIDWIVES, NURSE
PRACTITIONERS, REGISTERED NURSES, NURSING ASSISTANTS, AND LICENSED PRAC-
TICAL AND LICENSED VOCATIONAL NURSES;
(II) TO THE EXTENT NOT ALREADY INCLUDED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH, STAFF WHO PERFORM FUNCTIONS AS DESCRIBED IN THE CONSOLIDATED
FISCAL REPORT (CFR) MANUAL WITH RESPECT TO THE FOLLOWING TITLE CODES:
MENTAL HYGIENE WORKER;
RESIDENCE/SITE WORKER;
COUNSELOR (OMH);
MANAGER (OMH);
SENIOR COUNSELOR (OMH);
SUPERVISOR (OMH);
DEVELOPMENTAL DISABILITIES SPECIALIST QIDP - DIRECT CARE (OPWDD);
CERTIFIED RECOVERY PEER ADVOCATE;
PEER PROFESSIONAL - NON-CRPA (OASAS ONLY);
JOB COACH/EMPLOYMENT SPECIALIST (OMH AND OPWDD);
PEER SPECIALIST (OMH);
COUNSELOR - ALCOHOLISM AND SUBSTANCE ABUSE (CASAC);
COUNSELING AIDE/ASSISTANT - ALCOHOLISM AND SUBSTANCE ABUSE;
OTHER DIRECT CARE STAFF;
CASE MANAGER;
COUNSELOR - REHABILITATION;
DEVELOPMENTAL DISABILITIES SPECIALIST/HABILITATION SPECIALIST QIDP -
CLINICAL (OPWDD);
EMERGENCY MEDICAL TECHNICIAN;
INTENSIVE CASE MANAGER (OMH);
INTENSIVE CASE MANAGER/COORDINATOR (OMH);
NURSE - LICENSED PRACTICAL;
NURSE - REGISTERED;
PSYCHOLOGIST (LICENSED);
PSYCHOLOGIST (MASTER'S LEVEL)/BEHAVIORAL SPECIALIST;
PSYCHOLOGY WORKER/OTHER BEHAVIORAL WORKER;
SOCIAL WORKER - LICENSED (LMSW, LCSW);
SOCIAL WORKER - MASTER'S LEVEL (MSW);
LICENSED MENTAL HEALTH COUNSELOR (OASAS, OMH, OCFS);
LICENSED PSYCHOANALYST (OMH);
THERAPIST - RECREATION;
THERAPIST - ACTIVITY/CREATIVE ARTS;
THERAPIST - OCCUPATIONAL;
DIETICIAN/NUTRITIONIST;
THERAPY ASSISTANT/ACTIVITY ASSISTANT;
NURSE'S AIDE/MEDICAL AIDE;
BEHAVIOR INTERVENTION SPECIALIST 1 (OPWDD);
BEHAVIOR INTERVENTION SPECIALIST 2 (OPWDD);
CLINICAL COORDINATOR;
INTAKE/SCREENING;
PHARMACIST;
MARRIAGE AND FAMILY COUNSELOR/THERAPIST;
RESIDENTIAL TREATMENT FACILITY (RTF) TRANSITION COORDINATOR (OMH);
CRISIS PREVENTION SPECIALIST (OMH);
EARLY RECOGNITION SPECIALIST (OMH);
S. 8006--C 254 A. 9006--C
OTHER CLINICAL STAFF/ASSISTANTS;
NURSE PRACTITIONER/NURSING SUPERVISOR;
THERAPIST - PHYSICAL;
THERAPIST - SPEECH;
PROGRAM OR SITE DIRECTOR; AND
ASSISTANT PROGRAM OR ASSISTANT SITE DIRECTOR; AND
(III) SUCH TITLES AS DETERMINED BY THE COMMISSIONER, OR RELEVANT AGEN-
CY COMMISSIONER AS APPLICABLE, AND APPROVED BY THE DIRECTOR OF THE BUDG-
ET.
(B) "EMPLOYER" MEANS A PROVIDER ENROLLED IN THE MEDICAL ASSISTANCE
PROGRAM UNDER THIS TITLE THAT EMPLOYS AT LEAST ONE EMPLOYEE AND THAT
BILLS FOR SERVICES UNDER THE STATE PLAN OR A HOME AND COMMUNITY BASED
SERVICES WAIVER AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION NINE-
TEEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT, OR THAT HAS A
PROVIDER AGREEMENT TO BILL FOR SERVICES PROVIDED OR ARRANGED THROUGH A
MANAGED CARE PROVIDER UNDER SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS
TITLE OR A MANAGED LONG TERM CARE PLAN UNDER SECTION FORTY-FOUR HUNDRED
THREE-F OF THE PUBLIC HEALTH LAW, TO INCLUDE:
(I) PROVIDERS AND FACILITIES LICENSED, CERTIFIED OR OTHERWISE AUTHOR-
IZED UNDER ARTICLES TWENTY-EIGHT, THIRTY, THIRTY-SIX OR FORTY OF THE
PUBLIC HEALTH LAW, ARTICLES SIXTEEN, THIRTY-ONE, THIRTY-TWO OR THIRTY-
SIX OF THE MENTAL HYGIENE LAW, ARTICLE SEVEN OF THIS CHAPTER, FISCAL
INTERMEDIARIES UNDER SECTION THREE HUNDRED SIXTY-FIVE-F OF THIS TITLE,
PHARMACIES REGISTERED UNDER SECTION SIX THOUSAND EIGHT HUNDRED EIGHT OF
THE EDUCATION LAW, OR SCHOOL BASED HEALTH CENTERS;
(II) PROGRAMS THAT PARTICIPATE IN THE MEDICAL ASSISTANCE PROGRAM AND
ARE FUNDED BY THE OFFICE OF MENTAL HEALTH, THE OFFICE OF ADDICTION
SERVICES AND SUPPORTS, OR THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
BILITIES; AND
(III) OTHER PROVIDER TYPES DETERMINED BY THE COMMISSIONER AND APPROVED
BY THE DIRECTOR OF THE BUDGET;
(IV) PROVIDED, HOWEVER, THAT UNLESS THE PROVIDER IS SUBJECT TO A
CERTIFICATE OF NEED PROCESS AS A CONDITION OF STATE LICENSURE OR
APPROVAL, SUCH PROVIDER SHALL NOT BE AN EMPLOYER UNDER THIS SECTION
UNLESS AT LEAST TWENTY PERCENT OF THE PROVIDER'S PATIENTS OR PERSONS
SERVED ARE ELIGIBLE FOR SERVICES UNDER THIS TITLE AND TITLE XIX OF THE
FEDERAL SOCIAL SECURITY ACT.
(C) NOTWITHSTANDING THE DEFINITION OF EMPLOYER IN PARAGRAPH (B) OF
THIS SUBDIVISION, AND WITHOUT REGARD TO THE AVAILABILITY OF FEDERAL
FINANCIAL PARTICIPATION, "EMPLOYER" SHALL ALSO INCLUDE AN INSTITUTION OF
HIGHER EDUCATION, A PUBLIC OR NONPUBLIC SCHOOL, A CHARTER SCHOOL, AN
APPROVED PRESCHOOL PROGRAM FOR STUDENTS WITH DISABILITIES, A SCHOOL
DISTRICT OR BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, PROGRAMS FUNDED
BY THE OFFICE OF MENTAL HEALTH, PROGRAMS FUNDED BY THE OFFICE OF
ADDICTION SERVICES AND SUPPORTS, PROGRAMS FUNDED BY THE OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES, PROGRAMS FUNDED BY THE OFFICE
FOR THE AGING, A HEALTH DISTRICT AS DEFINED IN SECTION TWO OF THE PUBLIC
HEALTH LAW, OR A MUNICIPAL CORPORATION, WHERE SUCH PROGRAM OR ENTITY
EMPLOYS AT LEAST ONE EMPLOYEE. SUCH EMPLOYERS SHALL BE REQUIRED TO
ENROLL IN THE SYSTEM DESIGNATED BY THE COMMISSIONER, OR RELEVANT AGENCY
COMMISSIONERS, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET, FOR THE
PURPOSE OF CLAIMING BONUS PAYMENTS UNDER THIS SECTION. SUCH SYSTEM OR
PROCESS FOR CLAIMING BONUS PAYMENTS MAY BE DIFFERENT FROM THE SYSTEM AND
PROCESS USED UNDER SUBDIVISION THREE OF THIS SECTION.
(D) "VESTING PERIOD" SHALL MEAN A SERIES OF SIX-MONTH PERIODS BETWEEN
THE DATES OF OCTOBER FIRST, TWO THOUSAND TWENTY-ONE AND MARCH THIRTY-
S. 8006--C 255 A. 9006--C
FIRST, TWO THOUSAND TWENTY-FOUR FOR WHICH EMPLOYEES THAT ARE CONTINUOUS-
LY EMPLOYED BY AN EMPLOYER DURING SUCH SIX-MONTH PERIODS, IN ACCORDANCE
WITH A SCHEDULE ISSUED BY THE COMMISSIONER OR RELEVANT AGENCY COMMIS-
SIONER AS APPLICABLE, MAY BECOME ELIGIBLE FOR A BONUS PURSUANT TO SUBDI-
VISION FOUR OF THIS SECTION.
(E) "BASE SALARY" SHALL MEAN, FOR THE PURPOSES OF THIS SECTION, THE
EMPLOYEE'S GROSS WAGES WITH THE EMPLOYER DURING THE VESTING PERIOD,
EXCLUDING ANY BONUSES OR OVERTIME PAY.
(F) "MUNICIPAL CORPORATION" MEANS A COUNTY OUTSIDE THE CITY OF NEW
YORK, A CITY, INCLUDING THE CITY OF NEW YORK, A TOWN, A VILLAGE, OR A
SCHOOL DISTRICT.
3. TRACKING AND SUBMISSION OF CLAIMS FOR BONUSES. (A) THE COMMISSION-
ER, IN CONSULTATION WITH THE COMMISSIONER OF LABOR AND THE MEDICAID
INSPECTOR GENERAL, AND SUBJECT TO ANY NECESSARY APPROVALS BY THE FEDERAL
CENTERS FOR MEDICARE AND MEDICAID SERVICES, SHALL DEVELOP SUCH FORMS AND
PROCEDURES AS MAY BE NEEDED TO IDENTIFY THE NUMBER OF HOURS EMPLOYEES
WORKED AND TO PROVIDE REIMBURSEMENT TO EMPLOYERS FOR THE PURPOSES OF
FUNDING EMPLOYEE BONUSES IN ACCORDANCE WITH HOURS WORKED DURING THE
VESTING PERIOD.
(B) USING THE FORMS AND PROCESSES DEVELOPED BY THE COMMISSIONER UNDER
THIS SUBDIVISION, EMPLOYERS SHALL, FOR A PERIOD OF TIME SPECIFIED BY THE
COMMISSIONER:
(I) TRACK THE NUMBER OF HOURS THAT EMPLOYEES WORK DURING THE VESTING
PERIOD AND, AS APPLICABLE, THE NUMBER OF PATIENTS SERVED BY THE EMPLOYER
WHO ARE ELIGIBLE FOR SERVICES UNDER THIS TITLE; AND
(II) SUBMIT CLAIMS FOR REIMBURSEMENT OF EMPLOYEE BONUS PAYMENTS. IN
FILLING OUT THE INFORMATION REQUIRED TO SUBMIT SUCH CLAIMS, EMPLOYERS
SHALL USE INFORMATION OBTAINED FROM TRACKING REQUIRED PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION AND PROVIDE SUCH OTHER INFORMATION AS MAY
BE PRESCRIBED BY THE COMMISSIONER. IN DETERMINING AN EMPLOYEE'S ANNUAL-
IZED BASE SALARY, THE EMPLOYER SHALL USE INFORMATION BASED ON PAYROLL
RECORDS.
(C) EMPLOYERS SHALL BE RESPONSIBLE FOR DETERMINING WHETHER AN EMPLOYEE
IS ELIGIBLE UNDER THIS SECTION AND SHALL MAINTAIN AND MAKE AVAILABLE
UPON REQUEST ALL RECORDS, DATA AND INFORMATION THE EMPLOYER RELIED UPON
IN MAKING THE DETERMINATION THAT AN EMPLOYEE WAS ELIGIBLE, IN ACCORDANCE
WITH PARAGRAPH (D) OF THIS SUBDIVISION.
(D) EMPLOYERS SHALL MAINTAIN CONTEMPORANEOUS RECORDS FOR ALL TRACKING
AND CLAIMS RELATED INFORMATION AND DOCUMENTS REQUIRED TO SUBSTANTIATE
CLAIMS SUBMITTED UNDER THIS SECTION FOR A PERIOD OF NO LESS THAN SIX
YEARS. EMPLOYERS SHALL FURNISH SUCH RECORDS AND INFORMATION, UPON
REQUEST, TO THE COMMISSIONER, THE MEDICAID INSPECTOR GENERAL, THE
COMMISSIONER OF LABOR, THE SECRETARY OF THE UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES, AND THE DEPUTY ATTORNEY GENERAL FOR MEDICAID
FRAUD CONTROL.
4. PAYMENT OF WORKER BONUSES. (A) UPON ISSUANCE OF A VESTING SCHEDULE
BY THE COMMISSIONER, OR RELEVANT AGENCY COMMISSIONER AS APPLICABLE,
EMPLOYERS SHALL BE REQUIRED TO PAY BONUSES TO EMPLOYEES PURSUANT TO SUCH
SCHEDULE BASED ON THE NUMBER OF HOURS WORKED DURING THE VESTING PERIOD.
THE SCHEDULE SHALL PROVIDE FOR TOTAL PAYMENTS NOT TO EXCEED THREE THOU-
SAND DOLLARS PER EMPLOYEE IN ACCORDANCE WITH THE FOLLOWING:
(I) EMPLOYEES WHO HAVE WORKED AN AVERAGE OF AT LEAST TWENTY BUT LESS
THAN THIRTY HOURS PER WEEK OVER THE COURSE OF A VESTING PERIOD WOULD
RECEIVE A FIVE HUNDRED DOLLAR BONUS FOR THE VESTING PERIOD;
S. 8006--C 256 A. 9006--C
(II) EMPLOYEES WHO HAVE WORKED AN AVERAGE OF AT LEAST THIRTY BUT LESS
THAN THIRTY-FIVE HOURS PER WEEK OVER THE COURSE OF A VESTING PERIOD
WOULD RECEIVE A ONE THOUSAND DOLLAR BONUS FOR SUCH VESTING PERIOD;
(III) EMPLOYEES WHO HAVE WORKED AN AVERAGE OF AT LEAST THIRTY-FIVE
HOURS PER WEEK OVER THE COURSE OF A VESTING PERIOD WOULD RECEIVE A ONE
THOUSAND FIVE HUNDRED DOLLAR BONUS FOR SUCH VESTING PERIOD.
(IV) FULL-TIME EMPLOYEES WHO ARE EXEMPT FROM OVERTIME COMPENSATION AS
ESTABLISHED IN THE LABOR COMMISSIONER'S MINIMUM WAGE ORDERS OR OTHERWISE
PROVIDED BY NEW YORK STATE LAW OR REGULATION OVER THE COURSE OF A VEST-
ING PERIOD WOULD RECEIVE A ONE THOUSAND FIVE HUNDRED DOLLAR BONUS FOR
SUCH VESTING PERIOD.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE COMMISSION-
ER MAY THROUGH REGULATION SPECIFY AN ALTERNATIVE NUMBER OF VESTING PERI-
ODS, PROVIDED THAT TOTAL PAYMENTS DO NOT EXCEED THREE THOUSAND DOLLARS
PER EMPLOYEE.
(C) EMPLOYEES SHALL BE ELIGIBLE FOR BONUSES FOR NO MORE THAN TWO VEST-
ING PERIODS PER EMPLOYER, IN AN AMOUNT EQUAL TO BUT NOT GREATER THAN
THREE THOUSAND DOLLARS PER EMPLOYEE ACROSS ALL EMPLOYERS.
(D) UPON COMPLETION OF A VESTING PERIOD WITH AN EMPLOYER, AN EMPLOYEE
SHALL BE ENTITLED TO RECEIVE THE BONUS AND THE EMPLOYER SHALL BE
REQUIRED TO PAY THE BONUS NO LATER THAN THE DATE SPECIFIED UNDER THIS
SUBDIVISION, PROVIDED HOWEVER THAT PRIOR TO SUCH DATE THE EMPLOYEE DOES
NOT TERMINATE, THROUGH ACTION OR INACTION, THE EMPLOYMENT RELATIONSHIP
WITH THE EMPLOYER, IN ACCORDANCE WITH ANY EMPLOYMENT AGREEMENT, INCLUD-
ING A COLLECTIVELY BARGAINED AGREEMENT, IF ANY, BETWEEN THE EMPLOYEE AND
EMPLOYER.
(E) ANY BONUS DUE AND PAYABLE TO AN EMPLOYEE UNDER THIS SECTION SHALL
BE MADE BY THE EMPLOYER NO LATER THAN THIRTY DAYS AFTER THE BONUS IS
PAID TO THE EMPLOYER.
(F) AN EMPLOYER SHALL BE REQUIRED TO SUBMIT A CLAIM FOR A BONUS TO THE
DEPARTMENT NO LATER THAN THIRTY DAYS AFTER AN EMPLOYEE'S ELIGIBILITY FOR
A BONUS VESTS, IN ACCORDANCE WITH AND UPON ISSUANCE OF THE SCHEDULE
ISSUED BY THE COMMISSIONER OR RELEVANT AGENCY COMMISSIONER.
(G) NO PORTION OF ANY DOLLARS RECEIVED FROM CLAIMS UNDER SUBPARAGRAPH
(II) OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION FOR EMPLOYEE
BONUSES SHALL BE RETURNED TO ANY PERSON OTHER THAN THE EMPLOYEE TO WHOM
THE BONUS IS DUE OR USED TO REDUCE THE TOTAL COMPENSATION AN EMPLOYER IS
OBLIGATED TO PAY TO AN EMPLOYEE UNDER SECTION THIRTY-SIX HUNDRED FOUR-
TEEN-C OF THE PUBLIC HEALTH LAW, SECTION SIX HUNDRED FIFTY-TWO OF THE
LABOR LAW, OR ANY OTHER PROVISIONS OF LAW OR REGULATIONS, OR PURSUANT TO
ANY COLLECTIVELY BARGAINED AGREEMENT.
(H) NO PORTION OF ANY BONUS AVAILABLE PURSUANT TO THIS SUBDIVISION
SHALL BE PAYABLE TO A PERSON WHO HAS BEEN SUSPENDED OR EXCLUDED UNDER
THE MEDICAL ASSISTANCE PROGRAM DURING THE VESTING PERIOD AND AT THE TIME
AN EMPLOYER SUBMITS A CLAIM UNDER THIS SECTION.
(I) THE USE OF ANY ACCRUALS OR OTHER LEAVE, INCLUDING BUT NOT LIMITED
TO SICK, VACATION, OR TIME USED UNDER THE FAMILY MEDICAL LEAVE ACT,
SHALL BE CREDITED TOWARDS AND INCLUDED IN THE CALCULATION OF THE AVERAGE
NUMBER OF HOURS WORKED PER WEEK OVER THE COURSE OF THE VESTING PERIOD.
5. AUDITS, INVESTIGATIONS AND REVIEWS. (A) THE MEDICAID INSPECTOR
GENERAL SHALL, IN COORDINATION WITH THE COMMISSIONER, CONDUCT AUDITS,
INVESTIGATIONS AND REVIEWS OF EMPLOYERS REQUIRED TO SUBMIT CLAIMS UNDER
THIS SECTION. SUCH CLAIMS, INAPPROPRIATELY PAID, UNDER THIS SECTION
SHALL CONSTITUTE OVERPAYMENTS AS THAT TERM IS DEFINED UNDER THE REGU-
LATIONS GOVERNING THE MEDICAL ASSISTANCE PROGRAM. THE MEDICAID INSPECTOR
GENERAL MAY RECOVER SUCH OVERPAYMENTS TO EMPLOYERS AS IT WOULD AN OVER-
S. 8006--C 257 A. 9006--C
PAYMENT UNDER THE MEDICAL ASSISTANCE PROGRAM, IMPOSE SANCTIONS UP TO AND
INCLUDING EXCLUSION FROM THE MEDICAL ASSISTANCE PROGRAM, IMPOSE PENAL-
TIES, AND TAKE ANY OTHER ACTION AUTHORIZED BY LAW WHERE:
(I) AN EMPLOYER CLAIMS A BONUS NOT DUE TO AN EMPLOYEE OR A BONUS
AMOUNT IN EXCESS OF THE CORRECT BONUS AMOUNT DUE TO AN EMPLOYEE;
(II) AN EMPLOYER CLAIMS, RECEIVES AND FAILS TO PAY ANY PART OF THE
BONUS DUE TO A DESIGNATED EMPLOYEE;
(III) AN EMPLOYER FAILS TO CLAIM A BONUS DUE TO AN EMPLOYEE.
