assembly Bill A3761

Relates to exempting real property purchased by first-time homebuyers from real property taxation

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Bill Status


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

actions

Summary

Permits localities to grant a real property tax exemption for first-time homebuyers; provides declining exemption from 40% to 10% decreased over five years for first-time buyers of property within certain purchase price limits set by SONYMA.

Bill Details

Versions:
A3761
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Add §457-a, RPT L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3761

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. RA -- read once and referred to the Committee on
  Real Property Taxation

AN ACT to amend the real property tax law, in relation to exempting real
  property purchased by first-time homebuyers from real  property  taxa-
  tion

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

  Section 1. The real property tax  law  is  amended  by  adding  a  new
section 457-a to read as follows:
  S  457-A.  EXEMPTION FOR FIRST-TIME HOMEBUYERS. 1. PRIMARY RESIDENTIAL
PROPERTY PURCHASED BY ONE OR MORE PERSONS, EACH OF WHOM IS A  FIRST-TIME
HOMEBUYER  AND  HAS  NOT  BEEN MARRIED TO A HOMEOWNER IN THE THREE YEARS
PRIOR TO APPLYING FOR THIS FIRST-TIME  HOMEOWNERS  EXEMPTION,  SHALL  BE
EXEMPT  FROM  TAXATION LEVIED BY OR ON BEHALF OF ANY COUNTY, CITY, TOWN,
VILLAGE OR  SCHOOL  DISTRICT  IN  WHICH  SUCH  RESIDENTIAL  PROPERTY  IS
LOCATED,  PROVIDED THE LEGISLATIVE BODY OR GOVERNING BOARD OF SUCH COUN-
TY, CITY, TOWN OR VILLAGE, AFTER PUBLIC HEARING, ADOPTS A LOCAL LAW,  OR
A  SCHOOL DISTRICT, OTHER THAN A SCHOOL DISTRICT TO WHICH ARTICLE FIFTY-
TWO OF THE EDUCATION LAW APPLIES, ADOPTS A RESOLUTION  PROVIDING  THERE-
FOR.  THE  LENGTH OF SUCH EXEMPTION SHALL BE SET FORTH IN SUCH LOCAL LAW
OR RESOLUTION, BUT  IN  NO  EVENT  SHALL  IT  EXCEED  FIVE  YEARS.  SUCH
EXEMPTION SHALL BE COMPUTED IN ACCORDANCE WITH THE FOLLOWING TABLE:

          YEAR OF EXEMPTION             PERCENTAGE ASSESSED
                                        VALUATION EXEMPT FROM TAX
          1                             40
          2                             30
          3                             25
          4                             25
          5                             10
          6 OR MORE                     0

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04233-01-5

A. 3761                             2

  A  COPY  OF  SUCH  LOCAL  LAWS  OR RESOLUTIONS SHALL BE FILED WITH THE
COMMISSIONER AND THE ASSESSOR OF SUCH COUNTY, CITY, TOWN, OR VILLAGE WHO
PREPARES THE ASSESSMENT ROLL ON WHICH THE TAXES OF  SUCH  COUNTY,  CITY,
TOWN, VILLAGE OR SCHOOL DISTRICT ARE LEVIED.
  2. (A) ANY PRIMARY RESIDENTIAL REAL PROPERTY WITHIN THE PURCHASE PRICE
LIMITS  DEFINED  BY  THE  STATE OF NEW YORK MORTGAGE AGENCY LOW INTEREST
RATE MORTGAGE PROGRAM IN THE NON-TARGET, ONE FAMILY NEW CATEGORY FOR THE
COUNTY WHERE SUCH PROPERTY IS LOCATED AND IN EFFECT ON THE CONTRACT DATE
FOR THE PURCHASE AND SALE OF SUCH PROPERTY, SHALL BE  ELIGIBLE  FOR  THE
EXEMPTION ALLOWED PURSUANT TO THIS SECTION.
  (B) A FIRST-TIME HOMEBUYER SHALL NOT QUALIFY FOR THE EXEMPTION AUTHOR-
IZED  PURSUANT  TO  THIS  SECTION IF THE HOUSEHOLD INCOME EXCEEDS INCOME
LIMITS DEFINED BY THE STATE OF NEW YORK  MORTGAGE  AGENCY  LOW  INTEREST
RATE  MORTGAGE  PROGRAM  IN THE NON-TARGET, ONE AND TWO PERSON HOUSEHOLD
CATEGORY FOR THE COUNTY WHERE SUCH PROPERTY IS LOCATED AND IN EFFECT  ON
THE CONTRACT DATE FOR THE PURCHASE AND SALE OF SUCH PROPERTY.
  (I)  THE  TERM  "HOUSEHOLD INCOME" AS USED HEREIN SHALL MEAN THE TOTAL
COMBINED INCOME OF ALL THE OWNERS, AND OF ANY OWNERS'  SPOUSES  RESIDING
ON  THE  PREMISES,  FOR THE INCOME TAX YEAR PRECEDING THE DATE OF MAKING
APPLICATION FOR THE EXEMPTION.
  (II) THE TERM "INCOME" AS USED HEREIN SHALL MEAN THE  "ADJUSTED  GROSS
INCOME"  FOR  FEDERAL INCOME TAX PURPOSES AS REPORTED ON THE APPLICANT'S
LATEST AVAILABLE FEDERAL OR STATE  INCOME  TAX  RETURN  SUBJECT  TO  ANY
SUBSEQUENT  AMENDMENTS  OR  REVISIONS,  REDUCED BY DISTRIBUTIONS, TO THE
EXTENT INCLUDED IN FEDERAL ADJUSTED GROSS INCOME, RECEIVED FROM AN INDI-
VIDUAL RETIREMENT ACCOUNT AND AN INDIVIDUAL RETIREMENT ANNUITY; PROVIDED
THAT IF NO SUCH RETURN WAS FILED WITHIN THE ONE  YEAR  PERIOD  PRECEDING
TAXABLE  STATUS DATE, "INCOME" SHALL MEAN THE ADJUSTED GROSS INCOME THAT
WOULD HAVE BEEN SO REPORTED  IF  SUCH  A  RETURN  HAD  BEEN  FILED.  FOR
PURPOSES  OF  THIS SUBDIVISION, "LATEST AVAILABLE RETURN" SHALL MEAN THE
FEDERAL OR STATE INCOME TAX RETURN FOR THE  YEAR  IMMEDIATELY  PRECEDING
THE DATE OF MAKING APPLICATION, PROVIDED HOWEVER, THAT IF THE TAX RETURN
FOR SUCH TAX YEAR HAS NOT BEEN FILED, THEN THE INCOME TAX RETURN FOR THE
TAX  YEAR  TWO  YEARS  PRECEDING THE DATE OF MAKING APPLICATION SHALL BE
CONSIDERED THE LATEST AVAILABLE.
  3. PRIMARY RESIDENTIAL PROPERTY PURCHASED BY FIRST-TIME HOMEBUYERS  AT
A SALES PRICE GREATER THAN THE MAXIMUM ELIGIBLE SALES PRICE SHALL QUALI-
FY  FOR  THE EXEMPTION ALLOWED PURSUANT TO THIS SECTION FOR THAT PORTION
OF THE SALES PRICE OF SUCH NEWLY CONSTRUCTED PRIMARY RESIDENTIAL PROPER-
TY EQUAL TO THE MAXIMUM ELIGIBLE SALES PRICE,  PROVIDED,  HOWEVER,  THAT
ANY  NEWLY CONSTRUCTED PRIMARY RESIDENTIAL PROPERTY PURCHASED AT A SALES
PRICE GREATER THAN FIFTEEN PERCENT  ABOVE  THE  MAXIMUM  ELIGIBLE  SALES
PRICE SHALL NOT BE ALLOWED ANY EXEMPTION.
  4.  THE LEGISLATIVE BODY OR GOVERNING BOARD OF A COUNTY, CITY, TOWN OR
VILLAGE MAY ADOPT A LOCAL LAW, OR A SCHOOL DISTRICT, OTHER THAN A SCHOOL
DISTRICT TO WHICH ARTICLE FIFTY-TWO OF THE  EDUCATION  LAW  APPLIES  MAY
ADOPT  A RESOLUTION TO PROVIDE FOR AN INCREASE NOT TO EXCEED TWENTY-FIVE
PER CENTUM ON THE PURCHASE PRICE LIMIT  USED  FOR  ELIGIBILITY  FOR  THE
EXEMPTION PROVIDED FOR IN THIS SECTION.
  5.  NO  EXEMPTION  SHALL  BE  ALLOWED PURSUANT TO THIS SECTION FOR ANY
PRIMARY RESIDENTIAL PROPERTY PURCHASED BY A FIRST-TIME HOMEBUYER  ON  OR
AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN, UNLESS SUCH PURCHASE
IS PURSUANT TO A BINDING WRITTEN CONTRACT ENTERED INTO PRIOR TO DECEMBER
THIRTY-FIRST,  TWO  THOUSAND  NINETEEN.    PROVIDED,  HOWEVER,  THAT ANY
FIRST-TIME HOMEBUYER WHO  IS  ALLOWED  AN  EXEMPTION  PURSUANT  TO  THIS

A. 3761                             3

SECTION  PRIOR  TO  SUCH  DATE  SHALL  CONTINUE  TO  BE  ALLOWED FURTHER
EXEMPTIONS PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
  6.  (A)  NO  PORTION  OF  A SINGLE FAMILY PRIMARY RESIDENTIAL PROPERTY
SHALL BE LEASED DURING THE PERIOD OF TIME WHEN THE FIRST-TIME  HOMEOWNER
EXEMPTION  SHALL  APPLY  TO  THE RESIDENCE. IF ANY PORTION OF THE SINGLE
FAMILY NEWLY CONSTRUCTED PRIMARY RESIDENTIAL PROPERTY IS FOUND TO BE THE
SUBJECT  OF  A  LEASE  AGREEMENT  THE  ASSESSOR  SHALL  DISCONTINUE  ANY
EXEMPTION GRANTED PURSUANT TO THIS SECTION.
  (B)  IN  THE  EVENT  THAT  A  PRIMARY  RESIDENTIAL PROPERTY GRANTED AN
EXEMPTION PURSUANT TO THIS SECTION CEASES TO BE USED PRIMARILY FOR RESI-
DENTIAL PURPOSES OR TITLE THERETO IS TRANSFERRED TO OTHER THAN THE HEIRS
OR DISTRIBUTEES OF THE OWNER, THE EXEMPTION  GRANTED  PURSUANT  TO  THIS
SECTION SHALL BE DISCONTINUED.
  (C)  UPON  DETERMINING  THAT  AN  EXEMPTION  GRANTED  PURSUANT TO THIS
SECTION SHOULD BE DISCONTINUED, THE ASSESSOR  SHALL  MAIL  A  NOTICE  SO
STATING  TO  THE  OWNER  OR OWNERS THEREOF AT THE TIME AND IN THE MANNER
PROVIDED BY SECTION FIVE HUNDRED TEN OF  THIS  CHAPTER.  SUCH  OWNER  OR
OWNERS  SHALL  BE ENTITLED TO SEEK ADMINISTRATIVE AND JUDICIAL REVIEW OF
SUCH ACTION IN THE MANNER PROVIDED BY  LAW,  PROVIDED  THAT  THE  BURDEN
SHALL  BE  ON  SUCH  OWNER  OR  OWNERS  TO ESTABLISH ELIGIBILITY FOR THE
EXEMPTION.
  7. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE  OWNER
OF  SUCH BUILDING ON A FORM PRESCRIBED BY THE COMMISSIONER. THE APPLICA-
TION SHALL BE FILED WITH THE ASSESSOR OF  THE  CITY,  TOWN,  VILLAGE  OR
COUNTY HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION ON OR BEFORE THE
APPROPRIATE TAXABLE STATUS DATE OF SUCH CITY, TOWN, VILLAGE AND COUNTY.
  8.  IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU-
ANT TO THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION AND SUCH
PRIMARY RESIDENTIAL PROPERTY SHALL THEREAFTER BE  EXEMPT  FROM  TAXATION
AND  SPECIAL  AD  VALOREM  LEVIES AS PROVIDED IN THIS SECTION COMMENCING
WITH THE ASSESSMENT ROLL PREPARED ON THE BASIS  OF  THE  TAXABLE  STATUS
DATE  REFERRED  TO  IN  SUBDIVISION  SEVEN OF THIS SECTION. THE ASSESSED
VALUE OF ANY EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED
BY THE ASSESSOR ON THE ASSESSMENT ROLL WITH THE TAXABLE  PROPERTY,  WITH
THE AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
  9.  FOR  PURPOSES  OF THIS SECTION: (A) "FIRST-TIME HOMEBUYER" MEANS A
PERSON WHO HAS NOT OWNED A  PRIMARY  RESIDENTIAL  PROPERTY  AND  IS  NOT
MARRIED  TO  A  PERSON  WHO  HAS OWNED A RESIDENTIAL PROPERTY DURING THE
THREE-YEAR PERIOD PRIOR TO HIS OR HER PURCHASE OF THE  PRIMARY  RESIDEN-
TIAL PROPERTY, AND WHO DOES NOT OWN A VACATION OR INVESTMENT HOME.
  (B)  "PRIMARY RESIDENTIAL PROPERTY" MEANS ANY ONE OR TWO FAMILY HOUSE,
TOWNHOUSE OR CONDOMINIUM LOCATED IN THIS STATE WHICH IS  OWNER  OCCUPIED
BY SUCH HOMEBUYER.
  S 2. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2016.

assembly Bill A3760

Exempts from state income taxation the first $250,000 earned by four-year college graduates or the first $150,000 earned by two-year graduates

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Sponsor

Bill Status


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

actions

Summary

Enacts the graduate outreach assistance law to exempt from state income taxation the first two hundred fifty thousand dollars, with a fifty thousand dollar cap per year, earned by a four-year college graduate and the first one hundred fifty thousand dollars, with a twenty-five thousand dollar cap per year, earned by a two-year college graduate.

