S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6606--A                                            A. 9706--A

                      S E N A T E - A S S E M B L Y

                            January 19, 2010
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

AN  ACT  to  amend  the  executive law, the vehicle and traffic law, the
  state finance law, the labor law, the public health  law,  the  social
  services  law,  the  criminal procedure law, the family court act, the
  public officers law, the general municipal law,  the  penal  law,  the
  correction  law,  the  surrogate's  court  procedure act, the court of
  claims act, the civil practice law and rules, the  real  property  tax
  law,  the  administrative  code  of the city of New York, the environ-
  mental conservation law, the parks, recreation and historic  preserva-
  tion  law and the mental hygiene law, in relation to merging the crime
  victims board, the division of probation and correctional alternatives
  and the office for the prevention of domestic violence into the  divi-
  sion of criminal justice services; and to repeal certain provisions of
  the  executive law and the judiciary law relating thereto (Part A); to
  amend the executive law, in  relation  to  disaster  preparedness;  in
  relation  to the intrastate mutual aid program; to amend the executive
  law, the state finance law,  the  county  law  and  the  tax  law,  in
  relation  to  consolidating the office of homeland security, the state
  emergency management office, and the office  of  fire  prevention  and
  control within the department of state; to amend the executive law, in
  relation  to duties of the division of homeland security and emergency
  services,  the  state  fire  administrator  and  the  office  of  fire
  prevention  and  control; to amend the county law, in relation to fire
  training and mutual aid programs; to amend the general  business  law,
  in  relation  to  approval of electrical devices; to amend the general
  municipal law, in relation to duties of the fire chief, and  the  fire
  mobilization  and  mutual  aid  plan;  to  amend the insurance law, in
  relation to information in reports of fire losses; to amend the  state

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12670-03-0

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  finance  law,  in relation to reimbursement for firefighting costs and
  funds for volunteer firefighting and emergency service  providers;  to
  amend the vehicle and traffic law, in relation to vehicles operated by
  officials  of  the office of fire prevention and control; to amend the
  criminal procedure law, in relation to  arson  investigation;  and  to
  amend the executive law, the general municipal law and the tax law, in
  relation to fire safety standards of cigarettes, and to repeal certain
  provisions  of  the  county law and the executive law relating thereto
  (Part B); to amend the executive law and the civil  practice  law  and
  rules,  in relation to establishing a rape crisis program in the divi-
  sion of criminal justice services and  remove  the  program  from  the
  department  of health; and to repeal subdivision 15 of section 206 and
  article 6-A of the public health law relating  thereto  (Part  C);  to
  amend  the  criminal  procedure  law and the penal law, in relation to
  terms of probation; to amend the criminal procedure law,  in  relation
  to  probation  mandate relief; to amend the executive law, in relation
  to the manner in which probation aid  is  distributed;  to  amend  the
  penal law and the criminal procedure law, in relation to warrants, the
  probation  detainer  warrant pilot project and modification and exten-
  sion thereof, waiver of  extradition,  conditions  of  probation,  and
  restitution; and 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 the effec-
  tiveness thereof (Part D); to amend the executive law, in relation  to
  creating  in  the  division of criminal justice services the office of
  indigent defense; and to amend the state finance law, in  relation  to
  the distribution of monies from the indigent legal services fund (Part
  E);  to  amend  the  county law, in relation to permitting counties to
  establish an office of conflict defender and providing for the  repeal
  of  such  provisions  upon  expiration  thereof (Part F); to amend the
  executive law, in relation to the collection of DNA; and to amend  the
  penal  law,  in  relation  to  conditions of probation and conditional
  discharge and refusal to provide a DNA sample (Part G); 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 H); to amend the
  executive law, in relation to reducing the  board  of  parole  maximum
  membership  from nineteen to thirteen and to reduce the term of office
  from six to five years (Part I);  to  amend  the  correction  law,  in
  relation  to  the  housing  of persons nineteen, twenty and twenty-one
  years of age with the department of correctional  services;  to  amend
  the  criminal  procedure  law,  in  relation  to permitting electronic
  appearances in certain court proceedings; and to amend the  correction
  law,  in  relation  to  permitting the commingling of inmates in local
  correctional infirmaries and to allow prisoners  to  voluntarily  work
  for  nonprofit organizations (Part J); to amend the judiciary law, the
  civil practice law and rules, the  uniform  district  court  act,  the
  uniform  city  court  act,  and  the New York city civil court act, in
  relation to the increase of certain civil  court  fees  (Part  K);  to
  amend  the  uniform  justice  court  act, in relation to improving the
  process for the merging of  town  and  village  courts  (Part  L);  in
  relation to requiring the judiciary to publicly account for the impact
  on  local  governments  from any new program or expanded program to be

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  required by its rules and regulations (Part M); to  amend  the  public
  authorities  law, in relation to certain bonds authorized to be issued
  or purchased by the municipal bond bank agency and to certain  financ-
  ing agreements authorized to be executed in connection therewith (Part
  N);  to  amend  the civil service law, the labor law and the executive
  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  O);  to repeal section 163-c of the state finance law, relating
  to imposition of a centralized procurement contract fee (Part  P);  to
  collect  surplus  funds  from workers' compensation insurance carriers
  and to prevent such surpluses from recurring (Part Q);  to  amend  the
  workers'  compensation  law  and  the  insurance  law,  in relation to
  providing the workers' compensation board with the  powers  needed  to
  protect  injured  workers'  benefits  (Part  R);  to establish a joint
  appointing authority for the state financial system project (Part  S);
  to  amend  the civil service law, the state finance law and the insur-
  ance 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 T); to amend the civil service
  law, in relation to reimbursement for medicare premium  charges  (Part
  U);  to  amend  the retirement and social security law, in relation to
  payment by the state  of  certain  employer  retirement  contributions
  (Part  V);  to amend the executive law, the real property tax law, and
  the tax law, in relation to merging the state office of real  property
  services  and  the  state  board  of  real  property services into the
  department of taxation and finance; and to repeal  certain  provisions
  of  the  real  property tax law and the tax law relating thereto (Part
  W); to amend the real property tax law, the real property law and  the
  tax  law, in relation to establishing a property taxpayers' disclosure
  and assessment transparency act and simplifying the reporting of  data
  relating to real estate transfers (Part X); to amend the real property
  tax  law,  in  relation  to  restructuring  the current aid program to
  encourage full value  reassessments  (Part  Y);  to  amend  the  state
  finance  law,  in  relation  to  aid and incentives for municipalities
  (Part Z); to amend the state finance law, in relation to a program  of
  aid  to  municipalities  in  which  a video lottery gaming facility is
  located (Part AA); to  amend  the  legislative  law,  in  relation  to
  unfunded  mandates  on  local  governments  and  school districts; and
  providing for the repeal of certain provisions upon expiration thereof
  (Part BB); to amend the general municipal law, the education law,  the
  public  authorities  law  and chapter 738 of the laws of 1988 amending
  the administrative code of the city of New York, the  public  authori-
  ties  law  and  other  laws  relating  to  the  New  York  city school
  construction authority, in relation  to  separate  specifications  for
  public  works contracts (Part CC); 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 judgments and accrued claims, in relation  to
  interest rates paid by certain public corporations (Part DD); 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 town law, in relation to residency requirements  of  fire
  districts  and fire companies; and to amend the real property tax law,
  in relation to entering into contracts for tax collection  (Part  EE);

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  to  amend the general municipal law, the economic development law, the
  state finance law, the public buildings law and the education law,  in
  relation  to  procurements  by local governments, the state, libraries
  and   library  systems;  and  providing  for  the  repeal  of  certain
  provisions upon expiration thereof (Part FF); to amend the  town  law,
  in  relation to eliminating compensation for town improvement district
  commissioners, in relation to the provision of  sanitary  services  in
  the  areas of towns outside of villages, and in relation to abolishing
  the offices of improvement district commissioners (Part GG); to  amend
  the  public officers law, in relation to fees for accident reports; to
  amend the general municipal law and the banking law,  in  relation  to
  permitting  local  governments  to  make deposits in credit unions and
  savings banks; to amend the general  municipal  law,  in  relation  to
  authorizing  fees  for ambulance service provided by a fire department
  or fire company; to amend the general municipal law,  in  relation  to
  authorizing  municipalities  to charge for the cost of providing addi-
  tional police protection to paid-admission events; to amend the gener-
  al city law and the village law, in relation to increasing the rate of
  tax authorized to be imposed by local gross  receipts  taxes;  and  to
  repeal  certain provisions of the public officers law relating thereto
  (Part HH); to amend the public authorities law, in relation to federal
  subsidy bonds of the New  York  city  transitional  finance  authority
  (Part  II);  to  provide  for  the administration of certain funds and
  accounts  related  to  the  2010-2011  budget;  to  authorize  certain
  payments and transfers; to amend the state finance law, in relation to
  the  school  tax  relief  fund;  to  amend  the  state finance law, in
  relation to the expiration of certain provisions thereof; to amend the
  state finance law, in relation to notes and bonds of the environmental
  facilities corporation; to amend the state finance law, in relation to
  the general debt service fund; to amend  the  state  finance  law,  in
  relation to the issuance of revenue bonds; to amend 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,  in  relation  to
  effectiveness  of  certain  provisions  thereof;  to  amend  the state
  finance law, in relation to variable rate bonds; to  amend  the  state
  finance  law,  in relation to mental health service facilities financ-
  ing; to amend the state finance law, in relation to the sale of  state
  bonds;  to  amend  the  state  finance law, in relation to the sale of
  housing bonds and urban renewal bonds; to amend the state finance law,
  in relation to federal interest subsidy payments; to amend the  public
  authorities  law,  in  relation  to  cultural education facilities; to
  amend the public authorities law, in relation to library construction;
  to amend the public authorities law, in relation to voting  of  direc-
  tors  of  the local government assistance corporation; to amend part P
  of chapter 57 of the laws of 2005, amending the education law relating
  to establishing a program of capital financing for public broadcasting
  stations, in relation to the effectiveness of certain provisions ther-
  eof; to amend the public  authorities  law,  the  judiciary  law,  the
  education  law, the state finance law, chapter 57 of the laws of 2004,
  amending the education law and other laws relating to the  calculation
  and payment of state aid to school districts and boards of cooperative
  educational  services,  chapter  57  of the laws of 2005, amending the
  labor law and other laws relating to  implementing  the  state  fiscal
  plan  for  the  2005-2006 state fiscal year, chapter 83 of the laws of
  1995, amending the state finance law and other laws relating to  state
  finances,  chapter  7  of  the  laws of 1989, authorizing the New York

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  state urban development corporation to assist the state in restructur-
  ing certain payment requirements, chapter 190 of  the  laws  of  1990,
  amending the tax law relating to certain taxes, fees and other imposi-
  tions,  chapter  61  of  the  laws of 2005, providing for the adminis-
  tration of certain funds and accounts related to the 2005-2006 budget,
  chapter 81 of the laws of 2002, providing for  the  administration  of
  certain funds and accounts related to the 2002-2003 budget, chapter 60
  of  the  laws  of  2006,  relating  to providing for administration of
  certain funds and accounts related to the  2006-2007  budget,  chapter
  389  of  the  laws of 1997, providing for the financing of the correc-
  tional facilities improvement fund and the youth facility  improvement
  fund, chapter 18 of the laws of 2008, amending the racing, pari-mutuel
  wagering  and  breeding  law  and other laws relating to racing corpo-
  rations and associations, chapter 432 of the laws  of  1997,  amending
  the  state  finance law and other laws relating to the transportation,
  economic development and environmental  conservation  budget,  chapter
  796  of the laws of 1992, providing for enhancements to the center for
  science and technology on the campus of Syracuse  University  and  the
  Cornell  super  computer  center  on the campus of Cornell University,
  chapter 684 of the  laws  of  1986,  relating  to  providing  for  the
  construction  of  the center for computers, microelectronics and tele-
  communications on the campus of Columbia University in the city of New
  York, chapter 839 of  the  laws  of  1987,  constituting  the  omnibus
  economic  development  act  of  1987, chapter 258 of the laws of 1993,
  relating to the development of sports facilities, chapter  61  of  the
  laws  of 2000, authorizing bonds for the strategic investment program,
  chapter 84 of the laws of 2002, chapter 3 of the laws of 2004, chapter
  59 of the laws of 2004, chapter 58 of the laws of 2006, and chapter 56
  of the laws of 2009, authorizing the New York state urban  development
  corporation  and  the  dormitory authority of the state of New York to
  issue bonds and notes, chapter 59 of the laws of 2005, relating to the
  urban development corporation bonding authority and  relating  to  the
  authority  of  the  urban  development  corporation  and the dormitory
  authority to issue bonds, chapter 62 of the laws of 2003  and  chapter
  161 of the laws of 2005, authorizing the urban development corporation
  to  issue bonds, chapter 35 of the laws of 1979, relating to appropri-
  ating funds to the New York state urban development  corporation,  the
  New  York  state urban development corporation act, the New York state
  medical care facilities finance agency act, 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; and to
  amend part R-1 of chapter 109 of the laws of 2006 relating to dormito-
  ry authority bonds, in relation to state-supported debt; and providing
  for the repeal of certain provisions upon the expiration thereof (Part
  JJ); and to amend chapter 503 of the laws of  2009,  relating  to  the
  disposition  of  monies  recovered by county district attorneys before
  the filing of an accusatory instrument, in relation to the use of such
  monies (Part KK)

  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 2010-2011
state fiscal year. Each component is  wholly  contained  within  a  Part

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identified as Parts A through KK. 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.    Section 240 of the executive law, as amended by chapter
134 of the laws of 1985, is amended to read as follows:
  S 240. [Division] OFFICE of probation and correctional  alternatives[;
director].    1. There shall be in the [executive department a division]
DIVISION OF CRIMINAL JUSTICE SERVICES AN OFFICE of probation and correc-
tional alternatives, HEREINAFTER REFERRED TO IN  THIS  ARTICLE  AS  "THE
OFFICE".   The head of the [division] OFFICE shall be the [state] direc-
tor of probation and correctional alternatives, who shall  be  appointed
by  the  [governor by and with the advice and consent of the senate, and
hold office at the pleasure of the governor by whom he was appointed and
until his successor is appointed and has qualified] COMMISSIONER.
  2. The [state] director [of probation  and  correctional  alternatives
shall  have  sole  charge  of  the  administration  of  the  division of
probation and  correctional  alternatives],  IN  CONSULTATION  WITH  THE
COMMISSIONER,  SHALL  COORDINATE  AND  RECOMMEND  POLICY RELATING TO THE
ADMINISTRATION  OF  PROBATION  SERVICES  AND  CORRECTIONAL   ALTERNATIVE
PROGRAMS THROUGHOUT THE STATE.
  3. [The principal office of the division of probation and correctional
alternatives  shall  be  in  the  county of Albany] THE COMMISSIONER, IN
CONSULTATION WITH THE DIRECTOR, SHALL APPOINT  STAFF  AND  PERFORM  SUCH
OTHER  FUNCTIONS  TO ENSURE THE EFFICIENT OPERATION OF THE OFFICE WITHIN
THE AMOUNTS MADE AVAILABLE THEREFOR BY APPROPRIATION.
  4. As used in this article, the term "director" shall mean the [state]
director of THE  OFFICE  OF  probation  and  correctional  alternatives,
"OFFICE"  SHALL  MEAN  THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNA-
TIVES, "COMMISSIONER" SHALL MEAN THE COMMISSIONER  OF  THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES  AND  "DIVISION"  SHALL MEAN THE DIVISION OF
CRIMINAL JUSTICE SERVICES.
  S 2. Section 241 of the executive law is REPEALED.
  S 3.  Section 836 of the executive law is amended by adding three  new
subdivisions 7, 8 and 9 to read as follows:
  7.  THE  FUNCTIONS,  POWERS  AND  DUTIES  OF  THE  FORMER  DIVISION OF
PROBATION AND CORRECTIONAL ALTERNATIVES AS ESTABLISHED IN ARTICLE TWELVE
OF THIS CHAPTER SHALL NOW BE CONSIDERED A FUNCTION OF  THE  DIVISION  OF
CRIMINAL JUSTICE SERVICES.
  8.  THE  FUNCTIONS,  POWERS  AND  DUTIES  OF THE FORMER NEW YORK STATE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE AS ESTABLISHED IN ARTICLE
TWENTY-ONE OF THIS CHAPTER SHALL NOW BE CONSIDERED  A  FUNCTION  OF  THE
DIVISION OF CRIMINAL JUSTICE SERVICES.
  9.  THE FUNCTIONS, POWERS AND DUTIES OF THE FORMER CRIME VICTIMS BOARD
AS ESTABLISHED IN ARTICLE  TWENTY-TWO  OF  THIS  CHAPTER  SHALL  NOW  BE
CONSIDERED A FUNCTION OF THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  S  4.    Transfer of employees. Notwithstanding any other provision of
law, rule, or regulation to the contrary, upon the transfer of functions
from the division of probation  and  correctional  alternatives  to  the

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division  of  criminal  justice  services  pursuant  to subdivision 7 of
section 836 of the executive law, as added by section three of this act,
all employees of the division of probation and correctional alternatives
shall  be  transferred  to  the  division  of criminal justice services.
Employees transferred pursuant to  this  section  shall  be  transferred
without  further  examination  or  qualification  and shall retain their
respective civil service classifications, status and collective bargain-
ing unit designations and collective bargaining agreements.
  S 5. Transfer of records. All books, papers, and property of the divi-
sion of probation and correctional alternatives shall  be  delivered  to
the  commissioner  of  the  division  of  criminal justice services. All
books, papers, and property of the division of probation and correction-
al alternatives shall continue to be maintained by the division of crim-
inal justice services.
  S 6. Continuity of authority. For the purpose  of  succession  of  all
functions,  powers,  duties and obligations transferred and assigned to,
devolved upon and assumed by it pursuant to this act,  the  division  of
criminal  justice  services  shall  be deemed and held to constitute the
continuation of the division of probation and correctional alternatives.
  S 7. Completion of unfinished business. Any business or  other  matter
undertaken  or  commenced  by the division of probation and correctional
alternatives or the director thereof pertaining to or connected with the
functions,  powers,  obligations  and  duties  hereby  transferred   and
assigned to the division of criminal justice services and pending on the
effective  date of this act, may be conducted and completed by the divi-
sion of criminal justice services in the same manner and under the  same
terms  and  conditions  and  with  the  same  effect as if conducted and
completed by the division of probation and correctional alternatives.
  S 8. Continuation of rules and regulations.  All  rules,  regulations,
acts, orders, determinations, and decisions of the division of probation
and  correctional  alternatives  pertaining  to the functions and powers
herein transferred and assigned, in force at the time of  such  transfer
and  assumption, shall continue in full force and effect as rules, regu-
lations, acts, orders, determinations and decisions of the  division  of
criminal  justice  services  until  duly  modified  or  abrogated by the
commissioner of the division of criminal justice services.
  S 9. Terms occurring in laws, contracts and other documents.  Whenever
the division of probation and correctional alternatives or the  director
thereof,  is  referred to or designated in any law, contract or document
pertaining to the  functions,  powers,  obligations  and  duties  hereby
transferred to and assigned to the division of criminal justice services
or  the  commissioner of the division of criminal justice services, such
reference or designation shall be deemed to refer  to  the  division  of
criminal  justice  services  or commissioner of the division of criminal
justice services, as applicable.
  S 10. Existing rights and remedies preserved.  No  existing  right  or
remedy  of  any  character  shall  be  lost, impaired or affected by any
provisions of this act.
  S 11. Pending actions and proceedings. No action or proceeding pending
at the time when this act shall take effect, brought by or  against  the
division  of  probation  and  correctional  alternatives or the director
thereof, shall be affected by any provision of this act,  but  the  same
may  be  prosecuted  or  defended in the name of the commissioner of the
division of criminal  justice  services  or  the  division  of  criminal
justice  services. In all such actions and proceedings, the commissioner

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of the division of criminal justice services, upon  application  of  the
court, shall be substituted as a party.
  S  12.  Transfer of appropriations heretofore made. All appropriations
or reappropriations heretofore made to the  division  of  probation  and
correctional alternatives to the extent of remaining unexpended or unen-
cumbered  balance  thereof, whether allocated or unallocated and whether
obligated or unobligated, are hereby transferred to and  made  available
for  use  and  expenditure  by the division of criminal justice services
subject to the approval of the director  of  the  budget  for  the  same
purposes  for  which originally appropriated or reappropriated and shall
be payable on vouchers certified or approved by the commissioner of  the
division  of criminal justice services on audit and warrant of the comp-
troller.
  S 13. Transfer of assets and liabilities. All assets  and  liabilities
of  the  division  of probation and correctional alternatives are hereby
transferred to and assumed by the division of criminal justice services.
  S 14. Subdivision 1 of section 221-a of the executive law, as  amended
by chapter 107 of the laws of 2004, is amended to read as follows:
  1.  The  superintendent, in consultation with the division of criminal
justice services, office of court administration, the [division]  OFFICE
of probation and correctional alternatives[,] AND the [state] office for
the  prevention of domestic violence [and the division for women], shall
develop a comprehensive plan for the establishment and maintenance of  a
statewide  computerized  registry  of  all  orders  of protection issued
pursuant to articles four, five, six and eight of the family court  act,
section  530.12  of  the  criminal  procedure  law  and, insofar as they
involve victims of domestic violence as defined by section four  hundred
fifty-nine-a  of the social services law, section 530.13 of the criminal
procedure law and sections two hundred forty and two  hundred  fifty-two
of the domestic relations law, and orders of protection issued by courts
of competent jurisdiction in another state, territorial or tribal juris-
diction,  special  orders  of conditions issued pursuant to subparagraph
(i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the
criminal procedure law insofar as they involve a victim  or  victims  of
domestic  violence as defined by subdivision one of section four hundred
fifty-nine-a of the social services  law  or  a  designated  witness  or
witnesses to such domestic violence, and all warrants issued pursuant to
sections  one  hundred fifty-three and eight hundred twenty-seven of the
family court act, and arrest and bench warrants as defined  in  subdivi-
sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi-
nal  procedure  law,  insofar  as  such  warrants  pertain  to orders of
protection or temporary orders of protection;  provided,  however,  that
warrants issued pursuant to section one hundred fifty-three of the fami-
ly court act pertaining to articles three, seven and ten of such act and
section  530.13  of  the criminal procedure law shall not be included in
the registry. The  superintendent  shall  establish  and  maintain  such
registry  for  the  purposes  of ascertaining the existence of orders of
protection, temporary orders of protection, warrants and special  orders
of  conditions,  and  for  enforcing  the provisions of paragraph (b) of
subdivision four of section 140.10 of the criminal procedure law.
  S 15. The article heading of article  12  of  the  executive  law,  as
amended  by  chapter  134  of  the  laws  of 1985, is amended to read as
follows:
              [DIVISION] OFFICE OF PROBATION AND CORRECTIONAL
                              ALTERNATIVES
  S 15-a. Intentionally omitted.

S. 6606--A                          9                         A. 9706--A

  S 16. Subdivision 2 of section 242 of the executive law, as amended by
chapter 134 of the laws of 1985, is amended to read as follows:
  2.  The  present  members  of  the state probation commission who were
appointed to such commission by  the  governor  shall  continue  as  the
members of said commission appointed pursuant to paragraph (a) of subdi-
vision  one  of  this section at the pleasure of the governor, and until
their successors are appointed and have qualified. The director shall be
chairman of the commission. No member of said probation commission shall
receive any compensation for his OR HER services as  a  member  of  such
commission,  but the members shall be entitled to their actual necessary
expenses incurred in the performance of  their  duties.  The  [director]
COMMISSIONER may from time to time assign an employee of the division to
act as secretary to said probation commission. The duties of the members
of  said  probation  commission  shall be to attend the meetings of such
probation commission, at the time fixed by said commission, or called by
the chairman of said commission, and to consider all matters relating to
probation in the state, within the  jurisdiction  of  the  [division  of
probation  and  correctional  alternatives]  OFFICE,  and  to advise and
consult with the director in regard thereto.
  S 17.  Subdivisions 1 and 2, paragraph (a) of subdivision 3,  and  the
opening  paragraph of subdivision 4 of section 243 of the executive law,
subdivision 1 as amended by chapter 134 of the laws of 1985, subdivision
2 as amended by chapter 574 of the laws of 1985, paragraph (a) of subdi-
vision 3 as added by chapter 609 of the laws of 1997,  and  the  opening
paragraph  of subdivision 4 as added by chapter 568 of the laws of 2008,
are amended to read as follows:
  1. The [director] OFFICE shall exercise general supervision  over  the
administration  of  probation  services  throughout the state, including
probation in family courts  and  shall  collect  statistical  and  other
information  and  make  recommendations  regarding the administration of
probation services in the courts. [He]  THE  OFFICE  shall  endeavor  to
secure  the  effective  application  of  the  probation  system  and the
enforcement of the probation laws and the laws relating to family courts
throughout the  state.  After  consultation  with  the  state  probation
commission,  [he] THE OFFICE shall [adopt] RECOMMEND TO THE COMMISSIONER
general rules which shall regulate methods and procedure in the adminis-
tration of probation services,  including  investigation  of  defendants
prior to sentence, and children prior to adjudication, supervision, case
work,  record  keeping, and accounting, program planning and research so
as to secure the most effective application of the probation system  and
the  most  efficient  enforcement  of  the probation laws throughout the
state. Such  rules  shall  provide  that  the  probation  investigations
ordered  by  the  court in designated felony act cases under subdivision
one of section 351.1 of the family court act shall  have  priority  over
other  cases  arising under articles three and seven of such act. [Such]
WHEN DULY ADOPTED BY THE COMMISSIONER, SUCH rules shall be binding  upon
all  probation  officers  and when duly adopted shall have the force and
effect of law, but shall not supersede rules that may be adopted  pursu-
ant  to  the  family  court  act.   [He] THE OFFICE shall keep [himself]
informed as to the work of all probation officers and shall from time to
time inquire into and report upon their conduct and efficiency. [He] THE
OFFICE may investigate the work of any  probation  bureau  or  probation
officer and shall have access to all records and probation offices. [He]
THE  OFFICE may issue subpoenas to compel the attendance of witnesses or
the production of books and papers. [He] THE OFFICE may administer oaths
and examine persons under oath. [He] THE OFFICE  may  recommend  to  the

S. 6606--A                         10                         A. 9706--A

appropriate  authorities the removal of any probation officer. [He shall
transmit to the governor not later than February first of each  year  an
annual  report of the work of the division of probation and correctional
alternatives  for  the preceding calendar year, which shall include such
information relative to the administration of probation and correctional
alternatives throughout the state as may be appropriate. He] THE  OFFICE
may  from  time  to  time  publish reports regarding probation including
probation in family courts, and the operation of  the  probation  system
including probation in family courts and any other information regarding
probation  as  [he]  THE  OFFICE may determine provided expenditures for
such purpose are within amounts appropriated therefor.
  2. The [director] OFFICE shall exercise general supervision  over  the
utilization  of  correctional alternative programs throughout the state.
[He] THE OFFICE shall collect statistical and other information and make
recommendations regarding the availability, identification, coordination
and utilization of such programs. The [director] OFFICE  shall  endeavor
to  facilitate  communication and coordination among and between correc-
tional alternative programs and probation services in order to assist in
making effective  use  of  such  programs.  A  correctional  alternative
program  shall  be deemed to refer to those programs, including eligible
programs as defined in paragraph b of subdivision  one  of  section  two
hundred  sixty-one of this chapter, which by themselves, or when used in
conjunction with one or more programs or with  probation  services,  may
serve as an alternative to a sentence or disposition of incarceration or
a  portion  thereof, and which shall serve the interests of justice. The
[director] OFFICE shall further exercise general  supervision  over  the
administration  and  implementation  of  alternatives  to  incarceration
service plans under the provisions of article thirteen-A of  this  chap-
ter. [He] THE OFFICE shall [adopt] RECOMMEND TO THE COMMISSIONER general
rules and regulations which shall regulate methods and procedures in the
administration  and  funding  of  alternative  to  incarceration service
plans, and any other correctional  alternative  program  funded  by  the
state  through  the  division,  including but not limited to issuance of
quarterly reports as specified by section  two  hundred  sixty-three  of
this  chapter.  [Such] WHEN DULY ADOPTED BY THE COMMISSIONER, SUCH rules
and regulations shall be binding upon all counties and eligible programs
that may be funded in such plans and when duly adopted  shall  have  the
force  and  effect of law. [He] THE OFFICE shall keep [himself] informed
as to the development, implementation and utilization of plans and fund-
ed eligible programs therein and shall from time to  time  inquire  into
and  report upon their work and efficiency. [He] THE OFFICE shall inves-
tigate the work of any funded plan or eligible program  and  shall  have
access to their records and offices for such purpose.
  (a)  The  [director] OFFICE shall have the authority to certify to the
commissioner [of  the  division  of  criminal  justice  services]  those
correctional alternative programs subject to supervision of the division
and  determined  to  perform  a criminal justice function, as defined in
subdivision ten of section eight hundred thirty-five  of  this  chapter,
for  the  purpose  of  permitting access to criminal history records for
criminal justice purposes, subject to the approval of  the  commissioner
[of  the  division  of criminal justice services]. Any such correctional
alternative program may apply for certification to the division in writ-
ing, on forms prescribed by the division. Such application shall  speci-
fy,  at  a  minimum, the following: the nature and scope of the program;
the necessity for access to  such  records  related  to  their  criminal
justice  function; the names of employees, and their job titles or posi-

S. 6606--A                         11                         A. 9706--A

tions, for whom access is being sought; and any  other  information  the
division deems necessary. Certification shall include the designation of
those  employees  of  such  programs  for whom access to such records is
authorized.  No  designated  employee  shall have access to such records
until such person has  satisfactorily  completed  appropriate  training,
required by the division [of criminal justice services].
  The [director] OFFICE shall [promulgate] RECOMMEND TO THE COMMISSIONER
rules  and  regulations which shall include guidelines and procedures on
the placement of sex offenders designated as level two  or  level  three
offenders  pursuant  to  article six-C of the correction law. Such regu-
lations shall instruct local probation departments to  consider  certain
factors  when  investigating and approving the residence of level two or
level three sex offenders sentenced  to  a  period  of  probation.  Such
factors shall include the following:
  S  18.  Subdivision  1 of section 483-d of the social services law, as
added by chapter 392 of the laws of 2005, is amended to read as follows:
  1. Committee established.   There is  hereby  established  within  the
council an out-of-state placement committee comprised of the commission-
er  of  children and family services, the commissioner of mental health,
the commissioner of mental retardation and  developmental  disabilities,
the  commissioner  of  education,  the  commissioner  of  alcoholism and
substance abuse services, the commissioner of health, and  the  director
of the [division] OFFICE of probation and correctional alternatives.
  S  19.  Section 244 of the executive law, as amended by chapter 906 of
the laws of 1974, is amended to read as follows:
  S 244. Hostels and foster homes. 1. The [director]  OFFICE  is  hereby
authorized  to  provide  or  to  pay for care in a hostel or foster home
approved by [him] THE OFFICE as suitable for such cases for  any  proba-
tioner  or  parolee  under  the  age of twenty-one years when the parole
board or a judge of a court determines that there is no  other  suitable
home  for such probationer or parolee and that such probationer or paro-
lee should be placed in such hostel  or  foster  home.  In  addition  to
payment  for  such care, when ordered by the board or court, the [direc-
tor] OFFICE is authorized to provide  or  pay  for  clothing  and  other
necessities,  including  medical and psychiatric treatment, required for
the welfare of such probationer or parolee. The  [director]  OFFICE  may
also provide or contract for such care in any suitable facility operated
by a department of correction or by any other public or voluntary social
welfare  agency,  institution  or  organization. A court with respect to
such a probationer and the parole board with respect to such  a  parolee
shall,  subject  to regulation by the [director] DIVISION control admis-
sions to and discharges from such hostels and foster homes. When  place-
ment is made in any hostel or foster home, or in any facility other than
a  public institution, such placement whenever practicable shall be in a
hostel, or facility operated by or in the home of a person or persons of
the same religious faith as the probationer or parolee.
  2. The [director] OFFICE shall have authority and the duty  to  stimu-
late  programs  for  the development of hostels and foster homes for the
care of probationers and parolees under the age of twenty-one years.
  S 20. Section 245 of the executive law, as amended by chapter  134  of
the laws of 1985, is amended to read as follows:
  S 245. Probation staff training and development. The [division] OFFICE
of  probation  and  correctional  alternatives  shall  conduct  training
programs for city, county and state  probation  personnel,  prepare  and
execute programs of information and education to interest persons in the
field  of  probation as a vocation, encourage the development by schools

S. 6606--A                         12                         A. 9706--A

within the state of courses of study in fields related  to  and  bearing
upon  probation  and  engage  in  other  activities of an educational or
informational nature  designed  to  increase  the  number  of  qualified
probation  personnel and improve the caliber of probation service within
the state.  In order to effectuate the provisions of this  section,  the
[division]  OFFICE  of  probation and correctional alternatives shall be
authorized to prepare and disseminate printed materials,  utilize  media
of public information, cooperate with public and private institutions of
learning  and  employ qualified persons as lecturers or consultants on a
fee basis to supplement services to be performed by its personnel  here-
under.  Such  fees  shall be payable out of funds appropriated for these
purposes on the audit and warrant of the comptroller on vouchers  certi-
fied or approved by the [director] OFFICE.
  S  21.    Subdivisions 1 and 3 of section 246 of the executive law, as
amended by chapter 134 of the laws of  1985,  are  amended  to  read  as
follows:
  1.  The  program  of  state  aid to county probation services shall be
continued. It shall be administered by the division  [of  probation  and
correctional  alternatives]  with  the  advice  of  the  state probation
commission. Funds appropriated to the division for distribution as state
aid to county probation services and to the probation  services  of  New
York  city  shall  be distributed by the division in accordance with the
provisions of this section, and rules adopted by the [director]  COMMIS-
SIONER  after  consultation  with  the  DIRECTOR AND THE state probation
commission.
  3. Applications from counties or the city of New York  for  state  aid
under  this  section  shall  be  made  by  filing  with the division [of
probation and correctional alternatives],  a  detailed  plan,  including
cost  estimates  covering  probation  services  for  the  fiscal year or
portion thereof for which aid is requested. Included in  such  estimates
shall  be  clerical costs and maintenance and operation costs as well as
salaries of probation personnel and such other pertinent information  as
the  director  may  require.  Items for which reimbursement is requested
under this section shall be duly designated in the estimates  submitted.
The  director,  after  consultation with the state probation commission,
shall approve such plan if it conforms  to  standards  relating  to  the
administration  of  probation services as specified in the rules adopted
by him.
  S 22. Section 247 of the executive law is REPEALED.
  S 23. Section 248 of the executive law, as added by chapter 479 of the
laws of 1970, the opening paragraph as amended by  chapter  134  of  the
laws of 1985, is amended to read as follows:
  S 248. Establishment  of  probation  scholarships.  The  [division  of
probation and  correctional  alternatives]  OFFICE,  [under  regulations
which it shall prescribe, and] out of moneys appropriated to it for that
purpose,  is  authorized  to grant scholarships for graduate training in
any course of study that would be of substantial value in the  field  of
probation  at  graduate  schools located within the state whose programs
are registered by the regents.
  Each such scholarship shall entitle the holder thereof to a sum not to
exceed four thousand dollars annually while in attendance at any of  the
said  schools  for  a period not to exceed two years of graduate profes-
sional study.
  Scholarships under this section shall be awarded only to residents  of
the  state of New York who hold a degree of bachelor of arts or bachelor
of science from a college or university, or the equivalent thereof.

S. 6606--A                         13                         A. 9706--A

  The [director] OFFICE, after consultation  with  the  state  probation
commission,  shall  [make] RECOMMEND TO THE COMMISSIONER rules governing
the award of such scholarships,  the  publication  of  notices  offering
scholarships,  the  issuance  and cancellation of certificates entitling
persons  to  the  benefits  thereof, the use of such scholarships by the
persons entitled thereto, the courses that may be  included  under  such
scholarships, the schools which may be attended under such scholarships,
the  rights  and  duties of scholarship holders and of the schools which
they attend, and providing generally for the carrying into effect of the
provisions of this section; and may, by appropriate rule,  require  that
holders  of  such  scholarships be available for employment in probation
work in the state of New York upon the completion of  the  training  for
which  the  scholarship  is provided. The [director] OFFICE shall, after
consultation with the state probation commission,  award  such  scholar-
ships  within such established rules, and any scholarship may be revoked
for cause.
  Payments of money under this section may be made to the holder of  the
scholarship  or to the school or college attended under the scholarship,
on behalf of, and for the benefit of, the holder of the scholarship.
  Payments of money shall be ordered by the comptroller upon vouchers of
the [director] OFFICE certifying that the person named therein is  enti-
tled to receive the sum either directly, or for his or her benefit.
  S  24. Subdivisions 2, 3 and 4 of section 257 of the executive law, as
amended by chapter 134 of the laws of  1985,  are  amended  to  read  as
follows:
  2.  The [state director] OFFICE of probation and correctional alterna-
tives may when necessary certify in writing the  need  of  one  or  more
salaried  probation officers to the official body charged with responsi-
bility for appropriating funds for support of government  in  the  poli-
tical  subdivision  of  the  state  wherein  a  probation  department is
located. Such body shall then determine whether such need exists and  if
found  to  exist  it  shall fix the salary of such probation officer and
appropriate the necessary funds, as well as provide  for  the  necessary
expenses of such officer.
  3. Each probation officer who collects or has custody of money, before
entering  upon  the  duties  of his OR HER office, shall execute a bond,
pursuant to the provisions of section eleven of the public officers law,
in a penal sum to be fixed by  the  local  director  of  probation  with
sufficient   sureties  approved  thereby,  conditioned  for  the  honest
accounting for all money received by him OR HER as such probation  offi-
cer.  In  the  discretion of the local director of probation, a position
scheduled bond covering all such probation officers may be procured  and
executed in lieu of such individual bonds. The accounts of all probation
officers  shall  be  subject  to  audit at any time by the proper fiscal
authorities and the [division]  OFFICE  of  probation  and  correctional
alternatives.
  4.  It shall be the duty of every probation officer to furnish to each
of his OR HER probationers a statement of the conditions  of  probation,
and  to  instruct  him  OR  HER  with  regard  thereto; to keep informed
concerning his OR HER conduct, habits,  associates,  employment,  recre-
ation  and  whereabouts;  to  contact  him  OR HER at least once a month
pursuant to rules promulgated by the [state director  of  probation  and
correctional  alternatives]  COMMISSIONER  OF  THE  DIVISION OF CRIMINAL
JUSTICE SERVICES; to aid and encourage him OR HER by friendly advice and
admonition; and by such other measures as  may  seem  most  suitable  to
bring  about  improvement  in  his OR HER conduct, condition and general

S. 6606--A                         14                         A. 9706--A

attitude toward society. Probation officers shall report to the head  of
the  probation  bureau or department who shall in turn report in writing
to the court and the [state director] OFFICE of  probation  and  correc-
tional  alternatives  at  least  monthly  or where there is no bureau or
department, directly to the court and the  [state  director]  OFFICE  of
probation  and  correctional  alternatives  concerning  the  conduct and
condition of probationers; keep records of their work as probation offi-
cers; keep accurate and complete accounts of all  money  collected  from
probationers;  give receipts therefor and make prompt returns thereof at
least monthly; aid in securing employment; perform such other duties  in
connection  with such probationer as the court may direct or as required
by the general rules adopted pursuant to section two hundred forty-three
of this chapter; and make such reports to the [state division] OFFICE of
probation and correctional alternatives as it may require.
  S 25. Paragraphs a, b, e and i of subdivision 1 of section 261 of  the
executive  law,  paragraphs  a, e and i as amended by chapter 338 of the
laws of 1989 and paragraph b as amended by chapter 461 of  the  laws  of
1990, are amended to read as follows:
  a.  "Service  plan" or "plan" means a county plan designed to identify
and provide eligible programs as determined by either an advisory  board
established pursuant to this article, or by an existing criminal justice
coordinating  council, provided, however, the membership of such council
includes a majority of those persons set forth  in  subdivision  two  of
this section, provided that one person shall be the chief administrative
officer.  The following factors considered, utilized and incorporated in
the plan shall include but not be limited to:
  (i) an analysis of the jail population to assist in determining incar-
ceration practices and trends,  including,  if  submitting  an  approved
amendment  pursuant to section two hundred sixty-six of this article, an
analysis of the relationship between alcohol, drugs and  crime  and  the
effects  of  alcohol  and  substance abuse on the local criminal justice
system and jail,  probation  and  alternatives  to  incarceration  popu-
lations,  consistent  with planning guidelines established by the [divi-
sion] OFFICE; the types and nature of  alternative  programming  needed,
and appropriate eligibility requirements;
  (ii) an analysis of recent overcrowding problems and measures taken by
the county to relieve them;
  (iii)  a  summary  of  existing  alternatives  programs and/or related
services and previous efforts made by the county to develop alternatives
to incarceration and if an approved amendment is submitted, pursuant  to
section  two  hundred  sixty-six  of this article, a summary of existing
alcohol and substance abuse programs;
  (iv) a comprehensive plan for the development of alternatives programs
that addresses the specific needs identified in subparagraph (i) of this
paragraph and furthers the county's long-range  goals  in  the  area  of
alternatives to incarceration;
  (v)  specific  proposals for the use of state aid available under this
chapter, including a description of services to be provided,  character-
istics of the target populations, steps to be taken to identify eligible
participants,  the  goals  and objectives to be accomplished through the
proposals;
  (vi) a detailed time frame for the implementation  and  evaluation  of
the specific proposals described in subparagraph (v) of this paragraph;
  (vii)  a  summary of those criteria by which the [division] OFFICE and
the state commission of correction may measure the proposal's impact  on
jail overcrowding; and

S. 6606--A                         15                         A. 9706--A

  (viii)  any  other information which the [division] OFFICE may request
consistent with the purposes of this chapter.
  Nothing  in  this  article  shall prohibit the development of regional
programs by two or more counties.
  b. "Eligible programs" means existing programs, enhancement of  exist-
ing programs or initiation of new programs or, if submitting an approved
amendment  pursuant  to  section  two hundred sixty-six of this article,
eligible alcohol and substance abuse programs as defined in paragraph  c
of  this subdivision which serve to assist the court, public officers or
others in identifying and avoiding the inappropriate use  of  incarcera-
tion. Such programs may be administered by either the county or private,
community-based  organizations and may include, but shall not be limited
to: new or enhanced specialized probation services  which  exceed  those
probation services otherwise required to be performed in accordance with
applicable law, rule or regulation of the [state] division of [probation
and  correctional alternatives] CRIMINAL JUSTICE SERVICES subject to the
provisions  of  this  article;  a  pre-trial  alternative  to  detention
program, including a comprehensive pre-arraignment program which screens
all defendants and ensures that the court is fully advised of the avail-
ability of alternatives based upon the defendant's suitability and needs
prior  to  its determination regarding the issuance of a securing order,
or an effective bail review program; alternatives  to  post-adjudicatory
incarceration  programs, including community service, substance abuse or
alcohol  intervention  programs;  and  management  information   systems
designed to improve the county's ability to identify appropriate persons
for  alternatives to detention or incarceration, as well as for improved
classification of persons within jail. For purposes of  this  paragraph,
community  service  programs  may  place  persons  performing  community
service at worksites identified by the commissioner of the department of
environmental conservation and the commissioner of the office of  parks,
recreation and historic preservation.
  e. "Approved plan" means a plan submitted by the county executive upon
approval  by  the advisory board or council and by the local legislative
body, which has been  determined  by  the  [division  of  probation  and
correctional  alternatives] OFFICE to meet the requirements set forth in
paragraph a of this subdivision.
  i. ["Division"] "OFFICE" means the [division] OFFICE of probation  and
correctional alternatives.
  S 26. Section 354-a of the executive law, as amended by chapter 355 of
the laws of 2004, is amended to read as follows:
  S 354-a. Information  on  status  of  veterans  receiving  assistance.
Departments, divisions, bureaus, boards, commissions and agencies of the
state and political  subdivisions  thereof,  which  provide  assistance,
treatment,  counseling,  care,  supervision  or custody in service areas
involving health, mental health, family services,  criminal  justice  or
employment,  including  but  not limited to the office of alcoholism and
substance abuse services, office of mental health, [division] OFFICE  of
probation  and  correctional alternatives, office of children and family
services, office of temporary and disability assistance,  department  of
health,  department  of labor, local workforce investment boards, office
of mental retardation  and  developmental  disabilities,  department  of
correctional  services  and  division  of parole, shall request assisted
persons to provide information with regard to their veteran  status  and
military  experiences.  Individuals  identifying  themselves as veterans
shall be advised that the division of veterans' affairs and local veter-
ans' service agencies established  pursuant  to  section  three  hundred

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fifty-seven  of  this  article  provide assistance to veterans regarding
benefits under federal and state  law.  Information  regarding  veterans
status  and  military  service  provided  by  assisted persons solely to
implement  this  section  shall  be  protected  as personal confidential
information under article six-A  of  the  public  officers  law  against
disclosure  of  confidential  material,  and  used only to assist in the
diagnosis, treatment, assessment and handling of the veteran's  problems
within  the  agency  requesting  such  information  and in referring the
veteran to the division of veterans' affairs for information and assist-
ance with regard to benefits and entitlements under  federal  and  state
law.
  S  27.  Subdivision 1 of section 410.92 of the criminal procedure law,
as added by chapter 377 of the laws of  2007,  is  amended  to  read  as
follows:
  1.  The  [division]  OFFICE of probation and correctional alternatives
shall establish a pilot project to  implement  the  provisions  of  this
section.    Such  pilot  project  shall  be established in four counties
designated by the [division] OFFICE of probation and correctional alter-
natives provided that each such county shall be in a distinct region  of
the  state outside of the city of New York. The state [director] COMMIS-
SIONER of [probation and  correctional  alternatives]  THE  DIVISION  OF
CRIMINAL  JUSTICE SERVICES shall have the power to adopt rules and regu-
lations necessary to effectuate the provisions of this section.
  S 28.  Subdivision 5 of section 410.92 of the criminal procedure  law,
as  added  by  chapter  377  of  the laws of 2007, is amended to read as
follows:
  5. The [division] OFFICE of probation  and  correctional  alternatives
shall  develop  a standard reporting form that will be used by probation
departments for collecting data relating  to  detainer  warrants  issued
pursuant to subdivision two of this section. The [division] OFFICE shall
prepare  a  report  of  the  usage and impact of detainer warrants which
shall include but not be limited to the number of warrants requested and
granted and, for each case, the title of the individual  or  individuals
issuing   warrants  in  each  jurisdiction,  the  summary  of  technical
violations of conditions of probation for which a warrant is sought, the
efforts to find  an  available  judge,  the  judicial  action  taken  in
response  to  the  warrant,  the  probationer's crime of conviction, the
probationer's race and ethnicity, and such additional information deemed
necessary and relevant by the [division] OFFICE. Such  report  shall  be
submitted to the governor, the temporary president of the senate and the
speaker of the assembly no later than the first day of May following the
effective  date  of this subdivision and annually thereafter. Each local
director of probation shall maintain and report to the [state]  director
of  THE OFFICE OF probation and correctional alternatives records suffi-
cient to allow the compilation of such reports.
  S 29. Paragraph (a) of subdivision 20 of section 623 of the  executive
law,  as  amended by chapter 418 of the laws of 1986, is amended to read
as follows:
  (a)  Information  transmitted  by  the  [state  division]  OFFICE   of
probation  and  correctional  alternatives  under  subdivision  five  of
section 390.30 of the criminal procedure law and  subdivision  seven  of
section  351.1  of  the  family court act which the board shall compile,
review and make recommendations on how to promote the use of restitution
and encourage its enforcement.
  S 30. Subdivision 1 of section 643 of the executive law, as  added  by
chapter 94 of the laws of 1984, is amended to read as follows:

S. 6606--A                         17                         A. 9706--A

  1.  As  used  in this section, "crime victim-related agency" means any
agency of state government which provides services to or deals  directly
with  crime  victims,  including (a) the [department of social services]
OFFICE OF CHILDREN AND FAMILY SERVICES, the office [of] FOR  the  aging,
the  division of veterans affairs, [the division of probation] the divi-
sion of parole, [the crime victims board,] the department of motor vehi-
cles, the office of vocational rehabilitation, the workers' compensation
board, the department  of  health,  the  division  of  criminal  justice
services,  the  office  of mental health, every transportation authority
and the division of state police, and (b) any other agency so designated
by the governor within  ninety  days  of  the  effective  date  of  this
section.
  S 31. Subdivision 9 of section 835 of the executive law, as amended by
chapter 602 of the laws of 2008, is amended to read as follows:
  9.  "Qualified agencies" means courts in the unified court system, the
administrative board of the judicial conference, probation  departments,
sheriffs'  offices, district attorneys' offices, the state department of
correctional services[, the state division of probation], the department
of correction of any municipality, the insurance frauds  bureau  of  the
state  department  of  insurance,  the  office  of  professional medical
conduct of the state department of health for the  purposes  of  section
two  hundred  thirty  of  the  public  health  law, the child protective
services unit of a local social services  district  when  conducting  an
investigation  pursuant to subdivision six of section four hundred twen-
ty-four of the social services law, the  office  of  Medicaid  inspector
general,  the  temporary state commission of investigation, the criminal
investigations bureau of  the  banking  department,  police  forces  and
departments  having responsibility for enforcement of the general crimi-
nal laws of the state  and  the  Onondaga  County  Center  for  Forensic
Sciences  Laboratory when acting within the scope of its law enforcement
duties.
  S 32. Subdivision 8 of section 92  of  the  public  officers  law,  as
amended  by  chapter  336  of  the  laws  of 1992, is amended to read as
follows:
  (8) Public safety  agency  record.  The  term  "public  safety  agency
record"  means  a  record of the commission of correction, the temporary
state  commission  of  investigation,  the  department  of  correctional
services,  the  [division  for  youth]  OFFICE  OF  CHILDREN  AND FAMILY
SERVICES, the division of parole, the [crime victims  board]  OFFICE  OF
VICTIM  SERVICES,  the  [division]  OFFICE of probation and correctional
alternatives or the division of state police or of any agency or  compo-
nent thereof whose primary function is the enforcement of civil or crim-
inal statutes if such record pertains to investigation, law enforcement,
confinement  of  persons  in  correctional  facilities or supervision of
persons pursuant to criminal conviction or court order, and any  records
maintained  by  the  division  of  criminal justice services pursuant to
sections eight hundred thirty-seven, eight hundred thirty-seven-a, eight
hundred thirty-seven-b,  eight  hundred  thirty-seven-c,  eight  hundred
thirty-eight,  eight  hundred thirty-nine, eight hundred forty-five, and
eight hundred forty-five-a of the executive law and by the department of
state pursuant to section ninety-nine of the executive law.
  S 33. The opening paragraph of  paragraph  (b)  of  subdivision  6  of
section  1198  of the vehicle and traffic law, as amended by chapter 669
of the laws of 2007, is amended to read as follows:
  After consultation with manufacturers of  ignition  interlock  devices
and the national highway traffic safety administration, the commissioner

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of  the  department of health, in consultation with the commissioner and
the [director of the division]  OFFICE  of  probation  and  correctional
alternatives,  shall promulgate regulations regarding standards for, and
use  of,  ignition  interlock  devices.  Such  standards  shall  include
provisions for setting a minimum and maximum calibration range and shall
include, but not be limited to, requirements that the devices:
  S 34. Paragraph hh of subdivision 1 of section 3-0301 of the  environ-
mental  conservation law, as amended by chapter 461 of the laws of 1990,
is amended to read as follows:
  hh. Cooperate with the [division] OFFICE of probation and correctional
alternatives by identifying appropriate worksites where persons perform-
ing community service as part of a criminal disposition may be  assigned
to  provide  cleanup and other maintenance services in order to preserve
and enhance the state's natural beauty and human-made scenic  qualities.
Such  sites  may  include but are not limited to the state's shorelines,
beaches, parks, roadways, historic sites and other natural or human-made
resources.
  S 35. Paragraph (m) of subdivision 1 of section  2782  of  the  public
health law, as amended by chapter 193 of the laws of 1991, is amended to
read as follows:
  (m)  an  employee  or  agent of the [division] OFFICE of probation and
correctional alternatives or any local probation department, in  accord-
ance  with  paragraph  (a)  of  subdivision  two of section twenty-seven
hundred eighty-six of this article, to the extent the employee or  agent
is  authorized to access records containing such information in order to
carry out the [division's] OFFICE'S or  department's  functions,  powers
and  duties  with respect to the protected individual, pursuant to arti-
cles twelve and twelve-A of the executive law;
  S 36. Subdivision 2-f of section 3.09 of  the  parks,  recreation  and
historic preservation law, as amended by chapter 461 of the laws of 1990
and  as  separately  renumbered  by  chapters 460 and 552 of the laws of
2001, is amended to read as follows:
  2-f. Cooperate with the [division] OFFICE of probation and correction-
al alternatives  by  identifying  appropriate  worksites  where  persons
performing  community  service  as part of a criminal disposition may be
assigned to provide cleanup and other maintenance services in  order  to
preserve  and  enhance  the state's natural beauty and human-made scenic
qualities. Such sites may include but are not  limited  to  the  state's
shorelines,  beaches,  parks, roadways, historic sites and other natural
or human-made resources.
  S 37. Paragraph 2 of subdivision (a) of section 19.09  of  the  mental
hygiene  law, as added by chapter 223 of the laws of 1992, is amended to
read as follows:
  (2) Upon the request of a state agency, including but not  limited  to
the  department of correctional services, the [state division] OFFICE of
probation and correctional alternatives, the [division for youth] OFFICE
OF CHILDREN AND FAMILY SERVICES, and the board of  parole,  the  commis-
sioner  shall have the power to provide alcoholism, substance abuse, and
chemical dependence services either directly or through agreements  with
local certified or approved providers to persons in the custody or under
the  jurisdiction  of the requesting agency within amounts available and
within priorities established through the planning process.
  S 38. Subdivision 4 of section 65.10 of the penal  law,  as  added  by
chapter 653 of the laws of 1996, is amended to read as follows:
  4.  Electronic  monitoring.  When imposing a sentence of probation the
court may, in addition to any conditions imposed  pursuant  to  subdivi-

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sions  two and three of this section, require the defendant to submit to
the use of an electronic monitoring device and/or to follow  a  schedule
that  governs  the  defendant's  daily  movement.  Such condition may be
imposed only where the court, in its discretion, determines that requir-
ing  the  defendant  to  comply  with such condition will advance public
safety, probationer control or  probationer  surveillance.    Electronic
monitoring shall be used in accordance with uniform procedures developed
by the [division] OFFICE of probation and correctional alternatives.
  S  39. Subdivision 1 of section 89-e of the correction law, as amended
by chapter 550 of the laws of 1987, is amended to read as follows:
  1. The alternate correctional facility review panel is  hereby  estab-
lished  and shall consist of the commissioner, the chairman of the state
commission of correction, the chairman  of  the  board  of  parole,  the
director of the [division] OFFICE of probation and correctional alterna-
tives, the commissioner of correction of the city of New York, the pres-
ident  of  the New York State Sheriffs' Association Institute, Inc., and
the president of the Correctional  Association  of  New  York  or  their
designees.  The governor shall appoint a chairman and vice-chairman from
among the members.
  S 40. Subdivision 4 of section 270 of the correction law, as added  by
section  1  of  part SS of chapter 56 of the laws of 2009, is amended to
read as follows:
  4. "Division" means the division of [probation and correctional alter-
natives] CRIMINAL JUSTICE SERVICES.
  S 41. Subdivision 1 of section 705 of the correction law,  as  amended
by chapter 193 of the laws of 1991, is amended to read as follows:
  1.  All  applications, certificates and orders of revocation necessary
for the purposes of this article shall be upon forms prescribed pursuant
to agreement among the state commissioner of correctional services,  the
chairman of the state board of parole and the administrator of the state
judicial  conference. Such forms relating to certificates of relief from
disabilities shall be distributed by the [director of  the  state  divi-
sion] OFFICE of probation and correctional alternatives and forms relat-
ing to certificates of good conduct shall be distributed by the chairman
of the board of parole.
  S  42.  The  opening  paragraph  of subdivision 4 and subdivision 5 of
section 390.30 of the criminal procedure law, the opening  paragraph  of
subdivision 4 as amended by chapter 618 of the laws of 1992 and subdivi-
sion  5  as added by chapter 14 of the laws of 1985, are amended to read
as follows:
  In lieu of the procedure set forth in subdivisions one, two and  three
OF  THIS  SECTION, where the conviction is of a misdemeanor the scope of
the pre-sentence investigation may  be  abbreviated  and  a  short  form
report  may  be  made.   The use of abbreviated investigations and short
form reports, the matters to be covered therein  and  the  form  of  the
reports shall be in accordance with the general rules regulating methods
and  procedures  in the administration of probation as adopted from time
to time by the [state director of probation  and  correctional  alterna-
tives]  COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES pursu-
ant to the provisions of article twelve of the executive  law.  No  such
rule, however, shall be construed so as to relieve the agency conducting
the investigation of the duty of investigating and reporting upon:
  5.  Information  to  be  forwarded  to  the [state division] OFFICE of
probation AND CORRECTIONAL ALTERNATIVES.   Investigating agencies  under
this  article  shall be responsible for the collection, and transmission
to the [state division] OFFICE of probation  AND  CORRECTIONAL  ALTERNA-

S. 6606--A                         20                         A. 9706--A

TIVES,  of  data  on  the  number  of victim impact statements prepared,
pursuant to regulations of the [division]  OFFICE.    [Such  information
shall  be  transmitted  to  the  crime victims board and included in the
board's  annual  report  pursuant  to  subdivision twenty of section six
hundred twenty-three of the executive law.]
  S 43. Subdivision 1 of section 410.80 of the criminal  procedure  law,
as  amended  by  chapter  191 of the laws of 2007, is amended to read as
follows:
  1. Authority to transfer supervision. Where a probationer at the  time
of  sentencing  resides  in  another  jurisdiction within the state, the
sentencing court shall transfer supervision to the appropriate probation
department in such other jurisdiction. Where, after a probation sentence
is pronounced, a probationer desires to reside in  another  jurisdiction
within the state that is not served by the sentencing court, such court,
in its discretion, may approve a change in residency and, upon approval,
shall transfer supervision to the appropriate probation department serv-
ing the county of the probationer's proposed new residence. Any transfer
under  this  subdivision must be in accordance with rules adopted by the
[director] COMMISSIONER  of  the  [state]  division  of  [probation  and
correctional alternatives] CRIMINAL JUSTICE SERVICES.
  S  44.  Subdivision 8 of section 420.10 of the criminal procedure law,
as amended by chapter 506 of the laws of 1985, paragraph  (a)  as  sepa-
rately  amended  by  chapters  134,  233 and 506 of the laws of 1985 and
paragraph (b) as separately amended by chapters 134 and 506 of the  laws
of 1985, is amended to read as follows:
  8.  Designation  of restitution agency. (a) The chief elected official
in each county, and in the city of New York the mayor,  shall  designate
an  official  or  organization  other  than  the district attorney to be
responsible for the collection and  administration  of  restitution  and
reparation payments under provisions of the penal law and this chapter[;
provided,  however,  that  where  the  state  division  of probation and
correctional alternatives provides for and delivers  probation  services
pursuant  to  the  provisions  of section two hundred forty-seven of the
executive law the state division of probation and correctional  alterna-
tives  shall  have  the  first  option of designating such agency as the
restitution agency for such county]. This official or organization shall
be eligible for the designated surcharge  provided  for  by  subdivision
eight of section 60.27 of the penal law.
  (b)  The  restitution  agency,  as designated by paragraph (a) of this
subdivision, shall be responsible for the collection of data on a month-
ly basis regarding the numbers  of  restitution  and  reparation  orders
issued,  the  numbers of satisfied restitution and reparation orders and
information concerning the types of crimes for which  such  orders  were
required.  A  probation  department designated as the restitution agency
shall then forward such information to the [director of the state  divi-
sion] OFFICE of probation and correctional alternatives within the first
ten days following the end of each month [who shall transmit such infor-
mation to the division of criminal justice services]. In all other cases
the  restitution agency shall report to the division of criminal justice
services directly. The  division  of  criminal  justice  services  shall
compile  and  review  all  such  information and make recommendations to
promote the use of restitution and encourage its enforcement.
  S 45. Section 252-a of the family court act, as added by chapter 55 of
the laws of 1992, is amended to read as follows:
  S 252-a. Fees. (a) Notwithstanding any other provision of  law,  every
county,  including the city of New York, may adopt a local law authoriz-

S. 6606--A                         21                         A. 9706--A

ing its probation department which is ordered  to  conduct  an  investi-
gation  pursuant  to  section  six hundred fifty-three of this [chapter]
ACT, to be entitled to a fee of not less than fifty dollars and not more
than  five  hundred  dollars  from  the  parties  in such proceeding for
performing such investigation. Such fee shall be based  on  the  party's
ability  to  pay  the fee and the schedule for payment shall be fixed by
the court issuing the order for investigation, pursuant  to  the  guide-
lines  issued  by the [director of the division] OFFICE of probation and
correctional alternatives, and may in the discretion  of  the  court  be
waived  when the parties lack sufficient means to pay the fee. The court
shall apportion the fee between the parties based  upon  the  respective
financial circumstances of the parties and the equities of the case.
  (b)  Fees pursuant to this section shall be paid directly to the local
probation department to be retained and  utilized  for  local  probation
services,  and  shall  not  be  considered  by  the [division] OFFICE of
probation AND  CORRECTIONAL  ALTERNATIVES  when  determining  state  aid
[reimbursement]  pursuant to section two hundred forty-six of the execu-
tive law.
  S 46. Subdivision 7 of section 351.1 of the family court act, as added
by chapter 418 of the laws of 1986, is amended to read as follows:
  7. The probation services  which  prepare  the  investigation  reports
shall  be  responsible for the collection and transmission to the [state
division] OFFICE of probation and correctional alternatives, of data  on
the number of victim impact statements prepared, pursuant to regulations
of  the  division.   [Such information shall be transmitted to the crime
victims board and included in the  board's  annual  report  pursuant  to
subdivision  twenty of section six hundred twenty-three of the executive
law.]
  S 47. Subdivision 2 of section 385.1  of  the  family  court  act,  as
amended  by  chapter  134  of  the  laws  of 1985, is amended to read as
follows:
  2. The [division] OFFICE of probation  and  correctional  alternatives
shall  include  in its annual report to the legislature and the governor
information, by county, showing the total number  of  delinquency  cases
adjusted prior to filing.
  S 48. Intentionally omitted.
  S 49. Intentionally omitted.
  S 50. Section 177-e of the judiciary law is REPEALED.
  S  51.   Paragraph (g) of subdivision 1 of section 1193 of the vehicle
and traffic law, as added by chapter 496 of the laws of 2009, is amended
to read as follows:
  (g) The [division] OFFICE of probation and  correctional  alternatives
shall  [promulgate]  RECOMMEND  TO  THE  COMMISSIONER OF THE DIVISION OF
CRIMINAL  JUSTICE  SERVICES  regulations  governing  the  monitoring  of
compliance by persons ordered to install and maintain ignition interlock
devices to provide standards for monitoring by departments of probation,
and  options for monitoring of compliance by such persons, that counties
may adopt as an alternative to monitoring by a department of probation.
  S 51-a. Subdivisions 5 and 6 of section 257-c of the executive law, as
added by chapter 55 of the laws of 1992, are amended to read as follows:
  5. Monies collected pursuant to this section  shall  be  utilized  for
probation  services by the local probation department. Such moneys shall
not be considered by the division when determining state aid [reimburse-
ment] pursuant to section two hundred forty-six of  the  executive  law.
Monies  collected  shall  not be used to replace federal funds otherwise
utilized for probation services.

S. 6606--A                         22                         A. 9706--A

  6. The [director] COMMISSIONER of the division shall submit a  report,
with  recommendations,  to  the  governor,  temporary  president  of the
senate, speaker of the assembly, to the chairpersons of the senate crime
and correction committee,  and  assembly  correction  committee,  senate
codes committee and assembly codes committee on or before January first,
nineteen  hundred ninety-three and January first, nineteen hundred nine-
ty-four as to the effectiveness of the probation administrative  fee  in
enhancing  the delivery of probation services throughout the state.  The
report shall include, but not be limited to, amounts of fees imposed and
collected, rates of payment for different categories of convictions  and
types  of  offenders,  and  remedies  utilized  and  costs  incurred for
collection in cases of non-payment.
  S 51-b. Section 385.2 of the family court act, as amended  by  chapter
134 of the laws of 1985, is amended to read as follows:
  S 385.2. Consolidation of records within a city having a population of
one  million  or  more. Notwithstanding any other provision of law, in a
city having a population of one million or more, an index of the records
of the local probation departments located in  the  counties  comprising
such  city for proceedings under article three shall be consolidated and
filed in a central  office  for  use  by  the  family  court  and  local
probation service in each such county. After consultation with the state
administrative  judge,  THE  COMMISSIONER  OF  THE  DIVISION OF CRIMINAL
JUSTICE SERVICES IN CONSULTATION WITH the [state] director of THE OFFICE
OF probation and correctional alternatives shall specify the information
to be contained in such index and the organization of such  consolidated
file.
  S  51-c.  Section 783-a of the family court act, as amended by chapter
134 of the laws of 1985, is amended to read as follows:
  S 783-a. Consolidation of records within a city having a population of
one million or more. Notwithstanding any other provision of  law,  in  a
city having a population of one million or more, an index of the records
of  the  local  probation departments located in the counties comprising
such city for proceedings under article seven shall be consolidated  and
filed  in  a  central  office  for  use  by  the  family court and local
probation service in each such county. After consultation with the state
administrative judge, THE  COMMISSIONER  OF  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES,  IN  CONSULTATION  WITH  the  [state] director of THE
OFFICE OF probation and  correctional  alternatives  shall  specify  the
information  to  be contained in such index and the organization of such
consolidated file.
  S 51-d. Paragraph (b) of subdivision 4 of section 34-a of  the  social
services law, as added by section 18 of part E of chapter 57 of the laws
of 2005, is amended to read as follows:
  (b)  The  commissioner  of  the office of children and family services
shall review and approve or disapprove the diversion services portion of
the plan jointly with the  director  of  THE  OFFICE  OF  probation  and
correctional  alternatives  or any other successor agency or entity. The
requirements for the portion  of  the  plan  and  report  regarding  the
provision  of  diversion  services  shall  be jointly established by the
commissioner of the office of  children  and  family  services  and  the
director of THE OFFICE OF probation and correctional alternatives or any
other  successor  agency  or  entity.   The multi-year services plan and
where appropriate the annual implementation reports shall be based  upon
a  written  understanding between the local social services district and
the probation department which outlines the cooperative procedures to be
followed by  both  parties  regarding  diversion  services  pursuant  to

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section  seven  hundred  thirty-five of the family court act, consistent
with their respective obligations as otherwise required by law.
  S  51-e.  Subdivision  1 of section 483 of the social services law, as
added by section 2 of part F2 of chapter 62 of  the  laws  of  2003,  is
amended to read as follows:
  1. There shall be a council on children and families established with-
in  the office of children and family services consisting of the follow-
ing members: the state commissioner of children and family services, the
commissioner of temporary and disability assistance, the commissioner of
mental health, the commissioner of mental retardation and  developmental
disabilities, the commissioner of the office of alcoholism and substance
abuse  services,  the commissioner of education, the [state] director of
THE OFFICE OF probation and correctional alternatives, the  commissioner
of  health,  the  commissioner  of  the  division  of  criminal  justice
services, the state advocate for persons with disabilities, the director
of the office for the aging, the commissioner of labor, and the chair of
the commission on quality of care for the mentally disabled. The  gover-
nor  shall  designate  the  chair of the council and the chief executive
officer (CEO).
  S 51-f. Subparagraph (i) of paragraph (a) of subdivision 3 of  section
483-c  of  the  social services law, as added by section 2 of part F2 of
chapter 62 of the laws of 2003, is amended to read as follows:
  (i) State tier III team. There is  hereby  established  a  state  team
designated  as  the "tier III team", which shall consist of the chair of
the council, the commissioners of children and family  services,  mental
health,  health,  education,  alcohol  and substance abuse services, and
mental retardation and developmental disabilities, and the  director  of
THE  OFFICE  OF probation and correctional alternatives, or their desig-
nated representatives, and representatives of families of children  with
emotional  and/or  behavioral  disorders.  Other  representatives may be
added at the discretion of such team.
  S 51-g. Subdivision 3 of section 702 of the correction law, as amended
by chapter 134 of the laws of 1985, is amended to read as follows:
  3. Where a certificate of relief from disabilities is  not  issued  at
the  time sentence is pronounced it shall only be issued thereafter upon
verified application to the court. The court may,  for  the  purpose  of
determining  whether  such  certificate  shall  be  issued,  request its
probation service to conduct an investigation of the  applicant,  or  if
the  court has no probation service it may request the probation service
of the county court for the county in which  the  court  is  located  to
conduct  such  investigation[,  or if there be no such probation service
the court may request the state director of probation  and  correctional
alternatives  to  arrange for such investigation]. Any probation officer
requested to make  an  investigation  pursuant  to  this  section  shall
prepare and submit to the court a written report in accordance with such
request.
  S  51-h. Subdivision 4 of section 995-c of the executive law, as added
by chapter 737 of the laws of 1994, is amended to read as follows:
  4. The commissioner of the division of criminal justice  services,  in
consultation with the commission, the commissioner of health, the [divi-
sions] DIVISION of parole [and], THE DIRECTOR OF THE OFFICE of probation
and   correctional  alternatives  and  the  department  of  correctional
services, shall promulgate rules and regulations  governing  the  proce-
dures  for  notifying  designated  offenders of the requirements of this
section.

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  S 52.  Section 575 of the executive law, as added by  chapter  463  of
the laws of 1992, paragraph (e) of subdivision 3 as amended and subdivi-
sion  9  as  added  by chapter 368 of the laws of 1997, paragraph (b) of
subdivision 4 as amended by chapter 255 of the laws of 2008,  paragraphs
(c), (d) and (e) of subdivision 4 as amended and subdivisions 7 and 8 as
added by chapter 396 of the laws of 1994, and subdivision 10 as added by
chapter 297 of the laws of 1998, is amended to read as follows:
  S 575. [New  York  state office] OFFICE for the prevention of domestic
violence. 1.  Establishment of office. There is hereby established with-
in the [executive department the "New York state] DIVISION  OF  CRIMINAL
JUSTICE  SERVICES THE office for the prevention of domestic violence["],
hereinafter in this section referred to as the "office".
  1-A. THE OFFICE SHALL BE HEADED BY A DIRECTOR, WHO SHALL BE  APPOINTED
BY  THE  COMMISSIONER  OF THE DIVISION OF CRIMINAL JUSTICE SERVICES. THE
DIRECTOR SHALL SERVE AS A SPECIAL  ADVISOR  TO  THE  GOVERNOR  REGARDING
MATTERS  PERTAINING  TO  THE  PREVENTION  OF  AND  RESPONSE  TO DOMESTIC
VIOLENCE, AND SHALL, IN CONSULTATION WITH THE  COMMISSIONER,  COORDINATE
AND  RECOMMEND  POLICY  RELATING  TO THE PREVENTION OF DOMESTIC VIOLENCE
THROUGHOUT THE STATE. THE COMMISSIONER, IN CONSULTATION WITH THE  DIREC-
TOR, SHALL ALSO APPOINT STAFF AND PERFORM SUCH OTHER FUNCTIONS TO ENSURE
THE  EFFICIENT OPERATION OF THE OFFICE WITHIN THE AMOUNTS MADE AVAILABLE
THEREFOR BY APPROPRIATION.
  2. Duties and responsibilities. The office shall advise  the  governor
and  the  legislature on the most effective ways for state government to
respond to the problem of domestic violence. In fulfilling this  respon-
sibility,  the  office shall consult with experts, service providers and
representative organizations in the field of domestic violence and shall
act as an advocate for domestic violence victims and programs.
  3. Activities. In addition, the office  shall  develop  and  implement
policies  and  programs  designed to assist victims of domestic violence
and their families, and to provide education  and  prevention,  training
and  technical  assistance.  Such  domestic  violence-related activities
shall include, but not be limited to:
  (a) Serving as a clearinghouse for information and materials;
  (b) Developing and coordinating community outreach and  public  educa-
tion throughout the state;
  (c) Developing and delivering training to professionals, including but
not limited to professionals in the fields of:
  (i) domestic violence;
  (ii) health and mental health;
  (iii) social and human services;
  (iv) public education;
  (v) law enforcement and criminal justice;
  (vi) alcohol and substance abuse.
  (d) Developing and promoting school-based prevention programs;
  (e)  Providing  technical  assistance  to  state  and local government
bodies and other agencies and to private not-for-profit corporations, on
effective policies and responses to domestic violence, including  devel-
opment  of a model domestic violence policies[, pursuant to subdivisions
seven, eight and nine of this section];
  (f) Promoting and facilitating  interagency  cooperation  among  state
agencies  and  intergovernmental cooperation between different levels of
government in the state in the delivery and/or funding of services;
  (g) Operating as  an  advocate  for  domestic  violence  services  and
victims;

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  (h)  Undertaking  program  and  services  needs assessments on its own
initiative or at the request of the governor, the legislature or service
providers;
  (i)  Examining  the  relationship  between domestic violence and other
problems and making recommendations for effective policy response;
  (j) Collecting data, conducting research, and holding public hearings;
  (k) Making periodic reports to the governor and the legislature recom-
mending policy and program directions and reviewing  the  activities  of
the office;
  (l)  Any  other activities including the making of and promulgation of
rules and regulations deemed necessary to facilitate the  prevention  of
domestic violence within the scope and purview of this article which are
not otherwise inconsistent with any other provisions of law.
  4.  Advisory council. (a) An advisory council is hereby established to
make recommendations on domestic violence related issues  and  effective
strategies  for  the  prevention  of domestic violence, to assist in the
development of appropriate policies and priorities for effective  inter-
vention,  public  education  and  advocacy, and to facilitate and assure
communication and coordination  of  efforts  among  state  agencies  and
between  different  levels of government, state, federal, and municipal,
for the prevention of domestic violence.
  (b) The advisory council shall consist of nine  members  and  fourteen
ex-officio  members.  Each member shall be appointed to serve for a term
of three years and shall continue in office until a successor  appointed
member  is made. A member appointed to fill a vacancy shall be appointed
for the unexpired term of the member he or she is to succeed. All of the
members shall be individuals with expertise  in  the  area  of  domestic
violence.  Three members shall be appointed by the governor, two members
shall be appointed upon the recommendation of the temporary president of
the senate, two members shall be appointed upon  the  recommendation  of
the  speaker  of  the  assembly,  one member shall be appointed upon the
recommendation of the minority leader of  the  senate,  and  one  member
shall be appointed upon the recommendation of the minority leader of the
assembly.  The ex-officio members of the advisory board shall consist of
[one representative from the  staff  of  each  of  the  following  state
departments  and  divisions] THE DIRECTOR OF THE OFFICE, WHO SHALL CHAIR
THE COUNCIL, AND THE FOLLOWING MEMBERS OR THEIR DESIGNEES:  THE  COMMIS-
SIONER  OF  THE office of temporary and disability services; THE COMMIS-
SIONER OF THE department of health; THE COMMISSIONER  OF  THE  education
department;  THE COMMISSIONER OF THE office of mental health; [division]
THE COMMISSIONER OF THE OFFICE of  alcoholism  and  [alcohol]  SUBSTANCE
abuse  SERVICES;  [division  of criminal justice services; division] THE
DIRECTOR OF THE OFFICE of probation and correctional  alternatives;  THE
COMMISSIONER  OF  THE  office  of  children  and family services; [crime
victims board] THE DIRECTOR OF THE OFFICE OF VICTIM SERVICES; THE  CHIEF
ADMINISTRATIVE  JUDGE OF THE office of court administration; THE COMMIS-
SIONER OF THE department of labor; THE DIRECTOR OF THE state office  for
the  aging; THE COMMISSIONER OF THE department of correctional services;
and THE CHAIR OF the division of parole.
  (c) [The governor shall appoint a member  as  chair  of  the  advisory
council to serve at the pleasure of the governor.
  (d)]  The  advisory council shall meet as often as deemed necessary by
the chair [or executive director] but in no event less  than  two  times
per year.
  [(e)]  (D) The members of the advisory council shall receive no salary
or other compensation for  their  services  but  shall  be  entitled  to

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reimbursement for actual and necessary expenses incurred in the perform-
ance  of  their  duties  within  amounts made available by appropriation
therefor subject to the approval of the  director  of  the  budget.  The
ex-officio  members  of the advisory council shall receive no additional
compensation for their services on the advisory council above the salary
they receive from the respective departments or  divisions  that  employ
them.
  5.  [Executive  director.  (a) The governor shall appoint an executive
director of the office who shall serve at the pleasure of the governor.
  (b) The executive director shall receive an annual salary fixed by the
governor within the amounts appropriated specifically therefor and shall
be  entitled  to  reimbursement  for  reasonable  expenses  incurred  in
connection with the performance of the director's duties.
  (c)  The executive director shall appoint staff and perform such other
functions to ensure the efficient operation of the office.
  6.] Assistance of other agencies. The office  may  request  and  shall
receive in a timely manner from any department, division, board, bureau,
commission  or  agency  of the state, such information and assistance as
shall enable it to properly carry out its powers and duties pursuant  to
this article.
  [7.  Model domestic violence policy for counties. (a) The office shall
convene a task force of  county  level  municipal  officials,  municipal
police  and  members  of  the  judiciary,  or their representatives, and
directors of domestic violence programs, including representatives  from
a  statewide  advocacy  organization  for  the  prevention  of  domestic
violence, to develop a model domestic violence policy for counties.  For
the  purposes  of this subdivision, "county" shall have the same meaning
as such term is defined in section three of the county law, except  that
the  city of New York shall be deemed to be one county. The office shall
give due consideration to  the  recommendations  of  the  governor,  the
temporary  president  of  the senate and the speaker of the assembly for
participation by any person on the task force, and shall make reasonable
efforts to assure regional balance in membership.
  (b) The purpose of the model policy shall be  to  provide  consistency
and coordination by and between county agencies and departments, includ-
ing criminal justice agencies and the judiciary, and, as appropriate, by
municipalities  or  other  jurisdictions  within  the  county  and other
governmental agencies and departments, by assuring that best  practices,
policies,  protocols  and  procedures  are  used to address the issue of
domestic violence, and to secure the safety of the victim including, but
not limited to:
  (i) response, investigation and arrest policies by police agencies;
  (ii) response by other criminal justice agencies,  including  disposi-
tion  of  domestic violence complaints, the provision of information and
orders of protection;
  (iii) response by human services and health agencies, including  iden-
tification, assessment, intervention and referral policies and responses
to victims and the perpetrators of domestic violence;
  (iv) training and appropriate and relevant measures for periodic eval-
uation of community efforts; and
  (v)  other  issues  as  shall be appropriate and relevant for the task
force to develop such policy.
  (c) Such model policy shall be reviewed by the task  force  to  assure
consistency  with  existing  law and shall be made the subject of public
hearings convened by the office throughout the state at  places  and  at
times which are convenient for attendance by the public, after which the

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policy  shall  be reviewed by the task force and amended as necessary to
reflect concerns raised at the hearings. If approved by the task  force,
such  model policy shall be provided as approved with explanation of its
provisions  to the governor and the legislature not later than two years
after the effective date of this subdivision. Notification of the avail-
ability of such model domestic violence policy  shall  be  made  by  the
office  to  every county in the state, and copies of the policy shall be
made available to them upon request.
  (d) The office in consultation  with  the  task  force,  providers  of
service, the advisory council and others, including representatives of a
statewide  advocacy  organization  for the prevention domestic violence,
shall provide technical support, information and encouragement to  coun-
ties  to  implement  the  provisions  of  the  model  policy on domestic
violence.
  (e) Nothing contained in this subdivision shall be deemed  to  prevent
the governing body of a county from designating a local advisory commit-
tee  to investigate the issues, work with providers of domestic violence
programs and other interested parties, and to aid in the  implementation
of the policy required by this subdivision. Such governing body or advi-
sory  committee  may request and shall receive technical assistance from
the office for the development of such a policy. Implementation  of  the
model  domestic  violence  policy  may  take  place in a form considered
appropriate by the governing body of  a  county,  including  guidelines,
regulations and local laws.
  (f)  The  office  shall survey county governments within four years of
the effective date of this subdivision to determine the level of compli-
ance with the model domestic violence policy, and shall take such  steps
as shall be necessary to aid county governments in the implementation of
such policy.
  8.  State  domestic violence policy. (a) The office shall survey every
state agency to determine any activities, programs, rules,  regulations,
guidelines  or  statutory  requirements  that  have a direct or indirect
bearing on the state's efforts and abilities to  address  the  issue  of
domestic  violence  including,  but  not  limited  to,  the provision of
services to victims and their families. Within two years of  the  effec-
tive date of this subdivision, the office shall compile such information
and  provide a report, with appropriate comments and recommendations, to
the governor and the legislature. For the purposes of this  subdivision,
"state  agency"  shall  have the same meaning as such term is defined in
section two-a of the state finance law.
  (b) Within three years of the effective date of this  subdivision  the
office  shall recommend a state domestic violence policy consistent with
statute and best practice, policies, procedures  and  protocols  to  the
governor  and the legislature. The purpose of such model policy shall be
to provide consistency and coordination by and  between  state  agencies
and departments to address the issue of domestic violence. In developing
such  model  policy,  the office shall consult with a statewide advocacy
organization for the prevention of domestic violence, and  shall  assure
that the advisory council reviews all data and recommendations and shall
not  submit  such  model  policy until approved by the advisory council.
Such recommendations shall be provided exclusive of any study or  report
the office is required to undertake pursuant to a chapter of the laws of
nineteen hundred ninety-four, entitled "the family protection and domes-
tic violence intervention act of 1994".
  (c)]  6. No state agency shall promulgate a rule pursuant to the state
administrative procedure act, or adopt a guideline or  other  procedure,

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including  a request for proposals, directly or indirectly affecting the
provision of services to victims of domestic violence, or the  provision
of   services   by  residential  or  non-residential  domestic  violence
programs, as such terms are defined in section four hundred fifty-nine-a
of  the  social  services  law, or establish a grant program directly or
indirectly affecting such victims of domestic violence or  providers  of
service,  without  first  consulting the office, which shall provide all
comments in response to such rules, guidelines or procedures in  writing
directly  to the chief executive officer of such agency, to the adminis-
trative regulations review committee and to the  appropriate  committees
of  the  legislature having jurisdiction of the subject matter addressed
within two weeks of receipt thereof, provided that failure of the office
to respond as required herein shall not otherwise impair the ability  of
such  state  agency to promulgate a rule. This paragraph shall not apply
to an appropriation which finances  a  contract  with  a  not-for-profit
organization  which  has  been identified for a state agency without the
use of a request for proposals.
  [9. Model domestic violence employee awareness and assistance  policy.
(a) The office shall convene a task force including members of the busi-
ness  community, employees, employee organizations, representatives from
the department of labor and the empire  state  development  corporation,
and  directors  of domestic violence programs, including representatives
of statewide advocacy  organizations  for  the  prevention  of  domestic
violence,  to  develop  a model domestic violence employee awareness and
assistance policy for businesses.
  The office shall give due consideration to the recommendations of  the
governor,  the temporary president of the senate, and the speaker of the
assembly for participation by any person on the task  force,  and  shall
make reasonable efforts to assure regional balance in membership.
  (b)  The purpose of the model employee awareness and assistance policy
shall be to provide businesses with the best practices, policies, proto-
cols and procedures in  order  that  they  ascertain  domestic  violence
awareness  in  the  workplace,  assist affected employees, and provide a
safe and helpful working environment for employees currently  or  poten-
tially  experiencing  the  effects  of domestic violence. The model plan
shall include but not be limited to:
  (i) the establishment of a definite corporate policy statement  recog-
nizing  domestic  violence as a workplace issue as well as promoting the
need to maintain job security for those employees currently involved  in
domestic violence disputes;
  (ii)  policy  and  service publication requirements, including posting
said policies and service availability  pamphlets  in  break  rooms,  on
bulletin boards, restrooms and other communication methods;
  (iii)  a listing of current domestic violence community resources such
as shelters, crisis intervention programs, counseling and  case  manage-
ment  programs, legal assistance and advocacy opportunities for affected
employees;
  (iv) measures to ensure workplace safety including, where appropriate,
designated parking areas, escort services and  other  affirmative  safe-
guards;
  (v)  training programs and protocols designed to educate employees and
managers in how to recognize, approach and assist employees experiencing
domestic violence, including both victims and batterers; and
  (vi) other issues as shall be appropriate and relevant  for  the  task
force in developing such model policy.

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  (c)  Such  model  policy shall be reviewed by the task force to assure
consistency with existing law and shall be made the  subject  of  public
hearings  convened  by  the office throughout the state at places and at
times which are convenient for attendance by the public, after which the
policy  shall  be reviewed by the task force and amended as necessary to
reflect concerns raised at the hearings. If approved by the task  force,
such  model policy shall be provided as approved with explanation of its
provisions to the governor and the legislature not later than  one  year
after  the  effective  date  of  this subdivision. The office shall make
every effort to notify businesses of  the  availability  of  such  model
domestic violence employee awareness and assistance policy.
  (d)  The  office  in  consultation  with  the task force, providers of
services, the advisory council, the  department  of  labor,  the  empire
state development corporation, and representatives of statewide advocacy
organizations  for  the  prevention  of domestic violence, shall provide
technical support,  information,  and  encouragement  to  businesses  to
implement  the provisions of the model domestic violence employee aware-
ness and assistance policy.
  (e) Nothing contained in this subdivision shall be deemed  to  prevent
businesses  from adopting their own domestic violence employee awareness
and assistance policy.
  (f) The office shall survey businesses within four years of the effec-
tive date of this  section  to  determine  the  level  of  model  policy
adoption  amongst  businesses  and shall take steps necessary to promote
the further adoption of such policy.
  10. New York state address confidentiality program. The  office  shall
study  and  issue  a  report  to the governor and the legislature on the
advisability and feasibility  of  creating  an  address  confidentiality
program in New York state to allow victims of domestic violence who have
left abusive relationships to keep new addresses confidential. The study
shall  include,  but not be limited to, an analysis of the various types
of public records involved in domestic violence cases in order to deter-
mine the appropriateness of such records for such program, the potential
effects of an address  confidentiality  program  on  the  record-keeping
practices  of  state  and local agencies, issues concerning inter-agency
cooperation, enforcement and procedure, the impact on the  court  system
and  any  fiscal  ramifications.  The office shall consult with experts,
service providers and  representative  organizations  in  the  field  of
domestic violence, other states which have created similar programs, the
division  of criminal justice services and the department of state.  The
office shall complete such study and  report  within  one  year  of  the
effective date of this subdivision.]
  S 53. Section 576 of the executive law is REPEALED.
  S 54. The article heading of article 21 of the executive law, as added
by chapter 463 of the laws of 1992, is amended to read as follows:
                        [NEW YORK STATE] OFFICE FOR
                   THE PREVENTION OF DOMESTIC VIOLENCE
  S  55.  Transfer of employees.  Notwithstanding any other provision of
law, rule, or regulation to the contrary, upon the transfer of functions
from the office for the prevention of domestic violence to the  division
of criminal justice services pursuant to subdivision 8 of section 836 of
the  executive law, as added by section three of this act, all employees
of the office for the prevention of domestic violence  shall  be  trans-
ferred  to  the  division of criminal justice services. Employees trans-
ferred pursuant to this section shall  be  transferred  without  further
examination  or  qualification  and  shall retain their respective civil

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service classifications, status and collective  bargaining  unit  desig-
nations and collective bargaining agreements.
  S  56.  Transfer  of  records.  All books, papers, and property of the
office for the prevention of domestic violence shall be delivered to the
commissioner of the division of criminal justice  services.  All  books,
papers,  and  property  of  the  office  for  the prevention of domestic
violence shall continue to be maintained by  the  division  of  criminal
justice services.
  S  57.  Continuity  of authority. For the purpose of succession of all
functions, powers, duties and obligations transferred and  assigned  to,
devolved  upon  and  assumed by it pursuant to this act, the division of
criminal justice services shall be deemed and  held  to  constitute  the
continuation of the office for the prevention of domestic violence.
  S  58. Completion of unfinished business. Any business or other matter
undertaken or commenced by the office for  the  prevention  of  domestic
violence  or  the  director  thereof pertaining to or connected with the
functions,  powers,  obligations  and  duties  hereby  transferred   and
assigned to the division of criminal justice services and pending on the
effective  date of this act, may be conducted and completed by the divi-
sion of criminal justice services in the same manner and under the  same
terms  and  conditions  and  with  the  same  effect as if conducted and
completed by the office for the prevention of domestic violence.
  S 59. Continuation of rules and regulations. All  rules,  regulations,
acts,  orders,  determinations,  and  decisions  of  the  office for the
prevention of domestic violence pertaining to the functions  and  powers
herein  transferred  and assigned, in force at the time of such transfer
and assumption, shall continue in full force and effect as rules,  regu-
lations,  acts,  orders, determinations and decisions of the division of
criminal justice services  until  duly  modified  or  abrogated  by  the
commissioner of the division of criminal justice services.
  S 60. Terms occurring in laws, contracts and other documents. Whenever
the office for the prevention of domestic violence or the director ther-
eof,  is  referred  to  or  designated  in any law, contract or document
pertaining to the  functions,  powers,  obligations  and  duties  hereby
transferred to and assigned to the division of criminal justice services
or  the  commissioner of the division of criminal justice services, such
reference or designation shall be deemed to refer  to  the  division  of
criminal  justice  services  or commissioner of the division of criminal
justice services, as applicable.
  S 61. Existing rights and remedies preserved.  No  existing  right  or
remedy  of  any  character  shall  be  lost, impaired or affected by any
provisions of this act.
  S 62. Pending actions and proceedings. No action or proceeding pending
at the time when this act shall take effect, brought by or  against  the
office  for the prevention of domestic violence or the director thereof,
shall be affected by any provision of this act,  but  the  same  may  be
prosecuted  or  defended in the name of the commissioner of the division
of criminal  justice  services  or  the  division  of  criminal  justice
services.   In all such actions and proceedings, the commissioner of the
division of criminal justice services, upon application  of  the  court,
shall be substituted as a party.
  S  63.  Transfer of appropriations heretofore made. All appropriations
or reappropriations heretofore made to the office for the prevention  of
domestic  violence to the extent of remaining unexpended or unencumbered
balance thereof, whether allocated or unallocated and whether  obligated
or unobligated, are hereby transferred to and made available for use and

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expenditure  by the division of criminal justice services subject to the
approval of the director of the budget for the same purposes  for  which
originally appropriated or reappropriated and shall be payable on vouch-
ers  certified or approved by the commissioner of the division of crimi-
nal justice services on audit and warrant of the comptroller.
  S 64. Transfer of assets and liabilities. All assets  and  liabilities
of  the office for the prevention of domestic violence are hereby trans-
ferred to and assumed by the division of criminal justice services.
  S 65. The opening paragraph and subdivision (a) of  section  214-b  of
the  executive  law,  as  added  by  chapter 222 of the laws of 1994, is
amended to read as follows:
  The superintendent shall, for all members of the state police  includ-
ing  new  and  veteran  officers,  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 proce-
dure LAW and THE domestic relations [laws] LAW, regarding  the  investi-
gation  of  and intervention in incidents of family offenses. Such poli-
cies and procedures shall make provision for education and  training  in
the  interpretation  and  enforcement of New York's family offense laws,
including but not limited to:
  (a) intake and recording  of  victim  statements,  on  a  standardized
"domestic  violence incident report form" promulgated by the state divi-
sion of criminal justice services in consultation with  the  superinten-
dent  and  with the [state] DIRECTOR OF THE 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  crimi-
nal procedure law;
  S  66.  The  opening paragraph of subdivision 15 of section 837 of the
executive law, as amended by chapter 626 of the laws of 1997, is amended
to read as follows:
  Promulgate, in consultation with the superintendent  of  state  police
and  the  [state]  DIRECTOR OF THE office for the prevention of domestic
violence, a standardized "domestic violence incident  report  form"  for
use  by  state  and  local  law  enforcement  agencies in the reporting,
recording  and  investigation  of  all  alleged  incidents  of  domestic
violence,  regardless  of  whether an arrest is made as a result of such
investigation. Such form shall be prepared in  multiple  parts,  one  of
which  shall  be  immediately  provided to the victim, and shall include
designated spaces for: the recordation of the results  of  the  investi-
gation by the law enforcement agency and the basis for any action taken;
the  recordation of a victim's allegations of domestic violence; the age
and gender of the victim and the  alleged  offender  or  offenders;  and
immediately  thereunder  a space on which the victim may sign and verify
such victim's allegations. Such form shall  also  include,  but  not  be
limited to spaces to identify:
  S 67. Intentionally omitted.
  S  68.  Section  10-a of the labor law, as added by chapter 527 of the
laws of 1995, is amended to read as follows:
  S 10-a. Domestic violence policy. The  commissioner  shall  study  the
issue  of  employees  separated  from employment due to acts of domestic
violence as referred to in and qualified by section four hundred  fifty-
nine-a  of  the social services law. The commissioner shall consult with
the [New York state] office for the prevention of domestic violence  and

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its  advisory  council, the department of social services[, the division
of women] and members of the public in preparing such study.  Such study
shall include a review of case histories in which  unemployment  compen-
sation  was  sought  and  an analysis of the policies in other states. A
copy of such study shall be transmitted to the  temporary  president  of
the  senate  and  the  speaker  of  the  assembly  on  or before January
fifteenth, nineteen hundred ninety-six and shall contain  policy  recom-
mendations.
  S  69.  Section  10-b of the labor law, as added by chapter 368 of the
laws of 1997, is amended to read as follows:
  S 10-b. Domestic violence employee  awareness  and  assistance.    The
commissioner  shall  assist  the  office  for the prevention of domestic
violence in the creation, approval and dissemination of the model domes-
tic violence  employee  awareness  and  assistance  policy  [as  further
defined  in subdivision nine of section five hundred seventy-five of the
executive law]. Upon completion and  approval  of  the  model  [plan  as
outlined in subdivision nine of section five hundred seventy-five of the
executive  law,]  POLICY, the commissioner shall assist in the promotion
of the model policy to businesses in New York state.
  S 70. Intentionally omitted.
  S 71. The opening paragraph of subdivision 2 of section 2803-p of  the
public  health  law,  as  added  by  chapter 271 of the laws of 1997, is
amended to read as follows:
  Every hospital having maternity and  newborn  services  shall  provide
information  concerning family violence to parents of newborn infants at
any time prior to the discharge of the mother.  Such  information  shall
also  be  provided  by  every  diagnostic  and treatment center offering
prenatal care services to women upon an  initial  prenatal  care  visit.
The  commissioner shall, in consultation with the [state] office for the
prevention of domestic violence and the department of  social  services,
prepare,  produce and transmit such notice to such facilities in quanti-
ties sufficient to comply with the requirements of  this  section.  Such
notice  shall contain information which shall include but not be limited
to the effects of family violence and the services  available  to  women
and children experiencing family violence.
  S 72. Intentionally omitted.
  S  73.  Subdivision  1 of section 111-v of the social services law, as
added by chapter 398 of the laws of 1997, is amended to read as follows:
  1. The department, in consultation with appropriate agencies including
but not limited to the [New York state] office  for  the  prevention  of
domestic  violence,  shall  by  regulation prescribe and implement safe-
guards on the confidentiality, integrity, accuracy, access, and the  use
of  all  confidential  information and other data handled or maintained,
including data obtained pursuant to section one hundred eleven-o of this
article and including such information and data maintained in the  auto-
mated  child support enforcement system. Such information and data shall
be maintained in a confidential manner designed to protect  the  privacy
rights  of the parties and shall not be disclosed except for the purpose
of, and to the extent necessary to, establish paternity,  or  establish,
modify or enforce an order of support.
  S 74. Intentionally omitted.
  S 75. Intentionally omitted.
  S 76. Subdivision (a) of section 483-ee of the social services law, as
added by chapter 74 of the laws of 2007, is amended to read as follows:
  (a)  There  is established an interagency task force on trafficking in
persons, which shall consist of the following members  or  their  desig-

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nees: (1) the commissioner of the division of criminal justice services;
(2)  the  commissioner of the office of temporary and disability assist-
ance; (3) the commissioner of health; (4) the commissioner of the office
of mental health; (5) the commissioner of labor; (6) the commissioner of
the  office of children and family services; (7) the commissioner of the
office of alcoholism and substance abuse services; (8) the [chairperson]
DIRECTOR of the [crime victims board] OFFICE OF VICTIM SERVICES; (9) the
[executive] director of  the  office  for  the  prevention  of  domestic
violence;  and  (10) the superintendent of the division of state police;
and others as may be necessary to carry out the duties and  responsibil-
ities  under  this  section.  The  task  force will be co-chaired by the
commissioners of the division  of  criminal  justice  services  and  the
office  of  temporary and disability assistance, or their designees.  It
shall meet as often as is  necessary  and  under  circumstances  as  are
appropriate to fulfilling its duties under this section.
  S 77. Intentionally omitted.
  S  78.  Subdivision 6 of section 530.11 of the criminal procedure law,
as amended by chapter 224 of the laws of 1994, is  amended  to  read  as
follows:
  6.  Notice.  Every  police officer, peace officer or district attorney
investigating a family offense  under  this  article  shall  advise  the
victim  of the availability of a shelter or other services in the commu-
nity, and shall immediately give the victim written notice of the  legal
rights  and remedies available to a victim of a family offense under the
relevant provisions of the criminal procedure law, the family court  act
and the domestic relations law. Such notice shall be prepared in Spanish
and  English  and  if  necessary,  shall  be delivered orally, and shall
include but not be limited to the following statement:
  "If you are the victim of domestic violence, you may request that  the
officer  assist  in providing for your safety and that of your children,
including providing information on how to obtain a  temporary  order  of
protection.  You may also request that the officer assist you in obtain-
ing your essential personal effects and  locating  and  taking  you,  or
assist  in  making arrangements to take you, and your children to a safe
place within such officer's jurisdiction, including but not limited to a
domestic violence program, a family member's or a friend's residence, or
a similar place of safety. When the officer's jurisdiction is more  than
a  single  county,  you may ask the officer to take you or make arrange-
ments to take you and your children to a place of safety in  the  county
where  the  incident  occurred.  If  you or your children are in need of
medical treatment, you have the right to request that the officer assist
you in obtaining such medical treatment. You may request a copy  of  any
incident  reports  at  no cost from the law enforcement agency. You have
the right to seek legal counsel of your own choosing and if you  proceed
in family court and if it is determined that you cannot afford an attor-
ney, one must be appointed to represent you without cost to you.
  You may ask the district attorney or a law enforcement officer to file
a  criminal complaint. You also have the right to file a petition in the
family court when a family offense has been committed against  you.  You
have  the  right  to  have  your  petition  and  request for an order of
protection filed on the same day you appear in court, and  such  request
must  be heard that same day or the next day court is in session. Either
court may issue an order of protection from conduct constituting a fami-
ly offense which could include, among other provisions, an order for the
respondent or defendant to stay away from you  and  your  children.  The
family  court  may also order the payment of temporary child support and

S. 6606--A                         34                         A. 9706--A

award temporary custody of your children. If the family court is not  in
session,  you  may  seek immediate assistance from the criminal court in
obtaining an order of protection.
  The forms you need to obtain an order of protection are available from
the  family  court and the local criminal court (the addresses and tele-
phone numbers shall be listed). The resources available in this communi-
ty for information relating to domestic violence, treatment of injuries,
and places of safety and shelters can be accessed by calling the follow-
ing 800 numbers (the statewide English and Spanish language 800  numbers
shall  be listed and space shall be provided for local domestic violence
hotline telephone numbers).
  Filing a criminal complaint or  a  family  court  petition  containing
allegations that are knowingly false is a crime."
  The  division  of  criminal  justice services in consultation with the
[state] DIRECTOR OF THE office for the prevention of  domestic  violence
shall prepare the form of such written notice consistent with provisions
of  this  section  and  distribute copies thereof to the appropriate law
enforcement officials pursuant to  subdivision  nine  of  section  eight
hundred forty-one of the executive law.
  Additionally,  copies  of  such  notice shall be provided to the chief
administrator of the courts to  be  distributed  to  victims  of  family
offenses  through  the criminal court at such time as such persons first
come before the court and to the state department of health for distrib-
ution to all hospitals defined under article twenty-eight of the  public
health  law.  No cause of action for damages shall arise in favor of any
person by reason of any failure to comply with the  provisions  of  this
subdivision except upon a showing of gross negligence or willful miscon-
duct.
  S  79.  Paragraph  2 of subdivision (a) of section 249-b of the family
court act, as added by chapter 476 of the laws of 2009,  is  amended  to
read as follows:
  2.  provide for the development of training programs with the input of
and in consultation with the [state] office for the prevention of domes-
tic violence.   Such training programs  must  include  the  dynamics  of
domestic  violence  and  its  effect on victims and on children, and the
relationship between such dynamics and  the  issues  considered  by  the
court,  including,  but  not  limited  to, custody, visitation and child
support. Such training programs along with the providers of such  train-
ing  must  be  approved  by the office of court administration following
consultation with and input from the [state] office for  the  prevention
of domestic violence; and
  S 80. Subdivision 5 of section 812 of the family court act, as amended
by chapter 224 of the laws of 1994, is amended to read as follows:
  5.  Notice.  Every  police officer, peace officer or district attorney
investigating a family offense  under  this  article  shall  advise  the
victim  of the availability of a shelter or other services in the commu-
nity, and shall immediately give the victim written notice of the  legal
rights  and remedies available to a victim of a family offense under the
relevant provisions of the criminal procedure law, the family court  act
and  the  domestic  relations  law.  Such  notice  shall be available in
English and Spanish and, if necessary, shall  be  delivered  orally  and
shall include but not be limited to the following statement:
  "If  you are the victim of domestic violence, you may request that the
officer assist in providing for your safety and that of  your  children,
including  providing  information  on how to obtain a temporary order of
protection. You may also request that the officer assist you in  obtain-

S. 6606--A                         35                         A. 9706--A

ing  your  essential  personal  effects  and locating and taking you, or
assist in making arrangement to take you, and your children  to  a  safe
place within such officer's jurisdiction, including but not limited to a
domestic violence program, a family member's or a friend's residence, or
a  similar place of safety. When the officer's jurisdiction is more than
a single county, you may ask the officer to take you  or  make  arrange-
ments  to  take you and your children to a place of safety in the county
where the incident occurred. If you or your  children  are  in  need  of
medical treatment, you have the right to request that the officer assist
you  in  obtaining such medical treatment. You may request a copy of any
incident reports at no cost from the law enforcement  agency.  You  have
the  right to seek legal counsel of your own choosing and if you proceed
in family court and if it is determined that you cannot afford an attor-
ney, one must be appointed to represent you without cost to you.
  You may ask the district attorney or a law enforcement officer to file
a criminal complaint. You also have the right to file a petition in  the
family  court  when a family offense has been committed against you. You
have the right to have  your  petition  and  request  for  an  order  of
protection  filed  on the same day you appear in court, and such request
must be heard that same day or the next day court is in session.  Either
court may issue an order of protection from conduct constituting a fami-
ly offense which could include, among other provisions, an order for the
respondent  or  defendant  to  stay away from you and your children. The
family court may also order the payment of temporary child  support  and
award  temporary custody of your children. If the family court is not in
session, you may seek immediate assistance from the  criminal  court  in
obtaining an order of protection.
  The forms you need to obtain an order of protection are available from
the  family  court and the local criminal court (the addresses and tele-
phone numbers shall be listed). The resources available in this communi-
ty for information relating to domestic violence, treatment of injuries,
and places of safety and shelters can be accessed by calling the follow-
ing 800 numbers (the statewide English and Spanish language 800  numbers
shall  be listed and space shall be provided for local domestic violence
hotline telephone numbers).
  Filing a criminal complaint or  a  family  court  petition  containing
allegations that are knowingly false is a crime."
  The  division  of  criminal  justice services in consultation with the
[state] office for the prevention of domestic violence shall prepare the
form of such written notice  consistent  with  the  provisions  of  this
section and distribute copies thereof to the appropriate law enforcement
officials  pursuant  to subdivision nine of section eight hundred forty-
one of the executive law. Additionally, copies of such notice  shall  be
provided  to  the chief administrator of the courts to be distributed to
victims of family offenses through the family court at such time as such
persons first come before the court  and  to  the  state  department  of
health  for  distribution to all hospitals defined under article twenty-
eight of the public health law. No cause of  action  for  damages  shall
arise in favor of any person by reason of any failure to comply with the
provisions of this subdivision except upon a showing of gross negligence
or willful misconduct.
  S  81.  Paragraph (f) of subdivision 3 of section 840 of the executive
law, as amended by section 5 of part Q of chapter  56  of  the  laws  of
2009, is amended to read as follows:
  (f)  Develop,  maintain  and  disseminate,  in  consultation  with the
[state] office for the prevention of domestic violence, written policies

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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;
  S 82.  Subdivision 1 of section 621 of the executive law,  as  amended
by chapter 17 of the laws of 1982, is amended and three new subdivisions
1-a, 1-b and 1-c are added to read as follows:
  1. "Board" shall mean the crime victims COMPENSATION APPEALS board.
  1-A. "OFFICE" SHALL MEAN THE OFFICE OF VICTIM SERVICES.
  1-B. "DIVISION" SHALL MEAN THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  1-C.  "COMMISSIONER"  SHALL  MEAN  THE COMMISSIONER OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES.
  S 83.  Section 622 of the executive law is REPEALED and a new  section
622 is added to read as follows:
  S 622. OFFICE OF VICTIM SERVICES. THERE IS HEREBY CREATED IN THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES THE OFFICE OF VICTIM SERVICES, HEREIN-
AFTER  IN  THIS ARTICLE REFERRED TO AS THE "OFFICE". THE OFFICE SHALL BE
HEADED BY A DIRECTOR, WHO SHALL BE APPOINTED BY THE COMMISSIONER  FOR  A
TERM  OF  THREE  YEARS.  THE  DIRECTOR  SHALL,  IN CONSULTATION WITH THE
COMMISSIONER, COORDINATE AND RECOMMEND POLICY RELATING TO THE  PROVISION
OF SERVICES TO CRIME VICTIMS. THE COMMISSIONER, IN CONSULTATION WITH THE
DIRECTOR, SHALL APPOINT STAFF AND PERFORM SUCH OTHER FUNCTIONS TO ENSURE
THE  EFFICIENT OPERATION OF THE OFFICE WITHIN THE AMOUNTS MADE AVAILABLE
THEREFOR BY APPROPRIATION.
  S 84.  Section 623 of the executive law, as added by  chapter  894  of
the laws of 1966, subdivisions 3, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19,
20 and 21 as added by chapter 688 of the laws of 1985, subdivision 18 as
amended  by chapter 74 of the laws of 1986, paragraph (a) of subdivision
20 as amended by chapter 418 of the laws of 1986, and subdivision 22  as
added by chapter 346 of the laws of 1986, is amended to read as follows:
  S 623. Powers  and  duties  of the [board] OFFICE.  The [board] OFFICE
shall have the following powers and duties:
  1. To [establish and  maintain  a  principal  office  and  such  other
offices within the state as it may deem necessary.
  2.  To  appoint  a secretary, counsel, clerks and such other employees
and agents as it may deem necessary, fix their compensation  within  the
limitations provided by law, and prescribe their duties.

S. 6606--A                         37                         A. 9706--A

  3.  To  adopt, promulgate, amend and rescind] RECOMMEND TO THE COMMIS-
SIONER suitable rules and regulations to carry out  the  provisions  and
purposes  of  this  article,  including  RULES  FOR THE DETERMINATION OF
CLAIMS, rules for the approval of  attorneys'  fees  for  representation
before  the  OFFICE  AND board and/or before the appellate division upon
judicial review as provided for in section six  hundred  twenty-nine  of
this  article,  and  rules for the authorization of qualified persons to
assist claimants in the preparation of claims for  presentation  to  the
OFFICE AND board [or board members].
  [4.]  2.  To request from the division of state police, from county or
municipal police departments and agencies and from any  other  state  or
municipal  department  or  agency, or public authority, and the same are
hereby authorized to provide, such assistance and data  as  will  enable
the [board] OFFICE to carry out its functions and duties.
  [5.]  3.  To  hear  and determine all claims for awards filed with the
[board] OFFICE pursuant to this article, and to reinvestigate or  reopen
cases as [the board deems] necessary.
  [6.] 4. To direct medical examination of victims.
  [7.]  5.  To  hold hearings, administer oaths or affirmations, examine
any person under oath or affirmation and to  issue  subpoenas  requiring
the  attendance  and  giving  of  testimony of witnesses and require the
production of any books, papers,  documentary  or  other  evidence.  The
powers  provided  in  this  subdivision  may be delegated by the [board]
COMMISSIONER, AFTER CONSULTATION WITH THE DIRECTOR,  to  any  member  or
employee [thereof] OF THE DIVISION.  A subpoena issued under this subdi-
vision shall be regulated by the civil practice law and rules.
  [8.]  6. To take or cause to be taken affidavits or depositions within
or without the state.
  [9.] 7. To establish and maintain  a  special  investigative  unit  to
expedite  processing  of claims by senior citizens and special emergency
situations[, and to promote the establishment of a volunteer program  of
home visitation to elderly and invalid victims of violent crime].
  [10.]  8.  To  advise  and  assist the governor in developing policies
designed to recognize the legitimate  rights,  needs  and  interests  of
crime victims.
  [11.] 9. To coordinate state programs and activities relating to crime
victims.
  [12.]  10.  To cooperate with and assist political subdivisions of the
state and not-for-profit  organizations  in  the  development  of  local
programs for crime victims.
  [13.]  11.  To  study  the  operation of laws and procedures affecting
crime victims and recommend to the governor AND LEGISLATURE proposals to
improve the administration and effectiveness of such laws.
  [14. To establish an advisory council  to  assist  in  formulation  of
policies on the problems of crime victims.
  15.]  12.  To  [advocate]  WORK  WITH NATIONAL ASSOCIATIONS, STATEWIDE
COALITIONS, REGIONAL COALITIONS, VICTIM  SERVICE  PROVIDERS,  AND  OTHER
ADVOCATES  TO  ADDRESS  AND  ADVANCE  the  rights and interests of crime
victims of the state [before federal, state  and  local  administrative,
regulatory, legislative, judicial and criminal justice agencies].
  [16.]  13.  To  promote  and  conduct  studies, research, analyses and
investigations of matters affecting the interests of crime victims.
  [17.] 14. To [sponsor conferences relating to the  problems  of  crime
victims]  COORDINATE  TRAINING  OPPORTUNITIES FOR CRIME VICTIM ADVOCATES
AND SERVICE PROVIDERS.

S. 6606--A                         38                         A. 9706--A

  [18. To serve as a clearinghouse for  information  relating  to  crime
victims' problems and programs.
  19.]  15.  To accept, with the approval of the COMMISSIONER AND gover-
nor, as agent of the state, any grant including federal grants,  or  any
gift  for  the  purposes  of this article. Any monies so received may be
expended by the [board] OFFICE to effectuate any purpose of  this  arti-
cle, subject to the applicable provisions of the state finance law.
  [20. To render each year to the governor and to the legislature, on or
before  December  first  of  each  year, a written report on the board's
activities including, but not limited to, specific information  on  each
of the subdivisions of this section, and the manner in which the rights,
needs  and interests of crime victims are being addressed by the state's
criminal justice system. Such report shall  also  include,  but  not  be
limited to:
  (a)  Information  transmitted  by  the state division of probation and
correctional alternatives under subdivision five of  section  390.30  of
the criminal procedure law and subdivision seven of section 351.1 of the
family  court  act which the board shall compile, review and make recom-
mendations on how to promote the use of restitution  and  encourage  its
enforcement.
  (b)  Information relating to the implementation of and compliance with
article twenty-three of this chapter by the  criminal  justice  agencies
and the "crime victim-related agencies" of the state.
  21.  To  make  grants to local crime victim service programs and carry
out related duties under section six hundred thirty-one-a of this  arti-
cle.
  22.  To  delegate  to  specified  employees  of the board the power to
disallow claims under  circumstances  where  regulations  of  the  board
provide for disallowance without prejudice to the reopening of claims.]
  S 85.  Paragraph (i) of subdivision 1 and subdivision 2 of section 624
of the executive law, paragraph (i) of subdivision 1 as amended by chap-
ter  427 of the laws of 1999 and subdivision 2 as amended by chapter 859
of the laws of 1990, are amended to read as follows:
  (i) a surviving spouse of a crime victim  who  died  from  causes  not
directly  related  to  the crime when such victim died prior to filing a
claim with the [board] OFFICE or subsequent to filing a claim but  prior
to  the  rendering of a decision by the [board] OFFICE. Such award shall
be limited to out-of-pocket loss incurred as  a  direct  result  of  the
crime; and
  2.  A  person who is criminally responsible for the crime upon which a
claim is based or an accomplice of such person shall not be eligible  to
receive  an award with respect to such claim.  A member of the family of
a person criminally responsible for the crime  upon  which  a  claim  is
based  or  a member of the family of an accomplice of such person, shall
be eligible to receive an award, unless the  [board]  OFFICE  determines
pursuant  to regulations [adopted by the board] PROMULGATED TO CARRY OUT
THE PROVISIONS AND PURPOSES OF THIS ARTICLE, that the person  criminally
responsible  will receive substantial economic benefit or unjust enrich-
ment from the compensation. In  such  circumstances  the  award  may  be
reduced  or structured in such way as to remove the substantial economic
benefit or unjust enrichment to such person or the claim may be denied.
  S 85-a. Section 625 of the executive law, as added by chapter  894  of
the laws of 1966, subdivision 1 as amended by chapter 115 of the laws of
1981,  subdivision  2  as amended by chapter 359 of the laws of 2001 and
subdivision 4 as amended by chapter 726 of the laws of 1969, is  amended
to read as follows:

S. 6606--A                         39                         A. 9706--A

  S 625. Filing  of claims. 1. A claim may be filed by a person eligible
to receive an award, as provided in section six hundred  twenty-four  of
this  article, or, if such person is under the age of eighteen years, an
incompetent, or a conservatee, by  his  relative,  guardian,  committee,
conservator, or attorney.
  2. A claim must be filed by the claimant not later than one year after
the occurrence or discovery of the crime upon which such claim is based,
one  year  after  a  court finds a lawsuit to be frivolous, or not later
than one year after the death of the  victim,  provided,  however,  that
upon  good  cause  shown,  the  [board]  OFFICE  may extend the time for
filing. The [board] OFFICE shall extend the time for  filing  where  the
claimant   received   no   notice   pursuant   to  section  six  hundred
twenty-five-a of this article and had no knowledge of eligibility pursu-
ant to section six hundred twenty-four of this article.
  3. Claims shall be filed [in the office of the secretary of the board]
in person [or], by mail OR ELECTRONICALLY, IN SUCH MANNER AS THE  OFFICE
MAY  PRESCRIBE.    The  [secretary of the board] OFFICE shall accept for
filing all claims submitted by persons eligible under subdivision one of
this section and alleging the jurisdictional requirements set  forth  in
this  article  and  meeting the requirements as to form in the rules and
regulations [of the board] PROMULGATED TO CARRY OUT THE  PROVISIONS  AND
PURPOSES OF THIS ARTICLE.
  [4.  Upon  filing of a claim pursuant to this article, the board shall
promptly notify the district attorney of the county wherein the crime is
alleged to have occurred. If, within ten days after  such  notification,
such  district attorney advises the board that a criminal prosecution is
pending upon the same alleged crime and  requests  that  action  by  the
board  be  deferred,  the  board  shall defer all proceedings under this
article until such time as such criminal prosecution has been  concluded
and  shall  so notify such district attorney and the claimant. When such
criminal prosecution has been concluded, such  district  attorney  shall
promptly  so  notify  the board. Nothing in this section shall limit the
authority of the board to grant emergency awards pursuant to section six
hundred thirty of this article.]
  S 86.  Transfer of employees. Notwithstanding any other  provision  of
law, rule, or regulation to the contrary, upon the transfer of functions
from  the  crime  victims  board  to  the  division  of criminal justice
services pursuant to subdivision 9 of section 836 of the executive  law,
as  added  by  section  three  of  this  act, all employees of the crime
victims board shall be transferred to the division of  criminal  justice
services. Employees transferred pursuant to this section shall be trans-
ferred  without  further  examination  or qualification and shall retain
their respective civil service classifications,  status  and  collective
bargaining unit designations and collective bargaining agreements.
  S  87.  Transfer  of  records.  All books, papers, and property of the
crime victims board shall be delivered to the commissioner of the  divi-
sion  of  criminal  justice services. All books, papers, and property of
the crime victims board shall continue to be maintained by the  division
of criminal justice services.
  S  88.  Continuity  of authority. For the purpose of succession of all
functions, powers, duties and obligations transferred and  assigned  to,
devolved  upon  and  assumed by it pursuant to this act, the division of
criminal justice services shall be deemed and  held  to  constitute  the
continuation of the crime victims board.
  S  89. Completion of unfinished business. Any business or other matter
undertaken or commenced by the crime victims board or the chairman ther-

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eof pertaining to or connected with the functions,  powers,  obligations
and  duties  hereby transferred and assigned to the division of criminal
justice services and pending on the effective date of this act,  may  be
conducted  and completed by the division of criminal justice services in
the same manner and under the same terms and  conditions  and  with  the
same effect as if conducted and completed by the crime victims board.
  S  90.  Continuation of rules and regulations. All rules, regulations,
acts, orders, determinations, and decisions of the crime  victims  board
pertaining  to the functions and powers herein transferred and assigned,
in force at the time of such transfer and assumption, shall continue  in
full  force  and  effect  as  rules, regulations, acts, orders, determi-
nations and decisions of the division of criminal justice services until
duly modified or abrogated by the commissioner of the division of crimi-
nal justice services.
  S 91. Terms occurring in laws, contracts and other documents. Whenever
the crime victims board or the  chairman  thereof,  is  referred  to  or
designated in any law, contract or document pertaining to the functions,
powers, obligations and duties hereby transferred to and assigned to the
division  of  criminal justice services or the commissioner of the divi-
sion of criminal justice services, such reference or  designation  shall
be  deemed  to  refer  to  the  division of criminal justice services or
commissioner of the division of criminal justice services,  as  applica-
ble.
  S  92.  Existing  rights  and remedies preserved. No existing right or
remedy of any character shall be  lost,  impaired  or  affected  by  any
provisions of this act.
  S 93. Pending actions and proceedings. No action or proceeding pending
at  the  time when this act shall take effect, brought by or against the
crime victims board or the chairman thereof, shall be  affected  by  any
provision of this act, but the same may be prosecuted or defended in the
name of the commissioner of the division of criminal justice services or
the  division  of  criminal  justice  services.  In all such actions and
proceedings, the  commissioner  of  the  division  of  criminal  justice
services,  upon  application  of  the  court,  shall be substituted as a
party.
  S 94. Transfer of appropriations heretofore made.  All  appropriations
or  reappropriations  heretofore  made to the crime victims board to the
extent of remaining unexpended or unencumbered balance thereof,  whether
allocated or unallocated and whether obligated or unobligated, are here-
by  transferred  to  and  made  available for use and expenditure by the
division of criminal justice services subject to  the  approval  of  the
director of the budget for the same purposes for which originally appro-
priated  or reappropriated and shall be payable on vouchers certified or
approved by  the  commissioner  of  the  division  of  criminal  justice
services on audit and warrant of the comptroller.
  S  95.  Transfer of assets and liabilities. All assets and liabilities
of the crime victims board are hereby transferred to and assumed by  the
division of criminal justice services.
  S  96.  Paragraphs (c), (e) and (f) of subdivision 1 of section 169 of
the executive law, paragraph (c) as amended by chapter 634 of  the  laws
of  1998,  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:
  (c)  commissioner of agriculture and markets, commissioner of alcohol-
ism and substance abuse services,  adjutant  general,  commissioner  and
president  of  state  civil service commission, commissioner of economic

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development, chair of the energy  research  and  development  authority,
executive  director of the board of real property services, president of
higher education services corporation, commissioner of  motor  vehicles,
member-chair of board of parole, [director of probation and correctional
alternatives,]  chair of public employment relations board, secretary of
state, chair of the state racing and  wagering  board,  commissioner  of
alcoholism and substance abuse services, executive director of the hous-
ing finance agency, commissioner of housing and community renewal, exec-
utive  director  of  state  insurance  fund, commissioner-chair of state
liquor authority, chair of the workers' compensation board;
  (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 indus-
trial 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  unemployment  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 97. Subdivision 4-b of section 257 of the executive law, as added by
chapter 62 of the laws of 2001, is amended to read as follows:
  4-b. It shall be the duty of every probation officer to provide  writ-
ten  notice  to  probationers under the officer's supervision who may be
subject to any requirement to report to the [crime victims board] OFFICE
OF VICTIM SERVICES any funds of a convicted person as defined in section
six hundred thirty-two-a  of  this  chapter,  the  procedures  for  such
reporting and any potential penalty for a failure to comply.
  S  98. Subdivision 6-a of section 259-a of the executive law, as added
by chapter 62 of the laws of 2001, is amended to read as follows:
  6-a. The division shall have the duty to  provide  written  notice  to
persons  who  are  serving  a term of parole, parole supervision, condi-
tional release or post release supervision of any requirement to  report
to  the  [crime  victims board] OFFICE OF VICTIM SERVICES any funds of a
convicted person as  defined  in  section  [six  hundred  thirty-a]  SIX
HUNDRED  THIRTY-TWO-A  of this chapter, the procedure for such reporting
and any potential penalty for a failure to comply.
  S 99. Subdivision 16 of section 259-c of the executive law, as amended
by section 7 of part E of chapter 62 of the laws of 2003 and  as  renum-
bered by chapter 67 of the laws of 2008, is amended to read as follows:
  16.  have  the duty to provide written notice to such inmates prior to
release on presumptive release, parole, parole supervision,  conditional
release  or  post  release supervision or pursuant to subdivision six of
section 410.91 of the criminal  procedure  law  of  any  requirement  to
report  to the [crime victims board] OFFICE OF VICTIM SERVICES any funds
of a convicted person as defined in section six hundred thirty-two-a  of
this chapter, the procedure for such reporting and any potential penalty
for a failure to comply.
  S 100. Subdivision 1 of section 625-a of the executive law, as amended
by chapter 173 of the laws of 2006, is amended to read as follows:
  1.  Every  police  station,  precinct  house, any appropriate location
where a crime may be reported and any location required  by  the  [rules

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and  regulations  of  the board] OFFICE shall have available informative
booklets, pamphlets and other pertinent written  information,  including
information cards, to be supplied by the [board] OFFICE, relating to the
availability  of  crime  victims  compensation  including  all necessary
application blanks required to be filed  with  the  [board]  OFFICE  and
shall  display  prominently posters giving notification of the existence
and general provisions of this article, those provisions  of  the  penal
law  that prohibit the intimidation of crime victims and the location of
the nearest crime victim service program. The [board] OFFICE  may  issue
guidelines  for  the location of such display and shall provide posters,
application forms, information  cards  and  general  information.  Every
victim  who  reports  a  crime  in  any manner whatsoever shall be given
notice about the rights of crime victims and the existence of all  rele-
vant local victim's assistance programs and services pursuant to section
six  hundred  twenty-five-b  of this article, and supplied by the person
receiving the report with information, application blanks, and  informa-
tion  cards  which  shall  clearly  state: (a) that crime victims may be
eligible for state compensation benefits;  (b)  the  address  and  phone
number  of  the  [nearest  board]  office;  (c) that police and district
attorneys can help protect victims against harassment and  intimidation;
(d)  the  addresses  and phone numbers of local victim service programs,
where appropriate, or space for inserting that information; or  (e)  any
other information the [board] OFFICE deems appropriate. Such cards shall
be designed by the [board] OFFICE in consultation with local police, and
shall  be  printed  and distributed by the [board] DIVISION.  The [crime
victims board] DIVISION shall develop a system for distributing a suffi-
cient supply of the information cards referred to in  this  subdivision,
to all the appropriate designated locations, which shall include a sche-
dule for meeting that requirement.
  S  101. Section 625-b of the executive law, as added by chapter 173 of
the laws of 2006, is amended to read as follows:
  S 625-b. Standardized victim notification and verification  procedures
for  police  officers.  1.  The commissioner of the division of criminal
justice services in cooperation with the [crime  victims  board]  OFFICE
shall  develop  and  implement  a  standardized  procedure to be used by
police officers, county sheriffs' departments and state police  officers
whereby  victims of crime are notified about the rights of crime victims
and the existence of programs designed to assist crime victims.
  2.  In  establishing  a  victims  assistance  notification  procedure,
consideration  shall  be  given  to  (a)  developing a uniform method of
informing victims of crime of their rights and services  available,  (b)
including notification as part of a routine task performed in the course
of  law  enforcement  duties,  and (c) documenting a victim's receipt of
such notice.
  3. All state or municipal printed forms for a police primary  investi-
gation  report  shall include a space to indicate that the victim did or
did not receive information on victim's rights,  [crime  victims  board]
OFFICE  OF  VICTIMS  SERVICES  assistance  and relevant local assistance
pursuant to subdivision one of section six hundred twenty-five-a of this
article.
  S 101-a. Subdivisions 1 and 2 of section 626  of  the  executive  law,
subdivision 1 as amended by chapter 408 of the laws of 2005 and subdivi-
sion  2  as  amended  by chapter 276 of the laws of 1998, are amended to
read as follows:
  1. Out-of-pocket  loss  shall  mean  unreimbursed  and  unreimbursable
expenses  or  indebtedness reasonably incurred for medical care or other

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services necessary as a result of the injury upon which  such  claim  is
based,  including such expenses incurred as a result of the exacerbation
of a pre-existing disability or condition directly  resulting  from  the
crime  or  causally  related to the crime. Such expenses or indebtedness
shall include the cost of counseling for the eligible spouse,  grandpar-
ents,  parents, stepparents, guardians, brothers, sisters, stepbrothers,
stepsisters, children or stepchildren of a homicide  victim,  and  crime
victims  who  have  sustained  a  personal physical injury as the direct
result of a crime and the spouse, children or stepchildren of such phys-
ically injured victim. For the purposes of this subdivision, the  victim
of  a  sex offense as defined in article one hundred thirty of the penal
law is presumed to have suffered physical injury. Such counseling may be
provided by local victim service programs,  where  available.  It  shall
also  include  the cost of residing at or utilizing services provided by
shelters for battered spouses and children who are eligible pursuant  to
subdivision  two of section six hundred twenty-four of this article, and
the cost of reasonable attorneys' fees  for  representation  before  the
[board] OFFICE and/or before the appellate division upon judicial review
not to exceed one thousand dollars.
  2.  Out-of-pocket loss shall also include the cost of counseling for a
child victim and the parent, stepparent, grandparent, guardian, brother,
sister, stepbrother or stepsister of  such  victim,  pursuant  to  regu-
lations  [of  the  board]  PROMULGATED  TO  CARRY OUT THE PROVISIONS AND
PURPOSES OF THIS ARTICLE.
  S 101-b. Section 627 of the  executive  law  is  REPEALED  and  a  new
section 627 is added to read as follows:
  S  627.  DETERMINATION OF CLAIMS. 1. THE OFFICE SHALL DETERMINE CLAIMS
IN ACCORDANCE WITH RULES AND REGULATIONS RECOMMENDED BY THE DIRECTOR AND
PROMULGATED BY THE COMMISSIONER.
  2. THE CLAIMANT MAY, WITHIN THIRTY DAYS AFTER RECEIPT OF THE  DECISION
OF  THE  OFFICE REGARDING A CLAIM, MAKE AN APPLICATION IN WRITING TO THE
OFFICE FOR CONSIDERATION OF SUCH DECISION BY THE CRIME  VICTIMS  COMPEN-
SATION  APPEALS  BOARD.  THE  BOARD  SHALL CONSIDER SUCH APPLICATIONS IN
ACCORDANCE WITH RULES AND REGULATIONS RECOMMENDED BY  THE  DIRECTOR  AND
PROMULGATED BY THE COMMISSIONER AND MAY AFFIRM OR MODIFY THE DECISION OF
THE  OFFICE.  THE  DECISION OF THE BOARD SHALL BECOME THE FINAL DETERMI-
NATION OF THE OFFICE REGARDING THE CLAIM.
  S 101-c. Section 628 of the  executive  law  is  REPEALED  and  a  new
section 628 is added to read as follows:
  S  628.  CRIME  VICTIMS COMPENSATION APPEALS BOARD. 1. THERE IS HEREBY
CREATED IN THE DIVISION OF CRIMINAL JUSTICE  SERVICES  A  BOARD,  TO  BE
KNOWN  AS THE CRIME VICTIMS COMPENSATION APPEALS BOARD. SUCH BOARD SHALL
CONSIST OF THE DIRECTOR AND TWO MEMBERS APPOINTED BY THE GOVERNOR.   ONE
OF  THE  MEMBERS  APPOINTED  BY THE GOVERNOR SHALL HAVE BEEN A VICTIM OF
CRIME OR THE PARENT OR SPOUSE OF A DECEASED VICTIM OF CRIME. THE  DIREC-
TOR SHALL SERVE AS CHAIR OF THE BOARD EX OFFICIO.
  2.  THE  TERM OF OFFICE OF THE MEMBERS APPOINTED BY THE GOVERNOR SHALL
BE THREE YEARS. ANY MEMBER APPOINTED TO FILL A VACANCY OCCURRING  OTHER-
WISE  THAN  BY EXPIRATION OF A TERM SHALL BE APPOINTED FOR THE REMAINDER
OF THE UNEXPIRED TERM.
  3. THE MEMBERS OF THE BOARD APPOINTED BY THE GOVERNOR SHALL RECEIVE NO
COMPENSATION FOR THEIR SERVICES BUT SHALL BE ALLOWED  THEIR  ACTUAL  AND
NECESSARY  EXPENSES  INCURRED IN THE PERFORMANCE OF THEIR FUNCTIONS. THE
DIRECTOR SHALL RECEIVE NO ADDITIONAL COMPENSATION FOR SERVICE  AS  CHAIR
OF THE BOARD.