(B) ANY EMPLOYER IDENTIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION WHO
FAILS TO IDENTIFY, CLAIM AND PAY ANY BONUS FOR MORE THAN TEN PERCENT OF
ITS EMPLOYEES ELIGIBLE FOR THE BONUS SHALL ALSO BE SUBJECT TO ADDITIONAL
PENALTIES UNDER SUBDIVISION FOUR OF SECTION ONE HUNDRED FORTY-FIVE-B OF
THIS ARTICLE.
(C) ANY EMPLOYER WHO FAILS TO PAY ANY PART OF THE BONUS PAYMENT TO A
DESIGNATED EMPLOYEE SHALL REMAIN LIABLE TO PAY SUCH BONUS TO THAT
EMPLOYEE, REGARDLESS OF ANY RECOVERY, SANCTION OR PENALTY THE MEDICAID
INSPECTOR GENERAL MAY IMPOSE.
(D) IN ALL INSTANCES RECOVERY OF INAPPROPRIATE BONUS PAYMENTS SHALL BE
RECOVERED FROM THE EMPLOYER. THE EMPLOYER SHALL NOT HAVE THE RIGHT TO
RECOVER ANY INAPPROPRIATELY PAID BONUS FROM THE EMPLOYEE.
(E) WHERE THE MEDICAID INSPECTOR GENERAL SANCTIONS AN EMPLOYER FOR
VIOLATIONS UNDER THIS SECTION, THEY MAY ALSO SANCTION ANY AFFILIATES AS
DEFINED UNDER THE REGULATIONS GOVERNING THE MEDICAL ASSISTANCE PROGRAM.
6. RULES AND REGULATIONS. THE COMMISSIONER, IN CONSULTATION WITH THE
MEDICAID INSPECTOR GENERAL AS IT RELATES TO SUBDIVISION FIVE OF THIS
SECTION, MAY PROMULGATE RULES, TO IMPLEMENT THIS SECTION PURSUANT TO
EMERGENCY REGULATION; PROVIDED, HOWEVER, THAT THIS PROVISION SHALL NOT
BE CONSTRUED AS REQUIRING THE COMMISSIONER TO ISSUE REGULATIONS TO
IMPLEMENT THIS SECTION.
§ 2. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 4 of
section 145-b of the social services law, as amended by section 1 of
part QQ of chapter 56 of the laws of 2020, are amended to read as
follows:
(iv) such person arranges or contracts, by employment, agreement, or
otherwise, with an individual or entity that the person knows or should
know is suspended or excluded from the medical assistance program at the
time such arrangement or contract regarding activities related to the
medical assistance program is made[.];
(v) SUCH PERSON HAD AN OBLIGATION TO IDENTIFY, CLAIM, AND PAY A BONUS
UNDER SUBDIVISION THREE OF SECTION THREE HUNDRED SIXTY-SEVEN-W OF THIS
ARTICLE AND SUCH PERSON FAILED TO IDENTIFY, CLAIM AND PAY SUCH BONUS.
(VI) For purposes of this paragraph, "person" as used in subparagraph
(i) OF THIS PARAGRAPH does not include recipients of the medical assist-
ance program; and "person" as used in subparagraphs (ii) [--], (III) AND
(iv) OF THIS PARAGRAPH, is as defined in paragraph (e) of subdivision
[(6)] SIX of section three hundred sixty-three-d of this [chapter] ARTI-
CLE; AND "PERSON" AS USED IN SUBPARAGRAPH (V) OF THIS PARAGRAPH INCLUDES
EMPLOYERS AS DEFINED IN SECTION THREE HUNDRED SIXTY-SEVEN-W OF THIS
ARTICLE.
§ 3. Paragraph (c) of subdivision 4 of section 145-b of the social
services law is amended by adding a new subparagraph (iii) to read as
follows:
(III) FOR SUBPARAGRAPH (V) OF PARAGRAPH (A) OF THIS SUBDIVISION, A
MONETARY PENALTY SHALL BE IMPOSED FOR CONDUCT DESCRIBED IN SUBPARAGRAPHS
(I), (II) AND (III) OF PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION
THREE HUNDRED SIXTY-SEVEN-W OF THIS ARTICLE AND SHALL NOT EXCEED ONE
S. 8006--C 258 A. 9006--C
THOUSAND DOLLARS PER FAILURE TO IDENTIFY, CLAIM AND PAY A BONUS FOR EACH
EMPLOYEE.
§ 4. Health care and mental hygiene worker bonuses for state employ-
ees. 1. An employee who is employed by a state operated facility, an
institutional or direct-care setting operated by the executive branch of
the State of New York or a public hospital operated by the state univer-
sity of New York and who is deemed substantially equivalent to the defi-
nition of employee pursuant to paragraph (a) of subdivision 2 of section
367-w of the social services law as determined by the commissioner of
health, in consultation with the chancellor of the state university of
New York, the commissioner of the department of civil service, the
director of the office of employee relations, and the commissioners of
other state agencies, as applicable, and approved by the director of the
budget, shall be eligible for the health care and mental hygiene worker
bonus. Notwithstanding the definition of base salary pursuant to para-
graph (e) of subdivision 2 of section 367-w, such bonus shall only be
paid to employees that receive an annualized base salary of one hundred
twenty-five thousand dollars or less.
2. Employees shall be eligible for health care and mental hygiene
worker bonuses in an amount up to but not exceeding three thousand
dollars per employee. The payment of bonuses shall be paid based on the
total number of hours worked during two vesting periods based on the
employee's start date with the employer. No employee's first vesting
period may begin later than March thirty-first, two thousand twenty-
three, and in total both vesting periods may not exceed one year in
duration. For each vesting period, payments shall be in accordance with
the following:
(a) employees who have worked an average of at least twenty but less
than thirty hours per week over the course of a vesting period shall
receive a five hundred dollar bonus for the vesting period;
(b) employees who have worked an average of at least thirty but less
than thirty-seven and one half hours per week over the course of a vest-
ing period shall receive a one thousand dollar bonus for such vesting
period; and
(c) employees who have worked an average of at least thirty-seven and
one half hours per week over the course of a vesting period shall
receive a one thousand five hundred dollar bonus for such vesting peri-
od.
§ 5. An employee under this act shall be limited to a bonus of three
thousand dollars per employee without regard to which section or
sections such employee may be eligible or whether the employee is eligi-
ble to receive a bonus from more than one employer.
§ 6. Notwithstanding any provision of law to the contrary, any bonus
payment paid pursuant to this act, to the extent includible in gross
income for federal income tax purposes, shall not be subject to state or
local income tax.
§ 7. Bonuses under this act shall not be considered income for
purposes of public benefits or other public assistance.
§ 8. Paragraph (a) of subdivision 8 of section 131-a of the social
services law is amended by adding a new subparagraph (x) to read as
follows:
(X) ALL OF THE INCOME OF A HEAD OF HOUSEHOLD OR ANY PERSON IN THE
HOUSEHOLD, WHO IS RECEIVING SUCH AID OR FOR WHOM AN APPLICATION FOR SUCH
AID HAS BEEN MADE, WHICH IS DERIVED FROM THE HEALTH CARE AND MENTAL
HYGIENE WORKER BONUSES UNDER SECTION THREE HUNDRED SIXTY-SEVEN-W OF THIS
S. 8006--C 259 A. 9006--C
ARTICLE OR UNDER THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO
WHICH ADDED THIS SUBPARAGRAPH.
§ 9. The department of health shall request any necessary waiver or
waivers from the centers for medicare and medicaid services to ensure
that the payments required by this act shall not be included in the
calculation of federal disproportionate share payments as determined by
42 CFR § 412.106, or in the calculation of the upper payment limit as
determined by 42 CFR § 447.272 and 42 CFR § 447.321, for any applicable
employer types that receive disproportionate share payments, upper
payment limit supplemental payments, or similar supplemental payments
where the centers for medicare and medicaid services has a waiver or
similar process for the exclusion of the payments required by this act
from such calculations.
§ 10. This act shall take effect immediately.
PART AAA
Section 1. Subparagraph 4 of paragraph (b) of subdivision 1 of section
366 of the social services law, as added by section 1 of part D of chap-
ter 56 of the laws of 2013, is amended to read as follows:
(4) An individual who is a pregnant woman or is a member of a family
that contains a dependent child living with a parent or other caretaker
relative is eligible for standard coverage if [his or her] THEIR MAGI
household income does not exceed [the MAGI-equivalent of] one hundred
[thirty] THIRTY-THREE percent of the [highest amount that ordinarily
would have been paid to a person without any income or resources under
the family assistance program as it existed on the first day of Novem-
ber, nineteen hundred ninety-seven] FEDERAL POVERTY LINE FOR THE APPLI-
CABLE FAMILY SIZE, which shall be calculated in accordance with guidance
issued by the
Secretary of the United States department of health and human
services; for purposes of this subparagraph, the term dependent child
means a person who is under eighteen years of age, or is eighteen years
of age and a full-time student, who is deprived of parental support or
care by reason of the death, continued absence, or physical or mental
incapacity of a parent, or by reason of the unemployment of the parent,
as defined by the department of health.
§ 2. Paragraph (g) of subdivision 1 of section 366 of the social
services law is amended by adding a new subparagraph 4 to read as
follows:
(4) (A) APPLICANTS AND RECIPIENTS WHO ARE AGE SIXTY-FIVE OR OLDER, WHO
ARE OTHERWISE ELIGIBLE FOR MEDICAL ASSISTANCE UNDER THIS SECTION, BUT
FOR THEIR IMMIGRATION STATUS, ARE ELIGIBLE FOR MEDICAL ASSISTANCE
ACCORDING TO THE FOLLOWING:
(B) INDIVIDUALS ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO SUBPARA-
GRAPH (A) OF THIS PARAGRAPH SHALL PARTICIPATE IN AND RECEIVE COVERED
BENEFITS AVAILABLE THROUGH A MANAGED CARE PROVIDER UNDER SECTION THREE
HUNDRED SIXTY-FOUR-J OF THIS ARTICLE THAT IS CERTIFIED PURSUANT TO
SECTION FORTY-FOUR HUNDRED THREE OF THE PUBLIC HEALTH LAW; PROVIDED,
HOWEVER, TO THE EXTENT THAT ANY COVERED BENEFITS AVAILABLE THROUGH SUCH
MANAGED CARE PROVIDERS AS OF JANUARY FIRST, TWO THOUSAND TWENTY-THREE
ARE TRANSITIONED TO FEE-FOR-SERVICE COVERAGE, THEN SUCH INDIVIDUALS
SHALL CONTINUE TO BE ENTITLED TO THESE BENEFITS IN THE FEE-FOR-SERVICE
PROGRAM, RATHER THAN THROUGH A MANAGED CARE PROVIDER.
§ 3. Paragraph (a) of subdivision 2 of section 366 of the social
services law, as separately amended by chapter 32 and 588 of the laws of
S. 8006--C 260 A. 9006--C
1968, the opening paragraph as amended by chapter 41 of the laws of
1992, subparagraph 1 as amended by section 27 of part C of chapter 109
of the laws of 2006, subparagraphs 3 and 6 as amended by chapter 938 of
the laws of 1990, subparagraph 4 as amended by section 43 and subpara-
graph 7 as amended by section 47 of part C of chapter 58 of the laws of
2008, subparagraph 5 as amended by chapter 576 of the laws of 2007,
subparagraph 9 as amended by chapter 110 of the laws of 1971, subpara-
graph 10 as added by chapter 705 of the laws of 1988, clauses (i) and
(ii) of subparagraph 10 as amended by chapter 672 of the laws of 2019,
clause (iii) of subparagraph 10 as amended by chapter 170 of the laws of
1994, and subparagraph 11 as added by chapter 576 of the laws of 2015,
is amended to read as follows:
(a) The following income and resources shall be exempt and shall not
be taken into consideration in determining a person's eligibility for
medical care, services and supplies available under this title:
(1) (i) for applications for medical assistance filed on or before
December thirty-first, two thousand five, a homestead which is essential
and appropriate to the needs of the household;
(ii) for applications for medical assistance filed on or after January
first, two thousand six, a homestead which is essential and appropriate
to the needs of the household; provided, however, that in determining
eligibility of an individual for medical assistance for nursing facility
services and other long term care services, the individual shall not be
eligible for such assistance if the individual's equity interest in the
homestead exceeds seven hundred fifty thousand dollars; provided
further, that the dollar amount specified in this clause shall be
increased, beginning with the year two thousand eleven, from year to
year, in an amount to be determined by the secretary of the federal
department of health and human services, based on the percentage
increase in the consumer price index for all urban consumers, rounded to
the nearest one thousand dollars. If such secretary does not determine
such an amount, the department of health shall increase such dollar
amount based on such increase in the consumer price index. Nothing in
this clause shall be construed as preventing an individual from using a
reverse mortgage or home equity loan to reduce the individual's total
equity interest in the homestead. The home equity limitation established
by this clause shall be waived in the case of a demonstrated hardship,
as determined pursuant to criteria established by such secretary. The
home equity limitation shall not apply if one or more of the following
persons is lawfully residing in the individual's homestead: (A) the
spouse of the individual; or (B) the individual's child who is under the
age of twenty-one, or is blind or permanently and totally disabled, as
defined in section 1614 of the federal social security act.
(2) essential personal property;
(3) a burial fund, to the extent allowed as an exempt resource under
the cash assistance program to which the applicant is most closely
related;
(4) savings in amounts equal to one hundred fifty percent of the
income amount permitted under subparagraph seven of this paragraph,
provided, however, that the amounts for one and two person households
shall not be less than the amounts permitted to be retained by house-
holds of the same size in order to qualify for benefits under the feder-
al supplemental security income program;
(5) (i) such income as is disregarded or exempt under the cash assist-
ance program to which the applicant is most closely related for purposes
of this subparagraph, cash assistance program means either the aid to
S. 8006--C 261 A. 9006--C
dependent children program as it existed on the sixteenth day of July,
nineteen hundred ninety-six, or the supplemental security income
program; and
(ii) such income of a disabled person (as such term is defined in
section 1614(a)(3) of the federal social security act (42 U.S.C. section
1382c(a)(3)) or in accordance with any other rules or regulations estab-
lished by the social security administration), that is deposited in
trusts as defined in clause (iii) of subparagraph two of paragraph (b)
of this subdivision in the same calendar month within which said income
is received;
(6) health insurance premiums;
(7) income based on the number of family members in the medical
assistance household, as defined in regulations by the commissioner
consistent with federal regulations under title XIX of the federal
social security act [and calculated as follows:
(i) The amounts for one and two person households and families shall
be equal to twelve times the standard of monthly need for determining
eligibility for and the amount of additional state payments for aged,
blind and disabled persons pursuant to section two hundred nine of this
article rounded up to the next highest one hundred dollars for eligible
individuals and couples living alone, respectively.
(ii) The amounts for households of three or more shall be calculated
by increasing the income standard for a household of two, established
pursuant to clause (i) of this subparagraph, by fifteen percent for each
additional household member above two, such that the income standard for
a three-person household shall be one hundred fifteen percent of the
income standard for a two-person household, the income standard for a
four-person household shall be one hundred thirty percent of the income
standard for a two-person household, and so on.
(iii)] THAT DOES NOT EXCEED ONE HUNDRED THIRTY-EIGHT PERCENT OF THE
FEDERAL POVERTY LINE FOR THE APPLICABLE FAMILY SIZE, WHICH SHALL BE
CALCULATED IN ACCORDANCE WITH GUIDANCE ISSUED BY THE UNITED STATES
SECRETARY FOR HEALTH AND HUMAN SERVICES AND WITH OTHER APPLICABLE
PROVISIONS OF THIS SECTION;
(8) No other income or resources, including federal old-age, survivors
and disability insurance, state disability insurance or other payroll
deductions, whether mandatory or optional, shall be exempt and all other
income and resources shall be taken into consideration and required to
be applied toward the payment or partial payment of the cost of medical
care and services available under this title, to the extent permitted by
federal law.
(9) Subject to subparagraph eight, the department, upon the applica-
tion of a local social services district, after passage of a resolution
by the local legislative body authorizing such application, may adjust
the income exemption based upon the variations between cost of shelter
in urban areas and rural areas in accordance with standards prescribed
by the United States secretary of health, education and welfare.
(10) (i) A person who is receiving or is eligible to receive federal
supplemental security income payments and/or additional state payments
is entitled to a personal needs allowance as follows:
(A) for the personal expenses of a resident of a residential health
care facility, as defined by section twenty-eight hundred one of the
public health law, the amount of fifty-five dollars per month;
(B) for the personal expenses of a resident of an intermediate care
facility operated or licensed by the office for people with develop-
mental disabilities or a patient of a hospital operated by the office of
S. 8006--C 262 A. 9006--C
mental health, as defined by subdivision ten of section 1.03 of the
mental hygiene law, the amount of thirty-five dollars per month.
(ii) A person who neither receives nor is eligible to receive federal
supplemental security income payments and/or additional state payments
is entitled to a personal needs allowance as follows:
(A) for the personal expenses of a resident of a residential health
care facility, as defined by section twenty-eight hundred one of the
public health law, the amount of fifty dollars per month;
(B) for the personal expenses of a resident of an intermediate care
facility operated or licensed by the office for people with develop-
mental disabilities or a patient of a hospital operated by the office of
mental health, as defined by subdivision ten of section 1.03 of the
mental hygiene law, the amount of thirty-five dollars per month.
(iii) Notwithstanding the provisions of clauses (i) and (ii) of this
subparagraph, the personal needs allowance for a person who is a veteran
having neither a spouse nor a child, or a surviving spouse of a veteran
having no child, who receives a reduced pension from the federal veter-
ans administration, and who is a resident of a nursing facility, as
defined in section 1919 of the federal social security act, shall be
equal to such reduced monthly pension but shall not exceed ninety
dollars per month.
(11) subject to the availability of federal financial participation,
any amount, including earnings thereon, in a qualified NY ABLE account
as established pursuant to article eighty-four of the mental hygiene
law, any contributions to such NY ABLE account, and any distribution for
qualified disability expenses from such account; provided however, that
such exemption shall be consistent with section 529A of the Internal
Revenue Code of 1986, as amended.
§ 4. Subdivision 3 of section 367-a of the social services law, as
amended by chapter 558 of the laws of 1989, paragraph (a) as amended by
chapter 81 of the laws of 1995, subparagraph 1 of paragraph (b) as
designated and subparagraph 2 as added by section 41 of part C of chap-
ter 58 of the laws of 2008, paragraph (c) as added by chapter 651 of the
laws of 1990, paragraph (d) as amended by section 27 of part B of chap-
ter 109 of the laws of 2010, paragraph (e) as added by section 16 of
part D of chapter 56 of the laws of 2013, subparagraph 2 of paragraph
(e) as amended by section 52 of part C of chapter 60 of the laws of
2014, is amended to read as follows:
3. (a) AS USED IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(1) "QUALIFIED MEDICARE BENEFICIARY" MEANS A PERSON WHO IS ENTITLED TO
HOSPITAL INSURANCE BENEFITS UNDER PART A OF TITLE XVIII OF THE FEDERAL
SOCIAL SECURITY ACT, WHOSE INCOME DOES NOT EXCEED ONE HUNDRED THIRTY-
EIGHT PERCENT OF THE OFFICIAL FEDERAL POVERTY LINE APPLICABLE TO THE
PERSON'S FAMILY SIZE AND WHOSE RESOURCES DO NOT EXCEED TWICE THE MAXIMUM
AMOUNT OF RESOURCES A PERSON MAY HAVE IN ORDER TO QUALIFY FOR BENEFITS
UNDER THE FEDERAL SUPPLEMENTAL SECURITY INCOME PROGRAM OF TITLE XVI OF
THE FEDERAL SOCIAL SECURITY ACT, AS DETERMINED FOR PURPOSES OF SUCH
PROGRAM. TO THE EXTENT THAT FEDERAL FINANCIAL PARTICIPATION IS AVAIL-
ABLE, A PERSON WHOSE RESOURCES ARE IN EXCESS OF THE AMOUNT SPECIFIED IN
THIS SUBPARAGRAPH BUT OTHERWISE MEETS THE REQUIREMENTS SHALL BE CONSID-
ERED A "QUALIFIED MEDICARE BENEFICIARY".
