EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12370-02-9
S. 56--A 2 A. 156--A
means of an accelerated procedure, providing for the custody by the
department of correctional services of inmates serving definite
sentences and providing for custody of federal prisoners (Part H); to
amend the correction law, in relation to delaying the implementation
date for certain mental health programs in the department of
corrections until July 2014; limiting certain mental health programs
to level one and level two correctional facilities; and in relation to
training requirements for these programs; and repealing certain
provisions of such law relating thereto (Part I); to amend the execu-
tive law and the penal law, in relation to the eligibility criteria
for medical parole (Part J); to amend the correction law, in relation
to authorizing the sale of food products to charitable organizations
(Part K); to amend the correction law, in relation to expanding eligi-
bility for the shock incarceration program and to permitting time
credit allowances for certain inmates (Part L); to amend the executive
law and the correction law, in relation to eliminating reimbursement
to localities for housing technical parole violators and state ready
inmates except in situations where the department of correctional
services is unable to provide a general confinement bed within ten
business days of notification; and to repeal certain provisions of
such laws relating thereto (Part M); to amend the executive law, in
relation to supporting the use of graduated sanctions for parole
violators and allowing parole board members to use a risk and needs
assessment instrument in making their release determinations (Part N);
to amend the criminal procedure law, in relation to permitting a term
of interim probation to be credited against a subsequent sentence of
probation; and to amend the executive law, in relation to allowing for
the implementation of a probation registration fee (Part O); to repeal
section 576 of the executive law, relating to eliminating the batter-
ers program that is administered by the office for the prevention of
domestic violence (Part P); to amend the correction law and the execu-
tive law, in relation to providing that the state commission of
correction is not mandated to have oversight over facilities accred-
ited with the American Correctional Association; to amend the
correction law and the criminal procedure law, in relation to provid-
ing county jails with options to reduce their operating costs; and to
repeal certain provisions of the correction law relating thereto (Part
Q); to amend the executive law, in relation to increasing the fee paid
by nuclear power generating plant operators in support of state and
local radiological emergency preparedness requirements; and to repeal
certain provisions of such law relating thereto (Part R); to amend the
vehicle and traffic law, in relation to the denial of registration or
renewal for certain violations; in relation to the suspension of
registration for failure to answer or pay penalties with respect to
certain violations; and in relation to establishing a photo-monitoring
program to impose fines for failing to obey work zone speed limits and
for failing to obey certain posted speed limits (Part S); to amend the
insurance law, in relation to the motor vehicle law enforcement fee;
to amend the state finance law, in relation to the motor vehicle theft
and insurance fund and the state police motor vehicle law enforcement
account; to amend the executive law, in relation to making permanent
the applicability of the plan of operation and grant award process of
the motor vehicle theft and insurance fraud prevention demonstration
program; to amend chapter 62 of the laws of 2003, amending the insur-
ance law and other laws relating to motor vehicle law enforcement
fees, to amend chapter 56 of the laws of 2004, amending the insurance
S. 56--A 3 A. 156--A
law and the state finance law relating to motor vehicle law enforce-
ment fees and chapter 57 of the laws of 2000, amending the state
finance law relating to a report on automobile theft prevention activ-
ities of the state police, in relation to making certain provisions
permanent; to repeal certain provisions of the insurance law, relating
to providing funding to the motor vehicle theft and insurance fraud
and prevention fund; and to repeal subdivision (bbb) of section 427 of
chapter 55 of the laws of 1992 amending the tax law generally and
enacting the omnibus revenue act of 1992 relating to taxes,
surcharges, fees and funding, relating to making the motor vehicle
theft and insurance fraud prevention fund permanent (Part T); to amend
chapter 887 of the laws of 1983, amending the correction law relating
to the psychological testing of candidates, in relation to extending
the expiration of such chapter; to amend chapter 428 of the laws of
1999, amending the executive law and the criminal procedure law relat-
ing to expanding the geographic area of employment of certain police
officers, in relation to extending the expiration of such chapter; to
amend chapter 886 of the laws of 1972, amending the correction law and
the penal law relating to prisoner furloughs in certain cases and the
crime of absconding therefrom, in relation to extending the expiration
of such chapter; to amend chapter 261 of the laws of 1987, amending
chapters 50, 53 and 54 of the laws of 1987, the correction law, the
penal law and other chapters and laws relating to correctional facili-
ties, in relation to extending the expiration of such chapter; to
amend chapter 55 of the laws of 1992, amending the tax law and other
laws relating to taxes, surcharges, fees and funding, in relation to
extending the expiration of certain provisions of such chapter; to
amend chapter 339 of the laws of 1972, amending the correction law and
the penal law relating to inmate work release, furlough and leave, in
relation to extending the expiration of such chapter; to amend chapter
60 of the laws of 1994 relating to certain provisions which impact
upon expenditure of certain appropriations made by chapter 50 of the
laws of 1994 enacting the state operations budget, in relation to
extending the expiration of certain provisions of such chapter; to
amend chapter 554 of the laws of 1986, amending the correction law and
the penal law relating to providing for community treatment facilities
and establishing the crime of absconding from the community treatment
facility, in relation to extending the expiration of such chapter; to
amend chapter 3 of the laws of 1995, amending the correction law and
other laws relating to the incarceration fee, in relation to extending
the expiration of certain provisions of such chapter; to amend chapter
907 of the laws of 1984, amending the correction law, the New York
city criminal court act and the executive law relating to prison and
jail housing and alternatives to detention and incarceration programs,
in relation to extending the expiration of certain provisions of such
chapter; to amend chapter 166 of the laws of 1991, amending the tax
law and other laws relating to taxes, in relation to extending the
expiration of certain provisions of such chapter; to amend the vehicle
and traffic law, in relation to extending the expiration of the manda-
tory surcharge and victim assistance fee; to amend chapter 713 of the
laws of 1988, amending the vehicle and traffic law relating to the
ignition interlock device program, in relation to extending the expi-
ration thereof; to amend chapter 435 of the laws of 1997, amending the
military law and other laws relating to various provisions, in
relation to extending the expiration date of the merit provisions of
the correction law and the penal law of such chapter; to amend chapter
S. 56--A 4 A. 156--A
412 of the laws of 1999, amending the civil practice law and rules and
the court of claims act relating to prisoner litigation reform, in
relation to extending the expiration of the inmate filing fee
provisions of the civil practice law and rules and general filing fee
provision and inmate property claims exhaustion requirement of the
court of claims act of such chapter; to amend chapter 222 of the laws
of 1994 constituting the family protection and domestic violence
intervention act of 1994, in relation to extending the expiration of
certain provisions of the criminal procedure law requiring the arrest
of certain persons engaged in family violence; to amend chapter 505 of
the laws of 1985, amending the criminal procedure law relating to the
use of closed-circuit television and other protective measures for
certain child witnesses, in relation to extending the expiration of
the provisions thereof; to amend chapter 688 of the laws of 2003,
amending the executive law relating to enacting the interstate compact
for adult offender supervision, in relation to extending the expira-
tion of certain provisions of such chapter; to amend chapter 56 of the
laws of 2000, amending the public health law, the general business law
and the insurance law relating to the sale and possession of hypoderm-
ic syringes and needles in relation to extending the expiration there-
of; to amend chapter 3 of the laws of 1995, enacting the sentencing
reform act of 1995, in relation to extending the expiration of certain
provisions of such chapter; to amend chapter 377 of the laws of 2007
amending the correction law and the criminal procedure law relating to
establishing a probation detainer warrant pilot project, in relation
to extending such chapter; to amend chapter 894 of the laws of 1990
amending the criminal procedure law relating to electronic court
appearances, in relation to the effectiveness thereof; to repeal
section 9 of part B of chapter 58 of the laws of 2007, amending the
public health law, the general business law and the insurance law,
relating to the sale and possession of hypodermic syringes and
needles; to repeal subdivision (r) of section 427 of chapter 55 of the
laws of 1992 amending the tax law and other laws relating to taxes
(Part U); to amend the civil service law, the labor law and the execu-
tive law, in relation to abolishing the state employment relations
board and shift responsibilities to the public employment relations
board; and to repeal certain provisions of the labor law relating
thereto (Part V); to amend the executive law, the state finance law
and the general municipal law, in relation to establishing the office
for procurement services (Part W); to amend the state finance law, in
relation to the distribution of funds to counties for the cost of
legal services for the indigent (Part X); to amend the civil service
law and the state finance law, in relation to allowing the New York
state employee health insurance plan to have the option to be self
insured; and to amend the parks, recreation and historic preservation
law, in relation to the health benefit plan for employees (Part Y); to
amend the civil service law, in relation to contributions for health
insurance coverage of retired state employees (Part Z); to amend the
civil service law, in relation to reimbursement for medicare premium
charges (Part AA); to implement a wage freeze; and providing for the
expiration thereof (Part BB); to amend the retirement and social secu-
rity law, the education law, and the general municipal law, in
relation to the retirement benefits available to newly hired employees
(Part CC); to amend the retirement and social security law and the
administrative code of the city of New York, in relation to the New
York city police or fire revised plan (Part DD); to amend the state
S. 56--A 5 A. 156--A
finance law, in relation to implementing a payroll deferral (Part EE);
to amend the real property tax law, in relation to the payment of
taxes by the state; and to amend the public lands law, in relation to
taxes and assessments for local improvements on state lands and state
aid for certain state-leased or state-owned lands (Part FF); to amend
the state finance law, in relation to aid and incentives for munici-
palities (Part GG); to amend the general municipal law, the state
finance law, the public housing law, the education law, the public
authorities law, chapter 560 of the laws of 1980 authorizing the city
of New York to adopt a solid waste management law, chapter 892 of the
laws of 1971 amending the public authorities law and other laws relat-
ing to enabling the dormitory authority to construct and finance
dormitories, buildings and health facilities, and the labor law, in
relation to separate specifications for public works contracts; to
amend chapter 738 of the laws of 1988, amending the administrative
code of the city of New York and other laws relating to establishing
the New York city school construction authority, in relation to
extending the effectiveness thereof; to amend the civil practice law
and rules, in relation to the impact of collateral source payments
upon tort claims for personal injury, property damage or wrongful
death; to amend the general municipal law, the public housing law, the
state finance law and chapter 585 of the laws of 1939 relating to the
rate of interest to be paid by certain public corporations upon judg-
ments and accrued claims, in relation to the rate of interest paid on
judgments; to amend the general municipal law, in relation to purchas-
ing requirements; to amend the public authorities law, in relation to
bonds issued by the New York city transitional finance authority; to
amend chapter 868 of the laws of 1975 constituting the New York state
financial emergency act for the city of New York, in relation to bond
anticipation notes and to amend the New York city charter, in relation
to bond anticipation notes; to repeal subdivisions (a) and (b) of
section 4545 of the civil practice law and rules relating to the
admissibility of collateral source of payment; and to repeal subdivi-
sions (d) and (e) of rule 4111 of the civil practice law and rules
relating to itemized verdicts in certain actions against a public
employer for personal injury and wrongful death; and providing for the
repeal of certain provisions of this act upon expiration thereof (Part
HH); to amend chapter 540 of the laws of 1992 amending the real prop-
erty tax law relating to oil and gas charges, in relation to the
effective date of such chapter (Part II); to amend the real property
law and the state finance law, in relation to when conveyances of real
property are not to be recorded and the fees associated with such
conveyances and where such fees shall be deposited (Part JJ); to amend
the state finance law, in relation to state assistance to cities and
municipalities where a video lottery gaming facility is located (Part
KK); to amend the vehicle and traffic law and the administrative code
of the city of New York, in relation to a program imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
to comply with traffic control indications in certain counties and
cities; to amend chapter 746 of the laws of 1988 amending the vehicle
and traffic law, the general municipal law and the public officers law
relating to the civil liability of vehicle owners for traffic control
signal violations, in relation to the effectiveness of such chapter;
to amend local law number 46 of the city of New York for the year 1989
amending the administrative code of the city of New York, relating to
civil liability of vehicle owners for traffic control signal
S. 56--A 6 A. 156--A
violations, in relation to the effectiveness thereof; and to repeal
certain provisions of the vehicle and traffic law and the administra-
tive code of the city of New York relating to an owner liability
demonstration program (Part LL); to amend the general city law and the
village law, in relation to authorizing the imposition of locally
administered utility taxes on mobile telecommunications service (Part
MM); to amend the insurance law, in relation to municipal cooperative
health benefit plans, a study of community rating and the provision of
claims experience to a municipality; to amend the agriculture and
markets law and the county law, in relation to the sharing of the
duties of weights and measures between municipalities; to amend the
general municipal law and the highway law, in relation to mutual aid;
to amend the public health law, in relation to the composition of
county and part-county boards of health; to amend the town law, in
relation to eliminating compensation for town special district commis-
sioners; to amend the town law, in relation to the provision of sani-
tary services in the areas of towns outside of villages; to amend the
general municipal law, in relation to processes for municipal consol-
idation or dissolution; to amend the village law, in relation to
submissions for a proposition of the dissolution or consolidation of a
village; to amend the town law, in relation to consolidation of fire
districts proposed to be included within a consolidated district; to
amend the town law, in relation to the elective offices of town clerk,
superintendent of highways and office of receiver of taxes, in
relation to the collection of taxes by the town clerk and in relation
to the office of the town superintendent of highways; and to repeal
certain provisions of the village law and the town law relating there-
to (Part NN); to amend the domestic relations law, the executive law
and the public health law, in relation to authorizing the city clerk
of New York city to collect various fees for performing marriage cere-
monies, for issuing marriage certificates and certified copies of such
certificates, for performing searches of public records and from
persons appointed as commissioners of deeds (Part OO); to provide for
the administration of certain funds and accounts related to the 2009-
2010 budget; to authorize certain payments and transfers; to amend the
state finance law, in relation to the school tax relief fund; to amend
chapter 57 of the laws of 2008 providing for the administration of
certain funds and accounts related to the 2008-2009 budget, in
relation to the effectiveness of certain provisions thereof; to amend
chapter 60 of the laws of 1993, amending the public authorities law
and other laws relating to the bonding authority of the environmental
facilities corporation, and the state finance law, in relation to the
rainy day reserve fund; to amend the state finance law, in relation to
temporary loans of money or other financial resources to the general
fund; to direct the comptroller to transfer and deposit certain
moneys; to amend the state finance law, in relation to variable rate
bonds; to amend the public authorities law, in relation to the issu-
ance of bonds by the dormitory authority and the New York state envi-
ronmental facilities corporation; to amend chapter 61 of the laws of
2005, providing for the administration of certain funds and accounts
related to the 2005-2006 budget, in relation to issuance of bonds by
the urban development corporation; to amend chapter 81 of the laws of
2002, providing for the administration of certain funds and accounts
related to the 2002-2003 budget, in relation to the issuance of bonds
by the urban development corporation; to amend the state finance law,
in relation to issuance of certificates of participation; to amend
S. 56--A 7 A. 156--A
chapter 389 of the laws of 1997, providing for the financing of the
correctional facilities improvement fund and the youth improvement
fund, in relation to issuance of debt by the urban development corpo-
ration; to amend the private housing finance law, in relation to hous-
ing program bonds and notes; to amend the New York state urban devel-
opment corporation act, in relation to economic development
initiatives and the state's right to require redemption of bonds; to
amend chapter 329 of the laws of 1991, amending the state finance law
and other laws relating to the establishment of the dedicated highway
and bridge trust fund, in relation to reducing funding therefor; to
amend the state finance law, in relation to the issuance of revenue
bonds; to amend the private housing finance law and the public author-
ities law, in relation to the state's right to require redemption or
bonds; to amend the state finance law, in relation to state-supported
debt; to repeal certain provisions of chapter 59 of the laws of 2008,
amending chapter 57 of the laws of 2007, providing funding for certain
community projects, relating to increasing such funding, relating to
transfers of moneys for such projects; to repeal subdivision (b) of
section 1 of part P of chapter 57 of the laws of 2007 providing fund-
ing for certain community projects, relating thereto; and providing
for the repeal of certain provisions upon the expiration thereof (Part
PP); and to amend the workers' compensation law, in relation to disa-
bility payments (Part QQ)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2009-2010
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through QQ. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. Subdivision 3 of section 97-bb of the state finance law, as
added by chapter 309 of the laws of 1996, is amended to read as follows:
3. Monies of the criminal justice improvement account, following
appropriation by the legislature and allocation by the director of the
budget shall be made available for local assistance [services] PROGRAMS
TO SUPPORT LAW ENFORCEMENT EFFORTS TO PROSECUTE, CONTROL AND REDUCE
CRIME and expenses of programs to provide services to crime victims and
witnesses, INCLUDING OPERATIONS OF THE CRIME VICTIMS BOARD, and for
payments to victims in accordance with the federal crime control act of
1984, as administered pursuant to article twenty-two of the executive
law.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2009.
S. 56--A 8 A. 156--A
PART B
Section 1. Section 309 of the county law is REPEALED.
S 2. Subdivision 8 of section 186-e of the tax law, as added by chap-
ter 2 of the laws of 1995, is amended to read as follows:
8. Enhanced emergency telephone system surcharge fee AND PUBLIC SAFETY
COMMUNICATIONS SURCHARGE. Notwithstanding any other provision contained
in this chapter or any other law, any surcharge collected or any admin-
istrative fee retained by any provider of telecommunication services
acting as collection agent for a municipality pursuant to the provisions
of article six of the county law [shall] OR ACTING AS A COLLECTION AGENT
FOR THE STATE PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED EIGHTY-
SIX-F OF THIS ARTICLE WILL not be considered as, nor included in the
determination of gross receipts of the provider.
S 3. The tax law is amended by adding a new section 186-f to read as
follows:
S 186-F. PUBLIC SAFETY COMMUNICATIONS SURCHARGE. 1. DEFINITIONS. AS
USED IN THIS SECTION, WHERE NOT OTHERWISE SPECIFICALLY DEFINED AND
UNLESS A DIFFERENT MEANING IS CLEARLY REQUIRED:
(A) "PLACE OF PRIMARY USE" HAS THE SAME MEANING AS THAT TERM IS
DEFINED IN PARAGRAPH TWENTY-SIX OF SUBDIVISION (B) OF SECTION ELEVEN
HUNDRED ONE OF THIS CHAPTER.
(B) "WIRELESS COMMUNICATIONS CUSTOMER" MEANS MOBILE TELECOMMUNICATIONS
CUSTOMER AS DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH TWENTY-SEVEN OF
SUBDIVISION (B) OF SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER, WHO
CONTRACTS FOR OR IS THE END USER OF WIRELESS COMMUNICATIONS SERVICE.
(C) "WIRELESS COMMUNICATIONS DEVICE" MEANS ANY EQUIPMENT USED TO
ACCESS A WIRELESS COMMUNICATIONS SERVICE.
(D) "WIRELESS COMMUNICATIONS SERVICE" MEANS ALL COMMERCIAL MOBILE
SERVICES, AS THAT TERM IS DEFINED IN SECTION 332(D) OF TITLE 47 OF THE
UNITED STATES CODE, AS AMENDED FROM TIME TO TIME, INCLUDING, BUT NOT
LIMITED TO, ALL BROADBAND PERSONAL COMMUNICATIONS SERVICES, WIRELESS
RADIO TELEPHONE SERVICES, GEOGRAPHIC AREA SPECIALIZED AND ENHANCED
SPECIALIZED MOBILE RADIO SERVICES, AND INCUMBENT-WIDE AREA SPECIALIZED
MOBILE RADIO LICENSEES, WHICH OFFER REAL TIME, TWO-WAY VOICE OR DATA
SERVICE THAT IS INTERCONNECTED WITH THE PUBLIC SWITCHED TELEPHONE
NETWORK OR OTHERWISE PROVIDES ACCESS TO EMERGENCY COMMUNICATIONS
SERVICES.
(E) "WIRELESS COMMUNICATIONS SERVICE SUPPLIER" MEANS A HOME SERVICE
PROVIDER AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH TWENTY-SEVEN OF
SUBDIVISION (B) OF SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER, PROVIDED
THAT THE HOME SERVICE PROVIDER PROVIDES WIRELESS COMMUNICATIONS SERVICE
AND HAS ONE OR MORE WIRELESS COMMUNICATIONS CUSTOMERS IN NEW YORK STATE.
2. PUBLIC SAFETY COMMUNICATIONS SURCHARGE. (A) A SURCHARGE ON WIRELESS
COMMUNICATIONS SERVICE PROVIDED TO A WIRELESS COMMUNICATIONS CUSTOMER
WITH A PLACE OF PRIMARY USE IN THIS STATE IS IMPOSED AT THE RATE OF ONE
DOLLAR AND TWENTY CENTS PER MONTH ON EACH WIRELESS COMMUNICATIONS DEVICE
IN SERVICE DURING ANY PART OF EACH MONTH. THE SURCHARGE MUST BE
REFLECTED AND MADE PAYABLE ON BILLS RENDERED TO THE WIRELESS COMMUNI-
CATIONS CUSTOMER FOR WIRELESS COMMUNICATION SERVICE.
(B) EACH WIRELESS COMMUNICATIONS SERVICE SUPPLIER PROVIDING WIRELESS
COMMUNICATIONS SERVICE IN NEW YORK STATE MUST ACT AS A COLLECTION AGENT
FOR THE STATE FOR THE COLLECTION OF THE SURCHARGE. THE WIRELESS COMMUNI-
CATIONS SERVICE SUPPLIER HAS NO LEGAL OBLIGATION TO ENFORCE THE
COLLECTION OF THE SURCHARGE FROM ITS CUSTOMERS. HOWEVER, EACH WIRELESS
COMMUNICATIONS SERVICE SUPPLIER MUST COLLECT AND RETAIN THE NAME AND
S. 56--A 9 A. 156--A
ADDRESS OF ANY WIRELESS COMMUNICATIONS CUSTOMER WITH A PLACE OF PRIMARY
USE IN THIS STATE THAT REFUSES OR FAILS TO PAY THE SURCHARGE, AS WELL AS
THE CUMULATIVE AMOUNT OF THE SURCHARGE REMAINING UNPAID, AND MUST
PROVIDE THIS INFORMATION TO THE COMMISSIONER AT THE TIME AND ACCORDING
TO THE PROCEDURES THE COMMISSIONER MAY PROVIDE. THE SURCHARGE MUST BE
REPORTED AND PAID TO THE COMMISSIONER ON A QUARTERLY BASIS ON OR BEFORE
THE FIFTEENTH DAY OF THE MONTH FOLLOWING EACH QUARTERLY PERIOD ENDING ON
THE LAST DAY OF FEBRUARY, MAY, AUGUST AND NOVEMBER, RESPECTIVELY. THE
PAYMENTS MUST BE ACCOMPANIED BY A RETURN IN THE FORM AND CONTAINING THE
INFORMATION THE COMMISSIONER MAY PRESCRIBE.
(C) THE SURCHARGE MUST BE ADDED AS A SEPARATE LINE ITEM TO BILLS
FURNISHED BY A WIRELESS COMMUNICATIONS SERVICE SUPPLIER TO ITS CUSTOM-
ERS, AND MUST BE IDENTIFIED AS THE "PUBLIC SAFETY COMMUNICATIONS
SURCHARGE". EACH WIRELESS COMMUNICATIONS CUSTOMER WHO IS SUBJECT TO THE
PROVISIONS OF THIS SECTION REMAINS LIABLE TO THE STATE FOR THE SURCHARGE
DUE UNDER THIS SECTION UNTIL IT HAS BEEN PAID TO THE STATE, EXCEPT THAT
PAYMENT TO A WIRELESS COMMUNICATIONS SERVICE SUPPLIER IS SUFFICIENT TO
RELIEVE THE CUSTOMER FROM FURTHER LIABILITY FOR THE SURCHARGE.
(D) EACH WIRELESS COMMUNICATIONS SERVICE SUPPLIER IS ENTITLED TO
RETAIN, AS AN ADMINISTRATIVE FEE, AN AMOUNT EQUAL TO TWO PERCENT OF
FIFTY-EIGHT AND THREE-TENTHS PERCENT OF THE TOTAL COLLECTIONS OF THE
SURCHARGE IMPOSED BY THIS SECTION, PROVIDED THAT THE SUPPLIER FILES ANY
REQUIRED RETURN AND REMITS THE SURCHARGE DUE TO THE COMMISSIONER ON OR
BEFORE ITS DUE DATE.
3. APPLICABILITY OF ARTICLE TWENTY-SEVEN. FOR PURPOSES OF ARTICLE
TWENTY-SEVEN OF THIS CHAPTER AS APPLIED TO THIS SECTION BY SECTION TWO
HUNDRED SEVEN-B OF THIS ARTICLE, THE TERM "TAXPAYER" IN ARTICLE TWENTY-
SEVEN REFERS TO A WIRELESS COMMUNICATIONS SERVICE SUPPLIER SUBJECT TO
THIS SECTION OR A WIRELESS COMMUNICATIONS CUSTOMER SUBJECT TO THIS
SECTION, AS THE CASE MAY BE, AND THE TERM "TAX" IN ARTICLE TWENTY-SEVEN
REFERS TO THE SURCHARGE IMPOSED BY THIS SECTION.
4. EXEMPTIONS. THE STATE OF NEW YORK AND ANY OF ITS AGENCIES, INSTRU-
MENTALITIES AND POLITICAL SUBDIVISIONS ARE EXEMPT FROM THE SURCHARGE
IMPOSED BY THIS SECTION.
5. DEPOSITS OF SURCHARGE MONIES COLLECTED AND RECEIVED. NOTWITHSTAND-
ING ANY PROVISION OF LAW TO THE CONTRARY, ALL SURCHARGE MONIES COLLECTED
AND RECEIVED BY THE COMMISSIONER UNDER THIS SECTION MUST BE DEPOSITED
DAILY TO THE CREDIT OF THE COMPTROLLER WITH THOSE RESPONSIBLE BANKS,
BANKING HOUSES OR TRUST COMPANIES THE COMPTROLLER MAY DESIGNATE. THOSE
DEPOSITS MUST BE KEPT SEPARATE AND APART FROM ALL OTHER MONIES IN THE
POSSESSION OF THE COMPTROLLER. THE COMPTROLLER MUST REQUIRE ADEQUATE
SECURITY FROM ALL SUCH DEPOSITORIES. OF THE TOTAL REVENUE COLLECTED OR
RECEIVED UNDER THIS SECTION, THE COMPTROLLER MUST RETAIN IN THE COMP-
TROLLER'S HANDS AN AMOUNT DETERMINED BY THE COMMISSIONER TO BE NECESSARY
FOR REFUNDS UNDER THIS SECTION, OUT OF WHICH THE COMPTROLLER WILL PAY
ANY REFUNDS TO WHICH TAXPAYERS ARE ENTITLED UNDER THE PROVISIONS OF THIS
SECTION. THE COMPTROLLER, AFTER RESERVING THE AMOUNT TO PAY REFUNDS,
MUST, ON OR BEFORE THE TENTH DAY OF EACH MONTH, PAY ALL SURCHARGE MONIES
COLLECTED AND RECEIVED UNDER THIS SECTION AND REMAINING TO THE COMP-
TROLLER'S CREDIT AS FOLLOWS:
(A) FORTY-ONE AND SEVEN-TENTHS OF THE REVENUES COLLECTED AND RECEIVED
UNDER THIS SECTION INTO THE STATE GENERAL FUND; AND
(B) AFTER DEDUCTING THE AMOUNT PAID UNDER PARAGRAPH (A) OF THIS SUBDI-
VISION AND THE AMOUNT RETAINED BY WIRELESS COMMUNICATIONS SUPPLIERS
PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF THIS SECTION, THE
BALANCE OF THE REVENUES COLLECTED UNDER THIS SECTION INTO THE NEW YORK
S. 56--A 10 A. 156--A
STATE WIRELESS TELEPHONE EMERGENCY SERVICE ACCOUNT OF THE MISCELLANEOUS
SPECIAL REVENUE FUND, CREATED PURSUANT TO SECTION NINETY-SEVEN-QQ OF THE
STATE FINANCE LAW.
6. DISTRIBUTION. THE MONIES COLLECTED FROM THE SURCHARGE IMPOSED BY
THIS SECTION MUST BE DISTRIBUTED TO INCLUDE THE FOLLOWING:
(A) THE SUM OF TWENTY-FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS MUST
BE ALLOCATED TO THE STATE POLICE PURSUANT TO APPROPRIATION BY THE LEGIS-
LATURE ANNUALLY;
(B) THE SUM OF ONE MILLION FIVE HUNDRED THOUSAND DOLLARS MUST BE
DEPOSITED INTO THE NEW YORK STATE EMERGENCY SERVICES REVOLVING LOAN FUND
ANNUALLY;
(C) TO FUND COSTS ASSOCIATED WITH THE DESIGN, CONSTRUCTION, AND OPERA-
TION OF THE STATEWIDE WIRELESS NETWORK ANNUALLY PURSUANT TO APPROPRI-
ATION BY THE LEGISLATURE;
(D) NOT LESS THAN THE SUM OF TEN MILLION DOLLARS ANNUALLY MUST BE
DISBURSED PURSUANT TO ARTICLE SIX-A OF THE COUNTY LAW AND APPROPRIATED
BY THE LEGISLATURE; AND
(E) TO PROVIDE THE COSTS OF DEBT SERVICE FOR BONDS AND NOTES ISSUED TO
FINANCE EXPEDITED DEPLOYMENT FUNDING PURSUANT TO THE PROVISIONS OF
SECTION THREE HUNDRED THIRTY-THREE OF THE COUNTY LAW AND SECTION SIXTEEN
HUNDRED EIGHTY-NINE-H OF THE PUBLIC AUTHORITIES LAW.
S 4. This act shall take effect on the first day of the quarterly
period, as described in paragraph (b) of subdivision 2 of section 186-f
of the tax law, as added by section three of this act, next commencing
at least 120 days after this act becomes a law.
PART C
Section 1. Section 211 of the retirement and social security law is
amended by adding a new subdivision 9 to read as follows:
9. THE STATE CIVIL SERVICE COMMISSION SHALL CHARGE A TWO HUNDRED
DOLLAR PROCESSING FEE FOR ADMINISTRATIVE COSTS PURSUANT TO THIS SECTION.
THIS FEE SHALL BE CHARGED TO ANY COUNTY, TOWN, VILLAGE, SCHOOL DISTRICT,
SPECIAL DISTRICT OR ANY OTHER LOCAL GOVERNMENT EMPLOYER REQUESTING A
WAIVER FROM THE STATE CIVIL SERVICE COMMISSION TO EMPLOY A RETIREE UNDER
THE PROVISIONS OF THIS SECTION. ALL FEES COLLECTED PURSUANT TO THIS
SUBDIVISION SHALL BE DEPOSITED INTO THE EXAMINATION AND MISCELLANEOUS
REVENUE ACCOUNT.
S 2. This act shall take effect immediately.
PART D
Section 1. The not-for-profit corporation law is amended by adding a
new article 16 to read as follows:
ARTICLE 16
CYBER SECURITY OPERATIONS AND
INTEGRATION SERVICES
SECTION 1601. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSES.
1602. CYBER SECURITY OPERATIONS AND INTEGRATION SERVICES.
1603. TRANSFER OF FUNCTIONS, POWERS, AND ASSETS.
1604. AGREEMENTS OR CONTRACTS.
1605. BACKGROUND INVESTIGATIONS.
1606. CONFIDENTIALITY.
S 1601. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSES.
IT IS HEREBY FOUND AND DECLARED THAT, IN ORDER TO MORE EFFECTIVELY AND
EFFICIENTLY PROVIDE THE CYBER SECURITY AND GEOGRAPHIC INFORMATION
S. 56--A 11 A. 156--A
SYSTEMS SERVICES REQUIRED TO PROTECT THE STATE'S CRITICAL INFRASTRUC-
TURES, IT IS NECESSARY TO PROMOTE INNOVATIVE AND IMPROVED APPROACHES
THAT WILL ENHANCE THE STATE'S CAPACITY TO PREPARE FOR AND RESPOND TO
RAPIDLY EVOLVING CYBER SECURITY THREATS AND TO COORDINATE CRITICAL
INFRASTRUCTURE INFORMATION. IN ORDER TO ACHIEVE LONG-TERM IMPROVEMENT IN
THE STATE'S CYBER SECURITY POSTURE, SUCH APPROACHES MUST INCLUDE A FUNC-
TIONAL AND SUSTAINABLE PUBLIC-PRIVATE PARTNERSHIP THAT ENABLES OPERA-
TIONAL COLLABORATION AND COOPERATION IN A TRUSTED ENVIRONMENT. THE
CREATION OF A NOT-FOR-PROFIT CORPORATION WILL FACILITATE THE DEVELOPMENT
OF CRITICAL AND STRATEGIC PARTNERSHIPS WITH, BETWEEN, AND AMONG THE
FEDERAL, STATE, AND LOCAL GOVERNMENTS AND PRIVATE INDUSTRY. GIVEN THAT
THE MAJORITY OF CRITICAL INFRASTRUCTURE IS OWNED OR OPERATED BY THE
PRIVATE SECTOR, THE ESTABLISHMENT OF STRONG PUBLIC-PRIVATE PARTNERSHIPS
WILL ENHANCE THE STATE'S ABILITY TO PROTECT THAT CRITICAL INFRASTRUC-
TURE. SUCH A JOINT VENTURE BETWEEN NEW YORK STATE AND THE NOT-FOR-PROFIT
CORPORATION WILL SIGNIFICANTLY IMPROVE THE CYBER SECURITY POSTURE OF THE
STATE AS WELL AS BOOST THE NEW YORK ECONOMY. IT IS WELL DOCUMENTED THAT
THE DYNAMIC NATURE OF CYBER SECURITY THREATS AND ATTACKS NECESSITATES A
PROACTIVE STRATEGY THAT INCLUDES FLEXIBLE AND RAPID RESPONSE CAPABILI-
TIES. CONSEQUENTLY, THE LEGISLATURE CONCLUDES THAT THE INTEREST OF THE
STATE OF NEW YORK IN PROVIDING THE MOST EFFECTIVE CYBER SECURITY DEFENSE
POSSIBLE IS BEST SERVED BY THE ESTABLISHMENT OF A NOT-FOR-PROFIT CORPO-
RATION THAT WILL PROVIDE THE LEGAL, FINANCIAL, MARKET, AND MANAGERIAL
FLEXIBILITY NECESSARY TO MEET THE NEEDS AND CHALLENGES NOW PRESENT IN
CYBERSPACE. THE NOT-FOR-PROFIT CORPORATION WOULD BE UNIQUE AND BRING
TREMENDOUS NATIONAL AND INTERNATIONAL RECOGNITION FOR NEW YORK STATE.
S 1602. CYBER SECURITY OPERATIONS AND INTEGRATION SERVICES.
THERE IS HEREBY CREATED A NOT-FOR-PROFIT CORPORATION, HEREINAFTER
REFERRED TO AS THE "CORPORATION", TO PROVIDE CYBER SECURITY OPERATIONS,
INTEGRATION, AND GEOGRAPHIC INFORMATION SYSTEMS SERVICES. TO THE EXTENT
THAT THE PROVISIONS OF THIS CHAPTER DO NOT CONFLICT WITH THE PROVISIONS
OF THIS ARTICLE, THIS CHAPTER SHALL APPLY TO THE CORPORATION, WHICH
SHALL BE A TYPE C CORPORATION PURSUANT TO THIS CHAPTER. IF AN APPLICABLE
PROVISION OF THIS ARTICLE RELATES TO A MATTER EMBRACED IN A PROVISION OF
THIS CHAPTER BUT IS NOT IN CONFLICT THEREWITH, BOTH PROVISIONS SHALL
APPLY.
S 1603. TRANSFER OF FUNCTIONS, POWERS, AND ASSETS.
(A) THE FUNCTIONS, POWERS, AND ASSETS POSSESSED BY AND ALL OF THE
OBLIGATIONS AND DUTIES OF THE NEW YORK STATE OFFICE OF CYBER SECURITY
AND CRITICAL INFRASTRUCTURE COORDINATION AS ESTABLISHED PURSUANT TO THE
EXECUTIVE LAW SHALL BE TRANSFERRED, ASSIGNED TO, ASSUMED BY, AND
DEVOLVED UPON THE CORPORATION. THE CORPORATION SHALL HAVE THE AUTHORITY
TO PERFORM ALL FUNCTIONS AND ACTIVITIES NECESSARY AND CONVENIENT TO
CARRY OUT ITS MISSION, INCLUDING THE AUTHORITY TO ENTER INTO CONTRACTS
AND AGREEMENTS WITH ANY PUBLIC OR PRIVATE ENTITY OR INDIVIDUAL.
(B) EMPLOYEES OF THE OFFICE OF CYBER SECURITY AND CRITICAL INFRASTRUC-
TURE COORDINATION SHALL BE TRANSFERRED TO THE CORPORATION ON THE EFFEC-
TIVE DATE OF THIS ARTICLE. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, ALL RIGHTS AND BENEFITS, INCLUDING TERMS AND CONDITIONS OF
EMPLOYMENT AND PROTECTION UNDER THE CIVIL SERVICE LAW SHALL APPLY TO
EMPLOYEES TRANSFERRED TO THE CORPORATION, AND TO ANY PERSON HIRED BY THE
CORPORATION WHO HAS BEEN EMPLOYED BY THE STATE OF NEW YORK FOR AT LEAST
ONE YEAR PRIOR TO EMPLOYMENT BY THE CORPORATION. SUCH EMPLOYEES SHALL BE
CONSIDERED FOR ALL PURPOSES OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW
TO BE PUBLIC EMPLOYEES IN THE CIVIL SERVICE OF THE STATE AND SHALL
S. 56--A 12 A. 156--A
REMAIN IN THE COLLECTIVE BARGAINING UNIT TO WHICH THEY WERE ASSIGNED
BEFORE BECOMING AN EMPLOYEE OF THE CORPORATION.
S 1604. AGREEMENTS OR CONTRACTS.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ANY OFFICER, BODY,
OR AGENCY OF THE STATE AND ANY PUBLIC CORPORATION SHALL BE AUTHORIZED TO
ENTER INDIVIDUALLY OR COLLECTIVELY INTO AGREEMENTS OR CONTRACTS WITH THE
CORPORATION FOR THE PROVISION OF GOODS AND SERVICES RELATED TO CYBER
SECURITY AND CRITICAL INFRASTRUCTURE COORDINATION INCLUDING, BUT NOT
LIMITED TO, MONITORING, DETECTING, AND RESPONDING TO CYBER INCIDENTS AND
THE PROVISION OF ADVANCED GEOGRAPHIC INFORMATION SYSTEMS AND RELATED
ANALYTICAL TOOLS, OR FOR OTHER PURPOSES IN SUPPORT OF THE OPERATIONS OF
THE CORPORATION. SUCH OFFICERS, BODIES, OR AGENCIES OF THE STATE AND
SUCH PUBLIC CORPORATIONS SHALL PAY SUCH FEES OR OTHER AMOUNTS IN CONSID-
ERATION OF THE SERVICES RENDERED PURSUANT TO SUCH AGREEMENTS OR
CONTRACTS.
S 1605. BACKGROUND INVESTIGATIONS.
THE CORPORATION IS HEREBY AUTHORIZED TO CONDUCT BACKGROUND INVESTI-
GATIONS ON ALL EMPLOYEES OF AND CONTRACTORS TO THE CORPORATION TO DETER-
MINE THEIR SUITABILITY FOR EMPLOYMENT. EVERY SUCH EMPLOYEE, AS A CONDI-
TION OF EMPLOYMENT, OR CONTRACTOR SHALL BE FINGERPRINTED AND COMPLETE A
BACKGROUND QUESTIONNAIRE. THE CORPORATION SHALL PROMPTLY TRANSMIT SUCH
FINGERPRINTS AND FEES TO THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR
ITS FULL SEARCH AND RETAIN PROCESSING. THE DIVISION OF CRIMINAL JUSTICE
SERVICES IS AUTHORIZED TO SUBMIT THE FINGERPRINTS AND THE APPROPRIATE
FEE TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL
HISTORY RECORD CHECK. THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE
FEDERAL BUREAU OF INVESTIGATION SHALL FORWARD SUCH CRIMINAL HISTORY
RECORD TO THE CORPORATION IN A TIMELY MANNER. SUCH BACKGROUND INVESTI-
GATIONS SHALL REMAIN CONFIDENTIAL AND SHALL BE CONDUCTED IN ACCORDANCE
WITH APPLICABLE RULES AND REGULATIONS PROMULGATED BY SUCH ENTITIES.
S 1606. CONFIDENTIALITY.
ANY TRADE SECRETS, CRITICAL INFRASTRUCTURE INFORMATION, INFORMATION
COMPILED FOR LAW ENFORCEMENT PURPOSES, INFORMATION THAT COULD JEOPARDIZE
THE CAPACITY TO GUARANTEE THE SECURITY OF INFORMATION TECHNOLOGY ASSETS,
OR OTHER PROPRIETARY DATA MAINTAINED BY OR SHARED WITH THE CORPORATION
SHALL BE DEEMED CONFIDENTIAL AND SHALL BE EXEMPT FROM DISCLOSURE.
S 2. Paragraph (e) of subdivision 2 of section 710 of the executive
law, as added by section 2 of part B of chapter 1 of the laws of 2004,
is amended to read as follows:
(e) establish offices, departments and bureaus and make changes there-
in as he or she may deem necessary to carry out the functions of the
office[. One of the divisions within the office shall be the office of
cyber security and critical infrastructure coordination which shall be
dedicated to the identification and mitigation of the state's cyber
security infrastructure vulnerabilities]; and
S 3. Section 715 of the executive law, as added by chapter 604 of the
laws of 2007, is REPEALED.
S 4. The executive law is amended by adding a new section 716 to read
as follows:
S 716. THE NEW YORK STATE OFFICE OF CYBER SECURITY AND CRITICAL
INFRASTRUCTURE COORDINATION. THE NEW YORK STATE OFFICE OF CYBER SECURITY
AND CRITICAL INFRASTRUCTURE COORDINATION, HEREINAFTER THE OFFICE, IS
RESPONSIBLE FOR STATEWIDE POLICIES, PROGRAMS, AND SERVICES RELATING TO
CYBER SECURITY AND THE COORDINATION OF CRITICAL INFRASTRUCTURE INFORMA-
TION. THE OFFICE SHALL CONTRACT WITH THE CORPORATION ESTABLISHED PURSU-
ANT TO SECTION SIXTEEN HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW
S. 56--A 13 A. 156--A
TO PERFORM ANY AND ALL OF ITS FUNCTIONS, POWERS, AND DUTIES. THE DIREC-
TOR OF THE OFFICE SHALL BE THE CHIEF CYBER SECURITY OFFICER OF NEW YORK
STATE AND SHALL ALSO BE THE HEAD OF THE CORPORATION. IN FURTHERANCE OF
THE PURPOSES OF THIS SECTION, THE DIRECTOR OF THE OFFICE MAY, ON BEHALF
OF THE OFFICE OR THE CORPORATION, REQUEST AND RECEIVE FROM ANY DEPART-
MENT, DIVISION, BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE
OR ANY POLITICAL SUBDIVISION THEREOF OR ANY PUBLIC AUTHORITY SUCH
ASSISTANCE, INFORMATION, AND DATA AS WILL ENABLE THE OFFICE AND THE
CORPORATION TO PROPERLY CARRY OUT THEIR FUNCTIONS, POWERS AND DUTIES.
S 5. This act shall take effect on the one hundred fiftieth day after
it shall have become a law.
PART E
Section 1. Subdivision 13 of section 631 of the executive law, as
added by chapter 264 of the laws of 2003, is amended to read as follows:
13. Notwithstanding any other provision of law, rule, or regulation to
the contrary, when any New York state accredited hospital, accredited
sexual assault examiner program, or licensed health care provider
furnishes services to any sexual assault survivor, including but not
limited to a health care forensic examination in accordance with the sex
offense evidence collection protocol and standards established by the
department of health, such hospital, sexual assault examiner program, or
licensed healthcare provider shall provide such services to the person
without charge and shall bill the board directly. The board, in consul-
tation with the department of health, shall define the specific services
to be covered by the sexual assault forensic exam reimbursement fee,
which must include at a minimum forensic examiner services, hospital or
healthcare facility services related to the exam, and related laboratory
tests and pharmaceuticals. Follow-up HIV post-exposure prophylaxis costs
shall continue to be reimbursed according to established board proce-
dure. The board, in consultation with the department of health, shall
also generate the necessary regulations and forms for the direct
reimbursement procedure. The rate for reimbursement shall be THE AMOUNT
OF ITEMIZED CHARGES NOT EXCEEDING eight hundred dollars, to be reviewed
and adjusted annually by the board in consultation with the department
of health. The hospital, sexual assault examiner program, or licensed
health care provider must accept this fee as payment in full for these
specified services. No additional billing of the survivor for said
services is permissible. A sexual assault survivor may voluntarily
assign any private insurance benefits to which she or he is entitled for
the healthcare forensic examination, in which case the hospital or
healthcare provider may not charge the board. A hospital, sexual assault
examiner program or licensed health care provider shall, at the time of
the initial visit, request assignment of any private health insurance
benefits to which the sexual assault survivor is entitled on a form
prescribed by the board; provided, however, such sexual assault survivor
shall be advised orally and in writing that he or she may decline to
provide such information regarding private health insurance benefits if
he or she believes that the provision of such information would substan-
tially interfere with his or her personal privacy or safety and in such
event, the sexual assault forensic exam fee shall be paid by the board.
Such sexual assault survivor shall also be advised that providing such
information may provide additional resources to pay for services to
other sexual assault victims. If he or she declines to provide such
health insurance information, he or she shall indicate such decision on
S. 56--A 14 A. 156--A
the form provided by the hospital, sexual assault examiner program or
licensed health care provider, which form shall be prescribed by the
board.
S 2. Section 626 of the executive law is amended by adding a new
subdivision 4 to read as follows:
4. OUT-OF-POCKET LOSSES RELATING TO MEDICAL CARE AND/OR COUNSELING AS
DEFINED IN SUBDIVISIONS ONE, TWO AND THREE OF THIS SECTION WHICH ARE
INCURRED AFTER A POSITIVE AWARD HAS BEEN DETERMINED BY THE BOARD, MAY BE
REIMBURSED BY THE BOARD ONLY WHEN SUCH LOSSES ARE SUBMITTED WITHIN ONE
YEAR OF THE DATE THEY ARE INCURRED.
S 3. Section 420.05 of the criminal procedure law, as amended by chap-
ter 457 of the laws of 2005, is amended to read as follows:
S 420.05 Payment of fines, RESTITUTION, mandatory surcharges and fees by
credit card.
When the court imposes a fine, RESTITUTION, mandatory surcharge or fee
upon an individual who stands convicted of any offense, such individual
may pay such fine, RESTITUTION, mandatory surcharge or fee by credit
card or similar device. In such event, notwithstanding any other
provision of law, he or she also may be required to pay a reasonable
administrative fee. The amount of such administrative fee and the time
and manner of its payment shall be in accordance with the system estab-
lished by the chief administrator of the courts pursuant to paragraph
(j) of subdivision two of section two hundred twelve of the judiciary
law.
S 4. Paragraph (j) of subdivision 2 of section 212 of the judiciary
law, as amended by chapter 457 of the laws of 2005, is amended to read
as follows:
(j) Notwithstanding any provision of law, rule or regulation to the
contrary, establish a system for the posting of bail and the payment of
fines, RESTITUTION, mandatory surcharges, court fees, and other monies
payable to a court, county clerk in his or her capacity as clerk of
court, or the office of court administration, or to a sheriff upon
enforcing a court order or delivering a court mandate pursuant to arti-
cle eighty of the civil practice law and rules, by means of a credit
card or similar device. Notwithstanding any provision of law to the
contrary, the chief administrator may require a party making a payment
in such manner also to pay a reasonable administrative fee. In estab-
lishing such system, the chief administrator shall seek the assistance
of the state comptroller who shall assist in developing such system so
as to ensure that such funds shall be returned to any jurisdiction
which, by law, may be entitled to them. The chief administrator shall
periodically accord the head of each police department or police force
and of any state department, agency, board, commission or public author-
ity having police officers who fix pre-arraignment bail pursuant to
section 150.30 of the criminal procedure law an opportunity to have the
system established pursuant to this paragraph apply to the posting of
pre-arraignment bail with police officers under his or her jurisdiction.
S 5. This act shall take effect immediately, and shall apply to all
exams conducted on and after such date; provided that section two of
this act shall take effect on the one hundred eightieth day after it
shall have become a law and shall apply to all losses incurred on or
after such effective date; sections three and four of this act shall
take effect on the first of November next succeeding the date on which
this act shall have become law; and the amendments to section 420.05 of
the criminal procedure law and paragraph (j) of subdivision 2 of section
212 of the judiciary law made by sections three and four of this act
S. 56--A 15 A. 156--A
shall not affect the expiration of such section and paragraph, respec-
tively, and shall be deemed to expire therewith.
PART F
Section 1. The insurance law is amended by adding a new section 2113
to read as follows:
S 2113. FINGERPRINT REQUIREMENT. THE SUPERINTENDENT SHALL REQUIRE AN
APPLICANT FOR A LICENSE TO ACT AS AN INSURANCE AGENT, BROKER, ADJUSTER,
CONSULTANT OR INTERMEDIARY, UNDER THIS ARTICLE, TO SUBMIT HIS OR HER
FINGERPRINTS IN A MANNER AND FORMAT AS PRESCRIBED BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES AT THE TIME OF APPLICATION. BEFORE APPROVING
AN APPLICATION, IT SHALL BE THE DUTY OF THE SUPERINTENDENT OR THE SUPER-
INTENDENT'S AUTHORIZED REPRESENTATIVE TO SUBMIT SUCH FINGERPRINTS TO THE
DIVISION OF CRIMINAL JUSTICE SERVICES FOR ITS FULL SEARCH AND RETAIN
PROCESSING. SUCH FINGERPRINTS ALSO MAY BE SUBMITTED TO THE FEDERAL
BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK.
THIS SECTION SHALL APPLY TO CURRENTLY UNLICENSED APPLICANTS AND ALSO TO
APPLICANTS FOR LICENSE RENEWAL WHOSE FINGERPRINTS HAVE NOT PREVIOUSLY
BEEN SUBMITTED UNDER THIS SECTION.
ANY COST ASSOCIATED WITH THE CAPTURE AND PROCESSING OF FINGERPRINTS
AND ANY CRIMINAL HISTORY RECORD CHECKS SHALL BE BORNE BY THE APPLICANT,
AND SHALL BE IN ADDITION TO ANY FEE IMPOSED IN RELATION TO THE PROCESS-
ING OF SUCH APPLICATION.
S 2. This act shall take effect immediately and shall apply to all
applications filed on or after such effective date.
PART G
Section 1. Subdivision 8-b of section 837 of the executive law, as
amended by chapter 309 of the laws of 1996, is amended to read as
follows:
8-b. Notwithstanding any other provision of law to the contrary,
charge a fee for the provision of agency materials and publications,
conferences, criminal history record reviews, legal services, the
provision of services to analyze or prepare data that is not prepared in
the ordinary course of business, the provision of information in a
computerized format, THE APPLICATION FOR APPROVAL AND RENEWAL OF SECURI-
TY GUARD TRAINING SCHOOLS AND THE CERTIFICATION AND RENEWAL CERTIF-
ICATION OF SECURITY GUARD INSTRUCTORS, the service and repair of munici-
pal law enforcement agency equipment and collect reimbursement and other
moneys. Such fees shall be reasonably related to the actual costs
incurred, including the costs of salaries, computer time, shipping and
handling, as appropriate. The comptroller is hereby authorized to
deposit such fees into the general fund effective August thirty-first,
nineteen hundred ninety-six.
S 2. This act shall take effect immediately.
PART H
Section 1. Section 79-a of the correction law, as amended by section 2
of part D of chapter 63 of the laws of 2005, is amended to read as
follows:
S 79-a. Closure of correctional facilities; notice. [Before] EXCEPT AS
PROVIDED IN SECTION SEVENTY-NINE-C OF THIS ARTICLE, BEFORE the closure
of any correctional facility, [which for purposes of this section shall
S. 56--A 16 A. 156--A
include a correctional facility annex, or any special housing unit
established to confine inmates in accordance with the provisions of
subdivision six of section one hundred thirty-seven of this chapter],
for reasons other than those set forth in paragraph (a) of subdivision
eight of section forty-five of this chapter, the commissioner shall take
the following actions:
1. confer with the department of civil service, the governor's office
of employee relations and any other appropriate state agencies to devel-
op strategies which attempt to minimize the impact of the closure on the
state work force;
2. consult with the department of economic development and any other
appropriate state agencies to develop strategies which attempt to mini-
mize the impact of such closures on the local and regional economies;
and
3. provide notice by certified mail to (i) all local governments of
any political subdivision in which the correctional facility is located,
(ii) all employee labor organizations operating within, or representing
employees of, the correctional facility, and (iii) managerial and confi-
dential employees employed within the correctional facility at least
twelve months prior to any such closure.
S 2. The correction law is amended by adding a new section 79-c to
read as follows:
S 79-C. ACCELERATED PROCEDURE FOR CLOSURE OF CORRECTIONAL FACILITIES.
1. NOTWITHSTANDING THE REQUIREMENTS OF SECTIONS SEVENTY-NINE-A AND
SEVENTY-NINE-B OF THIS ARTICLE, IN THE EVENT THAT AN ECONOMIC DOWNTURN
HAS OCCURRED, AS DEFINED BY TWO CONSECUTIVE QUARTERS OF DECLINE IN GROSS
DOMESTIC PRODUCT AS REPORTED BY THE BUREAU OF ECONOMIC ANALYSIS UNITED
STATES DEPARTMENT OF COMMERCE, THEN UPON NINETY DAYS NOTICE TO THE INDI-
VIDUALS AND ENTITIES DESCRIBED IN SECTION SEVENTY-NINE-A OF THIS ARTI-
CLE, THE COMMISSIONER MAY CONSIDER THE PROMPT CLOSURE OF ONE OR MORE
CORRECTIONAL FACILITIES, SUBJECT TO THE REQUIREMENTS THAT ARE SET FORTH
IN SUBDIVISIONS TWO, THREE AND FOUR OF THIS SECTION.
2. THE COMMISSIONER MAY INVOKE THE ACCELERATED CLOSURE PROCEDURE
AUTHORIZED BY THIS SECTION ONLY WHEN THE FOLLOWING TERMS AND CONDITIONS
ARE MET: (I) THERE IS WITHIN THE CORRECTIONAL SYSTEM AS A WHOLE MORE
THAN THREE HUNDRED VACANT GENERAL CONFINEMENT BEDS WITHIN EXISTING HOUS-
ING UNITS OR CELL BLOCKS THAT ARE OPERATIONAL; (II) THE DEPARTMENT IS IN
SUBSTANTIAL COMPLIANCE WITH ALL COURT ORDERS GOVERNING THE TIMELY
ACCEPTANCE OF STATE-READY INMATES PURSUANT TO SUBDIVISION ONE OF SECTION
430.20 OF THE CRIMINAL PROCEDURE LAW; (III) ONCE THE SELECTED FACILITY
OR FACILITIES ARE CLOSED, IT IS PROJECTED THAT THE DEPARTMENT WILL
CONTINUE TO HAVE AT LEAST THREE HUNDRED VACANT GENERAL CONFINEMENT BEDS
WITHIN EXISTING HOUSING UNITS OR CELL BLOCKS THAT ARE OPERATIONAL; AND
(IV) THE CLOSURE OF ANY CORRECTIONAL FACILITY WILL NOT REQUIRE THE
DEPARTMENT TO REQUEST AUTHORIZATION FROM THE STATE COMMISSION OF
CORRECTION FOR AN INCREASE IN THE NUMBER OF VARIANCE BEDS IT OPERATES.
3. IN DETERMINING WHICH CORRECTIONAL FACILITY OR FACILITIES SHOULD BE
CLOSED, THE COMMISSIONER SHALL TAKE INTO CONSIDERATION THE FOLLOWING
FACTORS, AND ANY OTHER FACTORS HE OR SHE DEEMS APPROPRIATE: (I) THE BED
NEEDS OF THE DEPARTMENT IN RELATION TO THE OVERALL DEMANDS FOR PRISON
CAPACITY; (II) THE SPECIFIC USE OF THE FACILITY IN RELATION TO THE
REQUIREMENTS OF SUBDIVISION TWO OF SECTION SEVENTY OF THIS ARTICLE;
(III) THE AGE AND CONDITION OF THE FACILITY INFRASTRUCTURE, INCLUDING
THE COSTS OF ANY NEEDED CAPITAL REPAIRS AND IMPROVEMENTS; AND (IV) THE
DEGREE TO WHICH AFFECTED FACILITY STAFF CAN BE OFFERED ALTERNATE POSI-
TIONS WITHIN THE DEPARTMENT.
S. 56--A 17 A. 156--A
4. THE AUTHORIZATION GRANTED UNDER THIS SECTION SHALL REMAIN IN EFFECT
UNTIL THE CLOSE OF THE THIRD FISCAL YEAR IMMEDIATELY FOLLOWING THE
FISCAL YEAR IN WHICH THE ECONOMIC DOWNTURN OCCURRED.
S 3. Paragraph (a) of subdivision 3 of section 70 of the correction
law, as amended by section 2 of part D of chapter 63 of the laws of
2005, is amended to read as follows:
(a) The commissioner may continue to maintain, as a correctional
facility, any institution operated by the department prior to May
eighth, nineteen hundred seventy, and may add to or close any such
place, and may establish and maintain new correctional facilities, in
accordance with the needs of the department and provided expenditures
for such purposes are within amounts made available therefor by appro-
priation; provided, however, that before the closure of any correctional
facility, [correctional facility annex, or any special housing unit
established to confine inmates in accordance with the provisions of
subdivision six of section one hundred thirty-seven of this chapter,]
for reasons other than those set forth in paragraph (a) of subdivision
eight of section forty-five of this chapter, the provisions of section
seventy-nine-a OR SECTION SEVENTY-NINE-C of this article shall be
adhered to.
S 4. Paragraph (b) of subdivision 8 of section 45 of the correction
law, as amended by section 2 of part D of chapter 63 of the laws of
2005, is amended to read as follows:
(b) Before a correctional facility as defined in subdivision four of
section two of this chapter, [correctional facility annex, or any
special housing unit established to confine inmates in accordance with
the provisions of subdivision six of section one hundred thirty-seven of
this chapter,] may be closed for a reason other than those set forth in
paragraph (a) of this subdivision, the provisions of section seventy-
nine-a OR SEVENTY-NINE-C of this chapter shall be adhered to.
S 5. Section 91 of the correction law, as added by chapter 478 of the
laws of 1970, is amended to read as follows:
S 91. Agreements for custody of definite sentence inmates. 1. The
[state] commissioner [of correction] may enter into an agreement with
any county or with the city of New York to provide for custody by the
[state] department [of correction] of persons who receive definite
sentences of imprisonment with terms in excess of ninety days who other-
wise would serve such sentences in the jail, workhouse, penitentiary or
other local correctional institution maintained by such locality.
2. Any such agreement, except one that is made with the city of New
York, may be made with the sheriff, warden, superintendent, local
commissioner of correction or other person in charge of such county
institution and shall be subject to the approval of the chief executive
officer of the county. An agreement made with the city of New York may
be made with the commissioner of correction of that city and shall be
subject to the approval of the mayor.
3. An agreement made under this section shall [not] require the local-
ity to pay the cost of treatment, maintenance and custody furnished by
the [state] department [of correction], AND THE COSTS INCURRED UNDER
SUBDIVISION TWO OR THREE OF SECTION ONE HUNDRED TWENTY-FIVE OF THIS
CHAPTER RELATING TO THE PROVISION OF CLOTHING, MONEY AND TRANSPORTATION
UPON RELEASE OR DISCHARGE OF INMATES DELIVERED TO THE DEPARTMENT PURSU-
ANT TO THE AGREEMENT, and shall contain at least the following
provisions:
(a) A provision specifying the minimum length of the term of imprison-
ment of persons who may be received by the [state] department [of
S. 56--A 18 A. 156--A
correction] under the agreement, which may be any term in excess of
ninety days agreed to by the parties and which need not be the same in
each agreement;
(b) A provision that no charge will be made to the state or to the
[state] department [of correction] or to any of its institutions during
the pendency of such agreement for delivery of inmates to the [state]
department [of correction] by officers of the locality, and that the
provisions of section six hundred two of this chapter or of any similar
law shall not apply for delivery of inmates during such time;
(c) [A provision that no charge shall be made to or shall be payable
by the state during the pendency of such agreement for the expense of
maintaining parole violators pursuant to section two hundred sixteen of
this chapter, for the expense of maintaining coram nobis prisoners
pursuant to section six hundred one-b of this chapter, for the expense
of maintaining felony prisoners pursuant to section six hundred one-c of
this chapter, or for the expense of maintaining alternative local refor-
matory inmates pursuant to section eight hundred thirty-five in insti-
tutions maintained by the locality;
(d) A provision, approved by the state comptroller, for reimbursement
of the state department of correction by the locality for expenses
incurred under subdivision two or three of section one hundred twenty-
five of this chapter relating to clothing, money and transportation
furnished upon release or discharge of inmates delivered to the state
department of correction pursuant to the agreement;
(e)] Designation of the correctional facility or facilities to which
persons under sentences covered by the agreement are to be delivered;
[(f)] (D) Any other provision the [state] commissioner [of correction]
may deem necessary or appropriate; and
[(g)] (E) A provision giving either party the right to cancel the
agreement by giving the other party notice in writing, with cancellation
to become effective on such date as may be specified in such notice.
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER SHALL
BE AUTHORIZED TO GRANT, WITHHOLD, CAUSE TO BE FORFEITED, OR CANCEL TIME
ALLOWANCES AS PROVIDED IN AND IN COMPLIANCE WITH SECTION EIGHT HUNDRED
FOUR OF THIS CHAPTER.
5. A copy of such agreement shall be filed with the secretary of state
and with the clerk of each court having jurisdiction to impose sentences
covered by the agreement in the county or city to which it applies.
S 6. Section 92 of the correction law, as added by chapter 478 of the
laws of 1970, is amended to read as follows:
S 92. Effect of agreement for custody of definite sentence inmates.
1. After a copy of an agreement made under section ninety-one of this
article is filed with the secretary of state, all commitments under
sentences covered by the agreement by courts in the county or city to
which it applies shall be deemed to be to the custody of the [state]
department [of correction] and shall be so construed and interpreted
irrespective of the institution or agency to which the commitments are
made.
2. Any inmate who is serving a term of imprisonment covered by the
agreement imposed prior to the filing of such agreement, and any inmate
who is under consecutive definite sentences of imprisonment with an
aggregate term of the length covered by the agreement, irrespective of
whether one or more of such sentences was imposed prior to the filing of
the agreement, may be transferred to the care of the [state] department
[of correction] upon request of the head of the county or city institu-
tion and approval of the [state] commissioner [of correction].
S. 56--A 19 A. 156--A
3. Inmates who are deemed committed to the custody of the [state]
department [of correction] under subdivision one of this section, or who
may be transferred to the care of the [state] department [of correction]
under subdivision two of this section, shall be dealt with in all
respects in the same manner as inmates committed to the custody of the
[state] department [of correction].
4. In the event any such agreement is cancelled, inmates delivered to
the [state] department [of correction] prior to the date of cancellation
shall continue to serve their sentences in the custody of such depart-
ment and the provisions of such agreement shall continue to apply with
respect to such inmates. A copy of the notice of cancellation shall be
filed with the secretary of state and with the clerks of courts in the
manner provided in subdivision four of section ninety-one of this arti-
cle, and no inmates shall be delivered to the custody of the [state]
department [of correction] under such agreement after the date on which
such cancellation becomes effective.
S 7. Section 612 of the correction law is amended to read as follows:
S 612. United States prisoners. 1. A sheriff must receive into his OR
HER jail and keep a prisoner, committed to the same, by virtue of civil
process issued by a court of record, instituted under the authority of
the United States, until he OR SHE is discharged by the due course of
the laws of the United States, in the same manner as if he was committed
by virtue of a mandate in a civil action, issued from a court of the
state. A sheriff or jailer, to whose jail a civil prisoner is committed,
as prescribed herein, is answerable for his OR HER safe keeping in the
courts of the United States, according to the laws thereof.
2. THE COMMISSIONER MAY ENTER INTO AN AGREEMENT TO PROVIDE FOR CUSTODY
BY THE DEPARTMENT OF PERSONS WHO ARE BEING DETAINED BY VIRTUE OF AN
ORDER ISSUED BY A COURT OF THE UNITED STATES. AN AGREEMENT MADE UNDER
THIS SECTION SHALL REQUIRE THE UNITED STATES TO PAY THE COST OF TREAT-
MENT, MAINTENANCE AND CUSTODY FURNISHED BY THE DEPARTMENT.
S 8. This act shall take effect immediately.
PART I
Section 1. Subdivisions 29 and 30 of section 2 of the correction law
are REPEALED.
S 2. Paragraph (d) of subdivision 6 of section 137 of the correction
law, as added by chapter 1 of the laws of 2008, is amended to read as
follows:
(d) (i) Except as set forth in clause [(E)] (D) of subparagraph (ii)
of this paragraph, the department, in consultation with mental health
clinicians, shall divert or remove inmates with serious mental illness,
as defined in paragraph (e) of this subdivision, from segregated
confinement IN A LEVEL ONE OR LEVEL TWO FACILITY, where such confinement
could potentially be for a period in excess of thirty days, to a resi-
dential mental health treatment unit. Nothing in this paragraph shall
be deemed to prevent the disciplinary process from proceeding in accord-
ance with department rules and regulations for disciplinary hearings.
(ii) (A) Upon placement of an inmate into segregated confinement at a
level one or level two facility, a suicide prevention screening instru-
ment shall be administered by staff from the department or the office of
mental health who has been trained for that purpose. If such a screening
instrument reveals that the inmate is at risk of suicide, a mental
health clinician shall be consulted and appropriate safety precautions
shall be taken. Additionally, within one business day of the placement
S. 56--A 20 A. 156--A
of such an inmate into segregated confinement at a level one or level
two facility, the inmate shall be assessed by a mental health clinician.
(B) [Upon placement of an inmate into segregated confinement at a
level three or level four facility, a suicide prevention screening
instrument shall be administered by staff from the department or the
office of mental health who has been trained for that purpose. If such a
screening instrument reveals that the inmate is at risk of suicide, a
mental health clinician shall be consulted and appropriate safety
precautions shall be taken. All inmates placed in segregated confinement
at a level three or level four facility shall be assessed by a mental
health clinician, within fourteen days of such placement into segregated
confinement.
(C)] At the initial assessment, if the mental health clinician finds
that an inmate suffers from a serious mental illness, a recommendation
shall be made whether exceptional circumstances, as described in clause
[(E)] (D) of this subparagraph, exist. In a facility with a joint case
management committee, such recommendation shall be made by such commit-
tee. In a facility without a joint case management committee, the recom-
mendation shall be made jointly by a committee consisting of the facili-
ty's highest ranking mental health clinician, the deputy superintendent
for security, and the deputy superintendent for program services, or
their equivalents. Any such recommendation shall be reviewed by the
joint central office review committee. The administrative process
described in this clause shall be completed within fourteen days of the
initial assessment, and if the result of such process is that the inmate
should be removed from segregated confinement, such removal shall occur
as soon as practicable, but in no event more than seventy-two hours from
the completion of the administrative process.
[(D)] (C) If an inmate with a serious mental illness is not diverted
or removed to a residential mental health treatment unit PURSUANT TO
THIS SUBPARAGRAPH, such inmate shall be reassessed by a mental health
clinician within fourteen days of the initial assessment and at least
once every fourteen days thereafter. After each such additional assess-
ment, a recommendation as to whether such inmate should be removed from
segregated confinement shall be made and reviewed according to the proc-
ess set forth in clause [(C)] (B) of this subparagraph.
[(E)] (D) A recommendation or determination whether to remove an
inmate from segregated confinement PURSUANT TO THIS SUBPARAGRAPH shall
take into account the assessing mental health clinicians' opinions as to
the inmate's mental condition and treatment needs, and shall also take
into account any safety and security concerns that would be posed by the
inmate's removal, even if additional restrictions were placed on the
inmate's access to treatment, property, services or privileges in a
residential mental health treatment unit. A recommendation or determi-
nation shall direct the inmate's removal from segregated confinement AT
A LEVEL ONE OR LEVEL TWO FACILITY except in the following exceptional
circumstances: (1) when the reviewer finds that removal would pose a
substantial risk to the safety of the inmate or other persons, or a
substantial threat to the security of the facility, even if additional
restrictions were placed on the inmate's access to treatment, property,
services or privileges in a residential mental health treatment unit; or
(2) when the assessing mental health clinician determines that such
placement is in the inmate's best interests based on his or her mental
condition and that removing such inmate to a residential mental health
treatment unit would be detrimental to his or her mental condition. Any
determination not to remove an inmate with serious mental illness from
S. 56--A 21 A. 156--A
segregated confinement AT A LEVEL ONE OR LEVEL TWO FACILITY shall be
documented in writing and include the reasons for the determination.
(iii) Inmates with serious mental illness who are not diverted or
removed from segregated confinement AT A LEVEL ONE OR LEVEL TWO FACILITY
shall be offered a heightened level of care, involving a minimum of two
hours each day, five days a week, of out-of-cell therapeutic treatment
and programming. This heightened level of care shall not be offered only
in the following circumstances:
(A) The heightened level of care shall not apply when an inmate with
serious mental illness does not, in the reasonable judgment of a mental
health clinician, require the heightened level of care. Such determi-
nation shall be documented with a written statement of the basis of such
determination and shall be reviewed by the Central New York Psychiatric
Center clinical director or his or her designee. Such a determination is
subject to change should the inmate's clinical status change. Such
determination shall be reviewed and documented by a mental health clini-
cian every thirty days, and in consultation with the Central New York
Psychiatric Center clinical director or his or her designee not less
than every ninety days.
(B) The heightened level of care shall not apply in exceptional
circumstances when providing such care would create an unacceptable risk
to the safety and security of inmates or staff. Such determination shall
be documented by security personnel together with the basis of such
determination and shall be reviewed by the facility superintendent, in
consultation with a mental health clinician, not less than every seven
days for as long as the inmate remains in segregated confinement AT A
LEVEL ONE OR LEVEL TWO FACILITY. The facility shall attempt to resolve
such exceptional circumstances so that the heightened level of care may
be provided. If such exceptional circumstances remain unresolved for
thirty days, the matter shall be referred to the joint central office
review committee for review.
(iv) Inmates with serious mental illness who are not diverted or
removed from segregated confinement AT A LEVEL ONE OR LEVEL TWO FACILITY
shall not be placed on a restricted diet, unless there has been a writ-
ten determination that the restricted diet is necessary for reasons of
safety and security. If a restricted diet is imposed, it shall be limit-
ed to seven days, except in the exceptional circumstances where the
joint case management committee determines that limiting the restricted
diet to seven days would pose an unacceptable risk to the safety and
security of inmates or staff. In such case, the need for a restricted
diet shall be reassessed by the joint case management committee every
seven days.
(v) All inmates in segregated confinement in a level one or level two
facility who are not assessed with a serious mental illness at the
initial assessment shall be offered at least one interview with a mental
health clinician within fourteen days of their initial mental health
assessment, and additional interviews at least every thirty days there-
after, unless the mental health clinician at the most recent interview
recommends an earlier interview or assessment. [All inmates in segre-
gated confinement in a level three or level four facility who are not
assessed with a serious mental illness at the initial assessment shall
be offered at least one interview with a mental health clinician within
thirty days of their initial mental health assessment, and additional
interviews at least every ninety days thereafter, unless the mental
health clinician at the most recent interview recommends an earlier
interview or assessment.]
S. 56--A 22 A. 156--A
S 3. Subdivision 6 of section 401 of the correction law, as added by
chapter 1 of the laws of 2008, is amended to read as follows:
6. The department shall ensure that the curriculum for new correction
officers, and other new department staff who will regularly work in
programs providing mental health treatment for inmates, shall include at
least eight hours of training about the types and symptoms of mental
illnesses, the goals of mental health treatment, the prevention of
suicide and training in how to effectively and safely manage inmates
with mental illness. Such training may be provided by the office of
mental health or the New York state commission on quality of care and
advocacy for persons with disabilities. All department staff who are
transferring into a residential mental health treatment unit shall
[receive a minimum of eight additional hours of such training, and eight
hours of annual training as long as they work in such a unit] BE
PROVIDED WITH AN APPROPRIATE ORIENTATION PROGRAM. IN ADDITION, THE
DEPARTMENT SHALL ANNUALLY ARRANGE FOR TWO FOUR-HOUR TRAINING SESSIONS TO
BE CONDUCTED FOR ALL SUCH STAFF ASSIGNED TO A RESIDENTIAL MENTAL HEALTH
TREATMENT UNIT. DURING SUCH TRAINING SESSIONS, THE REGULAR OUT-OF-CELL
THERAPEUTIC PROGRAMMING AND TREATMENT TO BE AFFORDED TO THE INMATES IN
THE RESIDENTIAL MENTAL HEALTH TREATMENT UNIT MAY BE DECREASED OR
SUSPENDED. The department shall provide additional training on these
topics on an ongoing basis as it deems appropriate.
S 4. Subdivision (a) of section 8 of chapter 1 of the laws of 2008 is
amended to read as follows:
(a) sections one, two, three, four and five of this act and subdivi-
sions 2 and 3 of section 401-a of the correction law as added by section
six of this act shall take effect [two years after the date that the
commissioner of correctional services certifies to the legislative bill
drafting commission that the first residential mental health unit
constructed by the department of correctional services is completed and
ready to receive inmates, provided, however that such sections shall
take effect no later than July 1, 2011] JULY 1, 2014;
S 5. This act shall take effect immediately; provided, however, that
section one of this act shall take effect July 1, 2014; and provided,
further, that the amendments to sections 137 and 401 of the correction
law made by sections two and three of this act shall take effect on the
same date and in the same manner as sections 4 and 5 of chapter 1 of the
laws of 2008, as amended, take effect.
PART J
Section 1. The section heading and paragraph (a) of subdivision 1 of
section 259-r of the executive law, the section heading as added by
chapter 55 of the laws of 1992 and paragraph (a) of subdivision 1 as
amended by chapter 3 of the laws of 1995, are amended to read as
follows:
Release on medical parole FOR TERMINALLY ILL INMATES.
(a) The board shall have the power to release on medical parole any
inmate serving an indeterminate or determinate sentence of imprisonment
who, pursuant to subdivision two of this section, has been certified to
be suffering from a terminal condition, disease or syndrome and to be so
debilitated or incapacitated as to create a reasonable probability that
he or she is physically OR COGNITIVELY incapable of presenting any
danger to society, provided, however, that no inmate serving a sentence
imposed upon a conviction for MURDER IN THE FIRST DEGREE OR AN ATTEMPT
OR CONSPIRACY TO COMMIT MURDER IN THE FIRST DEGREE SHALL BE ELIGIBLE FOR
S. 56--A 23 A. 156--A
SUCH RELEASE, AND PROVIDED FURTHER THAT NO INMATE SERVING A SENTENCE
IMPOSED UPON A CONVICTION FOR any of the following offenses shall be
eligible for such release UNLESS IN THE CASE OF AN INDETERMINATE
SENTENCE HE OR SHE HAS SERVED AT LEAST ONE-HALF OF THE MINIMUM PERIOD OF
THE SENTENCE AND IN THE CASE OF A DETERMINATE SENTENCE HE OR SHE HAS
SERVED AT LEAST ONE-HALF OF HIS OR HER SENTENCE: [murder in the first
degree,] murder in the second degree, manslaughter in the first degree,
any offense defined in article one hundred thirty of the penal law or an
attempt to commit any of these offenses.
S 2. Paragraph (a) of subdivision 1 of section 259-r of the executive
law, as added by chapter 55 of the laws of 1992, is amended to read as
follows:
(a) The board shall have the power to release on medical parole any
inmate serving an indeterminate OR DETERMINATE sentence of imprisonment
who, pursuant to subdivision two of this section, has been certified to
be suffering from a terminal condition, disease or syndrome and to be so
debilitated or incapacitated as to create a reasonable probability that
he or she is physically OR COGNITIVELY incapable of presenting any
danger to society, provided, however, that no inmate serving a sentence
imposed upon a conviction for MURDER IN THE FIRST DEGREE OR AN ATTEMPT
OR CONSPIRACY TO COMMIT MURDER IN THE FIRST DEGREE SHALL BE ELIGIBLE FOR
SUCH RELEASE, AND PROVIDED FURTHER THAT NO INMATE SERVING A SENTENCE
IMPOSED UPON A CONVICTION FOR any of the following offenses shall be
eligible for such release UNLESS IN THE CASE OF AN INDETERMINATE
SENTENCE HE OR SHE HAS SERVED AT LEAST ONE-HALF OF THE MINIMUM PERIOD OF
THE SENTENCE AND IN THE CASE OF A DETERMINATE SENTENCE HE OR SHE HAS
SERVED AT LEAST ONE-HALF OF HIS OR HER SENTENCE: [murder in the first
degree,] murder in the second degree, manslaughter in the first degree,
any offense defined in article one hundred thirty of the penal law or an
attempt to commit any of these offenses.
S 3. Paragraph (b) of subdivision 1 of section 259-r of the executive
law, as added by chapter 55 of the laws of 1992, is amended to read as
follows:
(b) Such release shall be granted only after the board considers
whether, in light of the inmate's medical condition, there is a reason-
able probability that the inmate, if released, will live and remain at
liberty without violating the law, and that such release is not incom-
patible with the welfare of society and will not so deprecate the seri-
ousness of the crime as to undermine respect for the law, and shall be
subject to the limits and conditions specified in subdivision four of
this section. [Such] EXCEPT AS SET FORTH IN PARAGRAPH (A) OF THIS SUBDI-
VISION, SUCH release may be granted at any time during the term of an
inmate's sentence, notwithstanding any other provision of law.
S 4. Subdivision 2 of section 259-r of the executive law, as amended
by chapter 503 of the laws of 1994, is amended to read as follows:
2. (a) The commissioner of correctional services, on the commission-
er's own initiative or at the request of an inmate, OR AN INMATE'S
SPOUSE, RELATIVE OR ATTORNEY, may, in the exercise of the commissioner's
discretion, direct that AN INVESTIGATION BE UNDERTAKEN TO DETERMINE
WHETHER a diagnosis SHOULD be made of an inmate who appears to be
suffering from a terminal condition, disease or syndrome. Any such
medical diagnosis shall be made by a physician licensed to practice
medicine in this state pursuant to section sixty-five hundred twenty-
four of the education law. Such physician shall either be employed by
the department of correctional services, shall render professional
services at the request of the department of correctional services, or
S. 56--A 24 A. 156--A
shall be employed by a hospital or medical facility used by the depart-
ment of correctional services for the medical treatment of inmates. The
diagnosis shall be reported to the commissioner of correctional services
and shall include but shall not be limited to a description of the
terminal condition, disease or syndrome suffered by the inmate, a prog-
nosis concerning the likelihood that the inmate will not recover from
such terminal condition, disease or syndrome, a description of the
inmate's physical OR COGNITIVE incapacity which shall include a predic-
tion respecting the likely duration of the incapacity, and a statement
by the physician of whether the inmate is so debilitated or incapaci-
tated as to be severely restricted in his or her ability to self-ambu-
late [and to care for him or herself] OR TO PERFORM SIGNIFICANT NORMAL
ACTIVITIES OF DAILY LIVING. THIS REPORT ALSO SHALL INCLUDE A RECOMMENDA-
TION OF THE TYPE AND LEVEL OF SERVICES AND TREATMENT THE INMATE WOULD
REQUIRE IF GRANTED MEDICAL PAROLE AND A RECOMMENDATION FOR THE TYPES OF
SETTINGS IN WHICH THE SERVICES AND TREATMENT SHOULD BE GIVEN.
(b) The commissioner, or the commissioner's designee, shall review the
diagnosis and may certify that the inmate is suffering from such termi-
nal condition, disease or syndrome and that the inmate is so debilitated
or incapacitated as to create a reasonable probability that he or she is
physically OR COGNITIVELY incapable of presenting any danger to society.
If the commissioner does not so certify then the inmate shall not be
referred to the board of parole for consideration for release on medical
parole. If the commissioner does so certify, then the commissioner
shall, WITHIN SEVEN WORKING DAYS OF RECEIPT OF SUCH DIAGNOSIS, refer the
inmate to the board of parole for consideration for release on medical
parole. However, no such referral of an inmate to the board of parole
shall be made unless the inmate has been examined by a physician and
diagnosed as having a terminal condition, disease or syndrome as previ-
ously described herein at some time subsequent to such inmate's admis-
sion to a facility operated by the department of correctional services.
(c) When the commissioner refers an inmate to the board, the commis-
sioner shall provide an appropriate medical discharge plan JOINTLY
established by the department of correctional services AND THE DIVISION
OF PAROLE. THE DEPARTMENT OF CORRECTIONAL SERVICES AND THE DIVISION OF
PAROLE ARE AUTHORIZED TO REQUEST ASSISTANCE FROM THE DEPARTMENT OF
HEALTH AND FROM THE COUNTY IN WHICH THE INMATE RESIDED AND COMMITTED HIS
OR HER CRIME, WHICH SHALL PROVIDE ASSISTANCE WITH RESPECT TO THE DEVEL-
OPMENT AND IMPLEMENTATION OF A DISCHARGE PLAN, INCLUDING POTENTIAL
PLACEMENTS OF A RELEASEE. THE DEPARTMENT OF CORRECTIONAL SERVICES, THE
DIVISION OF PAROLE AND THE DEPARTMENT OF HEALTH SHALL JOINTLY DEVELOP
STANDARDS FOR THE MEDICAL DISCHARGE PLAN THAT ARE APPROPRIATELY ADAPTED
TO THE CRIMINAL JUSTICE SETTING, BASED ON STANDARDS ESTABLISHED BY THE
DEPARTMENT OF HEALTH FOR HOSPITAL MEDICAL DISCHARGE PLANNING. The board
may [reject all or part of the discharge plan submitted by the depart-
ment of correctional services, and may] postpone its decision pending
[submission of a new] COMPLETION OF AN ADEQUATE discharge plan, or may
deny release based on inadequacy of the discharge plan. [The department
of correctional services and the division of parole shall jointly devel-
op standards for the medical discharge plan that are appropriately
adapted to the criminal justice setting, based on standards established
by the department of health for hospital medical discharge planning.]
S 5. Subdivision 4 of section 259-r of the executive law, as added by
chapter 55 of the laws of 1992, paragraphs (a) and (d) as amended by
chapter 503 of the laws of 1994, is amended to read as follows:
S. 56--A 25 A. 156--A
4. (a) Medical parole granted pursuant to this section shall be for a
period of six months.
(b) The board shall require as a condition of release on medical
parole that the releasee agree to remain under the care of a physician
while on medical parole and in a hospital established pursuant to arti-
cle twenty-eight of the public health law, a hospice established pursu-
ant to article forty of the public health law or any other placement
that can provide appropriate medical care as specified in the medical
discharge plan required by subdivision two of this section. The medical
discharge plan shall state that the availability of the placement has
been confirmed, and by whom. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, WHEN AN INMATE WHO QUALIFIES FOR RELEASE UNDER THIS SECTION IS
COGNITIVELY INCAPABLE OF SIGNING THE REQUISITE DOCUMENTATION TO EFFECTU-
ATE THE MEDICAL DISCHARGE PLAN AND, AFTER A DILIGENT SEARCH NO PERSON
HAS BEEN IDENTIFIED WHO COULD OTHERWISE BE APPOINTED AS THE INMATE'S
GUARDIAN BY A COURT OF COMPETENT JURISDICTION, THEN, SOLELY FOR THE
PURPOSE OF IMPLEMENTING THE MEDICAL DISCHARGE PLAN, THE FACILITY HEALTH
SERVICES DIRECTOR AT THE FACILITY WHERE THE INMATE IS CURRENTLY INCAR-
CERATED SHALL BE LAWFULLY EMPOWERED TO ACT AS THE INMATE'S GUARDIAN FOR
THE PURPOSE OF EFFECTUATING THE MEDICAL DISCHARGE.
(c) [The] WHERE APPROPRIATE, THE board shall require as a condition of
release that medical parolees be supervised on intensive caseloads at
reduced supervision ratios [similar to the caseloads for parolees
released pursuant to the shock incarceration program established by
article twenty-six-A of the correction law].
(d) The board shall require as a condition of release on medical
parole that the releasee undergo periodic medical examinations and a
medical examination at least one month prior to the expiration of the
period of medical parole and, for the purposes of making a decision
pursuant to paragraph (e) of this subdivision, that the releasee provide
the board with a report, prepared by the treating physician, of the
results of such examination. Such report shall specifically state wheth-
er or not the parolee continues to suffer from a terminal condition,
disease, or syndrome, and to be so debilitated or incapacitated as to be
severely restricted in his or her ability to self-ambulate [and to care
for him or herself] OR TO PERFORM SIGNIFICANT NORMAL ACTIVITIES OF DAILY
LIVING.
(e) Prior to the expiration of the period of medical parole the board
shall review the medical examination report required by paragraph (d) of
this subdivision and may again grant medical parole pursuant to this
section; provided, however, that the provisions of paragraph (c) of
subdivision one and subdivision two of this section shall not apply.
(f) If the updated medical report presented to the board states that a
parolee released pursuant to this section is no longer so debilitated or
incapacitated as to create a reasonable probability that he or she is
physically OR COGNITIVELY incapable of presenting any danger to society
or if the releasee fails to submit the updated medical report then the
board may not make a new grant of medical parole pursuant to paragraph
(e) of this subdivision. Where the board has not granted medical parole
pursuant to such paragraph (e) the board shall promptly conduct through
one of its members, or cause to be conducted by a hearing officer desig-
nated by the board, a hearing to determine whether the releasee is
suffering from a terminal condition, disease or syndrome and is so
debilitated or incapacitated as to create a reasonable probability that
he or she is physically incapable of presenting any danger to society
and does not present a danger to society. If the board makes such a
S. 56--A 26 A. 156--A
determination then it may make a new grant of medical parole pursuant to
the standards of paragraph (b) of subdivision one of this section. At
the hearing, the releasee shall have the right to representation by
counsel, including the right, if the releasee is financially unable to
retain counsel, to have the appropriate court assign counsel in accord-
ance with the county or city plan for representation placed in operation
pursuant to article eighteen-B of the county law.
(g) The hearing and determination provided for by paragraph (f) of
this subdivision shall be concluded within the [four] SIX month period
of medical parole. If the board does not renew the grant of medical
parole, it shall order that the releasee be returned immediately to the
custody of the department of correctional services.
(h) In addition to the procedures set forth in paragraph (f) of this
subdivision, medical parole may be revoked at any time upon any of the
grounds specified in paragraph (a) of subdivision three of section two
hundred fifty-nine-i of this article, and in accordance with the proce-
dures specified in subdivision three of section two hundred fifty-nine-i
of this article.
(i) A releasee who is on medical parole and who becomes eligible for
parole pursuant to the provisions of subdivision two of section two
hundred fifty-nine-i of this article shall be eligible for parole
consideration pursuant to such subdivision.
S 6. The executive law is amended by adding a new section 259-s to
read as follows:
S 259-S. RELEASE ON MEDICAL PAROLE FOR INMATES SUFFERING SIGNIFICANT
DEBILITATING ILLNESSES. 1. (A) THE BOARD SHALL HAVE THE POWER TO
RELEASE ON MEDICAL PAROLE ANY INMATE SERVING AN INDETERMINATE OR DETER-
MINATE SENTENCE OF IMPRISONMENT WHO, PURSUANT TO SUBDIVISION TWO OF THIS
SECTION, HAS BEEN CERTIFIED TO BE SUFFERING FROM A SIGNIFICANT AND
PERMANENT NON-TERMINAL CONDITION, DISEASE OR SYNDROME THAT HAS RENDERED
THE INMATE SO PHYSICALLY OR COGNITIVELY DEBILITATED OR INCAPACITATED AS
TO CREATE A REASONABLE PROBABILITY THAT HE OR SHE DOES NOT PRESENT ANY
DANGER TO SOCIETY, PROVIDED, HOWEVER, THAT NO INMATE SERVING A SENTENCE
IMPOSED UPON A CONVICTION FOR MURDER IN THE FIRST DEGREE OR AN ATTEMPT
OR CONSPIRACY TO COMMIT MURDER IN THE FIRST DEGREE SHALL BE ELIGIBLE FOR
SUCH RELEASE, AND PROVIDED FURTHER THAT NO INMATE SERVING A SENTENCE
IMPOSED UPON A CONVICTION FOR ANY OF THE FOLLOWING OFFENSES SHALL BE
ELIGIBLE FOR SUCH RELEASE UNLESS IN THE CASE OF AN INDETERMINATE
SENTENCE HE OR SHE HAS SERVED AT LEAST ONE-HALF OF THE MINIMUM PERIOD OF
THE SENTENCE AND IN THE CASE OF A DETERMINATE SENTENCE HE OR SHE HAS
SERVED AT LEAST ONE-HALF OF HIS OR HER SENTENCE: MURDER IN THE SECOND
DEGREE, MANSLAUGHTER IN THE FIRST DEGREE, ANY OFFENSE DEFINED IN ARTICLE
ONE HUNDRED THIRTY OF THE PENAL LAW OR AN ATTEMPT TO COMMIT ANY OF THESE
OFFENSES.
(B) SUCH RELEASE SHALL BE GRANTED ONLY AFTER THE BOARD CONSIDERS
WHETHER, IN LIGHT OF THE INMATE'S MEDICAL CONDITION, THERE IS A REASON-
ABLE PROBABILITY THAT THE INMATE, IF RELEASED, WILL LIVE AND REMAIN AT
LIBERTY WITHOUT VIOLATING THE LAW, AND THAT SUCH RELEASE IS NOT INCOM-
PATIBLE WITH THE WELFARE OF SOCIETY AND WILL NOT SO DEPRECATE THE SERI-
OUSNESS OF THE CRIME AS TO UNDERMINE RESPECT FOR THE LAW, AND SHALL BE
SUBJECT TO THE LIMITS AND CONDITIONS SPECIFIED IN SUBDIVISION FOUR OF
THIS SECTION. IN MAKING THIS DETERMINATION, THE BOARD SHALL CONSIDER:
(I) THE NATURE AND SERIOUSNESS OF THE INMATE'S CRIME; (II) THE INMATE'S
PRIOR CRIMINAL RECORD; (III) THE INMATE'S DISCIPLINARY, BEHAVIORAL AND
REHABILITATIVE RECORD DURING THE TERM OF HIS OR HER INCARCERATION; (IV)
THE AMOUNT OF TIME THE INMATE MUST SERVE BEFORE BECOMING ELIGIBLE FOR
S. 56--A 27 A. 156--A
RELEASE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE;
(V) THE CURRENT AGE OF THE INMATE AND HIS OR HER AGE AT THE TIME OF THE
CRIME; (VI) THE RECOMMENDATIONS OF THE SENTENCING COURT, THE DISTRICT
ATTORNEY AND THE VICTIM OR THE VICTIM'S REPRESENTATIVE; (VII) THE NATURE
OF THE INMATE'S MEDICAL CONDITION, DISEASE OR SYNDROME AND THE EXTENT OF
MEDICAL TREATMENT OR CARE THAT THE INMATE WILL REQUIRE AS A RESULT OF
THAT CONDITION, DISEASE OR SYNDROME; AND (VIII) ANY OTHER RELEVANT
FACTOR. EXCEPT AS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION, SUCH
RELEASE MAY BE GRANTED AT ANY TIME DURING THE TERM OF AN INMATE'S
SENTENCE, NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
(C) THE BOARD SHALL AFFORD NOTICE TO THE SENTENCING COURT, THE
DISTRICT ATTORNEY, THE ATTORNEY FOR THE INMATE AND, WHERE NECESSARY
PURSUANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS
ARTICLE, THE CRIME VICTIM, THAT THE INMATE IS BEING CONSIDERED FOR
RELEASE PURSUANT TO THIS SECTION AND THE PARTIES RECEIVING NOTICE SHALL
HAVE THIRTY DAYS TO COMMENT ON THE RELEASE OF THE INMATE. RELEASE ON
MEDICAL PAROLE SHALL NOT BE GRANTED UNTIL THE EXPIRATION OF THE COMMENT
PERIOD PROVIDED FOR IN THIS PARAGRAPH.
2. (A) THE COMMISSIONER OF CORRECTIONAL SERVICES, ON THE COMMISSION-
ER'S OWN INITIATIVE OR AT THE REQUEST OF AN INMATE, OR AN INMATE'S
SPOUSE, RELATIVE OR ATTORNEY, MAY, IN THE EXERCISE OF THE COMMISSIONER'S
DISCRETION, DIRECT THAT AN INVESTIGATION BE UNDERTAKEN TO DETERMINE
WHETHER A DIAGNOSIS SHOULD BE MADE OF AN INMATE WHO APPEARS TO BE
SUFFERING FROM A SIGNIFICANT AND PERMANENT NON-TERMINAL AND INCAPACITAT-
ING CONDITION, DISEASE OR SYNDROME. ANY SUCH MEDICAL DIAGNOSIS SHALL BE
MADE BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE PURSUANT
TO SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR OF THE EDUCATION LAW. SUCH
PHYSICIAN SHALL EITHER BE EMPLOYED BY THE DEPARTMENT OF CORRECTIONAL
SERVICES, SHALL RENDER PROFESSIONAL SERVICES AT THE REQUEST OF THE
DEPARTMENT OF CORRECTIONAL SERVICES, OR SHALL BE EMPLOYED BY A HOSPITAL
OR MEDICAL FACILITY USED BY THE DEPARTMENT OF CORRECTIONAL SERVICES FOR
THE MEDICAL TREATMENT OF INMATES. THE DIAGNOSIS SHALL BE REPORTED TO THE
COMMISSIONER OF CORRECTIONAL SERVICES AND SHALL INCLUDE BUT SHALL NOT BE
LIMITED TO A DESCRIPTION OF THE CONDITION, DISEASE OR SYNDROME SUFFERED
BY THE INMATE, A PROGNOSIS CONCERNING THE LIKELIHOOD THAT THE INMATE
WILL NOT RECOVER FROM SUCH CONDITION, DISEASE OR SYNDROME, A DESCRIPTION
OF THE INMATE'S PHYSICAL OR COGNITIVE INCAPACITY WHICH SHALL INCLUDE A
PREDICTION RESPECTING THE LIKELY DURATION OF THE INCAPACITY, AND A
STATEMENT BY THE PHYSICIAN OF WHETHER THE INMATE IS SO DEBILITATED OR
INCAPACITATED AS TO BE SEVERELY RESTRICTED IN HIS OR HER ABILITY TO
SELF-AMBULATE OR TO PERFORM SIGNIFICANT NORMAL ACTIVITIES OF DAILY
LIVING. THIS REPORT ALSO SHALL INCLUDE A RECOMMENDATION OF THE TYPE AND
LEVEL OF SERVICES AND TREATMENT THE INMATE WOULD REQUIRE IF GRANTED
MEDICAL PAROLE AND A RECOMMENDATION FOR THE TYPES OF SETTINGS IN WHICH
THE SERVICES AND TREATMENT SHOULD BE GIVEN.
(B) THE COMMISSIONER, OR THE COMMISSIONER'S DESIGNEE, SHALL REVIEW THE
DIAGNOSIS AND MAY CERTIFY THAT THE INMATE IS SUFFERING FROM SUCH CONDI-
TION, DISEASE OR SYNDROME AND THAT THE INMATE IS SO DEBILITATED OR INCA-
PACITATED AS TO CREATE A REASONABLE PROBABILITY THAT HE OR SHE IS PHYS-
ICALLY OR COGNITIVELY INCAPABLE OF PRESENTING ANY DANGER TO SOCIETY. IF
THE COMMISSIONER DOES NOT SO CERTIFY THEN THE INMATE SHALL NOT BE
REFERRED TO THE BOARD OF PAROLE FOR CONSIDERATION FOR RELEASE ON MEDICAL
PAROLE. IF THE COMMISSIONER DOES SO CERTIFY, THEN THE COMMISSIONER
SHALL, WITHIN SEVEN WORKING DAYS OF RECEIPT OF SUCH DIAGNOSIS, REFER THE
INMATE TO THE BOARD OF PAROLE FOR CONSIDERATION FOR RELEASE ON MEDICAL
PAROLE. HOWEVER, NO SUCH REFERRAL OF AN INMATE TO THE BOARD OF PAROLE
S. 56--A 28 A. 156--A
SHALL BE MADE UNLESS THE INMATE HAS BEEN EXAMINED BY A PHYSICIAN AND
DIAGNOSED AS HAVING A CONDITION, DISEASE OR SYNDROME AS PREVIOUSLY
DESCRIBED HEREIN AT SOME TIME SUBSEQUENT TO SUCH INMATE'S ADMISSION TO A
FACILITY OPERATED BY THE DEPARTMENT OF CORRECTIONAL SERVICES.