Bill Details

Versions:
A3760
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §605, Tax L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3760

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. TEDISCO, KOLB, MONTESANO -- Multi-Sponsored by --
  M.  of  A. HAWLEY, RA, TENNEY, THIELE -- read once and referred to the
  Committee on Ways and Means

AN ACT to amend the tax  law,  in  relation  to  enacting  the  graduate
  outreach assistance law to exempt from state income taxation the first
  two hundred fifty thousand dollars earned by a college graduate

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

  Section 1. This act shall be known and may be cited as  the  "graduate
outreach assistance law".
  S  2.  Paragraph 3 of subsection (a) of section 605 of the tax law, as
added by chapter 28 of the laws of 1987, is amended to read as follows:
  (3) Accounting methods. (A) A taxpayer's method  of  accounting  under
this  article  shall  be the same as his OR HER method of accounting for
federal income tax purposes, WITH THE EXCEPTION  OF  THE  PROVISIONS  OF
SUBPARAGRAPH  (B)  OF  THIS PARAGRAPH.   In the absence of any method of
accounting for federal income tax  purposes,  New  York  taxable  income
shall be computed under such method as in the opinion of the tax commis-
sion clearly reflects income.
  (B)  FOR  THE PURPOSE OF COMPUTING NEW YORK TAXABLE INCOME, A TAXPAYER
SHALL NOT BE REQUIRED TO INCLUDE  IN  SUCH  COMPUTATION  THE  FIRST  TWO
HUNDRED FIFTY THOUSAND DOLLARS, WITH A CAP OF FIFTY THOUSAND DOLLARS PER
TAXABLE  YEAR,  HE OR SHE EARNS FOLLOWING GRADUATION FROM ANY COLLEGE OR
UNIVERSITY HAVING ATTAINED A FOUR-YEAR DEGREE OR HIGHER,  OR  THE  FIRST
ONE  HUNDRED  FIFTY THOUSAND DOLLARS, WITH A CAP OF TWENTY-FIVE THOUSAND
DOLLARS PER TAXABLE YEAR, HE OR SHE EARNS FOLLOWING GRADUATION FROM  ANY
COLLEGE OR UNIVERSITY HAVING ATTAINED A TWO-YEAR DEGREE.
  S  3. This act shall take effect immediately, and shall apply to taxa-
ble years beginning the first of January following the effective date of
this act.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02653-01-5

assembly Bill A3723

Increases the exemption of self-employment earnings from the metropolitan commuter transportation mobility tax from $50,000 to $100,000

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Sponsor

Bill Status


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

actions

Summary

Increases the exemption of self-employment earnings from the metropolitan commuter transportation mobility tax from $50,000 to $100,000.

Bill Details

Versions:
A3723
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §801, Tax L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3723

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M. of A. GLICK, PAULIN, ABINANTI, FARRELL -- Multi-Spon-
  sored by -- M. of A.  ABBATE -- read once and referred to the  Commit-
  tee on Ways and Means

AN  ACT  to  amend the tax law, in relation to exempting self-employment
  earnings of one hundred thousand dollars or less from the metropolitan
  commuter transportation mobility tax

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

  Section 1. Subsection (a) of section 801 of the tax law, as amended by
section  1  of  part  N of chapter 59 of the laws of 2012, is amended to
read as follows:
  (a) For the sole purpose of providing an additional stable  and  reli-
able  dedicated  funding  source  for  the  metropolitan  transportation
authority and its subsidiaries and affiliates to preserve,  operate  and
improve  essential  transit and transportation services in the metropol-
itan commuter transportation  district,  a  tax  is  hereby  imposed  on
employers  and  individuals  as follows: (1) For employers who engage in
business within the MCTD, the tax is imposed at a  rate  of  (A)  eleven
hundredths  (.11)  percent  of  the  payroll  expense for employers with
payroll expense no greater  than  three  hundred  seventy-five  thousand
dollars  in  any  calendar  quarter,  (B)  twenty-three hundredths (.23)
percent of the payroll expense for employers with payroll expense great-
er than three hundred seventy-five thousand dollars and no greater  than
four  hundred thirty-seven thousand five hundred dollars in any calendar
quarter, and (C) thirty-four hundredths (.34)  percent  of  the  payroll
expense  for  employers  with  payroll expense in excess of four hundred
thirty-seven thousand five hundred dollars in any calendar  quarter.  If
the  employer  is  a  professional  employer organization, as defined in
section nine hundred sixteen of the labor law, the employer's tax  shall
be  calculated  by  determining the payroll expense attributable to each
client who has entered into a professional employer agreement with  such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03884-01-5

A. 3723                             2

organization  and  the payroll expense attributable to such organization
itself, multiplying each of those payroll expense amounts by the  appli-
cable rate set forth in this paragraph and adding those products togeth-
er.  (2)  For  individuals,  the tax is imposed at a rate of thirty-four
hundredths (.34) percent of the net  earnings  from  self-employment  of
individuals that are attributable to the MCTD if such earnings attribut-
able to the MCTD exceed [fifty] ONE HUNDRED thousand dollars for the tax
year.
  S 2. This act shall take effect April 1, 2016.

assembly Bill A3716

Increases the crime victim's assistance fee, creates a crime victim's lien and creates a crime victim's assistance account

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Sponsor

Bill Status


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

actions

Summary

Increases the mandatory surcharge and the crime victim's assistance fee which is levied upon any person convicted of a crime or violation in this state; creates a crime victim's lien which allows such recovery against a convicted offender in the amount of the unpaid portion of the mandatory surcharge or the crime victim's assistance fee; creates a crime victim's assistance account.

Bill Details

Versions:
A3716
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §§80.00, 80.05 & 60.35, Pen L; add §94-c, St Fin L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3716

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. DiPIETRO, KOLB -- Multi-Sponsored by -- M. of A.
  OAKS, TENNEY -- read once and referred to the Committee on Codes

AN ACT to amend the penal law and the state finance law, in relation  to
  increasing  the  crime  victim's  assistance  fee,  creating  a  crime
  victim's lien and creating a crime victim's assistance account

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

  Section  1.  Section 80.00 of the penal law is amended by adding a new
subdivision 8 to read as follows:
  8. THE TERM "FINE" AS DEFINED IN THIS  SECTION  SHALL  NOT  INCLUDE  A
MANDATORY  SURCHARGE  OR  A  CRIME VICTIM'S ASSISTANCE FEE AS DEFINED IN
SECTION 60.35 OF THIS TITLE.
  S 2. Section 80.05 of the penal law is amended by adding a new  subdi-
vision 7 to read as follows:
  7.  THE  TERM  "FINE"  AS  DEFINED IN THIS SECTION SHALL NOT INCLUDE A
MANDATORY SURCHARGE OR A CRIME VICTIM'S ASSISTANCE  FEE  AS  DEFINED  IN
SECTION 60.35 OF THIS TITLE.
  S 3. Section 60.35 of the penal law, as amended by section 1 of part E
of  chapter 56 of the laws of 2004, subparagraphs (i), (ii) and (iii) of
paragraph (a) of subdivision 1 as amended by section 1 of  part  DD  and
subdivision  10  as  amended by section 2 of part Y of chapter 56 of the
laws of 2008, paragraph (b) of subdivision 1 as amended by  chapter  320
of the laws of 2006, subdivision 4 as amended by chapter 525 of the laws
of  2013,  and  subdivision  8 as amended by section 121 of subpart B of
part C of chapter 62 of the laws of 2011, is amended to read as follows:
S 60.35 Mandatory surcharge, sex offender registration fee, DNA databank
          fee, supplemental sex offender victim  fee  and  crime  victim
          assistance fee required in certain cases.
  1.  (a)  Except  as  provided  in section eighteen hundred nine of the
vehicle and traffic law and section 27.12 of the parks,  recreation  and
historic  preservation  law,  whenever  proceedings in an administrative

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07839-01-5

A. 3716                             2

tribunal or a court of this state result in a conviction for a felony, a
misdemeanor, or a violation, as these terms are defined in section 10.00
of this chapter,  there  shall  be  levied  at  sentencing  a  mandatory
surcharge,  sex  offender registration fee, DNA databank fee and a crime
victim assistance fee in addition to any sentence required or  permitted
by law, in accordance with the following schedule:
  (i) a person convicted of a felony, EXCLUDING THOSE FELONIES SET FORTH
IN  CLAUSES  (A)  AND  (B)  OF  THIS SUBPARAGRAPH, shall pay a mandatory
surcharge of three hundred dollars and a crime victim assistance fee  of
[twenty-five] FIVE HUNDRED dollars;
  (A)  A PERSON CONVICTED OF A FELONY OFFENSE OF HOMICIDE, AS DEFINED IN
SECTION 125.00 OF THIS CHAPTER, SHALL PAY A MANDATORY SURCHARGE OF  FIVE
HUNDRED  DOLLARS  AND A CRIME VICTIM ASSISTANCE FEE OF TWO THOUSAND FIVE
HUNDRED DOLLARS FOR EVERY MONTH OF WHICH SUCH  PERSON  IS  SENTENCED  TO
SERVE  TIME  IN  A CORRECTIONAL FACILITY, AS DEFINED IN SECTION FORTY OF
THE CORRECTION LAW;
  (B) A PERSON CONVICTED OF A VIOLENT  FELONY  OFFENSE,  AS  DEFINED  IN
SECTION  70.02  OF  THIS CHAPTER, SHALL PAY A MANDATORY SURCHARGE OF TWO
HUNDRED FIFTY DOLLARS AND A CRIME VICTIM ASSISTANCE FEE OF ONE  THOUSAND
DOLLARS  FOR EVERY MONTH OF WHICH SUCH PERSON IS SENTENCED TO SERVE TIME
IN  A  CORRECTIONAL  FACILITY,  AS  DEFINED  IN  SECTION  FORTY  OF  THE
CORRECTION LAW;
  (ii)  a  person  convicted  of  a  misdemeanor  shall  pay a mandatory
surcharge of one hundred seventy-five dollars and a crime victim assist-
ance fee of [twenty-five] TWO HUNDRED FIFTY dollars;
  (iii) a  person  convicted  of  a  violation  shall  pay  a  mandatory
surcharge  of  [ninety-five]  ONE  HUNDRED  dollars  and  a crime victim
assistance fee of twenty-five dollars;
  (iv) a person convicted of a sex offense as defined by subdivision two
of section one hundred sixty-eight-a of the correction law or a sexually
violent offense as defined by subdivision three of section  one  hundred
sixty-eight-a  of  the  correction law shall, in addition to a mandatory
surcharge and crime victim assistance fee, pay a sex offender  registra-
tion fee of fifty dollars.
  (v)  a person convicted of a designated offense as defined by subdivi-
sion seven of section nine hundred  ninety-five  of  the  executive  law
shall,  in addition to a mandatory surcharge and crime victim assistance
fee, pay a DNA databank fee of fifty dollars.
  (b) When the felony or misdemeanor conviction  in  subparagraphs  (i),
(ii)  or  (iv)  of  paragraph  (a)  of  this subdivision results from an
offense contained in article one hundred thirty of this chapter,  incest
in  the  third,  second  or  first degree as defined in sections 255.25,
255.26 and 255.27 of this chapter or an offense contained in article two
hundred sixty-three of this chapter, the person convicted  shall  pay  a
supplemental sex offender victim fee of one thousand dollars in addition
to the mandatory surcharge and any other fee.
  2.  Where  a  person  is convicted of two or more crimes or violations
committed through a single act or omission, or through an act  or  omis-
sion  which  in  itself  constituted one of the crimes or violations and
also was a material element of the  other,  the  court  shall  impose  a
mandatory  surcharge and a crime victim assistance fee, and where appro-
priate a supplemental sex offender victim fee, in  accordance  with  the
provisions  of this section for the crime or violation which carries the
highest classification,  and  no  other  sentence  to  pay  a  mandatory
surcharge,  crime  victim  assistance  fee  or supplemental sex offender
victim fee required by this section shall be imposed. Where a person  is