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  4.  THE BOARD SHALL MEET AS FREQUENTLY AS IT DEEMS NECESSARY BUT IN NO
EVENT LESS THAN MONTHLY.
  S  101-d. Section 629 of the executive law, as added by chapter 894 of
the laws of 1966, subdivision 1 as amended by chapter 688 of the laws of
1985, is amended to read as follows:
  S 629. Judicial review. 1. [Within fifteen days after receipt  of  the
copy of the report containing the final decision of the board, the comp-
troller  shall,  if  in  his judgment the award is illegal or excessive,
notify the board of his conclusion, state the reasons for  that  conclu-
sion,  and  provide  specific  recommendations  for modification.   Upon
receiving such notification, the board shall have  fifteen  days  within
which  to review and either modify or re-affirm its award. If after such
modification or reaffirmation the comptroller continues to  adjudge  the
award  to  be  illegal  or  excessive,  he may within fifteen days after
receipt of such modification or reaffirmation, commence a proceeding  in
the appellate division of the supreme court, third department, to review
the  decision  of the board. Such proceeding shall be heard in a summary
manner and shall have precedence over all  other  civil  cases  in  such
court.] Any claimant aggrieved by a final decision of the [board] OFFICE
may  commence  a  proceeding to review that decision pursuant to article
seventy-eight of the civil practice law and rules.
  2. Any such proceeding shall be commenced [by the  service  of  notice
thereof upon the claimant and the board in person or by mail] IN ACCORD-
ANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S  101-e.  Section 630 of the executive law, as amended by chapter 346
of the laws of 1986, and subdivision 1 as amended by chapter 318 of  the
laws of 2007, is amended to read as follows:
  S 630. Emergency  awards. 1. Notwithstanding the provisions of section
six hundred twenty-seven of this article, if it appears  to  the  [board
member  to whom a claim is assigned] OFFICE, that such claim is one with
respect to which an award probably will be made, and undue hardship will
result to the claimant if immediate payment is  not  made,  [such  board
member] THE OFFICE may make one or more emergency awards to the claimant
pending a final decision of the [board] OFFICE or payment of an award in
the  case,  provided,  however,  that the total amount of such emergency
awards shall not exceed twenty-five hundred dollars. The amount of  such
emergency  awards  shall  be  deducted  from any final award made to the
claimant, and the excess of the amount of any such emergency award  over
the  amount  of  the  final  award,  or the full amount of any emergency
awards if no final award is made, shall be repaid by the claimant to the
board.
  2. Notwithstanding the provisions of section six hundred  twenty-seven
of this article, local crime victim service programs shall be authorized
to  provide  emergency  awards  to  crime victims for essential personal
property, medical treatment, shelter  costs,  security  services,  coun-
seling  and transportation the total amount of such emergency awards not
to exceed five hundred dollars. These programs shall  be  reimbursed  by
the  board,  pursuant to the provisions of this article, if it is subse-
quently determined that the victim is an eligible claimant. Local  crime
victim  service  programs  shall  be  authorized  to  establish  special
accounts for this purpose. The [board] OFFICE shall initiate  a  program
to  assist  local  crime victim service programs in establishing special
accounts to provide emergency awards, within amounts designated for that
purpose.
  S 101-f.  Subdivisions 1, 1-a, 3, 5, 6, 13, 14, 15 and 16  of  section
631  of the executive law, subdivision 1 as amended by chapter 74 of the

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laws of 2007, subdivision 1-a as added by chapter 620  of  the  laws  of
1997,  subdivision  3  as  amended  by  chapter 148 of the laws of 2000,
subdivision 5 as amended by chapter 351 of the laws of  1982,  paragraph
(c) of subdivision 5 as amended by chapter 74 of the laws of 1986, para-
graph  (d) as amended by chapter 309  of the laws of 1996, paragraph (e)
of subdivision 5 as amended by chapter 763 of the laws of 1990, subdivi-
sion 6 as amended by chapter 810 of the laws of 1983, the opening  para-
graph of paragraph (a) of subdivision 6 as amended by chapter 400 of the
laws  of  1991,  subparagraph  1  of  paragraph  (b) of subdivision 6 as
amended by chapter 322 of the laws of 2005, subparagraph 7 of  paragraph
(b)  of  subdivision  6  as  amended by chapter 309 of the laws of 1987,
subdivision 13 as amended by section 1 of part E of chapter  56  of  the
laws  of 2009, subdivisions 14, 15, and 16 as added by chapter 21 of the
laws of 2007, are amended to read as follows:
  1. No award shall be made unless the [board or board  member]  OFFICE,
as the case may be, finds that (a) a crime was committed, (b) such crime
directly  resulted in personal physical injury to or the exacerbation of
a preexisting disability, or condition, or death of, the victim, and (c)
criminal justice agency  records  show  that  such  crime  was  promptly
reported  to the proper authorities; and in no case may an award be made
where the criminal justice agency records show that such report was made
more than one week after the occurrence of such crime unless the [board]
OFFICE, for good cause shown, finds the delay to  have  been  justified;
provided,  however,  in  cases  involving  an  alleged  sex  offense  as
contained in article one hundred thirty of the penal law  or  incest  as
defined  in  section  255.25, 255.26 or 255.27 of the penal law or labor
trafficking as defined in section 135.35 of the penal law or  sex  traf-
ficking  as  defined  in  section  230.34 of the penal law or an offense
chargeable as a family offense as described  in  section  eight  hundred
twelve  of the family court act or section 530.11 of the criminal proce-
dure law, the criminal justice agency report need only be made within  a
reasonable   time  considering  all  the  circumstances,  including  the
victim's physical, emotional and mental condition and family  situation.
For  the  purposes  of this subdivision, "criminal justice agency" shall
include, but not be limited to, a police department, a  district  attor-
ney's  office,  and  any other governmental agency having responsibility
for the enforcement of the criminal laws of the state provided, however,
that in cases involving such sex offense a criminal justice agency shall
also mean a family court, a governmental agency  responsible  for  child
and/or adult protective services pursuant to title six of article six of
the social services law and/or title one of article nine-B of the social
services law, and any medical facility established under the laws of the
state  that provides a forensic physical examination for victims of rape
and sexual assault.
  1-a. No award shall be made for a frivolous lawsuit unless the  [board
or  board  member, as the case may be,] OFFICE finds that the victim has
been awarded costs pursuant to section eighty-three hundred  three-a  of
the  civil practice law and rules and the individual responsible for the
payment of costs is unable to pay such costs provided, however, that  in
no event shall the amount of such costs exceed two thousand five hundred
dollars.
  3.  Any  award  made  for  loss  of  earnings or support shall, unless
reduced pursuant to other provisions of this article, be  in  an  amount
equal  to  the  actual  loss  sustained, provided, however, that no such
award shall exceed six hundred dollars for each week of lost earnings or
support.  Awards with respect to livery  operator  victims  pursuant  to

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paragraph  (b)  of subdivision six of FORMER section six hundred twenty-
seven of this article shall be granted in the amount and in  the  manner
provided  therein.  The  aggregate award for all such losses pursuant to
this subdivision, including any awards made pursuant to paragraph (b) of
subdivision six of FORMER section six hundred twenty-seven of this arti-
cle,  shall not exceed thirty thousand dollars. If there are two or more
persons entitled to an award as a result of the death of a person  which
is  the  direct result of a crime, the award shall be apportioned by the
[board] OFFICE among the claimants.
  5. (a) In determining the amount of an  award,  the  [board  or  board
member,  as the case may be,] OFFICE shall determine whether, because of
his conduct, the victim of such crime contributed to the  infliction  of
his  injury,  and  the  [board  or board member] OFFICE shall reduce the
amount of the award or reject the claim altogether, in  accordance  with
such determination.
  (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
sion, the [board or board member, as the  case  may  be,]  OFFICE  shall
disregard  for this purpose the responsibility of the victim for his own
injury where the record shows that the person injured was  acting  as  a
good samaritan, as defined in this article.
  (c)  Notwithstanding any inconsistent provision of this article, where
the person injured acted as  a  good  samaritan,  the  [board  or  board
member, as the case may be,] OFFICE may, without regard to the financial
difficulty of the claimant, make an award for out-of-pocket losses. Such
award  may also include compensation for any loss of property up to five
thousand dollars suffered by the victim during the course of his actions
as a good samaritan.
  (d) Notwithstanding any inconsistent provision of this article,  where
a person acted as a good samaritan, and was killed as a direct result of
the  crime,  the [board or the board member, as the case may be,] OFFICE
may, without regard to the financial difficulty of the claimant, make  a
lump sum award to such claimant for actual loss of support not to exceed
thirty thousand dollars.
  (e)  Notwithstanding any inconsistent provision of this article, where
a police officer or firefighter, both  paid  and  volunteer,  dies  from
injuries received in the line of duty as a direct result of a crime, the
[board  or  the  board  member, as the case may be,] OFFICE may, without
regard to the financial difficulty of the claimant, make  an  award  for
the  unreimbursed  counseling  expenses of the eligible spouse, parents,
brothers, sisters or children of  such  victim,  and/or  the  reasonable
burial expenses incurred by the claimant.
  6.  (a)  Claims may be approved only if the [board or board member, as
the case may be,] OFFICE finds  that  unless  the  claimant's  award  is
approved  he  will  suffer  financial difficulty. However, no finding of
financial difficulty is required for a claim for an emergency  award  or
an  award  less  than  five  thousand  dollars. In determining financial
difficulty, the [board or board member] OFFICE shall consider all  rele-
vant factors, including but not limited to:
  (1) the number of claimant's dependents;
  (2) reasonable living expenses of the claimant and his family;
  (3)  any  special  health,  rehabilitative or educational needs of the
claimant and his dependents;
  (4) the claimant's employment situation including income and potential
earning capacity;
  (5) the claimant's net financial resources after authorized  deduction
as provided in paragraphs (b) and (c) of this subdivision;

S. 6606--A                         47                         A. 9706--A

  (6)  whether  claimant's  financial  resources  will  become exhausted
during his lifetime; and
  (7)  the  nature  and  the amount of claimant's total debt and liabil-
ities, including the amount of debt incurred or to be  incurred  to  pay
for losses and expenses of the crime, and the extent to which claimant's
essential assets will have to be liquidated.
  (b)  Claimant's  net  financial  resources  do not include the present
value of future earnings, and shall be determined by the [board]  OFFICE
by  deducting  from  his  total  financial  resources  the value, within
reasonable limits, of the following items:
  (1) a homestead, not exceeding five hundred  thousand  dollars,  or  a
total of ten years' rent for a renter;
  (2)  personal  property  consisting  of clothing and strictly personal
effects;
  (3) household furniture, appliances and equipment;
  (4) tools and equipment necessary for the claimant's trade, occupation
or business;
  (5) a family automobile;
  (6) life insurance, except in death claims; and
  (7) retirement, education and  health  plans  or  contributions  to  a
retirement or pension program including but not limited to contributions
to:  (i)  employee  profit  sharing  plans, (ii) employee money purchase
plans, (iii) 401 (k) plans, (iv) simplified employee pensions (SEP), (v)
individual retirement accounts (IRA), (vi)  403  (b)  plans,  (vii)  457
plans,  (viii)  Keogh plans, (self employed), and (ix) any other plan or
account for  which  contributions  are  made  primarily  for  retirement
purposes.
  (c)  The  [board  or board member] OFFICE, after taking into consider-
ation the claimant's financial resources, may exempt that portion of the
victim's or claimant's annual income required to meet reasonable  living
expenses  and the value of inventory or other property necessary for the
claimant's business or occupation or the production of  income  required
to  meet  reasonable  living  expenses.  In no event shall the aggregate
value of exemptions under this paragraph  exceed  one  hundred  thousand
dollars.
  (d)  Nothing  contained in this subdivision shall be construed to mean
that the [board] OFFICE  must  maintain  the  same  standard  of  living
enjoyed by the claimant prior to the death or injury.
  (e) The [board] OFFICE shall [establish] RECOMMEND TO THE COMMISSIONER
such  rules  and  regulations as are necessary for the implementation of
this section.
  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] OFFICE directly. The [board]
OFFICE, in consultation 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-ex-
posure prophylaxis costs shall continue to be  reimbursed  according  to

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established  [board]  OFFICE procedure. The [board] OFFICE, in consulta-
tion 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] OFFICE in consultation with the department of health. The hospi-
tal,  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] OFFICE.  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] OFFICE; 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]
OFFICE. Such sexual assault survivor shall also be advised that  provid-
ing  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  the form provided by the hospital, sexual assault examiner
program or licensed health care provider, which form shall be prescribed
by the [board] OFFICE.
  14. Notwithstanding any inconsistent provision of this article,  where
a  victim  dies  from  injuries received as a direct result of the World
Trade Center terrorist attacks on September eleventh, two thousand  one,
the  [board or the board member, as the case may be,] OFFICE may make an
award for the unreimbursed and unreimbursable  expense  or  indebtedness
reasonably  incurred for the cost of counseling for the eligible spouse,
grandparents, parents, stepparents, guardians, brothers, sisters,  step-
brothers,  stepsisters,  children,  or  stepchildren of such victim. Any
award for such expense incurred on or before December thirty-first,  two
thousand seven, shall be made without regard to the financial difficulty
of the claimant.
  15.  Notwithstanding any inconsistent provision of this article, where
a victim is injured as a direct result of the World Trade Center terror-
ist attacks on September eleventh, two thousand one, the [board  or  the
board  member,  as  the  case  may be,] OFFICE may make an award for the
unreimbursed  and  unreimbursable  expense  or  indebtedness  reasonably
incurred  by the claimant for medical care or counseling services neces-
sary as a result of such injury. Any award for such expense  or  indebt-
edness  incurred on or before December thirty-first, two thousand seven,
shall be made without regard to the financial difficulty of  the  claim-
ant.
  16.  Notwithstanding  any  inconsistent provision of this article, and
without regard to the financial difficulty  of  the  claimant,  where  a
victim dies from injuries received as a direct result of the World Trade
Center  terrorist  attacks  on September eleventh, two thousand one, the
[board or the board member, as the case may  be,]  OFFICE  may  make  an
award of reasonable burial expenses for such victim.

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  S 101-g. Subdivision 2 of section 632 of the executive law, as amended
by chapter 115 of the laws of 1981, is amended to read as follows:
  2.  Where  a person entitled to receive an award is a person under the
age of eighteen years, an incompetent, or a conservatee, the  award  may
be  paid to a relative, guardian, committee, conservator, or attorney of
such person on behalf of and for the benefit of  such  person.  In  such
case  the  payee  shall be required to file a periodic accounting of the
award with the [board] OFFICE and to  take  such  other  action  as  the
[board]  OFFICE  shall  determine  is  necessary and appropriate for the
benefit of the person under the age of eighteen  years,  incompetent  or
conservatee.
  S  101-h. Section 632-a of the executive law, as amended by chapter 62
of the laws of 2001, is amended to read as follows:
  S 632-a. Crime victims. 1. For the purposes of this section:
  (a) "Crime" means (i) any felony defined in the laws of the state;  or
(ii)  an offense in any jurisdiction which includes all of the essential
elements of any felony defined in the laws of this state  and:  (A)  the
crime  victim,  as  defined in subparagraph (i) of paragraph (d) of this
subdivision, was a resident of this state at the time of the  commission
of the offense; or (B) the act or acts constituting the offense occurred
in whole or in part in this state.
  (b)  "Profits from a crime" means (i) any property obtained through or
income generated from the commission of a crime of which  the  defendant
was  convicted;  (ii)  any property obtained by or income generated from
the sale, conversion or exchange of proceeds of a crime,  including  any
gain  realized by such sale, conversion or exchange; and (iii) any prop-
erty which the defendant obtained or income generated  as  a  result  of
having  committed  the  crime, including any assets obtained through the
use of unique knowledge obtained during the commission of, or in  prepa-
ration  for the commission of, a crime, as well as any property obtained
by or income generated from the sale, conversion  or  exchange  of  such
property and any gain realized by such sale, conversion or exchange.
  (c)  "Funds  of  a  convicted  person"  means  all  funds and property
received from any source by a person convicted of a specified crime,  or
by  the  representative  of such person as defined in subdivision six of
section six hundred twenty-one of this article excluding  child  support
and earned income, where such person:
  (i) is an inmate serving a sentence with the department of correction-
al  services  or a prisoner confined at a local correctional facility or
federal correctional institute, and includes funds  that  a  superinten-
dent,  sheriff  or municipal official receives on behalf of an inmate or
prisoner and deposits in an inmate account to the credit of  the  inmate
pursuant  to section one hundred sixteen of the correction law or depos-
its in a prisoner account to the credit  of  the  prisoner  pursuant  to
section five hundred-c of the correction law; or
  (ii)  is  not  an  inmate or prisoner but who is serving a sentence of
probation or conditional discharge or is presently subject to an undisc-
harged indeterminate, determinate or definite term  of  imprisonment  or
period  of  post-release  supervision or term of supervised release, but
shall include earned income earned during a period in which such  person
was  not  in  compliance  with  the  conditions of his or her probation,
parole, conditional release, period of post-release supervision  by  the
division  of parole or term of supervised release with the United States
probation office or United States parole  commission.  For  purposes  of
this  subparagraph,  such period of non-compliance shall be measured, as
applicable, from the earliest date  of  delinquency  determined  by  the

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board or division of parole, or from the earliest date on which a decla-
ration  of delinquency is filed pursuant to section 410.30 of the crimi-
nal procedure law and thereafter sustained, or from the earliest date of
delinquency  determined in accordance with applicable federal law, rules
or regulations, and shall continue until a final determination  sustain-
ing the violation has been made by the trial court, board or division of
parole, or appropriate federal authority; or
  (iii)  is  no longer subject to a sentence of probation or conditional
discharge or indeterminate, determinate or definite term of imprisonment
or period of post-release supervision or term of supervised release, and
where within the previous three years: the full or maximum term or peri-
od terminated or expired or such person was granted  a  discharge  by  a
board  of  parole  pursuant to applicable law, or granted a discharge or
termination from probation pursuant  to  applicable  law  or  granted  a
discharge or termination under applicable federal or state law, rules or
regulations  prior  to  the  expiration  of such full or maximum term or
period; and includes only: (A) those funds paid  to  such  person  as  a
result  of  any  interest,  right, right of action, asset, share, claim,
recovery or benefit of any  kind  that  the  person  obtained,  or  that
accrued  in  favor  of  such  person,  prior  to  the expiration of such
sentence, term or period; (B) any  recovery  or  award  collected  in  a
lawsuit  after  expiration  of such sentence where the right or cause of
action accrued prior to the expiration or service of such sentence;  and
(C) earned income earned during a period in which such person was not in
compliance  with  the conditions of his or her probation, parole, condi-
tional release, period of post-release supervision by  the  division  of
parole  or  term  of supervised release with the United States probation
office or United States parole commission. For purposes of this subpara-
graph, such period of non-compliance shall be measured,  as  applicable,
from  the  earliest date of delinquency determined by the board or divi-
sion of parole, or from the earliest date  on  which  a  declaration  of
delinquency  is  filed pursuant to section 410.30 of the criminal proce-
dure law and thereafter sustained, or from the earliest date  of  delin-
quency  determined  in  accordance with applicable federal law, rules or
regulations, and shall continue until a final  determination  sustaining
the  violation  has  been  made by the trial court, board or division of
parole, or appropriate federal authority.
  (d) "Crime victim" means (i) the victim of a crime; (ii) the represen-
tative of a crime victim as defined in subdivision six  of  section  six
hundred twenty-one of this article; (iii) a good samaritan as defined in
subdivision  seven  of  section  six hundred twenty-one of this article;
(iv) the [crime victims  board]  OFFICE  OF  VICTIM  SERVICES  or  other
governmental  agency  that  has  received an application for or provided
financial assistance or compensation to the victim.
  (e) (i) "Specified crime" means:
  (A) a violent felony offense as defined in subdivision one of  section
70.02 of the penal law;
  (B) a class B felony offense defined in the penal law;
  (C)  an  offense  for which a merit time allowance may not be received
against the sentence pursuant to paragraph (d)  of  subdivision  one  of
section eight hundred three of the correction law;
  (D)  an offense defined in the penal law that is titled in such law as
a felony in the first degree;
  (E) grand larceny in the fourth degree as defined in  subdivision  six
of  section  155.30  or grand larceny in the second degree as defined in
section 155.40 of the penal law;

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  (F) criminal possession of stolen property in  the  second  degree  as
defined in section 165.52 of the penal law; or
  (G) an offense in any jurisdiction which includes all of the essential
elements  of  any  of the crimes specified in clauses (A) through (F) of
this subparagraph and either the crime victim as defined in subparagraph
(i) of paragraph (d) of this subdivision was a resident of this state at
the time of the commission of the offense or the act or acts  constitut-
ing the crime occurred in whole or in part in this state.
  (ii)  Notwithstanding the provisions of subparagraph (i) of this para-
graph a "specified crime" shall not mean or include an  offense  defined
in  any of the following articles of the penal law: articles one hundred
fifty-eight, one hundred seventy-eight, two hundred twenty, two  hundred
twenty-one, two hundred twenty-five, and two hundred thirty.
  (f)  "Earned  income"  means  income  derived  from one's own labor or
through active participation in a business as distinguished from  income
from, for example, dividends or investments.
  2.  (a)  Every  person, firm, corporation, partnership, association or
other legal entity, or representative of such person, firm, corporation,
partnership, association or entity, which knowingly contracts for, pays,
or agrees to pay: (i) any profits from a crime as defined  in  paragraph
(b)  of  subdivision  one  of  this section, to a person charged with or
convicted of that crime, or to the  representative  of  such  person  as
defined  in  subdivision  six  of section six hundred twenty-one of this
article; or (ii) any funds of a convicted person, as  defined  in  para-
graph  (c)  of subdivision one of this section, where such conviction is
for a specified crime and the value, combined value or  aggregate  value
of  the  payment  or  payments  of such funds exceeds or will exceed ten
thousand dollars, shall give written notice to the [crime victims board]
OFFICE of the payment or obligation to pay as soon as practicable  after
discovering  that  the  payment  or intended payment constitutes profits
from a crime or funds of a convicted person.
  (b) Notwithstanding subparagraph (ii) of paragraph (a) of this  subdi-
vision,  whenever  the  payment or obligation to pay involves funds of a
convicted person that a superintendent, sheriff  or  municipal  official
receives  or will receive on behalf [on] OF an inmate serving a sentence
with the department of correctional services or prisoner confined  at  a
local  correctional  facility  and deposits or will deposit in an inmate
account to the credit of the inmate or in  a  prisoner  account  to  the
credit of the prisoner, and the value, combined value or aggregate value
of  such  funds  exceeds or will exceed ten thousand dollars, the super-
intendent, sheriff or municipal official shall also give written  notice
to the [crime victims board] OFFICE.
  Further,  whenever the state or subdivision of the state makes payment
or has an obligation to pay funds of a convicted person, as  defined  in
subparagraph  (ii)  or (iii) of paragraph (c) of subdivision one of this
section, and the value, combined value or aggregate value of such  funds
exceeds or will exceed ten thousand dollars, the state or subdivision of
the  state  shall  also give written notice to the [crime victims board]
OFFICE.
  In all other instances where the payment or obligation to pay involves
funds of a convicted person, as defined in subparagraph (ii) or (iii) of
paragraph (c) of  subdivision  one  of  this  section,  and  the  value,
combined  value  or aggregate value of such funds exceeds or will exceed
ten thousand dollars, the convicted person who receives or will  receive
such  funds, or the representative of such person as defined in subdivi-

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sion six of section six hundred twenty-one of this article,  shall  give
written notice to the [crime victims board] OFFICE.
  (c)  The  [board]  OFFICE,  upon  receipt  of notice of a contract, an
agreement to pay or payment of profits  from  a  crime  or  funds  of  a
convicted  person  pursuant to paragraph (a) or (b) of this subdivision,
or upon receipt of notice of funds of a convicted person from the super-
intendent, sheriff or municipal  official  of  the  facility  where  the
inmate  or  prisoner is confined pursuant to section one hundred sixteen
or five hundred-c of the correction law, shall notify  all  known  crime
victims  of  the  existence of such profits or funds at their last known
address.
  3. Notwithstanding any inconsistent provision of the  estates,  powers
and  trusts  law or the civil practice law and rules with respect to the
timely bringing of an action, any crime victim shall have the  right  to
bring  a  civil  action  in a court of competent jurisdiction to recover
money damages from a person convicted of a  crime  of  which  the  crime
victim  is  a  victim,  or  the representative of that convicted person,
within three years of the discovery of any profits from a crime or funds
of a convicted person, as those  terms  are  defined  in  this  section.
Notwithstanding  any  other provision of law to the contrary, a judgment
obtained pursuant to this section shall not be subject to  execution  or
enforcement  against  the  first  one  thousand  dollars deposited in an
inmate account to the credit of  the  inmate  pursuant  to  section  one
hundred  sixteen  of  the correction law or in a prisoner account to the
credit of the  prisoner  pursuant  to  section  five  hundred-c  of  the
correction  law. In addition, where the civil action involves funds of a
convicted person and such funds were recovered by the  convicted  person
pursuant  to  a judgment obtained in a civil action, a judgment obtained
pursuant to this section may not be subject to execution or  enforcement
against  a portion thereof in accordance with subdivision (k) of section
fifty-two hundred five of the civil practice law and rules. If an action
is filed pursuant to this subdivision after the expiration of all  other
applicable statutes of limitation, any other crime victims must file any
action  for  damages  as a result of the crime within three years of the
actual discovery of such profits or funds,  or  within  three  years  of
actual  notice  received  from or notice published by the [crime victims
board] OFFICE of such discovery, whichever is later.
  4. Upon filing  an  action  pursuant  to  subdivision  three  of  this
section, the crime victim shall give notice to the [crime victims board]
OFFICE  of  the filing by delivering a copy of the summons and complaint
to the [board] OFFICE.  The crime victim may also give  such  notice  to
the [board] OFFICE prior to filing the action so as to allow the [board]
OFFICE  to  apply  for  any  appropriate  provisional remedies which are
otherwise authorized to be invoked  prior  to  the  commencement  of  an
action.
  5.  Upon receipt of a copy of a summons and complaint, or upon receipt
of notice from the crime victim prior to filing the action  as  provided
in subdivision four of this section, the [board] OFFICE shall immediate-
ly take such actions as are necessary to:
  (a)  notify  all other known crime victims of the alleged existence of
profits from a crime or funds of a convicted person by  certified  mail,
return  receipt  requested,  where  the victims' names and addresses are
known by the [board] OFFICE;
  (b) publish, at least once every six months for three years  from  the
date  it is initially notified by a victim, pursuant to subdivision four
of this section, a legal notice in newspapers of general circulation  in

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the county wherein the crime was committed and in counties contiguous to
such  county advising any crime victims of the existence of profits from
a crime or funds of a convicted person. For crimes committed in a county
located  within  a  city having a population of one million or more, the
notice shall be published in newspapers having  general  circulation  in
such  city.  The [board] OFFICE may, in its discretion, provide for such
additional notice as it deems necessary;
  (c) avoid the wasting of the assets identified in the complaint as the
newly discovered profits from a crime or as funds of a convicted person,
in any manner consistent with subdivision six of this section.
  6. The [board] OFFICE, acting on behalf of the plaintiff and all other
victims, shall have the right to apply for any and all provisional reme-
dies that are also otherwise available to the plaintiff.
  (a) The provisional remedies of attachment,  injunction,  receivership
and  notice of pendency available to the plaintiff under the civil prac-
tice law and rules, shall also be available to the [board] OFFICE in all
actions under this section.
  (b) On a motion for a provisional remedy, the moving party shall state
whether any other provisional remedy has previously been sought  in  the
same action against the same defendant. The court may require the moving
party  to  elect  between  those remedies to which it would otherwise be
entitled.
  7. (a) (i) Whenever it appears that a person or entity  has  knowingly
and willfully failed to give notice in violation of paragraph (a) or (b)
of  subdivision two of this section, other than the state, a subdivision
of the state, or a person who is a superintendent, sheriff or  municipal
official required to give notice pursuant to this section or section one
hundred  sixteen  or  section  five hundred-c of the correction law, the
[board] OFFICE shall be authorized to serve a notice of hearing upon the
person or entity by personal service or by registered or certified mail.
The notice shall contain the time, place and purpose of the hearing.  In
addition,  the  notice shall be accompanied by a petition alleging facts
of an evidentiary character that support or tend  to  support  that  the
person  or entity, who shall be named therein as a respondent, knowingly
and willfully failed to give notice in violation of paragraph (a) or (b)
of subdivision two of this section. Service of the notice  and  petition
shall take place at least fifteen days prior to the date of the hearing.
  (ii)  The  [chairperson  of  the  board,]  COMMISSIONER  or any [board
member] INDIVIDUAL designated by the [chairperson]  COMMISSIONER,  shall
preside over the hearing[. The presiding member], shall administer oaths
[and],  may  issue  subpoenas[.  The  presiding member] AND shall not be
bound by the rules of evidence or civil procedure, but his or her deter-
mination shall be based on a preponderance of the evidence. At the hear-
ing, the burden of proof shall be on the [board] OFFICE[, which shall be
represented by the counsel to the board or another person designated  by
the  board].    The  [board]  OFFICE shall produce witnesses and present
evidence in support of the alleged violation, which may include relevant
hearsay evidence. The respondent, who may appear personally at the hear-
ing, shall have the right of counsel and may cross-examine witnesses and
produce evidence and witnesses in his or her behalf, which  may  include
relevant  hearsay evidence. The issue of whether the person who received
an alleged payment or obligation to pay committed the  underlying  crime
shall not be re-litigated at the hearing. Where the alleged violation is
the  failure  to  give  notice of a payment amount involving two or more
payments the combined value or aggregate  value  of  which  exceeds  ten
thousand  dollars,  no  violation shall be found unless it is shown that

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such payments were intentionally structured to conceal  their  character
as funds of a convicted person, as defined in this section.
  (iii)  At  the  conclusion  of  the hearing, if the [presiding member]
OFFICE OR DESIGNATED INDIVIDUAL is not satisfied that there is a prepon-
derance of evidence in support of a violation, [the  member]  OFFICE  OR
DESIGNATED  INDIVIDUAL  shall  dismiss  the  petition. If the [presiding
member] OFFICE OR DESIGNATED INDIVIDUAL is satisfied  that  there  is  a
preponderance  of the evidence that the respondent committed one or more
violations, the [member] OFFICE OR DESIGNATED INDIVIDUAL shall so  find.
Upon  such  a finding, the [presiding member] OFFICE OR DESIGNATED INDI-
VIDUAL shall prepare a written statement, to be made  available  to  the
respondent  and  respondent's counsel, indicating the evidence relied on
and the reasons for finding the violation.
  (iv) The [board] COMMISSIONER,  IN  CONSULTATION  WITH  THE  DIRECTOR,
shall adopt, promulgate, amend and repeal administrative rules and regu-
lations  governing  the  procedures to be followed with respect to hear-
ings, including rules and regulations for the administrative appeal of a
decision made pursuant to this paragraph, provided such rules and  regu-
lations are consistent with the provisions of this subdivision.
  (b)(i) Whenever it is found pursuant to paragraph (a) of this subdivi-
sion  that a respondent knowingly and willfully failed to give notice in
violation of paragraph (a) or (b) of subdivision two  of  this  section,
the [board] OFFICE shall impose an assessment of up to the amount of the
payment  or  obligation to pay and a civil penalty of up to one thousand
dollars or ten percent of the payment or obligation to pay, whichever is
greater. If a respondent fails to pay the assessment and  civil  penalty
imposed pursuant to this paragraph, the assessment and civil penalty may
be  recovered  from  the respondent by an action brought by the attorney
general, upon the request of the [board] OFFICE, in any court of  compe-
tent jurisdiction. The [board] OFFICE shall deposit the assessment in an
escrow account pending the expiration of the three year statute of limi-
tations authorized by subdivision three of this section to preserve such
funds  to  satisfy a civil judgment in favor of a person who is a victim
of a crime committed by the convicted person to  whom  such  failure  to
give  notice  relates. The [board] OFFICE shall pay the civil penalty to
the state comptroller who shall deposit the money in the state  treasury
pursuant  to  section one hundred twenty-one of the state finance law to
the credit of the criminal justice improvement  account  established  by
section ninety-seven-bb of the state finance law.
  (ii)  The  [board]  OFFICE shall then notify any crime victim or crime
victims, who may have a claim  against  the  convicted  person,  of  the
existence  of  such  moneys.  Such  notice shall instruct such person or
persons that they may have a right to commence a  civil  action  against
the  convicted person, as well as any other information deemed necessary
by the [board] OFFICE.
  (iii) Upon a crime victim's presentation to the [board]  OFFICE  of  a
civil  judgment  for  damages  incurred  as  a  result of the crime, the
[board] OFFICE shall satisfy up to one hundred percent of that judgment,
including costs and disbursements as taxed by the clerk  of  the  court,
with  the  escrowed  fund obtained pursuant to this paragraph, but in no
event shall the amount of all judgments, costs and disbursements  satis-
fied  from such escrowed funds exceed the amount in escrow. If more than
one such crime victim indicates to the [board] OFFICE that  they  intend
to  commence  or  have  commenced  a  civil action against the convicted
person, the [board] OFFICE shall delay satisfying  any  judgment,  costs
and disbursements until the claims of all such crime victims are reduced

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to  judgment.  If the aggregate of all judgments, costs and disbursement
obtained exceeds the amount  of  escrowed  funds,  the  amount  used  to
partially satisfy each judgment shall be reduced to a pro rata share.
  (iv)  After expiration of the three year statute of limitations period
established in subdivision three of this  section,  the  [board]  OFFICE
shall  review  all judgments that have been satisfied from such escrowed
funds. In the event no claim was filed or judgment obtained prior to the
expiration of the three year statute of limitations, the [board]  OFFICE
shall return the escrowed amount to the respondent. In the event a claim
or  claims  are pending at the expiration of the statute of limitations,
such funds shall remain escrowed until the final  determination  of  all
such  claims  to  allow the [board] OFFICE to satisfy any judgment which
may be obtained by the crime victim. Upon the final determination of all
such claims and the satisfaction of up to one hundred  percent  of  such
claims  by the [board] OFFICE, the [board] OFFICE shall be authorized to
impose an additional civil penalty of up to one thousand dollars or  ten
percent of the payment or obligation to pay, whichever is greater. Prior
to  imposing  any  such penalty, the [board] OFFICE shall serve a notice
upon the respondent by personal service or by  registered  or  certified
mail  of  the intent of the [board] OFFICE to impose such penalty thirty
days after the date of the notice  and  of  the  opportunity  to  submit
documentation  concerning  the  [board's]  OFFICE'S determination. After
imposing and deducting any such additional civil  penalty,  the  [board]
OFFICE  shall  distribute  such  remaining  escrowed  funds,  if any, as
follows:  fifty percent to the state comptroller, who shall deposit  the
money  in  the state treasury pursuant TO section one hundred twenty-one
of the state finance law to the credit of the criminal justice  improve-
ment account established by section ninety-seven-bb of the state finance
law; and fifty percent to the respondent.
  (v)  Notwithstanding  any  provision  of  law, an alleged failure by a
convicted person to give notice under this section  may  not  result  in
proceedings  for  an  alleged  violation of the conditions of probation,
parole, conditional release,  post  release  supervision  or  supervised
release  unless:  one or more claims were made by a crime victim against
the convicted person pursuant to this section,  and  the  crime  victims
[board]  OFFICE  imposes an assessment and/or penalty upon the convicted
person pursuant to this section, and the convicted person fails  to  pay
the  total  amount of the assessment and/or penalty within sixty days of
the imposition of such assessment and/or penalty.
  (vi) Records maintained by the [board] OFFICE and proceedings  by  the
[board or a board member] OFFICE based thereon regarding a claim submit-
ted  by  a victim or a claimant shall be deemed confidential, subject to
the exceptions that appear in subdivision one  of  section  six  hundred
thirty-three of this article.
  S  101-i.  Section 633 of the executive law, as added by chapter 64 of
the laws of 1998, is amended to read as follows:
  S 633. Confidentiality  of  records.  1.  Records  maintained  by  the
[board]  OFFICE  and  proceedings by THE OFFICE OR the board [or a board
member] based thereon regarding a claim  submitted  by  a  victim  or  a
claimant shall be deemed confidential with the following exceptions:
  (a)  requests  for  information based upon legitimate criminal justice
purposes;
  (b) judicial subpoenas;
  (c) requests for information by the victim or claimant or his  or  her
authorized representative;

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  (d)  for  purposes necessary and proper for the administration of this
article.
  2. All other records, including but not limited to, records maintained
pursuant  to  sections  six hundred thirty-one-a and six hundred thirty-
two-a of this article and proceedings by THE OFFICE OR the board  [or  a
board member] based thereon shall be public record.
  3. Any report or record obtained by the board OR OFFICE, the confiden-
tiality  of  which  is  protected  by any other law or regulation, shall
remain confidential subject to such law or regulation.
  S 101-j. Section 634 of the executive law, as amended by  chapter  513
of the laws of 1982, subdivision 1 as amended and subdivision 6 as added
by  chapter  477  of the laws of 1986, paragraph (c) of subdivision 1 as
amended by chapter 397 of the laws  of  1993,  is  amended  to  read  as
follows:
  S 634. Subrogation.  1.  (a)  Acceptance  of an award made pursuant to
this article shall subrogate the state, to the extent of such award,  to
any  right  or right of action accruing to the claimant or the victim to
recover payments on account of losses  resulting  from  the  crime  with
respect  to  which  the award is made. Upon the payment of an award, the
[board] OFFICE may, by writing, notify the claimant that  such  claimant
has  ninety  days, or thirty days prior to the date of expiration of the
applicable statute of limitations, whichever period is  shorter,  within
which  to  commence  an  action against his assailant or any third party
who, as a result of the crime, may be liable in damages to the claimant.
If the claimant fails to commence an action  within  the  time  provided
herein,  such  failure  shall, after written notification by the [board]
OFFICE to the claimant, operate as an assignment of the claimant's cause
of action against the assailant or such other third party to the  state;
provided,  however,  that should the claimant's cause of action be in an
amount in excess of the [board's] OFFICE'S award, such assignment  shall
be  for only that portion of the cause of action which equals the amount
of the award.
  (b) The [crime victims board] OFFICE OF VICTIM SERVICES  shall  review
those claims that have been approved by the [board] OFFICE and that have
resulted  in  an award in excess of one thousand dollars for the purpose
of identifying those causes of action  that  are  likely  to  result  in
recovery  of the state's payment to the victim. The [board] OFFICE shall
submit a list of these claims on a monthly basis to the attorney general
with all necessary information relating to the  case  including  whether
the  [claiment's]  CLAIMANT'S  cause  of action has been assigned to the
[board] OFFICE.
  (c) The attorney general may commence an action against the  defendant
convicted of the crime or third party for money damages to the extent of
the award paid, and the claimant shall retain a right of action, subject
to  defenses, to recover damages for the full amount of loss incurred by
him as a result of the crime less the amount assigned to  the  state  by
operation  of  this  subdivision. Notwithstanding any other provision of
law, an action brought by the attorney general pursuant  to  this  para-
graph  against  the  defendant  convicted of the crime must be commenced
within seven years of the crime or pursuant to the time  frames  author-
ized  in  subdivision  three of section six hundred thirty-two-a of this
article.  A claimant who retains such right of action shall be permitted
to intervene in any action brought pursuant to this subdivision  by  the
attorney  general.  Any  action  brought  by the attorney general may be
compromised or settled provided the attorney  general  and  the  [board]
OFFICE find that such action is in the best interests of the state.

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  2. Acceptance of an award made pursuant to this article shall create a
lien  in  favor  of  the  state on the proceeds of any recovery from the
person or persons liable for the injury or  death  giving  rise  to  the
award  by  the [board] OFFICE, whether by judgment, settlement or other-
wise,  after the deduction of the reasonable and necessary expenditures,
including attorney's fees, incurred in effecting such recovery,  to  the
total  amount  of the award made by the [board] OFFICE.  Such lien shall
attach to any moneys received or to  be  received  by  the  claimant  or
victim  on account of losses resulting from the crime. Should the claim-
ant or victim secure a recovery from the person or  persons  liable  for
the  injury  or  death  giving  rise to the award by the [board] OFFICE,
whether by judgment, settlement or otherwise, such  claimant  may,  upon
notice to the [board] OFFICE, apply to the court in which the action was
instituted,  or  to any court of competent jurisdiction if no action was
instituted, for an  order  apportioning  the  reasonable  and  necessary
expenditures,  including  attorney's  fees,  incurred  in effecting such
recovery. Such expenditures shall be equitably apportioned by the  court
between  the  claimant and the [board] OFFICE. A copy of such lien shall
be mailed to the clerk of the county within which the crime occurred and
such clerk will file the copy in accordance  with  the  duties  of  such
clerk  as  set  forth  in section five hundred twenty-five of the county
law. The amount of such lien  may  be  compromised  or  settled  by  the
[board]  OFFICE provided the [board] OFFICE finds that such action is in
the best interests of the state, or payment of the full  amount  of  the
lien to the state would cause undue hardship for the victim.
  3.  Any  claimant who has received an award under this article, or his
guardian, judicially appointed personal representative, or  his  estate,
who  brings  an  action for damages against the person or persons liable
for the injury or death giving rise to an award by  the  [board]  OFFICE
under  this  article  shall give written notice to the [board] OFFICE of
the commencement of such action at the time such  action  is  commenced.
Such  notice  shall  be  served  personally or by certified mail, return
receipt requested.
  4. The attorney general may intervene, as of right, in any such action
on behalf of the state of New York for the  purpose  of  recovering  the
subrogated  interest  due  the state of New York under the provisions of
this article.
  5. The [board] COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR,  shall
adopt  rules and regulations to carry out the provisions and purposes of
this section.
  6. The [board] OFFICE shall compile information on the number of cases
submitted to the attorney general, the number of actions  instituted  by
the  attorney  general  to  recover  payments made to crime victims, the
dollar amount of recoveries made in such actions both on behalf  of  the
state  and any awards made to victims who intervene in such actions. The
[board] DIVISION shall include this information, and any recommendations
to the governor and legislature to improve the collection of awards,  in
its annual report.
  S  102.  Subdivisions  1  and 2 of section 631-a of the executive law,
subdivision 1 as added by chapter 688 of the laws of 1985  and  subdivi-
sion  2  as  amended  by chapter 263 of the laws of 1986, are amended to
read as follows:
  1. The [crime  victims  board]  DIVISION  shall  make  grants,  within
amounts appropriated for that purpose, for crime victim service programs
to provide services to crime victims and witnesses. These programs shall
be  operated  at the community level by not-for-profit organizations, by

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agencies of local government or by any combination thereof. Crime victim
service programs may be designed to serve crime victims and witnesses in
general in a particular community, or may be designed to serve a catego-
ry of persons with special needs relating to a particular kind of crime.
  2.  The  [crime  victims board] COMMISSIONER, IN CONSULTATION WITH THE
DIRECTOR,  shall  promulgate  regulations,  relating  to  these  grants,
including guidelines for its determinations.
  (a) These regulations shall be designed to promote:
  (i)  alternative funding sources other than the state, including local
government and private sources;
  (ii) coordination of public and private efforts to aid crime  victims;
and
  (iii)  long  range  development of services to all victims of crime in
the community and to all victims  and  witnesses  involved  in  criminal
prosecutions.
  (b)  These  regulations shall also provide for services including, but
not limited to:
  (i) assistance to claimants seeking crime victims  compensation  bene-
fits;
  (ii) referrals, crisis intervention and other counseling services;
  (iii) services to elderly victims and to child victims and their fami-
lies;
  (iv) transportation and household assistance; and
  (v)  outreach  to  the  community  and  education  and training of law
enforcement and other criminal justice officials to the needs  of  crime
victims.
  S  103.  Subdivision 1 of section 640 of the executive law, as amended
by chapter 414 of the laws of 1985, is amended to read as follows:
  1. The commissioner of the division of criminal justice  services,  in
consultation with the [chairman of the crime victims board] DIRECTOR and
other  appropriate  officials, shall promulgate standards for the treat-
ment of the innocent victims of crime by the agencies which comprise the
criminal justice system of the state.
  S 104. The article heading of article 22  of  the  executive  law,  as
amended  by  chapter  17  of  the  laws  of  1982, is amended to read as
follows:
              [CRIME VICTIMS BOARD] OFFICE OF VICTIM SERVICES
  S 105. Section 644 of the executive law, as added by chapter 94 of the
laws of 1984, is amended to read as follows:
  S 644. Implementation. The commissioner of the  division  of  criminal
justice  services and the [chairman of the crime victims board] DIRECTOR
OF THE OFFICE OF VICTIM SERVICES shall assist criminal justice  agencies
in implementing the guidelines promulgated by the commissioner.
  S  106.  Section  645 of the executive law, as added by chapter 893 of
the laws of 1986, is amended to read as follows:
  S 645. Fair treatment standards for crime victims in the  courts.  The
chief administrator of the courts, in consultation with the commissioner
of the division of criminal justice services, the [chairman of the crime
victims  board]  DIRECTOR  OF  THE  OFFICE  OF VICTIM SERVICES and other
appropriate officials, shall promulgate standards for the  treatment  of
the  innocent victims of crime by the unified court system. These stand-
ards shall conform to and be consistent with the regulations promulgated
pursuant to section six hundred forty of this article.
  S 107. Subdivisions 1, 3 and 4 of section 646-a of the executive  law,
subdivisions  1  as amended and 4 as added by chapter 173 of the laws of

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2006 and subdivision 3 as added by chapter 67 of the laws of  1994,  are
amended to read as follows:
  1.  The  district  attorney  shall provide the victim, at the earliest
time possible, with an informational pamphlet detailing  the  rights  of
crime  victims  which  shall  be  prepared  by  the division of criminal
justice services in [cooperation with the crime victims board,]  CONSUL-
TATION  WITH  THE DIRECTOR OF THE OFFICE OF VICTIM SERVICES and distrib-
uted to each district attorney's office.
  3. This pamphlet shall provide space for the insertion of the  follow-
ing information:
  (a)  the address and phone number of the [nearest crime victims board]
office OF VICTIM SERVICES;
  (b) the address and phone numbers of local  victim  service  programs,
where appropriate;
  (c)  the  name,  phone number and office location of the person in the
district attorney's office to whom inquiries concerning the victims case
may be directed; and
  (d) any other information the division deems appropriate.
  4. (a) The commissioner of the division of criminal  justice  services
in [cooperation] CONSULTATION with the [crime victims board] DIRECTOR OF
THE  OFFICE  OF VICTIM SERVICES shall develop and prepare a standardized
form for the use of district attorney offices for the purpose of report-
ing compliance with this section. The form is to be distributed to  each
district  attorney.  Every district attorney's office in the state shall
complete the reporting form annually and send it to the  [chair  of  the
crime  victims  board]  DIRECTOR OF THE OFFICE OF VICTIM SERVICES by the
first day of January each year subsequent to the effective date of  this
subdivision.
  (b)  A  copy  of the report shall be retained by the district attorney
and upon request, a victim of a crime or relative of a victim  shall  be
entitled  to receive from the district attorney a copy of their district
attorney's annual report without charge. Any other person  requesting  a
copy  of  the  report  shall  pay a fee not to exceed the actual cost of
reproduction.
  S 108. Paragraph (a) of subdivision 2 and subdivision 3-a  of  section
844-b of the executive law, paragraph (a) of subdivision 2 as amended by
chapter  393 of the laws of 1995 and subdivision 3-a as added by chapter
626 of the laws of 1997, are amended to read as follows:
  (a) The committee shall consist of a representative of the commission-
er, representative of the superintendent of the New York  state  police,
two  representatives  of  the  New  York state sheriffs association, two
representatives of the New York state association of chiefs  of  police,
two  representatives  of  the New York state district attorneys' associ-
ation, a representative of the attorney general, a representative of the
[chairperson of the crime victims  board]  DIRECTOR  OF  THE  OFFICE  OF
VICTIM  SERVICES,  a  representative of the director of the state office
for the aging, a representative of the commissioner of social  services,
a representative of the commissioner of the New York city police depart-
ment,  a representative of the New York state crime prevention coalition
and two elderly representatives one to be  appointed  by  the  temporary
president  of  the  senate and the other by the speaker of the assembly.
The commissioner shall make appointments to the committee in  accordance
with  nominations  submitted  by the relevant agencies or organizations.
Each member of the committee shall be appointed by the  commissioner  to
serve  a  two year term. Any member appointed by the commissioner may be
reappointed for additional terms. Any vacancies shall be filled  in  the

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same  manner as the original appointment and vacancies created otherwise
than by expiration of term shall be filled for  the  remainder  of  that
unexpired term.
  3-a.  Reports. On or before March first, nineteen hundred ninety-eight
and annually thereafter the committee  shall  report  to  the  temporary
president  of  the senate, the speaker of the assembly, the chair of the
assembly committee on aging and the chair of  the  senate  committee  on
aging,  on  the  incidence  of reports of abuse of elderly persons. Such
report shall consist  of  information  from  reports  forwarded  to  the
committee  by  local law enforcement agencies pursuant to section 140.10
of the criminal procedure law including number  of  reported  incidents,
ages  of  victims  and  alleged offenders, circumstances of the incident
whether arrests were made and the sentence, if any,  of  the  offenders.
Such  report  shall  also  recommend  policies  and  programs to aid law
enforcement agencies, the courts and the New York state  [crime  victims
board]  OFFICE  OF VICTIM SERVICES in efforts to assist elder victims of
domestic  violence.  The  report  shall  also  include   recommendations
designed  to  assist  law  enforcement  agencies  in implementing "Triad
Programs".
  S 109. Intentionally omitted.
  S 110. Subdivision 12-g of section 8 of  the  state  finance  law,  as
added by chapter 62 of the laws of 2001, is amended to read as follows:
  12-g.  Notwithstanding  any other provision of the court of claims act
or any other law to the contrary, thirty  days  before  the  comptroller
issues  a check for payment to an inmate serving a sentence of imprison-
ment with the state department of correctional services or to a prisoner
confined at a local correctional facility for any  reason,  including  a
payment  made in satisfaction of any damage award in connection with any
lawsuit brought by or on behalf of such inmate or prisoner  against  the
state  or  any of its employees in federal court or any other court, the
comptroller shall give written notice, if required pursuant to  subdivi-
sion  two  of  section six hundred thirty-two-a of the executive law, to
the [state crime victims board] OFFICE  OF  VICTIM  SERVICES  that  such
payment shall be made thirty days after the date of such notice.
  S  111.  Subdivision  3  of section 97-bb of the state finance law, as
amended by section 1 of part A of chapter 56 of the  laws  of  2009,  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 and
expenses of programs to provide services to crime victims and witnesses,
including operations of the  [crime  victims  board]  OFFICE  OF  VICTIM
SERVICES,  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  112. Paragraph (c) of subdivision 1 of section 2805-i of the public
health law, as added by chapter 571 of the laws of 2007, is  amended  to
read as follows:
  (c) offering and making available appropriate HIV post-exposure treat-
ment therapies in cases where it has been determined, in accordance with
guidelines  issued  by  the commissioner, that a significant exposure to
HIV has occurred, and informing the victim that payment  assistance  for
such therapies may be available from the [crime victims board] OFFICE OF
VICTIM  SERVICES pursuant to the provisions of article twenty-two of the
executive law.

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  S 113. Section 70 of the general municipal law, as amended by  chapter
62 of the laws of 2001, is amended to read as follows:
  S 70. Payment of judgments against municipal corporation. When a final
judgment  for  a  sum  of  money  shall be recovered against a municipal
corporation, and the execution thereof shall not be stayed  pursuant  to
law,  or  the  time  for  such stay shall have expired, the treasurer or
other financial officer of such corporation having sufficient moneys  in
his hands belonging to the corporation not otherwise specifically appro-
priated, shall pay such judgment upon the production of a certified copy
of  the  docket thereof. Notwithstanding the provisions of any other law
to the contrary, in any case where payment for any reason is to be  made
to  an  inmate serving a sentence of imprisonment with the state depart-
ment of correctional services or to  a  prisoner  confined  at  a  local
correctional  facility,  the  treasurer or other financial officer shall
give written notice, if required pursuant to subdivision two of  section
six  hundred  thirty-two-a  of  the  executive  law, to the [state crime
victims board] OFFICE OF VICTIM SERVICES that such payment shall be made
thirty days after the date of such notice.
  S 114. Intentionally omitted.
  S 115. Paragraph (b) of subdivision 4 of section 60.27  of  the  penal
law,  as  amended by chapter 619 of the laws of 2002, is amended to read
as follows:
  (b) the term "victim" shall include the victim  of  the  offense,  the
representative  of  a  crime  victim  as  defined  in subdivision six of
section six hundred twenty-one of the executive law, an individual whose
identity was assumed or whose personal identifying information was  used
in violation of section 190.78, 190.79 or 190.80 of this chapter, or any
person  who has suffered a financial loss as a direct result of the acts
of a defendant in violation of section 190.78, 190.79, 190.80, 190.82 or
190.83 of this chapter, a good  samaritan  as  defined  in  section  six
hundred  twenty-one  of the executive law and the [crime victims' board]
OFFICE OF VICTIM SERVICES or other governmental agency that has received
an application for or has provided financial assistance or  compensation
to the victim.
  S  116. Section 116 of the correction law, as amended by chapter 62 of
the laws of 2001, is amended to read as follows:
  S 116. Inmates' funds. The warden or superintendent  of  each  of  the
institutions  within  the  jurisdiction  of the department of correction
shall deposit at least once in each week to his credit as  such  warden,
or  superintendent,  in  such  bank or banks as may be designated by the
comptroller, all the moneys received by him as such  warden,  or  super-
intendent,  as  inmates'  funds, and send to the comptroller and also to
the commissioner of correction monthly, a statement showing  the  amount
so received and deposited. Such statement of deposits shall be certified
by  the  proper  officer of the bank receiving such deposit or deposits.
The warden, or superintendent, shall also verify by his  affidavit  that
the  sum so deposited is all the money received by him as inmates' funds
during the month. Any bank in which such deposits shall be  made  shall,
before  receiving any such deposits, file a bond with the comptroller of
the state, subject to his approval, for such sum as he shall deem neces-
sary. Upon a certificate of approval issued by the director of the budg-
et, pursuant to the provisions  of  section  fifty-three  of  the  state
finance  law,  the  amount  of  interest, if any, heretofore accrued and
hereafter to accrue on moneys so  deposited,  heretofore  and  hereafter
credited  to  the  warden,  or  superintendent, by the bank from time to
time, shall be available for expenditure by the warden,  or  superinten-

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dent,  subject  to  the  direction of the commissioner, for welfare work
among the inmates in his custody. The withdrawal of moneys so  deposited
by  such  warden,  or  superintendent,  as inmates' funds, including any
interest  so  credited,  shall  be subject to his check. Each warden, or
superintendent, shall each month provide the comptroller  and  also  the
commissioner  with  a  record of all withdrawals from inmates' funds. As
used in this section, the term "inmates' funds" means the funds  in  the
possession  of the inmate at the time of his admission into the institu-
tion, funds earned by him as provided in section one hundred eighty-sev-
en of this chapter and any other funds received by him or on his  behalf
and  deposited with such warden or superintendent in accordance with the
rules and regulations of the commissioner. Whenever the  total  unencum-
bered  value  of  funds  in  an  inmate's  account  exceeds ten thousand
dollars, the superintendent shall give  written  notice  to  the  [state
crime victims board] OFFICE OF VICTIM SERVICES.
  S 117. Subdivisions 7 and 8 of section 500-c of the correction law, as
added by chapter 62 of the laws of 2001, are amended to read as follows:
  7.  A  sheriff,  the  New York city commissioner of correction, or the
Westchester county commissioner of correction, as the case may be, shall
maintain an institutional fund  account  on  behalf  of  every  lawfully
sentenced inmate or prisoner in his custody and shall for the benefit of
the  person  make  deposits into said accounts of any prisoner funds. As
used in this section, the term "prisoner funds" means (i) funds  in  the
possession  of  the  prisoner at the time of admission into the institu-
tion; (ii) funds earned by a prisoner as provided in section one hundred
eighty-seven of this chapter; and (iii) any other funds received  by  or
on  behalf  of the prisoner and deposited with such sheriff or municipal
official in accordance with the written procedures  established  by  the
commission.  Whenever the total value of unencumbered funds in a prison-
er's account exceeds ten thousand  dollars,  such  sheriff  or  official
shall  give  written notice to the [state crime victims board] OFFICE OF
VICTIM SERVICES.
  8. A sheriff, the New York city commissioner  of  correction,  or  the
Westchester county commissioner of correction, as the case may be, shall
provide  written notice to all inmates serving a definite sentence for a
specified crime defined in paragraph (e) of subdivision one  of  section
six  hundred thirty-two-a of the executive law who may be subject to any
requirement to report to the [crime  victims  board]  OFFICE  OF  VICTIM
SERVICES  any  funds  of  a  convicted  person as defined in section six
hundred thirty-two-a of the  executive  law,  the  procedures  for  such
reporting and any potential penalty for a failure to comply.
  S  118.  Section 837-a of the executive law is amended by adding a new
subdivision 10 to read as follows:
  10. PRESENT TO THE GOVERNOR AND  TO  THE  LEGISLATURE,  ON  OR  BEFORE
DECEMBER  THIRTY-FIRST  OF  EACH YEAR, A REPORT ON THE ACTIVITIES OF THE
OFFICE OF VICTIM SERVICES,  INCLUDING,  BUT  NOT  LIMITED  TO,  SPECIFIC
INFORMATION  ON  THE  MATTER IN WHICH THE RIGHTS, NEEDS AND INTERESTS OF
CRIME VICTIMS ARE  BEING  ADDRESSED  BY  THE  STATE'S  CRIMINAL  JUSTICE
SYSTEM; INFORMATION TRANSMITTED UNDER SUBDIVISION FIVE OF SECTION 390.30
OF  THE CRIMINAL PROCEDURE LAW AND SUBDIVISION SEVEN OF SECTION 351.1 OF
THE FAMILY COURT ACT WHICH THE OFFICE SHALL  COMPILE,  REVIEW  AND  MAKE
RECOMMENDATIONS  ON  HOW TO PROMOTE THE USE OF RESTITUTION AND ENCOURAGE
ITS ENFORCEMENT; AND INFORMATION RELATING TO THE IMPLEMENTATION  OF  AND
COMPLIANCE  WITH  ARTICLE  TWENTY-THREE  OF THIS CHAPTER BY THE CRIMINAL
JUSTICE AGENCIES AND THE "CRIME VICTIM-RELATED AGENCIES" OF THE STATE.

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  S 119. Subdivision 3 of section 410.10 of the criminal procedure  law,
as  added  by  chapter  62  of  the  laws of 2001, is amended to read as
follows:
  3.  When  the  court pronounces a sentence of probation or conditional
discharge for a specified crime defined in paragraph (e) of  subdivision
one  of  section six hundred thirty-two-a of the executive law, in addi-
tion to specifying the conditions  of  the  sentence,  the  court  shall
provide  written  notice to such defendant concerning any requirement to
report to the [crime victims board] OFFICE OF VICTIM SERVICES funds of a
convicted person as defined in section six hundred thirty-two-a  of  the
executive  law,  the  procedures  for  such  reporting and any potential
penalty for a failure to comply.
  S 120. Section 2222-a of the surrogate's court procedure act, as added
by chapter 62 of the laws of 2001, is amended to read as follows:
S 2222-a. Notice of legacy or distributive share payable  to  inmate  or
               prisoner
  Where  the  legatee, distributee or beneficiary is an inmate serving a
sentence of imprisonment  with  the  state  department  of  correctional
services  or  a  prisoner confined at a local correctional facility, the
court shall give prompt written  notice  to  the  [state  crime  victims
board]  OFFICE  OF  VICTIM SERVICES, and at the same time direct that no
payment be made to such inmate or prisoner for a period of  thirty  days
following the date of entry of the order containing such direction.
  S  121.  Subdivision  6-a of section 20 of the court of claims act, as
added by chapter 62 of the laws of 2001, is amended to read as follows:
  6-a. Notwithstanding the provisions of subdivisions five,  five-a  and
six of this section, in any case where a judgment or any part thereof is
to  be  paid  to  an  inmate serving a sentence of imprisonment with the
state department of correctional services or to a prisoner confined at a
local correctional facility, the comptroller shall give written  notice,
if  required  pursuant to subdivision two of section six hundred thirty-
two-a of the executive law, to the [state crime victims board] OFFICE OF
VICTIM SERVICES that such judgment shall be paid thirty days  after  the
date of such notice.
  S  122.  Subdivision  11 of section 1311 of the civil practice law and
rules, as added by chapter 655 of the laws of 1990, is amended  to  read
as follows:
  11. (a) Any stipulation or settlement agreement between the parties to
a  forfeiture action shall be filed with the clerk of the court in which
the forfeiture action is pending. No stipulation or settlement agreement
shall be accepted for filing unless it is accompanied  by  an  affidavit
from  the  claiming  authority that written notice of the stipulation or
settlement agreement, including the terms of such, has been given to the
[state crime victims board] OFFICE OF VICTIM SERVICES, the  state  divi-
sion of criminal justice services, and in the case of a forfeiture based
on  a  felony defined in article two hundred twenty or section 221.30 or
221.55 of the penal law,  to  the  state  division  of  substance  abuse
services.
  (b)  No  judgment  or order of forfeiture shall be accepted for filing
unless it is accompanied by an affidavit  from  the  claiming  authority
that  written  notice of judgment or order, including the terms of such,
has been given to the [state  crime  victims  board]  OFFICE  OF  VICTIM
SERVICES,  the  state  division of criminal justice services, and in the
case of a forfeiture based on a felony defined in  article  two  hundred
twenty  or section 221.30 or 221.55 of the penal law, to the state divi-
sion of substance abuse services.

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  (c) Any claiming authority or claiming agent which receives any  prop-
erty  pursuant  to chapter thirteen of the food and drug laws (21 U.S.C.
S801 et seq.) of the United States and/or chapter four  of  the  customs
duties  laws (19 U.S.C. S1301 et seq.) of the United States and/or chap-
ter  96  of  the  crimes and criminal procedure laws (18 U.S.C. S1961 et
seq.) of the United States shall provide an affidavit to the commission-
er of the division of criminal justice services  stating  the  estimated
present value of the property received.
  S  123.  Subdivision  4  of section 1349 of the civil practice law and
rules, as added by chapter 655 of the laws of 1990, is amended  to  read
as follows:
  4.  The  claiming  authority shall report the disposal of property and
collection of assets pursuant  to  this  section  to  the  [state  crime
victims board] OFFICE OF VICTIM SERVICES, the state division of criminal
justice services and the state division of substance abuse services.
  S  124.  Subdivision (d) of section 4510 of the civil practice law and
rules, as added by chapter 432 of the laws of 1993, is amended  to  read
as follows:
  (d)  Limitation on waiver. A client who, for the purposes of obtaining
compensation under article twenty-two of the executive law or  insurance
benefits,  authorizes  the disclosure of any privileged communication to
an employee of the [crime victims board] OFFICE OF VICTIM SERVICES or an
insurance representative shall not be deemed to have waived  the  privi-
lege created by this section.
  S 125. Section 5011 of the civil practice law and rules, as amended by
chapter 62 of the laws of 2001, is amended to read as follows:
  S 5011. Definition and content of judgment. A judgment is the determi-
nation  of  the rights of the parties in an action or special proceeding
and may be either interlocutory or final. A judgment shall refer to, and
state the result of, the verdict or decision, or recite the default upon
which it is based. A judgment may direct  that  property  be  paid  into
court  when  the  party  would not have the benefit or use or control of
such property or where special  circumstances  make  it  desirable  that
payment  or  delivery to the party entitled to it should be withheld. In
any case where damages are awarded to an inmate serving  a  sentence  of
imprisonment  with the state department of correctional services or to a
prisoner confined at a local correctional facility, the court shall give
prompt written notice to the  [state  crime  victims  board]  OFFICE  OF
VICTIM  SERVICES,  and  at the same time shall direct that no payment be
made to such inmate or prisoner for a period of  thirty  days  following
the date of entry of the order containing such direction.
  S 126. Intentionally omitted.
  S 127. Subdivision 2 of section 459-b of the real property tax law, as
added by chapter 269 of the laws of 1996, is amended to read as follows:
  2.  To qualify as a physically disabled crime victim or good samaritan
for the purposes of this section, an  individual  shall  submit  to  the
assessor  a certified statement from a physician licensed to practice in
the state of New York on a form prescribed and  made  available  by  the
state  board  which  states that the individual has a permanent physical
impairment which substantially limits one or more of  such  individual's
major  life  activities,  except  that  an individual who has obtained a
certificate from the state commission for the blind and  visually  hand-
icapped  stating  that  such individual is legally blind may submit such
certificate in lieu of a physician's certified statement. In addition, a
copy of a police report pertaining to the crime from  which  the  injury
resulted,  a  report  from  the  [crime  victims board] OFFICE OF VICTIM

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SERVICES or other evidence or documentation which would tend to substan-
tiate that a physical disability was inflicted upon an individual as the
result of a crime shall also be submitted to the assessor.
  S  128. Paragraph 2 of subdivision c of section 17-193 of the adminis-
trative code of the city of New York, as added by local law number 62 of
the city of New York for the year 2007, is amended to read as follows:
  2. contact information for the New York state  [crime  victims  board]
OFFICE  OF  VICTIM  SERVICES  and information indicating how such owner,
resident or occupant can apply to  such  [board]  OFFICE  for  financial
assistance  to  help cover the cost of professional clean up of a trauma
scene, including how application forms can be obtained at the  [board's]
OFFICE'S local office or website;
  S 129. This act shall take effect on April 1, 2010; provided, however,
that:
  (a)  the  amendments  to  paragraphs a, b, e and i of subdivision 1 of
section 261 of the executive law made by section twenty-five of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith;
  (b) the amendments to subdivisions 1 and 5 of section  410.92  of  the
criminal procedure law made by sections twenty-seven and twenty-eight of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith;
  (c) the amendments to the opening paragraph of paragraph (b) of subdi-
vision  6 of section 1198 of the vehicle and traffic law made by section
thirty-three of this act shall not affect the repeal of such section and
shall be deemed repealed therewith;
  (d) the amendments to section 252-a of the family court  act  made  by
section  forty-five  of this act shall not affect the expiration of such
section and shall be deemed to expire therewith;
  (e) the amendments to subdivisions 5 and 6 of  section  257-c  of  the
executive  law  made by section fifty-one-a of this act shall not affect
the expiration of such section and shall expire therewith;
  (f) the amendments to subdivision (a) of section 483-ee of the  social
services  law  made  by section seventy-six of this act shall not affect
the repeal of such section and shall be deemed repealed therewith; and
  (g) the amendments to subdivisions 7 and 8 of  section  500-c  of  the
correction  law  made by section one hundred seventeen of this act shall
not affect the repeal of such section and shall be deemed repealed ther-
ewith.

                                 PART B

  Section 1. Section 20 of the executive law, as added by chapter 640 of
the laws of 1978, paragraph a of subdivision 2 as amended by chapter 781
of the laws of 1988, is amended to read as follows:
  S 20. Natural and man-made disasters; policy; definitions. 1. It shall
be the policy of the state that:
  a. local government and emergency service organizations continue their
essential role as the first line of defense in times  of  disaster,  and
that  the  state  provide  appropriate supportive services to the extent
necessary;
  b. local chief executives take an active  and  personal  role  in  the
development  and implementation of disaster preparedness programs and be
vested with authority and responsibility in order to insure the  success
of such programs;

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  c.  state  and local natural disaster and emergency response functions
be coordinated USING RECOGNIZED  PRACTICES  IN  INCIDENT  MANAGEMENT  in
order to bring the fullest protection and benefit to the people;
  d.  state  resources be organized and prepared for immediate effective
response to disasters which are beyond the capability of  local  govern-
ments and emergency service organizations; and
  e.  state  and  local plans, organizational arrangements, and response
capability required to execute the provisions of this article  shall  at
all  times be the most effective that current circumstances and existing
resources allow.
  2. As used in this article the following terms shall have the  follow-
ing meanings:
  a.  "disaster"  means  occurrence or imminent threat of wide spread or
severe damage, injury, or loss of life or property  resulting  from  any
natural  or man-made causes, including, but not limited to, fire, flood,
earthquake, hurricane, tornado, high water, landslide,  mudslide,  wind,
storm,  wave  action,  volcanic  activity,  epidemic, air contamination,
TERRORISM, CYBER EVENT, blight, drought, infestation, explosion,  radio-
logical  accident,  NUCLEAR,  CHEMICAL,  BIOLOGICAL,  OR BACTERIOLOGICAL
RELEASE, water contamination, bridge failure or bridge collapse.
  b. "state disaster emergency" means a period beginning with a declara-
tion by the governor that a disaster exists and ending upon  the  termi-
nation thereof.
  c. "municipality" means a public corporation as defined in subdivision
one  of  section sixty-six of the general construction law and a special
district as defined in subdivision sixteen of section one hundred two of
the real property tax law.
  d. "commission" means the  disaster  preparedness  commission  created
pursuant to section twenty-one of this article.
  e. "emergency services organization" means a public or private agency,
VOLUNTARY  organization  or  group  organized  and  functioning  for the
purpose of providing fire, medical, ambulance, rescue, housing, food  or
other services directed toward relieving human suffering, injury or loss
of  life  or  damage  to property as a result of an emergency, including
non-profit and  governmentally-supported  organizations,  but  excluding
governmental agencies.
  f. "chief executive" means:
  (1) a county executive or manager of a county;
  (2) in a county not having a county executive or manager, the chairman
or other presiding officer of the county legislative body;
  (3) a mayor of a city or village, except where a city or village has a
manager, it shall mean such manager; and
  (4)  a  supervisor  of  a  town, except where a town has a manager, it
shall mean such manager.
  G. "DISASTER EMERGENCY  RESPONSE  PERSONNEL"  MEANS  AGENCIES,  PUBLIC
OFFICERS,  EMPLOYEES, OR AFFILIATED VOLUNTEERS HAVING DUTIES AND RESPON-
SIBILITIES UNDER OR PURSUANT TO  A  COMPREHENSIVE  EMERGENCY  MANAGEMENT
PLAN.
  H.  "EMERGENCY  MANAGEMENT  DIRECTOR"  MEANS  THE  GOVERNMENT OFFICIAL
RESPONSIBLE FOR EMERGENCY PREPAREDNESS,  RESPONSE  AND  RECOVERY  FOR  A
COUNTY, CITY, TOWN, OR VILLAGE.
  S  2.  Section 21 of the executive law, as added by chapter 640 of the
laws of 1978, subdivision 1 as amended by chapter 346  of  the  laws  of
2002, subdivision 2 as amended by chapter 158 of the laws of 1994, para-
graph  c  of subdivision 3 as amended by chapter 42 of the laws of 2004,
and paragraphs f, g, h, i, and j of subdivision 3 as amended  and  para-

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graph k of subdivision 3 as added by chapter 171 of the laws of 2006, is
amended to read as follows:
  S 21. Disaster  preparedness  commission established; meetings; powers
and duties.  1. There is hereby created in the  executive  department  a
disaster  preparedness  commission  consisting  of  the commissioners of
transportation, health, division of criminal  justice  services,  educa-
tion,  social  services,  economic development, agriculture and markets,
housing and community renewal, general  services,  labor,  environmental
conservation,  mental  health,  PARKS, RECREATION AND HISTORIC PRESERVA-
TION, CORRECTIONAL SERVICES AND CHILDREN AND FAMILY SERVICES, the presi-
dent of the New York state energy research  and  development  authority,
the  superintendents  of state police, insurance, banking, the secretary
of state, the state fire administrator, the [chair] CHAIRS of the public
service commission AND THE CRIME VICTIMS BOARD,  the  adjutant  general,
the  [director]  DIRECTORS of the [state] OFFICES WITHIN THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES, THE office for technology, the
[chairman] CHAIRS of the thruway authority, THE METROPOLITAN TRANSPORTA-
TION AUTHORITY, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, the chief
professional officer of the state coordinating chapter of  the  American
Red Cross and three additional members, to be appointed by the governor,
two of whom shall be chief executives.  EACH MEMBER AGENCY MAY DESIGNATE
AN OFFICER OF THAT AGENCY, WITH RESPONSIBILITY FOR DISASTER PREPAREDNESS
MATTERS,  WHO  MAY  REPRESENT THAT AGENCY ON THE COMMISSION. The COMMIS-
SIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL
SERVE AS CHAIR OF THE COMMISSION, AND THE governor shall  designate  the
VICE  chair  of  the commission.   The members of the commission, except
those who serve ex officio, shall be allowed their actual and  necessary
expenses  incurred in the performance of their duties under this article
but shall receive  no  additional  compensation  for  services  rendered
pursuant to this article.
  2.  The  commission,  on  call of the chairperson, shall meet at least
twice each year and at such other times as may be necessary. The  agenda
and meeting place of all regular meetings shall be made available to the
public  in  advance of such meetings and all such meetings shall be open
to the public. The commission shall establish  quorum  requirements  and
other  rules  and procedures regarding conduct of its meetings and other
affairs. [The adjutant general shall serve as secretary to  the  commis-
sion  and  provide  staff services as may be necessary through the state
emergency management office.]
  3. The commission shall have the  following  powers  and  responsibil-
ities:
  a.  study  all  aspects  of  man-made  or natural disaster prevention,
response and recovery;
  b. request and obtain from any state or local officer  or  agency  any
information  necessary to the commission for the exercise of its respon-
sibilities;
  c. prepare [state disaster preparedness plans, to be approved  by  the
governor, and review such plans and report thereon] AND, AS APPROPRIATE,
REVISE  A  STATE COMPREHENSIVE EMERGENCY MANAGEMENT PLAN. THE COMMISSION
SHALL REPORT ALL REVISIONS TO SUCH PLAN by March  thirty-first  of  each
year  to the governor, the legislature and the chief judge of the state,
UNLESS A CURRENT VERSION OF THE PLAN IS AVAILABLE TO THE PUBLIC  ON  THE
WEBSITE OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.  In
preparing  such  plans,  the  commission  shall consult with federal and
local officials, emergency service organizations, and the public  as  it
deems  appropriate.  To the extent such plans impact upon administration

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of the civil and criminal justice systems of the state, including  their
operational and fiscal needs in times of disaster emergency, the commis-
sion,  its  staff  and  any  working  group, task force, agency or other
instrumentality  to which it may delegate responsibility to assist it in
its duties shall consult with the chief administrator of the courts  and
coordinate  their  preparation with him or her or with his or her repre-
sentatives;
  d. prepare, keep current and distribute to chief executives and others
an inventory of programs directly relevant to  prevention,  minimization
of  damage, readiness, operations during disasters, and recovery follow-
ing disasters;
  e. direct state disaster  operations  and  coordinate  state  disaster
operations with local disaster operations following the declaration of a
state disaster emergency;
  f.  unless  it deems it unnecessary, create, following the declaration
of a state disaster emergency, a temporary organization in the  disaster
area  to  provide  for integration and coordination of efforts among the
various federal, state, municipal and  private  agencies  involved.  The
commission, upon a finding that a municipality is unable to manage local
disaster  operations, may, with the approval of the governor, direct the
temporary organization to assume direction of the local  disaster  oper-
ations of such municipality, for a specified period of time, and in such
cases  such  temporary organization shall assume direction of such local
disaster operations, subject to the supervision of the commission.    In
such  event, such temporary organization may utilize such municipality's
local resources, provided, however, that the state shall not  be  liable
for any expenses incurred in using such municipality's resources;
  g.  assist in the coordination of federal recovery efforts and coordi-
nate recovery assistance by state and private agencies;
  h. provide for periodic briefings, drills, exercises or other means to
assure that all state personnel  with  direct  responsibilities  in  the
event  of a disaster are fully familiar with response and recovery plans
and the manner in which they shall carry out their responsibilities, and
coordinate with federal, local or other state personnel. Such activities
may take place on a regional or county  basis,  and  local  and  federal
participation shall be invited and encouraged;
  i.  submit to the governor, the legislature and the chief judge of the
state by March thirty-first of each year an annual  report  which  shall
include but need not be limited to:
  (1)  a  summary of commission and state agency activities for the year
and plans for the ensuing year with respect to the duties and  responsi-
bilities of the commission;
  (2)  recommendations  on ways to improve state and local capability to
prevent, prepare for, respond to and recover from disasters;
  (3) the status of the state and local plans for disaster  preparedness
and  response,  including  the  name of any locality which has failed or
refused to develop and implement its own disaster preparedness plan  and
program; AND
  j.  [coordinate  and,  to  the extent possible and feasible, integrate
commission activities, responsibilities and duties  with  those  of  the
civil defense commission; and
  k.]  develop  public  service announcements to be distributed to tele-
vision and radio stations and other media throughout the state informing
the public how to prepare and respond to disasters. Such public  service
announcements  shall  be distributed in English and such other languages
as such commission deems appropriate.

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  4. ALL POWERS OF THE STATE CIVIL DEFENSE COMMISSION  ARE  ASSIGNED  TO
THE COMMISSION.
  5.  THE OFFICE OF EMERGENCY MANAGEMENT WITHIN THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES SHALL SERVE AS  THE  STAFF  ARM  OF  THE
COMMISSION  AND SHALL BE RESPONSIBLE FOR IMPLEMENTING PROVISIONS OF THIS
ARTICLE AND THE RULES AND POLICIES ADOPTED BY THE COMMISSION.
  S 3. Subdivision 3 of section 22 of the executive  law,  as  added  by
chapter  640  of  the  laws  of  1978,  subparagraph 8 of paragraph b as
amended by chapter 42 of the laws of 2004 and subparagraphs 14 and 15 of
paragraph b as amended and subparagraph 16 of paragraph b  as  added  by
chapter 677 of the laws of 2006, is amended to read as follows:
  3.  Such plans shall be prepared with such assistance from other agen-
cies as the commission deems necessary, and shall include,  but  not  be
limited to:
  a.  Disaster prevention AND MITIGATION.  Plans to prevent and minimize
the effects of disasters shall include, but not be limited to:
  (1) identification of [potential disasters and disaster sites] HAZARDS
AND ASSESSMENT OF RISK;
  (2) recommended disaster prevention AND MITIGATION projects, policies,
priorities and programs, with suggested implementation schedules,  which
outline federal, state and local roles;
  (3)  suggested  revisions  and additions to building and safety codes,
and zoning and other land use programs;
  (4) suggested ways in  which  state  agencies  can  provide  technical
assistance  to  municipalities  in  the  development  of  local disaster
prevention AND MITIGATION plans and programs;
  (5) such other measures as reasonably can be taken to [prevent  disas-
ters  or  mitigate  their  impact] PROTECT LIVES, PREVENT DISASTERS, AND
REDUCE THE IMPACT OF DISASTERS.
  b. Disaster response. Plans to coordinate the  use  of  resources  and
manpower for service during and after disaster emergencies and to deliv-
er  services to aid citizens and reduce human suffering resulting from a
disaster emergency shall include, but not be limited to:
  (1) [centralized] coordination of resources,  manpower  and  services,
USING RECOGNIZED PRACTICES IN INCIDENT MANAGEMENT AND utilizing existing
organizations  and  lines  of  authority  and  centralized  direction of
requests for assistance;
  (2) the location, procurement, construction,  processing,  transporta-
tion, storing, maintenance, renovation, distribution, DISPOSAL or use of
materials, INCLUDING THOSE DONATED, AND facilities and services;
  (3) a system for warning populations who are or may be endangered;
  (4) arrangements for activating state, municipal and volunteer forces,
through  normal  chains  of command so far as possible and for continued
communication and reporting;
  (5) a specific plan for rapid and efficient communication, and for the
integration of state communication facilities during  a  state  disaster
emergency,  including  the assignment of responsibilities and the estab-
lishment  of  communication  priorities,  and  liaison  with  municipal,
private and federal communication facilities;
  (6) a plan for coordinated evacuation procedures, including the estab-
lishment of temporary housing and other necessary facilities;
  (7)  criteria for establishing priorities with respect to the restora-
tion of vital services and debris removal;
  (8) plans for the continued effective operation of the civil and crim-
inal justice systems;

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  (9) provisions for training state and local government  personnel  and
volunteers in disaster response operations;
  (10) providing information to the public;
  (11) care for the injured and needy and identification and disposition
of the dead;
  (12)  utilization  and  coordination  of programs to assist victims of
disasters, with particular attention to  the  needs  of  the  poor,  the
elderly, the [handicapped] DISABLED, and other groups which may be espe-
cially affected;
  (13) control of ingress and egress to and from a disaster area;
  (14) arrangements to administer federal disaster assistance;
  (15)  a  system  for obtaining and coordinating [disaster information]
SITUATIONAL AWARENESS including the centralized assessment  of  disaster
effects and resultant needs; and
  (16)  utilization  and  coordination of programs to assist individuals
with household pets and  service  animals  following  a  disaster,  with
particular  attention to means of evacuation, shelter and transportation
options.
  c. Recovery. Plans to provide for  recovery  and  redevelopment  after
disaster emergencies shall include, but not be limited to:
  (1)  measures  to  coordinate  state  agency  assistance  in  recovery
efforts;
  (2) arrangements to administer federal recovery assistance; and
  (3) such other measures as reasonably can be taken to  assist  in  the
development and implementation of local disaster recovery plans.
  S  4.  Section 23 of the executive law, as added by chapter 640 of the
laws of 1978, subdivision 1 as amended by chapter 603  of  the  laws  of
1993,  subdivision  5 and subparagraph 8 of paragraph b of subdivision 7
as amended by chapter 42 of the laws of 2004, and subparagraphs  16  and
17  of  paragraph  b  of subdivision 7 as amended and subparagraph 18 of
paragraph b of subdivision 7 as added by chapter  677  of  the  laws  of
2006, is amended to read as follows:
  S 23. Local disaster preparedness plans.  1. Each county, except those
contained  within  the city of New York, and each city, town and village
is authorized to prepare [disaster preparedness] COMPREHENSIVE EMERGENCY
MANAGEMENT plans. The disaster  preparedness  commission  shall  provide
assistance  and advice for the development of such plans. City, town and
village plans shall be coordinated with the county plan.
  2. The purpose of such plans shall be to minimize the effect of disas-
ters by (i) identifying appropriate local measures to prevent disasters,
(ii) developing mechanisms to coordinate the use of local resources  and
manpower  for  service  during  and  after disasters and the delivery of
services to aid citizens and reduce human  suffering  resulting  from  a
disaster,  and  (iii)  providing  for  recovery  and redevelopment after
disasters.
  3. Plans for coordination of resources, manpower  and  services  shall
provide  for  a  centralized  coordination and direction of requests for
assistance.
  4. Plans for coordination of assistance shall provide for  utilization
of existing organizations and lines of authority.
  5.  In  preparing such plans, cooperation, advice and assistance shall
be sought from local government officials, regional and  local  planning
agencies,  police  agencies,  fire departments and fire companies, local
[civil defense] EMERGENCY MANAGEMENT agencies, commercial and  volunteer
ambulance  services,  health  and  social  services officials, community
action agencies, the chief administrator of  the  courts,  organizations

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for  the  elderly  and  the handicapped, other interested groups and the
general public. Such advice  and  assistance  may  be  obtained  through
public  hearings  held  on  public  notice, or through other appropriate
methods.
  6.  All  plans  for  [disaster  preparedness]  COMPREHENSIVE EMERGENCY
MANAGEMENT developed by local governments or any revisions thereto shall
be submitted to the commission by December thirty-first of each year  to
facilitate state coordination of disaster operations.
  7. Such plans shall include, but not be limited to:
  a.  Disaster prevention AND MITIGATION.  Plans to prevent and minimize
the effects of disasters shall include, but not be limited to:
  (1) [identification of potential disasters and disaster  sites]  IDEN-
TIFICATION OF HAZARDS AND ASSESSMENT OF RISK;
  (2) recommended disaster prevention AND MITIGATION projects, policies,
priorities  and programs, with suggested implementation schedules, which
outline federal, state and local roles;
  (3) suggested revisions and additions to building and safety codes and
zoning and other land use programs;
  (4) such other measures as reasonably can be taken to [prevent  disas-
ters  or  mitigate  their  impact] PROTECT LIVES, PREVENT DISASTERS, AND
REDUCE THEIR IMPACT.
  b. Disaster response. Plans to coordinate the  use  of  resources  and
manpower  for service during and after disasters and to deliver services
to aid citizens and reduce human suffering  resulting  from  a  disaster
shall include, but not be limited to:
  (1)  centralized  coordination  of  resources,  manpower and services,
utilizing existing organizations and lines of authority and  centralized
direction of requests for assistance;
  (2)  the  location, procurement, construction, processing, transporta-
tion, storing, maintenance, renovation, distribution or use  of  materi-
als, facilities and services which may be required in time of disaster;
  (3) a system for warning populations who are or may be endangered;
  (4)  arrangements  for  activating  municipal  and  volunteer  forces,
through normal chains of command so far as possible, and  for  continued
communication and reporting;
  (5)  a specific plan for rapid and efficient communication and for the
integration of local communication facilities during a disaster  includ-
ing the assignment of responsibilities and the establishment of communi-
cation priorities and liaison with municipal, private, state and federal
communication facilities;
  (6) a plan for coordination evacuation procedures including the estab-
lishment of temporary housing and other necessary facilities;
  (7)  criteria for establishing priorities with respect to the restora-
tion of vital services and debris removal;
  (8) plans for the continued effective operation of the civil and crim-
inal justice systems;
  (9) provisions for training local government personnel and  volunteers
in disaster response operations;
  (10) providing information to the public;
  (11) care for the injured and needy and identification and disposition
of the dead;
  (12)  utilization  and  coordination  of programs to assist victims of
disasters, with particular attention to  the  needs  of  the  poor,  the
elderly,  the  handicapped,  and  other  groups  which may be especially
affected;
  (13) control of ingress and egress to and from a disaster area;

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  (14) arrangements to administer state and federal disaster assistance;
  (15)  procedures  under which the county, city, town, village or other
political subdivision and emergency organization personnel and resources
will be used in the event of a disaster;
  (16) a system for  obtaining  and  coordinating  disaster  information
including  the  centralized  assessment  of  local  disaster effects and
resultant needs;
  (17) continued operation of governments of political subdivisions; and
  (18) utilization and coordination of programs  to  assist  individuals
with  household  pets  and  service  animals  following a disaster, with
particular attention to means of evacuation, shelter and  transportation
options.
  c.  Recovery.  Local  plans  to provide for recovery and redevelopment
after disasters shall include, but not be limited to:
  (1) recommendations for replacement, reconstruction, removal or  relo-
cation  of  damaged  or destroyed public or private facilities, proposed
new or amendments to zoning, subdivision,  building,  sanitary  or  fire
prevention  regulations and recommendations for economic development and
community development in order to minimize the impact of  any  potential
future disasters on the community.
  (2)  provision  for  cooperation  with  state  and federal agencies in
recovery efforts.
  (3) provisions for training and educating local disaster officials  or
organizations  in  the preparation of applications for federal and state
disaster recovery assistance.
  S 5. Paragraph f of subdivision 1 of section 24 of the executive  law,
as  added  by  chapter  158  of  the laws of 1994, is amended to read as
follows:
  f. the establishment or designation of  emergency  shelters  [and/or],
emergency  medical  shelters, AND IN CONSULTATION WITH THE STATE COMMIS-
SIONER OF HEALTH AND ALTERNATE MEDICAL CARE SITES;
  S 6. Subdivisions 2 and 3 of section 26 of the executive law, subdivi-
sion 2 as added by chapter 640 of the laws of 1978 and subdivision 3  as
amended  by  chapter  158  of  the  laws of 1994, are amended to read as
follows:
  2. Coordination of assistance shall utilize existing organizations and
lines of authority and shall utilize any [disaster preparedness or civil
defense plans] COMPREHENSIVE EMERGENCY MANAGEMENT PLANS prepared by  the
affected municipality.
  3. A chief executive or any elected or appointed county, city, town or
village  official shall not be held responsible for acts or omissions of
municipal employees, disaster preparedness forces or civil defense forc-
es when performing disaster assistance pursuant to a  declared  disaster
emergency or when exercising [disaster preparedness] COMPREHENSIVE EMER-
GENCY MANAGEMENT plans.
  S 7. Section 29-b of the executive law, as added by chapter 640 of the
laws of 1978, is amended to read as follows:
  S 29-b. Use  of  [civil  defense  forces]  DISASTER EMERGENCY RESPONSE
PERSONNEL in disasters. 1. The governor may, in his OR  HER  discretion,
direct  the  state  [civil  defense  commission]  DISASTER  PREPAREDNESS
COMMISSION to conduct [a civil defense drill] AN EMERGENCY  EXERCISE  OR
DRILL,  under  its  direction, in which all or any of the [civil defense
forces] PERSONNEL AND RESOURCES OF THE AGENCIES OF THE COMMISSION of the
state may be utilized to perform the duties assigned to them in a [civil
defense emergency] DISASTER, for the purpose of protecting and  preserv-
ing  human life or property in a disaster. [In such event, civil defense

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forces] DURING A DISASTER OR SUCH DRILL OR EXERCISE, DISASTER  EMERGENCY
RESPONSE  PERSONNEL  in  the state shall operate under the direction and
command of the [state director of civil defense] CHAIR OF  SUCH  COMMIS-
SION,  and shall possess the same powers, duties, rights, privileges and
immunities as are applicable in a civil defense drill held at the direc-
tion of the state civil defense commission under the provisions  of  the
New York state defense emergency act.
  2.  Local  use  of  [civil defense forces] DISASTER EMERGENCY RESPONSE
PERSONNEL. a. Upon the threat or occurrence of a  disaster,  and  during
and  immediately following the same, and except as otherwise provided in
paragraph d of this subdivision, the county chief executive  may  direct
the  [civil  defense director] EMERGENCY MANAGEMENT DIRECTOR of a county
to assist in the protection and preservation of human life  or  property
by  [holding a civil defense drill and training exercise at the scene of
the disaster and at any other appropriate places within the  county,  in
which  all  or any civil defense forces may be called upon] CALLING UPON
DISASTER EMERGENCY RESPONSE PERSONNEL EMPLOYED  BY  OR  SUPPORTING  THAT
COUNTY,  AS  SPECIFIED  IN THE COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT
PLAN, to perform the [civil defense] EMERGENCY RESPONSE duties  assigned
to them.
  b. The [civil defense forces] DISASTER EMERGENCY RESPONSE PERSONNEL of
the  county  shall  be  regarded as a reserve disaster force to be acti-
vated, in whole [in] OR in part, by the county [civil defense  director]
EMERGENCY  MANAGEMENT  DIRECTOR  upon  the direction of the county chief
executive when  the  county  chief  executive,  in  his  discretion,  is
convinced  that  the  personnel  and  resources  of  local municipal and
private agencies normally available for disaster assistance are insuffi-
cient adequately to cope with the disaster.
  c. Except as provided in paragraph d of this subdivision,  the  county
chief executive may exercise the power conferred upon him in paragraph a
of this subdivision, or may deactivate the [civil defense forces] DISAS-
TER  EMERGENCY  RESPONSE PERSONNEL of the county in whole or in part, on
his own motion or upon the request of the chief executive officer  of  a
village,  town or city located within the county of which he is an offi-
cer.
  d. Where the local office of [civil defense] PUBLIC SAFETY OR EMERGEN-
CY MANAGEMENT in a city is independent of the county  office  of  [civil
defense]  PUBLIC  SAFETY OR EMERGENCY MANAGEMENT and is not consolidated
therewith, the county chief executive  may  direct  the  [civil  defense
director]  EMERGENCY MANAGEMENT DIRECTOR of the county to render assist-
ance within such city only when the chief executive officer of such city
has certified to him that the [civil defense forces] DISASTER  EMERGENCY
RESPONSE  PERSONNEL  of  the  city  have  been activated pursuant to the
provisions of subdivision three of this section and that  all  resources
available locally are insufficient adequately to cope with the disaster.
  e. When performing disaster assistance pursuant to this section, coun-
ty  [civil  defense  forces] DISASTER EMERGENCY RESPONSE PERSONNEL shall
operate under the direction and command of the  county  [civil  defense]
EMERGENCY  MANAGEMENT  director  and  his  duly authorized deputies, and
shall possess the same powers, duties, rights, privileges and immunities
they would possess when performing their duties in a  locally  sponsored
civil  defense  drill  or  training  exercise  in the civil or political
subdivision in which they are  enrolled,  employed  or  assigned  [civil
defense] EMERGENCY RESPONSE responsibilities.
  f.  The chief executive officer of a city shall be responsible for the
conduct of disaster operations within the city, including the operations

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directed by the county [civil  defense]  EMERGENCY  MANAGEMENT  director
when  rendering  disaster  assistance  within  a  city  pursuant to this
section.
  g.  Outside of a city, the sheriff of the county, and in Nassau county
the commissioner of police of the county of Nassau, shall supervise  the
operations of the [civil defense director] EMERGENCY MANAGEMENT DIRECTOR
when rendering peace officer duties incident to disaster assistance. The
sheriff  and such commissioner may delegate such supervisory power to an
elected or appointed town or village official in the area affected.
  h. Neither the chief executive officer of a city, nor the county chief
executive, nor any elected or appointed town or village official to whom
the county chief executive has delegated supervisory power as  aforesaid
shall  be held responsible for acts or omissions of [civil defense forc-
es] DISASTER  EMERGENCY  RESPONSE  PERSONNEL  when  performing  disaster
assistance.
  3.  City  use  of  [civil  defense forces] DISASTER EMERGENCY RESPONSE
PERSONNEL. a. Upon the threat or occurrence of a  disaster,  and  during
and  immediately following the same, and except as otherwise provided in
paragraph d of this subdivision, the  chief  executive  of  a  city  may
direct  the [civil defense] EMERGENCY MANAGEMENT director of the city to
assist in the protection and preservation of human life or  property  by
[holding a civil defense drill and training exercise at the scene of the
disaster  and  at any other appropriate places within the city, in which
all or any civil defense forces may be called upon]  CALLING  UPON  CITY
DISASTER  EMERGENCY  RESPONSE  PERSONNEL  to perform the [civil defense]
EMERGENCY RESPONSE duties assigned to them.
  b. The [civil defense forces] DISASTER EMERGENCY RESPONSE PERSONNEL of
the city shall be regarded as a reserve disaster force to be  activated,
in  whole  or  in part, by the city [civil defense] EMERGENCY MANAGEMENT
director upon the direction of the chief executive officer of  the  city
when  the latter, in his discretion, is convinced that the personnel and
resources of local municipal and private agencies normally available for
disaster assistance are insufficient adequately to cope with the  disas-
ter.
  c.  Except  as  provided in paragraph d of this subdivision, the chief
executive officer of a city may exercise the power conferred upon him in
paragraph a of this subdivision, or may deactivate  the  [civil  defense
forces] DISASTER EMERGENCY RESPONSE PERSONNEL of the city in whole or in
part,  on  his  own  motion  or upon the request of the head of the city
police force.
  d. Where the local office of [civil defense] EMERGENCY MANAGEMENT in a
city is under the jurisdiction of a consolidated county office of  civil
defense  as  provided  in  the New York state defense emergency act, the
chief executive officer of such city seeking the  assistance  of  [civil
defense  forces] DISASTER EMERGENCY RESPONSE PERSONNEL in the protection
and preservation of human life or property within such city  because  of
such  disaster, must request the same from the county chief executive in
which such city is located, in the same manner as provided  for  assist-
ance to towns and villages in subdivision two of this section.
  e.  When  performing disaster assistance pursuant to this subdivision,
[city civil defense forces] DISASTER EMERGENCY RESPONSE PERSONNEL  shall
operate  under  the  direction  and  command  of the city [civil defense
director] EMERGENCY MANAGEMENT DIRECTOR and his  duly  authorized  depu-
ties, and shall possess the same powers, duties, rights, privileges, and
immunities  they would possess when performing their duties in a locally
sponsored civil defense drill or training exercise in the city in  which

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they  are  enrolled,  employed  or  assigned  [civil  defense] EMERGENCY
RESPONSE responsibilities.
  f.  Where  the city [civil defense forces] DISASTER EMERGENCY RESPONSE
PERSONNEL have been directed to  assist  in  local  disaster  operations
pursuant  to  paragraph  a  of this subdivision, and the chief executive
officer of the city is convinced that the  personnel  and  resources  of
local  municipal  and  private  agencies normally available for disaster
assistance, including local [civil defense  forces]  DISASTER  EMERGENCY
RESPONSE  PERSONNEL, are insufficient adequately to cope with the disas-
ter, he may certify the fact to the county chief executive  and  request
the county chief executive to direct the county [civil defense] EMERGEN-
CY  MANAGEMENT director to render assistance in the city, as provided in
subdivision two of this section.
  g. The chief executive officer of a city shall be responsible for  the
conduct of disaster operations within the city, including the operations
directed  by  the  county [civil defense] EMERGENCY MANAGEMENT director,
when rendering disaster assistance within a city pursuant to this subdi-
vision.
  h. Neither the chief executive officer of a city, nor the county chief
executive, shall be held responsible for acts  or  omissions  of  [civil
defense  forces]  DISASTER  EMERGENCY RESPONSE PERSONNEL when performing
disaster assistance.
  S 8. Paragraph (e) of subdivision 1 of section 29-e of  the  executive
law,  as added by chapter 603 of the laws of 1993, is amended to read as
follows:
  (e) "The [state] OFFICE OF emergency management [office]"  shall  mean
the office within the [office of military and naval affairs that assists
the  disaster  preparedness  commission  in  implementing the powers and
duties of the disaster preparedness  commission]  DIVISION  OF  HOMELAND
SECURITY AND EMERGENCY SERVICES.
  S  9.  Paragraphs (a), (f) and (g) of subdivision 3 of section 29-e of
the executive law, as added by chapter 603 of  the  laws  of  1993,  are
amended to read as follows:
  (a)  Upon  the  issuance  of  a  declaration  of  significant economic
distress due to unanticipated natural disaster by the governor, a  muni-
cipality  recognized  by the governor as being affected by such disaster
[which occurred on or after December  first,  nineteen  hundred  ninety-
two,]  may  apply to the [state emergency management office] DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES  WITHIN  NINETY  DAYS  OF  SUCH
DECLARATION  on a form prescribed by such office, for reimbursement from
the state's contingency reserve fund for reimbursement of  extraordinary
and  unanticipated costs associated with the reconstruction or repair of
public buildings, facilities or infrastructure.
  (f) In providing assistance pursuant to this section, the [state emer-
gency management office] DIVISION OF  HOMELAND  SECURITY  AND  EMERGENCY
SERVICES  may give preference to applicants which demonstrate the great-
est need or which document that such  assistance  will  be  utilized  to
bring the applicant into compliance with federal or state law.
  (g) In the event that amounts appropriated are insufficient to provide
for  full  reimbursement  of  all  extraordinary and unanticipated costs
incurred by such municipality approved  for  reimbursement  pursuant  to
this  section, the [state emergency management office] DIVISION OF HOME-
LAND SECURITY AND EMERGENCY SERVICES is authorized to provide a pro rata
share of the appropriations, appropriated herein, to such municipality.

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  S 10. Paragraphs (a) and (b) of subdivision 4 of section 29-e  of  the
executive  law, as added by chapter 603 of the laws of 1993, are amended
to read as follows:
  (a)  The  [adjutant  general] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES as defined in article [nine]  TWENTY-SIX
of  this  chapter  with  the [advise] ADVICE and consent of the disaster
preparedness commission created pursuant to this article, shall have the
power to make such rules and regulations as may be necessary and  proper
to effectuate the purposes of this section.
  (b)  The  [adjutant  general] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES shall by March fifteenth  of  each  year
report to the governor and the legislature describing the activities and
operation  of  the program authorized by this section. Such report shall
set  forth  the  number  of  reimbursement  applications  received   and
approved;  the  identities  of  the counties, cities, towns and villages
receiving reimbursement together with the  amount  and  purpose  of  the
reimbursement.
  S  11.  The  executive  law is amended by adding a new section 29-h to
read as follows:
  S 29-H. INTRASTATE MUTUAL AID PROGRAM. 1. CREATION.  THERE  IS  HEREBY
CREATED  THE INTRASTATE MUTUAL AID PROGRAM TO COMPLEMENT EXISTING MUTUAL
AID AGREEMENTS IN THE EVENT OF A  DISASTER  THAT  RESULTS  IN  A  FORMAL
DECLARATION  OF  AN  EMERGENCY  BY A PARTICIPATING LOCAL GOVERNMENT. ALL
LOCAL GOVERNMENTS WITHIN THE STATE, EXCEPTING THOSE WHICH  AFFIRMATIVELY
CHOOSE  NOT  TO  PARTICIPATE IN ACCORDANCE WITH SUBDIVISION FOUR OF THIS
SECTION, ARE DEEMED TO BE PARTICIPANTS IN THE PROGRAM.
  2. DEFINITIONS. AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS:
  A.  "EMPLOYEE"  MEANS  ANY  PERSON  HOLDING  A  POSITION  BY ELECTION,
APPOINTMENT, OR  EMPLOYMENT  BY  A  LOCAL  GOVERNMENT,  OR  A  VOLUNTEER
EXPRESSLY AUTHORIZED TO ACT BY A LOCAL GOVERNMENT;
  B.  "LOCAL  GOVERNMENT" MEANS ANY COUNTY, CITY, TOWN OR VILLAGE OF THE
STATE;
  C. "LOCAL EMERGENCY MANAGEMENT OFFICER"  MEANS  THE  LOCAL  GOVERNMENT
OFFICIAL RESPONSIBLE FOR EMERGENCY PREPAREDNESS, RESPONSE AND RECOVERY;
  D.  "REQUESTING LOCAL GOVERNMENT" MEANS THE LOCAL GOVERNMENT THAT ASKS
ANOTHER LOCAL GOVERNMENT FOR ASSISTANCE DURING A DECLARED EMERGENCY,  OR
FOR THE PURPOSES OF CONDUCTING TRAINING, OR UNDERTAKING A DRILL OR EXER-
CISE;
  E.  "ASSISTING  LOCAL  GOVERNMENT" MEANS ONE OR MORE LOCAL GOVERNMENTS
THAT PROVIDE ASSISTANCE PURSUANT TO A  REQUEST  FOR  ASSISTANCE  FROM  A
REQUESTING  LOCAL  GOVERNMENT  DURING  A  DECLARED EMERGENCY, OR FOR THE
PURPOSES OF CONDUCTING TRAINING, OR UNDERTAKING A DRILL OR EXERCISE; AND
  F. "VOLUNTEER" MEANS AN INDIVIDUAL, OR MEMBER OF A VOLUNTEER ORGANIZA-
TION, WHO IS NOT A REGULAR EMPLOYEE OF THE  ASSISTING  LOCAL  GOVERNMENT
AND WHO PROVIDES EMERGENCY OR DISASTER RELIEF SERVICES AT THE REQUEST OF
AN ASSISTING LOCAL GOVERNMENT, OTHER THAN AN ENROLLED MEMBER OF A VOLUN-
TEER  AMBULANCE  SERVICE AS DEFINED IN SECTION THREE THOUSAND ONE OF THE
PUBLIC HEALTH LAW, OR VOLUNTEER MEMBERS OF FIRE COMPANIES AS DEFINED  IN
SECTION  SIXTEEN-A OF THE GENERAL CITY LAW, SECTION ONE HUNDRED SEVENTY-
SIX-B OF THE TOWN LAW, AND SECTION 10-1006 OF THE VILLAGE  LAW,  REGARD-
LESS  OF WHETHER OR NOT THE INDIVIDUAL RECEIVES COMPENSATION FROM HIS OR
HER REGULAR EMPLOYER; THIS  INCLUDES  BUT  IS  NOT  LIMITED  TO  MEDICAL
RESERVE  CORPS,  COMMUNITY  EMERGENCY  RESPONSE TEAMS, AND COUNTY ANIMAL
RESPONSE TEAMS.

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  3. INTRASTATE MUTUAL  AID  PROGRAM  COMMITTEE  ESTABLISHED;  MEETINGS;
POWERS  AND  DUTIES.  A.  THERE  IS  HEREBY  CREATED WITHIN THE DISASTER
PREPAREDNESS COMMISSION AN INTRASTATE MUTUAL AID PROGRAM COMMITTEE,  FOR
PURPOSES OF THIS SECTION TO BE REFERRED TO AS THE COMMITTEE, WHICH SHALL
BE  CHAIRED BY THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES, AND SHALL INCLUDE THE STATE FIRE ADMINISTRATOR,  THE
COMMISSIONER OF HEALTH, AND THE COMMISSIONER OF AGRICULTURE AND MARKETS,
PROVIDED  THAT EACH SUCH OFFICIAL MAY APPOINT A DESIGNEE TO SERVE IN HIS
OR HER PLACE ON THE COMMITTEE.  THE COMMITTEE SHALL  ALSO  INCLUDE  FIVE
REPRESENTATIVES FROM LOCAL PUBLIC SAFETY OR EMERGENCY RESPONSE AGENCIES,
WHO  SHALL SERVE A MAXIMUM TWO-YEAR TERM, TO BE APPOINTED BY THE COMMIS-
SIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, WITH
REGARD TO A BALANCE OF GEOGRAPHIC REPRESENTATION AND  DISCIPLINE  EXPER-
TISE.
  B.  THE COMMITTEE, ON THE CALL OF THE CHAIRPERSON, SHALL MEET AT LEAST
TWICE EACH YEAR AND AT SUCH OTHER TIMES AS MAY BE NECESSARY. THE  AGENDA
AND MEETING PLACE OF ALL REGULAR MEETINGS SHALL BE MADE AVAILABLE TO THE
PUBLIC  IN  ADVANCE OF SUCH MEETINGS AND ALL SUCH MEETINGS SHALL BE OPEN
TO THE PUBLIC.
  C. THE COMMITTEE SHALL HAVE THE FOLLOWING POWERS AND RESPONSIBILITIES:
  (1) TO PROMULGATE RULES AND REGULATIONS, ACTING THROUGH  THE  DIVISION
OF HOMELAND SECURITY AND EMERGENCY SERVICES, TO IMPLEMENT THE INTRASTATE
MUTUAL AID PROGRAM AS DESCRIBED IN THIS SECTION;
  (2) TO DEVELOP POLICIES, PROCEDURES AND GUIDELINES ASSOCIATED WITH THE
PROGRAM,  INCLUDING  A  PROCESS FOR THE REIMBURSEMENT OF ASSISTING LOCAL
GOVERNMENTS BY REQUESTING LOCAL GOVERNMENTS;
  (3) TO EVALUATE THE USE OF THE INTRASTATE MUTUAL AID PROGRAM;
  (4) TO EXAMINE ISSUES FACING PARTICIPATING LOCAL GOVERNMENTS REGARDING
THE IMPLEMENTATION OF THE INTRASTATE MUTUAL AID PROGRAM; AND
  (5)  TO  PREPARE  REPORTS  TO  THE  DISASTER  PREPAREDNESS  COMMISSION
DISCUSSING  THE  EFFECTIVENESS  OF  MUTUAL  AID  IN THE STATE AND MAKING
RECOMMENDATIONS FOR IMPROVING THE EFFICACY OF THE SYSTEM,  IF  APPROPRI-
ATE.
  4.  LOCAL  GOVERNMENT  PARTICIPATION  IN  THE  INTRASTATE  MUTUAL  AID
PROGRAM. A. A LOCAL GOVERNMENT MAY  ELECT  NOT  TO  PARTICIPATE  IN  THE
INTRASTATE  MUTUAL  AID PROGRAM, OR TO WITHDRAW FROM THE PROGRAM, BY ITS
GOVERNING BODY ENACTING A RESOLUTION DECLARING THAT  IT  ELECTS  NOT  TO
PARTICIPATE IN THE PROGRAM AND PROVIDING SUCH RESOLUTION TO THE DIVISION
OF  HOMELAND  SECURITY  AND  EMERGENCY  SERVICES.   PARTICIPATION IN THE
PROGRAM WILL CONTINUE UNTIL A COPY OF SUCH RESOLUTION  IS  RECEIVED  AND
CONFIRMED BY THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
  B.  A LOCAL GOVERNMENT THAT HAS DECLINED TO PARTICIPATE IN THE PROGRAM
MAY, ACTING BY RESOLUTION THROUGH ITS GOVERNING  BODY  AND  PROVIDING  A
COPY OF THE RESOLUTION TO THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY SERVICES, ELECT TO PARTICIPATE IN THE PROGRAM.
  C.  NOTHING  IN  THIS  SECTION  SHALL PRECLUDE A LOCAL GOVERNMENT FROM
ENTERING INTO MUTUAL AID AGREEMENTS  WITH  OTHER  LOCAL  GOVERNMENTS  OR
OTHER  ENTITIES WITH TERMS THAT SUPPLEMENT OR DIFFER FROM THE PROVISIONS
OF THIS SECTION.
  D. NOTHING IN THIS SECTION SHALL AFFECT ANY OTHER AGREEMENT TO WHICH A
LOCAL GOVERNMENT MAY CURRENTLY BE A PARTY, OR LATER ENTER INTO,  INCLUD-
ING,  BUT  NOT  LIMITED  TO,  THE STATE FIRE MOBILIZATION AND MUTUAL AID
PLAN.
  5. FIRE RELATED  RESOURCES.    NOTWITHSTANDING  THE  AUTHORITY  VESTED
PURSUANT  TO  THIS SECTION, ALL FIRE RELATED RESOURCES SHALL BE ADMINIS-

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TERED PURSUANT TO SECTION TWO HUNDRED NINE-E OF  THE  GENERAL  MUNICIPAL
LAW.
  6. REQUESTING ASSISTANCE UNDER THE INTRASTATE MUTUAL AID PROGRAM. A. A
PARTICIPATING  LOCAL  GOVERNMENT MAY REQUEST ASSISTANCE OF OTHER PARTIC-
IPATING LOCAL GOVERNMENTS IN PREVENTING, MITIGATING, RESPONDING  TO  AND
RECOVERING  FROM  DISASTERS THAT RESULT IN LOCALLY-DECLARED EMERGENCIES,
OR FOR THE PURPOSE OF CONDUCTING MULTI-JURISDICTIONAL OR REGIONAL TRAIN-
ING, DRILLS OR EXERCISES.  REQUESTS FOR ASSISTANCE MAY BE MADE  VERBALLY
OR  IN WRITING; VERBAL REQUESTS SHALL BE MEMORIALIZED IN WRITING AS SOON
THEREAFTER AS IS PRACTICABLE.
  B. ONCE AN EMERGENCY IS DECLARED AT THE COUNTY LEVEL, ALL REQUESTS AND
OFFERS FOR ASSISTANCE, TO THE EXTENT PRACTICAL, SHALL  BE  MADE  THROUGH
THE  COUNTY  EMERGENCY  MANAGEMENT OFFICE, OR IN THE CASE OF THE CITY OF
NEW YORK, THROUGH THE CITY EMERGENCY MANAGEMENT OFFICE.    ALL  REQUESTS
FOR ASSISTANCE SHOULD INCLUDE:
  (1) A DESCRIPTION OF THE DISASTER;
  (2) A DESCRIPTION OF THE ASSISTANCE NEEDED;
  (3) A DESCRIPTION OF THE MISSION FOR WHICH ASSISTANCE IS REQUESTED;
  (4) AN ESTIMATE OF THE LENGTH OF TIME THE ASSISTANCE WILL BE NEEDED;
  (5)  THE  SPECIFIC  PLACE AND TIME FOR STAGING OF THE ASSISTANCE AND A
POINT OF CONTACT AT THAT LOCATION; AND
  (6) ANY OTHER INFORMATION THAT WILL ENABLE AN ASSISTING LOCAL  GOVERN-
MENT TO RESPOND APPROPRIATELY TO THE REQUEST.
  C.  ASSISTING  LOCAL  GOVERNMENTS SHALL SUBMIT TO THE REQUESTING LOCAL
GOVERNMENT AN INVENTORY OF THE RESOURCES BEING DEPLOYED.
  D. THE WRITTEN REQUEST FOR ASSISTANCE AND ALL INVENTORIES OF RESOURCES
BEING DEPLOYED SHALL BE SUBMITTED TO THE DIVISION OF  HOMELAND  SECURITY
AND  EMERGENCY SERVICES WITHIN THREE CALENDAR DAYS OF THE REQUEST FOR OR
DEPLOYMENT OF SUCH RESOURCES.
  7. PERFORMANCE OF SERVICES. A. (1) EMERGENCY RESPONSE PERSONNEL OF  AN
ASSISTING  LOCAL  GOVERNMENT  SHALL  CONTINUE  UNDER  THE ADMINISTRATIVE
CONTROL OF THEIR JURISDICTION.  HOWEVER, IN ALL OTHER  CASES  WHERE  NOT
PROHIBITED  BY  EXISTING  STATUTE OR OTHER AUTHORITY, EMERGENCY RESPONSE
PERSONNEL OF AN ASSISTING LOCAL GOVERNMENT SHALL BE UNDER THE  DIRECTION
AND  CONTROL OF THE APPROPRIATE OFFICIALS WITHIN THE INCIDENT MANAGEMENT
SYSTEM OF THE REQUESTING LOCAL GOVERNMENT;
  (2) PERFORMANCE BY EMPLOYEES  OF  AN  ASSISTING  LOCAL  GOVERNMENT  OR
VOLUNTEERS  OF  SERVICES  FOR A REQUESTING LOCAL GOVERNMENT, PURSUANT TO
THIS SECTION, SHALL HAVE NO IMPACT UPON WHETHER NEGOTIATING UNIT EMPLOY-
EES REPRESENTED BY AN EMPLOYEE  ORGANIZATION,  RECOGNIZED  OR  CERTIFIED
PURSUANT  TO  SECTIONS TWO HUNDRED SIX OR TWO HUNDRED SEVEN OF THE CIVIL
SERVICE LAW, EXCLUSIVELY PERFORM SUCH SERVICES, AS THAT PHRASE  IS  USED
BY  THE  NEW  YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD, ON BEHALF OF
THE REQUESTING LOCAL GOVERNMENT;
  B. ASSETS AND EQUIPMENT OF AN ASSISTING LOCAL GOVERNMENT SHALL CONTIN-
UE UNDER THE OWNERSHIP OF THE ASSISTING JURISDICTION, BUT SHALL BE UNDER
THE DIRECTION AND CONTROL OF THE APPROPRIATE OFFICIALS WITHIN THE  INCI-
DENT MANAGEMENT SYSTEM OF THE REQUESTING LOCAL GOVERNMENT.
  8.   DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES RESPONSIBIL-
ITIES UNDER THE INTRASTATE MUTUAL AID PROGRAM.  THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES SHALL:
  A. MAINTAIN A CURRENT LIST OF PARTICIPATING JURISDICTIONS  WITH  THEIR
AUTHORIZED  REPRESENTATIVES  AND CONTACT INFORMATION, AND PROVIDE A COPY
OF THE LIST TO EACH OF THE  PARTICIPATING  JURISDICTIONS  ON  AN  ANNUAL
BASIS DURING THE SECOND QUARTER OF EACH CALENDAR YEAR;

S. 6606--A                         79                         A. 9706--A

  B.  MONITOR  AND REPORT TO THE INTRASTATE MUTUAL AID PROGRAM COMMITTEE
ON THE USE OF THE INTRASTATE MUTUAL AID PROGRAM;
  C. COORDINATE THE PROVISION OF MUTUAL AID RESOURCES IN ACCORDANCE WITH
THE COMPREHENSIVE EMERGENCY MANAGEMENT PLAN AND SUPPORTING PROTOCOLS;
  D. IDENTIFY MUTUAL AID BEST PRACTICES;
  E.  WHEN PRACTICAL, PROVIDE THE COMMITTEE WITH STATISTICAL INFORMATION
RELATED TO THE  USE  OF  MUTUAL  AID  DURING  RECENT  REGIONAL  DISASTER
RESPONSES; AND
  F.  ASSIST  WITH  THE  DEVELOPMENT, IMPLEMENTATION AND MANAGEMENT OF A
STATE-WIDE RESOURCE TYPING SYSTEM.
  9. LICENSE, CERTIFICATE AND PERMIT  PORTABILITY.  A.  STATE  CERTIFIED
EMERGENCY MEDICAL SERVICES PROVIDERS WHO RESPOND OUTSIDE OF THEIR NORMAL
JURISDICTION  PURSUANT  TO  A  REQUEST FOR ASSISTANCE UNDER THIS PROGRAM
SHALL FOLLOW THEIR NORMAL OPERATING PROTOCOLS AS IF THEY WERE RESPONDING
AND RENDERING SERVICES IN THEIR HOME JURISDICTION.
  B. ANY OTHER INDIVIDUAL DEPLOYED THROUGH A PARTICIPATING LOCAL GOVERN-
MENT WHO IS CERTIFIED OR PERMITTED EITHER  LOCALLY  OR  REGIONALLY  WHEN
RESPONDING PURSUANT TO A REQUEST FOR ASSISTANCE UNDER THIS PROGRAM SHALL
HAVE THE SAME POWERS AND DUTIES AS IF THEY WERE RESPONDING IN THEIR HOME
JURISDICTION.
  C.  THE  OFFICERS  AND  MEMBERS  OF ANY POLICE DEPARTMENT, INCLUDING A
SHERIFF AND HIS OR HER DEPUTIES, WHILE ENGAGED  IN  DUTY  AND  RENDERING
SERVICE IN A REQUESTING LOCAL GOVERNMENT THAT IS OUTSIDE THEIR GEOGRAPH-
ICAL  AREA  OF  EMPLOYMENT,  SHALL HAVE THE SAME POWERS, DUTIES, RIGHTS,
BENEFITS, PRIVILEGES AND IMMUNITIES AS IF  THEY  WERE  PERFORMING  THEIR
DUTIES  IN  THE  CIVIL  OR POLITICAL SUBDIVISION IN OR BY WHICH THEY ARE
NORMALLY EMPLOYED.
  10. REIMBURSEMENT OF ASSISTING JURISDICTION  BY  REQUESTING  JURISDIC-
TION; RESOLVING DISPUTES REGARDING REIMBURSEMENT. A. ANY ASSISTING LOCAL
GOVERNMENT  REQUESTING  AID  UNDER  THIS  PROGRAM  FOR  LOSS,  DAMAGE OR
EXPENSES INCURRED IN CONNECTION WITH THE PROVISION  OF  AID  THAT  SEEKS
REIMBURSEMENT BY THE REQUESTING LOCAL GOVERNMENT SHALL MAKE SUCH REQUEST
IN  ACCORDANCE  WITH  PROCEDURES  DEVELOPED BY THE INTRASTATE MUTUAL AID
COMMITTEE.
  B. WHERE A DISPUTE ARISES BETWEEN AN ASSISTING LOCAL GOVERNMENT AND  A
REQUESTING LOCAL GOVERNMENT REGARDING REIMBURSEMENT FOR LOSS, DAMAGES OR
EXPENSES  INCURRED  IN CONNECTION WITH THE PROVISION OF AID, THE PARTIES
WILL MAKE EVERY EFFORT TO RESOLVE THE  DISPUTE  WITHIN  THIRTY  BUSINESS
DAYS  OF WRITTEN NOTICE OF THE DISPUTE BY THE PARTY ASSERTING NONCOMPLI-
ANCE. IN THE EVENT THAT THE DISPUTE IS NOT RESOLVED WITHIN NINETY  BUSI-
NESS  DAYS  OF  THE NOTICE OF THE CLAIM, AT THE REQUEST OF EITHER PARTY,
THE DISPUTE SHALL BE RESOLVED THROUGH ARBITRATION  CONDUCTED  UNDER  THE
COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.
  11.  LIABILITY.  A. EACH LOCAL GOVERNMENT IS RESPONSIBLE FOR PROCURING
AND MAINTAINING INSURANCE OR OTHER COVERAGE AS IT DEEMS APPROPRIATE.
  B. ALL ACTIVITIES PERFORMED UNDER THE INTRASTATE  MUTUAL  AID  PROGRAM
ARE  DEEMED  TO  BE  GOVERNMENTAL  FUNCTIONS, AND EMPLOYEES OF ASSISTING
LOCAL GOVERNMENTS SHALL BE PROVIDED THE SAME PROTECTIONS FROM  LIABILITY
AS IF THEY WERE EMPLOYEES OF THE REQUESTING JURISDICTION.
  C. EMPLOYEES OF AN ASSISTING LOCAL GOVERNMENT RESPONDING TO OR RENDER-
ING  ASSISTANCE PURSUANT TO A REQUEST WHO SUSTAIN INJURY OR DEATH IN THE
COURSE OF, AND ARISING OUT OF, THEIR RESPONSE ARE ENTITLED TO ALL APPLI-
CABLE BENEFITS AS IF THEY WERE RESPONDING IN THEIR HOME JURISDICTION.
  D.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  PROVIDE  ANY
PROTECTION  AGAINST  LIABILITY, OR TO CREATE ANY LIABILITY, FOR AN INDI-
VIDUAL WHO RESPONDS TO A STATE OF  EMERGENCY  WHERE  AID  HAS  NOT  BEEN

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REQUESTED,  OR  WHERE  AID  HAS  NOT BEEN AUTHORIZED BY THE INDIVIDUAL'S
LOCAL GOVERNMENT.
  12.  OBLIGATION  OF  INSURERS.   NOTHING IN THIS SECTION SHALL IMPAIR,
ALTER, LIMIT OR MODIFY THE RIGHTS OR OBLIGATIONS OF  ANY  INSURER  UNDER
ANY POLICY OF INSURANCE.
  S  12.    Section 31 of the executive law, as amended by chapter 37 of
the laws of 1962, subdivision 11 as amended by chapter 827 of  the  laws
of  1972 and subdivision 13 as added by chapter 430 of the laws of 1997,
is amended to read as follows:
  S 31. Divisions. There  shall  be  in  the  executive  department  the
following divisions:
  1. The division of the budget.
  2. The division of military and naval affairs.
  3. The office of general services.
  4. The division of state police.
  5. The division of parole.
  6. The division of housing.
  7. The division of alcoholic beverage control.
  8. [Commission against discrimination] THE DIVISION OF HUMAN RIGHTS.
  9. [The division of safety.
  10.] The division of veterans' affairs.
  [11. The office of planning services.
  12. State civil defense commission] 10. THE DIVISION OF HOMELAND SECU-
RITY AND EMERGENCY SERVICES.
  [13.] 11. Office for technology.
  The  governor  may establish, consolidate, or abolish additional divi-
sions and bureaus.
  S 13. (a) Findings. The functions of the office  for  fire  prevention
and control and the state office of emergency management are critical to
public  health  and safety, as is the function of the office of homeland
security. The purpose of this section is to preserve and  enhance  these
functions by consolidating these agencies.  The goal of consolidation is
not  to  reduce  the performance of either function, but rather to inte-
grate them so as to perform them in the most effective possible way.
  (b) Consolidation. The powers, duties and unfinished business  of  the
state  emergency  management  office in the executive department and the
office for fire prevention and control in the department  of  state  are
transferred to the division of homeland security and emergency services,
created  in  article  26  of the executive law and formerly known as the
office of homeland security. All assets, liabilities and records of  the
state emergency management office and the office for fire prevention and
control  are transferred to the division of emergency response and home-
land security.   For the purpose of  succession  to  functions,  powers,
duties  and  obligations  transferred and assigned to, devolved upon and
assumed by it pursuant to this act, the division  of  homeland  security
and  emergency  services  shall  be  deemed  and  held to constitute the
continuation of the state emergency management office,  and  the  office
for fire prevention and control.
  (c)  Transfer  of  employees.    All  employees of the state emergency
management office and certain employees of the office of fire prevention
and control shall be transferred to the division  of  homeland  security
and  emergency services.   For those officers and employees of the state
emergency management office and office for fire prevention  and  control
in  the  unclassified service of the state, the provisions of section 45
of the civil service law shall apply.