(2) "QUALIFIED INDIVIDUAL" MEANS A PERSON WHO IS ENTITLED TO HOSPITAL
INSURANCE BENEFITS UNDER PART A OF TITLE XVIII OF THE FEDERAL SOCIAL
SECURITY ACT AND WHOSE INCOME IS GREATER THAN ONE HUNDRED THIRTY-EIGHT
PERCENT, BUT LESS THAN OR EQUAL TO ONE HUNDRED EIGHTY-SIX PERCENT, OF
S. 8006--C 263 A. 9006--C
THE FEDERAL POVERTY LINE, FOR THE APPLICABLE FAMILY SIZE, AND WHO IS NOT
OTHERWISE ELIGIBLE FOR MEDICAL ASSISTANCE UNDER THIS ARTICLE; REFERRED
TO AS A QUALIFIED INDIVIDUAL.
(3) "QUALIFIED DISABLED AND WORKING INDIVIDUAL" MEANS AN INDIVIDUAL
WHO IS NOT OTHERWISE ELIGIBLE FOR MEDICAL ASSISTANCE AND:
(I) WHO IS ENTITLED TO ENROLL FOR HOSPITAL INSURANCE BENEFITS UNDER
SECTION 1818A OF PART A OF TITLE XVIII OF THE FEDERAL SOCIAL SECURITY
ACT;
(II) WHOSE INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE OFFICIAL
FEDERAL POVERTY LINE APPLICABLE TO THE PERSON'S FAMILY SIZE; AND
(III) WHOSE RESOURCES DO NOT EXCEED TWICE THE MAXIMUM AMOUNT OF
RESOURCES THAT AN INDIVIDUAL OR A COUPLE, IN THE CASE OF A MARRIED INDI-
VIDUAL, MAY HAVE AND OBTAIN FEDERAL SUPPLEMENTAL SECURITY INCOME BENE-
FITS UNDER TITLE XVI OF THE FEDERAL SOCIAL SECURITY ACT, AS DETERMINED
FOR PURPOSES OF THAT PROGRAM.
FOR PURPOSES OF THIS SUBPARAGRAPH, INCOME AND RESOURCES ARE DETERMINED
BY THE SAME METHODOLOGY AS IS USED FOR DETERMINING ELIGIBILITY UNDER THE
FEDERAL SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER TITLE XVI OF THE
FEDERAL SOCIAL SECURITY ACT.
(B) Payment of premiums for enrolling qualified disabled and working
individuals and qualified medicare beneficiaries under Part A of title
XVIII of the federal social security act and for enrolling such benefi-
ciaries and eligible recipients of public assistance under part B of
title XVIII of the federal social security act, together with the costs
of the applicable co-insurance and deductible amounts on behalf of such
beneficiaries, and recipients, and premiums under section 1839 of the
federal social security act [for persons who would be qualified medicare
beneficiaries except that their incomes exceed one hundred percent of
the federal income poverty line applicable to the person's family size
but, in calendar years nineteen hundred ninety-three and nineteen
hundred ninety-four, is less than one hundred ten percent of such pover-
ty line and, in calendar year beginning in nineteen hundred ninety-five,
is less than one hundred twenty percent of such poverty line] shall be
made and the cost thereof borne by the state or by the state and social
services districts, respectively, in accordance with the regulations of
the department, provided, however, that the share of the cost to be
borne by a social services district, if any, shall in no event exceed
the proportionate share borne by such district with respect to other
expenditures under this title. Moreover, if the director of the budget
approves, payment of premiums for enrolling persons who have been deter-
mined to be eligible for medical assistance only may be made and the
cost thereof borne or shared pursuant to this subdivision.
[(b) (1) For purposes of this subdivision, "qualified medicare benefi-
ciaries" are those persons who are entitled to hospital insurance bene-
fits under part A of title XVIII of the federal social security act,
whose income does not exceed one hundred percent of the official federal
poverty line applicable to the person's family size and whose resources
do not exceed twice the maximum amount of resources a person may have in
order to qualify for benefits under the federal supplemental security
income program of title XVI of the federal social security act, as
determined for purposes of such program.
(2) Notwithstanding any provision of subparagraph one of this para-
graph to the contrary, to the extent that federal financial partic-
ipation is available, a person whose resources are in excess of the
amount specified but otherwise meets the requirements of subparagraph
one of this paragraph shall be considered a "qualified medicare benefi-
S. 8006--C 264 A. 9006--C
ciary" for the purposes of this subdivision. The commissioner is author-
ized to submit amendments to the state plan for medical assistance
and/or submit one or more applications for waivers of the federal social
security act, to obtain the federal approvals necessary to implement
this subparagraph.
(c) (1) For purposes of this subdivision, "qualified disabled and
working individuals" are individuals who are not otherwise eligible for
medical assistance and:
(i) who are entitled to enroll for hospital insurance benefits under
section 1818A of part A of title XVIII of the federal social security
act;
(ii) whose income does not exceed two hundred percent of the official
federal poverty line applicable to the person's family size; and
(iii) whose resources do not exceed twice the maximum amount of
resources that an individual or a couple, in the case of a married indi-
vidual, may have and obtain federal supplemental security income bene-
fits under title XVI of the federal social security act, as determined
for purposes of that program.
(2) For purposes of this paragraph, income and resources are deter-
mined by the same methodology as is used for determining eligibility
under the federal supplemental security income benefits under title XVI
of the federal social security act.
(d)] (C) (1) Beginning April first, two thousand two and to the extent
that federal financial participation is available at a one hundred
percent federal Medical assistance percentage and subject to sections
1933 and 1902(a)(10)(E)(iv) of the federal social security act, medical
assistance shall be available for full payment of medicare part B premi-
ums for QUALIFIED individuals [(referred to as qualified individuals 1)
who are entitled to hospital insurance benefits under part A of title
XVIII of the federal social security act and whose income exceeds the
income level established by the state and is at least one hundred twenty
percent, but less than one hundred thirty-five percent, of the federal
poverty level, for a family of the size involved and who are not other-
wise eligible for medical assistance under the state plan;].
(2) Premium payments for the individuals described in subparagraph one
of this paragraph will be one hundred percent federally funded up to the
amount of the federal allotment. The department shall discontinue
enrollment into the program when the part B premium payments made pursu-
ant to subparagraph one of this paragraph meet the yearly federal allot-
ment.
(3) The commissioner of health shall develop a simplified application
form, consistent with federal law, for payments pursuant to this
section. The commissioner of health, in cooperation with the office for
the aging, shall publicize the availability of such payments to medicare
beneficiaries.
[(e)] (D) (1) Payment of premiums for enrolling individuals in quali-
fied health plans offered through a health insurance exchange estab-
lished pursuant to the federal Patient Protection and Affordable Care
Act (P.L. 111-148), as amended by the federal Health Care and Education
Reconciliation Act of 2010 (P.L. 111-152), shall be available to indi-
viduals who:
(i) immediately prior to being enrolled in the qualified health plan,
were or would have been eligible under the family health plus program as
a parent or stepparent of a child under the age of twenty-one, and whose
MAGI household income, as defined in subparagraph eight of paragraph (a)
of subdivision one of section three hundred sixty-six of this title,
S. 8006--C 265 A. 9006--C
exceeds one hundred thirty-three percent of the federal poverty line for
the applicable family size;
(ii) are not otherwise eligible for medical assistance under this
title; and
(iii) are enrolled in a standard health plan in the silver level, as
defined in 42 U.S.C. 18022.
(2) Payment pursuant to this paragraph shall be for premium obli-
gations of the individual under the qualified health plan and shall
continue only if and for so long as the individual's MAGI household
income exceeds one hundred thirty-three percent, but does not exceed one
hundred fifty percent, of the federal poverty line for the applicable
family size, or, if earlier, until the individual is eligible for
enrollment in a standard health plan pursuant to section three hundred
sixty-nine-gg of this article.
(3) The commissioner of health shall submit amendments to the state
plan for medical assistance and/or submit one or more applications for
waivers of the federal social security act as may be necessary to
receive federal financial participation in the costs of payments made
pursuant to this paragraph; provided further, however, that nothing in
this subparagraph shall be deemed to affect payments for premiums pursu-
ant to this paragraph if federal financial participation in the costs of
such payments is not available.
§ 5. This act shall take effect January 1, 2023, subject to federal
financial participation for sections one, three, and four of this act;
provided, however that the commissioner of health shall notify the
legislative bill drafting commission upon the occurrence of federal
financial participation in order that the commission may maintain 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.
PART BBB
Section 1. Section 268-c of the public health law is amended by adding
a new subdivision 25 to read as follows:
25. THE COMMISSIONER IS AUTHORIZED TO SUBMIT THE APPROPRIATE WAIVER
APPLICATIONS TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES
AND/OR THE DEPARTMENT OF THE TREASURY TO WAIVE ANY APPLICABLE PROVISIONS
OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT, PUB. L. 111-148 AS
AMENDED, OR SUCCESSOR PROVISIONS, AS PROVIDED FOR BY 42 U.S.C. 18052,
AND ANY OTHER WAIVERS NECESSARY TO ACHIEVE THE PURPOSES OF HIGH QUALITY,
AFFORDABLE COVERAGE THROUGH NY STATE OF HEALTH, THE OFFICIAL HEALTH PLAN
MARKETPLACE. THE COMMISSIONER SHALL IMPLEMENT THE STATE PLANS OF ANY
SUCH WAIVER IN A MANNER CONSISTENT WITH APPLICABLE STATE AND FEDERAL
LAWS, AS AUTHORIZED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES AND/OR
THE SECRETARY OF THE TREASURY PURSUANT TO 42 U.S.C. 18052. COPIES OF
SUCH ORIGINAL WAIVER APPLICATIONS AND AMENDMENTS THERETO SHALL BE
PROVIDED TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
ASSEMBLY WAYS AND MEANS COMMITTEE AND THE CHAIRS OF THE SENATE AND
ASSEMBLY HEALTH COMMITTEES SIMULTANEOUSLY WITH THEIR SUBMISSION TO THE
FEDERAL GOVERNMENT.
§ 2. Paragraph (d) of subdivision 3 of section 369-gg of the social
services law, as amended by section 2 of part H of chapter 57 of the
laws of 2021, is amended to read as follows:
S. 8006--C 266 A. 9006--C
(d) (i) EXCEPT AS PROVIDED BY SUBPARAGRAPH (II) OF THIS PARAGRAPH, has
household income at or below two hundred percent of the federal poverty
line defined and annually revised by the United States department of
health and human services for a household of the same size; and [(ii)]
has household income that exceeds one hundred thirty-three percent of
the federal poverty line defined and annually revised by the United
States department of health and human services for a household of the
same size; however, MAGI eligible aliens lawfully present in the United
States with household incomes at or below one hundred thirty-three
percent of the federal poverty line shall be eligible to receive cover-
age for health care services pursuant to the provisions of this title if
such alien would be ineligible for medical assistance under title eleven
of this article due to [his or her] THEIR immigration status[.];
(II) SUBJECT TO FEDERAL APPROVAL AND THE USE OF STATE FUNDS, UNLESS
THE COMMISSIONER MAY USE FUNDS UNDER SUBDIVISION SEVEN OF THIS SECTION,
HAS HOUSEHOLD INCOME AT OR BELOW TWO HUNDRED FIFTY PERCENT OF THE FEDER-
AL POVERTY LINE DEFINED AND ANNUALLY REVISED BY THE UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF THE SAME
SIZE; AND HAS HOUSEHOLD INCOME THAT EXCEEDS ONE HUNDRED THIRTY-THREE
PERCENT OF THE FEDERAL POVERTY LINE DEFINED AND ANNUALLY REVISED BY THE
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF
THE SAME SIZE; HOWEVER, MAGI ELIGIBLE ALIENS LAWFULLY PRESENT IN THE
UNITED STATES WITH HOUSEHOLD INCOMES AT OR BELOW ONE HUNDRED THIRTY-
THREE PERCENT OF THE FEDERAL POVERTY LINE SHALL BE ELIGIBLE TO RECEIVE
COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THE PROVISIONS OF THIS
TITLE IF SUCH ALIEN WOULD BE INELIGIBLE FOR MEDICAL ASSISTANCE UNDER
TITLE ELEVEN OF THIS ARTICLE DUE TO THEIR IMMIGRATION STATUS;
(III) SUBJECT TO FEDERAL APPROVAL IF REQUIRED AND THE USE OF STATE
FUNDS, UNLESS THE COMMISSIONER MAY USE FUNDS UNDER SUBDIVISION SEVEN OF
THIS SECTION, A PREGNANT INDIVIDUAL WHO IS ELIGIBLE FOR AND RECEIVING
COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS TITLE IS ELIGIBLE TO
CONTINUE TO RECEIVE HEALTH CARE SERVICES PURSUANT TO THIS TITLE DURING
THE PREGNANCY AND FOR A PERIOD OF ONE YEAR FOLLOWING THE END OF THE
PREGNANCY WITHOUT REGARD TO ANY CHANGE IN THE INCOME OF THE HOUSEHOLD
THAT INCLUDES THE PREGNANT INDIVIDUAL, EVEN IF SUCH CHANGE WOULD RENDER
THE PREGNANT INDIVIDUAL INELIGIBLE TO RECEIVE HEALTH CARE SERVICES
PURSUANT TO THIS TITLE;
(IV) SUBJECT TO FEDERAL APPROVAL, A CHILD BORN TO AN INDIVIDUAL ELIGI-
BLE FOR AND RECEIVING COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS
TITLE WHO WOULD BE ELIGIBLE FOR COVERAGE PURSUANT TO SUBPARAGRAPHS (2)
OR (4) OF PARAGRAPH (B) OF SUBDIVISION 1 OF SECTION THREE HUNDRED AND
SIXTY-SIX OF THE SOCIAL SERVICES LAW SHALL BE DEEMED TO HAVE APPLIED FOR
MEDICAL ASSISTANCE AND TO HAVE BEEN FOUND ELIGIBLE FOR SUCH ASSISTANCE
ON THE DATE OF SUCH BIRTH AND TO REMAIN ELIGIBLE FOR SUCH ASSISTANCE FOR
A PERIOD OF ONE YEAR.
An applicant who fails to make an applicable premium payment, if any,
shall lose eligibility to receive coverage for health care services in
accordance with time frames and procedures determined by the commission-
er.
§ 3. Paragraph (d) of subdivision 3 of section 369-gg of the social
services law, as added by section 51 of part C of chapter 60 of the laws
of 2014, is amended to read as follows:
(d) (i) EXCEPT AS PROVIDED BY SUBPARAGRAPH (II) OF THIS PARAGRAPH, has
household income at or below two hundred percent of the federal poverty
line defined and annually revised by the United States department of
health and human services for a household of the same size; and [(ii)]
S. 8006--C 267 A. 9006--C
has household income that exceeds one hundred thirty-three percent of
the federal poverty line defined and annually revised by the United
States department of health and human services for a household of the
same size; however, MAGI eligible aliens lawfully present in the United
States with household incomes at or below one hundred thirty-three
percent of the federal poverty line shall be eligible to receive cover-
age for health care services pursuant to the provisions of this title if
such alien would be ineligible for medical assistance under title eleven
of this article due to [his or her] THEIR immigration status[.];
(II) SUBJECT TO FEDERAL APPROVAL AND THE USE OF STATE FUNDS, UNLESS
THE COMMISSIONER MAY USE FUNDS UNDER SUBDIVISION SEVEN OF THIS SECTION,
HAS HOUSEHOLD INCOME AT OR BELOW TWO HUNDRED FIFTY PERCENT OF THE FEDER-
AL POVERTY LINE DEFINED AND ANNUALLY REVISED BY THE UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF THE SAME
SIZE; AND HAS HOUSEHOLD INCOME THAT EXCEEDS ONE HUNDRED THIRTY-THREE
PERCENT OF THE FEDERAL POVERTY LINE DEFINED AND ANNUALLY REVISED BY THE
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF
THE SAME SIZE; HOWEVER, MAGI ELIGIBLE ALIENS LAWFULLY PRESENT IN THE
UNITED STATES WITH HOUSEHOLD INCOMES AT OR BELOW ONE HUNDRED THIRTY-
THREE PERCENT OF THE FEDERAL POVERTY LINE SHALL BE ELIGIBLE TO RECEIVE
COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THE PROVISIONS OF THIS
TITLE IF SUCH ALIEN WOULD BE INELIGIBLE FOR MEDICAL ASSISTANCE UNDER
TITLE ELEVEN OF THIS ARTICLE DUE TO THEIR IMMIGRATION STATUS;
(III) SUBJECT TO FEDERAL APPROVAL IF REQUIRED AND THE USE OF STATE
FUNDS, UNLESS THE COMMISSIONER MAY USE FUNDS UNDER SUBDIVISION SEVEN OF
THIS SECTION, A PREGNANT INDIVIDUAL WHO IS ELIGIBLE FOR AND RECEIVING
COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS TITLE IS ELIGIBLE TO
CONTINUE TO RECEIVE HEALTH CARE SERVICES PURSUANT TO THIS TITLE DURING
THE PREGNANCY AND FOR A PERIOD OF ONE YEAR FOLLOWING THE END OF THE
PREGNANCY WITHOUT REGARD TO ANY CHANGE IN THE INCOME OF THE HOUSEHOLD
THAT INCLUDES THE PREGNANT INDIVIDUAL, EVEN IF SUCH CHANGE WOULD RENDER
THE PREGNANT INDIVIDUAL INELIGIBLE TO RECEIVE HEALTH CARE SERVICES
PURSUANT TO THIS TITLE;
(IV) SUBJECT TO FEDERAL APPROVAL, A CHILD BORN TO AN INDIVIDUAL ELIGI-
BLE FOR AND RECEIVING COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS
TITLE WHO WOULD BE ELIGIBLE FOR COVERAGE PURSUANT TO SUBPARAGRAPHS (2)
OR (4) OF PARAGRAPH (B) OF SUBDIVISION 1 OF SECTION THREE HUNDRED AND
SIXTY-SIX OF THE SOCIAL SERVICES LAW SHALL BE DEEMED TO HAVE APPLIED FOR
MEDICAL ASSISTANCE AND TO HAVE BEEN FOUND ELIGIBLE FOR SUCH ASSISTANCE
ON THE DATE OF SUCH BIRTH AND TO REMAIN ELIGIBLE FOR SUCH ASSISTANCE FOR
A PERIOD OF ONE YEAR.
An applicant who fails to make an applicable premium payment shall
lose eligibility to receive coverage for health care services in accord-
ance with time frames and procedures determined by the commissioner.