(C) WHEN THE COMMISSIONER REFERS AN INMATE TO THE BOARD, THE COMMIS-
SIONER SHALL PROVIDE AN APPROPRIATE MEDICAL DISCHARGE PLAN JOINTLY
ESTABLISHED BY THE DEPARTMENT OF CORRECTIONAL SERVICES AND THE DIVISION
OF PAROLE. THE DEPARTMENT OF CORRECTIONAL SERVICES AND THE DIVISION OF
PAROLE ARE AUTHORIZED TO REQUEST ASSISTANCE FROM THE DEPARTMENT OF
HEALTH AND FROM THE COUNTY IN WHICH THE INMATE RESIDED AND COMMITTED HIS
OR HER CRIME, WHICH SHALL PROVIDE ASSISTANCE WITH RESPECT TO THE DEVEL-
OPMENT AND IMPLEMENTATION OF A DISCHARGE PLAN, INCLUDING POTENTIAL
PLACEMENTS OF A RELEASEE. THE DEPARTMENT OF CORRECTIONAL SERVICES, THE
DIVISION OF PAROLE AND THE DEPARTMENT OF HEALTH SHALL JOINTLY DEVELOP
STANDARDS FOR THE MEDICAL DISCHARGE PLAN THAT ARE APPROPRIATELY ADAPTED
TO THE CRIMINAL JUSTICE SETTING, BASED ON STANDARDS ESTABLISHED BY THE
DEPARTMENT OF HEALTH FOR HOSPITAL MEDICAL DISCHARGE PLANNING. THE BOARD
MAY POSTPONE ITS DECISION PENDING COMPLETION OF AN ADEQUATE DISCHARGE
PLAN, OR MAY DENY RELEASE BASED ON INADEQUACY OF THE DISCHARGE PLAN.
3. ANY CERTIFICATION BY THE COMMISSIONER OR THE COMMISSIONER'S DESIG-
NEE PURSUANT TO THIS SECTION SHALL BE DEEMED A JUDICIAL FUNCTION AND
SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE WITH LAW.
4. (A) MEDICAL PAROLE GRANTED PURSUANT TO THIS SECTION SHALL BE FOR A
PERIOD OF SIX MONTHS.
(B) THE BOARD SHALL REQUIRE AS A CONDITION OF RELEASE ON MEDICAL
PAROLE THAT THE RELEASEE AGREE TO REMAIN UNDER THE CARE OF A PHYSICIAN
WHILE ON MEDICAL PAROLE AND IN A HOSPITAL ESTABLISHED PURSUANT TO ARTI-
CLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, A HOSPICE ESTABLISHED PURSU-
ANT TO ARTICLE FORTY OF THE PUBLIC HEALTH LAW OR ANY OTHER PLACEMENT,
INCLUDING A RESIDENCE WITH FAMILY OR OTHERS, THAT CAN PROVIDE APPROPRI-
ATE MEDICAL CARE AS SPECIFIED IN THE MEDICAL DISCHARGE PLAN REQUIRED BY
SUBDIVISION TWO OF THIS SECTION. THE MEDICAL DISCHARGE PLAN SHALL STATE
THAT THE AVAILABILITY OF THE PLACEMENT HAS BEEN CONFIRMED, AND BY WHOM.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN INMATE WHO QUALIFIES
FOR RELEASE UNDER THIS SECTION IS COGNITIVELY INCAPABLE OF SIGNING THE
REQUISITE DOCUMENTATION TO EFFECTUATE THE MEDICAL DISCHARGE PLAN AND,
AFTER A DILIGENT SEARCH NO PERSON HAS BEEN IDENTIFIED WHO COULD OTHER-
WISE BE APPOINTED AS THE INMATE'S GUARDIAN BY A COURT OF COMPETENT
JURISDICTION, THEN, SOLELY FOR THE PURPOSE OF IMPLEMENTING THE MEDICAL
DISCHARGE PLAN, THE FACILITY HEALTH SERVICES DIRECTOR AT THE FACILITY
WHERE THE INMATE IS CURRENTLY INCARCERATED SHALL BE LAWFULLY EMPOWERED
TO ACT AS THE INMATE'S GUARDIAN FOR THE PURPOSE OF EFFECTUATING THE
MEDICAL DISCHARGE.
(C) WHERE APPROPRIATE, THE BOARD SHALL REQUIRE AS A CONDITION OF
RELEASE THAT MEDICAL PAROLEES BE SUPERVISED ON INTENSIVE CASELOADS AT
REDUCED SUPERVISION RATIOS.
(D) THE BOARD SHALL REQUIRE AS A CONDITION OF RELEASE ON MEDICAL
PAROLE THAT THE RELEASEE UNDERGO PERIODIC MEDICAL EXAMINATIONS AND A
MEDICAL EXAMINATION AT LEAST ONE MONTH PRIOR TO THE EXPIRATION OF THE
PERIOD OF MEDICAL PAROLE AND, FOR THE PURPOSES OF MAKING A DECISION
PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION, THAT THE RELEASEE PROVIDE
THE BOARD WITH A REPORT, PREPARED BY THE TREATING PHYSICIAN, OF THE
RESULTS OF SUCH EXAMINATION. SUCH REPORT SHALL SPECIFICALLY STATE WHETH-
ER OR NOT THE PAROLEE CONTINUES TO SUFFER FROM A SIGNIFICANT AND PERMA-
NENT NON-TERMINAL AND DEBILITATING CONDITION, DISEASE, OR SYNDROME, AND
TO BE SO DEBILITATED OR INCAPACITATED AS TO BE SEVERELY RESTRICTED IN
S. 56--A 29 A. 156--A
HIS OR HER ABILITY TO SELF-AMBULATE OR TO PERFORM SIGNIFICANT NORMAL
ACTIVITIES OF DAILY LIVING.
(E) PRIOR TO THE EXPIRATION OF THE PERIOD OF MEDICAL PAROLE THE BOARD
SHALL REVIEW THE MEDICAL EXAMINATION REPORT REQUIRED BY PARAGRAPH (D) OF
THIS SUBDIVISION AND MAY AGAIN GRANT MEDICAL PAROLE PURSUANT TO THIS
SECTION; PROVIDED, HOWEVER, THAT THE PROVISIONS OF PARAGRAPH (C) OF
SUBDIVISION ONE AND SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY.
(F) IF THE UPDATED MEDICAL REPORT PRESENTED TO THE BOARD STATES THAT A
PAROLEE RELEASED PURSUANT TO THIS SECTION IS NO LONGER SO DEBILITATED OR
INCAPACITATED AS TO CREATE A REASONABLE PROBABILITY THAT HE OR SHE IS
PHYSICALLY OR COGNITIVELY INCAPABLE OF PRESENTING ANY DANGER TO SOCIETY
OR IF THE RELEASEE FAILS TO SUBMIT THE UPDATED MEDICAL REPORT THEN THE
BOARD MAY NOT MAKE A NEW GRANT OF MEDICAL PAROLE PURSUANT TO PARAGRAPH
(E) OF THIS SUBDIVISION. WHERE THE BOARD HAS NOT GRANTED MEDICAL PAROLE
PURSUANT TO SUCH PARAGRAPH (E) THE BOARD SHALL PROMPTLY CONDUCT THROUGH
ONE OF ITS MEMBERS, OR CAUSE TO BE CONDUCTED BY A HEARING OFFICER DESIG-
NATED BY THE BOARD, A HEARING TO DETERMINE WHETHER THE RELEASEE IS
SUFFERING FROM A SIGNIFICANT AND PERMANENT NON-TERMINAL AND INCAPACITAT-
ING CONDITION, DISEASE OR SYNDROME AND IS SO DEBILITATED OR INCAPACI-
TATED AS TO CREATE A REASONABLE PROBABILITY THAT HE OR SHE IS PHYSICALLY
OR COGNITIVELY INCAPABLE OF PRESENTING ANY DANGER TO SOCIETY AND DOES
NOT PRESENT A DANGER TO SOCIETY. IF THE BOARD MAKES SUCH A DETERMINATION
THEN IT MAY MAKE A NEW GRANT OF MEDICAL PAROLE PURSUANT TO THE STANDARDS
OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION. AT THE HEARING, THE
RELEASEE SHALL HAVE THE RIGHT TO REPRESENTATION BY COUNSEL, INCLUDING
THE RIGHT, IF THE RELEASEE IS FINANCIALLY UNABLE TO RETAIN COUNSEL, TO
HAVE THE APPROPRIATE COURT ASSIGN COUNSEL IN ACCORDANCE WITH THE COUNTY
OR CITY PLAN FOR REPRESENTATION PLACED IN OPERATION PURSUANT TO ARTICLE
EIGHTEEN-B OF THE COUNTY LAW.
(G) THE HEARING AND DETERMINATION PROVIDED FOR BY PARAGRAPH (F) OF
THIS SUBDIVISION SHALL BE CONCLUDED WITHIN THE SIX MONTH PERIOD OF
MEDICAL PAROLE. IF THE BOARD DOES NOT RENEW THE GRANT OF MEDICAL PAROLE,
IT SHALL ORDER THAT THE RELEASEE BE RETURNED IMMEDIATELY TO THE CUSTODY
OF THE DEPARTMENT OF CORRECTIONAL SERVICES.
(H) IN ADDITION TO THE PROCEDURES SET FORTH IN PARAGRAPH (F) OF THIS
SUBDIVISION, MEDICAL PAROLE MAY BE REVOKED AT ANY TIME UPON ANY OF THE
GROUNDS SPECIFIED IN PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION TWO
HUNDRED FIFTY-NINE-I OF THIS ARTICLE, AND IN ACCORDANCE WITH THE PROCE-
DURES SPECIFIED IN SUBDIVISION THREE OF SECTION TWO HUNDRED FIFTY-NINE-I
OF THIS ARTICLE.
(I) A RELEASEE WHO IS ON MEDICAL PAROLE AND WHO BECOMES ELIGIBLE FOR
PAROLE PURSUANT TO THE PROVISIONS OF SUBDIVISION TWO OF SECTION TWO
HUNDRED FIFTY-NINE-I OF THIS ARTICLE SHALL BE ELIGIBLE FOR PAROLE
CONSIDERATION PURSUANT TO SUCH SUBDIVISION.
5. A DENIAL OF RELEASE ON MEDICAL PAROLE OR EXPIRATION OF MEDICAL
PAROLE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (F) OF SUBDIVISION
FOUR OF THIS SECTION SHALL NOT PRECLUDE THE INMATE FROM REAPPLYING FOR
MEDICAL PAROLE OR OTHERWISE AFFECT AN INMATE'S ELIGIBILITY FOR ANY OTHER
FORM OF RELEASE PROVIDED FOR BY LAW.
6. TO THE EXTENT THAT ANY PROVISION OF THIS SECTION REQUIRES DISCLO-
SURE OF MEDICAL INFORMATION FOR THE PURPOSE OF PROCESSING AN APPLICATION
OR MAKING A DECISION, REGARDING RELEASE ON MEDICAL PAROLE OR RENEWAL OF
MEDICAL PAROLE, OR FOR THE PURPOSE OF APPROPRIATELY SUPERVISING A PERSON
RELEASED ON MEDICAL PAROLE, AND THAT SUCH DISCLOSURE WOULD OTHERWISE BE
PROHIBITED BY ARTICLE TWENTY-SEVEN-F OF THE PUBLIC HEALTH LAW, THE
PROVISIONS OF THIS SECTION SHALL BE CONTROLLING.
S. 56--A 30 A. 156--A
7. THE COMMISSIONER OF CORRECTIONAL SERVICES AND THE CHAIR OF THE
BOARD OF PAROLE SHALL BE AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
FOR THEIR RESPECTIVE AGENCIES TO IMPLEMENT THE PROVISIONS OF THIS
SECTION.
8. ANY DECISION MADE BY THE BOARD PURSUANT TO THIS SECTION MAY BE
APPEALED PURSUANT TO SUBDIVISION FOUR OF SECTION TWO HUNDRED
FIFTY-NINE-I OF THIS ARTICLE.
9. THE CHAIR OF THE BOARD SHALL REPORT ANNUALLY TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, THE
CHAIRPERSONS OF THE ASSEMBLY AND SENATE CODES COMMITTEES, THE CHAIR-
PERSON OF THE SENATE CRIME AND CORRECTIONS COMMITTEE, AND THE CHAIR-
PERSON OF THE ASSEMBLY CORRECTIONS COMMITTEE THE NUMBER OF INMATES WHO
HAVE APPLIED FOR MEDICAL PAROLE UNDER THIS SECTION; THE NUMBER WHO HAVE
BEEN GRANTED MEDICAL PAROLE; THE NATURE OF THE ILLNESS OF THE APPLI-
CANTS, THE COUNTIES TO WHICH THEY HAVE BEEN RELEASED AND THE NATURE OF
THE PLACEMENT PURSUANT TO THE MEDICAL DISCHARGE PLAN; THE CATEGORIES OF
REASONS FOR DENIAL FOR THOSE WHO HAVE BEEN DENIED; THE NUMBER OF RELEAS-
EES WHO HAVE BEEN GRANTED AN ADDITIONAL PERIOD OR PERIODS OF MEDICAL
PAROLE AND THE NUMBER OF SUCH GRANTS; THE NUMBER OF RELEASEES ON MEDICAL
PAROLE WHO HAVE BEEN RETURNED TO THE CUSTODY OF THE DEPARTMENT OF
CORRECTIONAL SERVICES AND THE REASONS FOR RETURN.
S 7. Subparagraph (v) of paragraph (a) of subdivision 1 of section
70.40 of the penal law, as amended by chapter 3 of the laws of 1995, is
amended to read as follows:
(v) Notwithstanding any other subparagraph of this paragraph, a person
may be paroled from the institution in which he is confined at any time
on medical parole pursuant to section two hundred fifty-nine-r OR
SECTION TWO HUNDRED FIFTY-NINE-S of the executive law or for deportation
pursuant to paragraph (d) of subdivision two of section two hundred
fifty-nine-i of the executive law or after the successful completion of
a shock incarceration program pursuant to article twenty-six-A of the
correction law.
S 8. Subdivision 1 of section 259-c of the executive law, as amended
by chapter 3 of the laws of 1995, is amended to read as follows:
1. have the power and duty of determining which inmates serving an
indeterminate or determinate sentence of imprisonment may be released on
parole, or on medical parole pursuant to section two hundred
fifty-nine-r OR SECTION TWO HUNDRED FIFTY-NINE-S of this article, and
when and under what conditions;
S 9. This act shall take effect immediately; provided that:
(a) the amendments to paragraph (a) of subdivision 1 of section 259-r
of the executive law made by section one of this act shall be subject to
the expiration and reversion of such paragraph pursuant to chapter 3 of
the laws of 1995, as amended, when upon such date the provisions of
section two of this act shall take effect;
(b) the amendments to the section heading, paragraph (a) of subdivi-
sion 1, paragraph (b) of subdivision 1, subdivision 2 and subdivision 4
of section 259-r of the executive law made by sections one, two, three,
four and five, respectively, of this act shall not affect the expiration
of such section and shall be deemed to expire therewith; and
(c) the amendments to subparagraph (v) of paragraph (a) of subdivision
1 of section 70.40 of the penal law and the amendments to subdivision 1
of section 259-c of the executive law made by sections seven and eight,
respectively, of this act shall not affect the expiration of such para-
graph and subdivision and shall be deemed to expire therewith.
S. 56--A 31 A. 156--A
PART K
Section 1. Subdivision 5 of section 177 of the correction law is
renumbered subdivision 6 and a new subdivision 5 is added to read as
follows:
5. THE COMMISSIONER SHALL BE AUTHORIZED TO ENTER INTO AGREEMENTS TO
SELL FOOD AND DRINK PRODUCTS MADE AT THE FOOD PRODUCTION CENTER OF THE
DEPARTMENT TO FOOD KITCHENS, HOMELESS SHELTERS AND OTHER ELEEMOSYNARY
ORGANIZATIONS FUNDED IN WHOLE OR IN PART BY FEDERAL, STATE OR LOCAL
FUNDS. ALL PROCEEDS FROM SUCH SALES SHALL BE DEPOSITED INTO AN ACCOUNT
WHICH SHALL ONLY BE USED FOR THE CONTINUED OPERATION OF THE FOOD
PRODUCTION CENTER. THE CHARGE FOR THESE PRODUCTS, INCLUDED IN THE AGREE-
MENTS BETWEEN THE COMMISSIONER AND THESE ELEEMOSYNARY ORGANIZATIONS,
SHALL NOT EXCEED THE COSTS ASSOCIATED WITH THE PRODUCTION AND TRANSPOR-
TATION OF THE PRODUCTS FOR SALE. THE COMMISSIONER MAY, IN HIS OR HER
DISCRETION, AND BY WHATEVER MEANS HE OR SHE DEEMS APPROPRIATE, NOTIFY
SUCH ORGANIZATIONS OF THE AVAILABILITY OF SUCH PRODUCTS FOR SALE.
S 2. This act shall take effect immediately.
PART L
Section 1. Subdivision 1 of section 865 of the correction law, as
amended by chapter 738 of the laws of 2004, is amended to read as
follows:
1. "Eligible inmate" means a person sentenced to an indeterminate term
of imprisonment who will become eligible for release on parole within
three years or sentenced to a determinate term of imprisonment who will
become eligible for conditional release within three years, who has not
reached the age of [forty] FIFTY years, who has not previously been
convicted of a felony upon which an indeterminate or determinate term of
imprisonment was imposed and who was between the ages of sixteen and
[forty] FIFTY years at the time of commission of the crime upon which
his or her present sentence was based except, however, an eligible
inmate shall not include a person sentenced to a determinate sentence of
three and one-half years or more as a second felony drug offender pursu-
ant to subdivision three of section 70.70 of the penal law for a
conviction of a class B felony offense defined in article two hundred
twenty of the penal law. Notwithstanding the foregoing, no person who
is convicted of any of the following crimes shall be deemed eligible to
participate in this program: (a) a violent felony offense as defined in
article seventy of the penal law, (b) an A-I felony offense, (c)
[manslaughter in the second degree, vehicular manslaughter in the second
degree, vehicular manslaughter in the first degree, and criminally
negligent] ANY homicide OFFENSE as defined in article one hundred twen-
ty-five of the penal law, (d) [rape in the second degree, rape in the
third degree, criminal sexual act in the second degree, criminal sexual
act in the third degree, attempted sexual abuse in the first degree,
attempted rape in the second degree and attempted criminal sexual act in
the second degree] ANY SEX OFFENSE as defined in [articles one hundred
ten and] ARTICLE one hundred thirty of the penal law and (e) any escape
or absconding offense as defined in article two hundred five of the
penal law.
S 2. Subdivision 2 of section 865 of the correction law, as added by
chapter 261 of the laws of 1987, is amended to read as follows:
2. "Shock incarceration program" means a program pursuant to which
eligible inmates are selected [directly at reception centers] to partic-
S. 56--A 32 A. 156--A
ipate in the program and serve a period of six months in a shock incar-
ceration facility, which shall provide rigorous physical activity,
intensive regimentation and discipline and rehabilitation therapy and
programming. SUCH INMATES MAY BE SELECTED EITHER: (I) AT A RECEPTION
CENTER; OR (II) AT A GENERAL CONFINEMENT FACILITY WHEN THE OTHERWISE
ELIGIBLE INMATE THEN BECOMES ELIGIBLE FOR RELEASE ON PAROLE WITHIN THREE
YEARS IN THE CASE OF AN INDETERMINATE TERM OF IMPRISONMENT, OR THEN
BECOMES ELIGIBLE FOR CONDITIONAL RELEASE WITHIN THREE YEARS IN THE CASE
OF A DETERMINATE TERM OF IMPRISONMENT.
S 3. Subdivision 2 of section 866 of the correction law, as added by
chapter 261 of the laws of 1987, is amended to read as follows:
2. [For each reception center the] THE commissioner shall appoint or
cause to be appointed a shock incarceration selection committee AT ONE
OR MORE DESIGNATED CORRECTIONAL FACILITIES, which shall meet on a regu-
larly scheduled basis to review ALL ELIGIBLE INMATES TRANSFERRED TO SUCH
FACILITY FOR SCREENING AND all applications for the shock incarceration
program.
S 4. The correction law is amended by adding a new section 803-b to
read as follows:
S 803-B. LIMITED CREDIT TIME ALLOWANCES FOR INMATES SERVING INDETERMI-
NATE OR DETERMINATE SENTENCES IMPOSED FOR SPECIFIED OFFENSES. 1. DEFI-
NITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "ELIGIBLE OFFENDER" MEANS A PERSON UNDER THE CUSTODY OF THE
DEPARTMENT OR CONFINED IN A FACILITY IN THE DEPARTMENT OF MENTAL
HYGIENE, OTHER THAN A PERSON WHO IS SUBJECT TO A SENTENCE IMPOSED FOR
MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.27 OF THE PENAL
LAW, AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF SUCH LAW, OR AN
ATTEMPT OR A CONSPIRACY TO COMMIT ANY SUCH OFFENSE, WHO IS OTHERWISE
SUBJECT TO:
(I) AN INDETERMINATE SENTENCE IMPOSED FOR ANY CLASS A-I FELONY OFFENSE
OTHER THAN CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FIRST
DEGREE AS DEFINED IN SECTION 220.21 OF THE PENAL LAW OR CRIMINAL SALE OF
A CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION 220.43
OF SUCH LAW OR AN ATTEMPT OR A CONSPIRACY TO COMMIT SUCH CONTROLLED
SUBSTANCE OFFENSE; OR
(II) AN INDETERMINATE OR DETERMINATE SENTENCE IMPOSED FOR AN OFFENSE
LISTED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW; OR
(III) AN INDETERMINATE OR DETERMINATE SENTENCE IMPOSED FOR AN OFFENSE
DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW.
(B) "LIMITED CREDIT TIME BENEFIT" MEANS:
(I) IN THE CASE OF AN ELIGIBLE OFFENDER WHO IS SUBJECT TO AN INDETER-
MINATE SENTENCE WITH A MAXIMUM TERM OF LIFE IMPRISONMENT, SUCH OFFENDER
SHALL BE ELIGIBLE FOR RELEASE SIX MONTHS BEFORE THE COMPLETION OF THE
CONTROLLING MINIMUM PERIOD OF IMPRISONMENT AS DEFINED BY SUBDIVISION ONE
OF SECTION 70.40 OF THE PENAL LAW; OR
(II) (A) IN THE CASE OF AN ELIGIBLE OFFENDER WHO IS NOT SUBJECT TO AN
INDETERMINATE SENTENCE WITH A MAXIMUM TERM OF LIFE IMPRISONMENT, SUCH
OFFENDER SHALL BE ELIGIBLE FOR CONDITIONAL RELEASE SIX MONTHS EARLIER
THAN AS PROVIDED BY PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 70.40 OF
THE PENAL LAW, PROVIDED THAT THE DEPARTMENT DETERMINES SUCH OFFENDER HAS
EARNED THE FULL AMOUNT OF GOOD TIME AUTHORIZED BY SECTION EIGHT HUNDRED
THREE OF THIS ARTICLE; THE WITHHOLDING OF ANY GOOD BEHAVIOR TIME CREDIT
BY THE DEPARTMENT SHALL RENDER AN INMATE INELIGIBLE FOR THE CREDIT
DEFINED HEREIN;
S. 56--A 33 A. 156--A
(B) IN THE EVENT THE LIMITED CREDIT TIME BENEFIT DEFINED HEREIN CAUSES
SUCH CONDITIONAL RELEASE DATE TO PRECEDE THE PAROLE ELIGIBILITY DATE AS
CALCULATED PURSUANT TO SUBDIVISION ONE OF SECTION 70.40 OF THE PENAL
LAW, A LIMITED CREDIT TIME BENEFIT SHALL ALSO BE APPLIED TO THE PAROLE
ELIGIBILITY DATE, BUT ONLY TO THE EXTENT NECESSARY TO CAUSE SUCH PAROLE
ELIGIBILITY DATE TO BE THE SAME DATE AS THE CONDITIONAL RELEASE DATE;
(C) AN INMATE SHALL NOT BE ELIGIBLE FOR THE CREDIT DEFINED HEREIN IF
HE OR SHE IS RETURNED TO THE DEPARTMENT PURSUANT TO A REVOCATION OF
PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE, OR POST-RELEASE SUPER-
VISION AND HAS NOT BEEN SENTENCED TO AN ADDITIONAL INDETERMINATE OR
DETERMINATE TERM OF IMPRISONMENT.
(III) REGARDLESS OF THE NUMBER OF SENTENCES TO WHICH AN ELIGIBLE
OFFENDER IS SUBJECT, THE LIMITED CREDIT TIME BENEFIT AUTHORIZED PURSUANT
TO THIS SECTION SHALL BE LIMITED TO A SINGLE SIX-MONTH CREDIT APPLIED TO
SUCH PERSON'S PAROLE ELIGIBILITY DATE PURSUANT TO SUBPARAGRAPH (I) OF
THIS PARAGRAPH OR TO SUCH PERSON'S CONDITIONAL RELEASE DATE PURSUANT TO
SUBPARAGRAPH (II) OF THIS PARAGRAPH. EXCEPT AS PROVIDED IN CLAUSE (B) OF
SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE LIMITED CREDIT TIME BENEFIT
AUTHORIZED PURSUANT TO THIS SECTION SHALL NOT BE APPLIED TO AN ELIGIBLE
OFFENDER'S PAROLE ELIGIBILITY DATE AND CONDITIONAL RELEASE DATE.
(C) "SIGNIFICANT PROGRAMMATIC ACCOMPLISHMENT" MEANS THAT THE INMATE:
(I) PARTICIPATES IN NO LESS THAN TWO YEARS OF COLLEGE PROGRAMMING; OR
(II) OBTAINS A MASTERS OF PROFESSIONAL STUDIES DEGREE; OR
(III) SUCCESSFULLY PARTICIPATES AS AN INMATE PROGRAM ASSOCIATE FOR NO
LESS THAN TWO YEARS; OR
(IV) RECEIVES A CERTIFICATION FROM THE STATE DEPARTMENT OF LABOR FOR
HIS OR HER SUCCESSFUL PARTICIPATION IN AN APPRENTICESHIP PROGRAM; OR
(V) SUCCESSFULLY WORKS AS AN INMATE HOSPICE AID FOR A PERIOD OF NO
LESS THAN TWO YEARS.
(D) "SERIOUS DISCIPLINARY INFRACTION" OR "OVERALL POOR INSTITUTIONAL
RECORD" SHALL BE DEFINED IN REGULATIONS PROMULGATED BY THE COMMISSIONER
AND NEED NOT BE THE SAME AS THE REGULATIONS PROMULGATED FOR THE MEANING
OF SERIOUS DISCIPLINARY INFRACTION PURSUANT TO PARAGRAPH (D) OF SUBDIVI-
SION ONE OF SECTION EIGHT HUNDRED THREE OF THIS ARTICLE.
(E) "DISQUALIFYING JUDICIAL DETERMINATION" MEANS A JUDICIAL DETERMI-
NATION THAT THE PERSON, WHILE AN INMATE, COMMENCED OR CONTINUED A CIVIL
ACTION OR PROCEEDING OR CLAIM THAT WAS FOUND TO BE FRIVOLOUS AS DEFINED
IN SUBDIVISION (C) OF SECTION EIGHT THOUSAND THREE HUNDRED THREE-A OF
THE CIVIL PRACTICE LAW AND RULES, OR AN ORDER OF A FEDERAL COURT PURSU-
ANT TO RULE 11 OF THE FEDERAL RULES OF CIVIL PROCEDURE IMPOSING SANC-
TIONS IN AN ACTION COMMENCED BY A PERSON WHILE AN INMATE AGAINST A STATE
AGENCY, OFFICER OR EMPLOYEE.
2. EVERY ELIGIBLE OFFENDER UNDER THE CUSTODY OF THE DEPARTMENT OR
CONFINED IN A FACILITY IN THE DEPARTMENT OF MENTAL HYGIENE MAY EARN A
LIMITED CREDIT TIME ALLOWANCE IF SUCH OFFENDER SUCCESSFULLY PARTICIPATES
IN THE WORK AND TREATMENT PROGRAM ASSIGNED PURSUANT TO SECTION EIGHT
HUNDRED FIVE OF THIS ARTICLE AND:
(A) SUCCESSFULLY COMPLETES ONE OR MORE SIGNIFICANT PROGRAMMATIC ACCOM-
PLISHMENTS; AND
(B) HAS NOT COMMITTED A SERIOUS DISCIPLINARY INFRACTION OR MAINTAINED
AN OVERALL NEGATIVE INSTITUTIONAL RECORD AS DEFINED IN RULES AND REGU-
LATIONS PROMULGATED BY THE COMMISSIONER; AND
(C) HAS NOT RECEIVED A DISQUALIFYING JUDICIAL DETERMINATION.
3. NO PERSON SHALL HAVE THE RIGHT TO DEMAND OR REQUIRE THE CREDIT
AUTHORIZED BY THIS SECTION. THE COMMISSIONER MAY REVOKE AT ANY TIME SUCH
CREDIT FOR ANY DISCIPLINARY INFRACTION COMMITTED BY THE INMATE OR FOR
S. 56--A 34 A. 156--A
ANY FAILURE TO CONTINUE TO PARTICIPATE SUCCESSFULLY IN ANY ASSIGNED WORK
AND TREATMENT PROGRAM AFTER THE CERTIFICATE OF EARNED ELIGIBILITY HAS
BEEN AWARDED. ANY ACTION BY THE COMMISSIONER PURSUANT TO THIS SECTION
SHALL BE DEEMED A JUDICIAL FUNCTION AND SHALL NOT BE REVIEWABLE IF DONE
IN ACCORDANCE WITH LAW.
S 5. This act shall take effect immediately.
PART M
Section 1. Subparagraph (ii) of paragraph (a) of subdivision 3 of
section 259-i of the executive law is REPEALED and subparagraphs (iii)
and (iv) are renumbered subparagraphs (ii) and (iii).
S 2. Section 601-c of the correction law is REPEALED and a new section
601-c is added to read as follows:
S 601-C. FELONY PRISONERS; REIMBURSEMENT FOR COSTS. NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, IN ANY CASE WHERE A PERSON HAS BEEN
CONVICTED OF A FELONY AND A SENTENCE HAS BEEN PRONOUNCED WHICH REQUIRES
THAT HE OR SHE BE COMMITTED TO THE CUSTODY OF THE COMMISSIONER, IF SUCH
PERSON HAS NOT BEEN ACCEPTED FOR CUSTODY BY THE COMMISSIONER WITHIN TEN
BUSINESS DAYS OF RECEIPT OF A WRITTEN NOTIFICATION BY THE DEPARTMENT
FROM THE APPROPRIATE LOCAL OFFICIAL THAT HE OR SHE IS PREPARED TO TRANS-
PORT SUCH PERSON TO THE FACILITY DESIGNATED BY THE DEPARTMENT, PROVIDED
THAT THERE HAS BEEN COMPLIANCE WITH SUBDIVISION (A) OF SECTION SIX
HUNDRED ONE OF THIS ARTICLE, AND PROVIDED FURTHER THAT SUCH PERSON IS
NOT IN NEED OF IMMEDIATE MEDICAL CARE REQUIRING THE AVAILABILITY OF A
HOSPITAL OR INFIRMARY BED, THEN THE EXPENSE OF MAINTAINING SUCH PERSON
SHALL BE PAID BY THE STATE AT THE RATE OF ONE HUNDRED DOLLARS PER DAY
PER CAPITA, OR THE ACTUAL PER DAY PER CAPITA COST AS CERTIFIED BY THE
APPROPRIATE LOCAL OFFICIAL, WHICHEVER IS LESS, BEGINNING WITH THE FIRST
DAY OF RECEIPT OF WRITTEN NOTIFICATION BY THE DEPARTMENT.
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART N
Section 1. Section 259-a of the executive law is amended by adding a
new subdivision 4-a to read as follows:
4-A. TO FACILITATE THE SUPERVISION OF ALL INMATES RELEASED ON PAROLE
OR CONDITIONAL RELEASE, OR TO POST-RELEASE SUPERVISION, THE CHAIRMAN OF
THE STATE BOARD OF PAROLE SHALL CONSIDER THE IMPLEMENTATION OF A PROGRAM
OF GRADUATED SANCTIONS, INCLUDING BUT NOT LIMITED TO THE UTILIZATION OF
A RISK AND NEEDS ASSESSMENT INSTRUMENT THAT WOULD BE ADMINISTERED TO ALL
INMATES ELIGIBLE FOR PAROLE SUPERVISION. SUCH A PROGRAM WOULD INCLUDE
VARIOUS COMPONENTS INCLUDING APPROACHES THAT CONCENTRATE SUPERVISION ON
NEW RELEASES, ALTERNATIVES TO INCARCERATION FOR TECHNICAL PAROLE VIOLA-
TORS AND THE USE OF ENHANCED TECHNOLOGIES.
S 2. Subdivision 4 of section 259-c of the executive law, as added by
chapter 904 of the laws of 1977, is amended to read as follows:
4. establish written guidelines for its use in making parole decisions
as required by law, including the fixing of minimum periods of imprison-
ment or ranges thereof for different categories of offenders. SUCH WRIT-
TEN GUIDELINES MAY CONSIDER THE USE OF A RISK AND NEEDS ASSESSMENT
INSTRUMENT TO ASSIST MEMBERS OF THE STATE BOARD OF PAROLE IN DETERMINING
WHICH INMATES MAY BE RELEASED TO PAROLE SUPERVISION;
S 3. Subdivision 16 of section 296 of the executive law, as amended by
chapter 639 of the laws of 2007, is amended to read as follows:
S. 56--A 35 A. 156--A
16. It shall be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation or otherwise, or to act upon adversely to the individual
involved, any arrest or criminal accusation of such individual not then
pending against that individual which was followed by a termination of
that criminal action or proceeding in favor of such individual, as
defined in subdivision two of section 160.50 of the criminal procedure
law, or by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law, or by a conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law in connection with the licensing, employment or providing of
credit or insurance to such individual; provided, [however, that the]
FURTHER, NO PERSON SHALL BE REQUIRED TO DIVULGE INFORMATION PERTAINING
TO ANY ARREST OR CRIMINAL ACCUSATION OF SUCH INDIVIDUAL NOT THEN PENDING
AGAINST THAT INDIVIDUAL WHICH WAS FOLLOWED BY A TERMINATION OF THAT
CRIMINAL ACTION OR PROCEEDING IN FAVOR OF SUCH INDIVIDUAL, AS DEFINED IN
SUBDIVISION TWO OF SECTION 160.50 OF THE CRIMINAL PROCEDURE LAW, OR BY A
YOUTHFUL OFFENDER ADJUDICATION, AS DEFINED IN SUBDIVISION ONE OF SECTION
720.35 OF THE CRIMINAL PROCEDURE LAW, OR BY A CONVICTION FOR A VIOLATION
SEALED PURSUANT TO SECTION 160.55 OF THE CRIMINAL PROCEDURE LAW. THE
provisions [hereof] OF THIS SUBDIVISION shall not apply to the licensing
activities of governmental bodies in relation to the regulation of guns,
firearms and other deadly weapons or in relation to an application for
employment as a police officer or peace officer as those terms are
defined in subdivisions thirty-three and thirty-four of section 1.20 of
the criminal procedure law; provided further that the provisions of this
subdivision shall not apply to an application for employment or member-
ship in any law enforcement agency with respect to any arrest or crimi-
nal accusation which was followed by a youthful offender adjudication,
as defined in subdivision one of section 720.35 of the criminal proce-
dure law, or by a conviction for a violation sealed pursuant to section
160.55 of the criminal procedure law.
S 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART O
Section 1. Subdivision 6 of section 390.30 of the criminal procedure
law, as amended by chapter 216 of the laws of 1999, is amended to read
as follows:
6. Interim probation supervision. (A) In any case where the court
determines that a defendant is eligible for a sentence of probation, the
court, after consultation with the prosecutor and upon the consent of
the defendant, may adjourn the sentencing to a specified date and order
that the defendant be placed on interim probation supervision. In no
event may the sentencing be adjourned for a period exceeding one year
from the date the conviction is entered. When ordering that the defend-
ant be placed on interim probation supervision, the court shall impose
all of the conditions relating to supervision specified in subdivision
three of section 65.10 of the penal law and THE COURT may impose any or
all of the conditions relating to conduct and rehabilitation specified
in subdivisions two, four [and], five AND FIVE-A of section 65.10 of
such law[; provided, however, that the]. THE defendant must receive a
written copy of any such conditions at the time he or she is placed on
S. 56--A 36 A. 156--A
interim probation supervision. The defendant's record of compliance with
such conditions, as well as any other relevant information, shall be
included in the presentence report, or updated presentence report,
prepared pursuant to this section, and the court must consider such
record and information when pronouncing sentence. IF A DEFENDANT SATIS-
FACTORILY COMPLETES A TERM OF INTERIM PROBATION SUPERVISION, HE OR SHE
SHALL RECEIVE CREDIT FOR THE TIME SERVED UNDER THE PERIOD OF INTERIM
PROBATION SUPERVISION TOWARD ANY PROBATION SENTENCE THAT IS SUBSEQUENTLY
IMPOSED IN THAT CASE.
(B) IN ITS DISCRETION, THE SUPERVISING PROBATION DEPARTMENT MAY
UTILIZE THE PROVISIONS OF SECTIONS 410.20, 410.30, 410.40, 410.50,
410.60 AND 410.92 OF THIS TITLE, WHERE APPLICABLE.
S 2. The executive law is amended by adding a new section 257-b to
read as follows:
S 257-B. PROBATION REGISTRATION FEE. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, EVERY INDIVIDUAL SENTENCED TO PROBATION OR RELEASED
UNDER INTERIM PROBATION SUPERVISION SHALL BE SUBJECT TO A NON-REFUNDABLE
PROBATION REGISTRATION FEE OF TWENTY-FIVE DOLLARS, PAYABLE TO THE SUPER-
VISING PROBATION DEPARTMENT RESPONSIBLE FOR REGISTERING THE INDIVIDUAL
ON THE STATEWIDE INTEGRATED PROBATION REGISTRANT SYSTEM.
2. MONIES COLLECTED PURSUANT TO THIS SECTION SHALL SUPPORT THE LOCAL
PROBATION DEPARTMENT FOR ITS PROBATION SERVICES.
3. THE PROBATION REGISTRATION FEE MANDATED BY THIS SECTION SHALL NOT
CONSTITUTE NOR BE IMPOSED AS A CONDITION OF PROBATION. FAILURE TO PAY
SUCH FEE MAY RESULT IN LEGAL ACTION AGAINST THE INDIVIDUAL UNDER
PROBATION SUPERVISION, REGARDLESS OF WHETHER PROBATION SUPERVISION HAS
BEEN TERMINATED OR OTHERWISE EXPIRED. IN THE EVENT OF NON-PAYMENT OF ANY
FEE, THE COUNTY OR THE CITY OF NEW YORK MAY ENFORCE PAYMENT IN ANY
MANNER PERMITTED BY LAW FOR ENFORCEMENT OF A DEBT.
S 3. Subdivision 2 of section 410.50 of the criminal procedure law is
amended to read as follows:
2. Supervision. The probation department serving the court that
imposed a sentence of probation has the duty of supervising the defend-
ant during the period of such legal custody. SUCH DEPARTMENT ALSO HAS A
DUTY TO COLLECT A PROBATION REGISTRATION FEE, AS SET FORTH IN SECTION
TWO HUNDRED FIFTY-SEVEN-B OF THE EXECUTIVE LAW, WHICH FEE SHALL NOT
CONSTITUTE NOR BE IMPOSED AS A CONDITION OF PROBATION.
S 4. This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the sixtieth day after it
shall become a law, provided, however, that a defendant serving a
sentence of probation supervision on the effective date of this act,
may, at the discretion of the court having legal custody of the defend-
ant, have his or her probation sentence credited with any period of
interim probation supervision that he or she satisfactorily completed
prior to the imposition of that probation sentence; provided, further,
that sections two and three of this act shall be deemed to have been in
full force and effect on and after March 1, 2009 and shall apply to all
individuals who are sentenced to probation, released under interim
probation supervision or accepted for probation supervision in New York
state under the interstate compact for adult offender supervision pursu-
ant to section 259-mm of the executive law.
PART P
Section 1. Section 576 of the executive law is REPEALED.
S. 56--A 37 A. 156--A
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2009.
PART Q
Section 1. Subdivision 3 of section 45 of the correction law, as added
by chapter 865 of the laws of 1975, is amended to read as follows:
3. Visit, inspect and appraise the management of correctional facili-
ties with specific attention to matters such as safety, security, health
of inmates, sanitary conditions, rehabilitative programs, disturbance
and fire prevention and control preparedness, and adherence to laws and
regulations governing the rights of inmates; PROVIDED, HOWEVER, THAT THE
COMMISSION NEED NOT VISIT, INSPECT AND APPRAISE THE MANAGEMENT OF A
CORRECTIONAL FACILITY OPERATED BY THE STATE DEPARTMENT OF CORRECTIONAL
SERVICES OR A LOCAL CORRECTIONAL FACILITY WHEN THAT FACILITY IS ACCRED-
ITED BY THE AMERICAN CORRECTIONAL ASSOCIATION UNLESS THE COMMISSION HAS
REASON TO BELIEVE THE FACILITY IS NOT MEETING ACCREDITATION STANDARDS OR
OTHERWISE DETERMINES SUCH VISITATION, INSPECTION OR APPRAISAL IS NECES-
SARY OR APPROPRIATE TO MAINTAIN THE HEALTH, SAFETY OR SECURITY OF
INMATES AND EMPLOYEES OF THE FACILITY OR THE GENERAL PUBLIC. NOTHING IN
THIS SUBDIVISION SHALL LIMIT THE COMMISSION'S DISCRETION TO VISIT,
INSPECT AND APPRAISE ANY SUCH FACILITY AT ANY TIME.
S 2. Subdivisions 9 and 9-a of section 45 of the correction law are
REPEALED.
S 3. Subdivision 11 of section 45 of the correction law is REPEALED.
S 4. Section 837-a of the executive law is amended by adding a new
subdivision 9 to read as follows:
9. IN CONSULTATION WITH THE STATE COMMISSION OF CORRECTION AND THE
MUNICIPAL POLICE TRAINING COUNCIL, ESTABLISH AND MAINTAIN BASIC AND
OTHER CORRECTIONAL TRAINING PROGRAMS FOR SUCH PERSONNEL EMPLOYED BY
CORRECTIONAL FACILITIES AS THE COMMISSIONER SHALL DEEM NECESSARY. SUCH
BASIC CORRECTIONAL TRAINING PROGRAM SHALL BE SATISFACTORILY COMPLETED BY
SUCH PERSONNEL PRIOR TO THEIR UNDERTAKING THEIR DUTIES OR WITHIN ONE
YEAR FOLLOWING THE DATE OF THEIR APPOINTMENT OR AT SUCH TIMES AS THE
COMMISSIONER MAY PRESCRIBE. PROVIDED, HOWEVER, THE COMMISSIONER MAY,
AFTER CONSULTATION WITH THE STATE COMMISSION OF CORRECTION, EXEMPT FROM
SUCH REQUIREMENT PERSONNEL EMPLOYED BY ANY CORRECTIONAL FACILITY WHICH,
IN THE OPINION OF THE COMMISSIONER, MAINTAINS A BASIC CORRECTIONAL
TRAINING PROGRAM OF A STANDARD EQUAL TO OR HIGHER THAN THAT ESTABLISHED
AND MAINTAINED BY THE DIVISION; OR REVOKE IN WHOLE OR IN PART SUCH
EXEMPTION, IF IN HIS OR HER OPINION THE STANDARDS OF THE BASIC CORREC-
TIONAL TRAINING PROGRAM MAINTAINED BY SUCH FACILITY ARE LOWER THAN THOSE
ESTABLISHED PURSUANT TO THIS ARTICLE.
S 5. Subdivision 3 of section 840 of the executive law, as amended by
chapter 155 of the laws of 2008, is amended and a new subdivision 2-a is
added to read as follows:
2-A. THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS WITH RESPECT
TO:
(A) THE APPROVAL, OR REVOCATION THEREOF, OF BASIC AND OTHER CORREC-
TIONAL TRAINING PROGRAMS ADMINISTERED BY MUNICIPALITIES;
(B) MINIMUM COURSES OF STUDY, ATTENDANCE REQUIREMENTS, AND EQUIPMENT
AND FACILITIES TO BE REQUIRED AT APPROVED BASIC AND OTHER CORRECTIONAL
TRAINING PROGRAMS;
(C) MINIMUM QUALIFICATIONS FOR INSTRUCTORS AT APPROVED BASIC AND OTHER
CORRECTIONAL TRAINING PROGRAMS; AND
S. 56--A 38 A. 156--A
(D) THE REQUIREMENTS OF A MINIMUM BASIC CORRECTIONAL TRAINING PROGRAM
REQUIRED BY SUBDIVISION NINE OF SECTION EIGHT HUNDRED THIRTY-SEVEN-A OF
THIS ARTICLE.
3. The council shall, in addition: (a) Consult with, advise and make
recommendations to the commissioner with respect to the exercise of his
OR HER functions, powers and duties as set forth in section eight
hundred forty-one of this article;
(b) Recommend studies, surveys and reports to be made by the commis-
sioner regarding the carrying out of the objectives and purposes of this
section;
(c) Visit and inspect any police training school approved by the
commissioner or for which application for such approval has been made;
(d) Make recommendations, from time to time, to the commissioner, the
governor and the legislature, regarding the carrying out of the purposes
of this section;
(e) Perform such other acts as may be necessary or appropriate to
carry out the functions of the council;
(f) Develop, maintain and disseminate, in consultation with the state
office for the prevention of domestic violence, written policies and
procedures consistent with article eight of the family court act and
applicable provisions of the criminal procedure and domestic relations
laws, regarding the investigation of and intervention by new and veteran
police officers in incidents of family offenses. Such policies and
procedures shall make provisions for education and training in the
interpretation and enforcement of New York's family offense laws,
including but not limited to:
(1) intake and recording of victim statements, on a standardized
"domestic violence incident report form" promulgated by the division of
criminal justice services in consultation with the superintendent of
state police, representatives of local police forces and the state
office for the prevention of domestic violence, and the investigation
thereof so as to ascertain whether a crime has been committed against
the victim by a member of the victim's family or household as such terms
are defined in section eight hundred twelve of the family court act and
section 530.11 of the criminal procedure law; and
(2) the need for immediate intervention in family offenses including
the arrest and detention of alleged offenders, pursuant to subdivision
four of section 140.10 of the criminal procedure law, and notifying
victims of their rights, including but not limited to immediately
providing the victim with the written notice required in subdivision six
of section 530.11 of the criminal procedure law and subdivision five of
section eight hundred twelve of the family court act; [and]
(g) Develop, maintain and disseminate, in consultation with the state
division of human rights and the state civil service department, written
policies and procedures to enhance police officer recruitment efforts
and to increase police awareness of racial, ethnic, religious and gender
differences, and other diversity issues, in communities served by such
police[.]; AND
(H) CONSULT WITH THE STATE COMMISSION OF CORRECTION REGARDING CORREC-
TIONAL TRAINING PROGRAMS.
S 6. Section 841 of the executive law, as amended by chapter 843 of
the laws of 1980, subdivision 3 as amended by chapter 551 of the laws of
2001, subdivision 9 as added by chapter 847 of the laws of 1986, is
amended to read as follows:
S 841. Functions, powers and duties of the commissioner with respect
to the council. In addition to the functions, powers and duties other-
S. 56--A 39 A. 156--A
wise provided by this article, the commissioner shall, with the general
advice of the council, and, in the case of subdivisions one, two and
three OF THIS SECTION, only in accordance with rules and regulations
promulgated by the governor pursuant to section eight hundred forty-two:
1. Approve police training schools administered by municipalities and
issue certificates of approval to such schools, and revoke such approval
or certificate;
1-A. APPROVE CORRECTIONAL TRAINING PROGRAMS ADMINISTERED BY MUNICI-
PALITIES AND ISSUE CERTIFICATES OF APPROVAL TO SUCH PROGRAMS, AND REVOKE
SUCH APPROVAL OR CERTIFICATE;
2. Certify, as qualified, instructors at approved police training
schools and issue appropriate certificates to such instructors;
2-A. CERTIFY, AS QUALIFIED, INSTRUCTORS AT APPROVED CORRECTIONAL
TRAINING PROGRAMS AND ISSUE APPROPRIATE CERTIFICATES TO SUCH INSTRUC-
TORS;
3. Certify police officers and peace officers who have satisfactorily
completed basic training programs and issue certificates to such police
officers and peace officers, including the issuance of equivalency
certificates for basic training certificates issued to peace officers,
where such officers received a certificate for successful completion of
a basic training for police officers program or an approved course for
state university of New York public safety officers during a period in
which such peace officer was not employed as a police officer, upon
demonstration of adequate equivalent training, the completion of super-
vised field training, requisite job-related law enforcement experience
as determined by the commissioner, and if deemed necessary, the success-
ful completion of relevant police officer training courses pursuant to
section two hundred nine-q of the general municipal law;
3-A. CERTIFY CORRECTION OFFICERS WHO HAVE SATISFACTORILY COMPLETED
BASIC CORRECTIONAL TRAINING PROGRAMS AND ISSUE CERTIFICATES TO SUCH
CORRECTION OFFICERS;
4. Cause studies and surveys to be made relating to the establishment,
operation and approval of municipal police training schools AND CORREC-
TIONAL TRAINING PROGRAMS;
5. Consult with and cooperate with municipal police training schools
for the development of advanced in-service training programs for police
officers [and], peace officers, AND CORRECTION OFFICERS and issue appro-
priate certificates to police officers [and], peace officers, AND
CORRECTION OFFICERS, attesting to their satisfactory completion of such
advanced training programs;
6. Consult with and cooperate with universities, colleges and insti-
tutes in the state for the development of specialized courses of study
for police officers [and], peace officers, AND CORRECTION OFFICERS in
police science [and], police administration, AND CRIMINAL JUSTICE;
7. Consult with and cooperate with other departments and agencies of
the state concerned with police officer and peace officer training;
7-A. CONSULT WITH AND COOPERATE WITH THE STATE COMMISSION OF
CORRECTION AND OTHER DEPARTMENTS AND AGENCIES OF THE STATE CONCERNED
WITH CORRECTION OFFICER TRAINING;
8. Report to the council at each regular meeting of the council and at
such other times as may be appropriate[.]; AND
9. Prepare, update and distribute to appropriate law enforcement offi-
cials the form and content of the written notice required to be given to
victims of family offenses pursuant to subdivision five of section eight
hundred twelve of the family court act and subdivision six of section
530.11 of the criminal procedure law.
S. 56--A 40 A. 156--A
S 7. Subdivisions 6 and 10 of section 45 of the correction law, as
added by chapter 865 of the laws of 1975, are amended to read as
follows:
6. Promulgate rules and regulations establishing minimum standards for
THE REVIEW OF THE CONSTRUCTION OR IMPROVEMENT OF CORRECTIONAL FACILITIES
AND the care, custody, correction, treatment, supervision, discipline,
and other correctional programs for all persons confined in correctional
facilities. Such rules and regulations shall be forwarded to the gover-
nor, the temporary president of the senate and the speaker of the assem-
bly no later than January first, nineteen hundred seventy-six and annu-
ally thereafter.
10. Approve or reject plans and specifications for the construction or
improvement of correctional facilities THAT DIRECTLY AFFECT THE HEALTH
OF INMATES AND STAFF, SAFETY, OR SECURITY.
S 8. Subdivisions 1 and 2 of section 182.20 of the criminal procedure
law, subdivision 1 as amended by chapter 317 of the laws of 2008, subdi-
vision 2 as added by chapter 689 of the laws of 1993, are amended to
read as follows:
1. Notwithstanding any other provision of law and except as provided
in section 182.30 of this article, the court, in its discretion, may
dispense with the personal appearance of the defendant, except an
appearance at a hearing or trial, and conduct an electronic appearance
in connection with a criminal action [pending in Albany, Bronx, Broome,
Erie, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Orange,
Queens, Richmond, St. Lawrence, Tompkins, Chautauqua, Cattaraugus, Clin-
ton, Essex, Montgomery, Rensselaer, Warren, Westchester, Suffolk,
Herkimer or Franklin county], provided that the chief administrator of
the courts has authorized the use of electronic appearance [and the
defendant, after consultation with counsel, consents on the record. Such
consent shall be required at the commencement of each electronic appear-
ance to such electronic appearance].
2. If, for any reason, the court determines on its own motion or on
the motion of any party that the conduct of an electronic appearance may
impair the legal rights of the defendant, it shall not permit the elec-
tronic appearance to proceed. If[, for any other articulated reason,
either party requests at any time during the electronic appearance that
such appearance be terminated] THE COURT COMMENCES AND THEN TERMINATES
AN ELECTRONIC APPEARANCE, the court shall [grant such request and]
adjourn the proceeding to a date certain. Upon the adjourned date the
proceeding shall be recommenced from the point at which [the request for
termination of] the electronic appearance [had been granted] WAS TERMI-
NATED.
S 9. Subdivision 2 of section 504 of the correction law, as amended by
chapter 506 of the laws of 1982, is amended to read as follows:
2. Where the jail in a county becomes unfit or unsafe for the confine-
ment of some or all of the inmates due to an inmate disturbance [or a
natural disaster including but not limited to flood, earthquake, hurri-
cane, landslide or fire,] or other extraordinary circumstances, INCLUD-
ING BUT NOT LIMITED TO A NATURAL DISASTER, UNANTICIPATED DEFICIENCIES IN
THE STRUCTURAL INTEGRITY OF A FACILITY OR THE INABILITY TO PROVIDE ONE
OR MORE INMATES WITH ESSENTIAL SERVICES SUCH AS MEDICAL CARE, upon the
request of the municipal official as defined in subdivision four of
section forty of this chapter and no other suitable place within the
county nor the jail of any other county is immediately available to
house some or all of the inmates, the commissioner of correctional
services [is hereby authorized and empowered to] MAY, IN HIS OR HER SOLE
S. 56--A 41 A. 156--A
DISCRETION, make available, upon such terms and conditions as he may
deem appropriate, all or any part of a state correctional institution
for the confinement of some or all of such inmates as an adjunct to the
county jail for a period not to exceed thirty days. However, if the
county jail remains unfit or unsafe for the confinement of some or all
of such inmates beyond thirty days, the state commission of correction,
with the consent of the commissioner of correctional services, may
extend the availability of a state correctional institution for one or
more additional thirty day periods. The state commission of correction
shall promulgate rules and regulations governing the temporary transfer
of inmates to state correctional institutions from county jails includ-
ing but not limited to provisions for confinement of such inmates in the
nearest correctional facility, to the maximum extent practicable, taking
into account necessary security. The COMMISSIONER OF CORRECTIONAL
SERVICES MAY, IN HIS OR HER SOLE DISCRETION, BASED ON STANDARDS PROMUL-
GATED BY THE DEPARTMENT, DETERMINE WHETHER A county shall reimburse the
state for ANY OR ALL OF the actual costs of confinement as approved by
the director of the division of the budget. On or before the expiration
of each thirty day period, the state commission of correction must make
an appropriate designation pursuant to subdivision one if the county
jail remains unfit or unsafe for the confinement of some or all of the
inmates and consent to the continued availability of a state correction-
al institution as required for herein. The superintendence, management
and control of a state correctional institution or part thereof made
available pursuant hereto and the inmates housed therein shall be as
directed by the commissioner of correctional services.
S 10. This act shall take effect immediately; provided, however, that
sections two, four, five and six of this act shall take effect on the
one hundred eightieth day after they shall have become a law; and
provided further that the amendments to section 182.20 of the criminal
procedure law made by section eight of this act shall not affect the
expiration of such section and shall expire and be deemed repealed ther-
ewith.
PART R
Section 1. Paragraph (b) of subdivision 2 of section 29-c of the exec-
utive law, as amended by chapter 169 of the laws of 1994, is amended to
read as follows:
(b) The amount of such fee shall be [determined annually by the
commission taking into account the costs of such responsibilities not
otherwise provided for and unexpended amounts of previous fees paid by
any such licensee. In no event shall an annual fee for any facility
exceed five hundred fifty thousand] ONE MILLION dollars. Such fee, which
shall be payable to the commission on or before [April] DECEMBER first,
shall be expended or distributed only by appropriation.
S 2. Subdivision 4 of section 29-c of the executive law is REPEALED.
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2009, provided,
however, this act shall not affect obligations or amounts with respect
to fees payable on or before April 1, 2009.
PART S
Section 1. Section 401 of the vehicle and traffic law is amended by
adding a new subdivision 5-b to read as follows:
S. 56--A 42 A. 156--A
5-B. DENIAL OF REGISTRATION OR RENEWAL FOR CERTAIN VIOLATIONS. IF AT
THE TIME OF APPLICATION FOR A REGISTRATION OR RENEWAL THEREOF THERE IS A
NOTIFICATION FROM OR ON BEHALF OF THE DIVISION OF CRIMINAL JUSTICE
SERVICES, OR ANY AGENCY, DIVISION OR AUTHORITY SO DESIGNATED BY SUCH
DIVISION, THAT THE REGISTRANT OR HIS REPRESENTATIVE HAS FAILED TO ANSWER
OR HAS FAILED TO PAY ANY PENALTY IMPOSED BY SUCH DIVISION, AGENCY OR
AUTHORITY FOLLOWING THE ENTRY OF A FINAL DECISION OF LIABILITY IN
RESPONSE TO A TOTAL OF THREE OR MORE NOTICES OF LIABILITY CHARGING THE
REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-
ONE-A OF THIS CHAPTER FOR A VIOLATION OF PARAGRAPH TWO OF SUBDIVISION
(D) OR SUBDIVISION (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER,
THE COMMISSIONER, OR HIS AGENT, SHALL DENY THE REGISTRATION OR RENEWAL
APPLICATION UNTIL THE APPLICANT PROVIDES PROOF FROM THE DIVISION THAT IN
EACH SUCH INSTANCE, THE REGISTRANT HAS APPEARED IN RESPONSE TO SUCH
NOTICE OF LIABILITY OR HAS PAID SUCH PENALTY. WHERE AN APPLICATION IS
DENIED PURSUANT TO THIS SECTION, THE COMMISSIONER MAY, IN HIS OR HER
DISCRETION, DENY A REGISTRATION OR RENEWAL APPLICATION TO ANY OTHER
PERSON FOR THE SAME VEHICLE AND MAY DENY A REGISTRATION OR RENEWAL
APPLICATION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE
APPLICANT WHERE THE COMMISSIONER HAS DETERMINED THAT SUCH REGISTRANT'S
INTENT HAS BEEN TO EVADE THE PURPOSES OF THIS SUBDIVISION AND WHERE THE
COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION OR
RENEWAL WILL HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS SUBDIVI-
SION. SUCH DENIAL SHALL ONLY REMAIN IN EFFECT AS LONG AS THE NOTICES OF
LIABILITY REMAIN UNANSWERED OR THE PENALTIES UNPAID. TERMS DEFINED IN
SECTION ELEVEN HUNDRED EIGHTY-ONE-A OF THIS CHAPTER SHALL BE DEFINED IN
THE SAME WAY FOR PURPOSES OF THIS SECTION.
S 2. Section 510 of the vehicle and traffic law is amended by adding a
new subdivision 4-f to read as follows:
4-F. SUSPENSION OF REGISTRATION FOR FAILURE TO ANSWER OR PAY PENALTIES
WITH RESPECT TO CERTAIN VIOLATIONS. UPON THE RECEIPT OF A NOTIFICATION
BY OR ON BEHALF OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, OR ANY
AGENCY, DIVISION OR AUTHORITY SO DESIGNATED BY SUCH DIVISION, THAT AN
OWNER OF A MOTOR VEHICLE HAS FAILED TO ANSWER WITHIN THE REQUIRED TIME
OR HAS FAILED TO PAY ANY PENALTY IMPOSED FOLLOWING THE ENTRY OF A FINAL
DECISION OF LIABILITY BY SUCH DIVISION, AGENCY OR AUTHORITY IN RESPONSE
TO A TOTAL OF SIX OR MORE NOTICES OF LIABILITY CHARGING SUCH OWNER WITH
A VIOLATION OF PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH THE
PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-ONE-A OF THIS CHAPTER, THE
COMMISSIONER, OR HIS OR HER AGENT, SHALL SUSPEND THE REGISTRATION OF THE
VEHICLE OR VEHICLES INVOLVED IN THE VIOLATIONS OR THE PRIVILEGE OF OPER-
ATION OF ANY MOTOR VEHICLE OWNED BY THE REGISTRANT. SUCH SUSPENSION
SHALL TAKE EFFECT NO LESS THAN THIRTY DAYS FROM THE DATE ON WHICH NOTICE
THEREOF IS SENT BY THE COMMISSIONER TO THE PERSON WHOSE REGISTRATION OR
PRIVILEGE IS SUSPENDED, AND SHALL REMAIN IN EFFECT UNTIL SUCH REGISTRANT
HAS APPEARED IN RESPONSE TO SUCH NOTICE OF LIABILITY OR HAS PAID SUCH
PENALTY IN EACH SUCH INSTANCE. TERMS DEFINED IN SECTION ELEVEN HUNDRED
EIGHTY-ONE-A OF THIS CHAPTER SHALL BE DEFINED IN THE SAME WAY FOR
PURPOSES OF THIS SECTION.
S 3. The vehicle and traffic law is amended by adding a new section
1181-a to read as follows:
S 1181-A. OWNER LIABILITY FOR OPERATION IN EXCESS OF CERTAIN POSTED
SPEED LIMITS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND IN
ACCORDANCE WITH THIS SECTION, RULES AND REGULATIONS MAY BE PROMULGATED
BY THE DIVISION OF STATE POLICE, THE DIVISION OF CRIMINAL JUSTICE
S. 56--A 43 A. 156--A
SERVICES, AND ANY AGENCY, DIVISION OR AUTHORITY SO DESIGNATED BY THE
DIVISION OF STATE POLICE, TO ESTABLISH A PHOTO-MONITORING PROGRAM AND TO
IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE THAT IS OPERATED IN
EXCESS OF A MAXIMUM SPEED LIMIT IN VIOLATION OF PARAGRAPH TWO OF SUBDI-
VISION (D) OR SUBDIVISION (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
ARTICLE FOR FAILING TO OBEY POSTED SPEED LIMITS IN WORK ZONES AND DESIG-
NATED STRETCHES OF HIGHWAY. THE SUPERINTENDENT OF STATE POLICE SHALL
DETERMINE THE LOCATIONS IN WHICH THE PHOTO-MONITORING PROGRAM SHALL BE
ESTABLISHED IN CONSULTATION WITH THE COMMISSIONER OF THE DEPARTMENT OF
TRANSPORTATION. NO MORE THAN SIXTY OPERATING PHOTO-MONITORING SYSTEMS
SHALL BE IN PLACE AT ANY GIVEN TIME. SIGNS ALERTING MOTORISTS TO THE
PRESENCE OF PHOTO-MONITORING DEVICES SHALL BE PLACED APPROXIMATELY THREE
HUNDRED YARDS IN ADVANCE OF THE LOCATION OF SUCH DEVICE.
2. THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A CIVIL PENALTY IMPOSED
PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED BY THE
OWNER OR WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS
OR IMPLIED, AND OPERATED IN EXCESS OF A MAXIMUM SPEED LIMIT IN VIOLATION
OF PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS ARTICLE AND SUCH VIOLATION IS EVIDENCED BY INFOR-
MATION OBTAINED FROM A PHOTO-MONITORING SYSTEM, PROVIDED, HOWEVER, THAT
NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO
THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN CHARGED WITH A
VIOLATION OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE FOR THE SAME
INCIDENT.
3. FOR PURPOSES OF THIS SECTION, THE TERM "OWNER" SHALL MEAN ANY
PERSON, CORPORATION, PARTNERSHIP, FIRM, AGENCY, ASSOCIATION, LESSOR OR
ORGANIZATION WHO, AT THE TIME OF THE VIOLATION AND WITH RESPECT TO THE
VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY: (A) IS THE BENEFICIAL OR
EQUITABLE OWNER OF SUCH VEHICLE; OR (B) HAS TITLE TO SUCH VEHICLE; OR
(C) IS THE REGISTRANT OR CO-REGISTRANT OF SUCH VEHICLE WHICH IS REGIS-
TERED WITH THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE OR ANY OTHER
STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER JURISDICTION; OR
(D) SUBJECT TO THE LIMITATIONS SET FORTH IN SUBDIVISION TEN OF THIS
SECTION, USES SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSI-
NESS; AND INCLUDES (E) A PERSON ENTITLED TO THE USE AND POSSESSION OF A
VEHICLE SUBJECT TO A SECURITY INTEREST IN ANOTHER PERSON. FOR PURPOSES
OF THIS SECTION, THE TERM "PHOTO-MONITORING SYSTEM" SHALL MEAN A VEHICLE
SPEED SENSOR THAT AUTOMATICALLY PRODUCES ONE OR MORE PHOTOGRAPHS, ONE OR
MORE MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF VEHICLES
TRAVELING AT THE LOCATION OF SUCH DEVICE. FOR PURPOSES OF THIS SECTION,
THE TERM "VEHICLE" SHALL MEAN EVERY DEVICE IN, UPON OR BY WHICH A PERSON
OR PROPERTY IS OR MAY BE TRANSPORTED OR DRAWN UPON A HIGHWAY.
4. A CERTIFICATE, SWORN TO OR AFFIRMED BY AN AGENT OF THE DIVISION,
AGENCY OR AUTHORITY WHICH CHARGED THAT THE VIOLATION OCCURRED, OR A
FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A PHOTO-MONITOR-
ING SYSTEM SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN
AND SHALL BE ADMISSIBLE INTO EVIDENCE IN ANY REVIEW OF THE LIABILITY FOR
SUCH VIOLATION.
5. AN OWNER FOUND LIABLE FOR A VIOLATION OF PARAGRAPH TWO OF SUBDIVI-
SION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO
THIS SECTION SHALL BE LIABLE FOR A MONETARY PENALTY OF FIFTY DOLLARS.
AN OWNER FOUND LIABLE FOR A VIOLATION OF SUBDIVISION (F) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION SHALL BE
LIABLE FOR A MONETARY PENALTY OF ONE HUNDRED DOLLARS.
S. 56--A 44 A. 156--A
6. AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL BE BASED
UPON A PREPONDERANCE OF EVIDENCE AS SUBMITTED. AN IMPOSITION OF LIABIL-
ITY PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN
OPERATOR AND SHALL NOT BE MADE PART OF THE MOTOR VEHICLE OPERATING
RECORD, FURNISHED PURSUANT TO SECTION THREE HUNDRED FIFTY-FOUR OF THIS
CHAPTER, OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT
BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSUR-
ANCE COVERAGE.
7. (A) A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE, PURSUANT TO THIS SECTION, AS AN OWNER FOR A
VIOLATION OF PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. SUCH NOTICE SHALL BE
MAILED NO LATER THAN FORTY-FIVE DAYS AFTER THE ALLEGED VIOLATION EXCEPT
AS PROVIDED IN SUBDIVISION TEN OF THIS SECTION. PERSONAL DELIVERY ON THE
OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING
PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE
EVIDENCE OF THE MAILING OF THE NOTICE.
(B) A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF PARAGRAPH TWO
OF SUBDIVISION (D) OR SUBDIVISION (F) OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS ARTICLE, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF THE PHOTO-MONITOR-
ING SYSTEM THAT RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
(C) THE NOTICE OF LIABILITY SHALL ALSO CONTAIN INFORMATION ADVISING
THE PERSON CHARGED OF THE MANNER AND TIME IN WHICH SUCH PERSON MAY
REQUEST A COPY OF THE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER
RECORDED IMAGES PRODUCED BY A PHOTO-MONITORING SYSTEM AND THE CERTIF-
ICATE THAT CHARGED THAT THE VIOLATION OCCURRED. SUCH REQUEST SHALL BE
SUBMITTED WITHIN FORTY-FIVE DAYS OF MAILING OF THE NOTICE OF LIABILITY.
(D) THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH SUCH PERSON MAY CHAL-
LENGE THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY
SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE
TO ANSWER OR CHALLENGE IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED
AN ADMISSION OF LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED AS
A FINAL DECISION OF LIABILITY THEREON.
(E) FAILURE TO ANSWER A NOTICE OF LIABILITY WITHIN FORTY-FIVE DAYS OF
MAILING OF THE NOTICE SHALL RESULT IN THE ENTRY OF A DEFAULT JUDGMENT
AND THE IMMEDIATE CONVERSION OF THE NOTICE OF LIABILITY INTO A FINAL
DECISION OF LIABILITY AGAINST THE OWNER.
8. REVIEW OF A CHALLENGE TO THE LIABILITY IMPOSED UPON OWNERS BY THIS
SECTION SHALL BE CONDUCTED BY A LIABILITY REVIEW EXAMINER. LIABILITY
REVIEW EXAMINERS SHALL BE APPOINTED BY THE COMMISSIONER OF THE DIVISION
OF CRIMINAL JUSTICE SERVICES AND SHALL BE EMPLOYEES OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES. THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES MAY APPOINT AS MANY LIABILITY REVIEW EXAMINERS AS ARE
NEEDED FOR REVIEW OF CHALLENGES TO LIABILITY PURSUANT TO THIS SECTION,
WITHIN AMOUNTS APPROPRIATED THEREFOR. WRITTEN CHALLENGES TO LIABILITY
SHALL BE SUBMITTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES BY
OWNERS WITHIN FORTY-FIVE DAYS OF MAILING OF THE NOTICE OF LIABILITY OR
WITHIN FORTY-FIVE DAYS OF MAILING OF THE PHOTOGRAPHS, MICROPHOTOGRAPHS,
VIDEOTAPE OR OTHER RECORDED IMAGES AND THE CERTIFICATE, WHICHEVER IS
LATER. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
SHALL PROMULGATE RULES AND REGULATIONS GOVERNING THE REVIEW OF CHAL-
LENGES TO LIABILITY IMPOSED UPON OWNERS PURSUANT TO THIS SECTION WHICH
S. 56--A 45 A. 156--A
SHALL, AT A MINIMUM, REQUIRE A LIABILITY REVIEW EXAMINER TO INSPECT THE
PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
PRODUCED BY A PHOTO-MONITORING SYSTEM AND THE CERTIFICATE, OR ANY OTHER
WRITTEN INFORMATION THE EXAMINER DEEMS RELEVANT, REVIEW THE OWNER'S
WRITTEN CHALLENGE TO LIABILITY AND THE ACCURACY OF THE INFORMATION
ALLEGED IN THE NOTICE OF LIABILITY, AND ISSUE A FINAL DECISION OF
LIABILITY WITHIN THIRTY DAYS OF RECEIPT OF THE CHALLENGE.
9. IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION
FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE POLICE
DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN
ALLEGATION OF LIABILITY FOR A VIOLATION OF PARAGRAPH TWO OF SUBDIVISION
(D) OR SUBDIVISION (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
THAT PRIOR TO THE TIME OF THE VIOLATION, THE VEHICLE HAD BEEN REPORTED
TO THE POLICE AS STOLEN, AND THAT IT HAD NOT BEEN RECOVERED BY SUCH
TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION
IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE
STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE DIVISION HAVING JURIS-
DICTION.
10. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
ITY WAS ISSUED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION SHALL NOT
BE LIABLE FOR THE VIOLATION OF PARAGRAPH TWO OF SUBDIVISION (D) OR
SUBDIVISION (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
PROVIDED THAT HE OR SHE SENDS TO THE DIVISION SERVING THE NOTICE OF
LIABILITY A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT
COVERING SUCH VEHICLE ON THE DATE OF THE VIOLATION, WITH THE NAME AND
ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN THIRTY DAYS AFTER RECEIV-
ING THE ORIGINAL NOTICE OF LIABILITY. FAILURE TO SEND SUCH INFORMATION
WITHIN SUCH THIRTY DAY TIME PERIOD SHALL RENDER THE LESSOR LIABLE FOR
THE PENALTY PRESCRIBED BY THIS SECTION. WHERE THE LESSOR COMPLIES WITH
THE PROVISIONS OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE
DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE
FOR PURPOSES OF THIS SECTION AND SHALL BE SUBJECT TO LIABILITY FOR THE
VIOLATION OF PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT THE DIVI-
SION MAILS A NOTICE OF LIABILITY TO THE LESSEE WITHIN THIRTY DAYS AFTER
RECEIVING SUCH NOTICE FROM THE LESSOR. FOR PURPOSES OF THIS SUBDIVISION
THE TERM "LESSOR" SHALL MEAN ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,
AGENCY, ASSOCIATION OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING
OR LEASING VEHICLES TO ANY LESSEE UNDER A RENTAL AGREEMENT, LEASE OR
OTHERWISE WHEREIN THE SAID LESSEE HAS THE USE OF SAID VEHICLE FOR ANY
PERIOD OF TIME. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "LESSEE"
SHALL MEAN ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY, ASSOCI-
ATION OR ORGANIZATION THAT RENTS, LEASES OR CONTRACTS FOR THE USE OF ONE
OR MORE VEHICLES AND HAS USE THEREOF FOR ANY PERIOD OF TIME.
11. EXCEPT AS PROVIDED IN SUBDIVISION TEN OF THIS SECTION, IF A PERSON
RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION IT SHALL BE A
VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF PARAGRAPH
TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS ARTICLE THAT THE INDIVIDUAL WHO RECEIVED THE NOTICE OF
LIABILITY PURSUANT TO THIS SECTION WAS NOT AN OWNER OF THE VEHICLE AT
THE TIME THE VIOLATION OCCURRED. IF THE OWNER LIABLE FOR A VIOLATION OF
PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION WAS NOT THE
OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY
MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
S. 56--A 46 A. 156--A
12. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF ANY PROVISION OF LAW.
13. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL PHOTOGRAPHS,
MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PREPARED PURSUANT
TO THIS SECTION SHALL BE FOR THE USE OF GOVERNMENTAL AGENCIES OR AUTHOR-
ITIES IN THE DISCHARGE OF THEIR DUTIES AND SHALL NOT BE MADE AVAILABLE
TO THE PUBLIC EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS SECTION.
S 4. This act shall take effect immediately.
PART T
Section 1. Subsection (b) of section 9110 of the insurance law, as
amended by section 1 of part Q of chapter 62 of the laws of 2003, is
amended to read as follows:
(b) The annual fee is hereby imposed at the rate of [five dollars] TEN
DOLLARS per insured motor vehicle registered pursuant to the provisions
of paragraph [(b)] B of subdivision one of section four hundred one of
the vehicle and traffic law. Such fee will be paid monthly by insurance
companies to the superintendent on or before the fifteenth of the month
next succeeding the month in which such collections are received.
S 2. Subsection (e) of section 9110 of the insurance law, as amended
by section 1 of part A of chapter 56 of the laws of 2004, is amended to
read as follows:
(e) All moneys received by the superintendent which are collected from
policyholders of insurance on [passenger] motor vehicles [subject to the
provisions of paragraph a of subdivision six of section four hundred one
of the vehicle and traffic law] shall be paid [to the state police motor
vehicle law enforcement account established pursuant to section ninety-
seven-mm of the state finance law] by the tenth day of the month follow-
ing receipt of such collections[. By the end of each fiscal year, any
moneys paid to the state police motor vehicle law enforcement account
established pursuant to section ninety-seven-mm of the state finance law
which exceed sixty million four hundred thousand dollars shall be paid
to the motor vehicle theft and insurance fraud prevention fund estab-
lished pursuant to section eighty-nine-d of the state finance law.] IN
THE FOLLOWING MANNER:
(1) EACH FISCAL YEAR, THE FIRST FOUR MILLION SEVEN HUNDRED THOUSAND
DOLLARS SHALL BE PAID TO THE MOTOR VEHICLE THEFT AND INSURANCE FRAUD
PREVENTION FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-D OF THE
STATE FINANCE LAW.
(2) ALL REMAINING MONEYS SHALL BE PAID TO THE STATE POLICE MOTOR VEHI-
CLE LAW ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-SEV-
EN-MM OF THE STATE FINANCE LAW.
S 3. Subsection (f) of section 9110 of the insurance law is REPEALED.
S 4. Subdivision 2 of section 89-d of the state finance law, as
amended by chapter 170 of the laws of 1994, is amended to read as
follows:
2. Such fund shall consist of all moneys received by the state pursu-
ant to subsection [(f)] (B) of section nine thousand one hundred ten of
the insurance law [including any moneys received by the state] THAT ARE
TRANSFERRED TO THE FUND pursuant to PARAGRAPH ONE OF subsection (e) of
section nine thousand one hundred ten of the insurance law [that are
transfered to the fund] and all other grants, bequests or other moneys
appropriated, credited or transferred thereto from any other fund or
source pursuant to law.
S. 56--A 47 A. 156--A
S 5. Subdivisions 2 and 3 of section 97-mm of the state finance law,
as amended by section 2 of part A of chapter 56 of the laws of 2004, are
amended to read as follows:
2. The state police motor vehicle law enforcement account shall
consist of all moneys received by the state pursuant to subsection [(e)]
(B) of section nine thousand one hundred ten of the insurance law [and
any moneys received by the state pursuant to subsection (f) of section
nine thousand one hundred ten of the insurance law] that are transferred
to the account PURSUANT TO PARAGRAPH TWO OF SUBSECTION (E) OF SECTION
NINE THOUSAND ONE HUNDRED TEN OF THE INSURANCE LAW and all other grants,
bequests or other moneys credited, appropriated, or transferred thereto
from any other fund or source.
3. Nine million one hundred thousand dollars annually of the state
police motor vehicle law enforcement account, following appropriation by
the legislature and allocation by the director of the budget, shall be
made available for the state operation expenses of the division of state
police including but not limited to the costs of activities relating to
the detection, prosecution or reduction of automobile theft and related
purposes. [Fifty-one million three hundred thousand dollars] ALL OTHER
FUNDS of the state police motor vehicle law enforcement account, follow-
ing appropriation by the legislature and allocation by the director of
the budget, shall be made available for the state operation expenses of
the division of state police including but not limited to the costs of
activities relating to highway safety and public security.
S 6. Section 7 of part Q of chapter 62 of the laws of 2003, amending
the insurance law and other laws relating to motor vehicle law enforce-
ment fees, as amended by section 1 of part M of chapter 56 of the laws
of 2008, is amended to read as follows:
S 7. This act shall take effect immediately, provided that sections
one, two and three of this act shall take effect June 1, 2003; [and
provided further that the amendments made to subsection (b) of section
9110 of the insurance law made by section one of this act shall expire
and be deemed repealed on July 1, 2009 and the provisions of such
subsection shall be read as such provisions existed on the date imme-
diately preceding the effective date of this act;] and provided further
that the amendments made to subsection (e) of section 9110 of the insur-
ance law made by section two of this act and the amendments made to
subdivision 3 of section 97-mm of the state finance law made by section
three of this act shall expire and be deemed repealed on March 31, 2004
and the provisions of such subsection and such subdivision shall be read
as such provisions existed on the date immediately preceding the effec-
tive date of this act.
S 7. Section 3 of part A of chapter 56 of the laws of 2004, amending
the insurance law and the state finance law relating to motor vehicle
law enforcement fees, as amended by section 2 of part M of chapter 56 of
the laws of 2008, is amended to read as follows:
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2004[;
provided, however, that the amendments made to subsections (e) and (f)
of section 9110 of the insurance law made by section one of this act
shall expire and be deemed repealed on March 31, 2009, and provided
further that the amendments made to subdivisions 2 and 3 of section
97-mm of the state finance law made by section two of this act shall
expire and be deemed repealed on March 31, 2009].
S 8. Subdivision (bbb) of section 427 of chapter 55 of the laws of
1992, amending the tax law generally and enacting the omnibus revenue
S. 56--A 48 A. 156--A
act of 1992 relating to taxes, surcharges, fees and funding, is
REPEALED.
S 9. Paragraphs (b) and (d) of subdivision 2 and subdivision 3 of
section 846-m of the executive law, as amended by section 4 of part M of
chapter 56 of the laws of 2008, are amended to read as follows:
(b) Activities eligible for funding include, but are not limited to,
the following: prosecution and adjudication services; law enforcement
services; neighborhood or community based programs designed to reduce
the incidence of motor vehicle theft and motor vehicle insurance fraud;
educational programs designed to inform owners of motor vehicles
concerning activities designed to prevent the incidence of theft of
motor vehicles and fraudulent claims practices; and programs designed to
examine, evaluate and make recommendations relating to the efficacy of
motor vehicle theft prevention devices or methods including, but not
limited to, passive tracking devices designed to identify the location
of a motor vehicle at any given point in time and window glass etching
with vehicle identification numbers or any other unique identifying
symbol including decal programs such as New York city's operation combat
auto theft (C.A.T.). Funds provided under this program shall be used to
augment, and not to supplant, the provider agency's current funding, if
any, for motor vehicle theft and insurance fraud detection, prevention,
or reduction activities[, and shall only be used to fund pilot programs
of a specified duration not to extend beyond July first, two thousand
nine].
(d) The state comptroller shall conduct an audit of all moneys
received and expended by the fund as well as all other funds expended
from any other source for the purposes of this program, and shall submit
a written report detailing such audit to the governor and legislature on
or before March first[, two thousand nine.
3. This article shall expire on July first, two thousand nine] OF EACH
YEAR.
S 10. Section 9 of part T of chapter 57 of the laws of 2000, amending
the state finance law relating to a report on automobile theft
prevention activities of the state police, as amended by section 5 of
part M of chapter 56 of the laws of 2008, is amended to read as follows:
S 9. This act shall take effect immediately provided, however, that
the amendments to sections 846-j, 846-k, 846-l and 846-m of the execu-
tive law made by this act shall not affect the expiration of such
sections and shall be deemed to expire therewith[; provided, further,
however, that the provisions of subdivision 4 of section 97-mm of the
state finance law, as added by section eight of this act, shall expire
and be deemed repealed on July 1, 2009].
S 11. The article heading of article 36-A of the executive law, as
added by chapter 170 of the laws of 1994, is amended to read as follows:
NEW YORK MOTOR VEHICLE THEFT AND INSURANCE FRAUD PREVENTION
[DEMONSTRATION] PROGRAM
S 12. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009, provided,
however, that section one of this act shall take effect on June 1, 2009.
PART U
Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
correction law relating to the psychological testing of candidates, as
amended by section 1 of part C of chapter 56 of the laws of 2007, is
amended to read as follows:
S. 56--A 49 A. 156--A
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall remain in effect until September 1,
[2009] 2014.
S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive law and the criminal procedure law relating to expanding the
geographic area of employment of certain police officers, as amended by
section 2 of part C of chapter 56 of the laws of 2007, is amended to
read as follows:
S 3. This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law, and shall
remain in effect until the first day of September, [2009] 2014, when it
shall expire and be deemed repealed.
S 3. Section 3 of chapter 886 of the laws of 1972, amending the
correction law and the penal law relating to prisoner furloughs in
certain cases and the crime of absconding therefrom, as amended by
section 3 of part C of chapter 56 of the laws of 2007, is amended to
read as follows:
S 3. This act shall take effect 60 days after it shall have become a
law and shall remain in effect until September 1, [2009] 2014.
S 4. Section 20 of chapter 261 of the laws of 1987, amending chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, as amended
by section 4 of part C of chapter 56 of the laws of 2007, is amended to
read as follows:
S 20. This act shall take effect immediately except that section thir-
teen of this act shall expire and be of no further force or effect on
and after September 1, [2009] 2014 and shall not apply to persons
committed to the custody of the department after such date, and provided
further that the commissioner of correctional services shall report each
January first and July first during such time as the earned eligibility
program is in effect, to the chairmen of the senate crime victims, crime
and correction committee, the senate codes committee, the assembly
correction committee, and the assembly codes committee, the standards in
effect for earned eligibility during the prior six-month period, the
number of inmates subject to the provisions of earned eligibility, the
number who actually received certificates of earned eligibility during
that period of time, the number of inmates with certificates who are
granted parole upon their first consideration for parole, the number
with certificates who are denied parole upon their first consideration,
and the number of individuals granted and denied parole who did not have
earned eligibility certificates.
S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending the tax law and other laws relating to taxes, surcharges, fees
and funding, as amended by section 5 of part C of chapter 56 of the laws
of 2007, is amended to read as follows:
(q) the provisions of section two hundred eighty-four of this act
shall remain in effect until September 1, [2009] 2014 and be applicable
to all persons entering the program on or before August 31, [2009] 2014.
S 6. Section 10 of chapter 339 of the laws of 1972, amending the
correction law and the penal law relating to inmate work release,
furlough and leave, as amended by section 6 of part C of chapter 56 of
the laws of 2007, is amended to read as follows:
S 10. This act shall take effect 30 days after it shall have become a
law and shall remain in effect until September 1, [2009] 2014, and
provided further that the commissioner of correctional services shall
report each January first, and July first, to the chairman of the senate
S. 56--A 50 A. 156--A
crime victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly codes commit-
tee, the number of eligible inmates in each facility under the custody
and control of the commissioner who have applied for participation in
any program offered under the provisions of work release, furlough, or
leave, and the number of such inmates who have been approved for partic-
ipation.
S 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994
relating to certain provisions which impact upon expenditure of certain
appropriations made by chapter 50 of the laws of 1994 enacting the state
operations budget, as amended by section 7 of part C of chapter 56 of
the laws of 2007, is amended to read as follows:
(c) sections forty-one and forty-two of this act shall expire Septem-
ber 1, [2009] 2014; provided, that the provisions of section forty-two
of this act shall apply to inmates entering the work release program on
or after such effective date; and
S 8. Section 5 of chapter 554 of the laws of 1986, amending the
correction law and the penal law relating to providing for community
treatment facilities and establishing the crime of absconding from the
community treatment facility, as amended by section 8 of part C of chap-
ter 56 of the laws of 2007, is amended to read as follows:
S 5. This act shall take effect immediately and shall remain in full
force and effect until September 1, [2009] 2014, and provided further
that the commissioner of correctional services shall report each January
first and July first during such time as this legislation is in effect,
to the chairmen of the senate crime victims, crime and correction
committee, the senate codes committee, the assembly correction commit-
tee, and the assembly codes committee, the number of individuals who are
released to community treatment facilities during the previous six-month
period, including the total number for each date at each facility who
are not residing within the facility, but who are required to report to
the facility on a daily or less frequent basis.
S 9. Subdivision h of section 74 of chapter 3 of the laws of 1995,
amending the correction law and other laws relating to the incarceration
fee, as amended by section 9 of part C of chapter 56 of the laws of
2007, is amended to read as follows:
h. Section fifty-two of this act shall be deemed to have been in full
force and effect on and after April 1, 1995; provided, however, that the
provisions of section 189 of the correction law, as amended by section
fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
as amended by section fifty-six of this act, and section fifty-seven of
this act shall expire September 1, [2009] 2014, when upon such date the
amendments to the correction law and penal law made by sections fifty-
five and fifty-six of this act shall revert to and be read as if the
provisions of this act had not been enacted; provided, however, that
sections sixty-two, sixty-three and sixty-four of this act shall be
deemed to have been in full force and effect on and after March 1, 1995
and shall be deemed repealed April 1, 1996 and upon such date the
provisions of subsection (e) of section 9110 of the insurance law and
subdivision 2 of section 89-d of the state finance law shall revert to
and be read as set out in law on the date immediately preceding the
effective date of sections sixty-two and sixty-three of this act;
S 10. Subdivision (z) of section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 10 of part C of chapter 56 of
the laws of 2007, is amended to read as follows:
S. 56--A 51 A. 156--A
(z) the provisions of section three hundred eighty-one of this act
shall apply to all persons supervised by the division of parole on or
after the effective date of this act, provided however, that subdivision
9 of section 259-a of the executive law, as added by section three
hundred eighty-one of this act, shall expire on September 1, [2009]
2014;
S 11. Subdivision (aa) of section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 11 of part C of chapter 56 of
the laws of 2007, is amended to read as follows:
(aa) the provisions of sections three hundred eighty-two, three
hundred eighty-three and three hundred eighty-four of this act shall
expire on September 1, [2009] 2014;
S 12. Section 12 of chapter 907 of the laws of 1984, amending the
correction law, the New York city criminal court act and the executive
law relating to prison and jail housing and alternatives to detention
and incarceration programs, as amended by section 12 of part C of chap-
ter 56 of the laws of 2007, is amended to read as follows:
S 12. This act shall take effect immediately, except that the
provisions of sections one through ten of this act shall remain in full
force and effect until September 1, [2009] 2014 on which date those
provisions shall be deemed to be repealed.
S 13. Subdivision (p) of section 406 of chapter 166 of the laws of
1991, amending the tax law and other laws relating to taxes, as amended
by section 13 of part C of chapter 56 of the laws of 2007, is amended to
read as follows:
(p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this act shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three hundred forty-one of
this act shall take effect immediately and shall expire November 1, 1993
at which time it shall be deemed repealed; sections three hundred
forty-five and three hundred forty-six of this act shall take effect
July 1, 1991; sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this act
shall take effect immediately and shall expire June 30, 1995 and shall
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and shall
expire June 30, 1998 and shall revert to and be read as if this act had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven of this act shall apply to claims filed on or after such
effective date; sections three hundred sixty-nine, three hundred seven-
ty-two, three hundred seventy-three, three hundred seventy-four, three
hundred seventy-five and three hundred seventy-six of this act shall
remain in effect until September 1, [2009] 2014, at which time they
shall be deemed repealed; provided, however, that the mandatory
surcharge provided in section three hundred seventy-four of this act
shall apply to parking violations occurring on or after said effective
date; and provided further that the amendments made to section 235 of
the vehicle and traffic law by section three hundred seventy-two of this
act, the amendments made to section 1809 of the vehicle and traffic law
by sections three hundred thirty-seven and three hundred thirty-eight of
this act and the amendments made to section 215-a of the labor law by
section three hundred seventy-five of this act shall expire on September
1, [2009] 2014 and upon such date the provisions of such subdivisions
and sections shall revert to and be read as if the provisions of this
S. 56--A 52 A. 156--A
act had not been enacted; the amendments to subdivisions 2 and 3 of
section 400.05 of the penal law made by sections three hundred seventy-
seven and three hundred seventy-eight of this act shall expire on July
1, 1992 and upon such date the provisions of such subdivisions shall
revert and shall be read as if the provisions of this act had not been
enacted; the state board of law examiners shall take such action as is
necessary to assure that all applicants for examination for admission to
practice as an attorney and counsellor at law shall pay the increased
examination fee provided for by the amendment made to section 465 of the
judiciary law by section three hundred eighty of this act for any exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
the date prior to the effective date of this act; the provisions of
section 306-a of the civil practice law and rules as added by section
three hundred eighty-one of this act shall apply to all actions pending
on or commenced on or after September 1, 1991, provided, however, that
for the purposes of this section service of such summons made prior to
such date shall be deemed to have been completed on September 1, 1991;
the provisions of section three hundred eighty-three of this act shall
apply to all money deposited in connection with a cash bail or a
partially secured bail bond on or after such effective date; and the
provisions of sections three hundred eighty-four and three hundred
eighty-five of this act shall apply only to jury service commenced
during a judicial term beginning on or after the effective date of this
act; provided, however, that nothing contained herein shall be deemed to
affect the application, qualification, expiration or repeal of any
provision of law amended by any section of this act and such provisions
shall be applied or qualified or shall expire or be deemed repealed in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
S 14. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended by section 14 of part C of chapter 56 of the laws of 2007, is
amended to read as follows:
8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [nine] FOURTEEN.
S 15. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock device program,
as amended by section 16 of part C of chapter 56 of the laws of 2007, is
amended to read as follows:
S 6. This act shall take effect on the first day of April next
succeeding the date on which it shall have become a law; provided,
however, that effective immediately, the addition, amendment or repeal
of any rule or regulation necessary for the implementation of the fore-
going sections of this act on their effective date is authorized and
directed to be made and completed on or before such effective date and
shall remain in full force and effect until the first day of September,
[2009] 2014 when upon such date the provisions of this act shall be
deemed repealed.
S 16. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-
ous provisions, as amended by section 17 of part C of chapter 56 of the
laws of 2007, is amended to read as follows:
a. sections forty-three through forty-five of this act shall expire
and be deemed repealed on September 1, [2009] 2014;
S. 56--A 53 A. 156--A
S 17. Section 4 of part D of chapter 412 of the laws of 1999, amending
the civil practice law and rules and the court of claims act relating to
prisoner litigation reform, as amended by section 18 of part C of chap-
ter 56 of the laws of 2007, is amended to read as follows:
S 4. This act shall take effect 120 days after it shall have become a
law and shall remain in full force and effect until September 1, [2009]
2014, when upon such date it shall expire.
S 18. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
constituting the family protection and domestic violence intervention
act of 1994, as amended by section 19 of part C of chapter 56 of the
laws of 2007, is amended to read as follows:
2. Subdivision 4 of section 140.10 of the criminal procedure law as
added by section thirty-two of this act shall take effect January 1,
1996 and shall expire and be deemed repealed on September 1, [2009]
2014.
S 19. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal procedure law relating to the use of closed-circuit television and
other protective measures for certain child witnesses, as amended by
section 21 of part C of chapter 56 of the laws of 2007, is amended to
read as follows:
S 5. This act shall take effect immediately and shall apply to all
criminal actions and proceedings commenced prior to the effective date
of this act but still pending on such date as well as all criminal
actions and proceedings commenced on or after such effective date and
its provisions shall expire on September 1, [2009] 2014, when upon such
date the provisions of this act shall be deemed repealed.
S 20. Section 3 of chapter 688 of the laws of 2003, amending the exec-
utive law relating to enacting the interstate compact for adult offender
supervision, as amended by section 27 of part C of chapter 56 of the
laws of 2007, is amended to read as follows:
S 3. This act shall take effect immediately, except that section one
of this act shall take effect on the first of January next succeeding
the date on which it shall have become a law, and shall remain in effect
until the first of September, [2009] 2014, upon which date this act
shall be deemed repealed and have no further force and effect; provided
that section one of this act shall only take effect with respect to any
compacting state which has enacted an interstate compact entitled
"Interstate compact for adult offender supervision" and having an iden-
tical effect to that added by section one of this act and provided
further that with respect to any such compacting state, upon the effec-
tive date of section one of this act, section 259-m of the executive law
is hereby deemed REPEALED and section 259-mm of the executive law, as
added by section one of this act, shall take effect; and provided
further that with respect to any state which has not enacted an inter-
state compact entitled "Interstate compact for adult offender super-
vision" and having an identical effect to that added by section one of
this act, section 259-m of the executive law shall take effect and the
provisions of section one of this act, with respect to any such state,
shall have no force or effect until such time as such state shall adopt
an interstate compact entitled "Interstate compact for adult offender
supervision" and having an identical effect to that added by section one
of this act in which case, with respect to such state, effective imme-
diately, section 259-m of the executive law is deemed repealed and
section 259-mm of the executive law, as added by section one of this
act, shall take effect.
S. 56--A 54 A. 156--A
S 21. Section 9 of part B of chapter 58 of the laws of 2007, amending
the public health law, the general business law and the insurance law
relating to the sale and possession of hypodermic syringes and needles,
is REPEALED.
S 22. Section 5 of part G of chapter 56 of the laws of 2000, amending
the public health law, the general business law and the insurance law
relating to the sale and possession of hypodermic syringes and needles,
as amended by section 28 of part C of chapter 56 of the laws of 2007, is
amended to read as follows:
S 5. This act shall take effect January 1, 2001 and shall remain in
full force and effect until September 1, [2009] 2014 when upon such date
the provisions of this act shall be deemed repealed; provided, however,
that effective immediately the commissioner of health is authorized to
promulgate any rules and regulations necessary for the timely implemen-
tation of this act on such effective date.
S 23. Subdivision d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 20 of
part D of chapter 56 of the laws of 2005, is amended to read as follows:
d. Sections one-a through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two[, forty-three] and forty-four of
this act shall be deemed repealed on September 1, [2009] 2014;
S 24. Section 4 of chapter 377 of the laws of 2007 amending the
correction law and the criminal procedure law relating to establishing a
probation detainer warrant pilot project, is amended to read as follows:
S 4. This act shall take effect immediately and shall expire and be
deemed repealed [March 31, 2010] SEPTEMBER 30, 2012.
S 25. Subdivision (r) of section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, is REPEALED.
S 25. Section 2 of chapter 894 of the laws of 1990, amending the crim-
inal procedure law relating to electronic court appearances, is amended
to read as follows:
S 2. This act shall take effect on the first day of January next
succeeding the date on which it shall have become a law[, except that
the submission of a written proposal as required by subdivision 1 of
section 182.40 of the criminal procedure law, as added by this act shall
be made at least thirty days prior to such effective date, and this act
shall expire on the first day of July in the second year succeeding the
date on which it shall have become effective when upon such date the
provisions of this act shall be deemed repealed].
S 26. This act shall take effect immediately.
PART V
Section 1. Subdivision 5 of section 205 of the civil service law is
amended by adding a new paragraph (m) to read as follows:
(M) TO ADMINISTER THE PROVISIONS OF ARTICLE TWENTY OF THE LABOR LAW TO
THE EXTENT PROVIDED FOR IN SUCH ARTICLE, AND TO SERVE ALL THE FUNCTIONS
OF THE BOARD AS DEFINED IN SECTION SEVEN HUNDRED ONE OF THE LABOR LAW,
INCLUDING TO MAKE, AMEND AND RESCIND SUCH RULES AND REGULATIONS AS MAY
BE NECESSARY TO CARRY OUT THE PROVISIONS OF SUCH ARTICLE.
S 2. Subdivisions 1, 2, 3 and 4 of section 205 of the civil service
law, subdivision 1 as amended by chapter 391 of the laws of 1969, subdi-
vision 2 as added by chapter 392 of the laws of 1967, subdivision 3 as
amended by chapter 307 of the laws of 1979 and subdivision 4 as amended
by chapter 503 of the laws of 1971, are amended to read as follows:
S. 56--A 55 A. 156--A
1. There is hereby created in the state department of civil service a
board, to be known as the public employment relations board, which shall
consist of three members appointed by the governor, by and with the
advice and consent of the senate from persons representative of the
public. Not more than two members of the board shall be members of the
same political party. Each member shall be appointed for a term of six
years, except that of the members first appointed, one shall be
appointed for a term to expire on May thirty-first, nineteen hundred
sixty-nine, one for a term to expire on May thirty-first, nineteen
hundred seventy-one, and one for a term to expire on May thirty-first,
nineteen hundred seventy-three. The governor shall designate one member
who shall serve as [chairman] CHAIRPERSON of the board until the expira-
tion of his OR HER term. A member appointed to fill a vacancy shall be
appointed for the unexpired term of the member whom he OR SHE is to
succeed.