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  (d) Pending actions and proceedings.  No  action  pending  as  of  the
effective  date  of  this  act brought by or against the state office of
emergency management or the office for fire prevention  and  control  or
their  directors shall be affected by any provision of this act, but the
same  may  be  prosecuted or defended in the name of the commissioner of
the division of homeland security and emergency services who shall, upon
application to the court, be substituted as a party.
  (e) Continuation of rules and  regulations.  All  rules,  regulations,
acts,  determinations  and  decisions  of  the state office of emergency
management or office for fire prevention and control  in  force  at  the
time  of  the  effective  date  of  this act shall continue in force and
effect as rules, regulations, acts, determinations and decisions of  the
commissioner of the division of homeland security and emergency services
until  duly modified or abrogated by the commissioner of the division of
homeland security and emergency services.
  (f) Transfer of appropriations.  All  appropriations  and  reappropri-
ations  heretofore  made to the state office of emergency management, to
the extent of remaining unexpended  or  unencumbered  balances  thereof,
whether  allocated  or unallocated and whether obligated or unobligated,
shall be transferred to and made available for use  and  expenditure  by
the division of homeland security and emergency services.
  S 14. The article heading of article 26 of the executive law, as added
by  section  1 of part B of chapter 1 of the laws of 2004, is amended to
read as follows:
                   [STATE OFFICE OF HOMELAND SECURITY]
          DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
  S 15. Section 709 of the executive law, as added by section 2 of  part
B  of  chapter  1 of the laws of 2004, paragraph (p) of subdivision 2 as
amended and paragraph (r) of subdivision 2 as added by  chapter  620  of
the  laws  of 2005, paragraph (q) of subdivision 2 as separately amended
by chapters 537 and 620 of the laws of 2005, and paragraph (r) of subdi-
vision 2 as added by chapter 537 of the laws of 2005, is amended to read
as follows:
  S 709. [State office of homeland security] DIVISION OF HOMELAND  SECU-
RITY  AND  EMERGENCY SERVICES; creation; powers and duties.  1. There is
hereby created within the executive department the [office  of  homeland
security]  DIVISION  OF  HOMELAND SECURITY AND EMERGENCY SERVICES, which
shall have and exercise the powers and duties set forth in this article.
Any reference to the 'office of public security', THE 'OFFICE  OF  HOME-
LAND  SECURITY', THE 'STATE EMERGENCY MANAGEMENT OFFICE', THE 'OFFICE OF
CYBER SECURITY' OR THE 'OFFICE FOR FIRE PREVENTION AND CONTROL'  in  the
laws  of  New York state, executive orders, or contracts entered into on
behalf of the state shall be deemed to refer to  the  [state  office  of
homeland security] DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
  2. The [office] DIVISION shall have the power and duty to:
  (a)  oversee  and coordinate the state's homeland security AND COMPRE-
HENSIVE EMERGENCY MANAGEMENT resources, subject to any  laws,  rules  or
regulations governing the budgeting and appropriation of funds;
  (b)  review  homeland  security AND COMPREHENSIVE EMERGENCY MANAGEMENT
policies, protocols and strategies of state agencies. The agencies shall
include, but not be limited to, [the division of state police,  division
of  military  and  naval  affairs,  state  emergency  management office,
department of health, department of environmental conservation, division
of criminal justice services, department of state, office for  technolo-
gy, and the department of transportation] THE STATE AGENCIES INCLUDED ON

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THE DISASTER PREPAREDNESS COMMISSION AS IDENTIFIED IN SECTION TWENTY-ONE
OF THIS CHAPTER;
  (c)  develop  policies, protocols and strategies, which may be used to
prevent, detect, respond to and recover from terrorist acts  or  threats
AND  OTHER  NATURAL  AND  MAN-MADE DISASTERS, WHICH FOR PURPOSES OF THIS
SECTION SHALL HAVE THE SAME MEANING AS DEFINED IN ARTICLE TWO-B OF  THIS
CHAPTER;
  (d) identify potential inadequacies in the state's policies, protocols
and  strategies to detect, respond to and recover from terrorist acts or
threats AND OTHER NATURAL AND MAN-MADE DISASTERS;
  (e) undertake periodic drills and simulations designed to  assess  and
prepare  responses  to  terrorist  acts or threats AND OTHER NATURAL AND
MAN-MADE DISASTERS;
  (f) coordinate state resources for  the  collection  and  analysis  of
information  relating  to terrorist threats and terrorist activities AND
OTHER NATURAL AND MAN-MADE DISASTERS throughout the state subject to any
applicable laws, rules, or regulations;
  (g) coordinate and facilitate information sharing among local,  state,
and  federal law enforcement agencies to ensure appropriate intelligence
to assist in the early  identification  of  and  response  to  potential
terrorist  activities  AND OTHER NATURAL AND MAN-MADE DISASTERS, subject
to any applicable laws, rules, or  regulations  governing  the  release,
disclosure or sharing of any such information;
  (h)  assess  the preparedness of state and local public health systems
to respond to terrorist acts AND OTHER NATURAL AND  MAN-MADE  DISASTERS,
including ensuring the availability of early warning systems designed to
detect  potential  threats  and determining adequacy and availability of
necessary vaccines and pharmaceuticals and hospital capacity;
  (i) coordinate strategies,  protocols  and  first-responder  equipment
needs  that  may be used to monitor, detect, respond to and mitigate the
consequences of a potential biological, chemical or radiological terror-
ist act or threat;
  (j) work with local, state and federal agencies and  private  entities
to  conduct  assessments of the vulnerability of critical infrastructure
to terrorist attack AND OTHER NATURAL AND MAN-MADE DISASTERS, including,
but not limited to, nuclear facilities, power plants, telecommunications
systems, mass transportation systems, public roadways, railways, bridges
and tunnels, and develop strategies that may be  used  to  protect  such
infrastructure  from  terrorist  attack  AND  OTHER NATURAL AND MAN-MADE
DISASTERS;
  (k) develop plans that may be used  to  promote  rapid  recovery  from
terrorist  attacks  AND  OTHER NATURAL AND MAN-MADE DISASTERS, to ensure
prompt restoration of transportation, utilities, critical communications
and information systems and to protect such infrastructure;
  (l) develop plans that may be used to  contain  and  remove  hazardous
materials  used in a terrorist attack OR RELEASED AS A RESULT OF NATURAL
OR MAN-MADE DISASTER;
  (m) act as primary contact with the  federal  department  of  homeland
security;
  (n)  adopt,  promulgate,  amend  and  rescind rules and regulations to
effectuate the provisions and purposes of this article  and  the  powers
and duties of the [office] DIVISION in connection therewith;
  (o) consult with appropriate state and local governments, institutions
of  higher learning, first responders, health care providers and private
entities as necessary to effectuate the provisions of this article,  and
work with those entities to establish, facilitate and foster cooperation

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to  better  prepare the state to prevent and respond to threats and acts
of terrorism AND OTHER NATURAL AND MAN-MADE DISASTERS;
  (p)  to  serve  as  a  clearinghouse for the benefit of municipalities
regarding information relating to available federal, state and  regional
grant  programs in connection with homeland security, disaster prepared-
ness,  communication  infrastructure  and  emergency   first   responder
services,  and  to  promulgate rules and regulations necessary to ensure
that grant information is timely posted  on  the  [office's]  DIVISION'S
website;
  (q) request from any department, division, office, commission or other
agency  of  the state or any political subdivision thereof, and the same
are authorized to provide, such assistance, services and data as may  be
required by the [office of homeland security] DIVISION OF HOMELAND SECU-
RITY  AND  EMERGENCY SERVICES in carrying out the purposes of this arti-
cle, subject to applicable laws, rules, and regulations; [and]
  (r)  develop  standards  and  a  certification  process  for  training
programs  for training of private security officers in commercial build-
ings which shall:
  (i) improve observation, detection and reporting skills;
  (ii) improve  coordination  with  local  police,  fire  and  emergency
services;
  (iii)  provide  and  improve  skills in working with advanced security
technology including surveillance and access control procedures;
  (iv) require at least forty hours of training including three hours of
training devoted to terrorism awareness; and
  (v) have been certified as a qualified program by the [state office of
homeland  security.]  DIVISION  OF  HOMELAND  SECURITY   AND   EMERGENCY
SERVICES;
  [(r)]  (S)  work  in  consultation with or make recommendations to the
commissioner of agriculture and markets in developing  rules  and  regu-
lations relating to ammonium nitrate security[.]; AND
  (T) DEVELOP, MAINTAIN, AND DEPLOY STATE, REGIONAL AND LOCAL ALL-HAZARD
INCIDENT MANAGEMENT TEAMS.
  3.  THE  DIVISION  OF  HOMELAND  SECURITY AND EMERGENCY SERVICES SHALL
CONSIST OF SEVERAL OFFICES INCLUDING, BUT NOT LIMITED TO, THE OFFICE  OF
HOMELAND  SECURITY,  WHICH SHALL HAVE THE POWERS, AND BE RESPONSIBLE FOR
CARRYING OUT THE DUTIES, INCLUDING BUT NOT LIMITED TO THOSE SET FORTH IN
THIS ARTICLE; THE OFFICE OF EMERGENCY MANAGEMENT, WHICH SHALL  HAVE  THE
POWERS,  AND  BE  RESPONSIBLE FOR CARRYING OUT THE DUTIES, INCLUDING BUT
NOT LIMITED TO THOSE SET FORTH IN ARTICLE TWO-B  OF  THIS  CHAPTER;  THE
OFFICE  OF FIRE PREVENTION AND CONTROL, WHICH SHALL HAVE THE POWERS, AND
BE RESPONSIBLE FOR CARRYING OUT THE DUTIES, INCLUDING BUT NOT LIMITED TO
THOSE SET FORTH IN ARTICLE 6-C OF THIS  CHAPTER;  THE  OFFICE  OF  CYBER
SECURITY,  WHICH  SHALL HAVE THE POWERS, AND BE RESPONSIBLE FOR CARRYING
OUT THE DUTIES, INCLUDING BUT NOT LIMITED TO THOSE SET FORTH IN  SECTION
SEVEN  HUNDRED  FIFTEEN OF THIS ARTICLE; AND THE OFFICE OF INTEROPERABLE
AND EMERGENCY COMMUNICATIONS,  WHICH  SHALL  HAVE  THE  POWERS,  AND  BE
RESPONSIBLE  FOR  CARRYING  OUT THE DUTIES, INCLUDING BUT NOT LIMITED TO
THOSE SET FORTH IN SECTION SEVEN HUNDRED SEVENTEEN OF THIS ARTICLE.
  4. AS SET FORTH IN SECTION SEVEN HUNDRED  TEN  OF  THIS  ARTICLE,  THE
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
SHALL  BE  APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE
SENATE, AND HOLD OFFICE AT THE PLEASURE OF THE GOVERNOR.  THE  DIRECTORS
OF   THE  OFFICES  OF  HOMELAND  SECURITY,  EMERGENCY  MANAGEMENT,  FIRE
PREVENTION AND CONTROL, CYBER SECURITY, AND INTEROPERABLE AND  EMERGENCY
COMMUNICATIONS,  AND  SUCH OTHER OFFICES AS MAY BE ESTABLISHED, SHALL BE

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APPOINTED BY, AND HOLD OFFICE AT THE PLEASURE OF, THE GOVERNOR AND  THEY
SHALL  REPORT  TO  THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES EXCEPT, IN CASE OF EMERGENCY, SHALL REPORT TO THE
COMMISSIONER AND TO THE DEPUTY SECRETARY FOR PUBLIC SAFETY.
  5.  THE  DIRECTORS  OF  THE  OFFICES  OF  HOMELAND SECURITY, EMERGENCY
MANAGEMENT, FIRE PREVENTION AND CONTROL, CYBER  SECURITY,  INTEROPERABLE
AND  EMERGENCY  COMMUNICATIONS,  AND SUCH OTHER OFFICES AS MAY BE ESTAB-
LISHED, SHALL, IN CONSULTATION WITH THE COMMISSIONER, HAVE THE AUTHORITY
TO PROMULGATE RULES AND REGULATIONS TO CARRY OUT  THE  DUTIES  OF  THEIR
OFFICE,  INCLUDING THE ESTABLISHMENT OF FEES NECESSARY TO COMPENSATE FOR
COSTS ASSOCIATED WITH THE DELIVERY OF TRAINING AND SERVICES.
  6. THE DIRECTORS  OF  THE  OFFICES  OF  HOMELAND  SECURITY,  EMERGENCY
MANAGEMENT,  FIRE  PREVENTION AND CONTROL, CYBER SECURITY, INTEROPERABLE
AND EMERGENCY COMMUNICATIONS, AND SUCH OTHER OFFICES AS  MAY  BE  ESTAB-
LISHED,  SHALL  HAVE  THE  AUTHORITY  TO  ENTER  INTO CONTRACTS WITH ANY
PERSON, FIRM, CORPORATION, MUNICIPALITY, OR GOVERNMENT ENTITY.
  S 16. 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:
  S  710.  [Director of the office of homeland security] COMMISSIONER OF
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES; appointment of
the [director] COMMISSIONER; powers and duties. 1. The [director of  the
office  of homeland security (director)] COMMISSIONER OF THE DIVISION OF
HOMELAND  SECURITY  AND  EMERGENCY  SERVICES  (COMMISSIONER)  shall   be
appointed  by  the  governor,  by and with the advice and consent of the
senate, and hold office at the pleasure of the governor. [The salary  of
the  director  shall  be  fixed at a level commensurate with that of the
state officers identified in paragraph (a) of subdivision one of section
one hundred sixty-nine of this chapter.]
  2. The [director] COMMISSIONER, acting by  and  through  the  [office]
DIVISION, shall have the power and duty to:
  (a)  administer  the  duties of the [office] DIVISION pursuant to this
section;
  (b) administer such other duties as may be devolved upon the  [office]
DIVISION from time to time pursuant to law;
  (c)  cooperate  with  and  assist other state and federal departments,
boards, commissions, agencies and public authorities in the  development
and  administration  of  policies  and  protocols which will enhance the
SAFETY AND security of the citizens of the state;
  (d) enter into contracts with any person, firm, corporation or govern-
mental agency, and do all things necessary to carry out  the  functions,
powers  and  duties  expressly set forth in this article, subject to any
applicable laws, rules or regulations;
  (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]  DIVISION.    One  of the [divisions] UNITS within the [office]
DIVISION shall be the office of cyber security [and critical infrastruc-
ture coordination] which shall be dedicated to  the  identification  and
mitigation of the state's cyber security infrastructure vulnerabilities;
[and]
  (f)  subject  to  the provisions of this article and the civil service
law, and the rules and regulations adopted pursuant thereto, the [direc-
tor] COMMISSIONER may appoint  other  officers,  employees,  agents  and
consultants  as  may  be  necessary,  prescribe  their duties, fix their
compensation, and provide for payment of their reasonable expenses,  all
within  amounts  available  therefor  by  appropriation.  The [director]
COMMISSIONER may transfer officers or employees from their positions  to

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other  positions in the [office] COMMISSIONER, or abolish or consolidate
such positions[.];
  (G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ACCEPT
AND  CONTRACT AS AGENT OF THE STATE FOR ANY GIFT TO SUPPORT THE DEVELOP-
MENT AND TRAINING MISSIONS OF THE  DIVISION  OF  HOMELAND  SECURITY  AND
EMERGENCY SERVICES.
  S 17. Section 713 of the executive law, as added by chapter 403 of the
laws  of  2003,  paragraphs  (a)  and (b) of subdivision 2 as amended by
chapter 426 of the laws of 2004,  and  such  section  as  renumbered  by
section 2 of part B of chapter 1 of the laws of 2004, is amended to read
as follows:
  S 713. Protection of critical infrastructure including energy generat-
ing  and transmission facilities. 1. Notwithstanding any other provision
of law, the [director of public security] COMMISSIONER OF  THE  DIVISION
OF  HOMELAND  SECURITY AND EMERGENCY SERVICES shall conduct a review and
analysis of measures being taken by the public  service  commission  and
any  other agency or authority of the state or any political subdivision
thereof and, to the  extent  practicable,  of  any  federal  entity,  to
protect the security of critical infrastructure related to energy gener-
ation and transmission located within the state. The [director of public
security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY  SERVICES  shall  have  the authority to review any audits or reports
related to the  security  of  such  critical  infrastructure,  including
audits or reports conducted at the request of the public service commis-
sion  or  any  other  agency  or authority of the state or any political
subdivision thereof or, to the extent practicable, of any federal  enti-
ty.  The  owners and operators of such energy generating or transmission
facilities shall, in compliance with any federal and state  requirements
regarding  the  dissemination of such information, provide access to the
[director of public security] COMMISSIONER OF THE DIVISION  OF  HOMELAND
SECURITY AND EMERGENCY SERVICES to such audits or reports regarding such
critical  infrastructure  provided,  however, that exclusive custody and
control of such audits and reports shall remain solely with  the  owners
and  operators of such energy generating or transmission facilities. For
the purposes of this article, the term "critical infrastructure" has the
meaning ascribed to that term in subdivision five of section  eighty-six
of the public officers law.
  2.  (a) On or before December thirty-first, two thousand four, and not
later than three years after such date, and every five years thereafter,
the [director of public security] COMMISSIONER OF THE DIVISION OF  HOME-
LAND  SECURITY  AND EMERGENCY SERVICES shall report to the governor, the
temporary president of the senate, the  speaker  of  the  assembly,  the
chairperson  of the public service commission and the chief executive of
any such affected generating or  transmission  company  or  his  or  her
designee.  Such  report  shall  review the security measures being taken
regarding critical infrastructure related to energy generating and tran-
smission facilities,  assess  the  effectiveness  thereof,  and  include
recommendations  to  the legislature or the public service commission if
the [director of public security] COMMISSIONER OF THE DIVISION OF  HOME-
LAND SECURITY AND EMERGENCY SERVICES determines that additional measures
are  required  to  be implemented, considering, among other factors, the
unique characteristics of each energy generating or transmission facili-
ty. [On or before April thirtieth, two thousand four,  the  director  of
public  security  shall  make  a preliminary report to the governor, the
temporary president of the senate, the  speaker  of  the  assembly,  the
chairman  of  the  public service commission, and the chief executive of

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any such affected generating or  transmission  company  or  his  or  her
designee.]
  (b)  Before  the receipt of such report identified in paragraph (a) of
this subdivision, each recipient of such report shall develop  confiden-
tiality  protocols, which shall be binding upon the recipient who issues
the protocols and anyone to whom the  recipient  shows  a  copy  of  the
report,  in  consultation with the [director of public security] COMMIS-
SIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY  SERVICES  for
the maintenance and use of such report so as to ensure the confidential-
ity  of  the  report  and  all  information contained therein, provided,
however, that such [protocols shall not be binding upon a person who  is
provided  access  to  such  report  or any information contained therein
pursuant to section eighty-nine of the public officers law after a final
determination that access to such report or  any  information  contained
therein  could  not  be  denied  pursuant  to subdivision two of section
eighty-seven] REPORT AND ANY INFORMATION CONTAINED OR USED IN ITS PREPA-
RATION SHALL BE EXEMPT AND NOT MADE AVAILABLE PURSUANT TO ARTICLE SIX of
the public officers law.  The [director of public security] COMMISSIONER
OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES  shall  also
develop  protocols  for his or her office related to the maintenance and
use of such report so as to ensure the confidentiality of the report and
all information contained therein. On  each  report,  the  [director  of
public  security]  COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES shall prominently display  the  following  statement:
"this  report  may  contain information that if disclosed could endanger
the life or safety of the public, and  therefore,  pursuant  to  section
seven  hundred  [ten]  ELEVEN of the executive law, this report is to be
maintained and used in a manner consistent with protocols established to
preserve the confidentiality of the information contained  herein  in  a
manner consistent with law".
  (c)  Except  in  the  case  of  federally licensed electric generating
facilities, the public service commission shall have the  discretion  to
require  that  the  recommendations of the [director of public security]
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
be implemented by any owner or operator of an energy generating or tran-
smission facility. Recommendations regarding federally licensed electric
generating facilities shall  instead  only  be  made  available  by  the
[director  of  public security] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES to the  appropriate  federal  agency  in
compliance with any federal and state requirements regarding the dissem-
ination of such information.
  3.  Any reports prepared pursuant to this article shall not be subject
to disclosure pursuant to [section] SECTIONS  EIGHTY-SEVEN  AND  eighty-
eight of the public officers law.
  S  18. Section 714 of the executive law, as added by section 1 of part
C of chapter 1 of the laws of 2004, is amended to read as follows:
  S 714. Protection of critical infrastructure; storage  facilities  for
hazardous  substances. 1. Notwithstanding any other provision of law and
subject to the availability of an appropriation, the  [director  of  the
office  of  homeland  security] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES shall conduct a review and  analysis  of
measures  being  taken by the owners and operators of facilities identi-
fied pursuant to paragraph (b) of subdivision two  of  this  section  to
protect  the security of critical infrastructure related to such facili-
ties. The [director of the office of homeland security] COMMISSIONER  OF
THE  DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall have the

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authority to review all audits or reports related  to  the  security  of
such  critical  infrastructure,  including  all  such  audits or reports
mandated by  state  and  federal  law  or  regulation,  including  spill
prevention  reports  and  risk  management  plans,  audits  and  reports
conducted at the request of the department of environmental conservation
or at the request of any federal entity, or any other agency or authori-
ty of the state  or  any  political  subdivision  thereof,  and  reports
prepared  by owners and operators of such facilities as required in this
subdivision. The owners and  operators  of  such  facilities  shall,  in
compliance with any federal and state requirements regarding the dissem-
ination  of  such  information,  provide  access to the [director of the
office of homeland security] COMMISSIONER OF THE  DIVISION  OF  HOMELAND
SECURITY  AND  EMERGENCY  SERVICES  to such audits and reports regarding
such critical infrastructure provided, however,  exclusive  custody  and
control  of  such audits and reports shall remain solely with the owners
and operators of such facilities to the extent not inconsistent with any
other law. For the purposes of this section, the term "critical  infras-
tructure"  has  the meaning ascribed to that term in subdivision five of
section eighty-six of the public officers law.
  2. To effectuate his or her duties pursuant to this section and  iden-
tify  risks to the public, the [director of the office of homeland secu-
rity] COMMISSIONER OF THE DIVISION OF HOMELAND  SECURITY  AND  EMERGENCY
SERVICES shall:
  (a)  within  six  months  of  the  effective  date of this section, in
consultation with the commissioner of  environmental  conservation,  the
commissioner  of health, and such representatives of the chemical indus-
try and higher education as may be  appropriate,  prepare  a  list  that
identifies  toxic  or hazardous substances, including but not limited to
those substances listed as hazardous to public  health,  safety  or  the
environment  in regulations promulgated pursuant to article thirty-seven
of the environmental conservation law, as well as those  substances  for
which the state possesses insufficient or limited toxicological informa-
tion  but for which there exists preliminary evidence that the substance
or the class of chemicals with similar physical and chemical  properties
to which it belongs has the potential to cause death, injury, or serious
adverse effects to human health or the environment, based on the severi-
ty of the threat posed to the public by the unauthorized release of such
substances.  Such list will be promulgated in accord with the provisions
of the state administrative procedure act;
  (b) upon completion of the list required pursuant to paragraph (a)  of
this  subdivision,  but no later than one hundred twenty days after such
date, in consultation with the commissioner of  environmental  conserva-
tion,  the commissioner of health and such representatives of the chemi-
cal industry and any state, local and  municipal  officials  as  may  be
appropriate,  identify facilities, including facilities regulated pursu-
ant to title nine and title eleven of article twenty-seven  and  article
forty  of  the  environmental conservation law, but excluding facilities
that hold liquified petroleum gas for fuel at retail sale  as  described
in  section  112(1)(4)(B)  of  the  Clean  Air  Act (42 U.S.C.   section
7412(r)(4)(b)) and those facilities that are defined as  "water  suppli-
ers"  in  subdivision  one  of section eleven hundred twenty-five of the
public health law, which because of their storage of or relationship  to
such substances identified pursuant to paragraph (a) of this subdivision
pose  risks to the public should an unauthorized release of such hazard-
ous substances occur; and

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  (c) require such facilities identified pursuant to  paragraph  (b)  of
this  subdivision,  as  the  [director]  COMMISSIONER  so determines, to
prepare a vulnerability assessment of the  security  measures  taken  by
such  facilities  to  prevent and respond to the unauthorized release of
hazardous  substances  as  may  be stored therein, which assessments the
[director of the office of homeland security] COMMISSIONER OF THE  DIVI-
SION  OF  HOMELAND  SECURITY  AND  EMERGENCY  SERVICES  shall review and
consider in light of the seriousness of the risk posed and vulnerability
of such facility  and,  where  appropriate,  make  recommendations  with
respect thereto.
  3.  (a)  On  or before June first, two thousand five, the [director of
homeland security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES shall make a preliminary report to the governor,  the
temporary  president  of  the  senate,  the speaker of the assembly, the
commissioner of environmental conservation, the commissioner  of  health
and  the chief executive officer of any such affected facility or his or
her designee, and on or before December thirty-first, two thousand five,
and not later than three years after such date,  and  every  five  years
thereafter,  the  [director  of the office of homeland security] COMMIS-
SIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall
report to the governor, the  temporary  president  of  the  senate,  the
speaker of the assembly, the commissioner of environmental conservation,
the  commissioner  of health and the chief executive officer of any such
affected facility or his or her designee. Such report shall  review  the
security  measures being taken regarding critical infrastructure related
to such facilities, assess the effectiveness thereof, and include recom-
mendations to the legislature, the department of environmental conserva-
tion or the department of health if the [director of the office of home-
land security] COMMISSIONER OF THE DIVISION  OF  HOMELAND  SECURITY  AND
EMERGENCY  SERVICES  determines that additional measures are required to
be implemented.
  (b) Before the receipt of such report identified in paragraph  (a)  of
this  subdivision, each recipient of such report shall develop confiden-
tiality protocols which shall be binding upon the recipient  who  issues
the  protocols  and  anyone  to  whom  the recipient shows a copy of the
report in consultation with the [director  of  the  office  of  homeland
security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY  SERVICES, for the maintenance and use of such report so as to ensure
the confidentiality of the report and all information contained therein,
provided, however, that such protocols  shall  not  be  binding  upon  a
person  who  is  provided  access  to  such  report  or  any information
contained therein pursuant to section eighty-nine of the public officers
law after a final determination that access to such report or any infor-
mation contained therein could not be denied pursuant to subdivision two
of section eighty-seven of the public officers law. The [director of the
office of homeland security] COMMISSIONER OF THE  DIVISION  OF  HOMELAND
SECURITY  AND  EMERGENCY  SERVICES shall also develop protocols for such
[office] DIVISION related to the maintenance and use of such  report  so
as  to ensure the confidentiality of all sensitive information contained
in such report. On each report, the [director of the office of  homeland
security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY  SERVICES  shall  prominently  display the following statement: "This
report may contain information that if disclosed could endanger the life
or safety of the  public,  and  therefore,  pursuant  to  section  seven
hundred  eleven of the executive law[, as added by a chapter of the laws
of two thousand four], this report is to be maintained  and  used  in  a

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manner  consistent  with protocols established to preserve the confiden-
tiality of the information contained herein in a manner consistent  with
law."
  (c)  The  department  of  environmental  conservation  shall  have the
discretion to require that  recommendations  of  the  [director  of  the
office  of  homeland  security] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES be implemented by any owner or  operator
of a hazardous substances storage facility as defined in this section.
  S 19. Section 715 of the executive law, as added by chapter 604 of the
laws of 2007, is amended to read as follows:
  S  715. [Records and data] OFFICE OF CYBER SECURITY. 1.  THE OFFICE OF
CYBER SECURITY SHALL BE DEDICATED TO THE PROTECTION OF THE STATE'S CYBER
SECURITY INFRASTRUCTURE, INCLUDING, BUT NOT LIMITED TO, THE  IDENTIFICA-
TION  AND  MITIGATION  OF  VULNERABILITIES,  DETERRING AND RESPONDING TO
CYBER EVENTS, AND PROMOTING CYBER SECURITY AWARENESS WITHIN  THE  STATE.
THE  OFFICE SHALL ALSO BE RESPONSIBLE FOR STATEWIDE POLICIES, STANDARDS,
PROGRAMS, AND SERVICES RELATING TO CYBER SECURITY AND GEOGRAPHIC  INFOR-
MATION  SYSTEMS,  INCLUDING THE STATEWIDE COORDINATION OF GEOGRAPHICALLY
REFERENCED CRITICAL INFRASTRUCTURE  INFORMATION.  THE  DIRECTOR  OF  THE
OFFICE SHALL BE THE CHIEF CYBER SECURITY OFFICER OF NEW YORK STATE.
  2. THE DIRECTOR 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 SUCH ASSISTANCE, INFORMATION
AND DATA AS WILL ENABLE THE OFFICE PROPERLY TO CARRY OUT ITS  FUNCTIONS,
POWERS AND DUTIES.
  3.  The director of the office [of cyber security and critical infras-
tructure coordination] is authorized to maintain, in electronic or paper
formats, maps, geographic images, geographic data and metadata.
  [2.] 4. The director of the office [of  cyber  security  and  critical
infrastructure  coordination]  is authorized to promulgate any rules and
regulations necessary to implement the provisions of this section.
  S 20. Section 715 of the executive law, as added by chapter 630 of the
laws of 2007, is amended to read as follows:
  S  [715.]  716.  Protection  of  critical  infrastructure;  commercial
aviation,  petroleum  and  natural  gas fuel transmission facilities and
pipelines. 1.  Notwithstanding any other provision of law, the [director
of the office of homeland security]  COMMISSIONER  OF  THE  DIVISION  OF
HOMELAND  SECURITY  AND  EMERGENCY  SERVICES  shall conduct a review and
analysis of measures being taken by any other agency or authority of the
state or any political subdivision thereof and, to the extent  practica-
ble,  of any federal entity, to protect the security of critical infras-
tructure related to commercial aviation fuel, petroleum and natural  gas
transmission  facilities  and  pipelines  in  this  state  which are not
located upon the premises of a commercial airport. As deemed appropriate
by such [director] COMMISSIONER, the [office of homeland security] DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall have the authori-
ty to physically inspect the premises and review any audits  or  reports
related  to  the  security  of  such  critical infrastructure, including
audits or reports conducted at  the  request  of  any  other  agency  or
authority  of  the state or any political subdivision thereof or, to the
extent practicable, of any federal entity. The operators of such commer-
cial aviation fuel, petroleum or natural gas transmission facilities and
pipelines shall, in compliance with any federal and  state  requirements
regarding  the  dissemination of such information, provide access to the
[director of the office of homeland security] COMMISSIONER OF THE  DIVI-
SION  OF  HOMELAND  SECURITY  AND  EMERGENCY  SERVICES to such audits or

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reports regarding such critical infrastructure provided,  however,  that
exclusive  custody  and  control of such audits and reports shall remain
solely with the operators of such commercial aviation fuel, petroleum or
natural  gas  transmission facilities and pipelines. For the purposes of
this  article,  the  term  "critical  infrastructure"  has  the  meaning
ascribed  to  that term in subdivision five of section eighty-six of the
public officers law.
  2. (a) On or before December thirty-first, two  thousand  [eight,  and
not later than three years after such date] ELEVEN, and every five years
thereafter,  the  [director  of the office of homeland security] COMMIS-
SIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall
report to the governor, the  temporary  president  of  the  senate,  the
speaker of the assembly, the public service commission, and the operator
of  any such affected commercial aviation fuel, petroleum or natural gas
transmission facility or pipeline. Such report shall review the security
measures  being  taken  regarding  critical  infrastructure  related  to
commercial  aviation fuel, petroleum or natural gas transmission facili-
ties and pipelines, assess the effectiveness thereof, and include recom-
mendations to the legislature, the public  service  commission,  or  the
operator  of a commercial aviation fuel, petroleum or natural gas trans-
mission facility or pipeline, or any appropriate state or federal  regu-
lating entity or agency if the [director of the office of homeland secu-
rity]  COMMISSIONER  OF  THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES determines that additional measures are required to  be  imple-
mented,  considering  among other factors, the unique characteristics of
each commercial aviation fuel, petroleum  or  natural  gas  transmission
facility or pipeline. [On or before April thirtieth, two thousand eight,
the director of the office of homeland security shall make a preliminary
report  to  the  governor,  the  temporary  president of the senate, the
speaker of the assembly, the public service commission, and the operator
of any such affected commercial aviation fuel, petroleum or natural  gas
transmission facility or pipeline.]
  (b)  Before  the receipt of such report identified in paragraph (a) of
this subdivision, each recipient of such report shall develop  confiden-
tiality  protocols, which shall be binding upon the recipient who issues
the protocols and anyone to whom the  recipient  shows  a  copy  of  the
report,  in  consultation  with  the [director of the office of homeland
security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY SERVICES for the maintenance and use of such report so as  to  ensure
the confidentiality of the report and all information contained therein,
provided,  however,  that  such  report and any information contained or
used in its preparation shall be exempt and not made available  pursuant
to  article  six of the public officers law. The [director of the office
of homeland security] COMMISSIONER OF THE DIVISION OF HOMELAND  SECURITY
AND  EMERGENCY  SERVICES  shall  also  develop  protocols for his or her
office related to the maintenance and use of such report so as to ensure
the confidentiality of the report and all information contained therein.
On each report, the  [director  of  the  office  of  homeland  security]
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
shall  prominently  display  the  following  statement: "this report may
contain information that if disclosed could endanger the life or  safety
of  the  public,  and therefore, pursuant to section seven hundred [ten]
ELEVEN of the executive law, this report is to be maintained and used in
a manner consistent with protocols established to preserve the confiden-
tiality of the information contained herein in a manner consistent  with
law".

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  (c)  The  public  service  commission  shall  have  the  discretion to
require, through regulation or otherwise, that  the  recommendations  of
the  [director  of  the office of homeland security] COMMISSIONER OF THE
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES be  implemented  at
an  affected  commercial  aviation fuel, petroleum or natural gas trans-
mission facility or pipeline.
  (d) The [office of homeland security] DIVISION  OF  HOMELAND  SECURITY
AND  EMERGENCY  SERVICES  shall receive necessary appropriations for the
performance of its duties pursuant to this section.
  S 21. Paragraph (a) of subdivision 1 of section 169 of  the  executive
law,  as  amended  by  section  1 of part F of chapter 56 of the laws of
2005, is amended to read as follows:
  (a) commissioner of correctional services, commissioner of  education,
commissioner  of  health, commissioner of mental health, commissioner of
mental retardation and developmental disabilities, commissioner of chil-
dren and family  services,  commissioner  of  temporary  and  disability
assistance, chancellor of the state university of New York, commissioner
of  transportation,  commissioner  of environmental conservation, super-
intendent of state police, [and] commissioner of  general  services  AND
COMMISSIONER   OF  THE  DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY
SERVICES;
  S 21-a. The executive law is amended by adding a new  section  717  to
read as follows:
  S  717.   OFFICE OF INTEROPERABLE AND EMERGENCY COMMUNICATIONS. 1. THE
OFFICE OF INTEROPERABLE AND EMERGENCY COMMUNICATIONS SHALL BE  DEDICATED
TO  THE DEVELOPMENT, COORDINATION AND IMPLEMENTATION OF POLICIES, PLANS,
STANDARDS, PROGRAMS AND SERVICES RELATED TO INTEROPERABLE AND  EMERGENCY
COMMUNICATIONS.  THE OFFICE SHALL COORDINATE WITH FEDERAL, STATE, LOCAL,
TRIBAL, NON-GOVERNMENTAL AND OTHER APPROPRIATE ENTITIES.
  2. THE OFFICE SHALL BE RESPONSIBLE  FOR  COORDINATING  RELEVANT  GRANT
PROGRAMS AND OTHER FUNDING SOURCES TO ENHANCE INTEROPERABLE AND EMERGEN-
CY  COMMUNICATIONS,  AS CONSISTENT WITH THE MISSION OF THE DIVISION. THE
DIRECTOR SHALL MAKE FINAL DETERMINATIONS REGARDING THE  DISTRIBUTION  OF
GRANTS, IN CONSULTATION WITH THE BOARD.
  3. THE DIRECTOR OF THIS OFFICE SHALL SERVE AS THE STATEWIDE INTEROPER-
ABLE AND EMERGENCY COMMUNICATIONS COORDINATOR.
  4.  TO  ENSURE APPROPRIATE COORDINATION AND CONSULTATION WITH RELEVANT
ENTITIES, THE DIRECTOR SHALL BE THE CHAIRPERSON OF THE STATEWIDE  INTER-
OPERABLE  AND  EMERGENCY COMMUNICATION BOARD AS DEFINED IN SECTION THREE
HUNDRED TWENTY-SEVEN OF THE COUNTY LAW, AND WHOSE DUTIES SHALL  INCLUDE,
BUT  NOT BE LIMITED TO ALL THE DUTIES REGULARLY ASSIGNED TO THE BOARD AS
DEFINED BY SECTION THREE HUNDRED TWENTY-EIGHT OF THE COUNTY LAW.
  S 22. Subdivision 2 of section 709 of the executive law is amended  by
adding a new paragraph (u) to read as follows:
  (U)  NOTWITHSTANDING  ARTICLE  SIX-C  OF  THIS  CHAPTER,  OR ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE DIVISION OF HOMELAND SECURITY  AND
EMERGENCY SERVICES SHALL ESTABLISH BEST PRACTICES REGARDING TRAINING AND
EDUCATION  FOR FIREFIGHTERS AND FIRST RESPONDERS WHICH SHALL INCLUDE BUT
NOT BE LIMITED TO: MINIMUM BASIC TRAINING  FOR  FIREFIGHTERS  AND  FIRST
RESPONDERS;  IN-SERVICE  TRAINING AND CONTINUING EDUCATION; AND SPECIAL-
IZED TRAINING AS IT MAY APPLY TO THE SPECIFIC DUTIES OF  A  CATEGORY  OF
EMERGENCY PERSONNEL.
  S 23. Section 155 of the executive law, as added by chapter 225 of the
laws of 1979, is amended to read as follows:
  S 155. Office  of  fire  prevention  and control; creation; state fire
administrator; employees. There is hereby created in the [department  of

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state] DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES an office of
fire  prevention and control. The head of such office shall be the state
fire administrator, who shall be appointed by the [secretary  of  state]
GOVERNOR  and shall hold office during the pleasure of the [secretary of
state] GOVERNOR.  He shall receive an annual salary to be fixed  by  the
[secretary  of  state] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES within the amount available by appropriation.  He
shall  also  be  entitled to receive reimbursement for expenses actually
and necessarily incurred by him in the performance of his duties  within
the  amount  available  by  appropriation. [The state fire administrator
may, from time to time, with the approval of  the  secretary  of  state,
create,  abolish, transfer and consolidate divisions, bureaus, and other
units within the office of fire prevention and control as he may  deter-
mine  necessary  for  the  efficient operation of such office. The state
fire administrator may, with the approval of  the  secretary  of  state,
appoint  such deputies, directors and others within the office as he may
deem necessary to the proper implementation of this  article,  prescribe
their  duties,  fix  their compensation and provide for reimbursement of
their actual and necessary expenses  within  the  amounts  available  by
appropriation.]
  S 24. Section 156-c of the executive law is REPEALED.
  S  25.  Section  156-f of the executive law, as added by chapter 21 of
the laws of 2006, is amended to read as follows:
  S 156-f. Evacuation drills. Except as may  be  otherwise  provided  in
rules  and regulations promulgated by the [department of state] DIVISION
OF HOMELAND SECURITY AND EMERGENCY SERVICES pursuant to article eighteen
of this chapter, in any building owned or leased in whole by  the  state
or  any  agency thereof, an evacuation drill shall be conducted at least
twice each year in which all of the occupants  of  the  buildings  shall
participate simultaneously and which shall conduct all such occupants to
a  place of safety. In New York city, the state fire administrator shall
make rules, regulations and special orders  necessary  and  suitable  to
each situation, as appropriate.
  S  26.  Section 156-g of the executive law, as added by chapter 303 of
the laws of 2007, is amended to read as follows:
  S 156-g. Establishment of teams for urban search and rescue, specialty
rescue and incident support. 1. Authorization to establish urban  search
and  rescue  task  force  teams,  specialty  rescue  teams, and incident
support teams. The [state fire administrator] COMMISSIONER OF THE  DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES AFTER CONSULTATION WITH
THE  STATE  FIRE  ADMINISTRATOR  shall  have the authority to establish,
organize, administer, support, train, and fund urban search  and  rescue
task  force  teams,  specialty  rescue teams, and incident support teams
created pursuant to this section.
  2. Definitions. For the purposes of this section, the following  terms
shall have the following meanings:
  (a) "urban search and rescue task force team" shall mean a specialized
team  or group of teams, formed pursuant to this section, organized with
capabilities equivalent to urban search  and  rescue  task  force  teams
established  under  the  federal emergency management agency in order to
assist in the removal of trapped victims in emergency situations includ-
ing, but not  limited  to,  collapsed  structures,  trench  excavations,
elevated locations, and other technical rescue situations.
  (b)  "specialty  rescue  team"  shall  mean a specialized team, formed
pursuant to this section, organized to provide technical rescue  assist-
ance  to  first  responders including, but not limited to, canine search

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and rescue/disaster response, cave search and  rescue,  collapse  search
and  rescue,  mine  and  tunnel search and rescue, and swift water/flood
search and rescue teams. Such teams shall be aligned with one or more of
the search and rescue categories within the federal emergency management
agency's national resource typing system.
  (c)  "incident  support  team"  shall  mean a team of trained response
personnel, formed pursuant to this section, organized to provide coordi-
nation with governmental agencies and non-governmental organizations  as
well  as  technical,  and  logistical support to urban search and rescue
task force teams and specialty rescue teams.
  3. Appointment and training of team members; equipment. (a) The [state
fire administrator] COMMISSIONER OF THE DIVISION  OF  HOMELAND  SECURITY
AND  EMERGENCY  SERVICES  is hereby authorized to appoint members to any
team created pursuant to this section. Team membership shall consist  of
local emergency response personnel, state agency personnel and specialty
personnel as required.
  (b)  The  [state  fire  administrator] COMMISSIONER OF THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES shall be responsible for train-
ing and equipping the teams established pursuant to this section and for
training such other teams located within the state for response to  man-
made  or  natural  disasters  to the extent appropriations are provided.
The [state fire administrator] COMMISSIONER OF THE DIVISION OF  HOMELAND
SECURITY  AND  EMERGENCY SERVICES shall support the capabilities of each
team established pursuant to this section with  the  necessary  training
and  equipment  to ensure mobilization and deployment for rapid response
to emergencies and disasters to the extent appropriations are provided.
  4. Accreditation of teams. The [state fire administrator] COMMISSIONER
OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES  shall  have
the authority to establish an accreditation program to review and evalu-
ate  new  and existing local and regional technical rescue capabilities,
and provide recommendations for  capability  enhancement  in  accordance
with  the  national  incident  management  system, the national response
plan, and nationally recognized standards.
  5. Defense, indemnification and insurance coverage  of  team  members.
Members  of  the teams formed pursuant to this section who are volunteer
firefighters, volunteer ambulance workers, municipal or state employees,
or employees of a non-governmental entity shall be provided coverage  by
their   respective   municipalities,  organizations,  and  entities  for
purposes of sections seventeen and eighteen of the public  officers  law
and/or  other  defense and indemnification coverage and workers' compen-
sation coverage  pursuant  to  applicable  provisions  of  the  workers'
compensation  law  or  benefits pursuant to applicable provisions of the
volunteer firefighters' [benefits] BENEFIT law or  the  volunteer  ambu-
lance workers' benefit law. Individuals appointed to an urban search and
rescue  task  force team, a specialty rescue team or an incident support
team, for which such coverage is not available, shall be  deemed  volun-
teer  state  employees  for  purposes of section seventeen of the public
officers law and section three of the workers' compensation law.
  6. Rules and regulations. The [state fire administrator]  COMMISSIONER
OF  THE  DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY SERVICES AFTER
CONSULTATION WITH THE STATE FIRE ADMINISTRATOR shall have the  authority
to  promulgate rules and regulations as deemed necessary relating to the
accreditation of urban search and rescue  task  force  teams,  specialty
rescue teams, and incident support teams and to the formation and opera-
tion of all teams established pursuant to this section.

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  7.  Funding. The [secretary of state and the state fire administrator]
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES  shall  expend  the
necessary  monies  for training, equipment, and other items necessary to
support the operations of urban search  and  rescue  task  force  teams,
specialty  rescue teams and incident support teams within appropriations
provided. The [secretary of state  and  the  state  fire  administrator]
DIVISION  OF HOMELAND SECURITY AND EMERGENCY SERVICES also may, pursuant
to applicable rules and regulations approved  by  the  director  of  the
division  of  the  budget, approve grants of funds from monies allocated
and appropriated for any or all such teams.
  S 27. Section 157 of the executive law, as added by chapter 225 of the
laws of 1979, is amended to read as follows:
  S 157. Granting authority. The [office of fire prevention and control,
by and through the state fire administrator] DIVISION OF HOMELAND  SECU-
RITY AND EMERGENCY SERVICES BY AND THROUGH THE COMMISSIONER OF THE DIVI-
SION  OF HOMELAND SECURITY AND EMERGENCY SERVICES or his duly authorized
officers and employees, shall administer, carry out and  approve  grants
of funds from moneys allocated and appropriated therefor, for authorized
arson,  fire prevention and control expenditures as defined herein, that
are conducted  by  municipal  corporations.    "Authorized  arson,  fire
prevention  and  control  expenditures"  shall  mean  those expenditures
utilized by a municipal corporation for fire or arson  prevention,  fire
or  arson  investigation and arson prosecution. No expenditure which has
not been specifically designated  by  the  local  legislative  body  for
arson,  fire  prevention  and control and approved by the office of fire
prevention and control pursuant to  rules  and  regulations  promulgated
thereby  shall  be  considered an "authorized arson, fire prevention and
control expenditure." The [office of fire prevention and control]  DIVI-
SION  OF HOMELAND SECURITY AND EMERGENCY SERVICES shall adopt, amend and
rescind such rules, regulations and guidelines as may be  necessary  for
the  performance of its functions, powers and duties under this section.
The [office of fire prevention and control] DIVISION OF HOMELAND SECURI-
TY AND EMERGENCY SERVICES shall allocate grants under this article among
the municipalities whose applications  have  been  approved  in  such  a
manner  as  will  most  nearly  provide an equitable distribution of the
grants among municipalities, taking into consideration such  factors  as
the  level of suspected arson activity, population and population densi-
ty, the need for state funding to carry  out  local  programs,  and  the
potential of the municipalities to effectively employ such grants.
  S  28.  Section 158 of the executive law is REPEALED and a new section
158 is added to read as follows:
  S 158. FIREFIGHTING TRAINING.  1. FOR THE PURPOSE OF THIS SECTION, THE
TERM FIRE FIGHTER SHALL MEAN A MEMBER OF A FIRE DEPARTMENT WHOSE  DUTIES
INCLUDE  FIRE SERVICE AS DEFINED IN PARAGRAPH D OF SUBDIVISION ELEVEN OF
SECTION THREE HUNDRED TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW.
  2. IN ADDITION TO THE FUNCTIONS, POWERS AND DUTIES OTHERWISE  PROVIDED
BY  THIS  ARTICLE, THE STATE FIRE ADMINISTRATOR MAY PROMULGATE RULES AND
REGULATIONS WITH RESPECT TO:
  (A) THE APPROVAL, OR REVOCATION THEREOF, OF FIRE TRAINING PROGRAMS FOR
FIRE FIGHTERS;
  (B) MINIMUM COURSES OF STUDY, ATTENDANCE REQUIREMENTS,  AND  EQUIPMENT
AND  FACILITIES  TO  BE REQUIRED FOR APPROVED FIRE TRAINING PROGRAMS FOR
FIRE FIGHTERS;
  (C) MINIMUM QUALIFICATIONS FOR INSTRUCTORS FOR APPROVED FIRE  TRAINING
PROGRAMS FOR FIRE FIGHTERS;

S. 6606--A                         95                         A. 9706--A

  (D)  THE  REQUIREMENTS  OF  MINIMUM BASIC TRAINING WHICH FIRE FIGHTERS
APPOINTED TO PROBATIONARY TERMS SHALL COMPLETE BEFORE BEING ELIGIBLE FOR
PERMANENT APPOINTMENT, AND THE TIME WITHIN  WHICH  SUCH  BASIC  TRAINING
MUST BE COMPLETED FOLLOWING SUCH APPOINTMENT TO A PROBATIONARY TERM;
  (E) THE REQUIREMENTS OF MINIMUM BASIC TRAINING WHICH FIRE FIGHTERS NOT
APPOINTED FOR PROBATIONARY TERMS BUT APPOINTED ON OTHER THAN A PERMANENT
BASIS SHALL COMPLETE IN ORDER TO BE ELIGIBLE FOR CONTINUED EMPLOYMENT OR
PERMANENT  APPOINTMENT,  AND  THE  TIME WITHIN WHICH SUCH BASIC TRAINING
MUST BE COMPLETED FOLLOWING SUCH APPOINTMENT ON A NON-PERMANENT BASIS;
  (F) THE REQUIREMENTS FOR  IN-SERVICE  TRAINING  PROGRAMS  DESIGNED  TO
ASSIST FIRE FIGHTERS IN MAINTAINING SKILLS AND BEING INFORMED OF TECHNO-
LOGICAL ADVANCES;
  (G)  CATEGORIES  OR  CLASSIFICATIONS  OF  ADVANCED IN-SERVICE TRAINING
PROGRAMS AND MINIMUM COURSES OF STUDY AND ATTENDANCE  REQUIREMENTS  WITH
RESPECT TO SUCH CATEGORIES OR CLASSIFICATIONS;
  (H)  EXEMPTIONS FROM PARTICULAR PROVISIONS OF THIS ARTICLE IN THE CASE
OF ANY COUNTY, CITY, TOWN, VILLAGE OR FIRE DISTRICT, IF IN  THE  OPINION
OF  THE  STATE  FIRE ADMINISTRATOR THE STANDARDS OF FIRE TRAINING ESTAB-
LISHED AND MAINTAINED BY  SUCH  COUNTY,  CITY,  TOWN,  VILLAGE  OR  FIRE
DISTRICT  ARE EQUAL TO OR HIGHER THAN THOSE ESTABLISHED PURSUANT TO THIS
ARTICLE; OR REVOCATION IN WHOLE OR IN PART OF SUCH EXEMPTION, IF IN  HIS
OR HER OPINION THE STANDARDS OF FIRE TRAINING ESTABLISHED AND MAINTAINED
BY  SUCH  COUNTY,  CITY,  TOWN,  VILLAGE OR FIRE DISTRICT ARE LOWER THAN
THOSE ESTABLISHED PURSUANT TO THIS ARTICLE; AND
  (I) EDUCATION, HEALTH AND PHYSICAL FITNESS REQUIREMENTS FOR  ELIGIBIL-
ITY  OF  PERSONS FOR PROVISIONAL OR PERMANENT APPOINTMENT IN THE COMPET-
ITIVE CLASS OF THE CIVIL SERVICE AS FIRE FIGHTERS AS IT DEEMS  NECESSARY
AND PROPER FOR THE EFFICIENT PERFORMANCE OF SUCH DUTIES;
  3.  IN  FURTHERANCE  OF HIS OR HER FUNCTIONS, POWERS AND DUTIES AS SET
FORTH IN THIS SECTION, THE STATE FIRE ADMINISTRATOR MAY:
  (A) RECOMMEND STUDIES, SURVEYS AND REPORTS TO BE  MADE  BY  THE  STATE
FIRE  ADMINISTRATOR  REGARDING  THE  CARRYING  OUT OF THE OBJECTIVES AND
PURPOSES OF THIS SECTION;
  (B) VISIT AND INSPECT ANY FIRE TRAINING PROGRAMS APPROVED BY THE STATE
FIRE ADMINISTRATOR OR FOR WHICH APPLICATION FOR SUCH APPROVAL  HAS  BEEN
MADE; AND
  (C) RECOMMEND STANDARDS FOR PROMOTION TO SUPERVISORY POSITIONS.
  4.  IN ADDITION TO THE FUNCTIONS, POWERS AND DUTIES OTHERWISE PROVIDED
BY THIS SECTION, THE STATE FIRE ADMINISTRATOR SHALL:
  (A) APPROVE FIRE TRAINING PROGRAMS FOR FIRE FIGHTERS AND ISSUE CERTIF-
ICATES OF APPROVAL TO SUCH PROGRAMS, AND REVOKE SUCH APPROVAL OR CERTIF-
ICATE;
  (B) CERTIFY, AS QUALIFIED,  INSTRUCTORS  FOR  APPROVED  FIRE  TRAINING
PROGRAMS  FOR  FIRE  FIGHTERS  AND  CODE ENFORCEMENT PERSONNEL AND ISSUE
APPROPRIATE CERTIFICATES TO SUCH INSTRUCTORS;
  (C) CERTIFY FIRE FIGHTERS  WHO  HAVE  SATISFACTORILY  COMPLETED  BASIC
TRAINING  PROGRAMS AND IN-SERVICE TRAINING PROGRAMS, AND ISSUE APPROPRI-
ATE CERTIFICATES TO SUCH FIRE FIGHTERS AND REVOKE SUCH CERTIFICATES;
  (D) CAUSE STUDIES AND SURVEYS TO BE MADE RELATING  TO  THE  ESTABLISH-
MENT, OPERATION, EFFECTIVENESS AND APPROVAL OF FIRE TRAINING PROGRAMS;
  (E) CAUSE STUDIES AND SURVEYS TO BE MADE RELATING TO THE COMPLETION OR
PARTIAL  COMPLETION  OF  TRAINING  PROGRAMS  BY VIDEO OR COMPUTER TO THE
MAXIMUM EXTENT PRACTICABLE; AND
  (F) CONSULT WITH AND COOPERATE WITH THE STATE UNIVERSITY OF  NEW  YORK
AND  PRIVATE  UNIVERSITIES, COLLEGES AND INSTITUTES IN THE STATE FOR THE

S. 6606--A                         96                         A. 9706--A

DEVELOPMENT OF SPECIALIZED COURSES OF STUDY FOR FIRE  FIGHTERS  IN  FIRE
SCIENCE AND FIRE ADMINISTRATION.
  S  28-a. The executive law is amended by adding a new section 376-a to
read as follows:
  S 376-A. CODE ENFORCEMENT TRAINING.    1.  FOR  THE  PURPOSE  OF  THIS
SECTION,  THE TERM CODE ENFORCEMENT PERSONNEL SHALL MEAN A CODE ENFORCE-
MENT OFFICIAL CHARGED WITH ENFORCEMENT OF THE  UNIFORM  FIRE  PREVENTION
AND BUILDING CODE OR THE STATE ENERGY CONSERVATION CONSTRUCTION CODE.
  2.  IN ADDITION TO THE FUNCTIONS, POWERS AND DUTIES OTHERWISE PROVIDED
BY THIS ARTICLE, THE SECRETARY OF STATE MAY PROMULGATE RULES  AND  REGU-
LATIONS WITH RESPECT TO:
  (A)  THE APPROVAL, OR REVOCATION THEREOF, OF CODE ENFORCEMENT TRAINING
PROGRAMS FOR CODE ENFORCEMENT PERSONNEL;
  (B) MINIMUM COURSES OF STUDY, ATTENDANCE REQUIREMENTS,  AND  EQUIPMENT
AND  FACILITIES  TO  BE  REQUIRED FOR APPROVED CODE ENFORCEMENT TRAINING
PROGRAMS FOR CODE ENFORCEMENT PERSONNEL;
  (C) MINIMUM QUALIFICATIONS FOR INSTRUCTORS FOR APPROVED CODE  ENFORCE-
MENT TRAINING PROGRAMS FOR CODE ENFORCEMENT PERSONNEL;
  (D)  THE REQUIREMENTS OF MINIMUM BASIC TRAINING WHICH CODE ENFORCEMENT
PERSONNEL SHALL COMPLETE IN ORDER TO BE ELIGIBLE FOR  CONTINUED  EMPLOY-
MENT  OR  PERMANENT  APPOINTMENT,  AND  THE TIME WITHIN WHICH SUCH BASIC
TRAINING MUST BE COMPLETED FOLLOWING SUCH APPOINTMENT;
  (E) THE REQUIREMENTS  FOR  IN-SERVICE  TRAINING  PROGRAMS  DEIGNED  TO
ASSIST  CODE  ENFORCEMENT  PERSONNEL  IN  MAINTAINING  SKILLS  AND BEING
INFORMED OF TECHNOLOGICAL ADVANCES;
  (F) CATEGORIES OR  CLASSIFICATIONS  OF  ADVANCED  IN-SERVICE  TRAINING
PROGRAMS  AND  MINIMUM COURSES OF STUDY AND ATTENDANCE REQUIREMENTS WITH
RESPECT TO SUCH CATEGORIES OR CLASSIFICATIONS;
  (G) EXEMPTIONS FROM PARTICULAR PROVISIONS OF THIS ARTICLE IN THE  CASE
OF ANY COUNTY, CITY, TOWN, OR VILLAGE IF IN THE OPINION OF THE SECRETARY
OF  STATE  THE  STANDARDS  OF  CODE ENFORCEMENT TRAINING ESTABLISHED AND
MAINTAINED BY SUCH COUNTY, CITY, TOWN, OR VILLAGE ARE EQUAL TO OR HIGHER
THAN THOSE ESTABLISHED PURSUANT TO THIS ARTICLE; OR REVOCATION IN  WHOLE
OR  IN PART OF SUCH EXEMPTION, IF IN HIS OR HER OPINION THE STANDARDS OF
CODE ENFORCEMENT TRAINING ESTABLISHED AND  MAINTAINED  BY  SUCH  COUNTY,
CITY, TOWN, OR VILLAGE ARE LOWER THAN THOSE ESTABLISHED PURSUANT TO THIS
ARTICLE;
  3.  IN  FURTHERANCE  OF HIS OR HER FUNCTIONS, POWERS AND DUTIES AS SET
FORTH IN THIS SECTION, THE SECRETARY OF STATE MAY:
  (A) RECOMMEND STUDIES, SURVEYS AND REPORTS TO BE MADE BY  THE  DEPART-
MENT  OF STATE REGARDING THE CARRYING OUT OF THE OBJECTIVES AND PURPOSES
OF THIS SECTION;
  (B) VISIT AND INSPECT ANY CODE ENFORCEMENT TRAINING PROGRAMS  APPROVED
BY THE SECRETARY OF STATE OR FOR WHICH APPLICATION FOR SUCH APPROVAL HAS
BEEN MADE; AND
  (C) RECOMMEND STANDARDS FOR PROMOTION TO SUPERVISORY POSITIONS.
  4.  IN ADDITION TO THE FUNCTIONS, POWERS AND DUTIES OTHERWISE PROVIDED
BY THIS SECTION, THE SECRETARY OF STATE SHALL:
  (A) APPROVE CODE ENFORCEMENT TRAINING PROGRAMS  FOR  CODE  ENFORCEMENT
PERSONNEL  AND  ISSUE  CERTIFICATES  OF  APPROVAL  TO SUCH PROGRAMS, AND
REVOKE SUCH APPROVAL OR CERTIFICATE;
  (B) CERTIFY, AS QUALIFIED, INSTRUCTORS FOR APPROVED  CODE  ENFORCEMENT
TRAINING  PROGRAMS  FOR CODE ENFORCEMENT PERSONNEL AND ISSUE APPROPRIATE
CERTIFICATES TO SUCH INSTRUCTORS;
  (C)  CERTIFY  CODE  ENFORCEMENT  PERSONNEL  WHO  HAVE   SATISFACTORILY
COMPLETED  BASIS TRAINING PROGRAMS AND IN-SERVICE TRAINING PROGRAMS, AND

S. 6606--A                         97                         A. 9706--A

ISSUE APPROPRIATE CERTIFICATES TO SUCH CODE ENFORCEMENT  PERSONNEL,  AND
REVOKE SUCH CERTIFICATE;
  (D)  CAUSE  STUDIES  AND SURVEYS TO BE MADE RELATING TO THE ESTABLISH-
MENT, OPERATION, EFFECTIVENESS AND APPROVAL OF CODE ENFORCEMENT TRAINING
PROGRAMS;
  (E) CAUSE STUDIES AND SURVEYS TO BE MADE RELATING TO THE COMPLETION OR
PARTIAL COMPLETION OF TRAINING PROGRAMS BY  VIDEO  OR  COMPUTER  TO  THE
MAXIMUM EXTENT PRACTICABLE;
  (F)  CONSULT  WITH AND COOPERATE WITH THE STATE UNIVERSITY OF NEW YORK
AND PRIVATE UNIVERSITIES, COLLEGES AND INSTITUTES IN THE STATE  FOR  THE
DEVELOPMENT OF SPECIALIZED COURSES OF STUDY FOR CODE ENFORCEMENT PERSON-
NEL.
  S 29. Section 159 of the executive law is REPEALED.
  S 30 Section 159-a of the executive law is REPEALED.
  S 31. Section 159-b of the executive law is REPEALED.
  S 32. Section 159-c of the executive law is REPEALED.
  S 33. Section 159-d of the executive law is REPEALED.
  S 34. Section 580 of the executive law is REPEALED.
  S  35.  Section  97-pp of the state finance law, as amended by chapter
631 of the laws of 1994, subdivisions 4, 5 and 6 as amended  by  chapter
72 of the laws of 2006, is amended to read as follows:
  S  97-pp. New York state emergency services revolving loan account. 1.
There  is  hereby  established  within  the  combined  expendable  trust
fund-020  in  the  custody  of the state comptroller a new account to be
known as the "New York state emergency services revolving loan account".
  2. The account shall  consist  of  all  moneys  appropriated  for  its
purpose, all moneys transferred to such account pursuant to law, and all
moneys  required  by  this  section  or any other law to be paid into or
credited to this account, including all moneys received by  the  account
or  donated to it, payments of principal and interest on loans made from
the account, and any interest earnings which may accrue from the invest-
ment or reinvestment of moneys from the account.
  3. Moneys of the account, when allocated, shall be  available  to  the
[secretary  of  state] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES to make loans as provided in this section. Up  to
five  percent of the moneys of the account or two hundred fifty thousand
dollars, whichever is less, may be used to pay the  expenses,  including
personal  service  and maintenance and operation, in connection with the
administration of such loans.
  4. (a) The [secretary of state] COMMISSIONER OF THE DIVISION OF  HOME-
LAND SECURITY AND EMERGENCY SERVICES, on recommendation of the [emergen-
cy  services loan board] STATE FIRE ADMINISTRATOR, may make, upon appli-
cation duly made, up to the amounts available  by  appropriation,  loans
for:
  (i)  Purchasing  fire  fighting  apparatus. A loan for purchasing fire
fighting apparatus shall not exceed the lesser of  two  hundred  twenty-
five  thousand  dollars  or seventy-five percent of the cost of the fire
fighting apparatus; provided, however, that loans issued in response  to
a joint application shall not exceed the lesser of four hundred thousand
dollars or seventy-five percent of the cost of the fire fighting appara-
tus.
  (ii)  Purchasing  ambulances or rescue vehicles. A loan for purchasing
an ambulance or a rescue vehicle shall not  exceed  the  lesser  of  one
hundred  fifty  thousand  dollars or seventy-five percent of the cost of
the ambulance or rescue vehicle; provided, however, that loans issued in
response to a joint application shall  not  exceed  the  lesser  of  two

S. 6606--A                         98                         A. 9706--A

hundred  sixty-five thousand dollars or seventy-five percent of the cost
of the ambulance or rescue vehicle.
  (iii)  Purchasing  protective  equipment or communication equipment. A
loan for purchasing protective equipment or communication  equipment  or
both shall not exceed one hundred thousand dollars. Communication equip-
ment  purchased with such loan shall, to the maximum extent practicable,
be compatible with the communication equipment of adjacent services  and
jurisdictions;  provided,  however,  that  loans issued in response to a
joint application shall  not  exceed  one  hundred  sixty-five  thousand
dollars.
  (iv)  Repairing or rehabilitating fire fighting apparatus, ambulances,
or rescue vehicles. A loan for repairing or rehabilitating fire fighting
apparatus, ambulances, or rescue vehicles shall not exceed the lesser of
seventy-five thousand dollars or one hundred percent of the cost of  the
repair  or  rehabilitation;  provided,  however,  that  loans  issued in
response to a joint application shall  not  exceed  the  lesser  of  one
hundred  thirty-five thousand dollars or one hundred percent of the cost
of the repair or rehabilitation.
  (v) Purchasing accessory equipment. A loan  for  purchasing  accessory
equipment  shall  not  exceed  seventy-five  thousand dollars; provided,
however, that loans issued in response to a joint application shall  not
exceed one hundred thirty-five thousand dollars.
  (vi)  Renovating,  rehabilitating  or  repairing facilities that house
firefighting equipment, ambulances, rescue vehicles and  related  equip-
ment. A loan for this purpose shall not exceed the lesser of one hundred
fifty  thousand  dollars  or  seventy-five  percent  of  the cost of the
project; provided, however, that loans issued in  response  to  a  joint
application  shall not exceed the lesser of two hundred sixty-five thou-
sand dollars or seventy-five percent of the cost of the project.
  (vii) Construction costs associated with the establishment of  facili-
ties  that house firefighting equipment, ambulances, rescue vehicles and
related equipment. A loan for this purpose shall not exceed  the  lesser
of three hundred thousand dollars or seventy-five percent of the cost of
the  construction,  or be used for the payment of fees for design, plan-
ning, preparation of applications or other costs not directly  attribut-
able to land acquisitions or construction; provided, however, that loans
issued in response to a joint application shall not exceed the lesser of
five hundred twenty-five thousand dollars or seventy-five percent of the
cost of the construction, or be used for the payment of fees for design,
planning,  preparation  of  applications  or  other  costs  not directly
attributable to land acquisitions or construction.
  (viii) Construction costs associated with the establishment of facili-
ties for the purpose of live fire training.  A  loan  for  this  purpose
shall  not  be granted if another live fire training facility is located
within the boundaries of the county or within twenty-five miles.  A loan
for this purpose shall not exceed the lesser of one hundred fifty  thou-
sand  dollars  or  seventy-five  percent  of  the  cost of construction,
provided, however, joint applications shall not exceed the lesser of two
hundred sixty-five thousand dollars or seventy-five percent of the  cost
of construction or be used for the payment of fees for design, planning,
preparation  of applications or other costs not directly attributable to
land acquisitions or construction.
  (b) No loan authorized by this section shall  have  an  interest  rate
exceeding  two  and  one-half percent. No applicant shall receive a loan
for any purpose under paragraph (a) of this subdivision more  than  once
in  any  five-year  period; provided, however, that joint applicants may

S. 6606--A                         99                         A. 9706--A

receive up to two loans in any five year period. The minimum  amount  of
any  loan  shall  be five thousand dollars. The period of any loan shall
not exceed the period of  probable  usefulness,  prescribed  by  section
11.00  of  the  local  finance  law,  for  the emergency equipment to be
purchased with the proceeds of the  loan  or,  if  no  period  be  there
prescribed,  five  years. The total amount of any interest earned by the
investment or reinvestment of all or part of the principal of  any  loan
made  under  this  section shall be returned to the [secretary of state]
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
for deposit in the account and shall not be credited as payment of prin-
cipal or interest on the loan. The [secretary of state] COMMISSIONER  OF
THE  DIVISION  OF  HOMELAND  SECURITY AND EMERGENCY SERVICES may require
security for any loan and may specify the priority of liens against  any
emergency  equipment  wholly  or  partially purchased with moneys loaned
under this section. The [secretary of state] COMMISSIONER OF  THE  DIVI-
SION  OF  HOMELAND  SECURITY AND EMERGENCY SERVICES may make loans under
this section subject to such other terms and conditions the  [secretary]
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
deems proper.
  (c)  The [secretary of state] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES shall have the power to make such  rules
and  regulations  as  may  be  necessary  and  proper  to effectuate the
purposes of this section.
  (d) The [secretary of state] COMMISSIONER OF THE DIVISION OF  HOMELAND
SECURITY AND EMERGENCY SERVICES shall annually report by March fifteenth
to the governor and the legislature describing the activities and opera-
tion  of  the loan program authorized by this section. Such report shall
set forth the number of loan applications  received  and  approved;  the
number  of  joint applications received and approved; the names of coun-
ties, cities, towns, villages and fire districts receiving loans togeth-
er with the amount and purpose of the loan, the interest  rate  charged,
and  the  outstanding balance; and the balance remaining in the New York
state emergency services revolving loan account, along with fund  reven-
ues  and expenditures for the previous fiscal year, and projected reven-
ues and expenditures for the current and following fiscal years.
  5. (a) Application for loans may be made by  a  town,  village,  city,
fire  district,  fire  protection  district, independent, not-for-profit
fire and ambulance corporation or county, other  than  a  county  wholly
contained  within  a  city,  provided  that the application is otherwise
consistent with its respective powers. Applications may also be  submit-
ted  jointly  by  multiple  applicants  provided that the application is
otherwise consistent with each applicant's respective powers.
  (b) Every application shall be in a form acceptable to the  [secretary
of state] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY  SERVICES.  Every application shall accurately reflect the conditions
which give rise to the proposed expenditure and accurately  reflect  the
ability  of  the  applicant  to  make  such  an  expenditure without the
proceeds of a loan under this section.
  (c) (i) The [emergency services loan board] COMMISSIONER OF THE  DIVI-
SION  OF  HOMELAND SECURITY AND EMERGENCY SERVICES shall give preference
to those applications which demonstrate the greatest need, joint  appli-
cations, and to those applications the proceeds of which will be applied
toward  attaining  compliance with federal and state laws and may disap-
prove any application which contains no adequate demonstration  of  need
or which would result in inequitable or inefficient use of the moneys in
the account.

S. 6606--A                         100                        A. 9706--A

  (ii)  In  making  determinations  on loan applications, the [emergency
services loan board] COMMISSIONER OF THE DIVISION OF  HOMELAND  SECURITY
AND  EMERGENCY SERVICES shall assure that loan fund moneys are equitably
distributed among all sectors of the emergency  services  community  and
all  geographical  areas of the state. Loans for the purpose of personal
protective firefighting equipment shall be given preference for a period
of two years from the date the first loan is made. Not less  than  fifty
percent  of  the  loans  annually made shall be made to applicants whose
fire protection or ambulance service is provided by a fire department or
ambulance service whose membership is comprised  exclusively  of  volun-
teers and whose budget for the fiscal year immediately preceding did not
exceed one hundred thousand dollars.
  (d)  [An  application  or  joint  application shall be referred by the
secretary of state to the emergency services loan board. The board shall
consist of the following thirteen members: the  secretary  of  state  as
chair,  or  the secretary's designee, the state fire administrator, five
members appointed by the governor, two members appointed by  the  tempo-
rary  president  of  the senate, two members appointed by the speaker of
the assembly, one member appointed by the minority leader of the senate,
and one member appointed by the minority leader of the assembly.    Each
member  of the board shall serve at the pleasure of the appointing offi-
cial. Members of the board shall serve without salary or per diem allow-
ance, but shall be entitled to reimbursement for  actual  and  necessary
expenses  incurred  in  the  performance  of  official duties under this
section, provided, however, that such members are not, at the time  such
expenses  are  incurred,  public  employees  otherwise  entitled to such
reimbursement.  Notwithstanding  any  inconsistent  provisions  of  law,
general, special or local, no officer or employee of the state, or poli-
tical  subdivision  of  the state, any governmental entity operating any
public school or college or other public agency  or  instrumentality  or
unit of government which exercises governmental powers under the laws of
the state, shall forfeit office or employment by reason of acceptance or
appointment  as  a member, representative, officer, employee or agent of
the board nor shall service as  such  member,  representative,  officer,
employee  or  agent  of  the board be deemed incompatible or in conflict
with such office or employment.
  (e)] An application or joint application shall not be approved:
  (i) if the applicant or applicants are in arrears on  any  prior  loan
under this section,
  (ii)  if it shall be shown that at any time in the prior ten years the
applicant or applicants used state funds to repay all  or  part  of  any
loan made under this section.
  [(f)]  (E)  The  [emergency  services  loan board] COMMISSIONER OF THE
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall, to the maxi-
mum extent feasible, and consistent with the other  provisions  of  this
section,  seek  to provide that loans authorized by this section reflect
an appropriate geographic distribution, are  distributed  equitably  and
encourage regional cooperation.
  6.  For  purposes  of this section, the following terms shall have the
accompanying meanings:
  (a) "Fire companies" means (i) a fire company, the  members  of  which
are  firefighters,  volunteer,  paid  or  both, of a county, city, town,
village, fire district or fire department, or (ii) a  fire  corporation,
the  members of which are firefighters, volunteer, paid or both, provid-
ing fire protection pursuant to a fire protection contract within a fire
protection district of a town.

S. 6606--A                         101                        A. 9706--A

  (b) "Volunteer ambulance service" means  an  individual,  partnership,
association,  corporation, municipality or any legal or public entity or
subdivision thereof engaged in providing emergency medical services  and
the  transportation  of sick, disabled or injured persons by motor vehi-
cle,  aircraft  or  other  form  of transportation to or from facilities
providing hospital services which is (i)  operating  not  for  pecuniary
profit  or  financial  gain, and (ii) no part of the assets or income of
which is distributable to, or inures to the  benefit  of,  its  members,
directors or officers.
  (c)   "Ambulance"   means  a  motor  vehicle  designed,  appropriately
equipped, and used for carrying sick or injured persons.
  (d) "Accessory equipment" means equipment  necessary  to  support  the
ordinary  functions  of  fire  fighting,  emergency medical services, or
rescue activities other than communication equipment, protective  equip-
ment, and motor vehicles together with their fixtures and appointments.
  (e)  "Account"  means  the New York state emergency services revolving
loan account established by this section within the combined  expendable
trust fund-020.
  (f) "Communication equipment" means any voice or original transmission
system  or  telemetry  system used to enhance fire fighter safety on the
grounds of a fire or other emergency.
  (g) "Emergency equipment" means any or all  of  the  following:  ambu-
lances,  accessory  equipment,  communication  equipment,  fire fighting
apparatus, protective equipment, and rescue vehicles.
  (h) "Fire fighting apparatus" means elevated equipment, pumpers, tank-
ers, ladder trucks, hazardous materials emergency response vehicles,  or
other  such  specially equipped motor vehicles used for fire protection,
together with the fixtures and appointments necessary to  support  their
functions.
  (i)  "Joint application" means an application submitted by two or more
towns, villages, cities,  fire  districts,  fire  protection  districts,
not-for-profit fire and ambulance corporations or counties, other than a
county  wholly  contained  within  a  city, for any purposes provided in
subdivision four of this section.
  (j) "Protective equipment" means any clothing and devices that  comply
with  occupational  safety  and health administration standards (federal
occupational safety and health act regulations) used to protect  person-
nel  who  provide  emergency services from injury while performing their
functions, including, but not limited to, helmets, coats, boots,  eyesh-
ields, gloves and self contained respiratory protection devices.
  (k) "Rescue vehicle" means a motor vehicle, other than an ambulance or
fire fighting apparatus, appropriately equipped and used to support fire
department  operations  and includes a vehicle specifically for carrying
accessory equipment.
  S 36. Section 326 of the county law, as added by section 1 of  part  G
of chapter 81 of the laws of 2002, is amended to read as follows:
  S  326. New York state [911] INTEROPERABLE AND EMERGENCY COMMUNICATION
board. The "New York state [911] INTEROPERABLE  AND  EMERGENCY  COMMUNI-
CATION  board"  is  hereby  established within the [department of state]
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.   The board  shall
assist  local governments, service suppliers, wireless telephone service
suppliers and appropriate state agencies by facilitating the most  effi-
cient  and  effective routing of 911 emergency calls; developing minimum
standards for public safety answering points; promoting the exchange  of
information, including emerging technologies; and encouraging the use of

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best practice standards among the public safety answering point communi-
ty.
  S 37.  Section 328 of the county law is amended by adding a new subdi-
vision 10 to read as follows:
  10. THE NEW YORK STATE INTEROPERABLE AND EMERGENCY COMMUNICATION BOARD
SHALL  ADVISE  THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES ON  PRIORITIES  AND  APPROVAL  OF  ALL  INTEROPERABLE
EXPENDITURES  AND  REQUESTS  FOR EXPENDITURE OF GRANTS AND OTHER FUNDING
PROGRAMS RELATED TO INTEROPERABLE COMMUNICATIONS. IN CARRYING  OUT  THIS
RESPONSIBILITY, AND CONSISTENT WITH THE MISSION OF THE DIVISION OF HOME-
LAND  SECURITY  AND  EMERGENCY SERVICES, THE BOARD WILL PROVIDE GUIDANCE
RELATED TO THE DEVELOPMENT, COORDINATION AND IMPLEMENTATION OF POLICIES,
PLANS, STANDARDS, PROGRAMS AND SERVICES  RELATED  TO  INTEROPERABLE  AND
EMERGENCY COMMUNICATIONS.
  S  38.  Section 327 of the county law, as added by section 1 of part G
of chapter 81 of the laws of 2002, subdivision 5 as amended by section 2
of part Y of chapter 62 of the laws of  2003,  is  amended  to  read  as
follows:
  S  327. New York state [911] INTEROPERABLE AND EMERGENCY COMMUNICATION
board membership. 1. The board shall consist of  [thirteen]  TWENTY-FIVE
members who shall be selected as follows:
  (a)  one shall be the [secretary of state] STATEWIDE INTEROPERABLE AND
EMERGENCY COMMUNICATION COORDINATOR, or his or her designee,  who  shall
be the chairperson of the board;
  (b) one shall be the commissioner of criminal justice services, or his
or her designee;
  (c) [five] ONE SHALL BE THE SUPERINTENDENT OF THE STATE POLICE, OR HIS
OR HER DESIGNEE;
  (D)  ONE SHALL BE THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND
NAVAL AFFAIRS, OR HIS OR HER DESIGNEE;
  (E) ONE SHALL BE THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES, OR HIS OR HER DESIGNEE;
  (F) ONE SHALL BE THE COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION,
OR HIS OR HER DESIGNEE;
  (G) ONE SHALL BE THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, OR  HIS
OR HER DESIGNEE;
  (H)  ONE SHALL BE THE DIRECTOR OF THE OFFICE FOR TECHNOLOGY, OR HIS OR
HER DESIGNEE;
  (I) SEVEN shall be appointed by the governor; provided, however,  that
no more than two such appointments made pursuant to this paragraph shall
be  from the same category of members as provided for in subdivision two
of this section;
  [(d) three] (J) FIVE shall be  appointed  by  the  governor  upon  the
recommendation  of  the  temporary  president  of  the senate; provided,
however, that no more than one such appointment made  pursuant  to  this
paragraph  shall be from the same category of members as provided for in
subdivision two of this section; and
  [(e) three] (K) FIVE shall be  appointed  by  the  governor  upon  the
recommendation  of  the speaker of the assembly; provided, however, that
no more than one such appointment made pursuant to this paragraph  shall
be  from the same category of members as provided for in subdivision two
of this section.
  2. The members appointed upon  the  recommendation  of  the  temporary
president of the senate and the speaker of the assembly, and the members
appointed  by  the governor pursuant to paragraph (c) of subdivision one
of this section, shall be representative of chiefs of police,  sheriffs,

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fire  chiefs  and  departments,  ambulance  service providers, including
proprietary or volunteer ambulance services,  county  911  coordinators,
emergency  managers, local elected officials, NON-GOVERNMENTAL ORGANIZA-
TIONS SPECIALIZING IN DISASTER RELIEF, TRIBAL NATION REPRESENTATION, AND
STATEWIDE  FIRST  RESPONDER  ASSOCIATIONS,  wireless  telephone  service
suppliers, service suppliers or representatives of consumer interests.
  3. Each board member shall be appointed for  a  term  of  four  years.
Vacancies  in the board occurring otherwise than by expiration of a term
shall be filled for the  unexpired  term  in  the  same  manner  as  the
original  appointment. The board shall meet as frequently as it may deem
necessary and at least four times each year on such dates as agreed upon
by the board. The board may approve and from time to time  amend  bylaws
in  relation  to  its  meetings  and  the transaction of its business. A
majority of the members of the board then in office shall  constitute  a
quorum  for the transaction of any business or the exercise of any power
by the board.
  4. Members of the  board  shall  receive  no  compensation  for  their
services,  but  shall  be  reimbursed  for actual and necessary expenses
incurred by them in the performance of their duties. Notwithstanding any
inconsistent provisions of law, no officer or employee of the  state  or
any  political  subdivision  of  the  state shall forfeit such office or
employment by reason of acceptance or appointment as  a  member  of  the
board. For purposes of section thirteen of article thirteen of the state
constitution,  membership on the board by a sheriff shall not constitute
public office.
  5. Article two of the state administrative  procedure  act  shall  not
apply,  provided, however, that the board shall publicly post the stand-
ards proposed pursuant to section three  hundred  twenty-eight  of  this
article  no  later  than  forty-five  days prior to their adoption. Such
standards shall be posted in appropriate publications, the state  regis-
ter and on the [department of state's] DIVISION OF HOMELAND SECURITY AND
EMERGENCY  SERVICES'  website.  During  such  forty-five day period, the
board shall receive and consider public comment on the  proposed  stand-
ards  before adopting final standards. Upon final adoption, those stand-
ards adopted pursuant to section  three  hundred  twenty-eight  of  this
article  shall be posted in appropriate publications, the state register
and on the [department of state's] DIVISION  OF  HOMELAND  SECURITY  AND
EMERGENCY SERVICES' website.
  6.  The board shall be subject to articles six and seven of the public
officers law.
  S 39. Section 328-a of the county law is REPEALED.
  S 40. Section 328-b of the county law, as added by section 1 of part G
of chapter 81 of the laws of 2002, is amended to read as follows:
  S 328-b. Powers and duties of the chairperson. 1. The  chairperson  of
the board shall coordinate efforts among other executive agencies having
an  interest  in  the  duties  of the board, and shall consult with such
agencies in carrying out the duties of the board.
  2. The chairperson shall receive such assistance as required to  carry
out its duties from staff of the [department of state] DIVISION OF HOME-
LAND  SECURITY  AND  EMERGENCY SERVICES designated for such purposes, as
well as staff members recommended by other state agencies to the  chair-
person.
  3.  The  board  may request and receive from any department, division,
board, bureau, commission, or other agency of the state or any political
subdivision thereof such  assistance,  information,  and  data  as  will

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enable the board to properly carry out its functions, powers, and duties
under this article.
  S 41. Section 331 of the county law is REPEALED.
  S 42. Section 332 of the county law is REPEALED.
  S  43. Paragraph (c) of subdivision 6 of section 186-f of the tax law,
as added by section 3 of part B of chapter 56 of the laws  of  2009,  is
amended to read as follows:
  (c) [To fund costs associated with the design, construction, and oper-
ation  of  the statewide wireless network annually pursuant to appropri-
ation by the legislature] UP TO THE SUM OF SEVENTY-FIVE MILLION  DOLLARS
ANNUALLY  MAY  BE  USED FOR THE PROVISION OF GRANTS OR REIMBURSEMENTS TO
COUNTIES FOR THE DEVELOPMENT,  CONSOLIDATION,  OR  OPERATION  OF  PUBLIC
SAFETY  COMMUNICATIONS SYSTEMS OR NETWORKS DESIGNED TO SUPPORT STATEWIDE
INTEROPERABLE COMMUNICATIONS FOR FIRST  RESPONDERS,  TO  BE  DISTRIBUTED
PURSUANT  TO STANDARDS AND GUIDELINES ISSUED BY THE STATE. ANNUAL GRANTS
MAY CONSIDER COSTS BORNE BY A MUNICIPALITY RELATED TO  THE  ISSUANCE  OF
LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS PURSUANT TO SECTION TWENTY-FOUR
HUNDRED  THIRTY-TWO OF THE PUBLIC AUTHORITIES LAW, WHEN THE MUNICIPALITY
HAS QUALIFIED AS AN APPROVED PARTICIPANT IN  A  STATEWIDE  INTEROPERABLE
COMMUNICATIONS  SYSTEM  UNDER THE STANDARDS AND GUIDELINES ISSUED BY THE
STATE, AND MAINTAINS COMPLIANCE WITH SUCH STANDARDS AND GUIDELINES.  THE
GRANT  AMOUNT WILL BE PRESCRIBED PURSUANT TO AN AGREEMENT WITH THE MUNI-
CIPALITY, AND MAY NOT EXCEED THIRTY PERCENT OF THE ANNUAL COST BORNE  BY
THE MUNICIPALITY IN RELATION TO SUCH BONDS;
  S  44.  Paragraph (d) of subdivision 6 of section 186-f of the tax law
is REPEALED, paragraph (e) as added by section 3 of part B of chapter 56
of the laws of 2009 is relettered paragraph (d) and amended  and  a  new
paragraph (e) is added to read as follows:
  (d) 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[.]; AND
  (E) SERVICES AND EXPENSES THAT SUPPORT THE OPERATIONS AND  MISSION  OF
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AS APPROPRIATED
BY THE LEGISLATURE.
  S  45.  Section  156-e  of the executive law, as added by section 2 of
part A of chapter 81 of the laws of 2002, is amended to read as follows:
  S 156-e. College fire safety. 1. Notwithstanding the provisions of any
law to the contrary, the office of fire prevention and  control  OF  THE
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, by and through the
state  fire  administrator or their duly authorized officers and employ-
ees, shall have the responsibility to annually inspect  buildings  under
the  jurisdiction  of public colleges and independent colleges, as these
terms are defined in section eight hundred seven-b of the education law,
for compliance with and violations of the uniform  fire  prevention  and
building code; or any other applicable code, rule or regulation pertain-
ing  to  fire  safety. Buildings subject to inspection are all buildings
under the jurisdiction of such colleges used for  classroom,  dormitory,
fraternity,  sorority,  laboratory,  physical  education, dining, recre-
ational or other purposes.
  2. a. The office of fire prevention and control shall have  the  power
to issue a notice of violation and orders requiring the remedying of any
condition  found  to  exist  in,  on  or  about  any such building which
violates the uniform fire prevention and building  code,  or  any  other
code,  rule  or regulation pertaining to fire safety, fire safety equip-
ment and fire safety devices.  Such  office  is  further  authorized  to

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promulgate  regulations regarding the issuance of violations, compliance
with orders, and providing for time for compliance, reinspection  proce-
dures, and issuance of certificates of conformance.
  b.  Where  any college authority in general charge of the operation of
any public or independent college buildings is served personally  or  by
registered  or  certified  mail  with  an  order  of  the office of fire
prevention and control to remedy any violation and fails to comply  with
such  order  immediately  or  within such other time as specified in the
order, the office of fire prevention and control may avail itself of any
or all of the following remedies: (1) assess a civil penalty  of  up  to
five hundred dollars per day until the violation is corrected; (2) order
immediate  closure  of  the building, buildings or parts thereof where a
violation exists that poses an imminent  threat  to  public  health  and
safety;  (3) [exercise all of the authority conferred upon the secretary
of state pursuant to article eighteen of this chapter to obtain  compli-
ance  with its orders; or (4)] refer violations to the appropriate local
government authorities for enforcement pursuant to article  eighteen  of
this chapter.
  c.  The  office  of  fire  prevention  and control [by and through the
secretary of state] is authorized to commence necessary proceedings in a
court of competent jurisdiction seeking enforcement of any of its orders
and payment of assessed penalties.
  3. a. Except as provided herein, any county, city,  town  or  village,
pursuant to resolution of their respective legislative bodies, may apply
to  the  office  of fire prevention and control for delegation of all or
part of the duties, rights and powers conferred upon the office of  fire
prevention and control by this section and section eight hundred seven-b
of the education law. Upon acceptable demonstration of adequate capabil-
ity, resources and commitment on the part of the applicant local govern-
ment,  the  office  of  fire prevention and control may make such deleg-
ation, in which case the local government shall also  have  all  of  the
rights, duties and powers provided to local governments in article eigh-
teen  of  this  chapter  and  in any city charter or code. The authority
granted in this section to assess  civil  penalties,  order  closure  of
buildings  [and  take  action  possessed by the secretary of state under
article eighteen of this chapter,] shall not be delegated to  the  local
government.  Such powers shall continue in the office of fire prevention
and control which may exercise them in the case of  violations,  on  its
own  volition  or  at  the  request of the delegee local government. The
delegation shall expire after three years, and may  be  renewed  at  the
discretion  of the office of fire prevention and control. All inspection
reports conducted pursuant to a delegation of authority shall be prompt-
ly filed with the office of fire prevention and control.  In  the  event
any such report is not filed or reasonable grounds exist to believe that
inspections  or enforcement are inadequate or ineffective, the office of
fire prevention and control may revoke the  delegation  or  continue  it
subject  to  terms  and  conditions  specified  by  the  office  of fire
prevention and control.
  b. The authorities in a city having a population  of  one  million  or
more  shall  exercise all of the rights, powers and duties pertaining to
inspection of independent and public college buildings  and  enforcement
provided in this section and section eight hundred seven-b of the educa-
tion  law, without impairing any existing authority of such city. A copy
of all inspection reports  shall  be  filed  with  the  office  of  fire
prevention and control by the authorities conducting inspections.

S. 6606--A                         106                        A. 9706--A

  S  46.  Subdivision  2  and  paragraph (b) of subdivision 3 of section
837-o of the executive law, as amended by chapter 689  of  the  laws  of
2002, are amended to read as follows:
  2.  Within  ten business days of receipt from the applicant, the chief
of the fire company shall send the  completed  search  request  form  to
either  (i)  the  sheriff's  department  of the county in which the fire
company is located, or (ii) the [department of state,]  office  of  fire
prevention and control, as follows:
  (a)  the  sheriff's department of the county in which the fire company
is located shall be responsible for receiving the  search  requests  and
processing  the  search  requests  with the division within ten business
days of receipt from the chief of the fire company,  unless  the  county
legislative  body  adopts and files with the [secretary of state] OFFICE
OF FIRE PREVENTION AND CONTROL pursuant to the municipal home rule law a
local law providing that the sheriff's department shall  not  have  such
responsibility;
  (b) in all other instances where a county legislative body has adopted
a  local law pursuant to paragraph (a) of this subdivision, the [depart-
ment of state,] office of fire prevention and control shall be responsi-
ble for receiving search requests and forwarding the search requests  to
the division.
The  [department  of  state,]  office  of fire prevention and control is
hereby authorized to establish a communication network with the division
for the purpose of  forwarding  search  requests  and  receiving  search
results pursuant to paragraph (b) of this subdivision.
  (b) The results of the search shall be communicated in writing, within
ten business days of receipt from the division, to the chief of the fire
company from which the search request originated by either the sheriff's
department  or  the [department of state,] office of fire prevention and
control, and shall be kept confidential by the chief, except as provided
in paragraph (c) of this subdivision. The results of  the  search  shall
only  state either that: (i) the applicant stands convicted of arson, or
(ii) the applicant has no record of conviction for arson. The results of
the search shall not divulge any other information relating to the crim-
inal history of the applicant.
  S 47. Subdivisions 1 and 2 of section 225-a  of  the  county  law,  as
amended  by  chapter  225  of  the  laws of 1979, are amended to read as
follows:
  1. In order to develop and maintain programs for fire  training,  fire
service-related  activities  and  mutual  aid in cases of fire and other
emergencies in which the services of firemen would be used and to  coop-
erate  with the office of fire prevention and control [in the department
of state] in furthering such programs, the board of supervisors  of  any
county  may  create  a  county fire advisory board and may establish the
office of county fire coordinator.
  2. A county fire advisory board shall consist of not  less  than  five
nor more than twenty-one members, each of whom shall be appointed by the
board  of supervisors for a term of not to exceed one year, two years or
three years. Such terms of office need not be the same for all  members.
It  shall be the duty of such board to cooperate with the office of fire
prevention and control [in the department of state] in relation to  such
programs  for  fire training, fire service-related activities and mutual
aid; to act as an advisory body to the board of supervisors and  to  the
county  fire  coordinator, if any, in connection with the county partic-
ipation in such programs for fire training, fire service-related  activ-
ities and mutual aid and in connection with the county establishment and

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maintenance  of a county fire training school and mutual aid programs in
cases of fire and other emergencies in which  the  services  of  firemen
would  be used; to perform such other duties as the board of supervisors
may  prescribe in relation to fire training, fire service-related activ-
ities and mutual aid in cases of fire and other emergencies in which the
services of firemen would be used. The members of such  board  shall  be
county officers, and shall serve without compensation.
  S  48.  Section 399-n of the general business law, as added by chapter
576 of the laws of 1985, is amended to read as follows:
  S 399-n. Approval of electrical devices. Whenever  electrical  devices
or electrical wiring or electrical apparatus are required to be approved
by  underwriters  laboratories for fire safety by any statute, law, rule
or regulation, of the state or any municipality thereof, approval by any
qualified laboratory or testing organization that tests for fire  safety
in  the  state  of  New  York  will be deemed to be satisfaction of such
requirement. For the purposes of this section, a qualified laboratory or
testing organization is one which meets the criteria of (1) the American
Society for Testing Materials test E548-76, or (2) any  rules  or  regu-
lations  relating thereto that may be promulgated by [the office of fire
prevention and control of] the department of state.
  S 49. Section 204-d of the general municipal law, as amended by  chap-
ter 583 of the laws of 2006, is amended to read as follows:
  S  204-d. Duties of the fire chief. The fire chief of any fire depart-
ment or company shall, in addition to any other duties assigned  to  him
by law or contract, to the extent reasonably possible determine or cause
to  be  determined  the  cause  of each fire or explosion which the fire
department or company has been called to suppress. He  shall  file  with
the office of fire prevention and control [of the department of state] a
report  containing  such  determination  and  any additional information
required by such office regarding the  fire  or  explosion.  The  report
shall  be  in  the  form  designated by such office. He shall contact or
cause to be contacted the appropriate investigatory authority if he  has
reason  to  believe the fire or explosion is of incendiary or suspicious
origin. For all fires that are suspected to have been ignited by a ciga-
rette, within fourteen days after completing the investigation into such
fire, the fire chief shall forward to [the office of fire prevention and
control] THE DEPARTMENT OF STATE information detailing,  to  the  extent
possible: (a) the specific brand and style of the cigarette suspected of
having  ignited  such fire; (b) whether the cigarette package was marked
as required by subdivision six of section one hundred fifty-six-c of the
executive law; and (c) the location and manner in which  such  cigarette
was purchased.
  S  50.  Subdivisions 1 and 2 of section 209-e of the general municipal
law, as amended by chapter 225 of the laws of 1979, are amended to  read
as follows:
  1. Plan. The state fire administrator shall prepare a state fire mobi-
lization  and mutual aid plan which may provide for the establishment of
fire mobilization and mutual aid zones of the state. Upon filing of  the
plan  in  the office [of the department of state] OF FIRE PREVENTION AND
CONTROL such plan shall become the state fire  mobilization  and  mutual
aid plan.  Such plan may be amended from time to time in the same manner
as originally adopted.
  2.  Regional  fire  administrators.  The  state fire administrator may
appoint and remove a regional fire administrator for each fire mobiliza-
tion and mutual aid zone established pursuant to the state fire  mobili-
zation  and  mutual  aid  plan.  Before  he  enters on the duties of the

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office, each regional fire administrator shall take and subscribe before
an officer authorized by law to administer oaths the constitutional oath
of office, which shall be administered  and  certified  by  the  officer
taking the same without compensation and shall be filed in the office of
[the department of state] FIRE PREVENTION AND CONTROL.
  S  51.  Subdivision (b) of section 318 of the insurance law is amended
to read as follows:
  (b) The information contained in such  reports  shall,  in  accordance
with  such regulations, be available to law enforcement agencies, to tax
districts which have, pursuant to the provisions of  section  twenty-two
of  the general municipal law, filed with the superintendent a notice of
intention to claim against the proceeds of a policy of  fire  insurance,
to  the  office  of  fire  prevention  and control [of the department of
state,] and  to  appropriate  governmental  agencies  charged  with  the
responsibility for demolition of structures.
  S  52.  Section 54-e of the state finance law, as added by chapter 741
of the laws of 1978, paragraph g of subdivision 1 as amended by  chapter
225 of the laws of 1979, is amended to read as follows:
  S  54-e. State assistance to reimburse municipalities for firefighting
costs. 1. As used in this section, unless otherwise expressly stated:
  a. "Normal operating expenses" shall  mean  those  costs,  losses  and
expenses  which are ordinarily associated with the maintenance, adminis-
tration and day-to-day operations of the fire department  of  a  munici-
pality. Such expenses shall include, but not be limited to, the ordinary
wages of firefighters, administrative and other overhead costs, depreci-
ation,  the  costs  of  litigation and the costs of employee's benefits,
including insurance, disability, death, or health care  whether  or  not
such  costs are incurred as the result of firefighting services rendered
to property under the jurisdiction of the state of New York.
  b. "Firefighting costs" shall mean those  expenses  and  losses  which
would  not  have been incurred had not the fire in question taken place.
Such costs shall include, but not be limited to, salaries for  specially
employed  personnel,  costs  of supplies expended, and the lesser of (1)
the cost of repairing any destroyed or  damaged  equipment  or  (2)  the
value  of  such  equipment  immediately preceding the fire. Firefighting
costs shall not include: normal operating expenses  as  defined  herein,
any  firefighting  cost for which the municipality is reimbursed under a
policy of insurance or any costs associated with false  alarms,  regard-
less of cause.
  c. "Claim" shall mean that amount which is equal to those firefighting
costs  incurred  by  a municipality to the extent that such costs exceed
the sum of two hundred fifty dollars.
  d. "Fire" shall mean any  instance  of  destructive  and  uncontrolled
burning  on  property  under  the  jurisdiction of the state of New York
including scorch burns and explosions of  combustible  dust  or  solids,
flammable liquids and gases.
  e.  "Municipality"  shall mean any county, city, village, town or fire
district, having a fire department consisting  of  personnel,  apparatus
and equipment which has as its purpose protecting property and maintain-
ing  the  safety and welfare of the public from the dangers of fire, or,
in the case of a fire protection district or  that  portion  of  a  town
outside a village or fire district, a fire company as defined in section
three  of  the  volunteer  [firemen's]  FIREFIGHTERS'  benefit  law. The
personnel of any such fire department may be paid  employees  or  unpaid
volunteers or any combination thereof.

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  f.  "Property  under  the jurisdiction of the state of New York" shall
mean real property and improvements thereon and appurtenances thereto in
which the state of New York holds legal fee simple  title  and  further,
any real property conveyed or made available to the New York state hous-
ing  finance  agency or the dormitory authority of the state of New York
under agreements for the financing and construction  of  facilities  for
the  state  university of New York; provided however, with the exception
of property occupied by the state university of New York, such  property
shall  not  include  leasehold interest; provided further, such property
shall not include any property for which  a  municipality  receives  any
payments-in-lieu of taxes or any other payments, including real property
taxes,  that  are  or  may be used for providing fire protection to such
property.
  [g. "Secretary" shall mean the secretary of state or  the  state  fire
administrator as his designee.]
  2.  Any  municipality whose fire department has responded to a fire on
property under the jurisdiction of the state of New York:
  a. shall, within thirty days after such fire, submit a  report,  on  a
form  prescribed  by  the [secretary of state] OFFICE OF FIRE PREVENTION
AND CONTROL, to the [secretary] OFFICE OF FIRE  PREVENTION  AND  CONTROL
stating  the location of such a fire and the firefighting costs incurred
while fighting such a fire; and
  b. may, within thirty days after such a fire, submit  a  claim,  on  a
form  prescribed  by the [secretary of state,] OFFICE OF FIRE PREVENTION
AND CONTROL to the [secretary] OFFICE OF  FIRE  PREVENTION  AND  CONTROL
pursuant to the provisions of this section.
  3.  The [secretary] OFFICE OF FIRE PREVENTION AND CONTROL shall review
each claim to determine  if  such  claim  shall  be  approved,  reduced,
amended or rejected and shall notify the municipality, within sixty days
of  receipt  of  such  claim,  as to his determination. The municipality
shall notify the [secretary,] OFFICE  OF  FIRE  PREVENTION  AND  CONTROL
within  thirty  days  after  receipt of the [secretary's] OFFICE OF FIRE
PREVENTION AND CONTROL'S notification, as to its acceptance or rejection
of such determination. Failure to so notify the  [secretary]  OFFICE  OF
FIRE PREVENTION AND CONTROL shall constitute an acceptance of the deter-
mination. If accepted by the municipality, such acceptance shall consti-
tute  the final and conclusive determination for such claim. If rejected
by the municipality, such municipality shall resubmit its claim,  within
thirty days after receipt of the [secretary's] OFFICE OF FIRE PREVENTION
AND  CONTROL'S notification, together with its reasons for objection and
any additional documentation which may justify its claim.  Upon  receipt
of  a  resubmitted  claim, the [secretary] OFFICE OF FIRE PREVENTION AND
CONTROL shall review such claim and within sixty days of receipt of such
resubmitted claim, make a final determination as to  the  amount  to  be
approved  for  such  claim. If the municipality shall dispute such final
determination it may commence an action, within sixty days of such final
determination, in the court of claims which shall have  jurisdiction  to
adjudicate the claim and enter judgment, which judgment shall be a final
determination  for  purposes  of  this  section  and shall be payable in
accordance with the provisions of subdivisions four  and  five  of  this
section.
  4. The [secretary] OFFICE OF FIRE PREVENTION AND CONTROL shall certify
all  claims  for  which a final determination has been made. The [secre-
tary] OFFICE OF FIRE PREVENTION AND  CONTROL  shall  submit  all  claims
certified during the preceding year to the comptroller of the department
of  audit  and  control on or before April first of each year. Any claim

S. 6606--A                         110                        A. 9706--A

that has been received prior to April first of such year, but for  which
no  certification  has  been  made,  shall,  for purposes of payment, be
considered as a claim for the year in which such certification is made.
  5.  All  claims certified by the [secretary] OFFICE OF FIRE PREVENTION
AND CONTROL shall be paid annually and shall be paid upon a warrant from
the comptroller from funds appropriated in the local assistance fund. In
the event such appropriation is insufficient  to  permit  the  aggregate
annual  payments  authorized  under  this  section,  each municipality's
payment for any claim or claims  certified  during  the  preceding  year
shall  be decreased proportionally until the total payments are equal to
the amount appropriated.
  6. The chief fiscal officer of the municipality shall pay the  amounts
received  under  this  section  into the fund or funds from which moneys
were  expended  to  provide  the  firefighting  services  for  which   a
reimbursement was made under this section.
  7.  This  section  shall  not  in  any way impair, limit or modify the
rights and obligations of any insurer under any policy of insurance.
  8. The [secretary of state] OFFICE  OF  FIRE  PREVENTION  AND  CONTROL
shall annually prepare a report on the effectiveness of this section and
shall  submit  such report to the legislature. Such report shall include
the number and location of any fire on property under  the  jurisdiction
of  the  state  of New York, the number of claims and the amount of each
such claim filed pursuant to this section and further, the total  amount
of  all  claims  filed  and  the total amount of payments made under the
provisions of this section. The first such report shall be submitted  to
the legislature on or before June first, nineteen hundred seventy-nine.
  S  53.  Subdivisions 4 and 5 of section 99-q of the state finance law,
as added by chapter 490 of the laws of 2009,  are  amended  to  read  as
follows:
  4.  Monies  shall be payable from the fund on the audit and warrant of
the comptroller on vouchers approved and certified by the [secretary  of
state  upon  the  recommendation  of  the  office of fire prevention and
control] STATE FIRE ADMINISTRATOR.
  5. To the extent practicable, the  [secretary  of  state]  STATE  FIRE
ADMINISTRATOR shall ensure that all monies received during a fiscal year
are expended prior to the end of that fiscal year.
  S  54.  Subdivision 1 of section 115-a of the vehicle and traffic law,
as amended by chapter 225 of the laws of 1979, is  amended  to  read  as
follows:
  1.  a  vehicle  operated by officials of the office of fire prevention
and control [in the department of state],
  S 55. Subdivision 79 of section 2.10 of the criminal procedure law, as
added by chapter 241 of the laws of 2004, is amended to read as follows:
  79. Supervisors and members of the arson investigation bureau and fire
inspection  bureau  of  the  [department  of  state's]  office  of  fire
prevention  and  control when acting pursuant to their special duties in
matters arising under the laws  relating  to  fires,  their  prevention,
extinguishment, investigation thereof, and fire perils; provided, howev-
er,  that  nothing in this subdivision shall be deemed to authorize such
employees to carry, possess, repair, or dispose of a firearm unless  the
appropriate  license therefor has been issued pursuant to section 400.00
of the penal law.
  S 56. The executive law is amended by adding a new  section  100-c  to
read as follows:
  S  100-C.  FIRE  SAFETY STANDARDS FOR CIGARETTES.   1. DEFINITIONS. AS
USED IN THIS SECTION, A.  "CIGARETTE" SHALL MEAN ANY  ROLL  FOR  SMOKING

S. 6606--A                         111                        A. 9706--A

MADE  WHOLLY  OR IN PART OF TOBACCO OR OF ANY OTHER SUBSTANCE, IRRESPEC-
TIVE OF SIZE OR SHAPE AND WHETHER OR NOT SUCH TOBACCO  OR  SUBSTANCE  IS
FLAVORED, ADULTERATED OR MIXED WITH ANY OTHER INGREDIENT, THE WRAPPER OR
COVER  OF  WHICH  IS  MADE  OF  PAPER OR ANY OTHER SUBSTANCE OR MATERIAL
EXCEPT TOBACCO.
  B. "SELL" SHALL MEAN TO SELL, OR TO OFFER OR AGREE TO DO THE SAME.
  2. A. WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS  SECTION,  THE
DEPARTMENT  OF  STATE  SHALL  PROMULGATE FIRE SAFETY STANDARDS FOR CIGA-
RETTES SOLD OR OFFERED FOR SALE IN THIS STATE. SUCH STANDARDS SHALL TAKE
EFFECT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION AND SHALL  INSURE
EITHER:
  (1)  THAT SUCH CIGARETTES, IF IGNITED, WILL STOP BURNING WITHIN A TIME
PERIOD SPECIFIED BY THE STANDARDS  IF  THE  CIGARETTES  ARE  NOT  SMOKED
DURING THAT PERIOD; OR
  (2)  THAT SUCH CIGARETTES MEET PERFORMANCE STANDARDS PRESCRIBED BY THE
DEPARTMENT OF STATE TO LIMIT THE RISK THAT SUCH CIGARETTES  WILL  IGNITE
UPHOLSTERED FURNITURE, MATTRESSES OR OTHER HOUSEHOLD FURNISHINGS.
  B.  IN  PROMULGATING  FIRE SAFETY STANDARDS FOR CIGARETTES PURSUANT TO
THIS SECTION, THE DEPARTMENT OF STATE, IN CONSULTATION WITH THE  DEPART-
MENT  OF  HEALTH,  SHALL  CONSIDER  WHETHER  CIGARETTES  MANUFACTURED IN
ACCORDANCE WITH SUCH STANDARDS MAY REASONABLY RESULT IN INCREASED HEALTH
RISKS TO CONSUMERS.
  C. THE DEPARTMENT OF STATE SHALL BE RESPONSIBLE FOR ADMINISTERING  THE
PROVISIONS OF THIS SECTION.
  D. THE DEPARTMENT OF STATE SHALL REPORT TO THE GOVERNOR AND THE LEGIS-
LATURE  NO  LATER  THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS
SECTION ON THE STATUS OF ITS WORK IN PROMULGATING THE FIRE SAFETY STAND-
ARDS REQUIRED BY THIS SUBDIVISION.
  E. WHEN A CIGARETTE IS SUSPECTED OF HAVING IGNITED  A  FIRE,  AND  THE
DEPARTMENT  OF  STATE RECEIVES INFORMATION REGARDING THE BRAND AND STYLE
OF SUCH CIGARETTE PURSUANT TO SECTION  TWO  HUNDRED  FOUR-D  OR  SECTION
NINETY-ONE-A  OF  THE  GENERAL  MUNICIPAL  LAW, AND WHERE SUCH BRAND AND
STYLE HAD BEEN PREVIOUSLY CERTIFIED PURSUANT  TO  SUBDIVISION  THREE  OF
THIS  SECTION AND THE PACKAGE HAS BEEN MARKED AS REQUIRED BY SUBDIVISION
SIX OF THIS SECTION, THE DEPARTMENT OF STATE SHALL CONDUCT RANDOM  TEST-
ING  ON  CIGARETTES  OF  THE  SAME BRAND AND STYLE IN ORDER TO DETERMINE
WHETHER SUCH CIGARETTES MEET THE FIRE SAFETY STANDARDS MANDATED BY  THIS
SECTION; PROVIDED HOWEVER THAT SUCH TESTING SHALL NOT BE REQUIRED IF THE
DEPARTMENT OF STATE HAS TESTED SUCH BRAND AND STYLE WITHIN THE PRECEDING
THREE MONTHS.
  3.  ON  AND  AFTER  THE  DATE THE FIRE SAFETY STANDARDS TAKE EFFECT IN
ACCORDANCE WITH SUBDIVISION FOUR OF THIS SECTION, NO CIGARETTES SHALL BE
SOLD OR OFFERED FOR SALE IN THIS STATE UNLESS THE  MANUFACTURER  THEREOF
HAS CERTIFIED IN WRITING TO THE DEPARTMENT OF STATE THAT SUCH CIGARETTES
MEET  THE  PERFORMANCE  STANDARDS  PRESCRIBED BY THE DEPARTMENT OF STATE
PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  A. SUCH CERTIFICATIONS MUST BE BASED UPON TESTING CONDUCTED BY A LABO-
RATORY THAT HAS BEEN ACCREDITED PURSUANT TO STANDARD  ISO/IEC  17025  OF
THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION, OR SUCH OTHER COMPA-
RABLE ACCREDITATION STANDARD AS THE DEPARTMENT OF STATE SHALL REQUIRE BY
REGULATION.
  B. SUCH CERTIFICATION SHALL BE SIGNED BY AN OFFICER OF THE MANUFACTUR-
ER  AND SHALL CONTAIN FOR EACH CIGARETTE BRAND STYLE SUCH INFORMATION AS
SHALL BE DEEMED NECESSARY BY THE DEPARTMENT OF STATE, INCLUDING BUT  NOT
LIMITED  TO:  (I) THE BRAND AND STYLE; (II) LENGTH IN MILLIMETERS; (III)
CIRCUMFERENCE IN MILLIMETERS; (IV) FLAVOR, IF APPLICABLE; (V) FILTER  OR

S. 6606--A                         112                        A. 9706--A

NON-FILTER;  (VI) PACKAGE DESCRIPTION; (VII) THE NAME, ADDRESS AND TELE-
PHONE NUMBER OF THE LABORATORY, IF DIFFERENT THAN THE MANUFACTURER  THAT
CONDUCTED  THE TEST; (VIII) THE DATE THAT THE TESTING OCCURRED; AND (IX)
A  NOTARIZED  STATEMENT  FROM  AN  OFFICER OR DIRECTOR OF THE LABORATORY
CERTIFYING THAT THE CIGARETTE MEETS THE PERFORMANCE STANDARDS PRESCRIBED
BY THE DEPARTMENT OF STATE.
  C. IF A MANUFACTURER HAS CERTIFIED A CIGARETTE PURSUANT TO THIS SUBDI-
VISION, AND THEREAFTER MAKES ANY CHANGE TO SUCH CIGARETTE THAT IS LIKELY
TO ALTER ITS COMPLIANCE WITH THE FIRE SAFETY STANDARDS MANDATED BY  THIS
SECTION,  THEN  BEFORE SUCH CIGARETTE MAY BE SOLD OR OFFERED FOR SALE IN
THIS STATE SUCH MANUFACTURER SHALL RETEST SUCH CIGARETTE  IN  ACCORDANCE
WITH  THE  TESTING  STANDARDS  PRESCRIBED BY THE DEPARTMENT OF STATE AND
MAINTAIN RECORDS OF SUCH RETESTING AS REQUIRED BY SUBDIVISION  SEVEN  OF
THIS  SECTION.  ANY  SUCH  ALTERED  CIGARETTE  WHICH  DOES  NOT MEET THE
PERFORMANCE STANDARD PRESCRIBED BY THE DEPARTMENT OF STATE  MAY  NOT  BE
SOLD  IN  THE  STATE.  COPIES  OF  SUCH  WRITTEN CERTIFICATIONS SHALL BE
PROVIDED BY THE CERTIFYING MANUFACTURER TO  ALL  WHOLESALE  DEALERS,  AS
DEFINED  IN SUBDIVISION EIGHT OF SECTION FOUR HUNDRED SEVENTY OF THE TAX
LAW, AND ALL AGENTS, AS DEFINED IN SUBDIVISION ELEVEN  OF  SECTION  FOUR
HUNDRED  SEVENTY OF THE TAX LAW. THE DEPARTMENT OF STATE SHALL PRESCRIBE
PROCEDURES BY WHICH STAMPING AGENTS, WHOLESALE DEALERS OR RETAIL DEALERS
ARE NOTIFIED OF WHICH CIGARETTES HAVE BEEN CERTIFIED BY MANUFACTURERS AS
MEETING THE PERFORMANCE STANDARDS PRESCRIBED BY THE DEPARTMENT OF STATE,
WHICH MAY INCLUDE THE MAINTENANCE OF A WEBSITE LISTING  CERTIFIED  CIGA-
RETTE BRANDS AND STYLES.
  4.  THE  FIRE SAFETY STANDARDS REQUIRED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION SHALL TAKE EFFECT ON SUCH DATE AS THE DEPARTMENT  OF  STATE
SHALL  SPECIFY IN PROMULGATING SUCH STANDARDS AND SUCH DATE SHALL BE THE
EARLIEST PRACTICABLE DATE  BY  WHICH  MANUFACTURERS  OF  CIGARETTES  CAN
COMPLY  WITH SUCH STANDARDS; PROVIDED, HOWEVER, THAT SUCH DATE SHALL NOT
BE LATER THAN ONE HUNDRED EIGHTY DAYS AFTER SUCH STANDARDS  ARE  PROMUL-
GATED.  ON  AND  AFTER SUCH DATE, NO PERSON OR ENTITY SHALL SELL IN THIS
STATE CIGARETTES THAT HAVE NOT BEEN CERTIFIED  BY  THE  MANUFACTURER  IN
ACCORDANCE  WITH SUBDIVISION THREE OF THIS SECTION OR THAT HAVE NOT BEEN
MARKED IN THE MANNER  REQUIRED  BY  SUBDIVISION  SIX  OF  THIS  SECTION;
PROVIDED,  HOWEVER,  THAT NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED
TO PROHIBIT ANY PERSON OR ENTITY FROM SELLING OR OFFERING FOR SALE CIGA-
RETTES THAT HAVE NOT BEEN CERTIFIED BY THE  MANUFACTURER  IN  ACCORDANCE
WITH  SUBDIVISION  THREE OF THIS SECTION AND HAVE NOT BEEN MARKED IN THE
MANNER REQUIRED BY SUBDIVISION SIX OF THIS SECTION  IF  SUCH  CIGARETTES
ARE  OR  WILL  BE  STAMPED FOR SALE IN ANOTHER STATE OR ARE PACKAGED FOR
SALE OUTSIDE THE UNITED STATES.
  5. A. ANY WHOLESALE DEALER, AS DEFINED IN SUBDIVISION EIGHT OF SECTION
FOUR HUNDRED SEVENTY OF THE TAX LAW, OR ANY AGENT, AS DEFINED IN  SUBDI-
VISION  ELEVEN  OF  SECTION  FOUR HUNDRED SEVENTY OF THE TAX LAW, OR ANY
OTHER PERSON OR ENTITY WHO KNOWINGLY SELLS OR OFFERS TO SELL  CIGARETTES
IN  VIOLATION  OF SUBDIVISION FOUR OF THIS SECTION SHALL BE SUBJECT TO A
CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS FOR EACH  PACK  OF  SUCH
CIGARETTES  SOLD  OR OFFERED FOR SALE PROVIDED THAT IN NO CASE SHALL THE
PENALTY AGAINST ANY WHOLESALE DEALER EXCEED ONE HUNDRED THOUSAND DOLLARS
FOR SALES OR OFFERS TO SELL DURING ANY THIRTY  DAY  PERIOD.  ANY  RETAIL
DEALER,  AS  DEFINED IN SUBDIVISION NINE OF SECTION FOUR HUNDRED SEVENTY
OF THE TAX LAW, WHO KNOWINGLY SELLS OR  OFFERS  TO  SELL  CIGARETTES  IN
VIOLATION  OF  SUBDIVISION  FOUR  OF  THIS SECTION SHALL BE SUBJECT TO A
CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS FOR EACH  PACK  OF  SUCH
CIGARETTES  SOLD OR OFFERED FOR SALE, PROVIDED THAT IN NO CASE SHALL THE

S. 6606--A                         113                        A. 9706--A

PENALTY AGAINST ANY RETAIL DEALER EXCEED  TWENTY-FIVE  THOUSAND  DOLLARS
FOR  SALES  OR  OFFERS  TO SELL DURING ANY THIRTY DAY PERIOD. ANY PERSON
ENGAGED IN THE BUSINESS OF SELLING CIGARETTES IN OR  FOR  SHIPMENT  INTO
NEW YORK WHO POSSESSES CIGARETTES THAT HAVE NOT BEEN CERTIFIED OR MARKED
IN  ACCORDANCE  WITH THE REQUIREMENTS OF THIS SECTION SHALL BE DEEMED TO
BE OFFERING SUCH CIGARETTES FOR SALE IN NEW YORK. AN AGENT  LICENSED  IN
MORE THAN ONE STATE MAY REBUT SUCH PRESUMPTION BY ESTABLISHING: (I) THAT
SUCH  CIGARETTES HAVE BEEN PHYSICALLY SEGREGATED FROM CIGARETTES OFFERED
FOR SALE IN NEW YORK; AND (II) NO NEW YORK TAX STAMPS HAVE  BEEN  PLACED
ON  ANY  CIGARETTES THAT HAVE NOT BEEN CERTIFIED OR MARKED IN ACCORDANCE
WITH THIS SECTION. IN ADDITION TO ANY PENALTIES IMPOSED BY THIS  SECTION
THE  COMMISSIONER  OF  TAXATION  AND FINANCE, AFTER AN OPPORTUNITY FOR A
HEARING HAS BEEN AFFORDED PURSUANT TO SUBDIVISION FIVE OF  SECTION  FOUR
HUNDRED  EIGHTY OF THE TAX LAW, SHALL SUSPEND FOR SIX MONTHS THE LICENSE
OF ANY AGENT ISSUED PURSUANT TO SECTION FOUR HUNDRED SEVENTY-TWO OF  THE
TAX  LAW, THE LICENSE OF ANY WHOLESALE DEALER ISSUED PURSUANT TO SECTION
FOUR HUNDRED EIGHTY OF THE TAX LAW, OR THE REGISTRATION  OF  ANY  RETAIL
DEALER  ISSUED PURSUANT TO SECTION FOUR HUNDRED EIGHTY-A OF THE TAX LAW,
WHEN SUCH AGENT, WHOLESALE DEALER OR RETAIL DEALER VIOLATES THIS SECTION
THREE OR MORE TIMES WITHIN A THREE YEAR PERIOD, PROVIDED SUCH VIOLATIONS
OCCURRED ON AT LEAST THREE SEPARATE CALENDAR DAYS.
  B. IN ADDITION TO ANY PENALTY  PRESCRIBED  BY  LAW,  ANY  CORPORATION,
PARTNERSHIP,  SOLE  PROPRIETOR,  LIMITED PARTNERSHIP, ASSOCIATION OR ANY
OTHER BUSINESS ENTITY ENGAGED IN  THE  MANUFACTURE  OF  CIGARETTES  THAT
KNOWINGLY  MAKES  A FALSE CERTIFICATION PURSUANT TO SUBDIVISION THREE OF
THIS  SECTION  SHALL  BE  SUBJECT  TO  A  CIVIL  PENALTY  OF  AT   LEAST
SEVENTY-FIVE  THOUSAND DOLLARS AND NOT TO EXCEED TWO HUNDRED FIFTY THOU-
SAND DOLLARS FOR EACH SUCH FALSE  CERTIFICATION,  AND  ANY  ENTITY  THAT
FAILS  TO  PAY A CIVIL PENALTY IMPOSED PURSUANT TO THIS PARAGRAPH WITHIN
THIRTY DAYS AFTER SUCH PENALTY IS IMPOSED, SHALL BE  SUBJECT  TO  A  BAR
FROM  SELLING  CIGARETTES  COVERED  BY  THAT FALSE CERTIFICATION IN THIS
STATE UNTIL THE STATE RECEIVES FULL PAYMENT OF SUCH PENALTY.
  C. THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER
A SPECIAL FUND TO BE KNOWN AS THE "CIGARETTE FIRE SAFETY ACT FUND". SUCH
FUND SHALL CONSIST OF ALL MONEYS RECOVERED FROM THE ASSESSMENT OF  CIVIL
PENALTIES AUTHORIZED BY THIS SUBDIVISION.  SUCH MONIES SHALL BE DEPOSIT-
ED  TO THE CREDIT OF THE FUND AND SHALL, IN ADDITION TO ANY OTHER MONEYS
MADE AVAILABLE FOR SUCH PURPOSE, BE AVAILABLE TO THE DEPARTMENT OF STATE
FOR THE PURPOSE OF FIRE SAFETY AND  PREVENTION  PROGRAMS.  ALL  PAYMENTS
FROM  THE  CIGARETTE FIRE SAFETY ACT FUND SHALL BE MADE ON THE AUDIT AND
WARRANT OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED AND SUBMITTED  BY
THE STATE FIRE ADMINISTRATOR.
  6.  NO  CIGARETTES  SHALL  BE DISTRIBUTED, SOLD OR OFFERED FOR SALE IN
THIS STATE UNLESS THE MANUFACTURER HAS PLACED ON EACH INDIVIDUAL PACKAGE
THE LETTERS "FSC" WHICH SIGNIFIES FIRE STANDARDS COMPLIANT. SUCH LETTERS
SHALL APPEAR IN EIGHT POINT TYPE AND BE  PERMANENTLY  PRINTED,  STAMPED,
ENGRAVED OR EMBOSSED ON THE PACKAGE AT OR NEAR THE UPC CODE, IF PRESENT.
ANY  PACKAGE  CONTAINING  SUCH SYMBOL IS DEEMED TO BE IN COMPLIANCE WITH
THE DEPARTMENT OF STATE REGULATIONS SET FORTH IN 19 NYCRR 429.8.
  7. A. EACH MANUFACTURER SHALL MAINTAIN COPIES OF THE  REPORTS  OF  ALL
TESTS CONDUCTED ON ALL CIGARETTES FOR A PERIOD OF THREE YEARS, AND SHALL
MAKE COPIES OF SUCH REPORTS AVAILABLE TO THE DEPARTMENT OF STATE AND THE
ATTORNEY  GENERAL  UPON  WRITTEN  REQUEST;  PROVIDED,  HOWEVER, THAT ANY
MANUFACTURER THAT FAILS TO MAKE COPIES OF SUCH REPORTS AVAILABLE  WITHIN
SIXTY  DAYS  OF  RECEIVING  SUCH A WRITTEN REQUEST SHALL BE SUBJECT TO A
CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS FOR EACH DAY AFTER  THE

S. 6606--A                         114                        A. 9706--A

SIXTIETH  DAY THAT SUCH MANUFACTURER DOES NOT MAKE SUCH COPIES AVAILABLE
AND SHALL BE SUBJECT TO A BAR FROM SELLING OR  OFFERING  TO  SELL  CIGA-
RETTES IN NEW YORK UNTIL SUCH COPIES ARE MADE AVAILABLE.
  B.  TESTING PERFORMED OR SPONSORED BY THE DEPARTMENT OF STATE IN ORDER
TO DETERMINE A CIGARETTE'S COMPLIANCE WITH  THE  FIRE  SAFETY  STANDARDS
MANDATED  BY  THIS SECTION SHALL BE CONDUCTED (I) IN ACCORDANCE WITH THE
REQUIREMENTS APPLICABLE TO MANUFACTURERS PURSUANT TO THE REGULATIONS  OF
THE  DEPARTMENT OF STATE, AND (II) BY A LABORATORY THAT HAS BEEN ACCRED-
ITED PURSUANT TO STANDARD ISO/IEC 17025 OF THE  INTERNATIONAL  ORGANIZA-
TION FOR STANDARDIZATION OR SUCH OTHER COMPARABLE ACCREDITATION STANDARD
AS THE DEPARTMENT OF STATE SHALL REQUIRE BY REGULATION.
  8.  A.  TO ENFORCE THE PROVISIONS OF THIS SECTION, THE COMMISSIONER OF
TAXATION AND FINANCE AND THE SECRETARY OF STATE MAY TAKE  ADMINISTRATIVE
ACTION IMPOSING THE CIVIL PENALTIES AND SUSPENSIONS AUTHORIZED BY SUBDI-
VISION FIVE OF THIS SECTION. IN ADDITION, THE ATTORNEY GENERAL MAY BRING
AN  ACTION  ON  BEHALF  OF THE PEOPLE OF THE STATE OF NEW YORK TO ENJOIN
ACTS IN VIOLATION OF THIS SECTION AND TO  RECOVER  ANY  CIVIL  PENALTIES
UNLESS  CIVIL  PENALTIES HAVE BEEN PREVIOUSLY RECOVERED IN SUCH ADMINIS-
TRATIVE PROCEEDINGS.
  B. ANY ENFORCEMENT OFFICER AS  DEFINED  IN  SECTION  THIRTEEN  HUNDRED
NINETY-NINE-T  OF  THE  PUBLIC HEALTH LAW SHALL HAVE THE POWER TO IMPOSE
UPON ANY RETAIL DEALER THE CIVIL  PENALTIES  AUTHORIZED  BY  SUBDIVISION
FIVE  OF  THIS SECTION, FOLLOWING A HEARING CONDUCTED IN THE SAME MANNER
AS HEARINGS CONDUCTED UNDER ARTICLE THIRTEEN-E OF THE PUBLIC HEALTH LAW.
  C. TO ENFORCE THE PROVISIONS OF  THIS  SECTION,  THE  COMMISSIONER  OF
TAXATION  AND  FINANCE AND THE SECRETARY OF STATE, OR THEIR DULY AUTHOR-
IZED REPRESENTATIVES,  ARE  HEREBY  AUTHORIZED  TO  EXAMINE  THE  BOOKS,
PAPERS,  INVOICES AND OTHER RECORDS OF ANY PERSON IN POSSESSION, CONTROL
OR OCCUPANCY OF ANY PREMISES WHERE CIGARETTES ARE PLACED,  STORED,  SOLD
OR  OFFERED  FOR  SALE,  AS  WELL AS THE STOCK OF CIGARETTES IN ANY SUCH
PREMISES. EVERY PERSON IN THE POSSESSION, CONTROL OR  OCCUPANCY  OF  ANY
PREMISES WHERE CIGARETTES ARE PLACED, SOLD OR OFFERED FOR SALE, IS HERE-
BY  DIRECTED  AND  REQUIRED  TO  GIVE  THE  COMMISSIONER OF TAXATION AND
FINANCE AND THE SECRETARY OF STATE, AND THEIR DULY AUTHORIZED  REPRESEN-
TATIVES,  THE MEANS, FACILITIES AND OPPORTUNITY FOR SUCH EXAMINATIONS AS
ARE HEREIN PROVIDED FOR AND REQUIRED.
  D. WHENEVER ANY POLICE OFFICER DESIGNATED IN SECTION 1.20 OF THE CRIM-
INAL PROCEDURE LAW SHALL DISCOVER ANY CIGARETTES  WHICH  HAVE  NOT  BEEN
MARKED  IN  THE MANNER REQUIRED BY SUBDIVISION SIX OF THIS SECTION, SUCH
OFFICER IS HEREBY AUTHORIZED AND EMPOWERED TO SEIZE AND TAKE  POSSESSION
OF  SUCH  CIGARETTES. SUCH SEIZED CIGARETTES SHALL BE TURNED OVER TO THE
COMMISSIONER OF TAXATION AND FINANCE, AND  SHALL  BE  FORFEITED  TO  THE
STATE. CIGARETTES SEIZED PURSUANT TO THIS SECTION SHALL BE DESTROYED.
  E. THE SECRETARY OF STATE AND THE COMMISSIONER OF TAXATION AND FINANCE
ARE HEREBY AUTHORIZED AND DIRECTED TO PROMULGATE SUCH REGULATIONS AS ARE
DEEMED NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  57.  Subdivision 2 of section 91-a of the general municipal law, as
added by chapter 583 of the laws of 2006, is amended to read as follows:
  2. Where an investigative unit formed by this section has investigated
a fire and such fire is suspected to have been ignited  by  a  cigarette
and  not  caused  by  arson, the investigative unit shall forward to the
office of fire prevention and control AND THE SECRETARY OF STATE  within
fourteen days of completing the investigation into such fire information
detailing,  to  the extent possible: (a) the specific brand and style of
the cigarette suspected of having ignited such  fire;  (b)  whether  the
cigarette  package  was marked as required by subdivision six of section

S. 6606--A                         115                        A. 9706--A

[one hundred fifty-six-c] ONE HUNDRED-C of the executive  law;  and  (c)
the location and manner in which such cigarette was purchased.
  S  58. Section 204-d of the general municipal law, as amended by chap-
ter 583 of the laws of 2006, is amended to read as follows:
  S 204-d. Duties of the fire chief. The fire chief of any fire  depart-
ment  or  company shall, in addition to any other duties assigned to him
by law or contract, to the extent reasonably possible determine or cause
to be determined the cause of each fire  or  explosion  which  the  fire
department  or  company  has been called to suppress. He shall file with
the office of fire prevention and control [of the department of state] a
report containing such  determination  and  any  additional  information
required  by  such  office  regarding  the fire or explosion. The report
shall be in the form designated by such  office.  He  shall  contact  or
cause  to be contacted the appropriate investigatory authority if he has
reason to believe the fire or explosion is of incendiary  or  suspicious
origin. For all fires that are suspected to have been ignited by a ciga-
rette, within fourteen days after completing the investigation into such
fire,  the fire chief shall forward to the office of fire prevention and
control information detailing, to the extent possible: (a) the  specific
brand  and style of the cigarette suspected of having ignited such fire;
(b) whether the cigarette package was marked as required by  subdivision
six  of section [one hundred fifty-six-c] ONE HUNDRED-C of the executive
law; and (c) the  location  and  manner  in  which  such  cigarette  was
purchased.
  S  59.  Subdivision 2-a of section 480-b of the tax law, as amended by
section 2 of part MM-1 of chapter 57 of the laws of 2008, is amended  to
read as follows:
  2-a.  An agent may not affix, or cause to be affixed, a New York state
cigarette tax stamp to a package of cigarettes  unless:  (a)  the  ciga-
rettes  have  been  certified  by  the  manufacturer if certification is
required under subdivision three of section  [one  hundred  fifty-six-c]
ONE  HUNDRED-C of the executive law; and (b) the package has been marked
in such manner as may be required by subdivision  six  of  section  [one
hundred fifty-six-c] ONE HUNDRED-C of the executive law.
  S  59-a. Section 380 of the executive law, as added by chapter  707 of
the laws of 1981, is amended to read as follows:
  S 380. Granting authority. The secretary[, by and through  the  office
of  fire  prevention  and  control,] shall administer a program of local
assistance to aid local governments in the administration  and  enforce-
ment  of  locally  adopted or state promulgated building and fire codes.
Said program of local assistance shall conform to  the  requirements  of
section  fifty-four-g  of  the  state  finance  law. The secretary shall
adopt, amend and rescind such rules, regulations and guidelines  as  may
be  necessary  for  the  performance of his functions, powers and duties
under this section.
  S 60. This act shall take effect on April 1,  2010;  provided  however
that  section  eleven  of  this  act shall take effect one year after it
shall have become a law; and provided further  that  sections  forty-one
and  forty-two of this act shall take effect on April 1, 2010 so long as
nothing in this act may adversely affect any state agency from  distrib-
uting  funds  to political subdivisions of the state in a like manner as
the year prior; provided, however, that if anything in this act adverse-
ly affects any state agency from distributing funds to political  subdi-
visions  of  this state in a like manner as the year prior then sections
forty-one and forty-two of this act shall take effect upon the cessation
of such adverse affects, provided that the director of the  division  of

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the  budget  shall  notify the legislative bill drafting commission upon
the cessation of such adverse affects provided for in  this  section  in
order  that the commission may maintain an accurate and timely effective
data  base  of the official text of the laws of the state of New York in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law;  provided  however
that  section fifty-three of this act shall take effect on the same date
and in the same manner as section 3 of chapter 490 of the laws of  2009,
takes  effect;  and provided further that agencies are hereby authorized
to promulgate and establish any rules and regulations that are necessary
for the implementation of this act on its effective date.