§ 4. Paragraph (c) of subdivision 1 of section 369-gg of the social
services law, as amended by section 2 of part H of chapter 57 of the
laws of 2021, is amended to read as follows:
(c) "Health care services" means (i) the services and supplies as
defined by the commissioner in consultation with the superintendent of
financial services, and shall be consistent with and subject to the
essential health benefits as defined by the commissioner in accordance
with the provisions of the patient protection and affordable care act
(P.L. 111-148) and consistent with the benefits provided by the refer-
ence plan selected by the commissioner for the purposes of defining such
benefits, [and] (ii) dental and vision services as defined by the
commissioner, AND (III) AS DEFINED BY THE COMMISSIONER AND SUBJECT TO
S. 8006--C 268 A. 9006--C
FEDERAL APPROVAL, CERTAIN SERVICES AND SUPPORTS PROVIDED TO ENROLLEES
ELIGIBLE PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH (G) OF SUBDIVISION
ONE OF SECTION THREE HUNDRED SIXTY-SIX OF THIS ARTICLE WHO HAVE FUNC-
TIONAL LIMITATIONS AND/OR CHRONIC ILLNESSES THAT HAVE THE PRIMARY
PURPOSE OF SUPPORTING THE ABILITY OF THE ENROLLEE TO LIVE OR WORK IN THE
SETTING OF THEIR CHOICE, WHICH MAY INCLUDE THE INDIVIDUAL'S HOME, A
WORKSITE, OR A PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING;
§ 5. Paragraph (c) of subdivision 1 of section 369-gg of the social
services law, as added by section 51 of part C of chapter 60 of the laws
of 2014, is amended to read as follows:
(c) "Health care services" means (I) the services and supplies as
defined by the commissioner in consultation with the superintendent of
financial services, and shall be consistent with and subject to the
essential health benefits as defined by the commissioner in accordance
with the provisions of the patient protection and affordable care act
(P.L. 111-148) and consistent with the benefits provided by the refer-
ence plan selected by the commissioner for the purposes of defining such
benefits, AND (II) AS DEFINED BY THE COMMISSIONER AND SUBJECT TO FEDERAL
APPROVAL, CERTAIN SERVICES AND SUPPORTS PROVIDED TO ENROLLEES ELIGIBLE
PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH (G) OF SUBDIVISION ONE OF
SECTION THREE HUNDRED SIXTY-SIX OF THIS ARTICLE WHO HAVE FUNCTIONAL
LIMITATIONS AND/OR CHRONIC ILLNESSES THAT HAVE THE PRIMARY PURPOSE OF
SUPPORTING THE ABILITY OF THE ENROLLEE TO LIVE OR WORK IN THE SETTING OF
THEIR CHOICE, WHICH MAY INCLUDE THE INDIVIDUAL'S HOME, A WORKSITE, OR A
PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING;
§ 6. Paragraph (c) of subdivision 1 of section 369-gg of the social
services law, as amended by section 2 of part H of chapter 57 of the
laws of 2021, is amended to read as follows:
(c) "Health care services" means (i) the services and supplies as
defined by the commissioner in consultation with the superintendent of
financial services, and shall be consistent with and subject to the
essential health benefits as defined by the commissioner in accordance
with the provisions of the patient protection and affordable care act
(P.L. 111-148) and consistent with the benefits provided by the refer-
ence plan selected by the commissioner for the purposes of defining such
benefits, [and] (ii) dental and vision services as defined by the
commissioner, AND (III) AS DEFINED BY THE COMMISSIONER AND SUBJECT TO
FEDERAL APPROVAL, CERTAIN SERVICES AND SUPPORTS PROVIDED TO ENROLLEES
WHO HAVE FUNCTIONAL LIMITATIONS AND/OR CHRONIC ILLNESSES THAT HAVE THE
PRIMARY PURPOSE OF SUPPORTING THE ABILITY OF THE ENROLLEE TO LIVE OR
WORK IN THE SETTING OF THEIR CHOICE, WHICH MAY INCLUDE THE INDIVIDUAL'S
HOME, A WORKSITE, OR A PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING;
§ 7. Paragraph (c) of subdivision 1 of section 369-gg of the social
services law, as added by section 51 of part C of chapter 60 of the laws
of 2014, is amended to read as follows:
(c) "Health care services" means (I) the services and supplies as
defined by the commissioner in consultation with the superintendent of
financial services, and shall be consistent with and subject to the
essential health benefits as defined by the commissioner in accordance
with the provisions of the patient protection and affordable care act
(P.L. 111-148) and consistent with the benefits provided by the refer-
ence plan selected by the commissioner for the purposes of defining such
benefits, AND (II) AS DEFINED BY THE COMMISSIONER AND SUBJECT TO FEDERAL
APPROVAL, CERTAIN SERVICES AND SUPPORTS PROVIDED TO ENROLLEES WHO HAVE
FUNCTIONAL LIMITATIONS AND/OR CHRONIC ILLNESSES THAT HAVE THE PRIMARY
PURPOSE OF SUPPORTING THE ABILITY OF THE ENROLLEE TO LIVE OR WORK IN THE
S. 8006--C 269 A. 9006--C
SETTING OF THEIR CHOICE, WHICH MAY INCLUDE THE INDIVIDUAL'S HOME, A
WORKSITE, OR A PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING;
§ 7-a. Paragraph (b) of subdivision 5 of section 369-gg of the social
services law, as amended by section 2 of part H of chapter 57 of the
laws of 2021, is amended to read as follows:
(b) The commissioner shall establish cost sharing obligations for
enrollees, subject to federal approval. There shall be no cost-sharing
obligations for enrollees for dental and vision services as defined in
subparagraph (ii) of paragraph (c) of subdivision one of this section;
SERVICES AND SUPPORTS AS DEFINED IN SUBPARAGRAPH (III) OF PARAGRAPH (C)
OF SUBDIVISION ONE OF THIS SECTION; AND HEALTH CARE SERVICES AUTHORIZED
UNDER SUBPARAGRAPHS (III) AND (IV) OF PARAGRAPH (D) OF SUBDIVISION THREE
OF THIS SECTION.
§ 7-b. Paragraph (b) of subdivision 5 of section 369-gg of the social
services law, as added by section 51 of part C of chapter 60 of the laws
of 2014, is amended to read as follows:
(b) The commissioner shall establish cost sharing obligations for
enrollees, subject to federal approval. THERE SHALL BE NO COST-SHARING
OBLIGATIONS FOR SERVICES AND SUPPORTS AS DEFINED IN SUBPARAGRAPH (III)
OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION; AND HEALTH CARE
SERVICES AUTHORIZED UNDER SUBPARAGRAPHS (III) AND (IV) OF PARAGRAPH (D)
OF SUBDIVISION THREE OF THIS SECTION.
§ 8. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2022, provided
however:
(a) the amendments to paragraph (d) of subdivision 3 of section 369-gg
of the social services law made by section two of this act shall be
subject to the expiration and reversion of such paragraph pursuant to
section 3 of part H of chapter 57 of the laws of 2021 as amended, when
upon such date the provisions of section three of this act shall take
effect;
(b) section four of this act shall expire and be deemed repealed
December 31, 2024; provided, however, the amendments to paragraph (c) of
subdivision 1 of section 369-gg of the social services law made by such
section of this act shall be subject to the expiration and reversion of
such paragraph pursuant to section 2 of part H of chapter 57 of the laws
of 2021 when upon such date, the provisions of section five of this act
shall take effect; provided, however, the amendments to such paragraph
made by section five of this act shall expire and be deemed repealed
December 31, 2024;
(c) section six of this act shall take effect January 1, 2025;
provided, however, the amendments to paragraph (c) of subdivision 1 of
section 369-gg of the social services law made by such section of this
act shall be subject to the expiration and reversion of such paragraph
pursuant to section 2 of part H of chapter 57 of the laws of 2021 when
upon such date, the provisions of section seven of this act shall take
effect; and
(d) the amendments to paragraph (b) of subdivision 5 of section 369-gg
of the social services law made by section seven-a of this act shall be
subject to the expiration and reversion of such paragraph pursuant to
section 3 of part H of chapter 57 of the laws of 2021 as amended, when
upon such date the provisions of section seven-b of this act shall take
effect.
PART CCC
S. 8006--C 270 A. 9006--C
Section 1. Subdivision 2 of section 365-a of the social services law
is amended by adding a new paragraph (jj) to read as follows:
(JJ) PRE-NATAL AND POST-PARTUM CARE AND SERVICES FOR THE PURPOSE OF
IMPROVING MATERNAL HEALTH OUTCOMES AND REDUCTION OF MATERNAL MORTALITY
WHEN SUCH SERVICES ARE RECOMMENDED BY A PHYSICIAN OR OTHER HEALTH CARE
PRACTITIONER AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION LAW, AND
PROVIDED BY QUALIFIED PRACTITIONERS. SUCH SERVICES SHALL INCLUDE BUT
NOT BE LIMITED TO NUTRITION SERVICES PROVIDED BY CERTIFIED DIETITIANS
AND CERTIFIED NUTRITIONISTS; CARE COORDINATION, CASE MANAGEMENT, AND
PEER SUPPORT; PATIENT NAVIGATION SERVICES; SERVICES BY LICENSED CLINICAL
SOCIAL WORKERS; DYADIC SERVICES; BLUETOOTH-ENABLED DEVICES FOR REMOTE
PATIENT MONITORING; AND OTHER SERVICES DETERMINED BY THE COMMISSIONER OF
HEALTH; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL
NOT TAKE EFFECT UNLESS THERE IS FEDERAL FINANCIAL PARTICIPATION. NOTH-
ING IN THIS PARAGRAPH SHALL BE CONSTRUED TO MODIFY ANY LICENSURE,
CERTIFICATION OR SCOPE OF PRACTICE PROVISION UNDER TITLE EIGHT OF THE
EDUCATION LAW.
§ 2. Subparagraph 3 of paragraph (d) of subdivision 1 of section 366
of the social services law, as added by section 1 of part D of chapter
56 of the laws of 2013, is amended to read as follows:
(3) cooperates with the appropriate social services official or the
department in establishing paternity or in establishing, modifying, or
enforcing a support order with respect to his or her child; provided,
however, that nothing herein contained shall be construed to require a
payment under this title for care or services, the cost of which may be
met in whole or in part by a third party; notwithstanding the foregoing,
a social services official shall not require such cooperation if the
social services official or the department determines that such actions
would be detrimental to the best interest of the child, applicant, or
recipient, or with respect to pregnant women during pregnancy and during
the [sixty-day] ONE YEAR period beginning on the last day of pregnancy,
in accordance with procedures and criteria established by regulations of
the department consistent with federal law; and
§ 3. Subparagraph 1 of paragraph (b) of subdivision 4 of section 366
of the social services law, as added by section 2 of part D of chapter
56 of the laws of 2013, is amended to read as follows:
(1) A pregnant woman eligible for medical assistance under subpara-
graph two or four of paragraph (b) of subdivision one of this section on
any day of her pregnancy will continue to be eligible for such care and
services [through the end of the month in which the sixtieth day follow-
ing the end of the pregnancy occurs,] FOR A PERIOD OF ONE YEAR BEGINNING
ON THE LAST DAY OF PREGNANCY, without regard to any change in the income
of the family that includes the pregnant woman, even if such change
otherwise would have rendered her ineligible for medical assistance.
§ 4. Section 369-hh of the social services law is REPEALED.
§ 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2022; provided,
however, that sections two, three and four of this act shall take effect
March 1, 2023.
PART DDD
Section 1. Subdivision 7 of section 2510 of the public health law, as
amended by chapter 436 of the laws of 2021, is amended to read as
follows:
S. 8006--C 271 A. 9006--C
7. "Covered health care services" means: the services of physicians,
optometrists, nurses, nurse practitioners, midwives and other related
professional personnel which are provided on an outpatient basis,
including routine well-child visits; diagnosis and treatment of illness
and injury; inpatient health care services; laboratory tests; diagnostic
x-rays; prescription and non-prescription drugs, ostomy AND OTHER
MEDICAL supplies and durable medical equipment; radiation therapy;
chemotherapy; hemodialysis; outpatient blood clotting factor products
and other treatments and services furnished in connection with the care
of hemophilia and other blood clotting protein deficiencies; emergency
room services; AMBULANCE SERVICES; hospice services; emergency, preven-
tive and routine dental care, including [medically necessary] orthodon-
tia but excluding cosmetic surgery; emergency, preventive and routine
vision care, including eyeglasses; speech and hearing services; [and,]
inpatient and outpatient mental health, alcohol and substance abuse
services, INCLUDING CHILDREN AND FAMILY TREATMENT AND SUPPORT SERVICES,
CHILDREN'S HOME AND COMMUNITY BASED SERVICES, ASSERTIVE COMMUNITY TREAT-
MENT SERVICES AND RESIDENTIAL REHABILITATION FOR YOUTH SERVICES WHICH
SHALL BE REIMBURSED IN ACCORDANCE WITH THE AMBULATORY PATIENT GROUP
(APG) RATE-SETTING METHODOLOGY AS UTILIZED BY THE DEPARTMENT OF HEALTH,
THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, OR THE OFFICE OF MENTAL
HEALTH FOR RATE-SETTING PURPOSES OR ANY SUCH OTHER FEES ESTABLISHED
PURSUANT TO ARTICLE FORTY-THREE OF THE MENTAL HYGIENE LAW; AND HEALTH-
RELATED SERVICES PROVIDED BY VOLUNTARY FOSTER CARE AGENCY HEALTH FACILI-
TIES LICENSED PURSUANT TO ARTICLE TWENTY-NINE-I OF THIS CHAPTER; as
defined by the commissioner [in consultation with the superintendent].
"Covered health care services" shall not include drugs, procedures and
supplies for the treatment of erectile dysfunction when provided to, or
prescribed for use by, a person who is required to register as a sex
offender pursuant to article six-C of the correction law, provided that
any denial of coverage of such drugs, procedures or supplies shall
provide the patient with the means of obtaining additional information
concerning both the denial and the means of challenging such denial.
§ 2. Subdivision 9 of section 2510 of the public health law is amended
by adding a new paragraph (e) to read as follows:
(E) FOR PERIODS ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-TWO,
AMOUNTS AS FOLLOWS:
(I) NO PAYMENTS ARE REQUIRED FOR ELIGIBLE CHILDREN WHOSE FAMILY HOUSE-
HOLD INCOME IS LESS THAN TWO HUNDRED TWENTY-THREE PERCENT OF THE NON-
FARM FEDERAL POVERTY LEVEL AND FOR ELIGIBLE CHILDREN WHO ARE AMERICAN
INDIANS OR ALASKAN NATIVES, AS DEFINED BY THE UNITED STATES DEPARTMENT
OF HEALTH AND HUMAN SERVICES, WHOSE FAMILY HOUSEHOLD INCOME IS LESS THAN
TWO HUNDRED FIFTY-ONE PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL; AND
(II) FIFTEEN DOLLARS PER MONTH FOR EACH ELIGIBLE CHILD WHOSE FAMILY
HOUSEHOLD INCOME IS BETWEEN TWO HUNDRED TWENTY-THREE PERCENT AND TWO
HUNDRED FIFTY PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL, BUT NO MORE
THAN FORTY-FIVE DOLLARS PER MONTH PER FAMILY; AND
(III) THIRTY DOLLARS PER MONTH FOR EACH ELIGIBLE CHILD WHOSE FAMILY
HOUSEHOLD INCOME IS BETWEEN TWO HUNDRED FIFTY-ONE PERCENT AND THREE
HUNDRED PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL, BUT NO MORE THAN
NINETY DOLLARS PER MONTH PER FAMILY; AND
(IV) FORTY-FIVE DOLLARS PER MONTH FOR EACH ELIGIBLE CHILD WHOSE FAMILY
HOUSEHOLD INCOME IS BETWEEN THREE HUNDRED ONE PERCENT AND THREE HUNDRED
FIFTY PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL, BUT NO MORE THAN
ONE HUNDRED THIRTY-FIVE DOLLARS PER MONTH PER FAMILY; AND
S. 8006--C 272 A. 9006--C
(V) SIXTY DOLLARS PER MONTH FOR EACH ELIGIBLE CHILD WHOSE FAMILY
HOUSEHOLD INCOME IS BETWEEN THREE HUNDRED FIFTY-ONE PERCENT AND FOUR
HUNDRED PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL, BUT NO MORE THAN
ONE HUNDRED EIGHTY DOLLARS PER MONTH PER FAMILY.
§ 3. Subdivision 8 of section 2511 of the public health law is amended
by adding a new paragraph (i) to read as follows:
(I) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS TITLE, ARTI-
CLES THIRTY-TWO AND FORTY-THREE OF THE INSURANCE LAW AND SUBSECTION (E)
OF SECTION ELEVEN HUNDRED TWENTY OF THE INSURANCE LAW:
(I) THE COMMISSIONER SHALL, SUBJECT TO APPROVAL OF THE DIRECTOR OF THE
DIVISION OF THE BUDGET, DEVELOP REIMBURSEMENT METHODOLOGIES FOR DETER-
MINING THE AMOUNT OF SUBSIDY PAYMENTS MADE TO APPROVED ORGANIZATIONS FOR
THE COST OF COVERED HEALTH CARE SERVICES COVERAGE PROVIDED PURSUANT TO
THIS TITLE FOR PAYMENTS MADE ON AND AFTER JANUARY FIRST, TWO THOUSAND
TWENTY-FOUR.
(II) EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-THREE, THE COMMIS-
SIONER SHALL COORDINATE WITH THE SUPERINTENDENT OF FINANCIAL SERVICES
FOR THE TRANSITION OF THE SUBSIDY PAYMENT RATE SETTING FUNCTION TO THE
DEPARTMENT AND, IN CONJUNCTION WITH ITS INDEPENDENT ACTUARY, REVIEW
REIMBURSEMENT METHODOLOGIES DEVELOPED IN ACCORDANCE WITH SUBPARAGRAPH
(I) OF THIS PARAGRAPH. NOTWITHSTANDING SECTION ONE HUNDRED SIXTY-THREE
OF THE STATE FINANCE LAW, THE COMMISSIONER MAY SELECT AND CONTRACT WITH
THE INDEPENDENT ACTUARY SELECTED PURSUANT TO SUBDIVISION EIGHTEEN OF
SECTION THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW, WITHOUT A
COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS. SUCH INDEPENDENT ACTU-
ARY SHALL REVIEW AND MAKE RECOMMENDATIONS CONCERNING APPROPRIATE ACTUAR-
IAL ASSUMPTIONS RELEVANT TO THE ESTABLISHMENT OF REIMBURSEMENT METHODOL-
OGIES, INCLUDING BUT NOT LIMITED TO THE ADEQUACY OF SUBSIDY PAYMENT
AMOUNTS IN RELATION TO THE POPULATION TO BE SERVED ADJUSTED FOR CASE
MIX, THE SCOPE OF SERVICES APPROVED ORGANIZATIONS MUST PROVIDE, THE
UTILIZATION OF SUCH SERVICES AND THE NETWORK OF PROVIDERS REQUIRED TO
MEET STATE STANDARDS.
§ 4. Paragraph (b) of subdivision 7 of section 2511 of the public
health law, as amended by chapter 923 of the laws of 1990, is amended to
read as follows:
(b) The commissioner, in consultation with the superintendent, shall
make a determination whether to approve, disapprove or recommend modifi-
cation of the proposal. In order for a proposal to be approved by the
commissioner, the proposal must also be approved by the superintendent
with respect to the provisions of subparagraphs [(viii) through] (IX)
AND (xii) of paragraph (a) of this subdivision.
§ 5. Section 2511 of the public health law is amended by adding a new
subdivision 22 to read as follows:
22. NOTWITHSTANDING THE PROVISIONS OF THIS TITLE AND EFFECTIVE ON AND
AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE, THE CONSULTATIVE,
REVIEW, AND APPROVAL FUNCTIONS OF THE SUPERINTENDENT OF FINANCIAL
SERVICES RELATED TO ADMINISTRATION OF THE CHILD HEALTH INSURANCE PLAN
ARE NO LONGER APPLICABLE AND REFERENCES TO THOSE FUNCTIONS IN THIS TITLE
SHALL BE NULL AND VOID. THE CHILD HEALTH INSURANCE PLAN SET FORTH IN
THIS TITLE SHALL BE ADMINISTERED SOLELY BY THE COMMISSIONER. ALL CHILD
HEALTH INSURANCE PLAN POLICIES REVIEWED AND APPROVED BY THE SUPERINTEN-
DENT OF FINANCIAL SERVICES IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
TWENTY OF THE INSURANCE LAW SHALL REMAIN IN EFFECT UNTIL THE COMMISSION-
ER ESTABLISHES A PROCESS TO REVIEW AND APPROVE MEMBER HANDBOOKS IN
ACCORDANCE WITH THE REQUIREMENTS OF TITLE XXI OF THE FEDERAL SOCIAL
SECURITY ACT AND IMPLEMENTING REGULATIONS, AND SUCH MEMBER HANDBOOKS ARE
S. 8006--C 273 A. 9006--C
ISSUED BY APPROVED ORGANIZATIONS TO ENROLLEES IN PLACE OF CHILD HEALTH
INSURANCE PLAN POLICIES WHICH WERE SUBJECT TO REVIEW UNDER SECTION ELEV-
EN HUNDRED TWENTY OF THE INSURANCE LAW.
§ 6. Subdivision 6 of section 2510 of the public health law is amended
by adding a new paragraph (d) to read as follows:
(D) EFFECTIVE ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY-THREE
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN, SUBJECT TO EXTEN-
SION UNDER TITLE XXI OF THE FEDERAL SOCIAL SECURITY ACT, THE PERIOD OF
ELIGIBILITY FOR PREGNANT INDIVIDUALS ENROLLED IN THE CHILD HEALTH INSUR-
ANCE PLAN SHALL INCLUDE TWELVE MONTHS POSTPARTUM COVERAGE COMMENCING ON
THE FIRST DAY OF THE MONTH FOLLOWING THE LAST DAY OF PREGNANCY AND
ENDING ON THE LAST DAY OF THE MONTH IN WHICH THE TWELVE-MONTH POSTPARTUM
PERIOD ENDS; PROVIDED, HOWEVER, SUCH POSTPARTUM COVERAGE MAY END PRIOR
TO THE END OF THE TWELVE-MONTH PERIOD ONLY UNDER THE FOLLOWING CIRCUM-
STANCES: (I) THE INDIVIDUAL REQUESTS VOLUNTARY TERMINATION; (II) THE
INDIVIDUAL CEASES TO BE A STATE RESIDENT; (III) ELIGIBILITY WAS DETER-
MINED INCORRECTLY BECAUSE OF ERROR, FRAUD, ABUSE, OR PERJURY ATTRIBUTED
TO THE INDIVIDUAL; OR (IV) THE INDIVIDUAL DIES.