2. Members of the board shall hold no other public office or public
employment in the state. The [chairman] CHAIRPERSON shall give his OR
HER whole time to his OR HER duties.
3. Members of the board other than the [chairman] CHAIRPERSON shall,
when performing the work of the board, be compensated at the rate of two
hundred [and] fifty dollars per day, together with an allowance for
actual and necessary expenses incurred in the discharge of their duties
hereunder. The [chairman] CHAIRPERSON shall receive an annual salary to
be fixed within the amount available therefor by appropriation, in addi-
tion to an allowance for expenses actually and necessarily incurred by
him OR HER in the performance of his OR HER duties.
4. (a) The CHAIRPERSON OF THE board may appoint an executive director
and such other persons, including but not limited to attorneys, media-
tors, members of fact-finding boards and representatives of employee
organizations and public employers to serve as technical advisers to
such fact-finding boards, as it may from time to time deem necessary for
the performance of its functions, prescribe their duties, fix their
compensation and provide for reimbursement of their expenses within the
amounts made available therefor by appropriation. Attorneys appointed
under this section may, at the direction of the CHAIRPERSON OF THE
board, appear for and represent the board in any case in court.
(b) No member of the board or its appointees pursuant to this subdivi-
sion, including without limitation any mediator or fact-finder employed
or retained by the board, shall, except as required by this article, be
compelled to nor shall he OR SHE voluntarily disclose to any administra-
tive or judicial tribunal or at the legislative hearing, held pursuant
to subparagraph (iii) of paragraph (e) of subdivision three of section
two hundred nine OF THIS ARTICLE, any information relating to the resol-
ution of a particular dispute in the course of collective negotiations
acquired in the course of his OR HER official activities under this
article, nor shall any reports, minutes, written communications, or
other documents pertaining to such information and acquired in the
course of his OR HER official activities under this article be subject
to subpoena or voluntarily disclosed; except that where the information
so required indicates that the person appearing or who has appeared
before the board has been the victim of, or otherwise involved in, a
crime, other than a criminal contempt in a case involving or growing out
of a violation of this article, said members of the board and its
appointees may be required to testify fully in relation thereto upon any
examination, trial, or other proceeding in which the commission of such
crime is the subject of inquiry.
S. 56--A 56 A. 156--A
S 3. Subdivision 9 of section 701 of the labor law, as amended by
chapter 166 of the laws of 1991, is amended to read as follows:
9. The term "board" means the PUBLIC employment relations board
created by section [seven hundred two of this article] TWO HUNDRED FIVE
OF THE CIVIL SERVICE LAW, IN CARRYING OUT ITS FUNCTIONS UNDER THIS ARTI-
CLE.
S 4. Section 702 of the labor law is REPEALED, and a new section 702
is added to read as follows:
S 702. SPECIAL MEDIATORS. THE BOARD MAY, WHEN NECESSARY, APPOINT OR
DESIGNATE SPECIAL MEDIATORS WHO SHALL HAVE THE AUTHORITY AND POWER OF
MEMBERS OF THE BOARD WITH REGARD TO SUCH MATTER, PROVIDED THAT THEIR
AUTHORITY AND POWER TO ACT FOR THE BOARD SHALL CEASE UPON THE CONCLUSION
OF THE SPECIFIC MATTER SO ASSIGNED TO THEM OR BY REVOCATION BY THE BOARD
OF THEIR APPOINTMENT OR DESIGNATION. SUCH SPECIAL MEDIATORS SHALL, WHEN
PERFORMING THE WORK OF THE BOARD AS AFORESAID, BE COMPENSATED AT A RATE
TO BE DETERMINED BY THE BOARD SUBJECT TO THE APPROVAL OF THE DIRECTOR OF
THE BUDGET, TOGETHER WITH AN ALLOWANCE FOR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE DISCHARGE OF THEIR DUTIES HEREUNDER.
S 5. Subdivisions 3 and 4 of section 707 of the labor law, subdivision
3 as amended by chapter 210 of the laws of 1942 and subdivision 4 as
amended by chapter 676 of the laws of 1963, are amended to read as
follows:
3. The jurisdiction of the supreme court shall be exclusive and its
judgment and decree shall be final, except that appeals shall lie to the
appellate division of said court and to the court of appeals, in the
manner and subject to the limitations provided in the civil practice
[act] LAW AND RULES irrespective of the nature of the decree or judgment
or the amount involved.
4. Any person aggrieved by a final order of the board granting or
denying in whole or in part the relief sought may obtain a review of
such order in the supreme court of the county where the unfair labor
practice in question was alleged to have been engaged in or wherein such
person resides or transacts business by filing in such court a written
petition praying that the order of the board be modified or set aside,
or if such court be on vacation or in recess, then to the supreme court
of any county adjoining the county wherein the unfair labor practice in
question occurred or wherein any such person resides or [tranacts] TRAN-
SACTS business. A copy of such petition shall be forthwith served upon
the board, and thereupon the aggrieved party shall file in the court a
transcript of the entire record in the proceeding, certified by the
board, including the pleading and testimony and order of the board. Upon
such filing, the court shall proceed in the same manner as in the case
of an application by the board under subdivision one of this section,
and shall have the same exclusive jurisdiction to grant to the board
such temporary relief or restraining order as it deems just and proper,
and in like manner to make and enter a decree enforcing, modifying and
enforcing as so modified, or setting aside in whole or in part the order
of the board; and the findings of the board as to the facts shall in
like manner be conclusive.
S 6. Subdivision 1 of section 708 of the labor law, as added by chap-
ter 443 of the laws of 1937, is amended to read as follows:
1. The board, or its duly authorized agents or agencies, shall at all
reasonable times have access to, for the purposes of examination, and
the right to examine, copy or photograph any evidence, including
payrolls or lists of employees, of any person being investigated or
proceeded against that relates to any matter under investigation or in
S. 56--A 57 A. 156--A
question. [Any member of the] THE board shall have power to issue
subpoenas requiring the attendance and testimony of witnesses and the
production of any evidence that relates to any matter under investi-
gation or in question before the board, its member, agent, or agency,
conducting the hearing or investigation. Any member of the board, or any
agent or agency designated by the board for such purposes, may adminis-
ter oaths and affirmations, examine witnesses, and receive evidence.
S 7. Section 710 of the labor law, as added by chapter 443 of the laws
of 1937, is amended to read as follows:
S 710. Public records and proceedings. Subject to rules and regu-
lations to be made by the board CONSISTENT WITH ARTICLE SIX OF THE
PUBLIC OFFICERS LAW, the complaints, orders and testimony relating to a
proceeding instituted by the board under section seven hundred six OF
THIS ARTICLE may be made public records and be made available for
inspection or copying. All proceedings pursuant to section seven hundred
[and] six OF THIS ARTICLE shall be open to the public.
S 8. Section 717 of the labor law, as added by chapter 166 of the laws
of 1991, is amended to read as follows:
S 717. State mediation board [and], state labor relations board, AND
STATE EMPLOYMENT RELATIONS BOARD abolished. The state mediation board
created by chapter five hundred sixty-nine of the laws of nineteen
hundred sixty-eight [and], the New York state labor relations board
created by chapter four hundred forty-three of the laws of nineteen
hundred thirty-seven, AND THE STATE EMPLOYMENT RELATIONS BOARD CREATED
BY CHAPTER ONE HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINE-
TY-ONE are hereby abolished. All the functions, powers and duties of
such boards are hereby assigned to and shall hereafter be exercised and
performed by and through the board. Any controversy, proceeding or other
matter pending before the New York state board of mediation [or], the
state labor relations board OR THE STATE EMPLOYMENT RELATIONS BOARD at
the time this section takes effect, may be conducted and completed by
the board and for such purposes the board shall be deemed to be a
continuation of the functions, powers and duties of the New York state
board of mediation [or], the state labor relations board OR THE STATE
EMPLOYMENT RELATIONS BOARD, respectively, and not a new entity. Upon the
transfer of functions to the board pursuant to this section, all appro-
priations and reappropriations heretofore or hereafter made to the
department of labor relating to the state board of mediation or the
state labor relations board or segregated pursuant to law, to the extent
of remaining unexpended or unencumbered balances thereof, whether allo-
cated or unallocated and whether obligated or unobligated are hereby
made available for use and expenditure by the board for the same
purposes for which originally appropriated or reappropriated. Whenever
the state board of mediation or the state labor relations board or the
chairman of the state board of mediation or of the state labor relations
board OR THE STATE EMPLOYMENT RELATIONS BOARD is referred to or desig-
nated in any general, special or local law or in any rule, regulation,
contract OR other document, such reference or designation shall be
deemed to refer to the board and the chairman thereof, respectively.
S 9. Subdivisions (a) and (b) of section 12 of the executive law, as
added by section 2 of part B of chapter 383 of the laws of 2001, are
amended to read as follows:
(a) Notwithstanding any other law, the state, through the governor,
may execute a tribal-state compact with the Seneca Nation of Indians
pursuant to the Indian Gaming Regulatory Act of 1988 (P.L. 100-497; 25
U.S.C. [SS]SS 2701-2721 and 18 U.S.C. [SS]SS 1166-1168) consistent with
S. 56--A 58 A. 156--A
a memorandum of understanding between the governor and the president of
the Seneca Nation of Indians executed on June twentieth, two thousand
one and filed with the department of state on June twenty-first, two
thousand one. Such tribal-state compact shall be deemed ratified by the
legislature upon the governor's certification to the temporary president
of the senate, the speaker of the assembly, and the secretary of state,
that such compact, through its terms, by a memorandum of understanding
or other agreement between the state and Nation, by a Nation's ordinance
or resolution, by statute, by executive order, or by the terms of any
other agreement entered into by or on behalf of the Nation, provides:
(i) assurances that the Nation will provide (1) reasonable access to the
gaming and related facilities to labor union organizers for purposes of
a campaign to solicit employee support for labor union representation;
(2) permission for labor union organizers to distribute labor union
authorization cards on site for the purpose of soliciting employee
support for labor union representation; and (3) recognition of labor
unions as the exclusive collective bargaining representatives of employ-
ees in appropriate bargaining units based upon a demonstration of major-
ity employee support of such labor unions by union authorization card
check as verified, if necessary, by an independent arbitrator appointed
by the [State] PUBLIC Employment Relations Board in consultation with
the Nation and the labor union; (ii) assurances that the Nation has an
adequate civil recovery system which guarantees fundamental due process
to visitors and guests of the facility and related facilities; and (iii)
assurances that the Nation will maintain during the term of the compact
sufficient liability insurance to assure that visitors and guests will
be compensated for their injuries.
(b) Notwithstanding any other law, the state, through the governor,
may execute tribal-state compacts pursuant to the Indian Gaming Regula-
tory Act of 1988 (P.L. 100-497; 25 U.S.C. [SS]SS 2701-2721 and 18 U.S.C.
[SS]SS 1166-1168) authorizing up to three Class III gaming facilities in
the counties of Sullivan and Ulster. Such tribal-state compact shall be
deemed ratified by the legislature upon the governor's certification to
the temporary president of the senate, the speaker of the assembly and
the secretary of state, that such compact, through its terms, by a memo-
randum of understanding or other agreement between the state and Nation,
by a Nation's ordinance or resolution, by statute, by executive order,
or by the terms of any other agreement entered into by or on behalf of
the Nation, provides: (i) assurances that the Nation will provide (1)
reasonable access to the gaming and related facilities to labor union
organizers for purposes of a campaign to solicit employee support for
labor union representation; (2) permission for labor union organizers to
distribute labor union authorization cards on site for the purpose of
soliciting employee support for labor union representation; (3)
provision of employees' names and addresses to labor union represen-
tatives and tribal/employer/management neutrality in labor union organ-
izing campaigns; (4) recognition of labor unions as the exclusive
collective bargaining representatives of employees in appropriate
bargaining units based upon a demonstration of majority employee support
of such labor unions by union authorization card check as verified, if
necessary, by an independent arbitrator appointed by the [State] PUBLIC
Employment Relations Board in consultation with the Nation and the labor
union; and (5) final and binding arbitration of organized labor matters
or disputes including negotiations for collective bargaining agreements
with arbitrators' awards enforceable in a state or federal court of
competent jurisdiction; (ii) assurances that the Nation has an adequate
S. 56--A 59 A. 156--A
civil recovery system which guarantees fundamental due process to visi-
tors and guests of the facility and related facilities; and (iii) assur-
ances that the Nation will maintain during the term of the compact
sufficient liability insurance to assure that visitors and guests will
be compensated for their injuries.
S 10. Paragraphs (e) and (f) of subdivision 1 of section 169 of the
executive law, paragraph (e) as amended by chapter 437 of the laws of
1995 and paragraph (f) as amended by chapter 83 of the laws of 1995, are
amended to read as follows:
(e) chairman of state athletic commission, chairman and executive
director of consumer protection board, member-chairman of crime victims
board, chairman of human rights appeal board, chairman of the industrial
board of appeals, [chairman of the employment relations board,] chairman
of the state commission of correction, members of the board of parole,
members of the state racing and wagering board, member-chairman of unem-
ployment insurance appeal board, director of veterans' affairs, and
vice-chairman of the workers' compensation board;
(f) executive director of adirondack park agency, commissioners of the
state liquor authority, commissioners of the state civil service commis-
sion, members of state commission of correction, [members of the employ-
ment relations board,] members of crime victims board, members of unem-
ployment insurance appeal board, and members of the workers'
compensation board.
S 11. This act shall not revoke or rescind any regulations or opinions
issued by the state employment relations board in effect upon the effec-
tive date of this act, to the extent that such regulations or opinions
are not inconsistent with any law of the state of New York. The public
employment relations board shall undertake a comprehensive review of all
such regulations and opinions, which will address the consistency of
such regulations and opinions among each other and will propose any
regulatory changes necessitated by such review.
S 12. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that effective immediately, the
chair of the public employment relations board and the chair of the
state employment relations board are hereby authorized to take such
actions as are necessary and proper to prepare for an orderly transition
of the functions, powers and duties as herein provided.
PART W
Section 1. The executive law is amended by adding a new article 4-B to
read as follows:
ARTICLE 4-B
OFFICE FOR PROCUREMENT SERVICES
SECTION 57. OFFICE FOR PROCUREMENT SERVICES; CHIEF PROCUREMENT OFFICER,
ORGANIZATION AND EMPLOYEES.
57-A. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE FOR PROCUREMENT
SERVICES.
57-B. TRANSFER OF EMPLOYEES.
S 57. OFFICE FOR PROCUREMENT SERVICES; CHIEF PROCUREMENT OFFICER,
ORGANIZATION AND EMPLOYEES.
1. THE OFFICE FOR PROCUREMENT SERVICES IS HEREBY CREATED WITHIN THE
EXECUTIVE DEPARTMENT TO HAVE AND EXERCISE THE FUNCTIONS, POWERS AND
DUTIES PROVIDED BY THE PROVISIONS OF THIS ARTICLE AND ANY OTHER
PROVISIONS OF LAW.
S. 56--A 60 A. 156--A
2. THE HEAD OF THE OFFICE FOR PROCUREMENT SERVICES SHALL BE THE CHIEF
PROCUREMENT OFFICER, WHO SHALL SERVE AS THE CHIEF PROCUREMENT OFFICER
FOR THE STATE OF NEW YORK AND SHALL BE DESIGNATED MANAGEMENT CONFIDEN-
TIAL IN THE NONCOMPETITIVE CLASS IN ACCORDANCE WITH THE CIVIL SERVICE
LAW. THE CHIEF PROCUREMENT OFFICER SHALL BE THE CHIEF EXECUTIVE OFFICER
OF AND IN SOLE CHARGE OF THE ADMINISTRATION OF THE OFFICE FOR PROCURE-
MENT SERVICES. THE CHIEF PROCUREMENT OFFICER SHALL BE ENTITLED TO
RECEIVE REIMBURSEMENT FOR EXPENSES ACTUALLY AND NECESSARILY INCURRED BY
HIM OR HER IN THE PERFORMANCE OF HIS OR HER DUTIES.
3. THE CHIEF PROCUREMENT OFFICER MAY, FROM TIME TO TIME, CREATE, ABOL-
ISH, TRANSFER AND CONSOLIDATE BUREAUS AND OTHER UNITS WITHIN THE OFFICE
FOR PROCUREMENT SERVICES NOT EXPRESSLY ESTABLISHED BY LAW AS HE OR SHE
MAY DETERMINE NECESSARY FOR THE EFFICIENT OPERATION OF THE OFFICE FOR
PROCUREMENT SERVICES, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE
BUDGET.
4. THE CHIEF PROCUREMENT OFFICER MAY APPOINT, IN ACCORDANCE WITH THE
CIVIL SERVICE LAW, SUCH DEPUTIES, ASSISTANTS, AND OTHER OFFICERS AND
EMPLOYEES, COMMITTEES AND CONSULTANTS AS HE OR SHE MAY DEEM NECESSARY,
PRESCRIBE THEIR POWERS AND DUTIES, FIX THEIR COMPENSATION, AND PROVIDE
FOR REIMBURSEMENT OF THEIR EXPENSES WITHIN THE AMOUNTS APPROPRIATED
THEREFOR.
5. THE CHIEF PROCUREMENT OFFICER MAY REQUEST AND RECEIVE FROM ANY
DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE
STATE OR ANY POLITICAL SUBDIVISION THEREOF OR ANY PUBLIC AUTHORITY,
STAFF AND OTHER ASSISTANCE, INFORMATION, AND RESOURCES AS WILL ENABLE
THE OFFICE FOR PROCUREMENT SERVICES TO PROPERLY CARRY OUT ITS FUNCTIONS,
POWERS AND DUTIES.
S 57-A. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE FOR PROCUREMENT
SERVICES. THE OFFICE FOR PROCUREMENT SERVICES SHALL HAVE THE FOLLOWING
FUNCTIONS, POWERS AND DUTIES:
1. TO ACT AS THE OFFICIAL PROCUREMENT OFFICE FOR THE STATE OF NEW
YORK;
2. TO ENSURE THAT THE STATE IS UNDERTAKING PURCHASING CONSISTENT WITH
BEST PRACTICES;
3. TO LEVERAGE THE PURCHASING VOLUME OF THE STATE AND ITS LOCAL
GOVERNMENTS TO OBTAIN THE BEST PRICES AND VALUE FOR GOODS AND SERVICES;
4. TO ASSIST IN STANDARDIZING THE STATE'S PURCHASING PROCESS TO ENSURE
IT IS BOTH EFFICIENT AND EFFECTIVE;
5. TO MAXIMIZE THE USE OF INFORMATION TECHNOLOGY TO REDUCE PROCUREMENT
PROCESSING TIME AND TO IMPLEMENT NEW APPROACHES TO PROCUREMENT;
6. TO SET POLICIES REGARDING THE DIVERSITY OF THE VENDOR POOL AND
STATE PREFERRED SOURCING GOALS;
7. TO COORDINATE OR CONDUCT EVALUATIONS OF PROCUREMENT ACTIVITIES IN
STATE AGENCIES AND RECOMMEND CHANGES AND IMPROVEMENTS;
8. TO ADOPT, AMEND, OR RESCIND RULES AND REGULATIONS NECESSARY OR
CONVENIENT TO THE PERFORMANCE OF THE FUNCTIONS, POWERS AND DUTIES OF THE
OFFICE FOR PROCUREMENT SERVICES PURSUANT TO THE STATE ADMINISTRATIVE
PROCEDURE ACT; AND
9. TO PERFORM SUCH ACTS, DIRECTLY OR BY OTHER MEANS, AS ARE NECESSARY
OR CONVENIENT TO CARRY OUT THE OFFICE'S FUNCTIONS, POWERS AND DUTIES.
S 57-B. TRANSFER OF EMPLOYEES. UPON THE TRANSFER OF EMPLOYEES FROM THE
OFFICE OF GENERAL SERVICES TO THE OFFICE FOR PROCUREMENT SERVICES
PROVISION SHALL BE MADE FOR THE TRANSFER OF NECESSARY OFFICERS AND
EMPLOYEES FROM THE OFFICE OF GENERAL SERVICES TO THE OFFICE FOR PROCURE-
MENT SERVICES WHO ARE SUBSTANTIALLY ENGAGED IN THE PERFORMANCE OF THE
PROCUREMENT FUNCTIONS TO BE TRANSFERRED, AND ANY DOCUMENTS AND RECORDS
S. 56--A 61 A. 156--A
NECESSARY AND RELATED TO THE TRANSFER OF SUCH FUNCTIONS. THE COMMISSION-
ER OF GENERAL SERVICES AND THE CHIEF PROCUREMENT OFFICER SHALL CONFER TO
DETERMINE THE OFFICERS AND EMPLOYEES WHO ARE SUBSTANTIALLY ENGAGED IN
THE PROCUREMENT FUNCTIONS TO BE TRANSFERRED. IN ACCORDANCE WITH SUBDIVI-
SION TWO OF SECTION SEVENTY OF THE CIVIL SERVICE LAW, OFFICERS AND
EMPLOYEES SO TRANSFERRED SHALL BE TRANSFERRED WITHOUT FURTHER EXAMINA-
TION OR QUALIFICATION TO THE SAME OR SIMILAR TITLES AND SHALL REMAIN IN
THE SAME COLLECTIVE BARGAINING UNIT AND SHALL RETAIN THEIR RESPECTIVE
CIVIL SERVICE CLASSIFICATION, STATUS, AND RIGHTS PURSUANT TO THEIR
COLLECTIVE BARGAINING UNIT AND COLLECTIVE BARGAINING AGREEMENT. ALL
OFFICE FOR PROCUREMENT SERVICES EMPLOYEES SHALL BE CO-LOCATED TO THE
GREATEST EXTENT PRACTICABLE. THE CHIEF PROCUREMENT OFFICER SHALL HAVE
SOLE RESPONSIBILITY FOR ESTABLISHING METHODS OF ADMINISTRATION FOR THE
OFFICE FOR PROCUREMENT SERVICES.
S 2. Subdivision 1 of section 160 of the state finance law, as added
by chapter 83 of the laws of 1995, is amended and a new subdivision 2-a
is added to read as follows:
1. "Centralized contract" means any contract for the purchase of
commodities or services, established or approved by the [commissioner of
general services] CHIEF PROCUREMENT OFFICER as meeting the state's
requirements including, but not limited to, any contract let by the
federal government, other state or local governments or purchasing
consortia.
2-A. "CHIEF PROCUREMENT OFFICER" MEANS THE HEAD OF THE OFFICE FOR
PROCUREMENT SERVICES.
S 3. Section 161 of the state finance law, as added by chapter 83 of
the laws of 1995, paragraph b of subdivision 1 as amended by chapter 430
of the laws of 1997 and paragraph m of subdivision 2 as added by chapter
95 of the laws of 2000, is amended to read as follows:
S 161. State procurement council. 1. a. The state procurement council
shall continuously strive to improve the state's procurement process.
Such council shall consist of nineteen members, including the [commis-
sioner] CHIEF PROCUREMENT OFFICER, the state comptroller, the director
of the budget and the commissioner of economic development, or their
respective designees; seven members who shall be the heads of other
large and small state agencies chosen by the governor, or their respec-
tive designees; and eight at large members appointed as follows: three
appointed by the temporary president of the senate, one of whom shall be
a representative of local government and one of whom shall be a repre-
sentative of private business; three appointed by the speaker of the
assembly, one of whom shall be a representative of local government and
one of whom shall be a representative of private business; one appointed
by the minority leader of the senate; and, one appointed by the minority
leader of the assembly; and two non-voting observers appointed as
follows: one appointed by the temporary president of the senate and one
appointed by the speaker of the assembly. The non-voting observers shall
be provided, contemporaneously, all documentation and materials distrib-
uted to members. The council shall be chaired by the [commissioner]
CHIEF PROCUREMENT OFFICER and shall meet at least quarterly.
b. The at large members shall each serve a term of three years;
provided, however, that for their initial appointments, the temporary
president of the senate and the speaker of the assembly shall each
designate one member to serve a term of one year, one member to serve a
term of two years and one member to serve a term of three years. Any
vacancy among the at large members shall be filled by appointment pursu-
ant to paragraph a of this subdivision for the unexpired balance of the
S. 56--A 62 A. 156--A
term. The non-voting observers shall each serve a term of three years.
All the initial appointments made pursuant to this section shall be
deemed to have been made and to have been effective for all purposes on
the fourth day of June, nineteen hundred ninety-six.
c. The members of the council shall serve without compensation, except
that each of them shall be allowed the necessary and actual expenses
incurred in the performance of any of their duties hereunder.
d. The council may conduct any business authorized herein when a
quorum of the members are represented in session.
2. The council shall:
a. Evaluate and make recommendations to the [commissioner] CHIEF
PROCUREMENT OFFICER for the development of specifications for commod-
ities and services to be acquired by or for state agencies through
centralized contracts, including, but not limited to, evaluations and
recommendations on minimum purchase quantities and standards for quali-
ty, function and utility;
b. Establish and maintain guidelines which, in the manner provided by
this article, enable state agencies to acquire products directly from
vendors or suppliers other than those participating in a centralized
contract when such products are not required by this article to be
acquired from a preferred source and when such products are available in
substantially similar function, form or utility and at prices or other
terms more economically beneficial for the purposes of the acquiring
state agency;
c. Identify to the [commissioner] CHIEF PROCUREMENT OFFICER any defi-
ciencies in products or services made available to state agencies
through centralized contracts, including, at the discretion of the coun-
cil, matters relating to specifications developed and employed for
procurement of products or services through centralized contracts;
d. Establish and, from time to time, amend guidelines concerning state
procurement and provide for the appropriate distribution and dissem-
ination of such guidelines and other information concerning all matters
relating to procurement of products, construction items or services for
state agencies;
e. Recommend to the [commissioner] CHIEF PROCUREMENT OFFICER necessary
legislative changes or modifications to existing or proposed rules,
regulations and procedures which would simplify, accelerate or otherwise
improve the state's procurement process and make specific recommenda-
tions to the commissioner by September thirtieth, nineteen hundred nine-
ty-five for the improvement of the New York state printing and public
documents law;
f. Act as a clearinghouse for the purpose of identification of poten-
tial cost reductions and other efficiencies through the combination of
similar procurement requirements of state agencies;
g. Consult with and advise the [commissioner] CHIEF PROCUREMENT OFFI-
CER on strategic technology investments that will facilitate electronic
access to the terms and conditions of existing procurement contracts,
promote electronic commerce including, but not limited to, payment to
vendors, promote and enhance the efficiency of the procurement of
products and services by or for state agencies and produce useful infor-
mation that supports state procurement operations, management, analysis
and decision making including, but not limited to, data concerning the
status and use of procurement contracts and the number and type of
contracts and award recipients;
h. Establish and, from time to time, amend guidelines for purchases of
commodities, by the [commissioner] CHIEF PROCUREMENT OFFICER or state
S. 56--A 63 A. 156--A
agencies. Such guidelines shall ensure the wise and prudent use of
public money in the best interest of the taxpayers of the state; and
guard against favoritism, improvidence, extravagance, fraud and
corruption;
i. Establish and, from time to time, amend guidelines for the procure-
ment of services and technology in accordance with the provisions of
this article. Such guidelines shall ensure the wise and prudent use of
public money in the best interest of the taxpayers of the state; guard
against favoritism, improvidence, extravagance, fraud and corruption;
and ensure that service contracts are awarded on the basis of best
value, including, but not limited to, the following criteria: quality,
cost, and efficiency;
j. Consult with and advise the [commissioner] CHIEF PROCUREMENT OFFI-
CER on new opportunities to acquire commodities and services including,
but not limited to, regional or statewide equipment or facility mainte-
nance services, professional services, coordination and cooperation with
other centralized purchasing entities, and coordination of reuse of
surplus property;
k. Report by December thirty-first, nineteen hundred ninety-five and
thereafter biennially to the governor, the legislature and the director
of the budget, the significant findings of the council including, but
not limited to, substantial savings generated by council initiatives and
the recommendations of the council concerning the state's procurement
practices; and
l. Undertake other related activities as are necessary to effectuate
this article including the development of a strategic plan for the
improvement of state procurement.
m. Establish and, from time to time, amend guidelines with respect to
publishing by state agencies of quarterly listings of projected procure-
ments having a value greater than five thousand dollars but less than
fifteen thousand dollars in the procurement opportunities newsletter
established by article four-C of the economic development law.
3. The [commissioner] CHIEF PROCUREMENT OFFICER may, when he or she
deems it necessary to implement the provisions and intent of this arti-
cle, adopt recommendations made by the council and may, at the request
of the state procurement council, promulgate rules and regulations
pursuant to the state administrative procedure act to give effect to
such recommendations. When the [commissioner] CHIEF PROCUREMENT OFFICER
adopts recommendations made by the council but does not promulgate rules
and regulations implementing such recommendations, the [commissioner]
CHIEF PROCUREMENT OFFICER shall publish said recommendations or a summa-
ry thereof in the state register. If the [commissioner] CHIEF PROCURE-
MENT OFFICER modifies or rejects any recommended rule or regulation, he
or she shall notify the council providing a written explanation thereof.
4. The [commissioner] CHIEF PROCUREMENT OFFICER shall report to the
governor, the legislature and the director of the budget by December
thirty-first, nineteen hundred ninety-five and thereafter annually on
any modifications to or rejections of the rules and regulations proposed
by the council.
5. Nothing in this section shall be deemed to alter, supersede, modify
or amend any provision of this article which establishes preferential
status for any producer or supplier of commodities or services.
S 3-a. Subdivision 3, subparagraph (i) of paragraph b of subdivision
4, paragraphs c and f of subdivision 6 and paragraph b of subdivision 8
of section 162 of the state finance law, as added by chapter 83 of the
laws of 1995, are amended to read as follows:
S. 56--A 64 A. 156--A
3. Public list of services and commodities provided by preferred
sources.
a. By December thirty-first, nineteen hundred ninety-five, the
[commissioner] CHIEF PROCUREMENT OFFICER, in consultation with the
commissioners of correctional services, social services, mental health
and education, shall prepare a list of all commodities and services that
are available and are being provided as of said date, for purchase by
state agencies, public benefit corporations or political subdivisions
from those entities accorded preference or priority status under this
section. Such list may include references to catalogs and other descrip-
tive literature which are available directly from any provider accorded
preferred status under this section. The [commissioner] CHIEF PROCURE-
MENT OFFICER shall make this list available to prospective vendors,
state agencies, public benefit corporations, political subdivisions and
other interested parties. Thereafter, new or substantially different
commodities or services may only be made available by preferred sources
for purchase by more than one state agency, public benefit corporation
or political subdivision after addition to said list.
b. After January first, nineteen hundred ninety-six, upon the applica-
tion of the commissioner of correctional services, the commissioner of
social services, the commissioner of mental health or the commissioner
of education, or a non-profit-making facilitating agency designated by
one of the said commissioners pursuant to paragraph e of subdivision six
of this section, the state procurement council may recommend that the
[commissioner] CHIEF PROCUREMENT OFFICER: (i) add commodities or
services to, or (ii) in order to insure that such list reflects current
production and/or availability of commodities and services, delete at
the request of a preferred source, commodities or services from, the
list established by paragraph a of this subdivision. The council may
make a non-binding recommendation to the relevant preferred source to
delete a commodity or service from such list. Additions may be made only
for new services or commodities, or for services or commodities that are
substantially different from those reflected on said list for that
provider. The decision to recommend the addition of services or commod-
ities shall be based upon a review of relevant factors as determined by
the council including costs and benefits to be derived from such addi-
tion and shall include an analysis by the office [of general] FOR
PROCUREMENT services conducted pursuant to subdivision six of this
section. Unless the state procurement council shall make a recommenda-
tion to the [commissioner] CHIEF PROCUREMENT OFFICER on any such appli-
cation within one hundred twenty days of receipt thereof, such applica-
tion shall be deemed recommended. In the event that the state
procurement council shall deny any such application, the commissioner or
non-profit-making agency which submitted such application may, within
thirty days of such denial, appeal such denial to the [commissioner of
general services] CHIEF PROCUREMENT OFFICER who shall review all materi-
als submitted to the state procurement council with respect to such
application and who may request such further information or material as
is deemed necessary. Within sixty days of receipt of all information or
materials deemed necessary, the [commissioner] CHIEF PROCUREMENT OFFICER
shall render a written final decision on the application which shall be
binding upon the applicant and upon the state procurement council.
c. The list maintained by the office [of general] FOR PROCUREMENT
services pursuant to paragraph a of this subdivision shall be revised as
necessary to reflect the additions and deletions of commodities and
services approved by the state procurement council.
S. 56--A 65 A. 156--A
(i) state agencies or political subdivisions or public benefit corpo-
rations having their own purchasing agency shall make reasonable efforts
to provide a notification describing their requirements to those
preferred sources, or to the facilitating entity identified in paragraph
e of subdivision six of this section, which provide the required
services as indicated on the official public list maintained by the
office [of general] FOR PROCUREMENT services pursuant to subdivision
three of this section;
c. Such qualified charitable non-profit-making agencies for the blind
and other severely disabled may make purchases of materials, equipment
or supplies, except printed material, from centralized contracts for
commodities in accordance with the conditions set by the office [of
general] FOR PROCUREMENT services; provided that the qualified charita-
ble non-profit-making agency for the blind or other severely disabled
shall accept sole responsibility for any payment due the vendor.
f. The [commissioner] CHIEF PROCUREMENT OFFICER may request the state
comptroller to conduct audits and examinations to be made of all
records, books and data of any agency for the blind or the other severe-
ly disabled, any special employment program for mentally ill persons or
any veterans' workshops qualified under this section to determine the
costs of manufacture or the rendering of services and the manner and
efficiency of production and administration of such agency or special
employment program or veterans' workshop with relation to any product or
services purchased by a state agency or political subdivision or public
benefit corporation and to furnish the results of such audit and exam-
ination to the [commissioner] CHIEF PROCUREMENT OFFICER for such action
as he or she may deem appropriate under this section.
b. The council shall report to the governor, legislative fiscal
committees and the director of the budget by December thirty-first,
nineteen hundred ninety-five and thereafter annually, a separate list
concerning the denial of any application made pursuant to paragraph
[(b)] B of subdivision three of this section, the reasons for such
denial, whether such denial was appealed to the [commissioner] CHIEF
PROCUREMENT OFFICER, and the final decision by the [commissioner] CHIEF
PROCUREMENT OFFICER on such application.
S 4. Section 163 of the state finance law, as added by chapter 83 of
the laws of 1995, paragraphs c and h of subdivision 1, paragraph c of
subdivision 9 and paragraphs b and e of subdivision 10 as amended,
subparagraphs (viii), (ix), (x) and (xi) of paragraph b of subdivision
3, subparagraph (ii) of paragraph b of subdivision 4, subdivision 6-b
and paragraph (vi) of subdivision 14 as added, subparagraph (i) of para-
graph b of subdivision 4 as designated, subdivision 7 as separately
amended by sections 12 and 20 and paragraph (vii) of subdivision 14 as
renumbered by chapter 137 of the laws of 2008, subparagraph (iv) of
paragraph a of subdivision 3 as amended by chapter 430 of the laws of
1997, subparagraph (vii) of paragraph b of subdivision 3 as added by
chapter 584 of the laws of 2005, subparagraph (iii) of paragraph b of
subdivision 3, paragraph e of subdivision 4, subdivision 8, paragraphs e
and g of subdivision 9, paragraph c of subdivision 10 and subdivision 14
as amended and subparagraphs (v) and (vi) of paragraph b of subdivision
3 as added by chapter 95 of the laws of 2000, paragraph g of subdivision
4 and paragraphs (v) and (vii) of subdivision 14 as added by chapter 10
of the laws of 2006, subdivision 6 as amended by section 3 and subdivi-
sion 6-a as added by section 4 of part D of chapter 56 of the laws of
2006 and paragraph f of subdivision 9 as amended by chapter 1 of the
laws of 2005, is amended to read as follows:
S. 56--A 66 A. 156--A
S 163. Purchasing services and commodities. 1. Definitions. For the
purposes of this section, the following terms shall have the following
meanings unless otherwise specified:
a. "Consortium" means like entities which agree to collectively
purchase commodities at a lower price than would be otherwise achievable
through purchase by such entities pursuant to other provisions of this
article.
b. "Emergency" means an urgent and unexpected requirement where health
and public safety or the conservation of public resources is at risk.
c. "Responsible" or "responsibility" means the financial ability,
legal capacity, integrity, and past performance of a business entity and
as such terms have been interpreted relative to public procurements.
d. "Responsive" means a bidder or other offerer meeting the minimum
specifications or requirements as prescribed in a solicitation for
commodities or services by a state agency.
e. "Specification" or "requirement" means any description of the phys-
ical or functional characteristics or the nature of a commodity or
construction item, any description of the work to be performed, the
service or products to be provided, the necessary qualifications of the
offerer,the capacity and capability of the offerer to successfully carry
out the proposed contract, or the process for achieving specific results
and/or anticipated outcomes or any other requirement necessary to
perform the work. It may include a description of any obligatory test-
ing, inspection or preparation for delivery and use, and may include
federally required provisions and conditions where the eligibility for
federal funds is conditioned upon the inclusion of such federally
required provisions and conditions. Specifications shall be designed to
enhance competition, ensuring the commodities or services of any offerer
are not given preference except where required by this article.
f. "Procurement record" means documentation of the decisions made and
the approach taken in the procurement process.
g. "Sole source" means a procurement in which only one offerer is
capable of supplying the required commodities or services.
h. "Single source" means a procurement in which although two or more
offerers can supply the required commodities or services, the [commis-
sioner] CHIEF PROCUREMENT OFFICER or state agency, upon written findings
setting forth the material and substantial reasons therefor, may award a
contract or non-technical amendment to a contract to one offerer over
the other. The [commissioner] CHIEF PROCUREMENT OFFICER or state agency
shall document in the procurement record the circumstances leading to
the selection of the vendor, including the alternatives considered, the
rationale for selecting the specific vendor and the basis upon which it
determined the cost was reasonable.
i. "Lowest price" means the basis for awarding contracts for commod-
ities among responsive and responsible offerers.
j. "Best value" means the basis for awarding contracts for services to
the offerer which optimizes quality, cost and efficiency, among respon-
sive and responsible offerers. Such basis shall reflect, wherever possi-
ble, objective and quantifiable analysis.
2. Operating principles. The objective of state procurement is to
facilitate each state agency's mission while protecting the interests of
the state and its taxpayers and promoting fairness in contracting with
the business community. The state's procurement process shall be guided
by the following principles:
a. To promote purchasing from responsive and responsible offerers,
including small businesses.
S. 56--A 67 A. 156--A
b. To be based on clearly articulated procedures which require a clear
statement of product specifications, requirements or work to be
performed; a documentable process for soliciting bids, proposals or
other offers; a balanced and fair method, established in advance of the
receipt of offers, for evaluating offers and awarding contracts;
contract terms and conditions that protect the state's interests and
promote fairness in contracting with the business community; and a regu-
lar monitoring of vendor performance.
c. To encourage the investment of the private and not-for-profit
sectors in New York state by making reasonable efforts to ensure that
offerers are apprised of procurement opportunities; by specifying the
elements of a responsive bid and disclosing the process for awarding
contracts including, if applicable, the relative importance and/or
weight of cost and the overall technical criterion for evaluating
offers; and by ensuring the procurement is conducted accordingly.
d. To ensure that contracts are awarded consistent with the best
interests of the state.
e. To ensure that officers and employees of state entities do not
benefit financially or otherwise from the award of state contracts.
f. To ensure regular and critical review of the efficiency, integrity
and effectiveness of the overall process.
3. General provisions for purchasing commodities.
a. State agency procurement practices for commodities shall incorpo-
rate the following:
(i) The purchase of commodities by state agencies including the office
[of general] FOR PROCUREMENT services shall be conducted in a manner
which accords first priority to preferred sources in accordance with the
provisions of this article, second priority to centralized contracts,
third priority to agency or multi-agency established contracts and
fourth priority to other means of contracting.
(ii) Commodities contracts shall be awarded on the basis of lowest
price to a responsive and responsible offerer; or, in the case of multi-
ple awards, in accordance with paragraph c of subdivision ten of this
section.
(iii) The [commissioner] CHIEF PROCUREMENT OFFICER shall be responsi-
ble for the standardization and centralized purchase of commodities
required by state agencies in a manner which maximizes the purchasing
value of public funds.
(iv) The [commissioner] CHIEF PROCUREMENT OFFICER is authorized to
permit any officer, body or agency of the state or of a political subdi-
vision or a district therein, or fire company or volunteer ambulance
service as such are defined in section one hundred of the general munic-
ipal law, to make purchases of commodities through the office [of gener-
al] FOR PROCUREMENT services' centralized contracts, pursuant to the
provisions of section one hundred four of the general municipal law. The
[commissioner] CHIEF PROCUREMENT OFFICER is authorized to permit any
county extension service association as authorized under subdivision
eight of section two hundred twenty-four of the county law, or any asso-
ciation or other entity as specified in and in accordance with section
one hundred nine-a of the general municipal law, or any other associ-
ation or entity as specified in state law, to make purchases of commod-
ities through the office [of general] FOR PROCUREMENT services' central-
ized contracts; provided, however, that such entity so empowered shall
accept sole responsibility for any payment due with respect to such
purchase.
S. 56--A 68 A. 156--A
(v) Consistent with guidelines issued by the state procurement coun-
cil, state agencies may competitively purchase commodities procured in
accordance with this article in lieu of using centralized contracts when
the resultant price is less than the centralized contract price.
(vi) When justified by price, state agencies, and hospitals and facil-
ities managed and controlled by state agencies eligible pursuant to
section twenty-eight hundred three-a of the public health law, shall be
eligible to make purchases pursuant to guidelines issued by the state
procurement council from a consortium or comparable entity in lieu of
using centralized contracts for commodities.
(vii) The [commissioner] CHIEF PROCUREMENT OFFICER is authorized to
enter into contracts pursuant to the provisions of section twenty-eight
hundred three-a of the public health law.
(viii) The [commissioner] CHIEF PROCUREMENT OFFICER may permit and
prescribe the conditions for, (A) any association, consortium or group
of privately owned or municipal, federal or state owned or operated
hospitals, medical schools, other health related facilities or voluntary
ambulance services, which have entered into a contract and made mutual
arrangements for the joint purchase of commodities pursuant to section
twenty-eight hundred three-a of the public health law; (B) any institu-
tion for the instruction of the deaf or of the blind listed in section
forty-two hundred one of the education law; (C) any qualified non-pro-
fit-making agency for the blind approved by the commissioner of social
services; (D) any qualified charitable non-profit-making agency for the
severely disabled approved by the commissioner of education; (E) any
hospital or residential health care facility as defined in section twen-
ty-eight hundred one of the public health law; (F) any private not-for-
profit mental hygiene facility as defined in section 1.03 of the mental
hygiene law; and (G) any public authority or public benefit corporation
of the state, including the port authority of New York and New Jersey
and the interstate environmental commission, to make purchases using
centralized contracts for commodities. Such qualified non-profit-making
agencies for the blind and severely disabled may make purchases from the
department of correctional services' correctional industries program
subject to rules pursuant to the correction law.
b. The [commissioner] CHIEF PROCUREMENT OFFICER shall:
(i) determine, in cooperation with the state procurement council and
state agencies, the identity, form, function and utility of those
commodities which shall be made available on or through centralized
contracts. Criteria may include, but need not be limited to, the avail-
ability of a volume discount, prior use of the commodity among state
agencies and the relative cost of establishing the contract, its antic-
ipated use and expected actual savings for the state. The [commissioner]
CHIEF PROCUREMENT OFFICER may also act as a broker for state agencies to
procure commodities.
(ii) determine the number and scope of centralized contracts for
commodities to be let during any period, including the letting of multi-
ple contracts to ensure the sufficient variety and uninterrupted avail-
ability of commodities for state agency use.
(iii) maintain lists of firms which produce or manufacture or offer
for sale commodities in the form, function and utility required by state
agencies. The [commissioner] CHIEF PROCUREMENT OFFICER shall ensure such
lists are updated regularly. With the assistance of the department of
economic development and other state agencies, beginning on July first,
two thousand one, ensure the availability to all authorized purchasers
of a centralized list which identifies commodities offered by New York
S. 56--A 69 A. 156--A
state's small businesses and a centralized list which identifies commod-
ities and services offered by businesses certified pursuant to article
fifteen-A of the executive law. Such lists shall be updated semiannually
and designed to enable effective identification of New York state's
small businesses and businesses certified pursuant to article fifteen-A
of the executive law.
(iv) ensure the specification of commodities for centralized contracts
reflect the form, function and utility required by state agencies and
conform, wherever possible, to industry standards. Where necessary, the
[commissioner] CHIEF PROCUREMENT OFFICER may develop specifications for
commodities. When not otherwise forthcoming from a particular firm or
industry, the [commissioner] CHIEF PROCUREMENT OFFICER may request
information from businesses for the purpose of establishing or improving
a specification. The office [of general] FOR PROCUREMENT services may
assist agencies in developing specifications for agency-procured commod-
ity contracts when industry standards are not available or appropriate.
In all cases, specifications shall be consistent with the requirements
of state agencies.
(v) With the assistance of the department of economic development and
other state agencies, provide a training program once per year, in each
economic development region, as established in article eleven of the
economic development law, beginning January first, two thousand one, for
those businesses certified pursuant to article fifteen-A of the execu-
tive law and those interested in becoming certified. Such training
program shall provide assistance with respect to participation as a
vendor in the procurement process, as established in this article.
(vi) With the assistance of the department of economic development and
other state agencies, provide training once per year for staff of each
state agency's minority and women business development office, or if an
agency does not have such an office, then an agency's representative.
Such training program shall consist of a meeting with such agencies'
representatives to inform each agency of how to encourage procurement of
commodities and services from businesses certified pursuant to article
fifteen-A of the executive law.
(vii) maintain a list of contractors which produce or manufacture or
offer for sale environmentally-sensitive cleaning and maintenance
products in the form, function and utility generally used by elementary
and secondary schools in accordance with specifications or guidelines
promulgated pursuant to section four hundred nine-i of the education
law.
(viii) review and consider prior to issuance of bid solicitations the
term of the proposed contract based on factors, including, but not
limited to; (A) the nature of the commodity, (B) the complexity of the
procurement, (C) the identity and type of purchasers, (D) the suitabil-
ity of the contract for adding additional contractors during the term,
and (E) the estimated contract value. This determination shall be docu-
mented in the procurement record.
(ix) reasonably consider aggregate amount of public sales by potential
vendors.
(x) review and consider the feasibility of creating regional contracts
for commodities being procured by the state.
(xi) maintain a procurement record for each centralized contract
procurement identifying, with supporting documentation, decisions made
by the [commissioner] CHIEF PROCUREMENT OFFICER during the procurement
process. The procurement record shall include, but not be limited to,
each contract amendment, and the justification for each.
S. 56--A 70 A. 156--A
c. When commodities are not available in the form, function and utili-
ty required by state agencies through preferred sources or centralized
contracts, a state agency may, independently or in conjunction with
other state agencies, procure commodities in accordance with the
provisions of this section. State agencies may maintain listings of
firms, including those certified pursuant to article fifteen-A of the
executive law, or may use the office [of general] FOR PROCUREMENT
services' listing of firms and may request assistance from the office
[of general] FOR PROCUREMENT services. It shall be the responsibility of
state agencies to periodically advise the office [of general] FOR
PROCUREMENT services of those agency-procured commodities which, due to
the frequency of purchase or related factors, should be made available
through centralized contracts.
d. The [commissioner] CHIEF PROCUREMENT OFFICER may make, or cause to
be made by a duly authorized representative, any investigation which he
or she may deem proper for acquiring the necessary information from a
state agency for the exercise of his or her powers and duties under this
subdivision. For such purposes the [commissioner] CHIEF PROCUREMENT
OFFICER may subpoena and compel the attendance of witnesses before him
or her, or an authorized representative, and may compel the production
of books, papers, records or documents. The commissioner or a duly
authorized representative may take and hear proofs and testimony and,
for that purpose, the [commissioner] CHIEF PROCUREMENT OFFICER or the
duly authorized representative may administer oaths. In addition, the
[commissioner] CHIEF PROCUREMENT OFFICER or the duly authorized repre-
sentative:
(i) Shall have access at all reasonable times to offices of state
agencies;
(ii) May examine all books, papers, records and documents in any such
state agency as pertain directly to the purchase, control or distrib-
ution of commodities; and
(iii) May require any state agency to furnish such data, information
or statement as may be necessary.
4. General provisions for purchasing services. State agency procure-
ment practices for services shall incorporate the following:
a. The purchase of services by state agencies including the office [of
general] FOR PROCUREMENT services shall be conducted in a manner which
accords first priority to preferred sources in accordance with the
provisions of this article when the services required are available in
the form, function and utility required by state agencies through a
preferred source.
b. (i) Centralized contracts for services may be procured by the
office [of general] FOR PROCUREMENT services at the request of state
agencies and state agencies may when such centralized contracts are in
the form, function or utility required by said agency, purchase from
established centralized contracts. The state procurement council may,
from time to time, require that state agencies procure services from
certain centralized contracts.
(ii) The [commissioner] CHIEF PROCUREMENT OFFICER shall:
(A) review and consider prior to issuance of bid solicitations the
term of the proposed contract based on factors, including, but not
limited to, (a) the nature of the service, (b) the complexity of the
procurement, (c) the identity and type of purchasers, (d) the suitabil-
ity of the contract for adding additional contractors during the term,
and (e) the estimated contract value. This determination shall be docu-
mented in the procurement record.
S. 56--A 71 A. 156--A
(B) reasonably consider the aggregate amount of public sales by poten-
tial vendors.
(C) review and consider the feasibility of creating regional contracts
for services being procured by the state.
(D) maintain a procurement record for each centralized contract
procurement identifying with supporting documentation, decisions made by
the [commissioner] CHIEF PROCUREMENT OFFICER during the procurement
process. The procurement records shall include, but not be limited to,
each contract amendment, and the justification for each.
c. When services are not available from preferred sources consistent
with the provisions of this article in the form, function or utility
required by state agencies, state agencies may procure services inde-
pendently or in conjunction with other state agencies in accordance with
the provisions of this section.
d. Service contracts shall be awarded on the basis of best value to a
responsive and responsible offerer; or, in the case of multiple awards,
in accordance with paragraph c of subdivision ten of this section.
e. Any officer, body or agency of a political subdivision as defined
in section one hundred of the general municipal law or a district there-
in, may make purchases of services through the office [of general] FOR
PROCUREMENT services' centralized contracts for services, subject to the
provisions of section one hundred four of the general municipal law. The
[commissioner] CHIEF PROCUREMENT OFFICER may permit and prescribe the
conditions for the purchase of services through the office [of general]
FOR PROCUREMENT services' centralized contracts for services by any
public authority or public benefit corporation of the state including
the port authority of New York and New Jersey. The [commissioner] CHIEF
PROCUREMENT OFFICER is authorized to permit any public library, associ-
ation library, library system, cooperative library system, the New York
Library Association, and the New York State Association of Library
Boards or any other library except those which are operated by for
profit entities, to make purchases of services through the office [of
general] FOR PROCUREMENT services' centralized contracts; provided,
however, that such entity so empowered shall accept sole responsibility
for any payment due with respect to such purchase.
F. (I) THE STATE PROCUREMENT COUNCIL MAY ISSUE GUIDELINES FOR THE
DEVELOPMENT OF STRATEGIC PARTNERING BETWEEN THE STATE AND NON-STATE
ENTITIES FOR THE ENHANCEMENT OF THE BUSINESS INTERESTS OF THE STATE.
STRATEGIC PARTNERSHIPS MAY BE DEVELOPED DURING THE COURSE OF A LONG-TERM
CONTRACTUAL RELATIONSHIP BETWEEN A STATE AGENCY AND THE CONTRACTOR AND
TAKE THE FORM OF THE JOINT DEVELOPMENT OF NEW COMMODITIES AND SERVICES,
NOT OTHERWISE AVAILABLE, WHICH ARE COST-BENEFICIAL TO THE STATE. STRA-
TEGIC PARTNERSHIPS MAY ALSO INCLUDE THE SHARING OF EXPERTISE, EFFORTS
AND RESOURCES DIRECTED AT PROVIDING GOODS AND SERVICES IN A MANNER WHICH
PROVIDES BEST VALUE TO THE STATE. STRATEGIC PARTNERSHIPS SHALL BE ACCOM-
PLISHED BY AMENDMENT TO EXISTING CONTRACTS, TO MAKE SUCH COMMODITIES,
PROCESSES AND SERVICES AVAILABLE TO THE STATE PROVIDED SUCH APPLICATIONS
ARE COST BENEFICIAL. NINETY DAYS PRIOR TO THE MID-TERM POINT OF EACH
SUCH CONTRACT AMENDMENT BASED UPON A STRATEGIC PARTNERSHIP, EACH STATE
ENTITY INVOLVED IN THE CONTRACT MUST SUBMIT TO THE STATE COMPTROLLER A
DETAILED WRITTEN ANALYSIS REVIEWING EACH OF THE FOLLOWING:
(A) THE CONTINUING VALIDITY OF THE INITIAL JUSTIFICATION DOCUMENTA-
TION, SUBMITTED WITH ORIGINAL CONTRACT AND ANY AMENDMENTS THERETO;
(B) WHETHER THE COMMODITIES OR SERVICES CONTRACTED FOR ARE CURRENTLY
BEING UTILIZED TO THE EXTENT INITIALLY ANTICIPATED;
S. 56--A 72 A. 156--A
(C) A THOROUGH ANALYSIS OF CHANGES IN AVAILABLE TECHNOLOGIES EFFECTING
THE CONTINUING NEED FOR THE COMMODITIES OR SERVICES CURRENTLY BEING
UTILIZED;
(D) NEW PRODUCTS OR SERVICES NOT AVAILABLE AT THE COMMENCEMENT OF THE
CONTRACT WHICH MAY BE MORE COMPATIBLE WITH THE NEEDS OF THE STATE AGENCY
OR AGENCIES INVOLVED;
(E) THE NON-STATE ENTITY HAS PERFORMED SATISFACTORILY THROUGHOUT THE
TERM OF THE CONTRACT; AND
(F) A COST ANALYSIS SETTING FORTH THE REASONABLENESS FOR THE CONTINUA-
TION OF THE CONTRACTUAL RELATIONSHIP WITH THE NON-STATE ENTITY.
(II) THE STATE COMPTROLLER SHALL HAVE NINETY DAYS TO REVIEW SUCH
DOCUMENTATION SUBMITTED BY THE STATE AGENCY AND MAY, DURING THAT PERIOD
OR AT THE END OF SUCH PERIOD, REQUEST ADDITIONAL INFORMATION FROM THE
STATE AGENCY. FURTHER, THE COMPTROLLER MAY TRANSMIT WRITTEN SUGGESTIONS
OF POSSIBLE MODIFICATIONS TO BE CONSIDERED BY THE STATE AGENCY TO THE
CONTRACT OR ANY AMENDMENT THERETO.
(III) GUIDELINES MUST INCLUDE THE DEFINITION OF A STRATEGIC PARTNER-
SHIP, THE CONDITIONS UNDER WHICH SUCH A PARTNERSHIP PROVIDES THE STATE
WITH BEST VALUE ACQUISITIONS, THE MINIMUM EXPECTED OUTCOMES AND THE
ALLOWABLE TERM. APPROVAL OF A STRATEGIC PARTNERING ARRANGEMENT SHALL BE
DEPENDENT ON A WRITTEN FINDING ISSUED BY THE COMMISSIONER OF THE STATE
AGENCY THAT THE NON-STATE ENTITY HAS PERFORMED SATISFACTORILY WITH THE
STATE AND THAT SUCH AN ARRANGEMENT IS IN THE BEST INTEREST OF THE STATE
IN ACCORDANCE WITH THE STATE PROCUREMENT COUNCIL GUIDELINES AND SUBJECT
TO THE APPROVAL OF THE STATE COMPTROLLER.
g. All state agencies shall require all contractors, including sub-
contractors, that provide services for state purposes pursuant to a
contract, to submit an annual employment report for each contract for
services that includes for each employment category within the contract
the number of employees employed to provide services under the contract,
the number of hours they work and their total compensation under the
contract. Employment reports shall be submitted to the agency that
awarded the contract, the department of civil service and the department
of audit and control and shall be available for public inspection and
copying pursuant to section eighty-seven of the public officers law
provided that in disclosing such reports pursuant to the public officers
law, the agency making the disclosure shall redact the name or social
security number of any individual employee that is included in such
document.
5. Process for conducting state procurements. The process for conduct-
ing state procurements for services and commodities shall be as follows:
a. Determination of need. State agencies shall be responsible for
determining the need for a given service or commodity:
(i) For commodities, upon such determination of need, state agencies
shall ascertain whether the commodity is available in the form, function
and utility consistent with their needs from preferred sources and if
so, shall purchase said commodity from a preferred source in accordance
with the provisions of this article. If not so available, state agencies
shall determine whether the commodity is available in the form, function
and utility consistent with their needs on a centralized contract and if
so, except as provided in subparagraph (v) of paragraph a of subdivision
three of this section, shall purchase said commodity using the central-
ized contract. If a commodity is not available in the form, function and
utility consistent with the needs of the state agency from a preferred
source or a centralized contract or as provided for in subparagraph (v)
of paragraph a of subdivision three of this section, the state agency
S. 56--A 73 A. 156--A
may procure the commodity independently or in conjunction with another
state agency in accordance with paragraph c of subdivision three of this
section.
(ii) For services, upon such determination of need, state agencies
shall ascertain whether the service is available in the form, function
and utility consistent with their needs from preferred sources and, if
so, shall purchase said service through the preferred source in accord-
ance with the provisions of this article. If not so available, state
agencies may:
(A) Purchase the service if it is available in the form, function and
utility consistent with their needs using an established centralized
contract procured by either the office [of general] FOR PROCUREMENT
services or another state agency;
(B) Request that the office [of general] FOR PROCUREMENT services
procure such a service, particularly with respect to those services
having utility and/or benefit to more than one state agency; or
(C) Procure the service independently or in conjunction with another
state agency.
b. The state procurement council may, from time to time, require state
agencies to procure certain services from centralized contracts.
6. Discretionary buying thresholds. Pursuant to guidelines established
by the state procurement council: the [commissioner] CHIEF PROCUREMENT
OFFICER may purchase services and commodities in an amount not exceeding
eighty-five thousand dollars without a formal competitive process; state
agencies may purchase services and commodities in an amount not exceed-
ing fifty thousand dollars without a formal competitive process; and
state agencies may purchase commodities or services from small business
concerns or those certified pursuant to article fifteen-A of the execu-
tive law, or commodities or technology that are recycled or remanufac-
tured, in an amount not exceeding one hundred thousand dollars without a
formal competitive process.
6-a. Discretionary purchases. Notwithstanding the provisions of subdi-
vision two of section one hundred twelve of this chapter relating to the
dollar threshold requiring the state comptroller's approval of
contracts, the [commissioner of general services] CHIEF PROCUREMENT
OFFICER may make purchases or enter into contracts for the acquisition
of commodities and services having a value not exceeding eighty-five
thousand dollars without prior approval by any other state officer or
agency in accordance with procedures and requirements set forth in this
article. Notwithstanding the provisions of article four-C of the econom-
ic development law, the [commissioner of general services] CHIEF
PROCUREMENT OFFICER may make purchases or enter into contracts for the
acquisition of commodities and services having a value not exceeding
thirty thousand dollars without prior approval by any other state offi-
cer or agency in accordance with procedures and requirements set forth
in this article.
6-b. Determination of threshold amount. For determination of threshold
amount purposes of determining whether a purchase is within the discre-
tionary thresholds established by subdivision six of this section, the
commissioner and state agencies shall consider the reasonably expected
aggregate amount of all purchases of the same commodities or services to
be made within the twelve-month period commencing on the date of
purchase. Purchases of services or commodities shall not be artificially
divided for the purpose of satisfying the discretionary buying thresh-
olds established by subdivision six of this section. A change to or a
renewal of a discretionary purchase shall not be permitted if the change
S. 56--A 74 A. 156--A
or renewal would bring the reasonably expected aggregate amount of all
purchases of the same commodities or services from the same provider
within the twelve-month period commencing on the date of the first
purchase to an amount greater than the discretionary buying threshold
amount.
7. Method of procurement. Consistent with the requirements of subdivi-
sions three and four of this section, state agencies shall select among
permissible methods of procurement including, but not limited to, an
invitation for bid, request for proposals or other means of solicitation
pursuant to guidelines issued by the state procurement council. State
agencies may accept bids electronically and may, for technology
contracts only, require electronic submission as the sole method for the
submission of bids for the solicitation, provided that the agency has
made a determination, which shall be documented in the procurement
record, that such method affords a fair and equal opportunity for offer-
ers to submit responsive offers. Except where otherwise provided by law,
procurements shall be competitive, and state agencies shall conduct
formal competitive procurements to the maximum extent practicable. State
agencies shall document the determination of the method of procurement
and the basis of award in the procurement record. Where the basis for
award is the best value offer, the state agency shall document, in the
procurement record and in advance of the initial receipt of offers, the
determination of the evaluation criteria, which whenever possible, shall
be quantifiable, and the process to be used in the determination of best
value and the manner in which the evaluation process and selection shall
be conducted.
8. Public notice. All procurements by state agencies in excess of
fifteen thousand dollars shall be advertised in the state's procurement
opportunities newsletter in accordance with article four-C of the
economic development law.
9. Soliciting and accepting offers. For purchases from sources other
than preferred sources and for purchases in excess of the discretionary
buying threshold established in subdivision six of this section:
a. The [commissioner] CHIEF PROCUREMENT OFFICER or a state agency
shall select a formal competitive procurement process in accordance with
guidelines established by the state procurement council and document its
determination in the procurement record. The process shall include, but
is not limited to, a clear statement of need; a description of the
required specifications governing performance and related factors; a
reasonable process for ensuring a competitive field; a fair and equal
opportunity for offerers to submit responsive offers; and a balanced and
fair method of award. Where the basis for the award is best value,
documentation in the procurement record shall, where practicable,
include a quantification of the application of the criteria to the
rating of proposals and the evaluation results, or, where not practica-
ble, such other justification which demonstrates that best value will be
achieved.
b. The solicitation shall prescribe the minimum specifications or
requirements that must be met in order to be considered responsive and
shall describe and disclose the general manner in which the evaluation
and selection shall be conducted. Where appropriate, the solicitation
shall identify the relative importance and/or weight of cost and the
overall technical criterion to be considered by a state agency in its
determination of best value.
c. Where provided in the solicitation, state agencies may require
clarification from offerers for purposes of assuring a full understand-
S. 56--A 75 A. 156--A
ing of responsiveness to the solicitation requirements. Where provided
for in the solicitation, revisions may be permitted from all offerers
determined to be susceptible of being selected for contract award, prior
to award. Offerers shall be accorded fair and equal treatment with
respect to their opportunity for discussion and revision of offers. A
state agency shall, upon request, provide a debriefing to any unsuccess-
ful offerer that responded to a request for proposal or an invitation
for bids, regarding the reasons that the proposal or bid submitted by
the unsuccessful offerer was not selected for an award. The opportunity
for an unsuccessful offerer to seek a debriefing shall be stated in the
solicitation, which shall provide a reasonable time for requesting a
debriefing.
d. All offers may be rejected. Where provided in the solicitation,
separable portions of offers may be rejected.
e. Every offer shall be firm and not revocable for a period of sixty
days from the bid opening, or such other period of time specified in the
solicitation to the extent not inconsistent with section 2-205 of the
uniform commercial code. Subsequent to such sixty day or other specified
period, any offer is subject to withdrawal communicated in a writing
signed by the offeror.
f. Prior to making an award of contract, each state agency shall make
a determination of responsibility of the proposed contractor which shall
supplement, as appropriate, but not supersede the determination of
responsibility that may be required pursuant to section one hundred
thirty-nine-k of this chapter.
g. A procurement record shall be maintained for each procurement iden-
tifying, with supporting documentation, decisions made by the commis-
sioner or state agency during the procurement process. The procurement
record shall include, but not be limited to each contract amendment and
the justification for each.
10. Letting of contracts. Contracts for commodities shall be awarded
on the basis of lowest price to a responsive and responsible offerer.
Contracts for services shall be awarded on the basis of best value from
a responsive and responsible offerer. Multiple awards for services and
commodities shall be conducted in accordance with paragraph c of this
subdivision.
a. Selection and award shall be a written determination in the
procurement record made by the [commissioner] CHIEF PROCUREMENT OFFICER
or a state agency in a manner consistent with the provisions of the
solicitation. In the event two offers are found to be substantially
equivalent, price shall be the basis for determining the award recipient
or, when price and other factors are found to be substantially equiv-
alent, the determination of the [commissioner] CHIEF PROCUREMENT OFFICER
or agency head to award a contract to one or more of such bidders shall
be final. The basis for determining the award shall be documented in the
procurement record.
b. (i) Single or sole source procurements for services or commodities,
or procurements made to meet emergencies arising from unforeseen causes,
may be made without a formal competitive process and shall only be made
under unusual circumstances and shall include a determination by the
commissioner or the state agency that the specifications or requirements
for said purchase have been designed in a fair and equitable manner. The
purchasing agency shall document in the procurement record, subject to
review by the state comptroller, the bases for a determination to
purchase from a single source or sole source, or the nature of the emer-
gency giving rise to the procurement.
S. 56--A 76 A. 156--A
(ii) State agencies shall minimize the use of single source procure-
ments and shall use single source procurements only when a formal
competitive process is not feasible. State agencies shall document in
the procurement record the circumstances and the material and substan-
tial reasons why a formal competitive process is not feasible. The term
of a single source procurement contract shall be limited to the minimum
period of time necessary to ameliorate the circumstances which created
the material and substantial reasons for the single source award. Not
later than thirty days after the contract award, state agencies shall,
for all single source procurement contracts, make available for public
inspection on the agency website, a summary of the circumstances and
material and substantial reasons why a competitive procurement is not
feasible. Any information which the contracting agency is otherwise
prohibited by law from disclosing pursuant to sections eighty-seven and
eighty-nine of the public officers law, shall be redacted from the
documentation published on the agency website.
c. The [commissioner] CHIEF PROCUREMENT OFFICER or state agency may
elect to award a contract to one or more responsive and responsible
offerers provided, however, that the basis for the selection among
multiple contracts at the time of purchase shall be the most practical
and economical alternative and shall be in the best interests of the
state, and further provided that the requirements set forth herein shall
not preclude the [commissioner] CHIEF PROCUREMENT OFFICER from estab-
lishing multiple award contracts for reasons including increased oppor-
tunities for small businesses to participate in state contracts.
d. It shall be in the discretion of the [commissioner] CHIEF PROCURE-
MENT OFFICER or state agency to require a bond or other guarantee of
performance, and to approve the amount, form and sufficiency thereof.
e. The [commissioner] CHIEF PROCUREMENT OFFICER may authorize
purchases required by state agencies or other authorized purchasers by
letting a contract pursuant to a written agreement, or by approving the
use of a contract let by any department, agency or instrumentality of
the United States government and/or any department, agency, office,
political subdivision or instrumentality of any state or states. A state
agency purchaser shall document in the procurement record its rationale
for the use of a contract let by any department, agency or instrumental-
ity of the United States government or any department, agency, office,
political subdivision or instrumentality of any other state or states.
Such rationale shall include, but need not be limited to, a determi-
nation of need, a consideration of the procurement method by which the
contract was awarded, an analysis of alternative procurement sources
including an explanation why a competitive procurement or the use of a
centralized contract let by the [commissioner] CHIEF PROCUREMENT OFFICER
is not in the best interest of the state, and the reasonableness of
cost.
f. The [commissioner] CHIEF PROCUREMENT OFFICER is authorized to let
centralized contracts, in accordance with the procedures of this
section, for joint purchasing by New York state and any department,
agency or instrumentality of the United States government and/or any
state including the political subdivisions thereof; provided however
that any entity incurring a liability under such contract shall be
responsible for discharging said liability.
11. Reasonableness of results. It shall be the responsibility of the
head of each state agency to periodically sample the results of the
procurement process to test for reasonableness; to ensure that the
results withstand public scrutiny and that the quality and the price of
S. 56--A 77 A. 156--A
the purchase makes sense; and to ensure that purchasing is conducted in
a manner consistent with the best interests of the state.
12. Review by the office of the state comptroller. Review by the
office of the state comptroller shall be in accordance with section one
hundred twelve of this chapter.
13. Technological procurement improvements. The state procurement
council may request that the office [of general] FOR PROCUREMENT
services provide, or recommend to the state comptroller to provide for
the utilization of technological advances and efficiencies in the
procurement process including, but not limited to, electronic ordering
and payment, procurement cards and similar improvements.
14. Reporting. To support prudent procurement management, oversight
and policy-making, the department of audit and control shall report
annually on a fiscal year basis by July first of the ensuing year to the
state procurement council, the governor, and the legislative fiscal
committees providing data concerning active procurement contracts above
fifteen thousand dollars, including but not limited to:
(i) a listing of individual and centralized contracts, including
vendor name, comptroller approval dates, dollar value of such contracts,
the state agency which let the contract and/or state agencies which
purchased off centralized contracts, expenditures made on each such
contract and by which agencies during the fiscal year and life to date,
citing contract category codes, source selection method, including
"lowest price", "best value", sole source, single source, negotiated and
emergency procurement subtotaled by agency and by type of commodity or
service;
(ii) frequency of contracts awarded during this fiscal year by number
of bids/proposals and source selection method;
(iii) number of contracts disapproved by the department of audit and
control during the fiscal year and reasons for disapproval by agency and
by source selection method, number and outcome of bid protests; and
(iv) a summary report listing total number and amount of contracts
awarded for the prior fiscal year and total year-to-date expenditures
for all contracts, with subtotals by agency and major contract category
including, but not limited to, consultant, construction, equipment,
grants, leases, land claim, miscellaneous services, printing, repayment
agreements, revenue agreements, intergovernmental agreements, and
commodities; a comparison of centralized and agency contracts by number
of contracts, number of agencies purchasing off of centralized contracts
or entering into contracts, contract amounts and year-to-date expendi-
tures; comparison of contracts by source selection method by number of
contracts, contract amounts, and year-to-date expenditures.
(v) for each contract for services for state purposes: the number of
employees, by employment category within the contract, employed to
provide services under the contract, the number of hours they work and
their total compensation under the contract;
(vi)(a) state agencies shall report annually on a fiscal year basis by
July first of the ensuing year to the state procurement council, the
governor, the legislative fiscal committees and the state comptroller
the total number and total dollar value of single source contracts
awarded by the agency during the fiscal year, and the percentage that
such contracts represent of the agency's total number and total dollar
value of contract awards during the reporting period.
(b) each state agency shall include with its report an assessment by
the agency head of the agency's efforts to minimize the award of single
source contracts;
S. 56--A 78 A. 156--A
(vii) all reports required under this paragraph shall be available for
public inspection and copying pursuant to section eighty-seven of the
public officers law provided that in disclosing such reports pursuant to
the public officers law, the agency making the disclosure shall redact
the name or social security number of any individual employee that is
included in such document.
S 4-a. Section 163-b of the state finance law, as added by chapter
584 of the laws of 2005, is amended to read as follows:
S 163-b. Environmentally-sensitive cleaning and maintenance products.
The [commissioner of general services] CHIEF PROCUREMENT OFFICER shall
maintain a list of contractors which produce or manufacture or offer for
sale environmentally-sensitive cleaning and maintenance products in the
form, function and utility generally used by elementary and secondary
schools in accordance with specifications or guidelines promulgated
pursuant to section four hundred nine-i of the education law.
S 5. Section 163-c of the state finance law, as added by section 1 of
part F of chapter 56 of the laws of 2008, is amended to read as follows:
S 163-c. Centralized procurement contract fee. 1. For purposes of this
section, the following terms shall have the specified meanings:
a. "Authorized user" means any person or entity authorized to
purchase:
(i) commodities under a centralized contract pursuant to subparagraph
(iv) or subparagraph (viii) of paragraph a of subdivision three of
section one hundred sixty-three of this article; or
(ii) services or technology under a centralized contract ESTABLISHED
BY THE CHIEF PROCUREMENT OFFICER pursuant to paragraph b or e of subdi-
vision four of section one hundred sixty-three of this article.
b. "Centralized contract" means contracts for the purchase of commod-
ities, services or technology, established by the [commissioner of
general services] CHIEF PROCUREMENT OFFICER.
c. "Electronic" means of or relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic, or similar capa-
bilities.
2. The [commissioner of general services] CHIEF PROCUREMENT OFFICER
shall require that contractors selected to offer centralized contracts
through the state for commodities, services or technology add to the
price in all such contracts a centralized procurement contract fee equal
to one-half of one percent of the price to be reported through sales
reports to the office [of general] FOR PROCUREMENT services. The follow-
ing types of contracts may be exempted from the centralized procurement
contract fee:
a. federal, other public jurisdictions' or multi-state contracts or
schedules adopted by the state pursuant to paragraphs e and f of subdi-
vision ten of section one hundred sixty-three of this article,
b. centralized contracts where an administrative fee is included as a
contract requirement.
3. Each contractor collecting the fee imposed pursuant to subdivision
two of this section shall:
a. electronically pay over to the department of taxation and finance
all fees collected quarterly, on or before the forty-fifth day following
the last day of each calendar quarter; provided, however, that if the
contractor fails to collect the fee from the authorized user on a
purchase under a centralized contract, then the contractor shall be
responsible for electronically paying the fee over to the department of
taxation and finance; and
S. 56--A 79 A. 156--A
b. electronically file a return with the department of taxation and
finance quarterly, containing such information as the commissioner of
taxation and finance shall prescribe. The return shall be due on or
before the forty-fifth day following the last day of each calendar quar-
ter. If no authorized users made purchases from a contractor selected to
offer a centralized contract during the calendar quarter for which the
return is required to be filed, then the contractor shall electronically
file a return indicating that no purchases were made during that quar-
ter. Information contained in, or derived from, the returns required to
be filed pursuant to this paragraph shall not be covered by the secrecy
provisions of the tax law.
A contractor shall be exempt from the mandatory electronic payment and
electronic filing requirements prescribed by paragraph a and paragraph b
of this subdivision if the contractor notifies the office of general
services, in a manner to be determined by such office, that it cannot
reasonably comply with such electronic payment and electronic filing
requirements. In such case, the contractor shall, in lieu of electron-
ically paying over the centralized procurement contract fee and elec-
tronically filing a return with the department of taxation and finance,
pay over such fee by paper check, and file a paper return, with the
office [of general] FOR PROCUREMENT services on or before the forty-
fifth day following the last day of each calendar quarter. The depart-
ment of taxation and finance and the office [of general] FOR PROCUREMENT
services shall mutually develop a means by which the returns received by
the office [of general] FOR PROCUREMENT services pursuant to this para-
graph shall be electronically transmitted to the department of taxation
and finance for purposes of reconciling the information reported on such
returns with fee payments for each calendar quarter.
The office [of general] FOR PROCUREMENT services shall cooperate and
provide the department of taxation and finance with such information as
the department may require regarding contractors selected to offer
centralized contracts, in order to facilitate the department's develop-
ment and implementation of the electronic payment and electronic filing
applications prescribed by paragraph a and paragraph b of this subdivi-
sion. The office [of general] FOR PROCUREMENT services shall work with
the department of taxation and finance to encourage those contractors
not able to use the electronic payment and filing applications
prescribed by paragraph a and paragraph b of this subdivision to do so.
4. Failure to timely and accurately collect and remit the centralized
procurement contract fee as required by subdivision three of this
section may be deemed to constitute a breach of such contract, and the
[commissioner of general services] CHIEF PROCUREMENT OFFICER has the
discretion to terminate such centralized contract with such contractor
for such breach on notice to the contractor.
5. a. If:
(i) a contractor awarded a centralized contract has a past-due, legal-
ly enforceable tax debt or other debt due to a state agency,
(ii) the debt is being offset against a contract payment received from
an authorized user pursuant to the state contract offset program admin-
istered by the office of the state comptroller and the department of
taxation and finance, and
(iii) the past-due, legally enforceable debt is larger than the
contract payment (including the fee imposed by this section), then, the
full amount of the contract payment (including the fee imposed by this
section) shall be applied to the contractor's past-due, legally enforce-
able debt, and the contractor shall remain responsible for filing the
S. 56--A 80 A. 156--A
return and paying over the amount of the fee due on such contract
payment at the time prescribed in subdivision three of this section.
b. If:
(i) a contractor awarded a centralized contract has a past-due, legal-
ly enforceable tax debt or other debt due to a state agency,
(ii) the debt is being offset against a contract payment received from
an authorized user pursuant to the state contract offset program admin-
istered by the office of the state comptroller and the department of
taxation and finance, and
(iii) the past-due, legally enforceable debt is smaller than the
contract payment (including the fee imposed by this section), then, the
amount of the contract payment necessary to fully pay the debt (which
shall include the fee imposed by this section), shall be applied to the
debt, and the contractor shall remain responsible for filing the return
and paying over the amount of the fee due on such contract payment at
the time prescribed in subdivision three of this section.
6. All fees received by the commissioner of taxation and finance and
the [commissioner of general services] CHIEF PROCUREMENT OFFICER pursu-
ant to this section, reduced by amounts approved by the director of the
budget to be retained by the commissioner of taxation and finance to
cover administrative costs and the costs of refunds or reimbursements
required to be made to authorized users under this section, shall be
deposited quarterly to the credit of the general fund of the state. The
commissioner of taxation and finance shall determine an amount for
administrative costs incurred by the department of taxation and finance,
which amount shall represent the reasonable costs of the department of
taxation and finance in administering the program prescribed by this
section. The commissioner of taxation and finance shall also determine
the amount necessary for refunds or reimbursements required to be made
to authorized users under this section, and shall pay such refunds or
reimbursements out of such retained amounts. The commissioner of taxa-
tion and finance shall maintain a system of accounts showing the amount
of money collected and disbursed from the fee imposed by this section.
7. The provisions of article twenty-seven of the tax law shall apply
to the provisions of this section in the same manner and with the same
force and effect as if the language of such article had been incorpo-
rated in full into this section and had expressly referred to the fees
under this section except that the term "fee" or "fees" when used in
this section shall mean "tax" or "taxes" for the purpose of the applica-
tion of article twenty-seven of the tax law as incorporated by this
subdivision, and except to the extent that any provision of such article
is either inconsistent with a provision of this section or is not rele-
vant to this section.
S 6. Subdivisions 3 and 4, paragraphs d and e of subdivision 4-a and
paragraphs c and e of subdivision 6 of section 165 of the state finance
law, subdivision 3 as amended and paragraphs d and e of subdivision 4-a
as added by chapter 95 of the laws of 2000, subdivision 4 as amended by
chapter 137 of the laws of 2008, and paragraphs c and e of subdivision 6
as added by chapter 83 of the laws of 1995, are amended to read as
follows:
3. Purchasing of commodities for state use.
a. For the purposes of this subdivision, the following terms shall
have the meanings set forth herein. "Recycled commodity" shall mean any
commodity that has been manufactured from secondary materials as defined
in subdivision one of section two hundred sixty-one of the economic
development law and that meets secondary material content requirements
S. 56--A 81 A. 156--A
adopted by the office [of general] FOR PROCUREMENT services, which shall
be consistent, to the extent practicable, with regulations promulgated
pursuant to section 27-0717 of the environmental conservation law or, if
no such requirements have been adopted or no such product is available,
meets the secondary material content requirements adopted by any state
agency with respect to a specific commodity procurement by such agency.
"Remanufactured" shall mean any commodity that has been restored to its
original performance standards and function and is thereby diverted from
the solid waste stream, retaining, to the extent practicable, components
that have been through at least one life cycle and replacing consumable
or normal wear components. "Recyclable" shall mean any commodity that
can be collected, separated, or otherwise recovered from the solid waste
stream for reuse, remanufacture or assembly of another commodity,
through a widely available and easily accessible program.
b. Consistent with determinations of need required by subdivision five
of section one hundred sixty-three of this article, the [commissioner]
CHIEF PROCUREMENT OFFICER and state agencies shall purchase recycled,
remanufactured or recyclable commodities when such commodities meet
their form, function and utility and shall consider the cost of the
commodity over its lifecycle. The [commissioner] CHIEF PROCUREMENT OFFI-
CER and a state agency shall also have the authority to determine that
for reasons of public health or safety, a recycled, remanufactured or
recyclable commodity should not be purchased. Such determinations shall
be documented in the procurement record.
(i) A state agency shall purchase recycled commodities at a cost
premium only if (A) the cost premium associated with a commodity which
has recycled content does not exceed ten percent above the cost of a
commodity made without recycled content or, (B) the cost of a recycled
commodity that contains at least fifty percent secondary materials
generated from the waste stream in New York state, does not exceed a
cost premium of fifteen percent above the cost of a comparable commod-
ity.
(ii) A state agency shall not be required to purchase recyclable or
remanufactured commodities at a cost premium unless such commodity also
constitutes a "recycled commodity" as defined in this subdivision and
that as such a recycled commodity, it has been offered for sale in
conformance with the standards for application of a cost premium for
recycled commodities as set forth in clauses (A) and (B) of subparagraph
(i) of this paragraph.
c. The [commissioner] CHIEF PROCUREMENT OFFICER shall periodically
review the general specifications in order to eliminate, wherever feasi-
ble, discriminations against the procurement of commodities manufactured
with recovered materials or remanufactured materials; and shall annually
review the paper specifications to consider increasing the percentage of
recycled paper in paper commodity purchases.
d. Whenever the [commissioner] CHIEF PROCUREMENT OFFICER or other
state agencies shall purchase or cause the purchase of printing on recy-
cled paper, he or she shall require, to the extent feasible, the printed
material to meet the requirements of subdivision two of section 27-0717
of the environmental conservation law and regulations promulgated pursu-
ant thereto, and to include a printed statement or symbol which indi-
cates that the document is printed on recycled paper.
e. Each state agency shall devise, institute and maintain a program to
source separate waste paper generated within state office facilities.
Such a program shall include marketing arrangements and appropriate
S. 56--A 82 A. 156--A
procedures to ensure the recovery of discarded paper in [a] AN uncontam-
inated condition.
f. Each state agency shall devise and institute a program to source
separate all other waste generated within state office facilities that
is not covered by paragraph e of this subdivision. Such program shall
include marketing arrangements and appropriate procedures to ensure the
maximum recovery of such waste.
g. In addition to carrying out the provisions of paragraphs e and f of
this subdivision, the [commissioner] CHIEF PROCUREMENT OFFICER shall
identify and implement specific steps which will reduce, to the maximum
extent practicable, waste generated in state facilities and maximize the
recovery and reuse of secondary materials from such facilities. Such
steps and their implementation shall be reviewed from time to time but
no less frequently than annually or upon receiving recommendations for
additional steps from the solid waste management board, the department
of environmental conservation or the environmental facilities corpo-
ration.
h. All state agencies shall fully cooperate with the [commissioner]
CHIEF PROCUREMENT OFFICER in all phases of implementing the provisions
of this section.
i. The [commissioner] CHIEF PROCUREMENT OFFICER shall report annually
to the governor and the legislature by September first concerning the
quantities of recycled paper purchased by the office [of general] FOR
PROCUREMENT services and by state agencies pursuant to paragraph c of
this subdivision, and concerning the amounts of waste recycled from
state offices and other facilities pursuant to paragraphs e and f of
this subdivision, the extent of waste reduction, the percentage of the
total waste stream which is recycled, the kinds of materials eliminated
from the waste stream, the full avoided costs of proper collection and
disposal costs of implementing the programs under this section, the
specific activities undertaken, goals for the subsequent year resulting
from the implementation of steps pursuant to paragraph g of this subdi-
vision, and remaining issues and areas for improvement. Such reports
shall be widely disseminated as a means of assisting those outside state
government in the design and implementation of waste reduction and recy-
cling programs, through discussion of the state's experience in imple-
menting all program aspects such as collection, sorting, handling, stor-
age and marketing, and the resulting accomplishments.
j. The [commissioner] CHIEF PROCUREMENT OFFICER shall submit to the
director of the budget, the chairman and ranking minority member of the
senate finance committee and the chairman and ranking minority member of
the assembly ways and means committee an evaluation of all the source
separation programs implemented under this subdivision, for paper and
other waste prepared by an independent entity. Such evaluation shall be
submitted by September first, nineteen hundred ninety-six and by Septem-
ber first, every two years thereafter.
4. Special provisions for purchase of available New York food
products.
a. Except as otherwise provided in this subdivision, when letting
contracts for the purchase of food products on behalf of facilities and
institutions of the state, solicitation specifications of the office [of
general] FOR PROCUREMENT services and any other agency, department,
office, board or commission may require provisions that mandate that all
or some of the required food products are grown, produced or harvested
in New York state, or that any processing of such food products take
place in facilities located within New York state.
S. 56--A 83 A. 156--A
b. The commissioner of agriculture and markets shall determine, using
uniform criteria, those food products for which the requirements of this
subdivision are deemed beneficial and shall promulgate and forward to
the appropriate agencies a list of such food products, and shall in
addition ascertain those periods of time each year that those food
products are available in sufficient quantities for competitive purchas-
ing and shall forward such information to purchasing agencies. The
commissioner of agriculture and markets shall update such list as often
as is deemed by him or her to be necessary.
c. (i) Prior to issuing a solicitation for such food products,
purchasing agencies shall advise the commissioner of agriculture and
markets of the quantities of each food product on the list promulgated
by the commissioner of agriculture and markets to fulfill that agency's
purchasing needs.
(ii) The commissioner of agriculture and markets will then make a
determination of whether those products required by the purchasing agen-
cy are available in sufficient quantities to satisfy the purchasing
agency's requirements.
(iii) Upon a determination by the commissioner of agriculture and
markets that the food products required by the purchasing agency are
available in sufficient quantities to fulfill the agency's purchasing
needs, the purchasing agency may include in its solicitation a require-
ment that all or some of those food products are grown, produced or
harvested in New York state, or that any processing of such food
products take place in facilities located within New York state.
(iv) Upon a determination by the commissioner of agriculture and
markets that such food products are not available in sufficient quanti-
ties to fulfill the agency's purchasing needs, the purchasing agency
shall issue a solicitation that does not require that all or some of
those food products are grown, produced or harvested in New York state,
or that any processing of such food products take place in facilities
located within New York state. In such cases, the purchasing agency may
include such requirements in the next contract for such food products
that is let if at such time those food products are available in suffi-
cient quantities. If at that time, those food products are not avail-
able in sufficient quantities, the requirement shall again be waived
until such time as the products are available.
(v) In the event that the purchasing agency receives no offers that
meet the agency's requirement that all or some of the food products are
grown, produced or harvested in New York state, or that any processing
of such food products take place in facilities located within New York
state, it may waive the provisions of this subdivision and award a
contract in accordance with other applicable statutes. In addition, if
the commissioners of agriculture and markets, economic development and
any such individual agency shall agree as to the deleterious economic
impact of specifications requiring such purchases, such agencies may
waive the provisions of this subdivision for such purchases.
d. The [commissioner] CHIEF PROCUREMENT OFFICER, and the commissioner
of agriculture and markets, may issue such regulations as they deem
necessary and proper for the implementation of this subdivision.
e. Notwithstanding any other section of law, rule, regulation or stat-
ute, the department of agriculture and markets shall supply information
required by paragraph b of this subdivision to the office [of general]
FOR PROCUREMENT services and to all other appropriate agencies.
f. (i) With each offer, the offerer shall certify that the food
products provided pursuant to that solicitation will be in conformity
S. 56--A 84 A. 156--A
with the provisions of the percentage required to meet or exceed the
requirements in the solicitation specifying that all or some of the food
products be grown, produced, or harvested within New York state or that
any processing of such food products take place in facilities located
within New York state.
(ii) Any successful offerer who fails to comply with the provisions of
this subdivision, at the discretion of such agency, board, office or
commission, shall forfeit the right to bid on contracts let under the
provisions of this subdivision for a period of time to be determined by
the [commissioner] CHIEF PROCUREMENT OFFICER and the commissioner of
agriculture and markets.
g. The [commissioner] CHIEF PROCUREMENT OFFICER and the commissioner
of agriculture and markets, shall advise and assist the chancellor of
the state university of New York in extending the benefits of the
provisions of this subdivision to the university and shall modify any
regulations or procedures heretofore established pursuant to this subdi-
vision, in order to facilitate such participation.
d. The commissioners of the state liquor authority, in consultation
with the commissioner of taxation and finance and office [of general]
FOR PROCUREMENT services, shall make every effort to encourage state
agencies, public authorities and political subdivisions when they
purchase any quantity of wine to purchase those wines that have been
granted favored source status as determined by the commissioners of the
state liquor authority and the state procurement council.
e. The list shall be maintained by the office [of general] FOR
PROCUREMENT services in accordance with provisions of section one
hundred sixty-two of this article and shall be revised as necessary to
reflect the additions and deletions of wines as determined by the state
procurement council.
c. In including any additional business enterprises on solicitations
for the procurement of commodities or services, the [commissioner] CHIEF
PROCUREMENT OFFICER and all state agencies shall not include any foreign
business enterprise which has its principal place of business located in
a discriminatory jurisdiction contained on the list prepared by the
commissioner of economic development pursuant to paragraph b of this
subdivision, except, however, business enterprises which are New York
state business enterprises as defined by this subdivision.
e. The [commissioner] CHIEF PROCUREMENT OFFICER may waive the applica-
tion of the provisions of paragraph c of this subdivision whenever he or
she determines in writing that it is in the best interests of the state
to do so.
S 7. Subdivision 8-a of section 103 of the general municipal law, as
added by chapter 490 of the laws of 1993, is amended to read as follows:
8-a. (a) Notwithstanding the foregoing provisions of this section, a
political subdivision, when letting contracts in accordance with this
subdivision for the purchase of food products, may require provisions
that mandate that the essential components of such food products are
grown, produced or harvested in New York state, or that any processing
of such food products take place in facilities located within New York
state.
(b) The commissioner of agriculture and markets shall determine, using
uniform criteria, those food products for which the requirements of this
subdivision are deemed beneficial. The commissioner shall promulgate a
list of such food products and ascertain those periods of time each year
that the listed food products are available in sufficient quantity for
competitive purchasing and shall forward such information upon request
S. 56--A 85 A. 156--A
to such political subdivisions that shall make determinations as
provided herein. The commissioner of agriculture and markets shall
update such list as often as he deems necessary.
(c) (i) Such political subdivision shall specify, with the advice of
the commissioner of agriculture and markets, the percentage of each food
product required to be grown, produced, harvested or processed within
New York state.
(ii) Upon a determination by such political subdivision that such food
products are not available in sufficient quantity for purchasing, the
specifications requiring such purchase shall be waived for that specific
food product until the next contract for such food product is let out
for bid.
(iii) Upon a determination by such political subdivision that food
processing facilities are not available for the processing of food
products purchased under specifications required by this section, the
specifications requiring such processing shall be waived.
(iv) In the event that such a political subdivision receives no
acceptable bids it may waive the provisions of this section and shall
award a contract in accordance with other applicable statutes. In addi-
tion, if the commissioners of agriculture and markets and economic
development agree as to any deleterious economic impact of specifica-
tions requiring such purchase, the provisions of this subdivision may be
waived by a political subdivision for such purchase.
(d) The [commissioner of the office of general services] CHIEF
PROCUREMENT OFFICER and the commissioner of agriculture and markets may
issue such regulations as they deem necessary to implement this subdivi-
sion and to assist political subdivisions in complying with this subdi-
vision.
(e) Notwithstanding any other provision of law, the department of
agriculture and markets shall supply information required by paragraph
(b) of this subdivision to the office [of general] FOR PROCUREMENT
services within one hundred eighty days of the effective date of this
subdivision.
(f) The CHIEF PROCUREMENT OFFICER AND THE commissioners of [general
services,] agriculture and markets[,] and economic development shall
provide the legislature with a report on the fifteenth day of January of
the second year next succeeding the year in which this subdivision
became effective, and in their discretion periodically report thereaft-
er, on the effects of this subdivision and on recommendations on ways to
make it more effective.
S 8. Section 104 of the general municipal law, as amended by chapter
137 of the laws of 2008, is amended to read as follows:
S 104. Purchase through office [of general] FOR PROCUREMENT services.
Notwithstanding the provisions of section one hundred three of this
article or of any other general, special or local law, any officer,
board or agency of a political subdivision, of a district therein, of a
fire company or of a voluntary ambulance service authorized to make
purchases of materials, equipment, food products, or supplies, or
services available pursuant to sections one hundred sixty-one and one
hundred sixty-seven of the state finance law, may make such purchases,
except of printed material, through the office [of general] FOR PROCURE-
MENT services subject to such rules as may be established from time to
time pursuant to sections one hundred sixty-three and one hundred
sixty-seven of the state finance law or through the general services
administration pursuant to section 1555 of the federal acquisition
streamlining act of 1994, P.L. 103-355; provided that any such purchase
S. 56--A 86 A. 156--A
shall exceed five hundred dollars and that the political subdivision,
district, fire company or voluntary ambulance service for which such
officer, board or agency acts shall accept sole responsibility for any
payment due the vendor. All purchases shall be subject to audit and
inspection by the political subdivision, district, fire company or
voluntary ambulance service for which made. No officer, board or agency
of a political subdivision, or a district therein, of a fire company or
of a voluntary ambulance service shall make any purchase through such
office when bids have been received for such purchase by such officer,
board or agency, unless such purchase may be made upon the same terms,
conditions and specifications at a lower price through such office. Two
or more fire companies or voluntary ambulance services may join in
making purchases pursuant to this section, and for the purposes of this
section such groups shall be deemed "fire companies or voluntary ambu-
lance services."
S 9. Section 109-a of the general municipal law, as amended by
section 502 of the laws of 2002, is amended to read as follows:
S 109-a. Purchases through the office [of general] FOR PROCUREMENT
services by certain public associations. The New York State Association
of Counties, the Association of Towns of the State of New York, the New
York State Town Clerk's Association, Inc., the New York State Conference
of Mayors and Other Municipal Officials, the New York State School
Boards Association, Inc., the New York Planning Federation and the Asso-
ciation of Fire Districts of the State of New York, the New York State
Association of School Business Officials, the New York state council of
school superintendents, any nonpublic elementary and/or secondary school
of the state of New York, which provides the instruction required by
section thirty-two hundred four and article seventeen of the education
law, and which is chartered by, registered with or subject to examina-
tion and inspection by the department of education and which is a not
for profit institution and any public library, association library,
library system, cooperative library system, the New York Library Associ-
ation, and the New York State Association of Library Boards or any other
library except those which are operated by for profit entities, may make
purchases, except of printed material, through the office [of general]
FOR PROCUREMENT services subject to such rules as may be established
from time to time pursuant to sections one hundred sixty-three and one
hundred sixty-five of the state finance law and subdivision eight-a of
section one hundred three of this article which may establish limita-
tions with respect to commodities and impose such other appropriate
conditions upon purchasing as deemed necessary by the [commissioner of
general services] CHIEF PROCUREMENT OFFICER in order to protect the
state's own purchasing interests; and that such association, school,
library, library system or cooperative library system shall accept sole
responsibility for any payment due the vendor. Boards of education may
permit such nonpublic schools to make purchases pursuant to this section
through the school district in which the nonpublic school is located,
provided that any administrative costs incurred by the school district
will be paid by the nonpublic school.
S 10. Notwithstanding any other provision to the contrary, any powers
and duties of the commissioner of general services related to the deliv-
ery of procurement services for state agencies and other governmental
entities are hereby conferred upon the state's chief procurement offi-
cer.
S. 56--A 87 A. 156--A
S 11. Nothing in this act shall be construed to alter, affect the
validity of, modify the terms of, or impair any contract or agreement
made or entered into prior to the effective date of this act.
S 12. This act shall take effect immediately, provided that the
amendments to section 163 of the state finance law made by section four
of this act shall not affect the repeal of such section and shall be
deemed repealed therewith; and provided further that the amendments to
section 163-b of the state finance law made by section four-a of this
act shall take effect upon the repeal of section 163 of the state
finance law pursuant to chapter 83 of the laws of 1995, as amended.
PART X
Section 1. Clause (B) of subparagraph (iv) of paragraph (c) of subdi-
vision 3 of section 98-b of the state finance law, as amended by section
1 of part H of chapter 56 of the laws of 2004, is amended to read as
follows:
(B) the annual payment amount to be paid to each county and such city
pursuant to this subdivision, which shall be the product of the percent-
age share of statewide local funds expended by each such county and
city, as determined pursuant to subparagraph (iii) of this paragraph,
multiplied by the fund amount available for distribution, as determined
pursuant to clause (A) of this subparagraph. IN THE EVENT THAT A COUNTY
OR CITY FAILS TO COMPLY WITH PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS
SECTION THE ANNUAL PAYMENT AMOUNT SHALL BE THE AMOUNT SUCH COUNTY OR
CITY WOULD HAVE RECEIVED HAD THE COUNTY OR CITY MET THE REQUIREMENTS OF
SUCH PARAGRAPH LESS THE VALUE OF THE PERCENTAGE DECREASE IN LOCAL FUNDS,
AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION AND
CALCULATED BY THE COMPTROLLER, EXPENDED BY SUCH COUNTY OR CITY, AND THE
COMPTROLLER SHALL MAKE CORRESPONDING ADJUSTMENTS TO THE PERCENTAGE SHARE
OF STATEWIDE LOCAL FUNDS EXPENDED FOR EACH OTHER COUNTY AND CITY.