                                 PART C

  Section 1. Section 837 of the executive law is amended by adding a new
subdivision 19 to read as follows:
  19. (A) PROMULGATE RULES AND REGULATIONS WHICH ESTABLISH:
  (I) PROCEDURES TO REVIEW AND APPROVE RAPE CRISIS PROGRAMS THAT PROVIDE
TRAINING TO RAPE CRISIS COUNSELORS  AS  DEFINED  IN  SECTION  FORTY-FIVE
HUNDRED TEN OF THE CIVIL PRACTICE LAW AND RULES;
  (II) MINIMUM TRAINING STANDARDS FOR RAPE CRISIS COUNSELORS;
  (III)  PROCEDURES  TO  ENABLE APPROVED RAPE CRISIS PROGRAMS TO CERTIFY
CURRENT AND FUTURE RAPE CRISIS COUNSELORS, INCLUDING  VOLUNTEER  COUNSE-
LORS, PROVIDED SUCH RAPE CRISIS COUNSELORS HAVE MET THE MINIMUM TRAINING
STANDARDS AS SET FORTH IN THIS SUBDIVISION; AND
  (IV)  PROCEDURES  TO PERIODICALLY REVIEW APPROVED TRAINING PROGRAMS TO
ASSURE THEY CONTINUE TO SATISFY ESTABLISHED STANDARDS.
  (B) RAPE CRISIS PROGRAMS APPROVED BY THE DIVISION SHALL PROVIDE TRAIN-
ING PROGRAMS CONSISTING OF AT LEAST THIRTY HOURS OF PRE-SERVICE TRAINING
AND WITHIN THE FIRST YEAR OF SERVICE AT LEAST TEN  HOURS  OF  IN-SERVICE
TRAINING FOR RAPE CRISIS COUNSELORS. THIS TRAINING SHALL INCLUDE BUT NOT
BE LIMITED TO, INSTRUCTION ON THE FOLLOWING:
  (I) THE DYNAMICS OF SEXUAL OFFENSES, SEXUAL ABUSES OR INCEST;
  (II) CRISIS INTERVENTION TECHNIQUES;
  (III) CLIENT-COUNSELOR CONFIDENTIALITY REQUIREMENTS;
  (IV) COMMUNICATION SKILLS AND INTERVENTION TECHNIQUES;
  (V) AN OVERVIEW OF THE STATE CRIMINAL JUSTICE SYSTEM;
  (VI)  AN  UPDATE  AND  REVIEW OF STATE LAWS ON SEXUAL OFFENSES, SEXUAL
ABUSE OR INCEST;
  (VII) THE AVAILABILITY OF STATE AND COMMUNITY RESOURCES FOR CLIENTS;
  (VIII) WORKING WITH A DIVERSE POPULATION;
  (IX) AN OVERVIEW OF CHILD ABUSE AND  MALTREATMENT  IDENTIFICATION  AND
REPORTING RESPONSIBILITIES; AND
  (X)  INFORMATION  ON  THE AVAILABILITY OF MEDICAL AND LEGAL ASSISTANCE
FOR SUCH CLIENTS.
  (C) THE DIVISION SHALL PROVIDE TECHNICAL ASSISTANCE TO  APPROVED  RAPE
CRISIS  PROGRAMS  TO  IMPLEMENT TRAINING PROGRAMS IN ACCORDANCE WITH THE
MINIMUM STANDARDS SET FORTH IN THIS SUBDIVISION.
  S 2. The executive law is amended by adding a new article 36-B to read
as follows:
                              ARTICLE 36-B
             RAPE CRISIS INTERVENTION AND PREVENTION PROGRAM
SECTION 846-N. SHORT TITLE.
        846-O. DEFINITIONS.
        846-P. AUTHORIZATION OF PROGRAMS.
        846-Q. TECHNICAL ASSISTANCE.

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        846-R. EVALUATION AND REPORTS.
        846-S. ASSISTANCE OF OTHER AGENCIES.
  S  846-N. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "RAPE CRISIS INTERVENTION AND PREVENTION ACT".
  S 846-O. DEFINITIONS. AS USED IN  THIS  ARTICLE  THE  FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  2. "RAPE CRISIS INTERVENTION AND PREVENTION PROGRAM" MEANS ANY PROGRAM
WHICH  HAS BEEN APPROVED BY THE DIVISION OFFERING COUNSELING AND ASSIST-
ANCE TO CLIENTS CONCERNING SEX OFFENSES, SEXUAL ABUSE, OR INCEST.
  3. "COMMUNITY SUPPORT SYSTEM" MEANS A SYSTEM OF SERVICE PROVIDERS IN A
COMMUNITY DESIGNED TO MEET THE NEEDS OF A VICTIM OF A SEX OFFENSE, SEXU-
AL ABUSE OR INCEST.
  4.  "COMPREHENSIVE  SERVICES"  MEANS  HOTLINE,  COUNSELING,  COMMUNITY
PREVENTION,  RECRUITMENT  AND TRAINING PROGRAMS, ACCOMPANIMENT SERVICES,
AND REFERRAL.
  5. "COUNSELING" MEANS INDIVIDUAL COMMUNICATION AND  INTERACTION  WHICH
HELPS  THE CLIENT MAKE CHOICES AND ACT UPON THOSE CHOICES, PROVIDED TO A
CLIENT CONCERNING ANY SEX OFFENSE, SEXUAL ABUSE, INCEST, OR  ATTEMPT  TO
COMMIT A SEX OFFENSE, SEXUAL ABUSE, OR INCEST.
  6.  "CLIENT"  MEANS  ANY PERSON SEEKING OR RECEIVING THE SERVICES OF A
RAPE CRISIS COUNSELOR FOR THE PURPOSE OF SECURING COUNSELING OR  ASSIST-
ANCE  CONCERNING  ANY  SEX  OFFENSE, SEXUAL ABUSE, INCEST, OR ATTEMPT TO
COMMIT A SEX OFFENSE, SEXUAL ABUSE, OR INCEST.
  7. "HOTLINE" MEANS TWENTY-FOUR-HOUR ACCESS TO RAPE CRISIS INTERVENTION
AND PREVENTION SERVICES, INCLUDING TELEPHONE HOTLINE AND TELEPHONE COUN-
SELING CAPABILITIES.
  8. "COMMUNITY PREVENTION" MEANS PUBLIC EDUCATION PROJECTS DESIGNED  TO
ENCOURAGE VICTIM USE OF RAPE CRISIS INTERVENTION SERVICES, EDUCATING THE
GENERAL  PUBLIC  ABOUT  THE AVAILABILITY AND SIGNIFICANCE OF RAPE CRISIS
INTERVENTION SERVICES, PROVIDING SEX OFFENSE,  SEXUAL  ABUSE  OR  INCEST
PREVENTION  AND  PERSONAL  SAFETY INFORMATION, PROVIDING OTHER EDUCATION
PROGRAMS WHICH SENSITIZE SERVICE PROVIDERS AND THE GENERAL PUBLIC  ABOUT
THE  NATURE  OF  SEX  OFFENSES,  SEXUAL ABUSE OR INCEST AND THE NEEDS OF
SURVIVORS OF  A  SEX  OFFENSE,  SEXUAL  ABUSE  OR  INCEST.    "COMMUNITY
PREVENTION"  ALSO  MEANS AND INCLUDES PUBLIC EDUCATION PROJECTS DESIGNED
TO TEACH THE GENERAL PUBLIC ABOUT  THE  PROBLEM  OF  ACQUAINTANCE  RAPE,
INCLUDING BUT NOT LIMITED TO:
  (A)  THE  IMPORTANCE  OF  PROMPTLY  RESPECTING THE DECISION OF ANOTHER
PERSON NOT TO ENGAGE IN SEXUAL CONDUCT; AND
  (B) THE RIGHT OF EVERY INDIVIDUAL TO MAKE SUCH A DECISION AND HAVE  IT
RESPECTED.
  9.  "RECRUITMENT  AND  TRAINING  PROGRAMS"  MEANS PROGRAMS DESIGNED TO
RECRUIT AND TRAIN STAFF OR VOLUNTEERS IN A RAPE CRISIS INTERVENTION  AND
PREVENTION  PROGRAM  AS  WELL AS TRAINING OR EDUCATION TO OTHER AGENCIES
PARTICIPATING IN A COMMUNITY SUPPORT SYSTEM.
  10. "ACCOMPANIMENT SERVICES" MEANS SERVICES THAT ASSURE  THE  PRESENCE
OF  A  TRAINED  RAPE  CRISIS WORKER TO ASSIST AND SUPPORT THE CLIENT, AT
HOSPITALS, LAW ENFORCEMENT AGENCIES, DISTRICT ATTORNEYS' OFFICES, COURTS
AND OTHER AGENCIES.
  11. "REFERRAL" MEANS REFERRAL TO AND ASSISTANCE WITH MEDICAL  SERVICES
AND  SERVICES  OF  CRIMINAL JUSTICE AGENCIES, MENTAL HEALTH AGENCIES, OR
OTHER ENTITIES PROVIDING RELATED SERVICES.
  S 846-P. AUTHORIZATION OF PROGRAMS. 1. THE DIVISION IS HEREBY  AUTHOR-
IZED TO CONTRACT, WITHIN AMOUNTS APPROPRIATED, FOR THE PROVISION OF RAPE
CRISIS  INTERVENTION  AND PREVENTION PROGRAMS AS PROVIDED HEREIN. RULES,

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REGULATIONS AND GUIDELINES AS  SHALL  BE  NECESSARY  OR  APPROPRIATE  TO
ASSURE SUCCESSFUL IMPLEMENTATION OF THIS PROGRAM SHALL BE PROMULGATED BY
THE DIVISION.
  2.  NOTHING  CONTAINED  IN THIS SECTION SHALL PROHIBIT A PROGRAM, WITH
THE APPROVAL OF THE DIVISION,  FROM  SUBCONTRACTING  FOR,  OR  OTHERWISE
ENSURING THAT THE REQUIRED SERVICES ARE AVAILABLE.
  S  846-Q.  TECHNICAL ASSISTANCE. THE DIVISION SHALL PROVIDE OR ARRANGE
TO PROVIDE TECHNICAL ASSISTANCE AS REQUESTED AND NECESSARY  TO  PROGRAMS
TO  DEVELOP  APPROPRIATE SERVICES, TRAIN STAFF, AND IMPROVE COORDINATION
WITH OTHER APPROPRIATE SUPPORT SERVICES, THE CRIMINAL JUSTICE SYSTEM AND
OTHER APPROPRIATE OFFICIALS AND SERVICES.
  S 846-R. EVALUATION AND REPORTS. TO THE EXTENT  RESOURCES  ARE  AVAIL-
ABLE,  THE  DIVISION  SHALL UNDERTAKE A COMPREHENSIVE EVALUATION OF EACH
PROGRAM PERIODICALLY  AND  IN  ADDITION  SHALL  MONITOR  EACH  PROGRAM'S
COMPLIANCE  WITH  THE REQUIREMENTS OF THIS ARTICLE. THE EVALUATION SHALL
MEASURE UNIFORM INDICATORS OF PROGRAM OPERATION AND EFFECTIVENESS.
  S 846-S. ASSISTANCE OF OTHER AGENCIES. TO EFFECTUATE THE  PURPOSES  OF
THIS  ARTICLE,  THE  DIVISION  MAY  REQUEST  FROM ANY DEPARTMENT, BOARD,
BUREAU, COMMISSION OR OTHER AGENCY  OF  THE  STATE,  AND  THE  SAME  ARE
AUTHORIZED  TO PROVIDE SUCH ASSISTANCE, SERVICES AND DATA AS WILL ENABLE
THE DIVISION TO ASSURE THAT THE PROVISIONS AND INTENT  OF  THIS  ARTICLE
ARE CARRIED OUT.
  S  3.  Subdivision  (a)  of section 4510 of the civil practice law and
rules, as added by chapter 432 of the laws of 1993, is amended  to  read
as follows:
  (a)  Definitions. When used in this section, the following terms shall
have the following meanings:
  1. "Rape crisis program" means any office, institution or center which
has been approved  pursuant  to  subdivision  [fifteen  of  section  two
hundred  six  of  the  public  health] NINETEEN OF SECTION EIGHT HUNDRED
THIRTY-SEVEN OF THE EXECUTIVE law, offering counseling and assistance to
clients concerning sexual offenses, sexual abuses or incest.
  2. "Rape crisis counselor" means any person who has been certified  by
an  approved rape crisis program as having satisfied the training stand-
ards specified in subdivision [fifteen of section two hundred six of the
public health] NINETEEN OF SECTION EIGHT  HUNDRED  THIRTY-SEVEN  OF  THE
EXECUTIVE  law, and who, regardless of compensation, is acting under the
direction and supervision of an approved rape crisis program.
  3. "Client" means any person who is seeking or receiving the  services
of  a  rape  crisis  counselor for the purpose of securing counseling or
assistance concerning any  sexual  offenses,  sexual  abuse,  incest  or
attempts  to commit sexual offenses, sexual abuse, or incest, as defined
in the penal law.
  S 4. Subdivision 15 of section 206 of the public health law, as  added
by chapter 432 of the laws of 1993, is REPEALED.
  S 5. Article 6-A of the public health law is REPEALED.
  S  6.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010; provided,
however, the rape crisis programs approved by the department  of  health
prior  to  the  effective date of this act shall remain certified unless
such approval is  terminated  pursuant  to  the  rules  and  regulations
adopted pursuant to section three of this act and that rape crisis coun-
selors certified by such programs shall remain certified for purposes of
section  4510  of the civil practice law and rules; and provided further
that the commissioner of the division of criminal  justice  services  is

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authorized  to promulgate such rules and regulations as may be necessary
to effectuate the purposes of this act prior to such effective date.

                                 PART D

  Section  1.  Paragraphs (b) and (c) of subdivision 2 of section 390.20
of the criminal procedure law, as amended by chapter 413 of the laws  of
1991, are amended to read as follows:
  (b)  A  sentence  of imprisonment for a term in excess of [ninety] ONE
HUNDRED EIGHTY days;
  (c) Consecutive sentences of imprisonment with terms aggregating  more
than [ninety] ONE HUNDRED EIGHTY days.
  S  2.  The opening paragraph of subdivision 1 of section 720.20 of the
criminal procedure law, as amended by chapter 652 of the laws  of  1974,
is amended to read as follows:
  Upon  FELONY  conviction  of an eligible youth, the court must order a
pre-sentence investigation [of the defendant]   AND  MAY  NOT  DETERMINE
YOUTHFUL OFFENDER STATUS AND PRONOUNCE SENTENCE UNLESS IT HAS RECEIVED A
WRITTEN  REPORT OF THE INVESTIGATION.  UPON MISDEMEANOR CONVICTION OF AN
ELIGIBLE YOUTH AND WHERE PARAGRAPH (B) OF THIS SUBDIVISION APPLIES,  THE
COURT  MAY NOT PRONOUNCE A SENTENCE OF PROBATION OR A SENTENCE OF IMPRI-
SONMENT IN EXCESS OF ONE HUNDRED EIGHTY DAYS OR CONSECUTIVE SENTENCES OF
IMPRISONMENT AGGREGATING IN EXCESS OF ONE HUNDRED EIGHTY DAYS UNLESS  IT
HAS  ORDERED  A PRE-SENTENCE INVESTIGATION AND RECEIVED A WRITTEN REPORT
OF THE INVESTIGATION.  [After receipt of a written report of the  inves-
tigation  and  at]  AT  the  time of pronouncing sentence the court must
determine whether or not the eligible  youth  is  a  youthful  offender.
Such determination shall be in accordance with the following criteria:
  S  3.  The opening paragraph of subdivision 6 of section 390.50 of the
criminal procedure law, as added by chapter 866 of the laws of 1980,  is
amended to read as follows:
  Professional licensing agencies. Probation departments shall provide a
copy  of presentence reports prepared in the case of individuals who are
known to be licensed pursuant to title eight of the education law to the
state department of health if the licensee is a  physician,  a  special-
ist's  assistant  or a physician's assistant, and to the state education
department with respect to all other such licensees. Such reports  shall
be  accumulated  and  forwarded every three months, shall be in writing,
MAY BE SUBMITTED IN A HARD COPY OR ELECTRONICALLY, and shall contain the
following information:
  S 4. Subdivision 30 of section 1.20 of the criminal procedure law,  as
amended  by  chapter  265  of  the  laws  of 1976, is amended to read as
follows:
  30. "Bench warrant" means a process of a criminal  court  in  which  a
criminal  action  is pending, directing a police officer, or a uniformed
court officer, pursuant to paragraph  [b]  (B)  of  subdivision  two  of
section 530.70 of this chapter, to take into custody a defendant in such
action  who has previously been arraigned upon the accusatory instrument
by which the action was commenced, and to bring him OR HER  before  such
court.  The  function of a bench warrant is to achieve the court appear-
ance of a defendant in a pending criminal action for some purpose  other
than his initial arraignment in the action.  THE TERM SHALL ALSO INCLUDE
A PROCESS IN WHICH A CRIMINAL PROCEEDING IS PENDING OR IMMINENT, DIRECT-
ING A PROBATION OFFICER OR POLICE OFFICER PURSUANT TO SUBDIVISION TWO OF
SECTION  410.40 OF THIS CHAPTER OR PURSUANT TO SUBDIVISION TWO OR SIX OF
SECTION 530.70 OF THIS CHAPTER, TO TAKE INTO CUSTODY AN INDIVIDUAL UNDER

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PROBATION SUPERVISION AND TO BRING HIM OR  HER  BEFORE  THE  COURT.  FOR
PURPOSES  OF THIS DEFINITION, ANY WARRANT ISSUED UPON REASONABLE GROUNDS
TO BELIEVE THAT SUCH AN INDIVIDUAL HAS VIOLATED A CONDITION  OF  HIS  OR
HER  TERM  OF RELEASE UNDER PROBATION SUPERVISION OR FAILED TO APPEAR IN
CONNECTION WITH THE VIOLATION OF PROBATION ACTION SHALL BE RECOGNIZED AS
A BENCH WARRANT AND CONSTRUED AS A PROBATION  WARRANT  FOR  PURPOSES  OF
SUBDIVISION TWO OF SECTION TWO HUNDRED TWENTY-ONE OF THE EXECUTIVE LAW.
  S  5. Subdivisions 1 and 2 of section 410.92 of the criminal procedure
law, subdivision 1 as added by chapter 377  of  the  laws  of  2007  and
subdivision  2 as amended by chapter 16 of the laws of 2008, are amended
to read as follows:
  1. The division of [probation and correctional alternatives]  CRIMINAL
JUSTICE  SERVICES  shall  [establish  a  pilot project to] implement the
provisions of this section.  [Such pilot project shall be established in
four counties designated by the division of probation  and  correctional
alternatives  provided  that  each  such  county  shall be in a distinct
region of the state outside of the city of New York.] The [state  direc-
tor  of  probation  and  correctional  alternatives] COMMISSIONER OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES shall  have  the  power  to  adopt
rules  and  regulations  necessary  to effectuate the provisions of this
section.
  2. A person under  probation  supervision  for  conviction  of  a  sex
offense  or  a  sexually  violent  offense, as such terms are defined by
subdivision two or three of section one  hundred  sixty-eight-a  of  the
correction  law,  [or] a family offense as defined in subdivision one of
section 530.11 of this chapter, CONVICTION OF A CRIME DEFINED IN SECTION
ONE HUNDRED SIXTY-EIGHT-T OF THE CORRECTION LAW, OR CONVICTION OF CRIMI-
NAL CONTEMPT IN THE FIRST DEGREE  OR  AGGRAVATED  CRIMINAL  CONTEMPT  AS
DEFINED  IN  SECTIONS  215.51  AND  215.52  OF  THE PENAL LAW, WHERE THE
CONDUCT UNDERLYING SUCH CRIMINAL CONTEMPT CONVICTION IS RELATED TO A SEX
OFFENSE, A SEXUALLY VIOLENT  OFFENSE,  A  FAMILY  OFFENSE,  OR  A  CRIME
DEFINED  IN SECTION ONE HUNDRED SIXTY-EIGHT-T OF THE CORRECTION LAW, who
has been taken into custody pursuant to section 410.40 or section 410.50
of this article in a county designated pursuant to  subdivision  one  of
this  section  for  violation  of a condition of a sentence of probation
must forthwith be brought before the court that  imposed  the  sentence.
Where  the  court that imposed sentence is a local criminal court and no
judge from that court is available, and such person has been taken  into
custody  pursuant to subdivision four of section 410.50 of this article,
such person shall be brought before any available alternative  court  as
described  in  subdivision five of section 120.90 of this chapter. Where
the court that imposed the sentence is a superior  court  and  no  judge
from  that  court  is available, such person shall be brought before any
available local criminal court in the same county. When no such alterna-
tive court is available, the probation officer shall  report  such  fact
and  such efforts to locate an available alternative court to the direc-
tor or deputy director of the local probation department, and  thereupon
a  warrant  may  be  issued  by such director or deputy director for the
temporary detention of such person upon  that  official's  determination
that  a  public safety risk requires that the probationer be immediately
taken into custody. A warrant issued pursuant to this subdivision  shall
constitute sufficient authority to the superintendent or other person in
charge  of any jail, penitentiary, lockup or detention pen to whom it is
delivered to hold in  temporary  detention  the  person  named  therein.
During  such period of temporary detention, a warrant issued pursuant to

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this subdivision shall have the same effect as a  warrant  issued  by  a
court pursuant to subdivision two of section 410.40 of this article.
  S  6.  The  criminal  procedure law is amended by adding a new section
570.51 to read as follows:
S 570.51 PRE-SIGNED WAIVER OF EXTRADITION.
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A LAW  ENFORCEMENT  AGENCY
IN  THE  STATE  OF  NEW  YORK  HOLDING  A  PERSON WHO IS ALLEGED TO HAVE
VIOLATED THE TERMS OR CONDITIONS OF HIS OR HER PROBATION,  PAROLE,  BAIL
OR  ANY  OTHER  RELEASE IN THE DEMANDING STATE SHALL IMMEDIATELY DELIVER
THAT PERSON TO THE DULY AUTHORIZED AGENT OF THE DEMANDING STATE  WITHOUT
THE REQUIREMENT OF A GOVERNOR'S WARRANT IF THE FOLLOWING APPLY:
  1.    THE PERSON HAS PREVIOUSLY SIGNED A WRITTEN WAIVER OF EXTRADITION
AS A TERM OF HIS OR HER CURRENT PROBATION, PAROLE, BAIL OR OTHER RELEASE
IN THE DEMANDING STATE;
  2. THE LAW ENFORCEMENT AGENCY  HOLDING  THE  PERSON  HAS  RECEIVED  AN
AUTHENTICATED  COPY  OF  THE  WRITTEN  WAIVER  OF EXTRADITION PREVIOUSLY
SIGNED BY THE PERSON AND PHOTOGRAPHS OR FINGERPRINTS OR  OTHER  EVIDENCE
PROPERLY IDENTIFYING THE PERSON AS THE PERSON WHO SIGNED THE WAIVER; AND
  3.  ALL  OPEN  CRIMINAL  CHARGES  IN  THE  STATE OF NEW YORK HAVE BEEN
DISPOSED OF THROUGH TRIAL AND SENTENCING.
  S 7. Section 60.27 of the penal law is amended by adding a new  subdi-
vision 14 to read as follows:
  14.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHENEVER IT SHALL
APPEAR TO THE SATISFACTION OF THE APPROPRIATE DISTRICT ATTORNEY, THAT AN
ORDER OF RESTITUTION THAT IS PART OF ANY DISPOSITION DOES NOT INCLUDE AN
AMOUNT OWED TO A VICTIM, DOES NOT REFLECT THE AMOUNT WHICH  WAS  IMPOSED
BY  THE  COURT  OR  AGREED  TO BY ALL PARTIES, AS THE CASE MAY BE, OR IS
CONTRARY TO APPLICABLE LAW, IT SHALL BE HIS OR HER DUTY  TO  IMMEDIATELY
MOVE TO SET ASIDE SUCH SENTENCE PURSUANT TO SECTION 440.40 OF THE CRIMI-
NAL PROCEDURE LAW.
  (B)  WHERE  A  TRANSFER  OF PROBATION HAS OCCURRED PURSUANT TO SECTION
410.80 OF THE CRIMINAL PROCEDURE LAW AND THE PROBATIONER IS SUBJECT TO A
RESTITUTION CONDITION, THE DEPARTMENT OF  PROBATION  IN  THE  COUNTY  IN
WHICH  THE ORDER OF RESTITUTION WAS IMPOSED SHALL NOTIFY THE APPROPRIATE
DISTRICT ATTORNEY. UPON NOTIFICATION BY  THE  DEPARTMENT  OF  PROBATION,
SUCH  DISTRICT ATTORNEY SHALL FILE A CERTIFIED COPY OF THE JUDGMENT WITH
THE CLERK OF THE COUNTY IN THE RECEIVING JURISDICTION  FOR  PURPOSES  OF
ESTABLISHING A FIRST LIEN AND TO PERMIT INSTITUTION OF CIVIL PROCEEDINGS
PURSUANT  TO  THE PROVISIONS OF SUBDIVISION SIX OF SECTION 420.10 OF THE
CRIMINAL PROCEDURE LAW.
  S 8. Paragraph (b) of subdivision 3 of section 65.10 of the penal  law
is amended to read as follows:
  (b) Remain within the jurisdiction of the court unless granted permis-
sion  to  leave  by  the  court or the probation officer[; and]. WHERE A
DEFENDANT IS GRANTED PERMISSION TO MOVE OR TRAVEL OUTSIDE THE  JURISDIC-
TION OF THE COURT, THE DEFENDANT SHALL SIGN A WRITTEN WAIVER OF EXTRADI-
TION  AGREEING  TO  WAIVE EXTRADITION PROCEEDINGS AND NOT TO CONTEST ANY
EFFORT BY ANY JURISDICTION TO RETURN THE DEFENDANT TO THIS STATE.  WHERE
ANY COUNTY OR THE CITY OF NEW YORK  INCURS  COSTS  ASSOCIATED  WITH  THE
RETURN  OF  ANY  PROBATIONER,  THE JURISDICTION MAY COLLECT THE EXPENSES
INVOLVED IN CONNECTION WITH HIS OR HER RETURN, FROM THE PROBATIONER.
  S 9. 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] 2013.

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  S 10. The section heading and subdivisions 1, 2, 3 and  4  of  section
246  of  the executive law, the section heading and subdivisions 2 and 4
as added by chapter 479 of the laws of 1970, subdivisions  1  and  3  as
amended  by chapter 134 of the laws of 1985, and the second undesignated
paragraph of subdivision 4 as amended by chapter 55 of the laws of 1992,
are amended to read as follows:
  State  [reimbursement]  AID  for probation services. 1. The program of
state aid to county probation services shall be [continued. It shall be]
administered by the division of  [probation  and  correctional  alterna-
tives] CRIMINAL JUSTICE SERVICES with the advice of the [state probation
commission]  DIRECTOR OF THE OFFICE OF PROBATION AND CORRECTIONAL ALTER-
NATIVES.  Funds appropriated to the division for distribution  as  state
aid  to  county  probation services and to the probation services of New
York city shall be distributed by the division in accordance  with  [the
provisions  of  this  section, and] rules AND REGULATIONS adopted by the
[director] COMMISSIONER OF THE DIVISION  OF  CRIMINAL  JUSTICE  SERVICES
after consultation with the [state probation commission] DIRECTOR OF THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES.
  2.  State aid shall be granted to the city of New York and the respec-
tive counties outside the city of New York [only to the extent of  reim-
bursing  fifty  per  centum  of  the  approved]  FOR  expenditures TO BE
incurred by the county  or  city  in  maintaining  and  improving  local
probation  services  SUBJECT  TO  AMOUNTS APPROPRIATED FOR THIS PURPOSE.
[It] STATE AID GRANTS shall not [include] BE USED FOR  expenditures  for
capital additions or improvements, or for debt service costs for capital
improvements.
  State aid shall be granted by the [director] COMMISSIONER OF THE DIVI-
SION  OF  CRIMINAL  JUSTICE  SERVICES after consultation with the [state
probation commission] DIRECTOR OF THE OFFICE OF  PROBATION  AND  CORREC-
TIONAL ALTERNATIVES, provided the respective counties or the city of New
York  conform  to  standards relating to the administration of probation
services as adopted by the [director] COMMISSIONER OF  THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES after consultation with the [state probation
commission] DIRECTOR OF THE OFFICE OF PROBATION AND CORRECTIONAL  ALTER-
NATIVES.
  3.  Applications  from  counties or the city of New York for state aid
under this section  shall  be  made  by  filing  with  the  division  of
[probation  and  correctional alternatives] CRIMINAL JUSTICE SERVICES, a
detailed plan, including cost estimates covering probation services  for
the  fiscal year or portion thereof for which aid is requested. Included
in such estimates shall be clerical costs and maintenance and  operation
costs  as  well as salaries of probation personnel and such other perti-
nent information as the [director] COMMISSIONER OF THE DIVISION OF CRIM-
INAL JUSTICE SERVICES may require. Items for which [reimbursement] STATE
AID is requested under this section shall  be  duly  designated  in  the
estimates  submitted.  The  [director]  COMMISSIONER  OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES, after consultation with the [state  probation
commission]  DIRECTOR OF THE OFFICE OF PROBATION AND CORRECTIONAL ALTER-
NATIVES, shall approve such plan if it conforms to standards relating to
the administration of probation  services  as  specified  in  the  rules
adopted by him OR HER.
  4.  An  approved  plan  and  compliance with standards relating to the
administration of  probation  services  promulgated  by  the  [director]
COMMISSIONER  OF  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES shall be a
prerequisite to eligibility for [reimbursement] STATE AID.  [At the  end
of  each  quarter,  each county outside the city of New York approved as

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eligible for reimbursement under this section, and the city of New  York
if  approved  as  eligible  for  reimbursement under this section, shall
submit to the division, in such form as the director requires,  a  veri-
fied  accounting  of all expenditures made by the county, or the city of
New York, in providing probation services. Such accounting shall  desig-
nate  those  items  for  which  reimbursement  is  claimed, and shall be
presented together with a claim for reimbursement.
  In submitting a claim for reimbursement each] THE COMMISSIONER OF  THE
DIVISION OF CRIMINAL JUSTICE SERVICES MAY TAKE INTO CONSIDERATION GRANT-
ING  ADDITIONAL  STATE  AID FROM AN APPROPRIATION MADE FOR STATE AID FOR
COUNTY PROBATION SERVICES FOR COUNTIES OR THE CITY OF NEW  YORK  WHEN  A
COUNTY  OR  THE  CITY OF NEW YORK DEMONSTRATES THAT ADDITIONAL PROBATION
SERVICES WERE DEDICATED TO  INTENSIVE  SUPERVISION  PROGRAMS,  INTENSIVE
PROGRAMS  FOR  SEX OFFENDERS OR PROGRAMS DEFINED AS JUVENILE RISK INTER-
VENTION SERVICES. THE ADMINISTRATION OF SUCH ADDITIONAL GRANTS SHALL  BE
MADE  ACCORDING TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER
OF THE DIVISION OF CRIMINAL JUSTICE SERVICES. EACH county and  the  city
of New York shall certify the total amount collected pursuant to section
two  hundred  fifty-seven-c of this chapter [during the period for which
such reimbursement is claimed]. The [director] COMMISSIONER OF THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES shall thereupon certify to  the  comp-
troller  for  payment  by  the  state out of funds appropriated for that
purpose, the amount to which the county or the city of New York shall be
entitled under this section.
  S 11. The second undesignated paragraph of subdivision  4  of  section
246  of  the executive law, as added by chapter 479 of the laws of 1970,
is amended to read as follows:
  The [director]  COMMISSIONER  OF  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  shall  thereupon certify to the comptroller for payment by the
state out of funds appropriated for that purpose, the  amount  to  which
the county or the city of New York shall be entitled under this section.
  S 12. This act shall take effect immediately; provided, however, that:
  (a)  sections  one,  two,  three, four, five, six, seven, and eight of
this act shall take effect on the ninetieth  day  after  it  shall  have
become a law;
  (b) the provisions of section nine of this act shall be deemed to have
been in full force and effect on or after March 31, 2010;
  (c)  the  amendments  to subdivisions 1 and 2 of section 410.92 of the
criminal procedure law made by section five of this act shall not affect
the repeal of such section and shall be deemed repealed therewith; and
  (d) the amendments to the second undesignated paragraph of subdivision
4 of section 246 of the executive law made by section ten  of  this  act
shall not affect the expiration and reversion of such undesignated para-
graph  and  shall expire therewith when upon such date the provisions of
section eleven of this act shall take effect.

                                 PART E

  Section 1. The executive law is amended by  adding  two  new  sections
837-s and 837-t to read as follows:
  S 837-S. OFFICE OF INDIGENT DEFENSE. 1. THERE IS HEREBY CREATED WITHIN
THE DIVISION THE OFFICE OF INDIGENT DEFENSE, HEREINAFTER IN THIS SECTION
REFERRED TO AS "THE OFFICE". THE OFFICE SHALL OPERATE UNDER THE ADMINIS-
TRATIVE  SUPERVISION  OF  THE DIVISION AND EMPLOYEES OF THE OFFICE SHALL
ABIDE BY ALL ADMINISTRATIVE POLICIES, PROCEDURES, AND REGULATIONS OF THE
DIVISION; PROVIDED THAT THE OFFICE SHALL FUNCTION INDEPENDENTLY  OF  THE

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DIVISION  REGARDING  THE  ESTABLISHMENT  OF POLICY AND STANDARDS FOR THE
PROVISION OF INDIGENT DEFENSE SERVICES AND SHALL REPORT DIRECTLY TO  THE
INDIGENT  DEFENSE  BOARD  ESTABLISHED  PURSUANT TO SECTION EIGHT HUNDRED
THIRTY-SEVEN-T OF THIS ARTICLE REGARDING THE ESTABLISHMENT OF POLICY AND
STANDARDS FOR THE PROVISION OF INDIGENT DEFENSE SERVICES.
  2.  (A)  THE GOVERNOR SHALL APPOINT A DIRECTOR OF THE OFFICE WHO SHALL
SERVE AT THE PLEASURE OF THE GOVERNOR. THE PERSON APPOINTED AS  DIRECTOR
SHALL,  UPON  HIS OR HER APPOINTMENT, HAVE BEEN ADMITTED TO PRACTICE LAW
IN THE STATE OF NEW YORK AND SHALL HAVE NOT LESS THAN FIVE YEARS PROFES-
SIONAL EXPERIENCE IN THE AREA OF INDIGENT DEFENSE.
  (B) THE COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR, SHALL APPOINT
EMPLOYEES AND PERFORM SUCH OTHER FUNCTIONS TO ENSURE THE EFFICIENT OPER-
ATION OF THE OFFICE WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR BY APPRO-
PRIATION.
  3. DUTIES AND RESPONSIBILITIES. THE OFFICE SHALL, IN CONSULTATION WITH
THE INDIGENT DEFENSE BOARD, HAVE THE FOLLOWING DUTIES  AND  RESPONSIBIL-
ITIES:
  (A)  TO  EXAMINE  AND  EVALUATE  INDIGENT DEFENSE SERVICES PROVIDED TO
INDIGENT CRIMINAL DEFENDANTS IN EACH COUNTY;
  (B) TO COLLECT INFORMATION AND DATA REGARDING THE PROVISION  OF  INDI-
GENT DEFENSE SERVICES INCLUDING, BUT NOT LIMITED TO:
  (I)  THE TYPES AND COMBINATIONS OF DEFENDER SYSTEMS NOW BEING UTILIZED
IN EACH COUNTY;
  (II) THE EXISTING PUBLIC DEFENDER SALARY SCALE STATEWIDE;
  (III) THE ACTUAL YEARLY CASELOADS OF ATTORNEYS PROVIDING  SERVICES  TO
INDIGENT CRIMINAL DEFENDANTS AS PUBLIC DEFENDERS, LEGAL AID ATTORNEYS OR
PURSUANT  TO  ANY OTHER CITY OR COUNTY PLAN FOR REPRESENTATION PLACED IN
OPERATION PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW;
  (IV) HOW THE YEARLY CASELOADS OF INDIGENT DEFENSE COUNSEL COMPARE WITH
THE YEARLY CASELOADS OF PROSECUTORS IN EACH COUNTY;
  (V) DISPOSITION RATES, INCLUDING WHETHER BY DISMISSAL OF CHARGES, PLEA
OR TRIAL, OF PUBLIC DEFENSE ATTORNEYS ACTING UNDER EACH TYPE OF INDIGENT
DEFENSE PLAN;
  (VI) THE AVERAGE NUMBER OF ATTORNEY HOURS  CURRENTLY  BEING  SPENT  IN
EACH COUNTY TO DEFEND AGAINST DIFFERENT TYPES OF CRIMINAL CHARGES;
  (VII) ACTUAL EXPENDITURES CURRENTLY BEING MADE IN EACH COUNTY ON CRIM-
INAL DEFENSE AND PROSECUTION SERVICES;
  (VIII)  THE FUNDS CURRENTLY BEING SPENT ON CRIMINAL DEFENSE AND PROSE-
CUTION SERVICES, AND THE AMOUNT BEING SPENT ON ANCILLARY SERVICES,  SUCH
AS INVESTIGATORS, SUPPORT STAFF, SOCIAL WORKERS, AND EXPERT WITNESSES;
  (IX)  THE  STANDARDS  AND  CRITERIA  USED  IN EACH COUNTY TO DETERMINE
WHETHER A CRIMINAL DEFENDANT  IS  ELIGIBLE  TO  RECEIVE  PUBLIC  DEFENSE
SERVICES; AND
  (X) THE STANDARDS AND CRITERIA USED IN EACH COUNTY TO DETERMINE WHETH-
ER  AN ATTORNEY IS QUALIFIED TO PROVIDE SERVICES AS A PUBLIC DEFENDER, A
LEGAL AID ATTORNEY OR PURSUANT TO ANY OTHER  CITY  OR  COUNTY  PLAN  FOR
REPRESENTATION PLACED IN OPERATION PURSUANT TO ARTICLE EIGHTEEN-B OF THE
COUNTY LAW, INCLUDING AS ASSIGNED COUNSEL ON A CASE BY CASE BASIS;
  (C)  TO  ANALYZE  AND  EVALUATE  THE COLLECTED DATA, AND UNDERTAKE ANY
NECESSARY RESEARCH AND STUDIES, IN ORDER TO CONSIDER AND RECOMMEND MEAS-
URES TO ENHANCE THE PROVISION OF DEFENSE SERVICES TO INDIGENT DEFENDANTS
AND TO ENSURE  THAT  INDIGENT  CRIMINAL  DEFENDANTS  ARE  PROVIDED  WITH
CONSTITUTIONALLY  EFFECTIVE  REPRESENTATION IN A MANNER THAT IS FISCALLY
RESPONSIBLE FOR COUNTIES AND THE STATE, WHICH MAY  INCLUDE  BUT  NOT  BE
LIMITED TO: ESTABLISHING A DEFINITION OF INDIGENCY AND UNIFORM STANDARDS
AND  PROCEDURES  TO  GUIDE  COURTS IN DETERMINING WHETHER A DEFENDANT IS

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ELIGIBLE FOR INDIGENT  DEFENSE  SERVICES;  AND  ESTABLISHING  STANDARDS,
CRITERIA  AND  A  PROCESS  FOR  QUALIFYING  ATTORNEYS TO PROVIDE DEFENSE
SERVICES TO INDIGENT CRIMINAL DEFENDANTS;
  (D)  TO  DEVELOP  RECOMMENDATIONS  TO  IMPROVE THE DELIVERY OF DEFENSE
SERVICES STATEWIDE IN A MANNER THAT IS CONSISTENT WITH THE NEEDS OF  THE
COUNTIES, THE EFFICIENCY AND ADEQUACY OF THE INDIGENT DEFENSE PLAN OPER-
ATED  IN  THE  COUNTIES AND THE QUALITY OF REPRESENTATION OFFERED, WHICH
MAY INCLUDE THE DISTRIBUTION OF GRANTS PURSUANT TO SPECIFIED CRITERIA;
  (E) TO DEVELOP  RECOMMENDATIONS  REGARDING  THE  DISTRIBUTION  OF  ANY
MONIES  APPROPRIATED  FOR  INDIGENT  DEFENSE SERVICES, INCLUDING BUT NOT
LIMITED TO MONIES FROM THE INDIGENT LEGAL SERVICES FUND,  FOR  CONSIDER-
ATION BY THE INDIGENT DEFENSE BOARD;
  (F)  TO  INVESTIGATE  AND MONITOR ANY OTHER MATTER RELATED TO INDIGENT
DEFENSE SERVICES THAT THE EXECUTIVE DIRECTOR DEEMS IMPORTANT;
  (G) TO REQUEST AND  RECEIVE  FROM  ANY  DEPARTMENT,  DIVISION,  BOARD,
BUREAU,  COMMISSION OR OTHER AGENCY OF THE STATE OR ANY POLITICAL SUBDI-
VISION THEREOF OR ANY PUBLIC AUTHORITY SUCH ASSISTANCE, INFORMATION  AND
DATA  AS  WILL  ENABLE  THE  OFFICE PROPERLY TO CARRY OUT ITS FUNCTIONS,
POWERS AND DUTIES;
  (H) TO PRESENT FINDINGS AND MAKE RECOMMENDATIONS FOR CONSIDERATION  BY
THE  INDIGENT  DEFENSE  BOARD  AS  ESTABLISHED PURSUANT TO SECTION EIGHT
HUNDRED THIRTY-SEVEN-T OF THIS ARTICLE; AND
  (I) TO EXECUTE DECISIONS OF THE  INDIGENT  DEFENSE  BOARD  ESTABLISHED
PURSUANT  TO  SECTION  EIGHT  HUNDRED  THIRTY-SEVEN-T  OF  THIS ARTICLE,
INCLUDING THE DISTRIBUTION OF FUNDS.
  S 837-T. INDIGENT DEFENSE BOARD. 1. THERE IS HEREBY CREATED WITHIN THE
DIVISION THE INDIGENT DEFENSE BOARD, HEREINAFTER  REFERRED  TO  IN  THIS
SECTION  AS  THE BOARD, WHICH SHALL CONSIST OF NINE MEMBERS WHO SHALL BE
APPOINTED AS FOLLOWS:
  (A) ONE SHALL BE THE CHIEF JUDGE OF THE COURT OF APPEALS, WHO SHALL BE
THE CHAIR OF THE BOARD;
  (B) ONE SHALL BE APPOINTED BY THE GOVERNOR ON  RECOMMENDATION  OF  THE
TEMPORARY PRESIDENT OF THE SENATE;
  (C)  ONE  SHALL  BE APPOINTED BY THE GOVERNOR ON RECOMMENDATION OF THE
SPEAKER OF THE ASSEMBLY;
  (D) ONE SHALL BE APPOINTED BY THE GOVERNOR FROM A  LIST  OF  AT  LEAST
FOUR NOMINEES SUBMITTED BY THE NEW YORK STATE BAR ASSOCIATION;
  (E)  TWO  SHALL  BE  APPOINTED BY THE GOVERNOR FROM A LIST OF AT LEAST
FOUR NOMINEES SUBMITTED BY THE NEW YORK STATE ASSOCIATION OF COUNTIES;
  (F) ONE SHALL BE APPOINTED BY THE GOVERNOR AND SHALL  BE  AN  ATTORNEY
WHO  HAS  PROVIDED  INDIGENT DEFENSE SERVICES AS AN EMPLOYEE OF A PUBLIC
DEFENDER'S OFFICE FOR AT LEAST FIVE YEARS; AND
  (G) TWO SHALL BE APPOINTED BY THE GOVERNOR.
  2. ALL MEMBERS OF THE BOARD SHALL BE APPOINTED FOR TERMS OF TWO YEARS,
SUCH TERMS TO COMMENCE ON APRIL FIRST, AND EXPIRE ON MARCH THIRTY-FIRST,
EXCEPT THE CHIEF JUDGE OF THE COURT OF APPEALS WHO SHALL SERVE EX  OFFI-
CIO. ANY MEMBER CHOSEN TO FILL A VACANCY CREATED OTHERWISE THAN BY EXPI-
RATION  OF  TERM SHALL BE APPOINTED FOR THE UNEXPIRED TERM OF THE MEMBER
WHOM HE OR SHE IS TO SUCCEED. VACANCIES CAUSED BY EXPIRATION OF  A  TERM
OR  OTHERWISE  SHALL  BE  FILLED IN THE SAME MANNER AS ORIGINAL APPOINT-
MENTS. ANY MEMBER MAY BE REAPPOINTED FOR ADDITIONAL TERMS.
  3. MEMBERSHIP ON THE BOARD SHALL NOT  CONSTITUTE  THE  HOLDING  OF  AN
OFFICE,  AND MEMBERS OF THE BOARD SHALL NOT BE REQUIRED TO TAKE AND FILE
OATHS OF OFFICE BEFORE SERVING ON THE BOARD. THE BOARD  SHALL  NOT  HAVE
THE RIGHT TO EXERCISE ANY PORTION OF THE SOVEREIGN POWER OF THE STATE.

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  4.  THE  BOARD  SHALL  MEET  AT LEAST FOUR TIMES IN EACH YEAR. SPECIAL
MEETINGS MAY BE CALLED BY THE CHAIR AND SHALL BE  CALLED  BY  THE  CHAIR
UPON  THE  WRITTEN  REQUEST  OF FIVE MEMBERS OF THE BOARD. THE BOARD MAY
ESTABLISH ITS OWN PROCEDURES WITH RESPECT TO THE CONDUCT OF ITS MEETINGS
AND  OTHER  AFFAIRS;  PROVIDED,  HOWEVER,  THAT  THE QUORUM AND MAJORITY
PROVISIONS OF SECTION FORTY-ONE OF THE GENERAL  CONSTRUCTION  LAW  SHALL
GOVERN ALL ACTIONS TAKEN BY THE BOARD.
  5.  THE  MEMBERS  OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT SHALL  BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR FUNCTIONS HEREUNDER.
  6.  NO  MEMBER  OF  THE  BOARD  SHALL BE DISQUALIFIED FROM HOLDING ANY
PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
OR EMPLOYMENT, BY REASON OF HIS OR HER APPOINTMENT  HEREUNDER,  NOTWITH-
STANDING  THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE
OR CITY CHARTER.
  7. THE BOARD SHALL HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:
  (A) TO EVALUATE EXISTING INDIGENT DEFENSE PROGRAMS AND  DETERMINE  THE
TYPE  OF  INDIGENT  DEFENSE SERVICES THAT SHOULD BE PROVIDED IN NEW YORK
STATE TO BEST SERVE THE INTERESTS OF INDIGENT DEFENDANTS;
  (B) TO CONSULT WITH AND ADVISE  THE  OFFICE  OF  INDIGENT  DEFENSE  IN
CARRYING OUT THE DUTIES AND RESPONSIBILITIES OF SUCH OFFICE;
  (C)  TO ACCEPT, REJECT OR MODIFY RECOMMENDATIONS MADE BY THE OFFICE OF
INDIGENT DEFENSE REGARDING THE ALLOCATION OF  FUNDS  FROM  THE  INDIGENT
LEGAL  SERVICES  FUND  AND  THE  AWARDING OF GRANTS, INCLUDING INCENTIVE
GRANTS; AND
  (D) TO ADVISE THE GOVERNOR AND LEGISLATURE  AND  MAKE  RECOMMENDATIONS
REGARDING THE PROVISION OF INDIGENT DEFENSE SERVICES IN NEW YORK STATE.
  S  2. Section 98-b of the state finance law, as added by section 12 of
part J of chapter 62 of the laws of 2003, subdivision 3  as  amended  by
section  1 of part H of chapter 56 of the laws of 2004 and paragraph (b)
of subdivision 3 as amended by section 1 of part G of chapter 56 of  the
laws of 2005, is amended to read as follows:
  S  98-b.  Indigent legal services fund. 1. There is hereby established
in the joint custody of the comptroller and the commissioner of taxation
and finance a special fund to be known as the  indigent  legal  services
fund.
  2.  Such fund shall consist of all moneys appropriated for the purpose
of such fund, all other moneys required to be paid into or  credited  to
such fund, and all moneys received by the fund or donated to it.
  3.  (a) [As provided in this subdivision, moneys received by the indi-
gent legal services fund each calendar year from January  first  through
December  thirty-first  shall be made available by the state comptroller
in the immediately succeeding calendar year to (i) assist counties  and,
in  the  case  of a county wholly contained within a city, such city, in
providing legal representation for persons who are financially unable to
afford counsel pursuant to article eighteen-B of  the  county  law;  and
(ii)  assist  the  state, in funding representation provided by assigned
counsel paid in accordance with section  thirty-five  of  the  judiciary
law.  Moneys  from the fund shall be distributed at the direction of the
state comptroller in accordance with the provisions of this subdivision.
  (b) (i) Commencing on March thirty-first, two  thousand  five,  moneys
from  such fund shall first be made available, in the calendar year next
succeeding the calendar year in which collected, to reimburse the  state
for  payments,  made  in  the previous calendar year, for] THE OFFICE OF
COURT ADMINISTRATION MAY EXPEND A PORTION OF THE FUNDS AVAILABLE IN  THE
INDIGENT LEGAL SERVICES FUND TO SUPPORT assigned counsel paid in accord-

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ance  with section thirty-five of the judiciary law, up to an annual sum
of twenty-five million dollars.
  [(ii) Commencing with the payment on April first, two thousand five or
as  soon  thereafter  as  practicable, and subsequent quarterly payments
thereafter, moneys from such fund shall be available  to  reimburse  the
state  for  providing funding for legal representation in periods and at
rates of compensation in effect after January first, two  thousand  four
in  accordance  with  section  thirty-five  of  the judiciary law, in an
amount equal to such funding provided during the preceding quarter, less
the amount of funding provided during that quarter  in  accordance  with
such  section  at  rates  of compensation in effect immediately prior to
January first, two thousand four, up to but not  exceeding  six  million
two hundred fifty thousand dollars per quarter.
  (c)  The  balance of moneys received by such fund shall be distributed
by the state comptroller, in  the  calendar  year  next  succeeding  the
calendar  year  in  which  collected,  to counties and, in the case of a
county wholly contained within a city, such city, to assist  such  coun-
ties and such city in providing representation pursuant to article eigh-
teen-B  of  the county law. The amount to be made available each year to
such counties and such city shall be calculated by the state comptroller
as follows:
  (i) The county executive or chief executive officer of each county or,
in the case of a county wholly contained within a city, such city shall,
in accordance with subdivision two of section seven hundred twenty-two-f
of the county law, certify to the state comptroller, by March  first  of
each  year,  the total expenditure of local funds by each such county or
city, during the period January first through December  thirty-first  of
the  previous  calendar  year,  for  providing  legal  representation to
persons who were financially unable to afford counsel, pursuant to arti-
cle eighteen-B of the county law.
  (ii) The state comptroller shall then total the amount of local  funds
expended by all such counties and such city to determine the sum of such
moneys  expended  by  all such counties and such city for providing such
representation in such calendar year.
  (iii) The state comptroller shall then calculate the percentage  share
of  the statewide sum of such expenditures for each county and such city
for such calendar year.
  (iv) The state comptroller shall then determine:
  (A) the fund amount available to be distributed pursuant to this para-
graph, which shall be the amount received by the indigent legal services
fund in the immediately preceding calendar year, minus the amount to  be
distributed  to  the  state  under  paragraph  (b)  of  this subdivision
provided, however, that with respect to the first payment made to  coun-
ties  and  such  city  on  March  thirty-first,  two thousand five, such
payment shall be made from the amounts received by  the  indigent  legal
services fund in the immediately preceding two calendar years, minus the
amount to be distributed to the state under paragraph (b) of this subdi-
vision; and
  (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.]
  (B)  AN  ANNUAL SUM OF FORTY MILLION DOLLARS SHALL BE AVAILABLE TO THE
CITY OF NEW YORK FOR THE PROVISION OF INDIGENT DEFENSE SERVICES.

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  (C) REMAINING MONEYS RECEIVED BY  THE  INDIGENT  LEGAL  SERVICES  FUND
SHALL   BE   DISTRIBUTED  IN  ACCORDANCE  WITH  SECTIONS  EIGHT  HUNDRED
THIRTY-SEVEN-S AND EIGHT HUNDRED THIRTY-SEVEN-T  OF  THE  EXECUTIVE  LAW
WITHIN AMOUNTS APPROPRIATED THEREIN.
  (d)  All  payments  from  this  account  shall  be  made upon vouchers
approved and certified and upon audit and warrant  of  the  state  comp-
troller.  The state comptroller shall, as soon as practicable, make such
payments to the state and each county  and  each  city  in  a  lump  sum
payment.
  [4.  Maintenance of effort. (a) As used in this section, "local funds"
shall mean all funds appropriated or allocated by a county  or,  in  the
case of a county wholly contained within a city, such city, for services
and  expenses  in  accordance with article eighteen-B of the county law,
other than funds received from: (i) the federal government or the state;
or (ii) a private source, where  such  city  or  county  does  not  have
authority  or  control  over  the  payment of such funds by such private
source.
  (b) State funds received by a county or city pursuant  to  subdivision
three  of  this section shall be used to supplement and not supplant any
local funds which such county or city would otherwise have had to expend
for the  provision  of  counsel  and  expert,  investigative  and  other
services  pursuant  to  article  eighteen-B  of the county law. All such
state funds received by a county or city shall be used  to  improve  the
quality of services provided pursuant to article eighteen-B of the coun-
ty law.
  (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
provided, however, that with respect to the report filed in two thousand
six  regarding  calendar  year  two  thousand  five, such maintenance 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 calen-
dar 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, 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. For purposes of this subpar-
agraph, 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 provid-
ing such services; the total caseload handled by such attorneys, experts
and investigators as such relates to the time expended in each case  and

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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 experience; 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  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.

                                 PART F

  Section 1.  Section 716 of the county law, as amended by  chapter  714
of the laws of 1966, is amended to read as follows:
  S 716. Public defender AND CONFLICT DEFENDER; appointment; term; other
employees.  1.  The  board  of  supervisors  of any county may create an
office of public defender, or may authorize a contract between its coun-
ty and one or more other such counties to create  an  office  of  public
defender  to  serve such counties. A city may create an office of public
defender in any county wholly contained within its borders and such city
shall possess with respect to such office all the powers conferred  upon
a  board  of supervisors by the provisions of this article. The board or
boards of supervisors may designate an attorney-at-law as public  defen-
der  and  shall  fix  his  OR  HER term and compensation. Subject to the
approval of such board or boards, the public  defender  may  appoint  as
many assistant attorneys, clerks, investigators, stenographers and other
employees  as he OR SHE may deem necessary and as shall be authorized by
such board or boards.  The public defender shall fix the compensation of
such aides and assistants within the amounts such board  or  boards  may
appropriate  for  such  purposes. Notwithstanding any other provision of
law relating to the creation of  county  offices,  where  the  board  of
supervisors  of  any county has established an office of public defender
by resolution, and thereafter such office is created by local law,  such
local  law  may authorize the payment of compensation and other expenses
incurred in the operation of said office retroactive to the date of  the
adoption of said resolution.
  2. THE BOARD OF SUPERVISORS OF ANY COUNTY WHICH HAS CREATED THE OFFICE
OF  PUBLIC DEFENDER, MAY CREATE AN OFFICE OF CONFLICT DEFENDER INDEPEND-
ENT FROM THE PUBLIC DEFENDER'S  OFFICE,  OR  MAY  AUTHORIZE  A  CONTRACT
BETWEEN  ITS  COUNTY  AND ONE OR MORE OTHER SUCH COUNTIES TO CREATE SUCH
OFFICE OF CONFLICT DEFENDER TO SERVE SUCH COUNTIES.  A  CITY  WHICH  HAS
CREATED THE OFFICE OF PUBLIC DEFENDER MAY CREATE SUCH OFFICE OF CONFLICT
DEFENDER IN ANY COUNTY WHOLLY CONTAINED WITHIN ITS BORDERS AND SUCH CITY
SHALL  POSSESS WITH RESPECT TO SUCH OFFICE ALL THE POWERS CONFERRED UPON
A BOARD OF SUPERVISORS BY THE PROVISIONS OF THIS ARTICLE. THE  BOARD  OR
BOARDS  OF SUPERVISORS MAY DESIGNATE AN ATTORNEY-AT-LAW DULY LICENSED TO
PRACTICE IN THE STATE OF NEW YORK AS CONFLICT DEFENDER AND SHALL FIX HIS
OR HER TERM AND COMPENSATION.  SUBJECT TO THE APPROVAL OF SUCH BOARD  OR
BOARDS,  THE  CONFLICT DEFENDER MAY APPOINT AS MANY ASSISTANT ATTORNEYS,
CLERKS, INVESTIGATORS, STENOGRAPHERS AND OTHER EMPLOYEES AS  HE  OR  SHE
MAY  DEEM  NECESSARY AND AS SHALL BE AUTHORIZED BY SUCH BOARD OR BOARDS.
THE CONFLICT DEFENDER SHALL FIX  THE  COMPENSATION  OF  SUCH  AIDES  AND
ASSISTANTS  WITHIN  THE AMOUNTS SUCH BOARD OR BOARDS MAY APPROPRIATE FOR
SUCH PURPOSES. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  RELATING  TO
THE  CREATION  OF  COUNTY OFFICES, WHERE THE BOARD OF SUPERVISORS OF ANY
COUNTY HAS ESTABLISHED AN OFFICE OF CONFLICT DEFENDER BY RESOLUTION, AND
THEREAFTER SUCH OFFICE IS CREATED BY  LOCAL  LAW,  SUCH  LOCAL  LAW  MAY

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AUTHORIZE THE PAYMENT OF COMPENSATION AND OTHER EXPENSES INCURRED IN THE
OPERATION OF SAID OFFICE RETROACTIVE TO THE DATE OF THE ADOPTION OF SAID
RESOLUTION.
  S  2.  Section 717 of the county law, as amended by chapter 682 of the
laws of 1975 and subdivision 2 as amended by chapter 453 of the laws  of
1999, is amended to read as follows:
  S  717.  Public  defender AND CONFLICT DEFENDER; duties. 1. The public
defender shall represent, without charge, at the request of the  defend-
ant,  or  by  order of the court with the consent of the defendant, each
indigent defendant who is charged with a crime  as  defined  in  section
seven hundred twenty-two-a of [the county law] THIS CHAPTER in the coun-
ty  or  counties in which such public defender serves. When representing
an indigent defendant, the public defender shall counsel  and  represent
him  OR  HER  at  every stage of the proceedings following arrest, shall
initiate such proceedings as in his OR HER  judgment  are  necessary  to
protect  the  rights  of the accused, and may, in his OR HER discretion,
prosecute any appeal, if in his OR HER judgment the  facts  and  circum-
stances warrant such appeal.
  2.  The  public  defender  shall  also represent, without charge, in a
proceeding in family court or surrogate's court in the county  or  coun-
ties  where  such public defender serves, any person entitled to counsel
pursuant to section two hundred sixty-two  and  section  eleven  hundred
twenty  of  the  family  court act and section four hundred seven of the
surrogate's court procedure act,  or  any  person  entitled  to  counsel
pursuant  to  article  six-C  of  the correction law, who is financially
unable to obtain counsel. When  representing  such  person,  the  public
defender  shall  counsel  and represent him OR HER at every stage of the
proceedings, shall initiate such proceedings as in the judgment  of  the
public  defender are necessary to protect the rights of such person, and
may prosecute any appeal when, in his OR  HER  judgment  the  facts  and
circumstances warrant such appeal.
  3.  (A) WHENEVER THE PUBLIC DEFENDER HAS BEEN REQUESTED OR ASSIGNED TO
UNDERTAKE REPRESENTATION OF A PARTY OR REPRESENTS A PARTY  WHOSE  INTER-
ESTS  CONFLICT  WITH THE INTERESTS OF A PARTY REPRESENTED OR PROPOSED TO
BE REPRESENTED BY THE  PUBLIC  DEFENDER,  THE  CONFLICT  DEFENDER  SHALL
REPRESENT,  WITHOUT  CHARGE, ANY SUCH PERSON WITH A CONFLICTING INTEREST
WHO IS CHARGED WITH A CRIME AS DEFINED IN SECTION SEVEN HUNDRED  TWENTY-
TWO-A  OF  THIS CHAPTER IN THE COUNTY OR COUNTIES IN WHICH SUCH CONFLICT
DEFENDER SERVES.  WHEN REPRESENTING AN INDIGENT DEFENDANT, THE  CONFLICT
DEFENDER  SHALL  COUNSEL  AND REPRESENT HIM OR HER AT EVERY STAGE OF THE
PROCEEDINGS FOLLOWING ARREST, SHALL INITIATE SUCH PROCEEDINGS AS IN  HIS
OR  HER JUDGMENT ARE NECESSARY TO PROTECT THE RIGHTS OF THE ACCUSED, AND
MAY, IN HIS OR HER DISCRETION, PROSECUTE ANY APPEAL, IF IN  HIS  OR  HER
JUDGMENT THE FACTS AND CIRCUMSTANCES WARRANT SUCH APPEAL.
  (B)  THE  CONFLICT  DEFENDER  SHALL  ALSO REPRESENT SUCH PERSON WITH A
CONFLICTING INTEREST AS DESCRIBED IN PARAGRAPH (A) OF THIS  SUBDIVISION,
WITHOUT  CHARGE, IN A PROCEEDING IN FAMILY COURT OR SURROGATE'S COURT IN
THE COUNTY OR COUNTIES WHERE SUCH CONFLICT DEFENDER SERVES,  ANY  PERSON
ENTITLED  TO  COUNSEL  PURSUANT  TO  SECTION  TWO  HUNDRED SIXTY-TWO AND
SECTION ELEVEN HUNDRED TWENTY OF THE FAMILY COURT ACT AND  SECTION  FOUR
HUNDRED  SEVEN  OF  THE  SURROGATE'S  COURT PROCEDURE ACT, OR ANY PERSON
ENTITLED TO COUNSEL PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW, WHO
IS FINANCIALLY UNABLE TO OBTAIN COUNSEL. WHEN REPRESENTING SUCH  PERSON,
THE  CONFLICT  DEFENDER  SHALL COUNSEL AND REPRESENT HIM OR HER AT EVERY
STAGE OF THE PROCEEDINGS, SHALL INITIATE  SUCH  PROCEEDINGS  AS  IN  THE
JUDGMENT OF THE CONFLICT DEFENDER ARE NECESSARY TO PROTECT THE RIGHTS OF

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SUCH  PERSON,  AND MAY PROSECUTE ANY APPEAL WHEN, IN HIS OR HER JUDGMENT
THE FACTS AND CIRCUMSTANCES WARRANT SUCH APPEAL.
  S  4.  Section 718 of the county law, as amended by chapter 682 of the
laws of 1977, is amended to read as follows:
  S 718. Appointment of other counsel. Nothing  contained  herein  shall
preclude  a  court  on  its own motion or upon application by the public
defender OR CONFLICT DEFENDER or by the  indigent  defendant  or  person
described  in  section  two  hundred sixty-two or section eleven hundred
twenty of the family court act, or section four  hundred  seven  of  the
surrogate's  court procedure act, from appointing an attorney other than
the public defender OR CONFLICT DEFENDER to represent such defendant  or
person or to assist in the representation of such defendant or person at
any  stage  of  the  proceedings  or  on  appeal.  If  such  attorney is
appointed, he OR SHE  shall  serve  without  compensation,  unless  such
compensation is otherwise provided for by law.
  S  5.  Section 719 of the county law, as amended by chapter 682 of the
laws of 1975, is amended to read as follows:
  S 719. Expenses. If a public defender OR CONFLICT DEFENDER serves more
than one county, the expenses of salaries, maintenance and operation  of
his  OR  HER  office  shall  be  shared by the participating counties in
accordance with the provisions of the agreement establishing the office.
Expenses incidental to individual cases shall be paid by the county  for
which  the  services  were rendered. All expenses chargeable to a county
hereunder shall be a county charge to be paid upon certification by  the
county treasurer out of an appropriation made for such purposes.
  S  6.  Section 720 of the county law, as amended by chapter 761 of the
laws of 1966, is amended to read as follows:
  S 720. Annual report.  The public defender AND THE  CONFLICT  DEFENDER
shall  EACH  make an annual report to the board or boards of supervisors
covering all cases handled by his OR HER  office  during  the  preceding
year.
  S  7.  Subdivision  1  of section 722 of the county law, as amended by
chapter 682 of the laws of 1977, is amended to read as follows:
  1.  Representation  by  a  public  defender  OR  A  CONFLICT  DEFENDER
appointed pursuant to [county law] article eighteen-A OF THIS CHAPTER.
  S  8.  This  act  shall take effect immediately provided, however, the
provisions of this act shall expire and be  deemed  repealed  March  31,
2012.

                                 PART G

  Section  1.  Subdivision  7  of  section  995 of the executive law, as
amended by chapter 2 of the laws of 2006, paragraph  (a)  as  separately
amended  by  chapter  320  of  the  laws  of 2006, is amended to read as
follows:
  7. "Designated offender" means a person convicted  of  [and  sentenced
for]  any  [one or more of the following provisions of the penal law (a)
sections 120.05, 120.10,  and  120.11,  relating  to  assault;  sections
125.15  through  125.27  relating  to homicide; sections 130.25, 130.30,
130.35, 130.40, 130.45, 130.50, 130.65, 130.67 and 130.70,  relating  to
sex  offenses;  sections  205.10, 205.15, 205.17 and 205.19, relating to
escape and other offenses, where the offender has been convicted  within
the  previous  five years of one of the other felonies specified in this
subdivision; or sections 255.25, 255.26 and 255.27, relating to  incest,
a  violent felony offense as defined in subdivision one of section 70.02
of the penal law, attempted murder in the first degree,  as  defined  in

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section  110.00  and  section 125.27 of the penal law, kidnapping in the
first degree, as defined in section 135.25 of the penal  law,  arson  in
the  first  degree,  as  defined  in  section  150.20  of the penal law,
burglary  in the third degree, as defined in section 140.20 of the penal
law, attempted burglary in the  third  degree,  as  defined  in  section
110.00  and section 140.20 of the penal law, a felony defined in article
four hundred ninety of the  penal  law  relating  to  terrorism  or  any
attempt to commit an offense defined in such article relating to terror-
ism  which  is  a  felony;  or  (b)  criminal possession of a controlled
substance in the first degree, as defined in section 220.21 of the penal
law; criminal possession of a controlled substance in the second degree,
as defined in section 220.18 of  the  penal  law;  criminal  sale  of  a
controlled  substance,  as  defined  in article 220 of the penal law; or
grand larceny in the fourth degree, as defined in  subdivision  five  of
section  155.30  of  the  penal  law;  or  (c) any misdemeanor or felony
defined as a sex offense or sexually violent offense pursuant  to  para-
graph (a), (b) or (c) of subdivision two or paragraph (a) of subdivision
three of section one hundred sixty-eight-a of the correction law; or (d)
any  of the following felonies, or an attempt thereof where such attempt
is a felony offense:
  aggravated assault upon a  person  less  than  eleven  years  old,  as
defined  in  section  120.12  of  the  penal  law; menacing in the first
degree, as defined in section 120.13 of the penal law;  reckless  endan-
germent  in  the first degree, as defined in section 120.25 of the penal
law; stalking in the second degree, as defined in section 120.55 of  the
penal  law;  criminally negligent homicide, as defined in section 125.10
of the penal law;  vehicular  manslaughter  in  the  second  degree,  as
defined  in  section  125.12 of the penal law; vehicular manslaughter in
the first degree, as  defined  in  section  125.13  of  the  penal  law;
persistent  sexual abuse, as defined in section 130.53 of the penal law;
aggravated sexual abuse in the fourth  degree,  as  defined  in  section
130.65-a  of  the  penal  law;  female genital mutilation, as defined in
section 130.85 of the penal law;  facilitating  a  sex  offense  with  a
controlled  substance,  as  defined  in section 130.90 of the penal law;
unlawful imprisonment in the first degree, as defined in section  135.10
of the penal law; custodial interference in the first degree, as defined
in  section  135.50  of  the  penal  law; criminal trespass in the first
degree, as defined in section 140.17 of the penal law; criminal  tamper-
ing  in the first degree, as defined in section 145.20 of the penal law;
tampering with a consumer product in the first  degree,  as  defined  in
section  145.45 of the penal law; robbery in the third degree as defined
in section 160.05 of the penal law; identity theft in the second degree,
as defined in section 190.79 of the penal law;  identity  theft  in  the
first  degree,  as defined in section 190.80 of the penal law; promoting
prison contraband in the first degree, as defined in section  205.25  of
the  penal law; tampering with a witness in the third degree, as defined
in section 215.11 of the penal law; tampering  with  a  witness  in  the
second  degree, as defined in section 215.12 of the penal law; tampering
with a witness in the first degree, as defined in section 215.13 of  the
penal law; criminal contempt in the first degree, as defined in subdivi-
sions  (b),  (c)  and (d) of section 215.51 of the penal law; aggravated
criminal contempt, as defined in section 215.52 of the penal  law;  bail
jumping  in the second degree, as defined in section 215.56 of the penal
law; bail jumping in the first degree, as defined in section  215.57  of
the penal law; patronizing a prostitute in the second degree, as defined
in  section  230.05  of  the  penal law; patronizing a prostitute in the

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first degree, as defined in section 230.06 of the penal  law;  promoting
prostitution  in  the second degree, as defined in section 230.30 of the
penal law; promoting prostitution in the first  degree,  as  defined  in
section  230.32 of the penal law; compelling prostitution, as defined in
section 230.33 of the penal law;  disseminating  indecent  materials  to
minors  in  the second degree, as defined in section 235.21 of the penal
law; disseminating indecent materials to minors in the first degree,  as
defined in section 235.22 of the penal law; riot in the first degree, as
defined in section 240.06 of the penal law; criminal anarchy, as defined
in section 240.15 of the penal law; aggravated harassment of an employee
by  an  inmate,  as defined in section 240.32 of the penal law; unlawful
surveillance in the second degree, as defined in section 250.45  of  the
penal  law;  unlawful  surveillance  in  the first degree, as defined in
section 250.50 of the penal law; endangering the welfare of a vulnerable
elderly person in the second degree, as defined in section 260.32 of the
penal law; endangering the welfare of a vulnerable elderly person in the
first degree, as defined in section 260.34 of the penal law;  use  of  a
child in a sexual performance, as defined in section 263.05 of the penal
law;  promoting  an obscene sexual performance by a child, as defined in
section 263.10 of the penal law; possessing an obscene  sexual  perform-
ance  by a child, as defined in section 263.11 of the penal law; promot-
ing a sexual performance by a child, as defined in section 263.15 of the
penal law; possessing a sexual performance by a  child,  as  defined  in
section  263.16 of the penal law; criminal possession of a weapon in the
third degree, as defined in section 265.02 of the  penal  law;  criminal
sale  of  a firearm in the third degree, as defined in section 265.11 of
the penal law; criminal sale of a firearm to  a  minor,  as  defined  in
section  265.16  of  the  penal law; unlawful wearing of a body vest, as
defined in section 270.20 of the penal law; hate crimes  as  defined  in
section  485.05  of the penal law; and crime of terrorism, as defined in
section 490.25 of the penal law; or (e) a felony defined  in  the  penal
law  or an attempt thereof where such attempt is a felony; or (f) any of
the following misdemeanors: assault in the third degree  as  defined  in
section  120.00  of  the  penal law; attempted aggravated assault upon a
person less than eleven years old, as  defined  in  section  110.00  and
section 120.12 of the penal law; attempted menacing in the first degree,
as defined in section 110.00 and section 120.13 of the penal law; menac-
ing  in the second degree as defined in section 120.14 of the penal law;
menacing in the third degree as defined in section 120.15 of  the  penal
law;  reckless  endangerment  in the second degree as defined in section
120.20 of the penal law; stalking in the fourth  degree  as  defined  in
section 120.45 of the penal law; stalking in the third degree as defined
in  section  120.50  of  the penal law; attempted stalking in the second
degree, as defined in section 110.00 and section  120.55  of  the  penal
law;  forcible  touching  as  defined in section 130.52 of the penal law
regardless of the age of the victim; sexual abuse in the third degree as
defined in section 130.55 of the penal law regardless of the age of  the
victim; unlawful imprisonment in the second degree as defined in section
135.05  of  the penal law regardless of the age of the victim; attempted
unlawful imprisonment in the first degree, as defined in section  110.00
and section 135.10 of the penal law regardless of the age of the victim;
criminal  trespass  in the second degree as defined in section 140.15 of
the penal law; possession of  burglar's  tools  as  defined  in  section
140.35  of  the penal law; petit larceny as defined in section 155.25 of
the penal law; endangering the welfare of a child as defined in  section
260.10  of  the  penal law; endangering the welfare of an incompetent or

S. 6606--A                         134                        A. 9706--A

physically disabled person as defined in section 260.25] FELONY  DEFINED
IN  THE  PENAL  LAW  OR  ANY  MISDEMEANOR DEFINED IN THE PENAL LAW, OR A
PERSON ADJUDICATED AND SENTENCED AS  A  YOUTHFUL  OFFENDER  PURSUANT  TO
ARTICLE  SEVEN HUNDRED TWENTY OF THE CRIMINAL PROCEDURE LAW FOR ANY SUCH
MISDEMEANOR OR FELONY, OR A PERSON WHO IS REQUIRED TO REGISTER AS A  SEX
OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
  S  2.  Subdivision 3 of section 995-c of the executive law, as amended
by chapter 576 of the laws of 2004, is amended to read as follows:
  3. (A) Any designated offender [subsequent to conviction and  sentenc-
ing  for  a crime specified in subdivision seven of section nine hundred
ninety-five of this article,] shall be  required  to  provide  a  sample
appropriate  for DNA testing to determine identification characteristics
specific to such person and to be included in a state DNA identification
index pursuant to this article.
  (B) (I) IN THE CASE OF A DESIGNATED OFFENDER WHO  IS  SENTENCED  TO  A
TERM OF IMPRISONMENT, SUCH SAMPLE SHALL BE COLLECTED BY THE PUBLIC SERV-
ANT TO WHOSE CUSTODY THE DESIGNATED OFFENDER HAS BEEN COMMITTED.
  (II)  IN  THE CASE OF A DESIGNATED OFFENDER WHO IS SENTENCED TO A TERM
OF PROBATION, INCLUDING A SENTENCE OF PROBATION IMPOSED  IN  CONJUNCTION
WITH  A  SENTENCE  OF  IMPRISONMENT  WHEN  A SAMPLE HAS NOT ALREADY BEEN
TAKEN, SUCH SAMPLE SHALL BE COLLECTED BY THE PROBATION DEPARTMENT SUPER-
VISING THE DESIGNATED OFFENDER.
  (III) IN THE CASE OF A DESIGNATED OFFENDER  WHOSE  SENTENCE  DOES  NOT
INCLUDE EITHER A TERM OF IMPRISONMENT OR A TERM OF PROBATION, THE COURT,
OR IN THE CASE OF A PERSON REGISTERED AS A SEX OFFENDER ON OR BEFORE THE
EFFECTIVE  DATE OF THIS SUBPARAGRAPH WHO HAS NOT HAD A DNA SAMPLE TAKEN,
THE DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL ORDER THAT  THE  DESIG-
NATED  OFFENDER  REPORT  TO AN OFFICE OF THE SHERIFF OF THAT COUNTY, AND
WHEN THE DESIGNATED OFFENDER DOES SO, SUCH SAMPLE SHALL BE COLLECTED  BY
THE SHERIFF'S OFFICE.
  (IV)  IN  THE  CASE  OF  A  DESIGNATED SEX OFFENDER WHO IS REQUIRED TO
REGISTER AS A SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF  THE  CORRECTION
LAW AS A RESULT OF A CONVICTION OBTAINED IN A FOREIGN JURISDICTION ON OR
AFTER  THE  EFFECTIVE  DATE  OF  THIS SUBPARAGRAPH, SUCH SAMPLE SHALL BE
COLLECTED BY THE PROBATION DEPARTMENT OF THE COUNTY IN WHICH THE  DESIG-
NATED OFFENDER RESIDES.
  (V)  NOTHING  IN THIS PARAGRAPH SHALL PROHIBIT THE COLLECTION OF A DNA
SAMPLE FROM A DESIGNATED OFFENDER BY ANY COURT OFFICIAL, STATE OR  LOCAL
CORRECTION  OFFICIAL  OR  EMPLOYEE,  PROBATION  OFFICER, PAROLE OFFICER,
POLICE OFFICER, PEACE OFFICER, OR OTHER  PUBLIC  SERVANT  WHO  HAS  BEEN
NOTIFIED  BY  THE DIVISION OF CRIMINAL JUSTICE SERVICES THAT SUCH DESIG-
NATED OFFENDER HAS NOT PROVIDED A DNA SAMPLE. UPON NOTIFICATION  BY  THE
DIVISION OF CRIMINAL JUSTICE SERVICES THAT A DESIGNATED OFFENDER HAS NOT
PROVIDED  A  DNA  SAMPLE, SUCH COURT OFFICIAL, STATE OR LOCAL CORRECTION
OFFICIAL OR EMPLOYEE, PROBATION OFFICER, PAROLE OFFICER, POLICE OFFICER,
PEACE OFFICER OR OTHER PUBLIC SERVANT SHALL COLLECT THE DNA SAMPLE.
  S 3. Section 65.10 of the penal law is amended by adding a new  subdi-
vision 4-b to read as follows:
  4-B.  MANDATORY  DNA  CONDITION  FOR  DESIGNATED OFFENDERS AND CERTAIN
OTHER OFFENDERS. WHEN IMPOSING A SENTENCE OF  PROBATION  OR  CONDITIONAL
DISCHARGE  UPON  A  PERSON  DEFINED AS A DESIGNATED OFFENDER PURSUANT TO
SUBDIVISION SEVEN OF SECTION NINE HUNDRED NINETY-FIVE OF  THE  EXECUTIVE
LAW,  THE  COURT SHALL REQUIRE AS A MANDATORY CONDITION OF SUCH SENTENCE
THAT SUCH PERSON PROVIDE A  DNA  SAMPLE  AS  REQUIRED  BY  SECTION  NINE
HUNDRED  NINETY-FIVE  OF THE EXECUTIVE LAW.  NOTHING IN THIS SUBDIVISION

S. 6606--A                         135                        A. 9706--A

SHALL BE CONSTRUED AS PROHIBITING A DNA CONDITION UPON ANY OTHER  OFFEN-
DER WHERE AUTHORIZED BY ARTICLE FORTY-NINE-B OF THE EXECUTIVE LAW.
  S  4.  The penal law is amended by adding a new section 270.40 to read
as follows:
S 270.40 FAILURE TO PROVIDE A DNA SAMPLE.
  A PERSON IS GUILTY OF FAILURE TO PROVIDE A DNA SAMPLE WHEN HE  OR  SHE
(A) IS A DESIGNATED OFFENDER, AS DEFINED IN SUBDIVISION SEVEN OF SECTION
NINE  HUNDRED  NINETY-FIVE  OF  THE EXECUTIVE LAW, REQUIRED TO PROVIDE A
SAMPLE APPROPRIATE FOR DNA TESTING PURSUANT TO THE PROVISIONS OF  SUBDI-
VISION THREE OF SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW;
(B)  HAS BEEN NOTIFIED BY A COURT, STATE OR LOCAL CORRECTION OFFICIAL OR
EMPLOYEE, PAROLE OFFICER, PROBATION OFFICER, POLICE OFFICER, PEACE OFFI-
CER OR OTHER PUBLIC SERVANT OF THE OBLIGATION TO PROVIDE SUCH A  SAMPLE;
AND  (C)  UPON  REQUEST  TO PROVIDE SUCH SAMPLE MADE BY A PUBLIC SERVANT
AUTHORIZED TO COLLECT IT, FAILS TO PROVIDE SUCH A SAMPLE.
  FAILURE TO PROVIDE A DNA SAMPLE IS A CLASS A MISDEMEANOR.
  S 5. This act shall take effect January 1,  2011;  provided,  however,
that the amendments to subdivision 7 of section 995 of the executive law
made  by  section  one  of  this  act shall apply to designated offenses
committed on or after such effective date; and  provided,  further  that
the amendments to subdivision 7 of section 995 of the executive law made
by  section  one  of  this  act  relating to a person who is required to
register as a sex offender pursuant to article six-C of  the  correction
law  shall  apply to a person registered as a sex offender prior to, on,
or after such effective date.

                                 PART H

  Section 1.  Section 401 of the vehicle and traffic law is  amended  by
adding a new subdivision 5-b to read as follows:
  5-B.  DENIAL  OF REGISTRATION OR RENEWAL FOR CERTAIN VIOLATIONS. A. 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 OF
CRIMINAL JUSTICE SERVICES THAT IN EACH SUCH INSTANCE, THE REGISTRANT HAS
APPEARED IN RESPONSE TO SUCH NOTICES  OF  LIABILITY  OR  HAS  PAID  SUCH
PENALTIES.  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 APPLICANT'S INTENT IS 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 SUBDIVISION.  SUCH DENIAL SHALL ONLY REMAIN IN EFFECT
AS LONG AS THE NOTICES OF LIABILITY REMAIN UNANSWERED OR  THE  PENALTIES

S. 6606--A                         136                        A. 9706--A

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.
  B.  ANY  NOTICES  REQUIRED  TO BE SENT TO THE COMMISSIONER PURSUANT TO
THIS SECTION SHALL BE SUBMITTED IN SUCH FORM AND MANNER AS  THE  COMMIS-
SIONER MAY PRESCRIBE.
  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. A. UPON THE RECEIPT OF A NOTIFICA-
TION 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  SUBDIVI-
SION  (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE
WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-ONE-A OF THIS CHAP-
TER, THE COMMISSIONER, OR HIS OR HER AGENT, SHALL SUSPEND THE  REGISTRA-
TION OF THE VEHICLE OR VEHICLES INVOLVED IN THE VIOLATIONS OR THE PRIVI-
LEGE  OF  OPERATION  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.
  B. ANY NOTICES REQUIRED TO BE SENT TO  THE  COMMISSIONER  PURSUANT  TO
THIS  SECTION  SHALL BE SUBMITTED IN SUCH FORM AND MANNER AS THE COMMIS-
SIONER MAY PRESCRIBE.
  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
SERVICES,  AND  ANY  AGENCY,  DIVISION OR AUTHORITY SO DESIGNATED BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES, 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 SUBDIVISION (D) OR SUBDIVISION  (F)  OF  SECTION  ELEVEN  HUNDRED
EIGHTY  OF  THIS ARTICLE FOR FAILING TO OBEY POSTED SPEED LIMITS IN WORK
ZONES AND DESIGNATED 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  FIFTY  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 AT LEAST 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 EXCEPT AS  PROVIDED  IN  SUBDIVISIONS  TEN  AND
ELEVEN  OF THIS SECTION AND, PROVIDED, HOWEVER, THAT NO OWNER OF A VEHI-
CLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE

S. 6606--A                         137                        A. 9706--A

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 AND
INCLUDES (D) 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 TRAV-
ELING 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.
  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.

S. 6606--A                         138                        A. 9706--A

  (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
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

S. 6606--A                         139                        A. 9706--A

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 OR THAT THE VEHICLE WAS USED WITHOUT THE
OWNER'S  EXPRESS  OR  IMPLIED  PERMISSION.  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.
  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 I

  Section  1.  Subdivision  1  of section 259-b of the executive law, as
amended by chapter 123 of the laws  of  1987,  is  amended  to  read  as
follows:
  1.  There  shall  be  in the state division of parole a state board of
parole which shall possess the powers and duties hereinafter  specified.
Such  board  shall  consist of not more than [nineteen] THIRTEEN members
appointed by the governor with the advice and consent of the senate. The
term of office of each member of such board  shall  be  for  [six]  FIVE
years;  provided,  however,  that  any  member  chosen to fill a vacancy
occurring otherwise than by expiration of term shall  be  appointed  for
the remainder of the unexpired term of the member whom he is to succeed.
In  the  event  of  the inability to act of any member, the governor may

S. 6606--A                         140                        A. 9706--A

appoint some competent informed person to act in his  stead  during  the
continuance of such disability.
  S 2. This act shall take effect immediately; provided that (a) for all
current members of the state board of parole that have served five years
or  more  of  their  current  term of office, their term of office shall
expire on the effective date of this act,  and  (b)  all  other  current
members of the state board of parole shall serve no more than five years
of  their  current term provided that such members of the state board of
parole shall continue to discharge their duties after the expiration  of
their term until a successor is chosen and confirmed.

                                 PART J

  Section  1.  Subdivisions  4 and 13 of section 500-b of the correction
law, subdivision 4 as added by chapter 907  of  the  laws  of  1984  and
subdivision  13  as  amended  by  chapter  574  of the laws of 1985, are
amended to read as follows:
  4. (A) No person under nineteen years of age shall be placed  or  kept
or  allowed  to be at any time with any prisoner or prisoners [nineteen]
TWENTY-TWO years of age or older, in any room, dormitory, cell  or  tier
of  the  buildings  of  such  institution  unless  separately grouped to
prevent access to persons under  nineteen  years  of  age  by  prisoners
[nineteen] TWENTY-TWO years of age or older.
  (B)  PERSONS  NINETEEN,  TWENTY OR TWENTY-ONE YEARS OF AGE MAY, AT THE
DISCRETION OF THE CHIEF ADMINISTRATIVE OFFICER, BE PLACED OR KEPT EITHER
WITH PERSONS UNDER NINETEEN YEARS OF AGE OR WITH PERSONS OVER TWENTY-TWO
YEARS OF AGE, PROVIDED HOWEVER THAT IN MAKING THE DECISION ON  WHERE  TO
HOUSE  SUCH  NINETEEN,  TWENTY OR TWENTY-ONE YEAR OLD PERSONS, THE CHIEF
ADMINISTRATIVE OFFICER SHALL CONSIDER ALL OF THE FACTORS  SET  FORTH  IN
PARAGRAPH (A) OF SUBDIVISION SEVEN OF THIS SECTION.
  13.  Where in the opinion of the chief administrative officer an emer-
gency overcrowding condition exists in  a  local  correctional  facility
caused  in  part  by the [prohibition against the commingling of persons
under nineteen years of age with persons nineteen years of age or  older
or  the  commingling  of  persons  nineteen  years  of age or older with
persons under nineteen years of age] RESTRICTIONS  UPON  COMMINGLING  OF
CATEGORIES OF PERSONS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION, the
chief  administrative officer may apply to the commission for permission
to commingle the aforementioned categories of inmates for a  period  not
to  exceed thirty days as provided herein. The commission shall acknowl-
edge to the chief administrative officer the receipt of such application
upon its receipt.  The chief administrative officer shall  be  permitted
to commingle such inmates upon acknowledgment of receipt of the applica-
tion  by  the  commission.  The  commission shall assess the application
within seven days of receipt. The commission shall deny any such  appli-
cation  and  shall  prohibit  the  continued commingling of such inmates
where it has found that the local correctional facility  does  not  meet
the criteria set forth in this subdivision and further is in substantial
noncompliance  with minimum staffing requirements as provided in commis-
sion rules and regulations. In addition, the commission shall  determine
whether the commingling of such inmates presents a danger to the health,
safety or welfare of any such inmate. If no such danger exists the chief
administrative officer may continue the commingling until the expiration
of  the aforementioned thirty day period or until such time as he deter-
mines that the overcrowding which necessitated the commingling no longer
exists, whichever occurs first. In the event the  commission  determines

S. 6606--A                         141                        A. 9706--A

that  such danger exists, it shall immediately notify the chief adminis-
trative officer, and the commingling of such inmates shall  cease.  Such
notification  shall include specific measures which should be undertaken
by  the chief administrative officer, to correct such dangers. The chief
administrative officer may correct  such  dangers  and  reapply  to  the
commission for permission to commingle; however, no commingling may take
place  until  such time as the commission certifies that the facility is
now in compliance with the measures set forth in the notification  under
this subdivision. When such certification has been received by the chief
administrative  officer,  the  commingling may continue for thirty days,
less any time during which the chief administrative  officer  commingled
such  inmates following his application to the commission, or until such
time as he determines  that  the  overcrowding  which  necessitated  the
commingling no longer exists, whichever occurs first. The chief adminis-
trative  officer  may apply for permission to commingle such inmates for
up to  two  additional  thirty  day  periods,  in  conformity  with  the
provisions and the requirements of this subdivision, in a given calendar
year.  For the period ending December thirtieth, nineteen hundred eight-
y-four, a locality may not apply for more than one  thirty  day  commin-
gling period.
  S  2. Subdivisions 1 and 2 of section 182.20 of the criminal procedure
law, subdivision 1 as amended by chapter 332 of the  laws  of  2009  and
subdivision  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,
Putnam, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua,  Cattarau-
gus,   Clinton,  Essex,  Montgomery,  Rensselaer,  Warren,  Westchester,
Suffolk, Herkimer or Franklin county], provided that the chief  adminis-
trator  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 elec-
tronic appearance 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  3. Subdivisions 6 and 12 of section 500-b of the correction law, as
added by chapter 907 of the  laws  of  1984,  are  amended  to  read  as
follows:
  6. The commission shall promulgate rules and regulations in accordance
with subdivisions seven and eight of this section to assure that persons
in custody in local correctional facilities will be afforded appropriate
precautions for their personal safety and welfare in assignment to hous-
ing, INCLUDING CARE OR TREATMENT IN A FACILITY OPERATED INFIRMARY.

S. 6606--A                         142                        A. 9706--A

  12.  (A)  The provisions of this section shall govern only the assign-
ment of persons to facility housing units and shall not be construed  to
prohibit  the  commingling  of persons during their participation in any
facility program or activity, including meals and visitations.
  (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  IT SHALL NOT BE
PROHIBITED TO HOUSE MEN AND WOMEN  RECEIVING  CARE  OR  TREATMENT  IN  A
FACILITY  OPERATED  INFIRMARY,  PROVIDED THAT PROPER SEPARATION IS MAIN-
TAINED ACCORDING TO RULES AND REGULATIONS THAT SHALL BE  PROMULGATED  BY
THE COMMISSION.
  S  4. Subdivision 2-a of section 72 of the correction law, as added by
chapter 268 of the laws of 1973, is amended to read as follows:
  2-a. The commissioner, superintendent, or director of  an  institution
in  which an inmate is confined, may permit an inmate, wishing to do so,
to leave the institution under  guard  for  the  purpose  of  performing
volunteer  labor or services when in the public interest upon the threat
or occurrence of a natural disaster, including but not limited to flood,
earthquake, hurricane, landslide or fire.  AN INMATE MAY ALSO BE PERMIT-
TED TO LEAVE THE INSTITUTION UNDER GUARD TO VOLUNTARILY PERFORM WORK FOR
A NONPROFIT ORGANIZATION PURSUANT TO THIS SUBDIVISION. AS USED  IN  THIS
SUBDIVISION,  THE  TERM  "NONPROFIT  ORGANIZATION" MEANS AN ORGANIZATION
OPERATED EXCLUSIVELY FOR RELIGIOUS, CHARITABLE, OR EDUCATIONAL PURPOSES,
NO PART OF THE NET EARNINGS OF  WHICH  INURES  TO  THE  BENEFIT  OF  ANY
PRIVATE SHAREHOLDER OR INDIVIDUAL.
  S  5.  Section  170  of  the correction law is amended by adding a new
subdivision 3 to read as follows:
  3. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  AN  INMATE  MAY  BE
PERMITTED  TO  LEAVE  THE INSTITUTION UNDER GUARD TO VOLUNTARILY PERFORM
WORK FOR A NONPROFIT ORGANIZATION. AS USED IN  THIS  SECTION,  THE  TERM
"NONPROFIT  ORGANIZATION" MEANS AN ORGANIZATION OPERATED EXCLUSIVELY FOR
RELIGIOUS, CHARITABLE, OR EDUCATIONAL PURPOSES, NO PART OF THE NET EARN-
INGS OF WHICH INURES TO THE BENEFIT OF ANY PRIVATE SHAREHOLDER OR  INDI-
VIDUAL.
  S 6. Subdivision 6 of section 177 of the correction law, as renumbered
by  section 1 of part K of chapter 56 of the laws of 2009, is renumbered
subdivision 7 and a new subdivision 6 is added to read as follows:
  6. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  AN  INMATE  MAY  BE
PERMITTED  TO  LEAVE  THE INSTITUTION UNDER GUARD TO VOLUNTARILY PERFORM
WORK FOR A NONPROFIT ORGANIZATION. AS USED IN  THIS  SECTION,  THE  TERM
"NONPROFIT  ORGANIZATION" MEANS AN ORGANIZATION OPERATED EXCLUSIVELY FOR
RELIGIOUS, CHARITABLE, OR EDUCATIONAL PURPOSES, NO PART OF THE NET EARN-
INGS OF WHICH INURES TO THE BENEFIT OF ANY PRIVATE SHAREHOLDER OR  INDI-
VIDUAL.
  S 7. Section 500-d of the correction law, as amended by chapter 403 of
the laws of 1986, is amended to read as follows:
  S  500-d.  Food and labor. (1) Prisoners detained for trial, and those
under sentence, shall be provided with a sufficient  quantity  of  plain
but  wholesome  food,  at the expense of the county; such foods shall be
purchased in the manner and  subject  to  the  regulations  provided  in
section four hundred eight of the county law; but prisoners detained for
trial  may, at their own expense, and under the direction of the keeper,
be supplied with any other proper articles of food.
  (2) Such keeper shall cause each prisoner committed to  his  jail  for
imprisonment  under  sentence,  to  be constantly employed at hard labor
when practicable, during every day, except Sunday but the Sunday  excep-
tion  shall  not  apply  where a prisoner under sentence of intermittent
imprisonment serves less than the five preceding days in  the  jail  and

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the  keeper  has  adopted  an employment program designed especially for
intermittent imprisonment, and the board of supervisors of  the  county,
or  judge  of  the county, may prescribe the kind of labor at which such
prisoner shall be employed; and the keeper shall account, at least annu-
ally,  with  the board of supervisors of the county, for the proceeds of
such labor.
  (3) Such keeper may, with the consent of the board of  supervisors  of
the  county,  or  the county judge, from time to time, cause such of the
convicts under his charge as are capable of hard labor, to  be  employed
outside  of  the  jail in the same, or in an adjoining county, upon such
terms as may be agreed upon between the keepers  and  the  officers,  or
persons, under whose direction such convicts shall be placed, subject to
such  regulations  as the board or judge may prescribe; and the board of
supervisors of the several counties are authorized  to  employ  convicts
under  sentence  to  confinement  in  the  county jails, in building and
repairing penal institutions of the county and in building and repairing
the highways in their respective counties or in preparing the  materials
for  such  highways  for sale to and for the use of the state, counties,
towns, villages or cities, and in cutting wood and performing other work
which is commonly carried on at a prison camp, and  to  make  rules  and
regulations  for their employment; and the said board of supervisors are
hereby authorized to cause money  to  be  raised  by  taxation  for  the
purpose of furnishing materials and carrying this provision into effect;
and  the courts of this state are hereby authorized to sentence convicts
committed to detention in the county jails to such hard labor as may  be
provided for them by the boards of supervisors.  This section as amended
shall  not affect a county wholly included within a city.  NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW, AN INMATE MAY BE PERMITTED TO LEAVE  THE
INSTITUTION  UNDER  GUARD  TO  VOLUNTARILY  PERFORM WORK FOR A NONPROFIT
ORGANIZATION PURSUANT TO THIS SUBDIVISION.  AS USED IN THIS SECTION, THE
TERM "NONPROFIT ORGANIZATION" MEANS AN ORGANIZATION OPERATED EXCLUSIVELY
FOR RELIGIOUS, CHARITABLE, OR EDUCATIONAL PURPOSES, NO PART OF  THE  NET
EARNINGS  OF  WHICH INURES TO THE BENEFIT OF ANY PRIVATE  SHAREHOLDER OR
INDIVIDUAL.
  S 8. This act shall take effect immediately, provided however that:
  (a) the amendments to section 500-b of  the  correction  law  made  by
sections  one  and three of this act shall not affect the repeal of such
section and shall be deemed to be repealed therewith; and
  (b) the amendments to section 182.20 of  the  criminal  procedure  law
made  by  section  two  of  this act shall not affect the repeal of such
section and shall be deemed to be repealed therewith; and
  (c) section three of this act shall take effect upon  promulgation  of
rules and regulations by the commission of correction as provided for in
such  section  three;  provided  that  the chairman of the commission of
correction shall notify the legislative bill  drafting  commission  upon
the  occurrence  of  the  promulgation  of  the rules and regulations as
provided for in section three of this act in order that  the  commission
may  maintain  an accurate and timely effective database of the official
text of the laws of the state of New York in furtherance of effectuating
the provisions of section 44 of the legislative law and section 70-b  of
the public officers law.

                                 PART K

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  Section 1. Paragraph (e) of subdivision 2 of section 39 of the judici-
ary law, as amended by section 22 of part J of chapter 62 of the laws of
2003, is amended to read as follows:
  (e)  All  fees  collected pursuant to sections eighteen hundred three,
eighteen hundred three-A and nineteen hundred eleven  of  the  New  York
city  civil  court  act, all fees collected pursuant to state law by the
county clerks in the city of New  York,  except  as  otherwise  provided
herein  with  respect  to  fees collected pursuant to subdivision (a) of
section eight thousand eighteen of the civil practice law and rules  and
except those fees collected by the clerk of Richmond county which in the
other  counties of the city of New York are collected by the city regis-
ters, all fees collected pursuant to section eight thousand eighteen  of
the  civil  practice  law  and  rules  except only to the extent of [one
hundred sixty-five] TWO HUNDRED FIFTEEN dollars  of  any  fee  collected
pursuant  to  subdivision  (a)  of  such  section  and  except for those
collected pursuant to paragraph three of such subdivision (a), all  fees
collected  pursuant  to section eight thousand twenty of the civil prac-
tice law and rules except for those collected pursuant  to  subdivisions
(f), (g) and (h) of said section, all fees collected pursuant to section
eight  thousand twenty-two of the civil practice law and rules, all fees
collected pursuant to section twenty-four hundred two of the surrogate's
court procedure act, all fees collected  pursuant  to  section  eighteen
hundred  three,  eighteen hundred three-A and subdivision (a) of section
nineteen hundred eleven of the uniform  district  court  act,  all  fees
collected  pursuant  to section eighteen hundred three, eighteen hundred
three-A and subdivision (a) of section nineteen hundred  eleven  of  the
uniform  city  court  act  and  all  fines,  penalties  and  forfeitures
collected pursuant to subdivision  eight  of  section  eighteen  hundred
three  of  the vehicle and traffic law, except such fines, penalties and
forfeitures  collected  by  the  Nassau  county  traffic   and   parking
violations  agency,  section  71-0211  of the environmental conservation
law, section two hundred one of the navigation law and  subdivision  one
of  section 27.13 of the parks, recreation and historic preservation law
shall be paid to the state commissioner of taxation  and  finance  on  a
monthly  basis  no later than ten days after the last day of each month.
The additional fee of five dollars collected by  county  clerks  in  New
York  city  pursuant  to  paragraph  three of subdivision (a) of section
eight thousand eighteen of the civil practice law  and  rules  shall  be
distributed  monthly  by  the county clerks as follows: four dollars and
seventy-five cents to the commissioner of education for deposit into the
local government records management improvement funds;  and  twenty-five
cents to the city of New York.
  S 2. Paragraph 1 of subdivision (a) of section 8018 of the civil prac-
tice  law and rules, as amended by section 23 of part J of chapter 62 of
the laws of 2003, is amended to read as follows:
  1. A county clerk is entitled, for the assignment of an  index  number
to an action pending in a court of which he or she is clerk, to a fee of
[one hundred ninety] TWO HUNDRED FORTY dollars, payable in advance.
  S  3.  Subdivision  (a)  of section 8020 of the civil practice law and
rules, as amended by section 25 of part J of chapter 62 of the  laws  of
2003, is amended to read as follows:
  (a)  Placing  cause on calendar. For placing a cause on a calendar for
trial or inquest, one hundred twenty-five dollars in the  supreme  court
and  county court; except that where rules of the chief administrator of
the courts require that a request for judicial intervention be  made  in
an  action  pending  in  supreme court or county court, the county clerk

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shall be entitled to a fee of  ninety-five  dollars,  payable  before  a
judge  may  be  assigned  pursuant  to such request, and thereafter, for
placing such a cause on a calendar for  trial  or  inquest,  the  county
clerk  shall  be entitled to an additional fee of thirty dollars, and no
other fee may be charged thereafter pursuant to this subdivision; except
that the county clerk shall be entitled to a  fee  of  [forty-five]  ONE
HUNDRED TWENTY dollars upon the filing of each motion or cross motion in
such  action.  However, no fee shall be imposed for a motion which seeks
leave to proceed as a poor person pursuant to subdivision (a) of section
eleven hundred one of this chapter.
  S 4. Subdivision (b) of section 8022 of the  civil  practice  law  and
rules,  as  amended by section 6 of part B of chapter 686 of the laws of
2003, is amended to read as follows:
  (b) The clerks of the appellate divisions of the supreme court and the
clerk of the court of appeals are entitled, upon the filing of a  record
on a civil appeal or a statement in lieu of record on a civil appeal, as
required by rule 5530 of this chapter, to a fee of three hundred fifteen
dollars,  payable in advance. The clerks of the appellate divisions also
shall be entitled to such fee upon the filing of a notice of petition or
order to show cause commencing a special proceeding in their  respective
courts.  In  addition,  the  clerks  of  the  appellate divisions of the
supreme court and the clerk of the court of appeals are  entitled,  upon
the filing of each motion or cross motion with respect to a civil appeal
or  special  proceeding,  to  a  fee  of [forty-five] ONE HUNDRED TWENTY
dollars, payable in advance. However, no fee  shall  be  imposed  for  a
motion  or cross motion which seeks leave to prosecute or defend a civil
appeal or special proceeding as a poor person  pursuant  to  subdivision
(a) of section eleven hundred one of this chapter.
  S  5.  Paragraph  2  of subdivision (a) of section 1911 of the uniform
district court act, as amended by section 33 of part J of chapter 62  of
the laws of 2003, is amended to read as follows:
  (2)  Upon filing the first paper in an action or proceeding, including
a special proceeding for the settlement of  a  claim  of  an  infant  or
incompetent,  [forty-five]  SIXTY  dollars, unless there has been paid a
fee of forty-five dollars for the issuance of a summons, order of arrest
or attachment, requisition  or  warrant  of  seizure,  or  a  notice  of
petition or order to show cause in lieu thereof in a summary proceeding,
as  provided  for  by  [subparagraph  (1)  hereof] PARAGRAPH (1) OF THIS
SUBDIVISION.
  S 6. Paragraph 1 of subdivision (a) of section  1911  of  the  uniform
city  court act, as amended by section 5 of part B of chapter 686 of the
laws of 2003, is amended to read as follows:
  (1) Upon the filing of the first paper in any  action  or  proceeding,
[forty-five]  SIXTY dollars, unless there has already been paid a fee of
forty-five dollars as provided for by paragraph (11)  [hereof]  OF  THIS
SUBDIVISION.
  S  7. Subdivision (b) of section 1911 of the New York city civil court
act, as amended by section 36 of part J of chapter 62  of  the  laws  of
2003, is amended to read as follows:
  (b)  Upon filing summons with proof of service thereof, or upon filing
of the  first  paper  in  that  county  in  any  action  or  proceeding,
[forty-five]  SIXTY dollars, unless there has been paid in that county a
fee of forty-five dollars pursuant to subdivision (a) [hereof]  OF  THIS
SECTION.
  S 8.  This act shall take effect July 1, 2010.

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                                 PART L

  Section  1.  Subdivision 1 of section 106 of the uniform justice court
act, as amended by chapter 499 of the laws of 1977, is amended  to  read
as follows:
  1.  A justice may hold court anywhere in the municipality including in
the case of a town justice anywhere within a village  wholly  or  partly
contained within the town of which he is a justice regardless of whether
or  not  said  village  has a village court and in the event two or more
contiguous villages maintain offices in the  same  building,  a  village
justice  of  any  such village may hold court in such building, notwith-
standing that the building is outside the boundaries of such village.  A
town  justice  may hold court in an adjacent town providing such justice
has been elected or holds office  pursuant  to  a  plan  established  by
resolution  which  was adopted pursuant to the provisions of section one
hundred six-a of this [chapter] ARTICLE OR THE PROVISIONS OF SECTION ONE
HUNDRED SIX-B OF THIS ARTICLE. A JUSTICE MAY HOLD COURT IN ONE  OR  MORE
MUNICIPALITIES  THAT  FORM  A CONTIGUOUS GEOGRAPHIC AREA, INCLUDING IN A
TOWN AND ONE OR  MORE  VILLAGES  EACH  OF  WHICH  IS  WHOLLY  OR  PARTLY
CONTAINED WITHIN SUCH TOWN, WITHIN THE SAME COUNTY PROVIDING THERE IS AN
AGREEMENT  BETWEEN SUCH MUNICIPALITIES PURSUANT TO ARTICLE FIVE-G OF THE
GENERAL MUNICIPAL LAW TO HOLD ALL COURT PROCEEDINGS IN ANY OF  THE  SUCH
MUNICIPALITIES  IN  A  COURTROOM  OR OTHER SUITABLE FACILITY OPEN TO THE
PUBLIC.
  S 2. Subdivision 1 of section 106-a of the uniform justice court  act,
as  amended  by  chapter  237 of the laws of 2007, is amended to read as
follows:
  1. The town boards of  two  or  more  towns  that  form  a  contiguous
geographic  area  within the same county are hereby authorized to estab-
lish a single town court to be comprised of town justices to be  elected
from  each  of  such  towns in the same manner and for the same terms as
town justices are so elected except that [such terms  shall  not  expire
during  the same year] THE NUMBER OF SUCH TERMS EXPIRING IN ANY ONE YEAR
MAY NOT EXCEED BY MORE THAN ONE THE NUMBER  OF  TERMS  EXPIRING  IN  ANY
OTHER  YEAR  IN  WHICH  TERMS  EXPIRE.   The procedure to establish such
single court may be initiated by the town board or may be  initiated  by
petition. In the event the procedure is initiated by petition, the peti-
tion  shall  be  addressed  to each town board and shall be signed by at
least twenty percent of the registered voters in such towns.
  S 3. Subdivision 3 of section 106-a of the uniform justice court  act,
as  amended  by  chapter  237 of the laws of 2007, is amended to read as
follows:
  3. Such petition shall be filed in the office of the town clerk of one
of such towns and a certified copy shall be filed in the office  of  the
town clerk of the other town  OR TOWNS.
  S  4. Subdivision 8 of section 106-a of the uniform justice court act,
as amended by chapter 237 of the laws of 2007, is  amended  to  read  as
follows:
  8.  In  the event that each respective town board approves such resol-
ution or petition, such boards shall prepare a  joint  resolution  which
shall provide that the office of one justice in each town shall be abol-
ished  and  that the remaining justice in each town shall have jurisdic-
tion in each town to the same extent as if each such justice was elected
in each town. Such joint resolution shall provide for the election of AT
LEAST one town justice every two years BUT IN NO CASE SHALL  THE  NUMBER
OF  TERMS EXPIRING IN ANY ONE YEAR EXCEED BY MORE THAN ONE THE NUMBER OF

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TERMS EXPIRING IN ANY OTHER YEAR IN WHICH TERMS EXPIRE, and shall  iden-
tify  each  justice  whose office shall be abolished, and shall identify
each justice whose office shall be continued  [to  so  provide  for  the
election of one justice every two years].
  S  5. Subdivision 9 of section 106-a of the uniform justice court act,
as amended by chapter 237 of the laws of 2007, is  amended  to  read  as
follows:
  9.  In the event no agreement can be reached as to which offices shall
be abolished, the [office] OFFICES  to  be  [first]  abolished  by  such
resolution  shall  be chosen from each of the offices of town justice by
lot. [In the event it is determined by lot that the office of justice to
be first abolished is an office, the term of which will expire  in  more
than  two  years,  such  office  shall  be abolished as provided in such
resolution. The office of town justice that shall also then be abolished
in the other town shall be that office which would have expired in  less
than  two years. In the event it is determined by lot that the office of
town justice to be abolished is an office, the term of which will expire
in less than two years, such office shall be abolished  as  provided  in
such  resolution.    The office of town justice that shall also be abol-
ished in any town shall be that office which would have expired in  more
than  two  years] HOWEVER IN NO CASE SHALL AN OFFICE BE CHOSEN BY LOT TO
BE ABOLISHED THAT WOULD CAUSE  THE  REMAINING  OFFICES  TO  VIOLATE  THE
REQUIREMENTS OF SUBDIVISION EIGHT OF THIS SECTION.
  S 6. Subdivision 11 of section 106-a of the uniform justice court act,
as  added  by  chapter  499  of  the laws of 1977, is amended to read as
follows:
  11. If such resolution is approved by  a  majority  of  the  qualified
persons  voting  thereon in each town such resolution shall be deemed to
be adopted and the plan to establish a single town court shall be imple-
mented in the manner provided in such resolution. If such resolution  is
disapproved by a majority of the qualified persons voting thereon in one
[town] or [in both] MORE towns, such resolution shall be defeated and no
further action shall be taken to implement such plan.
  S 7. Subdivision 12 of section 106-a of the uniform justice court act,
as  added  by  chapter  499  of  the laws of 1977, is amended to read as
follows:
  12. Any town justice continuing in office pursuant to  such  plan  and
any  town  justice hereafter elected pursuant to the plan established in
such resolution shall have jurisdiction in each [adjacent] town  IN  THE
CONTIGUOUS GEOGRAPHIC AREA to the same extent and effect as if such town
justice were elected in each such town.
  S 8. This act shall take effect April 1, 2010.

                                 PART M

  Section  1.  1. Mandates. As used in this section, "mandate" means any
rule or regulation issued by the chief judge of the court of appeals  or
the  chief administrative judge that creates a new program or requires a
higher level of service for an existing program that a local  government
is required to provide.
  2.  Impact  of  local  mandates.  (a)  There  shall be no new mandates
imposed on a  local  government  without  a  public  accounting  of  the
expected  impact on such local government, which public accounting shall
include the fiscal impacts of such  mandate,  a  cost-benefit  analysis,
documentation  of  input  sought  and  received  from the affected local
government, and proposed sources of revenue to fund such mandate.

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  (b) Notwithstanding paragraph (a) of this subdivision, such a  mandate
may  be  imposed without such accounting if such mandate is necessary to
protect against an urgent threat to public health  or  safety,  provided
that such accounting shall be completed promptly thereafter.
  S 2. This act shall take effect immediately.

                                 PART N

  Section  1.  Section  2431 of the public authorities law is amended by
adding a new closing paragraph to read as follows:
  IT IS FURTHER DECLARED TO BE IN THE PUBLIC  INTEREST  AND  IT  IS  THE
POLICY  OF  THE STATE TO PROVIDE A MEANS BY WHICH STATE AND LOCAL FIRST-
RESPONDER PUBLIC SAFETY AGENCIES CAN ESTABLISH  REGIONAL  COMMUNICATIONS
CAPABILITIES,  INTENDED  TO SERVE AS A PART OF A STATEWIDE INTEROPERABLE
NETWORK, AND TO DO SO BY AUTHORIZING A STATE INSTRUMENTALITY  TO  BORROW
MONEY  AND  USE THE PROCEEDS TO PURCHASE OBLIGATIONS ISSUED BY A MUNICI-
PALITY OR ENTER INTO  SPECIAL  PUBLIC  SAFETY  COMMUNICATIONS  FINANCING
AGREEMENTS  WITH  A  MUNICIPALITY TO FUND THESE COMMUNICATIONS CAPABILI-
TIES, THEREBY RESULTING IN SAVINGS FOR TAXPAYERS.
  S 2. Subdivisions 2, 3 and 10 of section 2432 of the  public  authori-
ties  law,  as amended by section 2 of part E of chapter 494 of the laws
of 2009, are amended, subdivisions 25 and 26 are renumbered subdivisions
26 and 27 and three new subdivisions 25, 28 and 29 are added to read  as
follows:
  (2)  "Bonds"  and  "Notes". The bonds and notes, including any special
program bonds, special school purpose bonds, [and] recovery  act  bonds,
AND PUBLIC SAFETY COMMUNICATIONS BONDS respectively issued by the agency
pursuant  to  this title. Bonds and notes shall not include any tax lien
collateralized securities issued pursuant to this title.
  (3) "Municipal Bond". A bond or note or evidence of debt payable  from
any  local  revenues,  including  taxes,  assessments and rents, which a
municipality may lawfully issue to finance local improvements and public
purposes, including local ARRA bonds AND LOCAL  PUBLIC  SAFETY  COMMUNI-
CATIONS  BONDS, but does not include (a) any bond or note or evidence of
debt issued by any other state or any public body  or  municipal  corpo-
ration  thereof,  (b)  any special program agreement, or (c) any special
school purpose agreement or any special school  deficit  program  agree-
ment.
  (10) "Debt Service Reserve Fund Requirement". With respect to any debt
service  reserve fund created by section twenty-four hundred thirty-nine
of this title relating to bonds other  than  special  program  bonds  or
special  school purpose bonds or special school deficit program bonds or
recovery act bonds OR PUBLIC SAFETY  COMMUNICATIONS  BONDS,  as  of  any
particular date of computation, an amount of money equal to the greatest
of the respective amounts, for the then current or any succeeding calen-
dar  year,  of  annual  debt service payments required to be made to the
agency on all municipal bonds purchased with the proceeds of bonds which
bonds are secured by such debt service reserve fund,  such  annual  debt
service payments for any calendar year being an amount of money equal to
the  aggregate  of (a) all interest payable during such calendar year on
all municipal bonds purchased by the agency and then outstanding on said
date of computation which are secured by such debt service reserve fund,
plus (b) the principal amount of all municipal bonds  purchased  by  the
agency  and  then  outstanding  on said date of computation which mature
during such calendar year and are secured by such debt  service  reserve
fund;  and  with  respect  to  any  debt service reserve fund created by

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section twenty-four hundred thirty-nine of this  title  relating  to  an
issue or issues of special program bonds or special school purpose bonds
or  special school deficit program bonds or recovery act bonds OR PUBLIC
SAFETY  COMMUNICATIONS  BONDS, such amount as shall be determined by the
agency.
  (25) "PUBLIC SAFETY COMMUNICATIONS BONDS". BONDS OF THE AGENCY, ALL OR
A PORTION OF THE PROCEEDS OF WHICH ARE USED TO PURCHASE A  LOCAL  PUBLIC
SAFETY COMMUNICATION BOND OR ENTER INTO A SPECIAL PUBLIC SAFETY COMMUNI-
CATIONS  FINANCING  AGREEMENT, PAYABLE, IN EACH CASE, FROM SUCH FUNDS AS
SHALL BE PROVIDED THEREFOR. THE AMOUNT OF SUCH BONDS ISSUED BY THE AGEN-
CY SHALL NOT EXCEED ONE BILLION DOLLARS.
  (28) "LOCAL PUBLIC SAFETY  COMMUNICATIONS  BONDS".  A  MUNICIPAL  BOND
ISSUED  TO  FINANCE  OR  FUND  ALL OR A PORTION OF THE COSTS OF BUILDING
REGIONAL, INTEROPERABLE PUBLIC COMMUNICATIONS NETWORKS FOR STATEWIDE USE
BY FIRST-RESPONDER AGENCIES IN THE STATE, INCLUDING EQUIPMENT AND  INCI-
DENTAL  COSTS.    LOCAL  PUBLIC  SAFETY  COMMUNICATION BONDS MAY ALSO BE
ISSUED TO REFINANCE OUTSTANDING BONDS ISSUED BY MUNICIPALITIES  FOR  THE
PURPOSES  DESCRIBED HEREIN PROVIDED THAT PRESENT VALUE SAVINGS ARE REAL-
IZED FROM SUCH A REFUNDING.
  (29) "SPECIAL PUBLIC SAFETY COMMUNICATIONS  FINANCING  AGREEMENT".  AN
AGREEMENT BETWEEN THE AGENCY AND A MUNICIPALITY ENTERED INTO PURSUANT TO
SECTION TWENTY-FOUR HUNDRED THIRTY-FIVE-F OF THIS TITLE.
  S  3. Subdivisions 11 and 18 of section 2434 of the public authorities
law, as amended by section 68 of part H of chapter 83  of  the  laws  of
2002, are amended and a new subdivision 7-c is added to read as follows:
  (7-C)  TO  ACQUIRE AND CONTRACT TO ACQUIRE, AND TO ENTER INTO ARRANGE-
MENTS WITH A MUNICIPALITY FOR THE PURCHASE OF ITS  LOCAL  PUBLIC  SAFETY
COMMUNICATIONS BONDS.
  (11)  To  make  and  execute  contracts for the servicing of municipal
bonds acquired by the agency pursuant to this title, and for the servic-
ing of special program agreements,  special  school  purpose  agreements
[and],  special  school  deficit  program agreements, AND SPECIAL PUBLIC
SAFETY COMMUNICATIONS FINANCING AGREEMENTS, and to  pay  the  reasonable
value of services rendered to the agency pursuant to those contracts;
  (18) To establish any terms and provisions with respect to any special
program agreement, special school purpose agreement [or], special school
deficit  program  agreement  OR  SPECIAL  PUBLIC  SAFETY  COMMUNICATIONS
FINANCING AGREEMENT, including any terms  for  payment,  and  any  other
matters  which  are necessary, desirable or advisable in the judgment of
the agency;
  S 4. Subdivisions 1 and 2 of section 2435 of  the  public  authorities
law,  as  amended  by  section 4 of part E of chapter 494 of the laws of
2009, are amended to read as follows:
  1. The agency may purchase, and contract to purchase, municipal  bonds
from  municipalities at such price or prices, upon such terms and condi-
tions and in such manner, not inconsistent with the  provisions  of  the
local  finance law, as the agency shall deem advisable; provided, howev-
er, that the average interest rate payable on all municipal bonds (taken
as a group) purchased with the proceeds of an issue of bonds shall equal
or exceed the interest rate on such issue of bonds. The agency shall not
purchase the municipal bonds of any municipality if  (i)  the  aggregate
principal amount thereof, together with the aggregate principal balances
of the municipal bonds of such municipality then outstanding and held by
the agency, exceed an amount equal to ten percent of the aggregate prin-
cipal amount of the statutory authorization at the time for the issuance
of  bonds  and notes, as provided in section twenty-four hundred thirty-

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eight of this title, and (ii) the  aggregate  principal  amount  thereof
exceeds  an  amount  equal  to  fifty percent of the aggregate principal
amount of all municipal bonds proposed to be so purchased at  the  time;
provided,  however,  that  this  sentence  shall not apply to local ARRA
bonds OR LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS.
  2. The agency shall require as a condition of  purchase  of  municipal
bonds from municipalities that each such municipality shall agree (i) to
pledge its full faith and credit for the payment of the principal of and
interest on such municipal bonds, (ii) to make annual appropriations for
amounts  required  for  the  payment of such principal and interest, and
(iii) if at any time the municipality fails to make the required  appro-
priation  to  pay  such  principal  and  interest,  or fails to make the
payment of the  required  principal  and  interest,  the  provisions  of
section  twenty-four hundred thirty-six and/or twenty-four hundred thir-
ty-six-b of this title shall take effect, PROVIDED  THAT  IN  CONNECTION
WITH  SPECIAL  PUBLIC  SAFETY  COMMUNICATIONS  FINANCING AGREEMENTS, THE
AGENCY MAY REQUIRE THAT EACH MUNICIPALITY THAT HAS ENTERED INTO SUCH  AN
AGREEMENT  WITH  THE AGENCY SHALL AGREE, TO THE EXTENT PERMITTED BY LAW,
(I) TO PLEDGE ITS FULL FAITH AND CREDIT FOR THE  PAYMENT  OF  ITS  OBLI-
GATIONS UNDER SUCH SPECIAL PUBLIC SAFETY COMMUNICATIONS FINANCING AGREE-
MENTS,  (II)  TO MAKE ANNUAL APPROPRIATIONS FOR AMOUNTS REQUIRED FOR THE
PAYMENT REQUIRED TO BE MADE UNDER SUCH SPECIAL  PUBLIC  SAFETY  COMMUNI-
CATIONS  FINANCING  AGREEMENTS. IF AT ANY TIME THE MUNICIPALITY FAILS TO
MAKE THE REQUIRED  APPROPRIATION  TO  PAY  ITS  OBLIGATIONS  UNDER  SUCH
SPECIAL  PUBLIC  SAFETY COMMUNICATIONS FINANCING AGREEMENTS, OR FAILS TO
MAKE THE PAYMENT OF THE REQUIRED AMOUNTS THEREUNDER, THE  PROVISIONS  OF
SECTION  TWENTY-FOUR HUNDRED THIRTY-SIX OF THIS TITLE SHALL TAKE EFFECT.
All municipalities selling municipal bonds  to  the  agency  are  hereby
authorized to make and carry out the agreements with the agency required
in this subdivision.
  S  5.  The  public  authorities law is amended by adding a new section
2436-c to read as follows:
  S 2436-C. LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS. (1) THE AGENCY MAY
PURCHASE LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS USING THE PROCEEDS  OF
PUBLIC  SAFETY  COMMUNICATION  BONDS,  SUBJECT TO THE PROVISIONS OF THIS
SECTION AND TO ANY OTHER PROVISION OF LAW APPLICABLE TO THE MUNICIPALITY
AND BONDS IT ISSUES, INCLUDING ANY DEBT  LIMITATION  APPLICABLE  TO  THE
MUNICIPALITY THAT ISSUED THE LOCAL PUBLIC SAFETY COMMUNICATIONS BOND, AS
WELL  AS  TO  THE OTHER PROVISIONS OF THIS TITLE. TO THE EXTENT THAT ANY
SUCH OTHER PROVISION OF LAW CONFLICTS WITH A PROVISION OF THIS  SECTION,
THE PROVISION OF THIS SECTION SHALL CONTROL, EXCEPT AS OTHERWISE STATED.
  (2)  LOCAL  PUBLIC  SAFETY  COMMUNICATIONS BONDS SHALL BE PAYABLE FROM
FUNDS PROVIDED BY A MUNICIPALITY FOR PAYMENT  THEREOF  AS  WELL  AS  ANY
MONIES AVAILABLE FROM SPECIAL PUBLIC SAFETY COMMUNICATIONS AGREEMENTS.
  (3)  THE  AGENCY'S  PUBLIC  SAFETY  COMMUNICATIONS  BONDS  SECURED  BY
PAYMENTS OF PRINCIPAL AND INTEREST DUE  WITH  RESPECT  TO  LOCAL  PUBLIC
SAFETY  COMMUNICATIONS  BONDS SHALL NOT BE A DEBT OF EITHER THE STATE OR
ANY MUNICIPALITY, AND NEITHER THE STATE NOR ANY  MUNICIPALITY  SHALL  BE
LIABLE  THEREON,  NOR  SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
THOSE OF THE AGENCY; AND SUCH LOCAL PUBLIC SAFETY  COMMUNICATIONS  BONDS
SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH EFFECT.
  (4)  SUBJECT  TO THE PROVISIONS OF ANY CONTRACT WITH HOLDERS OF BONDS,
NOTES OR OTHER OBLIGATIONS, PROCEEDS  OF  PUBLIC  SAFETY  COMMUNICATIONS
BONDS  TO  BE PAID TO A MUNICIPALITY TO PURCHASE ITS LOCAL PUBLIC SAFETY
COMMUNICATIONS BONDS SHALL BE PAID TO THE MUNICIPALITY AND SHALL NOT  BE
COMMINGLED WITH ANY OTHER MONEY OF THE AGENCY.