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2022; provided,
however, that sections one, three and four of this act shall take effect
January 1, 2023.
PART EEE
Section 1. Section 3 of part E of chapter 55 of the laws of 2020,
amending the state finance law relating to establishing the criminal
justice discovery compensation fund; amending the criminal procedure law
relating to monies recovered by county district attorneys before the
filing of an accusatory instrument; and providing for the repeal of
certain provisions upon expiration thereof, is amended to read as
follows:
§ 3. This act shall take effect immediately; provided, however, that
subdivision 2 of section 99-hh of the state finance law, as added by
section one of this act, shall expire and be deemed repealed March 31,
[2022] 2024, and provided, further that the amendments to section 95.00
of the criminal procedure law made by section two of this act shall not
affect the repeal of such section and shall be deemed repealed there-
with.
§ 1-a. Subdivision 5 of section 216 of the judiciary law, as added by
section 4 of part HHH of chapter 56 of the laws of 2020, is renumbered
subdivision 6 and is amended to read as follows:
6. The chief administrator of the courts, in conjunction with the
division of criminal justice services, shall collect data and report
annually regarding the impact of article two hundred forty-five of the
criminal procedure law. Such data and report shall contain information
regarding the implementation of article two hundred forty-five of the
criminal procedure law, including procedures used to implement the arti-
cle, resources needed for implementation, MONIES RECEIVED PURSUANT TO
SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW, INCLUDING THE AMOUNT OF
MONEY UTILIZED FOR THE SERVICES AND EXPENSES ELIGIBLE PURSUANT TO SUBDI-
VISION THREE OF SUCH SECTION, information regarding cases where discov-
ery obligations are not met, and information regarding case outcomes.
The report shall be released publicly and published on the websites of
the office of court administration and the division of criminal justice
services. The first report shall be published eighteen months after the
S. 8006--C 274 A. 9006--C
effective date of this section, and shall include data from the first
twelve months following the enactment of this section. Reports for
subsequent years shall be published annually thereafter.
§ 1-b. Subdivision 3 of section 99-hh of the state finance law, as
added by section 1 of part E of chapter 55 of the laws of 2020, is
amended to read as follows:
3. (A) Monies of the criminal justice discovery compensation fund,
following appropriation by the legislature and allocation by the direc-
tor of the budget, shall be made available for local assistance services
and expenses related to discovery reform implementation, including but
not limited to, digital evidence transmission technology, administrative
support, computers, hardware and operating software, data connectivity,
development of training materials, staff training, overtime costs, liti-
gation readiness, and pretrial services. Eligible entities shall
include, but not be limited to counties, cities with populations less
than one million, and law enforcement and prosecutorial entities within
towns and villages.
(B) THE DIRECTOR OF THE BUDGET SHALL PROVIDE THE AMOUNT OF THE MONIES
ALLOCATED PURSUANT TO THIS SECTION TO THE CHIEF ADMINISTRATOR OF THE
COURTS AND THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE PURPOSE OF
COMPLETING THE REPORT REQUIRED PURSUANT TO SUBDIVISION SIX OF SECTION
TWO HUNDRED SIXTEEN OF THE JUDICIARY LAW.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2022.
PART FFF
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. DOL-Child performer protection account (20401).
2. Local government records management account (20501).
3. Child health plus program account (20810).
4. EPIC premium account (20818).
5. Education - New (20901).
6. VLT - Sound basic education fund (20904).
7. Sewage treatment program management and administration fund
(21000).
8. Hazardous bulk storage account (21061).
9. Utility environmental regulatory account (21064).
10. Federal grants indirect cost recovery account (21065).
11. Low level radioactive waste account (21066).
12. Recreation account (21067).
13. Public safety recovery account (21077).
14. Environmental regulatory account (21081).
15. Natural resource account (21082).
16. Mined land reclamation program account (21084).
17. Great lakes restoration initiative account (21087).
18. Environmental protection and oil spill compensation fund (21200).
19. Public transportation systems account (21401).
20. Metropolitan mass transportation (21402).
21. Operating permit program account (21451).
22. Mobile source account (21452).
23. Statewide planning and research cooperative system account
(21902).
S. 8006--C 275 A. 9006--C
24. New York state thruway authority account (21905).
25. Mental hygiene program fund account (21907).
26. Mental hygiene patient income account (21909).
27. Financial control board account (21911).
28. Regulation of racing account (21912).
29. State university dormitory income reimbursable account (21937).
30. Criminal justice improvement account (21945).
31. Environmental laboratory reference fee account (21959).
32. Training, management and evaluation account (21961).
33. Clinical laboratory reference system assessment account (21962).
34. Indirect cost recovery account (21978).
35. Multi-agency training account (21989).
36. Bell jar collection account (22003).
37. Industry and utility service account (22004).
38. Real property disposition account (22006).
39. Parking account (22007).
40. Courts special grants (22008).
41. Asbestos safety training program account (22009).
42. Camp Smith billeting account (22017).
43. Batavia school for the blind account (22032).
44. Investment services account (22034).
45. Surplus property account (22036).
46. Financial oversight account (22039).
47. Regulation of Indian gaming account (22046).
48. Rome school for the deaf account (22053).
49. Seized assets account (22054).
50. Administrative adjudication account (22055).
51. New York City assessment account (22062).
52. Cultural education account (22063).
53. Local services account (22078).
54. DHCR mortgage servicing account (22085).
55. Housing indirect cost recovery account (22090).
56. DHCR-HCA application fee account (22100).
57. Low income housing monitoring account (22130).
58. Corporation administration account (22135).
59. New York State Home for Veterans in the Lower-Hudson Valley
account (22144).
60. Deferred compensation administration account (22151).
61. Rent revenue other New York City account (22156).
62. Rent revenue account (22158).
63. Transportation aviation account (22165).
64. Tax revenue arrearage account (22168).
65. New York state medical indemnity fund account (22240).
66. Behavioral health parity compliance fund (22246).
67. State university general income offset account (22654).
68. Lake George park trust fund account (22751).
69. State police motor vehicle law enforcement account (22802).
70. Highway safety program account (23001).
71. DOH drinking water program account (23102).
72. NYCCC operating offset account (23151).
73. Commercial gaming regulation account (23702).
74. Highway use tax administration account (23801).
75. New York state secure choice administrative account (23806).
76. New York state cannabis revenue fund (24800).
77. Fantasy sports administration account (24951).
78. Highway and bridge capital account (30051).
S. 8006--C 276 A. 9006--C
79. Aviation purpose account (30053).
80. State university residence hall rehabilitation fund (30100).
81. State parks infrastructure account (30351).
82. Clean water/clean air implementation fund (30500).
83. Hazardous waste remedial cleanup account (31506).
84. Youth facilities improvement account (31701).
85. Housing assistance fund (31800).
86. Housing program fund (31850).
87. Highway facility purpose account (31951).
88. New York racing account (32213).
89. Capital miscellaneous gifts account (32214).
90. Information technology capital financing account (32215).
91. New York environmental protection and spill remediation account
(32219).
92. Mental hygiene facilities capital improvement fund (32300).
93. Correctional facilities capital improvement fund (32350).
94. New York State Storm Recovery Capital Fund (33000).
95. OGS convention center account (50318).
96. Empire Plaza Gift Shop (50327).
97. Centralized services fund (55000).
98. Archives records management account (55052).
99. Federal single audit account (55053).
100. Civil service administration account (55055).
101. Civil service EHS occupational health program account (55056).
102. Banking services account (55057).
103. Cultural resources survey account (55058).
104. Neighborhood work project account (55059).
105. Automation & printing chargeback account (55060).
106. OFT NYT account (55061).
107. Data center account (55062).
108. Intrusion detection account (55066).
109. Domestic violence grant account (55067).
110. Centralized technology services account (55069).
111. Labor contact center account (55071).
112. Human services contact center account (55072).
113. Tax contact center account (55073).
114. Department of law civil recoveries account (55074).
115. Executive direction internal audit account (55251).
116. CIO Information technology centralized services account (55252).
117. Health insurance internal service account (55300).
118. Civil service employee benefits division administrative account
(55301).
119. Correctional industries revolving fund (55350).
120. Employees health insurance account (60201).
121. Medicaid management information system escrow fund (60900).
§ 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).
S. 8006--C 277 A. 9006--C
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).
§ 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, 2023, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $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).
Education:
1. $2,653,000,000 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. $1,237,000,000 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. $140,800,000 from the general fund to the New York state commercial
gaming fund, commercial gaming revenue account (23701), as reimbursement
for disbursements made from such fund for supplemental aid to education
pursuant to section 97-nnnn of the state finance law that are in excess
of the amounts deposited in such fund for purposes pursuant to section
1352 of the racing, pari-mutuel wagering and breeding law.
4. $614,580,000 from the general fund to the mobile sports wagering
fund, education account (24955), 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 deposit-
ed in such fund for such purposes pursuant to section 1367 of the
racing, pari-mutuel wagering and breeding law.
5. $7,000,000 from the interactive fantasy sports fund, fantasy sports
education account (24950), 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.
6. An amount up to the unencumbered balance in the fund on March 31,
2023 from the charitable gifts trust fund, elementary and secondary
education account (24901), to the general fund, for payment of general
support for public schools pursuant to section 3609-a of the education
law.
7. Moneys from the state lottery fund (20900) up to an amount deposit-
ed 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.
S. 8006--C 278 A. 9006--C
8. $300,000 from the New York state local government records manage-
ment improvement fund, local government records management account
(20501), to the New York state archives partnership trust fund, archives
partnership trust maintenance account (20351).
9. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
10. $900,000 from the general fund to the miscellaneous special reven-
ue fund, Rome school for the deaf account (22053).
11. $343,400,000 from the state university dormitory income fund
(40350) to the miscellaneous special revenue fund, state university
dormitory income reimbursable account (21937).
12. $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.
13. $47,000,000 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, 2022 through March 31,
2023.
14. $7,790,000 from the miscellaneous special revenue fund, office of
the professions account (22051), to the miscellaneous capital projects
fund, office of the professions electronic licensing account (32222).
15. $24,000,000 from any of the state education department's special
revenue and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
16. $4,200,000 from any of the state education department's special
revenue or internal service funds to the capital projects fund (30000).
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the environmental conservation special revenue fund, federal indirect
recovery account (21065).
2. $5,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the conservation fund (21150) or Marine Resources Account (21151) as
necessary 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 capital
projects fund, I love NY water account (32212).
5. $100,000,000 from the general fund to the environmental protection
fund, environmental protection fund transfer account (30451).
6. $6,000,000 from the general fund to the hazardous waste remedial
fund, hazardous waste oversight and assistance account (31505).
7. An amount up to or equal to the cash balance within the special
revenue-other waste management & cleanup account (21053) to the capital
projects fund (30000) for services and capital expenses related to the
management and cleanup program as put forth in section 27-1915 of the
environmental conservation law.
8. $1,800,000 from the miscellaneous special revenue fund, public
service account (22011) to the miscellaneous special revenue fund, util-
ity environmental regulatory account (21064).
9. $7,000,000 from the general fund to the enterprise fund, state fair
account (50051).
S. 8006--C 279 A. 9006--C
10. $4,000,000 from the waste management & cleanup account (21053) to
the general fund.
11. $3,000,000 from the waste management & cleanup account (21053) to
the environmental protection fund transfer account (30451).
12. Up to $10,000,000 from the general fund to the miscellaneous
special revenue fund, patron services account (22163).
Family Assistance:
1. $7,000,000 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).
2. $4,000,000 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. $175,000,000 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 special revenue 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. $205,000,000 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. $5,000,000 from the miscellaneous special revenue fund, state
central registry (22028), to the general fund.
10. $900,000 from the general fund to the Veterans' Remembrance and
Cemetery Maintenance and Operation account (20201).
11. $505,000,000 from the general fund to the housing program fund
(31850).
General Government:
1. $12,000,000 from the general fund to the health insurance revolving
fund (55300).
2. $292,400,000 from the health insurance reserve receipts fund
(60550) to the general fund.
3. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
4. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
5. $3,000,000 from the miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
S. 8006--C 280 A. 9006--C
6. $19,000,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
7. $1,826,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous special revenue fund,
authority budget office account (22138).
8. $1,000,000 from the miscellaneous special revenue fund, parking
account (22007), to the general fund, for the purpose of reimbursing the
costs of debt service related to state parking facilities.
9. $11,460,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for the purpose of
enterprise technology projects.
10. $10,000,000 from the general fund to the agencies internal service
fund, state data center account (55062).
11. $12,000,000 from the miscellaneous special revenue fund, parking
account (22007), to the centralized services, building support services
account (55018).
12. $30,000,000 from the general fund to the internal service fund,
business services center account (55022).
13. $8,000,000 from the general fund to the internal service fund,
building support services account (55018).
14. $1,500,000 from the combined expendable trust fund, plaza special
events account (20120), to the general fund.
15. $50,000,000 from the general fund to the New York State cannabis
revenue fund (24800).
16. $50,000,000 from the New York State cannabis revenue fund (24800)
to the general fund.
Health:
1. A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), up
to an amount equal to the monies collected and deposited into that
account in the previous fiscal year.
2. A transfer from the general fund to the combined gifts, grants and
bequests fund, prostate cancer research, detection, and education
account (20183), up to an amount equal to the moneys collected and
deposited into that account in the previous fiscal year.
3. A transfer from the general fund to the combined gifts, grants and
bequests fund, Alzheimer's disease research and assistance account
(20143), up to an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
4. $8,750,000 from the HCRA resources fund (20800) to the miscella-
neous special revenue fund, empire state stem cell trust fund account
(22161).
5. $2,000,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the miscellaneous capital projects fund,
healthcare IT capital subfund (32216).
6. $2,000,000 from the miscellaneous special revenue fund, vital
health records account (22103), to the miscellaneous capital projects
fund, healthcare IT capital subfund (32216).
7. $6,000,000 from the miscellaneous special revenue fund, profes-
sional medical conduct account (22088), to the miscellaneous capital
projects fund, healthcare IT capital subfund (32216).
8. $112,500,000 from the HCRA resources fund (20800) to the capital
projects fund (30000).
9. $6,550,000 from the general fund to the medical marihuana trust
fund, health operation and oversight account (23755).
S. 8006--C 281 A. 9006--C
10. An amount up to the unencumbered balance from the charitable gifts
trust fund, health charitable account (24900), to the general fund, for
payment of general support for primary, preventive, and inpatient health
care, dental and vision care, hunger prevention and nutritional assist-
ance, and other services for New York state residents with the overall
goal of ensuring that New York state residents have access to quality
health care and other related services.
11. $500,000 from the miscellaneous special revenue fund, New York
State cannabis revenue fund, to the miscellaneous special revenue fund,
environmental laboratory fee account (21959).
12. An amount up to the unencumbered balance from the public health
emergency charitable gifts trust fund to the general fund, for payment
of goods and services necessary to respond to a public health disaster
emergency or to assist or aid in responding to such a disaster.
13. $1,000,000,000 from the general fund to the health care transfor-
mation fund (24850).
Labor:
1. $600,000 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. $11,700,000 from the unemployment insurance interest and penalty
fund, unemployment insurance special interest and penalty account
(23601), to the general fund.
3. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
ment insurance special interest and penalty account (23601), and public
work enforcement account (21998), to the general fund.
4. $850,000 from the miscellaneous special revenue fund, DOL elevator
safety program fund (22252) to the miscellaneous special revenue fund,
DOL fee and penalty account (21923).
Mental Hygiene:
1. $3,800,000 from the general fund, to the agencies internal service
fund, civil service EHS occupational health program account (55056).
2. $2,000,000 from the general fund, to the mental hygiene facilities
capital improvement fund (32300).
3. $20,000,000 from the opioid settlement fund (23817) to the miscel-
laneous capital projects fund, opioid settlement capital account.
4. $20,000,000 from the miscellaneous capital projects fund, opioid
settlement capital account to the opioid settlement fund (23817).
Public Protection:
1. $1,350,000 from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
2. $2,587,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
3. $22,773,000 from the general fund to the correctional industries
revolving fund, correctional industries internal service account
(55350).
4. $2,000,000,000 from any of the division of homeland security and
emergency services special revenue federal funds to the general fund.
5. $115,420,000 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.
6. $136,130,000 from the general fund to the correctional facilities
capital improvement fund (32350).
7. $5,000,000 from the general fund to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
S. 8006--C 282 A. 9006--C
provided by the division of state police for the department of transpor-
tation.
8. $10,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the capital projects
fund (30000).
9. $9,830,000 from the miscellaneous special revenue fund, legal
services assistance account (22096), to the general fund.
10. $1,000,000 from the general fund to the agencies internal service
fund, neighborhood work project account (55059).
11. $7,980,000 from the miscellaneous special revenue fund, finger-
print identification & technology account (21950), to the general fund.
12. $1,100,000 from the state police motor vehicle law enforcement and
motor vehicle theft and insurance fraud prevention fund, motor vehicle
theft and insurance fraud account (22801), to the general fund.
13. $14,400,000 from the general fund to the miscellaneous special
revenue fund, criminal justice improvement account (21945).
Transportation:
1. $20,000,000 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems operating assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
2. $727,500,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
3. $244,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
4. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion 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.
5. $3,000,000 from the miscellaneous special revenue fund, traffic
adjudication account (22055), to the general fund.
6. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to the general fund, for disbursements
made from such fund for motor carrier safety that are in excess of the
amounts deposited in the general fund for such purpose pursuant to
section 94 of the transportation law.
Miscellaneous:
1. $250,000,000 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).
5. $100,000,000 from any special revenue federal fund to the general
fund, state purposes account (10050).
6. $12,750,000,000 from the special revenue federal fund, ARPA-Fiscal
Recovery Fund (25546) to the general fund, state purposes account
(10050) to cover eligible costs incurred by the state.
§ 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, 2023:
S. 8006--C 283 A. 9006--C
1. Upon request of the commissioner of environmental conservation, up
to $12,745,400 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $4,000,000 from
the environmental protection and oil spill compensation fund (21200),
and $1,834,600 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).
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 $13,694,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
7. Upon the request of the attorney general, up to $4,000,000 from
revenues credited to the federal health and human services fund, federal
health and human services account (25117) or the miscellaneous special
revenue fund, recoveries and revenue account (22041), to the miscella-
neous special revenue fund, litigation settlement and civil recovery
account (22117).
8. Upon the request of the commission 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
appropriate administrative expenses.
9. Upon the request of the commission 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).
§ 4. On or before March 31, 2023, 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.
§ 5. 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, the state university income fund general revenue
account (22653) for reimbursement of bondable equipment for further
transfer to the state's general fund.
§ 6. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
S. 8006--C 284 A. 9006--C
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, 2023, 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.
§ 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, 2023, 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.
§ 8. 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, 2023.
§ 9. 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 $1,165,260,416 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2022 through June 30, 2023 to support operations at
the state university.
§ 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 $48,834,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2022 to June 30, 2023 for general fund operating
support pursuant to subparagraph (4-b) of paragraph h of subdivision 2
of section three hundred fifty-five of the education law.
§ 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 $20,000,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2022 to June 30, 2023 to support operations at the
state university in accordance with the maintenance of effort pursuant
to subparagraph (4) of paragraph h of subdivision 2 of section 355 of
the education law.
§ 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 $55,000,000 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, 2023.
§ 13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after consultation
S. 8006--C 285 A. 9006--C
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, 2023.
§ 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 $100 million from each fund.
§ 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, at the request of the director of the budget,
up to $700 million from the unencumbered balance of any special revenue
fund or account, agency fund or account, internal service fund or
account, enterprise fund or account, or any combination of such 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 2022-23 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 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.
§ 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 $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund, tech-
nology financing account (22207), the miscellaneous capital projects
fund, the federal capital projects account (31350), information technol-
ogy capital financing account (32215), or the centralized technology
services account (55069), 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 information technology costs which are
S. 8006--C 286 A. 9006--C
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 technology 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 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.