S 2. Subdivision 3 of section 98-b of the state finance law is amended
by adding two new paragraphs (e) and (f) to read as follows:
(E) IF THE STATE COMPTROLLER SHALL, AT ANY TIME, DETERMINE, UPON
AUDIT, THAT THE AMOUNT OF LOCAL FUNDS EXPENDED BY SUCH COUNTY OR CITY
FOR A PARTICULAR CALENDAR YEAR, AS SUPPORTED BY APPROPRIATE DOCUMENTA-
TION PROVIDED BY THE COUNTY OR CITY, WAS LESS THAN THE AMOUNT AS CERTI-
FIED IN THE ANNUAL REPORT FILED PURSUANT TO SUBDIVISION TWO OF SECTION
SEVEN HUNDRED TWENTY-TWO-F OF THE COUNTY LAW, RESULTING IN OVERPAYMENT
TO SUCH COUNTY OR CITY, AND THE STATE COMPTROLLER DETERMINES TO RECOUP
ANY SUCH OVERPAYMENT, THE COMPTROLLER SHALL:
(I) RECALCULATE THE TOTAL EXPENDITURES OF LOCAL FUNDS FOR THAT COUNTY
OR CITY USING THE FORMULA APPLICABLE TO THE CALENDAR YEAR IN WHICH THE
EXCESSIVE PAYMENTS WERE MADE;
(II) RECALCULATE THE ANNUAL PAYMENT AMOUNT FROM THE FUND FOR THAT
CALENDAR YEAR FOR THAT COUNTY OR CITY BASED UPON THE RECALCULATED
EXPENDITURES; AND
(III) REDUCE THE ANNUAL PAYMENT AMOUNT FROM THE FUND FOR THAT COUNTY
OR CITY FOR THE CALENDAR YEAR NEXT SUCCEEDING THE CALENDAR YEAR IN WHICH
IT WAS DETERMINED BY THE STATE COMPTROLLER THAT EXCESSIVE PAYMENTS WERE
MADE, TO REFLECT THE RECALCULATED EXPENDITURES OF SUBPARAGRAPH (II) OF
THIS PARAGRAPH.
(F) ANY REDUCED AMOUNTS PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH
(E) OF THIS SUBDIVISION SHALL BE RETAINED IN THE FUND TO BE DISTRIBUTED
TO COUNTIES AND THE CITY AS PART OF THE NEXT SUCCEEDING ANNUAL DISTRIB-
S. 56--A 88 A. 156--A
UTION IN ACCORDANCE WITH THE CALCULATION PURSUANT TO SUBPARAGRAPH (IV)
OF PARAGRAPH (C) OF THIS SUBDIVISION.
S 3. Paragraph (c) of subdivision 4 of section 98-b of the state
finance law, as added by section 12 of part J of chapter 62 of the laws
of 2003, is amended to read as follows:
(c) Notwithstanding the provisions of any other law, as a precondition
for receiving state assistance pursuant to subdivision three of this
section, a county or city shall be required pursuant to this paragraph
to demonstrate compliance with the maintenance of effort provisions of
paragraph (b) of this subdivision. Such compliance shall be shown as a
part of the annual report submitted by the county or city in accordance
with subdivision two of section seven hundred twenty-two-f of the county
law. Such maintenance of effort shall be shown by demonstrating with
specificity:
(i) that the total amount of local funds expended for services and
expenses pursuant to article eighteen-B of the county law during the
applicable calendar year reporting period did not decrease from the
amount of such local funds expended during the previous calendar year,
OR THE AVERAGE AMOUNT OF SUCH LOCAL FUNDS EXPENDED DURING THE IMMEDIATE-
LY PRECEDING THREE CALENDAR YEARS, AS ANNUALLY REPORTED TO THE STATE
COMPTROLLER, provided, however, that with respect to the report filed in
two thousand six regarding calendar year two thousand five, such mainte-
nance of effort shall be shown by demonstrating with specificity that
the total amount of local funds expended for services and expenses
pursuant to article eighteen-B of the county law during the two thousand
five calendar year did not decrease from the amount of such local funds
expended during calendar year two thousand two; or
(ii) where [the amount of local funds expended for such services
decreased over such period,] A COUNTY OR CITY SHALL FAIL TO MEET THE
MAINTENANCE OF EFFORT TEST AS DEFINED IN THIS PARAGRAPH, that all state
funds received during the most recent state fiscal year pursuant to
subdivision three of this section were used to assure an improvement in
the quality of services provided in accordance with article eighteen-B
of the county law and have not been used to supplant local funds ;
PROVIDED, HOWEVER, THAT IF LESS THAN ALL SUCH STATE FUNDS WERE SO USED,
SUCH COUNTY OR CITY SHALL RECEIVE STATE ASSISTANCE PURSUANT TO SUBDIVI-
SION THREE OF THIS SECTION IN AN AMOUNT AS RECALCULATED PURSUANT TO THE
SECOND SENTENCE OF CLAUSE (B) OF SUBPARAGRAPH (IV) OF PARAGRAPH (C) OF
SUCH SUBDIVISION. For purposes of this subparagraph, whether there has
been an improvement in the quality of such services shall be determined
by considering the expertise, training and resources made available to
attorneys, experts and investigators providing such services; the total
caseload handled by such attorneys, experts and investigators as such
relates to the time expended in each case and the quality of services
provided; the system by which attorneys were matched to cases with a
degree of complexity suitable to each attorney's training and experi-
ence; the provision of timely and confidential access to such attorneys
and expert and investigative services; and any other similar factors
related to the delivery of quality public defense services.
S 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART Y
S. 56--A 89 A. 156--A
Section 1. The section heading and subdivision 1 of section 160 of the
civil service law, as amended by chapter 329 of the laws of 1960, are
amended to read as follows:
Regulations governing the health [insurance] BENEFIT plan; advisory
committee. 1. The president, subject to the provisions of this article,
is hereby empowered to establish regulations relating to:
(1) the eligibility of (a) active and (b) retired employees to partic-
ipate in the health [insurance] BENEFIT plan authorized by this article,
(2) the terms and conditions of the insurance AND/OR PLAN ADMINISTRA-
TOR contract or contracts, as applied to (a) active employees and (b)
retired employees, and
(3) the purchase of such insurance AND/OR PLAN ADMINISTRATOR contract
or contracts and the administration of such health [insurance] BENEFIT
plan.
The president shall adopt such further regulations as may be required
for the effective administration of this article, including the right to
require advance payments of any portion of the amount required to be
paid by any participating employer as its share in connection with the
operation of the health [insurance] BENEFIT plan hereunder.
S 2. Subdivisions 1 and 3 of section 161 of the civil service law, as
amended by chapter 329 of the laws of 1960, are amended to read as
follows:
1. The president is hereby authorized and directed to establish a
health [insurance] BENEFIT plan for state officers and employees and
their dependents and officers and employees of the state colleges of
agriculture, home economics, industrial labor relations and veterinary
medicine, the state agricultural experiment station at Geneva, and any
other institution or agency under the management and control of Cornell
university as the representative of the board of trustees of the state
university of New York, and the state college of ceramics under the
management and control of Alfred university as the representative of the
board of trustees of the state university of New York and their depen-
dents which, subject to the conditions and limitations contained in this
article, and in the regulations of the president, will provide for group
hospitalization, surgical and medical insurance against the financial
costs of hospitalization, surgery, medical treatment and care, and may
include, among other things prescribed drugs, medicines, prosthetic
appliances, hospital in-patient and out-patient service benefits and
medical expense indemnity benefits.
3. The health [insurance] BENEFIT plan shall be designed by the presi-
dent (1) to provide a reasonable relationship between the hospital,
surgical and medical benefits to be included, and the expected distrib-
ution of expenses of each such type to be incurred by the covered
employees and dependents, and (2) to include reasonable controls, which
may include deductible and coinsurance provisions applicable to some or
all of the benefits, to reduce unnecessary utilization of the various
hospital, surgical and medical services to be provided and to provide
reasonable assurance of stability in future years of the plan, and (3)
to provide benefits on a non-discriminatory basis to the extent possi-
ble, to active members throughout the state, wherever located.
S 3. The section heading and subdivisions 1 and 2 of section 162 of
the civil service law, the section heading and subdivision 2 as amended
by chapter 329 of the laws of 1960 and subdivision 1 as amended by chap-
ter 805 of the laws of 1984, are amended to read as follows:
Contract for health [insurance] BENEFITS. 1. The president is hereby
authorized and directed to purchase a contract or contracts to provide
S. 56--A 90 A. 156--A
the benefits under the plan of health [insurance] benefits determined
upon in accordance with the provisions of this article. Such contract or
contracts shall be purchased from one or more corporations licensed to
transact accident and health insurance business in this state or subject
to article forty-three of the insurance law. ALTERNATIVELY, THE PRESI-
DENT MAY PROVIDE HEALTH BENEFITS DIRECTLY TO PLAN PARTICIPANTS, IN WHICH
CASE THE PRESIDENT IS HEREBY AUTHORIZED TO PURCHASE A CONTRACT OR
CONTRACTS WITH ONE OR MORE FIRMS QUALIFIED TO ADMINISTER, ON NEW YORK
STATE HEALTH BENEFIT PLAN'S BEHALF, THE PLAN OF BENEFITS REQUIRED UNDER
THIS ARTICLE. ANY HEALTH INSURANCE COVERAGE MANDATED BY LAW APPLICABLE
TO CONTRACTS FOR HEALTH INSURANCE ENTERED INTO UNDER THIS SECTION SHALL
ALSO APPLY TO THE PROVISION OF ANY BENEFITS PURSUANT TO THIS SUBDIVI-
SION. All of the benefits to be provided under this article may be
included in one or more similar contracts, or the benefits may be clas-
sified into different types with each type included under one or more
similar contracts issued by the same or different companies.
2. A reasonable time before entering into any insurance contract OR
CONTRACT WITH AN ADMINISTRATOR OR ADMINISTRATORS hereunder, the presi-
dent shall invite proposals from such qualified insurers OR ADMINISTRA-
TORS as in his OR HER opinion would desire to accept any part of the
insurance coverage OR ADMINISTRATIVE SERVICES authorized by this arti-
cle.
S 4. Subdivisions 1, 2, 5, 7 and 8 of section 163 of the civil service
law, subdivisions 1 and 5 as amended by chapter 329 of the laws of 1960,
subdivision 2 as amended by chapter 617 of the laws of 1967, subdivision
7 as amended by chapter 198 of the laws of 1966 and subdivision 8 as
added by chapter 394 of the laws of 1984, are amended to read as
follows:
1. All persons in the service of the state, whether elected, appointed
or employed, who elect to participate in such health [insurance] BENEFIT
plan shall be eligible to participate therein, provided, however, that
the president may adopt such regulations as he OR SHE may deem appropri-
ate excluding temporary, part time or intermittent employment.
2. The contract or contracts shall provide for health [insurance]
BENEFITS for retired employees of the state and of the state colleges of
agriculture, home economics, industrial labor relations and veterinary
medicine, the state agricultural experiment station at Geneva, and any
other institution or agency under the management and control of Cornell
university as the representative of the board of trustees of the state
university of New York, and the state college of ceramics under the
management and control of Alfred university as the representative of the
board of trustees of the state university of New York, and their spouses
and dependent children as defined by the regulations of the president,
on such terms as the president may deem appropriate, and the president
may authorize the inclusion in the plan of the employees and retired
employees of public authorities, public benefit corporations, school
districts, special districts, district corporations, municipal corpo-
rations excluding active employees and retired employees of cities
having a population of one million or more inhabitants whose compen-
sation is or was before retirement paid out of the city treasury, or
other appropriate agencies, subdivisions or quasi-public organizations
of the state and their spouses and dependent children as defined by the
regulations of the president. Any such corporation, district, agency or
organization electing to participate in the plan shall be required to
pay its proportionate share of the expenses of administration of the
plan in such amounts and at such times as determined and fixed by the
S. 56--A 91 A. 156--A
president. All amounts payable for such expenses of administration
shall be paid to the commissioner of taxation and finance and shall be
applied to the reimbursement of funds previously advanced for such
purposes. Neither the state nor any other participant in the plan shall
be charged with the particular experience attributable to the employees
of the participant, and all dividends or retroactive rate credits shall
be distributed pro-rata based upon the number of employees of such
participant covered by the plan.
5. The chief fiscal officer of any such participating employer shall
be authorized to deduct from the wages or salary paid to its employees
who are participants in such health [insurance] BENEFIT plan the sums
required to be paid by them under such plan. Each such participating
employer is authorized to appropriate such sums as are required to be
paid by it as its share in connection with the operation of such plan.
7. For purposes of eligibility for participation in the health [insur-
ance] BENEFIT plan no person shall be deemed to be a state officer or
employee or to be in the service of the state unless his salary or
compensation is paid directly by the state, and no person shall be
deemed to be a retired officer or employee of the state unless his sala-
ry or compensation immediately preceding his retirement was paid direct-
ly by the state; provided, however, that all active and retired
justices, judges, officers and employees of the supreme court, surro-
gate's court, county court, family court, civil court of the city of New
York, criminal court of the city of New York and district court in any
county, officers and employees of the office of probation for the courts
of New York city shall be eligible for participation in the health
[insurance] BENEFIT plan whether or not their salaries are paid or
before retirement were paid directly by the state.
8. Notwithstanding any other law, rule or regulation to the contrary,
where the state and an employee organization representing state officers
and employees who are in positions which are in the collective negotiat-
ing unit established by chapter four hundred three of the laws of nine-
teen hundred eighty-three enter into a collectively negotiated agreement
pursuant to article fourteen of this chapter providing that officers and
employees who hold positions in such unit on or after April first, nine-
teen hundred eighty-four and who immediately upon termination from such
position are eligible to receive a retirement benefit from either the
New York state or New York city retirement systems shall continue to be
eligible to participate in the employee benefit fund established by
section two hundred six-a of the state finance law, such officers and
employees upon retirement shall continue to participate in and receive
the benefits of such fund as provided in such collectively negotiated
agreement and shall not be eligible to receive and shall not receive
from the statewide health [insurance] BENEFIT plan established pursuant
to this article coverage for benefits covered by such employee benefit
fund.
S 4-a. Section 163-a of the civil service law, as added by chapter 302
of the laws of 1985, is amended to read as follows:
S 163-a. Health insurance adjustment. 1. For the purposes of this
section, the term "supplementary plan" shall mean a health [insurance]
BENEFIT plan which provides an adjustment to the deductible or co-insu-
rance liability or to the benefits provided by the statewide health
[insurance] BENEFIT plan purchased pursuant to section one hundred
sixty-two of this article.
2. The president may require the insurer of a supplementary plan to
the statewide health [insurance] BENEFIT plan, provided as a result of a
S. 56--A 92 A. 156--A
collectively negotiated agreement pursuant to article fourteen of this
chapter, to make a comparable supplementary plan available to partic-
ipating employers as of the implementation date of the state employees'
supplementary plan. The comparable supplementary plan shall be experi-
ence rated as to those participating employers electing it, with the
costs thereof allocated equitably among them.
3. Every participating employer which, on or before July first, nine-
teen hundred eighty-five, entered into a collectively negotiated agree-
ment pursuant to article fourteen of this chapter with employee organ-
izations representing its employees to provide the statewide health
[insurance] BENEFIT plan shall provide such comparable supplementary
plan on the date established by the president until the expiration of
such negotiated agreement.
S 5. Section 165 of the civil service law, as amended by chapter 810
of the laws of 1964, subdivision 2 as amended by chapter 608 of the laws
of 1977, is amended to read as follows:
S 165. Termination of active employment. 1. The health [insurance]
BENEFIT coverage of any employee and his OR HER dependents, if any,
shall cease upon the discontinuance of his OR HER term of office or
employment, subject to regulations which may be prescribed by the presi-
dent for extension of coverage and for conversion to an individual
contract providing for such of the benefits provided under this article
as may be provided under such individual contracts, under terms approved
by the president, the total cost of any such contract to be borne by the
employee.
2. In the event of death of an employee having coverage at the time of
death for himself OR HERSELF and his OR HER dependents, and where the
circumstances of death are such that beneficiaries or dependents of such
deceased employee are entitled to an accidental death benefit payable by
a retirement system or pension plan administered by the state or a civil
division thereof on account of death resulting from an accident
sustained in the performance of his OR HER duties or to death benefits
provided for under the [workmen's] WORKERS' compensation law, the unre-
married spouse of such employee covered at the time of his OR HER death
and his OR HER covered dependents, for so long as they would otherwise
qualify as dependents eligible for coverage under the regulations of the
president, shall be eligible to continue full coverage under the health
[insurance] BENEFIT plan upon payment at intervals determined by the
president of the full cost of such coverage; provided, however, that the
state shall pay and any participating employer may elect to pay the full
cost of such coverage, except that in the case of those enrolled in an
optional benefit plan, the employer shall contribute not more than the
same dollar amount which would be paid if such unremarried spouse and
dependents were enrolled in the basic statewide health [insurance] BENE-
FIT plan. The president shall adopt such regulations as may be required
to carry out the provisions of this subdivision which shall include, but
need not be limited to, provisions for filing application for continued
coverage, including reasonable time limits therefor, and provisions for
continued coverage of spouse and dependents pending determination of an
application for accidental death benefits from a retirement system or
pension plan administered by the state or a civil division thereof or
pending determination of a claim for death benefits under the [work-
men's] WORKERS' compensation law.
S 6. Section 165-a of the civil service law, as amended by chapter 467
of the laws of 1991, the closing paragraph as added by chapter 105 of
the laws of 2005, is amended to read as follows:
S. 56--A 93 A. 156--A
S 165-a. Continuation of state health [insurance] BENEFIT plans for
survivors of employees of the state and/or of a political subdivision or
of a public authority. Notwithstanding any other provision of law to the
contrary, the president shall permit the unremarried spouse and the
dependents, otherwise qualified as eligible for coverage under regu-
lations of the president, of a person who was an employee of the state
and/or of a political subdivision thereof or of a public authority for
not less than ten years, provided however, that the ten-year service
requirement shall not apply to such employees on active military duty in
connection with the Persian Gulf conflict who die on or after August
second, nineteen hundred ninety while in the Persian Gulf combat zone or
while performing such military duties, who had been a participant in any
of the state health [insurance] BENEFIT plans, to continue under the
coverage which such deceased employee had in effect at the time of
death, upon the payment at intervals determined by the president of the
full cost of such coverage, provided, however, that the unremarried
spouse of an active employee of the State who died on or after April
first nineteen hundred seventy-five and before April first nineteen
hundred seventy-nine who timely elected to continue dependent coverage,
or such unremarried spouse who timely elected individual coverage shall
continue to pay at intervals determined by the president one-quarter of
the full cost of dependent coverage and provided further, that, with
regard to employees of the State, where and to the extent that an agree-
ment pursuant to article fourteen of this chapter so provides, or where
the director of employee relations, with respect to employees of the
State who are not included within a negotiating unit so recognized or
certified pursuant to article fourteen of this chapter whom the director
of employee relations determines should be declared eligible for the
continuation of health [insurance] BENEFIT plans for the survivors of
such employees of the State, the president shall adopt regulations
providing for the continuation of such health [insurance] BENEFIT OR
BENEFITS by the unremarried spouse of an active employee of the State
who died on or after April first nineteen hundred seventy-nine who
elects to continue dependent coverage, or such unremarried spouse who
elects individual coverage, and upon such election shall pay at inter-
vals determined by the president one-quarter of the full cost of depend-
ent coverage and, provided further with respect to enrolled employees of
a political subdivision or public authority in a negotiating unit recog-
nized or certified pursuant to article fourteen of this chapter, where
an agreement negotiated pursuant to said article so provides, and with
respect to enrolled employees of a political subdivision or public
authority not included within a negotiating unit so recognized or certi-
fied, at the discretion of the appropriate political subdivision or
public authority, the unremarried spouse of an active employee of the
political subdivision or of the public authority who died on or after
April first nineteen hundred seventy-five, may elect to continue depend-
ent coverage or such unremarried spouse may elect individual coverage
and upon such election shall pay at intervals determined by the presi-
dent one-quarter of the full cost of dependent coverage.
The president shall adopt such regulations as may be required to carry
out the provisions of this subdivision which shall include, but need not
be limited to, provisions for filing application for continued coverage.
Notwithstanding any law to the contrary, the survivors of any employee
subject to this section shall be entitled to the health [insurance]
benefits granted pursuant to this section, provided that such employee
died while on active duty other than for training purposes, pursuant to
S. 56--A 94 A. 156--A
Title 10 of the United States Code, with the armed forces of the United
States, and such member died on such active duty on or after the effec-
tive date of [the] chapter ONE HUNDRED FIVE of the laws of two thousand
five [which added this paragraph] as a result of injuries, disease or
other medical condition sustained or contracted in such active duty with
the armed forces of the United States.
S 7. Paragraph (a) of subdivision 1 and subdivisions 2, 4 and 5 of
section 167 of the civil service law, paragraph (a) of subdivision 1 as
amended by chapter 582 of the laws of 1988, subdivision 2 as amended by
chapter 534 of the laws of 1998, subdivision 4 as amended by chapter 407
of the laws of 1970 and subdivision 5 as amended by chapter 617 of the
laws of 1967, are amended to read as follows:
(a) The full cost of premium or subscription charges for the coverage
of retired state employees who are enrolled in the statewide and the
supplementary health [insurance] BENEFIT plans established pursuant to
this article and who retired prior to January first, nineteen hundred
eighty-three shall be paid by the state. Nine-tenths of the cost of
premium or subscription charges for the coverage of state employees and
retired state employees retiring on or after January first, nineteen
hundred eighty-three who are enrolled in the statewide and supplementary
health [insurance] BENEFIT plans shall be paid by the state. Three-
quarters of the cost of premium or subscription charges for the coverage
of dependents of such state employees and retired state employees shall
be paid by the state. Except as provided in paragraph (b) of this subdi-
vision, the state shall contribute toward the premium or subscription
charges for the coverage of each state employee or retired state employ-
ee who is enrolled in an optional benefit plan and for the dependents of
such state employee or retired state employee the same dollar amount
which would be paid by the state for the premium or subscription charges
for the coverage of such state employee or retired state employee and
his or her dependents if he or she were enrolled in the statewide and
the supplementary health [insurance] BENEFIT plans, but not in excess of
the premium or subscription charges for the coverage of such state
employee or retired state employee and his or her dependents under such
optional benefit plan. For purposes of this subdivision, employees of
the state colleges of agriculture, home economics, industrial labor
relations, and veterinary medicine, the state agricultural experiment
station at Geneva, and any other institution or agency under the manage-
ment and control of Cornell university as the representative of the
board of trustees of the state university of New York, and employees of
the state college of ceramics under the management and control of Alfred
university as the representative of the board of trustees of the state
university of New York, shall be deemed to be state employees whose
salaries or compensation are paid directly by the state.
2. Each participating employer shall be required to pay not less than
fifty percentum of the cost of premium or subscription charges for the
coverage of its employees and retired employees who are enrolled in the
statewide only or the statewide and comparable supplementary health
[insurance] BENEFIT plans established pursuant to this article. Such
employer shall be required to pay not less than thirty-five percentum of
the cost of premium or subscription charges for the coverage of depen-
dents of such employees and retired employees. Such employer shall
contribute toward the premium or subscription charges for the coverage
of each employee or retired employee who is enrolled in an optional
benefit plan and for the dependents of such employee or retired employee
the same dollar amount which would be paid by such employer for the
S. 56--A 95 A. 156--A
premium or subscription charges for the coverage of such employee or
retired employee and his or her dependents if he or she were enrolled in
the statewide health [insurance] BENEFIT plan, but not in excess of the
premium or subscription charges for the coverage of such employee or
retired employee and his or her dependents under such optional benefit
plan. Such employer shall not be required to pay the cost of premium or
subscription charges for the coverage of unpaid elected officials, or
unpaid board members of a public authority, or their dependents,
provided, however that no unpaid board member of a public authority
shall be eligible to participate in such [insurance] BENEFIT plan until
he or she has served in such position for at least six months. Subject
to such regulations as the president may prescribe, any participating
employer may elect to pay higher rates of contribution for the coverage
of employees, retired employees and their dependents; provided, however,
that if a participating employer elects to pay a higher or lower rate of
contribution for its retired employees or their dependents, or both,
than that paid by the state for its retired employees or their depen-
dents, or both, amounts withheld from the retirement allowances of such
retired employees for their share of premium or subscription charges, if
any, shall, if the president so requires, be paid to such participating
employer which shall pay into the health insurance fund the full cost of
premium or subscription charges for the coverage of such retired employ-
ees and their dependents. Such election shall be exercised by the
adoption of a resolution by its governing body which, if required by law
to be approved by any other body or officer, shall have been so
approved.
4. Upon the retirement, on or after July first, nineteen hundred
sixty-five, of a state employee whose salary or compensation is paid
directly by the state, who is subject to a plan established by law,
rule, regulation, written order or written policy which provides for the
regular earning and accumulation of sick leave, and who is eligible to
continue coverage under the health [insurance] BENEFIT plan after
retirement, the department [of civil service] shall determine, based on
the employee's age at the time of retirement, the actuarial equivalent
in monthly installments for the remaining life expectancy of such
retired employee, of the dollar value of the earned and accumulated but
unused sick leave standing to his OR HER credit at the time of retire-
ment, without interest. Such dollar value shall be based on the employ-
ee's salary at the time of retirement. In addition to regular employer
contributions, contributions in the amount of such monthly installments
shall be paid from the state's appropriation to the health insurance
fund and applied towards the charges for health [insurance] BENEFITS on
account of such retired employee and his OR HER dependents, to the
extent necessary to pay such charges. The remaining amount, if any,
necessary to pay such charges shall be contributed by such retired
employee. On or after October first, nineteen hundred seventy when such
dollar value of such sick leave amounts to less than one hundred dollars
for a particular retired employee, in lieu of contributions which would
otherwise be required from such retired employee, additional contrib-
utions shall be paid for the state's appropriation to the health insur-
ance fund and applied towards the charges for health [insurance] BENE-
FITS on account of such retired employee and his OR HER dependents until
the sum of such additional contributions equals such dollar value of
such sick leave. The remaining amount, if any, necessary to pay such
charges shall be contributed by such retired employee. For purposes of
this subdivision, employees of the state colleges of agriculture, home
S. 56--A 96 A. 156--A
economics, industrial labor relations, and veterinary medicine, the
state agricultural experiment station at Geneva, and any other institu-
tion or agency under the management and control of Cornell university as
the representative of the board of trustees of the state university of
New York, and employees of the state college of ceramics under the
management and control of Alfred university as the representative of the
board of trustees of the state university of New York, shall be deemed
to be state employees whose salaries or compensation is paid directly by
the state.
5. Subject to such regulations as the president may prescribe, any
participating employer may elect to make additional contributions
towards charges for health [insurance] BENEFIT coverage on account of
its retired employees and their dependents, based on the dollar value of
their sick leave accumulated but unused at the time of retirement. Such
election shall apply to employees in the service of the participating
employer who retire on or after the effective date of such election, who
are subject to a plan established by law, rule, regulation, written
order or written policy which provides for the regular earning and accu-
mulation of sick leave, and who are eligible to continue coverage under
the health [insurance] BENEFIT plan after retirement. The participating
employer shall certify to the department [of civil service] the dollar
value of earned and accumulated but unused sick leave standing to the
credit of an employee at the time of his OR HER retirement. Additional
contributions shall be paid by such participating employer and applied
towards charges for health [insurance] BENEFITS on account of its
retired employees and their dependents in the same manner as provided in
subdivision four of this section with respect to retired state employees
and their dependents.
S 8. Section 167-a of the civil service law, as added by chapter 602
of the laws of 1966, is amended to read as follows:
S 167-a. Reimbursement for medicare premium charges. Upon exclusion
from the coverage of the health [insurance] BENEFIT plan of supplementa-
ry medical insurance benefits for which an active or retired employee or
a dependent covered by the health [insurance] BENEFIT plan is or would
be eligible under the federal old-age, survivors and disability insur-
ance program, an amount equal to the premium charge for such supplemen-
tary medical insurance benefits for such active or retired employee and
his OR HER dependents, if any, shall be paid monthly or at other inter-
vals to such active or retired employee from the health insurance fund.
Where appropriate, such amount may be deducted from contributions paya-
ble by the employee or retired employee; or where appropriate in the
case of a retired employee receiving a retirement allowance, such amount
may be included with payments of his OR HER retirement allowance.
Employer contributions to the health insurance fund shall be adjusted as
necessary to provide for such payments.
S 9. Section 168 of the civil service law, as amended by chapter 329
of the laws of 1960, subdivisions 1 and 2 as amended by chapter 585 of
the laws of 1968 and subdivision 3 as amended by chapter 198 of the laws
of 1966, is amended to read as follows:
S 168. Assessment of certain costs. 1. If the salary or compensation
of any officers and employees of the state is paid from a special or
administrative fund or funds, other than the state purposes fund or the
local assistance fund of the general fund of the state or the capital
construction fund or an income fund of the state university or the
mental hygiene services fund, such fund or funds shall be charged, and
there shall be paid therefrom as [hereinafter] provided IN THIS SECTION
S. 56--A 97 A. 156--A
the employer's share of the premium for the coverage of such officers
and employees under the health [insurance] BENEFIT plan. If the amounts
appropriated or allocable from such special or administrative fund or
funds are insufficient for such purpose, the director of the budget is
hereby authorized to allocate such additional sums from such fund or
funds as may be necessary therefor; provided, however, that no transfer
shall be made between two or more of such funds. Such amounts shall be
paid, at such times as shall be required by the president, to the
commissioner of taxation and finance and shall be credited to the health
insurance fund to pay, or reimburse the health insurance fund for the
payment of, the employer's share of the premium for coverage of such
officers and employees under the health [insurance] BENEFIT plan.
2. If the salary or compensation of any officers and employees of the
state is payable from a special or administrative fund or funds, other
than the state purposes fund or the local assistance fund of the general
fund of the state or the capital construction fund or an income fund of
the state university or the mental hygiene services fund, a propor-
tionate share of the expenses of administration of the health [insur-
ance] BENEFIT plan, on account of coverage of such officers and employ-
ees, shall be payable from such fund or funds. If the amounts
appropriated or allocable from such special or administrative fund or
funds are insufficient for such purpose, the director of the budget is
hereby authorized to allocate such additional sums from such funds or
funds as may be necessary therefor; provided, however, that no transfer
shall be made between two or more of such funds. The proportionate share
of the expenses of administration of the health [insurance] BENEFIT plan
chargeable pursuant to this subdivision to any special or administrative
fund shall be determined by the president and shall be payable at such
times as may be fixed by him OR HER. Such sums shall be payable to the
commissioner of taxation and finance and shall be applied to the
reimbursement of funds previously advanced for the expenses of adminis-
tration of the health [insurance] BENEFIT plan.
3. (a) If the salary or compensation of any justices, judges, officers
and employees of the supreme court, surrogate's court, county court,
family court, civil court of the city of New York, criminal court of the
city of New York and district court in any county, officers and employ-
ees of the office of probation for the courts of New York city is not
paid in whole or in part from the treasury of the state, but is paid
directly from the treasury of a civil division, such civil division
shall be required to pay the employer's share of the premium charges for
the coverage of such justices, judges, officers and employees under the
state health [insurance] BENEFIT plan. The appropriate fiscal officer of
such civil division shall deduct from the salary or wages paid to such
justices, judges, officers and employees the sums required to be paid by
them under such plan. Such deductions and the corresponding employer's
share of premium charges shall be paid, at such times as required by the
president, to the commissioner of taxation and finance and shall be
credited to the health insurance fund.
(b) If the salary or compensation of any retired justices, judges,
officers and employees of the supreme court, surrogate's court, county
court, family court, civil court of the city of New York, criminal court
of the city of New York and district court in any county, officers and
employees of the office of probation for the courts of New York city
prior to retirement was not paid in whole or in part from the treasury
of the state but was paid directly from the treasury of a civil divi-
sion, such civil division shall be required to pay the employer's share
S. 56--A 98 A. 156--A
of the premium charges for the coverage of such retired justices, judg-
es, officers and employees under the state health [insurance] BENEFIT
plan. If such retired justices, judges, officers and employees are
receiving retirement allowances from a pension or retirement plan or
system administered by such civil division, the amounts required to be
paid by such retired justices, judges, officers and employees as their
share of premium charges shall be deducted from their retirement allow-
ances. Such deductions and the employer's share of premium charges shall
be paid, at such times as required by the president, to the commissioner
of taxation and finance and shall be credited to the health insurance
fund.
(c) Any civil division required by this subdivision to pay the employ-
er's share of the premium charges for the coverage of active or retired
justices, judges, officers and employees of the supreme court, surro-
gate's court, county court, family court, civil court of the city of New
York, criminal court of the city of New York and district court in any
county, officers and employees of the office of probation for the courts
of New York city shall also be assessed and required to pay a propor-
tionate share of the expenses of administration of the health [insur-
ance] BENEFIT plan in such amounts and at such times as determined by
the president. Such sums shall be payable to the commissioner of taxa-
tion and finance and shall be applied to the reimbursement of funds
previously advanced for the expenses of administration of the health
[insurance] BENEFIT plan.
S 10. Subdivisions 1 and 3 of section 161-a of the civil service law,
subdivision 1 as amended by chapter 302 of the laws of 1985 and subdivi-
sion 3 as added by chapter 307 of the laws of 1979, are amended to read
as follows:
1. Where, and to the extent that, an agreement between the state and
an employee organization entered into pursuant to article fourteen of
this chapter provides for health [insurance] benefits, the president,
after receipt of written directions from the director of employee
relations, shall implement the provisions of such agreement consistent
with the terms thereof and to the extent necessary shall adopt regu-
lations providing for the benefits to be thereunder provided. The presi-
dent, with the approval of the director of the budget, may extend such
benefits, in whole or in part, to employees not subject to the
provisions of such agreement.
3. There is hereby created a council on employee health insurance to
supervise the administration of changes to the health [insurance] BENE-
FIT plan negotiated in collective negotiations and to provide continuing
policy direction to insurance plans administered by the state the
provisions of any other law to the contrary notwithstanding. The council
shall consist of the president [of the civil service commission], the
director of the division of the budget, and the director of employee
relations.
S 11. Paragraph (a) of subdivision 1 of section 11 of the civil
service law, as amended by chapter 299 of the laws of 1968, is amended
to read as follows:
(a) The term "expenses of administration" means the total cost of
administration of the department [of civil service], excluding costs of
providing services to municipalities and costs of administration of the
health [insurance] BENEFIT plan, and excluding costs of special programs
or activities of the department as may be determined by the president,
subject to approval of the director of the budget, which do not serve
S. 56--A 99 A. 156--A
generally all state departments and agencies under the jurisdiction of
the department;
S 12. Section 158 of the civil service law, as added by chapter 1047
of the laws of 1973, subdivision 1 as amended by section 4 of part C of
chapter 56 of the laws of 2006, is amended to read as follows:
S 158. Group term life insurance plan and group accident and health
[insurance] BENEFIT plan. 1. The president, subject to the provisions of
this section, is hereby empowered to establish regulations relating to,
and to enter into and administer contracts providing for, a group term
life insurance plan, and a group accident and health [insurance] BENEFIT
plan on behalf of legislators, employees of the legislature hired on an
annual basis, judges and justices of the unified court system, and state
employees and retired employees who, for the purposes of article four-
teen of this chapter, have been for a period of time prescribed by the
regulations and, except for such retirees, continue to be in positions
designated as managerial or confidential positions. The president may
authorize the inclusion in the plan of such employees and retired
employees of other governments or public employers as defined in subdi-
vision [seven] SIX of section two hundred one of this chapter. The pres-
ident may adopt whatever other regulations which may be necessary to
fulfill the intentions of this section. No regulation shall be adopted,
repealed or amended, and no other action taken with respect to such
employees affecting the amount of, or eligibility for, benefits or rates
of contribution under this section without the approval of the director
of employee relations.
The full costs of any insurance program or programs established pursu-
ant to this subdivision, excluding administrative costs, shall be borne
by insureds and retirees. Any interest earned by the moneys in the life
insurance fund shall be added to such fund, become a part of such fund,
be used for the purpose of such fund, and be available without fiscal
year limitation.
2. The regulations of the president authorized by this section shall
provide that the entire cost of premiums or subscription charges for
coverage under the insurance plans established pursuant to such regu-
lations shall be borne by the employees electing such coverage. Such
regulations may provide for the allocation of any administrative
expenses, other than those of the insurer, among employers or employees
or retired employees participating in such coverage.
S 13. Subdivision 1 of section 174 of the civil service law, as added
by chapter 585 of the laws of 1998, is amended to read as follows:
1. All persons who, as of the effective date of this article, are or
shall become eligible to participate in the state health [insurance]
BENEFIT plan established under article eleven of this chapter, shall be
eligible to participate in the long term care insurance plan established
under this article. The president shall adopt regulations prescribing
the conditions under which an eligible individual may elect to partic-
ipate in the long term care insurance plan.
S 14. The article heading of article 11 of the civil service law, as
added by chapter 461 of the laws of 1956 and as renumbered by chapter
790 of the laws of 1958, is amended to read as follows:
HEALTH [INSURANCE] BENEFITS FOR STATE AND RETIRED STATE EMPLOYEES
S 15. Subparagraph (i) of paragraph f of subdivision 2 of section 5 of
the state finance law, as added by section 1 of part E of chapter 56 of
the laws of 2000, is amended to read as follows:
(i) in the unclassified service of the state and, notwithstanding any
other provision of law to the contrary, shall be designated managerial
S. 56--A 100 A. 156--A
and, as such, eligible for benefits provided by subdivision two of
section eleven and subdivision (a) of section twelve of chapter four
hundred sixty of the laws of nineteen hundred eighty-two, as amended;
section one hundred fifty-eight of the civil service law; eligible to
participate in the state deferred compensation plan, the New York state
and local employees' retirement system; the health [insurance] BENEFIT
plan for state employees; and subject to coverage under sections seven-
teen and eighteen of the public officers law, or
S 16. Subdivisions 1 and 3 of section 99-c of the state finance law,
as added by chapter 55 of the laws of 1977, is amended to read as
follows:
1. In the event a county, city, town, village or school district which
has elected to receive distribution or distributions from the health
insurance reserve receipts fund, pursuant to an agreement between such
municipality or school district and the state and which has elected to
terminate its contractual agreement for health [insurance] BENEFITS with
the New York state department of civil service, or if called upon by the
New York state department of civil service, pursuant to such agreement,
to return such distribution within the time period and under the condi-
tions specified in such agreement, shall be in default of its obligation
to repay such distribution, the allotment, apportionment, and payment of
local assistance aid, education aid or other state aid as appropriate
and as determined by the comptroller shall be withheld by the state upon
the following terms and conditions.
3. Notwithstanding any inconsistent provisions of law, the comptroller
shall establish a fund, to be called the health insurance reserve
receipts fund, to receive transfers of funds from the health insurance
carriers of the New York state employee health [insurance] BENEFIT plan,
pursuant to contractual agreements between such carriers and the New
York state department of civil service and/or from the health insurance
fund. Moneys returned by the municipalities and school districts or
withheld from state aid by the comptroller pursuant to provisions
governing termination of the contractual agreements shall be deposited
in this fund. Disbursements from the health insurance reserve receipts
fund shall be for the purpose of returning to participating governments
and school districts the appropriate share of moneys remitted by such
health insurance carriers and/or for the purpose of remitting to the
carriers any moneys due them as a result of termination of the state's
contract with the carriers or termination of agreements between the
state and municipalities and school districts and/or for the purpose of
transferring funds to the health insurance fund. Disbursements from such
fund shall be made pursuant to the procedures for authorization of
expenditures contained in article [XI] ELEVEN of the civil service law
upon the issuance of a certificate of approval of availability by the
director of the budget and subject to audit and warrant of the comp-
troller.
S 17. Subdivision 2 of section 9.09 of the parks, recreation and
historic preservation law is amended to read as follows:
2. For the purposes of eligibility for participation in the state
health [insurance] BENEFIT plan under article eleven of the civil
service law and for survivor's benefits for active and retired state
employees [as provided by sections one hundred fifty-four and one
hundred fifty-five of the civil service law], employees of the commis-
sion, to the extent to which the compensation paid for their services is
derived from funds appropriated by this state, shall be deemed to be
employees of this state and qualified for such participation and bene-
S. 56--A 101 A. 156--A
fits. For the purpose of determining their rights under the [workmen's]
WORKERS' compensation law of this state, employees of the commission
employed wholly or partly in this state shall be deemed to be employees
of this state provided, however, that the amount of any payment made
under such compensation law to an employee of the commission employed
only partly in this state shall be only in such proportion as the amount
of his OR HER salary paid by the state of New York shall bear to his OR
HER total salary.
S 18. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART Z
Section 1. Section 165-a of the civil service law, as amended by chap-
ter 467 of the laws of 1991, the closing paragraph as added by chapter
105 of the laws of 2005, is amended to read as follows:
S 165-a. Continuation of state health insurance plans for survivors of
employees of the state and/or of a political subdivision or of a public
authority. Notwithstanding any other provision of law to the contrary,
[the]:
1. THE president shall permit the unremarried spouse and the depen-
dents, otherwise qualified as eligible for coverage under regulations of
the president, of a person who was an employee of the state and/or of a
political subdivision thereof or of a public authority for not less than
ten years, provided however, that the ten-year service requirement shall
not apply to such employees on active military duty in connection with
the Persian Gulf conflict who die on or after August second, nineteen
hundred ninety while in the Persian Gulf combat zone or while performing
such military duties, who had been a participant in any of the state
health insurance plans, to continue under the coverage which such
deceased employee had in effect at the time of death, upon the payment
at intervals determined by the president of the full cost of such cover-
age, provided, however, that the unremarried spouse of an active employ-
ee of the State who died on or after April first nineteen hundred seven-
ty-five and before April first nineteen hundred seventy-nine who timely
elected to continue dependent coverage, or such unremarried spouse who
timely elected individual coverage shall continue to pay at intervals
determined by the president one-quarter of the full cost of dependent
coverage and provided further, that, with regard to employees of the
State, where and to the extent that an agreement pursuant to article
fourteen of this chapter so provides, or where the director of employee
relations, with respect to employees of the State who are not included
within a negotiating unit so recognized or certified pursuant to article
fourteen of this chapter whom the director of employee relations deter-
mines should be declared eligible for the continuation of health insur-
ance plans for the survivors of such employees of the State, the presi-
dent shall adopt regulations providing for the continuation of such
health insurance by the unremarried spouse of an active employee of the
State who died on or after April first nineteen hundred seventy-nine who
elects to continue dependent coverage, or such unremarried spouse who
elects individual coverage, and upon such election shall pay at inter-
vals determined by the president one-quarter of the full cost of depend-
ent coverage [and, provided], OR IF THE EMPLOYEE DIED AFTER THE EFFEC-
TIVE DATE OF PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION ONE HUNDRED
SIXTY-SEVEN OF THIS ARTICLE, THE PRESIDENT SHALL PAY THE AMOUNT THE
STATE WOULD CONTRIBUTE, UNDER SUCH PARAGRAPH, TOWARDS THE PREMIUM OR
S. 56--A 102 A. 156--A
SUBSCRIPTION CHARGES FOR A DEPENDENT SURVIVOR OF A RETIRED STATE EMPLOY-
EE WITH THE SAME YEARS OF ACTIVE SERVICE, WHO RETIRED AFTER SUCH EFFEC-
TIVE DATE. PROVIDED further with respect to enrolled employees of a
political subdivision or public authority in a negotiating unit recog-
nized or certified pursuant to article fourteen of this chapter, where
an agreement negotiated pursuant to said article so provides, and with
respect to enrolled employees of a political subdivision or public
authority not included within a negotiating unit so recognized or certi-
fied, at the discretion of the appropriate political subdivision or
public authority, the unremarried spouse of an active employee of the
political subdivision or of the public authority who died on or after
April first nineteen hundred seventy-five, may elect to continue depend-
ent coverage or such unremarried spouse may elect individual coverage
and upon such election shall pay at intervals determined by the presi-
dent one-quarter of the full cost of dependent coverage.
2. The president shall adopt such regulations as may be required to
carry out the provisions of this subdivision which shall include, but
need not be limited to, provisions for filing application for continued
coverage.
3. Notwithstanding any law to the contrary, the survivors of any
employee subject to this section shall be entitled to the health insur-
ance benefits granted pursuant to this section, provided that such
employee died while on active duty other than for training purposes,
pursuant to Title 10 of the United States Code, with the armed forces of
the United States, and such member died on such active duty on or after
the effective date of [the] chapter ONE HUNDRED FIVE of the laws of two
thousand five which added this paragraph as a result of injuries,
disease or other medical condition sustained or contracted in such
active duty with the armed forces of the United States.
S 2. Subdivision 1 of section 167 of the civil service law, as amended
by chapter 582 of the laws of 1988 and paragraph (b) as amended by chap-
ter 317 of the laws of 1995, is amended to read as follows:
1. (a) The full cost of premium or subscription charges for the cover-
age of retired state employees who are enrolled in the statewide and the
supplementary health insurance plans established pursuant to this arti-
cle and who retired prior to January first, nineteen hundred eighty-
three shall be paid by the state. [Nine-tenths] EXCEPT AS PROVIDED IN
PARAGRAPH (C) OF THIS SUBDIVISION, NINE-TENTHS of the cost of premium or
subscription charges for the coverage of state employees and retired
state employees retiring on or after January first, nineteen hundred
eighty-three who are enrolled in the statewide and supplementary health
insurance plans shall be paid by the state. [Three-quarters] EXCEPT AS
PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, THREE-QUARTERS of the
cost of premium or subscription charges for the coverage of dependents
of such state employees and retired state employees shall be paid by the
state. Except as provided in paragraph (b) of this subdivision, the
state shall contribute toward the premium or subscription charges for
the coverage of each state employee or retired state employee who is
enrolled in an optional benefit plan and for the dependents of such
state employee or retired state employee the same dollar amount which
would be paid by the state for the premium or subscription charges for
the coverage of such state employee or retired state employee and his or
her dependents if he or she were enrolled in the statewide and the
supplementary health insurance plans, but not in excess of the premium
or subscription charges for the coverage of such state employee or
retired state employee and his or her dependents under such optional
S. 56--A 103 A. 156--A
benefit plan. For purposes of this subdivision, employees of the state
colleges of agriculture, home economics, industrial labor relations, and
veterinary medicine, the state agricultural experiment station at Gene-
va, and any other institution or agency under the management and control
of Cornell university as the representative of the board of trustees of
the state university of New York, and employees of the state college of
ceramics under the management and control of Alfred university as the
representative of the board of trustees of the state university of New
York, shall be deemed to be state employees whose salaries or compen-
sation are paid directly by the state.
(b) Effective January first, nineteen hundred eighty-nine, notwith-
standing any other law, rule or regulation, EXCEPT AS PROVIDED IN PARA-
GRAPH (C) OF THIS SUBDIVISION, and where, and to the extent that, an
agreement between the state and an employee organization entered into
pursuant to article fourteen of this chapter so provides or where and to
the extent the employee health insurance council so directs with respect
to any other state employees and for retired state employees retiring on
or after January first, nineteen hundred eighty-three, the state shall
contribute nine-tenths of the cost of premiums or subscription charges
for coverage of each such state employee or retired state employee who
is enrolled in an optional benefit plan and three-fourths of such premi-
um or subscription charges for dependents of such state employees or
retired state employees enrolled in such optional benefit plan;
provided, however, effective January first, nineteen hundred ninety-six,
the contribution rates for the hospitalization and medical components of
each optional benefit plan shall not exceed one hundred percent of the
dollar amount of the state's contribution toward the hospitalization and
medical components of individual and dependent coverage, respectively,
in the Empire Plan. In the case of state employees retiring prior to
January first, nineteen hundred eighty-three, the state shall contribute
one hundred percent of the individual premium and three-fourths of such
premium for dependents of such retired employees enrolled in such
optional benefit plan; however, these contribution rates shall not
exceed one hundred percent of the employer dollar amount contribution
for individual and dependent coverage respectively in the Empire Plan.
IN THE CASE OF STATE EMPLOYEES RETIRING ON OR AFTER THE EFFECTIVE DATE
OF PARAGRAPH (C) OF THIS SUBDIVISION THE CONTRIBUTION RATES FOR SUCH
RETIRED STATE EMPLOYEE SHALL BE AS SET FORTH IN SUCH PARAGRAPH (C).
(C) THE STATE SHALL CONTRIBUTE TOWARD THE PREMIUM OR SUBSCRIPTION
CHARGES FOR THE COVERAGE OF RETIRED STATE EMPLOYEES RETIRING ON OR AFTER
THE EFFECTIVE DATE OF THIS SUBDIVISION WHO HAVE TEN YEARS OF SERVICE AND
ARE ENROLLED IN THE STATEWIDE AND SUPPLEMENTARY HEALTH INSURANCE PLANS
AS FOLLOWS:
(I) THE STATE SHALL PAY FIFTY PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES FOR THE COVERAGE OF SUCH RETIRED STATE EMPLOYEES.
SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF PREMIUM OR
SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TEN YEARS UP
TO A MAXIMUM OF NINETY PERCENT OF PREMIUM OR SUBSCRIPTION CHARGES. THE
STATE SHALL PAY THIRTY-FIVE PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED
STATE EMPLOYEES WHO HAVE TEN YEARS OF SERVICE. SUCH CONTRIBUTION SHALL
INCREASE BY TWO PERCENT OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR
OF SERVICE IN EXCESS OF TEN YEARS UP TO A MAXIMUM OF SEVENTY-FIVE
PERCENT OF PREMIUM OR SUBSCRIPTION CHARGES.
(II) THE STATE SHALL PAY FIFTY PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES FOR THE COVERAGE OF SUCH RETIRED STATE EMPLOYEES
S. 56--A 104 A. 156--A
WHO HAVE BEEN DETERMINED TO HAVE RETIRED WITH AN ORDINARY DISABILITY
PURSUANT TO THE APPLICABLE PROVISIONS OF THE RETIREMENT AND SOCIAL SECU-
RITY LAW. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF PREMIUM OR
SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF TEN YEARS UP
TO A MAXIMUM OF NINETY PERCENT OF PREMIUM OR SUBSCRIPTION CHARGES. THE
STATE SHALL PAY THIRTY-FIVE PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED
STATE EMPLOYEES. SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF
PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF
TEN YEARS UP TO A MAXIMUM OF SEVENTY-FIVE PERCENT OF PREMIUM OR
SUBSCRIPTION CHARGES.
(III) THE STATE SHALL PAY NINETY PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES FOR THE COVERAGE OF SUCH RETIRED STATE EMPLOYEES
WHO HAVE BEEN DETERMINED TO HAVE RETIRED WITH AN ACCIDENTAL OR PERFORM-
ANCE OF DUTY DISABILITY PURSUANT TO THE APPLICABLE PROVISIONS OF THE
RETIREMENT AND SOCIAL SECURITY LAW. THE STATE SHALL PAY SEVENTY-FIVE
PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE
OF DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES.
(IV) WITH RESPECT TO ALL SUCH RETIRED STATE EMPLOYEES, EACH INCREMENT
OF TWO PERCENT OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF
SERVICE SHALL BE APPLICABLE FOR WHOLE YEARS OF SERVICE TO THE STATE AND
SHALL NOT BE APPLIED PRO-RATA.
(V) THE STATE SHALL CONTRIBUTE TOWARD THE PREMIUM OR SUBSCRIPTION
CHARGES FOR COVERAGE OF SUCH RETIRED STATE EMPLOYEES AND FOR THE COVER-
AGE OF DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES WHO ARE ENROLLED IN AN
OPTIONAL BENEFIT PLAN OR IN THE STATEWIDE AND SUPPLEMENTARY HEALTH
INSURANCE PLANS IN ACCORDANCE WITH SUBPARAGRAPHS (I), (II) AND (III) OF
THIS PARAGRAPH; PROVIDED, HOWEVER, THE CONTRIBUTION RATES FOR THE HOSPI-
TALIZATION AND MEDICAL COMPONENTS OF EACH OPTIONAL BENEFIT PLAN SHALL
NOT EXCEED ONE HUNDRED PERCENT OF THE DOLLAR AMOUNT OF THE STATE'S
CONTRIBUTION TOWARD THE HOSPITALIZATION AND MEDICAL COMPONENTS OF INDI-
VIDUAL AND DEPENDENT COVERAGE, RESPECTIVELY, IN THE EMPIRE PLAN.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.
PART AA
Section 1. Section 167-a of the civil service law, as added by chapter
602 of the laws of 1966, is amended to read as follows:
S 167-a. Reimbursement for medicare premium charges. Upon exclusion
from the coverage of the health insurance plan of supplementary medical
insurance benefits for which an active or retired employee or a depend-
ent covered by the health insurance plan is or would be eligible under
the federal old-age, survivors and disability insurance program, an
amount equal to the premium charge for such supplementary medical insur-
ance benefits for such active or retired employee and his OR HER depen-
dents, if any, shall be paid monthly or at other intervals to such
active or retired employee from the health insurance fund. Where appro-
priate, such amount may be deducted from contributions payable by the
employee or retired employee; or where appropriate in the case of a
retired employee receiving a retirement allowance, such amount may be
included with payments of his OR HER retirement allowance. [Employer]
ALL STATE EMPLOYER, EMPLOYEE, RETIRED EMPLOYEE AND DEPENDENT CONTRIB-
UTIONS TO THE HEALTH INSURANCE FUND SHALL BE ADJUSTED AS NECESSARY TO
PROVIDE FOR PAYMENT OF PREMIUM CHARGES UNDER THIS SECTION. ALL OTHER
S. 56--A 105 A. 156--A
EMPLOYER contributions to the health insurance fund shall be adjusted as
necessary to provide for such payments.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART BB
Section 1. The legislature hereby finds and declares that the state of
New York is facing a severe fiscal crisis, that has resulted from a
sudden and significant loss of revenue, and that the crisis cannot be
resolved absent extraordinary measures to control state spending. The
legislature finds that the state cannot control spending, or reach and
maintain a balanced budget in a manner consistent with the economic
needs of the state, avoid massive layoffs, and continue to provide vital
state services without altering the salary and benefits provided to
state employees under current law. The legislature further finds and
declares that maintenance of a balanced budget is a matter of overriding
state concern, without which the state cannot maintain its credit rating
and assure its long-term fiscal stability, and protect its economic
vitality.
S 2. Wage freeze. a. Notwithstanding any other provision of law, the
scheduled general salary increases for officers and employees of the
state, except for increases to the top salary step for officers and
employees of the city university of New York represented by the profes-
sional staff congress, which will take effect on or after April 1, 2009,
pursuant to collective bargaining agreements, binding interest arbi-
tration awards, or other analogous contracts or provisions of law
providing for such salary increases, including increases for unrepre-
sented employees provided for in chapter 10 of the laws of 2008, are
hereby eliminated. For the purposes of computing the pension base of
retirement allowances, the eliminated salary or wage increases shall not
be considered as part of compensation or final compensation or of annual
salary earned or earnable. The eliminations provided in this subdivision
shall be effective the first pay period beginning closest to the date on
which such salary increase is scheduled to take place.
b. For purposes of this section, "officers and employees of the state"
shall mean (i) officers and employees of the executive branch (including
the state university and the senior colleges of the city university of
New York); (ii) officers and employees of the statutory or contract
colleges of the state (but in the case of a statutory or contract
college for which state payment is made by reimbursement instead of
direct payroll payment, such reimbursement shall be reduced and paid in
a manner consistent with the provisions of subdivision a of this
section); (iii) nonjudicial officers and employees of the unified court
system if the chief administrator of the courts so elects; (iv) employ-
ees of the senate; (v) employees of the assembly; and (vi) employees of
joint legislative employers.
S 3. This act shall take effect immediately and shall expire March 31,
2010.
PART CC
Section 1. Paragraph 1 of subdivision j of section 41 of the retire-
ment and social security law, as amended by chapter 271 of the laws of
2008, is amended to read as follows:
S. 56--A 106 A. 156--A
1. In addition to any other service credit to which he or she is enti-
tled, a member who meets the requirements set forth in paragraphs two
and three of this subdivision shall be granted one day of additional
service credit for each day of accumulated unused sick leave which he or
she has at time of retirement for service, but such credit shall not (a)
exceed one hundred sixty-five days, (b) be considered in meeting any
service or age requirements prescribed in this chapter, and (c) be
considered in computing final average salary. However, for an executive
branch member designated managerial or confidential pursuant to article
fourteen of the civil service law or in the collective negotiating units
established by article fourteen of the civil service law designated the
professional, scientific and technical services unit, the rent regu-
lation services negotiating unit, the security services negotiating
unit, the security supervisors negotiating unit, the state university
professional services negotiating unit, the administrative services
negotiating unit, the institutional services negotiating unit, the oper-
ational services negotiating unit and the division of military and naval
affairs negotiating unit WHO FIRST JOIN A NEW YORK STATE AND LOCAL
RETIREMENT SYSTEM BEFORE MARCH FIRST, TWO THOUSAND NINE, such service
credit limitation provided in subparagraph (a) of this paragraph shall
not exceed two hundred days. For a nonjudicial officer or employee of
the unified court system not in a collective negotiating unit or in a
collective negotiating unit specified in section one of chapter two
hundred three of the laws of two thousand four, for employees of the New
York state dormitory authority, for employees of the New York state
thruway authority and the New York state canal corporation and for
employees of the New York liquidation bureau WHO FIRST JOIN A PUBLIC
RETIREMENT SYSTEM OF THIS STATE BEFORE MARCH FIRST, TWO THOUSAND NINE,
such service credit limitation provided in subparagraph (a) of this
paragraph shall not exceed two hundred days.
S 2. Subdivision 24 of section 501 of the retirement and social secu-
rity law, as amended by chapter 891 of the laws of 1976, is amended to
read as follows:
24. "Wages" shall mean regular compensation earned by and paid to a
member by a public employer, EXCEPT THAT FOR MEMBERS WHO FIRST JOIN A
PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER MARCH FIRST, TWO THOU-
SAND NINE, OVERTIME COMPENSATION PAID UNDER ANY LAW OR POLICY UNDER
WHICH EMPLOYEES ARE PAID AT A RATE GREATER THAN THEIR STANDARD RATE FOR
ADDITIONAL HOURS WORKED BEYOND THAT REQUIRED, INCLUDING SECTIONS ONE
HUNDRED THIRTY-FOUR OF THE CIVIL SERVICE LAW AND SECTION NINETY OF THE
GENERAL MUNICIPAL LAW, SHALL NOT BE INCLUDED IN THE DEFINITION OF WAGES.
For the purpose of calculation a member's primary federal social securi-
ty retirement or disability benefit, wages shall, in any calendar year,
be limited to the portion of the member's wages which would be subject
to tax under section three thousand one hundred twenty-one of the inter-
nal revenue code of nineteen hundred fifty-four, or any predecessor or
successor provision relating thereto, if such member was employed by a
private employer.
S 3. Subdivisions a and b of section 502 of the retirement and social
security law, as amended by chapter 389 of the laws of 1998, are amended
to read as follows:
a. A member who first joins a public retirement system of this state
on or after June thirtieth, nineteen hundred seventy-six AND BEFORE
MARCH FIRST, TWO THOUSAND NINE shall not be eligible for service retire-
ment benefits hereunder until such member has rendered a minimum of five
years of creditable service after July first, nineteen hundred seventy-
S. 56--A 107 A. 156--A
three. A MEMBER WHO FIRST JOINS A PUBLIC RETIREMENT SYSTEM OF THIS
STATE ON OR AFTER MARCH FIRST, TWO THOUSAND NINE SHALL NOT BE ELIGIBLE
FOR SERVICE RETIREMENT BENEFITS HEREUNDER UNTIL SUCH MEMBER HAS RENDERED
A MINIMUM OF TEN YEARS OF CREDITED SERVICE.
b. A member who previously was a member of a public retirement system
of this state shall not be eligible for service retirement benefits
hereunder until such member has rendered a minimum of five years of
service which is creditable pursuant to section five hundred thirteen of
this article. A MEMBER WHO FIRST JOINS A PUBLIC RETIREMENT SYSTEM OF
THIS STATE ON OR AFTER MARCH FIRST, TWO THOUSAND NINE SHALL NOT BE
ELIGIBLE FOR SERVICE RETIREMENT BENEFITS HEREUNDER UNTIL SUCH MEMBER HAS
RENDERED A MINIMUM OF TEN YEARS OF CREDITED SERVICE.
S 4. Subdivisions a, b and c of section 504 of the retirement and
social security law, subdivisions a and b as added by chapter 890 of the
laws of 1976 and subdivision c as amended by chapter 174 of the laws of
1989, are amended to read as follows:
a. The service retirement benefit for general members at normal
retirement age with twenty or more years of credited service, OR WITH
TWENTY-FIVE OR MORE YEARS OF CREDITED SERVICE FOR MEMBERS WHO FIRST JOIN
THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW
YORK STATE TEACHERS' RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO
THOUSAND NINE, shall be a pension equal to one-fiftieth of final average
salary times years of credited service, not in excess of thirty years,
less fifty percent of the primary social security retirement benefit as
provided in section five hundred eleven.
b. The service retirement benefit for general members at normal
retirement age with less than twenty years of credited service, OR LESS
THAN TWENTY-FIVE YEARS OF CREDITED SERVICE FOR MEMBERS WHO FIRST JOIN
THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW
YORK STATE TEACHERS' RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO
THOUSAND NINE, shall be a pension equal to one-sixtieth of final average
salary times years of credited service, less fifty percent of the prima-
ry social security retirement benefit as provided in section five
hundred eleven.
c. The early service retirement benefit for general members, except
for general members whose early retirement benefit is specified in
subdivision d of this section, shall be the service retirement benefit
specified in subdivision a or b of this section, as the case may be,
without social security offset, reduced by one-fifteenth for each of the
first two years by which early retirement precedes age sixty-two, plus a
further reduction of one-thirtieth for each year by which early retire-
ment precedes age sixty. MEMBERS WHO FIRST JOIN THE NEW YORK STATE AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE TEACHERS'
RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO THOUSAND NINE SHALL NOT
BE ELIGIBLE TO RECEIVE THE EARLY SERVICE RETIREMENT BENEFIT SPECIFIED IN
THIS SUBDIVISION. At age sixty-two, the benefit shall be reduced by
fifty percent of the primary social security retirement benefit, as
provided in section five hundred eleven of this article.
S 5. Subdivisions a and d of section 516 of the retirement and social
security law, subdivision a as added by chapter 389 of the laws of 1998
and subdivision d as amended by chapter 622 of the laws of 2004, are
amended to read as follows:
a. A member who has five or more years of credited service OR TEN OR
MORE YEARS OF CREDITED SERVICE FOR MEMBERS WHO FIRST JOIN A PUBLIC
RETIREMENT SYSTEM OF THE STATE ON OR AFTER MARCH FIRST, TWO THOUSAND
S. 56--A 108 A. 156--A
NINE upon termination of employment shall be entitled to a deferred
vested benefit as provided herein.
d. The deferred vested benefit of general members in the uniformed
correction force of the New York city department of correction, who are
not entitled to a deferred vested benefit under subdivision d of section
five hundred four-a of this article or under subdivision d of section
five hundred four-b of this article or under subdivision d of section
five hundred four-d of this article, or of general members in the
uniformed personnel in institutions under the jurisdiction of the
department of correctional services, as defined in subdivision i of
section eighty-nine of this chapter, with twenty or more years of cred-
ited service OR WITH TWENTY-FIVE OR MORE YEARS OF CREDITED SERVICE FOR
MEMBERS WHO FIRST JOIN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM OR THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM ON OR
AFTER MARCH FIRST, TWO THOUSAND NINE shall be a pension commencing at
normal retirement age equal to one-fiftieth of final average salary
times years of credited service, not in excess of thirty years. The
deferred vested benefit of general members in the uniformed correction
force of the New York city department of correction, who are not enti-
tled to a deferred vested benefit under subdivision d of section five
hundred four-a of this article or under subdivision d of section five
hundred four-b of this article or under subdivision d of section five
hundred four-d of this article, or of general members in the uniformed
personnel in institutions under jurisdiction of the department of
correctional services, as defined in subdivision i of section eighty-
nine of this chapter, with less than twenty years of credited service,
OR LESS THAN TWENTY-FIVE YEARS OF CREDITED SERVICE FOR MEMBERS WHO FIRST
JOIN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE
NEW YORK STATE TEACHERS' RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO
THOUSAND NINE, shall be a pension commencing at normal retirement age
equal to one-sixtieth of final average salary times years of credited
service. Such deferred vested benefit may be paid in the form of an
early service retirement benefit, or may be postponed until after normal
retirement age, in which event the benefit will be subject to reduction
or escalation as provided in subdivision c of section five hundred four
of this article.
S 6. Subdivision l of section 601 of the retirement and social securi-
ty law, as added by chapter 414 of the laws of 1983, is amended to read
as follows:
l. "Wages" shall mean regular compensation earned by and paid to a
member by a public employer, EXCEPT THAT FOR MEMBERS WHO FIRST JOIN A
PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER MARCH FIRST, TWO THOU-
SAND NINE, OVERTIME COMPENSATION PAID UNDER ANY LAW OR POLICY UNDER
WHICH EMPLOYEES ARE PAID AT A RATE GREATER THAN THEIR STANDARD RATE FOR
ADDITIONAL HOURS WORKED BEYOND THAT REQUIRED, INCLUDING SECTIONS ONE
HUNDRED THIRTY-FOUR OF THE CIVIL SERVICE LAW AND SECTION NINETY OF THE
GENERAL MUNICIPAL LAW, SHALL NOT BE INCLUDED IN THE DEFINITION OF WAGES.
S 7. Subdivisions a and b of section 602 of the retirement and social
security law, as amended by chapter 389 of the laws of 1998, are amended
to read as follows:
a. A member who first joins a public retirement system of this state
on or after July first, nineteen hundred seventy-six AND BEFORE MARCH
FIRST, TWO THOUSAND NINE shall not be eligible for service retirement
benefits hereunder until such member has rendered a minimum of five
years of credited service. A MEMBER WHO FIRST JOINS A PUBLIC RETIREMENT
SYSTEM OF THIS STATE ON OR AFTER MARCH FIRST, TWO THOUSAND NINE SHALL
S. 56--A 109 A. 156--A
NOT BE ELIGIBLE FOR SERVICE RETIREMENT BENEFITS HEREUNDER UNTIL SUCH
MEMBER HAS RENDERED A MINIMUM OF TEN YEARS OF CREDITED SERVICE.
b. A member who previously was a member of a public retirement system
of this state shall not be eligible for service retirement benefits
hereunder until such member has rendered a minimum of five years of
service which is credited pursuant to section six hundred nine of this
article. A MEMBER WHO FIRST JOINS A PUBLIC RETIREMENT SYSTEM OF THIS
STATE ON OR AFTER MARCH FIRST, TWO THOUSAND NINE SHALL NOT BE ELIGIBLE
FOR SERVICE RETIREMENT BENEFITS HEREUNDER UNTIL SUCH MEMBER HAS RENDERED
A MINIMUM OF TEN YEARS OF CREDITED SERVICE.
S 8. Subdivision a of section 603 of the retirement and social securi-
ty law, as amended by section 3 of chapter 19 of the laws of 2008, is
amended to read as follows:
a. The service retirement benefit specified in section six hundred
four of this article shall be payable to members who have met the mini-
mum service requirements upon retirement and attainment of age sixty-
two, other than members WHO FIRST JOIN THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE TEACHERS' RETIREMENT
SYSTEM BEFORE MARCH FIRST, TWO THOUSAND NINE AND who are eligible for
early service retirement pursuant to subdivision c of section six
hundred four-b of this article, subdivision c of section six hundred
four-c of this article, subdivision d of section six hundred four-d of
this article, subdivision c of section six hundred four-e of this arti-
cle, subdivision c of section six hundred four-f of this article, subdi-
vision c of section six hundred four-g of this article, subdivision c of
section six hundred four-h of this article or subdivision c of section
six hundred four-i of this article, provided, however, a member WHO
FIRST JOINS THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR
THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM BEFORE MARCH FIRST, TWO
THOUSAND NINE AND who is a peace officer employed by the unified court
system or a member of a teachers' retirement system or the New York
state and local employees' retirement system may retire without
reduction of his or her retirement benefit upon attainment of at least
fifty-five years of age and completion of thirty or more years of
service.
S 8-a. Subdivision i of section 603 of the retirement and social secu-
rity law, as amended by chapter 19 of the laws of 2008, is amended to
read as follows:
i. 1. A member of a teachers' retirement system or the New York state
and local employees' retirement system who has met the minimum service
requirements but who has less than thirty years of credited service may
retire prior to normal retirement age, but no earlier than attainment of
age fifty-five, in which event, unless such person is a member of the
New York city teachers' retirement system who is otherwise eligible for
early service retirement pursuant to subdivision c of section six
hundred four-i of this article, the amount of his or her retirement
benefit otherwise computed without optional modification shall be
reduced in accordance with the following schedule:
(i) for each of the first twenty-four full months that retirement
predates age sixty-two, one-half of one per centum per month; and
(ii) for each full month that retirement predates age sixty, one-quar-
ter of one per centum per month, but in no event shall retirement be
permitted prior to attainment of age fifty-five.
2. A member of the New York city employees' retirement system or the
board of education retirement system of the city of New York who has met
the minimum service requirement, but who is not (a) a participant in the
S. 56--A 110 A. 156--A
twenty-five-year early retirement program, as defined in paragraph ten
of subdivision a of section six hundred four-c of this article (as added
by chapter ninety-six of the laws of nineteen hundred ninety-five), or
(b) a participant in the age fifty-seven retirement program, as defined
in paragraph three of subdivision b of section six hundred four-d of
this article, or (c) a New York city transit authority member, as
defined in paragraph one of subdivision a of section six hundred four-b
of this article, may retire prior to normal retirement age, but no
earlier than attainment of age fifty-five, in which event, unless such
person is a member of the board of education retirement system of such
city who is otherwise eligible for early service retirement pursuant to
subdivision c of section six hundred four-i of this article, the amount
of his or her retirement benefit computed without optional modification
shall be reduced in accordance with the following schedule:
(i) for each of the first twenty-four full months that retirement
predates age sixty-two, one-half of one per centum per month; and
(ii) for each full month that retirement predates age sixty, one-quar-
ter of one per centum per month, but in no event shall retirement be
permitted prior to attainment of age fifty-five.
3. MEMBERS WHO JOIN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT
SYSTEM OR THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM ON OR AFTER
MARCH FIRST, TWO THOUSAND NINE SHALL NOT BE ELIGIBLE TO RECEIVE THE
RETIREMENT BENEFITS SPECIFIED IN THIS SUBDIVISION.
S 9. Subdivisions a and b of section 604 of the retirement and social
security law, as amended by chapter 266 of the laws of 1998, are amended
to read as follows:
a. The service retirement benefit at normal retirement age for a
member with less than twenty years of credited service, OR LESS THAN
TWENTY-FIVE YEARS CREDITED SERVICE FOR A MEMBER WHO JOINS THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE
TEACHERS' RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO THOUSAND NINE,
shall be a retirement allowance equal to one-sixtieth of final average
salary times years of credited service.
b. The service retirement benefit at normal retirement age for a
member with twenty years or more of credited service, OR WITH
TWENTY-FIVE OR MORE YEARS CREDITED SERVICE FOR A MEMBER WHO JOINS THE
NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK
STATE TEACHERS' RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO THOUSAND
NINE, shall be a retirement allowance equal to one-fiftieth of final
average salary times years of credited service not in excess of thirty
years.
Credited service in excess of thirty years shall provide an additional
retirement allowance equal to three-two hundredths of the final average
salary for each year of credited service in excess of thirty years.
S 10. Subdivision a of section 612 of the retirement and social secu-
rity law, as amended by chapter 659 of the laws of 1999, is amended to
read as follows:
a. A member who has five or more years of credited service, OR TEN OR
MORE YEARS OF CREDITED SERVICE FOR MEMBERS WHO FIRST JOIN A PUBLIC
RETIREMENT SYSTEM OF THE STATE ON OR AFTER MARCH FIRST, TWO THOUSAND
NINE, upon termination of employment, other than a member who is enti-
tled to a deferred vested benefit pursuant to any other provision of
this article, shall be entitled to a deferred vested benefit at normal
retirement age computed in accordance with the provisions of section six
hundred four of this article. A member of a teachers' retirement system
or the New York state and local employees' retirement system who has
S. 56--A 111 A. 156--A
five or more years of credited service, OR TEN OR MORE YEARS OF CREDITED
SERVICE FOR MEMBERS WHO FIRST BECOME MEMBERS OF THE NEW YORK STATE AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW YORK STATE TEACHERS'
RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO THOUSAND NINE, upon
termination of employment shall be entitled to a deferred vested benefit
prior to normal retirement age, but no earlier than age fifty-five, OR
NO EARLIER THAN AGE SIXTY-TWO FOR MEMBERS WHO FIRST BECOME MEMBERS OF
THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE NEW
YORK STATE TEACHERS' RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO
THOUSAND NINE, computed in accordance with the provisions of subdivision
i of section six hundred three of this article.
S 11. Paragraph 1 of subdivision b of section 902 of the retirement
and social security law, as amended by chapter 110 of the laws of 2000,
is amended to read as follows:
1. An eligible employee (i) with a date of membership in a retirement
system on or after July twenty-seventh, nineteen hundred seventy-six AND
BEFORE MARCH FIRST, TWO THOUSAND NINE, and (ii) who has ten or more
years of membership or ten or more years of credited service with a
retirement system under the provisions of article fourteen or fifteen of
this chapter shall not be required to contribute to a retirement system
pursuant to section five hundred seventeen or six hundred thirteen of
this chapter as of the cessation date.
S 12. Paragraph 1 of subdivision b of section 911 of the retirement
and social security law, as amended by chapter 110 of the laws of 2000,
is amended to read as follows:
1. An eligible member (i) with a date of membership in a retirement
system on or after July twenty-seventh, nineteen hundred seventy-six AND
BEFORE MARCH FIRST, TWO THOUSAND NINE, and (ii) who has ten or more
years of membership or ten or more years of credited service with a
retirement system under the provisions of article fourteen or fifteen of
this chapter shall not be required to contribute to a retirement system
pursuant to section five hundred seventeen or six hundred thirteen of
this chapter as of the cessation date.
S 13. Paragraph (c) of subdivision 2 of section 392 of the education
law, as added by chapter 617 of the laws of 2007, is amended to read as
follows:
(c) Notwithstanding any other provision of this section or any other
law to the contrary, (1) on and after April first, two thousand eight
for a member who joined the optional retirement program established
pursuant to this article BEFORE MARCH FIRST, TWO THOUSAND NINE and who
has ten or more years of membership in such optional retirement program,
the state shall contribute one-third of the three percent employee
contribution required pursuant to the provisions of this section on
behalf of such employee; and (2) on and after April first, two thousand
nine for a member who joined the optional retirement program established
pursuant to this article BEFORE MARCH FIRST, TWO THOUSAND NINE and who
has ten or more years of membership in such optional retirement program,
the state shall contribute two-thirds of the three percent employee
contribution required pursuant to the provisions of this section on
behalf of such employee; and (3) on and after April first, two thousand
ten for a member who joined the optional retirement program established
pursuant to this article BEFORE MARCH FIRST, TWO THOUSAND NINE and who
has ten or more years of membership in such optional retirement program,
the state shall contribute the three percent employee contribution
required pursuant to the provisions of this section on behalf of such
employee. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO ANY ELECT-
S. 56--A 112 A. 156--A
ING EMPLOYEE WHO BECOMES A MEMBER OF THE OPTIONAL RETIREMENT PROGRAM ON
OR AFTER MARCH FIRST, TWO THOUSAND NINE.
S 14. Paragraph (c) of subdivision 2 of section 6252 of the education
law, as added by chapter 617 of the laws of 2007, is amended to read as
follows:
(c) Notwithstanding any other provision of this section or any other
law to the contrary, (1) on and after April first, two thousand eight
for a member who joined the optional retirement program established
pursuant to this article BEFORE MARCH FIRST, TWO THOUSAND NINE and who
has ten or more years of membership in such optional retirement program,
the city shall contribute one-third of the three percent employee
contribution required pursuant to the provisions of this section on
behalf of such employee; and (2) on and after April first, two thousand
nine for a member who joined the optional retirement program established
pursuant to this article BEFORE MARCH FIRST, TWO THOUSAND NINE and who
has ten or more years of membership in such optional retirement program,
the city shall contribute two-thirds of the three percent employee
contribution required pursuant to the provisions of this section on
behalf of such employee; and (3) on and after April first, two thousand
ten for a member who joined the optional retirement program established
pursuant to this article BEFORE MARCH FIRST, TWO THOUSAND NINE and who
has ten or more years of membership in such optional retirement program,
the city shall contribute the three percent employee contribution
required pursuant to the provisions of this section on behalf of such
employee. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO ANY ELECT-
ING EMPLOYEE WHO BECOMES A MEMBER OF THE OPTIONAL RETIREMENT PROGRAM ON
OR AFTER MARCH FIRST, TWO THOUSAND NINE.
S 15. Section 90 of the general municipal law, as amended by chapter
576 of the laws of 1964, is amended to read as follows:
S 90. Payment of overtime compensation to public officers or employ-
ees. The governing board of each municipal corporation or other civil
division or political subdivision of the state, or in the city of New
York, the mayor, by ordinance, local law, resolution, order or rule, may
provide for the payment of overtime compensation to any or all public
officers except elective officers and those officers otherwise excluded
by law and to any or all public employees under their jurisdiction at
the regular basic pay rate of such officers or employees for all time
such officers or employees are required to work in excess of their regu-
larly established hours of employment or at such other rate as such
governing board, or in the city of New York, the mayor, may authorize.
The amounts received as overtime compensation under this section shall
be regarded as salary or compensation for any of the purposes of any
pension or retirement system of which the officer or employee receiving
the same is a member, EXCEPT AS SET FORTH IN SECTION SIX HUNDRED ONE OF
THE RETIREMENT AND SOCIAL SECURITY LAW. Such overtime compensation shall
not be regarded as salary or compensation for the purpose of determining
the right to any increase of salary or any salary increment on account
of length of service or otherwise. No such overtime compensation shall
be construed to constitute a promotion.
S 16. Paragraph 1 of subdivision d of Section 604-b of the retirement
and social security law, as amended by chapter 10 of the laws of 2000,
is amended to read as follows:
d. Vesting. 1. A participant in the twenty-five-year and age fifty-
five retirement program who:
(i) discontinues city-service and service as a member of the New York
city transit authority other than by death or retirement; and
S. 56--A 113 A. 156--A
(ii) prior to such discontinuance, completed five but less than twen-
ty-five years of allowable service in the transit authority, EXCEPT THAT
A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM WHO FIRST
BECAME A MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER
MARCH FIRST, TWO THOUSAND NINE, SHALL BE REQUIRED TO HAVE COMPLETED TEN
BUT LESS THAT TWENTY-FIVE YEARS OF ALLOWABLE SERVICE IN THE TRANSIT
AUTHORITY; and
(iii) has paid, prior to such discontinuance, all additional member
contributions and interest, if any, required by subdivision e of this
section; and
(iv) does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen of this article;
shall be entitled to receive a deferred vested benefit as provided in
section six hundred twelve of this article.
S 17. Paragraph 1 of subdivision d of Section 604-c of the retirement
and social security law, as added by chapter 472 of the laws of 1995 and
amended by chapter 659 of the laws of 1999, is amended to read as
follows:
d. Vesting. 1. A participant in the twenty-year/age fifty retirement
program who:
(i) discontinues service as a Triborough bridge and tunnel member,
other than by death or retirement; and
(ii) prior to such discontinuance, completed five but less than twenty
years of credited service, EXCEPT THAT A PARTICIPANT IN THE TWENTY-FIVE
YEAR RETIREMENT PROGRAM WHO FIRST BECAME A MEMBER OF A PUBLIC RETIREMENT
SYSTEM OF THE STATE ON OR AFTER MARCH FIRST, TWO THOUSAND NINE, SHALL BE
REQUIRED TO HAVE COMPLETED TEN BUT LESS THAT TWENTY TWENTY-FIVE YEARS OF
ALLOWABLE SERVICE AS A TRIBOROUGH BRIDGE AND TUNNEL MEMBER; and
(iii) has paid, prior to such discontinuance, all additional member
contributions and interest (if any) required by subdivision e of this
section; and
(iv) does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 18. Paragraph 1 of subdivisions d and e of Section 604-d of the
retirement and social security law, as amended by chapter 659 of the
laws of 1999, are amended to read as follows:
d. 1. Non-physically taxing service retirement. A participant in the
age fifty-seven retirement program:
(i) who has completed five or more years of credited service, OR TEN
OR MORE YEARS OF CREDITED SERVICE WHO FIRST BECAME A MEMBER OF A PUBLIC
RETIREMENT SYSTEM OF THE STATE ON OR AFTER MARCH FIRST, TWO THOUSAND
NINE; and
(ii) who has attained age fifty-seven; and
(iii) who, subject to the provisions of paragraph nine of subdivision
f of this section, has paid, before the effective date of retirement,
all additional member contributions and interest (if any) required by
paragraphs one, four and five of subdivision f of this section; and
S. 56--A 114 A. 156--A
(iv) who files with the retirement system of which he or she is a
member an application for service retirement setting forth at what time
he or she desires to be retired; and
(v) who shall be a participant in the age fifty-seven retirement
program at the time so specified for his or her retirement; shall be
retired pursuant to the provisions of this paragraph affording early
service retirement.
e. Vesting. 1. A participant in the age fifty-seven retirement
program:
(i) who, as a participant in such retirement program, discontinues
city-service (as defined in subdivision three of section 13-101 of the
administrative code) or education service (as defined in paragraph thir-
teen of subdivision a of section six hundred four-c of this article),
other than by death or retirement; and
(ii) who, prior to such discontinuance, completed five or more years
of credited service, OR TEN OR MORE YEARS OF CREDITED SERVICE FOR A
PARTICIPANT IN THE AGE FIFTY-SEVEN RETIREMENT PROGRAM WHO FIRST BECAME A
MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER MARCH
FIRST, TWO THOUSAND NINE; and
(iii) who, subject to the provisions of paragraph ten of subdivision f
of this section, has paid, prior to such discontinuance, all additional
member contributions and interest (if any) required by paragraphs one,
four and five of subdivision f of this section; and
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 19. Paragraph 1 of subdivision d of Section 604-e of the retirement
and social security law, as added by chapter 576 of the Laws of 2000, is
amended to read as follows:
d. Vesting. 1. A participant in the twenty-five year retirement
program:
(i) who discontinues service as such a participant, other than by
death or retirement; and
(ii) who prior to such discontinuance, completed five but less than
twenty-five years of allowable service as a dispatcher member, EXCEPT
THAT A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM WHO FIRST
BECAME A MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER
MARCH FIRST, TWO THOUSAND NINE, SHALL BE REQUIRED TO HAVE COMPLETED TEN
BUT LESS THAT TWENTY-FIVE YEARS OF ALLOWABLE SERVICE AS A DISPATCHER
MEMBER; and
(iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required by subdivi-
sion e of this section; and
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 20. Paragraph 1 of subdivision d of Section 604-e of the retirement
and social security law, as added by chapter 577 of the Laws of 2000, is
amended to read as follows:
S. 56--A 115 A. 156--A
d. Vesting. 1. A participant in the twenty-five year retirement
program:
(i) who discontinues service as such a participant, other than by
death or retirement; and
(ii) who prior to such discontinuance, completed five but less than
twenty-five years of allowable service as an EMT member, EXCEPT THAT A
PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM WHO FIRST BECAME
A MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER MARCH
FIRST, TWO THOUSAND NINE, SHALL BE REQUIRED TO HAVE COMPLETED TEN BUT
LESS THAT TWENTY-FIVE YEARS OF ALLOWABLE SERVICE AS AN EMT MEMBER; and
(iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required by subdivi-
sion e of this section; and
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 21. Paragraph 1 of subdivision d of Section 604-f of the retirement
and social security law, as added by chapter 559 of the Laws of 2001, is
amended to read as follows:
d. Vesting. 1. A participant in the twenty-five year retirement
program:
(i) who discontinues service as such a participant, other than by
death or retirement; and
(ii) who prior to such discontinuance, completed five but less than
twenty-five years of credited service, EXCEPT THAT A PARTICIPANT IN THE
TWENTY-FIVE YEAR RETIREMENT PROGRAM WHO FIRST BECAME A MEMBER OF A
PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER MARCH FIRST, TWO THOU-
SAND NINE, SHALL BE REQUIRED TO HAVE COMPLETED TEN BUT LESS THAT TWEN-
TY-FIVE YEAR OF ALLOWABLE SERVICE; and
(iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required by subdivi-
sion e of this section; and
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 22. Paragraph 1 of subdivision d of Section 604-f of the retirement
and social security law, as added by chapter 582 of the Laws of 2001, is
amended to read as follows:
d. Vesting. 1. A participant in the twenty-five year retirement
program:
(i) who discontinues service as such a participant, other than by
death or retirement; and
(ii) who prior to such discontinuance, completed five but less than
twenty-five years of allowable service as a special officer, parking
control specialist, school safety agent, campus peace officer or taxi
and limousine inspector member, EXCEPT THAT A PARTICIPANT IN THE TWEN-
TY-FIVE YEAR RETIREMENT PROGRAM WHO FIRST BECAME A MEMBER OF A PUBLIC
RETIREMENT SYSTEM OF THE STATE ON OR AFTER MARCH FIRST, TWO THOUSAND
S. 56--A 116 A. 156--A
NINE, SHALL BE REQUIRED TO HAVE COMPLETED TEN BUT LESS THAT TWENTY-FIVE
YEARS OF ALLOWABLE SERVICE AS A SPECIAL OFFICER, PARKING CONTROL
SPECIALIST, SCHOOL SAFETY AGENT, CAMPUS PEACE OFFICER OR TAXI AND LIMOU-
SINE INSPECTOR MEMBER; and
(iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to such discontinuance, all addi-
tional member contributions and interest, if any, required by subdivi-
sion e of this section; and
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 23. Paragraph 1 of subdivision d of Section 604-g of the retirement
and social security law is amended to read as follows:
d. Vesting. 1. A participant in the twenty-five year/age fifty retire-
ment program:
(i) who discontinues service as such a participant, other than by
death or retirement; and
(ii) who prior to such discontinuance, completed five but less than
twenty-five years of credited service, EXCEPT THAT A PARTICIPANT IN THE
TWENTY-FIVE YEAR RETIREMENT PROGRAM WHO FIRST BECAME A MEMBER OF A
PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER MARCH FIRST, TWO THOU-
SAND NINE, SHALL BE REQUIRED TO HAVE COMPLETED TEN BUT LESS THAT TWEN-
TY-FIVE YEARS OF ALLOWABLE SERVICE; and
(iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required by subdivi-
sion e of this section; and
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 24. Paragraph 1 of subdivision d of Section 604-h of the retirement
and social security law is amended to read as follows:
d. Vesting. 1. A participant in the twenty-five year retirement
program:
(i) who discontinues service as such a participant, other than by
death or retirement; and
(ii) who prior to such discontinuance, completed five but less than
twenty-five years of credited service, EXCEPT THAT A PARTICIPANT IN THE
TWENTY-FIVE YEAR RETIREMENT PROGRAM WHO FIRST BECAME A MEMBER OF A
PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR AFTER MARCH FIRST, TWO THOU-
SAND NINE, SHALL BE REQUIRED TO HAVE COMPLETED TEN BUT LESS THAT TWEN-
TY-FIVE YEARS OF ALLOWABLE SERVICE; and
(iii) who, subject to the provisions of paragraph seven of subdivision
e of this section, has paid, prior to such discontinuance, all addi-
tional member contributions and interest (if any) required by subdivi-
sion e of this section; and
(iv) who does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section six hundred thirteen of this
article unless such participant thereafter returns to public service and
repays the amounts so withdrawn, together with interest, pursuant to
S. 56--A 117 A. 156--A
such section six hundred thirteen; shall be entitled to receive a
deferred vested benefit as provided in this subdivision.
S 25. Paragraph 1 of subdivision d of section 13-157.4 of the adminis-
trative code of the city of New York is amended to read as follows:
d. Vesting. 1. A participant in the twenty year retirement program
who:
(i) discontinues service as an investigator member, other than by
death or retirement; and
(ii) prior to such discontinuance, completed five but less than twenty
years of service as a police officer, as defined in paragraph (g) of
subdivision thirty-four of section 1.20 of the criminal procedure law,
EXCEPT THAT A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM WHO
FIRST BECAME A MEMBER OF A PUBLIC RETIREMENT SYSTEM OF THE STATE ON OR
AFTER MARCH FIRST, TWO THOUSAND NINE, SHALL BE REQUIRED TO HAVE
COMPLETED TEN BUT LESS THAT TWENTY-FIVE YEARS OF ALLOWABLE SERVICE AS A
POLICE OFFICER, AS DEFINED IN PARAGRAPH (G) OF SUBDIVISION THIRTY-FOUR
OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; and
(iii) does not withdraw in whole or in part his or her accumulated
member contributions pursuant to section 13-141 of this chapter, shall
be entitled to receive a deferred vested benefit as provided in this
subdivision.
S 26. This act shall take effect on March 1, 2009, provided that:
(a) the amendments to articles 14 and 15 of the retirement and social
security law made by sections two, three, four, five, six, seven, eight,
eight-a, nine and ten of this act shall expire on the same date as such
articles expire pursuant to section 615 of such law; and
(b) the amendments to subdivision a of section 603 of the retirement
and social security law made by section eight of this act shall not
affect the expiration of such subdivision as provided in subdivision (b)
of section 13 of chapter 682 of the laws of 2003, as amended.
FISCAL NOTE.--This bill would create a new benefit structure for
members who first join the New York State and Local Employees' Retire-
ment System, the New York State Teachers' Retirement System, the New
York City Teachers' Retirement System, the New York City Employees'
Retirement System or the New York City Board of Education Retirement
System on or after March 1, 2009. Significant plan design changes from
the current new member plans include:
1. An employee contribution of 3% of pay would be required for all
years of service, except State correction officers would be limited to
30 years. This would also affect members who are covered by the Optional
Retirement Program.
2. Retirement would not be allowed until the attainment of age 62 and
10 years of creditable service for those not covered by a 20 or 25 year
plan that allows retirement without regard to age,
3. The service retirement benefit for general members with less than
25 years of creditable service would be equal to 1/60th of final average
salary for each year of creditable service,
4. Additional service credit for accumulated unused sick leave will be
limited to 165 days,
5. Overtime pay will not be included in the definition of wages and
final average salary.
Insofar as this bill would affect the New York State and Local Employ-
ees' Retirement System, if this bill is enacted, we will calculate new
plan rates for all members who first enter on or after March 1, 2009.
The long term expected annual employer contribution rate for new general
members will be approximately 8.5% as compared to the current expected
S. 56--A 118 A. 156--A
long term annual employer contribution rate for Tier 4 general members
of approximately 11.0% of payroll. For fiscal year ending March 31,
2010, since the average Tier 4 member contribution rate is approximately
7%, the new plan rate would be approximately 5.5%.
For members in 20 or 25 year retirement plans that allow retirement
without regard to age, the long term reductions would vary by plan and
be less than 2% of salary, with the fiscal year ending March 31, 2010
reductions averaging approximately 1%.
This estimate, dated December 5, 2008 and intended for use only during
the 2009 Legislative Session, is Fiscal Note No. 2009-14, prepared by
the Actuary for the New York State and Local Employees' Retirement
System.
FISCAL NOTE.--With respect to civilians and teachers, budgetary
savings in the first year after enactment are estimated at approximately
$10 million, with annual savings thereafter growing by approximately $10
million per year, as new hires replace existing employees when they
retire. In ten years, the City will achieve $100 million in annual
savings and twenty years from now, annual savings will be approximately
$200 million.
This fiscal note is intended for the 2009 legislative session and was
prepared by Andrew G. Dowling, Assistant Director, New York City Office
of Management and Budget.
FISCAL NOTE.--This bill would amend various sections of the Education
Law and the Retirement and Social Security Law to implement a new
retirement benefit structure (Tier 5) for members who first join a
public retirement system of the state (or New York City) on or after
March 1, 2009. Members would be eligible for a service retirement bene-
fit after rendering a minimum of ten years of credited service and
attainment of age 62. No retirement (for service) prior to age 62 would
be permitted. The service retirement benefit formula for a member with
less than twenty-five years of credited service would be equal to one-
sixtieth of final average salary times the years of credited service.
The service retirement benefit formula for a member with twenty-five or
more years of credited service would be equal to one-fiftieth of final
average salary times the years of credited service not in excess of
thirty. Years of service in excess of thirty shall provide an additional
retirement benefit equal to three two-hundredths of final average sala-
ry. Members would be required to contribute three percent of annual
salary for all years of service.
The current required employer contribution rate for the New York State
Teachers' Retirement System is 7.63% of pay, applicable to 7/1/08 -
6/30/09 member salaries and to be collected in the fall of 2009. This
rate is applicable to the salaries of all members, regardless of tier.
In that this proposed benefit structure is only applicable to members
joining on or after March 1, 2009, it will be at least several years
before it has a noticeable impact on the employer contribution rate.
The cost savings impact of this change will become more significant with
time as the number of post-3/1/09 members grows as a percentage of the
total membership.
Our "new entrant rate", a hypothetical employer contribution rate that
would occur if we started a new Retirement System without any assets, is
equal to 11.8% of pay under the current benefit structure. This can be
thought of as the cost of the benefit structure for new entrants, based
on current actuarial assumptions. Under the proposed benefit structure,
this new entrant rate would be equal to 8.4% of pay.
S. 56--A 119 A. 156--A
The source of this estimate is Fiscal Note 2009-9 dated December 8,
2008 prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2009 Legislative Session.
PART DD
Section 1. Subdivision a of section 441 of the retirement and social
security law, as amended by chapter 510 of the laws of 1974, is amended
to read as follows:
a. No member of a retirement system who is subject to the provisions
of this article shall be eligible to retire until he has rendered a
minimum of five years of credited service after July first, nineteen
hundred seventy-three; provided, however, that this limitation shall not
apply to the case of a member otherwise eligible to retire for disabili-
ty, AND PROVIDED FURTHER THAT THE ELIGIBILITY FOR SERVICE RETIREMENT OF
A NEW YORK CITY POLICE OR FIRE REVISED PLAN MEMBER (AS DEFINED IN
SECTION FOUR HUNDRED FIFTY OF THIS ARTICLE) SHALL BE GOVERNED BY THE
PROVISIONS OF SUBDIVISION C OF SECTION FOUR HUNDRED FORTY-FIVE-J OF THIS
ARTICLE. A member who attains the mandatory retirement age of the plan
of which he is a member without having the requisite period of service
required as a condition of eligibility for retirement, shall be sepa-
rated from service upon attainment of such mandatory retirement age;
provided, however, that this requirement shall not preclude a member
from being continued in service beyond such mandatory retirement age
pursuant to other appropriate provisions of law.
S 2. Section 442 of the retirement and social security law is amended
by adding a new subdivision c to read as follows:
C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
ELIGIBILITY FOR SERVICE RETIREMENT OF A NEW YORK CITY POLICE OR FIRE
REVISED PLAN MEMBER (AS DEFINED IN SECTION FOUR HUNDRED FIFTY OF THIS
ARTICLE) SHALL BE GOVERNED BY THE PROVISIONS OF SUBDIVISION C OF SECTION
FOUR HUNDRED FORTY-FIVE-J OF THIS ARTICLE.
S 3. Subdivision g of section 443 of the retirement and social securi-
ty law, as added by chapter 372 of the laws of 2000, is amended to read
as follows:
g. Notwithstanding the provisions of subdivisions a and c of this
section, AND EXCEPT AS PROVIDED BY SUBDIVISION H OF THIS SECTION, the
benefits for the first twenty years or less of service of members of the
New York city police pension fund, subchapter two, who are subject to
the provisions of this article, and members of the fire department
pension fund, subchapter two, who are subject to the provisions of this
article, shall be determined by using a salary base equal to the salary
earned by such member during the one-year period immediately prior to
retirement or separation from service due to vesting, exclusive of any
form of termination pay (which shall include any compensation in antic-
ipation of retirement), or any lump sum payment for deferred compen-
sation, sick leave, or accumulated vacation credit, or any other payment
for time not worked (other than compensation received while on sick
leave or authorized leave of absence); provided, however, if the salary
or wages earned during the one-year period immediately prior to retire-
ment or separation from service due to vesting exceeds that of the
previous one-year period by more than twenty per centum, the amount in
excess of twenty per centum shall be excluded from the computation of
final average salary. In determining final average salary, any month or
months (not in excess of three) which would otherwise be included in
computing final average salary but during which the member was on
S. 56--A 120 A. 156--A
authorized leave of absence without pay shall be excluded from the
computation of final average salary and the month or an equal number of
months immediately preceding such period shall be substituted in lieu
thereof.
S 4. Section 443 of the retirement and social security law is amended
by adding a new subdivision h to read as follows:
H. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION G OF THIS SECTION,
THE SALARY BASE USED FOR THE COMPUTATION OF BENEFITS FOR A NEW YORK CITY
POLICE OR FIRE REVISED PLAN MEMBER (AS DEFINED IN SECTION FOUR HUNDRED
FIFTY OF THIS ARTICLE) SHALL BE DETERMINED IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISIONS A AND C OF THIS SECTION.
S 5. Section 445 of the retirement and social security law is amended
by adding a new subdivision d to read as follows:
D. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A OF THIS SECTION, OR
ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE ELIGIBILITY OF A NEW
YORK CITY POLICE OR FIRE REVISED PLAN MEMBER (AS DEFINED IN SECTION FOUR
HUNDRED FIFTY OF THIS ARTICLE) FOR SERVICE RETIREMENT, AND THE SERVICE
RETIREMENT BENEFITS PAYABLE TO SUCH A RETIRED MEMBER, SHALL BE GOVERNED
BY THE PROVISIONS OF SUBDIVISIONS C AND D OF SECTION FOUR HUNDRED
FORTY-FIVE-J OF THIS ARTICLE.