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  (5)  NOTHING  CONTAINED  IN  THIS TITLE SHALL BE CONSTRUED TO CREATE A
DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL OR  STATUTORY
PROVISIONS.
  (6)  (A)  A  MUNICIPALITY MAY COVENANT AND AGREE THAT THE MUNICIPALITY
WILL NOT LIMIT, ALTER OR IMPAIR THE RIGHTS HEREBY VESTED IN  THE  AGENCY
TO FULFILL THE TERMS OF ANY AGREEMENTS MADE WITH HOLDERS OF THE AGENCY'S
PUBLIC  SAFETY  COMMUNICATIONS BONDS, THE PROCEEDS OF WHICH WERE USED TO
PURCHASE THE MUNICIPALITY'S LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS, OR
IN ANY WAY IMPAIR THE RIGHTS AND REMEDIES OF SUCH HOLDERS OR THE SECURI-
TY FOR SUCH BONDS, UNTIL SUCH BONDS, TOGETHER WITH THE INTEREST  THEREON
AND  ALL  COSTS AND EXPENSES IN CONNECTION WITH ANY ACTION OR PROCEEDING
BY OR ON BEHALF OF SUCH HOLDERS, ARE FULLY PAID AND DISCHARGED.
  (B) ANY SUCH AGREEMENT WITH A MUNICIPALITY MAY BE PLEDGED BY THE AGEN-
CY TO SECURE ITS PUBLIC SAFETY COMMUNICATIONS  BONDS  USED  TO  PURCHASE
LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS ISSUED BY THAT MUNICIPALITY AND
MAY  NOT  BE  MODIFIED THEREAFTER EXCEPT AS PROVIDED BY THE TERMS OF THE
PLEDGE OR SUBSEQUENT AGREEMENTS WITH THE HOLDERS OF SUCH  PUBLIC  SAFETY
COMMUNICATIONS BONDS.
  S  6.  Subdivision 5 of section 2437 of the public authorities law, as
amended by section 6 of part E of chapter 494 of the laws  of  2009,  is
amended to read as follows:
  (5) Any bonds or notes of the agency other than special program bonds,
special school purpose bonds, special school deficit program bonds [or],
recovery  act  bonds OR PUBLIC SAFETY COMMUNICATIONS BONDS shall be sold
at public sale and from time to time upon such terms and at such  prices
as may be determined by the agency, and the agency may pay all expenses,
premiums  and commissions which it may deem necessary or advantageous in
connection with the issuance  and  sale  thereof.  Any  special  program
bonds,  special  school  purpose  bonds,  special school deficit program
bonds [or], recovery act bonds OR  PUBLIC  SAFETY  COMMUNICATIONS  BONDS
shall  be sold at public or private sale and from time to time upon such
terms and at such prices as may be determined by  the  agency,  and  the
agency  may pay all expenses, premiums and commissions which it may deem
necessary or advantageous in connection with the issuance and sale ther-
eof provided, however, that special program bonds relating to a  special
program  agreement entered for the purpose described in paragraph (b) of
subdivision one of section twenty-four  hundred  thirty-five-a  of  this
title  shall  be  sold on or before June thirtieth, two thousand one. No
special program bonds, special  school  purpose  bonds,  special  school
deficit  program bonds, or recovery act bonds, OR PUBLIC SAFETY COMMUNI-
CATIONS BONDS of the agency may be sold by the agency at  private  sale,
however,  unless  such  sale and the terms thereof have been approved in
writing by (a) the comptroller, where such sale  is  not  to  the  comp-
troller,  or  (b)  the director of the budget, where such sale is to the
comptroller.
  S 7. Subdivision 1 of section 2438 of the public authorities  law,  as
amended  by  section  7 of part E of chapter 494 of the laws of 2009, is
amended as follows:
  (1) The agency shall not issue bonds and notes in an aggregate princi-
pal amount at any one time outstanding exceeding  one  billion  dollars,
excluding  tax  lien  collateralized  securities, special school purpose
bonds, special school  deficit  program  bonds,  special  program  bonds
issued to finance the reconstruction, rehabilitation or renovation of an
educational  facility  pursuant  to the provisions of subdivision (b) of
section sixteen of chapter six hundred five of the laws of two thousand,
special program bonds issued to  finance  the  cost  of  a  project  for

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design,  reconstruction  or rehabilitation of a school building pursuant
to the provisions of section fourteen of the city of  Syracuse  and  the
board  of  education of the city school district of the city of Syracuse
cooperative school reconstruction act, recovery act bonds, PUBLIC SAFETY
COMMUNICATIONS  BONDS  and  bonds and notes issued to refund outstanding
bonds and notes.
  S 8. The public authorities law is amended by  adding  a  new  section
2435-f to read as follows:
  S  2435-F.  SPECIAL PUBLIC SAFETY COMMUNICATIONS FINANCING AGREEMENTS.
(1) IN ORDER TO FULFILL THE PURPOSES OF THIS TITLE  AND  NOTWITHSTANDING
ANY  GENERAL OR SPECIAL LAW TO THE CONTRARY, THE AGENCY AND THE APPLICA-
BLE MUNICIPALITY ARE HEREBY AUTHORIZED TO ENTER INTO ONE OR MORE SPECIAL
PUBLIC SAFETY COMMUNICATIONS FINANCING AGREEMENTS, WHICH SPECIAL  PUBLIC
SAFETY  COMMUNICATIONS  FINANCING  AGREEMENTS SHALL, CONSISTENT WITH THE
PROVISIONS OF THIS TITLE, CONTAIN SUCH TERMS, PROVISIONS AND  CONDITIONS
AS, IN THE JUDGMENT OF THE AGENCY, SHALL BE NECESSARY OR DESIRABLE. EACH
SPECIAL  PUBLIC  SAFETY COMMUNICATIONS FINANCING AGREEMENT SHALL SPECIFY
THE AMOUNT TO BE MADE AVAILABLE TO THE APPLICABLE  MUNICIPALITY  THROUGH
THE PROCEEDS OF AN ISSUE OF PUBLIC SAFETY COMMUNICATIONS BONDS AND SHALL
REQUIRE  SUCH MUNICIPALITY TO MAKE PAYMENTS TO THE AGENCY IN THE AMOUNTS
AND THE TIMES DETERMINED BY THE AGENCY TO BE NECESSARY  TO  PROVIDE  FOR
THE  PAYMENT  OF  SUCH  PUBLIC  SAFETY COMMUNICATIONS BONDS AND FOR SUCH
OTHER FEES, CHARGES, COSTS, AND OTHER AMOUNTS AS THE AGENCY SHALL IN ITS
JUDGMENT DETERMINE  TO  BE  NECESSARY  OR  DESIRABLE.  SUCH  PAYMENT  OR
PAYMENTS  TO BE MADE BY THE APPLICABLE MUNICIPALITY TO THE AGENCY AS SET
FORTH IN THIS SECTION SHALL BE MADE FROM SUCH SOURCES AS SHALL BE AGREED
UPON BETWEEN THE APPLICABLE MUNICIPALITY AND THE AGENCY PURSUANT TO  THE
APPLICABLE SPECIAL PUBLIC SAFETY COMMUNICATIONS FINANCING AGREEMENT.
  (2)  ANY  SPECIAL  PUBLIC  SAFETY  COMMUNICATIONS  FINANCING AGREEMENT
ENTERED INTO PURSUANT TO SUBDIVISION ONE OF THIS SECTION  SHALL  PROVIDE
THAT  THE  OBLIGATIONS  THEREUNDER  TO  FUND  OR PAY THE AMOUNTS THEREIN
PROVIDED FOR SHALL NOT CONSTITUTE A DEBT OF THE STATE  OR  SUCH  MUNICI-
PALITY  WITHIN  THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION
AND SHALL BE DEEMED EXECUTORY ONLY TO THE EXTENT OF MONEYS AVAILABLE AND
THAT NO LIABILITY SHALL BE INCURRED BY THE STATE  OR  SUCH  MUNICIPALITY
BEYOND THE MONEYS AVAILABLE FOR SUCH PURPOSE.
  S 9. This act shall take effect immediately.

                                 PART O

  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:
  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

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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  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

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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
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,

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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
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

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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
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

S. 6606--A                         157                        A. 9706--A

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 P

  Section 1. Section 163-c of the state finance law is REPEALED.
  S 2. This act shall take effect immediately.

                                 PART Q

  Section  1.  (a) For the purpose of this section, "insurance carrier,"
and "workers' compensation rating board"  shall  have  the  meaning  set
forth in section 2 of the workers' compensation law.
  (b)  For the purposes of this section, "excess assessment funds" shall
mean any excess of the amount collected by an insurance carrier from its
policy holders in accordance with a calculation provided by the workers'
compensation rating board pursuant  to  subdivision  8  of  section  15,
subdivision  3  of  section  25-a or section 151 of the workers' compen-
sation law attributable to the period April 1, 2008, through  March  31,
2009,  over  the amount paid to the workers' compensation board pursuant
to subdivision 8 of section 15, subdivision 3 of section 25-a or section
151 of the workers' compensation law attributable to the period April 1,
2008, through March 31, 2009.

S. 6606--A                         158                        A. 9706--A

  (c) Any insurance carrier or affiliated group  of  insurance  carriers
that  has  collected excess assessment funds shall pay over to the chair
of the workers' compensation board, within sixty days of  the  effective
date of this subdivision, the amount of such funds.  Such funds shall be
credited  to  the  workers'  compensation account. Any amounts collected
pursuant to this section shall be transferred by the comptroller to  the
general fund, at the request of the director of the budget.
  S 2. This act shall take effect immediately.

                                 PART R

  Section  1.  Subdivisions  2  and  3  of  section 50-a of the workers'
compensation law, as added by chapter 139  of  the  laws  of  2008,  are
amended to read as follows:
  2.  At  any time prior to April first, two thousand [nine] ELEVEN, the
chair may withdraw funds from the uninsured employers fund provided  for
under  section  twenty-six-a  of  this chapter, up to such amount as the
chair determines  is  sufficient  to  fund  any  anticipated  additional
expenses  of such fund, taking into account anticipated available reven-
ues, but in no event to exceed [fifty-two] SEVENTY-FIVE million  dollars
in  the aggregate. Such funds shall be deposited into the group self-in-
surer offset fund, and used in accordance with subdivision one  of  this
section.  As  consistent with this section, the chair may set the timing
of such withdrawals in its discretion.
  3. Beginning on January first, two thousand  [ten]  TWELVE,  and  each
year thereafter, the chair shall add to the total of each annual assess-
ment made under paragraph g of subdivision five of section fifty of this
article  the  sum  of  up  to  three million dollars, to be allocated to
private group and individual self-insurers in accordance with such para-
graph. The chair shall assess additional funds under this  paragraph  as
necessary  to  insure  that  there  are sufficient funds in the fund for
uninsured employers to meet its liabilities, or if necessary in  accord-
ance  with  section one hundred fifty-one of this chapter. Such funds as
are collected pursuant to this subdivision shall be deposited  into  the
uninsured employer fund until all funds withdrawn therefrom under subdi-
vision  one  of this section are returned with interest calculated at an
annual rate equal to the rate of return on funds in the fund  for  unin-
sured employers from the prior year.
  S  2.  Section  1108  of  the insurance law is amended by adding a new
subsection (j) to read as follows:
  (J) ANY GROUP OF EMPLOYERS AUTHORIZED  BY  THE  WORKERS'  COMPENSATION
BOARD TO PROVIDE WORKERS' COMPENSATION BENEFITS FOR THE EMPLOYEES OF ALL
MEMBER EMPLOYERS PURSUANT TO SUBDIVISION THREE-A OF SECTION FIFTY OF THE
WORKERS' COMPENSATION LAW.
  S  3. The second undesignated paragraph of subdivision 3 of section 50
of the workers' compensation law, as amended by chapter 6 of the laws of
2007, is amended to read as follows:
  If for any reason the status of an employer under this subdivision  is
terminated,  the securities or the surety bond, or the securities, cash,
or irrevocable letters of credit and surety bond, on deposit referred to
herein shall remain in the custody of the chair  for  [a  period  of  at
least  twenty-six  months.  At  the  expiration  of]  such time [or such
further time period] as the chair may deem proper  and  warranted  under
the circumstances[, and so designates, the chair may accept in]. IN
 lieu thereof, [and for the additional purpose of] AND AT THE DISCRETION
OF THE CHAIR, THE EMPLOYER, HIS OR HER HEIRS OR ASSIGNS OR OTHERS CARRY-

S. 6606--A                         159                        A. 9706--A

ING  ON OR LIQUIDATING SUCH BUSINESS, MAY EXECUTE AN ASSUMPTION OF WORK-
ERS' COMPENSATION LIABILITY INSURANCE POLICY securing such  further  and
future  contingent liability as may arise from prior injuries to workers
and  be  incurred  by  reason of any change in condition of such workers
warranting the board making subsequent awards for payment of  additional
compensation[,  a  policy  of  insurance  furnished by the employer, his
heirs or assigns or others carrying on or  liquidating  such  business].
Such  policy shall be in a form approved by the superintendent of insur-
ance and issued by the state fund or any insurance company  licensed  to
issue  this  class  of  insurance  in this state. IN THE EVENT THAT SUCH
POLICY IS ISSUED BY AN INSURANCE COMPANY OTHER THAN THE STATE FUND, THEN
SAID POLICY SHALL BE DEEMED OF THE KIND SPECIFIED IN  PARAGRAPH  FIFTEEN
OF  SUBSECTION  (A)  OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE
INSURANCE LAW AND COVERED BY THE WORKERS' COMPENSATION SECURITY FUND  AS
CREATED  AND GOVERNED BY ARTICLE SIX-A OF THIS CHAPTER. It shall only be
issued for a single complete premium payment in advance by the  employer
AND  IN  AN AMOUNT DEEMED ACCEPTABLE BY THE CHAIR AND THE SUPERINTENDENT
OF INSURANCE. IN  LIEU  OF  THE  APPLICABLE  PREMIUM  CHARGE  ORDINARILY
REQUIRED  TO  BE  IMPOSED  BY  A  CARRIER,  SAID PREMIUM SHALL INCLUDE A
SURCHARGE IN AN AMOUNT TO BE DETERMINED BY THE CHAIR TO:    (I)  SATISFY
ALL  ASSESSMENT  LIABILITY  DUE  AND OWING TO THE BOARD AND/OR THE CHAIR
UNDER THIS CHAPTER; AND (II) SATISFY  ALL  FUTURE  ASSESSMENT  LIABILITY
UNDER  THIS SECTION. SAID SURCHARGE SHALL BE PAYABLE TO THE BOARD SIMUL-
TANEOUS TO THE EXECUTION OF  THE  ASSUMPTION  OF  WORKERS'  COMPENSATION
LIABILITY  INSURANCE POLICY. HOWEVER, THE PAYMENT OF SAID SURCHARGE DOES
NOT RELIEVE THE CARRIER FROM ANY OTHER  LIABILITY,  INCLUDING  LIABILITY
OWED  TO  THE  SUPERINTENDENT  OF INSURANCE PURSUANT TO ARTICLE SIX-A OF
THIS CHAPTER. [It shall be given in an amount to be  determined  by  the
chair and when] WHEN issued SUCH POLICY shall be non-cancellable WITHOUT
RECOURSE  for  any cause during the continuance of the liability secured
and so covered.
  S 4. Paragraph 7 of subdivision 3-a of  section  50  of  the  workers'
compensation  law,  as  amended  by  chapter 139 of the laws of 2008, is
amended to read as follows:
  (7) (a) If for any reason, the status of a  group  self-insurer  under
this  subdivision  is  terminated,  the securities or cash or the surety
bond on deposit referred to herein shall remain in the  custody  of  the
chair for [a period of at least twenty-six months. At the expiration of]
such  time  [or  such  further  period] as the chair may deem proper and
warranted[, he or she may accept in]. IN  lieu  thereof,  [and  for  the
additional  purpose  of]  AND  AT THE DISCRETION OF THE CHAIR, THE GROUP
SELF-INSURER, ITS HEIRS OR ASSIGNS OR OTHERS CARRYING ON OR  LIQUIDATING
SUCH GROUP SELF-INSURER, INCLUDING THE CHAIR ON THE GROUP SELF-INSURER'S
BEHALF,  MAY  EXECUTE  AN  ASSUMPTION OF WORKERS' COMPENSATION LIABILITY
INSURANCE POLICY securing such further and future  contingent  liability
as may arise from prior injuries to workers and be incurred by reason of
any  change in the condition of such workers warranting the board making
subsequent awards for payment of additional compensation[, a  policy  of
insurance  furnished by the group self-insurer, its successor or assigns
or others carrying on or  liquidating  such  group  self-insurer].  Such
policy  shall  be  in a form approved by the superintendent of insurance
and issued by the state fund or any insurance company licensed to  issue
this class of insurance in this state.  IN THE EVENT THAT SUCH POLICY IS
ISSUED  BY  AN  INSURANCE  COMPANY  OTHER THAN THE STATE FUND, THEN SAID
POLICY SHALL BE DEEMED OF THE KIND SPECIFIED  IN  PARAGRAPH  FIFTEEN  OF
SUBSECTION  (A)  OF  SECTION  ONE  THOUSAND  ONE HUNDRED THIRTEEN OF THE

S. 6606--A                         160                        A. 9706--A

INSURANCE LAW AND COVERED BY THE WORKERS' COMPENSATION SECURITY FUND  AS
CREATED  AND GOVERNED BY ARTICLE SIX-A OF THIS CHAPTER. It shall only be
issued for a single complete premium payment in  advance  by  the  group
self-insurer  AND  IN  AN  AMOUNT DEEMED ACCEPTABLE BY THE CHAIR AND THE
SUPERINTENDENT OF INSURANCE. IN LIEU OF THE  APPLICABLE  PREMIUM  CHARGE
ORDINARILY  REQUIRED  TO  BE  IMPOSED  BY  A CARRIER, SAID PREMIUM SHALL
INCLUDE A SURCHARGE IN AN AMOUNT TO BE DETERMINED BY THE CHAIR  TO:  (I)
SATISFY  ALL  ASSESSMENT LIABILITY DUE AND OWING TO THE BOARD AND/OR THE
CHAIR UNDER THIS CHAPTER; AND (II) SATISFY ALL FUTURE ASSESSMENT LIABIL-
ITY UNDER THIS SECTION. SAID SURCHARGE SHALL BE  PAYABLE  TO  THE  BOARD
SIMULTANEOUS TO THE EXECUTION OF THE ASSUMPTION OF WORKERS' COMPENSATION
LIABILITY  INSURANCE POLICY. HOWEVER, THE PAYMENT OF SAID SURCHARGE DOES
NOT RELIEVE THE CARRIER FROM ANY OTHER  LIABILITY,  INCLUDING  LIABILITY
OWED  TO  THE  SUPERINTENDENT  OF INSURANCE PURSUANT TO ARTICLE SIX-A OF
THIS CHAPTER.  [It shall be given in an amount to be determined  by  the
chair  and when] WHEN issued SUCH POLICY shall be noncancellable WITHOUT
RECOURSE for any cause during the continuance of the  liability  secured
and so covered.
  (b)  The  chair shall levy an assessment on the members of a defaulted
group self-insurer within one hundred twenty days of such default or  of
the  effective  date  of  the  chapter of the laws of two thousand eight
which amended this subdivision, whichever  is  later,  and  against  the
members  of  any other terminated group self-insurer when necessary, for
such an amount as he or she determines to be necessary to discharge  all
liabilities  of the group self-insurer, including the reasonable cost of
liquidation such as claims administration costs, actuarial and  account-
ing  services,  and  the  value of future assessments on members of such
group self-insurer. The chair may impose subsequent deficit assessments,
or return funds to members, to adjust the moneys  collected  to  reflect
the time of participation, and percent of group self-insurer liabilities
for such time. Notwithstanding any such action by the chair, each member
of the group self-insurer shall remain jointly and severally responsible
for  all  liabilities provided by this chapter including but not limited
to  outstanding  and  estimated  future  liabilities  and   assessments.
FURTHER,  SEPARATE  AND  APART FROM, AND IN ADDITION TO A MEMBER'S JOINT
AND SEVERAL LIABILITY AND NOTWITHSTANDING ANY PAYMENTS MADE BY ANY OTHER
MEMBERS OF THE GROUP SELF-INSURER PURSUANT TO THIS SUBPARAGRAPH, IN  THE
EVENT THAT A MEMBER NEGLECTS OR FAILS TO PAY AN ASSESSMENT LEVIED PURSU-
ANT  TO  THIS SUBPARAGRAPH, THE MEMBER SHALL BE DEEMED IN DEFAULT IN THE
PAYMENT OF COMPENSATION.  SUCH  DEFAULTING  MEMBER  IS  SUBJECT  TO  THE
ENFORCEMENT  PROVISIONS  OF  SECTION  TWENTY-SIX OF THIS CHAPTER FOR THE
PAYMENT OF ALL COMPENSATION RELATIVE TO AWARDS DUE AND OWING  ON  CLAIMS
FILED BY THE EMPLOYEES OF SUCH MEMBER THAT HAVE NEITHER BEEN PAID BY THE
MEMBER  OR  THE  GROUP  SELF-INSURER.  Nothing  in  this paragraph shall
prevent the chair from offering payment plans or settling claims against
members of any group self-insurer as necessary to facilitate collection.
  (C) UPON THE ASSUMPTION OF THE  ASSETS  AND  LIABILITIES  OF  A  GROUP
SELF-INSURER  BY THE CHAIR OR HIS OR HER DESIGNEE PURSUANT TO REGULATION
OF THE CHAIR, ALL RECORDS,  DOCUMENTS  AND  FILES  OF  WHATEVER  NATURE,
PERTAINING  TO  THE GROUP SELF-INSURER, BE THEY IN THE POSSESSION OF THE
GROUP SELF-INSURER OR A THIRD PARTY, AND ALL  REMAINING  ASSETS  OF  THE
GROUP  SELF-INSURER,  SHALL BECOME THE PROPERTY OF THE CHAIR. ALL CUSTO-
DIANS OF SUCH RECORDS AND/OR FUNDS SHALL TURN OVER TO THE CHAIR  OR  HIS
DESIGNEE ALL SUCH ORIGINAL RECORDS UPON DEMAND.
  S  5.  Subdivision 4 of section 50 of the workers' compensation law is
amended by adding a new paragraph e to read as follows:

S. 6606--A                         161                        A. 9706--A

  E. IF FOR ANY REASON THE STATUS OF  A  COUNTY,  CITY,  VILLAGE,  TOWN,
SCHOOL  DISTRICT,  FIRE DISTRICT OR OTHER POLITICAL SUBDIVISION OF STATE
IS TERMINATED, AT  THE  DISCRETION  OF  THE  CHAIR,  THE  COUNTY,  CITY,
VILLAGE,  TOWN, SCHOOL DISTRICT, FIRE DISTRICT OR OTHER POLITICAL SUBDI-
VISION  OF  STATE,  MAY  EXECUTE  AN ASSUMPTION OF WORKERS' COMPENSATION
LIABILITY INSURANCE POLICY SECURING SUCH FURTHER AND  FUTURE  CONTINGENT
LIABILITY AS MAY ARISE FROM PRIOR INJURIES TO WORKERS AND BE INCURRED BY
REASON  OF  ANY  CHANGE  IN THE CONDITION OF SUCH WORKERS WARRANTING THE
BOARD MAKING SUBSEQUENT AWARDS FOR PAYMENT OF  ADDITIONAL  COMPENSATION.
SUCH  POLICY SHALL BE IN A FORM APPROVED BY THE SUPERINTENDENT OF INSUR-
ANCE AND SHALL BE ISSUED BY THE STATE  FUND  OR  ANY  INSURANCE  COMPANY
LICENSED  TO ISSUE THIS CLASS OF POLICY IN THIS STATE. IN THE EVENT THAT
SUCH POLICY IS ISSUED BY AN INSURANCE COMPANY OTHER THAN THE STATE FUND,
THEN SAID POLICY SHALL BE DEEMED TO BE INSURANCE OF THE  KIND  SPECIFIED
IN  PARAGRAPH  FIFTEEN  OF  SUBSECTION  (A)  OF SECTION ONE THOUSAND ONE
HUNDRED THIRTEEN OF THE  INSURANCE  LAW  AND  COVERED  BY  THE  WORKERS'
COMPENSATION  SECURITY  FUND AS CREATED AND GOVERNED BY ARTICLE SIX-A OF
THIS CHAPTER. IT SHALL ONLY BE ISSUED  FOR  A  SINGLE  COMPLETE  PREMIUM
PAYMENT  IN ADVANCE BY THE COUNTY, CITY, VILLAGE, TOWN, SCHOOL DISTRICT,
FIRE DISTRICT OR OTHER POLITICAL SUBDIVISION OF STATE AND IN  AN  AMOUNT
DEEMED  ACCEPTABLE  BY THE CHAIR AND THE SUPERINTENDENT OF INSURANCE. IN
LIEU OF THE APPLICABLE PREMIUM CHARGE ORDINARILY REQUIRED TO BE  IMPOSED
BY  A CARRIER, SAID PREMIUM SHALL INCLUDE A SURCHARGE IN AN AMOUNT TO BE
DETERMINED BY THE CHAIR TO SATISFY  ALL  ASSESSMENT  LIABILITY  DUE  AND
OWING  TO  THE BOARD AND/OR THE CHAIR UNDER THIS CHAPTER. SAID SURCHARGE
SHALL BE PAYABLE TO THE BOARD  SIMULTANEOUS  TO  THE  EXECUTION  OF  THE
ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY. HOWEVER,
THE  PAYMENT  OF  SAID  SURCHARGE  DOES NOT RELIEVE THE CARRIER FROM ANY
OTHER LIABILITY, INCLUDING  LIABILITY  OWED  TO  THE  SUPERINTENDENT  OF
INSURANCE  PURSUANT  TO  ARTICLE SIX-A OF THIS CHAPTER. WHEN ISSUED SUCH
POLICY SHALL BE NON-CANCELLABLE WITHOUT RECOURSE FOR  ANY  CAUSE  DURING
THE CONTINUANCE OF THE LIABILITY SECURED AND SO COVERED.
  S  6. Section 73 of the workers' compensation law, as added by chapter
849 of the laws of 1955, is amended to read as follows:
  S 73. Abandonment of plan. The board of supervisors of a county may by
local law provide for the abandonment of a plan,  effective  as  of  the
close  of  the calendar year then in progress. Such plan, however, shall
continue to  operate  thereafter  until  all  liabilities  of  the  plan
incurred  prior to such effective date shall have been satisfied and all
advances to the county self-insurance fund shall have been repaid.  Such
local  law  shall provide a method for the distribution of any assets of
the plan remaining after all such liabilities have been  satisfied.  The
provisions  of this section shall not apply to any plan abandoned pursu-
ant to section sixty-one of this chapter.   AT  THE  DISCRETION  OF  THE
CHAIR, THE BOARD OF SUPERVISORS OF A COUNTY MAY EXECUTE AN ASSUMPTION OF
WORKERS'  COMPENSATION  LIABILITY INSURANCE POLICY SECURING SUCH FURTHER
AND FUTURE CONTINGENT LIABILITY AS MAY  ARISE  FROM  PRIOR  INJURIES  TO
WORKERS AND BE INCURRED BY REASON OF ANY CHANGE IN THE CONDITION OF SUCH
WORKERS  WARRANTING  THE  BOARD  MAKING SUBSEQUENT AWARDS FOR PAYMENT OF
ADDITIONAL COMPENSATION. SUCH POLICY SHALL BE IN A FORM APPROVED BY  THE
SUPERINTENDENT OF INSURANCE AND SHALL BE ISSUED BY THE STATE FUND OR ANY
INSURANCE  COMPANY  LICENSED  TO  ISSUE  THIS CLASS OF INSURANCE IN THIS
STATE. IN THE EVENT THAT SUCH POLICY IS ISSUED BY AN  INSURANCE  COMPANY
OTHER THAN THE STATE FUND, THEN SAID POLICY SHALL BE DEEMED TO BE OF THE
KIND  SPECIFIED  IN  PARAGRAPH  FIFTEEN OF SUBSECTION (A) OF SECTION ONE
THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW AND  COVERED  BY  THE

S. 6606--A                         162                        A. 9706--A

WORKERS'  COMPENSATION  SECURITY FUND AS CREATED AND GOVERNED BY ARTICLE
SIX-A OF THIS CHAPTER. IT SHALL ONLY BE ISSUED  FOR  A  SINGLE  COMPLETE
PREMIUM  PAYMENT  IN  ADVANCE BY THE COUNTY, CITY, VILLAGE, TOWN, SCHOOL
DISTRICT,  FIRE  DISTRICT OR OTHER POLITICAL SUBDIVISION OF STATE AND IN
AN AMOUNT DEEMED ACCEPTABLE BY  THE  CHAIR  AND  THE  SUPERINTENDENT  OF
INSURANCE.  IN LIEU OF THE APPLICABLE PREMIUM CHARGE ORDINARILY REQUIRED
TO BE IMPOSED BY A CARRIER, SAID PREMIUM SHALL INCLUDE A SURCHARGE IN AN
AMOUNT TO BE DETERMINED BY THE CHAIR TO SATISFY ALL ASSESSMENT LIABILITY
DUE AND OWING TO THE BOARD AND/OR THE CHAIR  UNDER  THIS  CHAPTER.  SAID
SURCHARGE SHALL BE PAYABLE TO THE BOARD SIMULTANEOUS TO THE EXECUTION OF
THE  ASSUMPTION  OF  WORKERS'  COMPENSATION  LIABILITY INSURANCE POLICY.
HOWEVER, THE PAYMENT OF SAID SURCHARGE DOES NOT RELIEVE THE CARRIER FROM
ANY OTHER LIABILITY, INCLUDING LIABILITY OWED TO THE  SUPERINTENDENT  OF
INSURANCE  PURSUANT  TO  ARTICLE SIX-A OF THIS CHAPTER. WHEN ISSUED SUCH
POLICY SHALL BE NON-CANCELLABLE WITHOUT RECOURSE FOR  ANY  CAUSE  DURING
THE CONTINUANCE OF THE LIABILITY SECURED AND SO COVERED.
  S  7. The eighth undesignated paragraph of section 106 of the workers'
compensation law, as amended by chapter 598 of  the  laws  of  2000,  is
amended to read as follows:
  "Carrier"  means a stock or mutual corporation or a reciprocal insurer
or a nonprofit property/casualty insurance company, if such  corporation
or  insurer  is  authorized to transact the business of workers' compen-
sation insurance in this state, INCLUDING BUT NOT LIMITED TO  THE  ISSU-
ANCE OF AN ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLI-
CY,  but  not  including  any  such  corporation  or  insurer  which  is
insolvent.
  S 8. This act shall take effect immediately.

                                 PART S

  Section 1. The division of the budget and office of  the  state  comp-
troller  may  dedicate such officers and employees as may be needed to a
joint project, which shall  be  known  as  the  state  financial  system
project, and which shall be responsible for the development, implementa-
tion  and maintenance of a single, statewide financial management system
for use by the state comptroller and all agencies. The division  of  the
budget  and  the  office of the state comptroller shall serve jointly as
the appointing authority for all titles within the  project,  and  shall
jointly  appoint a project manager therefor. For purposes of appointment
and promotion under the civil service law, the  state  financial  system
project shall be treated as if it were a single department.
  S 2. This act shall take effect immediately.

                                 PART T

  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

S. 6606--A                         163                        A. 9706--A

  (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
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

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ALSO APPLY TO THE PROVISION OF ANY BENEFITS PURSUANT  TO  THIS  SUBDIVI-
SION.    NOTWITHSTANDING  THE PROVISIONS OF THIS SUBDIVISION, THE PRESI-
DENT'S ELECTION TO PROVIDE HEALTH BENEFITS DIRECTLY TO PLAN PARTICIPANTS
SHALL  NOT CONSTITUTE THE DOING OF INSURANCE BUSINESS WITHIN THE MEANING
OF ARTICLE ELEVEN OF THE INSURANCE  LAW.  All  of  the  benefits  to  be
provided  under  this  article  may  be  included in one or more similar
contracts, or the benefits may be classified 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
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

S. 6606--A                         165                        A. 9706--A

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] SUPPLEMENTARY PLAN. 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-insurance 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
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.

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  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 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

S. 6606--A                         167                        A. 9706--A

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
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. 6606--A                         168                        A. 9706--A

  S 7. Paragraph (a) of subdivision 1 and subdivisions 2, 4, 5 and 6  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, subdivision 5 as amended by chapter 617 of the laws
of  1967, and subdivision 6 as amended by section 2 of part C of chapter
56 of the laws of 2006, 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
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

S. 6606--A                         169                        A. 9706--A

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
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

S. 6606--A                         170                        A. 9706--A

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.
  6. There is hereby created a health  insurance  fund  which  shall  be
available  without  fiscal  year  limitation for premium or subscription
charge payments, FOR PAYMENT OF HEALTH BENEFITS  TO  PLAN  PARTICIPANTS,
AND   FOR  ADMINISTRATIVE  SERVICES  under  any  contract  or  contracts
purchased in accordance with this article.  The  amounts  withheld  from
employees and retired employees under subdivision three of this section,
all amounts appropriated by the state to such health insurance fund, and
all amounts contributed by any participating employer pursuant to subdi-
vision  two  of this section, shall be credited to such health insurance
fund. The income derived from any dividends, premium rate adjustments or
other refunds under any such contract or contracts shall be credited  to
such  fund and retained therein as a special reserve for adverse fluctu-
ation in future charges under any such contract or contracts. Any inter-
est earned by the investment of moneys in  such  health  insurance  fund
shall  be  added  to such special reserve, become a part of such special
reserve, and be used for the purpose of such special reserve.
  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. 6606--A                         171                        A. 9706--A

  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
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

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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
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

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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
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

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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 such article 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
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,  are  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  OR  THE  PLAN  ADMINISTRATOR OR ADMINISTRATORS 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 carri-
ers 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 carri-
ers 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 pursu-
ant  to  the  procedures  for authorization of expenditures contained in
article [XI] ELEVEN of the civil service law  upon  the  issuance  of  a

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certificate  of  approval  of availability by the director of the budget
and subject to audit and warrant of the comptroller.
  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-
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.  Subsection (b) of section 1101 of the insurance law is amended
by adding a new subparagraph 6 to read as follows:
  (6) NOTWITHSTANDING THE FOREGOING, THE ELECTION BY  THE  PRESIDENT  OF
THE  CIVIL SERVICE COMMISSION TO PROVIDE HEALTH BENEFITS DIRECTLY TO NEW
YORK STATE HEALTH BENEFIT PLAN PARTICIPANTS  SHALL  NOT  CONSTITUTE  THE
DOING  OF INSURANCE BUSINESS WITHIN THE MEANING OF ARTICLE ELEVEN OF THE
INSURANCE LAW.
  S 19. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2010.

                                 PART U

  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
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 April 1, 2010.

                                 PART V

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  Section 1. The retirement and social security law is amended by adding
a new section 16-e to read as follows:
  S 16-E. AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILL FOR
FISCAL  YEAR  ENDING MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN. A.  IF THE
COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTIZATION OF
EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE  BASIS  OF
THE ANNUAL ACTUARIAL VALUATION MADE AS OF APRIL FIRST, TWO THOUSAND NINE
AS  PROVIDED  FOR  IN  THIS CHAPTER, THE COMPTROLLER SHALL DETERMINE THE
AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE INSURANCE,  DEFICIENCY
PAYMENTS, ADJUSTMENTS RELATING TO PRIOR TO FISCAL YEARS' OBLIGATIONS AND
OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES OR ANY OTHER OBLIGATIONS
THAT THE STATE IS PERMITTED TO PAY ON AN AMORTIZED BASIS) REQUIRED TO BE
PAID  PURSUANT  TO SECTION TWENTY-THREE-A OF THIS ARTICLE FOR THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN. THE AMOUNT BY WHICH
THE CONTRIBUTION AMOUNT WITH RESPECT TO THE  FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST,  TWO  THOUSAND ELEVEN EXCEEDS NINE AND ONE-HALF PERCENT OF
THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL YEAR  ENDING  MARCH
THIRTY-FIRST,  TWO  THOUSAND  ELEVEN  SHALL  BE THE "AMOUNT ELIGIBLE FOR
AMORTIZATION." THE "AMOUNT ELIGIBLE FOR AMORTIZATION" MAY  BE  AMORTIZED
OVER  A  TEN-YEAR  PERIOD  AT  A  FIXED RATE OF INTEREST PER ANNUM TO BE
DETERMINED BY THE COMPTROLLER TO BE APPLIED TO THE UNPAID BALANCE OF THE
AMOUNTS ELIGIBLE FOR AMORTIZATION OF ALL EMPLOYERS, WHICH APPROXIMATES A
MARKET RATE OF RETURN ON TAXABLE  FIXED  RATE  SECURITIES  WITH  SIMILAR
TERMS ISSUED BY COMPARABLE ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS
PAYABLE  DURING  THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND
TWELVE.
  B. THE STATE MAY, IN LIEU OF PAYING ITS BILL FOR  FISCAL  YEAR  ENDING
MARCH  THIRTY-FIRST, TWO THOUSAND ELEVEN, PAY A LESSER AMOUNT DURING THE
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN  WHICH  SHALL
BE DETERMINED BY THE COMPTROLLER TO EQUAL THE FOLLOWING AMOUNT:
  THE  ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST, TWO
THOUSAND ELEVEN, CALCULATED PURSUANT TO SECTION TWENTY-THREE-A  OF  THIS
ARTICLE  (WITHOUT  REFERENCE  TO THIS SECTION) LESS THE "AMOUNT ELIGIBLE
FOR AMORTIZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION.
  C. IF THE STATE MAKES THE PAYMENT PROVIDED FOR  IN  SUBDIVISION  B  OF
THIS  SECTION,  THE  STATE SHALL PAY DURING THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND TWELVE AN  AMOUNT  DETERMINED  BY  THE  COMP-
TROLLER BY ADDING THE FOLLOWING TWO AMOUNTS TOGETHER:
  (1)  THE  STATE'S  ENTIRE  BILL  FOR  THE  FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST, TWO THOUSAND TWELVE, CALCULATED PURSUANT TO SECTION  TWEN-
TY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION), LESS THE
"AMOUNT  ELIGIBLE  FOR  AMORTIZATION"  DETERMINED  PURSUANT  TO  SECTION
SIXTEEN-F OF THIS TITLE, IF APPLICABLE, AND
  (2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION.
  D.  THE  REMAINING  AMORTIZED  PAYMENTS DETERMINED PURSUANT TO SECTION
SIXTEEN-C AND SIXTEEN-D OF THIS TITLE AND PURSUANT TO THIS SECTION SHALL
BE DUE AND PAYABLE EACH SUBSEQUENT FISCAL  YEAR  DURING  THE  APPLICABLE
AMORTIZATION  PERIOD. THE COMPTROLLER SHALL HAVE THE AUTHORITY TO PERMIT
THE PRE-PAYMENT OF THE REMAINING BALANCE OF  THE  "AMOUNT  ELIGIBLE  FOR
AMORTIZATION,"  DETERMINED PURSUANT TO BOTH SUCH SECTIONS SUBJECT TO THE
FOLLOWING:
  (1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND TEN, IN ADDITION TO ADVIS-
ING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND  FOR
THE  PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT TO
SECTIONS SIXTEEN-C AND SIXTEEN-D OF THIS  TITLE  AND  PURSUANT  TO  THIS

S. 6606--A                         177                        A. 9706--A

SECTION,  THE COMPTROLLER SHALL ADVISE THE STATE OF THE TOTAL AMOUNT DUE
AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT  IN  FULL  OF  SAID  AMOUNT  FOR
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN.
  (2)  ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIODS, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING  AND
FOR  THE  PAYMENT  OF THE ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL  AMOUNT  STILL  OUTSTANDING  AND  BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
  S 2. The retirement and social security law is amended by adding a new
section 16-f to read as follows:
  S 16-F. AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILL FOR
FISCAL  YEAR  ENDING  MARCH THIRTY-FIRST, TWO THOUSAND TWELVE. A. IF THE
COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTIZATION OF
EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE  BASIS  OF
THE  ANNUAL ACTUARIAL VALUATION MADE AS OF APRIL FIRST, TWO THOUSAND TEN
AS PROVIDED FOR IN THIS CHAPTER, THE  COMPTROLLER  SHALL  DETERMINE  THE
AMOUNT  (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE INSURANCE, DEFICIENCY
PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL  YEARS'  OBLIGATIONS  AND
OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES OR ANY OTHER OBLIGATIONS
THAT THE STATE IS PERMITTED TO PAY ON AN AMORTIZED BASIS) REQUIRED TO BE
PAID  PURSUANT  TO SECTION TWENTY-THREE-A OF THIS ARTICLE FOR THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND TWELVE. THE AMOUNT BY WHICH
THE CONTRIBUTION AMOUNT WITH RESPECT TO THE  FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST,  TWO  THOUSAND  TWELVE EXCEEDS TEN AND ONE-HALF PERCENT OF
THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL YEAR  ENDING  MARCH
THIRTY-FIRST,  TWO  THOUSAND  TWELVE  SHALL  BE THE "AMOUNT ELIGIBLE FOR
AMORTIZATION." THE "AMOUNT ELIGIBLE FOR AMORTIZATION" MAY  BE  AMORTIZED
OVER  A  TEN-YEAR  PERIOD  AT  A  FIXED RATE OF INTEREST PER ANNUM TO BE
DETERMINED BY THE COMPTROLLER TO BE APPLIED TO THE UNPAID BALANCE OF THE
AMOUNTS ELIGIBLE FOR AMORTIZATION OF ALL EMPLOYERS, WHICH APPROXIMATES A
MARKET RATE OF RETURN ON TAXABLE  FIXED  RATE  SECURITIES  WITH  SIMILAR
TERMS ISSUED BY COMPARABLE ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS
PAYABLE  DURING  THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND
THIRTEEN.
  B. THE STATE MAY, IN LIEU OF PAYING ITS BILL FOR  FISCAL  YEAR  ENDING
MARCH  THIRTY-FIRST, TWO THOUSAND TWELVE, PAY A LESSER AMOUNT DURING THE
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND TWELVE  WHICH  SHALL
BE  DETERMINED  BY  THE  COMPTROLLER BY ADDING THE FOLLOWING TWO AMOUNTS
TOGETHER:
  (1) THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH  THIRTY-FIRST,
TWO  THOUSAND  TWELVE,  CALCULATED PURSUANT TO SECTION TWENTY-THREE-A OF
THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGI-
BLE FOR AMORTIZATION" DETERMINED  PURSUANT  TO  SUBDIVISION  A  OF  THIS
SECTION; AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A  OF  SECTION  SIXTEEN-E  OF
THIS TITLE, IF APPLICABLE.
  C.  IF  THE  STATE  MAKES THE PAYMENT PROVIDED FOR IN SUBDIVISION B OF
THIS SECTION, THE STATE SHALL PAY DURING THE FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST,  TWO  THOUSAND  THIRTEEN AN AMOUNT DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING THREE AMOUNTS TOGETHER:
  (1)  THE  STATE'S  ENTIRE  BILL  FOR  THE  FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST,  TWO  THOUSAND  THIRTEEN,  CALCULATED  PURSUANT TO SECTION
TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION)  LESS

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THE  "AMOUNT  ELIGIBLE  FOR AMORTIZATION" DETERMINED PURSUANT TO SECTION
SIXTEEN-G OF THIS ARTICLE, IF APPLICABLE,
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION, AND
  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO  SUBDIVISION A OF SECTION SIXTEEN-E OF
THIS TITLE, IF APPLICABLE.
  D. THE REMAINING AMORTIZED PAYMENTS DETERMINED  PURSUANT  TO  SECTIONS
SIXTEEN-C,  SIXTEEN-D,  AND SIXTEEN-E OF THIS TITLE AND PURSUANT TO THIS
SECTION SHALL BE DUE AND PAYABLE EACH SUBSEQUENT FISCAL YEAR DURING  THE
APPLICABLE AMORTIZATION PERIOD. THE COMPTROLLER SHALL HAVE THE AUTHORITY
TO PERMIT THE PRE-PAYMENT OF THE REMAINING BALANCE OF THE "AMOUNT ELIGI-
BLE FOR AMORTIZATION," DETERMINED PURSUANT TO BOTH SUCH SECTIONS SUBJECT
TO THE FOLLOWING:
  (1)  ON  OR  BEFORE  AUGUST FIRST, TWO THOUSAND ELEVEN, IN ADDITION TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO SECTIONS SIXTEEN-C, SIXTEEN-D, AND SIXTEEN-E OF THIS TITLE AND PURSU-
ANT TO THIS SECTION, THE COMPTROLLER SHALL ADVISE THE STATE OF THE TOTAL
AMOUNT DUE AND BE AUTHORIZED TO  ACCEPT  PRE-PAYMENT  IN  FULL  OF  SAID
AMOUNT FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND TWELVE.
  (2)  ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIODS, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING  AND
FOR  THE  PAYMENT  OF THE ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL  AMOUNT  STILL  OUTSTANDING  AND  BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
  S 3. The retirement and social security law is amended by adding a new
section 16-g to read as follows:
  S 16-G. AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILL FOR
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN.  A. IF THE
COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTIZATION OF
EMPLOYER  CONTRIBUTIONS  PURSUANT TO THIS SECTION, THEN, ON THE BASIS OF
THE ANNUAL ACTUARIAL VALUATION MADE AS  OF  APRIL  FIRST,  TWO  THOUSAND
ELEVEN  AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL DETERMINE
THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE  INSURANCE,  DEFI-
CIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS' OBLIGATIONS
AND  OBLIGATIONS  PERTAINING TO RETIREMENT INCENTIVES OR ANY OTHER OBLI-
GATIONS THAT THE STATE IS  PERMITTED  TO  PAY  ON  AN  AMORTIZED  BASIS)
REQUIRED  TO  BE PAID PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE
FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST,  TWO  THOUSAND  THIRTEEN.
THE  AMOUNT  BY WHICH THE CONTRIBUTION AMOUNT WITH RESPECT TO THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN EXCEEDS ELEVEN AND
ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST,  TWO  THOUSAND  THIRTEEN  SHALL  BE  THE
"AMOUNT  ELIGIBLE  FOR  AMORTIZATION."  THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" MAY BE AMORTIZED OVER A TEN-YEAR  PERIOD  AT  A  FIXED  RATE  OF
INTEREST  PER ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE APPLIED TO
THE UNPAID BALANCE OF THE  AMOUNTS  ELIGIBLE  FOR  AMORTIZATION  OF  ALL
EMPLOYERS,  WHICH  APPROXIMATES A MARKET RATE OF RETURN ON TAXABLE FIXED
RATE SECURITIES WITH SIMILAR TERMS ISSUED BY  COMPARABLE  ISSUERS,  WITH
THE  FIRST  OF  TEN EQUAL PAYMENTS PAYABLE DURING THE FISCAL YEAR ENDING
MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN.
  B. THE STATE MAY, IN LIEU OF PAYING ITS BILL FOR  FISCAL  YEAR  ENDING
MARCH  THIRTY-FIRST,  TWO  THOUSAND THIRTEEN, PAY A LESSER AMOUNT DURING
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND  THIRTEEN  WHICH

S. 6606--A                         179                        A. 9706--A

SHALL  BE  DETERMINED  BY  THE COMPTROLLER BY ADDING THE FOLLOWING THREE
AMOUNTS TOGETHER:
  (1)  THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST,
TWO THOUSAND THIRTEEN, CALCULATED PURSUANT TO SECTION TWENTY-THREE-A  OF
THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGI-
BLE  FOR  AMORTIZATION"  DETERMINED  PURSUANT  TO  SUBDIVISION A OF THIS
SECTION;
  (2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO  SUBDIVISION A OF SECTION SIXTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO  SUBDIVISION A OF SECTION SIXTEEN-E OF
THIS TITLE, IF APPLICABLE.
  C. IF THE STATE MAKES THE PAYMENT PROVIDED FOR  IN  SUBDIVISION  B  OF
THIS  SECTION,  THE  STATE SHALL PAY DURING THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND FOURTEEN AN AMOUNT DETERMINED  BY  THE  COMP-
TROLLER BY ADDING THE FOLLOWING FOUR AMOUNTS TOGETHER:
  (1)  THE  STATE'S  ENTIRE  BILL  FOR  THE  FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST, TWO THOUSAND  FOURTEEN,  CALCULATED  PURSUANT  TO  SECTION
TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION), LESS
THE  "AMOUNT  ELIGIBLE  FOR AMORTIZATION" DETERMINED PURSUANT TO SECTION
SIXTEEN-H OF THIS BILL, IF APPLICABLE,
  (2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION, AND
  (3)  THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A  OF  SECTION  SIXTEEN-F  OF
THIS TITLE, IF APPLICABLE, AND
  (4)  THE  THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A  OF  SECTION  SIXTEEN-E  OF
THIS TITLE, IF APPLICABLE.
  D.  THE  REMAINING  AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS
SIXTEEN-C, SIXTEEN-D, SIXTEEN-E, AND SIXTEEN-F OF THIS TITLE AND  PURSU-
ANT TO THIS SECTION SHALL BE DUE AND PAYABLE EACH SUBSEQUENT FISCAL YEAR
DURING  THE  APPLICABLE  AMORTIZATION PERIOD. THE COMPTROLLER SHALL HAVE
THE AUTHORITY TO PERMIT THE PRE-PAYMENT OF THE REMAINING BALANCE OF  THE
"AMOUNT  ELIGIBLE  FOR  AMORTIZATION,"  DETERMINED PURSUANT TO BOTH SUCH
SECTIONS SUBJECT TO THE FOLLOWING:
  (1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND  TWELVE,  IN  ADDITION  TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO  SECTION  SIXTEEN-C, SIXTEEN-D, SIXTEEN-E AND SIXTEEN-F OF THIS TITLE
AND PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL ADVISE THE STATE  OF
THE  TOTAL AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF
SAID AMOUNT FOR FISCAL YEAR  ENDING  MARCH  THIRTY-FIRST,  TWO  THOUSAND
THIRTEEN.
  (2)  ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIODS, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING  AND
FOR  THE  PAYMENT  OF THE ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL  AMOUNT  STILL  OUTSTANDING  AND  BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
  S 4. The retirement and social security law is amended by adding a new
section 16-h to read as follows:
  S 16-H. AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILL FOR
FISCAL  YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN. A. IF THE
COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTIZATION OF

S. 6606--A                         180                        A. 9706--A

EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE  BASIS  OF
THE  ANNUAL  ACTUARIAL  VALUATION  MADE  AS OF APRIL FIRST, TWO THOUSAND
TWELVE AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL  DETERMINE
THE  AMOUNT  (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE INSURANCE, DEFI-
CIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS' OBLIGATIONS
AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES OR ANY  OTHER  OBLI-
GATIONS  THAT  THE  STATE  IS  PERMITTED  TO  PAY ON AN AMORTIZED BASIS)
REQUIRED TO BE PAID PURSUANT TO SECTION TWENTY-THREE-A OF  THIS  ARTICLE
FOR  THE  FISCAL  YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN.
THE AMOUNT BY WHICH THE CONTRIBUTION AMOUNT WITH RESPECT TO  THE  FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN EXCEEDS TWELVE AND
ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR  ENDING  MARCH  THIRTY-FIRST,  TWO  THOUSAND  FOURTEEN SHALL BE THE
"AMOUNT ELIGIBLE FOR AMORTIZATION." THE  "AMOUNT  ELIGIBLE  FOR  AMORTI-
ZATION"  MAY  BE  AMORTIZED  OVER  A  TEN-YEAR PERIOD AT A FIXED RATE OF
INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE APPLIED  TO
THE  UNPAID  BALANCE  OF  THE  AMOUNTS  ELIGIBLE FOR AMORTIZATION OF ALL
EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON  TAXABLE  FIXED
RATE  SECURITIES  WITH  SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS, WITH
THE FIRST OF TEN EQUAL PAYMENTS PAYABLE DURING THE  FISCAL  YEAR  ENDING
MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN.
  B.  THE  STATE  MAY, IN LIEU OF PAYING ITS BILL FOR FISCAL YEAR ENDING
MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, PAY A  LESSER  AMOUNT  DURING
THE  FISCAL  YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN WHICH
SHALL BE DETERMINED BY THE COMPTROLLER  BY  ADDING  THE  FOLLOWING  FOUR
AMOUNTS TOGETHER:
  (1)  THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST,
TWO THOUSAND FOURTEEN, CALCULATED PURSUANT TO SECTION TWENTY-THREE-A  OF
THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGI-
BLE  FOR  AMORTIZATION"  DETERMINED  PURSUANT  TO  SUBDIVISION A OF THIS
SECTION; AND
  (2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO  SUBDIVISION A OF SECTION SIXTEEN-G OF
THIS TITLE, IF APPLICABLE; AND
  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO  SUBDIVISION A OF SECTION SIXTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
  (4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO  SUBDIVISION A OF SECTION SIXTEEN-E OF
THIS TITLE, IF APPLICABLE.
  C. IF THE STATE MAKES THE PAYMENT PROVIDED FOR  IN  SUBDIVISION  B  OF
THIS  SECTION,  THE  STATE SHALL PAY DURING THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND FIFTEEN AN AMOUNT  DETERMINED  BY  THE  COMP-
TROLLER BY ADDING THE FOLLOWING FIVE AMOUNTS TOGETHER:
  (1)  THE  STATE'S  ENTIRE  BILL  FOR  THE  FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST, TWO THOUSAND FIFTEEN, CALCULATED PURSUANT TO SECTION TWEN-
TY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS  THE
"AMOUNT  ELIGIBLE  FOR  AMORTIZATION"  DETERMINED  PURSUANT  TO  SECTION
SIXTEEN-I OF THIS TITLE, IF APPLICABLE,
  (2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (3)  THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A  OF  SECTION  SIXTEEN-G  OF
THIS TITLE, IF APPLICABLE; AND

S. 6606--A                         181                        A. 9706--A

  (4)  THE  THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A  OF  SECTION  SIXTEEN-F  OF
THIS TITLE, IF APPLICABLE; AND
  (5)  THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A  OF  SECTION  SIXTEEN-E  OF
THIS TITLE, IF APPLICABLE.
  D.  THE  REMAINING  AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS
SIXTEEN-C, SIXTEEN-D, SIXTEEN-E, SIXTEEN-F, AND SIXTEEN-G OF THIS  TITLE
AND  PURSUANT  TO  THIS SECTION SHALL BE DUE AND PAYABLE EACH SUBSEQUENT
FISCAL YEAR DURING THE APPLICABLE AMORTIZATION PERIOD.  THE  COMPTROLLER
SHALL  HAVE  THE  AUTHORITY  TO  PERMIT THE PRE-PAYMENT OF THE REMAINING
BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTIZATION,"  DETERMINED  PURSUANT
TO BOTH SUCH SECTIONS SUBJECT TO THE FOLLOWING:
  (1)  ON  OR BEFORE AUGUST FIRST, TWO THOUSAND THIRTEEN, IN ADDITION TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO SECTIONS SIXTEEN-C, SIXTEEN-D, SIXTEEN-E, SIXTEEN-F, AND SIXTEEN-G OF
THIS TITLE AND PURSUANT TO THIS SECTION, THE  COMPTROLLER  SHALL  ADVISE
THE  STATE  OF THE TOTAL AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAY-
MENT IN FULL OF SAID AMOUNT FOR FISCAL YEAR ENDING  MARCH  THIRTY-FIRST,
TWO THOUSAND FOURTEEN.
  (2)  ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIODS, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING  AND
FOR  THE  PAYMENT  OF THE ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL  AMOUNT  STILL  OUTSTANDING  AND  BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
  S 5. The retirement and social security law is amended by adding a new
section 16-i to read as follows:
  S 16-I. AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILL FOR
FISCAL  YEAR  ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN. A. IF THE
COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTIZATION OF
EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE  BASIS  OF
THE  ANNUAL  ACTUARIAL  VALUATION  MADE  AS OF APRIL FIRST, TWO THOUSAND
THIRTEEN AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER  SHALL  DETER-
MINE  THE  AMOUNT  (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE INSURANCE,
DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL  YEARS'  OBLI-
GATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES OR ANY OTHER
OBLIGATIONS  THAT  THE  STATE IS PERMITTED TO PAY ON AN AMORTIZED BASIS)
REQUIRED TO BE PAID PURSUANT TO SECTION TWENTY-THREE-A OF  THIS  ARTICLE
FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN. THE
AMOUNT  BY WHICH THE CONTRIBUTION AMOUNT WITH RESPECT TO THE FISCAL YEAR
ENDING MARCH THIRTY-FIRST, TWO THOUSAND  FIFTEEN  EXCEEDS  THIRTEEN  AND
ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR  ENDING  MARCH  THIRTY-FIRST,  TWO  THOUSAND  FIFTEEN  SHALL BE THE
"AMOUNT ELIGIBLE FOR AMORTIZATION." THE  "AMOUNT  ELIGIBLE  FOR  AMORTI-
ZATION"  MAY  BE  AMORTIZED  OVER  A  TEN-YEAR PERIOD AT A FIXED RATE OF
INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE APPLIED  TO
THE  UNPAID  BALANCE  OF  THE  AMOUNTS  ELIGIBLE FOR AMORTIZATION OF ALL
EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON  TAXABLE  FIXED
RATE  SECURITIES  WITH  SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS, WITH
THE FIRST OF TEN EQUAL PAYMENTS PAYABLE DURING THE  FISCAL  YEAR  ENDING
MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN.
  B.  THE  STATE  MAY, IN LIEU OF PAYING ITS BILL FOR FISCAL YEAR ENDING
MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN, PAY A LESSER AMOUNT DURING THE
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN WHICH  SHALL

S. 6606--A                         182                        A. 9706--A

BE  DETERMINED  BY  THE COMPTROLLER BY ADDING THE FOLLOWING FIVE AMOUNTS
TOGETHER:
  (1)  THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST,
TWO THOUSAND FIFTEEN, CALCULATED PURSUANT TO SECTION  TWENTY-THREE-A  OF
THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGI-
BLE  FOR  AMORTIZATION"  DETERMINED  PURSUANT  TO  SUBDIVISION A OF THIS
SECTION; AND
  (2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO  SUBDIVISION A OF SECTION SIXTEEN-H OF
THIS TITLE, IF APPLICABLE; AND
  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO  SUBDIVISION A OF SECTION SIXTEEN-G OF
THIS TITLE, IF APPLICABLE; AND
  (4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO  SUBDIVISION A OF SECTION SIXTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
  (5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO  SUBDIVISION A OF SECTION SIXTEEN-E OF
THIS TITLE, IF APPLICABLE.
  C. IF THE STATE MAKES THE PAYMENT PROVIDED FOR  IN  SUBDIVISION  B  OF
THIS  SECTION,  THE  STATE SHALL PAY DURING THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND SIXTEEN AN AMOUNT  DETERMINED  BY  THE  COMP-
TROLLER BY ADDING THE FOLLOWING SIX AMOUNTS TOGETHER:
  (1)  THE  STATE'S ENTIRE BILL FOR THE FISCAL YEAR ENDING MARCH THIRTY-
FIRST,  TWO   THOUSAND   SIXTEEN,   CALCULATED   PURSUANT   TO   SECTION
TWENTY-THREE-A  OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS
THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED  PURSUANT  TO  SECTION
SIXTEEN-J OF THIS TITLE, IF APPLICABLE,
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO  SUBDIVISION A OF SECTION SIXTEEN-H OF
THIS TITLE, IF APPLICABLE; AND
  (4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO  SUBDIVISION A OF SECTION SIXTEEN-G OF
THIS TITLE, IF APPLICABLE; AND
  (5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO  SUBDIVISION A OF SECTION SIXTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
  (6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO  SUBDIVISION A OF SECTION SIXTEEN-E OF
THIS TITLE, IF APPLICABLE.
  D.  THE REMAINING AMORTIZED PAYMENTS DETERMINED PURSUANT  TO  SECTIONS
SIXTEEN-C,  SIXTEEN-D, SIXTEEN-E, SIXTEEN-F, SIXTEEN-G, AND SIXTEEN-H OF
THIS TITLE AND PURSUANT TO THIS SECTION SHALL BE DUE  AND  PAYABLE  EACH
SUBSEQUENT  FISCAL  YEAR  DURING THE APPLICABLE AMORTIZATION PERIOD. THE
COMPTROLLER SHALL HAVE THE AUTHORITY TO PERMIT THE  PRE-PAYMENT  OF  THE
REMAINING  BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTIZATION," DETERMINED
PURSUANT TO BOTH SUCH SECTIONS SUBJECT TO THE FOLLOWING:
  (1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND FOURTEEN, IN  ADDITION  TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO  SECTIONS  SIXTEEN-C,  SIXTEEN-D, SIXTEEN-E, SIXTEEN-F, SIXTEEN-G AND
SIXTEEN-H OF THIS TITLE AND PURSUANT TO THIS  SECTION,  THE  COMPTROLLER
SHALL  ADVISE  THE  STATE  OF  THE TOTAL AMOUNT DUE AND BE AUTHORIZED TO

S. 6606--A                         183                        A. 9706--A

ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT FOR FISCAL YEAR  ENDING  MARCH
THIRTY-FIRST, TWO THOUSAND FIFTEEN.
  (2)  ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIODS, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING  AND
FOR  THE  PAYMENT  OF THE ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL  AMOUNT  STILL  OUTSTANDING  AND  BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
  S 6. The retirement and social security law is amended by adding a new
section 16-j to read as follows:
  S 16-J. AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILL FOR
FISCAL  YEAR  ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN. A. IF THE
COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMORTIZATION OF
EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE  BASIS  OF
THE  ANNUAL  ACTUARIAL  VALUATION  MADE  AS OF APRIL FIRST, TWO THOUSAND
FOURTEEN AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER  SHALL  DETER-
MINE  THE  AMOUNT  (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE INSURANCE,
DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL  YEARS'  OBLI-
GATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES OR ANY OTHER
OBLIGATIONS  THAT  THE  STATE IS PERMITTED TO PAY ON AN AMORTIZED BASIS)
REQUIRED TO BE PAID PURSUANT TO SECTION TWENTY-THREE-A OF  THIS  ARTICLE
FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN. THE
AMOUNT  BY WHICH THE CONTRIBUTION AMOUNT WITH RESPECT TO THE FISCAL YEAR
ENDING MARCH THIRTY-FIRST, TWO THOUSAND  SIXTEEN  EXCEEDS  FOURTEEN  AND
ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR  ENDING  MARCH  THIRTY-FIRST,  TWO  THOUSAND  SIXTEEN  SHALL BE THE
"AMOUNT ELIGIBLE FOR AMORTIZATION." THE  "AMOUNT  ELIGIBLE  FOR  AMORTI-
ZATION"  MAY  BE  AMORTIZED  OVER  A  TEN-YEAR PERIOD AT A FIXED RATE OF
INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE APPLIED  TO
THE  UNPAID  BALANCE  OF  THE  AMOUNTS  ELIGIBLE FOR AMORTIZATION OF ALL
EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON  TAXABLE  FIXED
RATE  SECURITIES  WITH  SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS, WITH
THE FIRST OF TEN EQUAL PAYMENTS PAYABLE DURING THE  FISCAL  YEAR  ENDING
MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
  B.  THE  STATE  MAY, IN LIEU OF PAYING ITS BILL FOR FISCAL YEAR ENDING
MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN, PAY A LESSER AMOUNT DURING THE
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN WHICH  SHALL
BE  DETERMINED  BY  THE  COMPTROLLER BY ADDING THE FOLLOWING SIX AMOUNTS
TOGETHER:
  (1) THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH  THIRTY-FIRST,
TWO  THOUSAND  SIXTEEN, CALCULATED PURSUANT TO SECTION TWENTY-THREE-A OF
THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS THE "AMOUNT ELIGI-
BLE FOR AMORTIZATION" DETERMINED  PURSUANT  TO  SUBDIVISION  A  OF  THIS
SECTION; AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A  OF  SECTION  SIXTEEN-I  OF
THIS TITLE, IF APPLICABLE; AND
  (3)  THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A  OF  SECTION  SIXTEEN-H  OF
THIS TITLE, IF APPLICABLE; AND
  (4)  THE  THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A  OF  SECTION  SIXTEEN-G  OF
THIS TITLE, IF APPLICABLE; AND
  (5)  THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A  OF  SECTION  SIXTEEN-F  OF
THIS TITLE, IF APPLICABLE; AND

S. 6606--A                         184                        A. 9706--A

  (6)  THE  FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A  OF  SECTION  SIXTEEN-E  OF
THIS TITLE, IF APPLICABLE.
  C.  IF  THE  STATE  MAKES THE PAYMENT PROVIDED FOR IN SUBDIVISION B OF
THIS SECTION, THE STATE SHALL PAY DURING THE FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST,  TWO  THOUSAND SEVENTEEN AN AMOUNT DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING SEVEN AMOUNTS TOGETHER:
  (1)  THE  STATE'S  ENTIRE  BILL  FOR  THE  FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST,  TWO  THOUSAND  SEVENTEEN,  CALCULATED PURSUANT TO SECTION
TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION);
  (2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (3)  THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A  OF  SECTION  SIXTEEN-I  OF
THIS TITLE, IF APPLICABLE; AND
  (4)  THE  THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A  OF  SECTION  SIXTEEN-H  OF
THIS TITLE, IF APPLICABLE; AND
  (5)  THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A  OF  SECTION  SIXTEEN-G  OF
THIS TITLE, IF APPLICABLE; AND
  (6)  THE  FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A  OF  SECTION  SIXTEEN-F  OF
THIS TITLE, IF APPLICABLE; AND
  (7)  THE  SIXTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A  OF  SECTION  SIXTEEN-E  OF
THIS TITLE, IF APPLICABLE.
  D.  THE  REMAINING  AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS
SIXTEEN-C, SIXTEEN-D, SIXTEEN-E,  SIXTEEN-F,  SIXTEEN-G,  SIXTEEN-H  AND
SIXTEEN-I  OF  THIS  TITLE AND PURSUANT TO THIS SECTION SHALL BE DUE AND
PAYABLE EACH SUBSEQUENT FISCAL YEAR DURING THE  APPLICABLE  AMORTIZATION
PERIOD.  THE COMPTROLLER SHALL HAVE THE AUTHORITY TO PERMIT THE PRE-PAY-
MENT OF THE REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTIZATION,"
DETERMINED PURSUANT TO BOTH SUCH SECTIONS SUBJECT TO THE FOLLOWING:
  (1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND FIFTEEN,  IN  ADDITION  TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO  SECTIONS  SIXTEEN-C,  SIXTEEN-D,  SIXTEEN-E,  SIXTEEN-F,  SIXTEEN-G,
SIXTEEN-H AND SIXTEEN-I OF THIS TITLE AND PURSUANT TO THIS SECTION,  THE
COMPTROLLER  SHALL  ADVISE  THE  STATE  OF  THE  TOTAL AMOUNT DUE AND BE
AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT FOR FISCAL  YEAR
ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN.
  (2)  ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIODS, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING  AND
FOR  THE  PAYMENT  OF THE ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL  AMOUNT  STILL  OUTSTANDING  AND  BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
  S  7.  Paragraph  2 of subdivision b of section 23-a of the retirement
and social security law, as added by section 1 of part A of  chapter  49
of the laws of 2003, is amended to read as follows:
  2.  requiring  a  minimum annual contribution from the state and every
participating employer (exclusive of payments for group term life insur-
ance, deficiency payments, adjustments relating to prior  fiscal  years'
obligations  and  obligations pertaining to retirement incentives or any
other obligations that the state or participating employer is  permitted

S. 6606--A                         185                        A. 9706--A

to  pay on an amortized basis) equal to [four] FIVE and one-half percent
of pensionable salaries. Effective immediately  upon  implementation  by
the comptroller of the comprehensive structural reform program set forth
in  this  section,  and in all subsequent years, participating employers
shall pay either the required annual contribution determined  under  the
revised  schedule  pertaining  to  the valuation, billing and payment of
contributions pursuant to paragraph one  of  this  subdivision,  or  the
required minimum annual contribution of [four] FIVE and one-half percent
of pensionable salaries, whichever is greater; and
  S 8. The retirement and social security law is amended by adding a new
section 316-e to read as follows:
  S  316-E.  AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILLS
FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN. A.    IF
THE  COMPTROLLER,  IN  HIS  OR HER DISCRETION, DECIDES TO PERMIT AMORTI-
ZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON  THE
BASIS  OF  THE  ANNUAL  ACTUARIAL  VALUATION MADE AS OF APRIL FIRST, TWO
THOUSAND NINE AS PROVIDED FOR IN THIS  CHAPTER,  THE  COMPTROLLER  SHALL
DETERMINE  THE  ANNUAL AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE
INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS  RELATING  TO  PRIOR  FISCAL
YEARS'  OBLIGATIONS  AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES
OR ANY OTHER OBLIGATIONS THAT THE STATE IS PERMITTED TO PAY ON AN  AMOR-
TIZED BASIS) REQUIRED TO BE PAID PURSUANT TO SECTION THREE HUNDRED TWEN-
TY-THREE-A   OF   THIS   ARTICLE   FOR  THE  FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST, TWO THOUSAND ELEVEN. THE AMOUNT BY WHICH THE  CONTRIBUTION
AMOUNT  WITH RESPECT TO FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOU-
SAND ELEVEN EXCEEDS SEVENTEEN AND  ONE-HALF  PERCENT  OF  THE  ESTIMATED
PENSIONABLE  SALARY  BASE FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO
THOUSAND ELEVEN SHALL BE THE "AMOUNT  ELIGIBLE  FOR  AMORTIZATION."  THE
"AMOUNT  ELIGIBLE  FOR  AMORTIZATION" SHALL BE AMORTIZED OVER A TEN-YEAR
PERIOD AT A FIXED RATE OF INTEREST PER ANNUM TO  BE  DETERMINED  BY  THE
COMPTROLLER  TO BE APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE
FOR AMORTIZATION OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET  RATE  OF
RETURN  ON  TAXABLE  FIXED  RATE SECURITIES WITH SIMILAR TERMS ISSUED BY
COMPARABLE ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE  DURING
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND TWELVE.
  B.  THE  STATE  MAY,  IN  LIEU  OF PAYING ITS BILL FOR THE FISCAL YEAR
ENDING MARCH THIRTY-FIRST, TWO THOUSAND  ELEVEN,  PAY  A  LESSER  AMOUNT
DURING  THE  FISCAL  YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN
WHICH SHALL BE DETERMINED BY  THE  COMPTROLLER  EQUALING  THE  FOLLOWING
AMOUNT,
  THE  ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST, TWO
THOUSAND  ELEVEN,  CALCULATED  PURSUANT   TO   SECTION   THREE   HUNDRED
TWENTY-THREE-A  OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS
THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT  TO  SUBDIVI-
SION A OF THIS SECTION.
  C.  IF  THE  STATE  MAKES THE PAYMENT PROVIDED FOR IN SUBDIVISION B OF
THIS SECTION, THE STATE SHALL PAY DURING THE FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST,  TWO  THOUSAND  TWELVE  AN  AMOUNT DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING TWO AMOUNTS TOGETHER:
  (1)  THE  STATE'S  ENTIRE  BILL  FOR  THE  FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST,  TWO THOUSAND TWELVE, CALCULATED PURSUANT TO SECTION THREE
HUNDRED TWENTY-THREE-A  OF  THIS  ARTICLE  (WITHOUT  REFERENCE  TO  THIS
SECTION),  LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSU-
ANT TO SECTION THREE HUNDRED SIXTEEN-F OF THIS TITLE, IF APPLICABLE;
  (2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION.

S. 6606--A                         186                        A. 9706--A

  D.  THE  REMAINING  AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS
THREE HUNDRED SIXTEEN-C AND THREE HUNDRED SIXTEEN-D OF  THIS  TITLE  AND
PURSUANT TO THIS SECTION SHALL BE DUE AND PAYABLE EACH SUBSEQUENT FISCAL
YEAR  DURING  THE  APPLICABLE AMORTIZATION PERIOD. THE COMPTROLLER SHALL
HAVE THE AUTHORITY TO PERMIT THE PRE-PAYMENT OF THE REMAINING BALANCE OF
THE  "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO BOTH SUCH
SECTIONS SUBJECT TO THE FOLLOWING:
  (1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND TEN IN ADDITION TO  ADVIS-
ING  WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR
THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT  TO
SECTIONS  THREE  HUNDRED  SIXTEEN-C  AND THREE HUNDRED SIXTEEN-D OF THIS
TITLE AND PURSUANT TO THIS SECTION, THE  COMPTROLLER  SHALL  ADVISE  THE
STATE OF THE TOTAL AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT IN
FULL  OF  SAID AMOUNT FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO
THOUSAND ELEVEN.
  (2) ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE  AMORTIZATION
PERIOD,  IN  ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE ANNUAL  AMORTIZED  INSTALLMENT,  THE  COMPTROLLER
SHALL  ADVISE  THE  STATE  OF  THE TOTAL AMOUNT STILL OUTSTANDING AND BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
  S 9. The retirement and social security law is amended by adding a new
section 316-f to read as follows:
  S 316-F. AMORTIZATION OF A PORTION OF THE STATE'S  CONTRIBUTION  BILLS
FOR  FISCAL  YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND TWELVE. A.  IF
THE COMPTROLLER, IN HIS OR HER DISCRETION,  DECIDES  TO  PERMIT  AMORTI-
ZATION  OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE
BASIS OF THE ANNUAL ACTUARIAL VALUATION MADE  AS  OF  APRIL  FIRST,  TWO
THOUSAND  TEN  AS  PROVIDED  FOR  IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE THE ANNUAL AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP  TERM  LIFE
INSURANCE,  DEFICIENCY  PAYMENTS,  ADJUSTMENTS  RELATING TO PRIOR FISCAL
YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO  RETIREMENT  INCENTIVES
OR  ANY OTHER OBLIGATIONS THAT THE STATE IS PERMITTED TO PAY ON AN AMOR-
TIZED BASIS) REQUIRED TO BE PAID PURSUANT TO SECTION THREE HUNDRED TWEN-
TY-THREE-A  OF  THIS  ARTICLE  FOR  THE   FISCAL   YEAR   ENDING   MARCH
THIRTY-FIRST,  TWO THOUSAND TWELVE. THE AMOUNT BY WHICH THE CONTRIBUTION
AMOUNT WITH RESPECT TO FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO  THOU-
SAND  TWELVE  EXCEEDS  EIGHTEEN  AND  ONE-HALF  PERCENT OF THE ESTIMATED
PENSIONABLE SALARY BASE FOR FISCAL YEAR ENDING MARCH  THIRTY-FIRST,  TWO
THOUSAND  TWELVE  SHALL  BE THE "AMOUNT ELIGIBLE FOR AMORTIZATION."  THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" SHALL BE AMORTIZED  OVER  A  TEN-YEAR
PERIOD  AT  A  FIXED  RATE OF INTEREST PER ANNUM TO BE DETERMINED BY THE
COMPTROLLER TO BE APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS  ELIGIBLE
FOR  AMORTIZATION  OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF
RETURN ON TAXABLE FIXED RATE SECURITIES WITH  SIMILAR  TERMS  ISSUED  BY
COMPARABLE  ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE DURING
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN.
  B. THE STATE MAY, IN LIEU OF PAYING  ITS  BILL  FOR  THE  FISCAL  YEAR
ENDING  MARCH  THIRTY-FIRST,  TWO  THOUSAND  TWELVE, PAY A LESSER AMOUNT
DURING THE FISCAL YEAR ENDING MARCH THIRTY-FIRST,  TWO  THOUSAND  TWELVE
WHICH SHALL BE DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING TWO
AMOUNTS TOGETHER:
  (1)  THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST,
TWO THOUSAND TWELVE, CALCULATED PURSUANT TO SECTION THREE HUNDRED  TWEN-
TY-THREE-A  OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS THE

S. 6606--A                         187                        A. 9706--A

"AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO SUBDIVISION  A
OF THIS SECTION; AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-E  OF  THIS
TITLE, IF APPLICABLE.
  C.  IF  THE  STATE  MAKES THE PAYMENT PROVIDED FOR IN SUBDIVISION B OF
THIS SECTION, THE STATE SHALL PAY DURING THE FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST,  TWO  THOUSAND  THIRTEEN AN AMOUNT DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING THREE AMOUNTS TOGETHER:
  (1)  THE  STATE'S  ENTIRE  BILL  FOR  THE  FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST,  TWO  THOUSAND  THIRTEEN,  CALCULATED  PURSUANT TO SECTION
THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO  THIS
SECTION),  LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSU-
ANT TO SECTION THREE HUNDRED SIXTEEN-G OF THIS ARTICLE, IF APPLICABLE;
  (2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION, AND
  (3)  THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SIXTEEN-E OF THIS ARTICLE, IF APPLICABLE.
  D.  THE  REMAINING  AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS
THREE HUNDRED SIXTEEN-C, THREE  HUNDRED  SIXTEEN-D,  AND  THREE  HUNDRED
SIXTEEN-E  OF  THIS  TITLE AND PURSUANT TO THIS SECTION SHALL BE DUE AND
PAYABLE EACH SUBSEQUENT FISCAL YEAR DURING THE  APPLICABLE  AMORTIZATION
PERIOD.  THE COMPTROLLER SHALL HAVE THE AUTHORITY TO PERMIT THE PRE-PAY-
MENT OF THE REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR  AMORTIZATION"
DETERMINED PURSUANT TO BOTH SUCH SECTIONS SUBJECT TO THE FOLLOWING:
  (1)  ON  OR  BEFORE  AUGUST  FIRST, TWO THOUSAND ELEVEN IN ADDITION TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO SECTIONS THREE HUNDRED SIXTEEN-C, THREE HUNDRED SIXTEEN-D, AND  THREE
HUNDRED  SIXTEEN-E OF THIS TITLE AND PURSUANT TO THIS SECTION, THE COMP-
TROLLER SHALL ADVISE THE STATE OF THE TOTAL AMOUNT DUE AND BE AUTHORIZED
TO ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT FOR THE FISCAL YEAR  ENDING
MARCH THIRTY-FIRST, TWO THOUSAND TWELVE.
  (2)  ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIOD, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR  BILLING  AND
FOR  THE  PAYMENT  OF  THE ANNUAL AMORTIZED INSTALLMENT, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL  AMOUNT  STILL  OUTSTANDING  AND  BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
  S  10.  The  retirement and social security law is amended by adding a
new section 316-g to read as follows:
  S 316-G. AMORTIZATION OF A PORTION OF THE STATE'S  CONTRIBUTION  BILLS
FOR  FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN. A. IF
THE COMPTROLLER, IN HIS OR HER DISCRETION,  DECIDES  TO  PERMIT  AMORTI-
ZATION  OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE
BASIS OF THE ANNUAL ACTUARIAL VALUATION MADE  AS  OF  APRIL  FIRST,  TWO
THOUSAND  ELEVEN  AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE THE ANNUAL AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP  TERM  LIFE
INSURANCE,  DEFICIENCY  PAYMENTS,  ADJUSTMENTS  RELATING TO PRIOR FISCAL
YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO  RETIREMENT  INCENTIVES
OR  ANY OTHER OBLIGATIONS THAT THE STATE IS PERMITTED TO PAY ON AN AMOR-
TIZED BASIS) REQUIRED TO BE PAID PURSUANT TO SECTION THREE HUNDRED TWEN-
TY-THREE-A  OF  THIS  ARTICLE  FOR  THE   FISCAL   YEAR   ENDING   MARCH
THIRTY-FIRST,  TWO  THOUSAND  THIRTEEN. THE AMOUNT BY WHICH THE CONTRIB-
UTION AMOUNT WITH RESPECT TO FISCAL YEAR ENDING MARCH THIRTY-FIRST,  TWO

S. 6606--A                         188                        A. 9706--A

THOUSAND THIRTEEN EXCEEDS NINETEEN AND ONE-HALF PERCENT OF THE ESTIMATED
PENSIONABLE  SALARY  BASE FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO
THOUSAND THIRTEEN SHALL BE THE "AMOUNT ELIGIBLE FOR  AMORTIZATION."  THE
"AMOUNT  ELIGIBLE  FOR  AMORTIZATION" SHALL BE AMORTIZED OVER A TEN-YEAR
PERIOD AT A FIXED RATE OF INTEREST PER ANNUM TO  BE  DETERMINED  BY  THE
COMPTROLLER  TO BE APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE
FOR AMORTIZATION OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET  RATE  OF
RETURN  ON  TAXABLE  FIXED  RATE SECURITIES WITH SIMILAR TERMS ISSUED BY
COMPARABLE ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE  DURING
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN.
  B.  THE  STATE  MAY,  IN  LIEU  OF PAYING ITS BILL FOR THE FISCAL YEAR
ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN, PAY  A  LESSER  AMOUNT
DURING  THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN
WHICH SHALL BE DETERMINED BY THE COMPTROLLER  BY  ADDING  THE  FOLLOWING
THREE AMOUNTS TOGETHER:
  (1)  THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST,
TWO THOUSAND THIRTEEN, CALCULATED  PURSUANT  TO  SECTION  THREE  HUNDRED
TWENTY-THREE-A  OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS
THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT  TO  SUBDIVI-
SION A OF THIS SECTION;
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-F  OF  THIS
TITLE, IF APPLICABLE; AND
  (3)  THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-E  OF  THIS
TITLE, IF APPLICABLE.
  C.  IF  THE  STATE  MAKES THE PAYMENT PROVIDED FOR IN SUBDIVISION B OF
THIS SECTION, THE STATE SHALL PAY DURING THE FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST,  TWO  THOUSAND  FOURTEEN AN AMOUNT DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING FOUR AMOUNTS TOGETHER:
  (1)  THE  STATE'S  ENTIRE  BILL  FOR  THE  FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST,  TWO  THOUSAND  FOURTEEN,  CALCULATED  PURSUANT TO SECTION
THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO  THIS
SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT
TO SECTION THREE HUNDRED SIXTEEN-H OF THIS TITLE, IF APPLICABLE;
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION;
  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-F OF THIS ARTICLE, IF APPLICABLE; AND
  (4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-E OF THIS TITLE, IF APPLICABLE.
  D. THE REMAINING AMORTIZED PAYMENTS DETERMINED  PURSUANT  TO  SECTIONS
THREE   HUNDRED   SIXTEEN-C,  THREE  HUNDRED  SIXTEEN-D,  THREE  HUNDRED
SIXTEEN-E, AND THREE HUNDRED SIXTEEN-F OF THIS  TITLE  AND  PURSUANT  TO
THIS SECTION SHALL BE DUE AND PAYABLE EACH SUBSEQUENT FISCAL YEAR DURING
THE  APPLICABLE  AMORTIZATION  PERIOD.  THE  COMPTROLLER  SHALL HAVE THE
AUTHORITY TO PERMIT THE PRE-PAYMENT OF  THE  REMAINING  BALANCE  OF  THE
"AMOUNT  ELIGIBLE  FOR  AMORTIZATION"  DETERMINED  PURSUANT TO BOTH SUCH
SECTIONS SUBJECT TO THE FOLLOWING:
  (1) ON OR BEFORE AUGUST FIRST, TWO  THOUSAND  TWELVE  IN  ADDITION  TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO  SECTIONS  THREE  HUNDRED  SIXTEEN-C,  THREE HUNDRED SIXTEEN-D, THREE
HUNDRED SIXTEEN-E, AND THREE HUNDRED SIXTEEN-F OF THIS TITLE AND  PURSU-

S. 6606--A                         189                        A. 9706--A

ANT TO THIS SECTION, THE COMPTROLLER SHALL ADVISE THE STATE OF THE TOTAL
AMOUNT  DUE  AND  BE  AUTHORIZED  TO  ACCEPT PRE-PAYMENT IN FULL OF SAID
AMOUNT FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIR-
TEEN.
  (2)  ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIOD, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR  BILLING  AND
FOR  THE  PAYMENT  OF  THE ANNUAL AMORTIZED INSTALLMENT, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL  AMOUNT  STILL  OUTSTANDING  AND  BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
  S  11.  The  retirement and social security law is amended by adding a
new section 316-h to read as follows:
  S 316-H. AMORTIZATION OF A PORTION OF THE STATE'S  CONTRIBUTION  BILLS
FOR  FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN. A. IF
THE COMPTROLLER, IN HIS OR HER DISCRETION,  DECIDES  TO  PERMIT  AMORTI-
ZATION  OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE
BASIS OF THE ANNUAL ACTUARIAL VALUATION MADE  AS  OF  APRIL  FIRST,  TWO
THOUSAND  TWELVE  AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE THE ANNUAL AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP  TERM  LIFE
INSURANCE,  DEFICIENCY  PAYMENTS,  ADJUSTMENTS  RELATING TO PRIOR FISCAL
YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO  RETIREMENT  INCENTIVES
OR  ANY OTHER OBLIGATIONS THAT THE STATE IS PERMITTED TO PAY ON AN AMOR-
TIZED BASIS) REQUIRED TO BE PAID PURSUANT TO SECTION THREE HUNDRED TWEN-
TY-THREE-A  OF  THIS  ARTICLE  FOR  THE   FISCAL   YEAR   ENDING   MARCH
THIRTY-FIRST,  TWO  THOUSAND  FOURTEEN. THE AMOUNT BY WHICH THE CONTRIB-
UTION AMOUNT WITH RESPECT TO FISCAL YEAR ENDING MARCH THIRTY-FIRST,  TWO
THOUSAND  FOURTEEN  EXCEEDS TWENTY AND ONE-HALF PERCENT OF THE ESTIMATED
PENSIONABLE SALARY BASE FOR FISCAL YEAR ENDING MARCH  THIRTY-FIRST,  TWO
THOUSAND  FOURTEEN  SHALL BE THE "AMOUNT ELIGIBLE FOR AMORTIZATION." THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" SHALL BE AMORTIZED  OVER  A  TEN-YEAR
PERIOD  AT  A  FIXED  RATE OF INTEREST PER ANNUM TO BE DETERMINED BY THE
COMPTROLLER TO BE APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS  ELIGIBLE
FOR  AMORTIZATION  OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF
RETURN ON TAXABLE FIXED RATE SECURITIES WITH  SIMILAR  TERMS  ISSUED  BY
COMPARABLE  ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE DURING
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN.
  B. THE STATE MAY, IN LIEU OF PAYING  ITS  BILL  FOR  THE  FISCAL  YEAR
ENDING  MARCH  THIRTY-FIRST,  TWO THOUSAND FOURTEEN, PAY A LESSER AMOUNT
DURING THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND  FOURTEEN
WHICH  SHALL  BE  DETERMINED  BY THE COMPTROLLER BY ADDING THE FOLLOWING
FOUR AMOUNTS TOGETHER:
  (1) THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH  THIRTY-FIRST,
TWO  THOUSAND  FOURTEEN,  CALCULATED  PURSUANT  TO SECTION THREE HUNDRED
TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION)  LESS
THE  "AMOUNT  ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO SUBDIVI-
SION A OF THIS SECTION;
  (2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SECTION THREE HUNDRED SIXTEEN-G OF THIS
TITLE, IF APPLICABLE; AND
  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SECTION THREE HUNDRED SIXTEEN-F OF THIS
TITLE, IF APPLICABLE; AND
  (4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SECTION THREE HUNDRED SIXTEEN-E OF THIS
TITLE, IF APPLICABLE.

S. 6606--A                         190                        A. 9706--A

  C. IF THE STATE MAKES THE PAYMENT PROVIDED FOR  IN  SUBDIVISION  B  OF
THIS  SECTION,  THE  STATE SHALL PAY DURING THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND FIFTEEN AN AMOUNT  DETERMINED  BY  THE  COMP-
TROLLER BY ADDING THE FOLLOWING FIVE AMOUNTS TOGETHER:
  (1)  THE  STATE'S ENTIRE BILL FOR THE FISCAL YEAR ENDING MARCH THIRTY-
FIRST, TWO  THOUSAND  FIFTEEN,  CALCULATED  PURSUANT  TO  SECTION  THREE
HUNDRED  TWENTY-THREE-A  OF  THIS  ARTICLE  (WITHOUT  REFERENCE  TO THIS
SECTION), LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED  PURSU-
ANT TO SECTION THREE HUNDRED SIXTEEN-I OF THIS TITLE, IF APPLICABLE;
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-G OF THIS TITLE, IF APPLICABLE; AND
  (4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-F OF THIS TITLE, IF APPLICABLE; AND
  (5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-E OF THIS TITLE, IF APPLICABLE.
  D. THE REMAINING AMORTIZED PAYMENTS DETERMINED  PURSUANT  TO  SECTIONS
THREE   HUNDRED   SIXTEEN-C,  THREE  HUNDRED  SIXTEEN-D,  THREE  HUNDRED
SIXTEEN-E, THREE HUNDRED SIXTEEN-F, AND THREE HUNDRED SIXTEEN-G OF  THIS
TITLE  AND PURSUANT TO THIS SECTION SHALL BE DUE AND PAYABLE EACH SUBSE-
QUENT FISCAL YEAR DURING THE APPLICABLE AMORTIZATION PERIOD.  THE  COMP-
TROLLER  SHALL  HAVE  THE  AUTHORITY  TO  PERMIT  THE PRE-PAYMENT OF THE
REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR  AMORTIZATION"  DETERMINED
PURSUANT TO BOTH SUCH SECTION SUBJECT TO THE FOLLOWING:
  (1)  ON  OR  BEFORE AUGUST FIRST, TWO THOUSAND THIRTEEN IN ADDITION TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO SECTIONS THREE HUNDRED  SIXTEEN-C,  THREE  HUNDRED  SIXTEEN-D,  THREE
HUNDRED  SIXTEEN-E, THREE HUNDRED SIXTEEN-F, AND THREE HUNDRED SIXTEEN-G
OF THIS TITLE AND PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL ADVISE
THE STATE OF THE TOTAL AMOUNT DUE AND BE AUTHORIZED TO  ACCEPT  PRE-PAY-
MENT   IN  FULL  OF  SAID  AMOUNT  FOR  THE  FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST, TWO THOUSAND FOURTEEN.
  (2) ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE  AMORTIZATION
PERIOD,  IN  ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE ANNUAL  AMORTIZED  INSTALLMENT,  THE  COMPTROLLER
SHALL  ADVISE  THE  STATE  OF  THE TOTAL AMOUNT STILL OUTSTANDING AND BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
  S 12. The retirement and social security law is amended  by  adding  a
new section 316-i to read as follows:
  S  316-I.  AMORTIZATION OF A PORTION OF THE STATE'S CONTRIBUTION BILLS
FOR FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN.  A.  IF
THE  COMPTROLLER,  IN  HIS  OR HER DISCRETION, DECIDES TO PERMIT AMORTI-
ZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON  THE
BASIS  OF  THE  ANNUAL  ACTUARIAL  VALUATION MADE AS OF APRIL FIRST, TWO
THOUSAND THIRTEEN AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE THE ANNUAL AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP  TERM  LIFE
INSURANCE,  DEFICIENCY  PAYMENTS,  ADJUSTMENTS  RELATING TO PRIOR FISCAL
YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO  RETIREMENT  INCENTIVES
OR  ANY OTHER OBLIGATIONS THAT THE STATE IS PERMITTED TO PAY ON AN AMOR-
TIZED BASIS) REQUIRED TO BE PAID PURSUANT TO SECTION THREE HUNDRED TWEN-

S. 6606--A                         191                        A. 9706--A

TY-THREE-A  OF  THIS  ARTICLE  FOR  THE   FISCAL   YEAR   ENDING   MARCH
THIRTY-FIRST, TWO THOUSAND FIFTEEN. THE AMOUNT BY WHICH THE CONTRIBUTION
AMOUNT  WITH RESPECT TO FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOU-
SAND  FIFTEEN  EXCEEDS  TWENTY ONE AND ONE-HALF PERCENT OF THE ESTIMATED
PENSIONABLE SALARY BASE FOR FISCAL YEAR ENDING MARCH  THIRTY-FIRST,  TWO
THOUSAND  FIFTEEN  SHALL  BE THE "AMOUNT ELIGIBLE FOR AMORTIZATION." THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" SHALL BE AMORTIZED  OVER  A  TEN-YEAR
PERIOD  AT  A  FIXED  RATE OF INTEREST PER ANNUM TO BE DETERMINED BY THE
COMPTROLLER TO BE APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS  ELIGIBLE
FOR  AMORTIZATION  OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF
RETURN ON TAXABLE FIXED RATE SECURITIES WITH  SIMILAR  TERMS  ISSUED  BY
COMPARABLE  ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE DURING
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN.
  B. THE STATE MAY, IN LIEU OF PAYING  ITS  BILL  FOR  THE  FISCAL  YEAR
ENDING  MARCH  THIRTY-FIRST,  TWO  THOUSAND FIFTEEN, PAY A LESSER AMOUNT
DURING THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO  THOUSAND  FIFTEEN
WHICH  SHALL  BE  DETERMINED  BY THE COMPTROLLER BY ADDING THE FOLLOWING
FIVE AMOUNTS TOGETHER:
  (1) THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH  THIRTY-FIRST,
TWO THOUSAND FIFTEEN, CALCULATED PURSUANT TO SECTION THREE HUNDRED TWEN-
TY-THREE-A  OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO SUBDIVISION  A
OF THIS SECTION;
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-H  OF  THIS
TITLE, IF APPLICABLE; AND
  (3)  THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-G  OF  THIS
TITLE, IF APPLICABLE; AND
  (4)  THE  THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-F  OF  THIS
TITLE, IF APPLICABLE; AND
  (5)  THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SIXTEEN-E  OF  THIS
TITLE, IF APPLICABLE.
  C.  IF  THE  STATE  MAKES THE PAYMENT PROVIDED FOR IN SUBDIVISION B OF
THIS SECTION, THE STATE SHALL PAY DURING THE FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST,  TWO  THOUSAND  SIXTEEN  AN AMOUNT DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING SIX AMOUNTS TOGETHER:
  (1)  THE  STATE'S  ENTIRE  BILL  FOR  THE  FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST, TWO THOUSAND SIXTEEN, CALCULATED PURSUANT TO SECTION THREE
HUNDRED  TWENTY-THREE-A  OF  THIS  ARTICLE  (WITHOUT  REFERENCE  TO THIS
SECTION), LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED  PURSU-
ANT TO SECTION THREE HUNDRED SIXTEEN-J OF THIS TITLE, IF APPLICABLE; AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-H OF THIS TITLE, IF APPLICABLE; AND
  (4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-G OF THIS ARTICLE, IF APPLICABLE; AND
  (5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-F OF THIS TITLE, IF APPLICABLE; AND

S. 6606--A                         192                        A. 9706--A

  (6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SIXTEEN-E OF THIS TITLE, IF APPLICABLE.
  D.  THE  REMAINING  AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS
THREE  HUNDRED  SIXTEEN-C,  THREE  HUNDRED  SIXTEEN-D,   THREE   HUNDRED
SIXTEEN-E,  THREE  HUNDRED SIXTEEN-F, THREE HUNDRED SIXTEEN-G, AND THREE
HUNDRED SIXTEEN-H OF THIS TITLE AND PURSUANT TO THIS  SECTION  SHALL  BE
DUE  AND PAYABLE EACH SUBSEQUENT FISCAL YEAR DURING THE APPLICABLE AMOR-
TIZATION PERIOD. THE COMPTROLLER SHALL HAVE THE AUTHORITY TO PERMIT  THE
PRE-PAYMENT OF THE REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION"  DETERMINED PURSUANT TO BOTH SUCH SECTION SUBJECT TO THE FOLLOW-
ING:
  (1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND FOURTEEN  IN  ADDITION  TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO  SECTIONS  THREE  HUNDRED  SIXTEEN-C,  THREE HUNDRED SIXTEEN-D, THREE
HUNDRED SIXTEEN-E, THREE HUNDRED SIXTEEN-F, THREE HUNDRED SIXTEEN-G, AND
THREE HUNDRED SIXTEEN-H OF THIS TITLE AND PURSUANT TO THIS SECTION,  THE
COMPTROLLER  SHALL  ADVISE  THE  STATE  OF  THE  TOTAL AMOUNT DUE AND BE
AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT FOR  THE  FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN.
  (2)  ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIOD, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR  BILLING  AND
FOR  THE  PAYMENT  OF  THE ANNUAL AMORTIZED INSTALLMENT, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL  AMOUNT  STILL  OUTSTANDING  AND  BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
  S  13.  The  retirement and social security law is amended by adding a
new section 316-j to read as follows:
  S 316-J. AMORTIZATION OF A PORTION OF THE STATE'S  CONTRIBUTION  BILLS
FOR  FISCAL  YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN. A. IF
THE COMPTROLLER, IN HIS OR HER DISCRETION,  DECIDES  TO  PERMIT  AMORTI-
ZATION  OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON THE
BASIS OF THE ANNUAL ACTUARIAL VALUATION MADE  AS  OF  APRIL  FIRST,  TWO
THOUSAND FOURTEEN AS PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE  THE  ANNUAL AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE
INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS  RELATING  TO  PRIOR  FISCAL
YEARS'  OBLIGATIONS  AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES
OR ANY OTHER OBLIGATIONS THAT THE STATE IS PERMITTED TO PAY ON AN  AMOR-
TIZED BASIS) REQUIRED TO BE PAID PURSUANT TO SECTION THREE HUNDRED TWEN-
TY-THREE-A   OF   THIS   ARTICLE   FOR  THE  FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST, TWO THOUSAND SIXTEEN. THE AMOUNT BY WHICH THE CONTRIBUTION
AMOUNT WITH RESPECT TO FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO  THOU-
SAND  SIXTEEN  EXCEEDS  TWENTY-TWO AND ONE-HALF PERCENT OF THE ESTIMATED
PENSIONABLE SALARY BASE FOR FISCAL YEAR ENDING MARCH  THIRTY-FIRST,  TWO
THOUSAND  SIXTEEN  SHALL  BE THE "AMOUNT ELIGIBLE FOR AMORTIZATION." THE
"AMOUNT ELIGIBLE FOR AMORTIZATION" SHALL BE AMORTIZED  OVER  A  TEN-YEAR
PERIOD  AT  A  FIXED  RATE OF INTEREST PER ANNUM TO BE DETERMINED BY THE
COMPTROLLER TO BE APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS  ELIGIBLE
FOR  AMORTIZATION  OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF
RETURN ON TAXABLE FIXED RATE SECURITIES WITH  SIMILAR  TERMS  ISSUED  BY
COMPARABLE  ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE DURING
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
  B. THE STATE MAY, IN LIEU OF PAYING  ITS  BILL  FOR  THE  FISCAL  YEAR
ENDING  MARCH  THIRTY-FIRST,  TWO  THOUSAND SIXTEEN, PAY A LESSER AMOUNT
DURING THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO  THOUSAND  SIXTEEN

S. 6606--A                         193                        A. 9706--A

WHICH SHALL BE DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING SIX
AMOUNTS TOGETHER:
  (1)  THE ENTIRE BILL FOR THE FISCAL YEAR ENDING ON MARCH THIRTY-FIRST,
TWO THOUSAND SIXTEEN, CALCULATED PURSUANT TO SECTION THREE HUNDRED TWEN-
TY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS SECTION) LESS  THE
"AMOUNT  ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO SUBDIVISION A
OF THIS SECTION;
  (2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SECTION THREE HUNDRED SIXTEEN-I OF THIS
TITLE, IF APPLICABLE; AND
  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SECTION THREE HUNDRED SIXTEEN-H OF THIS
TITLE, IF APPLICABLE; AND
  (4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SECTION THREE HUNDRED SIXTEEN-G OF THIS
TITLE, IF APPLICABLE; AND
  (5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SECTION THREE HUNDRED SIXTEEN-F OF THIS
TITLE, IF APPLICABLE; AND
  (6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SECTION THREE HUNDRED SIXTEEN-E OF THIS
TITLE, IF APPLICABLE.
  C. IF THE STATE MAKES THE PAYMENT PROVIDED FOR  IN  SUBDIVISION  B  OF
THIS  SECTION,  THE  STATE SHALL PAY DURING THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND SEVENTEEN AN AMOUNT DETERMINED BY  THE  COMP-
TROLLER BY ADDING THE FOLLOWING SEVEN AMOUNTS TOGETHER:
  (1)  THE  STATE'S ENTIRE BILL FOR THE FISCAL YEAR ENDING MARCH THIRTY-
FIRST, TWO THOUSAND SEVENTEEN,  CALCULATED  PURSUANT  TO  SECTION  THREE
HUNDRED  TWENTY-THREE-A  OF  THIS  ARTICLE  (WITHOUT  REFERENCE  TO THIS
SECTION);
  (2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (3)  THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SIXTEEN-I OF THIS TITLE, IF APPLICABLE; AND
  (4)  THE  THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SIXTEEN-H OF THIS TITLE, IF APPLICABLE; AND
  (5)  THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SIXTEEN-G OF THIS TITLE, IF APPLICABLE; AND
  (6)  THE  FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SIXTEEN-F OF THIS TITLE, IF APPLICABLE; AND
  (7)  THE  SIXTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SIXTEEN-E OF THIS TITLE, IF APPLICABLE.
  D.  THE  REMAINING  AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS
THREE  HUNDRED  SIXTEEN-C,  THREE  HUNDRED  SIXTEEN-D,   THREE   HUNDRED
SIXTEEN-E,  THREE  HUNDRED  SIXTEEN-F,  THREE  HUNDRED  SIXTEEN-G, THREE
HUNDRED SIXTEEN-H, AND THREE HUNDRED SIXTEEN-I OF THIS TITLE AND  PURSU-
ANT TO THIS SECTION SHALL BE DUE AND PAYABLE EACH SUBSEQUENT FISCAL YEAR
DURING  THE  APPLICABLE  AMORTIZATION PERIOD. THE COMPTROLLER SHALL HAVE
THE AUTHORITY TO PERMIT THE PRE-PAYMENT OF THE REMAINING BALANCE OF  THE
"AMOUNT  ELIGIBLE  FOR  AMORTIZATION"  DETERMINED  PURSUANT TO BOTH SUCH
SECTIONS SUBJECT TO THE FOLLOWING:

S. 6606--A                         194                        A. 9706--A

  (1) ON OR BEFORE AUGUST FIRST, TWO THOUSAND  FIFTEEN  IN  ADDITION  TO
ADVISING WITH RESPECT TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND
FOR THE PAYMENT OF THE AMORTIZED ANNUAL INSTALLMENTS DETERMINED PURSUANT
TO  SECTIONS  THREE  HUNDRED  SIXTEEN-C,  THREE HUNDRED SIXTEEN-D, THREE
HUNDRED  SIXTEEN-E,  THREE  HUNDRED  SIXTEEN-F, THREE HUNDRED SIXTEEN-G,
THREE HUNDRED SIXTEEN-H, AND THREE HUNDRED SIXTEEN-I OF THIS  TITLE  AND
PURSUANT  TO THIS SECTION, THE COMPTROLLER SHALL ADVISE THE STATE OF THE
TOTAL AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID
AMOUNT FOR THE FISCAL  YEAR  ENDING  MARCH  THIRTY-FIRST,  TWO  THOUSAND
SIXTEEN.
  (2)  ON OR BEFORE EACH SUBSEQUENT AUGUST FIRST DURING THE AMORTIZATION
PERIOD, IN ADDITION TO THE AMOUNT DUE FOR THE CURRENT YEAR  BILLING  AND
FOR  THE  PAYMENT  OF  THE ANNUAL AMORTIZED INSTALLMENT, THE COMPTROLLER
SHALL ADVISE THE STATE OF THE TOTAL  AMOUNT  STILL  OUTSTANDING  AND  BE
AUTHORIZED TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID
FOR THAT FISCAL YEAR.
  S  14.  The  retirement and social security law is amended by adding a
new section 17-e to read as follows:
  S 17-E. AMORTIZATION OF A  PORTION  OF  THE  BILLS  FOR  PARTICIPATING
EMPLOYERS  FOR  THE TWO THOUSAND TEN -- TWO THOUSAND ELEVEN FISCAL YEAR.
A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMOR-
TIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON OR
ABOUT OCTOBER FIFTEENTH, TWO THOUSAND NINE, ON THE BASIS OF  THE  ANNUAL
ACTUARIAL  VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM  LIFE  INSUR-
ANCE,  DEFICIENCY  PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS'
OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES  OR  ANY
OTHER  OBLIGATIONS  THAT A PARTICIPATING EMPLOYER IS PERMITTED TO PAY ON
AN AMORTIZED BASIS) OF  THE  ANNUAL  CONTRIBUTION  FOR  A  PARTICIPATING
EMPLOYER  PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE DUE FOR THE
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN.  THE  AMOUNT
BY  WHICH  SUCH  CONTRIBUTION  EXCEEDS  NINE AND ONE-HALF PERCENT OF THE
ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL YEAR ENDING MARCH THIR-
TY-FIRST, TWO THOUSAND ELEVEN SHALL BE THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION".  AN  AMOUNT UP TO THE "AMOUNT ELIGIBLE FOR AMORTIZATION" MAY BE
AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED RATE OF INTEREST  PER  ANNUM
TO  BE DETERMINED BY THE COMPTROLLER TO BE APPLIED TO THE UNPAID BALANCE
OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION OF ALL EMPLOYERS, WHICH APPROX-
IMATES A MARKET RATE OF RETURN ON TAXABLE  FIXED  RATE  SECURITIES  WITH
SIMILAR  TERMS ISSUED BY COMPARABLE ISSUERS, WITH THE FIRST OF TEN EQUAL
PAYMENTS PAYABLE ON FEBRUARY FIRST, TWO THOUSAND TWELVE.
  B. A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE  FEBRU-
ARY  FIRST,  TWO  THOUSAND  ELEVEN BILL, PAY A LESSER AMOUNT ON FEBRUARY
FIRST, TWO THOUSAND ELEVEN WHICH SHALL BE DETERMINED BY THE  COMPTROLLER
EQUALING THE FOLLOWING AMOUNTS,
  THE ENTIRE FEBRUARY FIRST, TWO THOUSAND ELEVEN BILL, CALCULATED PURSU-
ANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO THIS
SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT
TO SUBDIVISION A OF THIS SECTION;
  C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF  THIS  SECTION  SHALL  PAY  ON FEBRUARY FIRST, TWO THOUSAND TWELVE AN
AMOUNT DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING TWO AMOUNTS
TOGETHER;
  (1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND  TWELVE  BILL,  CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO

S. 6606--A                         195                        A. 9706--A

THIS  SECTION),  LESS  THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED
PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-F OF THIS ARTICLE; AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION.
  D. AMORTIZED PAYMENTS DETERMINED  PURSUANT  TO  SECTIONS  SEVENTEEN-B,
SEVENTEEN-C,  AND SEVENTEEN-D OF THIS TITLE AND PURSUANT TO THIS SECTION
SHALL BE DUE AND PAYABLE ON FEBRUARY  FIRST  OF  EACH  YEAR  DURING  THE
APPLICABLE AMORTIZATION PERIOD. THE COMPTROLLER SHALL HAVE THE AUTHORITY
TO PERMIT THE PRE-PAYMENT OF THE REMAINING BALANCE OF THE "AMOUNT ELIGI-
BLE  FOR  AMORTIZATION" DETERMINED PURSUANT TO ALL SUCH SECTIONS SUBJECT
TO THE FOLLOWING:
  (1) ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND ELEVEN  IN  ADDITION
TO  THE  AMOUNT  DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF
THE AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO  SECTION  SEVEN-
TEEN-B,  SEVENTEEN-C, AND SEVENTEEN-D OF THIS TITLE AND PURSUANT TO THIS
SECTION, THE COMPTROLLER SHALL ADVISE THE PARTICIPATING EMPLOYER OF  THE
TOTAL AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID
AMOUNT BY FEBRUARY FIRST, TWO THOUSAND TWELVE.
  (2)  ON  OR  BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT  OF  THE
ANNUAL  AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY  FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
  S  15.  The  retirement and social security law is amended by adding a
new section 17-f to read as follows:
  S 17-F. AMORTIZATION OF A  PORTION  OF  THE  BILLS  FOR  PARTICIPATING
EMPLOYERS  FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE FISCAL YEAR.
A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMOR-
TIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON OR
ABOUT OCTOBER FIFTEENTH, TWO THOUSAND TEN, ON THE BASIS  OF  THE  ANNUAL
ACTUARIAL  VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM  LIFE  INSUR-
ANCE,  DEFICIENCY  PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS'
OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES  OR  ANY
OTHER  OBLIGATIONS  THAT A PARTICIPATING EMPLOYER IS PERMITTED TO PAY ON
AN AMORTIZED BASIS) OF  THE  ANNUAL  CONTRIBUTION  FOR  A  PARTICIPATING
EMPLOYER  PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE DUE FOR THE
FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND TWELVE.  THE  AMOUNT
BY WHICH SUCH CONTRIBUTION EXCEEDS TEN AND ONE-HALF PERCENT OF THE ESTI-
MATED   PENSIONABLE  SALARY  BASE  FOR  THE  FISCAL  YEAR  ENDING  MARCH
THIRTY-FIRST, TWO THOUSAND TWELVE SHALL  BE  THE  "AMOUNT  ELIGIBLE  FOR
AMORTIZATION".  AN  AMOUNT  UP TO THE "AMOUNT ELIGIBLE FOR AMORTIZATION"
MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED RATE OF INTEREST  PER
ANNUM  TO  BE  DETERMINED BY THE COMPTROLLER TO BE APPLIED TO THE UNPAID
BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION OF ALL EMPLOYERS, WHICH
APPROXIMATES A MARKET RATE OF RETURN ON TAXABLE  FIXED  RATE  SECURITIES
WITH  SIMILAR  TERMS ISSUED BY COMPARABLE ISSUERS, WITH THE FIRST OF TEN
EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST, TWO THOUSAND THIRTEEN.
  B. A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE  FEBRU-
ARY  FIRST,  TWO  THOUSAND  TWELVE BILL, PAY A LESSER AMOUNT ON FEBRUARY
FIRST, TWO THOUSAND TWELVE WHICH SHALL BE DETERMINED BY THE  COMPTROLLER
BY ADDING THE FOLLOWING TWO AMOUNTS TOGETHER:
  (1)  THE  ENTIRE  FEBRUARY FIRST, TWO THOUSAND TWELVE BILL, CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO

S. 6606--A                         196                        A. 9706--A

THIS SECTION) LESS THE "AMOUNT  ELIGIBLE  FOR  AMORTIZATION"  DETERMINED
PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION  SEVENTEEN-E  OF
THIS ARTICLE, IF APPLICABLE.
  C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF  THIS  SECTION  SHALL PAY ON FEBRUARY FIRST, TWO THOUSAND THIRTEEN AN
AMOUNT DETERMINED BY THE  COMPTROLLER  BY  ADDING  THE  FOLLOWING  THREE
AMOUNTS TOGETHER:
  (1)  THE ENTIRE FEBRUARY FIRST, TWO THOUSAND THIRTEEN BILL, CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
THIS SECTION), LESS THE "AMOUNT ELIGIBLE  FOR  AMORTIZATION"  DETERMINED
PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-G OF THIS TITLE; AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-E OF
THIS TITLE, IF APPLICABLE.
  D. AMORTIZED PAYMENTS DETERMINED  PURSUANT  TO  SECTIONS  SEVENTEEN-B,
SEVENTEEN-C, SEVENTEEN-D, AND SEVENTEEN-E OF THIS TITLE, AND PURSUANT TO
THIS  SECTION  SHALL  BE  DUE AND PAYABLE ON FEBRUARY FIRST OF EACH YEAR
DURING THE APPLICABLE AMORTIZATION PERIOD. THE  COMPTROLLER  SHALL  HAVE
THE  AUTHORITY TO PERMIT THE PRE-PAYMENT OF THE REMAINING BALANCE OF THE
"AMOUNT ELIGIBLE FOR  AMORTIZATION"  DETERMINED  PURSUANT  TO  ALL  SUCH
SECTIONS SUBJECT TO THE FOLLOWING:
  (1)  ON  OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND TWELVE IN ADDITION
TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR  THE  PAYMENT  OF
THE  AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS SEVEN-
TEEN-B, SEVENTEEN-C, SEVENTEEN-D, AND  SEVENTEEN-E  OF  THIS  TITLE  AND
PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL ADVISE THE PARTICIPATING
EMPLOYER OF THE TOTAL AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT
IN FULL OF SAID AMOUNT BY FEBRUARY FIRST, TWO THOUSAND THIRTEEN.
  (2)  ON  OR  BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT  OF  THE
ANNUAL  AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY  FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
  S  16.  The  retirement and social security law is amended by adding a
new section 17-g to read as follows:
  S 17-G. AMORTIZATION OF A  PORTION  OF  THE  BILLS  FOR  PARTICIPATING
EMPLOYERS  FOR  THE  TWO  THOUSAND  TWELVE--TWO THOUSAND THIRTEEN FISCAL
YEAR. A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT
AMORTIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS  SECTION,  THEN,
ON  OR ABOUT OCTOBER FIFTEENTH, TWO THOUSAND ELEVEN, ON THE BASIS OF THE
ANNUAL ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER
SHALL DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR  GROUP  TERM  LIFE
INSURANCE,  DEFICIENCY  PAYMENTS,  ADJUSTMENTS  RELATING TO PRIOR FISCAL
YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO  RETIREMENT  INCENTIVES
OR  ANY  OTHER OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS PERMITTED TO
PAY ON AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A  PARTICIPAT-
ING  EMPLOYER PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE DUE FOR
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN.    THE
AMOUNT BY WHICH SUCH CONTRIBUTION EXCEEDS ELEVEN AND ONE-HALF PERCENT OF
THE  ESTIMATED  PENSIONABLE SALARY BASE FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND THIRTEEN SHALL BE THE  "AMOUNT  ELIGIBLE  FOR

S. 6606--A                         197                        A. 9706--A

AMORTIZATION".  AN  AMOUNT  UP TO THE "AMOUNT ELIGIBLE FOR AMORTIZATION"
MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED RATE OF INTEREST  PER
ANNUM  TO  BE  DETERMINED BY THE COMPTROLLER TO BE APPLIED TO THE UNPAID
BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION OF ALL EMPLOYERS, WHICH
APPROXIMATES  A  MARKET  RATE OF RETURN ON TAXABLE FIXED RATE SECURITIES
WITH SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS, WITH THE FIRST  OF  TEN
EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST, TWO THOUSAND FOURTEEN.
  B.  A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE FEBRU-
ARY FIRST, TWO THOUSAND THIRTEEN BILL, PAY A LESSER AMOUNT  ON  FEBRUARY
FIRST,  TWO  THOUSAND  THIRTEEN  WHICH  SHALL BE DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING THREE AMOUNTS TOGETHER:
  (1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND THIRTEEN BILL,  CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
THIS  SECTION)  LESS  THE  "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED
PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-E OF
THIS TITLE, IF APPLICABLE.
  C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF THIS SECTION SHALL PAY ON FEBRUARY FIRST, TWO  THOUSAND  FOURTEEN  AN
AMOUNT  DETERMINED  BY  THE  COMPTROLLER  BY  ADDING  THE FOLLOWING FOUR
AMOUNTS TOGETHER:
  (1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND FOURTEEN BILL,  CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
THIS  SECTION)  LESS  THE  "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED
PURSUANT TO SECTION SEVENTEEN-H OF THIS TITLE, IF APPLICABLE; AND
  (2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (3)  THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION  SEVENTEEN-F  OF
THIS TITLE, IF APPLICABLE
  (4)  THE  THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION  SEVENTEEN-E  OF
THIS TITLE, IF APPLICABLE.
  D.  AMORTIZED  PAYMENTS  DETERMINED  PURSUANT TO SECTIONS SEVENTEEN-B,
SEVENTEEN-C, SEVENTEEN-D, SEVENTEEN-E, AND SEVENTEEN-F OF THIS TITLE AND
PURSUANT TO THIS SECTION SHALL BE DUE AND PAYABLE ON FEBRUARY  FIRST  OF
EACH  YEAR  DURING  THE  APPLICABLE AMORTIZATION PERIOD. THE COMPTROLLER
SHALL HAVE THE AUTHORITY TO PERMIT  THE  PRE-PAYMENT  OF  THE  REMAINING
BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO
ALL SUCH SECTIONS SUBJECT TO THE FOLLOWING:
  (1) ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND THIRTEEN IN ADDITION
TO  THE  AMOUNT  DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF
THE AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS  SEVEN-
TEEN-B,  SEVENTEEN-C,  SEVENTEEN-D, SEVENTEEN-E, AND SEVENTEEN-F OF THIS
TITLE AND PURSUANT TO THIS SECTION, THE  COMPTROLLER  SHALL  ADVISE  THE
PARTICIPATING  EMPLOYER  OF  THE  TOTAL  AMOUNT DUE AND BE AUTHORIZED TO
ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT BY FEBRUARY FIRST,  TWO  THOU-
SAND FOURTEEN.
  (2)  ON  OR  BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT  OF  THE
ANNUAL  AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED

S. 6606--A                         198                        A. 9706--A

TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY  FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
  S  17.  The  retirement and social security law is amended by adding a
new section 17-h to read as follows:
  S 17-H. AMORTIZATION OF A  PORTION  OF  THE  BILLS  FOR  PARTICIPATING
EMPLOYERS  FOR  THE  TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN FISCAL
YEAR. A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT
AMORTIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS  SECTION,  THEN,
ON  OR ABOUT OCTOBER FIFTEENTH, TWO THOUSAND TWELVE, ON THE BASIS OF THE
ANNUAL ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER
SHALL DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR  GROUP  TERM  LIFE
INSURANCE,  DEFICIENCY  PAYMENTS,  ADJUSTMENTS  RELATING TO PRIOR FISCAL
YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO  RETIREMENT  INCENTIVES
OR  ANY  OTHER OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS PERMITTED TO
PAY ON AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A  PARTICIPAT-
ING  EMPLOYER PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE DUE FOR
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO  THOUSAND  FOURTEEN.  THE
AMOUNT BY WHICH SUCH CONTRIBUTION EXCEEDS TWELVE AND ONE-HALF PERCENT OF
THE  ESTIMATED  PENSIONABLE SALARY BASE FOR THE FISCAL YEAR ENDING MARCH
THIRTY-FIRST, TWO THOUSAND FOURTEEN SHALL BE THE  "AMOUNT  ELIGIBLE  FOR
AMORTIZATION".  AN  AMOUNT  UP TO THE "AMOUNT ELIGIBLE FOR AMORTIZATION"
MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED RATE OF INTEREST  PER
ANNUM  TO  BE  DETERMINED BY THE COMPTROLLER TO BE APPLIED TO THE UNPAID
BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION OF ALL EMPLOYERS, WHICH
APPROXIMATES A MARKET RATE OF RETURN ON TAXABLE  FIXED  RATE  SECURITIES
WITH  SIMILAR  TERMS ISSUED BY COMPARABLE ISSUERS, WITH THE FIRST OF TEN
EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST, TWO THOUSAND FIFTEEN.
  B. A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE  FEBRU-
ARY  FIRST,  TWO THOUSAND FOURTEEN BILL, PAY A LESSER AMOUNT ON FEBRUARY
FIRST, TWO THOUSAND FOURTEEN WHICH SHALL  BE  DETERMINED  BY  THE  COMP-
TROLLER BY ADDING THE FOLLOWING FOUR AMOUNTS TOGETHER:
  (1)  THE ENTIRE FEBRUARY FIRST, TWO THOUSAND FOURTEEN BILL, CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
THIS SECTION) LESS THE "AMOUNT  ELIGIBLE  FOR  AMORTIZATION"  DETERMINED
PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION  SEVENTEEN-G  OF
THIS TITLE, IF APPLICABLE; AND
  (3)  THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION  SEVENTEEN-F  OF
THIS TITLE, IF APPLICABLE; AND
  (4)  THE  THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION  SEVENTEEN-E  OF
THIS TITLE, IF APPLICABLE.
  C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF  THIS  SECTION  SHALL  PAY ON FEBRUARY FIRST, TWO THOUSAND FIFTEEN AN
AMOUNT DETERMINED BY  THE  COMPTROLLER  BY  ADDING  THE  FOLLOWING  FIVE
AMOUNTS TOGETHER:
  (1)  THE  ENTIRE FEBRUARY FIRST, TWO THOUSAND FIFTEEN BILL, CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
THIS SECTION) LESS THE "AMOUNT  ELIGIBLE  FOR  AMORTIZATION"  DETERMINED
PURSUANT TO SECTION SEVENTEEN-I OF THIS TITLE, IF APPLICABLE; AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND

S. 6606--A                         199                        A. 9706--A

  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-G OF
THIS TITLE, IF APPLICABLE; AND
  (4)  THE  THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION  SEVENTEEN-F  OF
THIS TITLE, IF APPLICABLE; AND
  (5)  THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION  SEVENTEEN-E  OF
THIS TITLE, IF APPLICABLE.
  D.  AMORTIZED  PAYMENTS  DETERMINED  PURSUANT TO SECTIONS SEVENTEEN-B,
SEVENTEEN-C, SEVENTEEN-D, SEVENTEEN-E, SEVENTEEN-F  AND  SEVENTEEN-G  OF
THIS  TITLE  AND  PURSUANT  TO  THIS SECTION SHALL BE DUE AND PAYABLE ON
FEBRUARY FIRST OF EACH YEAR DURING THE APPLICABLE  AMORTIZATION  PERIOD.
THE  COMPTROLLER  SHALL  HAVE THE AUTHORITY TO PERMIT THE PRE-PAYMENT OF
THE REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR  AMORTIZATION"  DETER-
MINED PURSUANT TO ALL SUCH SECTIONS SUBJECT TO THE FOLLOWING:
  (1) ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND FOURTEEN IN ADDITION
TO  THE  AMOUNT  DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF
THE AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS  SEVEN-
TEEN-B,  SEVENTEEN-C,  SEVENTEEN-D,  SEVENTEEN-E, SEVENTEEN-F AND SEVEN-
TEEN-G OF THIS TITLE AND PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL
ADVISE THE PARTICIPATING EMPLOYER OF THE TOTAL AMOUNT DUE AND BE AUTHOR-
IZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT BY FEBRUARY FIRST, TWO
THOUSAND FIFTEEN.
  (2) ON OR BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER,  IN  ADDITION  TO
THE  AMOUNT  DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF THE
ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE  PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO  ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
  S 18. The retirement and social security law is amended  by  adding  a
new section 17-i to read as follows:
  S  17-I.  AMORTIZATION  OF  A  PORTION  OF THE BILLS FOR PARTICIPATING
EMPLOYERS FOR THE TWO THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN  FISCAL
YEAR. A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT
AMORTIZATION  OF  EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN,
ON OR ABOUT OCTOBER FIFTEENTH, TWO THOUSAND THIRTEEN, ON  THE  BASIS  OF
THE  ANNUAL  ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMP-
TROLLER SHALL DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM
LIFE INSURANCE,  DEFICIENCY  PAYMENTS,  ADJUSTMENTS  RELATING  TO  PRIOR
FISCAL  YEARS'  OBLIGATIONS  AND  OBLIGATIONS  PERTAINING  TO RETIREMENT
INCENTIVES OR ANY OTHER OBLIGATIONS THAT  A  PARTICIPATING  EMPLOYER  IS
PERMITTED TO PAY ON AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A
PARTICIPATING  EMPLOYER PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTI-
CLE DUE FOR THE FISCAL YEAR  ENDING  MARCH  THIRTY-FIRST,  TWO  THOUSAND
FIFTEEN.  THE  AMOUNT  BY  WHICH  SUCH CONTRIBUTION EXCEEDS THIRTEEN AND
ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR ENDING MARCH  THIRTY-FIRST,  TWO  THOUSAND  FIFTEEN  SHALL  BE  THE
"AMOUNT ELIGIBLE FOR AMORTIZATION". AN AMOUNT UP TO THE "AMOUNT ELIGIBLE
FOR  AMORTIZATION"  MAY  BE  AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED
RATE OF INTEREST PER ANNUM TO BE DETERMINED BY  THE  COMPTROLLER  TO  BE
APPLIED  TO  THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION
OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON  TAXABLE
FIXED  RATE  SECURITIES WITH SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS,
WITH THE FIRST OF TEN EQUAL PAYMENTS  PAYABLE  ON  FEBRUARY  FIRST,  TWO
THOUSAND SIXTEEN.