A. 3716                             3

convicted  of  two or more sex offenses or sexually violent offenses, as
defined by subdivisions two and three  of  section  one  hundred  sixty-
eight-a  of  the correction law, committed through a single act or omis-
sion,  or  through an act or omission which in itself constituted one of
the offenses and also was a material element of  the  other,  the  court
shall  impose  only one sex offender registration fee. Where a person is
convicted of two or more designated offenses, as defined by  subdivision
seven  of section nine hundred ninety-five of the executive law, commit-
ted through a single act or omission, or  through  an  act  or  omission
which  in itself constituted one of the offenses and also was a material
element of the other, the court shall impose only one DNA databank fee.
  3. The mandatory surcharge, sex offender registration fee,  DNA  data-
bank  fee[,  crime victim assistance fee,] and supplemental sex offender
victim fee provided for in subdivision one of this section shall be paid
to the clerk of the court or administrative tribunal that  rendered  the
conviction.  Within the first ten days of the month following collection
of the mandatory surcharge[, crime victim assistance fee,]  and  supple-
mental sex offender victim fee, the collecting authority shall determine
the  amount  of  mandatory  surcharge,  crime victim assistance fee, and
supplemental sex offender victim fee collected and, if it is an adminis-
trative tribunal, or a town or village justice court, it shall then  pay
such  money to the state comptroller who shall deposit such money in the
state treasury pursuant to section one hundred twenty-one of  the  state
finance  law  to  the credit of the criminal justice improvement account
established by section ninety-seven-bb of the state finance law.  Within
the first ten days of the month following collection of the sex offender
registration  fee  and  DNA databank fee, the collecting authority shall
determine the amount of the sex offender registration fee and DNA  data-
bank  fee  collected and, if it is an administrative tribunal, or a town
or village justice court, it shall then pay  such  money  to  the  state
comptroller  who shall deposit such money in the state treasury pursuant
to section one hundred twenty-one of the state finance law to the credit
of the general fund. If such collecting authority is any other court  of
the  unified  court system, it shall, within such period, pay such money
attributable to the mandatory surcharge or crime victim  assistance  fee
to  the  state commissioner of taxation and finance to the credit of the
criminal justice improvement account established by section  ninety-sev-
en-bb  of  the  state finance law.   If such collecting authority is any
other court of the unified court system, it shall, within  such  period,
pay such money attributable to the sex offender registration fee and the
DNA  databank  fee  to the state commissioner of taxation and finance to
the credit of the general fund.
  3-A.   WITHIN THE  FIRST  TEN  DAYS  FOLLOWING  THE  PRONOUNCEMENT  OF
SENTENCE  OF  THE CONVICTED OFFENDER, THE CLERK OF THE COURT PRONOUNCING
THE SENTENCE SHALL CALCULATE AND  DETERMINE  THE  AMOUNT  OF  THE  CRIME
VICTIM  ASSISTANCE  FEE PROVIDED FOR IN SUBDIVISION ONE OF THIS SECTION.
IMMEDIATELY THEREAFTER, THE CONVICTED OFFENDER SHALL PAY TO THE CLERK OF
THE COURT OR ADMINISTRATIVE TRIBUNAL THAT RENDERED  THE  CONVICTION  THE
FULL  AMOUNT  OF  THE  CRIME  VICTIM'S  ASSISTANCE FEE SO CALCULATED AND
DETERMINED, AND SUCH COURT SHALL THEREUPON ACT AS THE COLLECTING AUTHOR-
ITY. IF SUCH COLLECTING AUTHORITY IS AN ADMINISTRATIVE  TRIBUNAL,  OR  A
TOWN OR VILLAGE JUSTICE COURT, IT SHALL THEN PAY SUCH MONEY TO THE STATE
COMPTROLLER  WHO SHALL DEPOSIT SUCH MONEY IN THE STATE TREASURY PURSUANT
TO SECTION ONE HUNDRED TWENTY-ONE OF THE STATE FINANCE LAW TO THE CREDIT
OF THE CRIME VICTIM'S ASSISTANCE ACCOUNT ESTABLISHED BY SECTION  NINETY-
FOUR-C  OF  THE  STATE  FINANCE LAW. IF SUCH COLLECTING AUTHORITY IS ANY

A. 3716                             4

OTHER COURT OF THE UNIFIED COURT SYSTEM, IT SHALL, WITHIN  SUCH  PERIOD,
PAY  SUCH MONEY TO THE STATE COMMISSIONER OF TAXATION AND FINANCE TO THE
CREDIT OF THE CRIME VICTIM'S ASSISTANCE ACCOUNT ESTABLISHED  BY  SECTION
NINETY-FOUR-C OF THE STATE FINANCE LAW.
  3-B.    UPON  THE PRONOUNCEMENT OF SENTENCE UPON A CONVICTED OFFENDER,
THE CLERK OF THE COURT PRONOUNCING SUCH SENTENCE SHALL  CREATE  A  CRIME
VICTIM'S  LIST. THIS LIST SHALL PROVIDE THE NAME OF THE CONVICTED OFFEN-
DER AND THE OFFENSES FOR WHICH HE WAS CONVICTED, AS WELL  AS  THE  NAME,
ADDRESS, AND TELEPHONE NUMBER OF EVERY INDIVIDUAL WHOM THE COURT DEEMS A
VICTIM  OF  THE  CRIME  OR  CRIMES  FOR WHICH THE CONVICTED OFFENDER WAS
CONVICTED. A VICTIM OF THE CRIME SHALL INCLUDE  ANYONE  AGAINST  WHOM  A
CRIME  OR VIOLENT ACT IN FURTHERANCE OF A CRIME WAS COMMITTED, OR IN THE
CASE OF A HOMICIDE ALL FAMILY MEMBERS OF THE DECEASED VICTIM WITHIN  ONE
DEGREE  OF  CONSANGUINITY.  THIS  LIST  SHALL BE FILED WITH THE ATTORNEY
GENERAL AND SHALL BE SEALED FROM PUBLIC  INSPECTION  SO  AS  TO  PROTECT
CRIME  VICTIMS  FROM HAVING THEIR NAMES AND IDENTITIES MADE KNOWN TO THE
PUBLIC AND THE PRESS.
  4. Any person who has paid a mandatory surcharge, sex offender  regis-
tration  fee,  DNA  databank  fee,  a  crime  victim assistance fee or a
supplemental sex offender victim fee under the authority of this section
based upon a conviction that is subsequently  reversed  or  who  paid  a
mandatory  surcharge, sex offender registration fee, DNA databank fee, a
crime victim assistance fee or  supplemental  sex  offender  victim  fee
under  the  authority of this section which is ultimately determined not
to be required by this section shall be entitled to  a  refund  of  such
mandatory  surcharge,  sex  offender registration fee, DNA databank fee,
crime victim assistance fee or supplemental sex offender victim fee upon
application, in the case of a town or village court, to the state  comp-
troller.  The state comptroller shall require such proof as is necessary
in order to determine whether a refund is required by law. In all  other
cases, such application shall be made to the department, agency or court
that  collected  such surcharge or fee. Such department, agency or court
shall initiate the refund process and the state  comptroller  shall  pay
the refund pursuant to subdivision fifteen of section eight of the state
finance law.
  5.  (a)  When  a  person  who is convicted of a crime or violation and
sentenced to a term of imprisonment has  failed  to  pay  the  mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance  fee or supplemental sex offender victim fee required by this
section, the clerk of the court that rendered the conviction shall noti-
fy the superintendent or the municipal official of  the  facility  where
the  person  is  confined.  The superintendent or the municipal official
shall cause any amount owing to be collected from such person during his
or her term of imprisonment from moneys to the  credit  of  an  inmates'
fund  or  such  moneys  as  may  be earned by a person in a work release
program pursuant to section eight hundred sixty of the correction law OR
AS THEY MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR  SETTLE-
MENT OF LITIGATION.  Such moneys attributable to the mandatory surcharge
or  crime  victim  assistance  fee shall be paid over to the state comp-
troller to the credit of the criminal justice improvement account estab-
lished by section ninety-seven-bb of the  state  finance  law  and  such
moneys attributable to the sex offender registration fee or DNA databank
fee  shall  be  paid  over to the state comptroller to the credit of the
general  fund,  except  that  any  such  moneys  collected   which   are
surcharges,  sex  offender  registration fees, DNA databank fees[, crime
victim assistance fees] or supplemental sex offender victim fees  levied

A. 3716                             5

in  relation  to convictions obtained in a town or village justice court
shall be paid within thirty days after the receipt thereof by the super-
intendent or municipal official of the facility to the  justice  of  the
court in which the conviction was obtained. SUCH MONEYS, WITH RESPECT TO
THE  PAYMENT OF THE CRIME VICTIM'S ASSISTANCE FEE, SHALL BE PAID OVER TO
THE STATE COMPTROLLER TO THE CREDIT OF  THE  CRIME  VICTIM'S  ASSISTANCE
ACCOUNT  ESTABLISHED  BY SECTION NINETY-FOUR-C OF THE STATE FINANCE LAW.
For the purposes of collecting such mandatory  surcharge,  sex  offender
registration  fee,  DNA  databank  fee, crime victim assistance fee, and
supplemental sex offender victim fee, the state shall be  legally  enti-
tled  to  the  money to the credit of an inmates' fund or money which is
earned by an inmate in a work release program OR AS THEY MAY BE  AWARDED
TO  SUCH INMATE PURSUANT TO LITIGATION OR SETTLEMENT OF LITIGATION.  For
purposes of this subdivision, the term "inmates' fund" shall mean moneys
in the possession of an inmate at the time of his or her admission  into
such facility, funds earned by him or her as provided for in section one
hundred  eighty-seven of the correction law and any other funds received
by him or her or on his or her behalf and  deposited  with  such  super-
intendent  or  municipal official, OR FUNDS RECEIVED INCLUDING ANY FUNDS
THAT MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR  SETTLEMENT
OF LITIGATION.
  (b)  The  incarceration fee provided for in subdivision two of section
one hundred eighty-nine of the correction law shall not be  assessed  or
collected  if  any  order  of restitution or reparation, fine, mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance fee or supplemental sex offender victim fee  remains  unpaid.
In  such  circumstances,  any monies which may lawfully be withheld from
the compensation paid to a prisoner for work performed while housed in a
general confinement facility in satisfaction of such an obligation shall
first be applied toward satisfaction of such obligation.
  5-A. FOR THE PURPOSES OF COLLECTING SUCH MANDATORY SURCHARGE OR  CRIME
VICTIM'S  ASSISTANCE  FEE, THE STATE SHALL BE LEGALLY ENTITLED TO FILE A
CRIME VICTIM'S LIEN AGAINST THE CONVICTED OFFENDER, IN THE AMOUNT OF THE
UNPAID PORTION OF SUCH MANDATORY SURCHARGE OR CRIME VICTIM'S  ASSISTANCE
FEE. SUCH LIEN MAY BE FILED ANY TIME AFTER A SENTENCE IS PRONOUNCED UPON
THE OFFENDER, AND SHALL EXIST FROM THE DATE OF THE PRONOUNCEMENT OF SUCH
SENTENCE UNTIL THE CONVICTED OFFENDER PAYS THE FULL AMOUNT OF THE MANDA-
TORY  SURCHARGE  AND  CRIME  VICTIM'S ASSISTANCE FEE, OR FOR TWENTY-FIVE
YEARS FROM THE DATE OF THE PRONOUNCEMENT  OF  THE  CONVICTED  OFFENDER'S
SENTENCE,  WHICHEVER IS LESS. SUCH LIEN SHALL BE FILED WITH THE ATTORNEY
GENERAL BY THE CLERK OF THE COURT FROM WHICH THE OFFENDER IS  CONVICTED.
UPON THE FILING OF SUCH LIEN, THE ATTORNEY GENERAL MAY AT ANY TIME THER-
EAFTER EXECUTE AND ENFORCE SUCH LIEN AGAINST THE CONVICTED OFFENDER, FOR
THE  COLLECTION  OF  THE  MANDATORY  SURCHARGE AND/OR THE CRIME VICTIM'S
ASSISTANCE FEE. SUCH LIEN SHALL EMPOWER THE  ATTORNEY  GENERAL,  WITHOUT
PRIOR  APPLICATION  TO ANY COURT OR ADMINISTRATIVE TRIBUNAL, TO TAKE ANY
ACTION NECESSARY  TO  COLLECT  SUCH  MANDATORY  SURCHARGE  AND/OR  CRIME
VICTIM'S  ASSISTANCE FEE, INCLUDING, BUT NOT LIMITED TO, THE ATTACHMENT,
SEIZURE AND SALE OF THE  CONVICTED  OFFENDER'S  ASSETS,  INCLUDING  REAL
PROPERTY,  PERSONAL TANGIBLE PROPERTY AND/OR PERSONAL INTANGIBLE PROPER-
TY, AS WELL AS THE GARNISHMENT OF  UP  TO  TWENTY-FIVE  PERCENT  OF  THE
CONVICTED OFFENDER'S WAGES. THIS COLLECTION SHALL BE ENFORCEABLE WHETHER
OR  NOT  SUCH OFFENDER IS INCARCERATED AT THE TIME OF ITS EXECUTION, AND
WHETHER OR NOT SUCH OFFENDER HAS  COMPLETELY  OR  PARTIALLY  SERVED  THE
SENTENCE PRONOUNCED UPON HIM.