§ 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 $400 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.
§ 18. 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 transfer to the state treasury
to the credit of the general fund up to $20,000,000 for the state fiscal
year commencing April 1, 2022, the proceeds of which will be utilized to
support energy-related state activities.
§ 19. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to contribute $913,000 to the state treasury
to the credit of the general fund on or before March 31, 2023.
§ 20. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to transfer five million dollars to the cred-
it of the Environmental Protection Fund on or before March 31, 2023 from
proceeds collected by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation.
§ 21. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 20 of part JJJ of chapter 59 of the laws of 2021, is
amended to read as follows:
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
[twenty-one] TWENTY-TWO, 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
S. 8006--C 287 A. 9006--C
[$1,979,457,000] $1,830,985,000, 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 [twenty-one] TWENTY-TWO.
§ 22. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2023, the following amounts from
the following special revenue accounts to the capital projects fund
(30000), for the purposes of reimbursement to such fund for expenses
related to the maintenance and preservation of state assets:
1. $43,000 from the miscellaneous special revenue fund, administrative
program account (21982).
2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
hospital account (22140).
3. $456,000 from the miscellaneous special revenue fund, New York city
veterans' home account (22141).
4. $570,000 from the miscellaneous special revenue fund, New York
state home for veterans' and their dependents at oxford account (22142).
5. $170,000 from the miscellaneous special revenue fund, western New
York veterans' home account (22143).
6. $323,000 from the miscellaneous special revenue fund, New York
state for veterans in the lower-hudson valley account (22144).
7. $2,550,000 from the miscellaneous special revenue fund, patron
services account (22163).
8. $7,502,241 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
9. $135,656,957 from the miscellaneous special revenue fund, state
university revenue offset account (22655).
10. $49,329,802 from the state university dormitory income fund, state
university dormitory income fund (40350).
11. $1,000,000 from the miscellaneous special revenue fund, litigation
settlement and civil recovery account (22117).
§ 23. Subdivision 8 of section 53 of the state finance law, as amended
by chapter 58 of the laws of 1982, is amended to read as follows:
8. Notwithstanding the foregoing provisions of this section, in addi-
tion to the restrictions set forth therein, the governor may authorize a
transfer to the general fund, to a capital projects fund, or to a fund
established to account for revenues from the federal government only
after the approval of:
(1) the temporary president of the senate or the [chairman] CHAIR of
the senate finance committee (THE "SENATE"); and
(2) the speaker of the assembly or the [chairman] CHAIR of the assem-
bly ways and means committee (THE "ASSEMBLY").
PROVIDED HOWEVER, IF EITHER THE SENATE OR THE ASSEMBLY FAILS TO AFFIR-
MATIVELY DENY OR APPROVE SUCH TRANSFER WITHIN TEN DAYS FROM THE DATE ON
WHICH THE GOVERNOR PROVIDES NOTIFICATION OF SUCH TRANSFER, THEN THE
TRANSFER SHALL BE DEEMED APPROVED BY BOTH THE SENATE AND THE ASSEMBLY.
§ 24. Subdivision 6 of section 4 of the state finance law, as amended
by section 25 of part JJ of chapter 56 of the laws of 2020, 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
S. 8006--C 288 A. 9006--C
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 [twenty-two] TWENTY-FOUR.
§ 25. Subdivision 4 of section 40 of the state finance law, as amended
by section 26 of part JJ of chapter 56 of the laws of 2020, 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
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 [twenty-two] TWENTY-FOUR.
§ 26. Subdivision 2 of section 92-cc of the state finance law, as
amended by section 12-a of part I of chapter 60 of the laws of 2015, is
amended to read as follows:
2. Such fund shall have a maximum balance not to exceed [five] FIFTEEN
per centum of the aggregate amount projected to be disbursed from the
general fund during the fiscal year immediately following the then-cur-
rent fiscal year. At the request of the director of the budget, the
state comptroller shall transfer monies to the rainy day reserve fund up
to and including an amount equivalent to [seventy-five one-hundredths of
one] THREE per centum of the aggregate amount projected to be disbursed
from the general fund during the then-current fiscal year, unless such
transfer would increase the rainy day reserve fund to an amount in
excess of [five] FIFTEEN per centum of the aggregate amount projected to
be disbursed from the general fund during the fiscal year immediately
following the then-current fiscal year, in which event such transfer
shall be limited to such amount as will increase the rainy day reserve
fund to such [five] FIFTEEN per centum limitation.
§ 27. Paragraph (c) of subdivision 4 of section 99-aa of the state
finance law, as added by section 22-d of part XXX of chapter 59 of the
laws of 2017, is amended to read as follows:
(c) At the request of the director of the budget, the state comp-
troller shall transfer monies from the general fund to the trust fund up
to and including an amount equivalent to ONE AND fifty one-hundredths of
one per centum of the total actuarial accrued liability included in the
state of New York comprehensive annual financial report.
§ 28. Subdivision 4 of section 89-h of the state finance law, as
amended by chapter 92 of the laws of 2021, is amended to read as
follows:
S. 8006--C 289 A. 9006--C
4. The moneys of the medical cannabis trust fund, following appropri-
ation by the legislature, shall be allocated upon a certificate of
approval of availability by the director of the budget as follows: (a)
Twenty-two and five-tenths percent of the monies shall be transferred to
the counties in New York state in which the medical cannabis was manu-
factured and allocated in proportion to the gross sales originating from
medical cannabis manufactured in each such county; (b) twenty-two and
five-tenths percent of the moneys shall be transferred to the counties
in New York state in which the medical cannabis was dispensed and allo-
cated in proportion to the gross sales occurring in each such county;
(c) five percent of the monies shall be transferred to the office of
addiction services and supports, which shall use that revenue for addi-
tional drug abuse prevention, counseling and treatment services; (d)
five percent of the revenue received by the department shall be trans-
ferred to the division of criminal justice services, which shall use
that revenue for a program of discretionary grants to state and local
law enforcement agencies that demonstrate a need relating to article
three of the cannabis law; said grants could be used for personnel costs
of state and local law enforcement agencies; and (e) forty-five percent
of the monies shall be [transferred] DEPOSITED to the New York state
cannabis revenue fund. For purposes of this subdivision, the city of New
York shall be deemed to be a county.
§ 28-a. Subdivision 1 of section 4 of section 1 of part D3 of chapter
62 of the laws of 2003 amending the general business law and other laws
relating to implementing the state fiscal plan for the 2003-2004 state
fiscal year, is amended to read as follows:
1. The state representative, upon the execution of a sale agreement on
behalf of the state may sell to the corporation, and the corporation may
purchase, for cash or other consideration and in one or more install-
ments, all or a portion of the state's share. Any such agreement shall
provide, among other matters, that the purchase price payable by the
corporation to the state for such state's share or portion thereof shall
consist of the net proceeds of the bonds issued to finance such purchase
price and the residual interests, if any. [The] NOTWITHSTANDING SECTION
121 OF THE STATE FINANCE LAW OR ANY OTHER LAW TO THE CONTRARY, THE resi-
dual interests shall be deposited into [the tobacco settlement fund
pursuant to section 92-x of the state finance law, unless otherwise
directed by statute] THE MEDICAID MANAGEMENT INFORMATION SYSTEM (MMIS)
STATEWIDE ESCROW FUND WITHIN THIRTY DAYS UPON THE AVAILABILITY OF SUCH
RESIDUAL INTERESTS TO FUND A PORTION OF THE CUMULATIVE NON-FEDERAL SHARE
OF EXPENSES RELATED TO THE STATE TAKEOVER OF THE LOCAL SHARE OF MEDICAID
GROWTH PURSUANT TO PART F OF CHAPTER 56 OF THE LAWS OF 2012. SUCH
DEPOSIT SHALL BE IN AN AMOUNT EQUAL TO (A) THE AMOUNT OF RESIDUAL INTER-
ESTS SCHEDULED FOR DEPOSIT INTO THE MMIS STATEWIDE ESCROW FUND IN THE
APPLICABLE YEAR'S ENACTED BUDGET FINANCIAL PLAN AS UPDATED OR (B) THE
TOTAL AMOUNT OF RESIDUAL INTERESTS AVAILABLE IF THE TOTAL AMOUNT OF SUCH
RESIDUAL INTERESTS IS LESS THAN THE TOTAL AMOUNT OF RESIDUAL INTERESTS
SCHEDULED FOR DEPOSIT INTO THE MMIS STATEWIDE ESCROW FUND IN THE APPLI-
CABLE YEAR'S ENACTED BUDGET FINANCIAL PLAN AS UPDATED. AT THE DISCRETION
OF THE STATE REPRESENTATIVE, ANY RESIDUAL INTERESTS WHICH EXCEED THE
AMOUNT SCHEDULED FOR DEPOSIT INTO THE MMIS STATEWIDE ESCROW FUND IN THE
APPLICABLE YEAR'S ENACTED BUDGET FINANCIAL PLAN AS UPDATED MAY EITHER BE
DEPOSITED INTO THE (I) MMIS STATEWIDE ESCROW FUND TO FUND A PORTION, AS
DETERMINED BY THE STATE REPRESENTATIVE, OF THE CUMULATIVE NON-FEDERAL
SHARE OF EXPENSES RELATED TO THE STATE TAKEOVER OF THE LOCAL SHARE OF
MEDICAID GROWTH, PURSUANT TO PART F OF CHAPTER 56 OF THE LAWS OF 2012,
S. 8006--C 290 A. 9006--C
OR (II) THE STATE GENERAL FUND; provided, however that any residual
interest derived from other assets shall be applied as directed by stat-
ute. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE AMOUNT USED
FROM SUCH DEPOSIT TO FUND A PORTION OF THE CUMULATIVE NON-FEDERAL SHARE
OF EXPENSES RELATED TO THE STATE TAKEOVER OF THE LOCAL SHARE OF MEDICAID
GROWTH SHALL BE PAID WITHOUT APPROPRIATION. Any such sale shall be
pursuant to one or more sale agreements which may contain such terms and
conditions deemed necessary by the state representative to carry out and
effectuate the purposes of this section, including covenants binding the
state in favor of the corporation and its assignees, including the
owners of its bonds such as covenants with respect to the enforcement at
the expense of the state of the payment provisions of the master settle-
ment agreement, the diligent enforcement at the expense of the state of
the qualifying statute, the application and use of the proceeds of the
sale of the state's share to preserve the tax-exemption on the bonds,
the interest on which is intended to be exempt from federal income tax,
issued to finance the purchase thereof and otherwise as provided in this
act. Notwithstanding the foregoing, neither the state representative nor
the corporation shall be authorized to make any covenant, pledge, prom-
ise or agreement purporting to bind the state with respect to pledged
tobacco revenues, except as otherwise specifically authorized by this
act.
§ 29. 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
rebated to the federal government pursuant to the provisions of the
internal revenue code of 1986, as amended.
§ 30. 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 25 of part JJJ of chapter 59 of the laws of 2021, 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 [nine billion one hundred thir-
ty-nine million six hundred nineteen thousand dollars $9,139,619,000]
NINE BILLION FIVE HUNDRED TWO MILLION SEVEN HUNDRED THIRTY-NINE THOUSAND
S. 8006--C 291 A. 9006--C
DOLLARS $9,502,739,000, 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 [nine
billion one hundred thirty-nine million six hundred nineteen thousand
dollars $9,139,619,000] NINE BILLION FIVE HUNDRED TWO MILLION SEVEN
HUNDRED THIRTY-NINE THOUSAND DOLLARS $9,502,739,000, 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 obli-
gations so to be refunded or repaid. For the purposes hereof, the pres-
ent 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 refund-
ing 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 corporation including esti-
mated accrued interest from the sale thereof.
§ 31. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 26 of part JJJ of chapter 59 of the laws of 2021, 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 [three
hundred seventy-four million six hundred thousand dollars $374,600,000]
FOUR HUNDRED TWENTY-SIX MILLION ONE HUNDRED THOUSAND DOLLARS
$426,100,000, 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
S. 8006--C 292 A. 9006--C
such authorized issuer for debt service and related expenses pursuant to
any service contract executed pursuant to subdivision (b) of this
section 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.
§ 32. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 27 of part JJJ of chapter 59 of the laws of 2021,
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 [seven billion one hundred thirty million ten thousand
dollars $7,130,010,000] EIGHT BILLION ONE HUNDRED SEVENTY-ONE MILLION
ONE HUNDRED TEN THOUSAND DOLLARS $8,171,110,000, exclusive 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 otherwise 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
subdivision one of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
§ 33. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, relating to providing for the administration of certain
funds and accounts related to the 2002-2003 budget, as amended by
section 28 of part JJJ of chapter 59 of the laws of 2021, 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 [three hundred forty-seven million five hundred thousand dollars
$347,500,000] THREE HUNDRED EIGHTY-THREE MILLION FIVE HUNDRED THOUSAND
DOLLARS $383,500,000, 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 previ-
ously 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 [one billion three hundred eight million six hundred eighty-six
thousand dollars $1,308,686,000] ONE BILLION SIX HUNDRED FOUR MILLION
NINE HUNDRED EIGHTY-SIX THOUSAND DOLLARS $1,604,986,000, 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 financ-
ing 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
S. 8006--C 293 A. 9006--C
subdivision (b) of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
§ 34. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 29 of part JJJ of chapter 59 of
the laws of 2021, 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 [fifteen billion five hundred fifty-five million eight hundred
sixty-four thousand dollars $15,555,864,000] SIXTEEN BILLION SIX HUNDRED
ELEVEN MILLION FIVE HUNDRED SIXTY-FOUR THOUSAND DOLLARS $16,611,564,000;
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 there-
by; 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 there-
on 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 expi-
ration 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.
§ 35. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 30 of part JJJ of chapter 59 of
the laws of 2021, 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
S. 8006--C 294 A. 9006--C
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
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 [nine billion six hundred sixty-one
million thirty thousand dollars $9,661,030,000] TEN BILLION TWO HUNDRED
FIFTY-FOUR MILLION SIX HUNDRED EIGHTY-SIX THOUSAND DOLLARS
$10,254,686,000. 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.
§ 36. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 31 of part JJJ of chapter 59 of the laws of 2021,
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 [one billion sixty-six
million two hundred fifty-seven thousand dollars $1,066,257,000] ONE
BILLION ONE HUNDRED TWENTY-THREE MILLION ONE HUNDRED FORTY THOUSAND
DOLLARS $1,123,140,000. 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.
§ 37. Subdivision 1 of section 17 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 32 of part JJJ of chapter 59 of the laws of 2021, 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 [eight hundred seventy-six
million fifteen thousand dollars $876,015,000] NINE HUNDRED SIXTY-TWO
MILLION SEVEN HUNDRED FIFTEEN THOUSAND DOLLARS $962,715,000, 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
S. 8006--C 295 A. 9006--C
issued pursuant to chapter 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 improve-
ment 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 repayment the total aggregate principal amount of
outstanding bonds, notes or other obligations may be greater than [eight
hundred seventy-six million fifteen thousand dollars $876,015,000] NINE
HUNDRED SIXTY-TWO MILLION SEVEN HUNDRED FIFTEEN THOUSAND DOLLARS
$962,715,000, 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 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 corporation including estimated accrued interest from the sale ther-
eof.
§ 38. 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 33 of part JJJ
of chapter 59 of the laws of 2021, 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
S. 8006--C 296 A. 9006--C
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 [ten billion four hundred seventy-six million seven hundred
seventy-three thousand dollars $10,476,773,000] TEN BILLION NINE HUNDRED
FORTY-TWO MILLION EIGHT HUNDRED THIRTY-THREE THOUSAND DOLLARS
$10,942,833,000, 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 facilities improvement notes; provided,
however, that upon any such refunding or repayment of mental health
services facilities improvement bonds and/or mental health services
facilities improvement notes the total aggregate principal amount of
outstanding mental health services facilities improvement bonds and
mental health facilities improvement notes may be greater than [ten
billion four hundred seventy-six million seven hundred seventy-three
thousand dollars $10,476,773,000] TEN BILLION NINE HUNDRED FORTY-TWO
MILLION EIGHT HUNDRED THIRTY-THREE THOUSAND DOLLARS $10,942,833,000,
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 obli-
gations 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 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 thereof. Such bonds, other than bonds issued to refund outstanding
bonds, shall be scheduled to mature over a term not to exceed the aver-
age 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 agency 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
principal authorized to be issued by the agency among the office of
S. 8006--C 297 A. 9006--C
mental health, office for people with developmental disabilities, and
the office of addiction services and supports, in consultation with
their respective commissioners to finance bondable appropriations previ-
ously approved by the legislature.
§ 39. Subdivision (a) of section 28 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 34 of part JJJ of chapter 59 of the laws of 2021, 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, one or more
authorized issuers as defined by section 68-a of the state finance law
are hereby authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed [one hundred seventy-two
million dollars $172,000,000] ONE HUNDRED NINETY-SEVEN MILLION DOLLARS
$197,000,000, 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 for public
protection facilities in the Division of Military and Naval Affairs,
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 subdivision (b) of this section 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.
§ 40. Section 53 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by section 35 of part JJJ of chapter 59 of the laws of 2021, is
amended to read as follows:
§ 53. 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 acquisition of equipment,
including but not limited to the creation or modernization of informa-
tion technology systems and related research and development equipment,
health and safety equipment, heavy equipment and machinery, the creation
or improvement of security systems, and laboratory equipment 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 [two hundred ninety-three million dollars $293,000,000]
THREE HUNDRED NINETY-THREE MILLION DOLLARS $393,000,000, 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
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
S. 8006--C 298 A. 9006--C
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 acquisi-
tion of equipment, including but not limited to the creation or modern-
ization of information technology systems and related research and
development equipment, health and safety equipment, heavy equipment and
machinery, the creation or improvement of security systems, and labora-
tory equipment 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 corporation, 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 corporation, in the aggregate, a sum not to exceed the prin-
cipal, 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 urban development corporation as
security for its bonds and notes, as authorized by this section.
§ 41. 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 36 of part JJJ of chapter 59 of the laws of 2021, 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
state for funding such projects having a cost not in excess of [twelve
billion two hundred sixty million five hundred twenty-eight thousand
dollars $12,260,528,000] THIRTEEN BILLION FIFTY-THREE MILLION EIGHT
HUNDRED EIGHTY-ONE THOUSAND DOLLARS $13,053,881,000 cumulatively by the
end of fiscal year [2021-22] 2022-23. FOR PURPOSES OF THIS SUBDIVISION,
SUCH PROJECTS SHALL BE DEEMED TO INCLUDE CAPITAL GRANTS TO CITIES, TOWNS
AND VILLAGES FOR THE REIMBURSEMENT OF ELIGIBLE CAPITAL COSTS OF LOCAL
HIGHWAY AND BRIDGE PROJECTS WITHIN SUCH MUNICIPALITY, WHERE ALLOCATIONS
TO CITIES, TOWNS AND VILLAGES ARE BASED ON THE TOTAL NUMBER OF NEW YORK
OR UNITED STATES OR INTERSTATE SIGNED TOURING ROUTE MILES FOR WHICH SUCH
MUNICIPALITY HAS CAPITAL MAINTENANCE RESPONSIBILITY, AND WHERE SUCH
ELIGIBLE CAPITAL COSTS INCLUDE THE COSTS OF CONSTRUCTION AND REPAIR OF
HIGHWAYS, BRIDGES, HIGHWAY-RAILROAD CROSSINGS, AND OTHER TRANSPORTATION
FACILITIES FOR PROJECTS WITH A SERVICE LIFE OF TEN YEARS OR MORE.
S. 8006--C 299 A. 9006--C
§ 42. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 37 of part JJJ of chapter 59 of the laws of 2021,
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 [two hundred ninety-nine million
dollars $299,000,000] THREE HUNDRED THIRTY-THREE MILLION DOLLARS
$333,000,000.