S. 6606--A                         200                        A. 9706--A

  B.  A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE FEBRU-
ARY FIRST, TWO THOUSAND FIFTEEN BILL, PAY A LESSER  AMOUNT  ON  FEBRUARY
FIRST, TWO THOUSAND FIFTEEN WHICH SHALL BE DETERMINED BY THE COMPTROLLER
BY ADDING THE FOLLOWING FIVE AMOUNTS TOGETHER:
  (1)  THE  ENTIRE FEBRUARY FIRST, TWO THOUSAND FIFTEEN BILL, CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
THIS SECTION) LESS THE "AMOUNT  ELIGIBLE  FOR  AMORTIZATION"  DETERMINED
PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION  SEVENTEEN-H  OF
THIS TITLE, IF APPLICABLE; AND
  (3)  THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION  SEVENTEEN-G  OF
THIS TITLE, IF APPLICABLE; AND
  (4)  THE  THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION  SEVENTEEN-F  OF
THIS TITLE, IF APPLICABLE; AND
  (5)  THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION  SEVENTEEN-E  OF
THIS TITLE, IF APPLICABLE.
  C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF  THIS  SECTION  SHALL  PAY ON FEBRUARY FIRST, TWO THOUSAND SIXTEEN AN
AMOUNT DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING SIX AMOUNTS
TOGETHER:
  (1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND SIXTEEN  BILL,  CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
THIS  SECTION)  LESS  THE  "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED
PURSUANT TO SECTION SEVENTEEN-J OF THIS TITLE, IF APPLICABLE; AND
  (2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (3)  THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION  SEVENTEEN-H  OF
THIS TITLE, IF APPLICABLE; AND
  (4)  THE  THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION  SEVENTEEN-G  OF
THIS TITLE, IF APPLICABLE; AND
  (5)  THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION  SEVENTEEN-F  OF
THIS TITLE, IF APPLICABLE; AND
  (6)  THE  FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF SECTION  SEVENTEEN-E  OF
THIS TITLE, IF APPLICABLE.
  D.  AMORTIZED  PAYMENTS  DETERMINED  PURSUANT TO SECTIONS SEVENTEEN-B,
SEVENTEEN-C,  SEVENTEEN-D,  SEVENTEEN-E,  SEVENTEEN-F,  SEVENTEEN-G  AND
SEVENTEEN-H  OF THIS TITLE AND PURSUANT TO THIS SECTION SHALL BE DUE AND
PAYABLE ON FEBRUARY FIRST OF EACH YEAR  DURING  THE  APPLICABLE  AMORTI-
ZATION  PERIOD.  THE  COMPTROLLER SHALL HAVE THE AUTHORITY TO PERMIT THE
PRE-PAYMENT OF THE REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO ALL SUCH SECTIONS SUBJECT TO THE  FOLLOW-
ING:
  (1)  ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND FIFTEEN IN ADDITION
TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR  THE  PAYMENT  OF
THE  AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS SEVEN-
TEEN-B, SEVENTEEN-C, SEVENTEEN-D, SEVENTEEN-E, SEVENTEEN-F,  SEVENTEEN-G
AND  SEVENTEEN-H  OF  THIS TITLE AND PURSUANT TO THIS SECTION, THE COMP-
TROLLER SHALL ADVISE THE PARTICIPATING EMPLOYER OF THE TOTAL AMOUNT  DUE

S. 6606--A                         201                        A. 9706--A

AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT BY FEBRU-
ARY FIRST, TWO THOUSAND SIXTEEN.
  (2)  ON  OR  BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT  OF  THE
ANNUAL  AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY  FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
  S  19.  The  retirement and social security law is amended by adding a
new section 17-j to read as follows:
  S 17-J. AMORTIZATION OF A  PORTION  OF  THE  BILLS  FOR  PARTICIPATING
EMPLOYERS  FOR  THE  TWO  THOUSAND  FIFTEEN--TWO THOUSAND SIXTEEN FISCAL
YEAR.   A. IF THE COMPTROLLER, IN HIS  OR  HER  DISCRETION,  DECIDES  TO
PERMIT  AMORTIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION,
THEN, ON OR ABOUT OCTOBER FIFTEENTH, TWO THOUSAND FOURTEEN, ON THE BASIS
OF THE ANNUAL ACTUARIAL VALUATION PROVIDED  FOR  IN  THIS  CHAPTER,  THE
COMPTROLLER  SHALL DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP
TERM LIFE INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS RELATING TO  PRIOR
FISCAL  YEARS'  OBLIGATIONS  AND  OBLIGATIONS  PERTAINING  TO RETIREMENT
INCENTIVES OR ANY OTHER OBLIGATIONS THAT  A  PARTICIPATING  EMPLOYER  IS
PERMITTED TO PAY ON AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A
PARTICIPATING  EMPLOYER PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTI-
CLE DUE FOR THE FISCAL YEAR  ENDING  MARCH  THIRTY-FIRST,  TWO  THOUSAND
SIXTEEN.  THE  AMOUNT  BY  WHICH  SUCH CONTRIBUTION EXCEEDS FOURTEEN AND
ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR ENDING MARCH  THIRTY-FIRST,  TWO  THOUSAND  SIXTEEN  SHALL  BE  THE
"AMOUNT ELIGIBLE FOR AMORTIZATION". AN AMOUNT UP TO THE "AMOUNT ELIGIBLE
FOR  AMORTIZATION"  MAY  BE  AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED
RATE OF INTEREST PER ANNUM TO BE DETERMINED BY  THE  COMPTROLLER  TO  BE
APPLIED  TO  THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION
OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON  TAXABLE
FIXED  RATE  SECURITIES WITH SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS,
WITH THE FIRST OF TEN EQUAL PAYMENTS  PAYABLE  ON  FEBRUARY  FIRST,  TWO
THOUSAND SEVENTEEN.
  B. A PARTICIPATING EMPLOYER MAY, IN LIEU OF PAYING ITS ENTIRE FEBRUARY
FIRST, TWO THOUSAND SIXTEEN BILL, PAY A LESSER AMOUNT ON FEBRUARY FIRST,
TWO  THOUSAND  SIXTEEN  WHICH  SHALL BE DETERMINED BY THE COMPTROLLER BY
ADDING THE FOLLOWING SIX AMOUNTS TOGETHER:
  (1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND SIXTEEN  BILL,  CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
THIS  SECTION)  LESS  THE  "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED
PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-I OF
THIS TITLE, IF APPLICABLE; AND
  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-H OF
THIS TITLE, IF APPLICABLE; AND
  (4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-G OF
THIS TITLE, IF APPLICABLE; AND
  (5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-F OF
THIS TITLE, IF APPLICABLE; AND

S. 6606--A                         202                        A. 9706--A

  (6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-E OF
THIS TITLE, IF APPLICABLE.
  C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF  THIS  SECTION SHALL PAY ON FEBRUARY FIRST, TWO THOUSAND SEVENTEEN AN
AMOUNT DETERMINED BY THE  COMPTROLLER  BY  ADDING  THE  FOLLOWING  SEVEN
AMOUNTS TOGETHER:
  (1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND SEVENTEEN BILL, CALCULATED
PURSUANT TO SECTION TWENTY-THREE-A OF THIS ARTICLE (WITHOUT REFERENCE TO
THIS SECTION); AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-I OF
THIS TITLE, IF APPLICABLE; AND
  (4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-H OF
THIS TITLE, IF APPLICABLE; AND
  (5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-G OF
THIS TITLE, IF APPLICABLE; AND
  (6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-F OF
THIS TITLE, IF APPLICABLE; AND
  (7) THE SIXTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT TO SUBDIVISION A OF SECTION SEVENTEEN-E OF
THIS TITLE, IF APPLICABLE.
  D. AMORTIZED PAYMENTS DETERMINED  PURSUANT  TO  SECTIONS  SEVENTEEN-B,
SEVENTEEN-C,  SEVENTEEN-D, SEVENTEEN-E, SEVENTEEN-F, SEVENTEEN-G, SEVEN-
TEEN-H AND SEVENTEEN-I OF THIS TITLE AND PURSUANT TO THIS SECTION  SHALL
BE  DUE AND PAYABLE ON FEBRUARY FIRST OF EACH YEAR DURING THE APPLICABLE
AMORTIZATION PERIOD. THE COMPTROLLER SHALL HAVE THE AUTHORITY TO  PERMIT
THE  PRE-PAYMENT  OF  THE  REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR
AMORTIZATION" DETERMINED PURSUANT TO ALL SUCH SECTIONS  SUBJECT  TO  THE
FOLLOWING:
  (1)  ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND SIXTEEN IN ADDITION
TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR  THE  PAYMENT  OF
THE  AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS SEVEN-
TEEN-B, SEVENTEEN-C, SEVENTEEN-D, SEVENTEEN-E, SEVENTEEN-F, SEVENTEEN-G,
SEVENTEEN-H AND SEVENTEEN-I OF THIS TITLE AND PURSUANT TO THIS  SECTION,
THE  COMPTROLLER  SHALL  ADVISE  THE PARTICIPATING EMPLOYER OF THE TOTAL
AMOUNT DUE AND BE AUTHORIZED TO  ACCEPT  PRE-PAYMENT  IN  FULL  OF  SAID
AMOUNT BY FEBRUARY FIRST, TWO THOUSAND SEVENTEEN.
  (2)  ON  OR  BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT  OF  THE
ANNUAL  AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY  FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
  S  20.  The  retirement and social security law is amended by adding a
new section 317-e to read as follows:
  S 317-E. AMORTIZATION OF A PORTION  OF  THE  BILLS  FOR  PARTICIPATING
EMPLOYERS  FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN FISCAL YEAR. A.
IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT  AMORTI-
ZATION  OF  EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON OR
ABOUT OCTOBER FIFTEENTH, TWO THOUSAND NINE, ON THE BASIS OF  THE  ANNUAL

S. 6606--A                         203                        A. 9706--A

ACTUARIAL  VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM  LIFE  INSUR-
ANCE,  DEFICIENCY  PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS'
OBLIGATIONS  AND  OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES OR ANY
OTHER OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS PERMITTED TO  PAY  ON
AN  AMORTIZED  BASIS)  OF  THE  ANNUAL  CONTRIBUTION FOR A PARTICIPATING
EMPLOYER PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS  ARTI-
CLE  DUE  FOR  THE  FISCAL  YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND
ELEVEN. THE AMOUNT BY WHICH  SUCH  CONTRIBUTION  EXCEEDS  SEVENTEEN  AND
ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN SHALL BE THE "AMOUNT
ELIGIBLE  FOR  AMORTIZATION".  AN  AMOUNT UP TO THE "AMOUNT ELIGIBLE FOR
AMORTIZATION" MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED RATE OF
INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE APPLIED  TO
THE  UNPAID  BALANCE  OF  THE  AMOUNTS  ELIGIBLE FOR AMORTIZATION OF ALL
EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON  TAXABLE  FIXED
RATE  SECURITIES  WITH  SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS, WITH
THE FIRST OF TEN EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST, TWO  THOUSAND
TWELVE.
  B.  A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE FEBRU-
ARY FIRST, TWO THOUSAND ELEVEN BILL, PAY A  LESSER  AMOUNT  ON  FEBRUARY
FIRST,  TWO THOUSAND ELEVEN WHICH SHALL BE DETERMINED BY THE COMPTROLLER
EQUALING THE FOLLOWING AMOUNTS,
  THE ENTIRE FEBRUARY FIRST, TWO THOUSAND ELEVEN BILL, CALCULATED PURSU-
ANT TO SECTION THREE HUNDRED TWENTY-THREE-A  OF  THIS  ARTICLE  (WITHOUT
REFERENCE  TO  THIS SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTIZATION"
DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION.
  C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF THIS SECTION SHALL PAY ON FEBRUARY  FIRST,  TWO  THOUSAND  TWELVE  AN
AMOUNT DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING TWO AMOUNTS
TOGETHER:
  (1)  THE  ENTIRE  FEBRUARY FIRST, TWO THOUSAND TWELVE BILL, CALCULATED
PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE  (WITH-
OUT  REFERENCE  TO  THIS SECTION), LESS THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-F OF THIS TITLE; AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION.
  D. AMORTIZED PAYMENTS DETERMINED PURSUANT TO  SECTIONS  THREE  HUNDRED
SEVENTEEN-B, THREE HUNDRED SEVENTEEN-C, AND THREE HUNDRED SEVENTEEN-D OF
THIS  TITLE  AND  PURSUANT  TO  THIS SECTION SHALL BE DUE AND PAYABLE ON
FEBRUARY FIRST OF EACH YEAR DURING THE APPLICABLE  AMORTIZATION  PERIOD.
THE  COMPTROLLER  SHALL  HAVE THE AUTHORITY TO PERMIT THE PRE-PAYMENT OF
THE REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR  AMORTIZATION"  DETER-
MINED PURSUANT TO ALL SUCH SECTIONS SUBJECT TO THE FOLLOWING:
  (1)  ON  OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND ELEVEN IN ADDITION
TO THE THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR  THE  PAYMENT
OF  THE  AMORTIZED  ANNUAL  INSTALLMENT  DETERMINED PURSUANT TO SECTIONS
THREE HUNDRED SEVENTEEN-B, THREE HUNDRED SEVENTEEN-C, AND THREE  HUNDRED
SEVENTEEN-D  OF THIS TITLE AND PURSUANT TO THIS SECTION, THE COMPTROLLER
SHALL ADVISE THE PARTICIPATING EMPLOYER OF THE TOTAL AMOUNT DUE  AND  BE
AUTHORIZED  TO  ACCEPT  PRE-PAYMENT  IN  FULL OF SAID AMOUNT BY FEBRUARY
FIRST, TWO THOUSAND TWELVE.
  (2) ON OR BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER,  IN  ADDITION  TO
THE  AMOUNT  DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF THE
ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE  PARTIC-

S. 6606--A                         204                        A. 9706--A

IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO  ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
  S  21.  The  retirement and social security law is amended by adding a
new section 317-f to read as follows:
  S 317-F. AMORTIZATION OF A PORTION  OF  THE  BILLS  FOR  PARTICIPATING
EMPLOYERS  FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE FISCAL YEAR.
A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT AMOR-
TIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN, ON OR
ABOUT OCTOBER FIFTEENTH, TWO THOUSAND TEN, ON THE BASIS  OF  THE  ANNUAL
ACTUARIAL  VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER SHALL
DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM  LIFE  INSUR-
ANCE,  DEFICIENCY  PAYMENTS, ADJUSTMENTS RELATING TO PRIOR FISCAL YEARS'
OBLIGATIONS AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES  OR  ANY
OTHER  OBLIGATIONS  THAT A PARTICIPATING EMPLOYER IS PERMITTED TO PAY ON
AN AMORTIZED BASIS) OF  THE  ANNUAL  CONTRIBUTION  FOR  A  PARTICIPATING
EMPLOYER  PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTI-
CLE DUE FOR THE FISCAL YEAR  ENDING  MARCH  THIRTY-FIRST,  TWO  THOUSAND
TWELVE.  THE AMOUNT BY WHICH SUCH CONTRIBUTION EXCEEDS EIGHTEEN AND ONE-
HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY  BASE  FOR  THE  FISCAL
YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND TWELVE SHALL BE THE "AMOUNT
ELIGIBLE  FOR  AMORTIZATION".  AN  AMOUNT UP TO THE "AMOUNT ELIGIBLE FOR
AMORTIZATION" MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED RATE OF
INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE APPLIED  TO
THE  UNPAID  BALANCE  OF  THE  AMOUNTS  ELIGIBLE FOR AMORTIZATION OF ALL
EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON  TAXABLE  FIXED
RATE  SECURITIES  WITH  SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS, WITH
THE FIRST OF TEN EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST, TWO  THOUSAND
THIRTEEN.
  B.  A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE FEBRU-
ARY FIRST, TWO THOUSAND TWELVE BILL, PAY A  LESSER  AMOUNT  ON  FEBRUARY
FIRST,  TWO THOUSAND TWELVE WHICH SHALL BE DETERMINED BY THE COMPTROLLER
BY ADDING THE FOLLOWING TWO AMOUNTS TOGETHER:
  (1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND  TWELVE  BILL,  CALCULATED
PURSUANT  TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITH-
OUT REFERENCE TO THIS SECTION) LESS THE  "AMOUNT  ELIGIBLE  FOR  AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
  C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF  THIS  SECTION  SHALL PAY ON FEBRUARY FIRST, TWO THOUSAND THIRTEEN AN
AMOUNT DETERMINED BY THE  COMPTROLLER  BY  ADDING  THE  FOLLOWING  THREE
AMOUNTS TOGETHER:
  (1)  THE ENTIRE FEBRUARY FIRST, TWO THOUSAND THIRTEEN BILL, CALCULATED
PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE  (WITH-
OUT  REFERENCE  TO  THIS SECTION), LESS THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-G OF THIS TITLE; AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
  D. AMORTIZED PAYMENTS DETERMINED PURSUANT TO  SECTIONS  THREE  HUNDRED
SEVENTEEN-B,  THREE  HUNDRED SEVENTEEN-C, THREE HUNDRED SEVENTEEN-D, AND

S. 6606--A                         205                        A. 9706--A

THREE HUNDRED SEVENTEEN-E OF THIS TITLE, AND PURSUANT  TO  THIS  SECTION
SHALL  BE  DUE  AND  PAYABLE  ON  FEBRUARY FIRST OF EACH YEAR DURING THE
APPLICABLE AMORTIZATION PERIOD.  THE COMPTROLLER SHALL HAVE THE AUTHORI-
TY  TO  PERMIT  THE  PRE-PAYMENT OF THE REMAINING BALANCE OF THE "AMOUNT
ELIGIBLE FOR AMORTIZATION" DETERMINED  PURSUANT  TO  ALL  SUCH  SECTIONS
SUBJECT TO THE FOLLOWING:
  (1)  ON  OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND TWELVE IN ADDITION
TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR  THE  PAYMENT  OF
AMORTIZED  ANNUAL  INSTALLMENT  DETERMINED  PURSUANT  TO  SECTIONS THREE
HUNDRED SEVENTEEN-B, THREE HUNDRED  SEVENTEEN-C,  THREE  HUNDRED  SEVEN-
TEEN-D, AND THREE HUNDRED SEVENTEEN-E OF THIS TITLE AND PURSUANT TO THIS
SECTION,  THE COMPTROLLER SHALL ADVISE THE PARTICIPATING EMPLOYER OF THE
TOTAL AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID
AMOUNT BY FEBRUARY FIRST, TWO THOUSAND THIRTEEN.
  (2) ON OR BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER,  IN  ADDITION  TO
THE  AMOUNT  DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF THE
ANNUAL AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE  PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO  ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
  S 22.  The retirement and social security law is amended by  adding  a
new section 317-g to read as follows:
  S  317-G.  AMORTIZATION  OF  A  PORTION OF THE BILLS FOR PARTICIPATING
EMPLOYERS FOR THE TWO  THOUSAND  TWELVE--TWO  THOUSAND  THIRTEEN  FISCAL
YEAR. A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT
AMORTIZATION  OF  EMPLOYER CONTRIBUTIONS PURSUANT TO THIS SECTION, THEN,
ON OR ABOUT OCTOBER FIFTEENTH, TWO THOUSAND ELEVEN, ON THE BASIS OF  THE
ANNUAL ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER
SHALL  DETERMINE  THE  AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM LIFE
INSURANCE, DEFICIENCY PAYMENTS, ADJUSTMENTS  RELATING  TO  PRIOR  FISCAL
YEARS'  OBLIGATIONS  AND OBLIGATIONS PERTAINING TO RETIREMENT INCENTIVES
OR ANY OTHER OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS  PERMITTED  TO
PAY  ON AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A PARTICIPAT-
ING EMPLOYER PURSUANT TO SECTION THREE HUNDRED  TWENTY-THREE-A  OF  THIS
ARTICLE  DUE FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND
THIRTEEN. THE AMOUNT BY WHICH SUCH  CONTRIBUTION  EXCEEDS  NINETEEN  AND
ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR  ENDING  MARCH  THIRTY-FIRST,  TWO  THOUSAND  THIRTEEN SHALL BE THE
"AMOUNT ELIGIBLE FOR AMORTIZATION". AN AMOUNT UP TO THE "AMOUNT ELIGIBLE
FOR AMORTIZATION" MAY BE AMORTIZED OVER A TEN-YEAR  PERIOD  AT  A  FIXED
RATE  OF  INTEREST  PER  ANNUM TO BE DETERMINED BY THE COMPTROLLER TO BE
APPLIED TO THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE  FOR  AMORTIZATION
OF  ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON TAXABLE
FIXED RATE SECURITIES WITH SIMILAR TERMS ISSUED BY  COMPARABLE  ISSUERS,
WITH  THE  FIRST  OF  TEN  EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST, TWO
THOUSAND FOURTEEN.
  B. A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE  FEBRU-
ARY  FIRST,  TWO THOUSAND THIRTEEN BILL, PAY A LESSER AMOUNT ON FEBRUARY
FIRST, TWO THOUSAND THIRTEEN WHICH SHALL  BE  DETERMINED  BY  THE  COMP-
TROLLER BY ADDING THE FOLLOWING THREE AMOUNTS TOGETHER:
  (1)  THE ENTIRE FEBRUARY FIRST, TWO THOUSAND THIRTEEN BILL, CALCULATED
PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE  (WITH-
OUT  REFERENCE  TO  THIS  SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND

S. 6606--A                         206                        A. 9706--A

  (2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-F OF THIS TITLE, IF APPLICABLE; AND
  (3)  THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
  C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF  THIS  SECTION  SHALL PAY ON FEBRUARY FIRST, TWO THOUSAND FOURTEEN AN
AMOUNT DETERMINED BY  THE  COMPTROLLER  BY  ADDING  THE  FOLLOWING  FOUR
AMOUNTS TOGETHER:
  (1)  THE ENTIRE FEBRUARY FIRST, TWO THOUSAND FOURTEEN BILL, CALCULATED
PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE  (WITH-
OUT  REFERENCE  TO  THIS  SECTION) LESS THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION SEVENTEEN-H  OF  THIS  TITLE,  IF
APPLICABLE; AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-F OF THIS TITLE, IF APPLICABLE; AND
  (4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
  D. AMORTIZED PAYMENTS DETERMINED PURSUANT TO  SECTIONS  THREE  HUNDRED
SEVENTEEN-B, THREE HUNDRED SEVENTEEN-C, THREE HUNDRED SEVENTEEN-D, THREE
HUNDRED  SEVENTEEN-E,  AND  THREE  HUNDRED SEVENTEEN-F OF THIS TITLE AND
PURSUANT TO THIS SECTION SHALL BE DUE AND PAYABLE ON FEBRUARY  FIRST  OF
EACH  YEAR  DURING  THE  APPLICABLE AMORTIZATION PERIOD. THE COMPTROLLER
SHALL HAVE THE AUTHORITY TO PERMIT  THE  PRE-PAYMENT  OF  THE  REMAINING
BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTIZATION" DETERMINED PURSUANT TO
ALL SUCH SECTIONS SUBJECT TO THE FOLLOWING:
  (1) ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND THIRTEEN IN ADDITION
TO  THE  AMOUNT  DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT OF
THE AMORTIZED ANNUAL INSTALLMENT DETERMINED PURSUANT TO  SECTIONS  THREE
HUNDRED  SEVENTEEN-B,  THREE  HUNDRED  SEVENTEEN-C, THREE HUNDRED SEVEN-
TEEN-D, THREE HUNDRED SEVENTEEN-E, AND THREE HUNDRED SEVENTEEN-F OF THIS
TITLE AND PURSUANT TO THIS SECTION, THE  COMPTROLLER  SHALL  ADVISE  THE
PARTICIPATING  EMPLOYER  OF  THE  TOTAL  AMOUNT DUE AND BE AUTHORIZED TO
ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT BY FEBRUARY FIRST,  TWO  THOU-
SAND FOURTEEN.
  (2)  ON  OR  BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT  OF  THE
ANNUAL  AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY  FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
  S  23.  The  retirement and social security law is amended by adding a
new section 317-h to read as follows:
  S 317-H. AMORTIZATION OF A PORTION  OF  THE  BILLS  FOR  PARTICIPATING
EMPLOYERS  FOR  THE  TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN FISCAL
YEAR. A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT
AMORTIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS  SECTION,  THEN,
ON  OR ABOUT OCTOBER FIFTEENTH, TWO THOUSAND TWELVE, ON THE BASIS OF THE
ANNUAL ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER, THE COMPTROLLER
SHALL DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR  GROUP  TERM  LIFE
INSURANCE,  DEFICIENCY  PAYMENTS,  ADJUSTMENTS  RELATING TO PRIOR FISCAL

S. 6606--A                         207                        A. 9706--A

YEARS' OBLIGATIONS AND OBLIGATIONS PERTAINING TO  RETIREMENT  INCENTIVES
OR  ANY  OTHER OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS PERMITTED TO
PAY ON AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A  PARTICIPAT-
ING  EMPLOYER  PURSUANT  TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS
ARTICLE DUE FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO  THOUSAND
FOURTEEN.    THE  AMOUNT  BY  WHICH SUCH CONTRIBUTION EXCEEDS TWENTY AND
ONE-HALF PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR THE FISCAL
YEAR ENDING MARCH THIRTY-FIRST,  TWO  THOUSAND  FOURTEEN  SHALL  BE  THE
"AMOUNT ELIGIBLE FOR AMORTIZATION". AN AMOUNT UP TO THE "AMOUNT ELIGIBLE
FOR  AMORTIZATION"  MAY  BE  AMORTIZED OVER A TEN-YEAR PERIOD AT A FIXED
RATE OF INTEREST PER ANNUM TO BE DETERMINED BY  THE  COMPTROLLER  TO  BE
APPLIED  TO  THE UNPAID BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTIZATION
OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF RETURN ON  TAXABLE
FIXED  RATE  SECURITIES WITH SIMILAR TERMS ISSUED BY COMPARABLE ISSUERS,
WITH THE FIRST OF TEN EQUAL PAYMENTS  PAYABLE  ON  FEBRUARY  FIRST,  TWO
THOUSAND FIFTEEN.
  B.  A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE FEBRU-
ARY FIRST, TWO THOUSAND FOURTEEN BILL, PAY A LESSER AMOUNT  ON  FEBRUARY
FIRST,  TWO  THOUSAND  FOURTEEN  WHICH  SHALL BE DETERMINED BY THE COMP-
TROLLER BY ADDING THE FOLLOWING FOUR AMOUNTS TOGETHER:
  (1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND FOURTEEN BILL,  CALCULATED
PURSUANT  TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITH-
OUT REFERENCE TO THIS SECTION) LESS THE  "AMOUNT  ELIGIBLE  FOR  AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-G OF THIS TITLE, IF APPLICABLE; AND
  (3)  THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-F OF THIS TITLE, IF APPLICABLE; AND
  (4)  THE  THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
  C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF  THIS  SECTION  SHALL  PAY ON FEBRUARY FIRST, TWO THOUSAND FIFTEEN AN
AMOUNT DETERMINED BY  THE  COMPTROLLER  BY  ADDING  THE  FOLLOWING  FIVE
AMOUNTS TOGETHER:
  (1)  THE  ENTIRE FEBRUARY FIRST, TWO THOUSAND FIFTEEN BILL, CALCULATED
PURSUANT TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE  (WITH-
OUT  REFERENCE  TO  THIS  SECTION, LESS THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SEVENTEEN-I OF THIS
TITLE, IF APPLICABLE; AND
  (2) THE FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (3)  THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-G OF THIS TITLE, IF APPLICABLE; AND
  (4)  THE  THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-F OF THIS TITLE, IF APPLICABLE; AND
  (5)  THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
  D.  AMORTIZED  PAYMENTS  DETERMINED PURSUANT TO SECTIONS THREE HUNDRED
SEVENTEEN-B, THREE HUNDRED SEVENTEEN-C, THREE HUNDRED SEVENTEEN-D, THREE
HUNDRED SEVENTEEN-E, THREE HUNDRED SEVENTEEN-F AND THREE HUNDRED  SEVEN-

S. 6606--A                         208                        A. 9706--A

TEEN-G OF THIS TITLE AND PURSUANT TO THIS SECTION SHALL BE DUE AND PAYA-
BLE  ON  FEBRUARY  FIRST OF EACH YEAR DURING THE APPLICABLE AMORTIZATION
PERIOD. THE COMPTROLLER SHALL HAVE THE AUTHORITY TO PERMIT THE  PRE-PAY-
MENT  OF THE REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR AMORTIZATION"
DETERMINED PURSUANT TO ALL SUCH SECTIONS SUBJECT TO THE FOLLOWING:
  (1) ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND FOURTEEN IN ADDITION
TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR  THE  PAYMENT  OF
THE  AMORTIZED  ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS THREE
HUNDRED SEVENTEEN-B, THREE HUNDRED  SEVENTEEN-C,  THREE  HUNDRED  SEVEN-
TEEN-D,  THREE  HUNDRED SEVENTEEN-E, THREE HUNDRED SEVENTEEN-F AND THREE
HUNDRED SEVENTEEN-G OF THIS TITLE AND  PURSUANT  TO  THIS  SECTION,  THE
COMPTROLLER  SHALL ADVISE THE PARTICIPATING EMPLOYER OF THE TOTAL AMOUNT
DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT IN FULL OF  SAID  AMOUNT  BY
FEBRUARY FIRST, TWO THOUSAND FIFTEEN.
  (2)  ON  OR  BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT  OF  THE
ANNUAL  AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY  FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
  S  24.  The  retirement and social security law is amended by adding a
new section 317-i to read as follows:
  S 317-I. AMORTIZATION OF A PORTION  OF  THE  BILLS  FOR  PARTICIPATING
EMPLOYERS  FOR  THE  TWO  THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN FISCAL
YEAR. A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT
AMORTIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS  SECTION,  THEN,
ON  OR  ABOUT  OCTOBER FIFTEENTH, TWO THOUSAND THIRTEEN, ON THE BASIS OF
THE ANNUAL ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER,  THE  COMP-
TROLLER SHALL DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM
LIFE  INSURANCE,  DEFICIENCY  PAYMENTS,  ADJUSTMENTS  RELATING  TO PRIOR
FISCAL YEARS'  OBLIGATIONS  AND  OBLIGATIONS  PERTAINING  TO  RETIREMENT
INCENTIVES  OR  ANY  OTHER  OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS
PERMITTED TO PAY ON AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A
PARTICIPATING EMPLOYER PURSUANT TO SECTION THREE HUNDRED  TWENTY-THREE-A
OF  THIS  ARTICLE DUE FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO
THOUSAND FIFTEEN. THE AMOUNT BY WHICH SUCH CONTRIBUTION EXCEEDS  TWENTY-
ONE  AND  ONE-HALF  PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN SHALL BE
THE "AMOUNT ELIGIBLE FOR AMORTIZATION". AN  AMOUNT  UP  TO  THE  "AMOUNT
ELIGIBLE  FOR AMORTIZATION" MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A
FIXED RATE OF INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER  TO
BE  APPLIED  TO  THE  UNPAID BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTI-
ZATION OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF  RETURN  ON
TAXABLE  FIXED  RATE  SECURITIES WITH SIMILAR TERMS ISSUED BY COMPARABLE
ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST,
TWO THOUSAND SIXTEEN.
  B. A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE  FEBRU-
ARY  FIRST,  TWO  THOUSAND FIFTEEN BILL, PAY A LESSER AMOUNT ON FEBRUARY
FIRST, TWO THOUSAND FIFTEEN WHICH SHALL BE DETERMINED BY THE COMPTROLLER
BY ADDING THE FOLLOWING FIVE AMOUNTS TOGETHER:
  (1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND FIFTEEN  BILL,  CALCULATED
PURSUANT  TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITH-
OUT REFERENCE TO THIS SECTION) LESS THE  "AMOUNT  ELIGIBLE  FOR  AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND

S. 6606--A                         209                        A. 9706--A

  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-H OF THIS TITLE, IF APPLICABLE; AND
  (3)  THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-G OF THIS TITLE, IF APPLICABLE; AND
  (4)  THE  THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-F OF THIS TITLE, IF APPLICABLE; AND
  (5)  THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
  C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF  THIS  SECTION  SHALL  PAY ON FEBRUARY FIRST, TWO THOUSAND SIXTEEN AN
AMOUNT DETERMINED BY THE COMPTROLLER BY ADDING THE FOLLOWING SIX AMOUNTS
TOGETHER:
  (1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND SIXTEEN  BILL,  CALCULATED
PURSUANT  TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITH-
OUT REFERENCE TO THIS SECTION) LESS THE  "AMOUNT  ELIGIBLE  FOR  AMORTI-
ZATION" DETERMINED PURSUANT TO SECTION THREE HUNDRED SEVENTEEN-J OF THIS
TITLE, IF APPLICABLE; AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-H OF THIS TITLE, IF APPLICABLE; AND
  (4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-G OF THIS TITLE, IF APPLICABLE; AND
  (5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-F OF THIS TITLE, IF APPLICABLE; AND
  (6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
  D. AMORTIZED PAYMENTS DETERMINED PURSUANT TO  SECTIONS  THREE  HUNDRED
SEVENTEEN-B, THREE HUNDRED SEVENTEEN-C, THREE HUNDRED SEVENTEEN-D, THREE
HUNDRED  SEVENTEEN-E,  THREE  HUNDRED  SEVENTEEN-F, THREE HUNDRED SEVEN-
TEEN-G AND THREE HUNDRED SEVENTEEN-H OF THIS TITLE AND PURSUANT TO  THIS
SECTION  SHALL  BE DUE AND PAYABLE ON FEBRUARY FIRST OF EACH YEAR DURING
THE APPLICABLE AMORTIZATION  PERIOD.  THE  COMPTROLLER  SHALL  HAVE  THE
AUTHORITY  TO  PERMIT  THE  PRE-PAYMENT  OF THE REMAINING BALANCE OF THE
"AMOUNT ELIGIBLE FOR  AMORTIZATION"  DETERMINED  PURSUANT  TO  ALL  SUCH
SECTIONS SUBJECT TO THE FOLLOWING:
  (1)  ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND FIFTEEN IN ADDITION
TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR  THE  PAYMENT  OF
THE  AMORTIZED  ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS THREE
HUNDRED SEVENTEEN-B, THREE HUNDRED  SEVENTEEN-C,  THREE  HUNDRED  SEVEN-
TEEN-D,  THREE  HUNDRED  SEVENTEEN-E,  THREE  HUNDRED SEVENTEEN-F, THREE
HUNDRED SEVENTEEN-G AND THREE HUNDRED  SEVENTEEN-H  OF  THIS  TITLE  AND
PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL ADVISE THE PARTICIPATING
EMPLOYER OF THE TOTAL AMOUNT DUE AND BE AUTHORIZED TO ACCEPT PRE-PAYMENT
IN FULL OF SAID AMOUNT BY FEBRUARY FIRST, TWO THOUSAND SIXTEEN.
  (2)  ON  OR  BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT  OF  THE
ANNUAL  AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-

S. 6606--A                         210                        A. 9706--A

IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY  FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
  S  25.   The retirement and social security law is amended by adding a
new section 317-j to read as follows:
  S 317-J. AMORTIZATION OF A PORTION  OF  THE  BILLS  FOR  PARTICIPATING
EMPLOYERS  FOR  THE  TWO  THOUSAND  FIFTEEN--TWO THOUSAND SIXTEEN FISCAL
YEAR. A. IF THE COMPTROLLER, IN HIS OR HER DISCRETION, DECIDES TO PERMIT
AMORTIZATION OF EMPLOYER CONTRIBUTIONS PURSUANT TO THIS  SECTION,  THEN,
ON  OR  ABOUT  OCTOBER FIFTEENTH, TWO THOUSAND FOURTEEN, ON THE BASIS OF
THE ANNUAL ACTUARIAL VALUATION PROVIDED FOR IN THIS CHAPTER,  THE  COMP-
TROLLER SHALL DETERMINE THE AMOUNT (EXCLUSIVE OF PAYMENTS FOR GROUP TERM
LIFE  INSURANCE,  DEFICIENCY  PAYMENTS,  ADJUSTMENTS  RELATING  TO PRIOR
FISCAL YEARS'  OBLIGATIONS  AND  OBLIGATIONS  PERTAINING  TO  RETIREMENT
INCENTIVES  OR  ANY  OTHER  OBLIGATIONS THAT A PARTICIPATING EMPLOYER IS
PERMITTED TO PAY ON AN AMORTIZED BASIS) OF THE ANNUAL CONTRIBUTION FOR A
PARTICIPATING EMPLOYER PURSUANT TO SECTION THREE HUNDRED  TWENTY-THREE-A
OF  THIS  ARTICLE DUE FOR THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO
THOUSAND SIXTEEN. THE AMOUNT BY WHICH SUCH CONTRIBUTION EXCEEDS  TWENTY-
TWO  AND  ONE-HALF  PERCENT OF THE ESTIMATED PENSIONABLE SALARY BASE FOR
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN SHALL BE
THE "AMOUNT ELIGIBLE FOR AMORTIZATION". AN  AMOUNT  UP  TO  THE  "AMOUNT
ELIGIBLE  FOR AMORTIZATION" MAY BE AMORTIZED OVER A TEN-YEAR PERIOD AT A
FIXED RATE OF INTEREST PER ANNUM TO BE DETERMINED BY THE COMPTROLLER  TO
BE  APPLIED  TO  THE  UNPAID BALANCE OF THE AMOUNTS ELIGIBLE FOR AMORTI-
ZATION OF ALL EMPLOYERS, WHICH APPROXIMATES A MARKET RATE OF  RETURN  ON
TAXABLE  FIXED  RATE  SECURITIES WITH SIMILAR TERMS ISSUED BY COMPARABLE
ISSUERS, WITH THE FIRST OF TEN EQUAL PAYMENTS PAYABLE ON FEBRUARY FIRST,
TWO THOUSAND SEVENTEEN.
  B. A PARTICIPATING EMPLOYER, MAY, IN LIEU OF PAYING ITS ENTIRE  FEBRU-
ARY  FIRST,  TWO  THOUSAND SIXTEEN BILL, PAY A LESSER AMOUNT ON FEBRUARY
FIRST, TWO THOUSAND SIXTEEN WHICH SHALL BE DETERMINED BY THE COMPTROLLER
BY ADDING THE FOLLOWING SIX AMOUNTS TOGETHER:
  (1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND SIXTEEN  BILL,  CALCULATED
PURSUANT  TO SECTION THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITH-
OUT REFERENCE TO THIS SECTION) LESS THE  "AMOUNT  ELIGIBLE  FOR  AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION); AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-I OF THIS TITLE, IF APPLICABLE; AND
  (3)  THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-H OF THIS TITLE, IF APPLICABLE; AND
  (4)  THE  THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-G OF THIS TITLE, IF APPLICABLE; AND
  (5)  THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-F OF THIS TITLE, IF APPLICABLE; AND
  (6)  THE  FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF  SECTION  THREE  HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
  C. A PARTICIPATING EMPLOYER MAKING A PAYMENT PURSUANT TO SUBDIVISION B
OF  THIS  SECTION SHALL PAY ON FEBRUARY FIRST, TWO THOUSAND SEVENTEEN AN
AMOUNT DETERMINED BY THE  COMPTROLLER  BY  ADDING  THE  FOLLOWING  SEVEN
AMOUNTS TOGETHER:

S. 6606--A                         211                        A. 9706--A

  (1) THE ENTIRE FEBRUARY FIRST, TWO THOUSAND SEVENTEEN BILL, CALCULATED
PURSUANT TO SECTIONS THREE HUNDRED TWENTY-THREE-A OF THIS ARTICLE (WITH-
OUT REFERENCE TO THIS SECTION); AND
  (2)  THE  FIRST ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR AMORTI-
ZATION" DETERMINED PURSUANT TO SUBDIVISION A OF THIS SECTION; AND
  (3) THE SECOND ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-I OF THIS TITLE, IF APPLICABLE; AND
  (4) THE THIRD ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-H OF THIS TITLE, IF APPLICABLE; AND
  (5) THE FOURTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-G OF THIS TITLE, IF APPLICABLE; AND
  (6) THE FIFTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-F OF THIS TITLE, IF APPLICABLE; AND
  (7) THE SIXTH ANNUAL INSTALLMENT OF THE "AMOUNT ELIGIBLE  FOR  AMORTI-
ZATION"  DETERMINED  PURSUANT  TO SUBDIVISION A OF SECTION THREE HUNDRED
SEVENTEEN-E OF THIS TITLE, IF APPLICABLE.
   D. AMORTIZED PAYMENTS DETERMINED PURSUANT TO SECTIONS  THREE  HUNDRED
SEVENTEEN-B, THREE HUNDRED SEVENTEEN-C, THREE HUNDRED SEVENTEEN-D, THREE
HUNDRED  SEVENTEEN-E,  THREE  HUNDRED  SEVENTEEN-F, THREE HUNDRED SEVEN-
TEEN-G, THREE HUNDRED SEVENTEEN-H AND THREE HUNDRED SEVENTEEN-I OF  THIS
TITLE  AND PURSUANT TO THIS SECTION SHALL BE DUE AND PAYABLE ON FEBRUARY
FIRST OF EACH YEAR DURING THE APPLICABLE AMORTIZATION PERIOD. THE  COMP-
TROLLER  SHALL  HAVE  THE  AUTHORITY  TO  PERMIT  THE PRE-PAYMENT OF THE
REMAINING BALANCE OF THE "AMOUNT ELIGIBLE FOR  AMORTIZATION"  DETERMINED
PURSUANT TO ALL SUCH SECTIONS SUBJECT TO THE FOLLOWING:
  (1)  ON OR BEFORE NOVEMBER FIFTEENTH, TWO THOUSAND SIXTEEN IN ADDITION
TO THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR  THE  PAYMENT  OF
THE  AMORTIZED  ANNUAL INSTALLMENT DETERMINED PURSUANT TO SECTIONS THREE
HUNDRED SEVENTEEN-B, THREE HUNDRED  SEVENTEEN-C,  THREE  HUNDRED  SEVEN-
TEEN-D,  THREE  HUNDRED  SEVENTEEN-E,  THREE  HUNDRED SEVENTEEN-F, THREE
HUNDRED SEVENTEEN-G, THREE HUNDRED SEVENTEEN-H AND THREE HUNDRED  SEVEN-
TEEN-I OF THIS TITLE AND PURSUANT TO THIS SECTION, THE COMPTROLLER SHALL
ADVISE THE PARTICIPATING EMPLOYER OF THE TOTAL AMOUNT DUE AND BE AUTHOR-
IZED TO ACCEPT PRE-PAYMENT IN FULL OF SAID AMOUNT BY FEBRUARY FIRST, TWO
THOUSAND SEVENTEEN.
  (2)  ON  OR  BEFORE EACH NOVEMBER FIFTEENTH THEREAFTER, IN ADDITION TO
THE AMOUNT DUE FOR THE CURRENT YEAR BILLING AND FOR THE PAYMENT  OF  THE
ANNUAL  AMORTIZED INSTALLMENTS, THE COMPTROLLER SHALL ADVISE THE PARTIC-
IPATING EMPLOYER OF THE TOTAL AMOUNT STILL OUTSTANDING AND BE AUTHORIZED
TO ACCEPT THE PRE-PAYMENT OF ANY BALANCE REMAINING TO BE PAID BY  FEBRU-
ARY FIRST OF THE SUCCEEDING YEAR.
  S  26. Paragraph 2 of subdivision b of section 323-a of the retirement
and social security law, as added by section 2 of part A of  chapter  49
of the laws of 2003, is amended to read as follows:
  2.  requiring  a  minimum annual contribution from the state and every
participating employer (exclusive of payments for group term life insur-
ance, deficiency payments, adjustments relating to prior  fiscal  years'
obligations  and  obligations pertaining to retirement incentives or any
other obligations that the state or participating employer is  permitted
to  pay on an amortized basis) equal to [four] FIVE and one-half percent
of pensionable salaries. Effective immediately  upon  implementation  by
the comptroller of the comprehensive structural reform program set forth

S. 6606--A                         212                        A. 9706--A

in  this  section,  and in all subsequent years, participating employers
shall pay either the required annual contribution determined  under  the
revised  schedule  pertaining  to  the valuation, billing and payment of
contributions  pursuant  to  paragraph  one  of this subdivision, or the
required minimum annual contribution of [four] FIVE and one-half percent
of pensionable salaries, whichever is greater; and
  S 27. Severability clause. If any clause, sentence, paragraph,  subdi-
vision,  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 28. This act shall take effect immediately.
  FISCAL NOTE.--This bill would amend the Retirement and Social Security
Law as it pertains to employer bills of the New  York  State  and  Local
Employees  Retirement  System  (ERS)  and  the  New York State and Local
Police and Fire Retirement System (PFRS).
  This bill puts in place a 6 year program  that  allows  ERS  and  PFRS
employers, if they choose to participate, to amortize a portion of their
bill with their respective Retirement System when employer contributions
rates  rise  above  certain  levels.  In  ERS  these levels are 9.5% for
2010/11 bills, 10.5% for 2011/12 bills, 11.5% for 2012/13  bills,  12.5%
for 2013/14 bills, 13.5% for 2014/15 bills, and 14.5% for 2015/16 bills.
In  PFRS  these  levels  are  17.5% for 2010/11 bills, 18.5% for 2011/12
bills, 19.5% for 2012/13 bills,  20.5%  for  2013/14  bills,  21.5%  for
2014/15  bills, and 22.5% for 2015/16 bills.  The amortization is over a
period of 10 years at a rate of interest determined by  the  Comptroller
(which  approximates a market rate of return on taxable fixed rate secu-
rities with similar terms issued by comparable issuers), with the  first
of  the ten equal annual payments payable one year following the respec-
tive billing date.
  Further, this bill increases the current minimum contribution  to  the
System  from  4.5%  of  payroll to 5.5% of payroll for all future years.
Over the long term, this provision will act to reduce  the  contribution
rate volatility and enhance the long term fiscal health of the System.
  If  this  bill  is  enacted,  we  estimate that there would be a small
administrative cost to the System to revise the  current  billing  proc-
esses.
  This  estimate,  dated  December  17,  2009, and intended for use only
during the  2010  Legislative  Session,  is  Fiscal  Note  No.  2010-45,
prepared  by  the  Actuary  for  the New York State and Local Employees'
Retirement System and the New York  State  and  Local  Police  and  Fire
Retirement System.

                                 PART W

  Section  1.  (a)  The purpose of this act is to provide for an orderly
transfer of responsibilities relating  to  real  property  tax  adminis-
tration  to  the commissioner of taxation and finance and the department
of taxation and finance, from the state board of real property  services
and the state office of real property services.
  (b) Wherever the terms "state board of real property services," "state
board"  or  "state  office of real property services" appear in the real

S. 6606--A                         213                        A. 9706--A

property tax law, such  terms  are  hereby  changed  to  "commissioner",
provided that in sections 614, 816, 818, 1253 and 1263 of the real prop-
erty tax law, such terms shall be changed to "tax appeals tribunal," and
provided further that the text of sections 202, 216, 324, 489-o, 489-11,
1210  and  1218  of  the  real property tax law shall be changed only as
provided by the ensuing provisions of this act.
  (c) Wherever the terms "state board of real property services," "state
board" or "state office of real property services"  appear  in  the  tax
law,  such  terms are hereby changed to "commissioner", provided further
that the text of subdivision (e) of section 15, paragraph 5 of  subdivi-
sion  (b)  of  section  22, subdivision 25th of section 171 and sections
171-o, 697, and 1564 of the tax law shall only be changed to the  extent
provided by the ensuing provisions of this act.
  (d)  Wherever  the  term  "state  board  of real property services" or
"state office of real property services" appears in the consolidated  or
unconsolidated  laws  of this state other than the real property tax law
or the tax law, such term is hereby changed to "commissioner of taxation
and finance".  Wherever the term "state board of real property services"
is followed by the term "state board" in such a statute,  such  term  is
hereby changed to "commissioner".
  (e)  The  legislative  bill  drafting commission is hereby directed to
effectuate this provision, and  shall  be  guided  by  a  memorandum  of
instruction  setting forth the specific provisions of law to be amended.
Such memorandum shall be transmitted to the  legislative  bill  drafting
commission  within sixty days of enactment of this provision. Such memo-
randum shall be issued jointly by the governor, the temporary  president
of  the  senate,  and the speaker of the assembly, or by the delegate of
each.
  S 2. Paragraph (c) of subdivision 1 of section 169  of  the  executive
law,  as  amended by chapter 634 of the laws of 1998, is amended to read
as follows:
  (c) commissioner of agriculture and markets, commissioner of  alcohol-
ism  and  substance  abuse  services, adjutant general, commissioner and
president of state civil service commission,  commissioner  of  economic
development,  chair  of  the  energy research and development authority,
[executive director of the board of real property  services,]  president
of  higher  education  services corporation, commissioner of motor vehi-
cles, member-chair of board of parole, director of probation and correc-
tional alternatives, chair of public employment relations board,  secre-
tary   of   state,  chair  of  the  state  racing  and  wagering  board,
commissioner of  alcoholism  and  substance  abuse  services,  executive
director  of  the  housing  finance  agency, commissioner of housing and
community renewal, executive director of state insurance  fund,  commis-
sioner-chair  of  state  liquor authority, chair of the workers' compen-
sation board;
  S 3. Section 102 of the real property tax law  is  amended  by  adding
three new subdivisions 5-a, 9-b and 20-a to read as follows:
  5-A. "COMMISSIONER" MEANS THE COMMISSIONER OF TAXATION AND FINANCE.
  9-B. "DEPARTMENT" MEANS THE DEPARTMENT OF TAXATION AND FINANCE.
  20-A. "TAX APPEALS TRIBUNAL" MEANS THE BODY ESTABLISHED BY SECTION TWO
THOUSAND FOUR OF THE TAX LAW.
  S  4.  Sections  200, 201, 204, 206, 208, 210, 212 and 214 of the real
property tax law are REPEALED.
  S 5. The real property tax law is amended by adding a new section  200
to read as follows:

S. 6606--A                         214                        A. 9706--A

  S  200.  ASSUMPTION  OF RESPONSIBILITIES BY THE DEPARTMENT OF TAXATION
AND FINANCE. 1. ON AND AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,  THE
FUNCTIONS,  POWERS  AND  DUTIES  OF  THE  STATE  BOARD  OF REAL PROPERTY
SERVICES AS FORMERLY ESTABLISHED BY THIS  CHAPTER  SHALL  BE  CONSIDERED
FUNCTIONS,  POWERS  AND  DUTIES  OF  THE  COMMISSIONER  OF  TAXATION AND
FINANCE, EXCEPT TO THE EXTENT PROVIDED BY SECTION  TWO  HUNDRED  SIX  OF
THIS ARTICLE.
  2.  ON  AND  AFTER  THE EFFECTIVE DATE OF THIS SECTION, THE FUNCTIONS,
POWERS AND DUTIES OF THE OFFICE OF REAL PROPERTY  SERVICES  AS  FORMERLY
ESTABLISHED  BY  THIS  CHAPTER SHALL BE CONSIDERED FUNCTIONS, POWERS AND
DUTIES OF THE COMMISSIONER OF TAXATION AND FINANCE.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION  TO
THE  CONTRARY,  UPON  THE  TRANSFER OF FUNCTIONS FROM THE OFFICE OF REAL
PROPERTY SERVICES TO THE DEPARTMENT OF TAXATION AND FINANCE PURSUANT  TO
THIS  SECTION,  ALL  EMPLOYEES  OF  THE OFFICE OF REAL PROPERTY SERVICES
SUBSTANTIALLY ENGAGED IN THE PERFORMANCE OF  THE  TRANSFERRED  FUNCTIONS
SHALL  BE TRANSFERRED TO THE DEPARTMENT OF TAXATION AND FINANCE. EMPLOY-
EES TRANSFERRED PURSUANT TO THIS SECTION SHALL  BE  TRANSFERRED  WITHOUT
FURTHER  EXAMINATION  OR QUALIFICATION AND SHALL RETAIN THEIR RESPECTIVE
CIVIL SERVICE CLASSIFICATIONS, STATUS  AND  COLLECTIVE  BARGAINING  UNIT
DESIGNATIONS AND COLLECTIVE BARGAINING AGREEMENTS.
  4.  ALL  BOOKS,  PAPERS,  AND  PROPERTY OF THE OFFICE OF REAL PROPERTY
SERVICES SHALL BE DELIVERED TO THE COMMISSIONER. ALL BOOKS, PAPERS,  AND
PROPERTY  OF  THE  OFFICE OF REAL PROPERTY SERVICES SHALL CONTINUE TO BE
MAINTAINED BY THE DEPARTMENT.
  5. FOR THE PURPOSE OF SUCCESSION OF ALL FUNCTIONS, POWERS, DUTIES  AND
OBLIGATIONS TRANSFERRED AND ASSIGNED TO, DEVOLVED UPON AND ASSUMED BY IT
PURSUANT  TO  THIS  SECTION,  THE DEPARTMENT SHALL BE DEEMED AND HELD TO
CONSTITUTE THE CONTINUATION OF THE OFFICE OF REAL PROPERTY SERVICES.
  6. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION, ANY  BUSI-
NESS  OR  OTHER  MATTER  UNDERTAKEN OR COMMENCED BY THE STATE BOARD, THE
OFFICE OF REAL PROPERTY  SERVICES  OR  THE  EXECUTIVE  DIRECTOR  THEREOF
PERTAINING  TO  OR CONNECTED WITH THE FUNCTIONS, POWERS, OBLIGATIONS AND
DUTIES HEREBY TRANSFERRED  AND  ASSIGNED  TO  THE  COMMISSIONER  OR  THE
DEPARTMENT  AND  PENDING  ON  THE EFFECTIVE DATE OF THIS SECTION, MAY BE
CONDUCTED AND COMPLETED BY THE COMMISSIONER OR  THE  DEPARTMENT  IN  THE
SAME  MANNER  AND  UNDER THE SAME TERMS AND CONDITIONS AND WITH THE SAME
EFFECT AS IF CONDUCTED AND COMPLETED BY THE STATE BOARD, THE  OFFICE  OF
REAL PROPERTY SERVICES OR ITS EXECUTIVE DIRECTOR.
  7.  NO LATER THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE COMMISSIONER SHALL PROVIDE THE PRESIDENT OF THE TAX APPEALS TRIBUNAL
WITH A LIST OF ALL TENTATIVE SPECIAL FRANCHISE VALUES, SPECIAL FRANCHISE
ASSESSMENTS, RAILROAD  CEILINGS,  STATE  EQUALIZATION  RATES  AND  OTHER
EQUALIZATION  PRODUCTS  ESTABLISHED PURSUANT TO THIS CHAPTER FOR WHICH A
COMPLAINT HAD BEEN FILED AND NOT BEEN RESOLVED BY THE  STATE  BOARD,  AS
WELL  AS  ANY OTHER TENTATIVE SPECIAL FRANCHISE VALUE, SPECIAL FRANCHISE
ASSESSMENT, RAILROAD CEILING,  STATE  EQUALIZATION  RATE  OR  ANY  OTHER
EQUALIZATION  PRODUCT  ESTABLISHED  PURSUANT TO THIS CHAPTER FOR WHICH A
TIMELY COMPLAINT COULD BE FILED AFTER SUCH DATE, AS WELL AS ANY  PENDING
COUNTY  EQUALIZATION REVIEWS. UPON RECEIPT OF SUCH LIST, THE TAX APPEALS
TRIBUNAL SHALL PERFORM THE REVIEW FUNCTIONS PREVIOUSLY PERFORMED BY  THE
STATE BOARD.
  8. (A) ALL RULES, REGULATIONS, ACTS, ORDERS, DETERMINATIONS, AND DECI-
SIONS  OF  THE  STATE  BOARD  OR  THE  OFFICE  OF REAL PROPERTY SERVICES
PERTAINING TO THE FUNCTIONS AND POWERS HEREIN TRANSFERRED  AND  ASSIGNED
TO  THE  COMMISSIONER  OR  THE  DEPARTMENT, IN FORCE AT THE TIME OF SUCH

S. 6606--A                         215                        A. 9706--A

TRANSFER AND ASSUMPTION, SHALL CONTINUE IN  FULL  FORCE  AND  EFFECT  AS
RULES,  REGULATIONS,  ACTS,  ORDERS, DETERMINATIONS AND DECISIONS OF THE
DEPARTMENT UNTIL DULY MODIFIED OR ABROGATED BY THE COMMISSIONER  OR  THE
DEPARTMENT.
  (B)  ALL  RULES,  REGULATIONS, ACTS, ORDERS, DETERMINATIONS, AND DECI-
SIONS OF THE STATE  BOARD  OR  THE  OFFICE  OF  REAL  PROPERTY  SERVICES
PERTAINING  TO  THE FUNCTIONS AND POWERS HEREIN TRANSFERRED AND ASSIGNED
TO THE TAX APPEALS TRIBUNAL, IN FORCE AT THE TIME OF SUCH  TRANSFER  AND
ASSUMPTION,  SHALL  CONTINUE  IN  FULL  FORCE AND EFFECT AS RULES, REGU-
LATIONS, ACTS, ORDERS, DETERMINATIONS AND DECISIONS OF THE  TAX  APPEALS
TRIBUNAL UNTIL DULY MODIFIED OR ABROGATED BY THE TAX APPEALS TRIBUNAL.
  9.  WHENEVER  THE STATE BOARD, THE OFFICE OF REAL PROPERTY SERVICES OR
ITS EXECUTIVE DIRECTOR IS REFERRED TO OR DESIGNATED IN ANY LAW, CONTRACT
OR DOCUMENT PERTAINING TO THE FUNCTIONS, POWERS, OBLIGATIONS AND  DUTIES
HEREBY  TRANSFERRED  TO  AND ASSIGNED TO THE COMMISSIONER OR THE DEPART-
MENT, SUCH REFERENCE OR DESIGNATION SHALL BE  DEEMED  TO  REFER  TO  THE
COMMISSIONER OR DEPARTMENT, AS APPLICABLE OR INDICATED BY THE CONTEXT.
  10.  NO  EXISTING  RIGHT  OR  REMEDY  OF  ANY CHARACTER SHALL BE LOST,
IMPAIRED OR AFFECTED BY ANY PROVISIONS OF THIS SECTION.
  11. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION, NO ACTION
OR PROCEEDING PENDING ON THE  EFFECTIVE DATE OF THIS SECTION, BROUGHT BY
OR AGAINST THE STATE BOARD, THE OFFICE OF REAL PROPERTY SERVICES OR  ITS
EXECUTIVE  DIRECTOR  SHALL BE AFFECTED BY ANY PROVISION OF THIS SECTION,
BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN THE NAME  OF  THE  COMMIS-
SIONER  OR  THE  DEPARTMENT.  IN  ALL  SUCH ACTIONS AND PROCEEDINGS, THE
COMMISSIONER, UPON APPLICATION OF THE COURT, SHALL BE SUBSTITUTED  AS  A
PARTY.
  12.  ALL APPROPRIATIONS OR REAPPROPRIATIONS MADE TO THE OFFICE OF REAL
PROPERTY SERVICES TO THE EXTENT OF REMAINING UNEXPENDED OR  UNENCUMBERED
BALANCE  THEREOF, WHETHER ALLOCATED OR UNALLOCATED AND WHETHER OBLIGATED
OR UNOBLIGATED, ARE HEREBY TRANSFERRED TO AND MADE AVAILABLE FOR USE AND
EXPENDITURE BY THE DEPARTMENT SUBJECT TO THE APPROVAL OF THE DIRECTOR OF
THE BUDGET FOR THE SAME PURPOSES FOR WHICH  ORIGINALLY  APPROPRIATED  OR
REAPPROPRIATED AND SHALL BE PAYABLE ON VOUCHERS CERTIFIED OR APPROVED BY
THE COMMISSIONER ON AUDIT AND WARRANT OF THE COMPTROLLER.
  13. ALL ASSETS AND LIABILITIES OF THE OFFICE OF REAL PROPERTY SERVICES
ARE HEREBY TRANSFERRED TO AND ASSUMED BY THE DEPARTMENT.
  S 6. Section 202 of the real property tax law, paragraph (c) of subdi-
vision 1 as amended by chapter 615 of the laws of 1972, paragraph (h) of
subdivision  1  as amended by chapter 261 of the laws of 1992, paragraph
(k) of subdivision 1 as amended, paragraph (m) of subdivision 1 as added
and paragraph (n) of subdivision 1 as relettered by chapter 833  of  the
laws  of 1960, paragraph (o) of subdivision 1 as added by chapter 716 of
the laws of 1990, paragraph (p) of subdivision 1 as added by chapter 166
of the laws of 1991, paragraph (q) of subdivision 1 as added by  chapter
450  of the laws of 2004, subdivision 1-a as added by chapter 739 of the
laws of 1978, subdivision 1-b as added by chapter 237  of  the  laws  of
1995,  subdivision  2  as  added by chapter 522 of the laws of 1981, the
opening paragraph of subdivision 2 as amended by chapter 385 of the laws
of 1994, and paragraph (a) of subdivision 2 as amended by chapter 776 of
the laws of 1988, is amended to read as follows:
  S 202. Powers and duties of [state board] THE COMMISSIONER IN RELATION
TO REAL PROPERTY TAX ADMINISTRATION.  1. The [board] COMMISSIONER shall:
  (a) Assess special franchises;
  (b) Establish state equalization rates for each county, city, town and
village;

S. 6606--A                         216                        A. 9706--A

  [(c) Hear and determine reviews relating  to  determinations  made  by
county equalization agencies;
  (d)] (C) Approve assessments of state lands subject to taxation;
  [(e)]  (D)  Have  general  supervision  of  the  function of assessing
throughout the state;
  [(f)] (E) Investigate, from time to time, the  methods  of  assessment
throughout  the  state, and confer with, advise and assist assessors and
other officials whose duties relate to assessments;
  [(g)] (F) Furnish assessors with such information and instructions  as
may  be  necessary  or  proper  to aid them in making assessments, which
instructions shall be followed and compliance with which may be enforced
by [the board] HIM OR HER;
  [(h)] (G) Prescribe, and in [its] HIS OR  HER  discretion  furnish  to
assessors  at  the  expense of the state, forms relating to assessments,
including applications for exemption from real property taxation,  which
forms  shall  be  used  by the assessors and applicants for an exemption
granted pursuant to this or any other chapter,  and  the  use  of  which
shall be enforced by the [board] COMMISSIONER;
  [(i)]  (H) Obtain from state and local officers, bodies or other agen-
cies such information as may be necessary for the  proper  discharge  of
[its]  THE duties CONFERRED UPON HIM OR HER IN RELATION TO REAL PROPERTY
TAX ADMINISTRATION, which information shall be furnished on HIS  OR  HER
demand [of the state board];
  [(j)]  (I) Inquire into the provisions of the laws of other states and
confer with the appropriate officials thereof regarding the most  effec-
tual and equitable methods of assessing and taxing real property;
  [(k)]  (J)  Prepare  an  annual  report to the legislature which shall
include therein recommendations concerning amendments  to  existing  law
and such other information as [it] HE OR SHE may deem advisable;
  [(l)] (K) Adopt and amend such rules, regulations, orders and determi-
nations, not inconsistent with law, as may be necessary for the exercise
of  [its]  HIS  OR  HER  powers  and the performance of [its] HIS OR HER
duties under this chapter;
  [(m)] (L) Establish railroad ceilings for railroad real property;
  [(n)] (M) Exercise and perform such other powers and duties as may  be
conferred or imposed on [it] HIM OR HER by law.
  [(o) monitor] (N) MONITOR the quality of local assessment practices by
individual assessing units.
  [(p)  impose,] (O) IMPOSE, collect and receive such charges or fees as
may be authorized by statute.
  [(q)] (P) Promulgate rules and regulations for the  ascertainment  and
reporting  of  "assessment record billing owner" information, as defined
in section one hundred three of the eminent domain  procedure  law,  for
the purposes of the administration of [said] SUCH law.
  [1-a]  2.   In any instance where an assessing unit has acted pursuant
to the rules, regulations, orders, determinations or instructions of the
[state board] COMMISSIONER ACTING PURSUANT TO  THE  AUTHORITY  CONFERRED
UPON  HIM  OR  HER  BY THIS CHAPTER, and such action is the subject of a
judicial review, the [state board] COMMISSIONER may upon request of  the
assessing  unit  assist  such  assessing  unit  by the filing of a brief
amicus curiae or through such other means as may be appropriate.
  [1-b] 3.  The [state board] COMMISSIONER may  adopt  rules  and  regu-
lations,  as  necessary,  to implement the computerized statewide school
district address match and  income  verification  system  set  forth  in
section one hundred seventy-one of the tax law.

S. 6606--A                         217                        A. 9706--A

  [2.  The  members  of the board, or a majority thereof, shall act as a
body when determining reviews relating to county equalization rates  and
adopting  and  amending rules, regulations and orders in accordance with
law. The board may by resolution delegate to any officer or employee  of
the office of real property services any other power or duty to be exer-
cised  or performed by it under this chapter or any other law subject to
the following:
  (a) Any resolution which delegates powers and duties relating  to  the
assessment  of  special franchises, the approval of assessments of state
lands subject to taxation, and the establishment of  state  equalization
rates  pursuant to article twelve of this chapter shall be adopted annu-
ally. Any such resolution shall specify the assessment rolls  for  which
said  delegation  is  made  and  shall set forth the full value standard
which shall be used. However, no such resolution may delegate the  power
to  make a final determination in a matter in which a complaint has been
filed pursuant to articles six and twelve  of  this  chapter;  provided,
however,  that  the power to adjust a final special franchise assessment
which is affected by a special equalization rate established pursuant to
section twelve hundred twenty-two  of  this  chapter  may  be  delegated
whether  or  not  a  complaint has been filed pursuant to article six of
this chapter. The executive director shall report to the members of  the
board  all actions taken pursuant to any such resolution within ten days
of taking said actions. Within ten days of receipt of the report of  the
executive director, if any member of the board has an objection, a meet-
ing  of  the  board shall be convened for the purpose of considering the
objection. Failure to make a  report  shall  not,  however,  affect  the
legality of any such actions.
  (b)  Any  resolution which delegates powers and duties relating to the
establishment of special state equalization rates pursuant  to  sections
eight  hundred  six  and  thirteen  hundred fourteen of this chapter and
special equalization ratios pursuant to articles twelve-A  and  twelve-B
of this chapter and certifications of changes in the level of assessment
pursuant  to  this chapter or any other law shall prescribe the policies
or criteria to be observed in the exercise of such powers and duties  by
the  officer  or  employee  to whom they are delegated. However, no such
resolution may delegate the power to make a  final  determination  in  a
matter in which a complaint has been filed pursuant to articles twelve-A
and twelve-B of this chapter.]
  4. ANY RECORDS THAT COME INTO THE COMMISSIONER'S CUSTODY IN THE COURSE
OF  DISCHARGING THE DUTIES IMPOSED UPON HIM OR HER BY THIS CHAPTER SHALL
BE SUBJECT TO PUBLIC ACCESS TO THE FULL EXTENT PROVIDED BY THIS  CHAPTER
AND  THE  PUBLIC  OFFICERS  LAW, AND SHALL NOT BE SUBJECT TO THE SECRECY
PROVISIONS OF THE TAX LAW.
  S 7. The real property tax law is amended by adding two  new  sections
204 and 206 to read as follows:
  S  204.  OFFICE OF REAL PROPERTY TAX SERVICES. THERE IS HEREBY CREATED
WITHIN THE DEPARTMENT OF TAXATION AND FINANCE AN OFFICE OF REAL PROPERTY
TAX SERVICES. THE HEAD OF THE OFFICE SHALL BE A DEPUTY COMMISSIONER  FOR
REAL  PROPERTY TAX SERVICES, WHO SHALL BE APPOINTED BY THE GOVERNOR. THE
DEPUTY COMMISSIONER FOR REAL PROPERTY TAX SERVICES SHALL  EXERCISE  SUCH
POWERS AND DUTIES IN RELATION TO REAL PROPERTY TAX ADMINISTRATION AS MAY
BE DELEGATED TO HIM OR HER BY THE COMMISSIONER, SHALL REPORT DIRECTLY TO
THE  COMMISSIONER ON THE ACTIVITIES OF THE OFFICE, AND SHALL HOLD OFFICE
AT THE PLEASURE OF THE COMMISSIONER. THE COMMISSIONER MAY  APPOINT  SUCH
OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND SPECIAL COMMITTEES AS HE OR

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SHE  MAY DEEM NECESSARY TO CARRY OUT THE PROVISIONS OF THIS CHAPTER, AND
SHALL PRESCRIBE THEIR DUTIES.
  S  206. REVIEWS OF CERTAIN DETERMINATIONS. 1. THE TAX APPEALS TRIBUNAL
SHALL HAVE THE FOLLOWING POWERS IN RELATION TO REAL PROPERTY TAX  ADMIN-
ISTRATION:
  (A)  THE POWER TO DETERMINE THE FINAL SPECIAL FRANCHISE VALUE, SPECIAL
FRANCHISE ASSESSMENT, RAILROAD CEILING, STATE EQUALIZATION RATE  OR  ANY
OTHER  EQUALIZATION  PRODUCT  ESTABLISHED  PURSUANT  TO THIS CHAPTER FOR
WHICH A COMPLAINT HAS BEEN FILED, AS PROVIDED BY SECTIONS  FOUR  HUNDRED
EIGHTY-NINE-O, FOUR HUNDRED EIGHTY-NINE-LL, SIX HUNDRED FOURTEEN, TWELVE
HUNDRED  TEN, TWELVE HUNDRED FIFTY-THREE, AND TWELVE HUNDRED SIXTY-THREE
OF THIS CHAPTER;
  (B) THE POWER TO HEAR AND DETERMINE REVIEWS RELATING TO DETERMINATIONS
MADE BY COUNTY EQUALIZATION AGENCIES,  AS  PROVIDED  BY  SECTIONS  EIGHT
HUNDRED SIXTEEN AND EIGHT HUNDRED EIGHTEEN OF THIS CHAPTER.
  2.  THE PROVISIONS OF SECTION FIVE HUNDRED TWENTY-FIVE OF THIS CHAPTER
SHALL APPLY SO FAR AS PRACTICABLE TO A  HEARING  CONDUCTED  BY  THE  TAX
APPEALS TRIBUNAL PURSUANT TO THIS CHAPTER.
  S 8. Section 216 of the real property tax law, as added by chapter 490
of the laws of 1988, subdivision 5 as amended by chapter 529 of the laws
of 1990, is amended to read as follows:
  S 216. Powers of [board] COMMISSIONER upon neglect or refusal of offi-
cials  to  perform duties. 1. Whenever it appears to the satisfaction of
the [state board] COMMISSIONER that any assessor or other  public  offi-
cer, employee or board of assessment review whose duties relate directly
to  real  property  tax  administration  has  failed  to comply with the
provisions of this chapter or any other law relating to such duties,  or
the  rules  and  regulations  of  the [board] COMMISSIONER made pursuant
thereto, after a hearing on the  facts,  the  [board]  COMMISSIONER  may
issue  an  order  directing such assessor, officer, employee or board of
assessment review to comply with such law, rule or regulation.
  2. If any assessor or other  public  officer,  employee  or  board  of
assessment  review  whose  duties  relate  directly to real property tax
administration shall [wilfully] WILLFULLY and  intentionally  refuse  or
neglect  to  perform  any  duty or do any act required by or pursuant to
this chapter, in addition to any other penalty  provided  by  law,  such
assessor,  public  officer,  employee or member of a board of assessment
review shall forfeit to the municipal corporation of which  such  asses-
sor,  public  officer,  employee  or  member  is an officer a sum not to
exceed  fifty  dollars  for  each  [wilful]  WILLFUL   and   intentional
violation, which may be recovered by the [state board] COMMISSIONER.
  3.  Where  a  property owner is, in a proceeding conducted pursuant to
this section, found to be directly affected by the  violation  of  state
law  or  rule,  the  [board]  COMMISSIONER  in its order shall establish
procedures by which an assessor, officer, employee or board  of  assess-
ment  review  whose duties relate directly to real property tax adminis-
tration, whether or not a party to  the  proceeding,  shall  remedy  the
failure  to  comply  with  such  state  law  or rules with respect to an
assessment roll filed not more than three years prior to  the  commence-
ment of the proceeding. Such remedy may include reconvening the board of
assessment review, identifying the class of persons eligible to complain
when the board of assessment review reconvenes, and issuing instructions
to  such  board  of  assessment  review on the law and any documentation
required of eligible complainants in relation to  the  findings  of  the
[state board] COMMISSIONER. A copy of such order shall be mailed to such
assessor,  officer,  employee  or board of assessment review and to each

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municipal corporation which utilizes such assessment  roll.  Such  order
shall,  where  appropriate, require the assessing unit to mail a copy of
the order to each eligible complainant whose name and address is readily
ascertainable from the record of the proceeding.
  4.  (a)  Where the [state board] COMMISSIONER has ordered the board of
assessment review to reconvene to receive  complaints,  a  copy  of  the
order  shall  be mailed by the assessing unit to each eligible complain-
ant, which mailing shall be accompanied by the form  prescribed  by  the
[state  board]  COMMISSIONER  for complaints on tentative assessments or
such other form as may be prescribed  [by  the  state  board]  for  such
purpose. Included with such order and form shall be a notice stating the
date, time and place at which the board of assessment review will recon-
vene. This material shall be mailed to the eligible complainant no later
than  fifteen  days  prior  to  the  meeting  of the board of assessment
review. On the date and time specified in  such  notice,  the  board  of
assessment  review  will reconvene to hear any complaints filed pursuant
to such order and shall have the powers and duties set forth in  section
five  hundred  twenty-five  of  this chapter, except that it may receive
only complaints with respect to assessments of those  parcels  to  which
the  [state board's] COMMISSIONER'S order applies. A petition for review
of the assessment of such property pursuant to either title one or one-A
of article seven of this chapter may be filed no later than thirty  days
after  the  determination of the board of assessment review is mailed to
the petitioner, notwithstanding the provisions of section seven  hundred
two or seven hundred thirty of this chapter.
  (b) The assessor shall correct the assessment roll upon receipt of the
verified  statement  of changes from the board of assessment review.  If
the assessor no longer has custody of  the  assessment  roll  when  such
verified  statement  is received, he or she shall forward a copy of such
verified statement and a copy  of  the  [state  board's]  COMMISSIONER'S
order  to  the person having custody of the assessment roll or tax roll,
which person shall  thereupon  make  the  appropriate  corrections.  The
assessor  shall also forward a copy of the verified statement of changes
to the clerk of each tax levying body which levies taxes on such assess-
ment roll.
  (c) Where a tax, special assessment or special  ad  valorem  levy  has
been  paid  prior  to  the  correction  of the tax roll pursuant to this
section and the order of the board of assessment  review  results  in  a
reduction  of  the tax liability of a parcel, the tax levying body shall
refund to the person who paid such tax, special assessment or special ad
valorem levy the amount which exceeds the tax,  special  assessment,  or
special ad valorem levy due upon the corrected tax roll. Any such refund
shall be a charge upon each municipal corporation or special district to
the  extent  that  the  taxes, special assessments or special ad valorem
levies were levied on its behalf or as is otherwise provided by law with
respect to Nassau and  Suffolk  counties;  provided,  however,  that  no
application need be made by the petitioner for such refund. The verified
statement  of  changes  provided  to the clerk of the tax district shall
constitute an application for refund for the purposes of  this  section.
Where  a  refund  is  not  made within ninety days of the receipt of the
verified statement of changes, interest in the amount of one percent per
month shall be added to the amount to be refunded for each month or part
thereof in excess of ninety days and paid to the property owner.
  (d) Where taxes, special assessments or special ad valorem levies have
been levied prior to the correction of the tax  roll  pursuant  to  this
section and the verified statement of changes of the board of assessment

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review  results  in  an increase in the tax liability of a parcel or the
imposition of a tax liability upon a parcel, the additional tax, special
assessment, or special ad valorem levy shall be  levied,  collected  and
accounted for as provided in the [state board's] COMMISSIONER'S order.
  (e)  The  provisions  of  title  three of article five of this chapter
shall apply as far as practicable to the  correction  of  an  assessment
roll  or  tax  roll and, if applicable, to a refund of taxes pursuant to
this section; provided however that no application, except  as  provided
herein, need be made for such correction or refund.
  5.  If  an  assessor,  or  other  public officer, employee or board of
assessment review whose duties relate  directly  to  real  property  tax
administration  fails  or  refuses  to  comply  with the [state board's]
COMMISSIONER'S order within ten days after  service  of  such  order  or
within  such time as is prescribed by the [state board] COMMISSIONER for
compliance with its order, the [state board] COMMISSIONER may commence a
special proceeding pursuant to article four of the  civil  practice  law
and  rules to compel compliance with such order. Such special proceeding
shall be commenced by the counsel to the  [state  board]  DEPARTMENT  OF
TAXATION  AND  FINANCE,  except  that  the attorney general of the state
shall commence such proceeding on behalf of the [state board] DEPARTMENT
if he or she deems it necessary.
  S 9. Section 324 of the real property tax law, as added by chapter 361
of the laws of 1986, is amended to read as follows:
  S 324. Local disciplinary actions. An assessor  may  be  removed  from
office  for  just cause by the appointing authority after a hearing upon
notice. A determination to remove an assessor or take other disciplinary
action as a result of the removal proceeding against an  assessor  shall
be  subject to review by the [state board] CIVIL SERVICE COMMISSION upon
application filed with [such board] THE CIVIL SERVICE COMMISSION by  the
assessor  within  thirty  days  after  receipt  by him or her of written
notice of such determination. The review  by  the  [state  board]  CIVIL
SERVICE  COMMISSION  shall  be based upon the record and a transcript of
the hearing held by the appointing authority and such  oral  or  written
argument  as  may be presented to [such board] THE CIVIL SERVICE COMMIS-
SION by the parties to the proceeding. Upon completion  of  such  review
the  [state  board]  CIVIL  SERVICE  COMMISSION shall affirm, reverse or
modify the determination of the appointing authority. The  determination
of  the [state board] CIVIL SERVICE COMMISSION shall be subject to judi-
cial review in accordance with the provision of article seventy-eight of
the civil practice law and rules.
  S 10. Subparagraphs (iv) and (v) of paragraph (b) of subdivision 4  of
section  425  of the real property tax law, subparagraph (iv) as amended
by section 3 of part E of chapter 83 of the laws of  2002,  subparagraph
(v)  as  amended by chapter 631 of the laws of 2006, are amended to read
as follows:
  (iv) Effective with applications for the enhanced exemption  on  final
assessment  rolls to be completed in two thousand three, the application
form shall indicate that the owners of  the  property  and  any  owners'
spouses  residing  on  the  premises  may authorize the assessor to have
their income eligibility  verified  annually  thereafter  by  the  state
department  of taxation and finance, in lieu of furnishing copies of the
applicable income tax return or returns with  the  application.  If  the
owners  of the property and any owners' spouses residing on the premises
elect to participate in this program, which shall be known as  the  STAR
income  verification program, they must furnish their taxpayer identifi-
cation numbers in order to  facilitate  matching  with  records  of  the

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department [of taxation and finance]. Thereafter, their income eligibil-
ity  shall  be  verified annually by the [state] department [of taxation
and finance] and the assessor shall  not  request  income  documentation
from  them,  unless  such  department  advises the assessor [through the
state board] that they do not satisfy the applicable income  eligibility
requirements,  or  that  it  is unable to determine whether they satisfy
those requirements.
  (v) (A) Except in the case of a city with a population of one  million
or  more, the assessor shall forward to the [state board] DEPARTMENT, in
the time and manner required by the [state board]  DEPARTMENT,  informa-
tion identifying the persons who have elected to participate in the STAR
income verification program.  [The state board shall forward such infor-
mation  to the department of taxation and finance in the manner provided
by the agreement executed pursuant to section one hundred  seventy-one-o
of  the  tax  law,  and  shall  notify  the  assessor of the response or
responses it receives from such department pursuant to such  agreement.]
After  receiving  [such]  THE  DEPARTMENT'S  response  or responses, the
assessing authority shall cause notices to be mailed to participants  as
provided  by paragraph (b) of subdivision five of this section. Informa-
tion [obtained by the state board] PROVIDED TO THE DEPARTMENT  identify-
ing  such  persons, and responses obtained from such department shall be
confidential and shall not be subject to disclosure under article six of
the public officers law.
  (B) In the case of a city of one million or more, the  assessor  shall
forward  to  the  department  of  taxation  and finance, in the time and
manner required by the department, information identifying  the  persons
who have elected to participate in the STAR income verification program.
The  department  shall advise the assessor of its findings in the manner
provided by the agreement  executed  pursuant  to  section  one  hundred
seventy-one-o   of  the  tax  law.  After  receiving  such  response  or
responses, the assessing authority shall cause notices to be  mailed  to
participants  as  provided  by paragraph (b) of subdivision five of this
section. Information [obtained by  the  state  board]  PROVIDED  TO  THE
DEPARTMENT  identifying  such  persons, and responses obtained from such
department shall be confidential and shall not be subject to  disclosure
under article six of the public officers law.
  S  11.  The  opening  paragraph  of  paragraph (b) of subdivision 5 of
section 425 of the real property tax law, as amended by chapter  742  of
the laws of 2005, is amended to read as follows:
  Informational  notice for participants in the STAR income verification
program. In the case of a parcel which is owned by an  owner  or  owners
who have elected to participate in the STAR income verification program,
the  assessing authority shall cause a notice, preferably on a postcard,
to be mailed to such owner or owners after the assessor has  been  noti-
fied  of  their  income  eligibility  by the department [of taxation and
finance through the state board]. Each such notice shall be mailed with-
out restrictions upon forwarding or  delivery,  and  shall  contain,  in
language  prescribed  by  the [state board] DEPARTMENT, the substance of
one of the following statements, whichever is appropriate:
  S 12. Paragraph (a) of subdivision 12 of section 425 of the real prop-
erty tax law, as amended by section 9 of part E of  chapter  83  of  the
laws of 2002, is amended to read as follows:
  (a)  Generally. In addition to discontinuing the exemption on the next
ensuing tentative assessment roll, if the assessor determines  that  the
property  improperly  received the exemption on one or more of the three
preceding assessment rolls, or is advised by the department [of taxation

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and finance through the state board] that the applicable income standard
was not satisfied with regard to a property which received the  enhanced
exemption  on  one  or  more  of those rolls, he or she shall proceed to
revoke  the  improperly  granted  prior  exemption or exemptions. If the
assessor is advised [through the state board] that  the  department  [of
taxation and finance] was unable to verify the income eligibility of one
or  more  participants  in the income verification program, the assessor
shall mail that person or those persons a notice in a form prescribed by
the [state board] DEPARTMENT requesting that the person or persons docu-
ment their income in the same manner and to the same extent  as  if  the
person  or  persons  were  submitting  an  initial  application  for the
enhanced STAR exemption. If such income documentation  is  not  provided
within forty-five days of such request, or if the documentation provided
does  not  establish  the  eligibility  of  the person or persons to the
assessor's satisfaction, the assessor shall treat the  exemption  as  an
improperly  granted exemption and proceed in the manner provided by this
subdivision.
  S 13. Section 489-o of the real property tax law, as added by  chapter
86  of  the laws of 1963, subdivision 2 as amended by chapter 735 of the
laws of 1983, and subdivision 3 as added by chapter 841 of the  laws  of
1986, is amended to read as follows:
  S  489-o.    Final determination of railroad ceiling; certificate.  1.
After the hearing provided for in section four hundred eighty-nine-n  of
this  [chapter]  TITLE,  the  [state  board]  TAX APPEALS TRIBUNAL shall
finally determine the railroad ceiling for the railroad real property of
each railroad company situated in each assessing unit.    Whenever  upon
complaint  the [state board] TAX APPEALS TRIBUNAL shall revise the local
reproduction cost of a railroad company in an assessing unit,  it  shall
revise  the  railroad  ceiling therefor to reflect such revision, but it
shall not, on account of such revision, modify any  other  determination
with respect to the railroad ceilings for such railroad company for such
year.   Notwithstanding the fact that no complaint shall have been filed
with respect to a tentative determination of  a  railroad  ceiling,  the
[state  board]  TAX  APPEALS  TRIBUNAL  shall give effect to any special
equalization rate established, pursuant to subdivision  two  of  section
four  hundred  eighty-nine-l  of this [chapter] TITLE prior to the final
determination of the railroad ceiling.
  2.  Not later than ten days before the last date prescribed by law for
the levy of taxes, the state board  shall  file  a  certificate  setting
forth  each  railroad ceiling as finally determined with the assessor of
the appropriate assessing unit  or  the  town  or  county  assessor  who
prepares  a copy of the applicable part of the town or county assessment
roll for village tax  purposes  as  provided  in  subdivision  three  of
section  fourteen  hundred  two  of this chapter,   and at the same time
shall transmit to each railroad company for which such ceiling has  been
determined a duplicate copy of such certificate.
  3.  Any final determination of a railroad ceiling by the [state board]
TAX APPEALS TRIBUNAL pursuant to subdivision one of this  section  shall
be  subject  to  judicial  review in a proceeding under article seventy-
eight of the civil practice law and rules.
  S 14. Section 489-ll of the real property tax law, as added by chapter
920 of the laws of 1977, subdivision 2 as amended by chapter 735 of  the
laws of 1983, subdivision 3 as added by chapter 841 of the laws of 1986,
is amended to read as follows:
  S  489-ll.   Final determination of railroad ceiling; certificate.  1.
After the hearing provided for in section four hundred eighty-nine-kk of

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this [chapter] TITLE, the  [state  board]  TAX  APPEALS  TRIBUNAL  shall
finally determine the railroad ceiling for the railroad real property of
each  railroad  company  situated in each assessing unit.  Whenever upon
complaint  the [state board] TAX APPEALS TRIBUNAL shall revise the local
reproduction cost of a railroad company in an assessing unit,  it  shall
revise the appropriate railroad ceiling to reflect such revision, but it
shall  not,  on account of such revision, modify any other determination
with respect to the railroad ceilings for such railroad company for such
year.  Notwithstanding the fact that no complaint shall have been  filed
with  respect  to  a  tentative determination of a railroad ceiling, the
[state board] TAX APPEALS TRIBUNAL shall  give  effect  to  any  special
equalization  rate  established  pursuant  to subdivision two of section
four hundred eighty-nine-jj of this [chapter] TITLE prior to  the  final
determination of the railroad ceiling.
  2.  Not later than ten days before the last date prescribed by law for
the  levy  of taxes, the [state board] TAX APPEALS TRIBUNAL shall file a
certificate setting forth each railroad ceiling  as  finally  determined
with the assessor of the appropriate assessing unit or the town or coun-
ty  assessor  who  prepares a copy of the applicable part of the town or
county assessment roll for village tax purposes as provided in  subdivi-
sion  three of section fourteen hundred two of this chapter,  and at the
same time shall transmit to each railroad company for which such ceiling
has been determined a duplicate copy of such certificate.
  3. Any final determination of a railroad ceiling by the [state  board]
TAX  APPEALS  TRIBUNAL pursuant to subdivision one of this section shall
be subject to judicial review in a  proceeding  under  article  seventy-
eight of the civil practice law and rules.
  S  15.  Section 614 of the real property tax law is amended to read as
follows:
  S 614.   Determination of  final  assessment  of  special  franchises.
After  [the hearing of complaints, if any, as provided in] RECEIVING THE
COMMISSIONER'S REPORT REGARDING ANY COMPLAINT FILED PURSUANT TO  section
six  hundred  twelve  of  this  [chapter] ARTICLE, the [state board] TAX
APPEALS TRIBUNAL shall determine the final assessment  of  each  special
franchise.
  S  16.  Subdivision  2 of section 740 of the real property tax law, as
added by chapter 732 of the laws of 1983, is amended to read as follows:
  2. A petition and notice shall be served by delivering two  copies  to
[a  member  of  the  state  board]  THE COMMISSIONER or to an officer or
employee authorized by [the board] HIM OR HER  to  accept  service,  not
more  than  sixty  days after the written notice of the final assessment
prescribed by section six hundred eighteen  of  this  chapter  has  been
served.  Where a proceeding is commenced by an assessing unit in which a
special  franchise is situated, an additional copy shall be filed by the
petitioner with the owner of that special franchise.  Where a proceeding
is commenced by a special franchise owner, the  petitioner,  within  ten
days  after service, shall file an additional copy with the clerk of the
city, town or village and with the clerk of the school district in which
that special franchise is situated except a school district governed  by
the provisions of article fifty-two of the education law.
  S 17. Section 1210 of the real property tax law, as amended by chapter
355 of the laws of 1990, is amended to read as follows:
  S  1210. Establishment of final state equalization rates, class ratios
and class equalization rates. After [hearing the complaints, if any,  as
provided in] RECEIVING THE COMMISSIONER'S REPORT REGARDING ANY COMPLAINT
FILED  PURSUANT TO section twelve hundred eight of this [chapter] TITLE,

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the [state board] TAX APPEALS TRIBUNAL shall establish the  final  state
equalization  rate,  class  ratios,  and  class  equalization  rates, if
required, for each city,  town,  village,  special  assessing  unit,  or
approved assessing unit or eligible non-assessing unit village which has
adopted  the  provisions of section nineteen hundred three of this chap-
ter.
  S 18. Section 1218 of the real property tax law, as amended by chapter
685 of the laws of 2004, is amended to read as follows:
  S 1218. Review of final determinations of [state  board]  TAX  APPEALS
TRIBUNAL  relating to state equalization rates. A final determination of
the [state board] TAX APPEALS TRIBUNAL relating  to  state  equalization
rates  may be reviewed by commencing an action in the appellate division
of the supreme court in the manner provided by article seventy-eight  of
the  civil  practice law and rules upon application of the county, city,
town or village for which the rate or rates were established. The stand-
ard of review in such a proceeding shall be as specified in  subdivision
four  of  section  seventy-eight hundred three of the civil practice law
and rules.   Whenever a final order  is  issued  in  such  a  proceeding
directing  a  revised  state  equalization  rate, any county, village or
school district that used the former rate in the apportionment of  taxes
must,  upon  receipt of such final order, recalculate the levy that used
such former rate and credit or  debit  as  appropriate  its  constituent
municipalities in its next levy.  Any special franchise assessments that
were  established using the former rate must, upon receipt of such final
order, be revised by the [state board] TAX APPEALS TRIBUNAL  in  accord-
ance with the new rate, and, if taxes have already been levied upon such
assessments, the affected special franchise owners shall either automat-
ically  receive  a  refund  if  there  is  a  decrease or be taxed on an
increase in the next levy in the manner provided for omitted parcels  in
title three of article five of this chapter.
  S  19.  Subdivision  (e)  of  section 15 of the tax law, as amended by
chapter 161 of the laws of 2005, is amended to read as follows:
  (e) Eligible real property taxes. The  term  "eligible  real  property
taxes"  means  taxes imposed on real property which is owned by the QEZE
and located in an empire zone with respect to which the QEZE  is  certi-
fied  pursuant  to  article  eighteen-B  of  the  general municipal law,
provided such taxes are paid by the QEZE which is the owner of the  real
property  or  are  paid  by  a tenant which either (i) does not meet the
eligibility requirements under section fourteen of this article to be  a
QEZE  or  (ii) cannot treat such payment as eligible real property taxes
pursuant to this paragraph and such taxes become  a  lien  on  the  real
property  during  a taxable year in which the owner of the real property
is both certified pursuant to article eighteen-B of the general  munici-
pal  law  and a qualified empire zone enterprise. In addition, "eligible
real property taxes" shall include taxes paid  by  a  QEZE  which  is  a
lessee  of real property if the following conditions are satisfied:  (1)
the taxes must be paid by the lessee pursuant to  explicit  requirements
in a written lease executed or amended on or after June first, two thou-
sand  five,  (2)  such taxes become a lien on the real property during a
taxable year in which the lessee of the real property is both  certified
pursuant to article eighteen-B of the general municipal law and a quali-
fied  empire zone enterprise, and (3) the lessee has made direct payment
of such taxes to the taxing authority and has  received  a  receipt  for
such  payment of taxes from the taxing authority.  In addition, the term
"eligible real property taxes" includes payments in lieu of  taxes  made
by  the  QEZE  to the state, a municipal corporation or a public benefit

S. 6606--A                         225                        A. 9706--A

corporation pursuant to a written agreement  entered  into  between  the
QEZE  and  the  state,  municipal  corporation, or public benefit corpo-
ration. Provided, however, a payment in lieu of taxes made by  the  QEZE
pursuant  to a written agreement executed or amended on or after January
first, two thousand one, shall not  constitute  eligible  real  property
taxes  in  any  taxable year to the extent that such payment exceeds the
product of (A) the greater of (i)  the  basis  for  federal  income  tax
purposes,  calculated  without  regard to depreciation, determined as of
the effective date of the QEZE's certification pursuant to article eigh-
teen-B of the general municipal law of real property,  including  build-
ings  and  structural  components  of  buildings,  owned by the QEZE and
located in empire zones with respect to  which  the  QEZE  is  certified
pursuant  to  such  article eighteen-B of the general municipal law, and
provided that if such basis is further adjusted or reduced  pursuant  to
any  provision  of  the internal revenue code, the QEZE may petition the
department[,] AND the department of economic development [and the office
of real property services] to disregard such reduction or adjustment for
the purpose of this subdivision or (ii) the basis for federal income tax
purposes of such real property described in clause (i) of this  subpara-
graph, calculated without regard to depreciation, on the last day of the
taxable  year,  and  provided  that if such basis is further adjusted or
reduced pursuant to any provision of the internal revenue code, the QEZE
may petition the department, the department of economic development  and
the  office  of  real  property  services to disregard such reduction or
adjustment for the purpose of this subdivision; and  (B)  the  estimated
effective  full  value tax rate within the county in which such property
is located, as most recently [reported to] CALCULATED BY the commission-
er [by the secretary of the state board of real  property  services,  or
his  or  her  designee].  The  [state board] COMMISSIONER shall annually
calculate estimated effective full value tax rates  within  each  county
for  this  purpose  based upon the most current information available to
[it] HIM OR HER in relation to county, city, town,  village  and  school
district taxes.
  S  20. Paragraph 5 of subdivision (b) of section 22 of the tax law, as
amended by section 4 of part H of chapter 577 of the laws  of  2004,  is
amended to read as follows:
  (5)  Eligible  real  property  taxes. The term "eligible real property
taxes" means taxes imposed on real property which consists of  a  quali-
fied  site  owned by the developer, provided such taxes become a lien on
the real property in a period during which the real property is a quali-
fied site. In addition, the term "eligible real property taxes" includes
payments in lieu of taxes by the developer, with respect to a  qualified
site,  to  the state, a municipal corporation or a public benefit corpo-
ration pursuant to a written agreement entered into between the develop-
er and the state, a municipal corporation or  a  public  benefit  corpo-
ration.  Provided,  however,  such  a payment in lieu of taxes shall not
constitute eligible real property taxes  in  any  taxable  year  to  the
extent  that  such payment exceeds the product of (A) the greater of (i)
the basis for federal income tax purposes, determined on  the  date  the
taxpayer  becomes  a  developer  as  defined under this section, of real
property, including buildings and structural  components  of  buildings,
owned  by  the developer and located on a qualified site with respect to
which the taxpayer is a developer, or (ii) the basis for federal  income
tax  purposes  of  such  real  property  described in clause (i) of this
subparagraph on the last day of the taxable year, and (B) the  estimated
effective  full  value tax rate within the county in which such property

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is located, as most recently [reported to] CALCULATED BY the commission-
er [by the secretary of the state board of real  property  services,  or
his  or  her  designee].  The  [state board] COMMISSIONER shall annually
calculate estimated and effective full value tax rates within each coun-
ty for this purpose based upon the most current information available to
[it]  HIM  OR  HER in relation to county, city, town, village and school
district taxes. Provided further, where the amount of the credit  deter-
mined  under  paragraph  two of this subdivision is the total product of
the factors and tax specified therein, the term "eligible real  property
taxes"  under  this  paragraph shall apply only to taxes imposed on real
property which is attributed to a qualified site located in an  environ-
mental  zone.  Where  the  developer  is a partner in a partnership or a
shareholder in a New York S corporation, such  real  property  shall  be
owned by the partnership or the New York S corporation, respectively.
  S  21.  Subdivision  twenty-fifth  of  section  171 of the tax law, as
amended by chapter 170 of the laws of 1994, paragraph a  as  amended  by
section  93 of part A of chapter 436 of the laws of 1997, paragraph b as
amended and paragraph c as added by chapter 474 of the laws of 1996,  is
amended to read as follows:
  Twenty-fifth. a. With respect to the income to be used in the computa-
tion  of  school aid payable in the school year nineteen hundred ninety-
four--ninety-five and thereafter, be required  to  design,  develop  and
implement  a  permanent  computerized  statewide school district address
match and income verification system in regard to each school district's
valuation of total New York adjusted gross income as determined  by  the
department,  for use in determining state aid to education.  The depart-
ment shall promulgate rules and regulations to effect the provisions  of
this paragraph within ninety days of the enactment of the chapter of the
laws of nineteen hundred ninety-four amending this paragraph. Commencing
September  first, nineteen hundred ninety-seven, the commissioner[,] AND
the commissioner of education[, and the executive director of the office
of real property services], subject to the approval of the  director  of
the  budget  shall  be required to enter into a cooperative agreement by
September first of each year,  which  will  govern  the  validation  and
correction and completion of the total New York adjusted gross income of
school  districts  until  September  first  of  the following year. Such
agreement shall include, but  not  be  limited  to:  (i)  procedures  to
improve  the  accuracy of school district income data, in a manner which
gives appropriate recognition to computerized  processing  capabilities,
administrative  feasibility  of  manual  processes  and  confidentiality
implications; (ii)  procedures  to  verify  the  school  district  codes
reported  by taxpayers; (iii) procedures to correct identified inaccura-
cies; (iv) procedures to assign  school  district  codes  based  on  the
permanent  residence  addresses  of taxpayers who failed to complete the
school district code; (v) the schedule for the transmittal of electronic
data between the agencies, as necessary, to implement such  system;  and
(vi)  beginning  in  the  nineteen hundred ninety-six state fiscal year,
procedures for the review process provided for in paragraph  c  of  this
subdivision.    All state departments and agencies, and school districts
and other local governments  and  agencies,  shall  cooperate  with  the
parties to such agreement in its implementation.
  b.  1.  [With  respect to income used in the computation of school aid
payable in the school years  nineteen  hundred  ninety-four--ninety-five
through  nineteen  hundred  ninety-seven--ninety-eight,  be  required to
design, develop and implement a process  whereby  school  districts  may
request a review of the assignment of taxpayer addresses to their school

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district. In addition to the cooperative agreement developed pursuant to
paragraph  a  of  this subdivision between the commissioner, the commis-
sioner of education and the director of  the  office  of  real  property
services, the parties shall enter into a second cooperative agreement to
establish  procedures  for  such a review process. Such procedures shall
include but not be limited to: (i) general criteria to be used  for  the
purpose  of  evaluating  suspected inaccuracies in the assignment of tax
returns to school districts; (ii) a process for rating the requests  for
review,  giving  appropriate  recognition  to  the relative incidence of
suspected inaccuracies, the relative effect of suspected inaccuracies on
the aggregate income, income per return and relative income per pupil of
the school district, and the relative effect of  suspected  inaccuracies
on  state  aid  payable to the school district pursuant to the education
law; (iii) a process for identifying the school  districts  for  partic-
ipation  in  the  review process from the rated list of applicants; (iv)
processes by which addresses assigned  to  identified  school  districts
will  be reviewed and by which corrections to inaccuracies will be iden-
tified; (v) a process by which  corrections  to  inaccurate  assignments
will  be  made  to appropriate files; and (vi) deadlines by which school
districts must submit requests for review to the commissioner of  educa-
tion and timelines for each of the procedures included in the agreement.
  2.  School  districts  requesting  a  review  in  accordance  with the
provisions of this paragraph shall be required, in consultation with the
district superintendent of schools for the supervisory district in which
the school district is located, appointed pursuant to  section  nineteen
hundred  fifty  of  the  education law, to submit to the commissioner of
education evidence in support of a contention that the assignment of tax
returns to their district is inaccurate. Identified school districts may
be required to review ordered listings, prepared by  the  department  or
the  office of real property services or an authorized vendor contracted
by the department, of the permanent resident address of selected taxpay-
ers who filed personal income tax returns with the department  reporting
a  school district code or address which indicates that the taxpayer was
a resident of such identified school district at the close of the  taxa-
ble  year  for  which  the  return  was  filed. In no case shall ordered
address listings for school  district  review  include  those  addresses
which  the  school  district  had  the opportunity to review pursuant to
paragraph a of this subdivision.  District  superintendents  of  schools
appointed  pursuant  to  section nineteen hundred fifty of the education
law, having an  identified  school  district  within  their  supervisory
district,  shall  be required to verify any suspected inaccuracies indi-
cated by an identified district as a result of the district's review  of
ordered address listings pursuant to this paragraph.
  3.]  Any correction, pursuant to this paragraph, of verified inaccura-
cies of income data shall only result in the  removal  of  such  returns
from the identified school district.
  [4.]  2.  All state departments and agencies, and school districts and
other local governments and agencies, shall cooperate with  the  parties
to  such  agreement in the implementation of the review process provided
pursuant to this paragraph.
  c. 1. With respect to income used in the  computation  of  school  aid
payable  in  the school years nineteen hundred ninety-eight--ninety-nine
and thereafter, be required to design, develop and implement  a  process
whereby  school  districts  may  request  a  review of the assignment of
taxpayer addresses to their  school  district.  Procedures  for  such  a

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review  process  shall  be included in the cooperative agreement entered
into pursuant to paragraph a of this subdivision.
  2.  School  districts  requesting  a  review  in  accordance  with the
provisions of this paragraph shall be required, in consultation with the
district superintendent of schools for the supervisory district in which
the school district is located, appointed pursuant to  section  nineteen
hundred  fifty  of  the  education law, to submit to the commissioner of
education evidence in support of a contention that the assignment of tax
returns to their district is inaccurate. Identified school districts may
be required to review ordered listings, prepared by the  department  [or
the office of real property services] or an authorized vendor contracted
by the department, of the permanent resident address of selected taxpay-
ers  who filed personal income tax returns with the department reporting
a school district code or address which indicates that the taxpayer  was
a  resident of such identified school district at the close of the taxa-
ble year for which the return  was  filed.  In  no  case  shall  ordered
address  listings  for  school  district  review include those addresses
which the school district had the  opportunity  to  review  pursuant  to
paragraph  a  of  this  subdivision. District superintendents of schools
appointed pursuant to section nineteen hundred fifty  of  the  education
law,  having  an  identified  school  district  within their supervisory
district, shall be required to verify any suspected  inaccuracies  indi-
cated  by an identified district as a result of the district's review of
ordered address listings pursuant to this paragraph.
  3. Any correction, pursuant to this paragraph, of  verified  inaccura-
cies  of  income  data  shall only result in the removal of such returns
from the identified school district.
  4. All state departments and agencies, and school districts and  other
local governments and agencies, shall cooperate with the parties to such
agreement  in the implementation of the review process provided pursuant
to this paragraph.
  S 22. Section 171-o of the tax law, as amended by chapter 631  of  the
laws of 2006, is amended to read as follows:
  S  171-o.  Income  verification  for [the state board of real property
services and] a city with a population of one million or more.  (1)  The
department  shall  enter into an agreement with [the state board of real
property services to verify, to the extent practicable, whether  persons
described  in  paragraph (b) of subdivision four of section four hundred
twenty-five of the real property tax law  meet  the  income  eligibility
requirements  prescribed  therein  for  the  applicable income tax year,
beginning with the income tax year  ending  in  two  thousand  two.  The
department  shall also enter into an agreement with] a city with a popu-
lation of one million or more to  verify,  to  the  extent  practicable,
whether  persons  described  in  paragraph  (b)  of  subdivision four of
section four hundred twenty-five of the real property tax law  meet  the
income  eligibility  requirements  prescribed therein for the applicable
income tax year, beginning with the income tax year ending in two  thou-
sand five. The department shall advise the [state board of real property
services,  or]  city[,  as the case may be,] of its findings, stating in
each case either that such person or persons do or do not  satisfy  such
requirements,  or  that the eligibility of such person or persons cannot
be verified, whichever is appropriate. The department shall not  provide
any  other  information  about  the income of such persons to the [state
board of real property services or] city.
  (2) The provisions of article six of the public officers law shall not
apply to any information that the department obtains from or provides to

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the [state board of real property services or]  city  pursuant  to  this
section.
  (3)  Any  information  furnished  by  the  department pursuant to this
section shall be deemed confidential and  the  assessor,  any  municipal
officer  or  municipal employees are prohibited from disclosing any such
information, except for any disclosure necessary in the  performance  of
their  official  duties  in connection with the school tax relief (STAR)
exemption pursuant to section four hundred twenty-five of the real prop-
erty tax law. Any unauthorized disclosure of such information  shall  be
deemed a violation of section eight hundred five-a of the general munic-
ipal law.
  S  23. Paragraph 12 of subsection (e) of section 606 of the tax law is
REPEALED.
  S 24. Paragraphs 3, 4 and 5 of subsection (k) of section  697  of  the
tax  law,  as amended by chapter 237 of the laws of 1995, are amended to
read as follows:
  [(3) Notwithstanding the provisions of subsection (e) of this section,
the department or authorized vendor contracted by the  department  shall
furnish  annually,  as  required pursuant to subdivision twenty-fifth of
section one hundred seventy-one of this chapter, to the executive direc-
tor of the office of real property services, electronic  file  transfers
of  the  permanent  residence  address  of each taxpayer who has filed a
personal income tax return with the department. Such transfers shall  be
in  accordance  with  the schedule established pursuant to the agreement
developed in accordance with paragraph d of subdivision twenty-fifth  of
section  one hundred seventy-one of this chapter.  Similarly, the office
of real property services shall, subject to the  availability  of  funds
appropriated for this purpose, verify or correct or determine the school
district  for each such residence address provided by the department and
shall return such updated data to the department in accordance with  the
provisions of such agreement.]
  (4)  Notwithstanding the provisions of subsection (e) of this section,
the department [or the office of real property services] or  an  author-
ized  vendor  contracted  by  the  department shall furnish, as required
pursuant to subdivision twenty-fifth of section one hundred  seventy-one
of  this chapter, to the superintendents of schools of identified school
districts and district superintendents of schools appointed pursuant  to
section  nineteen  hundred fifty of the education law, having an identi-
fied school district within their supervisory district, an ordered list-
ing, for such identified school districts electing to participate in the
appeals process for a limited school district address review  validation
and correction process.
  (5)  The information provided pursuant to this section and subdivision
twenty-fifth of section one hundred seventy-one of this chapter shall be
used solely for the purpose of verifying the legal residence and  school
district  of a taxpayer in determining the distribution of state aid for
education and such information may only be disclosed by such commission-
er, [director,] superintendents and authorized vendor contracted by  the
department for such purposes to employees of the state education depart-
ment,  [employees  of the state office of real property services] and to
employees under  the  control  of  such  superintendents.  In  addition,
notwithstanding  the  provisions  of subsection (e) of this section, the
department may furnish to an authorized vendor contracted by the depart-
ment the permanent resident address and school code data  necessary  for
the implementation of the temporary school district address review vali-
dation  and correction process, the pilot computerized address match and

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income verification project, or  the  permanent  computerized  statewide
school district address match and income verification system pursuant to
subdivision  twenty-fifth  of  section  one  hundred seventy-one of this
chapter.  Any  violation  of  the  provisions  of  this section shall be
punishable in the manner provided for in subsection (e) of this section.
Any information obtained  by  any  agency  or  person  pursuant  to  the
provisions of this section shall not be deemed a "record", as defined in
subdivision four of section eighty-six of the public officers law.
  S  25.  Subdivision  3  of  section 1564 of the tax law, as amended by
chapter 17 of the laws of 2008, is amended to read as follows:
  3. An exemption from the tax which is equal to the median sales  price
of  residential  real  property  within  the applicable town or city, as
determined by the [office of real property services pursuant  to  proce-
dures  adopted  for  this  purpose  by  the state board of real property
services established pursuant to article two of the  real  property  tax
law]  COMMISSIONER, shall be allowed on the consideration of the convey-
ance of improved or unimproved real property or an interest therein.
  S 26. This act shall take effect immediately.

                                 PART X

  Section 1. The real property tax  law  is  amended  by  adding  a  new
section 509 to read as follows:
  S 509. PROPERTY TAXPAYERS' DISCLOSURE AND ASSESSMENT TRANSPARENCY ACT.
1.  NOTWITHSTANDING  THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
TO THE CONTRARY, THE ASSESSORS IN  TOWNS,  CITIES  AND  COUNTIES  HAVING
POWER  TO  ASSESS  PROPERTY FOR TAX PURPOSES SHALL, NOT LATER THAN SIXTY
DAYS PRIOR TO THE DATE SET BY  LAW  FOR  THE  FILING  OF  THE  TENTATIVE
ASSESSMENT  ROLL, PROVIDE TO THE STATE BOARD IN AN ELECTRONIC FORMAT THE
FOLLOWING INFORMATION:
  (A) THE PRELIMINARY  ASSESSMENT  OF  EACH  PARCEL  ON  SUCH  TENTATIVE
ASSESSMENT ROLL;
  (B)  THE  LEVEL  OF  ASSESSMENT WHICH THE ASSESSOR EXPECTS TO APPLY TO
THAT ROLL;
  (C) THE FINAL ASSESSMENT OF THE PARCEL, IF ANY, ON  THE  PRIOR  YEAR'S
FINAL ASSESSMENT ROLL;
  (D)  THE  PROPERTY  ADDRESS  AND TAX MAP IDENTIFICATION NUMBER OF EACH
SUCH PARCEL;
  (E) THE DATE BY WHICH COMPLAINTS MAY BE FILED RELATIVE TO  THE  TENTA-
TIVE ASSESSMENTS THAT ARE TO APPEAR ON THE TENTATIVE ASSESSMENT ROLL, IF
OTHER THAN THE FOURTH TUESDAY OF MAY; AND
  (F) THE DATES AND TIMES WHEN THE ASSESSOR WILL BE AVAILABLE TO DISCUSS
PRELIMINARY  ASSESSMENTS ON AN INFORMAL BASIS PRIOR TO THE FILING OF THE
TENTATIVE ASSESSMENT ROLL, AND THE CONTACT INFORMATION WHICH HE  OR  SHE
WOULD LIKE TO BE GIVEN TO THE GENERAL PUBLIC.
  2. NOT LATER THAN FORTY-FIVE DAYS PRIOR TO THE DATE SET BY LAW FOR THE
FILING  OF  THE TENTATIVE ASSESSMENT ROLL, THE STATE BOARD SHALL POST ON
ITS WEBSITE A REPORT PERTAINING TO  THE  ASSESSING  UNIT,  WHICH  REPORT
SHALL INCLUDE AT LEAST THE FOLLOWING INFORMATION:
  (A) FOR THE TENTATIVE ASSESSMENT ROLL:
  (I)  THE  PRELIMINARY  ASSESSMENT  OF  EACH  PARCEL  ON SUCH TENTATIVE
ASSESSMENT ROLL;
  (II) THE LEVEL OF ASSESSMENT WHICH THE ASSESSOR EXPECTS  TO  APPLY  TO
THAT ROLL;
  (III)  THE  MARKET VALUE WHICH EACH PRELIMINARY ASSESSMENT REPRESENTS,
AND

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  (IV) THE PROPERTY ADDRESS AND TAX MAP IDENTIFICATION  NUMBER  OF  EACH
SUCH PARCEL.
  (B) FOR THE PRIOR YEAR'S FINAL ASSESSMENT ROLL:
  (I)  THE  FINAL ASSESSMENT OF EACH PARCEL, IF ANY, ON THE PRIOR YEAR'S
FINAL ASSESSMENT ROLL;
  (II) THE STATE EQUALIZATION RATE WHICH WAS APPLICABLE TO THAT ROLL;
  (III) THE FULL VALUE WHICH EACH SUCH FINAL ASSESSMENT REPRESENTED; AND
  (IV) THE PROPERTY ADDRESS AND TAX MAP IDENTIFICATION  NUMBER  OF  EACH
SUCH PARCEL.
  (C) THE DATES AND TIMES WHEN THE ASSESSOR WILL BE AVAILABLE TO DISCUSS
PRELIMINARY  ASSESSMENTS ON AN INFORMAL BASIS PRIOR TO THE FILING OF THE
TENTATIVE ASSESSMENT ROLL, TOGETHER WITH THE CONTACT  INFORMATION  WHICH
HE OR SHE SUPPLIED TO THE STATE BOARD.
  (D)  THE  DATE BY WHICH COMPLAINTS MAY BE FILED RELATIVE TO THE TENTA-
TIVE ASSESSMENTS THAT ARE TO APPEAR ON THE TENTATIVE ASSESSMENT ROLL.
  (E) A LINK TO THE MOST RECENT PUBLICATION  OF  THE  STATE  BOARD  THAT
DESCRIBES THE PROCESS FOR SEEKING REVIEW OF TENTATIVE ASSESSMENTS.
  3.  THE  STATE BOARD SHALL PUBLICIZE THE POSTING OF ITS REPORT THROUGH
SUCH REASONABLE MEANS AS MAY BE AT ITS DISPOSAL, INCLUDING THE  DISTRIB-
UTION OF MEDIA RELEASES.
  4.  (A)  THE ASSESSING UNIT SHALL MAKE THE DATA CONTAINED IN THE STATE
BOARD'S REPORT AVAILABLE TO THE PUBLIC AT ITS MUNICIPAL  OFFICES  OR  IF
THERE  BE  NONE,  AT AN ALTERNATIVE LOCATION DESIGNATED BY THE GOVERNING
BODY, AND AT SUCH OTHER CONVENIENT PLACES AS MAY BE  DESIGNATED  BY  THE
GOVERNING  BODY. IN ADDITION, IF THE ASSESSING UNIT MAINTAINS A WEBSITE,
IT SHALL POST A LINK THEREON TO SUCH DATA.
  (B) THE ASSESSING UNIT MAY PUBLICIZE THE  AVAILABILITY  OF  SUCH  DATA
THROUGH SUCH REASONABLE MEANS AS MAY BE AT ITS DISPOSAL.
  5.  WHERE  AN  ASSESSMENT  APPEARING ON A TENTATIVE ASSESSMENT ROLL IS
GREATER THAN THE PRELIMINARY ASSESSMENT OF THE SAME PARCEL  REPORTED  TO
THE  STATE  BOARD  PURSUANT  TO  THIS SECTION, THE ASSESSOR SHALL MAIL A
NOTICE TO THE PROPERTY OWNER AT LEAST TEN DAYS PRIOR  TO  THE  DATE  FOR
HEARING  COMPLAINTS  IN  RELATION  TO  ASSESSMENTS. SUCH NOTICE SHALL BE
SUBSTANTIALLY IN THE SAME FORM AS IS PRESCRIBED BY SECTION FIVE  HUNDRED
TEN OF THIS TITLE.
  6.  FAILURE  TO  POST  OR  OTHERWISE  PROVIDE  ANY  OF THE INFORMATION
DESCRIBED BY THIS SECTION, IN WHOLE OR IN PART, OR FAILURE OF  AN  OWNER
TO  RECEIVE THE SAME SHALL NOT PREVENT THE LEVY, COLLECTION AND ENFORCE-
MENT OF THE PAYMENT OF THE TAXES ON SUCH REAL PROPERTY.
  7. THE STATE BOARD MAY ADOPT SUCH RULES AS IT DEEMS NECESSARY  TO  THE
IMPLEMENTATION OF THIS SECTION.
  8. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO SPECIAL ASSESSING
UNITS.
  9.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO RELIEVE ASSESSING
UNITS OF THE OBLIGATION TO SEND NOTICES OF INCREASES WHEN REQUIRED UNDER
THE PROVISIONS OF SECTION FIVE HUNDRED TEN OF THIS TITLE.
  S 2. Section 511 of the real property tax law is amended by  adding  a
new subdivision 9 to read as follows:
  9.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ASSESSING UNITS
WHICH ARE SUBJECT TO THE PROVISIONS OF SECTION FIVE HUNDRED NINE OF THIS
TITLE, NOR TO SPECIAL ASSESSING UNITS.
  S 3. Subdivision 5 of section 574 of the real  property  tax  law,  as
amended  by  chapter  257  of  the  laws  of 1993, is amended to read as
follows:
  5. [Forms or reports filed] DATA COLLECTED pursuant to this section or
section three hundred thirty-three of the real  property  law  shall  be

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made available for public inspection or copying in accordance with rules
promulgated  by  the  state board, EXCEPT THAT WHERE THE STATE BOARD AND
THE DEPARTMENT OF TAXATION AND FINANCE HAVE DEVELOPED A COMBINED PROCESS
FOR  COLLECTING  DATA PURSUANT TO PARAGRAPH VIII OF SUBDIVISION ONE-E OF
SECTION THREE HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW, ANY DATA SO
COLLECTED WHICH IS NOT REQUIRED TO BE FURNISHED TO THE  STATE  BOARD  BY
STATUTE OR BY THE STATE BOARD'S RULES SHALL NOT BE SUBJECT TO INSPECTION
OR COPYING.
  S  4. Paragraphs i and v of subdivision 1-e of section 333 of the real
property law, as amended by section 1 of part B of  chapter  57  of  the
laws of 2004 and paragraph i as separately amended by chapter 521 of the
laws  of 2004, are amended and two new paragraphs vii and viii are added
to read as follows:
  i. A recording officer shall not  record  or  accept  for  record  any
conveyance  of  real  property  affecting  land in New York state unless
accompanied by a transfer report form prescribed by the state  board  of
real  property  services OR IN LIEU THEREOF, CONFIRMATION FROM THE STATE
BOARD THAT THE REQUIRED DATA HAS BEEN REPORTED TO IT PURSUANT  TO  PARA-
GRAPH VII OF THIS SUBDIVISION, and the fee prescribed pursuant to subdi-
vision three of this section.
  v.  The provisions of this subdivision shall not operate to invalidate
any conveyance of real property where one or more of  the  items  desig-
nated  as subparagraphs one through eight of paragraph ii of this subdi-
vision, have not been reported or which has been  erroneously  reported,
nor  affect  the  record contrary to the provisions of this subdivision,
nor impair any title founded on such conveyance or record.    Such  form
shall  [be  certified]  CONTAIN AN AFFIRMATION as to the accuracy of the
contents MADE BOTH by the transferor or transferors and BY the transfer-
ee or transferees. Provided, however, THAT if  the  conveyance  of  real
property  occurs as a result of a taking by eminent domain, tax foreclo-
sure, or other involuntary proceeding such  [form]  AFFIRMATION  may  be
[certified]  MADE  only  by either the condemnor, tax district, or other
party to whom the property has been conveyed, or by that party's  attor-
ney.    THE AFFIRMATIONS REQUIRED BY THIS PARAGRAPH SHALL BE MADE IN THE
FORM AND MANNER PRESCRIBED BY THE STATE BOARD,  PROVIDED  THAT  NOTWITH-
STANDING  ANY  PROVISION  OF  LAW  TO  THE  CONTRARY,  AFFIRMANTS MAY BE
ALLOWED, BUT SHALL NOT BE REQUIRED, TO SIGN SUCH AFFIRMATIONS  ELECTRON-
ICALLY.
  VI.  Any  deed  executed  and  delivered prior to July first, nineteen
hundred ninety-four may nevertheless be recorded in the  office  of  the
county  clerk  providing  there  is submitted therewith, and in place of
such form, a separate statement signed by the transferor or  transferors
and  the transferee or transferees or any person having sufficient know-
ledge to sign such form which contains the same information required  by
the  state board of real property services as set forth in subparagraphs
one through four of paragraph ii of this subdivision.
  VII. THE STATE BOARD IS HEREBY AUTHORIZED TO DEVELOP AND  OVERSEE  THE
IMPLEMENTATION  OF  A SYSTEM TO ALLOW THE DATA REQUIRED BY THIS SUBDIVI-
SION AND SECTION FIVE HUNDRED SEVENTY-FOUR OF THE REAL PROPERTY TAX  LAW
TO  BE  REPORTED  TO IT ELECTRONICALLY, NOTWITHSTANDING ANY PROVISION OF
LAW TO THE CONTRARY. THE STATE BOARD IS FURTHER AUTHORIZED TO ADOPT  ANY
RULES  NECESSARY  TO IMPLEMENT SUCH A SYSTEM. SUCH RULES SHALL SET FORTH
SUCH STANDARDS AND PROCEDURES AS MAY BE NEEDED  FOR  THE  EFFECTIVE  AND
EFFICIENT ADMINISTRATION OF THE PROGRAM, INCLUDING STANDARDS FOR PROVID-
ING CONFIRMATION TO RECORDING OFFICERS OF THE REPORTING OF REQUIRED DATA
TO THE STATE BOARD.

S. 6606--A                         233                        A. 9706--A

  VIII. UPON AGREEMENT BETWEEN THE STATE BOARD OF REAL PROPERTY SERVICES
AND  THE  DEPARTMENT OF TAXATION AND FINANCE, THE PROCESS FOR COLLECTING
DATA PURSUANT TO THIS SUBDIVISION AND SECTION FIVE HUNDRED  SEVENTY-FOUR
OF  THE  REAL  PROPERTY TAX LAW MAY BE COMBINED IN WHOLE OR IN PART WITH
THE PROCESS FOR COLLECTING DATA PURSUANT TO ARTICLES THIRTY-ONE, ELEVEN,
TWENTY-TWO  AND SUBSECTION (A) OF SECTION SIX HUNDRED SIXTY-THREE OF THE
TAX LAW IN CONNECTION WITH THE REAL ESTATE TRANSFER TAX, NOTWITHSTANDING
ANY PROVISION OF LAW TO THE CONTRARY. THE STATE BOARD  AND  THE  COMMIS-
SIONER  OF TAXATION AND FINANCE ARE AUTHORIZED TO ADOPT ANY RULES NECES-
SARY TO IMPLEMENT THE PROVISIONS  OF  THIS  PARAGRAPH,  INDIVIDUALLY  OR
JOINTLY.
  S  5. Section 693 of the tax law is amended by adding a new subsection
(e) to read as follows:
  (E) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH ONE OF SUBSECTION  (E)
OF  SECTION  SIX HUNDRED NINETY-SEVEN OF THIS PART, THE COMMISSIONER MAY
FURNISH TO THE STATE BOARD OF REAL PROPERTY SERVICES INFORMATION  RELAT-
ING  TO  REAL  PROPERTY TRANSFERS OBTAINED OR DERIVED FROM RETURNS FILED
PURSUANT TO THIS ARTICLE IN RELATION TO THE REAL ESTATE TRANSFER TAX, TO
THE EXTENT THAT SUCH INFORMATION IS ALSO REQUIRED TO BE REPORTED TO  THE
STATE  BOARD  BY SECTION THREE HUNDRED THIRTY-THREE OF THE REAL PROPERTY
LAW AND SECTION FIVE HUNDRED SEVENTY-FOUR OF THE REAL PROPERTY  TAX  LAW
AND   THE  RULES  ADOPTED  THEREUNDER,  PROVIDED  SUCH  INFORMATION  WAS
COLLECTED THROUGH A COMBINED PROCESS ESTABLISHED PURSUANT TO  AN  AGREE-
MENT  ENTERED  INTO  WITH  THE STATE BOARD PURSUANT TO PARAGRAPH VIII OF
SUBDIVISION ONE-E OF SECTION THREE  HUNDRED  THIRTY-THREE  OF  THE  REAL
PROPERTY  LAW.  THE  STATE  BOARD MAY REDISCLOSE SUCH INFORMATION TO THE
EXTENT AUTHORIZED BY SECTION FIVE HUNDRED SEVENTY-FOUR OF THE REAL PROP-
ERTY TAX LAW.
  S 6. Section 1418 of the tax law is amended by adding a  new  subdivi-
sion (h) to read as follows:
  (H) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
THE  COMMISSIONER  MAY  FURNISH  TO  THE  STATE  BOARD  OF REAL PROPERTY
SERVICES INFORMATION RELATING TO REAL  PROPERTY  TRANSFERS  OBTAINED  OR
DERIVED  FROM  RETURNS FILED PURSUANT TO THIS ARTICLE IN RELATION TO THE
REAL ESTATE TRANSFER TAX, TO THE EXTENT THAT SUCH  INFORMATION  IS  ALSO
REQUIRED  TO  BE  REPORTED  TO  THE STATE BOARD BY SECTION THREE HUNDRED
THIRTY-THREE OF THE REAL PROPERTY LAW AND SECTION FIVE HUNDRED  SEVENTY-
FOUR  OF  THE  REAL  PROPERTY  TAX LAW AND THE RULES ADOPTED THEREUNDER,
PROVIDED SUCH INFORMATION  WAS  COLLECTED  THROUGH  A  COMBINED  PROCESS
ESTABLISHED  PURSUANT  TO AN AGREEMENT ENTERED INTO WITH THE STATE BOARD
PURSUANT TO PARAGRAPH VIII OF SUBDIVISION ONE-E OF SECTION THREE HUNDRED
THIRTY-THREE OF THE REAL PROPERTY LAW. THE STATE  BOARD  MAY  REDISCLOSE
SUCH INFORMATION TO THE EXTENT AUTHORIZED BY SECTION FIVE HUNDRED SEVEN-
TY-FOUR OF THE REAL PROPERTY TAX LAW.
  S  7. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law,  provided  that  the
state board of real property services and the department of taxation and
finance are hereby authorized to adopt any rules needed to implement the
provisions of this act prior to such date.

                                 PART Y

  Section  1.  Paragraphs (a), (b) and (c) of subdivision 1 and subdivi-
sion 2 of section 1573 of the real property tax law,  paragraph  (a)  of
subdivision  1 as amended and paragraphs (b) and (c) of subdivision 1 as
added by chapter 309 of the laws of 1996, subdivision 2  as  amended  by

S. 6606--A                         234                        A. 9706--A

chapter  655  of  the laws of 2004 and paragraph (a) of subdivision 2 as
amended by chapter 212 of the laws of  2006,  are  amended  to  read  as
follows:
  (a)  the  assessing unit has satisfied standards of quality assessment
administration, as established by the  state  board  pursuant  to  regu-
lations  promulgated  by the state board, subject to the approval of the
director of the budget[. Such rules shall be based upon but not  limited
to the following criteria:
  (i) quality and maintenance of valuation data;
  (ii) presentation of public information and data;
  (iii) administration of exemptions;
  (iv) an acceptable level of assessment uniformity as measured annually
by the state board; and
  (v) compliance with statutes and rules.] AND HAS IMPLEMENTED A REVALU-
ATION PURSUANT TO AN APPROVED PLAN AS PROVIDED IN THIS SUBDIVISION;
  (b)  [any  revaluation  or  update  of  assessments, implemented on an
assessment roll finalized after  the  first  day  of  January,  nineteen
hundred ninety-six,] THE REVALUATION is at one hundred percent of value;
however, in special assessing units the revaluation or update of assess-
ments must be at a uniform percentage of value for each class;
  (c)  [the  assessing  unit  has published, on the tentative assessment
roll, the uniform percentage of value at  which  all  real  property  is
assessed, or in special assessing units, the uniform percentage of value
at which each class of property is assessed;] THE REVALUATION WAS IMPLE-
MENTED  PURSUANT  TO A PLAN, APPROVED PURSUANT TO THE RULES OF THE STATE
BOARD, OF NOT LESS THAN FOUR YEARS THAT PROVIDES, AT A  MINIMUM,  FOR  A
REVALUATION IN THE FIRST AND LAST YEAR OF SUCH PLAN, BUT IN NO CASE LESS
THAN  ONCE  EVERY  FOUR YEARS, AND FOR INVENTORY DATA TO BE COLLECTED AT
LEAST ONCE EVERY SIX YEARS;
  2. (A) State assistance pursuant to subdivision one  of  this  section
shall  be  payable  [as follows] in an amount not to exceed five dollars
per parcel for [each separately assessed parcel appearing on the  appli-
cable]  AN  assessment  roll[,  excluding]  UPON  WHICH A REVALUATION IS
IMPLEMENTED IN ACCORDANCE WITH AN APPROVED PLAN, AND NOT TO  EXCEED  TWO
DOLLARS  PER  PARCEL FOR ANY ASSESSMENT ROLL UPON WHICH A REVALUATION IS
NOT IMPLEMENTED IN ACCORDANCE WITH AN APPROVED PLAN. THE AMOUNT  PAYABLE
ON  A  PER PARCEL BASIS SHALL EXCLUDE parcels which are wholly exempt or
assessed by the state board[:  (a) Triennial aid shall be  payable  when
the  state  board  determines  that the assessing unit has implemented a
revaluation or update that includes the reinspection and reappraisal  of
all locally assessed properties.  However, no assessing unit may qualify
for  this  payment more than once in a three year period, and no aid may
be paid pursuant to this paragraph with respect to any  assessment  roll
filed after the year two thousand eleven.
  (b)  (i)  Annual  aid shall be payable when the state board determines
that the assessing unit has maintained  an  equitable  assessment  roll.
Such  determination  shall  be  made in accordance with standards estab-
lished pursuant to regulations promulgated by the state  board,  subject
to  the  approval of the director of the budget, and shall be based upon
criteria including but not limited to:
  (A) annually maintaining assessments at the percentage of value speci-
fied in subdivision one of this section;
  (B) annually conducting a systematic analysis of all locally  assessed
properties using a methodology specified in such regulations;
  (C)  annually revising assessments as necessary to maintain the stated
uniform percentage of value; and

S. 6606--A                         235                        A. 9706--A

  (D) implementing a local program for physically inspecting  and  reap-
praising each parcel at least once every six years.
  (E)  Such  standards shall contain ranges of acceptable performance as
determined by the state board in accordance with  nationally  recognized
assessment methods.
  (ii)  No  aid shall be paid pursuant to this paragraph with respect to
any assessment roll which receives triennial aid pursuant  to  paragraph
(a) of this subdivision].
  [(iii)]  (B)  ANY ASSESSING UNIT THAT FAILS TO IMPLEMENT A REVALUATION
AS PRESCRIBED IN AN APPROVED PLAN SHALL REMIT  TO  THE  STATE  THE  FULL
AMOUNT  OF  ANY  STATE AID RECEIVED PURSUANT TO THIS SUBDIVISION FOR THE
ASSESSMENT ROLLS FOLLOWING THE ONE UPON WHICH THE  MOST  RECENT  REVALU-
ATION WAS IMPLEMENTED.
  (C)  NOTHING  HEREIN SHALL BE DEEMED TO PREVENT AN ASSESSING UNIT FROM
WITHDRAWING FROM AN APPROVED PLAN. ANY ASSESSING UNIT THAT DOES SO SHALL
ONLY BE RESPONSIBLE FOR REMISSION OF PER PARCEL PAYMENTS FOR NON-REVALU-
ATION YEARS.
  (D) No grant awarded to any individual assessing  unit  in  any  given
year  pursuant  to  this  subdivision shall exceed five hundred thousand
dollars.
  S 2. This act shall take effect immediately and shall apply to assess-
ment rolls with taxable status dates occurring on  and  after  March  1,
2010.

                                 PART Z

  Section  1. Clause 2 of subparagraph (viii) of paragraph a of subdivi-
sion 10 of section 54 of the state finance law, as amended by section  5
of  part  GG  of  chapter  56 of the laws of 2009, 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, EXCLUDING ANY DEFICIT REDUCTION ADJUST-
MENT  PURSUANT TO PARAGRAPH E-1 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 pursu-
ant to paragraph e of this subdivision plus any additional aid  received
in such year pursuant to paragraph p of this subdivision.
  S  2. Paragraph b of subdivision 10 of section 54 of the state finance
law, as amended by section 2 of part O of chapter  56  of  the  laws  of
2008, is amended to read as follows:
  b.  Base  level  grants.  (I) Within amounts appropriated in the state
fiscal year commencing April first, two thousand seven and in each state
fiscal year thereafter, there shall be apportioned and paid to a  county
with  a  population  of less than one million but more than nine hundred
twenty-five thousand according to the federal decennial  census  of  two
thousand,  cities  with a population of less than one million, towns and
villages a base level grant in an amount equal to  the  prior  year  aid
received by such county, city, town or village.
  (II)  NOTWITHSTANDING  SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH,  WITHIN
AMOUNTS APPROPRIATED IN THE STATE FISCAL YEAR  COMMENCING  APRIL  FIRST,
TWO  THOUSAND  TEN,  THERE SHALL BE APPORTIONED AND PAID TO EACH MUNICI-
PALITY A BASE LEVEL GRANT IN AN AMOUNT  EQUAL  TO  THE  PRIOR  YEAR  AID
RECEIVED BY SUCH MUNICIPALITY MINUS A BASE LEVEL GRANT ADJUSTMENT CALCU-
LATED IN ACCORDANCE WITH CLAUSE TWO OF THIS SUBPARAGRAPH.