S 6. The retirement and social security law is amended by adding a new
section 445-j to read as follows:
S 445-J. SERVICE RETIREMENT, VESTING, MEMBER CONTRIBUTIONS, LOANS AND
PENSION SUPPLEMENTATION; NEW YORK CITY POLICE OR FIRE REVISED PLAN
MEMBERS. A. DEFINITIONS. THE FOLLOWING WORDS AND PHRASES AS USED IN THIS
SECTION SHALL HAVE THE FOLLOWING MEANINGS UNLESS A DIFFERENT MEANING IS
PLAINLY REQUIRED BY THE CONTEXT.
1. "ADMINISTRATIVE CODE" SHALL MEAN THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK.
2. "CITY-SERVICE" SHALL:
(I) WITH RESPECT TO A MEMBER OF THE NEW YORK CITY POLICE PENSION FUND,
SUBCHAPTER TWO, HAVE THE MEANING SET FORTH IN SUBDIVISION THREE OF
SECTION 13-214 OF THE ADMINISTRATIVE CODE; OR
(II) WITH RESPECT TO A MEMBER OF THE NEW YORK CITY FIRE DEPARTMENT
PENSION FUND, SUBCHAPTER TWO, HAVE THE MEANING SET FORTH IN SUBDIVISION
THREE OF SECTION 13-313 OF THE ADMINISTRATIVE CODE.
3. "ALLOWABLE UNIFORMED FORCE SERVICE CREDIT" SHALL MEAN SERVICE CRED-
IT FOR CITY-SERVICE, AS DEFINED IN PARAGRAPH TWO OF THIS SUBDIVISION.
4. "PENSION FUND" SHALL MEAN THE NEW YORK CITY POLICE PENSION FUND,
SUBCHAPTER TWO OR THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND,
SUBCHAPTER TWO.
B. APPLICABILITY OF THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, THE PROVISIONS AND LIMITATIONS OF THIS SECTION
SHALL APPLY TO ALL NEW YORK CITY POLICE OR FIRE REVISED PLAN MEMBERS, AS
DEFINED IN SECTION FOUR HUNDRED FIFTY OF THIS ARTICLE. IN THE EVENT THAT
THERE IS A CONFLICT BETWEEN THE PROVISIONS OF THIS SECTION AND ANY OTHER
PROVISION OF LAW (INCLUDING, BUT NOT LIMITED TO, ANY PROVISION OF THE
ADMINISTRATIVE CODE OR ANY OTHER PROVISION OF THIS ARTICLE), THE
PROVISIONS OF THIS SECTION SHALL GOVERN.
C. ELIGIBILITY FOR SERVICE RETIREMENT. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, AND EXCEPT AS PROVIDED IN THE EARLY
SERVICE RETIREMENT PROVISIONS OF PARAGRAPH TWO OF THIS SUBDIVISION, A
NEW YORK CITY POLICE OR FIRE REVISED PLAN MEMBER SHALL BE REQUIRED TO BE
AT LEAST FIFTY YEARS OF AGE AND HAVE TWENTY-FIVE OR MORE YEARS OF ALLOW-
ABLE UNIFORMED FORCE SERVICE CREDIT IN ORDER TO BE ELIGIBLE FOR SERVICE
RETIREMENT. SUCH A MEMBER WHO MEETS SUCH AGE AND SERVICE REQUIREMENTS,
S. 56--A 121 A. 156--A
AND WHO FILES AN APPLICATION FOR SERVICE RETIREMENT WHICH BECOMES EFFEC-
TIVE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH THREE OF THIS SUBDI-
VISION, SHALL BE RETIRED FOR SERVICE AND SHALL BE ENTITLED TO IMMEDIATE
PAYABILITY OF A SERVICE RETIREMENT ALLOWANCE CALCULATED PURSUANT TO
PARAGRAPH ONE OF SUBDIVISION D OF THIS SECTION.
2. A NEW YORK CITY POLICE OR FIRE REVISED PLAN MEMBER WHO HAS TWENTY
OR MORE YEARS OF ALLOWABLE UNIFORMED FORCE SERVICE CREDIT, AND WHO FILES
AN APPLICATION FOR SERVICE RETIREMENT WHICH BECOMES EFFECTIVE IN ACCORD-
ANCE WITH THE PROVISIONS OF PARAGRAPH THREE OF THIS SUBDIVISION, SHALL
BE RETIRED ON AN EARLY SERVICE RETIREMENT WITHOUT REGARD TO AGE, AND
SHALL BE ENTITLED TO IMMEDIATE PAYABILITY OF A REDUCED RETIREMENT ALLOW-
ANCE CALCULATED PURSUANT TO PARAGRAPH TWO OF SUBDIVISION D OF THIS
SECTION.
3. A NEW YORK CITY POLICE OR FIRE REVISED PLAN MEMBER WHO WISHES TO BE
RETIRED FOR SERVICE PURSUANT TO PARAGRAPH ONE OR TWO OF THIS SUBDIVISION
SHALL BE REQUIRED (I) TO FILE WITH THE PENSION FUND OF WHICH HE OR SHE
IS A MEMBER AN APPLICATION FOR SERVICE RETIREMENT SETTING FORTH AT WHAT
TIME, NOT LESS THAN THIRTY DAYS SUBSEQUENT TO THE EXECUTION AND FILING
THEREOF, HE OR SHE DESIRES TO BE RETIRED; AND (II) TO BE A MEMBER IN
CITY-SERVICE AT THE TIME SO SPECIFIED FOR HIS OR HER RETIREMENT.
D. SERVICE RETIREMENT BENEFITS. 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, THE SERVICE RETIREMENT ALLOWANCE PAYABLE TO A
NEW YORK CITY POLICE OR FIRE REVISED PLAN MEMBER WHO RETIRES FOR SERVICE
PURSUANT TO PARAGRAPH ONE OF SUBDIVISION C OF THIS SECTION SHALL BE AN
AMOUNT EQUAL TO ONE-FIFTIETH OF FINAL AVERAGE SALARY (AS DETERMINED IN
ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION A OF SECTION FOUR HUNDRED
FORTY-THREE OF THIS ARTICLE) TIMES THE MEMBER'S TOTAL NUMBER OF YEARS OF
CREDITED SERVICE.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
SERVICE RETIREMENT ALLOWANCE PAYABLE TO A NEW YORK CITY POLICE OR FIRE
REVISED PLAN MEMBER WHO RETIRES PURSUANT TO THE EARLY SERVICE RETIREMENT
PROVISIONS OF PARAGRAPH TWO OF SUBDIVISION C OF THIS SECTION SHALL BE AN
AMOUNT CALCULATED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH ONE OF
THIS SUBDIVISION WITHOUT OPTIONAL MODIFICATION, WHICH SHALL BE REDUCED
BY FIVE PERCENT FOR EACH YEAR BY WHICH RETIREMENT PRECEDES THE EARLIEST
DATE ON WHICH SUCH MEMBER COULD HAVE RETIRED FOR SERVICE PURSUANT TO
PARAGRAPH ONE OF SUBDIVISION C OF THIS SECTION AT THE AGE OF FIFTY OR
ABOVE WITH A LEAST TWENTY-FIVE YEARS OF ALLOWABLE UNIFORMED FORCE
SERVICE CREDIT, IF SUCH MEMBER HAD REMAINED IN CITY-SERVICE. SUCH
REDUCTION SHALL BE PRORATED FOR PARTIAL YEARS.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
SERVICE RETIREMENT BENEFIT PAYABLE PURSUANT TO THE APPLICABLE PROVISIONS
OF PARAGRAPH ONE OR TWO OF THIS SUBDIVISION TO A NEW YORK CITY POLICE OR
FIRE REVISED PLAN MEMBER WHO RETIRES FOR SERVICE SHALL BE THE ONLY
SERVICE RETIREMENT BENEFIT BASED UPON SUCH MEMBERSHIP PAYABLE TO SUCH A
RETIRED MEMBER, AND NO OTHER SERVICE RETIREMENT BENEFIT BASED UPON SUCH
MEMBERSHIP SHALL BE PAYABLE PURSUANT TO ANY OTHER PROVISION OF LAW TO
SUCH RETIRED MEMBER, INCLUDING, BUT NOT LIMITED TO, ANY PENSION-PROVID-
ING-FOR-INCREASED-TAKE-HOME-PAY OR ANY ANNUITY BASED UPON HIS OR HER
MEMBERSHIP CONTRIBUTIONS.
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO NEW
YORK CITY POLICE OR FIRE REVISED PLAN MEMBER WHO RETIRES FOR SERVICE
PURSUANT TO THE PROVISIONS OF SUBDIVISION C OF THIS SECTION SHALL BE
ENTITLED TO ANY VARIABLE SUPPLEMENTS PAYMENTS FROM A VARIABLE SUPPLE-
MENTS FUND ESTABLISHED BY SECTION 13-269, 13-279, 13-383 OR 13-393 OF
THE ADMINISTRATIVE CODE. NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE
S. 56--A 122 A. 156--A
CONSTRUED TO MEAN OR IMPLY THAT VARIABLE SUPPLEMENTS OTHERWISE PAYABLE
FROM SUCH A VARIABLE SUPPLEMENTS FUND CONSTITUTE PENSION OR RETIREMENT
ALLOWANCE PAYMENTS, OR THAT SUCH A VARIABLE SUPPLEMENTS FUND CONSTITUTES
A PENSION OR RETIREMENT SYSTEM OR FUND.
E. VESTING. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, THE ELIGIBILITY OF A NEW YORK CITY POLICE OR FIRE REVISED PLAN
MEMBER TO DISCONTINUE CITY-SERVICE WITH A VESTED RIGHT TO A DEFERRED
RETIREMENT ALLOWANCE, AND THE RETIREMENT ALLOWANCE PAYABLE TO SUCH A
VESTEE, SHALL BE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF THIS
SUBDIVISION.
2. A NEW YORK CITY POLICE OR FIRE REVISED PLAN MEMBER WHO:
(I) DISCONTINUES POLICE SERVICE (AS DEFINED IN SUBDIVISION
TWENTY-THREE OF SECTION 13-214 OF THE ADMINISTRATIVE CODE) OR FIRE
UNIFORMED FORCE SERVICE (AS DEFINED IN SUBDIVISION SIXTEEN-C OF SECTION
13-313 OF THE ADMINISTRATIVE CODE), AS THE CASE MAY BE, OTHER THAN BY
DEATH, RETIREMENT OR DISMISSAL; AND
(II) PRIOR TO SUCH DISCONTINUANCE, COMPLETED TEN OR MORE YEARS OF
ALLOWABLE UNIFORMED FORCE SERVICE CREDIT; AND
(III) DOES NOT WITHDRAW HIS OR HER ACCUMULATED MEMBER CONTRIBUTIONS IN
WHOLE OR IN PART; AND
(IV) AT LEAST THIRTY DAYS PRIOR TO THE DATE OF SUCH DISCONTINUANCE,
FILES A DULY EXECUTED APPLICATION FOR A DEFERRED RETIREMENT ALLOWANCE
HEREUNDER;
SHALL HAVE A VESTED RIGHT TO RECEIVE A DEFERRED RETIREMENT ALLOWANCE AT
AGE SIXTY-FIVE COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH
ONE OF SUBDIVISION D OF THIS SECTION.
F. MEMBER CONTRIBUTIONS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO THE CONTRARY, A NEW YORK CITY POLICE OR FIRE REVISED PLAN MEMBER
SHALL CONTRIBUTE FIVE PERCENT OF HIS OR HER ANNUAL COMPENSATION TO THE
PENSION FUND OF WHICH HE OR SHE IS A MEMBER UNTIL HE OR SHE HAS TWENTY-
FIVE YEARS OF ALLOWABLE UNIFORMED FORCE SERVICE CREDIT. THE BOARD OF
TRUSTEES OF EACH PENSION FUND SHALL PROMULGATE SUCH REGULATIONS AS MAY
BE NECESSARY AND APPROPRIATE WITH RESPECT TO THE DEDUCTION OF SUCH
CONTRIBUTIONS FROM THE MEMBER'S COMPENSATION AND FOR THE MAINTENANCE OF
ANY SPECIAL FUND OR FUNDS WITH RESPECT TO AMOUNTS SO CONTRIBUTED.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A NEW
YORK CITY POLICE OR FIRE REVISED PLAN MEMBER IS OTHERWISE ENTITLED UNDER
APPLICABLE PROVISIONS OF LAW TO A RETURN OF HIS OR HER MEMBER CONTRIB-
UTIONS, OR A BENEFIT IS OTHERWISE PAYABLE UNDER APPLICABLE PROVISIONS OF
LAW WHICH INCLUDES AN ACTUARIAL EQUIVALENT OF HIS OR HER MEMBER CONTRIB-
UTIONS, SUCH MEMBER CONTRIBUTIONS SHALL BE CREDITED WITH INTEREST AT THE
RATE OF FIVE PERCENT PER ANNUM COMPOUNDED ANNUALLY.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
PERSON WHOSE MEMBERSHIP IN A PENSION FUND HAS TERMINATED OTHER THAN AS A
RESULT OF TRANSFER, RETIREMENT OR DEATH, OR A MEMBER OF A PENSION FUND
WHO IS NOT VESTED AND NOT ENTITLED TO ANY OTHER BENEFIT FROM SUCH
PENSION FUND PURSUANT TO ANY APPLICABLE PROVISION OF LAW, AND WHO IS NO
LONGER EMPLOYED IN THE UNIFORMED FORCE POSITION UPON WHICH HIS OR HER
MEMBERSHIP IS BASED, MAY WITHDRAW HIS OR HER MEMBER CONTRIBUTIONS BY
FILING A WRITTEN DEMAND FOR WITHDRAWAL OF CONTRIBUTIONS AND MEMBERSHIP
PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE PENSION FUND OF
WHICH HE OR SHE IS A MEMBER. UPON THE DEATH OF A PERSON WHOSE MEMBERSHIP
PREVIOUSLY TERMINATED DUE TO LACK OF ALLOWABLE UNIFORMED FORCE SERVICE
CREDIT, AND WHO DID NOT WITHDRAW HIS OR HER MEMBER CONTRIBUTIONS, THE
MEMBER CONTRIBUTIONS OF SUCH PERSON SHALL BE REFUNDED TO SUCH PERSON AS
HE OR SHE SHALL HAVE NOMINATED TO RECEIVE A DEATH BENEFIT BY WRITTEN
S. 56--A 123 A. 156--A
DESIGNATION DULY EXECUTED AND FILED WITH HIS OR HER PENSION FUND, OR, IN
THE ABSENCE OF SUCH A DESIGNATION, TO HIS OR HER ESTATE. FOR PURPOSES OF
SUCH REFUNDS, INTEREST SHALL BE CREDITED AT THE RATE OF FIVE PERCENT PER
ANNUM COMPOUNDED ANNUALLY TO THE DATE OF TERMINATION OF MEMBERSHIP.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
PROVISIONS OF SECTION ONE HUNDRED THIRTY-EIGHT-B OF THIS CHAPTER SHALL
NOT BE APPLICABLE TO THE MEMBER CONTRIBUTIONS WHICH ARE REQUIRED BY THIS
SUBDIVISION.
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
MEMBER CONTRIBUTIONS WHICH ARE REQUIRED BY THIS SUBDIVISION SHALL NOT BE
REDUCED UNDER ANY PROGRAM FOR INCREASED-TAKE-HOME-PAY, AND NO NEW YORK
CITY POLICE OR FIRE REVISED PLAN MEMBER SHALL BE ENTITLED TO ANY
PENSION-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY.
G. LOANS. 1. NOTWITHSTANDING ANY PROVISION OF SECTION 13-239 OR
SECTION 13-342 OF THE ADMINISTRATIVE CODE OR ANY OTHER PROVISION OF LAW
TO THE CONTRARY, WHENEVER A NEW YORK CITY POLICE OR FIRE REVISED PLAN
MEMBER, FOR WHOM A LOAN IS OUTSTANDING, RETIRES, THE RETIREMENT ALLOW-
ANCE PAYABLE WITHOUT OPTIONAL MODIFICATION SHALL BE REDUCED BY A LIFE
ANNUITY WHICH IS ACTUARIALLY EQUIVALENT TO THE AMOUNT OF THE OUTSTANDING
LOAN (ALL OUTSTANDING LOANS SHALL CONTINUE TO ACCRUE INTEREST CHARGES
UNTIL RETIREMENT), SUCH LIFE ANNUITY BEING CALCULATED UTILIZING THE
INTEREST RATE ON THIRTY YEAR UNITED STATES TREASURY BONDS AS OF JANUARY
FIRST OF THE CALENDAR YEAR OF THE EFFECTIVE DATE OF RETIREMENT AND THE
MORTALITY TABLES FOR OPTIONS AVAILABLE UNDER APPLICABLE PROVISIONS OF
LAW.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHENEV-
ER A NEW YORK CITY POLICE OR FIRE REVISED PLAN MEMBER, FOR WHOM A LOAN
IS OUTSTANDING, BECOMES ENTITLED TO THE RETURN OF HIS OR HER CONTRIB-
UTIONS BECAUSE OF WITHDRAWAL FROM HIS OR HER PENSION FUND OR BECAUSE OF
DEATH, THE AMOUNT OF ANY LOAN OUTSTANDING ON SUCH DATE, INCLUDING
ACCRUED INTEREST AS PROVIDED IN SUBDIVISION F OF THIS SECTION, SHALL BE
CONSTRUED TO ALREADY HAVE BEEN RETURNED TO SUCH MEMBER AND THE REFUND OF
CONTRIBUTIONS TO WHICH HE SHALL THEN BE ENTITLED SHALL BE THE NET AMOUNT
OF SUCH CONTRIBUTIONS TOGETHER WITH INTEREST THEREON PURSUANT TO PARA-
GRAPH TWO OF SUBDIVISION F OF THIS SECTION.
H. PENSION SUPPLEMENTATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO THE CONTRARY, NO NEW YORK CITY POLICE OR FIRE REVISED PLAN MEMBER WHO
BECOMES ENTITLED TO A RETIREMENT ALLOWANCE FOR ANY REASON "WHATSOEVER"
AS A RESULT OF SUCH MEMBERSHIP, AND NO SURVIVOR OF SUCH A MEMBER WHO
BECOMES ENTITLED TO A RETIREMENT ALLOWANCE AS THE RESULT OF THE DEATH OF
SUCH A MEMBER (INCLUDING, BUT NOT LIMITED TO, AN OPTION BENEFIT OR ACCI-
DENTAL DEATH BENEFIT), SHALL BE ENTITLED TO ANY COST-OF-LIVING ADJUST-
MENT TO SUCH RETIREMENT ALLOWANCE PURSUANT TO SECTION 13-696 OF THE
ADMINISTRATIVE CODE, OR TO ANY COST-OF-LIVING ADJUSTMENT OR PENSION
SUPPLEMENTATION WITH RESPECT TO SUCH RETIREMENT ALLOWANCE PURSUANT TO
ANY OTHER PROVISION OF LAW.
S 7. Subdivision b of section 448 of the retirement and social securi-
ty law, as amended by chapter 666 of the laws of 2002, is amended to
read as follows:
b. A member of a retirement system subject to the provisions of this
article who is a police officer, firefighter, correction officer or
sanitation worker and is in a plan which permits immediate retirement
upon completion of a specified period of service without regard to age
or who is subject to the provisions of subdivision b of section four
hundred forty-five of this article, OR WHO IS A NEW YORK CITY POLICE OR
FIRE REVISED PLAN MEMBER (AS DEFINED IN SECTION FOUR HUNDRED FIFTY OF
S. 56--A 124 A. 156--A
THIS ARTICLE), shall upon completion of ninety days of service be
covered for financial protection in the event of death in service pursu-
ant to this subdivision.
1. Such death benefit shall be equal to three times the member's sala-
ry raised to the next highest multiple of one thousand dollars, but in
no event shall it exceed three times the maximum salary specified in
section one hundred thirty of the civil service law or, in the case of a
member of a retirement system other than the New York city employees'
retirement system, the New York city police pension fund, subchapter two
or the New York city fire department pension fund, subchapter two, the
specific limitations specified for age of entrance into service
contained in subparagraphs (b), (c), (d), (e) and (f) of paragraph two
of subdivision a of this section.
2. Provided further, notwithstanding any other provision of this arti-
cle to the contrary, where the member is a police officer or firefighter
and would have been entitled to a service retirement benefit at the time
of his or her death and where his or her death occurs on or after July
first, two thousand, the beneficiary or beneficiaries nominated for the
purposes of this subdivision may elect to receive, in a lump sum, an
amount payable which shall be equal to the pension reserve that would
have been established had the member retired on the date of his or her
death, or the value of the death benefit and the reserve-for-increased-
take-home-pay, if any, whichever is greater, provided further that where
such police officer or firefighter dies on or after July first, two
thousand, after having retired from service, but before a first payment
of a retirement allowance, such person shall be deemed to have been in
service at the time of his or her death for the purposes of this subdi-
vision only, and provided further that the pension reserve established
pursuant to this paragraph for a person who dies after retiring from
service, but before first payment of a retirement allowance, shall be
determined as of the date of retirement and any pension payments payable
for the period of time prior to the retiree's death shall be deducted
from any benefits payable pursuant to this subdivision.
S 8. Section 450 of the retirement and social security law, as amended
by chapter 489 of the laws of 1998, is amended to read as follows:
S 450. Definitions. For the purposes of this article: (1) the term
"correction officer" shall mean members of the New York state and local
employees' retirement system who are in a plan limited to uniformed
personnel in institutions under the jurisdiction of the department of
correctional services or members of such system who are also in titles
defined in subdivision i of section eighty-nine of this chapter and
correction members of the New York city employees' retirement system;
(2) the term "police officer or firefighter" shall mean members of the
New York state and local police and fire retirement system, the New York
city police pension fund, New York city fire department pension fund,
and housing police members and transit police members of the New York
city employees' retirement system; (3) the term "sanitation man" shall
mean sanitation members of the New York city employees' retirement
system; [and] (4) the term "investigator member" shall mean members who
are police officers as defined in paragraph (g) of subdivision thirty-
four of section 1.20 of the criminal procedure law; AND (5) THE TERM
"NEW YORK CITY POLICE OR FIRE REVISED PLAN MEMBER" SHALL MEAN A MEMBER
OF THE NEW YORK CITY POLICE PENSION FUND OR THE NEW YORK CITY FIRE
DEPARTMENT PENSION FUND WHO BECOMES SUBJECT TO THE PROVISIONS OF THIS
ARTICLE ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND NINE WHICH AMENDED THIS SECTION.
S. 56--A 125 A. 156--A
S 9. Subdivision 33 of section 13-214 of the administrative code of
the city of New York, as added by chapter 114 of the laws of 1989, is
amended to read as follows:
33. "Normal rate of contribution." The proportion of the earnable
compensation of a member which is required to be deducted from the
compensation of such member by the applicable provisions of section
13-225 of this subchapter as his or her member contributions, exclusive
of any increase in such contributions pursuant to subdivision c or
subdivision d of such section 13-225 or any decrease thereof on account
of any program for increased-take-home-pay or pursuant to subdivision
one of section one hundred thirty-eight-b of the retirement and social
security law (relating to election to decrease member contributions by
contributions due on account of social security coverage), PROVIDED,
HOWEVER, THAT WITH RESPECT TO A NEW YORK CITY POLICE OR FIRE REVISED
PLAN MEMBER (AS DEFINED IN SECTION FOUR HUNDRED FIFTY OF THE RETIREMENT
AND SOCIAL SECURITY LAW) WHO IS A MEMBER OF THE PENSION FUND, THE TERM
"NORMAL RATE OF CONTRIBUTION" SHALL MEAN THE PROPORTION OF EARNABLE
COMPENSATION WHICH IS REQUIRED TO BE DEDUCTED FROM THE COMPENSATION OF
SUCH MEMBER BY THE PROVISIONS OF SUBDIVISION F OF SECTION FOUR HUNDRED
FORTY-FIVE-J OF THE RETIREMENT AND SOCIAL SECURITY LAW AS HIS OR HER
MEMBER CONTRIBUTIONS.
S 10. Subdivision 5 of section 13-268 of the administrative code of
the city of New York, as amended by chapter 247 of the laws of 1988, is
amended to read as follows:
5. "Pension fund beneficiary". Any person who receives a retirement
allowance by reason of having retired, on or after October first, nine-
teen hundred sixty-eight, for service (with credit for twenty or more
years of service creditable toward the minimum period) as a member of
pension fund, subchapter one or pension fund, subchapter two and as a
police officer, PROVIDED, HOWEVER, THAT NO NEW YORK CITY POLICE OR FIRE
REVISED PLAN MEMBER (AS DEFINED IN SECTION FOUR HUNDRED FIFTY OF THE
RETIREMENT AND SOCIAL SECURITY LAW) WHO RETIRES FOR SERVICE PURSUANT TO
SUBDIVISION C OF SECTION FOUR HUNDRED FORTY-FIVE-J OF THE RETIREMENT AND
SOCIAL SECURITY LAW AS A POLICE OFFICER SHALL BE ENTITLED TO ANY VARI-
ABLE SUPPLEMENTS FROM THE VARIABLE SUPPLEMENTS FUND.
S 11. Subdivision 5 of section 13-278 of the administrative code of
the city of New York, as amended by chapter 479 of the laws of 1993, is
amended to read as follows:
5. "Pension fund beneficiary". Any person who receives a retirement
allowance by reason of having retired, on or after October first, nine-
teen hundred sixty-eight, for service (with credit for twenty or more
years of service creditable toward the minimum period) as a member of
pension fund, subchapter one or pension fund, subchapter two and as a
police superior officer, PROVIDED, HOWEVER, THAT NO NEW YORK CITY POLICE
OR FIRE REVISED PLAN MEMBER (AS DEFINED IN SECTION FOUR HUNDRED FIFTY OF
THE RETIREMENT AND SOCIAL SECURITY LAW) WHO RETIRES FOR SERVICE PURSUANT
TO SUBDIVISION C OF SECTION FOUR HUNDRED FORTY-FIVE-J OF THE RETIREMENT
AND SOCIAL SECURITY LAW AS A POLICE SUPERIOR OFFICER SHALL BE ENTITLED
TO ANY VARIABLE SUPPLEMENTS FROM THE VARIABLE SUPPLEMENTS FUND.
S 12. Subdivision 18 of section 13-313 of the administrative code of
the city of New York is amended by adding a new paragraph (c) to read as
follows:
(C) IN THE CASE OF ANY IMPROVED BENEFITS PLAN MEMBER WHO IS A NEW YORK
CITY POLICE OR FIRE REVISED PLAN MEMBER (AS DEFINED IN SECTION FOUR
HUNDRED FIFTY OF THE RETIREMENT AND SOCIAL SECURITY LAW), THE TERM
"NORMAL RATE OF CONTRIBUTION AS AN IMPROVED BENEFITS PLAN MEMBER" SHALL
S. 56--A 126 A. 156--A
MEAN THE PROPORTION OF EARNABLE COMPENSATION WHICH IS REQUIRED TO BE
DEDUCTED FROM THE COMPENSATION OF SUCH MEMBER BY THE PROVISIONS OF
SUBDIVISION F OF SECTION FOUR HUNDRED FORTY-FIVE-J OF THE RETIREMENT AND
SOCIAL SECURITY LAW AS HIS OR HER MEMBER CONTRIBUTIONS.
S 13. Subdivision 5 of section 13-382 of the administrative code of
the city of New York, as amended by chapter 480 of the laws of 1993, is
amended to read as follows:
5. "Pension fund beneficiary". (a) Subject to the provisions of para-
graph (b) of this subdivision and except as provided in PARAGRAPH (C) OF
THIS SUBDIVISION, AND EXCEPT AS PROVIDED IN subdivision e of section
13-385 of this subchapter, any person who receives a retirement allow-
ance by reason of having retired, on or after October first, nineteen
hundred sixty-eight, for service (with credit for twenty or more years
of service creditable toward the minimum period) as a member of pension
fund subchapter one or PENSION FUND subchapter two and as a firefighter
or fire marshal (uniformed).
(b) [With] EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION,
WITH respect to benefits payable under this subchapter for calendar
years succeeding December thirty-first, nineteen hundred ninety-two, the
term "pension fund beneficiary" subject to the provisions of paragraph
thirteen of subdivision a of section 13-385 of this subchapter) shall
include each person who receives a retirement allowance by reason of
having retired, on or after October first, nineteen hundred sixty-eight,
for service (with credit for twenty or more years of service creditable
toward the minimum period) as a member of pension fund subchapter one or
[pensions] PENSION fund subchapter two and as a wiper (uniformed).
(C) NOTWITHSTANDING ANY PROVISION OF PARAGRAPH (A) OR (B) OF THIS
SUBDIVISION TO THE CONTRARY, NO NEW YORK CITY POLICE OR FIRE REVISED
PLAN MEMBER (AS DEFINED IN SECTION FOUR HUNDRED FIFTY OF THE RETIREMENT
AND SOCIAL SECURITY LAW) WHO RETIRES FOR SERVICE PURSUANT TO SUBDIVISION
C OF SECTION FOUR HUNDRED FORTY-FIVE-J OF THE RETIREMENT AND SOCIAL
SECURITY LAW AS A FIREFIGHTER, FIRE MARSHAL (UNIFORMED) OR WIPER
(UNIFORMED) SHALL BE ENTITLED TO ANY VARIABLE SUPPLEMENTS FROM THE VARI-
ABLE SUPPLEMENTS FUND.
S 14. Subdivision 6 of section 13-392 of the administrative code of
the city of New York, as amended by chapter 480 of the laws of 1993, is
amended to read as follows:
6. "Pension fund beneficiary". Any person who receives a retirement
allowance by reason of having retired, on or after October first, nine-
teen hundred sixty-eight, for service (with credit for twenty or more
years of service creditable toward the minimum period) as a member of
pension fund subchapter one or pension fund subchapter two and as a fire
officer, PROVIDED, HOWEVER, THAT NO NEW YORK CITY POLICE OR FIRE REVISED
PLAN MEMBER (AS DEFINED IN SECTION FOUR HUNDRED FIFTY OF THE RETIREMENT
AND SOCIAL SECURITY LAW) WHO RETIRES FOR SERVICE PURSUANT TO SUBDIVISION
C OF SECTION FOUR HUNDRED FORTY-FIVE-J OF THE RETIREMENT AND SOCIAL
SECURITY LAW AS A FIRE OFFICER SHALL BE ENTITLED TO ANY VARIABLE SUPPLE-
MENTS FROM THE VARIABLE SUPPLEMENTS FUND.
S 15. Subdivision a of section 600 of the retirement and social secu-
rity law, as amended by chapter 370 of the laws of 1996, paragraph 2 as
amended by chapter 421 of the laws of 2006, is amended to read as
follows:
a. Notwithstanding any other provision of law, the provisions of this
article shall apply to all members who join or rejoin a public retire-
ment system of the state on or after July first, nineteen hundred seven-
ty-six and to all employees who would have been eligible to join or
S. 56--A 127 A. 156--A
rejoin such a retirement system on or after such date but in lieu there-
of elected an optional retirement program to which their employers are
thereby required to contribute, except the following:
1. Members of the New York state and local police and fire retirement
system;
2. (a) Members in the uniformed personnel in institutions under the
jurisdiction of the department of correctional services of New York
state, other than certain persons as defined in this section or the New
York city department of correction, PROVIDED, HOWEVER, THAT THE
PROVISIONS OF THIS ARTICLE SHALL APPLY TO MEMBERS OF THE UNIFORMED FORCE
OF THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO JOIN OR REJOIN A
PUBLIC RETIREMENT SYSTEM OF THIS STATE ON OR AFTER THE EFFECTIVE DATE OF
THE CHAPTER OF THE LAWS OF TWO THOUSAND NINE WHICH AMENDED THIS PARA-
GRAPH.
(b) For purposes of this paragraph, certain persons means either:
(i) a person who is appointed to the title of superintendent, who has
had at least seven years of service credited toward the retirement plan
established pursuant to this article while employed by the department of
correctional services and who elects the retirement plan established
pursuant to this article within ninety days of his or her appointment.
Such election shall be in writing, shall be duly executed and filed with
the comptroller and shall be irrevocable as long as such person is in
the title of superintendent; or
(ii) a person who serves in the title of superintendent as of April
first, two thousand six, who has had at least seven years of service
credited toward the retirement plan established pursuant to this article
while employed by the department of correctional services and who elects
the retirement plan established pursuant to this article on or before
September thirtieth, two thousand six. Such election shall be in writ-
ing, shall be duly executed and filed with the comptroller and shall be
irrevocable as long as such person is in the title of superintendent.
(c) Any person in the title of superintendent who is eligible to make
an election as described in this section but who does not make such
election, shall remain a member of the retirement plan that persons
appointed to the title of superintendent join who do not meet the above
criteria.
3. Members of the New York city police pension fund or the New York
city fire department pension fund;
4. Members qualified for participation in the uniformed transit police
force plan or housing police force plan in the New York city employees'
retirement [systems] SYSTEM; and
5. Investigator [member] MEMBERS of the New York city employees'
retirement system.
In the event that there is a conflict between the provisions of this
article and the provisions of any other law or code, the provisions of
this article shall govern.
S 16. Section 602 of the retirement and social security law is amended
by adding a new subdivision e to read as follows:
E. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS A AND B OF THIS
SECTION OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE ELIGIBILITY
OF A NEW YORK CITY UNIFORMED CORRECTION OR SANITATION REVISED PLAN
MEMBER (AS DEFINED IN PARAGRAPH TWO OF SUBDIVISION A OF SECTION SIX
HUNDRED FOUR-J OF THIS ARTICLE) FOR SERVICE RETIREMENT SHALL BE DETER-
MINED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF SECTION SIX
HUNDRED FOUR-J OF THIS ARTICLE.
S. 56--A 128 A. 156--A
S 17. Subdivision a of section 603 of the retirement and social secu-
rity law, as amended by section 3 of chapter 19 of the laws of 2008, is
amended to read as follows:
a. The service retirement benefit specified in section six hundred
four of this article shall be payable to members who have met the mini-
mum service requirements upon retirement and attainment of age sixty-
two, other than members who are eligible for early service retirement
pursuant to subdivision c of section six hundred four-b of this article,
subdivision c of section six hundred four-c of this article, subdivision
d of section six hundred four-d of this article, subdivision c of
section six hundred four-e of this article, subdivision c of section six
hundred four-f of this article, subdivision c of section six hundred
four-g of this article, subdivision c of section six hundred four-h of
this article or subdivision c of section six hundred four-i of this
article, provided, however, a member who is a peace officer employed by
the unified court system or a member of a teachers' retirement system or
the New York state and local employees' retirement system may retire
without reduction of his or her retirement benefit upon attainment of at
least fifty-five years of age and completion of thirty or more years of
service, PROVIDED FURTHER THAT THE ELIGIBILITY OF A NEW YORK CITY
UNIFORMED CORRECTION OR SANITATION REVISED PLAN MEMBER (AS DEFINED IN
PARAGRAPH TWO OF SUBDIVISION A OF SECTION SIX HUNDRED FOUR-J OF THIS
ARTICLE) FOR SERVICE RETIREMENT AND THE SERVICE RETIREMENT BENEFIT PAYA-
BLE TO SUCH A RETIRED MEMBER SHALL BE DETERMINED IN ACCORDANCE WITH THE
APPLICABLE PROVISIONS OF SECTION SIX HUNDRED FOUR-J OF THIS ARTICLE, AND
THE BENEFITS PROVIDED BY THE PRECEDING PROVISIONS OF THIS SUBDIVISION
SHALL NOT BE APPLIED TO SUCH A MEMBER.
S 17-a. Subdivision a of section 603 of the retirement and social
security law, as amended by section 3-a of chapter 19 of the laws of
2008, is amended to read as follows:
a. The service retirement benefit specified in section six hundred
four of this article shall be payable to members who have met the mini-
mum service requirements upon retirement and attainment of age sixty-
two, other than members who are eligible for early service retirement
pursuant to subdivision c of section six hundred four-b of this article,
subdivision c of section six hundred four-c of this article, subdivision
d of section six hundred four-d of this article, subdivision c of
section six hundred four-e of this article, subdivision c of section six
hundred four-f of this article, subdivision c of section six hundred
four-g of this article, subdivision c of section six hundred four-h of
this article or subdivision c of section six hundred four-i of this
article provided, however, a member who is a peace officer employed by
the unified court system or a member of a teachers' retirement system or
the New York state and local employees' retirement system may retire
without reduction of his or her retirement benefit upon attainment of at
least fifty-five years of age and completion of thirty or more years of
service, PROVIDED FURTHER THAT THE ELIGIBILITY OF A NEW YORK CITY
UNIFORMED CORRECTION OR SANITATION REVISED PLAN MEMBER (AS DEFINED IN
PARAGRAPH TWO OF SUBDIVISION A OF SECTION SIX HUNDRED FOUR-J OF THIS
ARTICLE) FOR SERVICE RETIREMENT AND THE SERVICE RETIREMENT BENEFIT PAYA-
BLE TO SUCH A RETIRED MEMBER SHALL BE DETERMINED IN ACCORDANCE WITH THE
APPLICABLE PROVISIONS OF SECTION SIX HUNDRED FOUR-J OF THIS ARTICLE, AND
THE BENEFITS PROVIDED BY THE PRECEDING PROVISIONS OF THIS SUBDIVISION
SHALL NOT BE APPLIED TO SUCH A MEMBER.
S. 56--A 129 A. 156--A
S 18. Subdivision b of section 603 of the retirement and social secu-
rity law, as amended by chapter 547 of the laws of 1992, is amended to
read as follows:
b. Notwithstanding the provisions of subdivision a of this section, a
member of the New York city employees' retirement system, who is
employed in the uniformed force of the New York city department of sani-
tation, and who is not eligible for early service retirement pursuant to
subdivision c of section six hundred four-a of this article, shall be
eligible to receive the service retirement benefit specified in section
six hundred four of this article upon attainment of at least fifty-five
years of age and the completion of thirty or more years of service,
PROVIDED, HOWEVER, THAT THE ELIGIBILITY FOR SERVICE RETIREMENT OF A NEW
YORK CITY UNIFORMED CORRECTION OR SANITATION REVISED PLAN MEMBER (AS
DEFINED IN PARAGRAPH TWO OF SUBDIVISION A OF SECTION SIX HUNDRED FOUR-J
OF THIS ARTICLE) WHO IS EMPLOYED IN THE UNIFORMED FORCE OF THE NEW YORK
CITY DEPARTMENT OF SANITATION, AND THE SERVICE RETIREMENT BENEFIT PAYA-
BLE TO SUCH A RETIRED MEMBER, SHALL BE DETERMINED IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISIONS B AND C OF SECTION SIX HUNDRED FOUR-J OF THIS
ARTICLE, AND THE BENEFITS PROVIDED BY THE PRECEDING PROVISIONS OF THIS
SUBDIVISION SHALL NOT BE APPLICABLE TO SUCH A MEMBER.
S 19. Subdivision i of section 603 of the retirement and social secu-
rity law, as amended by chapter 19 of the laws of 2008, is amended to
read as follows:
i. 1. A member of a teachers' retirement system or the New York state
and local employees' retirement system who has met the minimum service
requirements but who has less than thirty years of credited service may
retire prior to normal retirement age, but no earlier than attainment of
age fifty-five, in which event, unless such person is a member of the
New York city teachers' retirement system who is otherwise eligible for
early service retirement pursuant to subdivision c of section six
hundred four-i of this article, the amount of his or her retirement
benefit otherwise computed without optional modification shall be
reduced in accordance with the following schedule:
(i) for each of the first twenty-four full months that retirement
predates age sixty-two, one-half of one per centum per month; and
(ii) for each full month that retirement predates age sixty, one-quar-
ter of one per centum per month, but in no event shall retirement be
permitted prior to attainment of age fifty-five.
2. [A] SUBJECT TO THE PROVISIONS OF PARAGRAPH THREE OF THIS SUBDIVI-
SION, A member of the New York city employees' retirement system or the
board of education retirement system of the city of New York who has met
the minimum service requirement, but who is not (a) a participant in the
twenty-five-year early retirement program, as defined in paragraph ten
of subdivision a of section six hundred four-c of this article (as added
by chapter ninety-six of the laws of nineteen hundred ninety-five), or
(b) a participant in the age fifty-seven retirement program, as defined
in paragraph three of subdivision b of section six hundred four-d of
this article, or (c) a New York city transit authority member, as
defined in paragraph one of subdivision a of section six hundred four-b
of this article, may retire prior to normal retirement age, but no
earlier than attainment of age fifty-five, in which event, unless such
person is a member of the board of education retirement system of such
city who is otherwise eligible for early service retirement pursuant to
subdivision c of section six hundred four-i of this article, the amount
of his or her retirement benefit computed without optional modification
shall be reduced in accordance with the following schedule:
S. 56--A 130 A. 156--A
(i) for each of the first twenty-four full months that retirement
predates age sixty-two, one-half of one per centum per month; and
(ii) for each full month that retirement predates age sixty, one-quar-
ter of one per centum per month, but in no event shall retirement be
permitted prior to attainment of age fifty-five.
3. THE ELIGIBILITY OF A NEW YORK CITY UNIFORMED CORRECTION OR SANITA-
TION REVISED PLAN MEMBER (AS DEFINED IN PARAGRAPH TWO OF SUBDIVISION A
OF SECTION SIX HUNDRED FOUR-J OF THIS ARTICLE) FOR SERVICE RETIREMENT
AND THE SERVICE RETIREMENT BENEFIT PAYABLE TO SUCH A RETIRED MEMBER
SHALL BE DETERMINED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF
SECTION SIX HUNDRED FOUR-J OF THIS ARTICLE, AND THE PROVISIONS OF PARA-
GRAPHS ONE AND TWO OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO SUCH A
MEMBER.
S 20. Section 604 of the retirement and social security law is amended
by adding a new subdivision b-1 to read as follows:
B-1. THE SERVICE RETIREMENT BENEFIT PAYABLE TO A RETIRED NEW YORK CITY
UNIFORMED CORRECTION OR SANITATION REVISED PLAN MEMBER (AS DEFINED IN
PARAGRAPH TWO OF SUBDIVISION A OF SECTION SIX HUNDRED FOUR-J OF THIS
ARTICLE) SHALL BE DETERMINED IN ACCORDANCE WITH THE APPLICABLE
PROVISIONS OF SECTION SIX HUNDRED FOUR-J OF THIS ARTICLE, AND THE
PROVISIONS OF SUBDIVISIONS A AND B OF THIS SECTION SHALL NOT BE APPLICA-
BLE TO SUCH A MEMBER.
S 21. Subdivision b of section 604-a of the retirement and social
security law is amended by adding a new paragraph 7 to read as follows:
7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, NO MEMBER
WHO BECOMES SUBJECT TO THE PROVISIONS OF THIS ARTICLE ON OR AFTER THE
EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE A PARTICIPANT IN THE
TWENTY-YEAR RETIREMENT PROGRAM.
S 22. The retirement and social security law is amended by adding a
new section 604-j to read as follows:
S 604-J. SERVICE RETIREMENT, VESTING, MEMBER CONTRIBUTIONS AND
PENSION SUPPLEMENTATION; NEW YORK CITY UNIFORMED CORRECTION OR SANITA-
TION REVISED PLAN MEMBERS. A. DEFINITIONS. THE FOLLOWING WORDS AND
PHRASES AS USED IN THIS SECTION SHALL HAVE THE FOLLOWING MEANINGS UNLESS
A DIFFERENT MEANING IS PLAINLY REQUIRED BY THE CONTEXT.
1. "NYCERS" SHALL MEAN THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM.
2. "NEW YORK CITY UNIFORMED CORRECTION OR SANITATION REVISED PLAN
MEMBER" SHALL MEAN A MEMBER OF NYCERS WHO BECOMES SUBJECT TO THE
PROVISIONS OF THIS ARTICLE ON OR AFTER THE EFFECTIVE DATE OF THIS
SECTION, AND WHO IS EMPLOYED IN EITHER THE UNIFORMED FORCE OF THE NEW
YORK CITY DEPARTMENT OF CORRECTION OR THE UNIFORMED FORCE OF THE NEW
YORK CITY DEPARTMENT OF SANITATION.
3. "ALLOWABLE UNIFORMED FORCE SERVICE CREDIT" SHALL MEAN:
(I) WITH RESPECT TO A MEMBER OF THE UNIFORMED FORCE OF THE NEW YORK
CITY DEPARTMENT OF CORRECTION, CREDITED SERVICE WHICH WAS RENDERED
(A) AS A MEMBER OF THE UNIFORMED FORCE OF THE NEW YORK CITY DEPARTMENT
OF CORRECTION;
(B) IN THE UNIFORMED FORCE OF THE NEW YORK CITY POLICE DEPARTMENT OR
THE UNIFORMED FORCE OF THE NEW YORK CITY FIRE DEPARTMENT IMMEDIATELY
PRIOR TO BECOMING A MEMBER OF THE UNIFORMED FORCE OF THE NEW YORK CITY
DEPARTMENT OF CORRECTION, AND WHICH WAS TRANSFERRED TO NYCERS PURSUANT
TO SECTION FORTY-THREE OF THIS CHAPTER; OR
(C) IN THE UNIFORMED FORCE OF THE NEW YORK CITY DEPARTMENT OF SANITA-
TION IMMEDIATELY PRIOR TO BECOMING A MEMBER OF THE UNIFORMED FORCE OF
THE NEW YORK CITY DEPARTMENT OF CORRECTION; OR
S. 56--A 131 A. 156--A
(II) WITH RESPECT TO A MEMBER OF THE UNIFORMED FORCE OF THE NEW YORK
CITY DEPARTMENT OF SANITATION, CREDITED SERVICE WHICH WAS RENDERED
(A) AS A MEMBER OF THE UNIFORMED FORCE OF THE NEW YORK CITY DEPARTMENT
OF SANITATION;
(B) IN THE UNIFORMED FORCE OF THE NEW YORK CITY POLICE DEPARTMENT OR
THE UNIFORMED FORCE OF THE NEW YORK CITY FIRE DEPARTMENT IMMEDIATELY
PRIOR TO BECOMING A MEMBER OF THE UNIFORMED FORCE OF THE NEW YORK CITY
DEPARTMENT OF SANITATION, AND WHICH WAS TRANSFERRED TO NYCERS PURSUANT
TO SECTION FORTY-THREE OF THIS CHAPTER; OR
(C) IN THE UNIFORMED FORCE OF THE NEW YORK CITY DEPARTMENT OF
CORRECTION IMMEDIATELY PRIOR TO BECOMING A MEMBER OF THE UNIFORMED FORCE
OF THE NEW YORK CITY DEPARTMENT OF SANITATION.
B. ELIGIBILITY FOR SERVICE RETIREMENT. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, AND EXCEPT AS PROVIDED IN THE EARLY
SERVICE RETIREMENT PROVISIONS OF PARAGRAPH TWO OF THIS SUBDIVISION, A
NEW YORK CITY UNIFORMED CORRECTION OR SANITATION REVISED PLAN MEMBER
SHALL BE REQUIRED TO BE AT LEAST FIFTY YEARS OF AGE AND HAVE TWENTY-FIVE
OR MORE YEARS OF ALLOWABLE UNIFORMED FORCE SERVICE CREDIT IN ORDER TO BE
ELIGIBLE FOR SERVICE RETIREMENT. THE SERVICE RETIREMENT BENEFIT PAYABLE
TO SUCH A MEMBER UPON RETIREMENT SHALL BE A RETIREMENT ALLOWANCE CALCU-
LATED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH ONE OF SUBDIVISION
C OF THIS SECTION.
2. A NEW YORK CITY UNIFORMED CORRECTION OR SANITATION REVISED PLAN
MEMBER WHO HAS TWENTY OR MORE YEARS OF ALLOWABLE UNIFORMED FORCE SERVICE
CREDIT SHALL BE ELIGIBLE FOR EARLY SERVICE RETIREMENT WITHOUT REGARD TO
AGE. THE EARLY SERVICE RETIREMENT BENEFIT PAYABLE TO SUCH A MEMBER UPON
RETIREMENT SHALL BE A REDUCED RETIREMENT ALLOWANCE CALCULATED IN ACCORD-
ANCE WITH THE PROVISIONS OF PARAGRAPH TWO OF SUBDIVISION C OF THIS
SECTION.
C. SERVICE RETIREMENT BENEFITS. 1. THE SERVICE RETIREMENT ALLOWANCE
PAYABLE TO A NEW YORK CITY UNIFORMED CORRECTION OR SANITATION REVISED
PLAN MEMBER WHO RETIRES PURSUANT TO PARAGRAPH ONE OF SUBDIVISION B OF
THIS SECTION SHALL BE AN AMOUNT EQUAL TO ONE-FIFTIETH OF FINAL AVERAGE
SALARY TIMES THE MEMBER'S TOTAL NUMBER OF YEARS OF CREDITED SERVICE.
2. THE SERVICE RETIREMENT ALLOWANCE PAYABLE TO A NEW YORK CITY
UNIFORMED CORRECTION OR SANITATION REVISED PLAN MEMBER WHO RETIRES
PURSUANT TO THE EARLY SERVICE RETIREMENT PROVISIONS OF PARAGRAPH TWO OF
SUBDIVISION B OF THIS SECTION SHALL BE AN AMOUNT CALCULATED IN ACCORD-
ANCE WITH THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVISION WITHOUT
OPTIONAL MODIFICATION, WHICH SHALL BE REDUCED BY FIVE PERCENT FOR EACH
YEAR BY WHICH RETIREMENT PRECEDES THE EARLIEST DATE ON WHICH SUCH MEMBER
COULD HAVE RETIRED FOR SERVICE PURSUANT TO PARAGRAPH ONE OF SUBDIVISION
B OF THIS SECTION AT THE AGE OF FIFTY OR ABOVE WITH AT LEAST TWENTY-FIVE
YEARS OF ALLOWABLE UNIFORMED FORCE SERVICE CREDIT, IF SUCH MEMBER HAD
REMAINED IN SERVICE. SUCH REDUCTION SHALL BE PRORATED FOR PARTIAL YEARS.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO NEW
YORK CITY UNIFORMED CORRECTION OR SANITATION REVISED PLAN MEMBER WHO
RETIRES FOR SERVICE PURSUANT TO THE PROVISIONS OF SUBDIVISION B OF THIS
SECTION AS A MEMBER OF THE UNIFORMED FORCE OF THE NEW YORK CITY DEPART-
MENT OF CORRECTION SHALL BE ENTITLED TO ANY VARIABLE SUPPLEMENTS
PAYMENTS FROM THE CORRECTION OFFICERS' VARIABLE SUPPLEMENTS FUND ESTAB-
LISHED BY SECTION 13-194 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK. NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED TO MEAN
OR IMPLY THAT VARIABLE SUPPLEMENTS OTHERWISE PAYABLE FROM SUCH VARIABLE
SUPPLEMENTS FUND CONSTITUTE PENSION OR RETIREMENT ALLOWANCE PAYMENTS, OR
S. 56--A 132 A. 156--A
THAT SUCH VARIABLE SUPPLEMENTS FUND CONSTITUTES A PENSION OR RETIREMENT
SYSTEM OR FUND.
D. VESTING. 1. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A OF
SECTION SIX HUNDRED TWELVE OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW
TO THE CONTRARY, A NEW YORK CITY UNIFORMED CORRECTION OR SANITATION
REVISED PLAN MEMBER WHO HAS TEN OR MORE YEARS OF ALLOWABLE UNIFORMED
FORCE SERVICE CREDIT UPON TERMINATION OF EMPLOYMENT SHALL BE ENTITLED TO
A DEFERRED VESTED BENEFIT AT AGE SIXTY-FIVE COMPUTED IN ACCORDANCE WITH
THE PROVISIONS OF PARAGRAPH ONE OF SUBDIVISION C OF THIS SECTION.
2. IN NO EVENT SHALL THE VESTED RETIREMENT ALLOWANCE PAYABLE WITHOUT
OPTIONAL MODIFICATION BE LESS THAN THE ACTUARIAL EQUIVALENT OF THE TOTAL
WHICH RESULTS FROM THE MEMBER'S CONTRIBUTIONS ACCUMULATED WITH INTEREST
AT FIVE PERCENT PER ANNUM COMPOUNDED ANNUALLY TO THE DATE OF RETIREMENT.
E. MEMBER CONTRIBUTIONS. 1. A NEW YORK CITY UNIFORMED CORRECTION OR
SANITATION REVISED PLAN MEMBER SHALL CONTRIBUTE TO NYCERS IN ACCORDANCE
WITH THE PROVISIONS OF PARAGRAPH THREE OF SUBDIVISION A OF SECTION SIX
HUNDRED THIRTEEN OF THIS ARTICLE.
2. THE PROVISIONS OF PARAGRAPH ONE OF SUBDIVISION B OF SECTION NINE
HUNDRED ELEVEN OF THIS CHAPTER SHALL NOT BE APPLICABLE TO A NEW YORK
CITY UNIFORMED CORRECTION OR SANITATION REVISED PLAN MEMBER.
F. PENSION SUPPLEMENTATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO THE CONTRARY, NO NEW YORK CITY UNIFORMED CORRECTION OR SANITATION
REVISED PLAN MEMBER WHO BECOMES ENTITLED TO A RETIREMENT ALLOWANCE FOR
ANY REASON WHATSOEVER AS A RESULT OF SUCH MEMBERSHIP, AND NO SURVIVOR OF
SUCH A MEMBER WHO BECOMES ENTITLED TO A RETIREMENT ALLOWANCE AS THE
RESULT OF THE DEATH OF SUCH A MEMBER (INCLUDING, BUT NOT LIMITED TO, AN
OPTION BENEFIT OR ACCIDENTAL DEATH BENEFIT), SHALL BE ENTITLED TO ANY
COST-OF-LIVING ADJUSTMENT TO SUCH RETIREMENT ALLOWANCE PURSUANT TO
SECTION 13-696 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, OR TO
ANY COST-OF-LIVING ADJUSTMENT OR PENSION SUPPLEMENTATION WITH RESPECT TO
SUCH RETIREMENT ALLOWANCE PURSUANT TO ANY OTHER PROVISION OF LAW.
G. DISABILITY BENEFITS; NEW YORK CITY DEPARTMENT OF CORRECTION. A
MEMBER OF THE UNIFORMED FORCE OF THE NEW YORK CITY DEPARTMENT OF
CORRECTION WHO IS A NEW YORK CITY UNIFORMED CORRECTION OR SANITATION
REVISED PLAN MEMBER MAY BE ELIGIBLE FOR ORDINARY DISABILITY BENEFITS
UNDER THE TERMS AND CONDITIONS SET FORTH IN SECTION FIVE HUNDRED SIX OF
THIS CHAPTER OR FOR ACCIDENTAL DISABILITY BENEFITS UNDER THE TERMS AND
CONDITIONS SET FORTH IN SECTION FIVE HUNDRED SEVEN OF THIS CHAPTER,
PROVIDED, HOWEVER, THAT ANY SUCH MEMBER WHO IS RETIRED PURSUANT TO THIS
SUBDIVISION UNDER THE TERMS AND CONDITIONS SET FORTH IN SECTION FIVE
HUNDRED SIX OR FIVE HUNDRED SEVEN OF THIS CHAPTER SHALL NOT BE ELIGIBLE
FOR ESCALATION OF BENEFITS PURSUANT TO SECTION FIVE HUNDRED TEN OF THIS
CHAPTER, AND PROVIDED FURTHER THAT THE COST-OF-LIVING ADJUSTMENT
PROVISIONS SET FORTH IN SECTION 13-696 OF THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK SHALL NOT BE APPLICABLE TO A RETIREMENT FOR ORDINARY OR
ACCIDENT DISABILITY PURSUANT TO THIS SUBDIVISION.
S 23. The retirement and social security law is amended by adding a
new section 605-d to read as follows:
S 605-D. PERFORMANCE OF DUTY DISABILITY RETIREMENT; NEW YORK CITY
DEPARTMENT OF CORRECTION. A. ANY MEMBER IN THE UNIFORMED PERSONNEL IN
INSTITUTIONS UNDER THE JURISDICTION OF THE NEW YORK CITY DEPARTMENT OF
CORRECTION, WHO BECOMES PHYSICALLY OR MENTALLY INCAPACITATED FOR THE
PERFORMANCE OF DUTIES AS THE NATURAL AND PROXIMATE RESULT OF ANY INJURY,
SUSTAINED IN THE PERFORMANCE OR DISCHARGE OF HIS OF HER DUTIES BY, OR AS
NATURAL AND PROXIMATE RESULT OF, AN ACT OF ANY INMATE OR ANY PERSON
CONFINED IN AN INSTITUTION UNDER THE JURISDICTION OF THE DEPARTMENT OF
S. 56--A 133 A. 156--A
CORRECTION OR THE DEPARTMENT OF HEALTH, OR BY ANY PERSON WHO HAS BEEN
COMMITTED TO SUCH INSTITUTION BY ANY COURT SHALL BE PAID A PERFORMANCE
OF DUTY DISABILITY RETIREMENT ALLOWANCE EQUAL TO THREE-QUARTERS OF FINAL
AVERAGE SALARY, SUBJECT TO THE PROVISIONS OF SECTION 13-176 OF THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY GENERAL OR
SPECIAL LAW TO THE CONTRARY, A MEMBER COVERED BY THIS SECTION WHO
CONTRACTS HIV (WHERE THERE MAY HAVE BEEN AN EXPOSURE TO A BODILY FLUID
OF AN INMATE OR A PERSON DESCRIBED IN SUBDIVISION A OF THIS SECTION AS A
NATURAL AND PROXIMATE RESULT OF AN ACT OF ANY INMATE OR PERSON DESCRIBED
IN SUBDIVISION A OF THIS SECTION THAT MAY HAVE INVOLVED TRANSMISSION OF
A SPECIFIED TRANSMISSIBLE DISEASE FROM AN INMATE OR SUCH PERSON
DESCRIBED IN SUCH SUBDIVISION A TO THE RETIREMENT SYSTEM MEMBER), TUBER-
CULOSIS OR HEPATITIS WILL BE PRESUMED TO HAVE CONTRACTED SUCH DISEASE IN
THE PERFORMANCE OR DISCHARGE OF HIS OR HER DUTIES, AND WILL BE PRESUMED
TO BE DISABLED FROM THE PERFORMANCE OF HIS OR HER DUTIES, UNLESS THE
CONTRARY BE PROVED BY COMPETENT EVIDENCE.
S 24. Subdivision b of section 606 of the retirement and social secu-
rity law, as amended by chapter 601 of the laws of 1997, is amended to
read as follows:
b. A member of a retirement system subject to the provisions of this
article who is a policeman, fireman, correction officer or sanitation
man and is in a plan which permits immediate retirement upon completion
of a specified period of service without regard to age or who is subject
to the provisions of section six hundred four OR SIX HUNDRED FOUR-J of
this article, shall upon completion of ninety days of service be covered
for financial protection in the event of death in service pursuant to
this subdivision. Such death benefit shall be equal to three times the
member's salary raised to the next highest multiple of one thousand
dollars, but in no event shall it exceed three times the maximum salary
specified in section one hundred thirty of the civil service law or, in
the case of a member of a retirement system other than the New York city
employees' retirement system, the specific limitations specified for age
of entrance into service contained in subparagraphs (b), (c), (d), (e)
and (f) of paragraph two of subdivision a of this section.
S 25. Subdivision a of section 612 of the retirement and social secu-
rity law, as amended by chapter 659 of the laws of 1999, is amended to
read as follows:
a. [A] EXCEPT AS PROVIDED BY SUBDIVISION C OF THIS SECTION, A member
who has five or more years of credited service upon termination of
employment, other than a member who is entitled to a deferred vested
benefit pursuant to any other provision of this article, shall be enti-
tled to a deferred vested benefit at normal retirement age computed in
accordance with the provisions of section six hundred four of this arti-
cle. A member of a teachers' retirement system or the New York state and
local employees' retirement system who has five or more years of credit-
ed service upon termination of employment shall be entitled to a
deferred vested benefit prior to normal retirement age, but no earlier
than age fifty-five, computed in accordance with the provisions of
subdivision i of section six hundred three of this article.
S 26. Section 612 of the retirement and social security law is amended
by adding a new subdivision c to read as follows:
C. THE VESTING RIGHTS OF A NEW YORK CITY UNIFORMED CORRECTION OR SANI-
TATION REVISED PLAN MEMBER (AS DEFINED IN PARAGRAPH TWO OF SUBDIVISION A
OF SECTION SIX HUNDRED FOUR-J OF THIS ARTICLE) SHALL BE GOVERNED BY THE
APPLICABLE PROVISIONS OF SUBDIVISION D OF SECTION SIX HUNDRED FOUR-J OF
S. 56--A 134 A. 156--A
THIS ARTICLE, AND THE PROVISIONS OF SUBDIVISION A OF THIS SECTION SHALL
NOT BE APPLICABLE TO SUCH MEMBER.
S 27. Paragraph 1 of subdivision a of section 613 of the retirement
and social security law, as amended by chapter 10 of the laws of 2000,
is amended to read as follows:
1. Except as provided by paragraph two OR THREE of this subdivision,
members shall contribute three percent of annual wages to the retirement
system in which they have membership. The head of each retirement system
shall promulgate such regulations as may be necessary and appropriate
with respect to the deduction of such contribution from members' wages
and for the maintenance of any special fund or funds with respect to
amounts [so] contributed PURSUANT TO THIS SUBDIVISION.
S 28. Subdivision a of section 613 of the retirement and social secu-
rity law is amended by adding a new paragraph 3 to read as follows:
3. A NEW YORK CITY UNIFORMED CORRECTION OR SANITATION REVISED PLAN
MEMBER (AS DEFINED IN PARAGRAPH TWO OF SUBDIVISION A OF SECTION SIX
HUNDRED FOUR-J OF THIS ARTICLE) SHALL CONTRIBUTE FIVE PERCENT OF HIS OR
HER ANNUAL WAGES TO SUCH RETIREMENT SYSTEM UNTIL HE OR SHE HAS
TWENTY-FIVE YEARS OF ALLOWABLE UNIFORMED FORCE SERVICE CREDIT (AS
DEFINED IN PARAGRAPH THREE OF SUBDIVISION A OF SECTION SIX HUNDRED
FOUR-J OF THIS ARTICLE).
S 29. Subdivision i of section 613-b of the retirement and social
security law, as amended by chapter 511 of the laws of 2005, is amended
to read as follows:
i. Notwithstanding the provisions of subdivision b of section six
hundred twelve of this article, OR THE PROVISIONS OF PARAGRAPH TWO OF
SUBDIVISION D OF SECTION SIX HUNDRED FOUR-J OF THIS ARTICLE, whenever a
member of such a retirement system, for whom a loan is outstanding,
retires, the retirement allowance payable without optional modification
shall be reduced by a life annuity which is actuarially equivalent to
the amount of the outstanding loan (all outstanding loans shall continue
to accrue interest charges until retirement), such life annuity being
calculated utilizing the interest rate on thirty year United States
treasury bonds as of January first of the calendar year of the effective
date of retirement and the mortality tables for options available under
section six hundred ten of this article. A retiree of the New York city
employees' retirement system or board of education retirement system of
the city of New York whose benefit has been so reduced may repay the
outstanding balance of the loan at any time. Benefits payable after the
repayment of the loan shall not be subject to the actuarial reduction
required by this subdivision.
S 30. Subdivision b of section 910 of the retirement and social secu-
rity law, as amended by chapter 110 of the laws of 2000, is amended to
read as follows:
b. "Eligible member" shall mean a member of a retirement system, OTHER
THAN A NEW YORK CITY UNIFORMED CORRECTION OR SANITATION REVISED PLAN
MEMBER (AS DEFINED IN PARAGRAPH TWO OF SUBDIVISION A OF SECTION SIX
HUNDRED FOUR-J OF THIS CHAPTER), OR other than a member who (1) is an
employee of the New York city transit authority, and (2) is either (i)
subject to the provisions of section 13-161 of the administrative code
of the city of New York or (ii) a New York city transit authority member
as defined in paragraph one of subdivision a of section six hundred
four-b of this chapter. Notwithstanding any other provision of law to
the contrary, the benefits provided herein shall only apply to an eligi-
ble member who is a member of a retirement system as defined by subdivi-
sion a of this section.
S. 56--A 135 A. 156--A
S 31. Paragraph (a) of subdivision 86 of section 13-101 of the admin-
istrative code of the city of New York, as added by chapter 114 of the
laws of 1989, is amended to read as follows:
(a) In the case of a uniformed force member (as defined in subdivision
eighty-five of this section) (1) who is a member of the uniformed trans-
it police force or (2) who is a member of the uniformed correction force
and is not a Tier III member (as defined in subdivision seventy-three of
this section) or A TIER IV MEMBER (AS DEFINED IN SUBDIVISION
SEVENTY-FOUR OF THIS SECTION) OR (3) who holds a position in the housing
police service, the term "normal rate of contribution as a uniformed
force member" shall mean the proportion of such member's earnable
compensation required to be deducted from his or her compensation by the
applicable provisions of sections 13-155, 13-156 and 13-157 of this
chapter and section 13-225 of the code, as his or her member contrib-
utions, exclusive of any increase in such contributions resulting from
an election by such member pursuant to law to effect such an increase,
or any decrease in such contributions on account of any program for
increased-take-home-pay or pursuant to subdivision one of section one
hundred thirty-eight-b of the retirement and social security law (relat-
ing to election to decrease member contributions by contributions due on
account of social security coverage).
S 32. Subdivision 86 of section 13-101 of the administrative code of
the city of New York is amended by adding a new paragraph (e) to read as
follows:
(E) IN THE CASE OF ANY UNIFORMED FORCE MEMBER WHO IS BOTH A MEMBER OF
THE UNIFORMED CORRECTION FORCE AND A TIER IV MEMBER, THE TERM "NORMAL
RATE OF CONTRIBUTION AS A UNIFORMED FORCE MEMBER" SHALL MEAN THE
PERCENTAGE OF THE ANNUAL WAGES OF SUCH MEMBER REQUIRED TO BE DEDUCTED
FROM SUCH MEMBER'S WAGES BY SUBDIVISION A OF SECTION SIX HUNDRED THIR-
TEEN OF THE RETIREMENT AND SOCIAL SECURITY LAW, AS HIS OR HER MEMBER
CONTRIBUTIONS.
S 32-a. Subdivision 87 of section 13-101 of the administrative code of
the city of New York, as added by chapter 114 of the laws of 1989, is
amended to read as follows:
87. "Contributing uniformed force member". With respect to any payroll
period as to which the status of a uniformed force member as to required
member contributions is to be determined, the term "contributing
uniformed force member" shall mean any uniformed force member other
than:
(a) a uniformed force member who, not being a Tier III member (as
defined in subdivision seventy-three of this section) or a Tier IV
member (as defined in subdivision seventy-six of this section), is not
required to contribute during such payroll period because of his or her
currently effective election to discontinue member contributions (i)
pursuant to subdivision b of section 13-225 of the code and paragraph
two of subdivision i of section 13-155 of this chapter or paragraph two
of subdivision i of section 13-156 of this chapter or paragraph two of
subdivision j of section 13-157 of this chapter or (ii) pursuant to
subdivision c of section 13-125 of this chapter; [and]
(b) a uniformed force member who is not required to contribute during
such payroll period because he or she is a Tier III member who, having
contributed for thirty years, has discontinued member contributions
pursuant to subdivision a of section five hundred seventeen of the
retirement and social security law; AND
(C) A UNIFORMED FORCE MEMBER WHO IS NOT REQUIRED TO CONTRIBUTE DURING
SUCH PAYROLL PERIOD BECAUSE HE OR SHE IS A NEW YORK CITY UNIFORMED
S. 56--A 136 A. 156--A
CORRECTION OR SANITATION REVISED PLAN MEMBER (AS DEFINED IN PARAGRAPH
TWO OF SUBDIVISION A OF SECTION SIX HUNDRED FOUR-J OF THE RETIREMENT AND
SOCIAL SECURITY LAW) WHO, HAVING CONTRIBUTED FOR TWENTY-FIVE YEARS, HAS
DISCONTINUED MEMBER CONTRIBUTIONS PURSUANT TO SUBDIVISION A OF SECTION
SIX HUNDRED THIRTEEN OF THE RETIREMENT AND SOCIAL SECURITY LAW.
S 33. Subdivision 89 of section 13-101 of the administrative code of
the city of New York is amended by adding a new paragraph (c-1) to read
as follows:
(C-1) IN THE CASE OF ANY CONTRIBUTING UNIFORMED FORCE MEMBER WHO IS
BOTH (1) A MEMBER OF THE UNIFORMED CORRECTION FORCE (AS DEFINED IN
SUBDIVISION THIRTY-NINE OF THIS SECTION) AND (2) A TIER IV MEMBER (AS
DEFINED IN SUBDIVISION SEVENTY-FOUR OF THIS SECTION), THE TERM
"UNIFORMED FORCE MEMBER CONTRIBUTIONS ELIGIBLE FOR PICK UP BY THE
EMPLOYER" SHALL MEAN THE AMOUNT WHICH, IN THE ABSENCE OF A PICK UP
PROGRAM APPLICABLE TO SUCH MEMBER PURSUANT TO SECTION 13-125.1 OF THIS
CHAPTER, WOULD BE REQUIRED TO BE DEDUCTED FROM THE WAGES OF SUCH MEMBER
FOR SUCH PAYROLL PERIOD PURSUANT TO SUBDIVISION A OF SECTION SIX HUNDRED
THIRTEEN OF THE RETIREMENT AND SOCIAL SECURITY LAW AS HIS OR HER
REQUIRED MEMBER CONTRIBUTIONS FOR SUCH PAYROLL PERIOD.
S 34. Paragraph (c) of subdivision 1 of section 13-194 of the adminis-
trative code of the city of New York, as amended by chapter 255 of the
laws of 2000, is amended to read as follows:
(c) "Beneficiary". Any person who receives a retirement allowance by
reason of having retired, on or after July first, nineteen hundred nine-
ty-nine for service as a correction officer with immediate payability of
a retirement allowance, and with credit for (1) twenty or more years of
service, if such correction officer retires as a participant in and
pursuant to the provisions of a twenty-year uniformed correction plan
(as defined in paragraph (e) of this subdivision), or (2) twenty-five or
more years of service, if such correction officer retires as a partic-
ipant in and pursuant to the provisions of a retirement plan other than
a twenty-year uniformed correction plan, provided, however, that NO NEW
YORK CITY UNIFORMED CORRECTION OR SANITATION REVISED PLAN MEMBER (AS
DEFINED IN PARAGRAPH TWO OF SUBDIVISION A OF SECTION SIX HUNDRED FOUR-J
OF THE RETIREMENT AND SOCIAL SECURITY LAW) WHO RETIRES FOR SERVICE
PURSUANT TO SUBDIVISION B OF SECTION SIX HUNDRED FOUR-J OF THE RETIRE-
MENT AND SOCIAL SECURITY LAW AS A CORRECTION OFFICER SHALL BE ENTITLED
TO ANY VARIABLE SUPPLEMENTS FROM THE CORRECTION OFFICERS' VARIABLE
SUPPLEMENTS FUND ESTABLISHED BY THIS SECTION, AND PROVIDED FURTHER THAT
nothing contained in this paragraph shall be construed as modifying any
eligibility requirement for service retirement in any service retirement
plan.
S 35. Subdivisions a, g and h of section 13-696 of the administrative
code of the city of New York, subdivision a as amended by chapter 288 of
the laws of 2001 and subdivisions g and h as added by chapter 125 of the
laws of 2000, are amended to read as follows:
a. [A] EXCEPT AS PROVIDED BY SUBDIVISION L OF THIS SECTION, A cost-of-
living adjustment shall be payable to retired members of the New York
city employees' retirement system, the New York city teachers' retire-
ment system, the New York city police pension fund, the New York city
fire department pension fund, the New York city board of education
retirement system or the relief and pension fund of the department of
street cleaning provided for in subchapter one of this chapter on the
basis provided for in this section to: (i) all retired members who have
attained age sixty-two and have been retired for five years; (ii) all
retired members who have attained age fifty-five and have been retired
S. 56--A 137 A. 156--A
for ten years; (iii) all members who retired for disability regardless
of age who have been retired for five years; and (iv) all recipients of
an accidental death benefit regardless of age who have been receiving
such benefit for five years.
g. Notwithstanding any other provision of law, AND EXCEPT AS PROVIDED
BY SUBDIVISION L OF THIS SECTION, the surviving spouse of a deceased
retired member of the New York city employees' retirement system, the
New York city teachers' retirement system, the New York city police
pension fund, the New York city fire department pension fund or the New
York city board of education retirement system who retired under an
option which provides that benefits are to be continued for life to the
surviving spouse after the death of the member, shall be entitled to
receive a benefit pursuant to this section. Said benefit shall be fifty
percent of the monthly benefit which the pensioner would be receiving if
living, and shall commence (i) with a payment for the month of Septem-
ber, two thousand, or (ii) the month following the death of the deceased
retired member, whichever is later.
h. Notwithstanding any law to the contrary, AND SUBJECT TO THE
PROVISION OF SUBDIVISION J OF THIS SECTION, said cost of living adjust-
ment shall be in lieu of the supplemental retirement allowance provided
pursuant to sections 13-680 and 13-691 of this subchapter or section two
hundred seven-i of the general municipal law or sections thirty and
thirty-one of chapter six hundred fifty-eight of the laws of nineteen
hundred eighty-four or section ten of chapter eight of the laws of nine-
teen hundred eighty-eight as amended by chapter five hundred eighty-one
of the laws of nineteen hundred eighty-nine or section twelve of chapter
one hundred nineteen of the laws of nineteen hundred ninety-five or
sections four and eight of chapter three hundred ninety of the laws of
nineteen hundred ninety-eight, unless such other supplemental retirement
allowances payable to a pensioner are in excess of that provided by this
section, in which latter case such other supplemental retirement allow-
ances shall be paid and no supplemental retirement allowance shall be
paid under this section, provided however, that in the case of benefits
provided pursuant to article fourteen of the retirement and social secu-
rity law, the cost of living adjustment provided herein shall be in lieu
of the escalation provided by section five hundred ten of the retirement
and social security law (other than the escalation provided for in
subdivision e of such section), unless such escalation is in excess of
the cost of living adjustment provided for in this section, in which
latter case such escalation shall be paid and this section shall not
apply.
S 36. Section 13-696 of the administrative code of the city of New
York is amended by adding a new subdivision l to read as follows:
L. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR ANY OTHER
PROVISION OF LAW, NO NEW YORK CITY UNIFORMED CORRECTION OR SANITATION
REVISED PLAN MEMBER (AS DEFINED IN PARAGRAPH TWO OF SUBDIVISION A OF
SECTION SIX HUNDRED FOUR-J OF THE RETIREMENT AND SOCIAL SECURITY LAW) OR
NEW YORK CITY POLICE OR FIRE REVISED PLAN MEMBER (AS DEFINED IN SECTION
FOUR HUNDRED FIFTY OF THE RETIREMENT AND SOCIAL SECURITY LAW) WHO
BECOMES ENTITLED TO A RETIREMENT ALLOWANCE FOR ANY REASON WHATSOEVER AS
A RESULT OF SUCH MEMBERSHIP, AND NO SURVIVOR OF SUCH A MEMBER WHO
BECOMES ENTITLED TO A RETIREMENT ALLOWANCE AS THE RESULT OF THE DEATH OF
SUCH A MEMBER (INCLUDING, BUT NOT LIMITED TO, AN OPTION BENEFIT OR AN
ACCIDENTAL DEATH BENEFIT), SHALL BE ENTITLED TO ANY COST-OF-LIVING
ADJUSTMENT TO SUCH RETIREMENT ALLOWANCE PURSUANT TO THIS SECTION, OR TO
S. 56--A 138 A. 156--A
ANY COST-OF-LIVING ADJUSTMENT OR PENSION SUPPLEMENTATION WITH RESPECT TO
SUCH RETIREMENT ALLOWANCE PURSUANT TO ANY OTHER PROVISION OF LAW.
S 37. This act shall take effect immediately; provided however that:
(a) the amendments to subdivision 33 of section 13-214 of the adminis-
trative code of the city of New York made by section nine of this act
shall not affect the expiration of such subdivision and shall be deemed
to expire therewith;
(b) the amendments to subdivision a of section 603 of the retirement
and social security law made by section seventeen of this act shall be
subject to the expiration and reversion of such subdivision pursuant to
section 13 of chapter 682 of the laws of 2003, as amended, when upon
such date the provisions of section seventeen-a of this act shall take
effect; and
(c) the amendments to article 15 of the retirement and social security
law made by sections fifteen through twenty-nine of this act shall
expire on the same date as such article expires pursuant to section 615
of such law; provided, further that the amendments to subdivisions 86
and 89 of section 13-101 of the administrative code of the city of New
York made by sections thirty-one, thirty-two and thirty-three of this
act shall not affect the expiration of such subdivisions and shall be
deemed to expire therewith.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
With respect to uniformed employees of the city of New York's police,
fire, corrections and sanitation departments, budgetary savings in the
first year after enactment are estimated at approximately $25 million,
with annual savings thereafter growing by approximately $25 million per
year, as new hires replace existing employees when they retire. In ten
years, such city will achieve $250 million in annual savings and twenty
years from now, annual savings will be approximately $500 million. This
fiscal note is intended for the 2009 legislative session and was
prepared by Andrew G. Dowling, Assistant Director, New York City Office
of Management and Budget.
PART EE
Section 1. Section 200 of the state finance law is amended by adding
two new subdivisions 2-c and 2-d to read as follows:
2-C. (A) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW:
(1) FOR THE PAYROLLS COVERING OFFICERS AND EMPLOYEES OF THE STATE,
EXCEPT AS PROVIDED IN SUBPARAGRAPH TWO OF THIS PARAGRAPH: COMMENCING
WITH THE EARLIEST ADMINISTRATIVELY FEASIBLE ADMINISTRATIVE AND INSTITU-
TIONAL PAYROLL PERIOD, PAYMENT ON THE PAYMENT DATE OF THE FIVE SUBSE-
QUENT PAYROLL PERIODS SHALL BE FOR NINE-TENTHS OF THAT AMOUNT PAID EACH
PAYROLL PERIOD UNTIL A TOTAL OF FIVE-TENTHS OF SALARY FOR ONE PAYROLL
PERIOD THAT WOULD BE PAID BUT FOR THIS SUBDIVISION HAS BEEN WITHHELD.
THEREAFTER, PAYMENT SHALL BE IN THE SAME MANNER AS IN EFFECT PRIOR TO
THE EFFECTIVE DATE OF THIS SUBDIVISION.
(2) THE PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL APPLY
TO OFFICERS AND EMPLOYEES OF THE STATE SUBJECT TO SECTION FIVE OF CHAP-
TER THREE HUNDRED FIFTY-THREE OF THE LAWS OF NINETEEN HUNDRED EIGHTY-TWO
COMMENCING WITH THE PAYROLL PERIOD (AND CORRESPONDING PAYMENT DATE)
IMMEDIATELY FOLLOWING THE COMPLETION OF THE PROCEDURE FOR THE PAYMENT OF
SALARIES AND WAGES ESTABLISHED BY THE COMPTROLLER PURSUANT TO SUCH
SECTION OF CHAPTER THREE HUNDRED FIFTY-THREE OF THE LAWS OF NINETEEN
HUNDRED EIGHTY-TWO.
S. 56--A 139 A. 156--A
(3) WHERE SALARY HAS BEEN WITHHELD PURSUANT TO THIS SUBDIVISION, IN
LIEU OF SUCH SALARY, AN OFFICER OR EMPLOYEE, UPON RETIREMENT OR OTHER
SEPARATION FROM SERVICE, OR THE BENEFICIARY OF AN EMPLOYEE WHO DIES,
SHALL BE ENTITLED TO A LUMP SUM PAYMENT EQUAL TO THE SALARY SO WITHHELD
AT THE RATE OF BASIC ANNUAL SALARY IN EFFECT AT THE TIME OF DEATH,
RETIREMENT, OR OTHER SEPARATION FROM SERVICE FOR EACH DAY OR PART THERE-
OF FOR WHICH SALARY WAS WITHHELD PURSUANT TO THIS SECTION, BUT IN NO
CASE SHALL SUCH LUMP SUM PAYMENT BE LESS THAN THE AMOUNT OF SALARY
ORIGINALLY WITHHELD.
(4) THE WITHHOLDING PROVIDED FOR IN THIS SUBDIVISION SHALL CONTINUE IN
EFFECT, EXCEPT AS PROVIDED IN SUBPARAGRAPH THREE OF THIS PARAGRAPH,
UNTIL APRIL FIRST, TWO THOUSAND ELEVEN, AND FOR EACH FISCAL YEAR THERE-
AFTER UPON A FINDING BY THE DIRECTOR OF THE BUDGET THAT CONTINUATION IS
NECESSARY TO MEET THE STATE'S FINANCIAL PLAN REQUIREMENTS AND TO ADDRESS
EXIGENT FISCAL CIRCUMSTANCES. SUCH A FINDING SHALL BE MADE IN A WRITTEN
CERTIFICATION BY THE DIRECTOR OF THE BUDGET PRIOR TO THE COMMENCEMENT OF
THE FISCAL YEAR IN WHICH THE WITHHOLDING IS TO REMAIN IN EFFECT. IN
DETERMINING WHETHER THE WITHHOLDING IS REQUIRED TO MEET FINANCIAL PLAN
REQUIREMENTS OR IN RESPONSE TO EXIGENT FISCAL CIRCUMSTANCES, THE DIREC-
TOR OF THE BUDGET SHALL CONSIDER: (I) WHETHER THE STATE'S FINANCIAL PLAN
IS IN BALANCE IN THE THEN CURRENT FISCAL YEAR, AND WHETHER BUDGET GAPS
ARE PROJECTED FOR FUTURE YEARS; (II) THE EXTENT TO WHICH THERE HAS BEEN
A DIMINUTION IN THE STATE'S GENERAL FUND REVENUE, OR AN INCREASE IN ITS
EXPENDITURES, DURING THE PRIOR FISCAL YEAR, AND ANY FACTORS WHICH COULD
REASONABLY BE ANTICIPATED TO LEAD TO SUCH DIMINUTION OR INCREASE IN THE
FISCAL YEAR THAT FOLLOWS; (III) THE AVAILABILITY TO THE STATE OF OTHER
SOURCES OF REVENUE OR REDUCTIONS IN EXPENDITURES SUCH THAT THERE IS A
REASONABLE LIKELIHOOD THAT THE STATE'S REVENUES AND EXPENDITURES IN SUCH
FINANCIAL PLAN PERIOD WOULD NOT BALANCE; (IV) THE POTENTIAL IMPACT OF
THE TERMINATION OF THE WITHHOLDING ON NEW YORK STATE'S CREDIT RATING;
AND (V) SUCH OTHER FACTORS AS POSITIVELY OR NEGATIVELY IMPACT THE
STATE'S FINANCIAL PLAN. UPON THE TERMINATION OF WITHHOLDING UNDER THIS
SUBDIVISION, SALARY THAT HAS BEEN WITHHELD UNDER THIS SECTION SHALL BE
PAID WITHIN SIXTY DAYS TO EACH EMPLOYEE IN A LUMP SUM PAYMENT EQUAL TO
THE SALARY SO WITHHELD AT THE RATE OF BASIC ANNUAL SALARY IN EFFECT AT
THE TIME OF SUCH TERMINATION, BUT IN NO CASE SHALL SUCH LUMP SUM PAYMENT
BE LESS THAN THE AMOUNT OF SALARY ORIGINALLY WITHHELD.
(B) (1) "OFFICERS AND EMPLOYEES OF THE STATE" SHALL MEAN (I) OFFICERS
AND EMPLOYEES OF THE EXECUTIVE BRANCH (INCLUDING THE STATE UNIVERSITY
AND THE SENIOR COLLEGES OF THE CITY UNIVERSITY OF NEW YORK); (II) OFFI-
CERS AND EMPLOYEES OF THE STATUTORY OR CONTRACT COLLEGES OF THE STATE
(BUT IN THE CASE OF A STATUTORY OR CONTRACT COLLEGE FOR WHICH STATE
PAYMENT IS MADE BY REIMBURSEMENT INSTEAD OF DIRECT PAYROLL PAYMENT, SUCH
REIMBURSEMENT SHALL BE REDUCED AND PAID IN A MANNER CONSISTENT WITH THE
PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION); (III) NONJUDICIAL
OFFICERS AND EMPLOYEES OF THE UNIFIED COURT SYSTEM IF THE CHIEF ADMINIS-
TRATOR OF THE COURTS SO ELECTS; (IV) EMPLOYEES OF THE SENATE IF THE
TEMPORARY PRESIDENT OF THE SENATE SO ELECTS; (V) EMPLOYEES OF THE ASSEM-
BLY IF THE SPEAKER OF THE ASSEMBLY SO ELECTS; (VI) EMPLOYEES OF JOINT
LEGISLATIVE EMPLOYERS IF THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY MUTUALLY SO ELECT FOR ALL SUCH JOINT LEGISLATIVE
EMPLOYERS. ANY ELECTION MADE, PURSUANT TO CLAUSE (III), (IV), (V) OR
(VI) OF THIS SUBPARAGRAPH SHALL BE IN WRITING AND FILED WITH THE STATE
COMPTROLLER NOT LATER THAN SEVEN DAYS FROM THE EFFECTIVE DATE OF THIS
SUBDIVISION; IN THE CASE OF AN ENTITY DESCRIBED IN CLAUSES (III) THROUGH
(VI) OF THIS SUBPARAGRAPH FOR WHICH AN ELECTION IS NOT MADE, OTHER
S. 56--A 140 A. 156--A
EQUIVALENT DEMONSTRABLE SAVINGS SHALL BE EFFECTED FOR THE FISCAL YEAR
ENDING MARCH THIRTY-FIRST, TWO THOUSAND TEN.
(2) "EMPLOYEES OF THE SENATE, ASSEMBLY OR A JOINT LEGISLATIVE EMPLOY-
ER" SHALL BE AS DEFINED IN SECTION SEVEN-D OF THE LEGISLATIVE LAW
(INCLUDING SECTIONS SEVEN-A AND SEVEN-B OF SUCH LAW) OR BY ANY OTHER
PROVISION OF LAW WHICH CLASSIFIES EMPLOYEES OF AN ENTITY TO BE LEGISLA-
TIVE EMPLOYEES FOR ALL PURPOSES; SUCH TERM SHALL NOT INCLUDE SENATORS OR
MEMBERS OF THE ASSEMBLY.
(3) "JOINT LEGISLATIVE EMPLOYER" SHALL MEAN LEGISLATIVE COMMISSIONS,
COMMITTEES, TASK FORCES, COUNCILS OR SIMILAR BODIES WHOSE MEMBERSHIP IS
COMPRISED OF BOTH SENATORS AND ASSEMBLY MEMBERS, OR WHICH CONSISTS OF
COMMISSIONERS, OR THE MAJORITY OF WHOSE MEMBERSHIP IS APPOINTED BY ONE
OR MORE OF THE FOLLOWING: THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND/OR THE
MINORITY LEADER OF THE ASSEMBLY. THE TEMPORARY PRESIDENT OF THE SENATE
AND SPEAKER OF THE ASSEMBLY SHALL BE THE JOINT LEGISLATIVE EMPLOYER OF
THE EMPLOYEES OF THE LEGISLATURE REFERRED TO IN SECTIONS SEVEN-A AND
SEVEN-B OF THE LEGISLATIVE LAW.
(C) FOR OFFICERS AND EMPLOYEES HIRED AFTER THE EFFECTIVE DATE OF THIS
SUBDIVISION, THE WITHHOLDING OF FIVE DAYS OF SALARY SHALL BE ACCOM-
PLISHED IN THE SAME MANNER PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION
PROVIDED, HOWEVER, SUCH WITHHOLDING SHALL BE TAKEN ON THE FIRST FIVE
PAYMENT DATES IN WHICH SUCH NEW EMPLOYEES WOULD OTHERWISE HAVE RECEIVED
THEIR SALARY.
2-D. FOR NONJUDICIAL OFFICERS AND EMPLOYEES OF THE UNIFIED COURT
SYSTEM: COMMENCING WITH THE EARLIEST ADMINISTRATIVELY FEASIBLE PAYROLL
PERIOD (AND CORRESPONDING PAYMENT DATE) SUBSEQUENT TO THE EFFECTIVE DATE
OF THIS SUBDIVISION, PAYMENT ON THE PAYMENT DATE OF THE FIVE SUBSEQUENT
PAYROLL PERIODS SHALL BE FOR NINE-TENTHS OF THAT AMOUNT PAID EACH
PAYROLL PERIOD UNTIL A TOTAL OF FIVE-TENTHS OF SALARY FOR ONE PAYROLL
PERIOD THAT WOULD BE PAID BUT FOR THIS PROVISION HAS BEEN WITHHELD. FOR
NONJUDICIAL OFFICERS AND EMPLOYEES HIRED AFTER THE EFFECTIVE DATE OF
THIS SUBDIVISION, THE WITHHOLDING OF FIVE DAYS OF SALARY SHALL BE ACCOM-
PLISHED IN THE SAME MANNER DESCRIBED ABOVE, PROVIDED, HOWEVER, SUCH
WITHHOLDING SHALL BE MADE ON THE FIRST FIVE PAYMENT DATES IN WHICH SUCH
NEW OFFICERS OR EMPLOYEES WOULD OTHERWISE HAVE RECEIVED THEIR SALARY.
S 2. This act shall take effect immediately.
PART FF
Section 1. Section 544 of the real property tax law is amended by
adding a new subdivision 3 to read as follows:
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL TAXES PAID BY THE
STATE AFTER APRIL FIRST, TWO THOUSAND NINE PURSUANT TO THIS ARTICLE
SHALL BE NO GREATER THAN THE AMOUNT PAID BY THE STATE DURING THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND NINE. FOR LANDS ACQUIRED BY
THE STATE AFTER APRIL FIRST, TWO THOUSAND NINE OR AFTER THE TAXABLE
STATUS DATE OF SUCH LANDS DURING THE STATE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND NINE, THE TAXES PAID SHALL BE NO GREATER THAN
THE TAXES OWED ON SUCH LANDS DURING THE FISCAL YEAR IN WHICH THE STATE'S
INITIAL TAX PAYMENT WAS DUE PURSUANT TO THIS ARTICLE.
S 2. Section 19 of the public lands law, as amended by chapter 385 of
the laws of 1994, is amended to read as follows:
S 19. Taxes and assessments for local improvements on state lands. A
person, body or board authorized to assess lands for local improvements
or purposes, shall serve on the comptroller of the state, at least three
S. 56--A 141 A. 156--A
weeks prior to the confirmation of the same, a written notice of every
assessment on state lands, showing the purpose for which the assessment
is made, the state lands assessed and the amounts for which they are
assessed, and referring to the law authorizing the assessment, and no
such assessment shall be legal unless such notice is duly served. No
fee, interest, penalty or expense shall be added to or accrue on any
such assessment against state lands, nor shall such lands be sold there-
for; but such assessments shall, if confirmed and uncontested, be paid
and discharged out of any moneys appropriated therefor. All sales of
state lands for unpaid taxes or assessments for local improvements or
purposes are void. All taxes and assessments legally made on state
lands, and all legal rents or charges thereon, shall be audited by the
comptroller and paid out of the treasury. On or before January fifteenth
the comptroller, in consultation with the board of real property
services and other agencies as may be appropriate, shall submit to the
governor and the legislature an annual accounting of taxes and assess-
ments paid pursuant to this section during the preceding and current
fiscal years. Such accounting shall include, but not be limited to the
number, type and amount of such payments, as well as an estimate of
payments to be made during the remainder of the current fiscal year and
during the following fiscal year. If any provision of this section
conflict with any provision of any other general, special or local law,
this section shall prevail; and no other general, special or local law
shall be deemed to repeal, alter or abridge any provision of this
section, unless this section or this article or this chapter be express-
ly and specifically referred to therein. This section shall extend, in
its operation and effect, so as to include all actions and proceedings,
whether judicial or administrative, heretofore commenced under any
general, special or local law and now pending. ALL PAYMENTS MADE BY THE
STATE PURSUANT TO THIS SECTION AFTER MARCH FIRST, TWO THOUSAND NINE
SHALL BE EQUAL TO AN AMOUNT EQUAL TO THE ASSESSMENT OTHERWISE OWED LESS
SIX PER CENTUM.
S 3. Subdivisions 2 and 2-a of section 19-a of the public lands law,
subdivision 2 as added by chapter 161 of the laws of 1965, paragraph 3
of subdivision 2 as amended by section 2 of part F of chapter 56 of the
laws of 2000 and subdivision 2-a as amended by section 1 of part K1 of
chapter 109 of the laws of 2006, are amended to read as follows:
2. The state aid payable to a city pursuant to this section shall be
computed and paid as follows:
(1) Commencing with the first fiscal year of such city subsequent to
the taxable status date of the assessment roll of such city occurring
after the acquisition of such land and improvements thereon by the state
or agency of the state and for each fiscal year thereafter to and not
including the first fiscal year of such city subsequent to the taxable
status date of such roll occurring after the final completion of
construction of such facilities on such land, an amount shall be paid
equal to the amount of taxes levied by or in behalf of the city against
such lands and the improvements thereon on the last assessment roll
finally completed prior to the acquisition by the state or agency of the
state;
(2) Commencing with the first fiscal year of such city subsequent to
the taxable status date of the assessment roll of such city occurring
after the final completion of the construction of such facilities and
for each fiscal year thereafter for the period of probable usefulness as
set forth in section sixty-one of the state finance law of such facili-
ties or of such lands on which the facilities are constructed whichever
S. 56--A 142 A. 156--A
is longer but in no event to exceed a period of thirty years, an amount
equal to one percent of the sum of the actual acquisition cost of the
land and the improvements thereon and the actual cost of the
construction of facilities thereon, provided, however, that the state
director of the budget and the mayor of a city with the approval of the
legislative body of such city may agree in writing that such state aid
may be an amount less than herein provided or that such city shall not
make application for any such aid under this section; [and]
(3) The aggregate amount of state aid paid pursuant to this section,
exclusive of the amount of state aid paid pursuant to subdivision two-a
of this section, shall in no event exceed the aggregate amount of state
aid provided in paragraph two of this subdivision[.]; AND
(4) PAYMENT MADE PURSUANT TO THIS SUBDIVISION AFTER MARCH FIRST, TWO
THOUSAND NINE SHALL BE EQUAL TO THE AMOUNT CALCULATED ACCORDING TO THE
PROVISIONS OF THIS SUBDIVISION LESS SIX PER CENTUM.
2-a. (1) Notwithstanding any provision of this section to the contra-
ry, in addition to state aid otherwise payable pursuant to this section,
there shall be payable to any city located in a county in which there
has been constructed a state office building project in accordance with
the provisions of chapter one hundred fifty-two of the laws of nineteen
hundred sixty-four, as amended, and pursuant to an agreement entitled
the "South Mall contract" dated May eleventh, nineteen hundred sixty-
five, state aid in accordance with the following schedule:
State
Fiscal
Year Amount
2000-2001 $4,500,000
2001-2002 $4,500,000
2002-2003 $4,500,000
2003-2004 $9,850,000
2004-2005 $16,850,000
2005-2006 $22,850,000
2006-2007 $22,850,000
2007-2008 $22,850,000
2008-2009 $22,850,000
2009-2010 [$22,850,000] $21,479,000
2010-2011 [$22,850,000] $21,479,000
2011-2012 [$15,000,000] $14,100,000
2012-2013 [$15,000,000] $14,100,000
2013-2014 [$15,000,000] $14,100,000
2014-2015 [$15,000,000] $14,100,000
2015-2016 [$15,000,000] $14,100,000
2016-2017 [$15,000,000] $14,100,000
2017-2018 [$15,000,000] $14,100,000
2018-2019 [$15,000,000] $14,100,000
2019-2020 [$15,000,000] $14,100,000
2020-2021 [$15,000,000] $14,100,000
2021-2022 [$15,000,000] $14,100,000
2022-2023 [$15,000,000] $14,100,000
2023-2024 [$15,000,000] $14,100,000
2024-2025 [$15,000,000] $14,100,000
2025-2026 [$15,000,000] $14,100,000
2026-2027 [$15,000,000] $14,100,000
2027-2028 [$15,000,000] $14,100,000
2028-2029 [$15,000,000] $14,100,000
S. 56--A 143 A. 156--A
2029-2030 [$15,000,000] $14,100,000
2030-2031 [$15,000,000] $14,100,000
2031-2032 [$15,000,000] $14,100,000
2032-2033 [$15,000,000] $14,100,000
(2) The state aid payable to any such city pursuant to this subdivi-
sion shall be the sole and exclusive state aid payable pursuant to this
section to any such city with respect to the state-leased or state-owned
lands referenced in this subdivision. Any such city shall continue to be
eligible for the payment of state aid pursuant to the other provisions
of this section but not with respect to the state-leased or state-owned
lands referenced in this subdivision.
(3) State aid otherwise payable on account of the real property
described in this subdivision shall no longer be paid if title to such
real property is conveyed to a person or entity other than the state or
an agency of the state.