A. 3716                             6

  5-B. ALL MONIES COLLECTED PURSUANT TO THE ENFORCEMENT AND EXECUTION OF
THE  STATE'S  CRIME  VICTIM'S  LIEN AGAINST A CONVICTED OFFENDER, AS SET
FORTH IN SUBDIVISION FIVE OF THIS SECTION, SHALL  BE  DELIVERED  BY  THE
ATTORNEY  GENERAL TO THE COMPTROLLER. THE COMPTROLLER SHALL DEPOSIT INTO
THE  INTERNAL  SERVICE FUND ACCOUNT FOR THE DEPARTMENT OF LAW, AN AMOUNT
EQUAL TO NINETEEN PERCENT OF THE MONIES SO COLLECTED, IN ORDER TO OFFSET
THE COSTS AND EXPENSES OF PERFORMING SUCH COLLECTION,  LIEN  ENFORCEMENT
AND  EXECUTION.   ALL REMAINING MONIES, IF COLLECTED FROM THE FAILURE OF
THE CONVICTED OFFENDER TO PAY A MANDATORY SURCHARGE, SHALL BE  DEPOSITED
BY  THE  COMPTROLLER  INTO  THE CRIMINAL JUSTICE IMPROVEMENT ACCOUNT, AS
DEFINED IN SECTION NINETY-SEVEN-BB OF THE  STATE  FINANCE  LAW,  AND  IF
COLLECTED  FROM  THE  FAILURE  OF  THE CONVICTED OFFENDER TO PAY A CRIME
VICTIM'S ASSISTANCE FEE SHALL BE DEPOSITED BY THE COMPTROLLER  INTO  THE
CRIME  VICTIM'S  ASSISTANCE ACCOUNT, AS DEFINED IN SECTION NINETY-FOUR-C
OF THE STATE FINANCE LAW.   UPON THE COLLECTION  OF  MONIES  UNDER  THIS
SECTION,  THE ATTORNEY GENERAL SHALL PROVIDE WRITTEN NOTICE TO THE CRIME
VICTIM OR VICTIMS ON THE CRIME VICTIM'S LIST FOR THE CONVICTED  OFFENDER
WHICH  WAS  PREPARED  BY  THE COURT OR ADMINISTRATIVE TRIBUNAL AND FILED
WITH THE ATTORNEY  GENERAL  PURSUANT  TO  SUBDIVISION  THREE-B  OF  THIS
SECTION.
  6. Notwithstanding any other provision of this section, where a person
has  made  restitution  or  reparation pursuant to section 60.27 of this
article, such person [shall] AT THE DISCRETION OF THE COURT, MAY not  be
required to pay a mandatory surcharge or a crime victim assistance fee.
  7.  Notwithstanding the provisions of subdivision one of section 60.00
of this article, the provisions of subdivision one of this section shall
not apply to a violation under any law other than this chapter.
  8. Subdivision one of section 130.10 of  the  criminal  procedure  law
notwithstanding,  at the time that the mandatory surcharge, sex offender
registration fee or DNA databank fee, crime  victim  assistance  fee  or
supplemental  sex offender victim fee is imposed a town or village court
may, and all other courts shall, issue and cause to be served  upon  the
person  required  to pay the mandatory surcharge, sex offender registra-
tion fee or DNA databank fee, crime victim  assistance  fee  or  supple-
mental  sex  offender  victim  fee, a summons directing that such person
appear  before  the  court  regarding  the  payment  of  the   mandatory
surcharge,  sex  offender  registration  fee  or DNA databank fee, crime
victim assistance fee or supplemental sex offender victim fee, if  after
sixty  days  from  the date it was imposed it remains unpaid. The desig-
nated date of appearance on the summons shall be set for the  first  day
court  is  in session falling after the sixtieth day from the imposition
of the mandatory surcharge, sex offender registration fee or  DNA  data-
bank  fee,  crime  victim  assistance  fee  or supplemental sex offender
victim fee. The summons shall contain the information required by subdi-
vision two of section 130.10 of the criminal procedure law  except  that
in substitution for the requirement of paragraph (c) of such subdivision
the  summons  shall  state that the person served must appear at a date,
time and specific location specified in the summons if after sixty  days
from  the  date of issuance the mandatory surcharge, sex offender regis-
tration fee or DNA databank fee, crime victim assistance fee or  supple-
mental sex offender victim fee remains unpaid. The court shall not issue
a summons under this subdivision to a person who is being sentenced to a
term of confinement in excess of sixty days in jail or in the department
of  corrections and community supervision. The mandatory surcharges, sex
offender registration fee and DNA databank fees, crime victim assistance

A. 3716                             7

fees and supplemental sex offender victim fees for those  persons  shall
be governed by the provisions of section 60.30 of this article.
  9.  Notwithstanding the provisions of subdivision one of this section,
in the event a proceeding is in a town  or  village  court,  such  court
shall  add  an additional five dollars to the surcharges imposed by such
subdivision one.
  10. The provisions of this section shall apply  to  sentences  imposed
upon a youthful offender finding; provided, however that the court shall
not  impose  the  sex  offender  registration  fee,  DNA databank fee or
supplemental sex offender victim fee, as defined in  subparagraphs  (iv)
and  (v)  of  paragraph (a) and paragraph (b) of subdivision one of this
section, for an offense in which the conviction was substituted  with  a
youthful offender finding.
  S  4.  Subdivision  5 of section 60.35 of the penal law, as amended by
section 2 of part E of chapter 56 of the laws of  2004,  is  amended  to
read as follows:
  5.  When  a  person  who  is  convicted  of  a  crime or violation and
sentenced to a term of imprisonment has  failed  to  pay  the  mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance  fee or supplemental sex offender victim fee required by this
section, the clerk of the court that rendered the conviction shall noti-
fy the superintendent or the municipal official of  the  facility  where
the  person  is  confined.  The superintendent or the municipal official
shall cause any amount owing to be collected from such person during his
or her term of imprisonment from moneys to the  credit  of  an  inmates'
fund  or  such  moneys  as  may  be earned by a person in a work release
program pursuant to section eight hundred sixty of the correction law OR
AS THEY MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR  SETTLE-
MENT  OF LITIGATION. Such moneys attributable to the mandatory surcharge
or crime victim assistance fee shall be paid over  to  the  state  comp-
troller to the credit of the criminal justice improvement account estab-
lished  by  section  ninety-seven-bb  of  the state finance law and such
moneys attributable to the sex offender registration fee or DNA databank
fee shall be paid over to the state comptroller to  the  credit  of  the
general   fund,   except  that  any  such  moneys  collected  which  are
surcharges, sex offender registration fees, DNA  databank  fees[,  crime
victim  assistance fees] or supplemental sex offender victim fees levied
in relation to convictions obtained in a town or village  justice  court
shall be paid within thirty days after the receipt thereof by the super-
intendent  or  municipal  official of the facility to the justice of the
court in which the conviction was obtained. SUCH MONEYS, WITH RESPECT TO
THE PAYMENT OF THE CRIME VICTIM'S ASSISTANCE FEE, SHALL BE PAID OVER  TO
THE  STATE  COMPTROLLER  TO  THE CREDIT OF THE CRIME VICTIM'S ASSISTANCE
ACCOUNT ESTABLISHED BY SECTION NINETY-FOUR-C OF THE STATE  FINANCE  LAW.
For  the  purposes  of collecting such mandatory surcharge, sex offender
registration fee, DNA databank fee,  crime  victim  assistance  fee  and
supplemental  sex  offender victim fee, the state shall be legally enti-
tled to the money to the credit of an inmates' fund or  money  which  is
earned  by an inmate in a work release program OR AS THEY MAY BE AWARDED
TO SUCH INMATE PURSUANT TO LITIGATION OR SETTLEMENT OF  LITIGATION.  For
purposes of this subdivision, the term "inmates' fund" shall mean moneys
in  the possession of an inmate at the time of his or her admission into
such facility, funds earned by him or her as provided for in section one
hundred eighty-seven of the correction law and any other funds  received
by  him  or  her  or on his or her behalf and deposited with such super-
intendent or municipal official, OR FUNDS RECEIVED, INCLUDING ANY  FUNDS

A. 3716                             8

THAT  MAY BE AWARDED TO SUCH INMATE PURSUANT TO LITIGATION OR SETTLEMENT
OF LITIGATION.
  S  5. The state finance law is amended by adding a new section 94-c to
read as follows:
  S 94-C. CRIME VICTIM'S ASSISTANCE ACCOUNT. 1. THERE IS  HEREBY  ESTAB-
LISHED  IN  THE  JOINT CUSTODY OF THE STATE COMPTROLLER AND THE ATTORNEY
GENERAL A SPECIAL REVENUE FUND  TO  BE  KNOWN  AS  THE  "CRIME  VICTIM'S
ASSISTANCE ACCOUNT."
  2.  THE  CRIME VICTIM'S ASSISTANCE ACCOUNT SHALL CONSIST OF ALL MONIES
RECEIVED BY THE STATE PURSUANT TO SECTION 60.35 OF THE PENAL LAW AND ALL
OTHER FEES, FINES, GRANTS, BEQUESTS OR OTHER MONIES CREDITED,  APPROPRI-
ATED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE.
  3.  MONIES  OF  THE  CRIME  VICTIM'S  ASSISTANCE ACCOUNT SHALL BE MADE
AVAILABLE FOR THE FOLLOWING PURPOSES:
  A. FOR STATE OPERATION  EXPENSES  AND  LOCAL  ASSISTANCE  SERVICES  TO
PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES; AND
  B.  FOR  GRANTS  AND  EXPENSES  TO  PRIVATE ASSOCIATIONS, SERVICES AND
PROGRAMS WHICH PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES; AND
  C. FOR COMPENSATION PAYMENTS TO CRIME VICTIMS AND THEIR FAMILIES.
  4. MONIES ALLOCATED FROM THE CRIME  VICTIM'S  ASSISTANCE  ACCOUNT  FOR
STATE  OPERATION  EXPENSES  AND  LOCAL  ASSISTANCE  SERVICES, TO PROVIDE
SERVICES TO CRIME VICTIMS AND WITNESSES, SHALL NOT,  IN  THE  AGGREGATE,
ANNUALLY  EXCEED  TEN  PERCENT  OF  THE  FUNDS OF THE ACCOUNT'S PREVIOUS
YEAR'S ANNUAL CASH BALANCE. THE ATTORNEY GENERAL SHALL  MAKE  AN  ANNUAL
RECOMMENDATION  TO THE GOVERNOR AND THE LEGISLATURE AS TO THE ALLOCATION
OF THESE MONIES.
  5. MONIES ALLOCATED FROM THE CRIME  VICTIM'S  ASSISTANCE  ACCOUNT  FOR
GRANTS  AND  EXPENSES  TO  PRIVATE  ASSOCIATIONS, SERVICES AND PROGRAMS,
WHICH PROVIDE SERVICES TO CRIME VICTIMS AND WITNESSES, SHALL NOT, IN THE
AGGREGATE, ANNUALLY EXCEED TEN PERCENT OF THE  FUNDS  OF  THE  ACCOUNT'S
PREVIOUS  YEAR'S ANNUAL CASH BALANCE. THE ATTORNEY GENERAL SHALL MAKE AN
ANNUAL RECOMMENDATION TO THE GOVERNOR AND  THE  LEGISLATURE  AS  TO  THE
ALLOCATION OF THESE MONIES.
  6.  UPON THE PAYMENT OR COLLECTION OF A CRIME VICTIM'S ASSISTANCE FEE,
OR A PORTION THEREOF, FROM A CONVICTED OFFENDER, AND UPON THE DEPOSIT OF
SUCH MONIES INTO THE CRIME VICTIM'S  ASSISTANCE  ACCOUNT  BY  THE  COMP-
TROLLER,  A  CRIME VICTIM, WHO IS SET FORTH ON A CRIME VICTIM'S LIST FOR
THE CONVICTED OFFENDER AS DEFINED IN SUBDIVISION FIVE OF  SECTION  60.35
OF THE PENAL LAW, SHALL BE ELIGIBLE TO APPLY TO THE ATTORNEY GENERAL FOR
CRIME  VICTIM'S  ASSISTANCE.  UPON  VERIFICATION OF THE ATTORNEY GENERAL
FROM THE CRIME VICTIM'S LIST THAT SUCH APPLICANT IS A  CRIME  VICTIM  OF
THE CONVICTED OFFENDER, AND UPON VERIFICATION FROM THE STATE COMPTROLLER
THAT  PAYMENT  OR  COLLECTION OF MONIES WERE MADE AGAINST SUCH CONVICTED
OFFENDER AND THAT SUCH MONIES WERE DEPOSITED  INTO  THE  CRIME  VICTIM'S
ASSISTANCE ACCOUNT AND THE AMOUNT OF SUCH MONIES, IF ANY, THAT HAVE BEEN
PREVIOUSLY  PAID  BY  OR  COLLECTED  FROM,  SUCH CONVICTED OFFENDER, THE
ATTORNEY GENERAL SHALL CERTIFY TO THE COMPTROLLER THAT SUCH APPLICANT IS
ELIGIBLE TO RECEIVE CRIME VICTIM'S ASSISTANCE.  SUCH CERTIFICATION SHALL
SPECIFY THE CURRENT NAME AND ADDRESS OF THE CRIME VICTIM, AND THE AMOUNT
OF THE MONIES DEPOSITED INTO THE CRIME VICTIM'S ASSISTANCE ACCOUNT AS  A
RESULT  OF  THE  PAYMENT  BY,  OR  THE  COLLECTION  OF  MONIES FROM, THE
CONVICTED OFFENDER. PURSUANT TO THE ISSUANCE OF THE  ATTORNEY  GENERAL'S
CERTIFICATION  OR  CERTIFICATIONS,  THE  COMPTROLLER SHALL WITHIN THIRTY
DAYS OF RECEIPT OF  SUCH  CERTIFICATION  OR  CERTIFICATIONS,  ISSUE  AND
PROVIDE  A PRO RATA PAYMENT TO EACH CRIME VICTIM IN THE AMOUNT OF SEVEN-
TY-FIVE PERCENT OF THE AMOUNT OF  MONEY  SO  CERTIFIED  AS  HAVING  BEEN