S. 6606--A                         236                        A. 9706--A

  (1) WHEN USED IN THIS SUBPARAGRAPH, UNLESS OTHERWISE EXPRESSLY STATED:
  (A)  "2008-09  AIM FUNDING" SHALL MEAN THE SUM OF THE BASE LEVEL GRANT
PURSUANT TO THIS PARAGRAPH, ADDITIONAL ANNUAL APPORTIONMENT PURSUANT  TO
PARAGRAPH D OF THIS SUBDIVISION, PER CAPITA ADJUSTMENT PURSUANT TO PARA-
GRAPH  E  OF  THIS SUBDIVISION AND SPECIAL AID AND INCENTIVES TO CERTAIN
ELIGIBLE CITIES AS APPROPRIATED IN CHAPTER FIFTY  OF  THE  LAWS  OF  TWO
THOUSAND  EIGHT,  AS  AMENDED BY CHAPTER ONE OF THE LAWS OF TWO THOUSAND
NINE, APPORTIONED AND PAID TO SUCH MUNICIPALITY IN THE STATE FISCAL YEAR
COMMENCING APRIL FIRST, TWO THOUSAND EIGHT.
  (B) "2008 TOTAL REVENUES" SHALL MEAN "TOTAL REVENUES" FOR SUCH MUNICI-
PALITY AS REPORTED IN THE STATE COMPTROLLER'S SPECIAL  REPORT  ON  LOCAL
GOVERNMENT  FINANCES  FOR NEW YORK STATE FOR LOCAL FISCAL YEARS ENDED IN
TWO THOUSAND EIGHT.
  (C) "AIM RELIANCE" SHALL MEAN  2008-09  AIM  FUNDING  EXPRESSED  AS  A
PERCENTAGE OF 2008 TOTAL REVENUES.
  (2) THE BASE LEVEL GRANT ADJUSTMENT SHALL EQUAL:
  (A)  TWO  PERCENT  OF  PRIOR YEAR AID IF AIM RELIANCE WAS AT LEAST TEN
PERCENT, OR
  (B) FIVE PERCENT OF PRIOR YEAR AID IF AIM RELIANCE WAS LESS  THAN  TEN
PERCENT.
  (III)  NOTWITHSTANDING  SUBPARAGRAPH  (I)  OF THIS PARAGRAPH, A COUNTY
WITH A POPULATION OF LESS THAN ONE MILLION BUT MORE  THAN  NINE  HUNDRED
TWENTY-FIVE  THOUSAND  ACCORDING  TO THE FEDERAL DECENNIAL CENSUS OF TWO
THOUSAND SHALL NOT RECEIVE A BASE LEVEL GRANT IN THE STATE  FISCAL  YEAR
COMMENCING  APRIL  FIRST,  TWO  THOUSAND TEN OR IN ANY STATE FISCAL YEAR
THEREAFTER.
  S 3. Paragraph i of subdivision 10 of section 54 of the state  finance
law is amended by adding a new subparagraph (vii) to read as follows:
  (VII) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN THE STATE
FISCAL  YEAR  COMMENCING  APRIL  FIRST, TWO THOUSAND TEN, THE BASE LEVEL
GRANT ADJUSTMENT PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH  B  OF  THIS
SUBDIVISION SHALL BE MADE ON OR BEFORE SEPTEMBER TWENTY-FIFTH FOR A TOWN
OR VILLAGE, ON OR BEFORE DECEMBER FIFTEENTH FOR A CITY WHOSE FISCAL YEAR
BEGINS  JANUARY FIRST, AND ON OR BEFORE MARCH FIFTEENTH FOR A CITY WHOSE
FISCAL YEAR DOES NOT BEGIN ON JANUARY FIRST.
  S 4. Paragraph j of subdivision 10 of section 54 of the state  finance
law,  as  amended  by  section 3 of part D of chapter 503 of the laws of
2009, 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,  [and  in  each  state
fiscal year thereafter,] a city with a population of one million or more
shall receive three hundred one million six hundred fifty-eight thousand
four   hundred   ninety-five  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;

S. 6606--A                         237                        A. 9706--A

  (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.
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.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.

                                 PART AA

  Section 1. Subdivision 2 of section 54-l of the state finance law,  as
amended  by  section  1 of part KK of chapter 56 of the laws of 2009, is
amended to read as follows:
  2. Within amounts appropriated  therefor,  an  eligible  city  and  an
eligible municipality shall receive a state aid payment as follows:
  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

S. 6606--A                         238                        A. 9706--A

within such eligible municipality as follows:  (1)  twenty-five  percent
shall  be  apportioned  and  paid  to  the  county; and (2) seventy-five
percent shall be apportioned and paid on a pro rata  basis  to  eligible
municipalities, other than the county, based upon the population of such
eligible  municipalities.  Such state aid payment shall not exceed twen-
ty-five percent of an  eligible  municipality's  total  expenditures  as
reported  in  the statistical report of the comptroller in the preceding
state fiscal year pursuant to section thirty-seven of the general munic-
ipal law; [and] (ii) for the state fiscal year commencing  April  first,
two  thousand  nine [and for each state fiscal year thereafter]: (1) for
an eligible municipality which is located in a county that has a poverty
rate equal to or greater than seventy-five percent of the New York state
poverty rate, an amount equal to the state aid payment received  in  the
state  fiscal  year  commencing April first, two thousand eight; and (2)
for an eligible municipality which is located in a  county  that  has  a
poverty rate less than seventy-five percent of the New York state pover-
ty  rate,  an  amount  equal  to  fifty percent of the state aid payment
received in the state fiscal year commencing April first,  two  thousand
eight;  AND  (III) FOR THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO
THOUSAND TEN AND FOR EACH STATE FISCAL YEAR THEREAFTER, AN AMOUNT  EQUAL
TO  NINETY PERCENT OF THE STATE AID PAYMENT RECEIVED IN THE STATE FISCAL
YEAR COMMENCING APRIL FIRST, TWO THOUSAND NINE.
  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, 2010.

                                 PART BB

  Section 1. The legislative law is amended by adding a new section 51-a
to read as follows:
  S  51-A.  MORATORIUM  ON UNFUNDED MANDATES. 1. DEFINITIONS. AS USED IN
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "LOCAL GOVERNMENT" MEANS A COUNTY,  CITY,  TOWN,  VILLAGE,  SCHOOL
DISTRICT, OR SPECIAL DISTRICT.
  (B)  "NET  ADDITIONAL COST" MEANS THE COST OR COSTS INCURRED OR ANTIC-
IPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A LOCAL GOVERNMENT  IN
PERFORMING  OR  ADMINISTERING  ANY  PROGRAM,  PROJECT, OR ACTIVITY AFTER
SUBTRACTING THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH  LOCAL
GOVERNMENT  IN RELATION TO SUCH PROGRAM, PROJECT, OR ACTIVITY, INCLUDING
BUT NOT LIMITED TO:
  (I) FEES CHARGED TO THE RECIPIENTS OF SUCH PROGRAM, PROJECT, OR ACTIV-
ITY;
  (II) STATE OR FEDERAL FUNDS RECEIVED FOR  SUCH  PROGRAM,  PROJECT,  OR
ACTIVITY; AND
  (III)  AN  OFFSETTING  SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY  OTHER  PROGRAM,  PROJECT,  OR  ACTIVITY  THAT  STATE  LAW
REQUIRES SUCH LOCAL GOVERNMENT TO PROVIDE OR UNDERTAKE.
  (C) "UNFUNDED MANDATE" MEANS:
  (I)  ANY  STATE  LAW  THAT  REQUIRES  A LOCAL GOVERNMENT TO PROVIDE OR
UNDERTAKE ANY NEW PROGRAM, PROJECT OR ACTIVITY THAT RESULTS IN AN ANNUAL
NET ADDITIONAL COST TO ANY LOCAL GOVERNMENT IN EXCESS  OF  TEN  THOUSAND
DOLLARS  OR AN AGGREGATE ANNUAL NET ADDITIONAL COST TO ALL LOCAL GOVERN-
MENTS WITHIN THE STATE IN EXCESS OF ONE MILLION DOLLARS; OR
  (II) ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO PROVIDE A HIGH-
ER LEVEL OF SERVICE OR FUNDING  FOR  AN  EXISTING  PROGRAM,  PROJECT  OR
ACTIVITY  THAT  RESULTS  IN  AN  ANNUAL NET ADDITIONAL COST TO ANY LOCAL
GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS OR AN AGGREGATE ANNUAL  NET

S. 6606--A                         239                        A. 9706--A

ADDITIONAL  COST  TO ALL LOCAL GOVERNMENTS WITHIN THE STATE IN EXCESS OF
ONE MILLION DOLLARS; OR
  (III)  ANY STATE LAW THAT REQUIRES A LOCAL GOVERNMENT TO GRANT ANY NEW
PROPERTY TAX EXEMPTION OR THAT BROADENS THE ELIGIBILITY OR INCREASES THE
DOLLAR AMOUNT OF ANY EXISTING PROPERTY TAX EXEMPTION, ON  PROPERTY  THAT
OTHERWISE  WOULD  HAVE  GENERATED REVENUE UNDER THE CURRENT PROPERTY TAX
RATE OF SUCH LOCAL GOVERNMENT IN EXCESS OF TEN THOUSAND DOLLARS  IN  ANY
LOCAL GOVERNMENT OR IN EXCESS OF ONE MILLION DOLLARS STATEWIDE; OR
  (IV) ANY STATE LAW WITH A LEGAL REQUIREMENT THAT WOULD OTHERWISE LIKE-
LY  HAVE  THE EFFECT OF RAISING PROPERTY TAXES IN EXCESS OF TEN THOUSAND
DOLLARS IN ANY LOCAL GOVERNMENT OR IN  EXCESS  OF  ONE  MILLION  DOLLARS
STATEWIDE.
  2.   MORATORIUM   ON  UNFUNDED  MANDATES.  NOTWITHSTANDING  ANY  OTHER
PROVISION OF LAW, NO UNFUNDED MANDATES SHALL BE ENACTED.
  3. EXEMPTIONS. (A) A STATE LAW SHALL NOT  BE  CONSIDERED  AN  UNFUNDED
MANDATE WHERE SUCH LAW:
  (I) IS REQUIRED BY A COURT ORDER OR JUDGMENT; OR
  (II)  IS  PROVIDED  AT  THE OPTION OF THE LOCAL GOVERNMENT UNDER A LAW
THAT IS PERMISSIVE RATHER THAN MANDATORY; OR
  (III) RESULTS FROM THE PASSAGE OF A HOME RULE MESSAGE WHEREBY A  LOCAL
GOVERNMENT REQUESTS AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE SPECI-
FIED  IN THE STATUTE, AND THE STATUTE IMPOSES COSTS ONLY UPON THAT LOCAL
GOVERNMENT WHICH  REQUESTS  THE  AUTHORITY  TO  IMPOSE  THE  PROGRAM  OR
SERVICE; OR
  (IV)  IS  REQUIRED  BY  STATUTE  OR  EXECUTIVE ORDER THAT IMPLEMENTS A
FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE FEDERAL
GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR  EXECU-
TIVE  ORDER  RESULTS  IN  COSTS  WHICH  EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT; OR
  (V) IS IMPOSED ON BOTH GOVERNMENT AND NON-GOVERNMENT ENTITIES  IN  THE
SAME OR SUBSTANTIALLY SIMILAR CIRCUMSTANCES; OR
  (VI)  REPEALS  OR  REVISES A STATE LAW TO EASE AN EXISTING REQUIREMENT
THAT A LOCAL GOVERNMENT PROVIDE OR  UNDERTAKE  A  PROGRAM,  PROJECT,  OR
ACTIVITY,  OR REAPPORTIONS THE COSTS OF ACTIVITIES BETWEEN LOCAL GOVERN-
MENTS; OR
  (VII) IS NECESSARY TO PROTECT AGAINST AN IMMEDIATE  THREAT  TO  PUBLIC
HEALTH OR SAFETY.
  (B) THE EFFECTIVE DATE OF ANY ACT ESTABLISHING A MANDATE SHALL PROVIDE
A  REASONABLE TIME FOR THE STATE AND ANY LOCAL GOVERNMENT TO PLAN IMPLE-
MENTATION THEREOF AND SHALL  BE  CONSISTENT  WITH  THE  AVAILABILITY  OF
REQUIRED FUNDS.
  S 2. Section 51 of the legislative law, as added by chapter 985 of the
laws of 1983, is amended to read as follows:
  S 51. Fiscal [impact] notes on bills affecting political subdivisions.
1.  For  the  purpose  of this section, the term "political subdivision"
means any county,  city,  town,  village,  special  district  or  school
district.
  2.  [The  legislature shall by concurrent resolution of the senate and
assembly prescribe rules requiring fiscal notes to accompany, on a sepa-
rate form, bills and amendments to bills, except as otherwise prescribed
by such rules, which] A BILL THAT would substantially affect the  reven-
ues  or  expenses, or both, of any political subdivision SHALL CONTAIN A
FISCAL NOTE STATING THE ESTIMATED ANNUAL COST TO THE POLITICAL  SUBDIVI-
SION AFFECTED AND THE SOURCE OF SUCH ESTIMATE.
  3. Fiscal notes shall not, however, be required for bills: (a) subject
to  the  provisions of section fifty of this chapter, or (b) accompanied

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by special home rule requests submitted by  political  subdivisions,  or
(c)  which provide discretionary authority to political subdivisions, or
(d) submitted pursuant to section twenty-four of the state finance law.
  4. If the estimate or estimates contained in a fiscal note are inaccu-
rate,  such  inaccuracies  shall  not  affect, impair or invalidate such
bill.
  S 3. This act shall take effect immediately, provided,  however,  that
section  one  of  this  act  shall only apply to laws enacted after such
effective date and shall expire and be deemed repealed four years  after
such effective date.

                                 PART CC

  Section  1.    Section  101 of the general municipal law is amended by
adding a new subdivision 6 to read as follows:
  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. 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

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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
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  3.  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-

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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
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  4.  Subdivision 1 of section 1735 of the public authorities law, as
amended by chapter 345 of the laws  of  2009,  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 fourteen,] shall
not be subject to the provisions of  section  one  hundred  one  of  the
general municipal law.
  S  5.  Section  19  of  chapter  738 of the laws of 1988, amending the
administrative code of the city of New York, the public authorities  law
and other laws relating to the New York city school construction author-
ity,  as  amended by chapter 345 of the laws of 2009, 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, 2014].
  S  6.  This  act  shall  take effect immediately and 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.

                                 PART DD

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  Section 1. 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 2. 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 3. 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
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  4.  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 5. This act shall take effect immediately.

S. 6606--A                         244                        A. 9706--A

                                 PART EE

  Section  1.   Section 180 of the agriculture and markets law, as added
by chapter 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, SUCH 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 2. Section 775 of the county law is amended to read as follows:
  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.

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  S  3.  Subdivision  7  of section 176-b of the town law, as separately
amended by chapters 302, 314, 468 and  474  of  the  laws  of  2009,  is
amended to read as follows:
  7.  (A)  The  membership  of  any  volunteer  firefighter shall not be
continued pursuant to subdivision five  of  this  section,  and  persons
shall  not  be elected to membership pursuant to subdivision six of this
section, if, by so doing, the percentage of such non-resident members in
the fire company would  exceed  forty-five  per  centum  of  the  actual
membership of the fire company, provided however, that the provisions of
this  subdivision  shall  not  apply  to  the memberships of the Shelter
Island Heights fire district, the Cherry Grove fire district,  the  Fire
Island Pines fire district, the Davis Park fire department, and the Cold
Spring  Harbor  fire  district  in  Suffolk county, the New Hampton fire
district, the Mechanicstown fire district, the Pocatello fire  district,
the  Washington Heights fire district and the Good Will fire district in
Orange county, the Jericho fire district and the Westbury fire  district
in  Nassau  county, the Orangeburg fire district in Rockland county, the
South Lockport Fire Company  and  the  Terry's  Corners  volunteer  fire
company  in  Niagara  County, the Taunton fire district and the Onondaga
Hill fire department in  Onondaga  county,  the  Town  of  Batavia  fire
department in Genesee County, the Schuyler Heights fire district and the
Slingerlands  fire  district  I in Albany county, the town of Providence
fire district in Saratoga county, the River Road fire district, No. 3 in
Erie county, the Sir William Johnson Fire Company in Fulton county,  the
Fort  Johnson  Fire  district in Montgomery county or the memberships of
the Millwood fire district, the Purchase Fire District, the North Castle
South Fire District, No. 1 in Westchester  county,  the  Thornwood  fire
company, No. 1 in Westchester county and the Rockland Lake fire district
in Rockland county.
  (B)  UPON  APPLICATION BY A FIRE DISTRICT OR FIRE COMPANY TO THE STATE
FIRE ADMINISTRATOR, THE REQUIREMENTS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION  SHALL  BE  WAIVED, PROVIDED THAT NO ADJACENT FIRE DISTRICT OBJECTS
WITHIN SIXTY DAYS OF NOTICE, PUBLISHED IN THE STATE REGISTER.  ANY  SUCH
OBJECTION  SHALL  BE  MADE  IN  WRITING  TO THE STATE FIRE ADMINISTRATOR
SETTING FORTH THE REASONS SUCH WAIVER SHOULD NOT BE  GRANTED.  IN  CASES
WHERE AN OBJECTION IS PROPERLY FILED, THE STATE FIRE ADMINISTRATOR SHALL
HAVE  THE  AUTHORITY  TO  GRANT  A  WAIVER UPON CONSIDERATION OF (1) THE
DIFFICULTY OF THE FIRE COMPANY OR DISTRICT IN RETAINING  AND  RECRUITING
ADEQUATE  PERSONNEL;  (2)  ANY  ALTERNATIVE  MEANS AVAILABLE TO THE FIRE
COMPANY OR DISTRICT TO ADDRESS SUCH DIFFICULTIES; AND (3) THE IMPACT  OF
SUCH WAIVER ON ADJACENT FIRE DISTRICTS.
  S 4. Section 578 of the real property tax law, as added by chapter 636
of the laws of 1970, is amended to read as follows:
  S  578.  County assistance under cooperative agreements. 1. The legis-
lative bodies of the counties and the governing boards  of  the  cities,
towns,  villages  and  school  districts or appropriate officers thereof
authorized by such legislative body or governing board, as the case  may
be,  shall  have  power to enter into contracts with each other for data
processing and other mechanical assistance in the preparation of assess-
ment rolls, tax rolls, tax bills and other assessment and  property  tax
records  and  for  supplies  of  field books, assessment rolls and other
assessment and property tax forms.
  2. THE LEGISLATIVE BODY OF A COUNTY AND  THE  GOVERNING  BODY  OF  ANY
CITY,  TOWN,  VILLAGE OR SCHOOL DISTRICT THEREIN SHALL HAVE THE POWER TO
ENTER INTO CONTRACTS WITH EACH OTHER UNDER WHICH  THE  COUNTY  TREASURER
SHALL  SERVE  AS THE TAX COLLECTING OFFICER FOR SUCH CITY, TOWN, VILLAGE

S. 6606--A                         246                        A. 9706--A

OR SCHOOL DISTRICT. SUCH AN AGREEMENT SHALL BE CONSIDERED  AN  AGREEMENT
FOR THE PROVISION OF A "JOINT SERVICE" FOR PURPOSES OF ARTICLE FIVE-G OF
THE  GENERAL MUNICIPAL LAW. ANY SUCH AGREEMENT SHALL BE APPROVED BY BOTH
THE CITY, TOWN, VILLAGE OR SCHOOL DISTRICT AND THE COUNTY, BY A MAJORITY
VOTE OF THE VOTING STRENGTH OF EACH GOVERNING BODY.
  S 5. This act shall take effect immediately.

                                 PART FF

  Section  1. Subdivision 1 of section 103 of the general municipal law,
as amended by section 1 of part D of chapter 494 of the laws of 2009, 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  [thirty-five]  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 political 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 respon-
sible 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 poli-
tical 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 HER 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] IN DETERMINING WHETHER A PURCHASE IS AN  EXPENDITURE
WITHIN  THE DISCRETIONARY THRESHOLD AMOUNTS ESTABLISHED BY THIS SUBDIVI-
SION, THE OFFICER, BOARD OR AGENCY OF A POLITICAL SUBDIVISION OR OF  ANY
DISTRICT THEREIN SHALL CONSIDER THE REASONABLY EXPECTED AGGREGATE AMOUNT
OF  ALL  PURCHASES OF THE SAME COMMODITIES, SERVICES OR TECHNOLOGY TO BE
MADE WITHIN THE TWELVE-MONTH PERIOD COMMENCING ON THE DATE OF  PURCHASE.
PURCHASES  OF  COMMODITIES,  SERVICES  OR  TECHNOLOGY SHALL NOT BE ARTI-
FICIALLY DIVIDED FOR THE PURPOSE OF SATISFYING THE DISCRETIONARY  BUYING
THRESHOLDS  ESTABLISHED BY THIS SUBDIVISION. A CHANGE TO OR A RENEWAL OF
A DISCRETIONARY PURCHASE SHALL NOT BE PERMITTED IF THE CHANGE OR RENEWAL
WOULD BRING THE REASONABLY EXPECTED AGGREGATE AMOUNT OF ALL PURCHASES OF
THE SAME COMMODITIES, SERVICES OR  TECHNOLOGY  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.  BIDS  MAY  BE  submitted  in  an  electronic  format  INCLUDING
SUBMISSION OF THE STATEMENT OF NON-COLLUSION  REQUIRED  BY  SECTION  ONE
HUNDRED  THREE-D  OF  THIS ARTICLE, 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 political subdivision
or district. Any method used to receive  electronic  bids  shall  comply
with  article three of the state technology law, and any rules and regu-

S. 6606--A                         247                        A. 9706--A

lations promulgated and guidelines developed thereunder and, at a  mini-
mum, 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 confi-
dentiality of the bid until the time and date established for the  open-
ing  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 responsibility solely of
each bidder or prospective bidder. No political subdivision 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  2.  Subdivision  1  of section 103 of the general municipal law, as
amended by chapter 413 of the laws  of  1991,  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 DETERMINING WHETHER A
PURCHASE IS AN EXPENDITURE WITHIN THE  DISCRETIONARY  THRESHOLD  AMOUNTS
ESTABLISHED BY THIS SUBDIVISION, THE OFFICER, BOARD OR AGENCY OF A POLI-
TICAL  SUBDIVISION OR OF ANY DISTRICT THEREIN SHALL CONSIDER THE REASON-
ABLY EXPECTED AGGREGATE AMOUNT OF ALL PURCHASES OF THE SAME COMMODITIES,
SERVICES OR  TECHNOLOGY  TO  BE  MADE  WITHIN  THE  TWELVE-MONTH  PERIOD
COMMENCING  ON  THE DATE OF PURCHASE. PURCHASES OF COMMODITIES, SERVICES
OR TECHNOLOGY SHALL NOT BE  ARTIFICIALLY  DIVIDED  FOR  THE  PURPOSE  OF
SATISFYING  THE  DISCRETIONARY  BUYING  THRESHOLDS  ESTABLISHED  BY THIS
SUBDIVISION. A CHANGE TO OR A RENEWAL OF A DISCRETIONARY PURCHASE  SHALL
NOT  BE  PERMITTED  IF  THE CHANGE OR RENEWAL WOULD BRING THE REASONABLY
EXPECTED AGGREGATE AMOUNT OF ALL  PURCHASES  OF  THE  SAME  COMMODITIES,
SERVICES  OR  TECHNOLOGY  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.  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 agen-
cy may award the contract to any of such bidders. Such officer, board or
agency  may, in his, HER or its discretion, reject all bids and readver-
tise for new bids in the manner provided by this section.
  S 3. Subdivision 5 of section 103 of the  general  municipal  law,  as
amended  by  chapter  413  of  the  laws  of 1991, is amended to read as
follows:
  5. Upon the adoption of a resolution by a  vote  of  at  least  three-
fifths  of all the members of the governing body of a political subdivi-
sion or district therein stating that,  for  reasons  of  efficiency  or
economy,  there  is  need  for standardization, purchase contracts for a
particular type or kind of equipment, material or supplies [of more than

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ten thousand dollars] IN EXCESS OF  THE  MONETARY  THRESHOLD  FIXED  FOR
PURCHASE  CONTRACTS  IN  THIS  SECTION may be awarded by the appropriate
officer, board or agency of  such  political  subdivision  or  any  such
district  therein,  to  the  lowest  responsible  bidder  furnishing the
required security after advertisement for [sealed] bids therefor in  the
manner  provided  in  this section. Such resolution shall contain a full
explanation of the reasons for its adoption.
  S 4. Section 103-d of the general municipal law, as amended by chapter
675 of the laws of 1966, is amended to read as follows:
  S 103-d. Statement of non-collusion in bids and proposals to political
subdivision of the state. 1. Every bid or proposal hereafter made  to  a
political  subdivision  of the state or any public department, agency or
official thereof where competitive bidding is required by statute, rule,
regulation or local law,  for  work  or  services  performed  or  to  be
performed  or  goods  sold  or  to  be sold, shall contain the following
statement subscribed by the bidder and affirmed by such bidder  as  true
under the penalties of perjury: Non-collusive bidding certification.
  "(a) By submission of this bid, each bidder and each person signing on
behalf  of  any  bidder  certifies,  and in the case of a joint bid each
party thereto certifies as to its own  organization,  under  penalty  of
perjury, that to the best of knowledge and belief:
  (1)  The prices in this bid have been arrived at independently without
collusion, consultation, communication, or agreement, for the purpose of
restricting competition, as to any matter relating to such  prices  with
any other bidder or with any competitor;
  (2) Unless otherwise required by law, the prices which have been quot-
ed  in this bid have not been knowingly disclosed by the bidder and will
not knowingly be disclosed by the bidder prior to opening,  directly  or
indirectly, to any other bidder or to any competitor; and
  (3)  No  attempt has been made or will be made by the bidder to induce
any other person, partnership or corporation to submit or not to  submit
a bid for the purpose of restricting competition. "
  (A-1)  NOTWITHSTANDING  THE  FOREGOING, THE STATEMENT OF NON-COLLUSION
MAY BE SUBMITTED ELECTRONICALLY IN ACCORDANCE  WITH  THE  PROVISIONS  OF
SUBDIVISION  ONE  OF  SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL
LAW.
  (b) A bid shall not be considered for award nor  shall  any  award  be
made  where  (a)  (1)  (2)  and  (3)  above have not been complied with;
provided however, that if in any case the bidder cannot make the forego-
ing certification, the bidder shall so state and shall furnish with  the
bid  a signed statement which sets forth in detail the reasons therefor.
Where (a) (1) (2) and (3) above have not been  complied  with,  the  bid
shall not be considered for award nor shall any award be made unless the
head of the purchasing unit of the political subdivision, public depart-
ment, agency or official thereof to which the bid is made, or his desig-
nee,  determines  that  such  disclosure was not made for the purpose of
restricting competition.
  The fact that a bidder  (a)  has  published  price  lists,  rates,  or
tariffs  covering  items  being  procured,  (b) has informed prospective
customers of proposed or pending publication of  new  or  revised  price
lists  for such items, or (c) has sold the same items to other customers
at the same prices being bid,  does  not  constitute,  without  more,  a
disclosure within the meaning of subparagraph one (a).
  2. Any bid hereafter made to any political subdivision of the state or
any  public department, agency or official thereof by a corporate bidder
for work or services performed or to be performed or goods sold or to be

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sold, where competitive bidding is  required  by  statute,  rule,  regu-
lation,  or  local  law,  and  where such bid contains the certification
referred to in subdivision one of this section, shall be deemed to  have
been  authorized  by  the  board  of  directors  of the bidder, and such
authorization shall be deemed to include the signing and  submission  of
the bid and the inclusion therein of the certificate as to non-collusion
as the act and deed of the corporation.
  S  5.  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 OR SUCCESSOR REGULATIONS,  WHICHEVER  IS  APPLICABLE.
ADHERENCE  TO  SUCH  PROCEDURES  SHALL  CONSTITUTE  COMPLIANCE  WITH THE
COMPETITIVE BIDDING REQUIREMENTS 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-
SION OR DISTRICT, ADOPTED PURSUANT TO SECTION ONE HUNDRED FOUR-B OF THIS
ARTICLE.
  S 6. 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 services; CERTAIN FEDERAL
CONTRACTS. 1. Notwithstanding the  provisions  of  section  one  hundred

S. 6606--A                         250                        A. 9706--A

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 ther-
ein, 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  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 pursu-
ant to section 1555 of the federal acquisition streamlining act of 1994,
P.L. 103-355]; provided that any such purchase 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 ambulance services."
  2. 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, OR OF  A  DISTRICT  THEREIN,
MAY  MAKE  PURCHASES  FROM FEDERAL GENERAL SERVICE ADMINISTRATION SUPPLY
SCHEDULES PURSUANT TO SECTION 211 OF THE  FEDERAL  E-GOVERNMENT  ACT  OF
2002, P.L. 107-347, AND PURSUANT TO SECTION 1122 OF THE NATIONAL DEFENSE
AUTHORIZATION  ACT  FOR FISCAL YEAR 1994, P.L. 103-160, OR ANY SUCCESSOR
SCHEDULES IN ACCORDANCE WITH PROCEDURES  ESTABLISHED  PURSUANT  THERETO.
PRIOR  TO  MAKING  SUCH  PURCHASES  THE  OFFICER,  BOARD OR AGENCY SHALL
CONSIDER WHETHER SUCH PURCHASES WILL RESULT IN COST  SAVINGS  AFTER  ALL
FACTORS,  INCLUDING  CHARGES  FOR  SERVICE, MATERIAL, AND DELIVERY, HAVE
BEEN CONSIDERED.
  S 7. Subdivision 2 of section 103 of the  general  municipal  law,  as
amended  by  section  5  of part X of chapter 62 of the laws of 2003, is
amended to read as follows:
  2. Advertisement for bids shall be published in the official newspaper
or newspapers, if any, or otherwise in a newspaper or newspapers  desig-
nated  for  such  purpose, OR IN THE STATEWIDE PROCUREMENT OPPORTUNITIES
NEWSLETTER. Such advertisement shall contain a  statement  of  the  time
when  and  place where all bids received pursuant to such notice will be
publicly opened and read, and the designation of the receiving device if
the political subdivision or district has authorized the receipt of bids
in an electronic format. Such board or agency may by  resolution  desig-
nate  any  officer  or  employee  to open the bids at the time and place
specified in the notice. Such designee shall make a record of such  bids
in such form and detail as the board or agency shall prescribe and pres-
ent  the  same  at  the next regular or special meeting of such board or
agency. All bids received shall be publicly opened and read at the  time
and  place  so  specified.  At  least five days shall elapse between the

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first publication of such advertisement and the date  so  specified  for
the opening and reading of bids.
  S  8.  Subdivision  2  of section 103 of the general municipal law, as
amended by chapter 296 of the laws  of  1958,  is  amended  to  read  as
follows:
  2. Advertisement for bids shall be published in the official newspaper
or  newspapers, if any, or otherwise in a newspaper or newspapers desig-
nated for such purpose, OR IN THE  STATEWIDE  PROCUREMENT  OPPORTUNITIES
NEWSLETTER.    Such  advertisement shall contain a statement of the time
when and place where all bids received pursuant to such notice  will  be
publicly  opened and read. Such board or agency may by resolution desig-
nate any officer or employee to open the bids  at  the  time  and  place
specified  in the notice. Such designee shall make a record of such bids
in such form and detail as the board or agency shall prescribe and pres-
ent the same at the next regular or special meeting  of  such  board  or
agency.  All bids received shall be publicly opened and read at the time
and place so specified. At least five  days  shall  elapse  between  the
first  publication  of  such advertisement and the date so specified for
the opening and reading of bids.
  S 9. Subdivisions 1 and 4 of section 142 of the  economic  development
law,  as amended by chapter 137 of the laws of 2008, are amended to read
as follows:
  1. The commissioner shall publish  on  a  daily  basis  a  procurement
opportunities  newsletter,  which  shall  contain notices of procurement
contract opportunities and any other information the commissioner  deems
necessary  to  effectuate  the  purposes  of  this  article. [Notices of
procurement contract opportunities shall be available  on  the  internet
for at least fifteen days.]
  4. The commissioner may publish in the procurement opportunities news-
letter  (a)  notices of procurement opportunities originating from poli-
tical subdivisions of the state or business enterprises, and (b) notices
from government or potential government contractors seeking  subcontrac-
tors  and  suppliers,  in such form and manner as the commissioner shall
determine. The commissioner may charge a fee for the publication of such
notices of procurement opportunities based upon the amounts estimated to
be necessary to defray the expenses of preparing, publishing,  marketing
and  distributing  such additional notices of procurement opportunities.
NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL,  SPECIAL  OR  LOCAL
LAW TO THE CONTRARY, THE PUBLICATION REQUIREMENTS SHALL BE DEEMED SUFFI-
CIENT FOR ANY AGENCY OR POLITICAL SUBDIVISION OF THE STATE WITH PUBLICA-
TION OF SUCH NOTICES OF PROCUREMENT OPPORTUNITIES OR OTHER SOLICITATIONS
IN THE PROCUREMENT OPPORTUNITIES NEWSLETTER.
  S  10. Subdivision 7 of section 163 of the state finance law, as sepa-
rately amended by sections 12 and 20 of chapter 137 of the laws of 2008,
is amended to read as follows:
  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  INCLUDING SUBMISSION OF THE
STATEMENT OF NON-COLLUSION REQUIRED BY SECTION ONE HUNDRED THIRTY-NINE-D
OF THE STATE FINANCE LAW  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  determi-
nation,  which  shall be documented in the procurement record, that such

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method affords a fair and  equal  opportunity  for  offerers  to  submit
responsive  offers. Except where otherwise provided by law, procurements
shall be competitive, and state agencies shall  conduct  formal  compet-
itive  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  procure-
ment  record and in advance of the initial receipt of offers, the deter-
mination 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.
  S 11. Subdivision 1 of section 139-d  of  the  state  finance  law  is
amended by adding a new paragraph (a-1) to read as follows:
  (A-1)  NOTWITHSTANDING  THE  FOREGOING, THE STATEMENT OF NON-COLLUSION
MAY BE SUBMITTED ELECTRONICALLY IN ACCORDANCE  WITH  THE  PROVISIONS  OF
SUBDIVISION  SEVEN  OF  SECTION  ONE  HUNDRED  SIXTY-THREE  OF THE STATE
FINANCE LAW.
  S 12. Section 20 of the public buildings law, as  amended  by  chapter
640 of the laws of 1989, is amended to read as follows:
  S 20. Work  done  by  special  order.    The  commissioner  of general
services  shall  determine  when  minor  work  of  construction,  recon-
struction,  alteration  or  repair  of any state building may be done by
special  order.  Special  orders  for  such  work  shall  be  short-form
contracts  approved  by  the attorney general and by the comptroller. No
work shall be done by special order in an amount in  excess  of  [fifty]
ONE  HUNDRED  thousand  dollars  and  a  bond  shall not be required for
special orders. No work shall  be  done  by  special  order  unless  the
commissioner  has presented to the comptroller evidence that he has made
a diligent effort to obtain competition sufficient to protect the inter-
ests of the state prior to selecting the contractor to perform the work.
Notwithstanding the provisions of subdivision two of  section  eight  of
this  chapter,  work  done  by  special  order under this section may be
advertised solely through the regular public notification service of the
office of general services.  At least five days shall elapse between the
first publication of such public notice and the date  so  specified  for
the  public  opening  of bids.   All payments on special orders shall be
made on the certificate of the  commissioner  of  general  services  and
audited  and approved by the state comptroller. All special orders shall
contain a clause that the special order shall only be  deemed  executory
to the extent of the moneys available and no liability shall be incurred
by the state beyond the moneys available for the purpose.
  S  12-a.  Section  255 of the education law is amended by adding a new
subdivision 6 to read as follows:
  6. THE BOARD OF TRUSTEES OF ANY TWO, OR MORE, PUBLIC LIBRARIES, PUBLIC
LIBRARY SYSTEMS, REFERENCE AND RESEARCH LIBRARY  RESOURCES  SYSTEMS,  AS
DEFINED  IN  THIS  CHAPTER,  SHALL  HAVE THE POWER TO ENTER INTO, AMEND,
CANCEL AND TERMINATE AGREEMENTS FOR PERFORMANCE AMONG THEMSELVES OR  ONE
FOR THE OTHER OF THEIR RESPECTIVE FUNCTIONS, FOR THE PURPOSE OF COOPERA-
TIVELY  ADVERTISING  AND  AWARDING  BIDS  FOR  EQUIPMENT,  SUPPLIES  AND
SERVICES, PROVIDED:
  A. SUCH ADVERTISING AND AWARDS HAVE BEEN MADE IN ACCORDANCE  WITH  THE
REQUIREMENTS OF ARTICLE FIVE-A OF THE GENERAL MUNICIPAL LAW;
  B.  THE PURCHASING AND MAKING OF CONTRACTS SHALL BE SUBJECT TO GENERAL
LAWS APPLICABLE THERETO; AND

S. 6606--A                         253                        A. 9706--A

  C. THAT ANY SUCH AGREEMENTS SHALL INCLUDE A MANNER OF  RESPONDING  FOR
ANY  LIABILITIES  THAT  MIGHT  BE INCURRED IN THE OPERATION OF THE JOINT
SERVICE OR AGREEMENT.
  S  13.  This  act shall take effect immediately and shall apply to any
contract let or awarded on or after such date; provided, however, that:
  1. the amendments to subdivision 1  of  section  103  of  the  general
municipal law made by section one of this act shall not affect the expi-
ration  and reversion of such subdivision as provided in subdivision (a)
of section 41 of part X of chapter 62 of the laws of 2003,  as  amended,
when upon such date the provisions of section two of this act shall take
effect; and
  2.  the  amendments to section 103-d of the general municipal law made
by section four of this act shall expire and be deemed repealed  on  the
same date and in the same manner as section 4 of part X of chapter 62 of
the laws of 2003, as provided in subdivision (a) of section 41 of part X
of chapter 62 of the laws of 2003, as amended; and
  3.  the  amendments  to  subdivision  2  of section 103 of the general
municipal law made by section seven of this act  shall  not  affect  the
expiration  and reversion of such subdivision as provided in subdivision
(a) of section 41 of part X of chapter  62  of  the  laws  of  2003,  as
amended, when upon such date the provisions of section eight of this act
shall take effect; and
  4. the amendments to subdivision 7 of section 163 of the state finance
law  made by section ten of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith; and
  5. the amendments to section 139-d of the state finance  law  made  by
section  eleven  of  this act shall expire and be deemed repealed on the
same date and in the same manner as section 33 of chapter 83 of the laws
of 1995, as provided in subdivision 5 of section 362 of  chapter  83  of
the laws of 1995, as amended.

                                 PART GG

  Section  1.  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
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 2. The town law is amended by adding a new section 198-b to read  as
follows:

S. 6606--A                         254                        A. 9706--A

  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 3. 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  4.  The  town law is amended by adding a new section 217 to read as
follows:
  S 217. ABOLITION OF OFFICES OF COMMISSIONERS.  1. RESOLUTION. THE TOWN
BOARD OF ANY TOWN MAY AND WITHIN THIRTY DAYS AFTER THE  DATE  OF  FILING
WITH  THE  TOWN CLERK OF A PETITION MEETING THE REQUIREMENTS OF SUBDIVI-
SION TWO OF THIS SECTION SHALL ADOPT A RESOLUTION CALLING A PUBLIC HEAR-
ING UPON THE ABOLITION OF THE OFFICES OF COMMISSIONERS IN  ANY  DISTRICT
WHOLLY  LOCATED  IN SUCH TOWN, AND THE TRANSFER TO THE TOWN BOARD OF ALL
THE RIGHTS, POWERS AND DUTIES OF SUCH COMMISSIONERS.
  2. PETITION TO  INITIATE.  A.  THE  ELECTORS  OF  A  TOWN  IMPROVEMENT
DISTRICT  MAY PETITION TO ABOLISH THE OFFICES OF COMMISSIONERS BY FILING
AN ORIGINAL PETITION, CONTAINING NOT LESS THAN THE NUMBER OF  SIGNATURES
PROVIDED FOR IN PARAGRAPH B OF THIS SUBDIVISION AND IN THE FORM PROVIDED
FOR  IN  PARAGRAPH  C OF THIS SUBDIVISION, WITH THE CLERK OF THE TOWN IN
WHICH THE IMPROVEMENT DISTRICT IS LOCATED. ACCOMPANYING THE FILED  PETI-
TION  SHALL  BE A COVER SHEET CONTAINING THE NAME, ADDRESS AND TELEPHONE
NUMBER OF AN INDIVIDUAL WHO SIGNED THE PETITION AND WHO WILL SERVE AS  A
CONTACT PERSON.

S. 6606--A                         255                        A. 9706--A

  B.  THE  PETITION SHALL CONTAIN THE SIGNATURES OF AT LEAST TEN PERCENT
OF THE NUMBER OF ELECTORS OR FIVE THOUSAND ELECTORS, WHICHEVER IS  LESS,
IN  THE IMPROVEMENT DISTRICT; PROVIDED, HOWEVER, THAT WHERE THE IMPROVE-
MENT DISTRICT CONTAINS FIVE HUNDRED  OR  FEWER  ELECTORS,  THE  PETITION
SHALL CONTAIN THE SIGNATURES OF AT LEAST TWENTY PERCENT OF THE NUMBER OF
ELECTORS.  NO  SIGNATURE ON A PETITION IS VALID UNLESS IT IS AN ORIGINAL
SIGNATURE OF AN ELECTOR.
  C. A PETITION FOR THE ABOLITION OF THE OFFICES OF COMMISSIONERS  SHALL
SUBSTANTIALLY COMPLY WITH, AND BE CIRCULATED IN, THE FOLLOWING FORM:
       PETITION FOR THE ABOLITION OF THE OFFICES OF COMMISSIONERS
WE,  THE  UNDERSIGNED,  ELECTORS  AND  LEGAL  VOTERS  OF (INSERT NAME OF
DISTRICT), IN THE TOWN OF (INSERT NAME OF TOWN IN WHICH THE DISTRICT  IS
LOCATED),  NEW  YORK,  QUALIFIED  TO VOTE AT THE NEXT GENERAL OR SPECIAL
ELECTION, RESPECTFULLY PETITION THAT THERE BE SUBMITTED TO THE  ELECTORS
OF  (INSERT  NAME  OF  DISTRICT),  FOR  THEIR APPROVAL OR REJECTION AT A
REFERENDUM HELD FOR THAT PURPOSE, A PROPOSAL TO ABOLISH THE  OFFICES  OF
COMMISSIONERS OF (INSERT NAME OF DISTRICT).
IN WITNESS WHEREOF, WE HAVE SIGNED OUR NAMES ON THE DATES INDICATED NEXT
TO OUR SIGNATURES.
     DATE      NAME - PRINT NAME UNDER SIGNATURE       HOME ADDRESSES
1.   _______   _________________________________       ______________
2.   _______   _________________________________       ______________
3.   _______   _________________________________       ______________
(ON  THE  BOTTOM OF EACH PAGE OF THE PETITION, AFTER ALL OF THE NUMBERED
SIGNATURES, INSERT A SIGNED STATEMENT OF A WITNESS WHO IS A DULY  QUALI-
FIED  VOTER OF THE STATE OF NEW YORK. SUCH A STATEMENT SHALL BE ACCEPTED
FOR ALL PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT, AND IF IT CONTAINS A
MATERIAL FALSE STATEMENT, SHALL SUBJECT THE PERSON  SIGNING  IT  TO  THE
SAME  PENALTIES  AS  IF  HE OR SHE HAS BEEN DULY SWORN. THE FORM OF SUCH
STATEMENT SHALL BE SUBSTANTIALLY AS FOLLOWS:

I, (INSERT NAME OF WITNESS), STATE THAT I AM A DULY QUALIFIED  VOTER  OF
THE  STATE  OF NEW YORK. EACH OF THE PERSONS THAT HAVE SIGNED THIS PETI-
TION SHEET CONTAINING (INSERT  NUMBER)  SIGNATURES,  HAVE  SIGNED  THEIR
NAMES  IN  MY PRESENCE ON THE DATES INDICATED ABOVE AND IDENTIFIED THEM-
SELVES TO BE THE SAME PERSON 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  OF  NEW YORK, 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  ELEC-
TORS  AND  LEGAL  VOTERS  WHOSE SIGNATURES APPEAR ON THIS PETITION SHEET
CONTAINING (INSERT NUMBER) SIGNATURES, WHO SIGNED  THE  PETITION  IN  MY
PRESENCE  AND  WHO, BEING BY ME DULY SWORN, EACH FOR HIMSELF OR HERSELF,
IDENTIFIED HIMSELF OR HERSELF AS THE ONE AND SAME PERSON WHO SIGNED  THE
PETITION AND THAT THE FOREGOING INFORMATION THEY PROVIDED WAS TRUE.
_________    ______________________________________
     DATE    NOTARY PUBLIC OR COMMISSIONER OF DEEDS)

S. 6606--A                         256                        A. 9706--A

  D.   AN  ALTERATION  OR  CORRECTION  OF  INFORMATION  APPEARING  ON  A
PETITION'S SIGNATURE LINE, OTHER THAN AN UNINITIALED SIGNATURE AND DATE,
SHALL NOT INVALIDATE SUCH SIGNATURE.
  E.  IN  MATTERS  OF  FORM,  THIS  SUBDIVISION SHALL BE GIVEN A LIBERAL
CONSTRUCTION, AND PRECISE COMPLIANCE IS NOT REQUIRED.
  F. WITHIN TEN DAYS OF THE FILING OF THE PETITION, THE CLERK WITH  WHOM
THE  PETITION  WAS  FILED SHALL MAKE A FINAL DETERMINATION REGARDING THE
SUFFICIENCY OF THE SIGNATURES ON THE PETITION AND PROVIDE TIMELY WRITTEN
NOTICE OF SUCH DETERMINATION TO THE CONTACT PERSON NAMED  IN  THE  COVER
SHEET  ACCOMPANYING  THE  PETITION. THE CONTACT PERSON OR ANY INDIVIDUAL
WHO SIGNED THE PETITION MAY SEEK JUDICIAL REVIEW OF  SUCH  DETERMINATION
IN  A PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE
LAW AND RULES.
  3. NOTICE. THE TOWN CLERK SHALL GIVE NOTICE OF  SUCH  HEARING  BY  THE
PUBLICATION OF A NOTICE IN AT LEAST ONE BUT NOT MORE THAN TWO NEWSPAPERS
DESIGNATED  PURSUANT TO SUBDIVISION ELEVEN OF SECTION SIXTY-FOUR OF THIS
CHAPTER. SUCH NOTICE SHALL SPECIFY THE TIME WHEN  AND  THE  PLACE  WHERE
SUCH  HEARING WILL BE HELD AND SHALL SPECIFICALLY STATE THAT THE OFFICES
OF COMMISSIONERS ARE PROPOSED TO BE ABOLISHED. THE FIRST PUBLICATION  OF
SUCH  NOTICE SHALL BE AT LEAST TEN DAYS PRIOR TO THE TIME FIXED FOR SUCH
PUBLIC HEARING.
  4. HEARING. THE TOWN BOARD SHALL MEET AT THE TIME AND PLACE  SPECIFIED
IN  SUCH  NOTICE  AND  HEAR ALL PERSONS INTERESTED IN THE SUBJECT MATTER
THEREOF CONCERNING THE SAME.  A. IF THE TOWN BOARD  ADOPTED  THE  RESOL-
UTION  CALLING  THE  PUBLIC HEARING WITHOUT A PETITION TO INITIATE BEING
FILED WITH THE TOWN CLERK PURSUANT TO SUBDIVISION TWO OF  THIS  SECTION,
AND  IF  THE  TOWN BOARD SHALL DETERMINE UPON THE EVIDENCE GIVEN THEREAT
THAT IT IS IN THE PUBLIC INTEREST TO ABOLISH THE OFFICES OF  COMMISSION-
ERS,  THE  BOARD MAY ADOPT A RESOLUTION SUBJECT TO A PERMISSIVE REFEREN-
DUM, SO ABOLISHING THE OFFICES OF COMMISSIONERS.
  B. IF THE TOWN BOARD ADOPTED THE RESOLUTION CALLING THE PUBLIC HEARING
BECAUSE A PETITION TO INITIATE WAS FILED WITH THE TOWN CLERK PURSUANT TO
SUBDIVISION TWO OF THIS SECTION, THE TOWN BOARD SHALL ADOPT A RESOLUTION
ABOLISHING THE OFFICES OF COMMISSIONERS AND SHALL ADOPT A RESOLUTION  TO
HOLD  A  SPECIAL ELECTION UPON THE PROPOSITION AS IF A PETITION HAD BEEN
FILED PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
  5. NOTICE OF  ADOPTION  OF  RESOLUTION.  WITHIN  TEN  DAYS  AFTER  THE
ADOPTION  BY  THE  TOWN  BOARD OF A RESOLUTION ABOLISHING THE OFFICES OF
COMMISSIONERS IN ANY DISTRICT, THE TOWN CLERK SHALL GIVE NOTICE  THEREOF
AT  THE  EXPENSE  OF  THE DISTRICT, BY THE PUBLICATION OF A NOTICE IN AT
LEAST ONE BUT NOT MORE THAN TWO NEWSPAPERS DESIGNATED PURSUANT TO SUBDI-
VISION ELEVEN OF SECTION SIXTY-FOUR OF THIS CHAPTER.  IN  ADDITION,  THE
TOWN CLERK SHALL POST OR CAUSE TO BE POSTED ON THE BULLETIN BOARD IN HIS
OR  HER  OFFICE  A COPY OF SUCH NOTICE. IN THE EVENT THAT THE TOWN MAIN-
TAINS A WEBSITE, SUCH INFORMATION MAY ALSO BE PROVIDED ON  THE  WEBSITE.
SUCH  NOTICE  SHALL SET FORTH THE DATE OF ADOPTION OF THE RESOLUTION AND
CONTAIN AN ABSTRACT OF  SUCH  RESOLUTION  AND  SHALL  SPECIFY  THAT  THE
OFFICES  OF  COMMISSIONERS  SHALL  BE ABOLISHED SUBJECT TO PERMISSIVE OR
MANDATORY (AS APPLICABLE) REFERENDUM.
  6. PETITION. THE RESOLUTION OF THE TOWN BOARD ABOLISHING  THE  OFFICES
OF  COMMISSIONERS  SHALL NOT TAKE EFFECT UNTIL FORTY-FIVE DAYS AFTER ITS
ADOPTION; NOR UNTIL APPROVED BY THE AFFIRMATIVE VOTE OF  A  MAJORITY  OF
THE QUALIFIED ELECTORS OF SUCH DISTRICT VOTING UPON SUCH PROPOSITION, IF
WITHIN  FORTY-FIVE DAYS AFTER ITS ADOPTION, THERE BE FILED WITH THE TOWN
CLERK A PETITION CIRCULATED, SIGNED  AND  AUTHENTICATED  IN  SUBSTANTIAL
COMPLIANCE  WITH THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, THAT

S. 6606--A                         257                        A. 9706--A

CONTAINS THE SIGNATURES OF AT LEAST TWENTY-FIVE PERCENT OF THE NUMBER OF
ELECTORS OR FIFTEEN THOUSAND ELECTORS, WHICHEVER IS LESS,  IN  THE  TOWN
IMPROVEMENT  DISTRICT  PROTESTING AGAINST SUCH RESOLUTION AND REQUESTING
THAT IT BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE DISTRICT AFFECTED,
FOR  THEIR  APPROVAL  OR DISAPPROVAL.   THE TOWN CLERK SHALL CAUSE TO BE
PREPARED AND HAVE AVAILABLE FOR DISTRIBUTION PROPER FORMS FOR THE  PETI-
TION AND SHALL DISTRIBUTE A SUPPLY TO ANY PERSON REQUESTING THE SAME.
  7. NOTICE OF ELECTION. IF SUCH A PETITION SHALL BE FILED WITH THE TOWN
CLERK,  THE  TOWN  BOARD  SHALL ADOPT A RESOLUTION SPECIFYING A DATE NOT
LESS THAN TWENTY NOR MORE THAN THIRTY DAYS THEREAFTER FOR THE HOLDING OF
A SPECIAL ELECTION, FIXING THE HOURS  OF  OPENING  AND  CLOSING  OF  THE
POLLS,  DESIGNATING  THE  VOTING  PLACE  AND SETTING FORTH, IN FULL, THE
PROPOSITION TO BE VOTED UPON. THE TOWN BOARD SHALL  DESIGNATE  A  VOTING
PLACE AND NOT LESS THAN TWO OR MORE THAN FOUR PERSONS TO ACT AS ELECTION
INSPECTORS  AND BALLOT CLERKS. EACH OF SUCH PERSONS SHALL BE A QUALIFIED
ELECTOR OF SUCH DISTRICT AND SUCH ELECTION INSPECTORS AND BALLOT  CLERKS
SHALL RECEIVE FOR THEIR SERVICES AN AMOUNT TO BE FIXED BY THE TOWN BOARD
BUT NOT TO EXCEED TEN DOLLARS EACH. THE POLLS SHALL REMAIN OPEN FROM SIX
O'CLOCK  IN THE EVENING UNTIL NINE O'CLOCK IN THE EVENING AND SUCH ADDI-
TIONAL CONSECUTIVE HOURS PRIOR THERETO AS THE TOWN BOARD MAY DETERMINE.
  8. ELECTION. THE VOTING UPON SUCH PROPOSITION SHALL BE BY  BALLOT  AND
THE  TOWN CLERK SHALL CAUSE SUCH BALLOTS TO BE PREPARED. NO PERSON SHALL
BE ENTITLED TO VOTE UPON ANY SUCH PROPOSITION UNLESS HE OR SHE  HAS  THE
FOLLOWING  QUALIFICATIONS:  A.  IS  AN  ELECTOR OF THE TOWN, AND B. IS A
RESIDENT OF SUCH DISTRICT.
  9. CANVASS. UPON THE CLOSING OF THE POLLS AT ANY  SUCH  ELECTION,  THE
ELECTION  INSPECTORS  AND  BALLOT  CLERKS  SHALL IMMEDIATELY CANVASS THE
BALLOTS CAST AND SHALL COMPLETE SUCH  CANVASS  WITHOUT  ADJOURNMENT.  AS
SOON AS POSSIBLE AFTER COMPLETION, THEY SHALL FILE WITH THE TOWN CLERK A
CERTIFICATE  SETTING  FORTH  THE HOLDING OF SUCH ELECTION, THE NUMBER OF
VOTES CAST, THE NUMBER OF VOTES CAST FOR AND AGAINST  SUCH  PROPOSITION,
TOGETHER  WITH  THE  NAME  AND  ADDRESS  OF  EVERY PERSON VOTING AT SUCH
ELECTION.
  10. ADOPTION. A PROPOSITION  FOR  THE  ABOLITION  OF  THE  OFFICES  OF
COMMISSIONERS  SHALL  REQUIRE FOR ITS ADOPTION THE AFFIRMATIVE VOTE OF A
MAJORITY OF THE ELECTORS VOTING THEREON. IF ANY PROPOSITION SO SUBMITTED
SHALL NOT BE ADOPTED, THE TOWN BOARD SHALL NOT ADOPT  A  SIMILAR  RESOL-
UTION  ABOLISHING  THE OFFICES OF COMMISSIONERS WITHIN ONE YEAR FROM THE
DATE OF THE ORIGINAL RESOLUTION.
  11. EXPENSE. THE EXPENSE OF CONDUCTING ANY  SUCH  ELECTION,  INCLUDING
THE PUBLICATION OF NOTICES, THE PRINTING OF BALLOTS, THE COMPENSATION OF
ELECTION  INSPECTORS  AND BALLOT CLERKS AND ALL OTHER EXPENSE OCCASIONED
BY THE ELECTION SHALL BE A CHARGE AGAINST THE DISTRICT AFFECTED.
  12. ABOLITION OF OFFICES OF  COMMISSIONERS.  WHENEVER  ANY  RESOLUTION
SHALL  BECOME  EFFECTIVE PURSUANT TO THIS SECTION ABOLISHING THE OFFICES
OF COMMISSIONERS IN ANY DISTRICT AND TRANSFERRING TO THE TOWN BOARD  ALL
THE  POWERS AND DUTIES THEREOF, THE OFFICES OF COMMISSIONERS EXISTING IN
ANY AFFECTED DISTRICT SHALL BE ABOLISHED AS OF THE THIRTY-FIRST  DAY  OF
DECEMBER NEXT SUCCEEDING, PROVIDED, HOWEVER, THAT IF ANY SUCH RESOLUTION
BE  ADOPTED  SUBSEQUENT  TO  THE  FIRST  DAY OF OCTOBER IN ANY YEAR, THE
OFFICES OF COMMISSIONERS SHALL BE ABOLISHED ON THE THIRTY-FIRST  DAY  OF
DECEMBER  OF  THE  NEXT  SUCCEEDING  CALENDAR YEAR. WHEN SUCH OFFICES OF
COMMISSIONERS SHALL BE ABOLISHED, THE  COMMISSIONERS  OF  SUCH  DISTRICT
SHALL:  A.  DELIVER  TO  THE TOWN CLERK WITHIN TEN DAYS ALL THE RECORDS,
BOOKS AND PAPERS OF SUCH COMMISSIONERS, B. DELIVER TO THE SUPERVISOR ALL
FUNDS, C. DELIVER  TO  THE  TOWN  BOARD  ALL  OTHER  PROPERTY  IN  THEIR

S. 6606--A                         258                        A. 9706--A

POSSESSION  OR  UNDER  THEIR  CONTROL  AND  D.  MAKE COMPLETE AND PROPER
ACCOUNTING THEREFOR TO THE TOWN BOARD. ALL POWERS  PREVIOUSLY  EXERCISED
BY SUCH COMMISSIONERS WHOSE OFFICES ARE SO ABOLISHED SHALL THEREAFTER BE
VESTED IN AND EXERCISED BY THE TOWN BOARD.
  S  5.  This act shall take effect immediately; provided, however, that
sections one, two and three of this act shall  take  effect  January  1,
2011.

                                 PART HH

  Section 1. Subdivision 3 of section 66-a of the public officers law is
REPEALED and a new subdivision 3 is added to read as follows:
  3.  NOTWITHSTANDING  THE  PROVISIONS  OF  SECTION TWENTY-THREE HUNDRED
SEVEN OF THE CIVIL PRACTICE LAW AND RULES, THIS CHAPTER,  OR  ANY  OTHER
LAW TO THE CONTRARY, ANY COUNTY, CITY, TOWN OR VILLAGE, UPON ADOPTION OF
A  LOCAL  LAW,  IS HEREBY AUTHORIZED TO REQUIRE THE POLICE DEPARTMENT OR
FORCE OF SUCH COUNTY, CITY, TOWN OR  VILLAGE  TO  CHARGE  FEES  FOR  THE
SEARCH  FOR  ACCIDENT REPORTS, CERTIFIED COPIES THEREOF, PHOTOGRAPHS AND
CONTACT SHEETS AT RATES NOT TO EXCEED THE RATES AUTHORIZED FOR THE DIVI-
SION OF STATE POLICE  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS  SECTION;
PROVIDED,  HOWEVER,  THAT  NO FEE SHALL BE CHARGED FOR A PHOTOCOPY OF AN
ACCIDENT REPORT. THE FEES FOR INVESTIGATIVE REPORTS SHALL BE THE SAME AS
THOSE FOR ACCIDENT REPORTS.  ANY COUNTY WHOSE POLICE DEPARTMENT  CHARGES
ANY  OF  THE  FEES AUTHORIZED BY THIS SUBDIVISION PRIOR TO THE EFFECTIVE
DATE OF THIS SUBDIVISION MAY, HOWEVER, CONTINUE SUCH FEES AT THE RATE IN
EFFECT AT SUCH TIME OR MAY, UPON ADOPTION OF A LOCAL LAW, INCREASE  SUCH
FEES TO THE SAME RATE AUTHORIZED BY THIS SUBDIVISION.
  S 2. Paragraph d of subdivision 1 of section 10 of the general munici-
pal  law,  as  amended by chapter 623 of the laws of 1998, is amended to
read as follows:
  d. "Bank" shall mean a bank  as  defined  by  the  banking  law  or  a
national  banking  association  located and authorized to do business in
New York; A CREDIT UNION AS DEFINED BY THE  BANKING  LAW  OR  A  FEDERAL
CREDIT UNION LOCATED AND AUTHORIZED TO DO BUSINESS IN NEW YORK WHICH HAS
ITS  PRINCIPAL OFFICE IN A LOCATION DESCRIBED IN PARAGRAPH (A) OF SUBDI-
VISION THIRTY-SEVEN OF SECTION FOUR HUNDRED FIFTY-FOUR  OF  THE  BANKING
LAW,  OR  A  BRANCH  OFFICE  IN A LOCATION DESCRIBED IN PARAGRAPH (B) OF
SUBDIVISION THIRTY-SEVEN OF SECTION FOUR HUNDRED FIFTY-FOUR OF THE BANK-
ING LAW; OR A SAVINGS BANK AS DEFINED BY THE BANKING LAW, A SAVINGS  AND
LOAN  ASSOCIATION  AS  DEFINED  BY  THE BANKING LAW OR A FEDERAL SAVINGS
ASSOCIATION LOCATED AND AUTHORIZED TO DO BUSINESS IN NEW YORK WHICH  HAS
ITS  PRINCIPAL OFFICE IN A LOCATION DESCRIBED IN PARAGRAPH (A) OF SUBDI-
VISION TWO OF SECTION TWO HUNDRED THIRTY-SEVEN OF THE BANKING LAW, OR  A
BRANCH  OFFICE  IN  A LOCATION DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION
TWO OF SECTION TWO HUNDRED THIRTY-SEVEN OF THE BANKING LAW.
  S 3. Section 454 of the banking law is amended by adding a new  subdi-
vision 37 to read as follows:
  37.  (A)  TO  ACCEPT  DEPOSITS  FOR  CREDIT  TO A LOCAL GOVERNMENT, AS
DEFINED IN PARAGRAPH A OF SUBDIVISION ONE OF SECTION TEN OF THE  GENERAL
MUNICIPAL LAW, AT ITS PRINCIPAL OFFICE WHERE SUCH CREDIT UNION MAINTAINS
ITS PRINCIPAL OFFICE WITHIN THE JURISDICTION OF SUCH LOCAL GOVERNMENT.
  (B) TO ACCEPT DEPOSITS FOR CREDIT TO A LOCAL GOVERNMENT, AS DEFINED IN
PARAGRAPH  A  OF SUBDIVISION ONE OF SECTION TEN OF THE GENERAL MUNICIPAL
LAW, AT ITS BRANCH OFFICE WHERE SUCH CREDIT  UNION  MAINTAINS  A  BRANCH
OFFICE WITHIN THE JURISDICTION OF SUCH LOCAL GOVERNMENT.

S. 6606--A                         259                        A. 9706--A

  S  4. The banking law is amended by adding a new section 454-a to read
as follows:
  S  454-A.  DEPOSITS  OF  PUBLIC  MONEY WITH CREDIT UNIONS; SECURITY. A
CREDIT UNION MAY ACCEPT DEPOSITS OF PUBLIC MONEY SUBJECT TO THE  LIMITA-
TIONS  PROVIDED  IN  SUBDIVISION  THIRTY-SEVEN  OF  SECTION FOUR HUNDRED
FIFTY-FOUR OF THIS ARTICLE. SUCH CREDIT UNION  SHALL  PLEDGE  ASSETS  OR
FURNISH OTHER SECURITY SATISFACTORY IN FORM AND AMOUNT TO THE DEPOSITOR,
FOR  THE  REPAYMENT  OF  MONIES HELD IN THE NAME OF SUCH DEPOSITOR, WHEN
REQUIRED TO BE SECURED BY APPLICABLE LAW, DECREE OR REGULATION.
  S 5. Subdivision 2 of section 237 of the banking law,  as  amended  by
chapter 360 of the laws of 1984, is amended to read as follows:
  2. [No savings bank shall accept any deposit for credit to any munici-
pal  corporation.]  (A)  A  SAVINGS  BANK  WHICH MAINTAINS ITS PRINCIPAL
OFFICE WITHIN A LOCAL GOVERNMENT, AS DEFINED IN PARAGRAPH A OF  SUBDIVI-
SION  ONE OF SECTION TEN OF THE GENERAL MUNICIPAL LAW, MAY ACCEPT DEPOS-
ITS AT SUCH PRINCIPAL OFFICE FOR CREDIT TO SUCH LOCAL GOVERNMENT.
  (B) A SAVINGS BANK WHICH MAINTAINS A  BRANCH  OFFICE  WITHIN  A  LOCAL
GOVERNMENT,  AS DEFINED IN PARAGRAPH A OF SUBDIVISION ONE OF SECTION TEN
OF THE GENERAL MUNICIPAL LAW, MAY ACCEPT DEPOSITS AT SUCH BRANCH  OFFICE
FOR CREDIT TO SUCH LOCAL GOVERNMENT.
  S  6. Section 234 of the banking law is amended by adding a new subdi-
vision 26 to read as follows:
  26. PURSUANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED THIRTY-SEVEN OF
THIS ARTICLE, TO PLEDGE ASSETS OR FURNISH OTHER SECURITY SATISFACTORY IN
FORM AND AMOUNT TO THE DEPOSITOR, FOR THE REPAYMENT OF  MONIES  HELD  IN
THE  NAME  OF  SUCH DEPOSITOR, WHEN REQUIRED TO BE SECURED BY APPLICABLE
LAW, DECREE OR REGULATION  AND  TO  EXERCISE  THE  POWERS  CONTAINED  IN
SECTION NINETY-SIX-B OF THIS CHAPTER.
  S  7. Section 383 of the banking law is amended by adding a new subdi-
vision 17 to read as follows:
  17. PURSUANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED THIRTY-SEVEN OF
THIS CHAPTER, TO PLEDGE ASSETS OR FURNISH OTHER SECURITY SATISFACTORY IN
FORM AND AMOUNT TO THE DEPOSITOR, FOR THE REPAYMENT OF  MONIES  HELD  IN
THE  NAME  OF  SUCH DEPOSITOR, WHEN REQUIRED TO BE SECURED BY APPLICABLE
LAW, DECREE OR REGULATION  AND  TO  EXERCISE  THE  POWERS  CONTAINED  IN
SECTION NINETY-SIX-B OF THIS CHAPTER.
  S  8.  Subdivision 4 of section 209-b of the general municipal law, as
amended by chapter 718 of the laws of 1958, is amended and a new  subdi-
vision 6 is added to read as follows:
  4.  Fees  and  charges [prohibited] AUTHORIZED.  Emergency and general
ambulance  service,  INCLUDING  EMERGENCY  MEDICAL  SERVICE,  authorized
pursuant  to  this  section [shall] MAY be furnished without cost to the
person served; PROVIDED, HOWEVER, THE AUTHORITIES HAVING  CONTROL  OF  A
FIRE  DEPARTMENT  OR  FIRE  COMPANY,  EXCEPT IN CITIES OF ONE MILLION OR
MORE, WHO HAVE AUTHORIZED  SUCH  FIRE  DEPARTMENT  OR  FIRE  COMPANY  TO
PROVIDE  SUCH  SERVICE  OR  SERVICES, MAY ESTABLISH FEES AND CHARGES FOR
SERVICES RENDERED. SUCH AUTHORITIES MAY FORMULATE RULES AND  REGULATIONS
FOR  THE  COLLECTION  OF  SUCH FEES AND CHARGES.   The acceptance by any
fireman of any personal remuneration or gratuity, directly or  indirect-
ly,  from  a  person  served  shall  be  a ground for [his] expulsion or
suspension as a member of the fire department or fire company.
  6.  THE TERM "EMERGENCY MEDICAL SERVICE" AS USED IN THIS SECTION MEANS
INITIAL EMERGENCY MEDICAL ASSISTANCE INCLUDING, BUT NOT LIMITED TO,  THE
TREATMENT  OF  TRAUMA,  BURNS,  RESPIRATORY, CIRCULATORY AND OBSTETRICAL
EMERGENCIES.

S. 6606--A                         260                        A. 9706--A

  S 9. The general municipal law is amended  by  adding  a  new  section
207-r to read as follows:
  S 207-R. POLICE PROTECTION AT SPECIAL EVENTS. A MUNICIPALITY MAY ADOPT
A LOCAL LAW TO PROVIDE THAT THE PERSON OR PERSONS RESPONSIBLE FOR EITHER
OPERATING, CONDUCTING, PROMOTING, OR SPONSORING ANY SPECIAL EVENT, EXHI-
BITION,  OR  CONTEST TO BE HELD IN THE MUNICIPALITY AT WHICH A PRICE FOR
ADMISSION OR ATTENDANCE IS CHARGED OR IS TO BE  CHARGED  SHALL  PAY  THE
COSTS  INCURRED  BY THE MUNICIPALITY AS A RESULT OF PROVIDING ADDITIONAL
POLICE PERSONNEL, IF ANY, BEYOND THE NORMAL NUMBER OF OFFICERS WHO WOULD
HAVE OTHERWISE BEEN ON DUTY.  THE LOCAL LAW SHALL IDENTIFY THE  TYPE  OR
TYPES  OF  SPECIAL  EVENTS, EXHIBITIONS, OR CONTESTS FOR WHICH AN ACTIV-
ITY'S OPERATOR, CONDUCTOR, PROMOTER, OR SPONSOR MAY BE CHARGED FOR ADDI-
TIONAL POLICE PERSONNEL  THAT  IS  EITHER  REQUESTED  BY  THE  OPERATOR,
CONDUCTOR,  PROMOTER,  OR  SPONSOR  OR DETERMINED TO BE NECESSARY BY THE
MUNICIPALITY. THE LOCAL LAW MAY ALSO PROVIDE  THAT:  (A)  THE  OPERATOR,
CONDUCTOR,  PROMOTER,  OR  SPONSOR  OF  THE ACTIVITY SHALL COMPLETE SUCH
FORMS OR APPLICATIONS PROVIDING THE INFORMATION DEEMED NECESSARY BY  THE
MUNICIPALITY TO DETERMINE WHETHER ANY ADDITIONAL POLICE PERSONNEL SHOULD
BE  SCHEDULED  FOR  THE  EVENT; (B) THE LOCAL LAW SHALL NOT APPLY TO ANY
CORPORATION FORMED UNDER THE NOT-FOR-PROFIT CORPORATION LAW; AND (C) THE
OPERATOR, CONDUCTOR, PROMOTER, OR SPONSOR OF THE ACTIVITY SHALL PAY  ALL
OR A PORTION OF THE ESTIMATED COST OF ADDITIONAL POLICE PROTECTION PRIOR
TO THE COMMENCEMENT OF THE EVENT.
  S  10. 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  rate thereof shall not exceed [one] THREE 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 omnibus corporations subject to the supervision of the state depart-
ment of public service under article three-a of the public service  law,
IN  EFFECT ON JANUARY FIRST, NINETEEN HUNDRED FIFTY-NINE.  A tax imposed
pursuant to this section shall have application only within the territo-
rial limits of any such city, and shall be in addition to  any  and  all
other taxes. 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.
  2.  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.
  3.  All  of  the provisions of section one hundred eighty-six-a 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

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may be necessary in order to adapt such taxes to local conditions  shall
apply to the taxes authorized by this section.
  4.  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.
  5. 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 11. Subdivision 1 of section 5-530 of the village law is amended  to
read as follows:
  l.  Notwithstanding  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, nine-
teen hundred fifty-nine, except that the rate thereof shall  not  exceed
[one]  THREE 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
subject to the supervision of the state  department  of  public  service
under  article  three-a  of the public service law, IN EFFECT ON JANUARY
FIRST, NINETEEN HUNDRED FIFTY-NINE.   A tax  imposed  pursuant  to  this
section shall have application only within the territorial limits of any
such  village, and shall be in addition to any and all other taxes. This
section shall not authorize the imposition of a tax on  any  transaction
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.
  S 12. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2010; provided,
however, that:
  (a)  sections  two  through seven of this act shall take effect on the
ninetieth day after this act shall have become a law;

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  (b) section eight of this act shall take effect on the  thirtieth  day
after this act shall have become a law; and
  (c)  section  nine  of  this  act shall take effect on the one hundred
eightieth day after this act shall have become a law.

                                 PART II

  Section 1. Section 2799-uu of the public authorities  law,  as  renum-
bered  by  section  1  of part A-3 of chapter 58 of the laws of 2006, is
renumbered section 2799-vv and a new section 2799-uu is added to read as
follows:
  S 2799-UU. FEDERAL SUBSIDY BONDS OF THE  AUTHORITY.    NOTWITHSTANDING
ANY INCONSISTENT PROVISION OF LAW, INCLUDING BUT NOT LIMITED TO SUBDIVI-
SION THREE OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-GG OF THIS TITLE,
THE AUTHORITY IS HEREBY AUTHORIZED TO ISSUE FEDERAL SUBSIDY BONDS, NOTES
OR OTHER OBLIGATIONS SUBJECT TO SECTION 54F OF THE INTERNAL REVENUE CODE
OF  1986,  AS AMENDED, WITHOUT REGARD TO THE LIMITATIONS ON SINKING FUND
BONDS IMPOSED BY THE LOCAL FINANCE LAW, AS AMENDED FROM TIME TO TIME, SO
LONG AS SUCH BONDS ARE AMORTIZED THROUGH  STATED  MATURITIES,  MANDATORY
REDEMPTION, CONTRIBUTIONS TO AN INVESTED SINKING FUND OR ANY COMBINATION
THEREOF  PROVIDING,  WITH  OTHER  BONDS  OF  THE SAME ISSUE, IF ANY, FOR
SUBSTANTIALLY LEVEL OR DECLINING DEBT  SERVICE  AS  DEFINED  IN  SECTION
21.00  OF  THE  LOCAL  FINANCE LAW, AS AMENDED FROM TIME TO TIME.  BONDS
ISSUED PURSUANT TO THIS SECTION SHALL HAVE A MAXIMUM MATURITY OF  UP  TO
TWENTY YEARS.
  S 2. This act shall take effect immediately.

                                 PART JJ

  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 - 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).

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  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).
  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. Civil service law: sec 11 admin account (09).
  d. Civil service EHS occupational health program account (10).
  e. Banking services account (12).
  f. Cultural resources survey account (14).
  g. Neighborhood work project (17).
  h. Automation & printing chargeback account (18).
  i. OFT NYT account (20).
  j. Data center account (23).
  k. Human service telecom account (24).
  l. Centralized Technology services account (30).
  m. OMRDD copy center account (26).
  n. Intrusion detection account (27).
  o. Domestic violence grant account (28).
  p. Learning management system account.
  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. Energy research account (60).
  n. Criminal justice improvement account (62).
  o. Fingerprint identification and technology account (68).
  p. Environmental laboratory reference fee account (81).
  q. Clinical laboratory reference system assessment account (90).
  r. Public employment relations board account (93).
  s. Radiological health protection account (95).

S. 6606--A                         264                        A. 9706--A

  t. Teacher certification account (A4).
  u. Banking department account (A5).
  v. Cable television account (A6).
  w. Indirect cost recovery account (AH).
  x. High school equivalency program account (AI).
  y. Rail safety inspection account (AQ).
  z. Child support revenue account (AX).
  aa. Multi-agency training account (AY).
  bb. Critical infrastructure account (B3).
  cc. Insurance department account (B6).
  dd. Bell jar collection account (BJ).
  ee. Industry and utility service account (BK).
  ff. Real property disposition account (BP).
  gg. Parking account (BQ).
  hh. Asbestos safety training program account (BW).
  ii. Improvement of real property tax administration account (BZ).
  jj. Public service account (C3).
  kk. Batavia school for the blind account (D9).
  ll. Investment services account (DC).
  mm. Surplus property account (DE).
  nn. OMRDD day services account (DH).
  oo. Financial oversight account (DI).
  pp. Regulation of indian gaming account (DT).
  qq. Special conservation activities account (CU).
  rr. Interest assessment account (DZ).
  ss. Office of the professions account (E3).
  tt. Rome school for the deaf account (E6).
  uu. Seized assets account (E8).
  vv. Administrative adjudication account (E9).
  ww. Federal salary sharing account (EC).
  xx. Cultural education account (EN).
  yy. Examination and miscellaneous revenue account (ER).
  zz. Transportation regulation account (F1).
  aaa. Local services account (G3).
  bbb.  Electronic  benefit  transfer  and common benefit identification
card account (GD).
  ccc. Housing special revenue account (H2).
  ddd. Department of motor vehicles compulsory insurance account (H7).
  eee. Housing Indirect cost recovery (HI).
  fff. Housing credit agency application fee account (J5).
  ggg. EPIC premium account (J6).
  hhh. Federal gasoline and diesel fuel excise tax account (L6).
  iii. OTDA earned revenue account (L7).
  jjj. Low income housing credit monitoring fee account (NG).
  kkk. Procurement opportunities newsletter account (P4).
  lll. Corporation administration account (P6).
  mmm. Montrose veteran's home account (Q6).
  nnn. Excelsior capital corporation reimbursement account (R1).
  ooo. Motor fuel quality account (R4).
  ppp. Deferred compensation administration account (R7).
  qqq. Rent revenue other account (RR).
  rrr. Batavia medicaid income account (S1).
  sss. Rent revenue account (S8).
  ttt. Tax revenue arrearage account (TR).
  uuu. Solid waste management account (W3).
  vvv. Occupational health clinics account (W4).

S. 6606--A                         265                        A. 9706--A

  www. Capacity contracting (XU).
  xxx. Point insurance reduction program account.
  yyy. Internet point insurance reduction program account.
  zzz. Mental hygiene program fund account (10).
  aaaa. Third party debt collection account.
  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):
  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. 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 1-a. The state comptroller is hereby authorized and directed to loan
money  in  accordance  with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within  the  following
federal  funds,  provided  the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse  such
loans:
  1. Federal USDA-food 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).
  7. Federal unemployment insurance administration fund (480).
  8. Federal unemployment insurance occupational training fund (484).
  9. Federal employment and training grants (486).

S. 6606--A                         266                        A. 9706--A

  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, 2011, up to the unencumbered balance or the  follow-
ing amounts:
  Economic Development and Public Authorities:
  1.  $100,000  from the miscellaneous special revenue fund (339) under-
ground facilities safety training account (US), to the general fund.
  2. An amount up to the unencumbered  balance  from  the  miscellaneous
special  revenue  fund  (339),  business  and licensing services account
(AG), to the general fund.
  3. $14,810,000 from the miscellaneous special revenue fund (339), code
enforcement account (07), to the general fund.
  Education:
  1. $2,281,000,000 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. $562,000,000 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. $55,000,000 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. $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).
  11. $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).

S. 6606--A                         267                        A. 9706--A

  12. $8,318,000 from the general fund to the  state  university  income
fund (345), state university income offset account (11), for the state's
share of repayment of the STIP loan.
  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. $1,000,000 from the special revenue fund (339), snowmobile  account
(41), to the general fund.
  4.  $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.
  5. $3,000,000 from any of the office of parks, recreation and historic
preservation  capital projects federal funds and special revenue federal
funds to the special revenue fund  (339)  federal  grant  indirect  cost
recovery account (Z1).
  6. $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).
  7. $105,000 from the state exposition special fund (325),  state  fair
receipts account (01), 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).
  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 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. $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).

S. 6606--A                         268                        A. 9706--A

  8.  $100,728,000  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).
  9.  $2,500,000  from  any  of  the  office of temporary and disability
assistance or office of children and  family  services  special  revenue
federal funds to the miscellaneous special revenue fund (339), office of
temporary and disability assistance program account (AL).
  10.  $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).
  11. $24,170,000 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).
  12. $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).
  13.  $10,073,000  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).
  14.  $161,300,000  from  the miscellaneous special revenue fund (339),
youth facility per Diem account (YF), to the general fund.
  15. $10,000,000 from any of the office  of  temporary  and  disability
assistance  special  revenue federal funds, to the miscellaneous special
revenue fund (339), electronic benefit transfer and common benefit iden-
tification card account (GD).
  16. $1,381,800 from the general fund to the combined gifts, grants and
bequests fund (020), WB Hoyt Memorial account (78).
  17. $7,000,000 from any of the  office  of  temporary  and  disability
assistance  accounts  within  the federal health and human services fund
(265), to the general fund.
  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.  $22,335,000  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.

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  10.  $23,000,000  from  the  miscellaneous special revenue fund (339),
revenue arrearage account (CR), to the general fund.
  11.  $1,826,000  from  the  miscellaneous  special  revenue fund (339)
revenue arrearage account (CR), to  the  miscellaneous  special  revenue
fund (339) authority budget office account.
  12.  $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.
  13. $11,000,000 from the general fund  to  the  miscellaneous  special
revenue fund (339), statewide financial system account (FM).
  14.  $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.
  15.  $2,000,000  from  the  miscellaneous  special revenue fund (339),
procurement account (CH), to the general fund.
  16. $10,000,000 from the centralized services fund (323), OGS building
administration account (ZY), to the general fund.
  Health:
  1. $12,000,000 from any of the department of  health  accounts  within
the federal health and human services fund (265) to the general fund.
  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.  $70,000,000  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:

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  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.  $8,000,000  from the labor standards miscellaneous special revenue
fund (339), fee and penalty account (30), to the general fund.
  3. $10,500,000 from the unemployment insurance  interest  and  penalty
special  revenue fund (482), unemployment insurance special interest and
penalty account (01), to the general fund.
  4. $2,700,000 from the labor standards miscellaneous  special  revenue
fund (339), public work enforcement account (BA), to the general fund.
  5.  $1,500,000 from the training and education program on occupational
safety and health fund (305), occupational safety and health  inspection
account (02), 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).
  2. $240,000,000 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).
  3. $190,000,000 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).
  4. $150,000,000 from the general fund  to  the  miscellaneous  special
revenue fund (339), mental hygiene patient income account (13).
  5.  $150,000,000  from  the  general fund to the miscellaneous special
revenue fund (339), mental hygiene program fund account (10).
  6. $300,000,000 from the miscellaneous  special  revenue  fund  (339),
mental hygiene program fund account (10) to the general fund.
  7.  $150,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene patient income account (13) to the general fund.
  8. $750,000 from the federal  operating  grants  fund  (290),  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. $8,677,000 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).
  7. $10,000,000 from federal miscellaneous operating grants fund (290),
DMNA damage account (71), to the general fund.
  8.  $16,000,000  from  the  general  fund to the miscellaneous special
revenue fund (339), crimes against revenue program account (CA).

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  9. $2,000,000 from the general  fund  to  the  Attica  state  employee
victims' fund (013).
  10.  $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.
  11.  $11,500,000  from the federal miscellaneous operating grants fund
(290) world trade center account, to the general fund.
  12. $13,000,000 from the  miscellaneous  special  revenue  fund  (339)
criminal justice improvement account (62) to the general fund.
  13.  $2,800,000  from  the  general  fund to the miscellaneous special
revenue fund (390) indigent legal services fund (01).
  14. $1,500,000 from the agency  enterprise  fund  (331)  farm  program
account (FM), to the general fund.
  15.  $20,000,000  from  the  miscellaneous special revenue fund (339),
statewide public safety communications  account  (LZ),  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. $14,881,000 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. $19,000,000 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.  $763,079,000  from  the  general fund to the dedicated highway and
bridge trust fund (072).
  8. $803,000 from the miscellaneous special revenue fund (339), surplus
property account (42), to the general fund.
  9. $5,000,000 from the miscellaneous special revenue fund (339), acci-
dent damage account (G7), to the dedicated highway and bridge trust fund
(072).
  10. $600,000 from the miscellaneous special revenue fund (339), inter-
net point insurance reduction program account (IC), to the general fund.
  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, 2011:
  1.  Upon request of the commissioner of environmental conservation, up
to $10,733,000 from revenues credited to any of the department of  envi-

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ronmental  conservation special revenue funds, including $3,135,800 from
the environmental protection and oil spill compensation fund (303),  and
$1,739,600  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) to the miscellaneous capital projects fund (387),
state fair capital improvement account (13).
  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).
  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.  On  or before March 31, 2011, the comptroller is authorized and
directed to transfer the unencumbered balance from  the  family  benefit
fund (329) to the general fund.
  S 6. On or before March 31, 2011, the comptroller is hereby authorized
and  directed  to  deposit  earnings  that would otherwise accrue to the
general fund that are attributable to the operation of section  98-a  of
the  state  finance  law,  to  the agencies internal service fund (334),
banking services  account  (12),  for  the  purpose  of  meeting  direct
payments from such account.
  S  7.  Notwithstanding  any law to the contrary, upon the direction of
the director of the budget and upon requisition by state  university  of
New  York,  the dormitory authority of the state of New York is directed
to transfer, up to $22,000,000 in revenues generated from  the  sale  of
notes or bonds, to the state university of New York for reimbursement of
bondable equipment for further transfer to the state's general fund.
  S  8.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer monies, upon request of  the  director  of  the
budget,  on  or  before March 31, 2011, 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 $350 million.
  S 9. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, at the request of the director of the budget,
up to $500 million from the unencumbered balance of any special  revenue
fund  or  account,  or combination of funds and accounts, to the general

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fund. The amounts transferred pursuant to this authorization shall be in
addition to any other transfers  expressly  authorized  in  the  2010-11
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 10. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, at the request of the director of the budget,
up to $75 million from the unencumbered balance of any non-general  fund
or  account,  or combination of funds and accounts, to the general fund.
The amounts transferred pursuant to this authorization shall be equal to
those savings achieved in such non-general funds as a  result  of  work-
force  savings  actions  and  are  in  addition  to  any other transfers
expressly authorized.  Transfers from federal funds  are  not  permitted
pursuant  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  11. Notwithstanding any provision of law to the contrary, the power
authority of the state of New York, as deemed feasible and advisable  by
its  trustees,  is authorized and directed to make a contribution to the
state treasury to the credit of  the  general  fund  in  the  amount  of
$65,000,000  for  the fiscal year commencing April 1, 2010, the proceeds
of which will be utilized for economic development, energy efficiency or
energy cost mitigation purposes. The power authority of the state of New
York will transfer not less than $40,000,000 by June 1, 2010,  and  will
transfer the remainder, up to $25,000,000, by January 31, 2011.
  S  12.  Section  44  of  the private housing finance law is amended by
adding a new subdivision 32 to read as follows:
  32.  TO TRANSFER FUNDS IN AN AMOUNT TO BE AGREED UPON, AT THE  REQUEST
OF THE DIRECTOR OF THE DIVISION OF THE BUDGET, TO THE STATE TREASURY FOR
DEPOSIT  TO  THE GENERAL FUND AS AN EXPENSE OF THE AGENCY. SUCH TRANSFER
SHALL BE MADE IN SUCH AMOUNTS AND AT  SUCH  TIMES  AS  SPECIFIED  IN  AN
AGREEMENT  OR AGREEMENTS EXECUTED BETWEEN THE AGENCY AND THE DIRECTOR OF
THE BUDGET WITH COPIES TO BE PROVIDED TO THE CHAIRMAN  OF  THE  ASSEMBLY
WAYS  AND MEANS COMMITTEE AND THE CHAIRMAN OF THE SENATE FINANCE COMMIT-
TEE.
  S 13. Intentionally omitted.
  S 14.  Notwithstanding any law to the contrary, the insurance  depart-
ment  shall  finance  the  annual expenses related to its activities and
operations from revenues derived from assessments  upon  those  entities
required  to  pay such assessments pursuant to section 332 of the insur-
ance law. For state fiscal year 2010-11, the total value of  the  annual
assessment  will be equal to the total value of the department's enacted
appropriations.  In such instances where the total value of  the  annual
industry  assessment  exceeds actual annual expenses of the department's
operations and activities, in accordance with section  4  of  the  state
finance law, the comptroller is hereby authorized and directed to trans-
fer,  at  the  request  of  the director of the budget, any unencumbered
monies of the special revenue fund (339)  insurance  department  account
(b6),  that  comprise  the  difference  of the total value of the annual
industry assessment and the actual annual expenses of  the  department's
operations  and  activities,  to the general fund on or before March 31,
2011.

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  S 15. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
amended  by  section 13 of part PP of chapter 56 of the laws of 2009, 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 eighty-one, or any other provisions  of  law  to  the  contrary,
during  the  fiscal year beginning April first, two thousand [nine] TEN,
the state comptroller is hereby authorized and directed  to  deposit  to
the  fund created pursuant to this section from amounts collected pursu-
ant to article twenty-two of the tax law  and  pursuant  to  a  schedule
submitted  by  the  director  of  the  budget,  up  to  [$3,524,450,000]
$3,215,000,000, 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 [nine] TEN.
  S 16. Subdivision 6 of section 4 of the state finance law, as  amended
by  section  15 of part RR of chapter 57 of the laws of 2008, is amended
to read as follows:
  6. Notwithstanding any law to the contrary, at the  beginning  of  the
state  fiscal  year,  the  state  comptroller  is  hereby authorized and
directed to receive for deposit to  the  credit  of  a  fund  and/or  an
account  such  monies as are identified by the director of the budget as
having been intended for such deposit to support disbursements from such
fund and/or account made in pursuance of an  appropriation  by  law.  As
soon  as  practicable  upon enactment of the budget, the director of the
budget shall,  but  not  less  than  three  days  following  preliminary
submission  to  the chairpersons of the senate finance committee and the
assembly ways and means committee, file with the  state  comptroller  an
identification  of  specific  monies  to be so deposited. Any subsequent
change regarding the monies to be so deposited shall  be  filed  by  the
director  of the budget, as soon as practicable, but not less than three
days following preliminary submission to the chairpersons of the  senate
finance committee and the assembly ways and means committee.
  All monies identified by the director of the budget to be deposited to
the  credit of a fund and/or account shall be consistent with the intent
of the budget for the then current state fiscal year as enacted  by  the
legislature.
  [The  provisions  of  this  subdivision  shall expire on March thirty-
first, two thousand ten.]
  S 17. Subdivision 4 of section 40 of the state finance law, as amended
by section 16 of part RR of chapter 57 of the laws of 2008,  is  amended
to read as follows:
  4.  Every appropriation made from a fund or account to a department or
agency shall be available for the payment of prior years' liabilities in
such fund or account for fringe benefits, indirect costs, and telecommu-
nications expenses and expenses  for  other  centralized  services  fund
programs  without limit. Every appropriation shall also be available for
the payment of prior  years'  liabilities  other  than  those  indicated
above,  but  only  to the extent of one-half of one percent of the total
amount appropriated to a department or agency in such fund or account.
  [The provisions of this subdivision shall expire  March  thirty-first,
two thousand ten.]
  S  18.  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

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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  19.  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
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  20.  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  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 or bonds issued by the environmental facilities corpo-

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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
authorized  by chapter 54 of the laws of 2002 to the department of envi-
ronmental conservation for Onondaga lake.
  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 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
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-

S. 6606--A                         277                        A. 9706--A

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 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 $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 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
2004 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 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, reimbursement from the proceeds of bonds or notes
issued by the urban development corporation for a capital  appropriation

S. 6606--A                         278                        A. 9706--A

of  $83,500,000 authorized by chapter 53 of the laws of 2006, as amended
by chapter 108 of the laws of 2006, for payment of costs related to  the
H.  H. Richardson complex and the Darwin Martin House, 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  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 of $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,
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

S. 6606--A                         279                        A. 9706--A

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 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 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
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

S. 6606--A                         280                        A. 9706--A

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  of $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
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

S. 6606--A                         281                        A. 9706--A

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  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 of $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
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

S. 6606--A                         282                        A. 9706--A

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 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 of $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

S. 6606--A                         283                        A. 9706--A

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
of  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 53 of the laws of 2008 of $14,000,000 to the  education  depart-
ment  for library construction, reimbursement from the proceeds of 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
53  of  the  laws of 2008 of $15,000,000 to the education department for
museum renewal projects, reimbursement from the  proceeds  of  notes  or
bonds  issued by the urban development corporation for capital appropri-
ation 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 appropri-
ation 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 waterfront  development  projects,  reimbursement
from  the  proceeds  of  bonds  or notes issued by the urban development
corporation for a capital appropriation  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  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 downstate
regional projects, reimbursement from the proceeds  of  notes  or  bonds

S. 6606--A                         284                        A. 9706--A

issued by the urban development corporation for capital 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  down-
state  revitalization projects, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital  appro-
priation 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 authorized by chapter 53  of  the  laws  of
2008  to  the  urban  development  corporation 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  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
capital  assistance program, 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  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 author-
ized  by  chapter 55 of the laws of 2008 to the urban development corpo-
ration for services and expenses related to the  empire  state  economic
development fund.
  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 of $29,600,000 authorized by  chapter
55  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
chapter 50 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  chapter  50  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 chapter
55 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 chapter 55 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-

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ations or reappropriations authorized by chapter 55 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  chapter 50 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 chapter 50 of the laws of 2009
to the division  of  state  police  for  rehabilitation  of  facilities,
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry  Authority  of  the State of New York or other financing source for a
capital appropriation authorized by chapter 53 of the laws  of  2009  of
$14,000,000  to the State Education Department for library construction,
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry Authority of the State of New York or other financing  source  for  a
capital  appropriation  of  $4,000,000 to the State Education Department
for rehabilitation associated  with  the  St.  Regis  Mohawk  elementary
school  authorized  by  chapter 53 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 chap-
ter  55  of  the  laws  of 2009 to the urban development corporation for
services and expenses related to the empire state  economic  development
fund.
  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 of $29,600,000 authorized by a  chap-
ter  of the laws of 2010 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 $187,285,000 authorized by a
chapter of the laws of 2010 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 $26,950,000 from any capital appropriation or
reappropriation authorized by a chapter of  the  laws  of  2010  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 $19,247,000 authorized by a  chap-
ter of the laws of 2010 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  $5,000,000
authorized  by  a chapter of the laws of 2010 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 2010
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 2010 to the division of military  and  naval

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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 2010
to  the  division  of  state  police  for  rehabilitation of facilities,
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry Authority of the State of New York or other financing  source  for  a
capital appropriation of $14,000,000 authorized by a chapter of the laws
of  2010  to the State Education Department for library construction and
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry Authority of the State of New York or other financing  source  for  a
capital  appropriation  of  $42,000,000  for  the State preparedness and
training center.
  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 dormitory authority and urban
development corporation for disbursements of up to  $8,000,000  from  an
appropriation  authorized  by  chapter  50  of the laws of 2009 for drug
courts.
  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  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
chapter 53 of the laws of 2009 to the city university of  New  York  for
various purposes.
  S  32.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services  fund  debt  service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the  New  York  state  medical  care  facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene  for  the  purpose  of  making
payments  to  the  dormitory  authority of the state of New York for the
amount of the earnings for the investment of  monies  deposited  in  the
mental health services fund that such agency determines will or may have
to  be  rebated  to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to  enable  such
agency  to  maintain  the  exemption from federal income taxation on the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. 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  33.  (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.

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  (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 34. Intentionally omitted.
  S 35. Subdivision 4 of section 72 of the state finance law,  as  sepa-
rately  amended  by chapters 405 and 957 of the laws of 1981, is amended
to read as follows:
  4. (A) Any balance of moneys in any debt service  fund  in  excess  of
both  the  debt principal and interest payments required to be made from
such fund during the current fiscal year, or during future fiscal years,
and any reserve requirement established by statute or by a relevant bond
covenant, shall be transferred to the general fund.
  (B) ON OR BEFORE THE BEGINNING OF EACH QUARTER, THE  DIRECTOR  OF  THE
BUDGET  MAY  CERTIFY  TO  THE  STATE COMPTROLLER THE ESTIMATED AMOUNT OF
MONIES THAT SHALL BE RESERVED IN THE GENERAL DEBT SERVICE FUND  FOR  THE
PAYMENT OF DEBT SERVICE AND RELATED EXPENSES PAYABLE BY SUCH FUND DURING
EACH  MONTH  OF  THE  STATE FISCAL YEAR, EXCLUDING PAYMENTS DUE FROM THE
REVENUE BOND TAX FUND. SUCH CERTIFICATE MAY BE PERIODICALLY UPDATED,  AS
NECESSARY.  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, THE
STATE COMPTROLLER SHALL RESERVE IN THE GENERAL  DEBT  SERVICE  FUND  THE
AMOUNT  OF  MONIES  IDENTIFIED  ON SUCH CERTIFICATE AS NECESSARY FOR THE
PAYMENT OF DEBT SERVICE AND RELATED EXPENSES DURING THE CURRENT OR  NEXT
SUCCEEDING  QUARTER OF THE STATE FISCAL YEAR. SUCH MONIES RESERVED SHALL
NOT BE AVAILABLE FOR ANY OTHER PURPOSE.
  S 36. Subdivision 8 of section 68-b  of  the  state  finance  law,  as
amended  by  section 50 of part PP of chapter 56 of the laws of 2009, 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, the dormitory authority of the state  of  New  York  and  the
urban development corporation may issue revenue bonds for any authorized
purpose  of any other such authorized issuer through March thirty-first,
two thousand [ten] FIFTEEN. The authorized issuers shall not  issue  any

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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 authorizations, nor shall revenue bonds issued to  refund
bonds  issued  under  existing  authorizations reduce the amount of such
authorizations.
  S 37.  Section 51 of part RR of chapter 57 of the laws of 2008 provid-
ing for the administration of certain funds and accounts related to  the
2008-2009 budget, as amended by section 13-a of part PP of chapter 56 of
the laws of 2009, is amended to read as follows:
  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, and  eighteen  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]
2011  when upon such date the provisions of such section shall be deemed
repealed.
  S 38. Subdivision 2 of section 68-a  of  the  state  finance  law,  as
amended by section 56-a of part PP of chapter 56 of the laws of 2009, is
amended to read as follows:
  2. "Authorized purpose" for purposes of this article and section nine-
ty-two-z  of  this  chapter shall mean any purposes for which state-sup-
ported debt, as defined by section sixty-seven-a of this chapter, may or
has been issued except debt for  which  the  state  is  constitutionally
obligated  thereunder  to  pay  debt  service  and related expenses, and
except (a) as authorized in paragraph (b) of subdivision one of  section
three  hundred eighty-five of the public authorities law, (b) as author-
ized for the department of health of the state of New York facilities as
specified in paragraph a of subdivision two of section  sixteen  hundred
eighty  of  the public authorities law, (c) state university of New York
dormitory facilities  as  specified  in  subdivision  eight  of  section
sixteen  hundred seventy-eight of the public authorities law, and (d) as
authorized for mental health services facilities by  section  nine-a  of
section  one of chapter three hundred ninety-two of the laws of nineteen
hundred seventy-three constituting  the  New  York  state  medical  care
facilities  financing  act. Notwithstanding the provisions of clause (d)
of this subdivision, for the  period  April  first,  two  thousand  nine
through  March  thirty-first,  two  thousand [ten] ELEVEN, mental health
services facilities, as authorized by section nine-a of section  one  of
chapter  three hundred ninety-two of the laws of nineteen hundred seven-
ty-three constituting the New York state medical care facilities financ-
ing act, shall constitute an authorized purpose.

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  S 39. Paragraph a of subdivision 4 of section 57 of the state  finance
law,  as  amended by chapter 437 of the laws of 2004, is amended to read
as follows:
  a.  Such  bonds  shall  be  sold at par, at par plus a premium [not to
exceed five percent in the case of refunding bonds or five-tenths of one
percent in the case of all other bonds], or at a discount to the  bidder
offering  the  lowest  interest cost to the state, taking into consider-
ation any premium or discount and, in the case of refunding  bonds,  the
bona  fide  initial  public  offering price, not less than four nor more
than fifteen days, Sundays excepted, after a notice  of  such  sale  has
been  published  at  least once in a definitive trade publication of the
municipal bond industry published on each business day in the  state  of
New  York  which is generally available to participants in the municipal
bond industry, which notice shall state the terms  of  the  sale.    The
comptroller  may  not change the terms of the sale unless notice of such
change is sent via a definitive trade wire service of the municipal bond
industry which, in general, makes available information regarding activ-
ity and sales of municipal bonds and is generally available  to  partic-
ipants  in the municipal bond industry, at least one [day] HOUR prior to
the [date] TIME of the sale as set forth in the original notice of sale.
In so changing the terms or conditions of a  sale  the  comptroller  may
send  notice by such wire service that the sale will be delayed by up to
thirty days, provided that wire notice of the  new  sale  date  will  be
given  at least one business day prior to the new time when bids will be
accepted. In such event, no new notice of sale shall be required  to  be
published.  Notwithstanding the provisions of section three hundred five
of the state technology law or any other law,  if  the  notice  of  sale
contains  a  provision that bids will only be accepted electronically in
the manner provided in such notice of sale, the comptroller shall not be
required to accept non-electronic bids in any form. Advertisements shall
contain a provision to the effect that the state comptroller, in his  OR
HER  discretion,  may  reject  any or all bids made in pursuance of such
advertisements, and in the event of  such  rejection,  the  state  comp-
troller  is  authorized  to  negotiate a private sale or readvertise for
bids in the form and manner above described as many times as, in his  OR
HER  judgment, may be necessary to effect a satisfactory sale.  Notwith-
standing the foregoing provisions of this  paragraph,  whenever  in  the
judgment  of  the  comptroller the interests of the state will be served
thereby, he OR SHE may sell state bonds at private sale at par,  at  par
plus  a  premium  [not  to  exceed five percent in the case of refunding
bonds or five-tenths of one percent in the case of all other bonds],  or
at  a  discount.  The comptroller shall promulgate regulations governing
the terms and conditions of any such private  sales,  which  regulations
shall  include  a  provision that he OR SHE give notice to the governor,
the temporary president of the senate, and the speaker of the  assembly,
of  his OR HER intention to conduct a private sale of obligations pursu-
ant to this section not less than five days prior to such  sale  or  the
execution of any binding agreement to effect such sale.
  S  40.  Paragraph  (a)  of  subdivision  4  of section 60 of the state
finance law, as amended by chapter 437 of the laws of 2004,  is  amended
to read as follows:
  (a)  Such  bonds  shall  be sold at par, at par plus a premium [not to
exceed five percent in the case of refunding bonds or five-tenths of one
percent in the case of all other bonds], or at a discount to the  bidder
offering  the  lowest  interest cost to the state, taking into consider-
ation any premium or discount and, in the case of refunding  bonds,  the

S. 6606--A                         290                        A. 9706--A

bona  fide  initial  public  offering price, not less than four nor more
than fifteen days, Sundays excepted, after a notice  of  such  sale  has
been  published  at  least once in a definitive trade publication of the
municipal  bond  industry published on each business day in the state of
New York which is generally available to participants in  the  municipal
bond  industry,  which  notice  shall  state the terms of the sale.  The
comptroller may not change the terms of the sale unless notice  of  such
change is sent via a definitive trade wire service of the municipal bond
industry which, in general, makes available information regarding activ-
ity  and  sales of municipal bonds and is generally available to partic-
ipants in the municipal bond industry, at least one [day] HOUR prior  to
the [date] TIME of the sale as set forth in the original notice of sale.
In  so  changing  the  terms or conditions of a sale the comptroller may
send notice by such wire service that the sale will be delayed by up  to
thirty  days,  provided  that  wire  notice of the new sale date will be
given at least one business day prior to the new time when bids will  be
accepted.  In  such event, no new notice of sale shall be required to be
published. Notwithstanding the provisions of section three hundred  five
of  the  state  technology  law  or any other law, if the notice of sale
contains a provision that bids will only be accepted  electronically  in
the manner provided in such notice of sale, the comptroller shall not be
required to accept non-electronic bids in any form. Advertisements shall
contain  a provision to the effect that the state comptroller, in his OR
HER discretion, may reject any or all bids made  in  pursuance  of  such
advertisements,  and  in  the  event  of such rejection, the state comp-
troller is authorized to negotiate a private  sale  or  readvertise  for
bids  in the form and manner above described as many times as, in his OR
HER judgment, may be necessary to effect a satisfactory sale.   Notwith-
standing  the  foregoing provisions of this subdivision, whenever in the
judgment of the comptroller the interests of the state  will  be  served
thereby,  he  OR SHE may sell state bonds at private sale at par, at par
plus a premium [not to exceed five percent  in  the  case  of  refunding
bonds  or five-tenths of one percent in the case of all other bonds], or
at a discount. The comptroller shall  promulgate  regulations  governing
the  terms  and  conditions of any such private sales, which regulations
shall include a provision that he OR SHE give notice  to  the  governor,
the  temporary  president of the senate, and the speaker of the assembly
of his OR HER intention to conduct a private sale of obligations  pursu-
ant  to  this  section not less than five days prior to such sale or the
execution of any binding agreement to effect such sale.
  S 41. The state finance law is amended by adding a new section  73  to
read as follows:
  S  73.  FEDERAL  INTEREST  SUBSIDY PAYMENTS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY,  THE  COMPTROLLER  SHALL  DEPOSIT  ANY
FEDERAL  INTEREST  SUBSIDY PAYMENTS RECEIVED BY THE STATE FOR STATE-SUP-
PORTED DEBT ISSUED AS BUILD AMERICA BONDS, AS AUTHORIZED PURSUANT TO THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009, AS AMENDED  OR  PURSUANT
TO  ANY  SUCCESSOR  AUTHORIZATION,  TO EACH RESPECTIVE DEBT SERVICE FUND
WHICH RELATES TO SUCH BONDS.
  S 42. Subdivision 2 of section 1680-m of the public  authorities  law,
as  added  by section 39 of part T of chapter 57 of the laws of 2007, is
amended to read as follows:
  2. Notwithstanding any other provision of  law  to  the  contrary,  in
order  to  assist the authority and the urban development corporation in
undertaking the financing [of] FOR construction [of a collections  stor-
age  facility  for  the  state  museum,  the state library and the state

S. 6606--A                         291                        A. 9706--A

archives] AND REHABILITATION  ASSOCIATED  WITH  THE  CULTURAL  EDUCATION
FACILITIES  AND  THE ST. REGIS MOHAWK ELEMENTARY SCHOOL, the director of
the budget is hereby authorized  to  enter  into  one  or  more  service
contracts with the authority and the urban development corporation, none
of  which  shall  exceed  thirty  years in duration, upon such terms and
conditions as the director of the budget and the authority and the urban
development corporation agree, so as to annually provide to the authori-
ty and the urban development corporation, in the aggregate, a sum not to
exceed the principal, interest, and related expenses required  for  such
bonds  and  notes.  Any  service  contract entered into pursuant to this
section shall provide that the obligation of the state to pay the amount
therein provided shall not constitute a debt of  the  state  within  the
meaning of any constitutional or statutory provision and shall be deemed
executory  only  to the extent of monies available and that no liability
shall be incurred by the state beyond  the  monies  available  for  such
purpose,  subject  to  annual appropriation by the legislature. Any such
contract or any payments made or to be made thereunder may  be  assigned
and  pledged  by  the authority and the urban development corporation as
security for its bonds and notes, as authorized by this section.
  S 43. Subdivision 4 of section 1689-i of the public  authorities  law,
as  added  by  chapter  60  of  the  laws of 2006, is amended to read as
follows:
  4. [(a)] To obtain funds for the purposes of this section, the author-
ity shall have power from time to time, in accordance  with  a  schedule
certified  to the authority by the commissioner of education identifying
eligible library construction projects approved for the payment  of  aid
apportionments  pursuant  to  section two hundred seventy-three-a of the
education law, to issue negotiable bonds  or  notes  of  the  authority.
Unless  the context shall clearly indicate otherwise, whenever the words
"bond" or "bonds" are used in this section, such words shall  include  a
note or notes of the authority.
  [(b)  The dormitory authority shall not issue any bonds or notes in an
amount in excess of fourteen million dollars for the  purposes  of  this
section.]
  S  44. Subdivision 5 of section 3234 of the public authorities law, as
amended by section 54 of part K of chapter 81 of the laws  of  2002,  is
amended to read as follows:
  5.  A  majority  of the whole number of directors then in office shall
constitute a quorum for the transaction of any business or the  exercise
of  any  power of the corporation. Except as otherwise specified in this
title, for the transaction of any business or the exercise of any  power
of the corporation, the corporation shall have power to act by a majori-
ty  of  the  directors  present  at  any meeting at which a quorum is in
attendance; provided that one or more directors  may  participate  in  a
meeting  by  means  of  conference  telephone  or similar communications
equipment allowing all directors participating in the  meeting  to  hear
each  other  at  the  same  time  and  participation by such means shall
constitute presence in person at a meeting. A [unanimous] MAJORITY  vote
of  all  directors  THEN  IN  OFFICE shall be required for approval of a
resolution authorizing the issuance of bonds or  notes  or  any  supple-
mental  or amendatory resolution AND SUCH MAJORITY VOTE MUST INCLUDE THE
FAVORABLE VOTES OF THE DIRECTOR OF THE BUDGET AND THE COMPTROLLER.   The
corporation  may  delegate to one or more of its directors, or officers,
agents and employees, such powers and duties as the directors  may  deem
proper.  Five  days notice shall be given to each director and nonvoting
representative prior to any meeting of the corporation.