(4) The state aid payable under paragraph one of this subdivision
shall be payable upon application to the state comptroller by the chief
fiscal officer of a city which qualifies for aid pursuant to this subdi-
vision. The application shall be made on a form prescribed by such
comptroller and shall contain such information as such comptroller shall
require. Upon approval of the application and determination by such
comptroller of the amount of state aid payable under this subdivision,
such state aid shall be paid upon the warrant of such comptroller. Annu-
al payment shall be made to a qualified city not later than December
first in each year commencing with the year two thousand and ending in
the year two thousand ten. Thereafter, payment shall be made to a quali-
fied city in two equal installments, the first occurring no earlier than
April first and no later than May first, the second occurring no earlier
than October first and no later than November first. Such payments shall
conclude in the year two thousand thirty-two. Provided however, that any
such payment shall be reduced by any amount necessary to meet eligible
obligations of the Albany convention center authority, as created by
section twenty-six hundred seventy-five-d of the public authorities law
and as certified by the chairperson of said authority, provided that
such certification in such form as the authority deems desirable, but
including at a minimum the exact amount of payment required to satisfy
the authority's obligations pursuant to section twenty-six hundred
seventy-five-ii of the public authorities law is delivered to the state
comptroller no later than March first and September first, respectively.
The state comptroller, upon receipt of such certificate from the author-
ity, shall withhold from the qualified city state aid payable to such
qualified city, to the extent necessary to meet the required amount of
payments pursuant to such certificate. The state comptroller shall pay
over to the authority the amount so withheld on or before March
fifteenth and September fifteenth, respectively, and shall remit any
remaining amount of such installment payment to the qualified city, as
otherwise provided by this subdivision.
S 4. This act shall take effect March 1, 2009, provided that the
provisions of section one of this act shall take effect April 1, 2009.
PART GG
Section 1. Paragraph d of subdivision 10 of section 54 of the state
finance law, as added by section 1 of part F of chapter 56 of the laws
of 2007, is amended to read as follows:
S. 56--A 144 A. 156--A
d. Additional annual apportionments. Within amounts appropriated in
the state fiscal year commencing April first, two thousand seven and in
[each state fiscal year thereafter through and including] the state
fiscal year commencing April first, two thousand [ten] EIGHT, munici-
palities shall receive additional aid apportioned as follows:
(i) Any municipality with an average full valuation per capita equal
to or less than the average full valuation per capita for municipalities
that is a city, a town with a population greater than fifteen thousand,
or a village with a population greater than ten thousand, shall be
eligible to receive an additional annual apportionment equal to:
(1) nine percent of such municipality's base level grant if the muni-
cipality meets all of the fiscal distress indicators in paragraph c of
this subdivision,
(2) seven percent of such municipality's base level grant if the muni-
cipality meets any three of the fiscal distress indicators in paragraph
c of this subdivision, or
(3) five percent of such municipality's base level grant if the muni-
cipality meets at least one but no more than two of the fiscal distress
indicators in paragraph c of this subdivision.
(ii) Any municipality with an average full valuation per capita equal
to or less than the average full valuation per capita for municipalities
that is a town with a population of fifteen thousand or less or a
village with a population of ten thousand or less which meets one or
more of the fiscal distress indicators in subparagraphs (i), (ii) and
(iii) of paragraph c of this subdivision shall be eligible to receive an
additional annual apportionment equal to five percent of such munici-
pality's base level grant.
(iii) Any municipality that does not qualify for an additional annual
apportionment pursuant to subparagraphs (i) and (ii) of this paragraph
shall be eligible to receive an additional annual apportionment equal to
three percent of such municipality's base level grant.
S 2. Paragraph e of subdivision 10 of section 54 of the state finance
law, as amended by section 3 of part O of chapter 56 of the laws of
2008, is amended to read as follows:
e. Per capita adjustment. Within amounts appropriated in the state
fiscal year commencing April first, two thousand seven and in [each
state fiscal year thereafter through and including] the state fiscal
year commencing April first, two thousand [ten] EIGHT, additional aid
shall be apportioned as follows:
(i) For the purposes of subparagraphs (ii), (iii), (iv) and (v) of
this paragraph, the threshold percentage shall be seventy-five percent
in the state fiscal year commencing April first, two thousand seven[;]
AND eighty percent in the state fiscal year commencing April first, two
thousand eight[; eighty-five percent in the state fiscal year commencing
April first, two thousand nine; and ninety percent in the state fiscal
year commencing April first, two thousand ten].
(ii) A municipality with an average full valuation per capita equal to
or less than the average full valuation per capita for municipalities
that is a city with a population greater than or equal to one hundred
twenty-five thousand and receives per capita state aid less than or
equal to the threshold percentage of the average for cities with a popu-
lation greater than or equal to one hundred twenty-five thousand shall
be eligible to receive additional aid of four and one-half percent of
such city's base level grant, subject to the availability of funds.
(iii) A municipality with an average full valuation per capita equal
to or less than the average full valuation per capita for municipalities
S. 56--A 145 A. 156--A
that is a city with a population less than one hundred twenty-five thou-
sand, meets one or more of the fiscal distress indicators, and receives
per capita state aid less than or equal to the threshold percentage of
the average for cities with a population less than one hundred twenty-
five thousand that meet one or more of the fiscal distress indicators,
shall be eligible to receive additional aid of four and one-half percent
of such city's base level grant, subject to the availability of funds.
(iv) A municipality with an average full valuation per capita equal to
or less than the average full valuation per capita for municipalities
that is a town with a population greater than fifteen thousand, meets
one or more of the fiscal distress indicators, and receives per capita
state aid less than or equal to the threshold percentage of the average
for towns with a population greater than fifteen thousand that meet one
or more of the fiscal distress indicators, shall be eligible to receive
additional aid of four and one-half percent of such town's base level
grant, subject to the availability of funds.
(v) A municipality with an average full valuation per capita equal to
or less than the average full valuation per capita for municipalities
that is a village with a population greater than ten thousand, meets one
or more of the fiscal distress indicators, and receives per capita state
aid less than or equal to the threshold percentage of the average for
villages with a population greater than ten thousand that meet one or
more of the fiscal distress indicators, shall be eligible to receive
additional aid of four and one-half percent of such village's base level
grant, subject to the availability of funds.
(vi) If sufficient funds are not available for additional aid in the
amount authorized pursuant to subparagraphs (ii), (iii), (iv) and (v) of
this paragraph, additional aid shall be apportioned to each municipality
eligible for such aid based on the municipality's pro rata share of
available funds.
S 3. Subparagraph (ii) of paragraph g of subdivision 10 of section 54
of the state finance law, as amended by section 4 of part O of chapter
56 of the laws of 2008, is amended to read as follows:
(ii) As a condition of receiving [an additional annual apportionment
pursuant to paragraph d of this subdivision] A BASE LEVEL GRANT PURSUANT
TO PARAGRAPH B OF THIS SUBDIVISION, each municipality that is a city,
other than a city subject to a control period under a state imposed
fiscal stability authority or a city subject to the requirements of
subparagraph (i) of this paragraph and each municipality that is a
village that [will receive an additional annual apportionment pursuant
to clause one of subparagraph (i) of paragraph d of this subdivision],
MEETS ALL FOUR FISCAL DISTRESS INDICATORS IN PARAGRAPH C OF THIS SUBDI-
VISION shall develop a multi-year financial plan that includes: project-
ed employment levels, projected annual expenditures for personal
service, fringe benefits, non-personal services and debt service; appro-
priate reserve fund amounts; estimated annual revenues including
projected property tax rates, the value of the taxable real property and
resulting tax levy, annual growth in sales tax and non-property tax
revenues, and the proposed use of one-time revenue sources. Such multi-
year financial plan shall consist of, at a minimum, four fiscal years
including the municipality's most recently completed fiscal year, its
current fiscal year adopted budget and the subsequent two fiscal years.
On or before March thirty-first, two thousand eight and on or before
March thirty-first in each year thereafter through and including two
thousand eleven, the chief elected official of such municipality shall
S. 56--A 146 A. 156--A
submit written certification to the director of the budget that such
municipality has complied with the requirements of this subparagraph.
S 4. Paragraph j of subdivision 10 of section 54 of the state finance
law, as amended by section 1 of part KK of chapter 57 of the laws of
2008, is amended to read as follows:
j. Special aid and incentives for municipalities to the city of New
York. In the state fiscal year commencing April first, two thousand
seven a city with a population of one million or more shall receive
twenty million dollars on or before December fifteenth. In the state
fiscal year commencing April first, two thousand eight, a city with a
population of one million or more shall receive two hundred forty-five
million nine hundred forty-four thousand eight hundred thirty-four
dollars payable on or before December fifteenth. [In the state fiscal
year commencing April first, two thousand nine, a city with a population
of one million or more shall receive eighty-one million nine hundred
forty-four thousand eight hundred thirty-four dollars payable on or
before June thirtieth and shall receive an additional two hundred
forty-five million nine hundred forty-four thousand eight hundred thir-
ty-four dollars payable on or before December fifteenth. In the state
fiscal year commencing April first, two thousand ten, and in each state
fiscal year thereafter, a city with a population of one million or more
shall receive three hundred twenty-seven million eight hundred eighty-
nine thousand six hundred sixty-eight dollars payable on or before
December fifteenth.] Special aid and incentives for municipalities to
the city of New York shall be apportioned and paid as required as
follows:
(i) Any amounts required to be paid to the city university
construction fund pursuant to the city university construction fund act;
(ii) Any amounts required to be paid to the New York city housing
development corporation pursuant to the New York city housing develop-
ment corporation act;
(iii) Five hundred thousand dollars to the chief fiscal officer of the
city of New York for payment to the trustees of the police pension fund
of such city;
(iv) Eighty million dollars to the special account for the municipal
assistance corporation for the city of New York in the municipal assist-
ance tax fund created pursuant to section ninety-two-d of this chapter
to the extent that such amount has been included by the municipal
assistance corporation for the city of New York in any computation for
the issuance of bonds on a parity with outstanding bonds pursuant to a
contract with the holders of such bonds prior to the issuance of any
other bonds secured by payments from the municipal assistance corpo-
ration for the city of New York in the municipal assistance state aid
fund created pursuant to section ninety-two-e of this chapter;
(v) The balance of the special account for the municipal assistance
corporation for the city of New York in the municipal assistance state
aid fund created pursuant to section ninety-two-e of this chapter;
(vi) Any amounts to be refunded to the general fund of the state of
New York pursuant to the annual appropriation enacted for the municipal
assistance state aid fund;
(vii) To the state of New York municipal bond bank agency to the
extent provided by section twenty-four hundred thirty-six of the public
authorities law; and
(viii) To the transit construction fund to the extent provided by
section twelve hundred twenty-five-i of the public authorities law, and
thereafter to the city of New York.
S. 56--A 147 A. 156--A
Notwithstanding any other law to the contrary, the amount paid to any
city with a population of one million or more on or before December
fifteenth shall be for an entitlement period ending the immediately
preceding June thirtieth.
S 5. Clause 2 of subparagraph (viii) of paragraph a of subdivision 10
of section 54 of the state finance law, as amended by section 1 of part
O of chapter 56 of the laws of 2008, is amended to read as follows:
(2) for the state fiscal year commencing April first, two thousand
eight and in each state fiscal year thereafter, the base level grant
received in the immediately preceding state fiscal year pursuant to
paragraph b of this subdivision plus any additional apportionments
received in such year pursuant to paragraph d of this subdivision and
any per capita adjustments received in such year pursuant to paragraph e
of this subdivision plus any additional aid received in such year pursu-
ant to [subparagraph (i) or subparagraph (iii) of] paragraph p of this
subdivision.
S 6. Paragraph p of subdivision 10 of section 54 of the state finance
law, as added by section 8 of part O of chapter 56 of the laws of 2008,
is amended to read as follows:
p. Local government efficiency grant program municipal merger incen-
tives. For the purposes of this paragraph, "municipalities" shall mean
cities with a population less than one million, towns and villages.
Within the annual amounts appropriated therefor, surviving munici-
palities following a merger, consolidation or dissolution occurring on
or after the state fiscal year commencing April first, two thousand
seven may be awarded [one of the following as selected by the governing
body of the merged, consolidated or surviving, in the case of a dissol-
ution, municipality: (i) Additional aid in the state fiscal year follow-
ing such merger, consolidation or dissolution equal to twenty-five
percent of the combined base level grants received, pursuant to para-
graph b of this subdivision, by the municipalities that were party to
such merger, consolidation or dissolution in the state fiscal year in
which such merger, consolidation or dissolution took effect. In
instances where only a portion of a city, town or village is party to a
consolidation, merger or dissolution, the additional aid payable to the
resulting successor government shall be based on only a pro rata share
of the base level grant received by such city, town or village. Such pro
rata share shall be calculated by multiplying the base level grant of
such city, town or village in the state fiscal year in which such merg-
er, consolidation or dissolution took effect by the ratio of the most
recent federal decennial census population of the portion consolidated,
merged or dissolved as compared to the total two thousand federal decen-
nial census population of the city, town or village party to such
consolidation, merger or dissolution. In no case shall a municipality's
additional aid pursuant to this subparagraph exceed one million dollars.
Such additional aid shall be apportioned and paid to the chief fiscal
officer of each merged, consolidated or surviving, in the case of a
village dissolution, municipality on audit and warrant of the state
comptroller out of moneys appropriated by the legislature for such
purpose to the credit of the local assistance fund in the general fund
of the state treasury in the same "on or before month and day" manner as
the municipality's base level grant is paid pursuant to subparagraph (i)
of paragraph i of this subdivision. Any municipality receiving a merger
incentive award pursuant to this subparagraph shall use such aid only
for general municipal purposes. Such additional aid shall in subsequent
state fiscal years be considered prior year aid for the purposes of
S. 56--A 148 A. 156--A
determining such merged, consolidated or surviving municipality's base
level grant pursuant to paragraph b of this subdivision.
(ii) Two hundred fifty thousand dollars in the first state fiscal year
following such merger, consolidation or dissolution, reduced in equal
parts in each of the subsequent four state fiscal years; provided,
however, that in no case shall such first state fiscal year award exceed
twenty-five percent of the combined property tax levy of the merged or
consolidated municipalities in the local fiscal year prior to the local
fiscal year in which such merger or consolidation took effect; provided,
further, that in the case of a village dissolution, such first state
fiscal year award shall not exceed twenty-five percent of the combined
property tax levy of the village and surviving town in the local fiscal
year prior to the local fiscal year in which such dissolution took
effect. Such award shall be used for transitional purposes and long-term
savings and efficiencies. In the event a village dissolves into more
than one town, the surviving towns shall receive a pro rata portion of
the additional aid based on relative population. Such additional aid
shall be apportioned and paid to the chief fiscal officer of each
merged, consolidated or surviving, in the case of a dissolution, munici-
pality on audit and warrant of the state comptroller out of moneys
appropriated by the legislature for such purpose to the credit of the
local assistance fund in the general fund of the state treasury in the
same "on or before month and day" manner as the municipality's base
level grant is paid pursuant to subparagraph (i) of paragraph i of this
subdivision.
(iii) Additional] ADDITIONAL aid in the state fiscal year following
such merger, consolidation or dissolution equal to fifteen percent of
the combined amount of real property taxes levied by all of the munici-
palities participating in the merger, consolidation or dissolution in
the local fiscal year prior to the local fiscal year in which such merg-
er, consolidation or dissolution took effect. [In instances where only a
portion of a city, town or village is party to a consolidation, merger
or dissolution, the additional annual aid payable to the resulting
successor government shall be based on only a pro rata share of the
total real property taxes levied by such city, town or village. Such pro
rata share shall be calculated by multiplying the total real property
tax levy of such city, town or village in the local fiscal year prior to
the local fiscal year in which such merger, consolidation or dissolution
took effect by the ratio of the most recent federal decennial census
population of the portion consolidated, merged or dissolved as compared
to the total two thousand federal decennial census population of the
city, town or village party to such consolidation, merger or dissol-
ution.] IN INSTANCES OF THE DISSOLUTION OF A VILLAGE LOCATED IN MORE
THAN ONE TOWN, SUCH ADDITIONAL AID SHALL EQUAL THE SUM OF FIFTEEN
PERCENT OF THE REAL PROPERTY TAXES LEVIED BY SUCH VILLAGE IN THE VILLAGE
FISCAL YEAR PRIOR TO THE VILLAGE FISCAL YEAR IN WHICH SUCH DISSOLUTION
TOOK EFFECT PLUS FIFTEEN PERCENT OF THE AVERAGE AMOUNT OF REAL PROPERTY
TAXES LEVIED BY THE TOWNS IN WHICH THE VILLAGE WAS LOCATED IN THE TOWN
FISCAL YEAR PRIOR TO THE TOWN FISCAL YEAR IN WHICH SUCH DISSOLUTION TOOK
EFFECT, AND SHALL BE DIVIDED AMONG SUCH TOWNS BASED ON THE PERCENTAGE OF
SUCH VILLAGE'S POPULATION THAT RESIDED IN EACH SUCH TOWN AS OF THE MOST
RECENT FEDERAL DECENNIAL CENSUS. Such additional aid shall be appor-
tioned and paid to the chief fiscal officer of each consolidated or
merged municipality on audit and warrant of the state comptroller out of
moneys appropriated by the legislature for such purpose to the credit of
the local assistance fund in the general fund of the state treasury in
S. 56--A 149 A. 156--A
the same "on or before month and day" manner as the municipality's base
level grant is paid pursuant to subparagraph (i) of paragraph i of this
subdivision. Any municipality receiving a merger incentive award pursu-
ant to this [subparagraph] PARAGRAPH shall use such aid only for general
municipal purposes. In no case shall [a municipality's annual] THE ADDI-
TIONAL aid pursuant to this [subparagraph] PARAGRAPH exceed one million
dollars. Such additional aid shall in subsequent state fiscal years be
considered prior year aid for the purposes of determining such merged,
consolidated or surviving municipality's base level grant pursuant to
paragraph b of this subdivision.
S 7. Clause 1 of subparagraph (i) of paragraph o of subdivision 10 of
section 54 of the state finance law, as added by section 7 of part O of
chapter 56 of the laws of 2008, is amended to read as follows:
(1) For the purposes of this paragraph, "municipality" shall mean
counties, cities, towns, villages, special improvement districts, fire
districts, [library districts] PUBLIC LIBRARIES, ASSOCIATION LIBRARIES,
water authorities, sewer authorities, regional planning and development
boards, school districts, and boards of cooperative educational
services; provided, however, that for the purposes of this definition, a
board of cooperative educational services shall be considered a munici-
pality only in instances where such board of cooperative educational
services advances a joint application on behalf of school districts and
other municipalities within the board of cooperative educational
services region; provided, however, that any agreements with a board of
cooperative educational services: shall not generate additional state
aid; shall be deemed not to be a part of the program, capital and admin-
istrative budgets of the board of cooperative educational services for
the purposes of computing charges upon component school districts pursu-
ant to subparagraph seven of paragraph b of subdivision four of section
nineteen hundred fifty and subdivision one of section nineteen hundred
fifty and subdivision one of section nineteen hundred fifty-one of the
education law; and shall be deemed to be a cooperative municipal service
for purposes of subparagraph two of paragraph d of subdivision four of
section nineteen hundred fifty of the education law.
S 8. This act shall take effect immediately; and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART HH
Section 1. Subdivision 1 of section 101 of the general municipal law,
as amended by section 1 of part MM of chapter 57 of the laws of 2008, is
amended and a new subdivision 6 is added to read as follows:
1. Except as otherwise provided in section two hundred twenty-two of
the labor law, every officer, board or agency of a political subdivision
or of any district therein, charged with the duty of preparing specifi-
cations or awarding or entering into contracts for the erection,
construction, reconstruction or alteration of buildings, when the entire
cost of such public work shall exceed [three] TEN million dollars in the
counties of the Bronx, Kings, New York, Queens, and Richmond; one
million five hundred thousand dollars in the counties of Nassau, Suffolk
and Westchester; and five hundred thousand dollars in all other counties
within the state, shall prepare separate specifications for the follow-
ing three subdivisions of the work to be performed:
a. Plumbing and gas fitting;
b. Steam heating, hot water heating, ventilating and air conditioning
apparatus; and
S. 56--A 150 A. 156--A
c. Electric wiring and standard illuminating fixtures.
6. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION AND ANY OTHER LAW
TO THE CONTRARY, ANY CONTRACT, SUBCONTRACT, LEASE, GRANT, BOND, COVEN-
ANT, OR OTHER AGREEMENT FOR PROJECTS UNDERTAKEN BY SCHOOL DISTRICTS
SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF SEPARATE SPECIFICATIONS
(REFERRED TO AS THE WICKS LAW).
S 2. Paragraph (b) of subdivision 7 of section 120-w of the general
municipal law, as amended by section 2 of part MM of chapter 57 of the
laws of 2008, is amended to read as follows:
(b) Except as otherwise provided in section two hundred twenty-two of
the labor law, when the entire cost of constructing such building shall
exceed [three] TEN million dollars in the counties of the Bronx, Kings,
New York, Queens, and Richmond; one million five hundred thousand
dollars in the counties of Nassau, Suffolk and Westchester; and five
hundred thousand dollars in all other counties within the state, the
project developer shall prepare separate specifications for the follow-
ing subdivisions of such work, so as to permit separate and independent
bidding upon each subdivision:
(i) plumbing and gas fittings;
(ii) steam heating, hot water heating, ventilating and air condition-
ing apparatus; and
(iii) electric wiring and standard illuminating fixtures.
S 3. The opening paragraph of section 135 of the state finance law, as
amended by section 3 of part MM of chapter 57 of the laws of 2008, is
amended to read as follows:
Except as otherwise provided in section two hundred twenty-two of the
labor law, every officer, board, department, commission or commissions,
charged with the duty of preparing specifications or awarding or enter-
ing into contracts for the erection, construction or alteration of
buildings, for the state, when the entire cost of such work shall exceed
[three] TEN million dollars in the counties of the Bronx, Kings, New
York, Queens, and Richmond; one million five hundred thousand dollars in
the counties of Nassau, Suffolk and Westchester; and five hundred thou-
sand dollars in all other counties within the state, must have prepared
separate specifications for each of the following three subdivisions of
the work to be performed:
S 4. Subdivision 1 of section 151-a of the public housing law, as
amended by section 4 of part MM of chapter 57 of the laws of 2008, is
amended to read as follows:
1. Notwithstanding any inconsistent provision of this chapter or any
other general, special or local law, except as otherwise provided in
section two hundred twenty-two of the labor law, any authority or muni-
cipality, or any officer, board, department, commission or other agency
thereof charged with the duty of preparing specifications or awarding or
entering into contracts involving the erection, construction, recon-
struction or alteration of any building or other appurtenance as a part
of or in connection with a project or any part thereof in any part of
the state under or pursuant to the authority of this chapter, when the
entire cost of such work shall exceed [three] TEN million dollars in the
counties of the Bronx, Kings, New York, Queens, and Richmond; one
million five hundred thousand dollars in the counties of Nassau, Suffolk
and Westchester; and five hundred thousand dollars in all other counties
within the state, must have prepared separate specifications for the
following three subdivisions of the work to be performed:
a. Plumbing and gas fitting;
S. 56--A 151 A. 156--A
b. Steam heating, hot water heating, ventilating and air conditioning
apparatus; and
c. Electric wiring and standard illuminating fixtures.
S 5. Subdivisions 2 and 2-a of section 458 of the education law,
subdivision 2 as amended and subdivision 2-a as added by section 5 of
part MM of chapter 57 of the laws of 2008, are amended to read as
follows:
2. [Except as otherwise provided in section two hundred twenty-two of
the labor law, every contract, lease or other agreement entered into by
or on behalf of the fund for the acquisition, lease, construction,
reconstruction, rehabilitation or improvement of the school portion of
the work in any combined occupancy structure shall contain a provision
that, when the entire cost of any such contemplated construction, recon-
struction, rehabilitation or improvement for the school portion of the
work shall exceed three million dollars in the counties of the Bronx,
Kings, New York, Queens, and Richmond; one million five hundred thousand
dollars in the counties of Nassau, Suffolk and Westchester; and five
hundred thousand dollars in all other counties within the state, sepa-
rate specifications shall be prepared for the following three subdivi-
sions of the work on the school portion to be performed:
a. Plumbing and gas fitting;
b. Steam heating, hot water heating, ventilating and air conditioning
apparatus; and
c. Electric wiring and standard illuminating fixtures.
Such specifications shall be drawn so as to permit the letting of
separate and independent contracts for each of the above three subdivi-
sions of work. Within the above three subdivisions of work, any equip-
ment, apparatus and/or installations which shall be designed to service
the entire combined occupancy structure shall be included within the
school portion of the work or let as separate and independent contracts
even if physically located within the non-school portion of the work.]
Except as otherwise provided by the public housing law, the provisions
of which shall apply when the developer is the New York city housing
authority, every developer or general contractor undertaking the
construction, reconstruction, rehabilitation or improvement of any such
combined occupancy structure pursuant to or in furtherance of the
provisions of this article shall let [separate] contracts to the lowest
responsible bidder for the [three subdivisions of the above specified]
work to persons, firms or corporations approved by the chairman of the
fund as being qualified, responsible and reliable bidders engaged in
these classes of work. All such qualified bidders engaged in [the above
specified] THIS work shall be entitled to bid and to receive, upon
request, a copy of the plans and specifications. All such bids shall be
submitted to the fund and shall be opened publicly at a stated time and
place.
2-a. Each bidder on a public work contract[, where the preparation of
separate specifications is not required,] shall submit with its bid a
separate sealed list that names each subcontractor that the bidder will
use to perform work on the contract, and the agreed-upon amount to be
paid to each, for: a. plumbing and gas fitting, b. steam heating, hot
water heating, ventilating and air conditioning apparatus and c. elec-
tric wiring and standard illuminating fixtures. After the low bid is
announced, the sealed list of subcontractors submitted with such low bid
shall be opened and the names of such subcontractors shall be announced,
and thereafter any change of subcontractor or agreed-upon amount to be
paid to each shall require the approval of the public owner, upon a
S. 56--A 152 A. 156--A
showing presented to the public owner of legitimate construction need
for such change, which shall be open to public inspection. Legitimate
construction need shall include, but not be limited to, a change in
project specifications, a change in construction material costs, a
change to subcontractor status as determined pursuant to paragraph (e)
of subdivision two of section two hundred twenty-two of the labor law,
or the subcontractor has become otherwise unwilling, unable or unavail-
able to perform the subcontract. The sealed lists of subcontractors
submitted by all other bidders shall be returned to them unopened after
the contract award.
S 6. Subdivisions 2 and 2-a of section 482 of the education law,
subdivision 2 as amended and subdivision 2-a as added by section 6 of
part MM of chapter 57 of the laws of 2008, are amended to read as
follows:
2. [Except as otherwise provided in section two hundred twenty-two of
the labor law, every contract, lease or other agreement entered into by
or on behalf of the fund for the acquisition, lease, construction,
reconstruction, rehabilitation or improvement of any combined occupancy
structure shall contain a provision that, when the entire cost of any
such contemplated construction, reconstruction, rehabilitation or
improvement shall exceed three million dollars in the counties of the
Bronx, Kings, New York, Queens, and Richmond; one million five hundred
thousand dollars in the counties of Nassau, Suffolk and Westchester; and
five hundred thousand dollars in all other counties within the state,
separate specifications shall be prepared for the following three subdi-
visions of the work to be performed:
a. Plumbing and gas fitting;
b. Steam heating, hot water heating, ventilating and air conditioning
apparatus; and
c. Electric wiring and standard illuminating fixtures.
Such specifications shall be drawn so as to permit the letting of
separate and independent contracts for each of the above three subdivi-
sions of work.] Except as otherwise provided by the public housing law,
the provisions of which shall apply when the developer is the Yonkers
city housing authority, every developer or general contractor undertak-
ing the construction, reconstruction, rehabilitation or improvement of
any such combined occupancy structure pursuant to or in furtherance of
the provisions of this article shall let [separate] contracts to the
lowest responsible bidder for the [three subdivisions of the above spec-
ified] work to persons, firms or corporations approved by the chairman
of the fund as being qualified, responsible and reliable bidders engaged
in these classes of work. All such qualified bidders engaged in [the
above specified] THIS work shall be entitled to bid and to receive, upon
request, a copy of the plans and specifications. All such bids shall be
submitted to the fund and shall be opened publicly at a stated time and
place.
2-a. Each bidder on a public work contract[, where the preparation of
separate specifications is not required,] shall submit with its bid a
separate sealed list that names each subcontractor that the bidder will
use to perform work on the contract, and the agreed-upon amount to be
paid to each, for: a. plumbing and gas fitting, b. steam heating, hot
water heating, ventilating and air conditioning apparatus and c. elec-
tric wiring and standard illuminating fixtures. After the low bid is
announced, the sealed list of subcontractors submitted with such low bid
shall be opened and the names of such subcontractors shall be announced,
and thereafter any change of subcontractor or agreed-upon amount to be
S. 56--A 153 A. 156--A
paid to each shall require the approval of the public owner, upon a
showing presented to the public owner of legitimate construction need
for such change, which shall be open to public inspection. Legitimate
construction need shall include, but not be limited to, a change in
project specifications, a change in construction material costs, a
change to subcontractor status as determined pursuant to paragraph (e)
of subdivision two of section two hundred twenty-two of the labor law,
or the subcontractor has become otherwise unwilling, unable or unavail-
able to perform the subcontract. The sealed lists of subcontractors
submitted by all other bidders shall be returned to them unopened after
the contract award.
S 7. Subdivision 2 of section 1045-i of the public authorities law, as
amended by section 7 of part MM of chapter 57 of the laws of 2008, is
amended to read as follows:
2. Any such agreements (i) shall describe in sufficient detail for
reasonable identification the particular water project to be financed in
whole or in part by the authority, (ii) shall describe the plan for the
financing of the cost of the construction of such water project, includ-
ing the amount, if any, to be provided by the water board and the source
or sources thereof, (iii) shall set forth the method by which and by
whom and the terms and conditions upon which moneys provided by the
authority shall be disbursed, (iv) may require, in the discretion of the
authority, the payment to the authority of the proceeds of any state and
federal grants available to the water board, (v) shall provide for the
establishment of user fees, rates, rents and other charges and the
charging and collection thereof by the water board for the use of, or
services furnished, rendered or made available by such system such as to
provide that such board receive revenues at least sufficient, together
with other revenues of the board, if any, to meet the requirements of
subdivision one of section one thousand forty-five-j of this title,
provided that revenues received by such board shall be deposited in a
special fund established pursuant to this title and disbursed to, and
upon certification of, the authority, (vi) may provide for the transfer
by the city to the water board pursuant to section one thousand forty-
five-h of this title of ownership of the sewerage system or water
system, or both, as the case may be, of which such project will form a
part by the city, (vii) shall provide for the construction and
completion of such water project by the city and for the operation,
maintenance and repair thereof as an integrated part of the system of
which such water project forms a part, subject to such terms and condi-
tions, not inconsistent with this title, which may be in the public
interest and necessary or desirable properly and adequately to secure
the holders of bonds of the authority, provided, however, all contracts
for public work and all purchase contracts shall be awarded by the city
as provided by law for the award of such contracts by the city and that
all contracts for construction shall be let in accordance with the
provisions of state law pertaining to prevailing wages, labor standards
and working hours. Except as otherwise provided in section two hundred
twenty-two of the labor law, when the entire cost of constructing a
building as part of any water project shall exceed [three] TEN million
dollars, the city shall prepare separate specifications for the follow-
ing three subdivisions of the work to be performed: (a) plumbing and gas
fitting; (b) steam heating, hot water heating, ventilating and air
conditioning apparatus; and (c) electric wiring and standard illuminat-
ing fixtures, (viii) shall provide for the discontinuance or discon-
nection of the supply of water or the provision of sewerage service, or
S. 56--A 154 A. 156--A
both, as the case may be, for non-payment of fees, rates, rents or other
charges therefor imposed by the water board, provided such discontin-
uance or disconnection of any supply of water or the provision of sewer-
age service, or both, as the case may be, shall not be carried out
except in the manner and upon the notice as is required of a waterworks
corporation pursuant to subdivisions three-a, three-b and three-c of
section eighty-nine-b and section one hundred sixteen of the public
service law, and (ix) in the discretion of the authority, require
reports concerning the project from the water board to the authority and
the city.
S 8. Subdivision 1 of section 1735 of the public authorities law, as
amended by chapter 410 of the laws of 1999, is amended to read as
follows:
1. Notwithstanding the provisions of paragraph b of subdivision one of
section seventeen hundred thirty-four of this title, the award of
construction contracts by the authority [between July first, nineteen
hundred eighty-nine and June thirtieth, two thousand two,] shall not be
subject to the provisions of section one hundred one of the general
municipal law.
S 9. The opening paragraph of subdivision (c) of section 4 of chapter
560 of the laws of 1980, authorizing the city of New York to adopt a
solid waste management law, as amended by section 13 of part MM of chap-
ter 57 of the laws of 2008, is amended to read as follows:
Except as otherwise provided in section 222 of the labor law, every
contract, lease or other agreement entered into, pursuant to this
section, by the city of New York for construction, reconstruction, reha-
bilitation or improvement of buildings for a solid waste recovery and
management facility shall contain a provision that, when the entire cost
of such work shall exceed [three] TEN million dollars, separate specifi-
cations shall be prepared for the following three subdivisions of work:
S 10. The opening paragraph of section 9 of chapter 892 of the laws of
1971 amending the public authorities law and other laws relating to
enabling the dormitory authority to construct and finance dormitories,
buildings and health facilities, as amended by section 14 of part MM of
chapter 57 of the laws of 2008, is amended to read as follows:
Except as otherwise provided in section 222 of the labor law, the
dormitory authority in awarding or entering into contracts for the
erection, construction, reconstruction or alteration of buildings,
pursuant to the provisions added by this act, when the entire cost of
such work shall exceed [three] TEN million dollars in the counties of
the Bronx, Kings, New York, Queens, and Richmond; one million five
hundred thousand dollars in the counties of Nassau, Suffolk and West-
chester; and five hundred thousand dollars in all other counties within
the state, shall prepare separate specifications for the following three
subdivisions of the work to be performed:
S 11. Paragraph (e) of subdivision 2 of section 222 of the labor law,
as added by section 18 of part MM of chapter 57 of the laws of 2008, is
amended to read as follows:
(e) Any contract, subcontract, lease, grant, bond, covenant, or other
agreement for construction, reconstruction, demolition, excavation,
rehabilitation, repair, renovation, alteration, or improvement with
respect to each project undertaken pursuant to this section, the entity
shall consider the financial and organizational capacity of contractors
and subcontractors in relation to the magnitude of work they may
perform, the record of performance of contractors and subcontractors on
previous work, the record of contractors and subcontractors in complying
S. 56--A 155 A. 156--A
with existing labor standards and maintaining harmonious labor
relations, and the commitment of contractors to work with minority and
women-owned business enterprises pursuant to article fifteen-A of the
executive law through joint ventures of subcontractor relationships.
[With respect to any contract for construction, reconstruction, demoli-
tion, excavation, rehabilitation, repair, renovation, alteration, or
improvement in excess of three million dollars in the counties of the
Bronx, Kings, New York, Queens, and Richmond; one million five hundred
thousand dollars in the counties of Nassau, Suffolk and Westchester; and
five hundred thousand dollars in all other counties within the state;
the entity shall further require that each contractor and subcontractor
shall participate in apprentice training programs in the trades of work
it employs that have been approved by the department for not less than
three years and shall have graduated at least one apprentice in the last
three years and shall have at least one apprentice currently enrolled in
such apprenticeship training program. In addition, it must be demon-
strated that the program has made significant efforts to attract and
retain minority apprentices, as determined by affirmative action goals
established for such program by the department.]
S 12. Section 19 of chapter 738 of the laws of 1988, amending the
administrative code of the city of New York and other laws relating to
establishing the New York City school construction authority, as amended
by chapter 134 of the laws of 2004, is amended to read as follows:
S 19. This act shall take effect immediately, provided, however, that
the provisions of subdivision 6 of section 209 of the civil service law,
as added by section four of this act, shall expire and be deemed
repealed on and after June 30, 1995, and further provided that the
provisions of section 1735 of the public authorities law, as added by
section fourteen of this act, shall expire and be deemed repealed on
June 30, [2009] 2014.
S 13. Subdivisions (a) and (b) of section 4545 of the civil practice
law and rules are REPEALED and subdivisions (c) and (d) are relettered
subdivisions (a) and (b).
S 14. Subdivisions (d) and (e) of rule 4111 of the civil practice law
and rules are REPEALED.
S 15. Subdivision (f) of rule 4111 of the civil practice law and
rules, as amended by chapter 100 of the laws of 1994, is amended to read
as follows:
[(f)] (D) Itemized verdict in certain actions. In an action brought to
recover damages for personal injury, injury to property or wrongful
death, [which is not subject to subdivisions (d) and (e) of this rule,]
the court shall instruct the jury that if the jury finds a verdict
awarding damages, it shall in its verdict specify the applicable
elements of special and general damages upon which the award is based
and the amount assigned to each element including, but not limited to,
medical expenses, dental expenses, loss of earnings, impairment of earn-
ing ability, and pain and suffering. Each element shall be further item-
ized into amounts intended to compensate for damages that have been
incurred prior to the verdict and amounts intended to compensate for
damages to be incurred in the future. In itemizing amounts intended to
compensate for future damages, the jury shall set forth the period of
years over which such amounts are intended to provide compensation. In
actions in which article fifty-A or fifty-B of this chapter applies, in
computing said damages, the jury shall be instructed to award the full
amount of future damages, as calculated, without reduction to present
value.
S. 56--A 156 A. 156--A
S 16. Subdivision (b) of section 4213 of the civil practice law and
rules, as separately amended by chapters 485 and 682 of the laws of
1986, is amended to read as follows:
(b) Form of decision. The decision of the court may be oral or in
writing and shall state the facts it deems essential. In [a medical,
dental or podiatric malpractice action or in an action against a public
employer or a public employee who is subject to indemnification by a
public employer with respect to such action or both, as such terms are
defined in subdivision (b) of section forty-five hundred forty-five, for
personal injury or wrongful death arising out of an injury sustained by
a public employee while acting within the scope of his public employment
or duties, and in] any [other] action brought to recover damages for
personal injury, injury to property, or wrongful death, a decision
awarding damages shall specify the applicable elements of special and
general damages upon which the award is based and the amount assigned to
each element, including but not limited to medical expenses, dental
expenses, podiatric expenses, loss of earnings, impairment of earning
ability, and pain and suffering. In [a medical, dental or podiatric
malpractice action, and in] any [other] SUCH action [brought to recover
damages for personal injury, injury to property, or wrongful death],
each element shall be further itemized into amounts intended to compen-
sate for damages which have been incurred prior to the decision and
amounts intended to compensate for damages to be incurred in the future.
In itemizing amounts intended to compensate for future damages, the
court shall set forth the period of years over which such amounts are
intended to provide compensation. In computing said damages, the court
shall award the full amount of future damages, as calculated, without
reduction to present value.
S 17. Subdivision 1 of section 3-a of the general municipal law, as
amended by chapter 4 of the laws of 1991, is amended to read as follows:
1. Except as provided in subdivisions two, four and five of this
section, the rate of interest to be paid by a municipal corporation upon
any judgment or accrued claim against the municipal corporation shall
[not exceed nine per centum per annum] BE CALCULATED AT A RATE EQUAL TO
THE WEEKLY AVERAGE ONE YEAR CONSTANT MATURITY TREASURY YIELD, AS
PUBLISHED BY THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FOR
THE CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY OF THE JUDGMENT AWARD-
ING DAMAGES. IN NO EVENT, HOWEVER, SHALL A MUNICIPAL CORPORATION PAY A
RATE OF INTEREST ON ANY JUDGMENT OR ACCRUED CLAIM MORE THAN NINE PER
CENTUM PER ANNUM.
S 18. Subdivision 5 of section 157 of the public housing law, as
amended by chapter 681 of the laws of 1982, is amended to read as
follows:
5. The rate of interest to be paid by an authority upon any judgment
or accrued claim against the authority shall [not exceed nine per centum
per annum] BE CALCULATED AT A RATE EQUAL TO THE WEEKLY AVERAGE ONE YEAR
CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS
OF THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE
OF THE ENTRY OF THE JUDGMENT AWARDING DAMAGES. IN NO EVENT, HOWEVER,
SHALL AN AUTHORITY PAY A RATE OF INTEREST ON ANY JUDGMENT OR ACCRUED
CLAIM MORE THAN NINE PER CENTUM PER ANNUM.
S 19. Section 16 of the state finance law, as amended by chapter 681
of the laws of 1982, is amended to read as follows:
S 16. Rate of interest on judgments and accrued claims against the
state. The rate of interest to be paid by the state upon any judgment
or accrued claim against the state shall [not exceed nine per centum per
S. 56--A 157 A. 156--A
annum] BE CALCULATED AT A RATE EQUAL TO THE WEEKLY AVERAGE ONE YEAR
CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS
OF THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE
OF THE ENTRY OF THE JUDGMENT AWARDING DAMAGES. IN NO EVENT, HOWEVER,
SHALL THE STATE PAY A RATE OF INTEREST ON ANY JUDGMENT OR ACCRUED CLAIM
MORE THAN NINE PER CENTUM PER ANNUM.
S 20. Section 1 of chapter 585 of the laws of 1939, relating to the
rate of interest to be paid by certain public corporations upon judg-
ments and accrued claims, as amended by chapter 681 of the laws of 1982,
is amended to read as follows:
Section 1. The rate of interest to be paid by a public corporation
upon any judgment or accrued claim against the public corporation shall
[not exceed nine per centum per annum] BE CALCULATED AT A RATE EQUAL TO
THE WEEKLY AVERAGE ONE YEAR CONSTANT MATURITY TREASURY YIELD, AS
PUBLISHED BY THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FOR
THE CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY OF THE JUDGMENT AWARD-
ING DAMAGES. IN NO EVENT, HOWEVER, SHALL A PUBLIC CORPORATION PAY A
RATE OF INTEREST ON ANY JUDGMENT OR ACCRUED CLAIM MORE THAN NINE PER
CENTUM PER ANNUM. The term "public corporation" as used in this act
shall mean and include every corporation created for the construction of
public improvements, other than a county, city, town, village, school
district or fire district or an improvement district established in a
town or towns, and possessing both the power to contract indebtedness
and the power to collect rentals, charges, rates or fees for services or
facilities furnished or supplied.
S 21. Subdivision 1 of section 103 of the general municipal law, as
amended by chapter 741 of the laws of 2005, is amended to read as
follows:
1. Except as otherwise expressly provided by an act of the legislature
or by a local law adopted prior to September first, nineteen hundred
fifty-three, all contracts for public work involving an expenditure of
more than [twenty] FIFTY thousand dollars and all purchase contracts
involving an expenditure of more than [ten] TWENTY thousand dollars,
shall be awarded by the appropriate officer, board or agency of a poli-
tical subdivision or of any district therein including but not limited
to a soil conservation district, to the lowest responsible bidder
furnishing the required security after advertisement for sealed bids in
the manner provided by this section. In any case where a responsible
bidder's gross price is reducible by an allowance for the value of used
machinery, equipment, apparatus or tools to be traded in by a political
subdivision, the gross price shall be reduced by the amount of such
allowance, for the purpose of determining the low bid. In cases where
two or more responsible bidders furnishing the required security submit
identical bids as to price, such officer, board or agency may award the
contract to any of such bidders. Such officer, board or agency may, in
his or its discretion, reject all bids and readvertise for new bids in
the manner provided by this section. For purposes of this section,
"sealed bids", as that term applies to purchase contracts, shall include
bids submitted in an electronic format, provided that the governing
board of the political subdivision or district, by resolution, has
authorized the receipt of bids in such format. Submission in electronic
format may not, however, be required as the sole method for the
submission of bids. Bids submitted in an electronic format shall be
transmitted by bidders to the receiving device designated by the poli-
tical subdivision or district. Any method used to receive electronic
bids shall comply with article three of the state technology law, and
S. 56--A 158 A. 156--A
any rules and regulations promulgated and guidelines developed there-
under and, at a minimum, must (a) document the time and date of receipt
of each bid received electronically; (b) authenticate the identity of
the sender; (c) ensure the security of the information transmitted; and
(d) ensure the confidentiality of the bid until the time and date estab-
lished for the opening of bids. The timely submission of an electronic
bid in compliance with instructions provided for such submission in the
advertisement for bids and/or the specifications shall be the responsi-
bility solely of each bidder or prospective bidder. No political subdi-
vision or district therein shall incur any liability from delays of or
interruptions in the receiving device designated for the submission and
receipt of electronic bids.
S 22. Section 103 of the general municipal law is amended by adding
three new subdivisions 1-b, 1-c and 13 to read as follows:
1-B. WHEN THE OFFICER, BOARD OR AGENCY OF ANY POLITICAL SUBDIVISION
OR OF ANY DISTRICT THEREIN CHARGED WITH THE AWARDING OF CONTRACTS UNDER
THIS SECTION DETERMINES THAT IT IS IN THE BEST INTEREST OF THE POLITICAL
SUBDIVISION OR DISTRICT THEREIN, THEY MAY AWARD CONTRACTS FOR SERVICES
ON THE BASIS OF BEST VALUE AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE
OF THE STATE FINANCE LAW TO RESPONSIVE AND RESPONSIBLE OFFERERS.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A CONTRACT FOR
SERVICES MAY BE AWARDED ON THE BASIS OF BEST VALUE PROVIDED THAT THE
CONTRACTING PROCESS AND AWARD SHALL COMPLY WITH THE GUIDELINES ESTAB-
LISHED UNDER SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW BY
THE STATE PROCUREMENT COUNCIL. ANY PROCUREMENT MADE UNDER THIS SUBDIVI-
SION SHALL BE APPROVED BY THE GOVERNING BODY OF THE PURCHASING POLITICAL
SUBDIVISION OR DISTRICT THEREIN.
1-C. A POLITICAL SUBDIVISION OR ANY DISTRICT THEREIN SHALL HAVE THE
OPTION OF PURCHASING INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS HARD-
WARE, SOFTWARE AND PROFESSIONAL SERVICES THROUGH COOPERATIVE PURCHASING
PERMISSIBLE PURSUANT TO FEDERAL GENERAL SERVICES ADMINISTRATION INFORMA-
TION TECHNOLOGY SCHEDULE SEVENTY OR ANY SUCCESSOR SCHEDULE. A POLITICAL
SUBDIVISION OR ANY DISTRICT THEREIN THAT PURCHASES THROUGH GENERAL
SERVICES ADMINISTRATION SCHEDULE SEVENTY, INFORMATION TECHNOLOGY AND
CONSOLIDATED SCHEDULE CONTRACTS SHALL COMPLY WITH FEDERAL SCHEDULE
ORDERING PROCEDURES AS PROVIDED IN FEDERAL ACQUISITION REGULATION
8.405-1 OR 8.405-2, WHICHEVER IS APPLICABLE. ADHERENCE TO SUCH PROCE-
DURES SHALL CONSTITUTE COMPLIANCE WITH THE COMPETITIVE BIDDING REQUIRE-
MENTS UNDER THIS SECTION.
13. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
AND IN ADDITION TO THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION
AND SECTION ONE HUNDRED FOUR OF THIS ARTICLE, ANY OFFICER, BOARD OR
AGENCY OF A POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN AUTHORIZED
TO MAKE PURCHASES OF MATERIALS, EQUIPMENT AND SUPPLIES MAY MAKE SUCH
PURCHASES AS MAY BE REQUIRED BY SUCH POLITICAL SUBDIVISION OR ANY
DISTRICT THEREIN THROUGH THE USE OF A CONTRACT LET BY ANY OTHER STATE OR
POLITICAL SUBDIVISION IF SUCH CONTRACT WAS LET IN ACCORDANCE WITH
COMPETITIVE BIDDING REQUIREMENTS THAT ARE CONSISTENT WITH THIS SECTION
AND WITH THE INTENT OF EXTENDING ITS USE TO CERTAIN OTHER GOVERNMENTAL
ENTITIES. PRIOR TO MAKING SUCH A PURCHASE, THE GOVERNING BOARD OF THE
POLITICAL SUBDIVISION OR DISTRICT MAKING THE PURCHASE SHALL DETERMINE,
UPON REVIEW OF ANY NECESSARY DOCUMENTATION AND, AS APPROPRIATE, UPON
ADVICE OF ITS COUNSEL, THAT THE REQUIREMENTS OF THIS PARAGRAPH HAVE BEEN
MET, AND SHALL CERTIFY, BY RESOLUTION, THAT SUCH PURCHASE IS PERMITTED
UNDER THE PROCUREMENT POLICIES AND PROCEDURES OF THE POLITICAL SUBDIVI-
S. 56--A 159 A. 156--A
SION OR DISTRICT, ADOPTED PURSUANT TO SECTION ONE HUNDRED FOUR-B OF THIS
ARTICLE.
S 23. Subdivision 10 of section 2799-bb of the public authorities law,
as added by chapter 16 of the laws of 1997, is amended to read as
follows:
10. "Project capital costs" or "costs" means costs, appropriated in
the capital budget of the city pursuant to chapters nine and ten of the
New York city charter, as amended from time to time, providing for the
construction, reconstruction, acquisition or installation of physical
public betterments or improvements [which would be classified as capital
assets under generally accepted accounting principles for munici-
palities], or the costs of any preliminary studies, surveys, maps,
plans, estimates and hearings, or incidental costs, including, but not
limited to, legal fees, printing or engraving, publication of notices,
taking of title, apportionment of costs, and interest during
construction, or any underwriting or other costs incurred in connection
with the financing thereof.
S 24. Subdivision 1 and paragraph (b) of subdivision 3 of section
2799-gg of the public authorities law, as amended by chapter 411 of the
laws of 2006, are amended to read as follows:
1. The authority shall have the power and is hereby authorized from
time to time to issue bonds, in conformity with applicable provisions of
the uniform commercial code, in such principal amounts as it may deter-
mine to be necessary pursuant to section twenty-seven hundred ninety-
nine-ff of this title to pay the cost of any project and to fund
reserves to secure such bonds, including incidental expenses in
connection therewith.
The aggregate principal amount of such bonds, notes or other obli-
gations [so issued] OUTSTANDING shall not exceed thirteen billion, five
hundred million dollars ($13,500,000,000), excluding bonds, notes or
other obligations issued [to refund or otherwise repay bonds, notes or
other obligations theretofore issued for such purposes] PURSUANT TO
SECTIONS TWENTY-SEVEN HUNDRED NINETY-NINE-SS AND TWENTY-SEVEN HUNDRED
NINETY-NINE-TT OF THIS TITLE; provided, however, that upon any refunding
or repayment of bonds (which term shall not, for this purpose, include
bond anticipation notes), the total aggregate principal amount of
outstanding bonds, notes or other obligations may be greater than thir-
teen billion, five hundred million dollars ($13,500,000,000) only if the
refunding or repayment bonds, notes or other obligations were issued in
accordance with the provisions of subparagraph (a) of subdivision two of
paragraph b of section 90.10 of the local finance law, as amended from
time to time. NOTWITHSTANDING THE FOREGOING, BONDS, NOTES OR OTHER
OBLIGATIONS ISSUED BY THE AUTHORITY MAY BE OUTSTANDING IN AN AMOUNT
GREATER THAN THE AMOUNT PERMITTED BY THE PRECEDING SENTENCE, PROVIDED
THAT SUCH ADDITIONAL AMOUNT AT ISSUANCE, TOGETHER WITH THE AMOUNT OF
INDEBTEDNESS CONTRACTED BY THE CITY OF NEW YORK, SHALL NOT EXCEED THE
LIMIT PRESCRIBED BY SECTION 104.00 OF THE LOCAL FINANCE LAW. The author-
ity shall have the power from time to time to refund any bonds of the
authority by the issuance of new bonds whether the bonds to be refunded
have or have not matured, and may issue bonds partly to refund bonds of
the authority then outstanding and partly to pay the cost of any project
pursuant to section twenty-seven hundred ninety-nine-ff of this title.
Bonds issued by the authority shall be payable solely out of particular
revenues or other moneys of the authority as may be designated in the
proceedings of the authority under which the bonds shall be authorized
to be issued, subject to any agreements entered into between the author-
S. 56--A 160 A. 156--A
ity and the city, and subject to any agreements with the holders of
outstanding bonds pledging any particular revenues or moneys.
(b) The authority shall not issue variable rate bonds [if the princi-
pal amount of its variable rate bonds outstanding after such issuance
would exceed two billion, seven hundred million dollars
($2,700,000,000)] PURSUANT TO THIS SECTION IN AN AMOUNT OUTSTANDING AT
ISSUANCE EXCEEDING TWENTY PERCENT OF THE LIMIT PRESCRIBED BY SUBDIVISION
ONE OF THIS SECTION, excluding bonds (i) bearing interest at rates and
for periods of time that are specified without reference to future
events or contingencies, OR (ii) the interest on which is [economically
fixed] REASONABLY EXPECTED TO BE EQUIVALENT OVER TIME in conjunction
with other bonds[,] or [(iii) the interest on which is offset] by agree-
ments with financially responsible third parties.
S 25. Paragraph c of subdivision 4 of section 9-b of section 2 of
chapter 868 of the laws of 1975, constituting the New York state finan-
cial emergency act for the city of New York, as added by chapter 201 of
the laws of 1978, is amended to read as follows:
c. Bond anticipation notes shall mature not later than [six months]
ONE YEAR after their date of issuance and may be renewed for a period
not to exceed [six months] ONE YEAR.
S 26. Paragraph 3 of subdivision h of section 266 of the New York city
charter, as added by a vote of the people of the city of New York at the
general election held in November of 2005, section 7 of question 4, is
amended to read as follows:
(3) Bond anticipation notes shall mature not later than [six months]
ONE YEAR after their date of issuance and may be renewed for a period
not to exceed [six months] ONE YEAR.
S 27. This act shall take effect immediately, provided, however, that:
(a) sections one through twelve of this act shall control all
contracts advertised or solicited for bid on or after such date under
the provisions of any law requiring contracts to be let pursuant to
provisions of law amended by this act, and sections one through seven,
nine, ten, and eleven of this act shall expire and be deemed repealed
five years after such effective date;
(b) the amendments to the civil practice law and rules made by
sections thirteen through sixteen of this act shall apply to all actions
and proceedings pending on or commenced on or after such effective date
except that it shall not apply to trials or settlements that occurred
prior to such effective date;
(c) the amendments to section 1735 of the public authorities law made
by section eight of this act shall not affect the expiration of such
section and shall expire and be deemed repealed therewith; and
(d) the amendments to subdivision 1 of section 103 of the general
municipal law, made by section twenty-one of this act shall not affect
the expiration of such subdivision and shall expire and be deemed
repealed therewith.
PART II
Section 1. Section 2 of chapter 540 of the laws of 1992, amending the
real property tax law relating to oil and gas charges, as amended by
chapter 140 of the laws of 2006, is amended to read as follows:
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 1992; provided,
however that any charges imposed by section 593 of the real property tax
law as added by section one of this act shall first be due for values
S. 56--A 161 A. 156--A
for assessment rolls with tentative completion dates after July 1, 1992,
and provided further, that this act shall remain in full force and
effect until March 31, [2009] 2012, at which time section 593 of the
real property tax law as added by section one of this act shall be
repealed.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART JJ
Section 1. Subdivision 3 of section 333 of the real property law, as
separately amended by section 2 of part B of chapter 57 and chapter 521
of the laws of 2004, is amended to read as follows:
3. The recording officer of every county and the city of New York
shall impose a fee of one hundred sixty-five dollars, or in the case of
a transfer involving qualifying residential or farm property as defined
by paragraph iv of subdivision one-e of this section, a fee of seventy-
five dollars, for every real property transfer reporting form submitted
for recording as required under subdivision one-e of this section. In
the city of New York, the recording officer shall impose a fee of fifty
dollars for each real property transfer tax form filed in accordance
with chapter twenty-one of title eleven of the administrative code of
the city of New York, except where a real property transfer reporting
form is also submitted for recording for the transfer as required under
subdivision one-e of this section. The recording officer shall deduct
nine dollars from such fee and remit the remainder of the revenue
collected to the state office of real property services every month for
deposit [in the improvement of real property tax administration account
established pursuant to section ninety-seven-ll of the state finance
law] INTO THE GENERAL FUND. The amount duly deducted by the recording
officer shall be retained by the county or by the city of New York.
S 2. Subdivision 3 of section 333 of the real property law, as amended
by section one of this act, is amended to read as follows:
3. The recording officer of every county and the city of New York
shall impose a fee of [one hundred sixty-five] TWO HUNDRED FIFTY
dollars, or in the case of a transfer involving qualifying residential
or farm property as defined by paragraph iv of subdivision one-e of this
section, a fee of [seventy-five] ONE HUNDRED TWENTY-FIVE dollars, for
every real property transfer reporting form submitted for recording as
required under subdivision one-e of this section. In the city of New
York, the recording officer shall impose a fee of [fifty] ONE HUNDRED
dollars for each real property transfer tax form filed in accordance
with chapter twenty-one of title eleven of the administrative code of
the city of New York, except where a real property transfer reporting
form is also submitted for recording for the transfer as required under
subdivision one-e of this section. The recording officer shall deduct
nine dollars from such fee and remit the remainder of the revenue
collected to the state office of real property services every month for
deposit into the general fund. The amount duly deducted by the record-
ing officer shall be retained by the county or by the city of New York.
S 3. Subdivisions 2 and 3 of section 97-ll of the state finance law,
as amended by section 2 of part C-2 of chapter 62 of the laws of 2003,
are amended to read as follows:
[2. All revenue received by the state office of real property services
from the state share of a recording fee pertaining to the transfer of
S. 56--A 162 A. 156--A
real property shall be deposited to the credit of the improvement of
real property tax administration account.
3.] 2. Moneys within the improvement of real property tax adminis-
tration account, upon appropriation by the legislature, shall be avail-
able to the state office of real property services for all services and
expenses of the state office which relate to activities including, but
not limited to, preparation and certification of state equalization
rates, the administration of state technical and financial assistance to
local governments, review and certification of adjusted base proportions
for special assessing units and approved assessing units pursuant to
articles eighteen and nineteen of the real property tax law, the deter-
mination of class equalization rates for portions within special assess-
ing units and approved assessing units pursuant to article twelve of the
real property tax law, continuance of the market value survey cycle,
maintenance of effort in the production of agricultural lands value
assessments, advisory appraisals, and assessor training and certif-
ication.
S 4. This act shall take effect immediately; provided, however that
section two of this act shall take effect June 1, 2009 and shall be
applicable to conveyances submitted for recording on and after such
date.
PART KK
Section 1. Section 54-l of the state finance law, as amended by
section 1 of part R of chapter 57 of the laws of 2007, is amended to
read as follows:
S 54-l. State assistance to eligible cities and eligible munici-
palities in which a video lottery gaming facility is located. 1. Defi-
nitions. When used in this section, unless otherwise expressly stated:
a. "Eligible city" shall mean [(i) for the fiscal year commencing
April first, two thousand seven] a city with a population equal to or
greater than one hundred twenty-five thousand and less than one million
in which a video lottery gaming facility is located AND OPERATING AS OF
JANUARY FIRST, TWO THOUSAND NINE pursuant to section sixteen hundred
seventeen-a of the tax law [and (ii) for the fiscal year commencing
April first, two thousand eight and for each state fiscal year thereaft-
er, shall mean a city with a population equal to or greater than one
hundred twenty-five thousand in which a video lottery gaming facility is
located pursuant to section sixteen hundred seventeen-a of the tax law].
b. "Eligible municipality" shall mean a county, city, town or village
in which a video lottery gaming facility is located AND OPERATING AS OF
JANUARY FIRST, TWO THOUSAND NINE pursuant to section sixteen hundred
seventeen-a of the tax law that is not located in a city with a popu-
lation equal to or greater than one hundred twenty-five thousand.
c. "Estimated net machine income" shall mean the estimated full annual
value of total revenue wagered after payout for prizes for games known
as "video lottery gaming" as authorized under article thirty-four of the
tax law during the state fiscal year in which state aid payments are
made pursuant to subdivision two of this section.
d. "Population" shall mean population based on the most recent federal
decennial census.
2. Within amounts appropriated therefor, [beginning in the state
fiscal year commencing April first, two thousand seven, and in each
state fiscal year thereafter,] an eligible city and an eligible munici-
pality shall receive a state aid payment as follows:
S. 56--A 163 A. 156--A
a. An eligible city shall receive: (I) FOR THE STATE FISCAL YEARS
COMMENCING APRIL FIRST, TWO THOUSAND SEVEN AND APRIL FIRST, TWO THOUSAND
EIGHT, a state aid payment equal to three and one-half percent of the
"estimated net machine income" generated by a video lottery gaming
facility located in such eligible city. Such state aid payment shall not
exceed twenty million dollars per eligible city; AND (II) FOR THE STATE
FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND NINE AND FOR EACH STATE
FISCAL YEAR THEREAFTER, AN AMOUNT EQUAL TO THE STATE AID PAYMENT
RECEIVED IN THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND
EIGHT.
b. Eligible municipalities shall receive: (I) FOR THE STATE FISCAL
YEARS COMMENCING APRIL FIRST, TWO THOUSAND SEVEN AND APRIL FIRST, TWO
THOUSAND EIGHT, a share of three and one-half percent of the "estimated
net machine income" generated by a video lottery gaming facility located
within such eligible municipality as follows: [(i)] (1) twenty-five
percent shall be apportioned and paid to the county; and [(ii)] (2)
seventy-five percent shall be apportioned and paid on a pro rata basis
to eligible municipalities, other than the county, based upon the popu-
lation of such eligible municipalities. Such state aid payment shall not
exceed twenty-five percent of an eligible municipality's total expendi-
tures as reported in the statistical report of the comptroller in the
preceding state fiscal year pursuant to section thirty-seven of the
general municipal law; AND (II) FOR THE STATE FISCAL YEAR COMMENCING
APRIL FIRST, TWO THOUSAND NINE AND FOR EACH STATE FISCAL YEAR THEREAFT-
ER, AN AMOUNT EQUAL TO FIFTY PERCENT OF THE STATE AID PAYMENT RECEIVED
IN THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND EIGHT.
3. a. State aid payments made to an eligible city pursuant to para-
graph a of subdivision two of this section shall be used to increase
support for public schools in such city.
b. State aid payments made to an eligible municipality pursuant to
paragraph b of subdivision two of this section shall be used by such
eligible municipality to: (i) defray local costs associated with a video
lottery gaming facility, or (ii) minimize or reduce real property taxes.
4. [a. On or before June first of each state fiscal year, beginning in
the state fiscal year commencing April first, two thousand seven, at the
request of the director of the division of the budget, the director of
the division of the lottery shall transmit a schedule of payments
required pursuant to this section to the director of the division of the
budget. In determining such schedule of payments, the director of the
division of the lottery shall include a reconciliation of the state aid
paid in the preceding fiscal year. Such reconciliation shall adjust for
the difference between the state aid paid in the preceding fiscal year
and what the state aid payment would have been if the actual full annual
value of net machine income had been used in the calculation of state
aid. Such reconciliation shall be subject to the maximum amounts identi-
fied in subdivision two of this section for the year being reconciled.
b. Notwithstanding any other provision of law to the contrary, in the
event any eligible city or eligible municipality receives any payment
under subdivision two of this section that has been recommended to be
reconciled by the director of the division of the lottery as set forth
in this subdivision, and the amounts payable pursuant to subdivision two
of this section are insufficient to support such reconciliation, the
comptroller shall deduct from any moneys payable to such eligible city
or eligible municipality the amount required for such reconciliation
upon receipt of a certification of the reconciliation amount from the
director of the division of the lottery.
S. 56--A 164 A. 156--A
5.] Payments of state aid pursuant to this section shall be made on or
before June thirtieth of each state fiscal year to the chief fiscal
officer of each eligible city and each eligible municipality on audit
and warrant of the state comptroller out of moneys appropriated by the
legislature for such purpose to the credit of the local assistance fund
in the general fund of the state treasury.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART LL
Section 1. Subdivisions (a), (b), (d), (e), (g), (h) and (j) of
section 1111-a of the vehicle and traffic law, subdivisions (a), (b) and
(d) as amended by chapter 658 of the laws of 2006, subdivision (e) as
amended by chapter 479 of the laws of 1994 and subdivisions (g), (h) and
(j) as added by chapter 746 of the laws of 1988, are amended to read as
follows:
(a) 1. Notwithstanding any other provision of law, each city with a
population of one [million] HUNDRED TWENTY-FIVE THOUSAND or more [is] OR
COUNTY WITH A POPULATION OF ONE MILLION OR MORE IS hereby authorized and
empowered to adopt and amend a local law or ordinance establishing a
[demonstration] program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with traffic-con-
trol indications in such city OR COUNTY in accordance with the
provisions of this section. [Such demonstration program shall empower a
city to install and operate traffic-control signal photo violation-moni-
toring devices at no more than one hundred intersections within such
city at any one time.]
2. Such [demonstration] program shall utilize necessary technologies
to ensure, to the extent practicable, that photographs produced by such
traffic-control signal photo violation-monitoring systems shall not
include images that identify the driver, the passengers, or the contents
of the vehicle. Provided, however, that no notice of liability issued
pursuant to this section shall be dismissed solely because a photograph
or photographs allow for the identification of the contents of a vehi-
cle, provided that such city OR COUNTY has made a reasonable effort to
comply with the provisions of this paragraph.
(b) In any city OR COUNTY which has adopted a local law or ordinance
pursuant to subdivision (a) of this section, the owner of a vehicle
shall be liable for a penalty imposed pursuant to this section if such
vehicle was used or operated with the permission of the owner, express
or implied, in violation of subdivision (d) of section eleven hundred
eleven of this article, and such violation is evidenced by information
obtained from a traffic-control signal photo violation-monitoring
system; provided however that no owner of a vehicle shall be liable for
a penalty imposed pursuant to this section where the operator of such
vehicle has been convicted of the underlying violation of subdivision
(d) of section eleven hundred eleven of this article.
(d) A certificate, sworn to or affirmed by a technician employed by
the city OR COUNTY in which the charged violation occurred, or a facsim-
ile thereof, based upon inspection of photographs, microphotographs,
videotape or other recorded images produced by a traffic-control signal
photo violation-monitoring system, shall be prima facie evidence of the
facts contained therein. Any photographs, microphotographs, videotape or
other recorded images evidencing such a violation shall be available for
inspection in any proceeding to adjudicate the liability for such
S. 56--A 165 A. 156--A
violation pursuant to a local law or ordinance adopted pursuant to this
section.
(e) An owner liable for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to a local law or ordi-
nance adopted pursuant to this section shall be liable for monetary
penalties in accordance with a schedule of fines and penalties to be set
forth in such local law or ordinance, except that in a city which, by
local law, has authorized the adjudication of such owner liability by a
parking violations bureau, such schedule shall be promulgated by such
bureau, AND IN A COUNTY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDI-
CATION OF SUCH OWNER LIABILITY BY A TRAFFIC AND PARKING VIOLATIONS AGEN-
CY, SUCH SCHEDULE MAY BE PROMULGATED BY THE BOARD OF JUDGES OF THE
DISTRICT COURT FOR SUCH COUNTY, PURSUANT TO SUBDIVISION ONE OF SECTION
TWENTY-FOUR HUNDRED EIGHT OR SUBDIVISION ONE OF SECTION TWENTY-FOUR
HUNDRED ELEVEN OF THE UNIFORM DISTRICT COURT ACT. The liability of the
owner pursuant to this section shall not exceed [fifty] ONE HUNDRED
dollars for each violation; provided, however, that such local law or
ordinance may provide for an additional penalty not in excess of twen-
ty-five dollars for each violation for the failure to respond to a
notice of liability within the prescribed time period.
(g) 1. A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section. Personal delivery on the owner shall not be required. A manual
or automatic record of mailing prepared in the ordinary course of busi-
ness shall be prima facie evidence of the facts contained therein.
2. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section, the registration number of the vehicle involved in such
violation, the location where such violation took place, the date and
time of such violation and the identification number of the camera which
recorded the violation or other document locator number.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which he may contest the
liability alleged in the notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of liabil-
ity and that a default judgment may be entered thereon.
4. The notice of liability shall be prepared and mailed by the city OR
COUNTY having jurisdiction over the intersection where the violation
occurred, or by any other entity authorized by the city OR COUNTY to
prepare and mail such notification of violation.
(h) Adjudication of the liability imposed upon owners by this section
shall be by a traffic violations bureau OR TRAFFIC AND PARKING
VIOLATIONS AGENCY established pursuant to section three hundred seventy
of the general municipal law or, if there be none, by the court having
jurisdiction over traffic infractions, except that any city OR COUNTY
which has established an administrative tribunal to hear and determine
complaints of traffic infractions constituting parking, standing or
stopping violations, OR AN ADMINISTRATIVE TRIBUNAL TO ADJUDICATE THE
LIABILITY IMPOSED BY THIS SECTION, may, by local law, authorize such
adjudication by such tribunal. WHEN A COUNTY HAS ESTABLISHED A PROGRAM
UNDER THIS SECTION, AND WHEN ADJUDICATION IS BY A COURT HAVING JURISDIC-
TION OVER TRAFFIC INFRACTIONS, ALL FINES AND PENALTIES COLLECTED UNDER
S. 56--A 166 A. 156--A
SUCH PROGRAM SHALL BE MADE TO THE COUNTY TREASURER WITHIN THE FIRST TEN
DAYS OF THE MONTH FOLLOWING COLLECTION.
(j) 1. In a city OR A COUNTY where the adjudication of liability
imposed upon owners pursuant to this section is by a traffic violations
bureau, A TRAFFIC AND PARKING VIOLATIONS AGENCY or a court having juris-
diction, an owner who is a lessor of a vehicle to which a notice of
liability was issued pursuant to subdivision (g) of this section shall
not be liable for the violation of subdivision (d) of section eleven
hundred eleven of this article, provided that he or she sends to the
traffic violations bureau, TRAFFIC AND PARKING VIOLATIONS AGENCY or
court having jurisdiction a copy of the rental, lease or other such
contract document covering such vehicle on the date of the violation,
with the name and address of the lessee clearly legible, within thirty-
seven days after receiving notice from the TRAFFIC VIOLATIONS bureau,
TRAFFIC AND PARKING VIOLATIONS AGENCY or court of the date and time of
such violation, together with the other information contained in the
original notice of liability. Failure to send such information within
such thirty-seven day time period shall render the owner liable for the
penalty prescribed by this section. Where the lessor complies with the
provisions of this paragraph, the lessee of such vehicle on the date of
such violation shall be deemed to be the owner of such vehicle for
purposes of this section, shall be subject to liability for the
violation of subdivision (d) of section eleven hundred eleven of this
article pursuant to this section and shall be sent a notice of liability
pursuant to subdivision (g) of this section.
2. (i) In a city OR A COUNTY which, by local law, has authorized the
adjudication of liability imposed upon owners by this section by a park-
ing violations bureau, an owner who is a lessor of a vehicle to which a
notice of liability was issued pursuant to subdivision (g) of this
section shall not be liable for the violation of subdivision (d) of
section eleven hundred eleven of this article, provided that:
(A) prior to the violation, the lessor has filed with the bureau in
accordance with the provisions of section two hundred thirty-nine of
this chapter; and
(B) within thirty-seven days after receiving notice from the bureau of
the date and time of a liability, together with the other information
contained in the original notice of liability, the lessor submits to the
bureau the correct name and address of the lessee of the vehicle identi-
fied in the notice of liability at the time of such violation, together
with such other additional information contained in the rental, lease or
other contract document, as may be reasonably required by the bureau
pursuant to regulations that may be promulgated for such purpose.
(ii) Failure to comply with clause (B) of subparagraph (i) of this
paragraph shall render the owner liable for the penalty prescribed in
this section.
(iii) Where the lessor complies with the provisions of this paragraph,
the lessee of such vehicle on the date of such violation shall be deemed
to be the owner of such vehicle for purposes of this section, shall be
subject to liability for such violation pursuant to this section and
shall be sent a notice of liability pursuant to subdivision (g) of this
section.
S 2. Subdivision (m) of section 1111-a of the vehicle and traffic law
is REPEALED.
S 3. Section 17 of chapter 746 of the laws of 1988 amending the vehi-
cle and traffic law, the general municipal law and the public officers
law relating to the civil liability of vehicle owners for traffic
S. 56--A 167 A. 156--A
control signal violations, as amended by chapter 667 of the laws of
2004, is amended to read as follows:
S 17. This act shall take effect on the thirtieth day after it shall
have become a law [and shall remain in full force and effect until
December 1, 2009 when upon such date the amendments and provisions made
by this act shall be deemed repealed; provided, however, any such local
laws as may be enacted pursuant to this act shall remain in full force
and effect only until the expiration on December 1, 2009].
S 4. Subdivisions (a), (f) and (n) of section 19-210 of the adminis-
trative code of the city of New York, subdivision (a) as amended by
chapter 658 of the laws of 2006, subdivision (f) as amended by local law
number 29 of the city of New York for the year 1994, and subdivision (n)
as amended by local law number 25 of the city of New York for the year
1994, are amended to read as follows:
(a) 1. Notwithstanding any other provision of law, the parking
violations bureau is hereby authorized and empowered to establish a
[demonstration] program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with traffic-con-
trol indications in accordance with the provisions of this section. [The
department of transportation, for purposes of implementation of such
program, shall be authorized to install and operate traffic-control
signal photo violation-monitoring devices at no more than one hundred
intersections at any one time.]
2. Such [demonstration] program shall utilize necessary technologies
to ensure, to the extent practicable, that photographs produced by such
traffic-control signal photo violation-monitoring systems shall not
include images that identify the driver, the passengers, or the contents
of the vehicle. Provided, however, that no notice of liability issued
pursuant to this section shall be dismissed solely because a photograph
or photographs allow for the identification of the contents of a vehi-
cle, provided that such city has made a reasonable effort to comply with
the provisions of this paragraph.
(f) An owner liable for a violation of subdivision (d) of section
eleven hundred eleven of the vehicle and traffic law pursuant to this
section shall be liable for monetary penalties in accordance with a
schedule of fines and penalties to be promulgated by such bureau. The
liability of the owner pursuant to this section shall not exceed [fifty]
ONE HUNDRED dollars for each violation; provided however that such
bureau may provide for an additional penalty not in excess of twenty-
five dollars for each violation for the failure to respond to a notice
of liability within the prescribed time period. Such bureau shall adju-
dicate liability imposed by this section.
(n) On or before September 1, 1989, and every four months thereafter,
until such time as the [demonstration] program authorized in subdivision
(a) hereof shall be fully operational, the commissioner of transporta-
tion shall submit a written report to the council on the status of said
[demonstration] program. Such report shall include, but not be limited
to, the locations selected for inclusion in the [demonstration] program
and the cost to the city, both individually and collectively, of each
location included in such [demonstration] project.
S 5. Subdivision (o) of section 19-210 of the administrative code of
the city of New York is REPEALED.
S 6. Section 2 of local law number 46 of the city of New York for the
year 1989 amending the administrative code of the city of New York
relating to civil liability of vehicle owners for traffic control signal
S. 56--A 168 A. 156--A
violations, as amended by chapter 667 of the laws of 2004, is amended to
read as follows:
S 2. This local law shall take effect immediately [and shall expire on
December 1, 2009].
S 7. This act shall take effect immediately.
PART MM
Section 1. Section 20-b of the general city law, as amended by chapter
310 of the laws of 1962, the opening paragraph as amended by chapter 287
of the laws of 1979, is amended to read as follows:
S 20-b. Cities authorized to impose taxes on utilities. 1. Notwith-
standing any other provisions of law to the contrary, any city of this
state, acting through its local legislative body, is hereby authorized
and empowered to adopt and amend local laws imposing in any such city a
tax such as was imposed by section one hundred eighty-six-a of the tax
law, in effect on January first, nineteen hundred fifty-nine, EXCEPT
THAT THE TERM "UTILITY" AS DEFINED IN THAT SECTION ALSO INCLUDES ANY
PROVIDER OF TELECOMMUNICATION SERVICES, AS DEFINED IN PARAGRAPH (E) OF
SUBDIVISION ONE OF SECTION ONE HUNDRED EIGHTY-SIX-E OF THE TAX LAW, AND
except that the rate thereof shall not exceed one per centum of gross
income or of gross operating income, as the case may be, and may make
provision for the collection thereof by the chief fiscal officer of such
city; provided, however, that the rate of such tax imposed by the cities
of Rochester, Buffalo and Yonkers shall not exceed three per centum of
gross income or gross operating income, as the case may be; and provided
further that nothing herein contained shall be construed so as to
prevent any city from adopting local laws exempting from such tax [omni-
bus corporations] COMMON CARRIERS subject to the supervision of the
[state department of public service] COMMISSIONER OF TRANSPORTATION
under article [three-a] FIVE of the [public service] TRANSPORTATION law.
FOR PURPOSES OF ANY TAX IMPOSED PURSUANT TO THE AUTHORITY OF THIS
SECTION, THE TERMS "TELEPHONY AND TELEGRAPHY" AND "TELEPHONE AND TELE-
GRAPH SERVICE" INCLUDE MOBILE TELECOMMUNICATIONS SERVICE.
2. A tax imposed pursuant to this section shall have application only
within the territorial limits of any such city, and shall be in addition
to any and all other taxes. [This] EXCEPT AS OTHERWISE PROVIDED, THIS
section shall not authorize the imposition of a tax on any transaction
originating or consummated outside of the territorial limits of any such
city, notwithstanding that some act be necessarily performed with
respect to such transaction within such limits. ANY TAX ON MOBILE TELE-
COMMUNICATIONS SERVICE AUTHORIZED TO BE IMPOSED BY THIS SECTION MUST BE
IMPOSED ONLY ON MOBILE TELECOMMUNICATIONS SERVICE PROVIDED BY A HOME
SERVICE PROVIDER WHERE THE MOBILE TELECOMMUNICATIONS CUSTOMER'S PLACE OF
PRIMARY USE IS WITHIN THE TERRITORIAL LIMITS OF THE CITY. FOR PURPOSES
OF ANY TAX IMPOSED PURSUANT TO THE AUTHORITY OF THIS SECTION, THE TERMS
"MOBILE TELECOMMUNICATIONS SERVICE", "PLACE OF PRIMARY USE", "MOBILE
TELECOMMUNICATIONS CUSTOMER", AND "HOME SERVICE PROVIDER" SHALL HAVE THE
SAME MEANING AS THOSE TERMS HAVE IN PARAGRAPHS TWENTY-FOUR, TWENTY-SIX
AND TWENTY-SEVEN, RESPECTIVELY, OF SUBDIVISION (B) OF SECTION ELEVEN
HUNDRED ONE OF THE TAX LAW.
3. Revenues resulting from the imposition of taxes authorized by this
section heretofore or hereafter imposed shall be paid into the treasury
of the city imposing the same, and shall be credited to and deposited in
the general fund of such city.
S. 56--A 169 A. 156--A
4. All of the provisions of [section] SECTIONS one hundred
eighty-six-a AND ONE HUNDRED EIGHTY-SIX-E of the tax law, so far as the
same are or can be made applicable, with such limitations as are set
forth in this section, and such modifications as may be necessary in
order to adapt such taxes to local conditions shall apply to the taxes
authorized by this section.
5. Any final determination of the amount of any tax payable hereunder
shall be reviewable for error, illegality or unconstitutionality or any
other reason whatsoever by a proceeding under article seventy-eight of
the civil practice law and rules if application therefor is made to the
supreme court within thirty days after the giving of the notice of such
final determination, provided, however, that any such proceeding under
article seventy-eight of the civil practice law and rules shall not be
instituted unless the amount of any tax sought to be reviewed, with such
interest and penalties thereon as may be provided for by local law or
regulation, shall be first deposited and an undertaking filed, in such
amount and with such sureties as a justice of the supreme court shall
approve to the effect that if such proceeding be dismissed or the tax
confirmed the petitioner will pay all costs and charges which may accrue
in the prosecution of such proceeding.
6. Where any tax imposed hereunder shall have been erroneously, ille-
gally or unconstitutionally collected and application for the refund
thereof duly made to the proper fiscal officer or officers, and such
officer or officers shall have made a determination denying such refund,
such determination shall be reviewable by a proceeding under article
seventy-eight of the civil practice law and rules, provided, however,
that such proceeding is instituted within thirty days after the giving
of the notice of such denial, that a final determination of tax due was
not previously made, and that an undertaking is filed with the proper
fiscal officer or officers in such amount and with such sureties as a
justice of the supreme court shall approve to the effect that if such
proceeding be dismissed or the tax confirmed, the petitioner will pay
all costs and charges which may accrue in the prosecution of such
proceeding.
S 2. Section 5-530 of the village law is amended to read as follows:
S 5-530 Villages authorized to impose taxes on utilities. l. Notwith-
standing any other provisions of law to the contrary, any village is
hereby authorized and empowered to adopt and amend local laws imposing
in any such village a tax such as was imposed by section one hundred
eighty-six-a of the tax law, in effect on January first, nineteen
hundred fifty-nine, EXCEPT THAT THE TERM "UTILITY" AS DEFINED IN THAT
SECTION ALSO INCLUDES ANY PROVIDER OF TELECOMMUNICATION SERVICES, AS
DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION ONE HUNDRED
EIGHTY-SIX-E OF THE TAX LAW, AND except that the rate thereof shall not
exceed one per centum of gross income or of gross operating income, as
the case may be, and may make provision for the collection thereof by
the chief fiscal officer of such village; provided, however, that noth-
ing herein contained shall be construed so as to prevent any village
from adopting local laws exempting from such tax [omnibus corporations]
COMMON CARRIERS subject to the supervision of the [state department of
public service] COMMISSIONER OF TRANSPORTATION under article [three-a]
FIVE of the [public service] TRANSPORTATION law. FOR PURPOSES OF ANY
TAX IMPOSED PURSUANT TO THE AUTHORITY OF THIS SECTION, THE TERMS "TELE-
PHONY AND TELEGRAPHY" AND "TELEPHONE AND TELEGRAPH SERVICE" INCLUDE
MOBILE TELECOMMUNICATIONS SERVICE.
S. 56--A 170 A. 156--A
2. A tax imposed pursuant to this section shall have application only
within the territorial limits of any such village, and shall be in addi-
tion to any and all other taxes. [This] EXCEPT AS OTHERWISE PROVIDED,
THIS section shall not authorize the imposition of a tax on any trans-
action originating or consummated outside of the territorial limits of
any such village, notwithstanding that some act be necessarily performed
with respect to such transaction within such limits.
[2.] ANY TAX ON MOBILE TELECOMMUNICATIONS SERVICE AUTHORIZED TO BE
IMPOSED BY THIS SECTION MUST BE IMPOSED ONLY ON MOBILE TELECOMMUNI-
CATIONS SERVICE PROVIDED BY A HOME SERVICE PROVIDER WHERE THE MOBILE
TELECOMMUNICATIONS CUSTOMER'S PLACE OF PRIMARY USE IS WITHIN THE TERRI-
TORIAL LIMITS OF THE VILLAGE. FOR PURPOSES OF ANY TAX IMPOSED PURSUANT
TO THE AUTHORITY OF THIS SECTION, THE TERMS "MOBILE TELECOMMUNICATIONS
SERVICE", "PLACE OF PRIMARY USE", "MOBILE TELECOMMUNICATIONS CUSTOMER",
AND "HOME SERVICE PROVIDER" SHALL HAVE THE SAME MEANING AS THOSE TERMS
HAVE IN PARAGRAPHS TWENTY-FOUR, TWENTY-SIX, AND TWENTY-SEVEN, RESPEC-
TIVELY, OF SUBDIVISION (B) OF SECTION ELEVEN HUNDRED ONE OF THE TAX LAW.
3. Revenues resulting from the imposition of taxes authorized by this
section heretofore or hereafter imposed shall be paid to the treasurer
of the village imposing the same, and shall be credited to and deposited
in the general fund of such village.
[3.] 4. All of the provisions of [section] SECTIONS one hundred eight-
y-six-a AND ONE HUNDRED EIGHTY-SIX-E of the tax law, so far as the same
are or can be made applicable, with such limitations as are set forth in
this section, and such modifications as may be necessary in order to
adapt such taxes to local conditions shall apply to the taxes authorized
by this section.
[4.] 5. Notwithstanding any other provisions of this section or of
section one hundred eighty-six-a of the tax law, the words "gross
income" shall include:
a. In the case of a utility engaged in selling telephony or telephone
service OTHER THAN MOBILE TELECOMMUNICATIONS SERVICE, only receipts from
local exchange service wholly consummated within the village; [and]
b. In the case of a utility engaged in selling telegraphy or telegraph
service OTHER THAN MOBILE TELECOMMUNICATIONS SERVICE, only receipts from
transactions wholly consummated within the village; AND
C. IN THE CASE OF A UTILITY ENGAGED IN SELLING MOBILE TELECOMMUNI-
CATIONS SERVICE, ONLY RECEIPTS FROM SALES OF MOBILE TELECOMMUNICATIONS
SERVICE TO MOBILE TELECOMMUNICATIONS CUSTOMERS WITH A PLACE OF PRIMARY
USE WITHIN THE VILLAGE.
[5.] 6. Any final determination of the amount of any tax payable here-
under shall be reviewable for error, illegality, or unconstitutionality
or any other reason whatsoever by a proceeding under article seventy-
eight of the civil practice law and rules if the proceeding is commenced
within ninety days after the giving of the notice of such final determi-
nation; provided, however, that any such proceeding under said article
seventy-eight shall not be instituted unless the amount of any tax
sought to be reviewed, with such interest and penalties thereon as may
be provided for by local law, ordinance or resolution, shall be first
deposited and an undertaking filed, in such amount and with such sure-
ties as a justice of the supreme court shall approve to the effect that
if such proceeding be dismissed or the tax confirmed the petitioner will
pay all costs and charges which may accrue in the prosecution of such
proceeding.
[6.] 7. Where any tax imposed hereunder shall have been erroneously,
illegally or unconstitutionally collected and application for the refund
S. 56--A 171 A. 156--A
thereof duly made to the proper fiscal officer or officers, and such
officer or officers shall have made a determination denying such refund,
such determination shall be reviewable by a proceeding under article
seventy-eight of the civil practice law and rules, provided, however,
that such proceeding is commenced within ninety days after the giving of
the notice of such denial, that a final determination of tax due was not
previously made, and that an undertaking is filed with the proper fiscal
officer or officers in such amount and with such sureties as a justice
of the supreme court shall approve to the effect that if such proceeding
be dismissed or the tax confirmed, the petitioner will pay all costs and
charges which may accrue in the prosecution of such proceeding.
[7.] 8. Except in the case of a willfully false or fraudulent return
with intent to evade the tax, no assessment of additional tax shall be
made with respect to taxes imposed under this section, after the expira-
tion of more than three years from the date of the filing of a return,
provided, that where no return has been filed as provided by local law
the tax may be assessed at any time.
S 3. Any local law adopted pursuant to the authority of section 20-b
of the general city law or section 5-530 of the village law shall be
deemed amended to conform to the provisions of sections one and two of
this act with respect to taxable periods beginning on or after September
1, 2009, except that any exemption applicable to an omnibus corporation
in effect on September 1, 2009, shall not be affected by any amendment
made to such provisions.
S 4. This act shall take effect immediately, and shall apply to taxa-
ble periods beginning on and after September 1, 2009.
PART NN
Section 1. Subsection (d) of section 3231 of the insurance law, as
added by chapter 501 of the laws of 1992, is amended to read as follows:
(d) (1) Notwithstanding any other provision of this chapter to the
contrary, no policy form subject to this section shall be issued or
delivered, nor any insurance contract entered into, unless and until the
insurer has filed with the superintendent a schedule of premiums, not to
exceed twelve months in duration, to be paid under the policy forms and
obtained the superintendent's approval thereof. The superintendent may
refuse such approval if he or she finds that such premiums are exces-
sive, inadequate, or unfairly discriminatory. The superintendent may
consider the financial condition of such insurer in approving or disap-
proving any premium. In determining whether to approve the schedule of
premiums filed, the superintendent shall, subject to the provisions of
section three thousand two hundred thirty-three of this article, consid-
er the prior experience of the insurer's community pool and the insur-
er's projections relating to claim costs, utilization and administrative
expenses and shall not adjust the insurer's rates based upon the rates
approved for other insurers.
(2) AN INSURER SHALL PROVIDE SPECIFIC CLAIMS EXPERIENCE TO A MUNICIPAL
CORPORATION, AS DEFINED IN SUBSECTION (F) OF SECTION FOUR THOUSAND SEVEN
HUNDRED TWO OF THIS CHAPTER, COVERED BY THE INSURER UNDER A COMMUNITY
RATED POLICY WHEN THE MUNICIPAL CORPORATION REQUESTS ITS CLAIMS EXPERI-
ENCE FOR PURPOSES OF FORMING OR JOINING A MUNICIPAL COOPERATIVE HEALTH
BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER.
NOTWITHSTANDING THE FORGOING PROVISIONS, NO INSURER SHALL BE REQUIRED TO
PROVIDE MORE THAN THREE YEARS' CLAIMS EXPERIENCE TO A MUNICIPAL CORPO-
RATION MAKING THIS REQUEST.
S. 56--A 172 A. 156--A
S 2. Subsection (d) of section 4317 of the insurance law, as added by
chapter 501 of the laws of 1992, is amended to read as follows:
(d) (1) This section shall also apply to contracts issued to a group
defined in subsection (c) of section four thousand two hundred thirty-
five OF THIS CHAPTER, including but not limited to an association or
trust of employers, if the group includes one or more member employers
or other member groups which have fifty or fewer employees or members
exclusive of spouses and dependents.
(2) A CORPORATION SHALL PROVIDE SPECIFIC CLAIMS EXPERIENCE TO A MUNIC-
IPAL CORPORATION, AS DEFINED IN SUBSECTION (F) OF SECTION FOUR THOUSAND
SEVEN HUNDRED TWO OF THIS CHAPTER, COVERED BY THE CORPORATION UNDER A
COMMUNITY RATED CONTRACT WHEN THE MUNICIPAL CORPORATION REQUESTS ITS
CLAIMS EXPERIENCE FOR PURPOSES OF FORMING OR JOINING A MUNICIPAL COOPER-
ATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF
THIS CHAPTER. NOTWITHSTANDING THE FOREGOING PROVISIONS, NO CORPORATION
SHALL BE REQUIRED TO PROVIDE MORE THAN THREE YEARS' CLAIMS EXPERIENCE TO
A MUNICIPAL CORPORATION MAKING THIS REQUEST.
S 3. Paragraph 2 of subsection (a) of section 4704 of the insurance
law, as added by chapter 689 of the laws of 1994, is amended to read as
follows:
(2) except for any plan that provided medical, surgical and hospital
services on or before January first, nineteen hundred ninety-three
pursuant to a municipal cooperation agreement, the number of municipal
corporations participating in the municipal cooperative health benefit
plan shall be at least [five] THREE;
S 4. Paragraph 1 of subsection (a) of section 4706 of the insurance
law, as added by chapter 689 of the laws of 1994, is amended to read as
follows:
(1) a reserve for payment of claims and expenses thereon reported but
not yet paid, and claims and expenses thereon incurred but not yet
reported which [shall not be less than an amount equal to twenty-five
percent of expected incurred claims and expenses thereon for the current
plan year, unless a qualified actuary has demonstrated to the super-
intendent's satisfaction that a lesser amount will be adequate] SHALL
PROVIDE FOR THE PAYMENT OF ALL LOSSES OR CLAIMS AND EXPENSES INCURRED ON
OR PRIOR TO THE DATE OF STATEMENT AS DETERMINED BY A QUALIFIED ACTUARY,
MEETING THE REQUIREMENTS PRESCRIBED BY THE SUPERINTENDENT;
S 5. The opening paragraph of section 4714 of the insurance law, as
added by chapter 689 of the laws of 1994, is amended to read as follows:
For municipal cooperative health benefit plans [that provided medical,
surgical or hospital services on or before January first, nineteen
hundred ninety-three pursuant to a municipal cooperation agreement
authorized under article five-G of the general municipal law] CERTIFIED
ON OR AFTER JULY FIRST, TWO THOUSAND NINE, the reserve and surplus
requirements in section four thousand seven hundred six of this article
may be phased in over a period of up to five plan years, provided that:
S 6. Paragraph 1 of subsection (a) of section 4714 of the insurance
law, as added by chapter 689 of the laws of 1994, is amended to read as
follows:
(1) at the end of the first plan year [on or] after [the effective
date of this article] CERTIFICATION shall not be less than [twelve]
FIFTY percent of [expected incurred claims and expenses thereon for such
plan year] THE AMOUNT ESTABLISHED PURSUANT TO SUCH PARAGRAPH; and
S 7. The superintendent of insurance shall order a study of the impact
to the community rated health insurance market of allowing a public
entity, as defined in paragraph 51 of subsection (a) of section 107 of
S. 56--A 173 A. 156--A
the insurance law, with fifty or fewer employees to join with public
entities with more than fifty employees to purchase health insurance
coverage under experience rated policies. The study shall be performed
by a member of the American academy of actuaries. The study shall be
completed and a report submitted by September 1, 2010 to the governor,
the superintendent of insurance, the temporary president of the senate
and the speaker of the assembly.
S 8. Section 180 of the agriculture and markets law, as added by chap-
ter 874 of the laws of 1977, is amended to read as follows:
S 180. Municipal directors of weights and measures. 1. There shall be
a county director of weights and measures in each county, except where
(A) a county is wholly embraced within a city there shall be a city
director of weights and measures, OR (B) WHERE TWO OR MORE COUNTIES HAVE
ENTERED INTO AN INTERMUNICIPAL AGREEMENT, PURSUANT TO ARTICLE FIVE-G OF
THE GENERAL MUNICIPAL LAW, TO SHARE THE FUNCTIONS, POWERS, AND DUTIES OF
ONE DIRECTOR OF WEIGHTS AND MEASURES. Any county or city having a popu-
lation of one million or more may elect to designate its commissioner of
consumer affairs as its director of weights and measures. Subdivision
four of this section shall not apply to a commissioner of consumer
affairs so designated.
2. No city may institute a weights and measures program. Provided,
that any city which maintained a weights and measures program on January
first, nineteen hundred seventy-six may continue such program under a
city director of weights and measures.
a. Any such city may contract with the legislature of the county in
which it is located for the county director of weights and measures to
perform the duties of and have the same powers within such city as the
city director. Such contract shall fix the amount to be paid annually by
the city to the county for such services. During the period such
contract is in force and effect, the office of city director of weights
and measures shall be abolished.
b. The county director shall not have jurisdiction in any city which
has a city director of weights and measures, except in the county of
Westchester the county director shall have concurrent jurisdiction with
city directors of weights and measures in such county.
3. Nothing contained herein shall prohibit the governing body of any
county or city from assigning to its municipal director powers and
duties in addition to the powers and duties prescribed by this article
provided such additional powers and duties deal primarily with services
designed to aid and protect the consumer and are not inconsistent with
the provisions of this article.
4. The municipal director shall be appointed by the appropriate
authority of the municipality in which he resides having the general
power of appointment of officers and employees. WHERE TWO OR MORE COUN-
TIES HAVE ENTERED INTO AN INTERMUNICIPAL AGREEMENT, PURSUANT TO ARTICLE
FIVE-G OF THE GENERAL MUNICIPAL LAW, TO SHARE THE FUNCTIONS, POWERS, AND
DUTIES OF ONE DIRECTOR OF WEIGHTS AND MEASURES, SAID MUNICIPAL DIRECTOR
MAY RESIDE IN ANY COUNTY THAT IS A PARTY TO THE INTERMUNICIPAL AGREE-
MENT. He shall be paid a salary determined by the appropriate authority
and shall be provided by such authority with the working standards of
weights, measures and other equipment as required by rules and regu-
lations promulgated in accordance with this article. The position of
municipal director shall be in the competitive class of the civil
service with respect to all persons appointed on or after the effective
date of this act.
S 9. Section 775 of the county law is amended to read as follows:
S. 56--A 174 A. 156--A
S 775. [County sealer] DIRECTOR OF WEIGHTS AND MEASURES; duties. The
[county sealer] DIRECTOR OF WEIGHTS AND MEASURES shall perform the
duties prescribed by law for the enforcement of honest weights and meas-
ures. He shall perform such additional and related duties as may be
prescribed by law and directed by the board of supervisors.
S 10. Section 99-r of the general municipal law, as amended by chapter
165 of the laws of 2008, is amended to read as follows:
S 99-r. Contracts for services. Notwithstanding any other provisions
of law to the contrary, the governing board of any municipal corporation
may enter into agreements and/or contracts with any state agency includ-
ing any department, board, bureau, commission, division, office, coun-
cil, committee, or officer of the state, whether permanent or temporary,
[or a] ANY public benefit corporation or public authority, [or a] ANY
soil and water conservation district, [and] THE GOVERNING BOARD OF ANY
OTHER MUNICIPAL CORPORATION AND/OR any unit of the state university of
New York, pursuant to and consistent with sections three hundred fifty-
five and sixty-three hundred one of the education law within or without
such municipal corporation to provide OR RECEIVE fuel, equipment, main-
tenance and repair, supplies, water supply, street sweeping or mainte-
nance, sidewalk maintenance, RIGHT-OF-WAY MAINTENANCE, STORM WATER AND
OTHER drainage, sewage disposal, LANDSCAPING, MOWING, HIGHWAY INFRAS-
TRUCTURE INSPECTION, REPAIR OR MAINTENANCE, INCLUDING RELATED TRAFFIC
CONTROL AND ENFORCEMENT, TRAINING AND EDUCATION, ENGINEERING, or any
other services of government. Such MUNICIPAL CORPORATION, state agency,
soil and water conservation district, or unit of the state university of
New York, within the limits of any [specific] statutory appropriation
authorized and made available therefor by the legislature or by the
governing body responsible for the operation of such state agency, soil
and water conservation district, or unit of the state university of New
York may contract with any municipal corporation for such services as
herein provided AND MAY PROVIDE, IN AGREEMENTS AND/OR CONTRACTS ENTERED
INTO PURSUANT TO THIS SECTION, FOR THE RECIPROCAL PROVISION OF SERVICES
OR OTHER CONSIDERATION OF APPROXIMATELY EQUIVALENT VALUE, INCLUDING, BUT
NOT LIMITED TO, ROUTINE AND/OR EMERGENCY SERVICES, MONIES, EQUIPMENT,
BUILDINGS AND FACILITIES, MATERIALS OR A COMMITMENT TO PROVIDE FUTURE
ROUTINE AND/OR EMERGENCY SERVICES, MONIES, EQUIPMENT, BUILDINGS AND
FACILITIES OR MATERIALS. Any such contract may be entered into by
direct negotiations and shall not be subject to the provisions of
section one hundred three of this chapter.