§ 43. 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 38 of part JJJ of chapter 59 of the laws of 2021, is
amended to read as follows:
§ 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 development fund, the clarkson-trudeau partnership, the New
York genome center, the cornell university college of veterinary medi-
cine, the olympic regional development authority, projects at nano
Utica, onondaga county revitalization projects, Binghamton university
school of pharmacy, New York power electronics manufacturing consortium,
regional infrastructure projects, high tech innovation and economic
development infrastructure program, high technology manufacturing
projects in Chautauqua and Erie county, an industrial scale research and
development facility in Clinton county, upstate revitalization initi-
ative projects, downstate revitalization initiative, market New York
projects, fairground buildings, equipment or facilities used to house
and promote agriculture, the state fair, the empire state trail, the
moynihan station development project, the Kingsbridge armory project,
strategic economic development projects, the cultural, arts and public
spaces fund, water infrastructure in the city of Auburn and town of
Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit projects,
ATHLETIC FACILITIES FOR PROFESSIONAL FOOTBALL IN ORCHARD PARK, NEW YORK
and other state costs associated with such projects. The aggregate prin-
cipal amount of bonds authorized to be issued pursuant to this section
shall not exceed [eleven billion two hundred seventy-nine million two
hundred two thousand dollars $11,279,202,000] FOURTEEN BILLION NINE
HUNDRED SIXTY-EIGHT MILLION FOUR HUNDRED TWO THOUSAND DOLLARS
$14,968,402,000, 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 dormitory authority and the corpo-
ration 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
S. 8006--C 300 A. 9006--C
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, projects at nano Utica, onondaga
county revitalization projects, Binghamton university school of pharma-
cy, New York power electronics manufacturing consortium, regional
infrastructure projects, New York State Capital Assistance Program for
Transportation, infrastructure, and economic development, high tech
innovation and economic development infrastructure program, high tech-
nology manufacturing projects in Chautauqua and Erie county, an indus-
trial scale research and development facility in Clinton county, upstate
revitalization initiative projects, downstate revitalization initiative,
market New York projects, fairground buildings, equipment or facilities
used to house and promote agriculture, the state fair, the empire state
trail, the moynihan station development project, the Kingsbridge armory
project, strategic economic development projects, the cultural, arts and
public spaces fund, water infrastructure in the city of Auburn and town
of Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit projects,
ATHLETIC FACILITIES FOR PROFESSIONAL FOOTBALL IN ORCHARD PARK, NEW YORK
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 dormitory 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, inter-
est, 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 corporation as security for its bonds and notes, as
authorized by this section.
S. 8006--C 301 A. 9006--C
§ 44. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 39 of part JJJ of chapter 59 of the laws of 2021, 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 [eight
billion eight hundred thirty-nine million nine hundred sixty-three thou-
sand dollars $8,839,963,000] TEN BILLION ONE HUNDRED FORTY-SEVEN MILLION
EIGHT HUNDRED SIXTY-THREE THOUSAND DOLLARS $10,147,863,000, 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 authori-
ty, 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 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.
§ 45. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 40 of part JJJ of chapter 59
of the laws of 2021, 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 [seven billion five hundred
forty-five million one hundred seven thousand dollars $7,545,107,000]
THIRTEEN BILLION EIGHTY-TWO MILLION EIGHT HUNDRED NINETY-ONE THOUSAND
DOLLARS $13,082,891,000, 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
S. 8006--C 302 A. 9006--C
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
§ 46. Subdivision 1 of section 50 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 41 of part JJJ of chapter 59 of the
laws of 2021, is amended to read as follows:
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 the state educa-
tion department, special act school districts, state-supported schools
for the blind and deaf, approved private special education schools,
non-public schools, community centers, day care facilities, residential
camps, day camps, NATIVE AMERICAN INDIAN NATION 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 [two hundred thirty-six million dollars $236,000,000] THREE
HUNDRED ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS $301,700,000, exclud-
ing 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.
§ 47. Subdivision 1 of section 47 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 42 of part JJJ of chapter 59 of the
laws of 2021, 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 office of information technology services, depart-
ment 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 [nine hundred seventy-
four million two hundred fifty-four thousand dollars $974,254,000] ONE
BILLION ONE HUNDRED FIFTY-TWO MILLION FIVE HUNDRED SIXTY-SIX THOUSAND
DOLLARS $1,152,566,000 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 previ-
ously 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. 8006--C 303 A. 9006--C
§ 48. Paragraph (b) of subdivision 1 of section 385 of the public
authorities law, as amended by section 43 of part JJJ of chapter 59 of
the laws of 2021, is amended to read as follows:
(b) The authority is hereby authorized, as additional corporate
purposes thereof solely upon the request of the director of the budget:
(i) to issue special emergency highway and bridge trust fund bonds and
notes for a term not to exceed thirty years and to incur obligations
secured by the moneys appropriated from the dedicated highway and bridge
trust fund established in section eighty-nine-b of the state finance
law; (ii) to make available the proceeds in accordance with instructions
provided by the director of the budget from the sale of such special
emergency highway and bridge trust fund bonds, notes or other obli-
gations, net of all costs to the authority in connection therewith, for
the purposes of financing all or a portion of the costs of activities
for which moneys in the dedicated highway and bridge trust fund estab-
lished in section eighty-nine-b of the state finance law are authorized
to be utilized or for the financing of disbursements made by the state
for the activities authorized pursuant to section eighty-nine-b of the
state finance law; and (iii) to enter into agreements with the commis-
sioner of transportation pursuant to section ten-e of the highway law
with respect to financing for any activities authorized pursuant to
section eighty-nine-b of the state finance law, or agreements with the
commissioner of transportation pursuant to sections ten-f and ten-g of
the highway law in connection with activities on state highways pursuant
to these sections, and (iv) to enter into service contracts, contracts,
agreements, deeds and leases with the director of the budget or the
commissioner of transportation and project sponsors and others to
provide for the financing by the authority of activities authorized
pursuant to section eighty-nine-b of the state finance law, and each of
the director of the budget and the commissioner of transportation are
hereby authorized to enter into service contracts, contracts, agree-
ments, deeds and leases with the authority, project sponsors or others
to provide for such financing. The authority shall not issue any bonds
or notes in an amount in excess of [eighteen billion one hundred fifty
million dollars $18,150,000,000] NINETEEN BILLION SEVEN HUNDRED SEVEN-
TY-SIX MILLION NINE HUNDRED TWENTY THOUSAND DOLLARS $19,776,920,000,
plus a principal amount of bonds or notes: (A) to fund capital reserve
funds; (B) to provide capitalized interest; and, (C) to fund other costs
of issuance. In computing for the purposes of this subdivision, the
aggregate amount of indebtedness evidenced by bonds and notes of the
authority issued pursuant to this section, as amended by a chapter of
the laws of nineteen hundred ninety-six, there shall be excluded the
amount of bonds or notes issued that would constitute interest under the
United States Internal Revenue Code of 1986, as amended, and the amount
of indebtedness issued to refund or otherwise repay bonds or notes.
§ 49. Subdivision 1 of section 386-a of the public authorities law, as
amended by section 44 of part JJJ of chapter 59 of the laws of 2021, 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 assisting the metropolitan transportation authority in
the financing of transportation facilities as defined in subdivision
seventeen of section twelve hundred sixty-one of this chapter or other
capital projects. The aggregate principal amount of bonds authorized to
be issued pursuant to this section shall not exceed twelve billion five
S. 8006--C 304 A. 9006--C
hundred fifteen million eight hundred fifty-six thousand dollars
$12,515,856,000, 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. Notwithstanding any other provision of law to the
contrary, including the limitations contained in subdivision four of
section sixty-seven-b of the state finance law, (A) any bonds and notes
issued prior to April first, two thousand [twenty-two] TWENTY-THREE
pursuant to this section may be issued with a maximum maturity of fifty
years, and (B) any bonds issued to refund such bonds and notes may be
issued with a maximum maturity of fifty years from the respective date
of original issuance of such bonds and notes.
§ 50. Subdivision 1 of section 1680-r of the public authorities law,
as amended by section 47 of part JJJ of chapter 59 of the laws of 2021,
is amended to read as follows:
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 health care facility transformation
programs, the essential health care provider program, and other health
care capital project costs. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed [three
billion fifty-three million dollars $3,053,000,000] FOUR BILLION SIX
HUNDRED FIFTY-THREE MILLION DOLLARS $4,653,000,000, 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
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.
§ 51. Subdivision 1 of section 1680-k of the public authorities law,
as amended by section 62 of part BBB of chapter 59 of the laws of 2018,
is amended to read as follows:
1. Subject to the provisions of chapter fifty-nine of the laws of two
thousand, but notwithstanding any provisions of law to the contrary, the
dormitory authority is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed forty
million [seven hundred fifteen thousand dollars] EIGHT HUNDRED THIRTY
S. 8006--C 305 A. 9006--C
THOUSAND DOLLARS ($40,830,000) 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 the construction
of the New York state agriculture and markets food laboratory. Eligible
project costs may include, but not be limited to the cost of design,
financing, site investigations, site acquisition and preparation, demo-
lition, construction, rehabilitation, acquisition of machinery and
equipment, and infrastructure improvements. Such bonds and notes of such
authorized issuers 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 issuers for debt
service and related expenses pursuant to any service contract executed
pursuant to subdivision two of this section 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.
§ 52. Paragraph (b) of subdivision 3 and clause (B) of subparagraph
(iii) of paragraph (j) of subdivision 4 of section 1 of part D of chap-
ter 63 of the laws of 2005 relating to the composition and responsibil-
ities of the New York state higher education capital matching grant
board, as amended by section 7 of part K of chapter 39 of the laws of
2019, are amended to read as follows:
(b) Within amounts appropriated therefor, the board is hereby author-
ized and directed to award matching capital grants totaling [three
hundred million dollars, $300,000,000] THREE HUNDRED FORTY-FIVE MILLION
DOLLARS $345,000,000. 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 [three hundred million dollars, $300,000,000] THREE
HUNDRED FORTY-FIVE MILLION DOLLARS $345,000,000 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.
§ 53. Subdivision 1 of section 51 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 42-c of part XXX of chapter 59 of the
laws of 2017, is amended to read as follows:
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 nonprofit infrastructure capital
investment program 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 hundred twenty
million dollars] ONE HUNDRED SEVENTY MILLION DOLLARS $170,000,000,
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
S. 8006--C 306 A. 9006--C
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.
§ 54. 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 54-b to read as follows:
§ 54-B. PERSONAL INCOME TAX NOTES. 1. FINDINGS AND DECLARATION OF
NEED. (A) THE STATE OF NEW YORK FINDS AND DETERMINES THAT SHORTFALLS IN
THE STATE'S FINANCIAL PLAN ARISING FROM ADVERSE ECONOMIC AND FISCAL
EVENTS AND RISKS, DISASTERS AND EMERGENCIES, INCLUDING BUT NOT LIMITED
TO, PUBLIC HEALTH EMERGENCIES, MAY OCCUR OR DEVELOP, AND THAT THE FINAN-
CIAL IMPACT OF SUCH EVENTS, RISKS, DISASTERS AND EMERGENCIES COULD BE
PRUDENTLY MITIGATED BY CERTAIN FISCAL MANAGEMENT AUTHORIZATION MEASURES
BEING LEGISLATIVELY AUTHORIZED AND ESTABLISHED.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
INCLUDING, SPECIFICALLY, THE PROVISIONS OF CHAPTER 59 OF THE LAWS OF
2000 AND SECTION SIXTY-SEVEN-B OF THE STATE FINANCE LAW, THE DORMITORY
AUTHORITY OF THE STATE OF NEW YORK AND THE CORPORATION ARE HEREBY
AUTHORIZED TO ISSUE PERSONAL INCOME TAX REVENUE ANTICIPATION NOTES WITH
A MATURITY NO LATER THAN MARCH 31, 2023, IN ONE OR MORE SERIES IN AN
AGGREGATE PRINCIPAL AMOUNT FOR EACH FISCAL YEAR NOT TO EXCEED THREE
BILLION DOLLARS, AND TO PAY COSTS OF ISSUANCE OF SUCH NOTES, FOR THE
PURPOSE OF TEMPORARILY FINANCING BUDGETARY NEEDS OF THE STATE. SUCH
PURPOSE SHALL CONSTITUTE AN AUTHORIZED PURPOSE UNDER SUBDIVISION TWO OF
SECTION SIXTY-EIGHT-A OF THE STATE FINANCE LAW FOR ALL PURPOSES OF ARTI-
CLE FIVE-C OF THE STATE FINANCE LAW WITH RESPECT TO THE NOTES AUTHORIZED
BY THIS PARAGRAPH. SUCH NOTES SHALL NOT BE RENEWED, EXTENDED OR
REFUNDED. FOR SO LONG AS ANY NOTES AUTHORIZED BY THIS PARAGRAPH SHALL BE
OUTSTANDING, THE RESTRICTIONS, LIMITATIONS AND REQUIREMENTS CONTAINED IN
ARTICLE FIVE-B OF THE STATE FINANCE LAW SHALL NOT APPLY.
(C) SUCH 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 DEBT
SERVICE AND RELATED EXPENSES PURSUANT TO ANY FINANCING AGREEMENT
DESCRIBED IN PARAGRAPH (D) OF THIS SUBDIVISION, AND SUCH NOTES SHALL
CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH EFFECT. SUCH NOTES SHALL
BE ISSUED ON A SUBORDINATE BASIS AND SHALL BE SECURED BY SUBORDINATE
PAYMENTS FROM THE REVENUE BOND TAX FUND ESTABLISHED PURSUANT TO SECTION
NINETY-TWO-Z OF THE STATE FINANCE LAW. EXCEPT FOR PURPOSES OF COMPLYING
WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED ON NOTE
PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH NOTES. ALL OF
THE PROVISIONS OF THE STATE FINANCE LAW, THE DORMITORY AUTHORITY ACT AND
THIS ACT RELATING TO NOTES AND BONDS WHICH ARE NOT INCONSISTENT WITH THE
PROVISIONS OF THIS SECTION SHALL APPLY TO NOTES AUTHORIZED BY PARAGRAPH
(B) OF THIS SUBDIVISION, INCLUDING BUT NOT LIMITED TO THE POWER TO
ESTABLISH ADEQUATE RESERVES THEREFOR, SUBJECT TO THE FINAL MATURITY
LIMITATION FOR SUCH NOTES SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVI-
SION. THE ISSUANCE OF ANY NOTES AUTHORIZED BY PARAGRAPH (B) OF THIS
S. 8006--C 307 A. 9006--C
SUBDIVISION SHALL FURTHER BE SUBJECT TO THE APPROVAL OF THE DIRECTOR OF
THE DIVISION OF THE BUDGET.
(D) NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY
BUT SUBJECT TO THE LIMITATIONS CONTAINED IN PARAGRAPH (B) OF THIS SUBDI-
VISION, IN ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE CORPORATION
IN UNDERTAKING THE ADMINISTRATION AND FINANCING OF SUCH NOTES, THE
DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO SUPPLEMENT ANY EXISTING
FINANCING AGREEMENT WITH THE DORMITORY AUTHORITY AND/OR THE CORPORATION,
OR TO ENTER INTO A NEW FINANCING AGREEMENT WITH THE DORMITORY AUTHORITY
AND/OR THE CORPORATION, UPON SUCH TERMS AND CONDITIONS AS THE DIRECTOR
OF THE BUDGET AND THE DORMITORY AUTHORITY AND THE CORPORATION SHALL
AGREE, SO AS TO PROVIDE TO THE DORMITORY AUTHORITY AND THE CORPORATION,
A SUM NOT TO EXCEED THE DEBT SERVICE PAYMENTS AND RELATED EXPENSES
REQUIRED FOR ANY NOTES ISSUED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVI-
SION. ANY FINANCING AGREEMENT SUPPLEMENTED OR 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 PURPOSES, SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY
SUCH FINANCING AGREEMENT OR ANY PAYMENTS MADE OR TO BE MADE THEREUNDER
MAY BE ASSIGNED OR PLEDGED BY THE DORMITORY AUTHORITY AND THE CORPO-
RATION AS SECURITY FOR THE NOTES AUTHORIZED BY PARAGRAPH (B) OF THIS
SUBDIVISION.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
INCLUDING SPECIFICALLY THE PROVISIONS OF SUBDIVISION 3 OF SECTION 67-B
OF THE STATE FINANCE LAW, NO CAPITAL WORK OR PURPOSE SHALL BE REQUIRED
FOR ANY ISSUANCE OF PERSONAL INCOME TAX REVENUE ANTICIPATION NOTES
ISSUED BY THE DORMITORY AUTHORITY AND THE CORPORATION PURSUANT TO PARA-
GRAPH (B) OF THIS SUBDIVISION.
(F) NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRA-
RY, THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT TO THE
CREDIT OF THE GENERAL FUND, ALL PROCEEDS OF PERSONAL INCOME TAX REVENUE
ANTICIPATION NOTES ISSUED BY THE DORMITORY AUTHORITY AND THE NEW YORK
STATE URBAN DEVELOPMENT CORPORATION PURSUANT TO PARAGRAPH (B) OF THIS
SUBDIVISION.
2. EFFECT OF INCONSISTENT PROVISIONS. INSOFAR AS THE PROVISIONS OF
THIS SECTION ARE INCONSISTENT WITH THE PROVISIONS OF ANY OTHER LAW,
GENERAL, SPECIAL, OR LOCAL, THE PROVISIONS OF THIS SECTION SHALL BE
CONTROLLING.
3. SEVERABILITY; CONSTRUCTION. THE PROVISIONS OF THIS SECTION SHALL BE
SEVERABLE, AND IF THE APPLICATION OF ANY CLAUSE, SENTENCE, PARAGRAPH,
SUBDIVISION, SECTION OR PART OF THIS SECTION TO ANY PERSON OR CIRCUM-
STANCE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE
INVALID, SUCH JUDGMENT SHALL NOT NECESSARILY AFFECT, IMPAIR OR INVALI-
DATE THE APPLICATION OF ANY SUCH CLAUSE, SENTENCE, PARAGRAPH, SUBDIVI-
SION, SECTION, PART OF THIS SECTION OR REMAINDER THEREOF, AS THE CASE
MAY BE, TO ANY OTHER PERSON OR CIRCUMSTANCE, 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.
§ 55. 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 55-b to read as follows:
S. 8006--C 308 A. 9006--C
§ 55-B. LINE OF CREDIT FACILITIES. 1. FINDINGS AND DECLARATION OF
NEED. (A) THE STATE OF NEW YORK FINDS AND DETERMINES THAT SHORTFALLS IN
THE STATE'S FINANCIAL PLAN ARISING FROM ADVERSE ECONOMIC AND FISCAL
EVENTS AND RISKS, DISASTERS AND EMERGENCIES, INCLUDING BUT NOT LIMITED
TO, PUBLIC HEALTH EMERGENCIES, MAY OCCUR OR DEVELOP, AND THAT THE FINAN-
CIAL IMPACT OF SUCH EVENTS, RISKS, DISASTERS AND EMERGENCIES COULD BE
PRUDENTLY MITIGATED BY CERTAIN FISCAL MANAGEMENT AUTHORIZATION MEASURES
BEING LEGISLATIVELY AUTHORIZED AND ESTABLISHED.
(B) DEFINITIONS. WHEN USED IN THIS SUBDIVISION:
(I) "LINE OF CREDIT FACILITY" SHALL MEAN ONE OR MORE REVOLVING CREDIT
COMMITMENT ARRANGEMENTS BETWEEN THE DORMITORY AUTHORITY OF THE STATE OF
NEW YORK AND/OR THE URBAN DEVELOPMENT CORPORATION WITH AN INDIVIDUAL
FINANCIAL INSTITUTION OR A CONSORTIUM OF FINANCIAL INSTITUTIONS FOR THE
PURPOSE OF ASSISTING THE STATE TO TEMPORARILY FINANCE ITS BUDGETARY
NEEDS.
(II) "RELATED EXPENSES AND FEES" SHALL MEAN INTEREST COSTS, COMMITMENT
FEES AND OTHER COSTS, EXPENSES AND FEES INCURRED IN CONNECTION WITH A
LINE OF CREDIT FACILITY AND/OR A SERVICE CONTRACT OR OTHER AGREEMENT OF
THE STATE SECURING SUCH LINE OF CREDIT FACILITY THAT CONTRACTUALLY OBLI-
GATES THE STATE TO PAY DEBT SERVICE SUBJECT TO AN APPROPRIATION.