A. 3716                             9

DEPOSITED  IN  THE  CRIME VICTIM'S ASSISTANCE ACCOUNT AS A RESULT OF THE
PAYMENT BY, OR THE COLLECTION OF MONIES FROM, THE CONVICTED OFFENDER.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all  convictions  occurring  on  or
after  such  date,  provided  that  the  amendments  to subdivision 5 of
section 60.35 of the penal law made by section three of this  act  shall
be  subject to the expiration and reversion of such subdivision pursuant
to subdivision h of section 74 of chapter 3 of  the  laws  of  1995,  as
amended,  when upon such date the provisions of section four of this act
shall take effect.

assembly Bill A3715

Includes municipal user fees as real property tax for purposes of the circuit breaker credit

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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Summary

Defines qualifying real property taxes to include municipal user fees, for purposes of the real property tax circuit breaker; defines "municipal user fees" as any municipal fee charged to a qualified taxpayer for services provided by a municipality, including but not limited to fees for garbage, fire protection, water and sewer, that are in addition to the real property tax levy.

Bill Details

Versions:
A3715
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §606, Tax L
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3715

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of A. TENNEY, FINCH -- read once and referred to the
  Committee on Ways and Means

AN ACT to amend the tax law,  in  relation  to  the  real  property  tax
  circuit breaker credit

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

  Section 1. Subparagraph (E)  of  paragraph  1  of  subsection  (e)  of
section  606  of  the  tax law, as amended by chapter 105 of the laws of
2006, is amended to read as follows:
  (E) "Qualifying real property taxes" means all  real  property  taxes,
special  ad  valorem  levies and special assessments, AND MUNICIPAL USER
FEES, exclusive of penalties and interest, levied on the residence of  a
qualified  taxpayer  and  paid  during the taxable year [less the credit
claimed under subsection (n-1) of this section]. In addition, for  taxa-
ble years beginning after December thirty-first, nineteen hundred eight-
y-four,  a qualified taxpayer may elect to include any additional amount
that would have been levied in the absence of  an  exemption  from  real
property  taxation  pursuant  to section four hundred sixty-seven of the
real property tax law. If tenant-stockholders in a  cooperative  housing
corporation  have met the requirements of section two hundred sixteen of
the internal revenue code by which they are allowed a deduction for real
estate taxes, the amount of taxes so allowable, or which would be allow-
able if the taxpayer had filed returns on a cash basis, shall be  quali-
fying  real property taxes. If a residence is owned by two or more indi-
viduals as joint tenants or tenants in common, and one or more than  one
individual  is  not  a member of the household, qualifying real property
taxes is that part of such taxes on the  residence  which  reflects  the
ownership percentage of the qualified taxpayer and members of his house-
hold.  If  a  residence is an integral part of a larger unit, qualifying
real property taxes shall be limited to that amount of such  taxes  paid
as  may be reasonably apportioned to such residence. If a household owns

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07488-01-5

A. 3715                             2

and occupies two or more residences during different periods in the same
taxable year, qualifying real property taxes shall be  the  sum  of  the
prorated  qualifying  real  property taxes attributable to the household
during  the  periods such household occupies each of such residences. If
the household owns and occupies a residence for part of the taxable year
and rents a residence for part of the same taxable year, it may  include
both  the  proration  of qualifying real property taxes on the residence
owned and the real property tax equivalent with respect  to  the  months
the  residence  is rented. Provided, however, for purposes of the credit
allowed under this subsection, qualifying real  property  taxes  may  be
included  by  a qualified taxpayer only to the extent that such taxpayer
or the spouse of such taxpayer occupying such residence for  six  months
or  more  of  the  taxable year owns or has owned the residence and paid
such taxes.
  S 2. Paragraph 1 of subsection (e) of section 606 of the  tax  law  is
amended by adding a new subparagraph (H) to read as follows:
  (H)  "MUNICIPAL USER FEES" MEANS ANY MUNICIPAL FEE CHARGED TO A QUALI-
FIED TAXPAYER FOR SERVICES PROVIDED BY A MUNICIPALITY INCLUDING, BUT NOT
LIMITED TO FEES CHARGED FOR LIBRARY SERVICES, GARBAGE, FIRE  PROTECTION,
WATER AND SEWER. "MUNICIPAL USER FEES" SHALL NOT INCLUDE ANY RECREATION-
AL FEES CHARGED BY A MUNICIPALITY, INCLUDING BUT NOT LIMITED TO FEES FOR
THE USE OF A MUNICIPAL GOLF COURSE OR SWIMMING POOL THAT ARE IN ADDITION
TO THE REAL PROPERTY TAX LEVY.
  S 3. This act shall take effect immediately.

assembly Bill A3759

Provides for the establishment of police training high schools in certain city school districts and provides for further education and employment

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Sponsor

Bill Status


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

actions

Summary

Provides for the establishment of police training high schools in certain city school districts and provides for further education and employment; establishes preferential admissions criteria for the state and city universities; establishes preferential civil service criteria in the recruitment of police officers.

Bill Details

Versions:
A3759
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§2555 & 2514, add §§319, 355-d & 6204-b, Ed L; add Art 4 Title C §67, Civ Serv L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3759

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Education

AN ACT to amend the education law and the civil service law, in relation
  to  providing  for police training high schools in certain city school
  districts and making provisions for their graduates' further education
  and recruitment

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

  Section  1.  The section heading of section 2555 of the education law,
such section as renumbered by chapter  762  of  the  laws  of  1950,  is
amended and a new subdivision 4 is added to read as follows:
  Kindergartens,  nursery  [and], night schools AND POLICE TRAINING HIGH
SCHOOLS.
  4. A. EACH SCHOOL DISTRICT SUBJECT TO THE PROVISIONS OF  THIS  ARTICLE
MAY  ESTABLISH  A POLICE TRAINING HIGH SCHOOL OR POLICE TRAINING PROGRAM
IN AN EXISTING HIGH SCHOOL WITHIN ITS DISTRICT, EXCEPT THAT THE CITY  OF
NEW  YORK MAY ESTABLISH SUCH A HIGH SCHOOL IN EACH OF ITS BOROUGHS. SUCH
HIGH SCHOOLS OR PROGRAMS SHALL SERVE STUDENTS  IN  GRADES  NINE  THROUGH
TWELVE  AND  SHALL  PROVIDE,  IN  ADDITION  TO  THE STANDARD HIGH SCHOOL
CURRICULUM OTHERWISE PRESCRIBED BY LAW, SPECIALIZED  COURSES  CONTAINING
EDUCATION AND TRAINING TO PREPARE STUDENTS FOR ADMISSION TO POLICE ACAD-
EMIES AND CAREERS AS POLICE OFFICERS.
  B.  GUIDELINES FOR THE CURRICULUM FOR SUCH POLICE EDUCATION AND TRAIN-
ING COURSES SHALL BE PRESCRIBED BY  THE  COMMISSIONER,  IN  CONSULTATION
WITH  THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE MUNICIPAL POLICE
TRAINING COUNCIL.  EACH HIGH SCHOOL OR PROGRAM MAY FURTHER  DEVELOP  ITS
OWN  CURRICULUM  IN  CONSULTATION WITH A UNIT OF THE STATE UNIVERSITY OF
NEW YORK OR THE CITY UNIVERSITY OF NEW YORK HAVING  A  CRIMINAL  JUSTICE
SCHOOL OR PROGRAM.
  C. SUCH HIGH SCHOOLS OR PROGRAMS SHALL SERVE STUDENTS LIVING IN POLICE
PRECINCTS  HAVING  HIGH  JUVENILE  DELINQUENCY RATES. SCHOOL AUTHORITIES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05399-01-5

A. 3759                             2

SHALL RECRUIT STUDENTS FROM SUCH AREAS. EACH CLASS SHALL CONTAIN NO MORE
THAN TWENTY STUDENTS, AND EACH HIGH SCHOOL OR PROGRAM SHALL  CONTAIN  NO
MORE THAN TWENTY CLASSES.
  D. THE POLICE TRAINING CURRICULUM SHALL INCLUDE A SUMMER SCHOOL COMPO-
NENT.  THIS COMPONENT SHALL BE OFFERED AT ONE OR MORE OF THE CAMPUSES OF
THE CITY UNIVERSITY OF NEW YORK OR THE  STATE  UNIVERSITY  OF  NEW  YORK
HAVING  PROGRAMS  IN  CRIMINAL  JUSTICE. NECESSARY ARRANGEMENTS THEREFOR
SHALL BE MADE BY THE COMMISSIONER IN CONSULTATION WITH  THE  CHANCELLORS
OF  SUCH  UNIVERSITIES.  THE COMMISSIONER MAY, IN HIS OR HER DISCRETION,
ARRANGE FOR A SUMMER SCHOOL COMPONENT  TO  BE  OFFERED  AT  A  COMMUNITY
COLLEGE.
  S  2.  The  section  heading  of section 2514 of the education law, as
added by chapter 762 of the laws of 1950, is amended and a new  subdivi-
sion 4 is added to read as follows:
  Kindergartens,  nursery  [and], night schools AND POLICE TRAINING HIGH
SCHOOLS.
  4. A. EACH SCHOOL DISTRICT SUBJECT TO THE PROVISIONS OF THIS  ARTICLE,
IN  A  CITY  HAVING  A  POPULATION  OF ONE HUNDRED THOUSAND OR MORE, MAY
ESTABLISH A POLICE TRAINING HIGH SCHOOL OR POLICE TRAINING  PROGRAMS  IN
AN EXISTING HIGH SCHOOL WITHIN ITS DISTRICT, EXCEPT THAT THE CITY OF NEW
YORK MAY ESTABLISH SUCH A HIGH SCHOOL IN EACH OF ITS BOROUGHS. SUCH HIGH
SCHOOLS  OR  PROGRAMS SHALL SERVE STUDENTS IN GRADES NINE THROUGH TWELVE
AND SHALL PROVIDE, IN ADDITION TO THE STANDARD  HIGH  SCHOOL  CURRICULUM
OTHERWISE  PRESCRIBED  BY  LAW, SPECIALIZED COURSES CONTAINING EDUCATION
AND TRAINING TO PREPARE STUDENTS FOR ADMISSION TO POLICE  ACADEMIES  AND
CAREERS AS POLICE OFFICERS.
  B.  GUIDELINES FOR THE CURRICULUM FOR SUCH POLICE EDUCATION AND TRAIN-
ING COURSES SHALL BE PRESCRIBED BY  THE  COMMISSIONER,  IN  CONSULTATION
WITH  THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE MUNICIPAL POLICE
TRAINING COUNCIL.  EACH HIGH SCHOOL OR PROGRAM MAY FURTHER  DEVELOP  ITS
OWN  CURRICULUM  IN  CONSULTATION WITH A UNIT OF THE STATE UNIVERSITY OF
NEW YORK OR THE CITY UNIVERSITY OF NEW YORK HAVING  A  CRIMINAL  JUSTICE
SCHOOL OR PROGRAM.
  C. SUCH HIGH SCHOOLS OR PROGRAMS SHALL SERVE STUDENTS LIVING IN POLICE
PRECINCTS  HAVING  HIGH  JUVENILE  DELINQUENCY RATES. SCHOOL AUTHORITIES
SHALL RECRUIT STUDENTS FROM SUCH AREAS. EACH CLASS SHALL CONTAIN NO MORE
THAN TWENTY STUDENTS, AND EACH HIGH SCHOOL OR PROGRAM SHALL  CONTAIN  NO
MORE THAN TWENTY CLASSES.
  D. THE POLICE TRAINING CURRICULUM SHALL INCLUDE A SUMMER SCHOOL COMPO-
NENT.  THIS COMPONENT SHALL BE OFFERED AT ONE OR MORE OF THE CAMPUSES OF
THE CITY UNIVERSITY OF NEW YORK OR THE  STATE  UNIVERSITY  OF  NEW  YORK
HAVING  PROGRAMS  IN  CRIMINAL  JUSTICE. NECESSARY ARRANGEMENTS THEREFOR
SHALL BE MADE BY THE COMMISSIONER IN CONSULTATION WITH  THE  CHANCELLORS
OF  SUCH  UNIVERSITIES.  THE COMMISSIONER MAY, IN HIS OR HER DISCRETION,
ARRANGE FOR A SUMMER SCHOOL COMPONENT  TO  BE  OFFERED  AT  A  COMMUNITY
COLLEGE.
  S  3. The education law is amended by adding a new section 319 to read
as follows:
  S 319. POLICE OFFICER TRAINING CORPS (POTC). 1. THE  COMMISSIONER,  IN
COOPERATION  WITH THE CHANCELLORS OF THE CITY UNIVERSITY OF NEW YORK AND
THE STATE UNIVERSITY OF NEW YORK SHALL ESTABLISH A POTC  PROGRAM  TO  BE
OFFERED  AT  EACH  COLLEGE  OF  SUCH UNIVERSITIES OFFERING UNDERGRADUATE
PROGRAMS IN CRIMINAL JUSTICE.
  2. SUCH POTC PROGRAM SHALL BE BASED ON THE  RESERVE  OFFICER  TRAINING
CORPS (ROTC) OF THE ARMED FORCES OF THE UNITED STATES.