S 11. Section 10 of the highway law is amended by adding a new subdi-
vision 46 to read as follows:
46. HAVE THE AUTHORITY TO ENTER INTO AGREEMENTS AND/OR CONTRACTS TO
PROVIDE OR RECEIVE SERVICES PURSUANT TO SECTION NINETY-NINE-R OF THE
GENERAL MUNICIPAL LAW UPON SUCH TERMS AND CONDITIONS AS DEEMED APPROPRI-
ATE BY THE COMMISSIONER OR COMMISSIONER'S DESIGNEE.
S 12. Section 12 of the highway law, as amended by chapter 1110 of the
laws of 1971, subdivision 2 as amended by chapter 249 of the laws of
1972, subdivision 2-a as added by chapter 568 of the laws of 1986 and
subdivision 7 as added by chapter 691 of the laws of 1971, is amended to
read as follows:
S 12. Commissioner [of transportation] to provide for maintenance,
repair, and [for] control of snow and ice; roads and driveways on state
lands. 1. The maintenance and repair of improved state highways in towns
and incorporated villages, exclusive, however, of the cost of maintain-
ing and repairing bridges having a span in excess of twenty feet shall
be under the direct supervision and control of the commissioner [of
S. 56--A 175 A. 156--A
transportation] and he OR SHE shall be responsible therefor. The cost of
such maintenance and repair shall be borne wholly by the state and be
paid from moneys appropriated therefor by the legislature. Such mainte-
nance and repair may be done in the discretion of the commissioner
either directly by the department [of transportation] or by contract
awarded to the lowest responsible bidder at a public letting after due
advertisement, and under such rules and regulations as the commissioner
[of transportation] may prescribe. The commissioner [of transportation]
shall also have the power to adopt such system as may seem expedient so
that each section of such highways shall be effectively and economically
preserved, maintained and repaired.
2. The maintenance of state highways shall include the control of snow
and ice AND OTHER HIGHWAY MAINTENANCE ACTIVITIES on such highways or any
parts thereof, as the commissioner [of transportation] may deem to be
necessary to provide reasonable passage and movement of vehicles over
such highways. The commissioner [of transportation] is authorized also
to erect snow fences at suitable locations. The work of such control of
snow and ice AND OTHER HIGHWAY MAINTENANCE ACTIVITIES may be done by any
municipality which for the purposes of this section shall include only a
county, city, town or village. The governing board or body of any such
municipality and the commissioner [of transportation] are hereby author-
ized to enter into an agreement for the performance of the work of such
control of snow and ice AND OTHER HIGHWAY MAINTENANCE ACTIVITIES upon
such terms, rules and regulations as may be deemed by the commissioner
[of transportation] to be for the best interest of the public. Such
agreement may provide for periodic payments based upon a percentage of
the estimated total cost. Any agreement authorized by this subdivision
shall be for a term of [three] UP TO FIVE years and at the expiration of
[each] THE year PRECEDING THE LAST YEAR of the term specified in the
agreement, as such term may be extended as herein provided, the munici-
pality shall notify the commissioner either (a) that it requests, with
the approval of the commissioner, that the term of the agreement be
extended for [one year] A SPECIFIED TERM OF UP TO FIVE YEARS or (b) it
intends not to extend the agreement and such agreement shall expire at
the end of the term. If the municipality fails to notify the commission-
er as herein provided, it shall be deemed that the municipality intends
not to extend the agreement. SUCH AGREEMENT MAY BE TERMINATED DURING
THE SPECIFIED TERM PROVIDED THE MUNICIPALITY SHALL NOTIFY THE COMMIS-
SIONER EIGHTEEN MONTHS PRIOR TO SUCH TERMINATION OF AN AGREEMENT FOR THE
CONTROL OF SNOW AND ICE. If any such agreement expires, a new agreement
between the commissioner and a municipality may be entered into for a
term of [three] UP TO FIVE years, with extended term or terms upon
notification as above provided. Whenever the commissioner shall deem the
work of control of snow and ice AND OTHER HIGHWAY MAINTENANCE ACTIVITIES
by any municipality to be inadequate or unsatisfactory according to the
terms of any such agreement, he OR SHE may, by official order to be
filed in [his office] THE DEPARTMENT, and by filing a certified copy
thereof in the office of the department of state, cancel said agreement,
and the payments thereunder provided by the state shall cease; whereupon
the commissioner may carry out the work of control of snow and ice AND
OTHER HIGHWAY MAINTENANCE ACTIVITIES. [The] AN official order provided
in this subdivision AND RELATING TO THE CONTROL OF SNOW AND ICE shall
become effective at the expiration of five days after the commissioner
shall mail a certified copy thereof to the clerk or other official who
performs related duties in such municipality. The governing board or
body of any such municipality is authorized to appropriate such sum as
S. 56--A 176 A. 156--A
it deems necessary to enable such municipality to perform the terms of
such agreement. The work of such control of snow and ice AND OTHER HIGH-
WAY MAINTENANCE ACTIVITIES may be done by any of the methods provided in
subdivision one of this section for the work of maintenance and repair,
or by a combination of such methods. Any county is hereby authorized to
enter into a contract with another municipality located within the same
county for the performance of the work of such control of snow and ice
AND OTHER HIGHWAY MAINTENANCE ACTIVITIES as a subcontractor under any
agreement with the commissioner [of transportation] as such agreement is
hereinbefore provided. Moneys received by a county under the terms of
any agreement authorized by this subdivision shall be credited to the
fund from which moneys were appropriated to enable the county to perform
the terms of such agreement. Moneys so received by a town shall be cred-
ited to the highway fund. Moneys so received by a city or village shall
be credited to the general fund.
2-a. (a) Except as provided hereafter the state shall indemnify and
hold harmless such municipalities for any and all liability for damages
for personal injury, injury to property or wrongful death for losses
arising from or occasioned by the manner of performance of the functions
under any agreement with a municipality for the control of snow and ice
AND OTHER HIGHWAY MAINTENANCE ACTIVITIES pursuant to this section.
(b) In no event shall the state be obligated to defend or indemnify
such municipality, in any action, proceeding, claim or demand arising
out of the actual operation of an insured vehicle or vehicle subject to
self-insurance while engaged in the operation of snow and ice control
functions AND OTHER HIGHWAY MAINTENANCE ACTIVITIES under such agreement.
(c) The municipality shall be entitled to representation by the attor-
ney general in any claim described in paragraph (a) of this subdivision,
provided, however, that the municipality shall be entitled to itself
defend any such action, proceeding, claim or demand whenever the attor-
ney general determines, based upon his investigation and review of the
facts and circumstances of the case that representation by the attorney
general would be inappropriate, or whenever a court of competent juris-
diction determines that a conflict of interest exists and that the muni-
cipality is entitled to be separately represented. Whenever the munici-
pality is entitled to defend the action itself, the state shall
reimburse the municipality for any and all costs and expenses, includ-
ing, but not limited to, counsel fees and disbursements.
(d) The state shall indemnify and save harmless such municipality in
the amount of any judgment obtained against such municipality in any
state or federal court on any claim described in paragraph (a) of this
subdivision, or in the amount of any settlement of such claim, or shall
pay such judgment or settlement; provided, however, that the act or
omission from which such judgment or settlement arose occurred while the
municipality was acting within the scope of its functions for control of
snow and ice AND OTHER HIGHWAY MAINTENANCE ACTIVITIES; provided,
further, that no stipulation of settlement of any such action, proceed-
ing, claim or demand shall be made or executed without approval of the
attorney general and of the commissioner [of transportation] or his
designee. Payment of any claim made pursuant to settlement shall not
exceed the sum of fifty thousand dollars. Nothing herein shall authorize
the state to indemnify or save harmless with respect to punitive or
exemplary damages.
(e) The duty to defend or indemnify and save harmless prescribed by
this subdivision shall be conditioned upon (i) delivery to the attorney
general or an assistant attorney general at the office of the department
S. 56--A 177 A. 156--A
of law located in Albany or New York city and by delivery to the commis-
sioner [of transportation] or his designee a copy of any claim, summons,
complaint, process, notice, demand or other pleading within ten days
after such municipality is served with such document and (ii) the full
cooperation of the municipality in the defense of such action, proceed-
ing, claim or demand and in the defense of any action, proceeding, claim
or demand against the state based upon the same act or omission, and in
the prosecution of any appeal.
(f) The benefits of this subdivision shall inure only to such munici-
palities and shall not enlarge or diminish the rights of any other party
nor shall any provision of this subdivision be construed to effect,
alter or repeal any provision of the workers' compensation law.
(g) This subdivision shall not in any way affect the obligation of any
claimant to give notice to the state under section ten of the court of
claims act or any other provision of law.
(h) The provisions of this subdivision shall not be construed to
impair, alter, limit or modify the rights and obligations of any insurer
under any insurance agreement.
(i) Except as otherwise specifically provided in this subdivision, the
provisions of this subdivision shall not be construed in any way to
impair, alter, limit, modify, abrogate or restrict any immunity avail-
able to or conferred upon any unit, entity, officer or employee of the
state or municipality or any other level of government, or any right to
defense and indemnification provided for any governmental officer or
employee by, in accordance with, or by reason of, any other provision of
state or federal statutory or common law.
3. The commissioner [of transportation] shall have the power to
purchase (a) materials for such maintenance and repair, except where
such work is done by contract, and to contract for the delivery thereof
at convenient intervals along such highways, and (b) equipment and
appliances that he may deem necessary to carry out the provisions of
this section. Any municipality, acting by and through its authorized
official, is hereby empowered to rent its machinery, tools, equipment,
and storage space, to the state, acting by and through the commissioner
[of transportation], for the purpose of such control of snow and ice AND
OTHER HIGHWAY MAINTENANCE ACTIVITIES upon such terms and at such rate as
may be agreed between the municipality and the commissioner [of trans-
portation]. Notwithstanding the provisions of any general, special or
local law or of any charter, the governing board or body of any such
municipality is hereby authorized to sell such machinery, tools and
equipment to the state, acting by and through the commissioner [of
transportation], for the purposes of this section and without compet-
itive bidding or other limitation or restriction provided in any gener-
al, special or local law or of any charter, and the commissioner [of
transportation], may, upon approval by the state comptroller and the
state commissioner of general services, purchase such machinery, tools
and equipment from any such municipality as herein provided.
4. Whenever funds therefor are made available, the commissioner [of
transportation] shall have power to acquire for the state, by purchase,
or by appropriation through the procedure described in section thirty of
this chapter, property for the purpose of storing, maintaining or proc-
essing construction [and], maintenance supplies, material or equipment
and for the purpose of providing, erecting and maintaining offices for
department personnel and structures for storing, maintaining or process-
ing construction and maintenance materials or equipment.
S. 56--A 178 A. 156--A
5. Whenever a state highway has been constructed at a greater width
than that provided in the original plans, upon petition of a village, as
provided in sections forty-six and forty-seven OF THIS CHAPTER, or upon
petition of a town or county, as provided in sections forty-eight,
forty-nine, or fifty-nine OF THIS CHAPTER, or whenever such highway has
been widened by a town or county under a permit granted as provided in,
or under conditions and regulations prescribed pursuant to section
fifty-two OF THIS CHAPTER, the additional width of pavement shall be
deemed to be a part of the highway and shall be maintained by the
commissioner [of transportation] as provided herein, but in no case
where any such highway has been widened as provided above, shall the
state be responsible for the maintenance of any curb or of any paved
gutter or paved shoulder, provided, however, that on any highway main-
tained by the state the commissioner shall have authority to clean any
pavement or paved gutter or repair any unpaved shoulder or unpaved
gutter outside of the pavement maintained by the state, where necessary
for the protection of such pavement.
6. Whenever the head of any state department having jurisdiction or
control over lands owned and occupied by the state, requests the commis-
sioner [of transportation] to maintain and to repair any road and drive-
way which is located on, over and across such lands, the commissioner
[of transportation] is, notwithstanding the provisions of any general,
special or local law, authorized to grant such request by his official
order therefor. Such official order shall contain a general description
of any such road and driveway. A certified copy of such official order
shall be filed by the commissioner [of transportation] in the office of
(a) the state department having jurisdiction or control over such lands,
and (b) the department of audit and control. Thereupon any such road
and driveway shall be maintained and repaired under the direct super-
vision and control of the commissioner [of transportation] in the same
manner as is provided in this section for the maintenance and repair of
improved state highways in towns and in incorporated villages.
7. Whenever the head of any state department, agency, institution or
public benefit corporation having jurisdiction or control over the lands
owned and occupied by the state or such department, agency, institution
or public benefit corporation requests the commissioner to construct,
reconstruct, and/or maintain any loop or peripheral roadway which is or
is to be located on, around, over, or across such lands, notwithstanding
the provisions of any general, special or local law, the commissioner is
authorized to grant such request and undertake such construction, recon-
struction and/or maintenance. Before undertaking the work of
construction, reconstruction and/or maintenance of such roadways, the
commissioner and the head of the state department, agency, institution
or public benefit corporation shall enter into a written agreement,
subject to the approval of the director of the budget, providing the
funds therefor, or reimbursement by such state department, agency,
institution or public benefit corporation of the funds therefor, includ-
ing all costs incurred by the department in connection with such
construction, reconstruction and/or maintenance. Where such loop or
peripheral roadway is to be constructed, reconstructed and/or maintained
on lands occupied by either the state university of New York or the
state university construction fund, both the state university of New
York and the state university construction fund shall be parties to such
agreement. Such roadway shall be constructed, or reconstructed, to
mutually agreeable standards, in the same manner as state highways are
constructed or reconstructed pursuant to this chapter. The maintenance
S. 56--A 179 A. 156--A
of such roadway shall be in the same manner as provided for state high-
ways in this chapter. If such a maintenance agreement extends for a
period greater than one year, the funds shall be made available for, or
reimbursed, on an annual basis. The head of such state department, agen-
cy, institution or public benefit corporation may terminate such mainte-
nance agreement upon six months written notice to the commissioner
making provision for the department [of transportation] to be reimbursed
for all costs incurred by such department up to such termination date.
In connection with the maintenance of such a roadway the commissioner
shall cause an official order to be issued therefor. Such official order
shall contain a general description of such roadway. A certified copy of
such official order shall be filed by the commissioner in the office of
the head of the state department, agency, institution or public benefit
corporation making such request for maintenance and with the department
of audit and control.
S 13. Section 55 of the highway law, as amended by chapter 1110 of the
laws of 1971, is amended to read as follows:
S 55. Emergency aid [for control of snow and ice] in municipalities.
Notwithstanding any inconsistent provision of law, general, special or
local, the commissioner of transportation, when authorized by the gover-
nor OR THE GOVERNOR'S DESIGNEE, is empowered to aid AND ACCEPT AID FROM
any county, city, town or village of the state in [the control of snow
and ice during] emergency situations, providing the governing board or
body of any such municipality OR THE COMMISSIONER certifies to the
governor (a) that such aid is required to promote the public welfare,
(b) that such municipality OR THE DEPARTMENT does not have available and
is unable to secure and provide the necessary equipment, facilities and
personnel to perform the immediate work [of control of snow and ice],
and (c) that adequate and appropriate provision has been made [to reim-
burse the state for] FOR REIMBURSEMENT OF any actual costs of labor and
of maintenance and operation and for the depreciation of the necessary
equipment and facilities [of the state]. The governing board or body of
any such municipality and the commissioner of transportation are hereby
authorized to enter into a contract for the purposes of this section
upon such terms and conditions as shall be reasonable for the protection
of the public.
S 14. Section 351 of the public health law, subdivision 1 as amended
by chapter 83 of the laws of 1975, is amended to read as follows:
S 351. County or part-county health commissioner, PUBLIC HEALTH DIREC-
TOR OR COUNTY HEALTH DIRECTOR; appointment; compensation. 1. The board
of health of each county and part-county health district OR OTHER BODY
HAVING THE POWERS AND DUTIES OF A BOARD OF HEALTH OF A COUNTY OR
PART-COUNTY HEALTH DISTRICT or the county executive in those counties
where the county charter provides that said commissioner is to be
appointed by the county executive shall appoint a county health commis-
sioner, COUNTY HEALTH DIRECTOR OR, WHEN AUTHORIZED UNDER THE STATE SANI-
TARY CODE, PUBLIC HEALTH DIRECTOR; except, however,
(A) that the boards of health of not more than three county or part-
county health districts OR OTHER BODIES HAVING THE POWERS AND DUTIES OF
A BOARD OF HEALTH OF A COUNTY OR PART-COUNTY HEALTH DISTRICT may appoint
the same person to serve as county health commissioner, COUNTY HEALTH
DIRECTOR OR, WHEN AUTHORIZED BY THE STATE SANITARY CODE, PUBLIC HEALTH
DIRECTOR for said health districts, if the total population of health
districts is not in excess of one hundred fifty thousand according to
the latest federal decennial census, provided the approval of the
commissioner is obtained[.]; OR
S. 56--A 180 A. 156--A
[The] (B) THE board of health OR OTHER BODY HAVING THE POWERS AND
DUTIES OF A BOARD OF HEALTH OF A COUNTY OR PART-COUNTY HEALTH DISTRICT
of any county health district with a population of less than thirty-five
thousand [population] according to the latest federal decennial census
may appoint the same person employed by a contiguous county or part-
county health district to serve as county health commissioner, COUNTY
HEALTH DIRECTOR OR, WHEN AUTHORIZED BY THE STATE SANITARY CODE, PUBLIC
HEALTH DIRECTOR without regard to the total population of both health
districts, provided the approval of the commissioner is obtained.
[2.] THE COMMISSIONER SHALL PERIODICALLY REVIEW HIS OR HER DETERMI-
NATION TO ENSURE SUCH EMPLOYMENT OF THE SAME COUNTY HEALTH DIRECTOR,
DIRECTOR OF PUBLIC HEALTH OR COUNTY HEALTH COMMISSIONER CONTINUES TO
SERVE THE INTEREST OF PUBLIC HEALTH AND MAY TERMINATE HIS OR HER
APPROVAL AT HIS OR HER DISCRETION.
2. IF THE COMMISSIONER HAS APPROVED THE APPOINTMENT OF THE SAME PERSON
TO SERVE AS THE COUNTY COMMISSIONER OF HEALTH OR PUBLIC HEALTH DIRECTOR
OF MORE THAN ONE COUNTY OR PART-COUNTY HEALTH DISTRICT PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, THEN DURING THE CONTINUATION OF SUCH
APPROVAL THE COMMISSIONER MAY ALSO AUTHORIZE THE SAME MEMBERS TO BE
APPOINTED TO THE BOARD OF HEALTH OF EACH RESPECTIVE HEALTH DISTRICT,
NOTWITHSTANDING THEIR RESIDENCY IN THE OTHER COUNTY.
3. ANY BOARDS OF HEALTH OR OTHER BODIES HAVING THE POWERS AND DUTIES
OF A BOARD OF HEALTH OF A COUNTY OR PART-COUNTY HEALTH DISTRICT HAVING
THE SAME MEMBERS SHALL ANNUALLY SUBMIT SUCH INFORMATION AND REPORTS
REGARDING THE EFFECT OF SUCH EMPLOYMENT ON ADMINISTRATION OF THE RESPEC-
TIVE HEALTH DISTRICTS AND THE PROVISION OF PUBLIC HEALTH SERVICES AS THE
COMMISSIONER MAY REQUIRE. THE COMMISSIONER SHALL USE SUCH INFORMATION IN
DETERMINING WHETHER SUCH COMMON MEMBERSHIP CONTINUES TO SERVE THE INTER-
EST OF PUBLIC HEALTH.
4. The county health commissioner OR PUBLIC HEALTH DIRECTOR shall
possess such qualifications for office as are prescribed in the sanitary
code.
[3.] 5. The county health commissioner OR PUBLIC HEALTH DIRECTOR shall
serve for a term of six years and shall not be removed during the term
for which he OR SHE shall have been appointed, except upon written
charges after a hearing and upon notice.
[4.] 6. The county health commissioner OR PUBLIC HEALTH DIRECTOR shall
receive such compensation as may be fixed by the board of supervisors
OR, IF THE COMMISSIONER'S APPROVAL HAS BEEN OBTAINED FOR THE EMPLOYMENT
OF THE SAME PERSON AS THE COUNTY HEALTH COMMISSIONER OR PUBLIC HEALTH
DIRECTOR PURSUANT TO SUBDIVISION ONE OF THIS SECTION, BY THE BOARDS OF
SUPERVISORS.
S 15. Section 214 of the town law, as amended by chapter 344 of the
laws of 2005, is amended to read as follows:
S 214. Oaths, undertakings and compensation of commissioners. Each
commissioner, before entering upon the duties of his office, shall take
the constitutional oath of office and execute to the town and file with
the town clerk an official undertaking in such sum and with such sure-
ties as the town board may direct. The town board at any time may
require any such commissioners to file a new official undertaking for
such sum and with such sureties as the board shall approve. [Such]
NOTWITHSTANDING ANY PROVISION OF ANY GENERAL, SPECIAL OR LOCAL LAW,
ORDINANCE, RESOLUTION, RULE OR REGULATION TO THE CONTRARY, SUCH commis-
sioners [may be paid such an amount as the town board may designate, but
not to exceed the sum of one hundred dollars per day each for each day
actually and necessarily spent in the service of the district. Such
S. 56--A 181 A. 156--A
compensation shall be deemed an expense of maintaining the district]
SHALL NOT RECEIVE ANY COMPENSATION OF ANY KIND, INCLUDING BUT NOT LIMIT-
ED TO WAGES, SALARIES, GRATUITIES, VEHICLES ASSIGNED TO THEM, INSURANCE,
ANNUITIES OR RETIREMENT PLANS, OR ANY OTHER PERQUISITE OR FRINGE BENE-
FIT, BUT SHALL BE REIMBURSED FOR THE ACTUAL AND NECESSARY EXPENSES
INCURRED BY THEM IN THE PERFORMANCE OF THEIR DUTIES.
S 16. The town law is amended by adding a new section 198-b to read as
follows:
S 198-B. POWERS OF TOWN BOARDS WITH RESPECT TO CERTAIN SANITARY,
REFUSE AND GARBAGE DISTRICTS. 1. APPLICABILITY. THIS SECTION SHALL APPLY
TO SANITARY DISTRICTS, REFUSE AND GARBAGE DISTRICTS, OR ANY SIMILAR TOWN
IMPROVEMENT DISTRICTS THAT PROVIDE SANITARY, REFUSE, OR GARBAGE
SERVICES.
2. POWERS OF TOWN BOARDS IN SUCH DISTRICTS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, IN SUCH DISTRICTS ALL POWERS AND
DUTIES WITH RESPECT TO THE DISTRICTS, INCLUDING THE POWERS AND DUTIES OF
IMPROVEMENT DISTRICT COMMISSIONERS AS PROVIDED FOR IN SECTION TWO
HUNDRED FIFTEEN OF THIS CHAPTER OR IN ANY OTHER GENERAL, SPECIAL, OR
LOCAL LAW, AND EXCEPTING THOSE POWERS PROVIDED FOR IN SUBDIVISIONS THREE
AND FOUR OF THIS SECTION, SHALL RESIDE WITH THE BOARD OF THE TOWN IN
WHICH SUCH DISTRICT IS LOCATED.
3. POWERS OF DISTRICT COMMISSIONERS IN SUCH DISTRICTS. IN SUCH
DISTRICTS THAT HAVE DISTRICT COMMISSIONERS, THE COMMISSIONERS SHALL
RETAIN THE POWER AND DUTIES TO:
(A) ELECT OFFICERS OF THE BOARD AS CURRENTLY PROVIDED FOR IN SUBDIVI-
SION ONE OF SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER;
(B) GIVE NOTICE OF ANNUAL ELECTION AS CURRENTLY PROVIDED FOR IN SUBDI-
VISION THREE OF SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER; AND
(C) PROVIDE FOR A NOMINATING PROCESS AND THE FILLING OF VACANCIES AS
CURRENTLY PROVIDED FOR IN SUBDIVISIONS TWENTY AND TWENTY-ONE OF SECTION
TWO HUNDRED FIFTEEN OF THIS CHAPTER.
4. LEVEL OF SERVICE. IN SUCH DISTRICTS THAT HAVE DISTRICT COMMISSION-
ERS, THE COMMISSIONERS MAY ALSO HOLD A REFERENDUM ON WHETHER THE LEVEL
OF SERVICE PROVIDED BY THE TOWN SHALL BE INCREASED OR DECREASED. PRIOR
TO THE REFERENDUM, THE TOWN SHALL PROVIDE COST ESTIMATES FOR SUCH
INCREASE OR SUCH DECREASE IN SERVICES THAT ARE TO BE CONSIDERED IN SUCH
REFERENDUM.
5. TRANSFER OF FUNCTION. EMPLOYEES OF THE DISTRICT WHO ARE TRANSFERRED
TO THE TOWN SHALL BE TRANSFERRED PURSUANT TO THE CIVIL SERVICE LAW.
S 17. The opening paragraph of section 215 of the town law is amended
to read as follows:
Subject to law and the provisions of this chapter, the commissioners
of every improvement district shall constitute and be known as the board
of commissioners of such improvement district. Such board of commission-
ers, EXCEPT WHEN RESTRICTED BY SECTION ONE HUNDRED NINETY-EIGHT-B OF
THIS CHAPTER:
S 18. The general municipal law is amended by adding a new article
17-A to read as follows:
ARTICLE 17-A
MUNICIPAL MERGERS LAW
SECTION 750. SHORT TITLE.
751. LEGISLATIVE INTENT.
752. DEFINITIONS.
753. MERGER PROCESS UPON PETITION OR RESOLUTION.
754. PETITION TO START THE MERGER PROCESS.
755. MERGER COMMITTEE.
S. 56--A 182 A. 156--A
756. PRELIMINARY MERGER PLAN CONTENTS.
757. MERGER PROPOSITION AND REFERENDUM.
758. FINAL MERGER PLAN CONTENTS.
759. EFFECT OF MERGER.
760. ELECTIONS FOR OFFICERS OF THE NEW MUNICIPALITY.
761. EFFECT ON COUNTY BOUNDARIES.
762. EFFECT ON NON-PARTICIPATING VILLAGES AND DISTRICTS.
763. ENVIRONMENTAL REVIEW NOT REQUIRED.
764. SEVERABILITY CLAUSE.
765. SAVINGS CLAUSE.
S 750. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "MUNICIPAL MERGERS LAW".
S 751. LEGISLATIVE INTENT. IT IS THE INTENTION OF THE LEGISLATURE BY
THE ENACTMENT OF THIS ARTICLE TO PROVIDE MUNICIPALITIES AND CITIZENS
WITH A SIMPLIFIED AND UNIFIED PROCESS BY WHICH TWO OR MORE MUNICI-
PALITIES MAY BECOME ONE. THE CREATION AND EVOLUTION OF MUNICIPALITIES IN
THIS STATE HAVE CONSTITUTED A VITAL PART OF ITS POLITICAL AND SOCIAL
HISTORICAL DEVELOPMENT. MUNICIPALITIES HAVE PROVIDED A STRONG BASIS FOR
LOCAL PRIDE AND IDENTIFICATION, YET FISCAL AND OTHER NEEDS MAY CALL FOR
A MERGER OF THEIR CORPORATE STRUCTURES. THIS LAW ALLOWS FOR CITIZENS AND
MUNICIPALITIES TO RESTRUCTURE THEIR GOVERNMENTS WHILE MAINTAINING LOCAL
CHOICE AND CONTROL OVER THE FINAL DECISION TO MERGE.
S 752. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS OTHERWISE EXPRESS-
LY STATED OR UNLESS THE CONTEXT REQUIRES OTHERWISE, THE FOLLOWING TERMS
SHALL MEAN:
1. ADJOINING. MUNICIPALITIES ARE ADJOINING: IF THEY HAVE A COMMON
BOUNDARY LINE, NO MATTER HOW SMALL; IF THEIR COMMON BOUNDARY LINE LIES
ALONG OR WITHIN A PUBLIC HIGHWAY OR A BODY OF WATER; OR IF ONE MUNICI-
PALITY IS WHOLLY INCLUDED WITHIN THE BOUNDARIES OF ANOTHER MUNICIPALITY.
MORE THAN TWO MUNICIPALITIES ARE ADJOINING IF EACH OF THEM HAS A COMMON
BOUNDARY LINE WITH ANY OF THE OTHERS.
2. FINAL MERGER PLAN. THE DETAILED MERGER PLAN DEVELOPED BY A MERGER
COMMITTEE FOLLOWING A REFERENDUM THAT REQUIRES THE MERGER OF A MUNICI-
PALITY.
3. FORMER MUNICIPALITY. A PARTICIPATING MUNICIPALITY THAT WAS MERGED
INTO THE NEW MUNICIPALITY THROUGH THIS PROCESS.
4. GENERAL ELECTION. THE GENERAL ELECTION HELD ANNUALLY ON THE TUESDAY
FOLLOWING THE FIRST MONDAY IN NOVEMBER; OR A GENERAL VILLAGE ELECTION AS
DEFINED IN ARTICLE ONE OF THE ELECTION LAW; OR ANY OTHER ANNUAL OR BIEN-
NIAL GENERAL ELECTION WHERE FEDERAL, STATE, COUNTY, OR MUNICIPAL OFFI-
CERS ARE ELECTED.
5. GOVERNING BOARD. THE LEGISLATIVE BODY OF A MUNICIPALITY.
6. HAMLET. A GEOGRAPHIC DESIGNATION WITHIN THE NEW MUNICIPALITY THAT
MAY IDENTIFY A PARTICIPATING MUNICIPALITY'S FORMER BOUNDARIES FOR THE
PURPOSE OF LOCAL PLACE NAME IDENTIFICATION.
7. MERGER. THE CREATION OF A NEW TOWN BY CONSOLIDATING TWO OR MORE
TOWNS WITHIN THE SAME COUNTY. THE CREATION OF A NEW VILLAGE BY CONSOL-
IDATING TWO OR MORE VILLAGES. THE DISSOLUTION OF A VILLAGE INTO ONE OR
MORE TOWNS, AND IN SUCH CASE, ALL TERMS WRITTEN OR DESCRIBED IN THE
PLURAL, INCLUDING BUT NOT LIMITED TO JOINTLY, SHALL BE READ IN THE
SINGULAR.
8. MERGER COMMITTEE. THE COMMITTEE JOINTLY APPOINTED BY GOVERNING
BOARDS OF PARTICIPATING MUNICIPALITIES TO DEVELOP THE RECOMMENDED MERGER
PLAN OR PLANS.
9. MUNICIPALITY. A TOWN OR VILLAGE.
S. 56--A 183 A. 156--A
10. NEW MUNICIPALITY. THE MUNICIPALITY THAT IS CREATED BY THE MERGER
OF PARTICIPATING MUNICIPALITIES BY THIS PROCESS. IN THE CASE OF VILLAGE
DISSOLUTION, THE "NEW MUNICIPALITY" IS THE TOWN OR TOWNS IN WHICH THE
VILLAGE DISSOLVES.
11. PARTICIPATING MUNICIPALITY. A TOWN OR VILLAGE THAT HAS STARTED THE
MERGER PROCESS. IN THE CASE OF A VILLAGE DISSOLUTION, THE VILLAGE IS THE
ONLY "PARTICIPATING MUNICIPALITY".
12. PRELIMINARY MERGER PLAN. THE PLAN FOR MERGER OF THE PARTICIPATING
MUNICIPALITIES DEVELOPED BY THE MERGER COMMITTEE PRIOR TO THE MERGER
REFERENDUM.
13. QUALIFIED ELECTOR. A PERSON WHO IS REGISTERED TO VOTE IN ACCORD-
ANCE WITH THE PROVISIONS OF THE ELECTION LAW.
14. VILLAGE DISSOLUTION. A MERGER THAT CONSISTS OF THE DISSOLUTION OF
A VILLAGE INTO ONE OR MORE TOWNS.
S 753. MERGER PROCESS UPON PETITION OR RESOLUTION. 1. INITIATION OF
MERGER PROCESS. THE MERGER PROCESS SHALL START IN TWO OR MORE ADJOINING
MUNICIPALITIES, OR, IN THE CASE OF A VILLAGE DISSOLUTION, JUST A
VILLAGE, IF ONE OF THE FOLLOWING ACTIONS OCCURS IN EACH MUNICIPALITY:
(A) THE GOVERNING BOARD PASSES A RESOLUTION TO START THE MERGER PROC-
ESS; OR
(B) A PETITION FROM RESIDENTS TO START THE MERGER PROCESS IS FILED
WITH THE MUNICIPAL CLERK.
2. APPOINT MERGER COMMITTEE. WITHIN THIRTY DAYS FROM THE DATE THE LAST
PARTICIPATING MUNICIPALITY STARTED THE MERGER PROCESS, THE GOVERNING
BOARDS OF THE PARTICIPATING MUNICIPALITIES SHALL JOINTLY APPOINT A MERG-
ER COMMITTEE.
3. DEVELOP PRELIMINARY MERGER PLAN. THE MERGER COMMITTEE SHALL DEVELOP
AND SUBMIT A PRELIMINARY MERGER PLAN TO THE GOVERNING BOARDS OF THE
PARTICIPATING MUNICIPALITIES NO LATER THAN ONE YEAR FROM THE DATE THE
LAST PARTICIPATING MUNICIPALITY STARTED THE MERGER PROCESS. THIS DEAD-
LINE MAY BE EXTENDED UP TO ONE ADDITIONAL YEAR UPON RESOLUTION OF THE
GOVERNING BOARD OF EACH PARTICIPATING MUNICIPALITY.
4. PUBLIC HEARING BY MERGER COMMITTEE ON PRELIMINARY PLAN. THE COMMIT-
TEE SHALL HOLD AT LEAST ONE PUBLIC HEARING BEFORE SUBMITTING ITS PRELIM-
INARY MERGER PLAN TO THE GOVERNING BOARDS OF THE PARTICIPATING MUNICI-
PALITIES. NOTICE OF THE HEARING SHALL BE GIVEN AT LEAST TEN BUT NO MORE
THAN TWENTY DAYS BEFORE THE HEARING IS HELD. NOTICE OF THE HEARING SHALL
BE PUBLISHED IN THE OFFICIAL NEWSPAPER OF EACH PARTICIPATING MUNICI-
PALITY OR, IF THERE IS NO OFFICIAL NEWSPAPER, A NEWSPAPER HAVING GENERAL
CIRCULATION IN THE PARTICIPATING MUNICIPALITY. NOTICE OF THE PUBLIC
HEARING SHALL ALSO BE POSTED ON THE WEBSITE OF EACH PARTICIPATING MUNI-
CIPALITY AT LEAST TEN DAYS BEFORE THE HEARING IS HELD, AS FAR AS PRACTI-
CABLE.
5. SUBMISSION TO GOVERNING BOARDS. THE MERGER COMMITTEE SHALL PRESENT
ITS PRELIMINARY MERGER PLAN TO THE GOVERNING BOARDS OF THE PARTICIPATING
MUNICIPALITIES.
6. JOINT HEARING OF THE GOVERNING BOARDS. WITHIN SIXTY DAYS OF
SUBMISSION OF THE PRELIMINARY MERGER PLAN TO THE GOVERNING BOARDS OF THE
PARTICIPATING MUNICIPALITIES, THE GOVERNING BOARDS MUST HOLD A JOINT
HEARING ON THE PRELIMINARY MERGER PLAN. NOTICE OF THE HEARING SHALL BE
GIVEN AT LEAST TEN BUT NO MORE THAN TWENTY DAYS BEFORE THE HEARING IS
HELD. NOTICE OF THE HEARING SHALL BE PUBLISHED IN THE OFFICIAL NEWSPAPER
OF EACH PARTICIPATING MUNICIPALITY OR, IF THERE IS NO OFFICIAL NEWSPA-
PER, A NEWSPAPER HAVING GENERAL CIRCULATION IN THE PARTICIPATING MUNICI-
PALITIES. NOTICE OF THE PUBLIC HEARING SHALL ALSO BE POSTED ON THE
WEBSITE OF EACH PARTICIPATING MUNICIPALITY AT LEAST TEN DAYS BEFORE THE
S. 56--A 184 A. 156--A
HEARING IS HELD, AS FAR AS PRACTICABLE. THE HEARING SHALL BE CLOSED UPON
MOTION OF THE JOINT BOARD WITHIN SIXTY-TWO DAYS AFTER IT HAS BEEN
OPENED.
7. CHANGES TO PRELIMINARY PLAN. THE GOVERNING BOARDS MAY JOINTLY MAKE
CHANGES TO THE PRELIMINARY MERGER PLAN UP TO FORTY-FIVE DAYS BEFORE THE
REFERENDUM ON THE MERGER PROPOSITION IS TO BE HELD. THE CHANGES MAY NOT
ALTER THE PRELIMINARY MERGER PLAN IN A MANNER THAT UNDERMINES THE FEASI-
BILITY OF THE MERGER. IF THE GOVERNING BOARDS OF THE PARTICIPATING
MUNICIPALITIES CANNOT JOINTLY AGREE TO A CHANGE TO THE PRELIMINARY MERG-
ER PLAN OR CHOOSE NOT TO MAKE CHANGES, THE PRELIMINARY MERGER PLAN
SUBMITTED BY THE MERGER COMMITTEE SHALL BE THE PLAN PRESENTED WITH THE
MERGER PROPOSITION.
8. MERGER PROPOSITION. THE PARTICIPATING MUNICIPALITIES SHALL SUBMIT
THE QUESTION OF WHETHER TO MERGE TO THE VOTERS PURSUANT TO SECTION SEVEN
HUNDRED FIFTY-SEVEN OF THIS ARTICLE.
9. FILING OF RESULTS. A CERTIFICATE OF THE ELECTION SHALL BE FILED
WITH THE SECRETARY OF STATE, WITH THE CLERKS OF EACH PARTICIPATING MUNI-
CIPALITY, AND WITH THE CLERKS OF EACH COUNTY IN WHICH ANY PART OF THE
PARTICIPATING MUNICIPALITIES ARE SITUATED.
10. DEVELOPMENT OF FINAL MERGER PLAN. IF THE MAJORITY OF VOTES CAST ON
THE MERGER OR VILLAGE DISSOLUTION REFERENDUM IN EACH OF THE PARTICIPAT-
ING MUNICIPALITIES ARE IN THE AFFIRMATIVE, THE MERGER COMMITTEE SHALL,
WITHIN THIRTY DAYS OF THE DATE OF THE REFERENDUM, BEGIN WORK ON THE
FINAL MERGER PLAN BASED ON THE PRELIMINARY MERGER PLAN APPROVED BY
REFERENDUM.
11. PUBLIC HEARING BY MERGER COMMITTEE ON FINAL MERGER PLAN. THE MERG-
ER COMMITTEE SHALL HOLD AT LEAST ONE PUBLIC HEARING BEFORE PRESENTING
ITS FINAL MERGER PLAN TO THE GOVERNING BOARDS OF THE PARTICIPATING MUNI-
CIPALITIES. NOTICE OF THE HEARING SHALL BE GIVEN AT LEAST TEN BUT NO
MORE THAN TWENTY DAYS BEFORE THE HEARING IS HELD. NOTICE OF THE HEARING
SHALL BE PUBLISHED IN THE OFFICIAL NEWSPAPER OF EACH PARTICIPATING MUNI-
CIPALITY OR, IF THERE IS NO OFFICIAL NEWSPAPER, A NEWSPAPER HAVING
GENERAL CIRCULATION IN THE PARTICIPATING MUNICIPALITIES.
12. SUBMISSION OF FINAL MERGER PLAN TO GOVERNING BOARDS. THE FINAL
MERGER PLAN AND ANY OTHER RECOMMENDATIONS SHALL BE SUBMITTED TO THE
BOARDS OF THE PARTICIPATING MUNICIPALITIES NO LATER THAN SIX MONTHS FROM
THE DATE OF THE REFERENDUM ON THE PROPOSITION.
13. JOINT PUBLIC HEARING ON FINAL MERGER PLAN BY GOVERNING BOARDS.
WITHIN SIXTY DAYS OF SUBMISSION OF THE FINAL MERGER PLAN TO THE GOVERN-
ING BOARDS OF THE PARTICIPATING MUNICIPALITIES, THE GOVERNING BOARDS
MUST HOLD A JOINT HEARING ON THE FINAL MERGER PLAN. NOTICE OF THE HEAR-
ING SHALL BE GIVEN AT LEAST TEN BUT NO MORE THAN TWENTY DAYS BEFORE THE
HEARING IS HELD. NOTICE OF THE HEARING SHALL BE PUBLISHED IN THE OFFI-
CIAL NEWSPAPER OF EACH PARTICIPATING MUNICIPALITY OR, IF THERE IS NO
OFFICIAL NEWSPAPER, A NEWSPAPER HAVING GENERAL CIRCULATION IN THE
PARTICIPATING MUNICIPALITIES. NOTICE OF THE PUBLIC HEARING SHALL ALSO BE
POSTED ON THE WEBSITE OF EACH PARTICIPATING MUNICIPALITY AT LEAST TEN
DAYS BEFORE THE HEARING IS HELD, AS FAR AS PRACTICABLE. THE HEARING
SHALL BE CLOSED UPON MOTION OF THE JOINT BOARD WITHIN SIXTY-TWO DAYS
AFTER IT HAS BEEN OPENED.
14. VOTE ON FINAL MERGER PLAN. SUCH PLAN WILL BE CONSIDERED ADOPTED IF
(A) A MAJORITY VOTE OF THOSE GOVERNING BOARD MEMBERS PRESENT AT A JOINT
BOARD MEETING VOTE TO APPROVE A PLAN WHICH IS IN SUBSTANTIAL AGREEMENT
WITH THE PLAN PRESENTED AT THE JOINT PUBLIC HEARING; OR (B) IF THIRTY
DAYS HAVE PASSED SINCE THE CLOSE OF THE PUBLIC HEARING, SUCH PERIOD
S. 56--A 185 A. 156--A
WHICH MAY BE EXTENDED AN ADDITIONAL THIRTY DAYS BY A MAJORITY VOTE OF
THE BOARDS MEETING JOINTLY.
15. NOTIFICATION AND SUBMISSION OF THE FINAL MERGER PLAN. AT LEAST ONE
HUNDRED TWENTY DAYS PRIOR TO THE EFFECTIVE DATE OF A MERGER, THE PARTIC-
IPATING MUNICIPALITIES SHALL NOTIFY THE STATE DIVISION OF THE BUDGET,
THE OFFICE OF THE STATE COMPTROLLER, THE OFFICE OF REAL PROPERTY
SERVICES, THE STATE DEPARTMENT OF CIVIL SERVICE, AND THE STATE DEPART-
MENT OF STATE OF THE SCHEDULED MERGER, AND SHALL SUBMIT TO SUCH AGENCIES
THE PLAN OF MERGER AND ANY OTHER BINDING AGREEMENTS OR RESOLUTIONS AS
SUCH AGENCIES MAY REQUIRE.
16. WAITING PERIOD. IF THE MAJORITY OF VOTES CAST ON THE MERGER OR
VILLAGE DISSOLUTION REFERENDUM ARE IN THE NEGATIVE IN ANY OF THE PARTIC-
IPATING MUNICIPALITIES, THE REFERENDUM SHALL FAIL AND THE MERGER PROCESS
MAY NOT BE INITIATED FOR THE SAME PURPOSE WITHIN TWO YEARS OF THE DATE
OF SUCH REFERENDUM.
S 754. PETITION TO START THE MERGER PROCESS. 1. ELIGIBLE SIGNATURES.
TO START THE MERGER PROCESS, A PETITION MUST HAVE SIGNATURES FROM RESI-
DENTS OF THE JURISDICTION TO BE MERGED, EQUAL TO AT LEAST TEN PERCENT OF
THE RESIDENT ELECTORS QUALIFIED TO VOTE IN THE LAST GENERAL ELECTION.
THOSE SIGNING THE PETITION MUST BE QUALIFIED TO VOTE AT THE TIME OF THE
FILING OF THE PETITION WITH THE MUNICIPAL CLERK.
2. TIME LIMIT. A SIGNATURE SHALL BE INVALID IF IT IS SIGNED UPON THE
PETITION MORE THAN ONE HUNDRED EIGHTY DAYS BEFORE THE PETITION IS FILED
WITH THE MUNICIPAL CLERK, UNLESS THE GOVERNING BOARD PASSES A RESOLUTION
TO GIVE ADDITIONAL TIME TO COLLECT SIGNATURES.
3. FORM. THE PETITION SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
PETITION
WE, THE UNDERSIGNED, ELECTORS OF THE (INSERT TYPE OF MUNICIPALITY - TOWN
OR VILLAGE) OF (INSERT NAME OF MUNICIPALITY)
, NEW YORK, QUALIFIED TO VOTE AT THE NEXT GENERAL OR SPECIAL ELECTION,
DO HEREBY PETITION THAT THERE BE SUBMITTED TO THE VOTERS OF (INSERT NAME
OF MUNICIPALITY) , PURSUANT TO LAW, A PROPOSITION AS FOLLOWS:
(INSERT PROPOSITION SOUGHT TO BE SUBMITTED) THE UNDERSIGNED QUALIFIED
ELECTORS HEREBY REQUEST THAT A REFERENDUM VOTE UPON THE ABOVE PROPOSI-
TION BE TAKEN AS PROVIDED BY LAW. IN WITNESS WHEREOF, WE HAVE SIGNED
OUR NAMES ON THE DATES INDICATED NEXT TO OUR SIGNATURES.
DATE NAME - PRINT NAME UNDER SIGNATURE HOME ADDRESS
1. ______ __________________________________ ____________________________
2. ______ __________________________________ ____________________________
3. ______ __________________________________ ____________________________
(ON THE BOTTOM OF EACH PAGE, AFTER ALL THE NUMBERED SIGNATURES, INSERT A
WITNESS STATEMENT OR A STATEMENT BY A NOTARY PUBLIC OR COMMISSIONER OF
DEEDS, IN SUBSTANTIALLY THE FOLLOWING FORM:)
I, (NAME OF WITNESS), STATE THAT I AM A REGISTERED VOTER OF THE STATE OF
NEW YORK. I AM A RESIDENT OF THE (TOWN OR VILLAGE) OF (NAME OF TOWN OR
VILLAGE). THE PERSONS THAT HAVE SIGNED THIS PETITION SHEET CONTAINING
(FILL IN NUMBER) SIGNATURES, HAVE SIGNED THEIR NAMES IN MY PRESENCE ON
THE DATES INDICATED ABOVE AND IDENTIFIED THEMSELVES TO BE THE SAME
PERSONS WHO SIGNED THE SHEET. I UNDERSTAND THAT THIS STATEMENT WILL BE
ACCEPTED FOR ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT, AND IF IT
CONTAINS A MATERIALLY FALSE STATEMENT, SHALL SUBJECT ME TO THE PENALTIES
OF PERJURY.
___________ _______________________________________
DATE SIGNATURE OF WITNESS
(IN LIEU OF THE SIGNED STATEMENT OF A WITNESS WHO IS A DULY QUALIFIED
VOTER OF THE STATE, QUALIFIED TO SIGN THE PETITION AS A RESIDENT OF THE
S. 56--A 186 A. 156--A
TOWN OR VILLAGE, THE FOLLOWING STATEMENT SIGNED BY A NOTARY PUBLIC OR A
COMMISSIONER OF DEEDS SHALL BE ACCEPTED.) ON THE DATE ABOVE INDICATED
BEFORE ME PERSONALLY CAME EACH OF THE VOTERS WHOSE SIGNATURES APPEAR ON
THIS PETITION SHEET CONTAINING (FILL IN NUMBER) SIGNATURES, WHO SIGNED
SAME IN MY PRESENCE AND WHO, BEING BY ME DULY SWORN, EACH FOR HIMSELF OR
HERSELF, SAID THAT THE FOREGOING STATEMENT MADE AND SUBSCRIBED BY HIM OR
HER, WAS TRUE.
___________ _______________________________________
DATE NOTARY PUBLIC OR COMMISSIONER OF DEEDS
4. LIBERAL CONSTRUCTION. IN MATTERS OF FORM, THIS SECTION SHALL BE
GIVEN A LIBERAL CONSTRUCTION, AND PRECISE COMPLIANCE IS NOT REQUIRED.
S 755. MERGER COMMITTEE. 1. PURPOSE. THE MERGER COMMITTEE SHALL
DEVELOP PLANS FOR THE MERGER OF THE PARTICIPATING MUNICIPALITIES, AS
WELL AS MAKE ANY OTHER NECESSARY OR DESIRABLE RECOMMENDATIONS.
2. MEMBERSHIP. THE COMMITTEE SHALL INCLUDE:
(A) AT LEAST ONE, BUT NO MORE THAN TWO, GOVERNMENT OFFICIALS OR
EMPLOYEES FROM EACH PARTICIPATING MUNICIPALITY;
(B) IN THE CASE OF A VILLAGE DISSOLUTION, AT LEAST ONE, BUT NO MORE
THAN TWO, GOVERNMENT OFFICIALS OR EMPLOYEES FROM EACH TOWN THE VILLAGE
IS LOCATED IN; AND
(C) IF THE MERGER PROCESS WAS STARTED BY A PETITION IN A PARTICIPATING
MUNICIPALITY, AT LEAST ONE RESIDENT ELECTOR WHO SIGNED THE PETITION.
3. SUBCOMMITTEES. THE COMMITTEE SHALL ORGANIZE AND FORM SUBCOMMITTEES
AS NECESSARY.
4. OPEN MEETINGS LAW. THE COMMITTEE SHALL COMPLY WITH THE PROVISIONS
OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
5. ACCESS TO RECORDS. THE COMMITTEE SHALL HAVE ACCESS TO ANY MUNICIPAL
RECORDS AND OFFICIALS NECESSARY TO COMPLETE ITS WORK.
6. ASSISTANCE FROM STATE AGENCIES. ALL RELEVANT STATE AGENCIES,
INCLUDING BUT NOT LIMITED TO THE STATE DIVISION OF THE BUDGET, THE
OFFICE OF THE STATE COMPTROLLER, THE OFFICE OF REAL PROPERTY SERVICES,
THE STATE DEPARTMENT OF CIVIL SERVICE, AND THE DEPARTMENT OF STATE,
SHALL PROVIDE ANY INFORMATION OR TECHNICAL SUPPORT TO THE MERGER COMMIT-
TEE TO THE EXTENT AVAILABLE WITHIN THE AGENCY AND NOT PROHIBITED BY ANY
PROVISION OF LAW PROVIDING FOR THE CONFIDENTIALITY OF SUCH INFORMATION.
S 756. PRELIMINARY MERGER PLAN CONTENTS. 1. THE PRELIMINARY MERGER
PLAN SHALL INCLUDE THE FOLLOWING INFORMATION:
A. THE NAME OF EACH PARTICIPATING MUNICIPALITY TO BE MERGED AND THE
NAME OF THE NEW MUNICIPALITY OR, IN THE CASE OF A VILLAGE DISSOLUTION,
JUST THE NAME OF THE VILLAGE TO BE DISSOLVED;
B. THE CLASS OF GOVERNMENT OF THE NEW MUNICIPALITY AND THE DETAILS OF
THE GOVERNMENTAL STRUCTURE TO BE IMPLEMENTED FOR THE NEW MUNICIPALITY;
C. A GENERAL PLAN FOR THE DISPOSITION OF PROPERTY AND ASSETS OF THE
PARTICIPATING MUNICIPALITIES;
D. A GENERAL PLAN FOR THE PAYMENT OF OUTSTANDING OBLIGATIONS AND THE
LEVY AND COLLECTION OF THE NECESSARY TAXES AND ASSESSMENTS FOR THESE
OBLIGATIONS;
E. A GENERAL PLAN FOR THE SEPARATION FROM OR CONTINUED EMPLOYMENT OF
APPOINTED OFFICERS AND EMPLOYEES OF THE PARTICIPATING MUNICIPALITIES;
F. A GENERAL PLAN FOR APPORTIONING RESPONSIBILITY AND COSTS IN THE
EVENT OF AN UNEXPECTED LIABILITY INCURRED BEFORE THE MERGER;
G. THE NAMES AND GEOGRAPHIC AREAS DESIGNATED AS HAMLETS OF THE NEW
MUNICIPALITY, IF ANY; AND
H. THE EFFECTIVE DATE OF THE MERGER, WHICH SHALL TAKE EFFECT, UNLESS
THE PRELIMINARY MERGER PLAN PROVIDES OTHERWISE, AT THE EXPIRATION OF THE
S. 56--A 187 A. 156--A
THIRTY-FIRST DAY OF DECEMBER IN THE ODD NUMBERED YEAR FOLLOWING THE YEAR
THE MERGER PROPOSITION IS APPROVED BY A MAJORITY OF QUALIFIED ELECTORS.
2. IN ADDITION TO COMPLYING WITH THE PUBLIC OFFICERS LAW, THE GOVERN-
ING BOARDS OF THE PARTICIPATING MUNICIPALITIES SHALL MAKE THE PRELIMI-
NARY MERGER PLAN AND ANY OTHER RECOMMENDATIONS OF THE MERGER COMMITTEE
AVAILABLE FOR PUBLIC REVIEW AT THE OFFICES OF THE MUNICIPAL CLERK IN
EACH PARTICIPATING MUNICIPALITY, AT OTHER READILY ACCESSIBLE PUBLIC
PLACES, SUCH AS LIBRARIES, WITHIN THE TERRITORY OF PARTICIPATING MUNICI-
PALITIES, AND, IF PRACTICABLE, ON A PUBLICLY AVAILABLE WEB SITE.
S 757. MERGER PROPOSITION AND REFERENDUM. WHERE A MERGER PROCESS IS
INITIATED BY PETITION OR RESOLUTION, THE FOLLOWING PROVISIONS SHALL
APPLY.
1. DATE OF REFERENDUM ON THE MERGER PROPOSITION. A. A REFERENDUM ON
THE MERGER PROPOSITION SHALL BE SUBMITTED TO A VOTE OF THE QUALIFIED
ELECTORS OF EACH PARTICIPATING MUNICIPALITY AT THE NEXT GENERAL ELECTION
AS DEFINED IN THIS ARTICLE, HELD NO LESS THAN SIXTY DAYS FOLLOWING THE
CLOSE OF THE JOINT PUBLIC HEARING HELD BY THE GOVERNING BOARDS OF THE
PARTICIPATING MUNICIPALITIES ON THE PRELIMINARY MERGER PLAN.
B. NOTWITHSTANDING PARAGRAPH A OF THIS SUBDIVISION, A REFERENDUM ON
THE MERGER PROPOSITION MAY BE HELD AT A SPECIAL ELECTION IF AT LEAST ONE
OF THE FOLLOWING OCCURS:
(I) ALL THE GOVERNING BOARDS OF PARTICIPATING MUNICIPALITIES PASS
RESOLUTIONS TO SUBMIT THE REFERENDUM ON THE MERGER PROPOSITION AT A
SPECIAL ELECTION TO BE HELD ON THE SAME DAY IN ALL THE PARTICIPATING
MUNICIPALITIES, SUCH DAY BEING NO LESS THAN SIXTY AND NO MORE THAN ONE
HUNDRED TWENTY DAYS FOLLOWING THE CLOSE OF THE JOINT PUBLIC HEARING HELD
BY THE GOVERNING BOARDS ON THE PRELIMINARY MERGER PLAN; OR
(II) IF THE PETITION TO START THE MERGER PROCESS REQUESTS THAT THE
REFERENDUM ON THE MERGER PROPOSITION BE HELD AT A SPECIAL ELECTION. IN
SUCH CASE, THE LEGISLATIVE BODIES OF THE PARTICIPATING MUNICIPALITIES
SHALL SET THE DATE OF THE SPECIAL ELECTION TO BE HELD ON THE SAME DAY IN
ALL THE PARTICIPATING MUNICIPALITIES, SUCH DAY BEING NO LESS THAN SIXTY
AND NO MORE THAN ONE HUNDRED TWENTY DAYS FOLLOWING THE CLOSE OF THE
JOINT PUBLIC HEARING HELD BY THE GOVERNING BOARDS ON THE PRELIMINARY
MERGER PLAN. IF WITHIN THIRTY DAYS OF THE CLOSE OF SUCH PUBLIC HEARING
ANY OF THE LEGISLATIVE BODIES FAILS TO ACT TO SET THE DATE OF THE
SPECIAL ELECTION, THE DATE OF THE SPECIAL ELECTION SHALL BE NINETY DAYS
FOLLOWING THE CLOSE OF SUCH PUBLIC HEARING, UNLESS SUCH DAY IS A SATUR-
DAY OR SUNDAY IN WHICH CASE THE DATE OF THE SPECIAL ELECTION SHALL BE
THE TUESDAY FOLLOWING SUCH SATURDAY OR SUNDAY.
2. NOTICE OF REFERENDUM. A NOTICE OF THE REFERENDUM SHALL BE PUBLISHED
BY THE GOVERNING BOARDS OF EACH PARTICIPATING MUNICIPALITY IN THE OFFI-
CIAL NEWSPAPER OF EACH PARTICIPATING MUNICIPALITY OR, IF THERE IS NO
OFFICIAL NEWSPAPER, A NEWSPAPER HAVING GENERAL CIRCULATION IN THE
PARTICIPATING MUNICIPALITIES, AT LEAST TEN BUT NO MORE THAN TWENTY DAYS
PRIOR TO THE DATE THE ELECTION IS TO BE HELD. SUCH NOTICE SHALL CONTAIN
THE FOLLOWING:
A. THE TIME AND PLACE OR PLACES AT WHICH THE REFERENDUM WILL BE HELD;
B. THE CONTENT OF THE PROPOSITION;
C. AN ABSTRACT OF THE PRELIMINARY MERGER PLAN PREPARED JOINTLY BY THE
GOVERNING BOARDS OF THE PARTICIPATING MUNICIPALITIES; AND
D. INFORMATION REGARDING WHERE MORE DETAILED DOCUMENTS RELATING TO THE
MERGER MAY BE VIEWED.
3. AVAILABILITY OF DOCUMENTS. AT LEAST THIRTY DAYS BEFORE THE MERGER
PROPOSITION IS TO BE SUBMITTED TO A VOTE OF THE QUALIFIED ELECTORS AND
UP TO THE DATE OF THE GENERAL ELECTION, THE GOVERNING BOARDS OF THE
S. 56--A 188 A. 156--A
PARTICIPATING MUNICIPALITIES, IN ADDITION TO COMPLYING WITH ARTICLE SIX
OF THE PUBLIC OFFICERS LAW, SHALL MAKE THE PRELIMINARY MERGER PLAN AND
THE ABSTRACT THEREOF AVAILABLE FOR PUBLIC REVIEW AT THE OFFICES OF THE
MUNICIPAL CLERK IN EACH PARTICIPATING MUNICIPALITY, AT OTHER READILY
ACCESSIBLE PUBLIC PLACES, SUCH AS LIBRARIES, WITHIN THE TERRITORY OF
PARTICIPATING MUNICIPALITIES, AND, IF PRACTICABLE, ON A PUBLICLY AVAIL-
ABLE WEB SITE.
4. CONTENT OF PROPOSITION. THE PROPOSITION TO BE VOTED UPON SHALL
STATE: "SHALL THE (NAMES OF THE PARTICIPATING MUNICIPALITIES)
BE MERGED TO BECOME THE (NAME OF THE NEW MUNICIPALITY)
PURSUANT TO THE PRELIMINARY PLAN OF MERGER?" OR IN THE CASE OF A VILLAGE
DISSOLUTION: "SHALL THE (NAME OF THE VILLAGE TO BE DISSOLVED)
BE DISSOLVED PURSUANT TO THE PRELIMINARY PLAN OF MERGER?".
S 758. FINAL MERGER PLAN CONTENTS. THE FINAL MERGER PLAN SHALL
INCLUDE:
1. A DETAILED PLAN FOR THE SEPARATION FROM OR CONTINUED EMPLOYMENT OF
APPOINTED OFFICERS AND EMPLOYEES OF THE PARTICIPATING MUNICIPALITIES. IN
THE ABSENCE OF SUCH PLAN, THE TERMS OF APPOINTED OFFICERS SHALL EXPIRE
ON THE EFFECTIVE DATE OF THE MERGER.
2. A DETAILED PLAN FOR THE APPORTIONING RESPONSIBILITY AND COSTS IN
THE EVENT OF AN UNEXPECTED LIABILITY INCURRED BEFORE THE EFFECTIVE DATE
OF THE MERGER.
3. A PLAN FOR THE PERFORMANCE OF FUNCTIONS AND SERVICES THAT WERE
RENDERED BY THE PARTICIPATING MUNICIPALITIES PRIOR TO THE MERGER,
SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: UNLESS THE MERGER
PLAN PROVIDES OTHERWISE OR UNLESS LIMITED BY OPERATION OF LAW, THE NEW
MUNICIPALITY SHALL CONTINUE TO PERFORM AND RENDER IN THE TERRITORY OF
THE FORMER MUNICIPALITIES ALL FUNCTIONS THAT WERE PERFORMED AND SERVICES
THAT WERE RENDERED BY THE FORMER. THE COST AND EXPENSE OF PERFORMING
THESE FUNCTIONS AND RENDERING THESE SERVICES CONTINUED PURSUANT TO THIS
SECTION SHALL BE BUDGETED, LEVIED UPON, ASSESSED AGAINST AND COLLECTED
FROM THE TERRITORY OF THE FORMER MUNICIPALITIES SERVED AS IF NO MERGER
HAD TAKEN PLACE.
4. A PLAN FOR THE CONTINUANCE OR DISCONTINUANCE OF ALL LOCAL LAWS,
ORDINANCES, RULES OR REGULATIONS OF EACH PARTICIPATING MUNICIPALITY,
SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: UNLESS THE MERGER
PLAN PROVIDES OTHERWISE, ALL LOCAL LAWS, ORDINANCES, RULES OR REGU-
LATIONS OF EACH PARTICIPATING MUNICIPALITY IN EFFECT ON THE DATE OF THE
MERGER, INCLUDING BUT NOT LIMITED TO ZONING ORDINANCES OR LOCAL LAWS,
SHALL REMAIN IN EFFECT FOR A PERIOD OF FIVE YEARS FOLLOWING THE MERGER
AS IF THEY HAD BEEN ADOPTED BY THE NEW MUNICIPALITY. THESE LOCAL LAWS,
ORDINANCES, RULES OR REGULATIONS SHALL BE ENFORCED BY THE NEW MUNICI-
PALITY WITHIN THE TERRITORY OF THE FORMER MUNICIPALITIES, EXCEPT THAT
THE NEW MUNICIPALITY SHALL HAVE THE POWER AT ANY TIME TO AMEND OR REPEAL
THEM IN THE MANNER AS OTHER LOCAL LAWS, ORDINANCES, RULES OR REGULATIONS
OF THE NEW MUNICIPALITY.
5. A PLAN FOR THE DISPOSITION OF ALL OF THE REAL AND PERSONAL PROPERTY
AND OTHER ASSETS OF THE PARTICIPATING MUNICIPALITIES, SUBJECT TO THE
FOLLOWING CONDITIONS AND LIMITATIONS: UNLESS THE MERGER PLAN PROVIDES
OTHERWISE, ALL OF THE REAL AND PERSONAL PROPERTY AND OTHER ASSETS OF THE
FORMER MUNICIPALITIES SHALL BECOME THE PROPERTY OF THE NEW MUNICIPALITY.
6. NO ACTION OR CLAIM FOR OR AGAINST ANY FORMER MUNICIPALITY SHALL BE
AFFECTED BY REASON OF ITS MERGER INTO A NEW MUNICIPALITY. ALL RIGHTS,
PRIVILEGES, FRANCHISES, RIGHTS-OF-WAY, AND INTERESTS SHALL TRANSFER TO
THE NEW MUNICIPALITY, AND NO TITLE TO REAL PROPERTY VESTED IN ANY
PARTICIPATING MUNICIPALITY SHALL BE DEEMED TO REVERT OR BE IMPAIRED IN
S. 56--A 189 A. 156--A
ANY WAY BY REASON OF A MERGER PURSUANT TO THIS ARTICLE. THE RIGHTS OF
CREDITORS AND LIENS UPON PROPERTY OF PARTICIPATING MUNICIPALITIES SHALL
NOT BE IMPACTED BY THE MERGER, NOR SHALL ANY CONTRACTUAL RIGHTS OF ANY
PARTIES IN CONTRACT WITH THE PARTICIPATING MUNICIPALITIES BE IMPACTED
EXCEPT AS SET FORTH IN THIS ARTICLE. JURISDICTION OVER CRIMINAL PROSE-
CUTIONS SHALL LIE WITH THE NEW MUNICIPALITY, AND NO PENDING PROSECUTIONS
IN PARTICIPATING MUNICIPALITIES SHALL BE IN ANY WAY COMPROMISED;
7. THE NAMES AND GEOGRAPHIC AREAS DESIGNATED AS HAMLETS OF THE NEW
MUNICIPALITY, IF ANY.
8. A PLAN FOR THE PAYMENT OF OUTSTANDING OBLIGATIONS AND THE LEVY AND
COLLECTION OF THE NECESSARY TAXES AND ASSESSMENTS FOR THESE OBLIGATIONS,
SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS:
A. THE MERGER PLAN MAY ALLOCATE SOME OR ALL OF THE FORMER MUNICI-
PALITIES' DEBT AS A CHARGE UPON THE TAXABLE PROPERTY WITHIN THE LIMITS
OF THE TERRITORY OF THE FORMER MUNICIPALITY.
B. IN THE CASE OF A VILLAGE DISSOLUTION, UNLESS THE MERGER PLAN
PROVIDES OTHERWISE, THE OUTSTANDING DEBTS AND OBLIGATIONS OF THE FORMER
MUNICIPALITIES SHALL BE ASSUMED BY THE TOWN OR TOWNS AND BE A CHARGE
UPON THE TAXABLE PROPERTY WITHIN THE LIMITS OF THE DISSOLVED VILLAGE AND
COLLECTED IN THE SAME MANNER AS THE TOWN'S OR TOWNS' TAXES AND CHARGES.
C. ALL INDEBTEDNESS INCURRED ON BEHALF OF SPECIAL OR IMPROVEMENT
DISTRICTS SHALL REMAIN AS IF SUCH MUNICIPALITIES HAD NOT MERGED.
9. ANY OTHER MATTER NECESSARY OR DESIRABLE TO CARRY OUT THE PROPOSED
MERGER.
S 759. EFFECT OF MERGER. 1. EFFECTIVE DATE. UNLESS THE PRELIMINARY
MERGER PLAN PROVIDES OTHERWISE, THE MERGER SHALL TAKE EFFECT AT THE
EXPIRATION OF THE THIRTY-FIRST DAY OF DECEMBER IN THE ODD NUMBERED YEAR
FOLLOWING THE YEAR IN WHICH SUCH REFERENDUM OCCURRED. UPON THE EFFECTIVE
DATE OF THE MERGER, THE PARTICIPATING MUNICIPALITIES SHALL BE MERGED
INTO THE NEW MUNICIPALITY. THE NEW MUNICIPALITY SHALL POSSESS, IN THE
TERRITORY OF THE FORMER MUNICIPALITIES ALL OF THE POWERS THAT THE
PARTICIPATING MUNICIPALITIES POSSESSED PRIOR TO THE MERGER.
2. MUNICIPAL RECORDS. UPON MERGER, ALL RECORDS, BOOKS AND PAPERS OF
THE FORMER MUNICIPALITIES SHALL BE DEPOSITED WITH THE CLERK OF THE NEW
MUNICIPALITY AND THEY SHALL THEREUPON BECOME RECORDS OF THE NEW MUNICI-
PALITY.
3. ASSESSMENT ROLLS. AT LEAST SIXTY DAYS PRIOR TO THE EFFECTIVE DATE
OF MERGER, THE GOVERNING BOARDS OF THE PARTICIPATING MUNICIPALITIES
SHALL PRESENT THE ASSESSMENT ROLLS OF THEIR RESPECTIVE GOVERNMENTS TO
THE GOVERNING BODY OF THE COUNTY. SUCH NEW MUNICIPALITY SHALL CAUSE EACH
OF THE ASSESSMENTS THEREON TO BE TRANSFERRED AND ADDED TO THE ASSESSMENT
ROLL OF THE NEW MUNICIPALITY AND ALL OF THE ASSESSMENTS SO TRANSFERRED
SHALL UPON THE EFFECTIVE DATE OF MERGER, FOR TAX PURPOSES, BE PART OF
THE TAXABLE PROPERTY AND ASSESSMENTS OF THE NEW MUNICIPALITY.
4. ELECTOR REGISTRATIONS. ALL ELECTOR REGISTRATIONS OF PARTICIPATING
MUNICIPALITIES SHALL BE TRANSFERRED TO THE PROPER REGISTRATION BOOKS OF
THE NEW MUNICIPALITY.
5. THE NEW MUNICIPALITY SHALL BE RESPONSIBLE FOR SATISFACTION OF ANY
OUTSTANDING DEBTS AND OBLIGATIONS OF THE FORMER MUNICIPALITIES. THE NEW
MUNICIPALITY'S BOARD SHALL HAVE ALL POWERS WITH RESPECT TO SUCH DEBTS
AND OBLIGATIONS AS THE FORMER MUNICIPALITIES' BOARDS; INCLUDING THE
POWER TO ISSUE BONDS TO REDEEM BOND ANTICIPATION NOTES ISSUED BY THE
FORMER MUNICIPALITIES.
S 760. ELECTIONS FOR OFFICERS OF THE NEW MUNICIPALITY. 1. ELECTION
DATE. EXCEPT IN THE CASE OF A VILLAGE DISSOLUTION, AND UNLESS THE MERGER
PLAN PROVIDES OTHERWISE, ELECTIONS FOR OFFICERS OF THE NEW MUNICIPALITY
S. 56--A 190 A. 156--A
SHALL BE HELD ON THE TUESDAY SUCCEEDING THE FIRST MONDAY IN NOVEMBER IN
THE ODD NUMBERED YEAR FOLLOWING THE YEAR IN WHICH SUCH APPROVAL
OCCURRED. ALL OFFICERS ELECTED TO THE NEW MUNICIPALITY SHALL TAKE OFFICE
UPON THE EFFECTIVE DATE OF THE MERGER.
2. EXPIRATION OF TERMS OF OFFICE. THE TERM OF ALL ELECTED OFFICIALS OF
THE PARTICIPATING MUNICIPALITIES SHALL EXPIRE WHEN THE MERGER BECOMES
EFFECTIVE, EXCEPT FOR THE TERMS OF COUNTY OFFICIALS WHO HAVE BEEN
ELECTED BY ELECTORS OF THE ENTIRE COUNTY.
S 761. EFFECT ON COUNTY BOUNDARIES. MERGER OF MUNICIPALITIES PURSUANT
TO THIS ARTICLE SHALL NOT AFFECT ANY EXISTING COUNTY BOUNDARIES.
S 762. EFFECT ON NON-PARTICIPATING VILLAGES AND DISTRICTS. MERGER
SHALL NOT AFFECT ANY NON-PARTICIPATING VILLAGE, FIRE DISTRICT, FIRE
PROTECTION DISTRICT, OR IMPROVEMENT DISTRICT LOCATED WHOLLY OR PARTIALLY
IN A PARTICIPATING MUNICIPALITY INVOLVED IN A MERGER.
S 763. ENVIRONMENTAL REVIEW NOT REQUIRED. NO ACT OR ACTION, VOTE,
STUDY, SUBMISSION, PLANNING, FUNDING, OR APPROVAL REQUIRED UNDER THIS
ARTICLE NOR ANY ACTS OR ACTIVITIES TAKEN OR PROPOSED TO BE TAKEN BY THE
PARTICIPATING MUNICIPALITIES OR BY ANY OTHER PERSON OR ENTITY, PUBLIC OR
PRIVATE, IN CONNECTION WITH THE MERGER CONTEMPLATED IN THIS ARTICLE,
SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE EIGHT OF THE ENVIRONMENTAL
CONSERVATION LAW OR THE REGULATIONS PROMULGATED THEREUNDER (SEQRA), OR
TO ANY LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO ANY SUCH ARTICLE OR
REGULATIONS.
S 764. SEVERABILITY CLAUSE. IF ANY PART OF THIS ARTICLE SHALL BE
ADJUDGED INVALID BY ANY COURT OF COMPETENT JURISDICTION, SUCH JUDGMENT
SHALL NOT INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS
OPERATION TO THE PART DIRECTLY INVOLVED IN THE CONTROVERSY WHEREIN SUCH
JUDGMENT SHALL HAVE BEEN RENDERED.
S 765. SAVINGS CLAUSE. NOTHING CONTAINED IN THIS ARTICLE SHALL BE
CONSTRUED TO AFFECT ANY TOWN OR VILLAGE THAT IS IN THE PROCESS OF
DISSOLUTION OR CONSOLIDATION UPON THE EFFECTIVE DATE OF THIS ARTICLE.
FOR THE PURPOSES OF THIS SECTION THE PROCESS OF DISSOLUTION OR CONSOL-
IDATION SHALL BE DEEMED TO BEGIN UPON APPROVAL BY THE VOTERS OF A PLAN
FOR DISSOLUTION OR CONSOLIDATION.
S 19. Article 19 of the village law is REPEALED.
S 20. Sections 18-1806, 18-1808, 18-1810, 18-1812, 18-1814, 18-1816,
and 18-1818 of the village law are REPEALED.
S 21. Subdivisions 2 and 3 of section 9-912 of the village law, para-
graph (e) of subdivision 2 as amended by chapter 230 of the laws of
1974, are amended to read as follows:
2. The questions which may or shall be submitted as propositions upon
petition or motion of the board of trustees, as hereinbefore provided,
are:
(a) Whether or not the area of the village should be diminished.
(b) Whether or not the village should be reincorporated.
(c) [Whether or not the village should be consolidated with one or
more villages.
(d)] Whether or not the name of the village should be changed.
[(e)] (D) Whether or not the month of the general village election
should be changed.
3. [The board of trustees of any village may, and upon a petition of
the electors of the village shall, adopt a resolution submitting a
proposition for the dissolution of the village in accordance with arti-
cle nineteen of this chapter.] A PROPOSITION FOR THE DISSOLUTION OR
CONSOLIDATION OF A VILLAGE SHALL BE NOTICED AND CONDUCTED PURSUANT TO
ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL LAW.
S. 56--A 191 A. 156--A
S 22. Article 5-A of the town law is REPEALED.
S 23. Article 5-B of the town law is REPEALED.
S 24. The first undesignated paragraph of section 172 of the town law,
as amended by chapter 37 of the laws of 2000, is amended to read as
follows:
Irrespective of the manner of their original establishment, whenever
two or more fire districts adjoin, the town board of the town in which
such districts are located or, if said districts be situate in more than
one town, the town boards thereof acting jointly by a majority vote of
the members of each such town boards, upon a written petition of [resi-
dent taxpayers owning taxable real property aggregating at least one-
half of the assessed valuation of all the taxable real property of each
of the districts so adjoining owned by resident taxpayers thereof, as
such valuations appear upon the latest completed assessment roll of said
town or towns] RESIDENTS OF EACH FIRE DISTRICT WHO ARE QUALIFIED TO VOTE
AT THE TIME THE PETITION IS FILED WITH THE MUNICIPAL CLERK, EQUAL TO AT
LEAST TEN PERCENT OF THE REGISTERED VOTERS RESIDING IN EACH DISTRICT AT
THE TIME OF THE LAST GENERAL ELECTION, or upon the written petition of a
majority of the members of the board of commissioners of each fire
district proposed to be included within the consolidated district may
consolidate such fire districts and establish the same into one fire
district after a public hearing thereon. Such petition or petitions
shall be [signed, and acknowledged or proved in the same manner as a
deed to be recorded, or authenticated in the manner provided by the
election law for the authentication of nominating petitions] IN ACCORD-
ANCE WITH ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL LAW, EXCEPT THAT
ON SAID PETITION, THE NAME OF THE FIRE DISTRICT AND THE TOWN IN WHICH IT
IS LOCATED SHALL APPEAR. Notice of such hearing shall be given and such
hearing held and the subject matters thereof determined in the manner
provided herein for hearings upon the establishment of fire districts,
except that the notice of hearing shall state in general terms the
purposes of the hearing and specify each of the existing districts
proposed to be included within the consolidated district.
S 25. The first undesignated paragraph of section 172-b of the town
law, as amended by chapter 37 of the laws of 2000, is amended to read as
follows:
Irrespective of the manner of their original establishment, whenever
two or more fire protection districts adjoin, the town board of the town
in which such districts are located or, if said districts be situate in
more than one town, the town boards thereof acting jointly by a majority
vote of the members of each such town boards, upon its or their own
motion and without a petition or upon a written petition of [resident
taxpayers owning taxable real property aggregating at least one-half of
the assessed valuation of all the taxable real property of each of the
districts so adjoining owned by resident taxpayers thereof, as such
valuations appear upon the latest completed assessment-roll of said town
or towns] RESIDENTS OF EACH FIRE PROTECTION DISTRICT WHO ARE QUALIFIED
TO VOTE AT THE TIME THE PETITION IS FILED WITH THE MUNICIPAL CLERK,
EQUAL TO AT LEAST TEN PERCENT OF THE REGISTERED VOTERS RESIDING IN EACH
DISTRICT AT THE TIME OF THE LAST GENERAL ELECTION, may consolidate such
fire protection districts and establish the same into one fire
protection district after a public hearing thereon. Such petition or
petitions shall be [signed, and acknowledged or proved in the same
manner as a deed to be recorded, or authenticated in the manner provided
by the election law for the authentication of nominating petitions] IN
ACCORDANCE WITH ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL LAW, EXCEPT
S. 56--A 192 A. 156--A
THAT ON SAID PETITION, THE NAME OF THE FIRE PROTECTION DISTRICT AND THE
TOWN IN WHICH IT IS LOCATED SHALL APPEAR. Notice of such hearing shall
be given and such hearing held and the subject matters thereof deter-
mined in the manner provided [herein] IN THIS SECTION for hearings upon
the establishment of fire protection districts, except that the notice
of hearing shall state in general terms the purposes of the hearing and
specify each of the existing districts proposed to be included within
the consolidated district. Any resolution of consolidation made upon
motion of the town board or town boards without a petition shall be
subject to a permissive referendum as provided in article seven of this
chapter.
S 26. Subdivision 6 of section 20 of the town law, as added by chapter
792 of the laws of 1934, paragraphs (a), (b) and (c) as relettered by
chapter 302 of the laws of 1974, is amended to read as follows:
6. (a) (I) At least one hundred fifty days prior to any biennial town
election, the town board of any town in which the appointive office of
town clerk shall exist, may adopt a resolution, subject to a permissive
referendum, that the office of town clerk shall be an elective office in
such town. Every elector of the town shall be entitled to vote at any
referendum held thereon pursuant to the provisions of article seven of
this chapter. If the town board shall have adopted such a resolution and
no petition shall have been filed within the time specified in article
seven OF THIS CHAPTER for a referendum thereon, or, if a majority of the
votes cast on any such proposition submitted pursuant to the provisions
of article seven OF THIS CHAPTER be in the affirmative the office of
town clerk shall thereafter be an elective office in such town, and a
town clerk shall be elected at the succeeding biennial town election for
the term provided by this chapter, beginning on the first day of January
next succeeding such biennial town election and the term of office of
the appointive town clerk for whom such successor shall be elected shall
expire on said first day of January.
(II) AT LEAST ONE HUNDRED FIFTY DAYS PRIOR TO ANY BIENNIAL TOWN
ELECTION, THE TOWN BOARD OF ANY TOWN IN WHICH THE ELECTIVE OFFICE OF
TOWN CLERK SHALL EXIST, MAY ADOPT A RESOLUTION, SUBJECT TO A PERMISSIVE
REFERENDUM THAT THE OFFICE OF TOWN CLERK SHALL BE AN APPOINTIVE OFFICE
IN SUCH TOWN. EVERY ELECTOR OF THE TOWN SHALL BE ENTITLED TO VOTE AT ANY
REFERENDUM HELD THEREON PURSUANT TO THE PROVISIONS OF ARTICLE SEVEN OF
THIS CHAPTER. IF THE TOWN BOARD SHALL HAVE ADOPTED SUCH A RESOLUTION AND
NO PETITION SHALL HAVE BEEN FILED WITHIN THE TIME SPECIFIED IN ARTICLE
SEVEN OF THIS CHAPTER FOR A REFERENDUM THEREON, OR, IF A MAJORITY OF THE
VOTES CAST ON ANY SUCH PROPOSITION SUBMITTED PURSUANT TO THE PROVISIONS
OF ARTICLE SEVEN OF THIS CHAPTER BE IN THE AFFIRMATIVE THE OFFICE OF
TOWN CLERK SHALL THEREAFTER BE AN APPOINTIVE OFFICE IN SUCH TOWN, AND
THE TOWN BOARD SHALL APPOINT A TOWN CLERK FOR THE TERM PROVIDED BY THIS
CHAPTER, BEGINNING ON THE FIRST DAY OF JANUARY NEXT SUCCEEDING SUCH
BIENNIAL TOWN ELECTION AND THE TERM OF OFFICE OF THE ELECTIVE TOWN CLERK
FOR WHOM SUCH SUCCESSOR SHALL BE APPOINTED SHALL EXPIRE ON SAID FIRST
DAY OF JANUARY.
(b) (I) At least one hundred fifty days prior to any biennial town
election the town board of any town in which the appointive office of
town superintendent of highways shall exist, may adopt a resolution,
subject to a permissive referendum that the office of town superinten-
dent of highways shall be an elective office in such town. Every elector
of the town shall be entitled to vote at any referendum held thereon
pursuant to the provisions of article seven of this chapter. If the town
board shall have adopted such a resolution and no petition shall have
S. 56--A 193 A. 156--A
been filed within the time specified in article seven OF THIS CHAPTER
for a referendum thereon, or, if a majority of the votes cast on any
such proposition submitted pursuant to the provisions of article seven
OF THIS CHAPTER be in the affirmative the office of town superintendent
of highways shall thereafter be an elective office in such town, and a
town superintendent of highways shall be elected at the succeeding bien-
nial town election for the term provided by this chapter, beginning on
the first day of January next succeeding such biennial town election and
the term of office of the appointive town superintendent of highways for
whom such successor shall be elected shall expire on said first day of
January.
(II) AT LEAST ONE HUNDRED FIFTY DAYS PRIOR TO ANY BIENNIAL TOWN
ELECTION THE TOWN BOARD OF ANY TOWN IN WHICH THE ELECTIVE OFFICE OF TOWN
SUPERINTENDENT OF HIGHWAYS SHALL EXIST, MAY ADOPT A RESOLUTION, SUBJECT
TO A PERMISSIVE REFERENDUM THAT THE OFFICE OF TOWN SUPERINTENDENT OF
HIGHWAYS SHALL BE AN APPOINTIVE OFFICE IN SUCH TOWN. EVERY ELECTOR OF
THE TOWN SHALL BE ENTITLED TO VOTE AT ANY REFERENDUM HELD THEREON PURSU-
ANT TO THE PROVISIONS OF ARTICLE SEVEN OF THIS CHAPTER. IF THE TOWN
BOARD SHALL HAVE ADOPTED SUCH A RESOLUTION AND NO PETITION SHALL HAVE
BEEN FILED WITHIN THE TIME SPECIFIED IN ARTICLE SEVEN OF THIS CHAPTER
FOR A REFERENDUM THEREON, OR, IF A MAJORITY OF THE VOTES CAST ON ANY
SUCH PROPOSITION SUBMITTED PURSUANT TO THE PROVISIONS OF ARTICLE SEVEN
OF THIS CHAPTER BE IN THE AFFIRMATIVE, THE OFFICE OF TOWN SUPERINTENDENT
OF HIGHWAYS SHALL THEREAFTER BE AN APPOINTIVE OFFICE IN SUCH TOWN, AND
THE TOWN BOARD SHALL APPOINT A TOWN SUPERINTENDENT OF HIGHWAYS FOR THE
TERM PROVIDED BY THIS CHAPTER, BEGINNING ON THE FIRST DAY OF JANUARY
NEXT SUCCEEDING SUCH BIENNIAL TOWN ELECTION AND THE TERM OF OFFICE OF
THE ELECTIVE TOWN SUPERINTENDENT OF HIGHWAYS FOR WHOM SUCH SUCCESSOR
SHALL BE APPOINTED SHALL EXPIRE ON SAID FIRST DAY OF JANUARY.
(c) (I) At least one hundred fifty days prior to any biennial town
election, the town board of any town of the first class in which the
appointive office of receiver of taxes and assessments shall exist, may
adopt a resolution, subject to a permissive referendum, that the office
of receiver of taxes and assessments shall be an elective office in such
town. Every elector of the town shall be entitled to vote at any refer-
endum held thereon pursuant to the provisions of article seven of this
chapter. If the town board shall have adopted such a resolution and no
petition shall have been filed within the time specified in article
seven OF THIS CHAPTER for a referendum thereon, or, if a majority of the
votes cast on any such proposition submitted pursuant to the provisions
of article seven OF THIS CHAPTER be in the affirmative the office of
receiver of taxes and assessments shall thereafter be an elective office
in such town, and a receiver of taxes and assessments shall be elected
at the succeeding biennial town election for the term provided by this
chapter, beginning on the first day of January next succeeding such
biennial town election and the term of office of the appointive receiver
of taxes and assessments for whom such successor shall be elected shall
expire on said first day of January.
(II) AT LEAST ONE HUNDRED FIFTY DAYS PRIOR TO ANY BIENNIAL TOWN
ELECTION, THE TOWN BOARD OF ANY TOWN OF THE FIRST CLASS IN WHICH THE
ELECTIVE OFFICE OF RECEIVER OF TAXES AND ASSESSMENTS SHALL EXIST, MAY
ADOPT A RESOLUTION, SUBJECT TO A PERMISSIVE REFERENDUM THAT THE OFFICE
OF RECEIVER OF TAXES AND ASSESSMENTS SHALL BE AN APPOINTIVE OFFICE IN
SUCH TOWN. EVERY ELECTOR OF THE TOWN SHALL BE ENTITLED TO VOTE AT ANY
REFERENDUM HELD THEREON PURSUANT TO THE PROVISIONS OF ARTICLE SEVEN OF
THIS CHAPTER. IF THE TOWN BOARD SHALL HAVE ADOPTED SUCH A RESOLUTION AND
S. 56--A 194 A. 156--A
NO PETITION SHALL HAVE BEEN FILED WITHIN THE TIME SPECIFIED IN ARTICLE
SEVEN OF THIS CHAPTER FOR A REFERENDUM THEREON, OR, IF A MAJORITY OF THE
VOTES CAST ON ANY SUCH PROPOSITION SUBMITTED PURSUANT TO THE PROVISIONS
OF ARTICLE SEVEN OF THIS CHAPTER BE IN THE AFFIRMATIVE THE OFFICE OF
RECEIVER OF TAXES AND ASSESSMENTS SHALL THEREAFTER BE AN APPOINTIVE
OFFICE IN SUCH TOWN, AND THE TOWN BOARD SHALL APPOINT A RECEIVER OF
TAXES AND ASSESSMENTS FOR THE TERM PROVIDED BY THIS CHAPTER, BEGINNING
ON THE FIRST DAY OF JANUARY NEXT SUCCEEDING SUCH BIENNIAL TOWN ELECTION
AND THE TERM OF OFFICE OF THE ELECTIVE RECEIVER OF TAXES AND ASSESSMENTS
FOR WHOM SUCH SUCCESSOR SHALL BE APPOINTED SHALL EXPIRE ON SAID FIRST
DAY OF JANUARY.
S 27. Subdivision 1 of section 36 of the town law, as amended by chap-
ter 437 of the laws of 1963, is amended to read as follows:
1. In any town [of the second class] in which the office of tax
collector or receiver of taxes AND ASSESSMENTS exists, the town board
thereof may by resolution duly adopted at least one hundred fifty days
prior to any biennial town election, determine that said office be abol-
ished, same to take effect at the expiration of the term of office to
which the incumbent was elected or appointed; and no such tax collector
or town receiver of taxes AND ASSESSMENTS shall be elected at any bien-
nial town election held not less than one hundred fifty days thereafter.
Upon the expiration of the term of office of such tax collector or town
receiver of taxes AND ASSESSMENTS as provided [herein] IN THIS CHAPTER,
he shall surrender and deliver to the town clerk of said town all
assessment rolls, books, papers, writings and all other documents and
property in his possession as such officer. In all towns where the
office of tax collector or receiver of taxes AND ASSESSMENTS has been
abolished, it shall be the duty of such town clerk to collect and
receive all state, county and town taxes and assessments that may be
levied in such town and the town clerk shall have all the powers and be
subject to all the duties of a collector IN A TOWN OF THE SECOND CLASS,
OR OF A RECEIVER OF TAXES AND ASSESSMENTS IN A TOWN OF THE FIRST CLASS
with respect to the collection of such taxes, the deposit of receipts
and the return of unpaid taxes, as provided by subdivision one of
section thirty-five OR SECTION THIRTY-SEVEN of this [chapter] ARTICLE,
AS THE CASE MAY BE.
S 28. Subdivision 21-a of section 64 of the town law is amended by
adding a new paragraph 6 to read as follows:
6. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
TO THE CONTRARY, EVERY TOWN WHICH HAS ESTABLISHED A DEPARTMENT OF PUBLIC
WORKS PURSUANT TO THIS SECTION MAY ADOPT A RESOLUTION, SUBJECT TO
PERMISSIVE REFERENDUM AS PROVIDED BY ARTICLE SEVEN OF THIS CHAPTER, THAT
THE OFFICE OF THE TOWN SUPERINTENDENT OF HIGHWAYS SHALL BE ABOLISHED.
THE COMMISSIONER OF PUBLIC WORKS SHALL THEREAFTER BE THE HEAD OF THE
DEPARTMENT OF PUBLIC WORKS AND THE HIGHWAY DEPARTMENT, AND HE OR SHE
SHALL HAVE ALL THE POWERS AND DUTIES CONFERRED UPON THE SUPERINTENDENT
OF HIGHWAYS WITHIN THIS CHAPTER, THE HIGHWAY LAW, AND ANY OTHER GENERAL,
SPECIAL, OR LOCAL LAW, RULE, REGULATION OR CODE.
S 29. This act shall take effect March 1, 2009; provided however
sections fifteen and sixteen of this act shall take effect January 1,
2010.
PART OO
S. 56--A 195 A. 156--A
Section 1. Paragraph d of subdivision 1 of section 11-a of the domes-
tic relations law, as amended by chapter 424 of the laws of 1990, is
amended to read as follows:
d. In all cases in which the city clerk of such city or one of his OR
HER deputies or the permanent members of his OR HER staff so designated
shall perform a marriage ceremony such official shall demand and be
entitled to collect therefor a fee to be fixed by the council of the
city of New York not exceeding [twenty-five] FORTY dollars, which sum
shall be paid by the contracting parties before or immediately upon the
solemnization of the marriage; and all such fees so received shall be
paid over to the commissioner of finance of the city.
S 2. Subdivision 2 of section 14-a of the domestic relations law, as
amended by chapter 413 of the laws of 1991, is amended to read as
follows:
2. a. Such town and city clerks shall be entitled to a fee for such
certificate, payable at the time of issuance of the marriage license, in
a sum not exceeding ten dollars, to be fixed in the case of town clerks
by the town board, and in the case of city clerks by the common council
or governing body of such cities. IN THE CITY OF NEW YORK, THE FEE FOR
SUCH CERTIFICATE SHALL BE IN A SUM NOT EXCEEDING FIFTEEN DOLLARS. The
town and city clerks shall, upon request of any applicant whose name
appears thereon, issue a similar certificate of marriage, as set forth
above, and similarly expanded with additional facts upon the express
additional request, for all marriages heretofore indexed and recorded in
the office of the town or city clerks. For such certificate of marriage,
the town and city clerks shall be entitled to a fee not exceeding ten
dollars, to be fixed in the case of town clerks by the town board, and
in the case of city clerks by the common council or governing body of
such city. IN THE CITY OF NEW YORK, THE FEE FOR SUCH CERTIFICATE SHALL
BE IN A SUM NOT EXCEEDING FIFTEEN DOLLARS.
b. In addition to the foregoing, upon request of any applicant whose
name appears thereon for a certificate of marriage, the town or city
clerk may issue a photograph, micro-photograph or photocopy of the
marriage record on file in the office of such clerk. Such photograph,
micro-photograph or photocopy, when certified by the town or city clerk,
shall be deemed an original record for all purposes, including introduc-
tion in evidence in all courts or administrative agencies. For such
certificate of marriage and the certification thereof, the town or city
clerk shall be entitled to a fee not exceeding ten dollars, to be fixed
in the case of town clerks by the town board, and in the case of city
clerks by the common council or governing body of such city. IN THE CITY
OF NEW YORK, THE FEE FOR SUCH CERTIFICATE AND THE CERTIFICATION THEREOF
SHALL BE IN A SUM NOT EXCEEDING FIFTEEN DOLLARS.
S 3. Section 14-a of the domestic relations law is amended by adding a
new subdivision 6 to read as follows:
6. THE CITY CLERK OF THE CITY OF NEW YORK MAY INSTITUTE AN ADDITIONAL
FEE OF FIFTEEN DOLLARS FOR PRIORITY HANDLING FOR EACH CERTIFICATION,
CERTIFIED COPY OR CERTIFIED TRANSCRIPT OF CERTIFICATES OF MARRIAGE.
S 4. Subdivision 4 of section 15 of the domestic relations law, as
amended by chapter 424 of the laws of 1990, is amended to read as
follows:
4. Notwithstanding any other provision of this section, the city clerk
of the city of New York, before issuing any licenses herein provided
for, shall be entitled to a fee of [twenty-five] UP TO FORTY dollars,
which sum shall be paid by the applicants before or at the time the
S. 56--A 196 A. 156--A
license is issued and all such fees so received shall be paid monthly
into the city treasury.
S 5. The opening paragraph of subdivision 1 of section 19 of the
domestic relations law, as amended by chapter 674 of the laws of 1985,
is amended to read as follows:
Each town and city clerk hereby empowered to issue marriage licenses
shall keep a book supplied by the state department of health in which
such clerk shall record and index such information as is required there-
in, which book shall be kept and preserved as a part of the public
records of his OR HER office. Whenever an application is made for a
search of such records the city or town clerk, excepting the city clerk
of the city of New York, may make such search and furnish a certificate
of the result to the applicant upon the payment of a fee of five dollars
for a search of one year and a further fee of one dollar for the second
year for which such search is requested and fifty cents for each addi-
tional year thereafter, which fees shall be paid in advance of such
search. Whenever an application is made for a search of such records in
the city of New York, the city clerk of the city of New York may make
such search and furnish a certificate of the result to the applicant
upon the payment of a fee of [five] UP TO FIFTEEN dollars for a search
of one year and a further fee of one dollar for the second year for
which search is requested and fifty cents each additional year thereaft-
er. Notwithstanding any other provision of this article, no fee shall be
charged for any search or certificate when required by the veterans
administration or by the division of veterans' affairs of the state of
New York to be used in determining the eligibility of any person to
participate in the benefits made available by the veterans adminis-
tration or by the state of New York. All such affidavits, statements and
consents, immediately upon the taking or receiving of the same by the
town or city clerk, shall be recorded and indexed as provided herein and
shall be public records and open to public inspection whenever the same
may be necessary or required for judicial or other proper purposes. At
such times as the commissioner shall direct, the said town or city
clerk, excepting the city clerk of the city of New York, shall file in
the office of the state department of health the original of each affi-
davit, statement, consent, order of a justice or judge authorizing imme-
diate solemnization of marriage, license and certificate, filed with or
made before such clerk during the preceding month. Such clerk shall not
be required to file any of said documents with the state department of
health until the license is returned with the certificate showing that
the marriage to which they refer has been actually performed.
S 6. Subdivision 3 of section 140 of the executive law, as amended by
chapter 424 of the law of 1990, is amended to read as follows:
3. Such appointment shall not require the approval of the mayor, and
hereafter, at the time of subscribing or filing the oath of office, the
city clerk shall collect from each person appointed a commissioner of
deeds [the sum of twenty-five] UP TO THIRTY dollars, and he OR SHE shall
not administer or file such oath unless such fee has been paid.
S 7. Section 4179 of the public health law, as added by chapter 414 of
the laws of 1990, is amended to read as follows:
S 4179. Vital records; fees; city of New York. 1. Notwithstanding the
provisions of paragraph one of subdivision a of section 207.13 of the
health code of the city of New York, the department of health AND MENTAL
HYGIENE shall charge, and the applicant shall pay, for a search of two
consecutive calendar years under one name and the issuance of a certif-
icate of birth, death or termination of pregnancy, or a certification of
S. 56--A 197 A. 156--A
birth or death, or a certification that the record cannot be found, a
fee of [fifteen] UP TO THIRTY dollars for each copy.
2. THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE MAY INSTITUTE AN ADDI-
TIONAL FEE OF FIFTEEN DOLLARS FOR PRIORITY HANDLING FOR EACH CERTIF-
ICATION, CERTIFIED COPY OR CERTIFIED TRANSCRIPT OF CERTIFICATES OF BIRTH
OR DEATH.
S 8. This act shall take effect March 1, 2009, except that any rules
necessary for the timely implementation of this act on such effective
date may be promulgated on or before such date.
PART PP
Section 1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law to the following funds and/or
accounts:
1. Tuition reimbursement fund (050):
a. Tuition reimbursement account (01).
b. Proprietary vocational school supervision account (02).