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
INCLUDING, SPECIFICALLY, THE PROVISIONS OF CHAPTER 59 OF THE LAWS OF
2000 AND SECTION 67-B OF THE STATE FINANCE LAW, THE DORMITORY AUTHORITY
OF THE STATE OF NEW YORK AND THE URBAN DEVELOPMENT CORPORATION ARE
AUTHORIZED UNTIL MARCH 31, 2023 TO: (I) ENTER INTO ONE OR MORE LINE OF
CREDIT FACILITIES NOT IN EXCESS OF TWO BILLION DOLLARS IN AGGREGATE
PRINCIPAL AMOUNT; (II) DRAW, AT ONE OR MORE TIMES AT THE DIRECTION OF
THE DIRECTOR OF THE BUDGET, UPON SUCH LINE OF CREDIT FACILITIES AND
PROVIDE TO THE STATE THE AMOUNTS SO DRAWN FOR THE PURPOSE OF ASSISTING
THE STATE TO TEMPORARILY FINANCE ITS BUDGETARY NEEDS; PROVIDED, HOWEVER,
THAT THE TOTAL PRINCIPAL AMOUNTS OF SUCH DRAWS FOR EACH FISCAL YEAR
SHALL NOT EXCEED TWO BILLION DOLLARS; AND (III) SECURE REPAYMENT OF ALL
DRAWS UNDER SUCH LINE OF CREDIT FACILITIES AND THE PAYMENT OF RELATED
EXPENSES AND FEES, WHICH REPAYMENT AND PAYMENT OBLIGATIONS 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
MONEYS ARE AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE
STATE BEYOND THE MONEYS AVAILABLE FOR SUCH PURPOSE, AND THAT SUCH
PAYMENT OBLIGATION IS SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLA-
TURE. ANY LINE OF CREDIT FACILITY AGREEMENTS ENTERED INTO BY THE DORMI-
TORY AUTHORITY OF THE STATE OF NEW YORK AND/OR THE URBAN DEVELOPMENT
CORPORATION WITH FINANCIAL INSTITUTIONS PURSUANT TO THIS SECTION MAY
CONTAIN SUCH PROVISIONS THAT THE DORMITORY AUTHORITY OF THE STATE OF NEW
YORK AND/OR THE URBAN DEVELOPMENT CORPORATION DEEM NECESSARY OR DESIRA-
BLE FOR THE ESTABLISHMENT OF SUCH CREDIT FACILITIES. THE MAXIMUM TERM OF
ANY LINE OF CREDIT FACILITY SHALL BE ONE YEAR FROM THE DATE OF INCUR-
RENCE; PROVIDED HOWEVER THAT NO DRAW ON ANY SUCH LINE OF CREDIT FACILITY
SHALL OCCUR AFTER MARCH 31, 2023, AND PROVIDED FURTHER THAT ANY SUCH
LINE OF CREDIT FACILITY WHOSE TERM EXTENDS BEYOND MARCH 31, 2023 SHALL
BE SUPPORTED BY SUFFICIENT APPROPRIATION AUTHORITY ENACTED BY THE LEGIS-
LATURE THAT PROVIDES FOR THE REPAYMENT OF ALL AMOUNTS DRAWN AND REMAIN-
ING UNPAID AS OF MARCH 31, 2023, AS WELL AS THE PAYMENT OF RELATED
EXPENSES AND FEES INCURRED AND TO BECOME DUE AND PAYABLE BY THE DORMITO-
RY AUTHORITY OF THE STATE OF NEW YORK AND/OR THE URBAN DEVELOPMENT
CORPORATION.
S. 8006--C 309 A. 9006--C
(D) NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRA-
RY, THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT TO THE
CREDIT OF THE GENERAL FUND, ALL AMOUNTS PROVIDED BY THE DORMITORY
AUTHORITY OF THE STATE OF NEW YORK AND/OR THE URBAN DEVELOPMENT CORPO-
RATION TO THE STATE FROM DRAWS MADE ON ANY LINE OF CREDIT FACILITY
AUTHORIZED BY PARAGRAPH (C) OF THIS SUBDIVISION.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR SO
LONG AS ANY AMOUNTS UNDER A LINE OF CREDIT FACILITY AUTHORIZED BY PARA-
GRAPH (C) OF THIS SUBDIVISION ARE DUE AND PAYABLE, SUCH AMOUNTS SHALL
NOT CONSTITUTE NOR BE TREATED AS STATE-SUPPORTED DEBT FOR PURPOSES OF
ARTICLE 5-B OF THE STATE FINANCE LAW. AS APPLICABLE, ALL OF THE
PROVISIONS OF THE STATE FINANCE LAW, THE DORMITORY AUTHORITY ACT AND THE
NEW YORK STATE URBAN DEVELOPMENT CORPORATION ACT RELATING TO NOTES AND
BONDS WHICH ARE NOT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ANY LINE OF CREDIT FACILITY ESTABLISHED IN ACCORDANCE
WITH THE AUTHORIZATION CONTAINED IN PARAGRAPH (C) OF THIS SUBDIVISION.
(F) EACH DRAW ON A LINE OF CREDIT FACILITY AUTHORIZED BY PARAGRAPH (C)
OF THIS SUBDIVISION SHALL ONLY BE MADE IF THE SERVICE CONTRACT OR OTHER
AGREEMENT ENTERED INTO IN CONNECTION WITH SUCH LINE OF CREDIT FACILITY
IS SUPPORTED BY SUFFICIENT APPROPRIATION AUTHORITY ENACTED BY THE LEGIS-
LATURE TO REPAY THE AMOUNT OF THE DRAW AND TO PAY THE RELATED EXPENSES
AND FEES TO BECOME DUE AND PAYABLE. AMOUNTS REPAID UNDER A LINE OF CRED-
IT FACILITY MAY BE RE-BORROWED UNDER THE SAME OR ANOTHER LINE OF CREDIT
FACILITY AUTHORIZED BY PARAGRAPH (C) OF THIS SUBDIVISION PROVIDED THAT
THE LEGISLATURE HAS ENACTED SUFFICIENT APPROPRIATION AUTHORITY THAT
PROVIDES FOR THE REPAYMENT OF ANY SUCH RE-BORROWED AMOUNTS AND THE
PAYMENT OF THE RELATED EXPENSES AND FEES TO BECOME DUE AND PAYABLE.
NEITHER THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK NOR THE URBAN
DEVELOPMENT CORPORATION SHALL HAVE ANY FINANCIAL LIABILITY FOR THE
REPAYMENT OF DRAWS UNDER ANY LINE OF CREDIT FACILITY AUTHORIZED BY PARA-
GRAPH (C) OF THIS SUBDIVISION AND THE PAYMENT OF THE RELATED EXPENSES
AND FEES BEYOND THE MONEYS RECEIVED FOR SUCH PURPOSE UNDER ANY SERVICE
CONTRACT OR OTHER AGREEMENT AUTHORIZED BY PARAGRAPH (G) OF THIS SUBDIVI-
SION.
(G) THE DIRECTOR OF THE BUDGET IS AUTHORIZED TO ENTER INTO ONE OR MORE
SERVICE CONTRACTS OR OTHER AGREEMENTS, NONE OF WHICH SHALL EXCEED ONE
YEAR IN DURATION, WITH THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK
AND/OR THE URBAN DEVELOPMENT CORPORATION, UPON SUCH TERMS AND CONDITIONS
AS THE DIRECTOR OF THE BUDGET AND DORMITORY AUTHORITY OF THE STATE OF
NEW YORK AND/OR THE URBAN DEVELOPMENT CORPORATION SHALL AGREE. ANY
SERVICE CONTRACT OR OTHER AGREEMENT ENTERED INTO PURSUANT TO THIS PARA-
GRAPH SHALL PROVIDE FOR STATE COMMITMENTS TO PROVIDE ANNUALLY TO THE
DORMITORY AUTHORITY OF THE STATE OF NEW YORK AND/OR THE URBAN DEVELOP-
MENT CORPORATION A SUM OR SUMS, UPON SUCH TERMS AND CONDITIONS AS SHALL
BE DEEMED APPROPRIATE BY THE DIRECTOR OF THE BUDGET AND THE DORMITORY
AUTHORITY OF THE STATE OF NEW YORK AND/OR THE URBAN DEVELOPMENT CORPO-
RATION, TO FUND THE PAYMENT OF ALL AMOUNTS TO BECOME DUE AND PAYABLE
UNDER ANY LINE OF CREDIT FACILITY. ANY SUCH SERVICE CONTRACT OR OTHER
AGREEMENT SHALL PROVIDE THAT THE OBLIGATION OF THE DIRECTOR OF THE BUDG-
ET OR OF THE STATE TO FUND OR TO PAY THE AMOUNTS THEREIN PROVIDED FOR
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 MONEYS ARE AVAILABLE AND THAT NO LIABILITY SHALL BE
INCURRED BY THE STATE BEYOND THE MONEYS AVAILABLE FOR SUCH PURPOSE, AND
THAT SUCH OBLIGATION IS SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLA-
TURE.
S. 8006--C 310 A. 9006--C
(H) ANY SERVICE CONTRACT OR OTHER AGREEMENT ENTERED INTO PURSUANT TO
PARAGRAPH (G) OF THIS SUBDIVISION OR ANY PAYMENTS MADE OR TO BE MADE
THEREUNDER MAY BE ASSIGNED AND PLEDGED BY THE DORMITORY AUTHORITY OF THE
STATE OF NEW YORK AND/OR THE URBAN DEVELOPMENT CORPORATION AS SECURITY
FOR ANY RELATED PAYMENT OBLIGATION IT MAY HAVE WITH ONE OR MORE FINAN-
CIAL INSTITUTIONS IN CONNECTION WITH A LINE OF CREDIT FACILITY AUTHOR-
IZED BY PARAGRAPH (C) OF THIS SUBDIVISION.
(I) IN ADDITION TO THE FOREGOING, THE DIRECTOR OF THE BUDGET, THE
DORMITORY AUTHORITY OF THE STATE OF NEW YORK AND THE URBAN DEVELOPMENT
CORPORATION SHALL EACH BE AUTHORIZED TO ENTER INTO SUCH OTHER AGREEMENTS
AND TO TAKE OR CAUSE TO BE TAKEN SUCH ADDITIONAL ACTIONS AS ARE NECES-
SARY OR DESIRABLE TO EFFECTUATE THE PURPOSES OF THE TRANSACTIONS CONTEM-
PLATED BY A LINE OF CREDIT FACILITY AND THE RELATED SERVICE CONTRACT OR
OTHER AGREEMENT, SUBJECT TO THE LIMITATIONS AND RESTRICTIONS SET FORTH
IN THIS SUBDIVISION.
(J) NO LATER THAN SEVEN DAYS AFTER A DRAW OCCURS ON A LINE OF CREDIT
FACILITY, THE DIRECTOR OF THE BUDGET SHALL PROVIDE NOTIFICATION OF SUCH
DRAW TO THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY.
2. EFFECT OF INCONSISTENT PROVISIONS. INSOFAR AS THE PROVISIONS OF
THIS SECTION ARE INCONSISTENT WITH THE PROVISIONS OF ANY OTHER LAW,
GENERAL, SPECIAL, OR LOCAL, THE PROVISIONS OF THIS ACT SHALL BE CONTROL-
LING.
3. SEVERABILITY; CONSTRUCTION. THE PROVISIONS OF THIS SECTION SHALL BE
SEVERABLE, AND IF THE APPLICATION OF ANY CLAUSE, SENTENCE, PARAGRAPH,
SUBDIVISION, SECTION OR PART OF THIS SECTION TO ANY PERSON OR CIRCUM-
STANCE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE
INVALID, SUCH JUDGMENT SHALL NOT NECESSARILY AFFECT, IMPAIR OR INVALI-
DATE THE APPLICATION OF ANY SUCH CLAUSE, SENTENCE, PARAGRAPH, SUBDIVI-
SION, SECTION, PART OF THIS SECTION OR REMAINDER THEREOF, AS THE CASE
MAY BE, TO ANY OTHER PERSON OR CIRCUMSTANCE, 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.
§ 56. 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 58 to read as follows:
§ 58. GATEWAY PROJECT. 1. FINDINGS AND DECLARATION OF NEED. THE STATE
OF NEW YORK FINDS AND DETERMINES THAT PROVIDING FUNDING FOR THE PASSEN-
GER RAIL TRANSPORTATION PROJECT COMMONLY KNOWN AS THE GATEWAY PROJECT,
IS NEEDED TO PRESERVE AND IMPROVE THE FUNCTIONALITY AND STRENGTHEN THE
RESILIENCY OF LONG-DISTANCE AND COMMUTER RAIL INFRASTRUCTURE BETWEEN THE
STATE OF NEW YORK AND THE STATE OF NEW JERSEY.
2. DEFINITIONS. WHEN USED IN THIS SECTION:
"COMMISSION" SHALL MEAN THE GATEWAY DEVELOPMENT COMMISSION, A BI-STATE
COMMISSION AND A BODY CORPORATE AND POLITIC ESTABLISHED BY THE STATE OF
NEW JERSEY AND THE STATE OF NEW YORK, ACTING IN THE PUBLIC INTEREST AND
EXERCISING ESSENTIAL GOVERNMENTAL FUNCTIONS IN ACCORDANCE WITH THE GATE-
WAY DEVELOPMENT COMMISSION ACT, AND ANY SUCCESSOR THERETO.
"FEDERAL TRANSPORTATION LOAN" SHALL MEAN ONE OR MORE LOANS MADE TO THE
COMMISSION TO FINANCE THE HUDSON TUNNEL PROJECT UNDER OR PURSUANT TO ANY
U.S. DEPARTMENT OF TRANSPORTATION PROGRAM OR ACT, INCLUDING BUT NOT
LIMITED TO THE RAILROAD REHABILITATION & IMPROVEMENT FINANCING PROGRAM
OR THE TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT, WHICH
LOAN OR LOANS ARE RELATED TO THE STATE CAPITAL COMMITMENT.
S. 8006--C 311 A. 9006--C
"GATEWAY DEVELOPMENT COMMISSION ACT" SHALL MEAN CHAPTER 108 OF THE
LAWS OF NEW YORK, 2019, AS AMENDED.
"GATEWAY PROJECT" SHALL MEAN THE HUDSON TUNNEL PROJECT.
"HUDSON TUNNEL PROJECT" SHALL MEAN THE PROJECT CONSISTING OF
CONSTRUCTION OF A TUNNEL CONNECTING THE STATES OF NEW YORK AND NEW
JERSEY AND THE COMPLETION OF CERTAIN ANCILLARY FACILITIES INCLUDING
CONSTRUCTION OF CONCRETE CASING AT HUDSON YARDS IN MANHATTAN, NEW YORK
AND THE REHABILITATION OF THE EXISTING NORTH RIVER TUNNELS.
"STATE CAPITAL COMMITMENT" SHALL MEAN AN AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED $2,350,000,000, PLUS ANY INTEREST COSTS, INCLUDING CAPI-
TALIZED INTEREST, AND RELATED EXPENSES AND FEES PAYABLE BY THE STATE OF
NEW YORK TO THE COMMISSION UNDER ONE OR MORE SERVICE CONTRACTS OR OTHER
AGREEMENTS PURSUANT TO THIS SECTION, AS WELL AS ANY EXPENSES OF THE
STATE INCURRED IN CONNECTION THEREWITH.
"RELATED EXPENSES AND FEES" SHALL MEAN COMMITMENT FEES AND OTHER
ANCILLARY COSTS, EXPENSES AND FEES INCURRED, AND TO BECOME DUE AND PAYA-
BLE, BY THE COMMISSION IN CONNECTION WITH THE FEDERAL TRANSPORTATION
LOAN.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
ORDER TO PROVIDE FOR THE PAYMENT FOR THE STATE CAPITAL COMMITMENT, THE
DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO ENTER INTO ONE OR MORE
SERVICE CONTRACTS OR OTHER AGREEMENTS WITH THE COMMISSION, NONE OF WHICH
SHALL EXCEED THE MAXIMUM DURATION OF THE FEDERAL TRANSPORTATION LOAN,
UPON SUCH TERMS AND CONDITIONS AS THE DIRECTOR OF THE BUDGET AND COMMIS-
SION AGREE, SO AS TO PROVIDE TO THE COMMISSION, FOR EACH STATE FISCAL
YEAR, A SUM NOT TO EXCEED THE AMOUNT REQUIRED FOR THE PAYMENT OF THE
STATE CAPITAL COMMITMENT FOR SUCH FISCAL YEAR. ANY SUCH SERVICE CONTRACT
OR OTHER AGREEMENT 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, THAT
NO LIABILITY SHALL BE INCURRED BY THE STATE BEYOND THE MONIES AVAILABLE
FOR SUCH PURPOSE, AND THAT SUCH OBLIGATION IS SUBJECT TO ANNUAL APPRO-
PRIATION BY THE LEGISLATURE. ANY SUCH SERVICE CONTRACT OR OTHER AGREE-
MENT AND ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED AND
PLEDGED BY THE COMMISSION AS SECURITY FOR THE REPAYMENT BY THE COMMIS-
SION OF THE FEDERAL TRANSPORTATION LOAN.
4. THE DIRECTOR OF THE BUDGET IS ALSO AUTHORIZED TO ENTER INTO SUCH
OTHER AGREEMENTS AND TO TAKE OR CAUSE TO BE TAKEN SUCH ADDITIONAL
ACTIONS AS ARE NECESSARY OR DESIRABLE TO EFFECTUATE THE PURPOSES OF THE
TRANSACTIONS CONTEMPLATED BY THE STATE CAPITAL COMMITMENT PROVIDED FOR
HEREIN AND THE SERVICE CONTRACT OR OTHER AGREEMENT AUTHORIZED BY SUBDI-
VISION 3 OF THIS SECTION.
§ 57. Subdivisions 4 and 5 of section 16 of part T of chapter 57 of
the laws of 2007, relating to providing for the administration of
certain funds and accounts related to the 2007-2008 budget, are
REPEALED.
§ 58. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2023, the following amounts from
the following special revenue accounts or enterprise funds to the gener-
al fund, for the purposes of offsetting principal and interest costs,
incurred by the state pursuant to section fifty-nine of this act,
provided that the annual amount of the transfer shall be no more than
the principal and interest that would have otherwise been due to the
power authority of the state of New York, from any state agency, in a
S. 8006--C 312 A. 9006--C
given state fiscal year. Amounts pertaining to special revenue accounts
assigned to the state university of New York shall be considered inter-
changeable between the designated special revenue accounts as to meet
the requirements of this section and section fifty-nine of this act:
1. $7,000,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
2. $7,000,000 from the miscellaneous special revenue fund, state
university dormitory income reimbursable account (21937).
3. $4,000,000 from the enterprise fund, city university senior college
operating fund (60851).
§ 59. 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 59 to read as follows:
§ 59. THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK, THE NEW YORK
STATE URBAN DEVELOPMENT CORPORATION, AND THE NEW YORK STATE THRUWAY
AUTHORITY ARE HEREBY AUTHORIZED TO ISSUE BONDS IN ONE OR MORE SERIES
UNDER EITHER ARTICLE 5-C OR ARTICLE 5-F OF THE STATE FINANCE LAW FOR THE
PURPOSE OF REFUNDING OBLIGATIONS OF THE POWER AUTHORITY OF THE STATE OF
NEW YORK TO FUND ENERGY EFFICIENCY PROJECTS AT STATE AGENCIES INCLUDING,
BUT NOT LIMITED TO, THE STATE UNIVERSITY OF NEW YORK, CITY UNIVERSITY OF
NEW YORK, THE NEW YORK STATE OFFICE OF GENERAL SERVICES, NEW YORK STATE
OFFICE OF MENTAL HEALTH, STATE EDUCATION DEPARTMENT, AND NEW YORK STATE
DEPARTMENT OF AGRICULTURE AND MARKETS. THE AGGREGATE PRINCIPAL AMOUNT
OF BONDS AUTHORIZED TO BE ISSUED PURSUANT TO THIS SECTION SHALL NOT
EXCEED TWO HUNDRED MILLION DOLLARS ($200,000,000), EXCLUDING BONDS
ISSUED TO PAY COSTS OF ISSUANCE OF SUCH BONDS AND TO REFUND OR OTHERWISE
REPAY SUCH BONDS. SUCH BONDS ISSUED BY THE DORMITORY AUTHORITY OF THE
STATE OF NEW YORK, THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION, AND
NEW YORK STATE THRUWAY AUTHORITY 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 UNDER ARTICLE 5-C
OR ARTICLE 5-F OF THE STATE FINANCE LAW, AS APPLICABLE.
§ 60. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2022; provided,
however, that the provisions of sections one, one-a, two, three, four,
five, six, seven, eight, thirteen, fourteen, fifteen, sixteen, seven-
teen, eighteen, nineteen, twenty, twenty-two, and twenty-three of this
act shall expire March 31, 2023 when upon such date the provisions of
such sections shall be deemed repealed; provided, further, that the
amendments to section 89-h of the state finance law made by section
twenty-eight of this act shall not affect the repeal of such section and
shall be deemed repealed therewith; and provided, further, that section
twenty-eight-a of this act shall expire March 31, 2027.
§ 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.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through FFF of this act shall
be as specifically set forth in the last section of such Parts.