A. 3759                             3

  S  4.  The  education  law is amended by adding a new section 355-d to
read as follows:
  S  355-D.  SPECIAL  POLICE  OFFICER  EDUCATION AND TRAINING POWERS AND
DUTIES. 1. THE STATE UNIVERSITY SHALL COOPERATE WITH THE COMMISSIONER IN
ESTABLISHING AND IMPLEMENTING THE POLICE TRAINING SUMMER  SCHOOL  COMPO-
NENT  PROVIDED  FOR  IN  SUBDIVISION FOUR OF SECTION TWENTY-FIVE HUNDRED
FOURTEEN OR SUBDIVISION FOUR OF SECTION TWENTY-FIVE  HUNDRED  FIFTY-FIVE
OF THIS CHAPTER.
  2.  THE  STATE  UNIVERSITY  SHALL  COOPERATE  WITH THE COMMISSIONER IN
ESTABLISHING A POLICE OFFICER TRAINING  CORPS  (POTC)  PROVIDED  FOR  IN
SECTION THREE HUNDRED NINETEEN OF THIS TITLE.
  3. IN THE CONSIDERATION OF APPLICATIONS FOR ADMISSION TO UNDERGRADUATE
CRIMINAL  JUSTICE  PROGRAMS,  AN  APPLICANT'S  GRADUATION  FROM A POLICE
TRAINING HIGH SCHOOL OR PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION FOUR
OF SECTION TWENTY-FIVE HUNDRED FOURTEEN OR SUBDIVISION FOUR  OF  SECTION
TWENTY-FIVE  HUNDRED  FIFTY-FIVE  OF THIS CHAPTER SHALL BE REGARDED AS A
FACTOR WEIGHING IN FAVOR OF ADMISSION.
  S 5. The education law is amended by adding a new  section  6204-b  to
read as follows:
  S  6204-B.  SPECIAL  POLICE  OFFICER EDUCATION AND TRAINING POWERS AND
DUTIES. 1. THE CITY UNIVERSITY SHALL COOPERATE WITH THE COMMISSIONER  IN
ESTABLISHING  AND  IMPLEMENTING THE POLICE TRAINING SUMMER SCHOOL COMPO-
NENT PROVIDED FOR IN SUBDIVISION FOUR  OF  SECTION  TWENTY-FIVE  HUNDRED
FOURTEEN  OR  SUBDIVISION FOUR OF SECTION TWENTY-FIVE HUNDRED FIFTY-FIVE
OF THIS CHAPTER.
  2. THE CITY UNIVERSITY SHALL COOPERATE WITH THE COMMISSIONER IN ESTAB-
LISHING A POLICE OFFICER TRAINING CORPS (POTC) PROVIDED FOR  IN  SECTION
THREE HUNDRED NINETEEN OF THIS CHAPTER.
  3.  IN  THE  CONSIDERATION  OF  APPLICATIONS FOR ADMISSION TO JOHN JAY
COLLEGE OF CRIMINAL JUSTICE OR ANY OTHER UNDERGRADUATE CRIMINAL  JUSTICE
PROGRAMS,  AN  APPLICANT'S GRADUATION FROM A POLICE TRAINING HIGH SCHOOL
ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION TWENTY-FIVE  HUNDRED
FOURTEEN  OR  SUBDIVISION FOUR OF SECTION TWENTY-FIVE HUNDRED FIFTY-FIVE
OF THIS CHAPTER SHALL BE REGARDED AS  A  FACTOR  WEIGHING  IN  FAVOR  OF
ADMISSION.
  S  6.  Article  4  of the civil service law is amended by adding a new
title C to read as follows:
                                 TITLE C
                SPECIAL PROVISIONS FOR POLICE RECRUITMENT
SECTION 67. SPECIAL PROVISIONS FOR POLICE RECRUITMENT.
  S 67. SPECIAL PROVISIONS FOR POLICE RECRUITMENT. 1. (A) THE PROVISIONS
OF THIS SECTION SHALL SUPERSEDE  ANY  INCONSISTENT  PROVISIONS  OF  THIS
ARTICLE AND SHALL APPLY TO THE RECRUITMENT OF PERSONS TO FILL ALL AVAIL-
ABLE  POSITIONS  AS  POLICE  OFFICERS,  AS  THE TERM "POLICE OFFICER" IS
DEFINED BY SUBDIVISION THIRTY-FOUR  OF  SECTION  1.20  OF  THE  CRIMINAL
PROCEDURE  LAW, IN ANY CITY WITH A POPULATION OF ONE HUNDRED THOUSAND OR
MORE WHICH HAS ADOPTED A LOCAL LAW WHICH GRANTS  ADDITIONAL  CREDITS  IN
COMPETITIVE EXAMINATIONS FOR ORIGINAL APPOINTMENT AS DESCRIBED IN SUBDI-
VISION TWO OF THIS SECTION.
  (B)  FOR  THE  PURPOSES  OF  THIS SECTION, THE TERM "GRADUATE" MEANS A
PERSON GRADUATED FROM A POLICE TRAINING HIGH SCHOOL  OR  PROGRAM  ESTAB-
LISHED PURSUANT TO SUBDIVISION FOUR OF SECTION TWENTY-FIVE HUNDRED FOUR-
TEEN  OR  SUBDIVISION  FOUR OF SECTION TWENTY-FIVE HUNDRED FIFTY-FIVE OF
THE EDUCATION LAW.
  2.  ADDITIONAL  CREDITS  IN  COMPETITIVE  EXAMINATIONS  FOR   ORIGINAL
APPOINTMENT.

A. 3759                             4

  (A)  IN  ANY  CITY  WITH  A POPULATION OF ONE HUNDRED THOUSAND OR MORE
WHICH HAS ADOPTED A LOCAL LAW WHICH GRANTS ADDITIONAL CREDIT IN  COMPET-
ITIVE  NOMINATIONS  FOR  ORIGINAL APPOINTMENT TO GRADUATES AS DEFINED IN
PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, ON ALL ELIGIBLE  LISTS
RESULTING FROM COMPETITIVE EXAMINATIONS, THE NAMES OF ELIGIBLES SHALL BE
ENTERED  IN  THE ORDER OF THEIR RESPECTIVE FINAL EARNED RATINGS ON EXAM-
INATION, WITH THE NAME OF THE ELIGIBLE WITH  THE  HIGHEST  FINAL  EARNED
RATING AT THE HEAD OF SUCH LIST, PROVIDED, HOWEVER, THAT FOR THE PURPOSE
OF DETERMINING FINAL EARNED RATINGS, SUCH GRADUATES SHALL BE ENTITLED TO
RECEIVE FIVE POINTS ADDITIONAL IN A COMPETITIVE EXAMINATION FOR ORIGINAL
APPOINTMENT.
  (B)  SUCH  ADDITIONAL CREDIT SHALL BE ADDED TO THE FINAL EARNED RATING
OF SUCH GRADUATE AFTER HE OR SHE HAS QUALIFIED IN THE COMPETITIVE  EXAM-
INATION  AND  SHALL  BE GRANTED ONLY AT THE TIME OF ESTABLISHMENT OF THE
RESULTING ELIGIBLE LIST.
  3. APPLICATION FOR ADDITIONAL CREDIT; PROOF OF ELIGIBILITY; ESTABLISH-
MENT OF ELIGIBLE LIST. ANY CANDIDATE, BELIEVING HIMSELF OR HERSELF ENTI-
TLED TO ADDITIONAL CREDIT IN A COMPETITIVE EXAMINATION AS PROVIDED HERE-
IN, MAY MAKE APPLICATION FOR SUCH ADDITIONAL CREDIT AT ANY TIME  BETWEEN
THE  DATE  OF HIS OR HER APPLICATION FOR EXAMINATION AND THE DATE OF THE
ESTABLISHMENT OF THE RESULTING ELIGIBLE LIST. SUCH CANDIDATES  SHALL  BE
ALLOWED A PERIOD OF NOT LESS THAN TWO MONTHS FROM THE DATE OF THE FILING
OF  HIS  OR  HER  APPLICATION  FOR  EXAMINATION IN WHICH TO ESTABLISH BY
APPROPRIATE DOCUMENTARY PROOF HIS OR HER ELIGIBILITY  TO  RECEIVE  ADDI-
TIONAL  CREDIT  UNDER  THIS  SECTION.  AT ANY TIME AFTER TWO MONTHS HAVE
ELAPSED SINCE THE FINAL DATE FOR FILING APPLICATIONS FOR  A  COMPETITIVE
EXAMINATION  FOR  ORIGINAL APPOINTMENT, THE ELIGIBLE LIST RESULTING FROM
SUCH EXAMINATION MAY BE ESTABLISHED, NOTWITHSTANDING  THE  FACT  THAT  A
GRADUATE  WHO  HAS APPLIED FOR ADDITIONAL CREDIT HAS FAILED TO ESTABLISH
HIS OR HER ELIGIBILITY TO RECEIVE SUCH ADDITIONAL  CREDIT.  A  CANDIDATE
WHO  FAILS  TO  ESTABLISH,  BY APPROPRIATE DOCUMENTARY PROOF, HIS OR HER
ELIGIBILITY TO RECEIVE ADDITIONAL CREDIT BY THE TIME AN ELIGIBLE LIST IS
ESTABLISHED SHALL NOT THEREAFTER BE GRANTED ADDITIONAL  CREDIT  ON  SUCH
ELIGIBLE LIST.
  4.  THE ADDITIONAL CREDIT GRANTED PURSUANT TO THIS SECTION SHALL BE IN
ADDITION TO ANY OTHER ADDITIONAL CREDIT THAT MAY BE AUTHORIZED  PURSUANT
TO ANY GENERAL, SPECIAL OR LOCAL LAW.
  5.    IN ADDITION TO CONSIDERATION OF COMPETITIVE EXAMINATION RESULTS,
IN THE RECRUITMENT OF  POLICE  OFFICERS,  ADDITIONAL  CONSIDERATION  AND
WEIGHT SHALL BE ACCORDED TO GRADUATES AS FOLLOWS:
  (A) A GRADUATE'S STATUS AS AN APPLICANT WITH PERTINENT AND SPECIALIZED
TRAINING  SHALL  BE  CONSIDERED  AS  ADDITIONAL  EVIDENCE OF FITNESS FOR
APPOINTMENT;
  (B) A GRADUATE'S SUCCESSFUL COMPLETION OF AN UNDERGRADUATE PROGRAM  IN
CRIMINAL  JUSTICE  SHALL BE CONSIDERED AS ADDITIONAL EVIDENCE OF FITNESS
FOR APPOINTMENT; AND
  (C) A GRADUATE'S EMPLOYMENT BY A POLICE  DEPARTMENT  OR  AGENCY  IN  A
CIVILIAN  OR  NON-SWORN  CAPACITY  SHALL  BE  CONSIDERED  AS  ADDITIONAL
EVIDENCE OF FITNESS FOR APPOINTMENT.
  S 7. This act shall take effect immediately.

assembly Bill A3757

Grants a waiver of half of the civil service examination fee for veterans

download pdf

Sponsor

Bill Status


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

actions

Summary

Grants a waiver of half of the civil service examination fee for veterans.