2. Local government records management improvement fund (052):
a. Local government records management account (01).
3. Dedicated highway and bridge trust fund (072):
a. Highway and bridge capital account (01).
4. State University Residence Hall Rehabilitation Fund (074).
5. State parks infrastructure trust fund (076):
a. State parks infrastructure account (01).
6. Clean water/clean air implementation fund (079).
7. State lottery fund (160):
a. Education - New (03).
b. VLT - Admin (05).
c. VLT - Sound basic education fund (06).
8. Medicaid management information system escrow fund (179).
9. Federal operating grants fund (290) federal capital grants fund
(291).
10. Sewage treatment program management and administration fund (300).
11. Environmental conservation special revenue fund (301):
a. Hazardous bulk storage account (F7).
b. Utility environmental regulation account (H4).
c. Low level radioactive waste siting account (K5).
d. Recreation account (K6).
e. Conservationist magazine account (S4).
f. Environmental regulatory account (S5).
g. Natural resource account (S6).
h. Mined land reclamation program account (XB).
i. Federal grants indirect cost recovery account (IC).
12. Environmental protection and oil spill compensation fund (303).
13. Hazardous waste remedial fund (312):
a. Site investigation and construction account (01).
b. Hazardous waste remedial clean up account (06).
14. Mass transportation operating assistance fund (313):
a. Public transportation systems account (01).
b. Metropolitan mass transportation (02).
15. Clean air fund (314):
a. Operating permit program account (01).
b. Mobile source account (02).
16. Centralized services fund (323).
S. 56--A 198 A. 156--A
17. State exposition special fund (325).
18. Agency enterprise fund (331):
a. OGS convention center account (55).
19. Agencies internal service fund (334):
a. Archives records management account (02).
b. Federal single audit account (05).
c. Quick copy center account (07).
d. Civil service law: sec 11 admin account (09).
e. Civil service EHS occupational health program account (10).
f. Banking services account (12).
g. Cultural resources survey account (14).
h. Neighborhood work project (17).
i. Automation & printing chargeback account (18).
j. OFT NYT account (20).
k. Data center account (23).
l. Human service telecom account (24).
m. Centralized Technology services account (30).
n. OMRDD copy center account (26).
o. Intrusion detection account (27).
p. Domestic violence grant account (28).
20. Miscellaneous special revenue fund (339):
a. Statewide planning and research cooperative system account (03).
b. OMRDD provider of service account (05).
c. New York state thruway authority account (08).
d. Mental hygiene patient income account (13).
e. Financial control board account (15).
f. Regulation of racing account (16).
g. New York metropolitan transportation council account (17).
h. Quality of care account (20).
i. Cyber upgrade account (25).
j. Certificate of need account (26).
k. Hospital and nursing home management account (44).
l. State university dormitory income reimbursable account (47).
m. Training, management and evaluation (50).
n. Energy research account (60).
o. Criminal justice improvement account (62).
p. Fingerprint identification and technology account (68).
q. Environmental laboratory reference fee account (81).
r. Clinical laboratory reference system assessment account (90).
s. Public employment relations board account (93).
t. Radiological health protection account (95).
u. Teacher certification account (A4).
v. Banking department account (A5).
w. Cable television account (A6).
x. Indirect cost recovery account (AH).
y. High school equivalency program account (AI).
z. Rail safety inspection account (AQ).
aa. Child support revenue account (AX).
bb. Multi-agency training account (AY).
cc. Critical infrastructure account (B3).
dd. Insurance department account (B6).
ee. Bell jar collection account (BJ).
ff. Industry and utility service account (BK).
gg. Real property disposition account (BP).
hh. Parking account (BQ).
ii. Asbestos safety training program account (BW).
S. 56--A 199 A. 156--A
jj. Improvement of real property tax administration account (BZ).
kk. Public service account (C3).
ll. Plant industry account (CZ).
mm. Batavia school for the blind account (D9).
nn. Investment services account (DC).
oo. Surplus property account (DE).
pp. OMRDD day services account (DH).
qq. Financial oversight account (DI).
rr. Regulation of indian gaming account (DT).
ss. Special conservation activities account (CU).
tt. Interest assessment account (DZ).
uu. Office of the professions account (E3).
vv. Rome school for the deaf account (E6).
ww. Seized assets account (E8).
xx. Administrative adjudication account (E9).
yy. Client notices system (EG).
zz. Federal salary sharing account (EC).
aaa. Cultural education account (EN).
bbb. Examination and miscellaneous revenue account (ER).
ccc. Transportation regulation account (F1).
ddd. Local services account (G3).
eee. Electronic benefit transfer and common benefit identification
card account (GD).
fff. Housing special revenue account (H2).
ggg. Department of motor vehicles compulsory insurance account (H7).
hhh. Housing Indirect cost recovery (HI).
iii. Housing credit agency application fee account (J5).
jjj. EPIC premium account (J6).
kkk. Federal gasoline and diesel fuel excise tax account (L6).
lll. OTDA earned revenue account (L7).
mmm. Medical assistance disability account (LF).
nnn. Low income housing credit monitoring fee account (NG).
ooo. Procurement opportunities newsletter account (P4).
ppp. Corporation administration account (P6).
qqq. Montrose veteran's home account (Q6).
rrr. Excelsior capital corporation reimbursement account (R1).
sss. Motor fuel quality account (R4).
ttt. Weights and measures account (R5).
uuu. Deferred compensation administration account (R7).
vvv. Rent revenue other account (RR).
www. Batavia medicaid income account (S1).
xxx. Rent revenue account (S8).
yyy. Tax revenue arrearage account (TR).
zzz. Solid waste management account (W3).
aaaa. Occupational health clinics account (W4).
bbbb. Capacity contracting (XU).
cccc. Point insurance reduction program account.
dddd. Internet point insurance reduction program account.
eeee. Mental hygiene program fund account (10).
21. State university income fund (345):
a. State university general income offset account (11).
22. State police and motor vehicle law enforcement fund (354):
a. State police motor vehicle law enforcement account (02).
23. Youth facilities improvement fund (357):
a. Youth facilities improvement account (01).
24. Highway safety program fund (362):
S. 56--A 200 A. 156--A
a. Highway safety program account (01).
25. Drinking water program management and administration fund (366):
a. EFC drinking water program account (01).
b. DOH drinking water program account (02).
26. New York city county clerks offset fund (368):
a. NYCCC operating offset account (01).
27. Housing assistance fund (374).
28. Housing program fund (376).
29. Department of transportation - engineering services fund (380):
a. Highway facility purpose account (01).
30. Miscellaneous capital projects fund (387):
a. Clean air capital account (08).
b. New York racing account.
31. Mental hygiene facilities capital improvement fund (389).
32. Joint labor/management administration fund (394):
a. Joint labor/management administration fund (01).
33. Audit and control revolving fund (395):
a. Executive direction internal audit account (04).
34. Health insurance internal service fund (396):
a. Health insurance internal service account (00).
b. Civil service employee benefits div admin (01).
35. Correctional industries revolving fund (397).
36. Correctional facilities capital improvement fund (399).
37. Industrial exhibit authority fund (450).
38. Federal unemployment insurance administration fund (480):
a. UI administration (01).
39. Federal unemployment insurance occupational training fund (484):
a. Federal unemployment insurance occupational training (00).
b. Disaster relief grants (01).
40. Federal employment and training grants (486):
a. DOL workforce investment act (09).
41. HCRA resources fund (061):
a. EPIC premium account (J6).
b. Maternal and child HIV services account (LC).
c. Hospital based grants program account (AF).
d. Child health plus program account (29).
S 1a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within the following
federal funds, provided the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse such
loans:
1. Federal USDA-food nutrition services fund (261).
2. Federal health and human services fund (265).
3. Federal education grants fund (267).
4. Federal block grant fund (269).
5. Federal operating grants fund (290).
6. Federal capital projects fund (291).
S 2. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2010, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $300,000 from the miscellaneous special revenue fund (339) under-
ground facilities safety training account (US), to the general fund.
S. 56--A 201 A. 156--A
2. $273,000,000 from the miscellaneous special revenue fund (339)
public service account (C3), to the general fund.
3. An amount up to the unencumbered balance from the miscellaneous
special revenue fund (339), business and licensing services account(AG),
to the general fund.
4. $14,260,000 from the miscellaneous special revenue fund (339), code
enforcement account (07), to the general fund.
5. $15,000,000 from the miscellaneous special revenue fund (339),
insurance department account (B6), to the general fund.
6. $8,000,000 from the miscellaneous special revenue fund (339), bank-
ing department account (A5), to the general fund.
7. $138,861,000 from the miscellaneous special revenue fund (339),
insurance department account (B6), to the health care reform fund (061),
HCRA undistributed account (99).
Education:
1. $2,356,000,000 from the general fund to the state lottery fund
(160), education account (03), as reimbursement for disbursements made
from such fund for supplemental aid to education pursuant to section
92-c of the state finance law that are in excess of the amounts deposit-
ed in such fund for such purposes pursuant to section 1612 of the tax
law.
2. $523,000,000 from the general fund to the state lottery fund (160),
VLT education account (06), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
3. Moneys from the state lottery fund (160) up to an amount deposited
in such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
4. $300,000 from the local government records management improvement
fund (052) to the archives partnership trust fund (024).
5. $700,000 from the general fund to the miscellaneous special revenue
fund (339), Batavia school for the blind account (D9).
6. $400,000 from the general fund to the miscellaneous special revenue
fund (339), Rome school for the deaf account (E6).
7. $1,500,000 from the general fund for the private schools for the
blind and deaf may be transferred to the department of health miscella-
neous special revenue fund (339), quality assurance and audit revenue
activities account (GB). Notwithstanding any other law, rule or regu-
lation to the contrary, funds shall be available for transfer to the
department of health miscellaneous special revenue fund (339), quality
assurance and audit revenue activities account (GB), upon the approval
by the director of the budget of a staffing and expenditure plan devel-
oped by the department of health in consultation with the state educa-
tion department.
8. $40,000,000 from the state university dormitory income fund (330)
to the state university residence hall rehabilitation fund (074).
9. $315,000,000 from the state university dormitory income fund (330)
to the miscellaneous special revenue fund (339), state university dormi-
tory income reimbursable account (47).
10. $500,000 from the miscellaneous special revenue fund (339), volun-
teer recruitment service scholarships account (VR) to the general fund.
11. $1,000,000 from the miscellaneous special revenue fund (339),
cultural education account (EN), to the miscellaneous special revenue
fund (339), summer school of the arts account (38).
S. 56--A 202 A. 156--A
12. $22,000,000 from the state university income fund (345), state
university general income fund reimbursable account (10), to the general
fund.
13. $24,000,000 from any of the state education department special
revenue and internal service funds to the miscellaneous special revenue
fund (339), indirect cost recovery account (AH).
14. $8,318,000 from the general fund to the state university income
fund (345), state university income offset account (11), for the states
share of repayment of the STIP loan.
15. $75,000,000 from the state university income fund (345), state
university general income fund reimbursable account (10), to the state
university income fund (345), supplemental operating fund account.
Environmental Affairs:
1. $500,000 from the department of transportation's federal capital
projects fund (291) to the office of parks and recreation federal oper-
ating grants fund (290), miscellaneous operating grants account.
2. $5,000,000 from the general fund to the hazardous waste remedial
fund (312), hazardous waste remediation oversight and assistance account
(00).
3. $45,000,000 from the environmental protection fund (078), environ-
mental protection transfer account (01), to the general fund.
4. $50,000,000 from resources made available through the use of bond
financing for activities in the environmental protection fund (078),
environmental protection transfer account (01), to the general fund.
5. $5,000,000 from the general fund to the state parks infrastructure
fund (076), state infrastructure account (01).
6. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the special revenue fund (301)
federal grant indirect cost recovery account.
7. $2,000,000 from any of the office of parks, recreation, and histor-
ical preservation special revenue federal funds to the special revenue
fund (339) federal grant indirect cost recovery account.
8. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the special revenue fund
(339) federal grant indirect cost recovery account (Z1).
9. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the special revenue fund
(339), I love NY water account (39).
10. $1,000,000 from any of the office of parks, recreation and histor-
ic preservation special revenue federal funds to the special revenue
fund (339), patron services account (T2).
11. $500 from the Hudson river valley greenway fund (056), greenway
communities council account (01), to the general fund.
12. $44 from the Hudson river valley greenway fund (056), greenway
heritage conservancy account (02), to the general fund.
13. $3,000,000 from the hazardous waste remedial fund (312) site
investigation and construction account (01), to the general fund.
14. $20,000,000 from the hazardous waste remedial fund (312) oversight
and assistance account (05), to the general fund.
Family Assistance:
1. $10,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous special
revenue fund (339), office of human resources development state match
account (2C).
S. 56--A 203 A. 156--A
2. $3,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund (339), family preserva-
tion and support services and family violence services account (GC).
3. $6,000,000 from any of the office of children and family services
special revenue federal funds to the general fund for title IV-E
reimbursement of youth facility costs.
4. $28,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and any other miscellaneous revenues
generated from the operation of office of children and family services
programs to the miscellaneous special revenue fund (339), office of
children and family services income account (AR).
5. $10,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue funds
or the general fund to the miscellaneous special revenue fund (339),
connections account (WK).
6. [$41,000,000] $141,000,000 from any of the office of temporary and
disability assistance accounts within the federal health and human
services fund (265) to the general fund.
7. $7,300,000 from the federal health and human services fund (265) to
the miscellaneous special revenue fund (339), ODD earned revenue account
(AD).
8. $8,300,000 from any of the office of temporary and disability
assistance accounts within the federal health and human services fund
(265) to the miscellaneous special revenue fund (339), client notices
account (EG).
9. $81,886,000 from any of the office of temporary and disability
assistance, department of health or office of children and family
services special revenue funds to the miscellaneous special revenue fund
(339), office of temporary and disability assistance earned revenue
account (L7).
10. $4,309,000 from the federal block grant fund (269) or the federal
health and human services fund (265) to the miscellaneous special reven-
ue fund (339), home energy assistance earned revenue account (QA).
11. $7,500,000 from any of the office of temporary and disability
assistance or office of children and family services special revenue
federal funds to the miscellaneous special revenue fund (339), office of
temporary and disability assistance program account (AL).
12. $50,000,000 from any of the office of children and family
services, office of temporary and disability assistance, department of
labor, and department of health special revenue federal funds to the
office of children and family services miscellaneous special revenue
fund (339), multi-agency training contract account (AY).
13. $30,000,000 from the office of temporary and disability assistance
federal health and human services fund (265) to the miscellaneous
special revenue fund (339), child support revenue account (AX).
14. $6,300,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, or
department of health special revenue funds to the office of temporary
and disability assistance miscellaneous special revenue fund (339),
multi-agency systems development account (MD).
15. $2,322,000 from any of the office of temporary and disability
assistance special revenue federal funds, in accordance with agreements
with social services districts, to the miscellaneous special revenue
S. 56--A 204 A. 156--A
fund (339), OTDA office of human resources development state match
account (49).
16. $10,731,000 from any of the office of temporary and disability
assistance special revenue federal funds, to the miscellaneous special
revenue fund (339), OTDA training contract account (48).
17. $97,000 from the employment training fund (341), JTPA youth
employment account (04), to the general fund.
18. $147,000 from the employment training fund (341), JTPA youth
employment account (01), to the general fund.
19. $6,000,000 from the miscellaneous special revenue fund (339),
adult shelter sanction account (GA), to the general fund.
20. $121,000,000 from the miscellaneous special revenue fund (339),
youth facility per Diem account (YF), to the general fund.
21. $2,700,000 from the miscellaneous special revenue fund (339),
state central registry account (CY), to the general fund.
22. $10,000,000 from the miscellaneous special revenue fund (339),
office of temporary and disability assistance earned revenue account
(L7), to the general fund.
23. $1,381,800 from the general fund to the children and family trust
fund (020).
24. $13,000 from the agency enterprise fund (331) training materials
account (07), to the general fund.
General Government:
1. $1,545,000 from the miscellaneous special revenue fund (339), exam-
ination and miscellaneous revenue account (ER) to the general fund.
2. $12,500,000 from the general fund to the health insurance revolving
fund (396).
3. $192,400,000 from the health insurance reserve receipts fund (167)
to the general fund.
4. $150,000 from the general fund to the not-for-profit revolving loan
fund (055).
5. $150,000 from the not-for-profit revolving loan fund (055) to the
general fund.
6. $11,000,000 from the miscellaneous special revenue fund (339), real
property disposition account (BP), to the general fund.
7. $3,000,000 from the miscellaneous special revenue fund (339),
surplus property account (DE), to the general fund.
8. $21,480,000 from the general fund to the miscellaneous special
revenue fund (339), alcoholic beverage control account (DB).
9. $2,000,000 from the miscellaneous special revenue fund (339),
federal liability account (FL), to the general fund.
10. $10,000,000 from centralized services fund (323), OGS building
administration account (ZY), to the general fund.
11. $16,580,000 from the miscellaneous special revenue fund (339),
revenue arrearage account (CR), to the general fund.
12. $1,326,000 from the miscellaneous special revenue fund (339)
revenue arrearage account (CR), to the miscellaneous special revenue
fund (339) authority budget office account.
13. $1,000,000 from the miscellaneous special revenue fund (339),
parking services account (BQ), to the general debt service fund (311),
general debt service account.
14. Intentionally omitted.
15. $60,000,000 from any account within the special revenue federal
funds receiving money pursuant to federal Medicare Part D legislation to
the general fund.
Health:
S. 56--A 205 A. 156--A
1. $1,500,000 from any of the department of health accounts within the
federal health and human services fund (265) to the miscellaneous
special revenue fund (339), quality assurance and audit revenue activ-
ities account (GB).
2. $139,560,000 from any of the department of health accounts within
the federal health and human services fund (265) to the miscellaneous
special revenue fund (339), quality of care account (20).
3. $1,000,000 from the general fund to the combined gifts, grants and
bequests fund (020), breast cancer research and education account (BD),
an amount equal to the monies collected and deposited into that account
in the previous fiscal year.
4. $2,464,000 from any of the department of health accounts within the
federal health and human services fund (265) to the department of health
miscellaneous special revenue fund (339), statewide planning and
research cooperation system (SPARCS) program account (03).
5. $250,000 from the general fund to the combined gifts, grants and
bequests fund (020), prostate cancer research, detection, and education
account (PR), an amount equal to the moneys collected and deposited into
that account in the previous fiscal year.
6. $500,000 from the general fund to the combined gifts, grants and
bequests fund (020), Alzheimer's disease research and assistance account
(AA), an amount equal to the moneys collected and deposited into that
account in the previous fiscal year.
7. $1,000,000 from the miscellaneous special revenue fund (339),
administration account (AP), to the general fund.
8. $600,000,000 from any of the department of health accounts within
the federal health and human services fund (265) to the miscellaneous
special revenue fund (339), federal state health reform partnership
account (FS).
9. $85,000,000 from the general fund to the miscellaneous special
revenue fund (339) empire state stem cell trust fund account (SR).
10. $1,250,000 from the miscellaneous new york state agency fund
(169), medical assistance account to the department of health miscella-
neous special revenue fund (339), third party health insurance account
(35).
11. $3,700,000 from the miscellaneous new york state agency fund
(169), medical assistance account to the office of medicaid inspector
general miscellaneous special revenue fund (339), recoveries and revenue
account (C9).
Labor:
1. $700,000 from the labor standards miscellaneous special revenue
fund (339), fee and penalty account (30), to the child performer
protection fund (025), child performer protection account (CP).
2. $12,000,000 from the labor standards miscellaneous special revenue
fund (339), fee and penalty account (30), to the general fund.
3. $9,000,000 from the occupational safety and health special revenue
fund (305), occupational safety and health training and education
account (01), to the general fund.
4. $5,000,000 from the unemployment insurance interest and penalty
special revenue fund (482), unemployment insurance special interest and
penalty account (01), to the general fund.
Mental Hygiene:
1. $5,000,000 from the miscellaneous special revenue fund (339),
mental hygiene patient income account (13), to the miscellaneous special
revenue fund (339), federal salary sharing account (EC).
S. 56--A 206 A. 156--A
2. $10,000,000 from the miscellaneous special revenue fund (339),
mental hygiene patient income account (13), to the miscellaneous special
revenue fund (339), federal salary sharing account (EC).
3. $190,000,000 from the miscellaneous special revenue fund (339),
mental hygiene patient income account (13) to the miscellaneous special
revenue fund (339), provider of service accounts (05).
4. $144,000,000 from the miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to the miscellaneous special
revenue fund (339), provider of service account (05).
5. $150,000,000 from the general fund to the miscellaneous special
revenue fund (339), mental hygiene patient income account (13).
6. $150,000,000 from the general fund to the miscellaneous special
revenue fund (339), mental hygiene program fund account (10).
7. $3,600,000 from the miscellaneous special revenue fund (332),
Intermediate Care Facility (ICF)/Home and Community Based Services
(HCBS) loan account (05), to the general fund.
8. $197,400,000 from the miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to the general fund.
9. $24,200,000 from the miscellaneous special revenue fund (339),
mental hygiene patient income account (13) to the general fund.
Public Protection:
1. $1,350,000 from the miscellaneous special revenue fund (339), emer-
gency management account (61), to the general fund.
2. $3,300,000 from the general fund to the miscellaneous special
revenue fund (339), recruitment incentive account (U2).
3. $14,000,000 from the general fund to the correctional industries
revolving fund (397), correctional industries internal service account
(00).
4. $25,500,000 from the miscellaneous special revenue fund (339),
statewide public safety communications account (LZ), to the miscella-
neous special revenue fund (339), seized assets account (E8).
5. $1,500,000 from the miscellaneous special revenue fund (339),
statewide public safety communications account (LZ), to the combined
gifts, grants and bequests fund (020), New York state emergency services
revolving loan account (AU).
6. $10,000,000 from the miscellaneous special revenue fund (339),
statewide public safety communications account (LZ), to the miscella-
neous special revenue fund (339), local wireless public safety answering
point account (LW).
7. $23,559,000 from the miscellaneous special revenue fund (339),
statewide public safety communications account (LZ), to the general debt
service fund (311), revenue bond tax account (02).
8. $10,000,000 from federal miscellaneous operating grants fund (290),
DMNA damage account (71), to the general fund.
9. $6,000,000 from the general fund to the miscellaneous special
revenue fund (339), crimes against revenue program account (CA).
10. $2,000,000 from the general fund to the Attica state employee
victims' fund (013).
11. $20,000,000 from any office of homeland security account within
the federal miscellaneous operating grants fund (290), receiving money
through the homeland security grants program, to the general fund.
12. $11,500,000 from the federal miscellaneous operating grants fund
(290) world trade center account, to the general fund.
13. $4,800,000 from the federal miscellaneous operating grants fund
(290) world trade center account, to the miscellaneous special revenue
fund (339) New York alert account.
S. 56--A 207 A. 156--A
14. $100,000,000 from the miscellaneous special revenue fund (339),
statewide public safety communications account (LZ), to the state capi-
tal projects fund (002).
15. $800,000 from the miscellaneous special revenue fund (339) crimi-
nal justice improvement account (62) to the general fund.
16. $7,200,000 from the miscellaneous special revenue fund (390) indi-
gent legal services fund (01), to the general fund.
17. $600,000 from the agency enterprise fund (331) farm program
account (FM), to the general fund.
Transportation:
1. $17,672,000 from the federal miscellaneous operating grants fund
(290) to the special revenue fund (339), tri-state federal regional
planning account (17).
2. $20,147,000 from the federal capital projects fund (291) to the
special revenue fund (339), tri-state federal regional planning accounts
(17).
3. $12,300,000 from the miscellaneous special revenue fund (339),
compulsory insurance account (H7), to the general fund.
4. $20,000,000 from the suburban transportation fund (327) to the mass
transportation operating assistance fund (313), additional mass trans-
portation fund account (06).
5. $14,183,000 from the general fund to the mass transportation oper-
ating assistance fund (313) public transportation systems accounts (01).
6. $16,721,000 from the mass transportation operating assistance fund
(313) metropolitan mass transit operating assistance account (02), to
the mass transportation operating assistance fund (313) public transpor-
tation systems operating assistance account (01).
7. $339,229,000 from the general fund to the dedicated highway and
bridge trust fund (072).
Miscellaneous:
1. $75,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
2. $250,000,000 from the general fund to the debt reduction reserve
fund (064).
3. $23,300,000 from the general fund to the miscellaneous special
revenue fund (339), improvement of real property tax administrative
account (BZ).
S 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2010:
1. Upon request of the commissioner of environmental conservation, up
to $10,463,500 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $3,068,300 from
the environmental protection and oil spill compensation fund (303), and
$1,723,000 from the conservation fund (302), to the environmental
conservation special revenue fund (301), indirect charges account (BJ).
2. Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund within the
department of agriculture and markets to the miscellaneous special
revenue fund (339) administrative costs account, to pay appropriate
administrative expenses.
3. Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition special fund (325), state fair
receipts account (01), or the industrial exhibit authority fund (450),
industrial exhibit authority account (01), to the miscellaneous capital
projects fund (387), state fair capital improvement account (13).
S. 56--A 208 A. 156--A
4. Upon request of the commissioner of the division of housing and
community renewal, up to $2,911,000 from revenues credited to any divi-
sion of housing and community renewal miscellaneous special revenue fund
(339) to the agency cost recovery account (HI).
5. Upon request of the commissioner of health up to $15,000,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund (339), administration
account (AP).
6. UPON REQUEST OF THE DIRECTOR OF THE BUDGET, UP TO $20,000,000 FROM
THE MISCELLANEOUS SPECIAL REVENUE FUND (339), STATEWIDE PUBLIC SAFETY
COMMUNICATIONS ACCOUNT (LZ), TO THE GENERAL FUND.
S 4. Notwithstanding section 2815 of the public health law or any
other contrary provision of law, upon the direction of the director of
the budget and the commissioner of health, the dormitory authority of
the state of New York is directed to transfer seven million dollars
annually from funds available and uncommitted in the New York state
health care restructuring pool to the health care reform act (HCRA)
resources fund - HCRA resources account.
S 5. Notwithstanding any law to the contrary, the state university
chancellor or his designee is authorized and directed to transfer esti-
mated tuition revenue balances from the state university collection fund
(344) to the state university fund (345), state university revenue
offset account (12) on or before March 31, 2010.
S 6. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university chancel-
lor or his designee, up to $40,000,000 from the state university income
fund (345), state university hospitals income reimbursable account (22)
under hospital income reimbursable for services and expenses of hospital
operations and capital expenditures at the state university hospitals,
and the state university income fund (345) Long Island veterans' home
account (09) to the state university capital projects fund (384) on or
before June 30, 2010.
S 7. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $128,700,000 from the general fund to the state university income
fund (345), state university hospitals income reimbursable account (22)
during the period July 1, 2009 through June 30, 2010 to reflect ongoing
state subsidy of SUNY hospitals and to pay costs attributable to the
SUNY hospitals' state agency status.
S 8. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after consultation
with the state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance, from
the state university collection fund (344), Stony Brook hospital
collection account (07), Brooklyn hospital collection account (08), and
Syracuse hospital collection account (09) to the state university income
fund (345), state university hospitals income reimbursable account (22)
in the event insufficient funds are available in the state university
income fund (345), state university hospitals income reimbursable
account (22) to transfer moneys, in amounts sufficient to permit the
full transfer of moneys authorized for transfer, to the general debt
service fund (311) for payment of debt service related to the SUNY
hospitals. Notwithstanding any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with the state
S. 56--A 209 A. 156--A
university chancellor or his or her designee, to transfer moneys from
the state university income fund (345) to the state university income
fund (345), state university hospitals income reimbursable account (22)
in the event insufficient funds are available in the state university
income fund (345), state university hospitals income reimbursable
account (22) to pay hospital operating costs or to transfer moneys, in
amounts sufficient to permit the full transfer of moneys authorized for
transfer, to the general debt service fund (311) for payment of debt
service related to the SUNY hospitals on or before March 31, 2010.
S 9. On or before March 31, 2010, the comptroller is authorized and
directed to transfer the unencumbered balance from the family benefit
fund (329) to the general fund.
S 10. On or before March 31, 2010, the comptroller is hereby author-
ized and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal service fund (334),
banking services account (12), for the purpose of meeting direct
payments from such account.
S 11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer monies, upon request of the director of the
budget, on or before March 31, 2010, from and to any of the following
accounts: the miscellaneous special revenue fund (339), patient income
account (13), the miscellaneous special revenue fund (339), mental
hygiene program fund account or the general fund in any combination, the
aggregate of which shall not exceed $200 million.
S 12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $200 million from the unencumbered balance of any special revenue
fund or account, or combination of funds and accounts, to the general
fund. The amounts transferred pursuant to this authorization shall be in
addition to any other transfers expressly authorized in the 2009-10
budget. Transfers from federal funds, debt service funds, capital
projects funds, or the community projects fund are not permitted pursu-
ant to this authorization. The director of the budget shall notify both
houses of the legislature in writing prior to initiating transfers
pursuant to this authorization.
S 13. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 14 of part RR of chapter 57 of the laws of 2008, is
amended to read as follows:
5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, or any other provisions of law to the contrary, during the fiscal
year beginning April first, two thousand [eight] NINE, the state comp-
troller is hereby authorized and directed to deposit to the fund created
pursuant to this section from amounts collected pursuant to article
twenty-two of the tax law and pursuant to a schedule submitted by the
director of the budget, up to [$4,970,000,000] $3,415,450,000, as may be
certified in such schedule as necessary to meet the purposes of such
fund for the fiscal year beginning April first, two thousand [eight]
NINE.
S 13-a. Section 51 of part RR of chapter 57 of the laws of 2008
providing for the administration of certain funds and accounts related
to the 2008-2009 budget, is amended to read as follows:
S. 56--A 210 A. 156--A
S 51. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2008; provided,
however, that the amendments to subdivision 6 of section 4 and subdivi-
sion 4 of section 40 of the state finance law made by sections fifteen
and sixteen of this act shall expire on the same date such subdivisions
expire; and provided, further, however, that section thirty-four of this
act shall take effect on the same date as the reversion of section 69-c
of the state finance law as provided in section 58 of part T of chapter
57 of the laws of 2007, as amended; provided, further that such amend-
ments shall expire and be deemed repealed March 31, 2010; and provided,
further, however, that sections one, three, four, [fourteen,] and eigh-
teen through twenty-seven of this act shall expire March 31, 2009 when
upon such date the provisions of such sections shall be deemed repealed;
AND PROVIDED FURTHER THAT SECTION FOURTEEN OF THIS ACT SHALL EXPIRE
MARCH 31, 2010 WHEN UPON SUCH DATE THE PROVISIONS OF SUCH SECTION SHALL
BE DEEMED REPEALED.
S 13-b. Section 11-a of part RR of chapter 57 of the laws of 2008,
relating to providing for the administration of certain funds and
accounts related to the 2008-2009 budget, is amended to read as follows:
S 11-a. Notwithstanding any provision of law to the contrary, the
power authority of the state of New York, as deemed feasible and advis-
able by its trustees, is authorized to make contributions to the state
treasury to the credit of the general fund as follows: for the fiscal
year commencing April 1, 2008, a total of [$60,000,000] $361,000,000,
not less than $50,000,000 of which will be paid within thirty days of
the enactment of the state budget for such fiscal year, NOT LESS THAN
$119,000,000 SHALL BE PAID BY JANUARY 30, 2009 AND $182,000,000 SHALL BE
PAID BY MARCH 27, 2009; for the fiscal year commencing April 1, 2009, a
total of [$35,000,000] $210,000,000, not less than [$25,000,000]
$103,000,000 of which will be paid within [thirty] ONE HUNDRED EIGHTY
days of the enactment of the state budget for such fiscal year[; and for
the fiscal year commencing April 1, 2010, a total of $35,000,000, not
less than $25,000,000 of which will be paid within thirty days of the
enactment of the state budget for such fiscal year] AND $107,000,000
SHALL BE PAID PRIOR TO MARCH 26, 2010.
S 14. Section 41 of chapter 60 of the laws of 1993, amending the
public authorities law and other laws relating to the bonding authority
of the environmental facilities corporation is amended by adding a new
subdivision 4 to read as follows:
4. MONEYS IN THE CONTINGENCY RESERVE FUND MAY BE TEMPORARILY LOANED TO
THE GENERAL FUND DURING ANY FISCAL YEAR IN ANTICIPATION OF THE RECEIPT
OF REVENUES FROM TAXES, FEES AND OTHER SOURCES REQUIRED TO BE PAID INTO
THE GENERAL FUND DURING SUCH FISCAL YEAR. MONEYS SO TEMPORARILY LOANED
SHALL BE REPAID IN CASH DURING THE SAME FISCAL YEAR.
S 15. Section 92-cc of the state finance law is amended by adding a
new subdivision 5 to read as follows:
5. MONEYS IN THE RAINY DAY RESERVE FUND MAY BE TEMPORARILY LOANED TO
THE GENERAL FUND DURING ANY FISCAL YEAR IN ANTICIPATION OF THE RECEIPT
OF REVENUES FROM TAXES, FEES AND OTHER SOURCES REQUIRED TO BE PAID INTO
THE GENERAL FUND DURING SUCH FISCAL YEAR. MONEYS SO TEMPORARILY LOANED
SHALL BE REPAID IN CASH DURING THE SAME FISCAL YEAR.
S 16. Subdivision 5 of section 4 of the state finance law, as amended
by chapter 524 of the laws of 2008, is amended to read as follows:
5. No money or other financial resources shall be transferred or
temporarily loaned from one fund to another without specific statutory
authorization for such transfer or temporary loan, except that [the]
S. 56--A 211 A. 156--A
MONEY OR OTHER FINANCIAL RESOURCES OF A FUND MAY BE TEMPORARILY LOANED
TO THE GENERAL FUND DURING THE STATE FISCAL YEAR PROVIDED THAT SUCH LOAN
SHALL BE REPAID IN FULL NO LATER THAN (A) FOUR MONTHS AFTER IT WAS MADE
OR (B) BY THE END OF THE SAME FISCAL YEAR IN WHICH IT WAS MADE, WHICHEV-
ER PERIOD IS SHORTER, SO THAT AN ACCURATE ACCOUNTING AND REPORTING OF
THE BALANCE OF FINANCIAL RESOURCES IN EACH FUND MAY BE MADE. THE comp-
troller is hereby authorized to temporarily loan money from the general
fund or any other fund to the fund/accounts that are authorized to
receive a loan. Such loans shall be limited to the amounts immediately
required to meet disbursements, made in pursuance of an appropriation by
law and authorized by a certificate of approval issued by the director
of the budget with copies thereof filed with the comptroller and the
chair of the senate finance committee and the chair of the assembly ways
and means committee. The director of the budget shall not issue such a
certificate unless he or she shall have determined that the amounts to
be so loaned are receivable on account. When making loans, the comp-
troller shall establish appropriate accounts and if the loan is not
repaid by the end of the month, provide on or before the fifteenth day
of the following month to the director of the budget, the chair of the
senate finance committee and the chair of the assembly ways and means
committee, an accurate accounting and report of the financial resources
of each such fund at the end of such month. Within ten days of the
receipt of such accounting and reporting, the director of the budget
shall provide the comptroller and the chair of the senate finance
committee and the chair of the assembly ways and means committee an
expected schedule of repayment by fund and by source for each outstand-
ing loan. Repayment shall be made by the comptroller from the first cash
receipt of this fund.
S 17. Subdivision (b) of section 1 of part P of chapter 57 of the laws
of 2007, providing funding for certain community projects is REPEALED.
S 18. Subdivision (a) of section 2 and section 3 of part MM of chapter
59 of the laws of 2008, amending chapter 57 of the laws of 2007, provid-
ing funding for certain community projects, relating to increasing such
funding, are REPEALED.
S 19. In accordance with section 4 of the state finance law, upon
request of the director of the budget, the comptroller is hereby author-
ized and directed to transfer from the community projects fund to the
general fund - state purposes account on or before March 31, 2010 the
following amounts:
Forty-five million dollars ($45,000,000) as follows: twenty-two
million five-hundred thousand dollars ($22,500,000) from account AA and
twenty-two million five-hundred thousand dollars ($22,500,000) from
account CC."
S 20. The comptroller is authorized and directed to deposit to the
general fund-state purposes account reimbursements from moneys appropri-
ated or reappropriated to the correctional facilities capital improve-
ment fund (399) by a chapter of the laws of 2009. Reimbursements shall
be available for spending from appropriations made to the department of
correctional services in the general fund-state purposes account by a
chapter of the laws of 2009 for costs associated with the administration
and security of capital projects and for other costs which are attribut-
able, according to a plan, to such capital projects.
S 21. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit,
to the credit of the capital projects fund, reimbursement from the
proceeds of notes and bonds issued by the environmental facilities
S. 56--A 212 A. 156--A
corporation for a capital appropriation for $22,404,000 authorized by
chapter 55 of the laws of 1999 to the department of environmental
conservation for payment of a portion of the state's match for federal
capitalization grants for the water pollution control revolving loan
fund, reimbursements for spending from various appropriations for
projects related to the New York city watershed, reimbursement from the
proceeds of notes and bonds issued by the environmental facilities
corporation for a capital appropriation for $22,500,000 authorized by
chapter 55 of the laws of 1999 to the environmental facilities corpo-
ration for payment for the jobs two thousand pipeline for jobs program,
reimbursement from the proceeds of notes and bonds issued by the dormi-
tory authority of the state of New York for a capital appropriation for
$47,500,000 authorized by chapter 55 of the laws of 1999 to the office
of science, technology and academic research for payment for the jobs
two thousand capital facilities program, reimbursement from the proceeds
of notes and bonds issued by the dormitory authority of the state of New
York for a capital appropriation for $145,000,000 authorized by chapter
53 of the laws of 1999 to the state education department for payment of
capital construction grants to school districts pursuant to the rebuild-
ing schools to uphold education program, and reimbursement from the
proceeds of notes and bonds issued by the urban development corporation
for a capital appropriation for $25,000,000 authorized by chapter 55 of
the laws of 1999 to all state agencies for payment of costs related to
economic development, land acquisition, and heritage trail projects.
S 22. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit,
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $43,383,000 authorized by chapter
55 of the laws of 2000 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, to reimburse
spending from various appropriations for certain projects related to the
New York city watershed, reimbursement from the proceeds of notes and
bonds issued by the urban development corporation for capital appropri-
ation for $15,000,000 authorized by chapter 55 of the laws of 2000 to
the urban development corporation for payment of costs related to a
sports facility in the city of Rochester, reimbursement from the
proceeds of notes and bonds issued by the urban development corporation
of the state of New York for a capital appropriation for $50,000,000
authorized by chapter 55 of the laws of 2000 to the urban development
corporation for payment of costs related to economic development
projects in the downtown Buffalo, the Buffalo inner harbor area, or
surrounding environs, reimbursement from proceeds of notes and bonds
issued by the dormitory authority of the state of New York for a capital
appropriation for $225,000,000 authorized by chapter 55 of the laws of
2000 to all state agencies for payment of costs related to the strategic
investment program, reimbursement from the proceeds of notes and bonds
issued by the dormitory authority of the state of New York for a capital
appropriation for $50,000,000 authorized by chapter 53 of the laws of
2000 to the state education department for payment of capital
construction grants to school districts pursuant to the rebuilding
schools to uphold education program, for reimbursement from the proceeds
of notes and bonds issued by the dormitory authority of the state of New
York for a capital appropriation for $15,000,000 authorized by chapter
53 of the laws of 2000 to the office of children and family services for
S. 56--A 213 A. 156--A
payment of costs related to the child care facilities development
program, and for reimbursement from the proceeds of notes and bonds
issued by the dormitory authority of the state of New York for a capital
appropriation for $10,000,000 authorized by chapter 55 of the laws of
2000 to the office of science, technology and academic research for
payment of costs related to biomedical research and/or manufacturing
facilities.
S 23. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,772,000 authorized by chapter
54 of the laws of 2001 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund.
S 24. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit,
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,365,000 authorized by chapter
54 of the laws of 2002 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes and bonds issued by the urban develop-
ment corporation or other financing source for a capital appropriation
for $89,000,000 authorized by chapter 50 of the laws of 2002 to the
office of general services for payment of capital construction costs for
the Alfred E. Smith office building located in the city of Albany,
reimbursement from the proceeds of notes and bonds issued by the urban
development corporation or other financing source for capital appropri-
ations for $1,500,000 authorized by chapter 50 of the laws of 2002 to
the office of general services for payment of capital construction costs
for the Elk street parking garage building located in the city of Alba-
ny, reimbursement from the proceeds of notes or bonds issued by the
urban development corporation for disbursements of up to $12,000,000
from any capital appropriation or reappropriation authorized by chapter
50 of the laws of 2002 to the office of general services for various
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for a capital appropriation of
$13,250,000 authorized by chapter 55 of the laws of 2002 to the energy
research and development authority for the Western New York Nuclear
Service Center at West Valley, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $14,300,000 authorized by chapter 55 of the laws of
2002 to the urban development corporation to finance a portion of the
jobs now program, reimbursement from the proceeds of notes or bonds
issued by the dormitory authority for disbursements of up to $20,800,000
from any capital appropriation or reappropriation authorized by chapter
51 of the laws of 2002 to the judiciary for courthouse improvements,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for disbursements of up to $15,000,000 from
appropriations or reappropriations authorized by chapter 50 of the laws
of 2002 to any agency for costs related to homeland security, and
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
S. 56--A 214 A. 156--A
authorized by chapter 54 of the laws of 2002 to the department of envi-
ronmental conservation for Onondaga lake.
S 25. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $30,174,000 authorized by chapter
55 of the laws of 2003 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation or other financing source for a capital appropriation of
$19,500,000 authorized by chapter 50 of the laws of 2003 to the office
50 of general services for payment of capital construction costs for the
51 Elk street parking garage building located in the city of Albany,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for disbursements of up to $10,000,000 from any
capital appropriation or reappropriation authorized by chapter 50 of the
laws of 2003 to the office of general services for various purposes,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $13,250,000
authorized by chapter 55 of the laws of 2003 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the dormitory authority for disbursements of up to $16,400,000 from any
capital appropriation or reappropriation authorized by chapter 51 of the
laws of 2003 to the judiciary for courthouse improvements, reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $10,000,000 from appropriations
or reappropriations authorized by chapter 50 of the laws of 2003 to any
agency for costs related to homeland security, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $10,000,000 authorized by chapter
55 of the laws of 2003 to the department of environmental conservation
for Onondaga lake, reimbursement from the proceeds of notes or bonds
issued by the environmental facilities corporation for disbursements of
up to $11,000,000 from any capital appropriations or reappropriations
authorized by chapter 55 of the laws of 2003 to the department of envi-
ronmental conservation for environmental purposes, and reimbursement
from the proceeds of notes or bonds issued by the dormitory authority
for disbursements of up to $100,000,000 from a capital appropriation
authorized by chapter 50 of the laws of 2003 to the department of state
for enhanced 911 wireless service.
S 26. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $28,893,000 authorized by chapter
55 of the laws of 2004 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by reimbursement from
the proceeds of notes or bonds issued by the urban development corpo-
ration for disbursements of up to $10,000,000 from any capital appropri-
ation or reappropriation authorized by chapter 50 of the laws of 2004 to
the office of general services for various purposes, reimbursement from
S. 56--A 215 A. 156--A
the proceeds of notes or bonds issued by the environmental facilities
corporation for a capital appropriation of $11,350,000 authorized by
chapter 55 of the laws of 2004 to the energy research and development
authority for the Western New York Nuclear Service Center at West
Valley, reimbursement from the proceeds of notes or bonds issued by the
environmental facilities corporation, for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2004 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $11,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2004 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the dormitory authority for a capital appropriation of
$80,000,000 authorized by chapter 53 of the laws of 2004 to the educa-
tion department for capital transition grants for transportation,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority for a capital appropriation of $250,000,000 authorized by
chapter 55 of the laws of 2004 for payment of costs related to economic
development projects and reimbursement from the proceeds of notes or
bonds issued by the dormitory authority for a capital appropriation of
$350,000,000 authorized by chapter 3 of the laws of 2004 for the New
York state economic development program.
S 27. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,602,000 authorized by chapter
55 of the laws of 2005 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $10,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2005 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $11,350,000
authorized by chapter 55 of the laws of 2005 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2005 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $11,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2005 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for a capital appropriation
of $350,000,000 authorized by chapter 55 of the laws of 2005 for the
Javits center, reimbursement from the proceeds of notes or bonds issued
by the dormitory authority for a capital appropriation of $90,000,000
authorized by chapter 62 of the laws of 2005 for regional development,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority for a capital appropriation of $250,000,000 authorized by
chapter 62 of the laws of 2005 for technology and development,
S. 56--A 216 A. 156--A
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for a capital appropriation of $75,000,000
authorized by chapter 162 of the laws of 2005 for the New York state
economic development program, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $150,000,000 authorized by chapter 62 of the laws of
2005 for the higher education facilities capital matching grants
program, reimbursement from the proceeds of notes or bonds issued by the
dormitory authority or other financing source for a capital appropri-
ation of $4,000,000 authorized by chapter 50 of the laws of 2005 to the
office of general services for payment of capital construction costs for
the Elk street parking garage building located in the city of Albany,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for a capital appropriation of $15,000,000
authorized by chapter 53 of the laws of 2005 to the state education
department for payment of capital construction costs for public broad-
casting facilities, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for a capital appropriation
of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-
sion of state police for public protection facilities, and reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for capital disbursements of up to $3,000,000 from any capi-
tal appropriation or reappropriation authorized by chapter 50 of the
laws of 2005 to the division of military and naval affairs for various
purposes.
S 28. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,600,000 authorized by chapter
55 of the laws of 2006 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $20,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2006 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $14,000,000
authorized by chapter 55 of the laws of 2006 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2006 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $12,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2006 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000 from any capital appropriation or reappropriation
authorized by chapter 50 of the laws of 2006 to the division of military
and naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds issued by the urban development corporation for
disbursements of up to $12,400,000 from any capital appropriation or
S. 56--A 217 A. 156--A
reappropriation authorized by chapter 50 of the laws of 2006 to the
division of state police for public protection facilities, reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $117,000,000 authorized by
chapter 50 of the laws of 2006 to all state departments and agencies for
the purchase of equipment, reimbursement from the proceeds of notes or
bonds issued by the dormitory authority or the urban development corpo-
ration for all or a portion of capital appropriations of $603,050,000
authorized by chapter 108 of the laws of 2006 to the urban development
corporation for economic development/other projects, reimbursement from
the proceeds of notes or bonds issued by the urban development corpo-
ration for a capital appropriation of $269,500,000 authorized by chapter
108 of the laws of 2006 to the dormitory authority or the urban develop-
ment corporation for economic development projects, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority or the
urban development corporation for a capital appropriation of
$201,500,000 authorized by chapter 108 of the laws of 2006 to the urban
development corporation for university development projects, reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity or for a capital appropriation of $143,000,000 authorized by chapter
108 of the laws of 2006 to the urban development corporation for
cultural facilities projects, reimbursement from the proceeds of notes
or bonds issued by the dormitory authority or the urban development
corporation for capital appropriations totaling $60,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development corporation
for energy/environmental projects, reimbursement from the proceeds of
notes or bonds issued by the dormitory authority or the urban develop-
ment corporation for a capital appropriation of $20,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development corporation
for a competitive solicitation for construction of a pilot cellulosic
ethanol refinery, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for a capital appropriation
of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
development corporation for services and expenses related to infrastruc-
ture for a new stadium in Queens county, and reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for a capital appropriation of $74,700,000 authorized by chapter 55 of
the laws of 2006 to the urban development corporation for services and
expenses related to infrastructure improvements to construct a new park-
ing facility at a new stadium in Bronx county, reimbursement from the
proceeds of notes and bonds issued by the environmental facilities
corporation for a capital appropriation for $5,000,000 authorized by
chapter 55 of the laws of 2006 to the environmental facilities corpo-
ration for payment for the pipeline for jobs program, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority for
capital disbursements of up to $14,000,000 from any capital appropri-
ation or reappropriation authorized by chapter 53 of the laws of 2006
for the library construction purpose, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory authority for an appropriation of $2,000,000 authorized by chapter
53 of the laws of 2006 for a Cornell equine drug testing laboratory,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation or the dormitory authority for an appropriation
of $1,200,000 authorized by chapter 53 of the laws of 2006 for the towns
of Bristol and Canandaigua public water systems, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
S. 56--A 218 A. 156--A
or the dormitory authority for an appropriation of $5,500,000 authorized
by chapter 53 of the laws of 2006 for Belleayre mountain ski center,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation or the dormitory authority for an appropriation
of $25,000,000 authorized by chapter 53 of the laws of 2006 for the town
of Smithtown/Kings Park psychiatric center rehabilitation, reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation or the dormitory authority for an appropriation of
$5,000,000 authorized by chapter 108 of the laws of 2006 for a state of
New York umbilical cord bank, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation or the dormitory
authority for an appropriation of $5,500,000 authorized by chapter 53 of
the laws of 2006 for an Old Gore mountain ski bowl connection,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation or the dormitory authority for an appropriation
of $2,000,000 authorized by chapter 53 of the laws of 2006 for a Fredo-
nia vineyard laboratory, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation or the dormitory
authority for an appropriation of $99,500,000 authorized by chapter 108
of the laws of 2006 to the office for technology for payment of capital
construction costs for a consolidated data center, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority or the
urban development corporation for an appropriation of $40,000,000
authorized by chapter 108 of the laws of 2006 for a food testing labora-
tory, reimbursement from the proceeds of notes or bonds issued by the
New York state thruway authority for an appropriation of $22,000,000
authorized by chapter 108 of the laws of 2006 to the department of
transportation for high speed rail, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for capital
disbursements of up to $500,000,000 from an appropriation authorized by
chapter 108 of the laws of 2006 to the urban development corporation for
development of a semiconductor manufacturing facility, reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation of up to $150,000,000 from an appropriation authorized by
chapter 108 of the laws of 2006 to the urban development corporation for
research and development activities of a semiconductor manufacturer, and
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for capital disbursements of up to $300,000,000
from an appropriation to the urban development corporation authorized by
chapter 108 of the laws of 2006 for community revitalization projects.
S 29. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,600,000 authorized by chapter
55 of the laws of 2007 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up to $20,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2007 to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds issued by the environmental
facilities corporation for a capital appropriation of $13,500,000
authorized by chapter 55 of the laws of 2007 to the energy research and
development authority for the Western New York Nuclear Service Center at
S. 56--A 219 A. 156--A
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2007 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by the environmental facilities
corporation for disbursements of up to $12,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the laws
of 2007 to the department of environmental conservation for environ-
mental purposes, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000 from any capital appropriation or reappropriation
authorized by chapter 50 of the laws of 2007 to the division of military
and naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds issued by the urban development corporation for
disbursements from a capital appropriation of $50,000,000 authorized by
chapter 50 of the laws of 2007 to the division of state police for
construction of a Troop G facility, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for disburse-
ments from a capital appropriation of $6,000,000 authorized by chapter
50 of the laws of 2007 to the division of state police for construction
of evidence storage facilities, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital appro-
priations totaling $77,900,000 authorized by chapter 51 of the laws of
2007 to the judiciary for court training facilities and courthouse
improvement projects, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for a capital appropriation
of $20,000,000 authorized by chapter 50 of the laws of 2007 to all state
departments and agencies for the purchase of equipment, reimbursement
from the proceeds of notes or bonds issued by the dormitory authority
for capital disbursements of up to $14,000,000 from any capital appro-
priation or reappropriation authorized by chapter 53 of the laws of 2007
for library construction, reimbursement from the proceeds of notes or
bonds issued by the dormitory authority for capital disbursements of up
to $60,000,000 from any capital appropriation or reappropriation author-
ized by chapter 53 of the laws of 2007 for cultural education storage
facilities, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$15,000,000 from any capital appropriation or reappropriation authorized
by chapter 55 of the laws of 2007 for the Roosevelt Island Operating
Corporation aerial tramway, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital disburse-
ments of up to $20,000,000 from any capital appropriation or reappropri-
ation authorized by chapter 55 of the laws of 2007 for Governor's
Island, reimbursement from the proceeds of notes or bonds issued by the
urban development corporation for capital disbursements of up to
$7,500,000 from any capital appropriation or reappropriation authorized
by chapter 55 of the laws of 2007 for Harriman research and technology
park, reimbursement from the proceeds of notes or bonds issued by the
urban development corporation for capital disbursements of up to
$7,950,000 from any capital appropriation or reappropriation authorized
by chapter 55 of the laws of 2007 for USA Niagara, and reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for capital disbursements of up to $1,300,000 from appropri-
ations authorized by chapter 50 of the laws of 2007 made to the office
of general services for legislative office building hearing rooms.
S. 56--A 220 A. 156--A
S 30. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,600,000 authorized by chapter
55 of the laws of 2008 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $141,000,000 authorized by
chapter 50 of the laws of 2008 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for disbursements of up to $45,500,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the laws of 2008 to the
office of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $13,500,000 authorized by chapter
55 of the laws of 2008 to the energy research and development authority
for the Western New York Nuclear Service Center at West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2008 to the department of envi-
ronmental conservation for Onondaga lake, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by chapter 55 of the laws of 2008
to the department of environmental conservation for environmental
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation authorized
by chapter 50 of the laws of 2008 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $11,000,000 authorized by chapter 50 of the laws of
2008 to the office for technology for the costs of development of inter-
im data center facilities, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for a capital appro-
priation of $10,000,000 authorized by chapter 50 of the laws of 2008 to
the office for technology for activities related to broadband service,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for a capital appropriation of $6,000,000
authorized by chapter 50 of the laws of 2008 to the division of state
police for rehabilitation of facilities, reimbursement from the proceeds
and notes or bonds issued by the Dormitory Authority of the State of New
York or other financing source for a capital appropriation authorized by
chapter 55 of the laws of 2008 for $14,000,000 to the education depart-
ment for library construction, reimbursement from the proceeds and notes
or bonds issued by the Dormitory Authority of the State of New York or
other financing source for a capital appropriation authorized by chapter
55 of the laws of 2008 for $12,585,000 to the education department for
state records center expansion, reimbursement from the proceeds and
notes or bonds issued by the Dormitory Authority of the State of New
York or other financing source for a capital appropriation authorized by
chapter 55 of the laws of 2008 for $15,000,000 to the education depart-
ment for museum renewal project, reimbursement from the proceeds of
S. 56--A 221 A. 156--A
notes or bonds issued by the urban development corporation for capital
appropriation of $50,000,000 authorized by chapter 53 of the laws of
2008 to the urban development corporation for services and expenses
related to the investment opportunity fund, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for capital appropriation of $30,000,000 authorized by chapter 53 of the
laws of 2008 to the urban development corporation for services and
expenses related to arts and cultural projects, reimbursement from the
proceeds of bonds or notes issued by the urban development corporation
for a capital appropriation of $35,000,000 authorized by chapter 53 of
the laws of 2008 for economic and community development projects,
reimbursement from the proceeds of bonds or notes issued by the urban
development corporation for a capital appropriation of $30,000,000
authorized by chapter 53 of the laws of 2008 for New York City water-
front development projects, reimbursement from the proceeds of bonds or
notes issued by the urban development corporation for a capital appro-
priation of $45,000,000 authorized by chapter 53 of the laws of 2008 for
luther forest infrastructure projects, reimbursement from the proceeds
of notes or bonds issued by the urban development corporation for capi-
tal appropriation of $35,000,000 authorized by chapter 53 of the laws of
2008 to the urban development corporation for services and expenses
related to downstate regional projects, reimbursement from the proceeds
of notes or bonds issued by the urban development corporation for capi-
tal appropriation of $145,000,000 authorized by chapter 53 of the laws
of 2008 to the urban development corporation for services and expenses
related to upstate city-by-city projects, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for capital appropriation of $35,000,000 authorized by chapter 53 of the
laws of 2008 to the urban development corporation for services and
expenses related to the downstate revitalization projects, reimbursement
from the proceeds of notes or bonds issued by the urban development
corporation for capital appropriation of $120,000,000 authorized by
chapter 53 of the laws of 2008 to the urban development corporation for
services and expenses related to the upstate regional blueprint fund,
reimbursement from the proceeds of notes or bonds issued by the urban
development corporation for capital appropriation of $40,000,000 author-
ized by chapter 53 of the laws of 2008 to the urban development corpo-
ration for services and expenses related to the upstate agricultural
economic development fund, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital appropri-
ation of $350,000,000 authorized by chapter 53 of the laws of 2008 to
the urban development corporation for services and expenses related to
the New York state capital assistance program, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for capital appropriation of $350,000,000 authorized by chapter 53 of
the laws of 2008 to the urban development corporation for services and
expenses related to the New York state economic development assistance
program, and reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital appropriation of
$20,000,000 authorized by chapter 55 of the laws of 2008 to the urban
development corporation for services and expenses related to the empire
state economic development fund.
S 31. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the capital projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
S. 56--A 222 A. 156--A
ration for a capital appropriation for $29,600,000 authorized by a chap-
ter of the laws of 2009 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $129,800,000 authorized by a
chapter of the laws of 2009 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban development corporation
for disbursements of up to $24,000,000 from any capital appropriation or
reappropriation authorized by a chapter of the laws of 2009 to the
office of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $13,500,000 authorized by a chap-
ter of the laws of 2009 to the energy research and development authority
for the Western New York Nuclear Service Center at West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by a chapter of the laws of 2009 to the department of envi-
ronmental conservation for Onondaga lake, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by a chapter of the laws of 2009
to the department of environmental conservation for environmental
purposes, reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation authorized
by a chapter of the laws of 2009 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for a capital
appropriation of $6,000,000 authorized by a chapter of the laws of 2009
to the division of state police for rehabilitation of facilities,
reimbursement from the proceeds and notes or bonds issued by the Dormi-
tory Authority of the State of New York or other financing source for a
capital appropriation for $14,000,000 to the State Education Department
for library construction, reimbursement from the proceeds and notes or
bonds issued by the Dormitory Authority of the State of New York or
other financing source for a capital appropriation for $4,000,000 to the
State Education Department for rehabilitation associated with the St.
Regis Mohawk elementary school authorized by a chapter of the laws of
2009 and reimbursement from the proceeds of notes or bonds issued by the
urban development corporation for capital appropriation of $25,000,000
authorized by a chapter of the laws of 2009 to the urban development
corporation for services and expenses related to the empire state
economic development fund.
S 32. Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the city university special revenue fund (377),
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry Authority of the State of New York for capital disbursements of up to
$20,000,000 from any appropriation or reappropriation authorized by a
chapter of the laws of 2009 to the city university of New York for vari-
ous purposes.
S 33. Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services fund debt service
S. 56--A 223 A. 156--A
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical care facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene for the purpose of making
payments to the dormitory authority of the state of New York for the
amount of the earnings for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal income taxation on the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. On or before June 30, 2010, such agency shall
certify to the state comptroller its determination of the amounts
received in the mental health services fund as a result of the invest-
ment of monies deposited therein that will or may have to be rebated to
the federal government pursuant to the provisions of the internal reven-
ue code of 1986, as amended.
S 34. (1) Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller shall at the commencement of each month
certify to the director of the budget, the commissioner of environmental
conservation, the chair of the senate finance committee, and the chair
of the assembly ways and means committee the amounts disbursed from all
appropriations for hazardous waste site remediation disbursements for
the month preceding such certification.
(2) Notwithstanding any law to the contrary, prior to the issuance by
the comptroller of bonds authorized pursuant to subdivision a of section
4 of the environmental quality bond act of nineteen hundred eighty-six,
as enacted by chapter 511 of the laws of 1986, disbursements from all
appropriations for that purpose shall first be reimbursed from moneys
credited to the hazardous waste remedial fund, site investigation and
construction account, to the extent moneys are available in such
account. For purposes of determining moneys available in such account,
the commissioner of environmental conservation shall certify to the
comptroller the amounts required for administration of the hazardous
waste remedial program.
(3) The comptroller is hereby authorized and directed to transfer any
balance above the amounts certified by the commissioner of environmental
conservation to reimburse disbursements pursuant to all appropriations
from such site investigation and construction account; provided, howev-
er, that if such transfers are determined by the comptroller to be
insufficient to assure that interest paid to holders of state obli-
gations issued for hazardous waste purposes pursuant to the environ-
mental quality bond act of nineteen hundred eighty-six, as enacted by
chapter 511 of the laws of 1986, is exempt from federal income taxation,
the comptroller is hereby authorized and directed to transfer, from such
site investigation and construction account to the general fund, the
amount necessary to redeem bonds in an amount necessary to assure the
continuation of such tax exempt status. Prior to the making of any such
transfers, the comptroller shall notify the director of the budget of
the amount of such transfers.
S 35. Section 69-c of the state finance law, as amended by section 34
of part RR of chapter 57 of the laws of 2008, is amended to read as
follows:
S. 56--A 224 A. 156--A
S 69-c. Variable rate bonds. Notwithstanding any other provision of
law to the contrary, any State-supported debt may be issued as variable
rate bonds.
Notwithstanding any other provision of law to the contrary, for
purposes of calculating the present value of debt service and calculat-
ing savings in connection with the issuance of refunding indebtedness,
(i) the effective interest rate and debt service payable on variable
rate bonds in connection with which, and to the extent that, an author-
ized issuer has entered into an interest rate exchange or similar agree-
ment pursuant to which the authorized issuer makes payments based on a
fixed rate and receives payments based on a variable rate that is
reasonably expected by such authorized issuer to be equivalent over time
to the variable rate paid on the related variable rate bonds, shall be
calculated assuming that the rate of interest on such variable rate
bonds is the fixed rate payable by the authorized issuer on such inter-
est rate exchange or similar agreement for the scheduled term of such
agreement; (ii) the effective interest rate and debt service on variable
rate bonds in connection with which, and to the extent that, an author-
ized issuer has not entered into such an interest rate exchange or simi-
lar agreement shall be calculated assuming that interest on such vari-
able interest rate bonds is payable at a rate or rates reasonably
assumed by the authorized issuer; (iii) the effective interest rate and
debt service on any bonds subject to optional or mandatory tender shall
be a rate or rates reasonably assumed by the authorized issuer; [and]
(iv) ANY VARIABLE RATE BONDS THAT ARE CONVERTED OR REFUNDED TO A FIXED
RATE, WHETHER OR NOT FINANCED ON AN INTERIM BASIS WITH BOND ANTICIPATION
NOTES, SHALL BE ASSUMED TO GENERATE A PRESENT VALUE SAVINGS; AND (V)
otherwise, the effective interest rate and debt service on any bonds
shall be calculated at a rate or rates reasonably assumed by the author-
ized issuer. Notwithstanding any other provision of law to the contrary,
for calculating the present value of debt service and calculating
savings in connection with the issuance of refunding indebtedness, the
refunding of variable rate debt instruments with new variable rate debt
instruments shall be excluded from any such requirements, if effectuated
for sound business purposes.
S 36. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 35 of part RR of chapter 57 of
the laws of 2008, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any bonds for state
university educational facilities purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on and after July first, nineteen
hundred eighty-eight for state university educational facilities will
exceed [eight] TEN billion [five hundred eighty-three] EIGHTY-NINE
million dollars; provided, however, that bonds issued or to be issued
shall be excluded from such limitation if: (1) such bonds are issued to
refund state university construction bonds and state university
construction notes previously issued by the housing finance agency; or
(2) such bonds are issued to refund bonds of the authority or other
obligations issued for state university educational facilities purposes
and the present value of the aggregate debt service on the refunding
bonds does not exceed the present value of the aggregate debt service on
the bonds refunded thereby; provided, further that upon certification by
the director of the budget that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two and
S. 56--A 225 A. 156--A
March thirty-first, nineteen hundred ninety-three will generate long
term economic benefits to the state, as assessed on a present value
basis, such issuance will be deemed to have met the present value test
noted above. For purposes of this subdivision, the present value of the
aggregate debt service of the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest cost of the refunding bonds, which shall be that rate arrived
at by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding bonds
from the payment dates thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds, including interest
accrued thereon prior to the issuance thereof. The maturity of such
bonds, other than bonds issued to refund outstanding bonds, shall not
exceed the weighted average economic life, as certified by the state
university construction fund, of the facilities in connection with which
the bonds are issued, and in any case not later than the earlier of
thirty years or the expiration of the term of any lease, sublease or
other agreement relating thereto; provided that no note, including
renewals thereof, shall mature later than five years after the date of
issuance of such note. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the state university of New York, and the state university construction
fund are prohibited from covenanting or making any other agreements with
or for the benefit of bondholders which might in any way affect such
right.
S 37. Paragraph j of subdivision 2 of section 1680 of the public
authorities law, as amended by section 36 of part RR of chapter 57 of
the laws of 2008, is amended to read as follows:
j. Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two for a housing unit for the use of
students at a state-operated institution or statutory or contract
college under the jurisdiction of the state university of New York shall
be one billion [one] TWO hundred [fifty] THIRTY million dollars. Such
amount shall be exclusive of bonds and notes issued to fund any reserve
fund or funds, costs of issuance, and to refund any outstanding bonds
and notes relating to a housing unit under the jurisdiction of the state
university of New York.
S 38. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 37 of part RR of chapter 57 of the laws of 2008,
is amended to read as follows:
10-a. Subject to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be [four] FIVE hundred
[sixty-six] THIRTY-SIX million dollars. Such amount shall be exclusive
of bonds and notes issued to fund any reserve fund or funds, costs of
issuance and to refund any outstanding bonds and notes, issued on behalf
of the state, relating to a locally sponsored community college.
S 39. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 38 of part RR of chapter 57 of
the laws of 2008, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall not deliver a series of
bonds for city university community college facilities, except to refund
S. 56--A 226 A. 156--A
or to be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of the
dormitory authority adopted before July first, nineteen hundred eighty-
five or any resolution supplemental thereto, if the principal amount of
bonds so to be issued when added to all principal amounts of bonds
previously issued by the dormitory authority for city university commu-
nity college facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii) the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college facilities,
pursuant to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except to refund or to be
substituted for or in lieu of other bonds in relation to city university
facilities and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to be issued when added to the principal amount of bonds previously
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other bonds in relation to city
university facilities, will exceed six billion [one] EIGHT hundred
[eighteen] FORTY-THREE million two hundred thousand dollars. The legis-
lature reserves the right to amend or repeal such limit, and the state
of New York, the dormitory authority, the city university, and the fund
are prohibited from covenanting or making any other agreements with or
for the benefit of bondholders which might in any way affect such right.
S 40. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 39 of part RR of chapter 57 of the laws of 2008,
is amended to read as follows:
1. The dormitory authority is authorized to issue bonds, at the
request of the commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified by such commissioner not to
exceed a total principal amount of [forty-two] FIFTY-SIX million
dollars.
S 41. Subdivision 1 of section 1680-m of the public authorities law,
as amended by section 40 of part RR of chapter 57 of the laws of 2008,
is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the authority and the urban development corporation are hereby author-
ized to issue bonds or notes in one or more series for the purpose of
funding project costs for construction and rehabilitation associated
with the cultural education facilities AND THE ST. REGIS MOHAWK ELEMEN-
TARY SCHOOL. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed [eighty-seven] NINETY-
ONE million five hundred eighty-five thousand dollars, excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
authority and the urban development corporation shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the authority for principal, interest, and related expenses pursuant to
a service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
S. 56--A 227 A. 156--A
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
S 42. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 41 of part RR of chapter 57 of the laws of 2008,
is amended to read as follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing environmental infrastructure projects authorized by this
section shall be [six] SEVEN hundred [ninety-eight] EIGHTY-SEVEN million
FIVE HUNDRED THOUSAND dollars, exclusive of bonds issued to fund any
debt service reserve funds, pay costs of issuance of such bonds, and
bonds or notes issued to refund or otherwise repay bonds or notes previ-
ously issued. Such bonds and notes of the corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by the
state to the corporation for debt service and related expenses pursuant
to any service contracts executed pursuant to subdivision one of this
section, and such bonds and notes shall contain on the face thereof a
statement to such effect.
S 43. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, providing for the administration of certain funds and
accounts related to the 2005-2006 budget, as amended by section 42 of
part RR of chapter 57 of the laws of 2008, is amended to read as
follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed
[$108,100,000] $114,100,000, excluding bonds issued to finance one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise repay such bonds or
notes previously issued, for the purpose of financing capital projects
for division of state police facilities, debt service and leases; and to
reimburse the state general fund for disbursements made therefor. Such
bonds and notes of such authorized issuer shall not be a debt of the
state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
such authorized issuer for debt service and related expenses pursuant to
any service contract executed pursuant to subdivision (b) of this
section and such bonds and notes shall contain on the face thereof a
statement to such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
S 44. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, providing for the administration of certain funds and
accounts related to the 2002-2003 budget, as amended by section 43 of
part RR of chapter 57 of the laws of 2008, is amended to read as
follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000[,] but
notwithstanding the provisions of section 18 of the urban development
corporation act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed $25,000,000 excluding bonds issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes previ-
ously issued, for the purpose of financing capital costs related to
homeland security for the division of state police, the division of
S. 56--A 228 A. 156--A
military and naval affairs, and any other state agency, including the
reimbursement of any disbursements made from the state capital projects
fund, and is hereby authorized to issue bonds or notes in one or more
series in an aggregate principal amount not to exceed [$128,800,000]
$155,800,000, excluding bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued, for the purpose of financing improvements to State office build-
ings and other facilities located statewide, including the reimbursement
of any disbursements made from the state capital projects fund. Such
bonds and notes of the corporation shall not be a debt of the state, and
the state shall not be liable thereon, nor shall they be payable out of
any funds other than those appropriated by the state to the corporation
for debt service and related expenses pursuant to any service contracts
executed pursuant to subdivision (b) of this section, and such bonds and
notes shall contain on the face thereof a statement to such effect.
Except for purposes of complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to pay debt
service on such bonds.
S 45. Subdivision 4 of section 66-b of the state finance law, as
amended by section 44 of part RR of chapter 57 of the laws of 2008, is
amended to read as follows:
4. Subject to the provisions of chapter fifty-nine of the laws of two
thousand, but notwithstanding any other provisions of law to the contra-
ry, the maximum amount of certificates of participation or similar
instruments representing periodic payments due from the state of New
York, issued on behalf of state departments and agencies, the city
university of New York and any other state entity otherwise specified
after March thirty-first, two thousand three shall be [four] FIVE
hundred [thirty-four] SIXTY-FOUR million dollars. Such amount shall be
exclusive of certificates of participation or similar instruments issued
to fund a reserve fund or funds, costs of issuance and to refund
outstanding certificates of participation.
S 46. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, providing for the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 46 of part RR of chapter 57 of the laws of 2008, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed five billion [five] EIGHT
hundred [eleven] THIRTY-SEVEN million [four] EIGHT hundred thousand
dollars [$5,511,400,000] $5,837,800,000, and shall include all bonds,
notes and other obligations issued pursuant to chapter 56 of the laws of
1983, as amended or supplemented. The proceeds of such bonds, notes or
other obligations shall be paid to the state, for deposit in the correc-
tional facilities capital improvement fund to pay for all or any portion
of the amount or amounts paid by the state from appropriations or reap-
propriations made to the department of correctional services from the
correctional facilities capital improvement fund for capital projects.
The aggregate amount of bonds, notes or other obligations authorized to
be issued pursuant to this section shall exclude bonds, notes or other
obligations issued to refund or otherwise repay bonds, notes or other
obligations theretofore issued, the proceeds of which were paid to the
S. 56--A 229 A. 156--A
state for all or a portion of the amounts expended by the state from
appropriations or reappropriations made to the department of correction-
al services; provided, however, that upon any such refunding or repay-
ment the total aggregate principal amount of outstanding bonds, notes or
other obligations may be greater than five billion [five] EIGHT hundred
[eleven] THIRTY-SEVEN million [four] EIGHT hundred thousand dollars
[$5,511,400,000] $5,837,800,000, only if the present value of the aggre-
gate debt service of the refunding or repayment bonds, notes or other
obligations to be issued shall not exceed the present value of the
aggregate debt service of the bonds, notes or other obligations so to be
refunded or repaid. For the purposes hereof, the present value of the
aggregate debt service of the refunding or repayment bonds, notes or
other obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded or repaid, shall be calculated by
utilizing the effective interest rate of the refunding or repayment
bonds, notes or other obligations, which shall be that rate arrived at
by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding or
repayment bonds, notes or other obligations from the payment dates ther-
eof to the date of issue of the refunding or repayment bonds, notes or
other obligations and to the price bid including estimated accrued
interest or proceeds received by the corporation including estimated
accrued interest from the sale thereof.
S 47. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 47 of part RR of chapter 57
of the laws of 2008, is amended to read as follows:
(a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making capital appropri-
ations or reappropriations for the purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding two billion [two] FOUR hundred
[ninety-one] TWENTY-SEVEN million [nine] ONE hundred forty-one thousand
dollars, plus a principal amount of bonds issued to fund the debt
service reserve fund in accordance with the debt service reserve fund
requirement established by the agency and to fund any other reserves
that the agency reasonably deems necessary for the security or marketa-
bility of such bonds and to provide for the payment of fees and other
charges and expenses, including underwriters' discount, trustee and
rating agency fees, bond insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No reserve
fund securing the housing program bonds shall be entitled or eligible to
receive state funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the extent of
any deficiency resulting directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
S 48. The section heading and subdivision 1 of section 43 of section 1
of chapter 174 of the laws of 1968, constituting the New York state
urban development corporation act, as added by section 48 of part RR of
chapter 57 of the laws of 2008, are amended to read as follows:
S. 56--A 230 A. 156--A
2008 AND 2009 Economic development initiatives. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one or
more series for the purpose of funding project costs for various econom-
ic development and regional initiatives, the upstate regional blueprint
fund, the downstate revitalization fund, the upstate agricultural
economic fund, the New York state capital assistance program, the New
York state economic development assistance program and other state costs
associated with such projects. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed one
billion [two] THREE hundred [eighty-five] TEN million dollars, excluding
bonds issued to fund one or more debt service reserve funds, to pay
costs of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay such bonds or notes previously issued. Such bonds and
notes of the dormitory authority and the corporation shall not be a debt
of the state, and the state shall not be liable thereon, nor shall they
be payable out of any funds other than those appropriated by the state
to the dormitory authority and the corporation for principal, interest,
and related expenses pursuant to a service contract and such bonds and
notes shall contain on the face thereof a statement to such effect.
Except for purposes of complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to pay debt
service on such bonds.
S 49. Subdivision (b) of section 11 of chapter 329 of the laws of
1991, amending the state finance law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 50 of part RR of chapter 57 of the laws of 2008, is amended
to read as follows:
(b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide for state commitments to provide
annually to the thruway authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund such projects having a
cost not in excess of [$5,806,200,000] $5,746,300,000 cumulatively by
the end of fiscal year 2009-10.
S 50. Subdivision 8 of section 68-b of the state finance law, as added
by section 2 of part I of chapter 383 of the laws of 2001, is amended to
read as follows:
8. Revenue bonds may only be issued for authorized purposes, as
defined in section sixty-eight-a of this article. Notwithstanding the
foregoing, any authorized issuer may issue revenue bonds [in place of
(a) housing program bonds or notes as authorized by section forty-sev-
en-e of the private housing finance law, (b) bonds to finance the state
match for federal capitalization grants for the purpose of any state
revolving fund as authorized by paragraph (a) of subdivision one of
section twelve hundred ninety of the public authorities law and (c)
certificates of participation as authorized by article five-a of this
chapter] FOR ANY AUTHORIZED PURPOSE OF ANY OTHER SUCH AUTHORIZED ISSUER;
PROVIDED, HOWEVER, THAT IF AN AUTHORIZED ISSUER ISSUES AN AMOUNT OF
REVENUE BONDS FOR AN AUTHORIZED PURPOSE OF ANY OTHER AUTHORIZED ISSUER
WHICH WOULD OTHERWISE REQUIRE THE APPROVAL OF THE PUBLIC AUTHORITIES
CONTROL BOARD, SUCH AMOUNT OF REVENUE BONDS SHALL BE SUBJECT TO THE
APPROVAL OF THE PUBLIC AUTHORITIES CONTROL BOARD PURSUANT TO THE
S. 56--A 231 A. 156--A
PROVISIONS OF SECTION FIFTY-ONE OF THE PUBLIC AUTHORITIES LAW. The
authorized issuers shall not issue any revenue bonds in an amount in
excess of statutory authorizations for such authorized purposes.
Authorizations for such authorized purposes shall be reduced in an
amount equal to the amount of revenue bonds issued for such authorized
purposes under this article. Such reduction shall not be made in
relation to revenue bonds issued to fund reserve funds, if any, and
costs of issuance, if these items are not counted under existing author-
izations, nor shall revenue bonds issued to refund bonds issued under
existing authorizations reduce the amount of such authorizations.
S 51. For purposes of sections twenty-one through thirty-one of this
act, the comptroller is also hereby authorized and directed to deposit
to the credit of any capital projects fund, reimbursement from the
proceeds of bonds and notes issued by any authorized issuer, as defined
by section 68-a of the state finance law, in the amounts and for the
purposes listed in such sections.
S 52. Section 49 of the private housing finance law is amended to read
as follows:
S 49. State's right to require redemption of bonds. Notwithstanding
and in addition to any provisions for the redemption of bonds which may
be contained in any contract with the holders of the bonds, the state
may, upon furnishing sufficient funds therefor, require the agency to
redeem, prior to maturity, as a whole, any issue of bonds on any inter-
est payment date not less than twenty years after the date of the bonds
of such issue at one hundred five per centum of their face value and
accrued interest or at such lower redemption price as may be provided in
the bonds in case of the redemption thereof as a whole on the redemption
date. Notice of such redemption shall be published in at least two news-
papers publishing and circulating respectively in the cities of Albany
and New York at least twice, the first publication to be at least thirty
days before the date of redemption. THE PROVISIONS OF THIS SECTION
RELATING TO THE STATE'S RIGHT TO REQUIRE REDEMPTION OF BONDS, SHALL NOT
APPLY TO STATE-SUPPORTED DEBT, AS DEFINED IN SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, ISSUED BY THE AGENCY. SUCH AGENCY BONDS SHALL
REMAIN SUBJECT TO REDEMPTION PURSUANT TO ANY CONTRACT WITH THE HOLDERS
OF SUCH BONDS.
S 53. Section 25 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, is
amended to read as follows:
S 25. State's right to require redemption of bonds. Notwithstanding
and in addition to any provisions for the redemption of bonds which may
be contained in any contract with the holders of the bonds, the state
may, upon furnishing sufficient funds therefor, require the corporation
to redeem, prior to maturity, as a whole, any issue of bonds on any
interest payment date not less than twenty years after the date of the
bonds of such issue at one hundred five per centum of their face value
and accrued interest or at such lower redemption price as may be
provided in the bonds in case of the redemption thereof as a whole on
the redemption date. Notice of such redemption shall be published at
least twice in at least two newspapers publishing and circulating
respectively in the cities of Albany and New York, the first publication
to be at least thirty days before the date of redemption. THE PROVISIONS
OF THIS SECTION RELATING TO THE STATE'S RIGHT TO REQUIRE REDEMPTION OF
BONDS SHALL NOT APPLY TO STATE-SUPPORTED DEBT, AS DEFINED BY SECTION
67-A OF THE STATE FINANCE LAW, ISSUED BY THE CORPORATION. SUCH CORPO-
S. 56--A 232 A. 156--A
RATION BONDS SHALL REMAIN SUBJECT TO REDEMPTION PURSUANT TO ANY CONTRACT
WITH THE HOLDERS OF SUCH BONDS.
S 54. Section 367 of the public authorities law, as amended by chapter
244 of the laws of 1953, is amended to read as follows:
S 367. State's right to require redemption of bonds. Notwithstanding
and in addition to any provisions for the redemption of bonds which may
be contained in any contract with the holders of the bonds, the state
may, upon furnishing sufficient funds therefor, require the authority to
redeem, prior to maturity, as a whole, any issue of bonds on any inter-
est payment date not less than fifteen years after the date of the bonds
of such issue at one hundred four per centum of their face value and
accrued interest or at such lower redemption price as may be provided in
the bonds in case of the redemption thereof as a whole on the redemption
date. Notice of such redemption shall be published in at least two news-
papers published and circulating respectively in the cities of Albany
and New York at least twice, the first publication to be at least thirty
days before the date of redemption. THE PROVISIONS OF THIS SECTION
RELATING TO THE STATE'S RIGHT TO REQUIRE REDEMPTION OF BONDS, SHALL NOT
APPLY TO STATE-SUPPORTED DEBT, AS DEFINED BY SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, ISSUED BY THE AUTHORITY. SUCH AUTHORITY BONDS
SHALL REMAIN SUBJECT TO REDEMPTION PURSUANT TO ANY CONTRACT WITH THE
HOLDERS OF SUCH BONDS.
S 55. Section 1293 of the public authorities law, as amended by chap-
ter 744 of the laws of 1970, is amended to read as follows:
S 1293. Right of state to require redemption of bonds. Notwithstanding
and in addition to any provisions for the redemption of bonds which may
be contained in any contract with the holders of the bonds, the state
may, upon furnishing sufficient funds therefor, require the corporation
to redeem, prior to maturity, as a whole, any issue of bonds on any
interest payment date not less than twenty years after the date of the
bonds of such issue at one hundred five per centum of their face value
and accrued interest or at such lower redemption price as may be
provided in the bonds in case of the redemption thereof as a whole on
the redemption date. Notice of such redemption shall be published in at
least two newspapers publishing and circulating respectively in the
cities of Albany and New York at least twice, the first publication to
be at least thirty days before the date of redemption. THE PROVISIONS
OF THIS SECTION RELATING TO THE STATE'S RIGHT TO REQUIRE REDEMPTION OF
BONDS SHALL NOT APPLY TO STATE-SUPPORTED DEBT, AS DEFINED BY SECTION
SIXTY-SEVEN-A OF THE STATE FINANCE LAW, ISSUED BY THE CORPORATION. SUCH
CORPORATION BONDS SHALL REMAIN SUBJECT TO REDEMPTION PURSUANT TO ANY
CONTRACT WITH THE HOLDERS OF SUCH BONDS.
S 56. Section 92-dd of the state finance law is amended by adding a
new subdivision (j) to read as follows:
(J) THE STATE COMPTROLLER SHALL TRANSFER FROM THE HCRA RESOURCES FUND
TO THE GENERAL DEBT SERVICE FUND, REVENUE BOND TAX FUND (311.02) AMOUNTS
EQUAL TO THE DEBT SERVICE PAID FOR BONDS, NOTES, OR OTHER OBLIGATIONS
ISSUED TO FINANCE THE HEAL NY CAPITAL GRANT PROGRAM AUTHORIZED PURSUANT
TO SECTION SIXTEEN HUNDRED EIGHTY-J OF THE PUBLIC AUTHORITIES LAW.
S 56-a. The state comptroller is hereby authorized and directed to
establish a separate account within the miscellaneous state special
revenue fund other (339), to be known as the public safety communi-
cations escrow account. The state comptroller is further authorized and
directed to deposit into such account any monies received as a result of
actions taken by the state under the contract for development of the
statewide wireless network to recover funds owned to the state.
S. 56--A 233 A. 156--A
S 57. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009; provided,
however, that sections one, two, three and twenty-one through thirty-one
of this act shall expire March 31, 2010, when, upon such date, the
provisions of such sections shall be deemed repealed; provided, however
that the amendments to subdivision 5 of section 97-rrr of the state
finance law made by section thirteen of this act shall not affect the
expiration and reversion of such subdivision and shall expire and be
deemed repealed therewith; and provided, further that amendments to
section 69-c of the state finance law, made by section thirty-five of
this act, shall not affect the expiration and reversion of such section
and shall expire therewith.
PART QQ
Section 1. Subparagraph 4 of paragraph (h) of subdivision 8 of section
15 of the workers' compensation law, as amended by chapter 139 of the
laws of 2008, is amended to read as follows:
(4) As soon as practicable after May first in the year nineteen
hundred fifty-eight, and annually thereafter as soon as practicable
after January first in each succeeding year, the chair of the board
shall assess upon and collect from all self-insurers, except group self-
insurers, the state insurance fund, all insurance carriers and group
self-insurers, (A) a sum equal to one hundred fifty per centum of the
total disbursements made from the special disability fund during the
preceding calendar year (not including any disbursements made on account
of anticipated liabilities or waiver agreements funded by bond proceeds
and related earnings), less the amount of the net assets in such fund as
of December thirty-first of said preceding calendar year, and (B) a sum
sufficient to cover debt service, and associated costs (the "debt
service assessment") to be paid during the calendar year by the dormito-
ry authority, as calculated in accordance with subparagraph five of this
paragraph. Such assessments shall be allocated to (i) self-insurers
except group self-insurers and the state insurance fund based upon the
proportion that the total compensation payments made by all self-insur-
ers except group self-insurers and the state insurance fund bore to the
total compensation payments made by all self-insurers except group self-
insurers, the state insurance fund, all insurance carriers and group
self-insurers, (ii) insurance carriers based upon the proportion that
the total compensation payments made by all insurance carriers bore to
the total compensation payments by all self-insurers except group self-
insurers, the state insurance fund and all insurance carriers and group
self-insurers during the fiscal year which ended within said preceding
calendar year, and (iii) group self-insurers based upon the proportion
that the total compensation payments made by all group self-insurers
bore to the total compensation payments made by all self-insurers, the
state insurance fund and all insurance carriers during the fiscal year
which ended within said preceding calendar year. Insurance carriers and
self-insurers shall be liable for all such assessments regardless of the
date on which they came into existence, or whether they have made any
claim for reimbursement from the special disability fund. The portion of
such sum allocated to self-insurers except group self-insurers and the
state insurance fund that shall be collected from each self-insurer
except a group self-insurer and the state insurance fund shall be a sum
equal to the proportion of the amount which the total compensation
payments of each such self-insurer except a group self-insurer or the
S. 56--A 234 A. 156--A
state insurance fund bore to the total compensation payments made by all
self-insurers except group self-insurers and the state insurance fund
during the fiscal year which ended within said preceding calendar year.
The portion of such sum allocated to insurance carriers that shall be
collected from each insurance carrier shall be a sum equal to that
proportion of the amount which the total [premiums written] STANDARD
PREMIUM by each such insurance carrier bore to the total [written premi-
ums] STANDARD PREMIUM reported by all insurance carriers during the
[fiscal] CALENDAR year which ended within said preceding [calendar]
FISCAL year. The portion of such sum allocated to group self-insurers
that shall be collected from each group self-insurer shall be a sum
equal to that proportion of the amount which the pure premium calcu-
lation for each such group self-insurer bore to the total pure premium
calculation for all group self-insurers for the calendar year which
ended within the preceding state fiscal year. The payments from the debt
service assessment, unless otherwise set forth in the special disability
fund financing agreement, are hereby pledged therefor and shall be
deemed the first monies received on account of assessments in each year.
For the purposes of this paragraph, ["direct premiums written" means
gross premiums, including policy and membership fees, less return premi-
ums and premiums on policies not taken] "STANDARD PREMIUM" SHALL MEAN
THE PREMIUM AS DEFINED FOR THE PURPOSES OF THIS ASSESSMENT BY THE SUPER-
INTENDENT OF INSURANCE, IN CONSULTATION WITH THE CHAIR OF THE BOARD AND
THE WORKERS' COMPENSATION RATING BOARD. For purposes of this paragraph
"pure premium calculation" means the New York state annual payroll as of
December thirty-first of the preceding year by class code for each
employer member of a group self-insurer multiplied by the applicable
loss cost for each class code as determined by the workers' compensation
rating board in effect on December thirty-first of the preceding year,
and for a group or individual self-insurer who has ceased to self-insure
shall be based on payroll at the time the group or individual self-in-
surer ceased to self-insure reduced by a factor reflecting the reduction
in the group or individual self-insurer's self-insurance liabilities
since ceasing to self-insure. An employer who has ceased to be a self-
insurer or a group that ceases to be licensed as a group self-insurer
shall continue to be liable for any assessments into said fund on
account of any compensation payments made by him or her on his or her
account during such fiscal year, and the security fund, created under
the provisions of section one hundred seven of this chapter, shall, in
the event of the insolvency of any insurance company, be liable for any
assessments that would have been made against such company except for
its insolvency. No assessment shall be payable from the aggregate trust
fund, created under the provisions of section twenty-seven of this arti-
cle, but such fund shall continue to be liable for all compensation that
shall be payable under any award or order of the board, the commuted
value of which has been paid into such fund. Such assessments when
collected shall be deposited with the commissioner of taxation and
finance for the benefit of such fund. Unless otherwise provided, such
assessments, shall not constitute an element of loss for the purpose of
establishing rates for compensation insurance but shall for the purpose
of collection be treated as separate costs by carriers. All insurance
carriers and the state insurance fund, shall collect such assessments,
from their policyholders through a surcharge based on premiums in
accordance with rules set forth by THE SUPERINTENDENT OF INSURANCE IN
CONSULTATION WITH the New York workers' compensation rating board[, as
approved by the superintendent of insurance] AND THE CHAIR OF THE BOARD.
S. 56--A 235 A. 156--A
Such surcharge shall be considered as part of premium for purposes
prescribed by law including, but not limited to, computing premium tax,
reporting to the superintendent of insurance pursuant to section nine-
ty-nine of this chapter and section three hundred seven of the insurance
law, determining the limitation of expenditures for the administration
of the state insurance fund pursuant to section eighty-eight of this
chapter and the cancellation by an insurance carrier, including the
state insurance fund, of a policy for non-payment of premium. The
provisions of this paragraph shall not apply with respect to policies
containing coverage pursuant to subsection (j) of section three thousand
four hundred twenty of the insurance law relating to every policy
providing comprehensive personal liability insurance on a one, two,
three or four family owner-occupied dwelling. The state insurance fund
shall, notify its insureds that such assessments, shall be, for the
purpose of recoupment, treated as separate costs, respectively for the
purpose of premiums billed on or after October first, nineteen hundred
ninety-four.
For the purposes of this paragraph, except as otherwise provided: the
term "insurance carrier" shall include only stock corporations, mutual
corporations and reciprocal insurers authorized to transact the business
of workers' compensation insurance in this state; the term "self-insur-
er" shall include any employer or group of employers permitted to pay
compensation directly under the provisions of subdivision three, three-a
or four of section fifty of this chapter[;].
THE BOARD IS HEREBY AUTHORIZED TO ISSUE CREDITS OR REFUNDS AS NECES-
SARY, IN THE CASE OF OVERPAYMENTS MADE TO THE FUND. AN INSURANCE CARRIER
THAT KNOWINGLY UNDERREPORTS PREMIUMS FOR THE PURPOSES OF THIS SECTION
SHALL BE GUILTY OF A CLASS E FELONY.
S 2. Paragraph (b) of subdivision 2 of section 151 of the workers'
compensation law, as amended by chapter 6 of the laws of 2007, the open-
ing paragraph as amended by chapter 139 of the laws of 2008, is amended
to read as follows:
(b) An itemized statement of the expenses so ascertained shall be open
to public inspection in the office of the board for thirty days after
notice to the state insurance fund, all insurance carriers and all self-
insurers including group self-insurers affected thereby, before the
board shall make an assessment for such expenses. The chair shall assess
upon and collect a proportion of such expenses as hereinafter provided
from each insurance carrier, the state insurance fund and each self-in-
surer including group self-insurers. The assessment for such expenses
shall be allocated to (i) self-insurers except group self-insurers and
the state insurance fund based upon the proportion that the total
compensation payments made by all self-insurers except group self-insur-
ers and the state insurance fund in such year bore to the total compen-
sation payments made by all self-insurers except group self-insurers,
the state insurance fund, all insurance carriers and group self-insurers
and (ii) insurance carriers based upon the proportion that the total
compensation payments made by all insurance carriers in such year bore
to the total compensation payments by all self-insurers, the state
insurance fund and all insurance carriers [during the fiscal year which
ended within said preceding calendar year], and (iii) group self-insur-
ers based upon the proportion that the total compensation payments made
by all group self-insurers IN SUCH YEAR bore to the total compensation
payments made by all self-insurers, the state insurance fund and all
insurance carriers [during the fiscal year which ended within said
preceding calendar year]. The portion of the assessment for such
S. 56--A 236 A. 156--A
expenses allocated to self-insurers except group self-insurers and the
state insurance fund that shall be collected from each self-insurer
except group self-insurers and the state insurance fund shall be a sum
equal to the proportion of the amount which the total compensation
payments of each such self-insurer except a group self-insurer or the
state insurance fund in such year bore to the total compensation
payments made by all self-insurers except group self-insurers and the
state insurance fund. The portion of the assessment for such expenses
allocated to insurance carriers that shall be collected from each such
insurance carrier shall be a sum equal to that proportion of the amount
which the total [premiums written] STANDARD PREMIUM by each such insur-
ance carrier [in such year] bore to the total [written premiums] STAND-
ARD PREMIUM reported by all insurance carriers FOR THE CALENDAR YEAR
WHICH ENDED WITH THE STATE FISCAL YEAR. The portion of such sum allo-
cated to group self-insurers that shall be collected from each group
self-insurer shall be a sum equal to that proportion of the amount which
the pure premium calculation for each such group self-insurer bore to
the total pure premium calculation for all group self-insurers for the
calendar year which ended within the [preceding] state fiscal year. The
amounts so secured shall be used for the payment of the expenses of
administering this chapter. Pure premium for assessments against indi-
vidual and group self-insurers who ceased to self-insure shall be based
on payroll at the time the individual or group self-insurer has ceased
to self-insure, reduced by a factor reflecting the reduction in the
group or individual self-insurer's self-insurance liabilities since
ceasing to self-insure.
For purposes of this paragraph, ["direct premiums written" means gross
premiums, including policy and membership fees, less return premiums and
premiums on policies not taken] "STANDARD PREMIUM" SHALL MEAN THE PREMI-
UM AS DEFINED FOR THE PURPOSES OF THIS ASSESSMENT BY THE SUPERINTENDENT
OF INSURANCE, IN CONSULTATION WITH THE CHAIR OF THE BOARD AND THE WORK-
ERS' COMPENSATION RATING BOARD. For purposes of this paragraph "pure
premium calculation" means the New York state annual payroll as of
December thirty-first of the preceding year by class code for each
employer member of a group self-insurer multiplied by the applicable
rate for each class code as determined by the workers' compensation
rating board in effect on December thirty-first of the preceding year.
The amounts so secured shall be used for the payment of the expenses of
administering this chapter.
For the purposes of this paragraph, the term "insurance carrier" shall
include only stock corporations, mutual corporations and reciprocal
insurers authorized to transact the business of workers' compensation
insurance in this state and the term "self-insurer" shall include any
employer or group of employers permitted to pay compensation directly
under the provisions of subdivision three, three-a or four of section
fifty of this chapter.
S 3. (a) For purposes of this section, "insurance carrier," and "work-
ers' compensation rating board" shall have the meaning set forth in
section 2 of the workers' compensation law, and "affected insurance
carrier" shall mean any insurance carrier or affiliated group of insur-
ance carriers that has, prior to the effective date of this section: (1)
paid to the workers' compensation board for any year an amount directed
by the workers' compensation board under subdivision 8 of section 15,
subdivision 3 of section 25-a or section 151 of the workers' compen-
sation law that was less than the amount collected from its insured
employers in that year, in accordance with a calculation provided by the
S. 56--A 237 A. 156--A
workers' compensation rating board, (2) has identified and held any
funds collected but not paid to the workers' compensation board, as
measurable and available, as of November 1, 2008.
(b) Any affected insurance carrier shall notify the chair of the work-
ers' compensation board, within thirty days of the effective date of
this subdivision, of the amount of funds it has held as measurable and
available under subdivision (a) of this section. The chair of the work-
ers' compensation board may, at any time within one hundred twenty days
of the effective date of this subdivision, or at any time thereafter if
the insurance carrier has not provided the notification required by this
section, direct an affected insurance carrier to pay such funds to the
board within thirty days if they are attributable to assessments in
fiscal year 2006 or before, and as soon as practicable thereafter if
they are attributable to subsequent assessments. Such funds shall be
credited to the workers' compensation account and shall be reserved in
the first instance for expenditure pursuant to a multi-year plan,
prepared by the chair, to improve the quality, timeliness and fairness
of services performed by the board, including any services funded by
assessments under the workers' compensation law. Such plan must be
approved by the director of the budget, and expenditures pursuant to
such plan may equal up to ten percent of the 2008-09 appropriations made
to the workers' compensation board, excluding contingency appropri-
ations. As a part of such plan, the chair of the workers' compensation
board may recommend suballocations of the funds credited to the workers'
compensation account under this subdivision to the department of labor
for any other purposes funded by assessments made under the workers'
compensation law, or for the implementation of chapter 6 of the laws of
2007, including for implementation of section 134 and subdivision 1 of
section 35 of the workers' compensation law. Such suballocations shall
be included within the total allowable expenditures under the plan and
must also be approved by the director of the budget. Any amounts avail-
able in any fiscal year after deducting amounts reflecting expenditures
to be made by the workers' compensation board for that fiscal year under
the plan provided for by this section shall be transferred by the comp-
troller to the general fund, at the request of the director of the budg-
et.
(c) Any affected insurance carrier that makes payments to the workers'
compensation board in accordance with this section shall not be subject
to any civil or criminal liability for damages arising out of the
collection or maintenance of any such funds under subdivision 8 of
section 15, subdivision 3 of section 25-a or section 151 of the workers'
compensation law. Nothing in this section shall be deemed to impose any
civil or criminal liability on any other entity, including any insurance
carrier, the workers' compensation board, or the state of New York.
S 4. This act shall take effect immediately, provided that sections
one and two of this act shall take effect on January 1, 2010.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S. 56--A 238 A. 156--A
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through QQ of this act shall be
as specifically set forth in the last section of such Parts.