Bill Details

Versions:
A3757
Current Committee:
Law Section:
Civil Service Law
Laws Affected:
Add §50-d, Civ Serv L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3757

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A.  GOLDFEDER,  BRINDISI, PERRY -- read once and
  referred to the Committee on Governmental Employees

AN ACT to amend the civil service law, in relation to granting a  waiver
  of half of the civil service examination fee to veterans

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

  Section 1. The civil service law is amended by adding  a  new  section
50-d to read as follows:
  S  50-D.  CIVIL  SERVICE EXAMINATION FEE; WAIVER FOR VETERANS. 1.  THE
PRESIDENT, IN  CONSULTATION  WITH  THE  DEPARTMENT,  SHALL  ESTABLISH  A
PROGRAM  WAIVING  HALF OF THE CIVIL SERVICE EXAMINATION FEE FOR VETERANS
AS DEFINED PURSUANT TO SUBDIVISION ONE  OF  SECTION  TWENTY-SIX  HUNDRED
THIRTY-TWO OF THE PUBLIC HEALTH LAW.
 2.  THE  WAIVER,  GRANTED  PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
SHALL BE ADMINISTERED BY THE PRESIDENT, IN CONJUNCTION WITH THE  DEPART-
MENT.  EACH  SUCH  PERSON SHALL BE GRANTED A WAIVER FOR A MAXIMUM OF TWO
APPLICATIONS FILED, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE,  TO
COMPETE IN AN EXAMINATION FOR A POSITION IN A COMPETITIVE OR NON-COMPET-
ITIVE  CLASS OF CIVIL SERVICE EMPLOYMENT IN THE STATE OF NEW YORK OR ANY
OF ITS SUBDIVISIONS, OR IN A LABOR CLASS WHEN EXAMINATION  FOR  APPOINT-
MENT IS REQUIRED.
  3.  THE PRESIDENT SHALL ESTABLISH AND PROMULGATE RULES AND REGULATIONS
FOR THE PURPOSE OF ESTABLISHING AND  CARRYING  OUT  SUCH  CIVIL  SERVICE
EXAMINATION FEE WAIVER PROGRAM. SUCH RULES AND REGULATIONS SHALL REQUIRE
THE  PRESENTATION  OF DD FORM 214 OR ANY OTHER SUCH DOCUMENT AS PROOF OF
SUCH PERSON'S STATUS AS A VETERAN.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that,  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date  is  authorized
to be made on or before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06367-01-5

assembly Bill A3709

Creates the linguistic and culturally compatible accident prevention course pilot program

download pdf

Sponsor

Bill Status


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

actions

Summary

Creates the linguistic and culturally compatible accident prevention course pilot program.

Bill Details

Versions:
A3709
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §399-e, add Art 12-D §§399-p - 399-s, V & T L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3709

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M. of A. MOYA -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic law, in relation to the creation
  of a linguistic and culturally compatible accident  prevention  course
  pilot program

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

  Section 1. Subdivision 1 of section 399-e of the vehicle  and  traffic
law is amended by adding a new paragraph (g) to read as follows:
  (G)  THE  COMMISSIONER IS AUTHORIZED TO APPROVE ANY APPLICATION FROM A
MINORITY OR WOMEN BUSINESS ENTERPRISE PARTICIPATING IN A  PILOT  PROGRAM
AUTHORIZED  UNDER ARTICLE TWELVE-D OF THIS TITLE, EVEN IF SUCH APPLICANT
DOES NOT MEET ALL OF THE CRITERIA SET FORTH  IN  THIS  SUBDIVISION,  AND
SHALL  NOT  REQUIRE  THE PRIOR COMPLIANCE BY SUCH APPLICANT WITH SECTION
THREE HUNDRED NINETY-NINE-F OF THIS TITLE IN ORDER  TO  APPROVE  PARTIC-
IPATION  IN  THE PILOT PROGRAM AUTHORIZED UNDER ARTICLE TWELVE-D OF THIS
TITLE PROVIDED THE APPLICANT CAN DEMONSTRATE A CAPACITY TO GENERATE  AND
MAINTAIN  THE EFFICACY DATA REQUIRED UNDER SECTION THREE HUNDRED NINETY-
NINE-F OF THIS TITLE DURING THE  PERIOD  OF  TIME  WHILE  IN  THE  PILOT
PROGRAM.
  S  2.  The  vehicle and traffic law is amended by adding a new article
12-D to read as follows:
                              ARTICLE 12-D
              LINGUISTIC AND CULTURALLY COMPATIBLE ACCIDENT
                     PREVENTION COURSE PILOT PROGRAM
SECTION 399-P. LINGUISTIC AND CULTURALLY COMPATIBLE ACCIDENT  PREVENTION
                 COURSE PILOT PROGRAM.
        399-Q. APPLICATION.
        399-R. PILOT PROGRAM SCOPE AND DURATION.
        399-S. REGULATIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06736-01-5

A. 3709                             2

  S  399-P.  LINGUISTIC  AND  CULTURALLY  COMPATIBLE ACCIDENT PREVENTION
COURSE PILOT PROGRAM. THE COMMISSIONER SHALL ESTABLISH AND  IMPLEMENT  A
COMPREHENSIVE  PILOT  PROGRAM  UTILIZING  BUSINESS ENTITIES CERTIFIED AS
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES UNDER ARTICLE FIFTEEN-A  OF
THE  EXECUTIVE  LAW TO ADMINISTER AN APPROVED ACCIDENT PREVENTION COURSE
FOR THE PURPOSES OF GRANTING POINT AND INSURANCE PREMIUM REDUCTION BENE-
FITS.
  S 399-Q.  APPLICATION.  APPLICANTS  FOR  PARTICIPATION  IN  THE  PILOT
PROGRAM  ESTABLISHED  PURSUANT  TO  THIS ARTICLE SHALL BE CERTIFIED AS A
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE UNDER ARTICLE  FIFTEEN-A  OF
THE  EXECUTIVE  LAW FOR AT LEAST THE THREE YEARS PRECEDING THE EFFECTIVE
DATE OF THIS SECTION, HAVE SOME EXPERIENCE  IN  TEACHING  DRIVER  SAFETY
AND/OR  DRIVER LICENSE PREPARATORY COURSES AND DEMONSTRATE A PROFICIENCY
IN DELIVERING INSTRUCTION IN AT LEAST FOUR OR MORE LANGUAGES OTHER  THAN
ENGLISH WHICH THE COMMISSIONER DESIGNATES AS A PREVALENT LANGUAGE WITHIN
THE  STATE.  IN  ORDER  TO  BE  APPROVED FOR PARTICIPATION IN SUCH PILOT
PROGRAM, THE COURSE MUST COMPLY WITH THE PROVISIONS OF  LAW,  RULES  AND
REGULATIONS  APPLICABLE  THERETO.  THE  COMMISSIONER  MAY, IN HIS OR HER
DISCRETION, IMPOSE A REASONABLE FEE FOR THE SUBMISSION OF EACH  APPLICA-
TION  TO  PARTICIPATE  IN THE PILOT PROGRAM ESTABLISHED PURSUANT TO THIS
ARTICLE. SUCH A  FEE  SHALL  NOT  EXCEED  SEVEN  THOUSAND  FIVE  HUNDRED
DOLLARS.
  S  399-R.  PILOT  PROGRAM  SCOPE  AND DURATION. THE COMMISSIONER SHALL
CONDUCT A PILOT PROGRAM DESIGNED TO EXPAND THE  CULTURAL  COMPETENCY  OF
PROVIDERS  OF  ACCIDENT  PREVENTION COURSES BY REQUIRING PROVIDERS UNDER
THE PROGRAM TO BE CERTIFIED MINORITY OR  WOMEN-OWNED  ENTERPRISES  UNDER
ARTICLE  FIFTEEN-A  OF THE EXECUTIVE LAW, AND WHO HAVE THE CAPABILITY OF
DELIVERING INSTRUCTION IN AT LEAST FIVE LANGUAGES DESIGNATED AS PREDOMI-
NANT LANGUAGES USED IN THE  STATE  BY  THE  COMMISSIONER,  INCLUSIVE  OF
ENGLISH,  TO STUDENTS PARTICIPATING IN AN ACCIDENT PREVENTION COURSE FOR
POINT AND INSURANCE PREMIUM REDUCTION BENEFITS. APPLICANT  PARTICIPATION
IN THE PILOT PROGRAM SHALL BE LIMITED TO FIVE YEARS.
  S  399-S.  REGULATIONS. 1. THE COMMISSIONER IS AUTHORIZED AND DIRECTED
TO PROMULGATE ANY RULES  AND  REGULATIONS  NECESSARY  TO  IMPLEMENT  THE
PROVISIONS  OF THIS ARTICLE TO ENSURE THE COMPETENT DELIVERY OF INSTRUC-
TION TO STUDENTS ENROLLED IN ACCIDENT  PREVENTION  COURSES  OPERATED  BY
ENTITIES  PARTICIPATING IN THE PILOT PROGRAM AUTHORIZED UNDER THIS ARTI-
CLE, AND  TO  REQUIRE  SAFEGUARDS  TO  ENSURE  THAT  ENROLLEES  ACTUALLY
RECEIVED  SUCH  INSTRUCTION, IN A CLASSROOM SETTING OR VIA THE INTERNET,
PRIOR TO ANY CERTIFICATION THAT AN ENROLLEE HAD  SUCCESSFULLY  COMPLETED
THE  NECESSARY  TRAINING, AND ANY OTHER AND FURTHER RULES OR REGULATIONS
THE COMMISSIONER MAY DEEM NECESSARY AND PROPER.
  2. THE COMMISSIONER IS AUTHORIZED TO IMPOSE A FEE UPON  EACH  ACCIDENT
PREVENTION  COURSE  SPONSORING  AGENCY APPROVED FOR PARTICIPATION IN THE
PILOT PROGRAM, WHICH SHALL NOT EXCEED TEN DOLLARS FOR EACH  STUDENT  WHO
COMPLETES AN ACCIDENT PREVENTION COURSE UNDER THIS PILOT PROGRAM.
  S 3. This act shall take effect immediately.

assembly Bill A3707

Expands the New York state low income housing tax credit program to certain one to four family residences

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Sponsor

Bill Status


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

actions

Summary

Expands the New York state low income housing tax credit program to certain one to four family residences, including a cooperative or a condominium unit.

Bill Details

Versions:
A3707
Current Committee:
Law Section:
Public Housing Law
Laws Affected:
Amd §§21, 22 & 23, Pub Hous L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3707

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. FITZPATRICK, FINCH, RA, MONTESANO -- Multi-Spon-
  sored by -- M. of A.  BARCLAY, CROUCH, CURRAN, GIGLIO, GOODELL,  KOLB,
  McDONOUGH,  RAIA, TEDISCO, TENNEY, THIELE -- read once and referred to
  the Committee on Housing

AN ACT to amend the public housing law, in relation to expanding the New
  York state low income housing tax credit program  to  certain  one  to
  four  family  residences  and  providing  for  the  repeal  of certain
  provisions upon expiration thereof

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

  Section  1.   Subdivisions 6 and 7 of section 21 of the public housing
law, as added by section 1 of part CC of chapter 63 of the laws of 2000,
are amended and four new subdivisions 8, 9, 10 and 11 are added to  read
as follows:
  6.  "Qualified  basis"  of  an  eligible low-income building means the
qualified basis of such building determined under section 42(c)  of  the
internal  revenue  code, or which would be determined under such section
if the 40-90 test specified in paragraph (b) of subdivision five of this
section applied under such section 42 to determine if such building were
part of a qualified low-income housing project OR IN THE CASE OF A QUAL-
IFIED RESIDENCE, MEANS ITS ADJUSTED BASIS (EXCLUDING  LAND)  IMMEDIATELY
BEFORE THE SALE OF SUCH RESIDENCE.
  7.  References  in this article to [section] SECTIONS 5, 42 AND 143 of
the internal revenue code shall mean such section as amended  from  time
to time.
  8. "QUALIFIED RESIDENCE" MEANS ANY RESIDENCE
  (A) WHICH IS LOCATED:
  (I)  IN A CENSUS TRACT IN WHICH SEVENTY PERCENT OF THE FAMILIES HAVE A
MEDIAN GROSS INCOME THAT IS LESS THAN NINETY PERCENT OF THE  GREATER  OF
AREA OR STATEWIDE MEDIAN GROSS INCOME,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05786-01-5

A. 3707                             2

  (II) IN A RURAL AREA (DEFINED UNDER SECTION 520 OF THE FEDERAL HOUSING
ACT OF 1949),
  (III) ON A RESERVATION FOR A FEDERALLY RECOGNIZED INDIAN TRIBE, OR
  (IV)  IN  AN  AREA OF CHRONIC ECONOMIC DISTRESS, AS DEFINED BY SECTION
143 OF THE INTERNAL REVENUE CODE; AND
  (B) WHICH IS PURCHASED BY A QUALIFIED BUYER.
  9. "RESIDENCE" MEANS
  (A) A SINGLE-FAMILY HOME CONTAINING ONE TO FOUR HOUSING UNITS, OR
  (B) A CONDOMINIUM UNIT, OR STOCK IN A COOPERATIVE HOUSING CORPORATION.
  10. "QUALIFIED BUYER" MEANS A PERSON OR PERSONS  OF  LOW  OR  MODERATE
INCOME AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION TWENTY-FOUR HUNDRED
TWO OF THE PUBLIC AUTHORITIES LAW.
  11.  "SUBSTANTIALLY  REHABILITATES"  MEANS REHABILITATION EXPENDITURES
PAID OR INCURRED WITH RESPECT TO A QUALIFIED RESIDENCE THAT ARE AT LEAST
FIFTEEN THOUSAND DOLLARS.
  S 2. Subdivisions 1, 2, 3 and 5 of section 22 of  the  public  housing
law, as added by section 1 of part CC of chapter 63 of the laws of 2000,
are amended to read as follows:
  1.  A  taxpayer subject to tax under article nine-A, twenty-two, thir-
ty-two or thirty-three of the tax law which owns an interest in  one  or
more eligible low-income buildings OR WHO SUBSTANTIALLY REHABILITATES OR
CONSTRUCTS  A QUALIFIED RESIDENCE shall be allowed a credit against such
tax for the amount of low-income housing credit allocated by the commis-
sioner to each such building. Except as provided in subdivision  two  of
this section, the credit amount so allocated shall be allowed as a cred-
it against the tax for the ten taxable years in the credit period.
  2. Adjustment of first-year credit allowed in eleventh year. The cred-
it  allowable  for  the  first  taxable  year  of the credit period with
respect to any building OR QUALIFIED RESIDENCE shall be  adjusted  using
the  rules of section 42(f)(2) of the internal revenue code (relating to
first-year adjustment of qualified basis  by  the  weighted  average  of
low-income  to total residential units), and any reduction in first-year
credit by reason of such adjustment shall be  allowable  for  the  first
taxable year following the credit period.
  3.  Amount of credit. Except as provided in subdivisions four and five
of this section, the amount of low-income housing credit  shall  be  the
applicable percentage of the qualified basis of each eligible low-income
building OR QUALIFIED RESIDENCE.
  5.  Building  limitation. The dollar amount of credit allocated to any
building shall not exceed the  amount  the  commissioner  determines  is
necessary for the financial feasibility of the project and the viability
of  the  building  as  an eligible low-income building OR AS A QUALIFIED
RESIDENCE throughout the credit period. In allocating a dollar amount of
credit to any building, the commissioner shall  specify  the  applicable
percentage  and  the  maximum  qualified  basis  which may be taken into
account under this article with respect to such building. The applicable
percentage and the maximum qualified basis with respect  to  a  building
shall  not  exceed  the  amounts determined in subdivisions one and six,
respectively, of section twenty-one of this article.
  S 3. Subdivision 4 of section 22 of the public housing law, as amended
by section 1 of part P of chapter 59 of the laws of 2014, is amended  to
read as follows:
  4.  Statewide  limitation. The aggregate dollar amount of credit which
the commissioner may allocate to  eligible  low-income  buildings  under
this  article  shall  be fifty-six million dollars. THE AGGREGATE DOLLAR
AMOUNT OF CREDIT WHICH THE COMMISSIONER MAY ALLOCATE TO ELIGIBLE  QUALI-

A. 3707                             3

FIED  RESIDENTS SHALL BE SIX MILLION DOLLARS. The limitation provided by
this subdivision applies only to  allocation  of  the  aggregate  dollar
amount of credit by the commissioner, and does not apply to allowance to
a taxpayer of the credit with respect to an eligible low-income building
for each year of the credit period.
  S  3-a.  Subdivision  4  of  section  22 of the public housing law, as
amended by section 2 of part P of chapter 59 of the  laws  of  2014,  is
amended to read as follows:
  4.  Statewide  limitation. The aggregate dollar amount of credit which
the commissioner may allocate to  eligible  low-income  buildings  under
this  article  shall be sixty-four million dollars. THE AGGREGATE DOLLAR
AMOUNT OF CREDIT WHICH THE COMMISSIONER MAY ALLOCATE TO ELIGIBLE  QUALI-
FIED  RESIDENTS SHALL BE SIX MILLION DOLLARS. The limitation provided by
this subdivision applies only to  allocation  of  the  aggregate  dollar
amount of credit by the commissioner, and does not apply to allowance to
a taxpayer of the credit with respect to an eligible low-income building
for each year of the credit period.
  S  4.  Section  23 of the public housing law, as added by section 1 of
part CC of chapter 63 of the  laws  of  2000,  is  amended  to  read  as
follows:
  S 23. Project monitoring. The commissioner shall establish such proce-
dures  as  he  deems  necessary for monitoring compliance of an eligible
low-income building OR QUALIFIED RESIDENCE with the provisions  of  this
article,  and  for notifying the commissioner of taxation and finance of
any such noncompliance of which he becomes aware.
  S 5. This act shall take effect immediately; provided,  however,  that
section  three  of  this  act shall expire and be deemed repealed on the
same date section 2 of part P of chapter 59 of the laws  of  2014  takes
effect  when  upon  such  date  section  three-a  of this act shall take
effect.

assembly Bill A3705

Eliminates Incentive Operating Aid from the Gap Elimination Adjustment formula

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Sponsor

Bill Status


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

actions

Summary

Eliminates incentive operating aid from the gap elimination adjustment formula.

Bill Details

Versions:
A3705
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§211-d & 3602, Ed L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3705

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. TENNEY, BLANKENBUSH, NOJAY -- Multi-Sponsored by
  -- M. of A. BARCLAY, CROUCH, HAWLEY,  McLAUGHLIN,  PALMESANO  --  read
  once and referred to the Committee on Education

AN  ACT  to amend the education law, in relation to removing any portion
  of incentive operating aid from the gap elimination adjustment

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

  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
2014, 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07515-01-5

A. 3705                             2

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. For purposes of this paragraph, the "gap
elimination adjustment percentage" shall be calculated as the sum of one
minus the quotient of the sum of the school district's  net  gap  elimi-
nation  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 adjustment computed pursuant to chapter
fifty-three of the laws of two thousand  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.  PROVIDED,  HOWEVER, THAT THE GAP ELIMINATION ADJUSTMENT SHALL NOT
BE APPLIED TO ANY PORTION OF FUNDS RECEIVED THROUGH INCENTIVE  OPERATING
AID PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
  S  2.  Paragraph  cc of subdivision 1 of section 3602 of the education
law, as added by section 25 of part A of chapter 58 of the laws of 2011,
is amended to read as follows:
  cc. "Gap elimination adjustment percentage" shall mean the quotient of
the gap elimination adjustment amount set forth for each school district
as "GAP ELIMINATION ADJUSTMENT" under  the  heading  "2011-12  ESTIMATED
AIDS" in the school aid computer listing produced by the commissioner in
support  of the enacted budget for the two thousand eleven--two thousand
twelve school year and entitled  "SA111-2",  divided  by  the  statewide
total  of  all such gap elimination adjustment amounts set forth for all
districts in such school aid computer listing. PROVIDED,  HOWEVER,  THAT
THE  GAP  ELIMINATION  ADJUSTMENT SHALL NOT BE APPLIED TO ANY PORTION OF
FUNDS RECEIVED THROUGH INCENTIVE OPERATING AID PURSUANT TO THIS SECTION.

A. 3705                             3

  S 3. Paragraph a, the opening paragraph of paragraph b and paragraph c
of subdivision 17 of section 3602 of the education law, paragraph a  and
the opening paragraph of paragraph b as added by section 37 of part A of
chapter  58  of the laws of 2011 and paragraph c as amended by section 6
of  part  A  of  chapter  57 of the laws of 2012, are amended to read as
follows:
  a. Notwithstanding any other provision of law  to  the  contrary,  the
commissioner  shall  reduce  payments  due  to each district for the two
thousand eleven--two thousand twelve school year and thereafter pursuant
to section thirty-six hundred nine-a of this article by an amount  equal
to  the  gap elimination adjustment computed for such district, and such
amount shall be deducted from moneys apportioned  for  the  purposes  of
payments  made pursuant to such section thirty-six hundred nine-a and if
the reduction is greater than the sum of the amounts available for  such
deductions,  the  remainder  of  the  reduction  shall  be withheld from
payments scheduled to be made to the district pursuant to section  thir-
ty-six  hundred  nine-a  for  the  following  school  year, and provided
further that an amount equal to the amount of such  deduction  shall  be
deemed  to  have  been paid to the district pursuant to this section for
the school year in which such deduction is made. The commissioner  shall
compute  such gap elimination adjustment and shall provide a schedule of
such reduction in payments to the state comptroller, the director of the
budget, the chair of the senate finance committee and the chair  of  the
assembly ways and means committee. PROVIDED HOWEVER, THAT THE GAP ELIMI-
NATION  ADJUSTMENT SHALL NOT BE APPLIED TO ANY PORTION OF FUNDS RECEIVED
THROUGH INCENTIVE OPERATING AID PURSUANT TO THIS SECTION.
  The gap elimination adjustment for the two thousand eleven--two  thou-
sand  twelve school year shall be computed as follows, PROVIDED HOWEVER,
THAT THE GAP ELIMINATION ADJUSTMENT SHALL NOT BE APPLIED TO ANY  PORTION
OF  FUNDS  RECEIVED  THROUGH  INCENTIVE  OPERATING  AID PURSUANT TO THIS
SECTION, based on an updated  electronic  [date]  DATA  file  containing
actual  and  estimated  data  relating  to  apportionments due and owing
during the current school year and projections  of  such  apportionments
for  the following school year to school districts and boards of cooper-
ative educational services from the general support for public  schools,
growth  and  boards  of  cooperative educational services appropriations
produced pursuant to paragraph b of subdivision  twenty-one  of  section
three  hundred  five  of  this chapter on February fifteenth of the base
year. The gap elimination adjustment for  a  district  shall  equal  the
lesser  of  the  district's  percentage  reduction  and  its TGFE check,
provided, however, that in the case of a  district  with  a  tax  effort
ratio  greater  than four percent (0.04) and a combined wealth ratio for
total foundation aid computed pursuant to subparagraph two of  paragraph
c  of  subdivision three of this section that is less than one and five-
tenths (1.5), the gap elimination adjustment for a district shall  equal
the  lesser  of  the  percentage  reduction,  the TGFE check and the tax
effort reduction, and further provided that in  the  case  of  a  school
district,  other  than  a  city school district of a city having a popu-
lation in excess of one hundred twenty-five thousand, with (A) an admin-
istrative efficiency ratio of less than  one  and  eight-tenths  percent
(0.018)  and  (B) an administrative expense per pupil of less than three
hundred forty-eight dollars ($348), the gap elimination adjustment shall
be reduced by an amount equal to the administrative efficiency  restora-
tion,  and  further provided that, where applicable, the gap elimination
adjustment shall be reduced by an amount equal to the sum of the  needs-

A. 3705                             4

based  restoration  plus the low wealth-high tax effort restoration plus
the enrollment adjustment award.
  c.  The  gap  elimination  adjustment for the two thousand twelve--two
thousand thirteen school year and thereafter shall be equal to  the  gap
elimination adjustment for the base year, plus, in any year in which the
preliminary growth amount exceeds the allowable growth amount, the prod-
uct  of  the gap elimination adjustment percentage for such district and
the positive difference, if any, between the preliminary  growth  amount
less  the  allowable  growth amount, as computed pursuant to subdivision
one of this section, and less the gap elimination adjustment restoration
amount, if any, allocated pursuant to this section.  PROVIDED,  HOWEVER,
THAT  THE GAP ELIMINATION ADJUSTMENT SHALL NOT BE APPLIED TO ANY PORTION
OF FUNDS RECEIVED THROUGH  INCENTIVE  OPERATING  AID  PURSUANT  TO  THIS
SECTION.
  S 4. This act shall take effect immediately.

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