S. 6606--A                         292                        A. 9706--A

  S 45.  Subdivisions 6 and 8 of section 1689-i of the  public  authori-
ties  law,  as added by section 4 of part I of chapter 61 of the laws of
2006, are amended to read as follows:
  6.  The commissioner of education shall certify, from time to time, to
the dormitory authority, the comptroller, the director of  the  division
of  the  budget, the chair of the senate finance committee and the chair
of the assembly ways and means committee each school district for  which
he or she has determined an aid apportionment for authority financing of
an  EXCEL project pursuant to subdivision fourteen of section thirty-six
hundred forty-one of the education law. Such certification, which  shall
be made within thirty days after such determination or as soon thereaft-
er  as  is  practicable,  shall identify the amount of aid apportionment
which has been approved for such school district and shall estimate  the
date  or  dates  when  such  project  will  be undertaken [to assist the
authority in establishing a schedule for  financing  such  project.  The
commissioner  of  education  shall  notify  the  authority if there is a
change in such date].
  8. To obtain funds for the purposes of  this  section,  the  authority
shall  have power from time to time, [in accordance with a certification
to the authority by the commissioner of education pursuant  to  subdivi-
sion  six  of  this  section,] to issue negotiable bonds or notes of the
authority.  Unless the context shall clearly indicate otherwise, whenev-
er the words "bond" or "bonds" are used  in  this  section,  such  words
shall include a note or notes of the authority.
  S 46. The state finance law is amended by adding a new section 67-d to
read as follows:
  S  67-D.  STATE-SUPPORTED  BOND  AUTHORIZATIONS.  1.  SUBJECT  TO  THE
PROVISIONS OF ARTICLE FIVE-B OF THIS CHAPTER,  AND  NOTWITHSTANDING  ANY
OTHER  PROVISION  OF LAW TO THE CONTRARY, ONE OR MORE AUTHORIZED ISSUERS
OF STATE-SUPPORTED DEBT ARE HEREBY AUTHORIZED TO ISSUE BONDS  AND  NOTES
IN SUCH AMOUNTS NECESSARY TO FINANCE THE PROGRAMMATIC PURPOSES AS SPECI-
FIED  IN THIS SECTION. THE BOND AUTHORIZATIONS SET FORTH IN THIS SECTION
SHALL BE FURTHER LIMITED TO AN AMOUNT INCLUSIVE OF  ANY  STATE-SUPPORTED
DEBT  ISSUED  FOR  SUCH PURPOSES PRIOR TO APRIL FIRST, TWO THOUSAND TEN,
BUT EXCLUSIVE OF BONDS AND NOTES ISSUED TO  FUND  ANY  RESERVE  FUND  OR
FUNDS,  PREMIUM  AND  DISCOUNT, COSTS OF ISSUANCE, AND ANY OTHER RELATED
AMOUNTS NECESSARY TO EFFECTUATE THE ISSUANCE OF SUCH BONDS OR NOTES.  IN
ADDITION,  THE  DIRECTOR  OF  THE  BUDGET  SHALL  ANNUALLY REPORT ON THE
AMOUNTS AUTHORIZED FOR SUCH PURPOSES, AS THEY RELATE TO  CAPITAL  APPRO-
PRIATIONS AUTHORIZED TO BE BOND FINANCED IN THE ENACTED BUDGET.
  (A)  AUTHORIZED ISSUERS OF STATE-SUPPORTED DEBT FOR EDUCATION PURPOSES
ARE AUTHORIZED TO ISSUE BONDS OR NOTES  IN  SUCH  AMOUNTS  NECESSARY  TO
FINANCE PROJECT COSTS IN A TOTAL AMOUNT NOT TO EXCEED TWENTY-ONE BILLION
SEVEN  HUNDRED  EIGHTY-NINE  MILLION  EIGHT  HUNDRED  FORTY-ONE THOUSAND
DOLLARS ($21,789,841,000) INCLUDING:
  (I) STATE UNIVERSITY OF NEW YORK ("SUNY") EDUCATION FACILITIES
  (II) STATE UNIVERSITY OF NEW YORK HOUSING FACILITIES
  (III) STATE UNIVERSITY OF NEW YORK UPSTATE COMMUNITY COLLEGES
  (IV) CITY OF NEW YORK ("CUNY") FACILITIES
  (V) STATE EDUCATION DEPARTMENT
  (VI) LIBRARY FOR THE BLIND
  (VII) STATE UNIVERSITY OF NEW YORK ATHLETIC FACILITIES
  (VIII) RESCUE
  (IX) UNIVERSITY FACILITIES (JOBS 2000)
  (X) SCHOOL DISTRICT CAPITAL OUTLAY GRANTS
  (XI) JUDICIAL TRAINING INSTITUTE

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  (XII) TRANSPORTATION TRANSITION GRANTS
  (XIII) PUBLIC BROADCASTING FACILITIES
  (XIV) HIGHER EDUCATION CAPITAL MATCHING GRANTS
  (XV) EXPANDING OUR CHILDREN'S EDUCATION AND LEARNING (EXCEL)
  (XVI) LIBRARY FACILITIES
  (XVII) CULTURAL EDUCATION STORAGE FACILITIES
  (B)  AUTHORIZED  ISSUERS  OF  STATE-SUPPORTED  DEBT  FOR ENVIRONMENTAL
PURPOSES ARE AUTHORIZED TO ISSUE BONDS OR NOTES IN SUCH  AMOUNTS  NECES-
SARY TO FINANCE PROJECT COSTS IN A TOTAL AMOUNT NOT TO EXCEED THE AMOUNT
OF   TWO   BILLION  NINE  HUNDRED  SEVENTY-FIVE  MILLION  EIGHT  HUNDRED
NINETY-SEVEN THOUSAND DOLLARS ($2,975,897,000), INCLUDING:
  (I) ENVIRONMENTAL INFRASTRUCTURE PROJECTS
  (II) HAZARDOUS WASTE REMEDIATION
  (III) RIVERBANK STATE PARK
  (IV) WATER POLLUTION CONTROL
  (V) STATE PARK INFRASTRUCTURE
  (VI) PIPELINE FOR JOBS (JOBS 2000)
  (VII) WESTERN NEW YORK NUCLEAR SERVICE CENTER (WEST VALLEY)
  (VIII) LONG ISLAND PINE BARRENS PRESERVE
  (IX) PILGRIM SEWAGE PLANT
  (C) AUTHORIZED ISSUERS OF STATE-SUPPORTED DEBT  FOR  STATE  FACILITIES
PURPOSES  ARE  AUTHORIZED TO ISSUE BONDS OR NOTES IN SUCH AMOUNTS NECES-
SARY TO FINANCE PROJECT COSTS IN A TOTAL AMOUNT NOT TO  EXCEED  A  TOTAL
AMOUNT  OF  EIGHT  BILLION  NINE HUNDRED FORTY-SEVEN MILLION SIX HUNDRED
FIFTY-SIX THOUSAND DOLLARS ($8,947,656,000), INCLUDING:
  (I) EMPIRE STATE PLAZA
  (II) STATE CAPITAL PROJECTS
  (III) DIVISION OF STATE POLICE FACILITIES
  (IV) DIVISION OF MILITARY AND NAVAL AFFAIRS
  (V) ALFRED E. SMITH BUILDING
  (VI) ELK STREET PARKING GARAGE
  (VII) IMPROVEMENTS TO STATE OFFICE BUILDINGS AND OTHER FACILITIES
  (VIII) JUDICIARY IMPROVEMENTS
  (IX) OFFICE OF STATE COMPTROLLER STATE BUILDINGS
  (X) ALBANY PARKING GARAGE (EAST PARKING GARAGE)
  (XI) STATE OFFICE BUILDINGS AND OTHER FACILITIES
  (XII) EQUIPMENT ACQUISITION
  (XIII) CORRECTIONAL FACILITIES
  (XIV) HOMELAND SECURITY AND TRAINING FACILITIES
  (XV) YOUTH FACILITIES
  (XVI) E-911 PROGRAM
  (XVII) OFFICE FOR TECHNOLOGY FACILITIES
  (XVIII) FOOD LABORATORY
  (XIX) COURTHOUSE IMPROVEMENTS
  (XX) NEW YORK RACING ASSOCIATION (NYRA)  LAND  ACQUISITION  AND  VIDEO
         LOTTERY TERMINAL CONSTRUCTION
  (D)  AUTHORIZED  ISSUERS OF STATE-SUPPORTED DEBT FOR ECONOMIC DEVELOP-
MENT PURPOSES ARE AUTHORIZED TO ISSUE BONDS OR  NOTES  IN  SUCH  AMOUNTS
NECESSARY  TO  FINANCE  PROJECT  COSTS IN A TOTAL AMOUNT NOT TO EXCEED A
TOTAL AMOUNT OF TEN BILLION SIX HUNDRED NINETY-SEVEN MILLION TWO HUNDRED
FORTY-EIGHT THOUSAND DOLLARS ($10,697,248,000), INCLUDING:
  (I) HOUSING PROGRAMS
  (II) JAVITS CONVENTION CENTER
  (III) COMMUNITY ENHANCEMENT FACILITIES
  (IV) SCIENCE AND TECHNOLOGY CENTER (SYRACUSE)
  (V) SUPER COMPUTER CENTER (CORNELL)

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  (VI) THE CENTER FOR TELECOMMUNICATIONS (COLUMBIA)
  (VII) HIGHER EDUCATION APPLIED TECHNOLOGY (HEAT) PROGRAM
  (VIII) INDUSTRIAL INNOVATION (CITY OF TROY/RPI REFUNDING)
  (IX) THE CENTER FOR ADVANCE MATERIALS PROCESSING (CLARKSON)
  (X) THE CENTER FOR ELECTRO-OPTIC IMAGING (ROCHESTER)
  (XI) THE CENTER FOR NEURAL SCIENCE (NYU)
  (XII) INCUBATOR FACILITIES (ALFRED)
  (XIII) ONONDAGA CONVENTION CENTER
  (XIV) SPORTS FACILITIES
  (XV) CHILD CARE FACILITIES
  (XVI) BIO-TECH FACILITIES
  (XVII) STRATEGIC INVESTMENT PROGRAM (SIP)
  (XVIII) REGIONAL ECONOMIC DEVELOPMENT
  (XIX) NEW YORK STATE ECONOMIC DEVELOPMENT
  (XX) REGIONAL ECONOMIC DEVELOPMENT 2004
  (XXI) HIGH TECHNOLOGY AND DEVELOPMENT
  (XXII) REGIONAL ECONOMIC DEVELOPMENT/SPUR
  (XXIII) BUFFALO INNER HARBOR
  (XXIV) JOBS NOW PROGRAM
  (XXV) ECONOMIC DEVELOPMENT 2006
  (XXVI) JAVITS CONVENTION CENTER EXPANSION(2006)
  (XXVII) QUEENS STADIUM
  (XXVIII) BRONX STADIUM
  (XXIX) NEW YORK STATE ECONOMIC DEVELOPMENT STADIUM PARKING
  (XXX) STATE MODERNIZATION PROJECTS
  (XXXI) INTERNATIONAL COMPUTER CHIP RESEARCH AND DEVELOPMENT CENTER
  (XXXII) 2008 AND 2009 ECONOMIC DEVELOPMENT INITIATIVES
  (XXXIII) H.H. RICHARDSON COMPLEX & DARWIN MARTIN HOUSE
  (E)  AUTHORIZED  ISSUERS OF STATE-SUPPORTED DEBT FOR HEALTH AND MENTAL
HYGIENE PURPOSES ARE AUTHORIZED TO ISSUE BONDS OR NOTES IN SUCH  AMOUNTS
NECESSARY  TO  FINANCE  PROJECT  COSTS IN A TOTAL AMOUNT NOT TO EXCEED A
TOTAL AMOUNT OF  EIGHT  BILLION  FOUR  HUNDRED  SIXTY-FOUR  MILLION  TWO
HUNDRED SIXTY-EIGHT THOUSAND DOLLARS ($8,464,268,000), INCLUDING:
  (I) DEPARTMENT OF HEALTH FACILITIES
  (II) MENTAL HEALTH SERVICES FACILITIES
  (III) HEAL NY CAPITAL PROGRAM
  (F)  AUTHORIZED  ISSUERS  OF  STATE-SUPPORTED  DEBT FOR TRANSPORTATION
PURPOSES ARE AUTHORIZED TO ISSUE BONDS OR NOTES IN SUCH  AMOUNTS  NECES-
SARY  TO  FINANCE  PROJECT COSTS IN A TOTAL AMOUNT NOT TO EXCEED A TOTAL
AMOUNT OF TWENTY-FOUR BILLION EIGHT HUNDRED FORTY MILLION  FOUR  HUNDRED
THIRTY-FOUR THOUSAND DOLLARS ($24,840,434,000), INCLUDING:
  (I) ALBANY COUNTY AIRPORT
  (II) CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM (CHIPS)
  (III) DEDICATED HIGHWAY AND BRIDGE TRUST FUND
  (IV) HIGH SPEED RAIL PROJECTS
  (V) METROPOLITAN   TRANSPORTATION   AUTHORITY   TRANSIT  AND  COMMUTER
        PROJECTS
  (G) THE LOCAL GOVERNMENT ASSISTANCE CORPORATION IS AUTHORIZED TO ISSUE
BONDS OR NOTES IN SUCH AMOUNTS NECESSARY TO FINANCE PROJECT COSTS  IN  A
TOTAL  AMOUNT NOT TO EXCEED A TOTAL AMOUNT OF FOUR BILLION SEVEN HUNDRED
MILLION DOLLARS ($4,700,000,000).
  2. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  IN
ORDER  TO  ASSIST  THE  ISSUERS  OF  STATE-SUPPORTED  DEBT NOT OTHERWISE
SECURED BY A DEDICATION OF SPECIFIC REVENUES, THE DIRECTOR OF BUDGET  IS
AUTHORIZED  TO  ENTER INTO ONE OR MORE SERVICE CONTRACTS OR OTHER AGREE-
MENTS, NONE OF WHICH SHALL EXCEED THIRTY YEARS  IN  DURATION,  WITH  THE

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ISSUERS  OF SUCH STATE-SUPPORTED DEBT, UPON SUCH TERMS AND CONDITIONS AS
THE DIRECTOR OF THE BUDGET AND THE ISSUERS SHALL AGREE.
  (A)  ANY SERVICE CONTRACT OR OTHER AGREEMENTS ENTERED INTO PURSUANT TO
THIS SUBDIVISION OR ANY PAYMENTS MADE OR TO BE MADE  THEREUNDER  MAY  BE
ASSIGNED  AND PLEDGED BY THE ISSUER AS SECURITY FOR ITS BONDS, NOTES, OR
OTHER OBLIGATIONS.
  (B) ANY SUCH SERVICE CONTRACT OR OTHER AGREEMENTS SHALL  PROVIDE  THAT
THE  OBLIGATION OF THE DIRECTOR OF THE BUDGET OR OF THE STATE TO FUND OR
TO PAY THE AMOUNTS THEREIN PROVIDED FOR SHALL NOT CONSTITUTE A  DEBT  OF
THE  STATE  WITHIN  THE  MEANING  OF  ANY  CONSTITUTIONAL  OR  STATUTORY
PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE  EXTENT  MONEYS  ARE
AVAILABLE  AND  THAT  NO LIABILITY SHALL BE INCURRED BY THE STATE BEYOND
THE MONEYS AVAILABLE FOR SUCH  PURPOSE,  AND  THAT  SUCH  OBLIGATION  IS
SUBJECT  TO  ANNUAL  APPROPRIATION  BY  THE  LEGISLATURE. EXCEPT FOR THE
PURPOSE 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.
  (C)  ANY SERVICE CONTRACT OR OTHER AGREEMENTS ENTERED INTO PURSUANT TO
THIS SUBDIVISION SHALL PROVIDE FOR STATE COMMITMENTS TO PROVIDE ANNUALLY
TO THE ISSUER A SUM OR SUMS, UPON SUCH TERMS AND CONDITIONS AS SHALL  BE
DEEMED  APPROPRIATE  BY  THE  DIRECTOR  OF THE BUDGET AND THE AUTHORIZED
ISSUER, TO FUND THE PRINCIPAL,  INTEREST,  AND  OTHER  RELATED  EXPENSES
REQUIRED FOR ANY BONDS, NOTES, OR OTHER OBLIGATIONS.
  3. IN ADDITION TO THE DEBT AUTHORIZATIONS SPECIFIED IN SUBDIVISION ONE
OF  THIS  SECTION,  THE  ISSUERS  OF STATE-SUPPORTED DEBT MAY ALSO ISSUE
BONDS AND NOTES TO REFUND OR OTHERWISE REPAY  PREVIOUSLY  ISSUED  STATE-
SUPPORTED  DEBT. THE AGGREGATE AMOUNT OF INDEBTEDNESS EVIDENCED BY BONDS
AND NOTES OF THE AUTHORIZED ISSUER HEREINAFTER ISSUED PURSUANT  TO  THIS
PARAGRAPH,  INCLUDING  AS  MAY  HAVE  BEEN PREVIOUSLY AUTHORIZED IN LAW,
SHALL EXCLUDE THE AMOUNT OF SUCH INDEBTEDNESS REPRESENTED BY SUCH  BONDS
OR  NOTES  ISSUED  TO REFUND OR OTHERWISE REPAY BONDS OR NOTES; PROVIDED
THAT THE AMOUNT SO EXCLUDED UNDER THIS PARAGRAPH MAY EXCEED THE  PRINCI-
PAL AMOUNT OF SUCH BONDS OR NOTES THAT WERE REFUNDED OR OTHERWISE REPAID
ONLY IF THE PRESENT VALUE OF THE AGGREGATE DEBT SERVICE ON THE REFUNDING
BONDS OR NOTES SHALL NOT HAVE AT THE TIME OF THEIR ISSUANCE EXCEEDED THE
PRESENT  VALUE  OF THE AGGREGATE DEBT SERVICE OF THE BONDS OR NOTES THEY
WERE ISSUED TO REFUND OR REPAY, SUCH PRESENT VALUE IN  EACH  CASE  BEING
CALCULATED  BY  USING  THE  EFFECTIVE  INTEREST RATE OF THE REFUNDING OR
REPAYMENT BONDS OR NOTES, WHICH SHALL BE THAT RATE ARRIVED AT BY  DOUBL-
ING  THE  SEMI-ANNUAL INTEREST RATE (COMPOUNDED SEMI-ANNUALLY) NECESSARY
TO DISCOUNT THE DEBT SERVICE PAYMENTS  ON  THE  REFUNDING  OR  REPAYMENT
BONDS OR NOTES FROM THE PAYMENT DATE THEREOF TO THE DATE OF ISSUE OF THE
REFUNDING  OR REPAYMENT BONDS OR NOTES AND TO THE PRICE BID THEREFOR, OR
TO THE PROCEEDS RECEIVED BY THE AUTHORIZED ISSUER FROM THE SALE  THEREOF
OR AS SUCH PRESENT VALUE IS OTHERWISE DETERMINED IN LAW.
  S  47.  Paragraph  (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 36 of part PP of  chapter  56  of
the laws of 2009, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  the  dormitory  authority shall not issue any bonds for state
university educational facilities purposes if the  principal  amount  of
bonds to be issued when added to the aggregate principal amount of bonds
issued  by  the  dormitory  authority  on and after July first, nineteen
hundred eighty-eight for state university  educational  facilities  will
exceed  ten billion eighty-nine million dollars; provided, however, that
bonds issued or to be issued shall be excluded from such limitation  if:

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(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 aggre-
gate 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,  nine-
teen  hundred  ninety-two and March thirty-first, nineteen hundred nine-
ty-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  subdivi-
sion,  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 issu-
ance 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.  NOTWITHSTANDING THE PROVISIONS OF
THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN,  THE  AMOUNT
OF  STATE-SUPPORTED  DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE  ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE  WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
  S 48. Paragraph j of subdivision 2  of  section  1680  of  the  public
authorities  law,  as  amended by section 37 of part PP of chapter 56 of
the laws of 2009, 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 two hundred 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 relat-
ing to a housing unit under the jurisdiction of the state university  of
New York. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, ON AND AFTER
APRIL  FIRST,  TWO  THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS
SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF  THE
STATE  FINANCE  LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT

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SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS  OF
SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S  49. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 38 of part PP of chapter 56 of the laws  of  2009,
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 five  hundred  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.  NOTWITHSTANDING  THE
PROVISIONS  OF  THIS SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS  SUCH  TERM  IS  DEFINED  IN
SUBDIVISION  ONE  OF  SECTION  SIXTY-SEVEN-A  OF  THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET  FORTH  IN,  AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S  50.  Paragraph  (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 39 of part PP of  chapter  56  of
the laws of 2009, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  (i)  the  dormitory  authority  shall not deliver a series of
bonds for city university community college facilities, except to refund
or to be substituted for or in lieu of other bonds in relation  to  city
university  community college facilities pursuant to a resolution of the
dormitory authority adopted before July first, nineteen hundred  eighty-
five  or any resolution supplemental thereto, if the principal amount of
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 eight hundred forty-three
million two hundred thousand dollars.    The  legislature  reserves  the
right  to  amend  or  repeal  such limit, and the state of New York, the
dormitory authority, the city university, and the  fund  are  prohibited
from  covenanting or making any other agreements with or for the benefit
of bondholders which might in any way affect such right. NOTWITHSTANDING
THE PROVISIONS OF THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS  SUCH  TERM  IS  DEFINED  IN
SUBDIVISION  ONE  OF  SECTION  SIXTY-SEVEN-A  OF  THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET  FORTH  IN,  AND

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SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S  51.  Paragraph  d  of  subdivision 19 of section 1680 of the public
authorities law, as added by chapter 349 of the laws of 1988, is amended
to read as follows:
  d. Any service contract or contracts for projects entered into  pursu-
ant  to  this subdivision shall provide for state commitments to provide
annually to the dormitory authority a sum or sums, upon such  terms  and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or to fund the debt service requirements of any bonds or notes,
including  bonds  issued  to  fund  any  required  debt  service reserve
requirement for bonds, of the dormitory authority issued  to  fund  such
projects  having  a  cost  not  in  excess  of  sixteen million dollars;
PROVIDED THAT NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH,  ON  AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS  SUCH  TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE  ISSUED  SHALL  NOT  EXCEED  THE
AMOUNT  SET  FORTH  IN,  AND  SHALL  BE  ISSUED  IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE  LAW  PROVIDING
THEREFOR; and
  S  52.  Subdivision 8 of section 1680-e of the public authorities law,
as added by chapter 177 of the laws of  1991,  is  amended  to  read  as
follows:
  8.  The  authority  shall  not  issue its bonds to finance the design,
construction, reconstruction,  rehabilitation,  improvement,  furnishing
and  equipping  of  a state university athletic facility in an aggregate
principal amount greater  than  twenty-two  million  dollars;  provided,
however,  that,  in  addition  to such bonds, the authority may issue an
aggregate principal amount of bonds sufficient to fund any reserve funds
established in  connection  therewith  to  pay  the  costs  incurred  in
connection  with  the  issuance of any of such bonds and the cost of the
management of the  design  and  construction  of  the  state  university
athletic  facility.  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION,
ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORT-
ED DEBT,  AS  SUCH  TERM  IS  DEFINED  IN  SUBDIVISION  ONE  OF  SECTION
SIXTY-SEVEN-A  OF  THE  STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL
NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE  ISSUED  IN  ACCORDANCE
WITH,  THE  PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW
PROVIDING THEREFOR.
  S 53. Paragraph (b) of subdivision 4 of section 1689-a of  the  public
authorities law, as amended by section 43 of part H of chapter 56 of the
laws of 2000, is amended to read as follows:
  (b)  The  dormitory authority shall not issue any bonds or notes in an
amount in excess of one hundred  ninety-five  million  dollars  for  the
purposes of this section, excluding a principal amount of bonds or notes
issued  to  fund  one or more debt service reserve funds, to pay for the
costs of issuance of such bonds, and bonds or notes issued to refund  or
otherwise repay such bonds, and bonds or notes previously issued. Except
for the purposes of complying with the internal revenue code, any inter-
est  income  earned  on  bond  proceeds  shall  only be used to pay debt
service on such bonds or notes.
  In computing for the purposes of this paragraph, the aggregate  amount
of  indebtedness evidenced by bonds and notes of the dormitory authority
issued pursuant to this section, there shall be excluded the  amount  of
such indebtedness represented by such bonds or notes issued to refund or
otherwise  repay  bonds  or  notes, provided that the amount so excluded

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under this clause may exceed the principal amount of such bonds or notes
that were issued to refund or otherwise repay only if the present  value
of  the  aggregate  debt  service on the refunding or repayment bonds or
notes  shall not have at the time of their issuance exceeded the present
value of the aggregate debt service of the  bonds  or  notes  they  were
issued  to refund or repay, such present value in each case being calcu-
lated by using the effective interest rate of the refunding or repayment
bonds or notes, 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
or  notes  from  the  payment  date  thereof to the date of issue of the
refunding or repayment bonds or notes and to the price bid therefor,  or
to the proceeds received by the dormitory authority from the sale there-
of,  in  each case including estimated accrued interest. NOTWITHSTANDING
THE PROVISIONS OF THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS  SUCH  TERM  IS  DEFINED  IN
SUBDIVISION  ONE  OF  SECTION  SIXTY-SEVEN-A  OF  THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET  FORTH  IN,  AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S  54.  Paragraph (b) of subdivision 3 of section 1689-c of the public
authorities law, as added by chapter 624 of the laws of 1999, is amended
to read as follows:
  (b) The authority shall not issue any bonds or notes in an  amount  in
excess  of  forty-seven  million  five  hundred thousand dollars for the
purposes of this subdivision, excluding a principal amount of  bonds  or
notes  issued to fund one or more debt service reserve funds, to pay for
the costs of issuance of such bonds, and bonds or notes issued to refund
or otherwise repay such bonds, and bonds  or  notes  previously  issued.
Except for the 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 or notes.
  In computing for the  purposes  of  this  subdivision,  the  aggregate
amount  of  indebtedness  evidenced  by bonds and notes of the authority
issued pursuant to this subdivision, there shall be excluded the  amount
of such indebtedness represented by such bonds or notes issued to refund
or  otherwise repay bonds or notes, provided that the amount so excluded
under this paragraph may exceed the principal amount of  such  bonds  or
notes  that were issued to refund or otherwise repay only if the present
value of the aggregate debt service on the refunding or repayment  bonds
or notes shall not have at the time of their issuance exceeded the pres-
ent  value of the aggregate debt service of the bonds or notes they were
issued to refund or repay, such present value in each case being  calcu-
lated by using the effective interest rate of the refunding or repayment
bonds  or  notes,  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
or notes from the payment date thereof to  the  date  of  issue  of  the
refunding  or repayment bonds or notes and to the price bid therefor, or
to the proceeds received by the dormitory authority from the sale there-
of, in each case including estimated accrued interest.   NOTWITHSTANDING
THE PROVISIONS OF THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN,  THE  AMOUNT  OF  STATE-SUPPORTED  DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION  SIXTY-SEVEN-A  OF  THE  STATE  FINANCE  LAW,
AUTHORIZED  TO  BE  ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND

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SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S  55.  Paragraph (b) of subdivision 4 of section 1689-f of the public
authorities law, as added by section 64 of part H of chapter 83  of  the
laws of 2002, is amended to read as follows:
  (b)  The  dormitory authority shall not issue any bonds or notes in an
amount in excess of one hundred forty million dollars for  the  purposes
of this section, plus a principal amount of bonds or notes:
  (1) to fund any debt service reserve fund, and
  (2) to provide for the payment of fees and other charges and expenses,
including  underwriters' discount, related to the issuance of such bonds
or notes, or related to the provision of any  applicable  bond  or  note
facilities.
  In  computing for the purposes of this paragraph, the aggregate amount
of indebtedness evidenced by bonds and notes of the dormitory  authority
issued  pursuant  to  this  title, there shall be excluded the amount of
such indebtedness represented by such bonds or notes issued to refund or
otherwise repay bonds or notes, provided that  the  amount  so  excluded
under  the clause may exceed the principal amount of such bonds or notes
that were issued to refund or otherwise repay only if the present  value
of  the  aggregate  debt  service on the refunding or repayment bonds or
notes shall not have at the time of their issuance exceeded the  present
value  of  the  aggregate  debt  service of the bonds or notes they were
issued to refund or repay, such present value in each case being  calcu-
lated by using the effective interest rate of the refunding or repayment
bonds  or  notes,  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
or notes from the payment date thereof to  the  date  of  issue  of  the
refunding  or  repayment bonds or notes from the payment date thereof to
the date of issue of the refunding or repayment bonds or  notes  and  to
the  price  bid  therefor,  or to the proceeds received by the dormitory
authority from the  sale  thereof,  in  each  case  including  estimated
accrued  interest.  NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, ON
AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT  OF  STATE-SUPPORTED
DEBT,  AS  SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEV-
EN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT  EXCEED
THE  AMOUNT  SET  FORTH  IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE  LAW  PROVIDING
THEREFOR.
  S  56. Subdivision 2 of section 219-a of the judiciary law, as amended
by section 27 of part K of chapter 81 of the laws of 2002, is amended to
read as follows:
  2. The chief administrator of the courts may enter into  an  agreement
jointly  with  the  dormitory authority and with any other person, firm,
association, corporation or agency pursuant to which facilities for such
institute shall be constructed  or  otherwise  provided  and  thereafter
maintained.  The  maximum  amount  of  bonds that may be issued for such
institute is sixteen million one hundred five thousand  dollars,  exclu-
sive  of  bonds  issued  to fund any reserve fund or funds, pay costs of
issuance and refund bonds. Expenses  of  the  unified  court  system  in
relation  to this agreement shall be paid out of funds appropriated from
the court facilities incentive  aid  fund  to  the  judiciary  for  that
purpose.    NOTWITHSTANDING  THE  PROVISIONS OF THIS SUBDIVISION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION  SIXTY-SEVEN-A  OF

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THE  STATE  FINANCE  LAW,  AUTHORIZED  TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN,  AND  SHALL  BE  ISSUED  IN  ACCORDANCE  WITH,  THE
PROVISIONS  OF  SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
  S  57.  Subdivision  (a)  of section 61 of part C of chapter 57 of the
laws of 2004, amending the education law and other laws relating to  the
calculation  and  payment of state aid to school districts and boards of
cooperative educational services, is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any  provisions  of  law  to  the contrary, one or more
authorized issuers as defined by section 68-a of the state  finance  law
are  hereby  authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed $80,000,000, excluding bonds
issued to finance one or more debt service reserve funds, to  pay  costs
of issuance of such bonds, and bonds or notes issued to refund or other-
wise  repay  such  bonds  or notes previously issued, for the purpose of
financing transportation capital expense  transition  grants  base  year
approved  expenses  for transportation capital, 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.    NOTWITHSTANDING  THE
PROVISIONS  OF  THIS SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS  SUCH  TERM  IS  DEFINED  IN
SUBDIVISION  ONE  OF  SECTION  SIXTY-SEVEN-A  OF  THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET  FORTH  IN,  AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S  58.  Paragraph a of subdivision 5 of section 236-a of the education
law, as added by section 1 of part P of chapter 57 of the laws of  2005,
is amended to read as follows:
  a.  Subject to the provisions of chapter fifty-nine of the laws of two
thousand, but notwithstanding any provisions of law to the contrary, one
or more authorized issuers as defined by section  sixty-eight-a  of  the
state  finance  law are hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not  to  exceed  fifteen
million  dollars,  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  previ-
ously  issued, for the purpose of financing approved capital improvement
project grants for public broadcasting stations in New York  state;  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 paragraph b of this subdivi-
sion and such bonds and notes shall contain on the face thereof a state-
ment to such effect.  Except for purposes of complying with the internal
revenue code, any interest income earned on bond proceeds shall only  be

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used  to pay debt service on such bonds.  NOTWITHSTANDING THE PROVISIONS
OF THIS PARAGRAPH, ON AND AFTER  APRIL  FIRST,  TWO  THOUSAND  TEN,  THE
AMOUNT  OF  STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION
ONE  OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE
ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED  IN
ACCORDANCE  WITH,  THE  PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE
FINANCE LAW PROVIDING THEREFOR.
  S 58-a.  Section 2 of part P of chapter 57 of the laws of 2005, amend-
ing the education law relating to  establishing  a  program  of  capital
financing for public broadcasting stations, as amended by chapter 167 of
the laws of 2009, 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, 2005, and shall
expire March 31, [2010] 2011 when upon such date the provisions of  this
act shall be deemed repealed.
  S 59. Clause (B) of subparagraph (iii) of paragraph (j) of subdivision
4 of section 1 of part U of chapter 57 of the laws of 2005, amending the
labor  law and other laws relating to implementing the state fiscal plan
for the 2005-2006 state fiscal year, as added by section 1 of part D  of
chapter 63 of the laws of 2005, is amended to read as follows:
  (B)  The  dormitory authority shall not issue any bonds or notes in an
amount in excess of  150  million  dollars  for  the  purposes  of  this
section;  excluding  bonds  or  notes  issued  to  fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes  previ-
ously issued. Except for purposes of complying with the internal revenue
code,  any  interest  on  bond  proceeds  shall only be used to pay debt
service on such bonds. NOTWITHSTANDING THE PROVISIONS OF THIS CLAUSE, ON
AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT  OF  STATE-SUPPORTED
DEBT,  AS  SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEV-
EN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT  EXCEED
THE  AMOUNT  SET  FORTH  IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE  LAW  PROVIDING
THEREFOR.
  S 60. Clause (B) of subparagraph (iii) of paragraph (j) of subdivision
4 of section 1680-j of the public authorities law, as added by section 1
of  part  MM  of  chapter  59 of the laws of 2004, is amended to read as
follows:
  (B) The dormitory authority shall not issue any bonds or notes  in  an
amount in excess of three hundred fifty million dollars for the purposes
of  this  section;  excluding  bonds or notes issued to fund one or more
debt service reserve funds, to pay costs of issuance of such bonds,  and
bonds  or  notes issued to refund or otherwise repay such bonds or notes
previously issued. Except for purposes of complying  with  the  internal
revenue  code,  any  interest on bond proceeds shall only be used to pay
debt service on such bonds.   NOTWITHSTANDING  THE  PROVISIONS  OF  THIS
CLAUSE,  ON  AND  AFTER  APRIL  FIRST,  TWO  THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS  DEFINED  IN  SUBDIVISION  ONE  OF
SECTION  SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE  FINANCE
LAW PROVIDING THEREFOR.
  S  61.  Paragraph a of subdivision 14 of section 3641 of the education
law, as added by section 2 of part I of chapter 61 of the laws of  2006,
is amended to read as follows:

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  a. Establishment of the EXCEL program. There is hereby established the
expanding  our  children's  education  and  learning  (EXCEL) program to
provide project financing or assistance in the form of grants to  eligi-
ble  school districts, in addition to, or in lieu of, the apportionments
made  pursuant to subdivisions six, six-a, six-b, six-c, [six-d,] six-e,
six-f and paragraph c of  subdivision  fourteen  of  section  thirty-six
hundred  two  of  this  article, and subdivisions ten and twelve of this
section, for the costs of EXCEL school facility projects. An  apportion-
ment  for  any  such  project  shall initially be available in the state
fiscal year commencing April first, two thousand six.    Notwithstanding
any  provision  of  law  to the contrary, the dormitory authority of the
state of New York shall be authorized to issue  bonds  or  notes  in  an
aggregate  amount  not to exceed two billion six hundred million dollars
for purposes of the EXCEL program.   NOTWITHSTANDING THE  PROVISIONS  OF
THIS  PARAGRAPH,  ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT
OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION  ONE  OF
SECTION  SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE  FINANCE
LAW PROVIDING THEREFOR.
  S  62.  Subdivision 9 of section 1689-i of the public authorities law,
as added by section 4 of part I of chapter 61 of the laws  of  2006,  is
amended to read as follows:
  9.  The  dormitory  authority shall not issue any bonds or notes in an
amount in excess of two billion six  hundred  million  dollars  for  the
purposes of this section, excluding a principal amount of bonds or notes
issued  to  fund  one or more debt service reserve funds, to pay for the
costs of issuance of such bonds, and bonds or notes issued to refund  or
otherwise repay such bonds, and bonds or notes previously issued. Except
for the purposes of complying with the internal revenue code, any inter-
est  income  earned  on  bond  proceeds  shall  only be used to pay debt
service on such bonds or notes. NOTWITHSTANDING THE PROVISIONS  OF  THIS
SUBDIVISION,  ON  AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS  DEFINED  IN  SUBDIVISION  ONE  OF
SECTION  SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE  FINANCE
LAW PROVIDING THEREFOR.
  S  63.  Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 40 of part PP of chapter 56 of the laws  of  2009,
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 fifty-six million  dollars.  NOTWITH-
STANDING  THE  PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST,
TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS  SUCH  TERM  IS
DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE
LAW,  AUTHORIZED  TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN,
AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-
SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S 64. Subdivision 1 of section 1680-m of the public  authorities  law,
as  amended  by section 41 of part PP of chapter 56 of the laws of 2009,
is amended to read as follows:

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  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 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  with  the
internal revenue code, any interest income earned on bond proceeds shall
only  be  used  to  pay debt service on such bonds.  NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST,  TWO  THOUSAND
TEN,  THE  AMOUNT  OF  STATE-SUPPORTED  DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION  SIXTY-SEVEN-A  OF  THE  STATE  FINANCE  LAW,
AUTHORIZED  TO  BE  ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S 65. Subdivision 3 of section 1285-p of the public  authorities  law,
as  amended  by section 42 of part PP of chapter 56 of the laws of 2009,
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 eight hundred sixty-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 previously issued. Such bonds
and notes of the corporation shall not be a debt of the state,  and  the
state  shall not be liable thereon, nor shall they be payable out of any
funds other than those appropriated by the state to the corporation  for
debt  service  and  related  expenses  pursuant to any service contracts
executed pursuant to subdivision one of this section, and such bonds and
notes shall contain on the face thereof  a  statement  to  such  effect.
NOTWITHSTANDING  THE  PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL
FIRST, TWO THOUSAND TEN, THE AMOUNT OF  STATE-SUPPORTED  DEBT,  AS  SUCH
TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE
FINANCE  LAW,  AUTHORIZED  TO  BE ISSUED SHALL NOT EXCEED THE AMOUNT SET
FORTH IN, AND SHALL BE ISSUED IN  ACCORDANCE  WITH,  THE  PROVISIONS  OF
SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S  66.  Subdivision 3 of section 1285-q of the public authorities law,
as added by section 6 of part I of chapter 1 of the  laws  of  2003,  is
amended to read as follows:
  3.  The  maximum amount of bonds that may be issued for the purpose of
financing hazardous waste site remediation projects authorized  by  this
section  shall  not  exceed  one billion two hundred million dollars and
shall not exceed one hundred twenty million dollars  for  appropriations
enacted  for  any  state fiscal year, provided that the bonds not issued
for such appropriations may be issued  pursuant  to  reappropriation  in
subsequent  fiscal  years. No bonds shall be issued for the repayment of

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any new appropriation enacted after  March  thirty-first,  two  thousand
thirteen  for  hazardous  waste  site remediation projects authorized by
this section. Amounts authorized to be issued by this section  shall  be
exclusive  of  bonds  issued to fund any debt service reserve funds, pay
costs of issuance of such bonds, and bonds or notes issued to refund  or
otherwise  repay  bonds or notes previously issued. Such bonds and notes
of the corporation shall not be a debt of the state, and the state shall
not be liable thereon, nor shall they be payable out of any funds  other
than  those  appropriated  by  this  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.   NOTWITH-
STANDING  THE  PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST,
TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS  SUCH  TERM  IS
DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE
LAW,  AUTHORIZED  TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN,
AND SHALL BE ISSUED  IN  ACCORDANCE  WITH,  THE  PROVISIONS  OF  SECTION
SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S  67.  Paragraph  (a)  of subdivision 1 of section 1290 of the public
authorities law, as amended by chapter 366  of  the  laws  of  2004,  is
amended to read as follows:
  (a)  The  corporation  shall  have power and is hereby authorized from
time to time to issue its negotiable or non-negotiable bonds  and  notes
in  conformity with applicable provisions of the uniform commercial code
in such principal amount, as, in the opinion of the  corporation,  shall
be  necessary  to  provide  sufficient funds for achieving its purposes,
including the acquisition and construction, operation and maintenance of
sewage treatment works, sewage collecting systems, solid waste  disposal
facilities, storm water collecting systems, water management facilities,
air  pollution control facilities, the removal, disposal and remediation
of petroleum storage tanks and the remediation of the sites thereof  and
any  other  project or projects authorized pursuant to the provisions of
this title, and paying the cost thereof; the making of loans to  persons
and,  for  purposes  of  sections  twelve  hundred eighty-five-j, twelve
hundred eighty-five-m and twelve hundred  eighty-five-o  of  this  title
only,  to any municipality or recipient for such purposes; the making of
loans, providing of financing or extension of credit to or on behalf  of
beginning  farmers  for purposes of section twelve hundred eighty-five-r
of  this  title  only;  the  financing  of  the   design,   acquisition,
construction,  improvement  and  installation  of  all or any portion of
Riverbank Park, provided however, that any such bonds or notes issued to
finance Riverbank Park shall only be issued in such principal amount  as
shall  be  necessary  to  provide  sufficient funds for the repayment of
amounts disbursed pursuant to appropriations or  reappropriations  under
chapter  fifty-four of the laws of nineteen hundred ninety-one including
any subsequent reappropriation of the unexpended balance of such  appro-
priations or reappropriations for the purpose of Riverbank Park, plus an
amount  sufficient  to fund any debt service reserve fund established by
the corporation for the purpose of Riverbank Park and to provide for the
payment of fees and other charges and expenses  of  the  corporation  in
connection  with  such  bonds  and  notes,  which principal amount shall
constitute the statutory ceiling on the amount of bonds and  notes  that
can  be  issued for such purpose; the financing of all or any portion of
any state park infrastructure project or reimbursement of the state  for
expenditures relating thereto, plus an amount to provide for the payment
of  fees and other charges and expenses of the corporation in connection

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with such bonds and notes; the provision of funds to the state  for  any
amounts  contributed or to be contributed to the water pollution control
revolving fund, the pipeline for jobs fund or the drinking water revolv-
ing  fund  provided,  however,  that  any  such bonds or notes issued to
provide funds to the water pollution control revolving fund,  the  pipe-
line  for  jobs  fund or the drinking water revolving fund shall only be
issued in such principal amount as shall be necessary to provide  suffi-
cient  funds  for  the  repayment  of  amounts disbursed pursuant to any
appropriation or reappropriation enacted for the pipeline for jobs  fund
or  for the payment of the state match for federal capitalization grants
for the water pollution control revolving fund  or  the  drinking  water
revolving  fund,  plus  an  amount  sufficient  to fund any debt service
reserve fund and to provide for fees, charges and other costs  of  issu-
ance,  which  principal amount shall constitute the statutory ceiling on
the amount of bonds and notes that can be issued for such  purpose;  the
financing  of  any  environmental  infrastructure projects authorized by
section twelve hundred eighty-five-p of  this  title;  the  purchase  of
municipal  bonds  and  notes, and bonds and notes of a state agency, the
payment of the cost of any project, the payment of interest on bonds and
notes of the corporation, the establishment of reserves to  secure  such
bonds and notes; the provision of working capital and all other expendi-
tures  of  the  corporation  incident  to and necessary or convenient to
carry out its purposes and powers[;].  NOTWITHSTANDING THE PROVISIONS OF
THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN,  THE  AMOUNT
OF  STATE-SUPPORTED  DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE  ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE  WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
  S 68. Subdivision 1 of section 1285-l of the public  authorities  law,
as  added  by  chapter  55  of  the  laws of 1992, is amended to read as
follows:
  1. Notwithstanding the provisions of any general or special law to the
contrary, the office of parks, recreation and historic  preservation  or
the  division  of  the  budget, with the approval of the director of the
budget, and the corporation are each hereby authorized to enter  into  a
contract  or contracts providing for the financing of the design, acqui-
sition, construction, improvement and installation of all or any portion
of any state park infrastructure project or reimbursement to  the  state
for  costs  incurred  in  connection  with  a  state park infrastructure
project for and on behalf of the state;  and  the  corporation  and  the
office of parks, recreation and historic preservation or the division of
the  budget,  with the approval of the director of the budget, may enter
into a contract, lease, easement, license or other  instrument  pursuant
to which the corporation shall make all or any portion of any state park
infrastructure project available to such state agency. Any such contract
or contracts, lease, easement, license or other instrument shall be upon
such  terms and conditions as the corporation and the state shall deter-
mine to be reasonable, including, but not limited to, the payment of  or
reimbursement to the corporation for (a) all costs of the corporation in
financing  all  or any portion of any state park infrastructure project,
and any claims arising therefrom, (b) all fees and other charges of, and
all expenses incurred by, the corporation in connection with  the  issu-
ance  and administration of any bonds or notes issued by the corporation
for such purpose, and (c)  amounts  sufficient  to  pay  all  principal,
premium,  if  any,  and interest on such bonds or notes. Such payment or

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reimbursement may be made annually or otherwise, may be in fixed amounts
or based on any factors or other matters, or may be made  in  any  other
manner, as such contract or contracts, lease, easement, license or other
instrument  shall provide.   Provided, however, that the net proceeds of
any such bonds or notes issued shall not exceed sixteen million dollars,
not including issuance costs,  capitalized  interest  and  debt  service
reserve  funds.   NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON
AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT  OF  STATE-SUPPORTED
DEBT,  AS  SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEV-
EN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT  EXCEED
THE  AMOUNT  SET  FORTH  IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE  LAW  PROVIDING
THEREFOR.
  S  69.  Subparagraph  (i) of paragraph (b) of subdivision 6 of section
1854 of the public authorities law, as amended by section 27 of  part  B
of chapter 57 of the laws of 1998, is amended to read as follows:
  (i)  Notwithstanding  the  provisions of any general or special law to
the contrary, the director of the budget and the chair of the  authority
are  each authorized to enter into one or more service contracts, and to
amend or supplement any  existing  service  contract,  with  respect  to
programs,  projects,  and  activities  of the authority pursuant to this
subdivision, upon such terms as the director of the budget and the chair
of the authority may agree, including, but not  limited  to,  provisions
relating  to  the  respective obligations of the state and the authority
with respect to administration, management, maintenance, and use of  the
real property at the Western New York Nuclear Service Center held by the
authority,  design,  construction,  modification, operation, and mainte-
nance of facilities thereon, and implementation of  programs,  projects,
or  activities  to improve or correct conditions thereon, including, but
not limited to, the West Valley demonstration  project,  and  provisions
providing  for  the payment of (A) all fees and charges of, and expenses
and other non-asset costs of financing incurred  by,  the  authority  in
connection  with  the  issuance and administration of special obligation
bonds or notes to pay for or reimburse the state with  respect  to  such
actions,  and  (B)  all  debt  service payments on such bonds and notes.
Provided, however, that the aggregate net proceeds of any such bonds  or
notes  issued,  excluding  any  bonds or notes issued for the purpose of
refunding other bonds and notes issued under this subdivision, shall not
exceed the aggregate of amounts appropriated for  such  actions  in  the
state fiscal year ending March thirty-one, nineteen hundred ninety-three
and  any  state  fiscal  year  thereafter  up to and including the state
fiscal year ending March thirty-first, nineteen hundred ninety-nine, not
including amounts to be applied to the payment of  all  fees  and  other
charges of, and expenses and other non-asset costs of financing incurred
by,  the authority in connection with the issuance and administration of
such bonds and notes; and, capitalized interest and debt service reserve
funds established for such bonds or notes and the acquisition of  insur-
ance, letters of credit or other credit enhancement or liquidity facili-
ties  obtained  in  connection with such bonds or notes. NOTWITHSTANDING
THE PROVISIONS OF THIS SUBPARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOU-
SAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION  SIXTY-SEVEN-A  OF  THE  STATE  FINANCE  LAW,
AUTHORIZED  TO  BE  ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.

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  S 70. Subdivision (a) of section 93 of chapter 83 of the laws of 1995,
amending the  state  finance  law  and  other  laws  relating  to  state
finances,  as  amended by chapter 309 of the laws of 1996, is amended to
read as follows:
  (a) Notwithstanding the provisions of section 18 of the New York state
urban  development corporation act, the urban development corporation is
hereby authorized to issue bonds or  notes  in  an  aggregate  principal
amount  not  to exceed $15,000,000 excluding bonds issued to fund a debt
service reserve fund, 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  the  Long  Island  pine  barrens  land
acquisition  as  authorized  by  chapter  54 of the laws of 1995 and all
subsequent reappropriations of the appropriation made pursuant to  chap-
ter  54  of  the  laws  of  1995 for the purpose of the Long Island pine
barrens land acquisition, and to reimburse the  state  capital  projects
fund  for  disbursements  made  therefor.    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 the service contract  and  such  bonds  and
notes  shall  contain  on  the  face thereof a statement to such effect.
NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND  AFTER  APRIL
FIRST,  TWO  THOUSAND  TEN,  THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH
TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE
FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT  EXCEED  THE  AMOUNT  SET
FORTH  IN,  AND  SHALL  BE  ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF
SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S 71. Paragraph (e) of subdivision 1 of section  1290  of  the  public
authorities  law,  as added by section 29 of part K of chapter 81 of the
laws of 2002, is amended to read as follows:
  (e) Notwithstanding any other law to  the  contrary,  the  corporation
shall  not issue any notes or bonds on behalf of any state department or
agency to fund the removal, disposal and remediation of petroleum  stor-
age  tanks  and the remediation of the sites thereof or on behalf of the
office of mental health to finance the pilgrim  state  sewage  treatment
project,  after  the thirty-first day of March, nineteen hundred ninety-
six. This limitation shall not apply to bonds and notes issued to refund
bonds issued for such purposes. NOTWITHSTANDING THE PROVISIONS  OF  THIS
PARAGRAPH,  ON  AND  AFTER  APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS  DEFINED  IN  SUBDIVISION  ONE  OF
SECTION  SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE  FINANCE
LAW PROVIDING THEREFOR.
  S  72.  Subdivision  1  of section 2 of chapter 7 of the laws of 1989,
authorizing the New York state urban development corporation  to  assist
the  state  in  restructuring certain payment requirements is amended to
read as follows:
  (1) Notwithstanding the provisions of section 18 of the UDC  act,  the
corporation is hereby authorized, as a civic project of the corporation,
to  issue  bonds and notes in an aggregate original principal amount not
to exceed one hundred thirty-three million dollars  ($133,000,000),  and
to  make available the proceeds received from the sale of such bonds and
notes to the New York state office of general services, for the purposes
of financing the acquisition of interests in state office facilities  as
further  authorized  by this act.  Bonds issued or to be issued for such

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purposes shall be excluded from  the  foregoing  limitation  as  to  the
aggregate  original  principal amount if such bonds are issued to refund
bonds issued for such 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. For purposes
hereof, 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.    NOTWITHSTANDING  THE  PROVISIONS OF THIS SUBDIVISION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION  SIXTY-SEVEN-A  OF
THE  STATE  FINANCE  LAW,  AUTHORIZED  TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN,  AND  SHALL  BE  ISSUED  IN  ACCORDANCE  WITH,  THE
PROVISIONS  OF  SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
  S 73. Subdivision 1 of section 342 of chapter 190 of the laws of  1990
amending  the  tax law relating to certain taxes, fees and other imposi-
tions, is amended to read as follows:
  (1) Notwithstanding the provisions of section 18 of the UDC  act,  the
corporation  is  hereby  authorized to issue bonds, notes or other obli-
gations in an aggregate principal  amount  not  to  exceed  two  hundred
million  dollars, plus a principal amount of bonds, notes or other obli-
gations (a) to fund any related debt  service  reserve  fund,  or  other
reserve funds as may be needed, (b) to provide capitalized interest, and
(c) to provide fees and other charges and expenses, including underwrit-
ers'  discount,  related  to  the issuance of such bonds, notes or other
obligations and the maintenance of such reserves, all as  determined  by
the  corporation,  excluding bonds, notes or other obligations issued to
refund or otherwise repay bonds, notes or other obligations  theretofore
issued  for  such  purposes.  In computing the total principal amount of
bonds, notes or other obligations that may at any time be issued for any
purpose under this section, the amount of the outstanding  bonds,  notes
or  other  obligations that constitutes interest under the United States
Internal Revenue Code of 1986, as amended to the effective date of  this
section,  shall  be  excluded.  The corporation is further authorized to
apply the proceeds received from the sale of such bonds, notes or  other
obligations  (except  for  any portion of such proceeds allocated to the
payment of costs of issuance, the funding of a debt service reserve fund
or other reserves as may be needed, or the paying of capitalized  inter-
est) to purchases of interests from the state pursuant to sections three
hundred  thirty-nine  through  three  hundred  forty-seven  of this act.
NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND  AFTER  APRIL
FIRST,  TWO  THOUSAND  TEN,  THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH
TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE
FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT  EXCEED  THE  AMOUNT  SET
FORTH  IN,  AND  SHALL  BE  ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF
SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S 74. 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  43  of

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part  PP  of  chapter  56  of  the  laws  of 2009, 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
$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.   NOTWITHSTANDING THE PROVISIONS OF THIS
SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE  AMOUNT  OF
STATE-SUPPORTED  DEBT,  AS  SUCH  TERM  IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE  ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE  WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
  S 75. Subdivision (a) of section 28 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, is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any  provisions  of  law  to  the contrary, one or more
authorized issuers as defined by section 68-a of the state  finance  law
are  hereby  authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed $15,000,000, excluding bonds
issued to finance one or more debt service reserve funds, to  pay  costs
of issuance of such bonds, and bonds or notes issued to refund or other-
wise  repay  such  bonds  or notes previously issued, for the purpose of
financing capital projects for public protection facilities in the Divi-
sion of Military and Naval Affairs, debt  service  and  leases;  and  to
reimburse  the  state general fund for disbursements made therefor. Such
bonds and notes of such authorized issuer shall not be  a  debt  of  the
state,  and  the  state  shall  not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the  state  to
such authorized issuer for debt service and related expenses pursuant to
any  service  contract  executed  pursuant  to  subdivision  (b) of this
section and such bonds and notes shall contain on  the  face  thereof  a
statement  to  such  effect.  Except  for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service  on  such  bonds.  NOTWITHSTANDING  THE
PROVISIONS  OF  THIS SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS  SUCH  TERM  IS  DEFINED  IN
SUBDIVISION  ONE  OF  SECTION  SIXTY-SEVEN-A  OF  THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET  FORTH  IN,  AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.

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  S  76.  Subdivision  (a)  of section 34 of part K of chapter 81 of the
laws of 2002 relating to the financing of certain buildings  located  in
the  city  of Albany, as amended by section 21 of part P-2 of chapter 62
of the laws of 2003, 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 New York state urban
development corporation act, the urban development corporation is hereby
authorized to issue bonds or notes in one or more series in an aggregate
principal amount not to exceed $89,000,000, excluding  bonds  issued  to
fund one or more debt service reserve funds, to pay costs of issuance of
such  bonds, and bonds or notes issued to refund or otherwise repay such
bonds or notes previously issued,  for  the  purpose  of  financing  the
Alfred E. Smith office building located in the city of Albany, 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 of thereof a
statement to such effect. Except for  purposes  of  complying  with  the
internal revenue code, any interest income earned on bond proceeds shall
only  be  used  to  pay debt service on such bonds.  NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST,  TWO  THOUSAND
TEN,  THE  AMOUNT  OF  STATE-SUPPORTED  DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION  SIXTY-SEVEN-A  OF  THE  STATE  FINANCE  LAW,
AUTHORIZED  TO  BE  ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S 77. Subdivision (a) of section 35 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, 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 New York state urban
development corporation act, the urban development 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 previously issued, for the purpose of financing the Elk
street parking garage building located in the city of Albany,  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.  NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST,  TWO  THOUSAND
TEN,  THE  AMOUNT  OF  STATE-SUPPORTED  DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION  SIXTY-SEVEN-A  OF  THE  STATE  FINANCE  LAW,
AUTHORIZED  TO  BE  ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND

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SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S  78.  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 44 of
part PP of chapter 56 of the  laws  of  2009,  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
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  $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 buildings and other
facilities  located  statewide,  including  the  reimbursement  of   any
disbursements  made from the state capital projects fund. Such bonds and
notes of the corporation shall not be a debt of the state, and the state
shall not be liable thereon, nor shall they be payable out of any  funds
other  than  those appropriated by the state to the corporation for debt
service and related expenses pursuant to any service contracts  executed
pursuant  to  subdivision  (b) of this section, and such bonds and notes
shall contain on the face thereof a statement to such effect.
  Except for purposes of complying with the internal revenue  code,  any
interest  income  earned on bond proceeds shall only be used to pay debt
service on such bonds.  NOTWITHSTANDING THE PROVISIONS OF THIS  SUBDIVI-
SION,  ON  AND  AFTER  APRIL  FIRST,  TWO  THOUSAND  TEN,  THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS  DEFINED  IN  SUBDIVISION  ONE  OF
SECTION  SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE  FINANCE
LAW PROVIDING THEREFOR.
  S  79.  Paragraph (b) of subdivision 3 of section 1680-i of the public
authorities law, as amended by section 25 of part P-2 of chapter  62  of
the laws of 2003, is amended to read as follows:
  (b)  The  dormitory authority shall not issue any bonds or notes in an
amount in excess of thirty-seven million six  hundred  thousand  dollars
for  the  purposes  of  this section; excluding bonds or notes issued to
fund one or more debt service reserve funds, to pay costs of issuance of
such bonds, and bonds or notes issued to refund or otherwise repay  such
bonds  or notes previously issued. Except for purposes of complying with
the internal revenue code, any interest on bond proceeds shall  only  be
used  to pay debt service on such bonds.  NOTWITHSTANDING THE PROVISIONS
OF THIS PARAGRAPH, ON AND AFTER  APRIL  FIRST,  TWO  THOUSAND  TEN,  THE
AMOUNT  OF  STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION
ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO  BE
ISSUED  SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN

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ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D  OF  THE  STATE
FINANCE LAW PROVIDING THEREFOR.
  S  80.  Paragraph  (a) of subdivision 36 of section 1680 of the public
authorities law, as added by chapter 5 of the laws of 1998,  is  amended
to read as follows:
  (a)  The dormitory authority is empowered and authorized to enter into
a lease, sublease, lease purchase, or other agreement with the office of
general services of the state of New York pursuant to which one or  more
facilities  are  to  be  acquired, designed, constructed, reconstructed,
rehabilitated, improved or otherwise made available for the provision of
parking facilities for the state of New York in the city of Albany,  New
York  and  pursuant  to  which  such  facilities  are to be furnished or
equipped and in furtherance of such authorization, the  commissioner  of
general services is hereby empowered to grant or convey to the dormitory
authority,  such  lands  as may be necessary for such purposes upon such
terms and conditions as the commissioner of general services may fix and
determine  provided,  however,  that   any   contract   or   lease   for
construction, reconstruction or rehabilitation authorized by this subdi-
vision shall be governed by article eight of the labor law.  Such lease,
sublease, lease purchase, or other agreement may provide for the payment
of  annual rentals and other payments by the state of New York on behalf
of the departments or agencies having occupancy or use  thereof  to  the
dormitory  authority from appropriations as provided in paragraph (c) of
this subdivision and may contain such other terms and conditions as  may
be  agreed  upon  by  the parties thereto, including but not limited to,
provisions relating to the maintenance and operation of the  facilities,
the establishment of reserve funds, indemnities and the disposition of a
facility  or  the  interest  of the dormitory authority therein, if any,
prior to or upon termination or  expiration  of  such  lease,  sublease,
lease purchase or other agreement. Such lease, sublease, lease purchase,
or  other  agreement shall be subject to the approval of the director of
the budget.  NOTWITHSTANDING THE PROVISIONS OF THIS  PARAGRAPH,  ON  AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS  SUCH  TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE  ISSUED  SHALL  NOT  EXCEED  THE
AMOUNT  SET  FORTH  IN,  AND  SHALL  BE  ISSUED  IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE  LAW  PROVIDING
THEREFOR.
  S  81.  Paragraph  (a) of subdivision 35 of section 1680 of the public
authorities law, as added by chapter 5 of the laws of 1998,  is  amended
to read as follows:
  (a)  The dormitory authority is empowered and authorized to enter into
a lease, sublease, lease purchase, or other agreement with the office of
general services of the state of New York on behalf of the department of
audit and control of the state of New York pursuant to which one or more
facilities are to be  designed,  acquired,  constructed,  reconstructed,
rehabilitated,  improved  or  otherwise  provided  for the department of
audit and control of the state of New York, the New York state and local
employees' retirement system and the New York state and local police and
fire retirement system and pursuant to which such facilities are  to  be
furnished  or equipped provided, however, that any contract or lease for
construction, reconstruction or rehabilitation authorized by this subdi-
vision shall be governed by article eight of the labor law. Such  lease,
sublease, lease purchase, or other agreement may provide for the payment
of  annual  rentals  and  other  payments by the department of audit and
control of the state of New York to the dormitory authority from  appro-

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priations  as  provided  in  paragraph  (c)  of this subdivision or from
payments made pursuant to any lease, sublease, lease purchase, or  other
agreement  authorized  pursuant to paragraph (f) of this subdivision and
contain  such  other  terms  and conditions as may be agreed upon by the
parties thereto, including but not limited to,  provisions  relating  to
the  maintenance  and  operation of the facilities, the establishment of
reserve funds, indemnities and the disposition  of  a  facility  or  the
interest  of  the  dormitory authority therein, if any, prior to or upon
termination or expiration of such lease, sublease  or  other  agreement.
Such  lease,  sublease,  lease  purchase,  or  other  agreement shall be
subject to the approval of the director of the budget.   NOTWITHSTANDING
THE PROVISIONS OF THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN,  THE  AMOUNT  OF  STATE-SUPPORTED  DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION  SIXTY-SEVEN-A  OF  THE  STATE  FINANCE  LAW,
AUTHORIZED  TO  BE  ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S 82. Subdivision 1 of section 1680-n of the public  authorities  law,
as  added  by section 46 of part T of chapter 57 of the laws of 2007, 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 the acquisition of state buildings and other
facilities. The aggregate principal amount of  bonds  authorized  to  be
issued  pursuant  to  this  section  shall  not exceed one hundred forty
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 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 and the urban develop-
ment 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.  NOTWITH-
STANDING  THE  PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST,
TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS  SUCH  TERM  IS
DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE
LAW,  AUTHORIZED  TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN,
AND SHALL BE ISSUED  IN  ACCORDANCE  WITH,  THE  PROVISIONS  OF  SECTION
SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S  83.  Subdivision  4  of  section  66-b of the state finance law, as
amended by section 45 of part PP of chapter 56 of the laws of  2009,  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  five  hundred
sixty-four  million  dollars.  Such amount shall be exclusive of certif-
icates of participation or similar instruments issued to fund a  reserve

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fund  or funds, costs of issuance and to refund outstanding certificates
of participation.  NOTWITHSTANDING THE PROVISIONS OF  THIS  SUBDIVISION,
ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORT-
ED  DEBT,  AS  SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-
SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED  TO  BE  ISSUED  SHALL  NOT
EXCEED  THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH,
THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVID-
ING THEREFOR.
  S 84. Subdivision 1 of section 1680-k of the public  authorities  law,
as added by section 5 of part J-1 of chapter 109 of the laws of 2006, is
amended to read as follows:
  1.  Subject to the provisions of chapter fifty-nine of the laws of two
thousand, but notwithstanding any provisions of law to the contrary, the
dormitory authority is hereby authorized to issue bonds or notes in  one
or  more  series  in  an  aggregate principal amount not to exceed forty
million dollars 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 previ-
ously issued, for the purpose of financing the construction of  the  New
York  state  agriculture  and  markets food laboratory. Eligible project
costs may include, but not be limited to the cost of design,  financing,
site  investigations,  site  acquisition  and  preparation,  demolition,
construction, rehabilitation, acquisition of  machinery  and  equipment,
and infrastructure improvements. Such bonds and notes of such authorized
issuers  shall  not  be  a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any  funds  other  than
those  appropriated  by  the  state  to such authorized issuers for debt
service and related expenses pursuant to any service  contract  executed
pursuant  to  subdivision  two  of this section and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with  the  internal  revenue  code,  any  interest
income earned on bond proceeds shall only be used to pay debt service on
such  bonds.  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION  SIXTY-SEVEN-A  OF
THE  STATE  FINANCE  LAW,  AUTHORIZED  TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN,  AND  SHALL  BE  ISSUED  IN  ACCORDANCE  WITH,  THE
PROVISIONS  OF  SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
  S 85. Subdivision (a) of section 32 of chapter 60 of the laws of 2006,
relating to providing for administration of certain funds  and  accounts
related  to the 2006-2007 budget, as amended by section 45 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, one or more
authorized issuers as defined by section 68-a of the state  finance  law
are  hereby  authorized to issue bonds or notes in one or more series in
an aggregate principal amount  not  to  exceed  $120,500,000,  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 office for technology 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

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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.  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON  AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS  SUCH  TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE  ISSUED  SHALL  NOT  EXCEED  THE
AMOUNT  SET  FORTH  IN,  AND  SHALL  BE  ISSUED  IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE  LAW  PROVIDING
THEREFOR.
  S  86.  Section  1680-o  of  the public authorities law, as amended by
section 49-b of part PP of chapter 56 of the laws of 2009, is amended to
read as follows:
  S  1680-o.  Courthouse  improvements  and  training   facilities.   1.
Notwithstanding  the  provisions  of  any other law to the contrary, the
authority and the urban development corporation are hereby authorized to
issue bonds or notes in one or more series for the  purpose  of  funding
project  costs  for  eligible  courthouse improvements, drug courts, and
training facilities. The aggregate principal amount of bonds  authorized
to  be  issued  pursuant  to  this  section shall not exceed eighty-five
million nine hundred 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
and  the  urban  development  corporation  for  principal, interest, and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with  the  internal  revenue  code,  any  interest
income earned on bond proceeds shall only be used to pay debt service on
such  bonds.    NOTWITHSTANDING  THE  PROVISIONS OF THIS SECTION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION  SIXTY-SEVEN-A  OF
THE  STATE  FINANCE  LAW,  AUTHORIZED  TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN,  AND  SHALL  BE  ISSUED  IN  ACCORDANCE  WITH,  THE
PROVISIONS  OF  SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
  S 87. 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 PP of chapter 56 of the laws of 2009, 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 eight hundred
thirty-seven million eight hundred thousand dollars $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,

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for  deposit  in the correctional facilities capital improvement fund to
pay for all or any portion of the amount or amounts paid  by  the  state
from  appropriations  or  reappropriations  made  to  the  department of
correctional  services from the correctional facilities capital improve-
ment fund for capital projects. The aggregate amount of bonds, notes  or
other obligations authorized to be issued pursuant to this section shall
exclude  bonds, notes or other obligations issued to refund or otherwise
repay bonds, notes or other obligations theretofore issued, the proceeds
of which were paid to the state for all or  a  portion  of  the  amounts
expended  by  the  state from appropriations or reappropriations made to
the department of correctional services; provided,  however,  that  upon
any  such refunding or repayment the total aggregate principal amount of
outstanding bonds, notes or other obligations may be greater  than  five
billion  eight  hundred  thirty-seven  million  eight  hundred  thousand
dollars $5,837,800,000, only if the present value of the aggregate  debt
service  of the refunding or repayment bonds, notes or other obligations
to be issued shall not exceed the present value of  the  aggregate  debt
service  of  the  bonds, notes or other obligations so to be refunded or
repaid. For the purposes hereof, the present value of the aggregate debt
service of the refunding or repayment bonds, notes or other  obligations
and  of  the  aggregate  debt service of the bonds, notes or other obli-
gations so refunded or repaid, shall  be  calculated  by  utilizing  the
effective  interest  rate  of the refunding or repayment bonds, notes or
other obligations, which shall be that rate arrived at by  doubling  the
semi-annual   interest  rate  (compounded  semi-annually)  necessary  to
discount the debt service payments on the refunding or repayment  bonds,
notes or other obligations from the payment dates thereof to the date of
issue  of  the  refunding or repayment bonds, notes or other obligations
and to the price bid including estimated accrued  interest  or  proceeds
received  by  the  corporation including estimated accrued interest from
the sale thereof.  NOTWITHSTANDING THE PROVISIONS OF  THIS  SUBDIVISION,
ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORT-
ED  DEBT,  AS  SUCH  TERM  IS  DEFINED  IN  SUBDIVISION  ONE  OF SECTION
SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO  BE  ISSUED  SHALL
NOT  EXCEED  THE  AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE
WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE  FINANCE  LAW
PROVIDING THEREFOR.
  S  88.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
laws of 2002, relating to the financing of certain buildings located  in
the city of Albany, as amended by section 44 of part PP of chapter 56 of
the laws of 2009, 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
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  $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

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refund or otherwise repay such bonds or notes previously issued, for the
purpose  of  financing  improvements to State office buildings and other
facilities  located  statewide,  including  the  reimbursement  of   any
disbursements  made from the state capital projects fund. Such bonds and
notes of the corporation shall not be a debt of the state, and the state
shall not be liable thereon, nor shall they be payable out of any  funds
other  than  those appropriated by the state to the corporation for debt
service and related expenses pursuant to any service contracts  executed
pursuant  to  subdivision  (b) of this section, and such bonds and notes
shall contain on the face thereof a statement to such effect.
  Except for purposes of complying with the internal revenue  code,  any
interest  income  earned on bond proceeds shall only be used to pay debt
service on such bonds.  NOTWITHSTANDING THE PROVISIONS OF THIS  SUBDIVI-
SION,  ON  AND  AFTER  APRIL  FIRST,  TWO  THOUSAND  TEN,  THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS  DEFINED  IN  SUBDIVISION  ONE  OF
SECTION  SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE  FINANCE
LAW PROVIDING THEREFOR.
  S 89. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of  1997,  providing  for  the  financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended  by
section  20 of part P-2 of chapter 62 of the laws of 2003, 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  three  hundred  twenty-eight
million  five  hundred  fifteen  thousand  dollars ($328,515,000), which
authorization increases the aggregate principal amount of  bonds,  notes
and  other  obligations  authorized  by section 40 of chapter 309 of the
laws of 1996, and shall include all bonds, notes and  other  obligations
issued  pursuant  to  chapter  211  of  the  laws of 1990, as amended or
supplemented. The proceeds of such bonds,  notes  or  other  obligations
shall be paid to the state, for deposit in the youth facilities improve-
ment  fund,  to pay for all or any portion of the amount or amounts paid
by the state from appropriations or reappropriations made to the  office
of  children  and  family services from the youth facilities improvement
fund for capital projects. The aggregate  amount  of  bonds,  notes  and
other obligations authorized to be issued pursuant to this section shall
exclude  bonds, notes or other obligations issued to refund or otherwise
repay bonds, notes or other obligations theretofore issued, the proceeds
of which were paid to the state for all or  a  portion  of  the  amounts
expended  by  the  state from appropriations or reappropriations made to
the office of children and family services; provided, however, that upon
any such refunding or repayment the total aggregate principal amount  of
outstanding  bonds, notes or other obligations may be greater than three
hundred twenty-eight  million  five  hundred  fifteen  thousand  dollars
($328,515,000),  only if the present value of the aggregate debt service
of the refunding or repayment bonds, notes or other  obligations  to  be
issued  shall not exceed the present value of the aggregate debt service
of the bonds, notes or other obligations so to be  refunded  or  repaid.
For the purposes hereof, the present value of the aggregate debt service
of  the  refunding or repayment bonds, notes or other obligations and of
the aggregate debt service of the bonds, notes or other  obligations  so

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refunded  or  repaid,  shall  be  calculated  by utilizing the effective
interest rate of the refunding or repayment bonds, notes or other  obli-
gations, which shall be that rate arrived at by doubling the semi-annual
interest  rate (compounded semi-annually) necessary to discount the debt
service payments on the refunding or repayment  bonds,  notes  or  other
obligations  from  the payment dates thereof to the date of issue of the
refunding or repayment bonds, notes or  other  obligations  and  to  the
price  bid  including estimated accrued interest or proceeds received by
the corporation including estimated accrued interest from the sale ther-
eof.  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON  AND  AFTER
APRIL  FIRST,  TWO  THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS
SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF  THE
STATE  FINANCE  LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT
SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS  OF
SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S  90.  Subdivision 3 of section 1689-h of the public authorities law,
as added by section 5 of part Y of chapter 62 of the laws  of  2003,  is
amended to read as follows:
  3. To obtain funds for the purposes of this subdivision, the authority
is  hereby authorized to issue bonds or notes in an amount not to exceed
one hundred million dollars excluding bonds issued to fund one  or  more
debt  service reserve funds, to pay costs of issuance of such bonds, and
bonds or notes issued to refund or otherwise repay such bonds  or  notes
previously  issued,  for  payment  of  the costs of expedited deployment
funding in accordance with the provisions of section three hundred thir-
ty-three of the county law.   NOTWITHSTANDING  THE  PROVISIONS  OF  THIS
SUBDIVISION,  ON  AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS  DEFINED  IN  SUBDIVISION  ONE  OF
SECTION  SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE  FINANCE
LAW PROVIDING THEREFOR.
  S  91.  Subdivisions  (a)  and (b) of section 103 of chapter 18 of the
laws of 2008, amending the racing, pari-mutuel wagering and breeding law
and other laws relating to racing  corporations  and  associations,  are
amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provisions of law to the contrary,  the  urban
development  corporation is hereby authorized to issue bonds or notes in
one or more series in  an  aggregate  principal  amount  not  to  exceed
$105,000,000,  excluding  bonds  or  notes issued to finance one or more
debt service reserve funds, to pay costs of issuance of  such  bonds  or
notes  and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing the acquisition
of clear title to the Aqueduct,  Belmont  and  Saratoga  racetracks  and
related  real property through a payment or payments by the state pursu-
ant to an order of the United States bankruptcy court for  the  southern
district  of New York approving a plan of reorganization of the New York
racing association. Eligible project  costs  may  include,  but  not  be
limited  to the cost of site acquisition, costs relating to clearance of
title, professional fees and costs of  issuance.    NOTWITHSTANDING  THE
PROVISIONS  OF  THIS SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS  SUCH  TERM  IS  DEFINED  IN
SUBDIVISION  ONE  OF  SECTION  SIXTY-SEVEN-A  OF  THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET  FORTH  IN,  AND

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SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  (b)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provisions of law to the contrary,  the  urban
development  corporation is hereby authorized to issue bonds or notes in
one or more series in  an  aggregate  principal  amount  not  to  exceed
$250,000,000,  excluding  bonds  or  notes issued to finance one or more
debt service reserve funds, to pay costs of issuance of  such  bonds  or
notes  and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose  of  financing  the  design,
acquisition,  construction  and  equipment  of such structures as may be
necessary to properly house video lottery terminal  gaming  at  Aqueduct
racetrack.  Eligible  project  costs may include, but not be limited to,
the cost of property acquisition, studies, appraisals, surveys, testing,
environmental  impact  statements,  infrastructure,   facility   design,
construction  and  equipment,  costs of leasing space, professional fees
and costs of issuance.  NOTWITHSTANDING THE PROVISIONS OF THIS  SUBDIVI-
SION,  ON  AND  AFTER  APRIL  FIRST,  TWO  THOUSAND  TEN,  THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS  DEFINED  IN  SUBDIVISION  ONE  OF
SECTION  SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE  FINANCE
LAW PROVIDING THEREFOR.
  S  92. Subdivision 2 of section 553-b of the public authorities law is
amended by adding a new paragraph (c) to read as follows:
  (C) NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON  AND  AFTER
APRIL  FIRST,  TWO  THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS
SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF  THE
STATE  FINANCE  LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT
SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS  OF
SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S  93.  Section  21-e of chapter 432 of the laws of 1997, amending the
state finance law and other laws relating to the transportation, econom-
ic development and environmental conservation budget, is amended to read
as follows:
  S 21-e.   Notwithstanding the provisions  of  any  other  law  to  the
contrary,  the authority is hereby authorized to issue bonds or notes in
one or more series for the purpose of funding project  costs  or  making
grants,  loans or combinations thereof for community enhancement facili-
ties projects. The aggregate principal amount of bonds authorized to  be
issued  pursuant  to  this section shall not exceed four hundred twenty-
five million dollars total for all issuing authorities, 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 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  debt  service  and
related expenses pursuant to a service contract and such bonds and notes
shall  contain  on  the face thereof a statement to such effect.  Except
for purposes of complying with the internal revenue code,  any  interest
income earned on bond proceeds shall only be used to pay debt service on
such  bonds.    NOTWITHSTANDING  THE  PROVISIONS OF THIS SECTION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION  SIXTY-SEVEN-A  OF
THE  STATE  FINANCE  LAW,  AUTHORIZED  TO BE ISSUED SHALL NOT EXCEED THE

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AMOUNT SET FORTH IN,  AND  SHALL  BE  ISSUED  IN  ACCORDANCE  WITH,  THE
PROVISIONS  OF  SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
  S 94. Subdivision (c) of section 7 of chapter 796 of the laws of 1992,
providing  for  enhancements to the center for science and technology on
the campus of Syracuse University and the Cornell super computer  center
on the campus of Cornell University, is amended to read as follows:
  (c)  The  aggregate amount of the monies granted by the corporation to
the university shall  not  exceed  six  million  five  hundred  thousand
dollars  ($6,500,000).  NOTWITHSTANDING  THE PROVISIONS OF THIS SUBDIVI-
SION, ON AND  AFTER  APRIL  FIRST,  TWO  THOUSAND  TEN,  THE  AMOUNT  OF
STATE-SUPPORTED  DEBT,  AS  SUCH  TERM  IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE  ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE  WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
  S 95. Subdivision (c) of section 13 of chapter  796  of  the  laws  of
1992, providing for enhancements to the center for science and technolo-
gy  on  the campus of Syracuse University and the Cornell super computer
center on the campus of  Cornell  University,  is  amended  to  read  as
follows:
  (c)  The  aggregate  principal  amount of moneys granted by the corpo-
ration to the university shall be twelve million three hundred  thousand
dollars  ($12,300,000).  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVI-
SION, ON AND  AFTER  APRIL  FIRST,  TWO  THOUSAND  TEN,  THE  AMOUNT  OF
STATE-SUPPORTED  DEBT,  AS  SUCH  TERM  IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE  ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE  WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
  S 96. Section 4 of chapter 684  of  the  laws  of  1986,  relating  to
providing  for  the construction of the center for computers, microelec-
tronics and telecommunications on the campus of Columbia  University  in
the  city of New York, as amended by chapter 796 of the laws of 1992, is
amended to read as follows:
  S 4. Notwithstanding any general, special or  local  law,  the  corpo-
ration is hereby authorized to lend or otherwise disburse to the univer-
sity  proceeds  received  from  the  sale  of the bonds and notes of the
corporation in connection with the development of the center as provided
herein, provided, that bonds issued for the purposes of this act and any
renewals thereof shall mature not less than twenty years nor  more  than
forty  years  after the date of issuance thereof or not less than twenty
years nor more than forty years after the original issuance date of  any
note  sold  in  anticipation  of the issuance of any such bond, provided
that the loan shall be secured by a first mortgage lien on  the  center,
and  provided  further  that bonds of an issue, proceeds from which were
disbursed not as a loan, shall not be  subject  to  subdivision  (d)  of
section  15  of  this  chapter.   NOTWITHSTANDING THE PROVISIONS OF THIS
SECTION, ON AND AFTER APRIL FIRST,  TWO  THOUSAND  TEN,  THE  AMOUNT  OF
STATE-SUPPORTED  DEBT,  AS  SUCH  TERM  IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE  ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE  WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
  S 97. Section 15 of chapter 796 of the laws  of  1992,  providing  for
enhancements  to  the center for science and technology on the campus of

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Syracuse University and the Cornell super computer center on the  campus
of Cornell University, is amended to read as follows:
  S 15. Notwithstanding the provisions of section 18 of the urban devel-
opment  corporation  act,  the corporation is hereby authorized to issue
bonds and notes, in one or more offerings,  in  an  aggregate  principal
amount not to exceed twenty-three million eight hundred thousand dollars
($23,800,000),  excluding  costs  of  issuance  including  debt  service
reserve requirements, and to make the proceeds received from the sale of
such bonds and notes available to Syracuse University, Cornell Universi-
ty and Columbia University in accordance with the provisions of sections
two through seven, sections eight through thirteen, and section fourteen
of this act. NOTWITHSTANDING THE PROVISIONS  OF  THIS  SECTION,  ON  AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS  SUCH  TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE  ISSUED  SHALL  NOT  EXCEED  THE
AMOUNT  SET  FORTH  IN,  AND  SHALL  BE  ISSUED  IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE  LAW  PROVIDING
THEREFOR.
  S  98.  Section  17  of chapter 796 of the laws of 1992, providing for
enhancements to the center for science and technology on the  campus  of
Syracuse  University and the Cornell super computer center on the campus
of Cornell University, is amended to read as follows:
  S 17. There is hereby established under the administration and  direc-
tion  of  the Urban Development Corporation the Higher Education Applied
Technology Program. State funding for projects eligible under the Higher
Education Applied Technology program shall be  limited  to  seventy-five
million  dollars for the period April 1, 1993 through March 31, 1996 and
made available according to the following schedule:
  1. Long Island University
Brooklyn Health Technology Center ........................... 14,500,000
  2. Rochester Institute of Technology
Center for Integrated Manufacturing .......................... 9,500,000
  3. Fordham University
New University Library and Regional Education Technology
Center ....................................................... 9,000,000
  4. Rensselaer Polytechnic Institute
Center for Polymer Synthesis ................................. 4,500,000
  5. State University of New York at Albany
Center for Environmental Sciences and Technology
Management .................................................. 10,000,000
  6. City University of New York
Applied Science Coordinating Institute at the Graduate
School and University Center ................................ 15,000,000
  7. Marist College
Small Business Communications Network ........................ 1,000,000
  8. Columbia University
Center for Disease Prevention ............................... 10,000,000
  9. State University of New York at Binghamton
Incubator Support Laboratory ................................. 1,500,000
  State funding for such programs during such period shall be limited to
no more than twenty-five million dollars in any fiscal year.    Notwith-
standing  section 18 of the urban development corporation act, the Urban
Development Corporation is hereby authorized to  issue  bonds  for  such
programs  in  an  amount not to exceed seventy-five percent of the total
funds made available in the Higher Education Applied Technology program,
excluding costs of issuance  including  debt  service  requirements.  At

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least  twenty-five  percent  of  state  funds  for such program shall be
subject to appropriations from the capital projects fund.  NOTWITHSTAND-
ING  THE PROVISIONS OF THIS SECTION, ON AND AFTER APRIL FIRST, TWO THOU-
SAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION  ONE  OF  SECTION  SIXTY-SEVEN-A  OF  THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET  FORTH  IN,  AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S  99.  Section  18  of  section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development  corporation  act,  as
amended  by  chapter 839 of the laws of 1987, the schedule as amended by
chapter 214 of the laws of 1990, is amended to read as follows:
  S 18. Bond authorization. The corporation shall not  issue  bonds  and
notes in an aggregate principal amount exceeding one billion two hundred
ninety-five  million  dollars,  excluding  (1) bonds and notes issued to
refund or otherwise repay outstanding bonds and notes of the corporation
or of the New York state project finance agency, (2) notes issued by the
corporation to evidence eligible loans made to the corporation  pursuant
to  the  New  York  state  project finance agency act, and (3) bonds and
notes issued with the approval of the state director of the  budget  and
the New York state public authorities control board which are secured by
and  payable  solely out of a specific project, other than a residential
project, undertaken by the corporation subsequent to June  first,  nine-
teen hundred seventy-seven, and the revenues and receipts derived there-
from,  without  recourse  against  other  assets  of  the corporation or
against a debt service reserve fund to which state funds are apportiona-
ble pursuant to  subdivision  three  of  section  twenty  of  this  act,
provided that the corporation shall not issue bonds or notes pursuant to
this  clause  (3) if (a) (i) the arrangements under which the project is
undertaken do not provide for annual real property taxes, or payments in
lieu of real property taxes,  on  the  real  property  included  in  the
project  securing  such bonds or notes which together at least equal the
average annual real property taxes which were paid with respect to  such
real  property  for three years prior to the acquisition of such project
or any portion thereof by the corporation or a subsidiary  thereof,  and
(ii)  after  a  public  hearing, the local legislative body of the city,
town or village in which such project is to be located has not consented
to such arrangements, provided, however, that in a city having  a  popu-
lation  of  one million or more such consent shall be given by the board
of estimate of such city, or (b) the aggregate principal amount  of  any
such  bonds and notes is less than twice the amount of any moneys appro-
priated by the state and  made  available  by  the  corporation  to  the
project  securing  such  bonds and notes, or (c) the aggregate principal
amount of the bonds and notes issued pursuant to this  clause  (3)  will
thereby  exceed  three  hundred  seventy-nine million dollars, excluding
bonds and notes issued to refund or otherwise  repay  outstanding  bonds
and  notes  issued  pursuant to this clause (3), provided, however, that
the corporation may provide for  a  pooled  financing  arrangement  with
regard to bonds issued for the purposes of financing the construction of
the  Center  for  Computers,  Microelectronics and Telecommunications at
Columbia University, the Center for Science and Technology  at  Syracuse
University, the Cornell Super Computer Center at Cornell University, the
Onondaga County Convention Center Complex, the Center for Advanced Mate-
rials  Processing  at  Clarkson University, the Center for Electro-Optic
Imaging at University of Rochester, the Center for Neural Science at New
York University, the Alfred University Incubator Facilities in  Allegany

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County  and  Steuben County, the Broadway Redevelopment Project, and the
Sematech Semiconductor facility, and, that the aggregate amount of bonds
which may be issued pursuant to this clause (3) shall be increased above
the  amounts in the following schedule for the purposes of providing for
the costs of issuance including any debt  service  reserve  requirements
that may be necessary in accordance with the following schedule:

                                Schedule
     Project                                 Amount
The Carborundum Company
Niagara Falls............................  4,400,000
Hooker Chemicals & Plastics Corporation
Niagara Falls............................ 13,500,000
Moog, Inc.
Town of Elma.............................  8,925,000
Sybron Corporation
Rochester................................  6,600,000
Refined Syrups & Sugars, Inc.
Yonkers..................................  7,500,000
Sheraton Hotel
Utica....................................  4,300,000
Urban Renewal Parcel
Office Building
Utica....................................  5,000,000
Downtown Retail Center
Binghamton...............................  3,000,000
American Stock Exchange/Office Facility
New York City............................         -0
New Printing Plant
New York City (Bronx).................... 16,000,000
New Electronics Manufacturing Plant
New York City (Bronx)....................  8,000,000
Savin Corporation
Binghamton...............................  6,000,000
Industrial Renewal Project
New York City (Brooklyn).................  2,700,000
Manufacturing Plant Expansion
New York City (Bronx).................... 15,000,000
Shopping Mall
City of Buffalo..........................  2,100,000
Nettleton Shoe
Syracuse.................................  2,200,000
Batten Kill Railroad Project
Warren/Washington Counties...............  2,250,000
Carrier Corporation
Onondaga County.......................... 27,000,000
Center for Industrial Innovation
City of Troy............................. 33,000,000
Fordham Plaza
New York City (Bronx).................... 10,000,000
Freezer Queen Foods, Inc.
Buffalo..................................  2,380,000
Chelsea Homes Project
Marlboro (Ulster County).................  2,700,000
Columbia University
Center for Computers, Microelectronics

S. 6606--A                         325                        A. 9706--A

and Telecommunications
City of New York......................... 36,000,000
Syracuse University
Center for Science and Technology
City of Syracuse......................... 27,000,000
Cornell University
Cornell Super Computer Center
City of Ithaca...........................  5,000,000
Onondaga County Convention
Center Complex at Syracuse............... 40,000,000
Clarkson University
Center for Advance
Materials Processing..................... 23,500,000
University of Rochester
Center for Elector-Optic Imaging......... 10,000,000
New York University
Center for Neural Science................  5,000,000
Alfred University Incubator Facilities in
Allegany County and Steuben County....... 10,000,000
Broadway Redevelopment Project
at Schenectady...........................  5,500,000
Albany International
East Greenbush (Rensselaer County).......  2,500,000
Sematech Semi-Conductor Facility
New York State........................... 40,000,000
Stony Brook Incubator
Project..................................  2,305,000
                                         -----------
Total of Schedule...................... $389,360,000
                                        ============

  The  amounts  in  the  above  schedule  are  interchangeable among the
projects listed but in no case may be used to fund or initiate any other
project.  NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, ON  AND  AFTER
APRIL  FIRST,  TWO  THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS
SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF  THE
STATE  FINANCE  LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT
SET FORTH IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS  OF
SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S  100. Paragraph 6 of subdivision (h) of section 22 of chapter 839 of
the laws of 1987, constituting the omnibus economic development  act  of
1987, is amended to read as follows:
  (6)  The  aggregate  amount of moneys loaned by the corporation to the
county in connection with the  development  of  the  complex  shall  not
exceed   forty   million   dollars  ($40,000,000).  NOTWITHSTANDING  THE
PROVISIONS OF THIS PARAGRAPH, ON AND AFTER  APRIL  FIRST,  TWO  THOUSAND
TEN,  THE  AMOUNT  OF  STATE-SUPPORTED  DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION  SIXTY-SEVEN-A  OF  THE  STATE  FINANCE  LAW,
AUTHORIZED  TO  BE  ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S 101. Subdivision (a) of section 12-b of chapter 258 of the  laws  of
1993,  relating  to  the development of sports facilities, as amended by
section 3 of part M of chapter 61 of the laws of  2000,  is  amended  to
read as follows:

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  (a)  Sports  facilities  bonds.    Notwithstanding  the  provisions of
section 18 of the New York state urban development corporation  act  and
section  51  of the state finance law, the New York state urban develop-
ment corporation is hereby authorized to issue bonds or notes in one  or
more series in an aggregate principal amount not exceeding $144,936,000,
excluding  bonds  issued to fund a debt service reserve fund, to pay the
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 making grants or loans to provide assistance for the construction and
improvement of sports facilities (1) appropriated in chapter 54  of  the
laws  of  1994, chapter 55 of the laws of 1996 as added by chapter 53 of
the laws of 1996 or a chapter of the laws of 2000, (2) reappropriated in
chapter 54 of the laws of 1995 and all subsequent reappropriations,  and
(3)  authorized  by  this  chapter,  and  to reimburse the state capital
projects fund for disbursements made therefor, in  accordance  with  the
following project list:
Greater Rochester Outdoor Sports Facility
   at High Falls                                              15,250,000
Syracuse McArthur Stadium                                     16,000,000
Buffalo Sabres                                                25,000,000
Auburn                                                         1,715,450
Batavia                                                        1,400,000
Dutchess Co.                                                   2,500,000
Elmira                                                           200,000
Jamestown                                                        217,500
Oneonta                                                          150,000
Utica                                                            400,000
Watertown                                                        500,000
Broome Co. Hockey Arena                                          488,150
Cooperstown - Baseball Hall of Fame Stadium                      125,000
Newburgh Football Field                                        2,000,000
Rochester War Memorial                                        12,590,000
Schenectady Tennis Center                                        500,000
Soccer Hall of Fame (Oneonta)                                  4,500,000
Nassau County Natatorium                                      24,000,000
Rich Stadium                                                   8,000,000
Suffolk County Baseball Stadium                               14,400,000
Rochester Rhino's Stadium                                     15,000,000
  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  the
service  contract  and  such  bonds  and notes shall contain on the face
thereof a statement to such effect.  NOTWITHSTANDING THE  PROVISIONS  OF
THIS SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT
OF  STATE-SUPPORTED  DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE  ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE  WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
  S 102. Paragraph (b) of subdivision 5 of section 1680-g of the  public
authorities law, as amended by section 44 of part H of chapter 56 of the
laws of 2000, is amended to read as follows:
  (b)  The  dormitory authority shall not issue any bonds or notes in an
amount in excess of thirty million dollars  for  the  purposes  of  this
section;  excluding  bonds  or  notes  issued  to  fund one or more debt

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service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes  previ-
ously issued. Except for purposes of complying with the internal revenue
code,  any  interest  on  bond  proceeds  shall only be used to pay debt
service on such bonds. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH,
ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORT-
ED DEBT,  AS  SUCH  TERM  IS  DEFINED  IN  SUBDIVISION  ONE  OF  SECTION
SIXTY-SEVEN-A  OF  THE  STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL
NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE  ISSUED  IN  ACCORDANCE
WITH,  THE  PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW
PROVIDING THEREFOR.
  S 103. Paragraph (b) of subdivision 3 of section 1689-e of the  public
authorities  law,  as  added by section 2 of part Q of chapter 61 of the
laws of 2000, is amended to read as follows:
  (b) The authority shall not issue any bonds or notes in an  amount  in
excess  of  ten  million  dollars  for the purposes of this subdivision,
excluding a principal amount of bonds or notes issued  to  fund  one  or
more  debt  service  reserve  funds, to pay for the costs of issuance of
such bonds, and bonds or notes issued to refund or otherwise repay  such
bonds,  and bonds or notes previously issued. Except for the 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 or
notes.
  In computing for the  purposes  of  this  subdivision,  the  aggregate
amount  of  indebtedness  evidenced  by bonds and notes of the authority
issued pursuant to this subdivision, there shall be excluded the  amount
of such indebtedness represented by such bonds or notes issued to refund
or  otherwise repay bonds or notes, provided that the amount so excluded
under this paragraph may exceed the principal amount of  such  bonds  or
notes  that were issued to refund or otherwise repay only if the present
value of the aggregate debt service on the refunding or repayment  bonds
or notes shall not have at the time of their issuance exceeded the pres-
ent  value of the aggregate debt service of the bonds or notes they were
issued to refund or repay, such present value in each case being  calcu-
lated by using the effective interest rate of the refunding or repayment
bonds  or  notes,  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
or notes from the payment date thereof to  the  date  of  issue  of  the
refunding  or repayment bonds or notes and to the price bid therefor, or
to the proceeds received by the dormitory authority from the sale there-
of, in each case including estimated accrued  interest.  NOTWITHSTANDING
THE PROVISIONS OF THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN,  THE  AMOUNT  OF  STATE-SUPPORTED  DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION  SIXTY-SEVEN-A  OF  THE  STATE  FINANCE  LAW,
AUTHORIZED  TO  BE  ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S 104. Subdivision (a) of section 1 of part H of  chapter  61  of  the
laws of 2000, authorizing bonds for the strategic investment program, is
amended to read as follows:
  (a)  Notwithstanding  any  provisions  of law to the contrary, the New
York state urban development corporation, the dormitory authority of the
state of New York or the environmental facilities corporation are hereby
authorized to issue bonds or notes in one or more series in an aggregate
principal amount not to exceed $225,000,000 excluding  bonds  issued  to

S. 6606--A                         328                        A. 9706--A

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 making grants,
loans  or  combinations  thereof  for $250,000 or more for environmental
projects, including the preservation of historically significant  places
in New York state, and projects to conserve, acquire, develop or improve
parklands, parks or public recreation areas; including economic develop-
ment projects which will facilitate the creation or retention of jobs or
increase business activity within a municipality or region of the state;
including  higher education projects; projects to establish new or reha-
bilitate existing business incubator facilities to accommodate  emerging
or  small  high technology companies; and arts or cultural projects; and
to reimburse the state capital  projects  fund  for  disbursements  made
therefor.  Such  bonds and notes of the New York state urban development
corporation, the dormitory authority of the state of  New  York  or  the
environmental  facilities  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 New  York
state  urban  development  corporation,  the  dormitory authority of the
state of New York or the environmental facilities corporation  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.  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON  AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS  SUCH  TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE  ISSUED  SHALL  NOT  EXCEED  THE
AMOUNT  SET  FORTH  IN,  AND  SHALL  BE  ISSUED  IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE  LAW  PROVIDING
THEREFOR.
  S  105.  Subdivision  (a)  of section 1 of part T of chapter 84 of the
laws of 2002, authorizing the New York state  urban  development  corpo-
ration  and  the  dormitory  authority of the state of New York to issue
bonds and notes, is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding any other provision of law to the contrary, the New York
state  urban  development corporation and the dormitory authority of the
state of New York are hereby authorized to issue bonds or notes  in  one
or  more series in an aggregate principal amount, subject to the limita-
tions  contained  in  section  eight  of  this  act,   not   to   exceed
$1,200,000,000  excluding  bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
notes issued to refund or otherwise repay such bonds or notes previously
issued,  for  the  purposes  of financing project costs authorized under
this act. Such bonds and notes  of  the  corporation  or  the  dormitory
authority  shall  not  be a debt of the state and the state shall not be
liable thereon, nor shall they be payable out of any  funds  other  than
those  appropriated by the state to the corporation or the authority 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. All of the provisions of the New York state urban

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development  corporation act and the dormitory authority act relating to
bonds and notes which are not inconsistent with the provisions  of  this
section shall apply to obligations authorized by this section, including
but  not  limited  to the power to establish adequate reserves therefore
and to issue renewal notes or refunding bonds thereof. The  issuance  of
any bonds or notes hereunder shall further be subject to the approval of
the  director  of  the  division  of  the  budget.   NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST,  TWO  THOUSAND
TEN,  THE  AMOUNT  OF  STATE-SUPPORTED  DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION  SIXTY-SEVEN-A  OF  THE  STATE  FINANCE  LAW,
AUTHORIZED  TO  BE  ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S 106. Subdivision (a) of section 27 of chapter 3 of the laws of 2004,
authorizing the New York state urban  development  corporation  and  the
dormitory  authority  of the state of New York to issue bonds and notes,
is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding any other provision of law to the contrary, the New York
State  urban  development corporation and the dormitory authority of the
state of New York are hereby authorized to issue bonds or notes  in  one
or   more  series  in  an  aggregate  principal  amount  not  to  exceed
$350,000,000 excluding bonds issued to finance one or more debt  service
reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued, for the  purpose  of  financing  economic  development  projects
outside cities with a population of one million or more.  Such bonds and
notes  of the corporation or the dormitory authority shall not be a debt
of the state, and the state shall not be liable thereon, nor shall  they
be  payable  out of any funds other than those appropriated by the state
to the corporation or the  dormitory  authority  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. All
of the provisions of the New York state  urban  development  corporation
act  and  the  dormitory authority act relating to bonds and notes which
are not inconsistent with the provisions of this section shall apply  to
obligations authorized by this section, including but not limited to the
power to establish adequate reserves therefor and to issue renewal notes
or refunding bonds thereof. The issuance of any bonds or notes hereunder
shall further be subject to the approval of the director of the division
of  the budget.   NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON
AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT  OF  STATE-SUPPORTED
DEBT,  AS  SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEV-
EN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT  EXCEED
THE  AMOUNT  SET  FORTH  IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE  LAW  PROVIDING
THEREFOR.
  S  107.  Subdivision  (a)  of section 1 of part X of chapter 59 of the
laws of 2004, authorizing the New York state  urban  development  corpo-
ration  and  the  dormitory  authority of the state of New York to issue
bonds and notes, is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding any other provision of law to the contrary, the New York

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State  urban  development corporation and the dormitory authority of the
state of New York are hereby authorized to issue bonds or notes  in  one
or   more  series  in  an  aggregate  principal  amount  not  to  exceed
$250,000,000  excluding bonds issued to finance one or more debt service
reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
notes issued to refund or otherwise repay such bonds or notes previously
issued,  for the purpose of financing projects cost of the Empire Oppor-
tunity Fund;  Rebuilding  the  Empire  State  Through  Opportunities  in
Regional Economies (RESTORE) New York Program; and the Community Capital
Assistance  Program  authorized  pursuant to Part T of chapter 84 of the
laws of 2002. Such bonds and notes of the corporation or  the  dormitory
authority  shall  not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any  funds  other  than
those  appropriated  by  the  state  to the corporation or the dormitory
authority 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. All of the provisions of the New York
state urban development corporation act and the dormitory authority  act
relating  to  bonds  and  notes  which  are  not  inconsistent  with the
provisions of this section shall apply to obligations authorized by this
section, including but not limited to the power  to  establish  adequate
reserves therefor and to issue renewal notes or refunding bonds thereof.
The issuance of any bonds or notes hereunder shall further be subject to
the  approval  of  the director of the division of the budget.  NOTWITH-
STANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND AFTER  APRIL  FIRST,
TWO  THOUSAND  TEN,  THE AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS
DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE
LAW, AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET  FORTH  IN,
AND  SHALL  BE  ISSUED  IN  ACCORDANCE  WITH,  THE PROVISIONS OF SECTION
SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S 108. Subdivision (a) of section 1 of part T of  chapter  59  of  the
laws  of  2005,  relating  to  the urban development corporation bonding
authority, as added by section 3 of part C of chapter 63 of the laws  of
2005, 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 develop-
ment corporation or the dormitory  authority  is  hereby  authorized  to
issue  bonds  or  notes  in one or more series in an aggregate principal
amount not to exceed $250,000,000 excluding bonds issued to finance  one
or  more  debt  service  reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose  of  reimbursing  the  state
capital  projects fund disbursements made pursuant to appropriations for
the New York state high technology and development program, pursuant  to
a memorandum of understanding to be executed by the governor, the tempo-
rary  president  of  the  senate,  and  the speaker of the assembly, and
further provided that the proceeds of such bonds or notes are authorized
to be utilized to finance grants, loans or combinations thereof pursuant
to the New York state high technology and development program, as appro-
priated by a chapter of the laws of 2005.  Eligible  project  costs  may
include,  but  not  be  limited  to  the cost of design, financing, site
acquisition and preparation, demolition,  construction,  rehabilitation,
acquisition  of machinery and equipment, parking facilities, and infras-

S. 6606--A                         331                        A. 9706--A

tructure. Such bonds and notes of such authorized issuers shall not be a
debt of the state, and the state shall not be liable thereon, nor  shall
they  be  payable  out of any funds other than those appropriated by the
state  to  such authorized issuers for debt service and related expenses
pursuant to any service contract executed pursuant to subdivision (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.    NOTWITHSTANDING  THE
PROVISIONS  OF  THIS SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN, THE AMOUNT OF STATE-SUPPORTED DEBT, AS  SUCH  TERM  IS  DEFINED  IN
SUBDIVISION  ONE  OF  SECTION  SIXTY-SEVEN-A  OF  THE STATE FINANCE LAW,
AUTHORIZED TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET  FORTH  IN,  AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S  109.  Subdivision  (a)  of section 1 of part S of chapter 59 of the
laws of 2005, relating to the authority of the urban development  corpo-
ration and the dormitory authority to issue bonds, as amended by section
1  of  part  C  of chapter 63 of the laws of 2005, 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 or the dormitory authority is  hereby  authorized  to
issue  bonds  or  notes  in one or more series in an aggregate principal
amount not to exceed $90,000,000 excluding bonds issued to  finance  one
or  more  debt  service  reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose  of  reimbursing  the  state
capital  projects fund disbursements made pursuant to appropriations for
the regional economic development program pursuant to  a  memorandum  of
understanding to be executed by the governor, the temporary president of
the  senate, and the speaker of the assembly. The proceeds of such bonds
or notes are authorized to be  utilized  to  finance  grants,  loans  or
combinations  thereof  pursuant  to  the  regional  economic development
program, as appropriated by a chapter of  the  laws  of  2005.  Eligible
project  costs  may  include,  but not be limited to the cost of design,
financing, site investigations, site acquisition and preparation,  demo-
lition,  construction,  rehabilitation,  acquisition  of  machinery  and
equipment, and infrastructure improvements. Such bonds and notes of such
authorized issuers shall not be a debt of the state, and the state shall
not be liable thereon, nor shall they be payable out of any funds  other
than those appropriated by the state to such authorized issuers for debt
service  and  related expenses pursuant to any service contract executed
pursuant to subdivision (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.  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION  SIXTY-SEVEN-A  OF
THE  STATE  FINANCE  LAW,  AUTHORIZED  TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN,  AND  SHALL  BE  ISSUED  IN  ACCORDANCE  WITH,  THE
PROVISIONS  OF  SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.

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  S 110. Subdivision (a) of section 1 of part L-1 of chapter 62  of  the
laws  of  2003,  authorizing  the urban development corporation to issue
bonds, 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 New York state urban
development corporation act, the urban development corporation is hereby
authorized to issue bonds or notes in one or more series in an aggregate
principal amount not to exceed $50,000,000, excluding  bonds  issued  to
fund one or more debt service reserve funds, to pay costs of issuance of
such  bonds, and bonds or notes issued to refund or otherwise repay such
bonds or notes previously issued, for  the  purpose  of  making  grants,
loans  or  combinations  thereof for economic development projects which
will facilitate the creation or retention of jobs or  increase  business
activity  within  downtown  Buffalo,  the  Buffalo  inner harbor area or
surrounding environs; and to reimburse the state capital  projects  fund
for  disbursements made therefor. Notwithstanding any other provision of
law to the contrary, such project shall  be  determined  pursuant  to  a
memorandum  of  understanding to be executed by the governor, the tempo-
rary president of the senate and the speaker of the  assembly.  Eligible
project(s)  shall  include,  but  not  be  limited  to Hauptman-Woodward
Medical  Research  Institute;  Buffalo  Medical  Campus;  University  of
Buffalo  -  Center  of Excellence in Bioinformatics; Roswell Park Cancer
Institute Corporation; and other projects relating to historic preserva-
tion,  Cultural  facilities;  and  transportation  projects.    Eligible
project  costs  may  include, but not be limited to the costs of design,
financing, site acquisition and preparation,  working  capital,  demoli-
tion,  construction, rehabilitation, acquisition of machinery and equip-
ment, parking facilities, and infrastructure. 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 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.
NOTWITHSTANDING  THE  PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL
FIRST, TWO THOUSAND TEN, THE AMOUNT OF  STATE-SUPPORTED  DEBT,  AS  SUCH
TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE
FINANCE  LAW,  AUTHORIZED  TO  BE ISSUED SHALL NOT EXCEED THE AMOUNT SET
FORTH IN, AND SHALL BE ISSUED IN  ACCORDANCE  WITH,  THE  PROVISIONS  OF
SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S  111.  Subdivision  (a) of section 55 of part K of chapter 81 of the
laws of 2002 relating to the financing of certain buildings  located  in
the city of Albany, is amended to read as follows:
  (a) Notwithstanding the provisions of section 18 of the New York state
urban  development corporation act, the urban development corporation is
hereby authorized to issue bonds or notes in one or more series for  the
purpose of funding project costs or making grants, loans or combinations
thereof  for  the JOBS Now program, pursuant to appropriations contained
in a chapter or chapters of the laws of 2002 and  section  16-h  of  the
urban  development  corporation  act,  or to reimburse the state capital
projects fund for disbursements made therefor. The  aggregate  principal
amount  of  bonds authorized to be issued pursuant to this section shall
not exceed fourteen million three hundred  thousand  dollars,  excluding
bonds  issued  to  fund  one  or more debt service reserve funds, to pay

S. 6606--A                         333                        A. 9706--A

costs of issuance of such bonds, and bonds or notes issued to refund  or
otherwise  repay  such  bonds or notes previously issued. Such bonds and
notes of the corporation shall not be a debt of the state, and the state
shall  not be liable thereon, nor shall they be payable out of any funds
other than those appropriated by the state to the corporation  for  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.  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION  SIXTY-SEVEN-A  OF
THE  STATE  FINANCE  LAW,  AUTHORIZED  TO BE ISSUED SHALL NOT EXCEED THE
AMOUNT SET FORTH IN,  AND  SHALL  BE  ISSUED  IN  ACCORDANCE  WITH,  THE
PROVISIONS  OF  SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING
THEREFOR.
  S 112. Subdivision (a) of section 1 of part X of  chapter  58  of  the
laws  of  2006,  authorizing the New York state urban development corpo-
ration and the dormitory authority of the state of  New  York  to  issue
bonds  or  notes,  as amended by section 1 of part J-1 of chapter 109 of
the laws of 2006, 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 New York
State Urban Development Corporation or the Dormitory Authority are here-
by authorized to issue bonds or notes in one or more series in an aggre-
gate principal amount  not  to  exceed  $2,318,000,000  excluding  bonds
issued  to  finance one or more debt service reserve funds, to pay costs
of issuance of such bonds, and bonds or notes issued to refund or other-
wise repay such bonds or notes previously issued,  for  the  purpose  of
making  grants,  loans  or  combination thereof for economic development
projects; university development projects; homeland  security  projects;
environmental  projects;  public  recreation  projects; initiatives that
promote academic research and development; projects  that  improve  arts
and  cultural facilities; initiatives, including but not limited to, the
development of photovoltaic technologies and other research and develop-
ment regarding fuel  diversification,  energy  conservation  and  energy
efficiency  in  the  transportation and energy sector; for a competitive
solicitation for construction of a pilot  cellulosic  ethanol  refinery;
Ohel  Camp for the Disabled; United Way 2-1-1; Cornell University Equine
Drug Testing Lab; Pipeline for Jobs; Towns of  Bristol  and  Canandaigua
Public  Water  System; Smithtown/Kings Park Psychiatric Center Rehabili-
tation; Belleayre Mountain Ski Center; State of New York Umbilical  Cord
Blood  Bank; Old Gore Mountain Ski Bowl Connection; Brentwood State Park
Athletic Complex; Adirondack Community Housing Trust; Ogdensburg Psychi-
atric Center; Fredonia Vineyard Laboratory; Renovation of Housing Facil-
ities; or to reimburse state capital projects  funds  for  disbursements
made for such purposes pursuant to an appropriation contained in a chap-
ter  of the laws of 2006. Eligible project costs may include, but not be
limited to the cost of design, site acquisition and preparation, demoli-
tion, construction, rehabilitation, acquisition of machinery and  equip-
ment,  parking  facilities,  and infrastructure. Such bonds and notes of
such authorized issuers shall not be a debt of the state, and the  state
shall  not be liable thereon, nor shall they be payable out of any funds
other than those appropriated by the state to  such  authorized  issuers
for  debt  service and related expenses pursuant to any service contract

S. 6606--A                         334                        A. 9706--A

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.  NOTWITHSTANDING THE PROVISIONS OF THIS  SUBDIVI-
SION,  ON  AND  AFTER  APRIL  FIRST,  TWO  THOUSAND  TEN,  THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS  DEFINED  IN  SUBDIVISION  ONE  OF
SECTION  SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE  FINANCE
LAW PROVIDING THEREFOR.
  S  113.  Subdivision  11  of  section 5-a of chapter 35 of the laws of
1979, relating to appropriating funds to the New York state urban devel-
opment corporation, as added by chapter  3  of  the  laws  of  2004,  is
amended to read as follows:
  (11)  Financing agreements. The development corporation and the state,
acting through the director of the  budget,  are  hereby  authorized  to
enter into one or more financing agreements with respect to bonds (other
than  hotel bonds) on the terms and conditions as the director of budget
and the development corporation agree, so as to annually provide to  the
development corporation, in the aggregate, a sum not to exceed the annu-
al debt service payments and related expenses (including without limita-
tion financing costs and costs and expenses under ancillary bond facili-
ties and development corporation credit support agreements) required for
the  bonds  secured  by a financing agreement and subject to the limita-
tions of this section.   Copies of any such  agreements,  including  any
amendments  thereto  shall be submitted to the state comptroller and the
chairs of the assembly committee  on  ways  and  means  and  the  senate
finance  committee.    The obligation of the state to fund or to pay the
amounts provided for in any financing  agreement,  as  in  this  section
provided  and as shall be provided in the financing agreement, shall not
constitute a debt of the state within the meaning of any  constitutional
or  statutory provision and shall be deemed executory only to the extent
of monies available; no liability shall be incurred by the state  beyond
the moneys available for such purpose; and such obligation is subject to
annual  appropriation by the legislature. The amounts paid to the devel-
opment corporation pursuant to any such  financing  agreement  shall  be
used  by  it  solely  to  pay  or  provide for debt service payments and
related expenses as  more  particularly  set  forth  in  the  applicable
financing  agreement  (including  rebate  to  the  federal government of
certain earnings, if so required). The bonds for  which  each  financing
agreement  is applicable (a) shall be issued with a final maturity of no
more than thirty years, and (b) may be issued in one or more  series  in
an  aggregate  principal  amount  not to exceed the sum of $350,000,000,
excluding the amount determined by resolution of the development  corpo-
ration  to  be  required  for  refunding the outstanding Jacob K. Javits
convention center bonds referred to in subdivision one of this  section,
and,  excluding  bonds  issued  to fund one or more debt service reserve
funds and to pay costs of issuance of  such  bonds,  and  (c)  shall  be
subject to the provisions of article 5-B of the state finance law. It is
hereby  determined  and  found  that  the  development corporation, as a
subsidiary of the urban development corporation, is an authorized issuer
pursuant to article 5-C of the state finance  law  and  that  the  bonds
secured  by  a financing agreement, upon issuance in accordance with and
subject to the provisions of this section, may  be  issued  pursuant  to
such  article.    NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON

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AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT  OF  STATE-SUPPORTED
DEBT,  AS  SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEV-
EN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT  EXCEED
THE  AMOUNT  SET  FORTH  IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE  LAW  PROVIDING
THEREFOR.
  S  114.  Subdivision  (a)  of section 44 of chapter 161 of the laws of
2005, authorizing the urban development corporation to issue  bonds,  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
$74,700,000  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 grants, loans or combinations ther-
eof  for the infrastructure required to enable the construction of a new
stadium in Queens. Eligible project costs may include, but not be limit-
ed to the cost of site acquisition,  infrastructure,  public  amenities,
environmental  remediation if required by unusual site conditions, park-
ing, transit improvements, extraordinary pilings  costs,  or  any  other
item not directly associated with the hard or soft costs of construction
(or  work  directly  related to the construction) of the new stadium. No
monies shall be used for construction  of  the  new  stadium  structure,
provided,  however, an amount no greater than $4,700,000 shall be avail-
able as a capital reserve for the construction  of  such  stadium.  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.  NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST,  TWO  THOUSAND
TEN,  THE  AMOUNT  OF  STATE-SUPPORTED  DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION  SIXTY-SEVEN-A  OF  THE  STATE  FINANCE  LAW,
AUTHORIZED  TO  BE  ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S 115. Subdivision (a) of section 45 of chapter 161  of  the  laws  of
2005,  authorizing  the urban development corporation to issue bonds, 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
$74,700,000 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 grants, loans or combinations ther-
eof for the infrastructure required to construct a new parking  facility
at  a  new stadium in the Bronx. Eligible project costs may include, but
not be limited to the cost of site acquisition, infrastructure,  design,

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and  construction  of a new parking garage. Provided, however, an amount
no greater than $4,700,000 shall be available as a capital  reserve  for
the  construction  of such stadium. Such bonds and notes of such author-
ized 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.  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON  AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS  SUCH  TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE  ISSUED  SHALL  NOT  EXCEED  THE
AMOUNT  SET  FORTH  IN,  AND  SHALL  BE  ISSUED  IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE  LAW  PROVIDING
THEREFOR.
  S  116.  Subdivision  (a)  of section 43 of chapter 161 of the laws of
2005, authorizing the urban development corporation to issue  bonds,  is
amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York
state urban development corporation and the dormitory authority  of  the
state  of  New York are hereby authorized to issue bonds or notes in one
or  more  series  in  an  aggregate  principal  amount  not  to   exceed
$75,000,000  excluding  bonds issued to finance one or more debt service
reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
notes issued to refund or otherwise repay such bonds or notes previously
issued,  for  the  purpose  of  financing  economic development projects
outside cities with a population of one million or more. Such bonds  and
notes  of the corporation or the dormitory authority shall not be a debt
of the state, and the state shall not be liable thereon, nor shall  they
be  payable  out of any funds other than those appropriated by the state
to the corporation or the  dormitory  authority  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. All
of the provisions of the New York state  urban  development  corporation
act  and  the  dormitory authority act relating to bonds and notes which
are not inconsistent with the provisions of this section shall apply  to
obligations authorized by this section, including but not limited to the
power  to  establish adequate reserves [therefore] THEREFOR and to issue
renewal notes or refunding bonds thereof. The issuance of any  bonds  or
notes hereunder shall further be subject to the approval of the director
of  the  division of the budget.  NOTWITHSTANDING THE PROVISIONS OF THIS
SUBDIVISION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE  AMOUNT  OF
STATE-SUPPORTED  DEBT,  AS  SUCH  TERM  IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE  ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE  WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
  S 117. Section 42 of section 1 of chapter 174 of  the  laws  of  1968,
constituting  the  New  York state urban development corporation act, as

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added by section 54 of part T of chapter 57 of  the  laws  of  2007,  is
amended to read as follows:
  S  42.  New York state modernization projects.  1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one  or
more  series  for the purpose of funding project costs for the Roosevelt
Island operating corporation related to the modernization of the  aerial
tramway,  critical  maintenance  and  improvement projects on Governor's
Island, redevelopment initiatives at the Harriman research and technolo-
gy park and USA Niagara 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  fifty  million  four
hundred  fifty  thousand  dollars, excluding bonds issued to fund one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise  repay  such  bonds  or
notes previously issued. Such bonds and notes of the dormitory authority
and  the  corporation  shall  not  be a debt of the state, and the state
shall not be liable thereon, nor shall they be payable out of any  funds
other  than  those  appropriated by the state to the dormitory authority
and the corporation for principal, interest, and related expenses pursu-
ant to a service contract and such bonds and notes shall contain on  the
face  thereof a statement to such effect. Except for purposes of comply-
ing with the internal revenue code, any interest income earned  on  bond
proceeds shall only be used to pay debt service on such bonds.  NOTWITH-
STANDING  THE  PROVISIONS OF THIS SECTION, ON AND AFTER APRIL FIRST, TWO
THOUSAND TEN, THE AMOUNT  OF  STATE-SUPPORTED  DEBT,  AS  SUCH  TERM  IS
DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE
LAW,  AUTHORIZED  TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN,
AND SHALL BE ISSUED  IN  ACCORDANCE  WITH,  THE  PROVISIONS  OF  SECTION
SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S  118.  Section  41  of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development  corporation  act,  as
added by chapter 259 of the laws of 2007, is amended to read as follows:
  S  41. International computer chip research and development center. 1.
Notwithstanding the provisions of any other law  to  the  contrary,  the
urban  development  corporation  is  hereby authorized to issue bonds or
notes in one or more series for the purpose of funding project costs  at
the  College  of  Nanoscale Science and Engineering of the University at
Albany - State University of New York for the development and/or  expan-
sion  of an international computer chip research and development center,
including but not limited to the construction and  renovation,  purchase
and  installation  of equipment or other state costs associated with the
project at the College of  Nanoscale  Science  and  Engineering  of  the
University  at  Albany  -  State University of New York.   The aggregate
principal amount of bonds authorized  to  be  issued  pursuant  to  this
section  shall not exceed three hundred million dollars, excluding bonds
issued to fund one or more debt service reserve funds, to pay  costs  of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
corporation shall not be a debt of the state, and the state shall not be
liable  thereon,  nor  shall they be payable out of any funds other than
those appropriated by the state to the corporation for principal, inter-
est, 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

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service on such bonds.  NOTWITHSTANDING THE PROVISIONS OF THIS  SECTION,
ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORT-
ED  DEBT,  AS  SUCH  TERM  IS  DEFINED  IN  SUBDIVISION  ONE  OF SECTION
SIXTY-SEVEN-A  OF  THE  STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL
NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE  ISSUED  IN  ACCORDANCE
WITH,  THE  PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW
PROVIDING THEREFOR.
  S 119. Subdivision 1 of section 43 of section 1 of chapter 174 of  the
laws  of  1968, constituting the New York state urban development corpo-
ration act, as amended by section 48 of part PP of  chapter  56  of  the
laws of 2009, is amended to read as follows:
  1.  Notwithstanding  the  provisions of any other law to the contrary,
the dormitory authority and the corporation  are  hereby  authorized  to
issue  bonds  or  notes in one or more series for the purpose of funding
project costs for various economic 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 aggre-
gate principal amount of bonds authorized to be issued pursuant to  this
section  shall not exceed one billion three hundred 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.  NOTWITHSTANDING THE PROVISIONS OF  THIS
SUBDIVISION,  ON  AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF
STATE-SUPPORTED DEBT, AS SUCH TERM IS  DEFINED  IN  SUBDIVISION  ONE  OF
SECTION  SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE  FINANCE
LAW PROVIDING THEREFOR.
  S 120. Subdivision (a) of section 49-a of part PP of chapter 56 of the
laws  of  2009,  authorizing the New York state urban development corpo-
ration and the dormitory authority of the state of  New  York  to  issue
bonds and notes, is amended to read as follows:
  (a) The New York state urban development corporation and the dormitory
authority  of the state of New York are hereby authorized to issue bonds
or notes in one or more series in an aggregate principal amount  not  to
exceed  $83,500,000  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  previ-
ously  issued,  for  the purpose of financing project costs of the H. H.
Richardson Complex and Darwin Martin House pursuant to an  appropriation
contained  in a chapter of the laws of 2006. Such bonds and notes of the
corporation or the dormitory authority shall not be a debt of the state,
and the state shall not be liable thereon, nor shall they be payable out
of any funds other than those appropriated by the state  to  the  corpo-
ration  or the dormitory authority for debt service and related expenses

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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.  All of the provisions
of the New York state urban development corporation act and the dormito-
ry authority act relating to bonds and notes which are not  inconsistent
with  the  provisions of this section shall apply to obligations author-
ized by this section, including but not limited to the power  to  estab-
lish  adequate reserves therefor and to issue renewal notes or refunding
bonds thereof. The issuance  of  any  bonds  or  notes  hereunder  shall
further  be  subject  to the approval of the director of the division of
the budget.  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON  AND
AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORTED DEBT,
AS  SUCH  TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, AUTHORIZED TO BE  ISSUED  SHALL  NOT  EXCEED  THE
AMOUNT  SET  FORTH  IN,  AND  SHALL  BE  ISSUED  IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE  LAW  PROVIDING
THEREFOR.
  S  121.  Paragraph  a  of  subdivision 2 of section 1680 of the public
authorities law, as amended by section 25 of part II of  chapter  59  of
the laws of 2004, is amended to read as follows:
  a.  The  dormitory  authority  is hereby authorized and empowered upon
application of the educational institution concerned to acquire, design,
construct, reconstruct, rehabilitate and improve, or  otherwise  provide
and  furnish  and  equip  dormitories  and  attendant facilities for any
educational  institution,  provided  that  any  contract  undertaken  or
financed  by  the  dormitory  authority  for  any  construction,  recon-
struction, rehabilitation or improvement of any  building  or  structure
commenced  after  September first, nineteen hundred seventy-four for the
Gananda school district or the  Gananda  educational  facilities  corpo-
ration,  or  any  agency,  board  or commission therein, or any official
thereof, shall comply with the provisions of section one hundred one  of
the  general  municipal law and the specifications for such contract may
provide for assignment of responsibility for coordination of any of  the
contracts  for  such  work to a single responsible and qualified person,
firm  or  corporation;  provided,  however,  that  all   contracts   for
construction  of  buildings on behalf of Queens Hospital Center shall be
in conformity with the provisions of section  one  hundred  one  of  the
general municipal law; provided that any contracts for the construction,
reconstruction, rehabilitation or improvement of any public work project
undertaken  by  the dormitory authority of any facility for the aged for
any political subdivision of the state or any district therein or  agen-
cy,  department,  board  or commission thereof, or any official thereof,
shall comply with the provisions of section one hundred  thirty-five  of
the state finance law; and provided further that any contract undertaken
or  financed  by  the  dormitory  authority for any construction, recon-
struction, rehabilitation or improvement of any building commenced after
January first, nineteen hundred eighty-nine for the department of health
shall comply with the provisions of section one hundred  thirty-five  of
the state finance law.
  Each  educational  institution  defined  in  subdivision  one  of this
section, except the department of health  of  the  state  of  New  York,
shall,  when  authorized  by  an  appropriate  resolution adopted by its
governing board or, when permitted, adopted by an appropriate  committee
of  such  governing  board,  have  power:  (i)  to convey or cause to be

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conveyed to the authority real  property  or  rights  in  real  property
required in connection with the construction and financing of a dormito-
ry  by  the authority for such educational institution; or (ii) to enter
into  agreements or leases or both with the dormitory authority pursuant
to subdivision sixteen of section sixteen hundred seventy-eight of  this
title  and  to paragraph e of this subdivision, or both, or, in the case
of the department of health of the state of  New  York,  providing  that
legislation  or  appropriations  which  specifies  the  facilities to be
acquired, constructed, reconstructed, rehabilitated or improved for  the
department  of  health  of the state of New York and the total estimated
costs for each such facility, not to  exceed  four  hundred  ninety-five
million dollars in the aggregate, shall have been approved by the legis-
lature,  the  commissioner  of health shall have power: (i) to convey or
cause to be conveyed to the authority real property or  rights  in  real
property required in connection with the construction and financing of a
dormitory  by the authority for such educational institution; or (ii) to
enter into agreements or leases or both  with  the  dormitory  authority
pursuant to subdivision sixteen of section sixteen hundred seventy-eight
of this title and to paragraph e of this subdivision or both. The educa-
tional  institution  for  which such dormitory and attendant facility is
intended to be provided shall approve the plans and  specifications  and
location of such dormitory and attendant facility. The dormitory author-
ity  shall have the same power and authority in respect to such dormito-
ries and attendant facilities provided pursuant to this subdivision that
it has relative to other dormitories.  NOTWITHSTANDING THE PROVISIONS OF
THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN,  THE  AMOUNT
OF  STATE-SUPPORTED  DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE  ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE  WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
  S 122. Paragraph b of subdivision 2 of section 9-a  of  section  1  of
chapter 392 of the laws of 1973, constituting the New York state medical
care  facilities  finance agency act, as amended by section 49-c of part
PP of chapter 56 of the laws of 2009, is amended to read as follows:
  b. The agency shall have power and is hereby authorized from  time  to
time  to  issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal  amount  as,
in  the  opinion  of  the  agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to  provide
sufficient  funds  to  the  facilities  development  corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to  paragraph  a  of  this
subdivision,  the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for  such
purposes,  the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or  the  costs  of  any  financial
mechanisms  which  may  be used to reduce the debt service that would be
payable by the agency on its mental health services facilities  improve-
ment  bonds  and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the  facilities  development
corporation,  or  any  successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private

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housing finance law; provided, however, that the agency shall not  issue
mental  health  services  facilities improvement bonds and mental health
services facilities improvement notes in an aggregate  principal  amount
exceeding  seven  billion  three  hundred  sixty-six million six hundred
thousand dollars, excluding mental health services  facilities  improve-
ment  bonds  and  mental  health  services  facilities improvement notes
issued to refund outstanding mental health services facilities  improve-
ment  bonds  and  mental  health  services facilities improvement notes;
provided, however, that upon any such refunding or repayment  of  mental
health  services  facilities  improvement  bonds  and/or  mental  health
services facilities improvement  notes  the  total  aggregate  principal
amount  of  outstanding  mental  health  services facilities improvement
bonds and mental health facilities improvement notes may be greater than
seven billion three  hundred  sixty-six  million  six  hundred  thousand
dollars  only  if, except as hereinafter provided with respect to mental
health services facilities bonds and mental health  services  facilities
notes issued to refund mental hygiene improvement bonds authorized to be
issued pursuant to the provisions of section 47-b of the private housing
finance  law,  the  present  value  of the aggregate debt service of the
refunding or repayment bonds to be issued shall not exceed  the  present
value  of  the  aggregate  debt  service  of the bonds to be refunded or
repaid. For purposes hereof, the present values of  the  aggregate  debt
service  of the refunding or repayment bonds, notes or other obligations
and of the aggregate debt service of the bonds,  notes  or  other  obli-
gations  so  refunded  or  repaid,  shall be calculated by utilizing the
effective interest rate of the refunding or repayment  bonds,  notes  or
other  obligations,  which shall be that rate arrived at by doubling the
semi-annual  interest  rate  (compounded  semi-annually)  necessary   to
discount  the debt service payments on the refunding or repayment bonds,
notes or other obligations from the payment dates thereof to the date of
issue of the refunding or repayment bonds, notes  or  other  obligations
and  to  the  price bid including estimated accrued interest or proceeds
received by the authority including estimated accrued interest from  the
sale  thereof. Such bonds, other than bonds issued to refund outstanding
bonds, shall be scheduled to mature over a term not to exceed the  aver-
age useful life, as certified by the facilities development corporation,
of  the  projects  for which the bonds are issued, and in any case shall
not exceed thirty years  and  the  maximum  maturity  of  notes  or  any
renewals  thereof  shall  not  exceed  five  years  from the date of the
original issue of such notes. Notwithstanding  the  provisions  of  this
section,  the  agency  shall  have the power and is hereby authorized to
issue mental health services facilities improvement bonds and/or  mental
health  services  facilities  improvement  notes  to  refund outstanding
mental hygiene improvement bonds authorized to be issued pursuant to the
provisions of section 47-b of the private housing finance  law  and  the
amount  of  bonds  issued  or outstanding for such purposes shall not be
included for purposes of determining the amount of bonds issued pursuant
to this section. The director of the budget shall allocate the aggregate
principal authorized to be issued by the  agency  among  the  office  of
mental  health, office of mental retardation and developmental disabili-
ties, and the office of alcoholism  and  substance  abuse  services,  in
consultation  with  their  respective  commissioners to finance bondable
appropriations previously approved by the legislature.   NOTWITHSTANDING
THE PROVISIONS OF THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND
TEN,  THE  AMOUNT  OF  STATE-SUPPORTED  DEBT, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION  SIXTY-SEVEN-A  OF  THE  STATE  FINANCE  LAW,

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AUTHORIZED  TO  BE  ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND
SHALL BE ISSUED IN ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEV-
EN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S  123. The opening paragraph of section 1680-j of the public authori-
ties law, as amended by section 54 of part B of chapter 58 of  the  laws
of 2005, is amended to read as follows:
  Notwithstanding any other provision of law to the contrary, the dormi-
tory  authority  of  the state of New York is hereby authorized to issue
bonds or notes in one or more series in an  aggregate  principal  amount
not to exceed seven hundred fifty 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, for  the  purposes  of  financing
project  costs authorized under section twenty-eight hundred eighteen of
the public health law. Of such seven hundred fifty million dollars,  ten
million  dollars shall be made available to the community health centers
capital program established pursuant  to  section  twenty-eight  hundred
seventeen  of  the public health law.  NOTWITHSTANDING THE PROVISIONS OF
THIS SECTION, ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT  OF
STATE-SUPPORTED  DEBT,  AS  SUCH  TERM  IS DEFINED IN SUBDIVISION ONE OF
SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE  ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE  WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
  S 124. Subdivision (a) of section 66 of chapter 432  of  the  laws  of
1997,  amending  the  state  finance  law and other laws relating to the
transportation,  economic  development  and  environmental  conservation
budget, is amended to read as follows:
  (a)  Notwithstanding  the  provisions of any general or special law to
the contrary, the dormitory authority  is  hereby  authorized  to  issue
bonds  or  notes  in  an  aggregate principal amount not to exceed forty
million dollars  for  the  financing  of  construction,  reconstruction,
improvement,  reconditioning,  and  preservation  of airport or aviation
capital projects at  Albany  county  airport  and  associated  roadwork;
provided,  however,  that  in  addition to such bonds, the authority may
issue an aggregate principal amount of  bonds  sufficient  to  fund  any
reserve  funds  established in connection therewith, to provide capital-
ized interest on the bonds or notes, to pay the costs  incurred  by  the
authority  in  connection  with  the  issuance and servicing of any such
bonds, and to refund, advance refund or otherwise  repay  any  bonds  or
notes  issued  pursuant to this section.  NOTWITHSTANDING THE PROVISIONS
OF THIS SUBDIVISION, ON AND AFTER APRIL FIRST,  TWO  THOUSAND  TEN,  THE
AMOUNT  OF  STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED IN SUBDIVISION
ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO  BE
ISSUED  SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN
ACCORDANCE WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D  OF  THE  STATE
FINANCE LAW PROVIDING THEREFOR.
  S  125.  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  49 of part PP of chapter 56 of the laws of 2009, 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

S. 6606--A                         343                        A. 9706--A

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 $5,860,800,000 cumulatively by the end  of  fiscal
year  2009-10.    NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ON
AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT  OF  STATE-SUPPORTED
DEBT,  AS  SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEV-
EN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL NOT  EXCEED
THE  AMOUNT  SET  FORTH  IN, AND SHALL BE ISSUED IN ACCORDANCE WITH, THE
PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE  LAW  PROVIDING
THEREFOR.
  S  126.  Paragraph  (b)  of subdivision 1 of section 385 of the public
authorities law, as amended by section 1 of part G of chapter 60 of  the
laws of 2005, is amended to read as follows:
  (b)  The  authority  is  hereby  authorized,  as  additional corporate
purposes thereof solely upon the request of the director of the  budget:
(i)  to  issue special emergency highway and bridge trust fund bonds and
notes for a term not to exceed thirty years  and  to  incur  obligations
secured by the moneys appropriated from the dedicated highway and bridge
trust  fund  established  in  section eighty-nine-b of the state finance
law; (ii) to make available the proceeds in accordance with instructions
provided by the director of the budget from the  sale  of  such  special
emergency  highway  and  bridge  trust  fund bonds, notes or other obli-
gations, net of all costs to the authority in connection therewith,  for
the  purposes  of  financing all or a portion of the costs of activities
for which moneys in the dedicated highway and bridge trust  fund  estab-
lished  in section eighty-nine-b of the state finance law are authorized
to be utilized or for the financing of disbursements made by  the  state
for  the  activities authorized pursuant to section eighty-nine-b of the
state finance law; and (iii) to enter into agreements with  the  commis-
sioner  of  transportation  pursuant to section ten-e of the highway law
with respect to financing for  any  activities  authorized  pursuant  to
section  eighty-nine-b  of the state finance law, or agreements with the
commissioner of transportation pursuant to sections ten-f and  ten-g  of
the highway law in connection with activities on state highways pursuant
to  these sections, and (iv) to enter into service contracts, contracts,
agreements, deeds and leases with the director  of  the  budget  or  the
commissioner  of  transportation  and  project  sponsors  and  others to
provide for the financing by  the  authority  of  activities  authorized
pursuant  to section eighty-nine-b of the state finance law, and each of
the director of the budget and the commissioner  of  transportation  are
hereby  authorized  to  enter  into service contracts, contracts, agree-
ments, deeds and leases with the authority, project sponsors  or  others
to  provide  for such financing. The authority shall not issue any bonds
or notes in an amount in excess  of  $16.5  billion,  plus  a  principal
amount  of  bonds  or  notes:  (A) to fund capital reserve funds; (B) to
provide capitalized interest; and, (C) to fund other costs of  issuance.
In  computing for the purposes of this subdivision, the aggregate amount
of indebtedness evidenced by bonds and notes  of  the  authority  issued
pursuant  to  this section, as amended by a chapter of the laws of nine-
teen hundred ninety-six, there shall be excluded the amount of bonds  or
notes  issued  that  would  constitute  interest under the United States
Internal Revenue Code of 1986, as amended, and  the  amount  of  indebt-
edness  issued  to  refund  or otherwise repay bonds or notes.  NOTWITH-
STANDING THE PROVISIONS OF THIS PARAGRAPH, ON AND AFTER APRIL FIRST, TWO

S. 6606--A                         344                        A. 9706--A

THOUSAND TEN, THE AMOUNT  OF  STATE-SUPPORTED  DEBT,  AS  SUCH  TERM  IS
DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE
LAW,  AUTHORIZED  TO BE ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN,
AND  SHALL  BE  ISSUED  IN  ACCORDANCE  WITH,  THE PROVISIONS OF SECTION
SIXTY-SEVEN-D OF THE STATE FINANCE LAW PROVIDING THEREFOR.
  S 127. Paragraph (a) of subdivision 8 of section 3236  of  the  public
authorities law, as amended by chapter 2 of the laws of 1991, is amended
to read as follows:
  (a) The corporation shall not issue any bonds or notes in an amount in
excess  of  four billion seven hundred million dollars, plus a principal
amount of bonds or notes:
  (i) to fund any capital reserve fund in accordance  with  the  capital
reserve fund requirement,
  (ii)  to  provide  capitalized interest for a period not to exceed six
months, and
  (iii) to provide for  the  payment  of  fees  and  other  charges  and
expenses,  including  underwriters' discount, related to the issuance of
such bonds or notes, or related to the provision of any applicable  bond
or  note facilities.   NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH,
ON AND AFTER APRIL FIRST, TWO THOUSAND TEN, THE AMOUNT OF STATE-SUPPORT-
ED DEBT,  AS  SUCH  TERM  IS  DEFINED  IN  SUBDIVISION  ONE  OF  SECTION
SIXTY-SEVEN-A  OF  THE  STATE FINANCE LAW, AUTHORIZED TO BE ISSUED SHALL
NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE  ISSUED  IN  ACCORDANCE
WITH,  THE  PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE LAW
PROVIDING THEREFOR.
  S 128. Paragraph (a) of subdivision 2 of section 47-e of  the  private
housing  finance  law, as amended by section 47 of part PP of chapter 56
of the laws of 2009, 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 four hundred twen-
ty-eight million one hundred forty-one thousand dollars, plus a  princi-
pal  amount  of  bonds  issued  to fund the debt service reserve fund in
accordance with the debt service reserve fund requirement established by
the agency and to fund any other reserves  that  the  agency  reasonably
deems  necessary  for the security or marketability of such bonds and to
provide for the payment of fees and other charges and expenses,  includ-
ing  underwriters' discount, trustee and rating agency fees, bond insur-
ance, credit enhancement and liquidity enhancement related to the  issu-
ance  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 result-
ing directly or indirectly from a failure of the state to appropriate or
pay the agreed amount under any of the contracts provided for in  subdi-
vision  four  of  this section.   NOTWITHSTANDING THE PROVISIONS OF THIS
PARAGRAPH, ON AND AFTER APRIL FIRST, TWO THOUSAND  TEN,  THE  AMOUNT  OF
STATE-SUPPORTED  DEBT,  AS  SUCH  TERM  IS DEFINED IN SUBDIVISION ONE OF

S. 6606--A                         345                        A. 9706--A

SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE  ISSUED
SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED IN ACCORD-
ANCE  WITH, THE PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE FINANCE
LAW PROVIDING THEREFOR.
  S  129. Subdivision (a) of section 2 of part R-1 of chapter 109 of the
laws of 2006 relating to dormitory authority bonds, is amended  to  read
as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, the
New York state thruway authority is hereby authorized to issue bonds  or
notes  in  one  or  more  series in an aggregate principal amount not to
exceed $22,000,000 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 high
speed rail projects for the department of transportation, including  the
reimbursement  of any disbursements made from the state capital projects
fund. Such bonds and notes of the authority shall not be a debt  of  the
state,  and  the  state  shall  not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the  state  of
the  authority  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.  NOTWITHSTANDING THE  PROVISIONS
OF  THIS  PARAGRAPH,  ON  AND  AFTER  APRIL FIRST, TWO THOUSAND TEN, THE
AMOUNT OF STATE-SUPPORTED DEBT, AS SUCH TERM IS DEFINED  IN  SUBDIVISION
ONE  OF SECTION SIXTY-SEVEN-A OF THE STATE FINANCE LAW, AUTHORIZED TO BE
ISSUED SHALL NOT EXCEED THE AMOUNT SET FORTH IN, AND SHALL BE ISSUED  IN
ACCORDANCE  WITH,  THE  PROVISIONS OF SECTION SIXTY-SEVEN-D OF THE STATE
FINANCE LAW PROVIDING THEREFOR.
  S 130. This act shall take effect immediately and shall be  deemed  to
have been in full force and effect on and after April 1, 2010, provided,
however, that:
  (a) section forty-two of this act shall be deemed to have been in full
force and effect on and after April 1, 2008;
  (b)  sections  one,  two,  three, four, five, six, seven, eight, nine,
ten, eleven, twelve, eighteen, and nineteen through twenty-nine of  this
act shall expire March 31, 2011, when, upon such date, the provisions of
such sections shall be deemed repealed;
  (c)  the  amendments  to  subdivision 5 of section 97-rrr of the state
finance law made by section fifteen of this act  shall  not  affect  the
expiration of such subdivision and shall be deemed to expire therewith;
  (d)  the amendments to paragraph (a) of subdivision 5 of section 236-a
of the education law, made by section fifty-eight of this act, shall not
affect the repeal of such section and shall be  deemed  repealed  there-
with; and
  (e)  sections  thirty-seven  and  fifty-eight-a  of  this act shall be
deemed to have been in full force and effect  on  and  after  March  31,
2010.

                                 PART KK

  Section  1.  Sections  1 and 2 of part H of chapter 503 of the laws of
2009 relating to the disposition of monies recovered by county  district

S. 6606--A                         346                        A. 9706--A

attorneys  before the filing of an accusatory instrument, are amended to
read as follows:
  Section  1.   When a county district attorney of a county located in a
city of one million or more recovers monies  before  the  filing  of  an
accusatory instrument as defined in subdivision 1 of section 1.20 of the
criminal  procedure  law,  after injured parties have been appropriately
compensated, the district attorney's office shall retain a percentage of
the remaining such monies in recognition that such monies were recovered
as a result of investigations undertaken by  [the  district  attorney's]
SUCH office. The total amount of such monies to be retained by the coun-
ty district attorney's office shall equal ten percent of the first twen-
ty-five  million dollars received by such office during the state fiscal
year, plus seven and one-half percent of such monies  received  by  such
office  in  excess  of  twenty-five  million dollars but less than fifty
million dollars, plus five percent of any such monies received  by  such
office  in  excess  of  fifty  million dollars but less than one hundred
million dollars, plus one percent of such monies received by such office
in excess of one hundred million dollars.  The remainder of such  monies
shall  be paid by the district attorney's office to the state and to the
county in equal amounts within thirty days of receipt, where disposition
of such monies is not otherwise prescribed by law.   MONIES  DISTRIBUTED
TO A COUNTY DISTRICT ATTORNEY'S OFFICE PURSUANT TO THIS SECTION SHALL BE
USED TO ENHANCE LAW ENFORCEMENT EFFORTS AND SHALL NOT SUPPLANT FUNDS FOR
ORDINARY BUDGETARY COSTS INCLUDING SALARIES OF PERSONNEL AND EXPENSES OF
DISTRICT ATTORNEYS.
  S  2.  This act shall take effect immediately and shall remain in full
force and effect until the last day of March, [2010] 2011, when it shall
expire and be deemed repealed.
  S 2. This act shall take effect immediately; provided,  however,  that
the amendments made to section 1 of chapter 503 of the laws of 2009 made
by  section  one of this act shall not affect the repeal of such section
and shall be deemed to be repealed therewith.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through KK of this act shall be
as specifically set forth in the last section of such Parts.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6606--B                                            A. 9706--C

                      S E N A T E - A S S E M B L Y

                            January 19, 2010
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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

AN ACT to amend the executive law, the  vehicle  and  traffic  law,  the
  public  health  law,  the  social services law, the criminal procedure
  law, the family court act, the public officers law, the penal law, the
  correction law, the environmental conservation law, the parks,  recre-
  ation  and  historic  preservation  law and the mental hygiene law, in
  relation to merging the crime victims board, the division of probation
  and correctional alternatives and the office  for  the  prevention  of
  domestic  violence into the division of criminal justice services; and
  to repeal certain provisions of the executive law  and  the  judiciary
  law  relating thereto (Part A); to amend the executive law, the public
  officers law, the family court act, the social services law, the crim-
  inal procedure law, the state finance law, the public health law,  the
  general  municipal  law, the penal law, the correction law, the surro-
  gate's court procedure act, the court of claims act, the  civil  prac-
  tice  law  and rules, the real property tax law and the administrative
  code of the city of New York, in relation  to  the  office  of  victim
  services; and to repeal certain provisions of the executive law relat-
  ing  thereto  (Part  A-1);  to amend the executive law, in relation to
  comprehensive emergency management planning and certain  fire  service
  related  activities;  to  amend  the state finance law, in relation to
  grants and reimbursements  to  municipalities  for  certain  emergency
  management and fire service related costs; to amend the county law, in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12670-07-0

S. 6606--B                          2                         A. 9706--C

  relation  to  the  New York state interoperable and emergency communi-
  cation board; to amend the tax law, in relation to grants  for  public
  safety communications systems and infrastructure; to amend the general
  business  law, in relation to approval of electrical devices; to amend
  the general municipal law, in relation to state  fire  administration;
  to  amend  the insurance law, in relation to reports on fire insurance
  policies; to amend the vehicle and traffic law, in relation to vehicle
  operation by certain state officials; to amend the criminal  procedure
  law,  in  relation to peace officers; and to repeal certain provisions
  of the executive law and the county law  relating  thereto  (Part  B);
  intentionally  omitted  (Part  C); to amend the criminal procedure law
  and the penal law, in relation to terms of  probation;  to  amend  the
  penal law and the executive law, in relation to warrants and modifica-
  tion  and  extension  thereof,  waiver  of extradition, conditions and
  probation, and reimbursement (Part D); to amend the executive law, the
  state finance law and the county law, in relation  to  the  office  of
  indigent legal services and the indigent legal services fund (Part E);
  intentionally omitted (Part F); intentionally omitted (Part G); inten-
  tionally  omitted  (Part  H);  intentionally  omitted (Part I); inten-
  tionally omitted (Part J); to amend the uniform  district  court  act,
  the  uniform  city  court  act, the New York city civil court act, the
  judiciary law and section 14 of part J of chapter 62 of  the  laws  of
  2003,  amending  the  county  law  and  other  laws  relating  to fees
  collected, in relation to the fee for the filing of the first paper in
  an action or proceeding; and to  amend  the  civil  practice  law  and
  rules,  in  relation to the index fee for an action to foreclose (Part
  K); to amend the uniform justice court act, in relation  to  improving
  the  process  for  the  merging  of  town and village courts (Part L);
  intentionally omitted (Part M); to amend the public  authorities  law,
  in  relation  to certain bonds authorized to be issued or purchased by
  the municipal bond bank agency and  to  certain  financing  agreements
  authorized  to  be executed in connection therewith (Part N); to amend
  the civil service law,  the  labor  law  and  the  executive  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 O);
  to repeal section 163-c of the state finance law, relating to  imposi-
  tion  of  a  centralized procurement contract fee (Part P); to collect
  surplus funds from workers' compensation  insurance  carriers  and  to
  prevent  such surpluses from recurring (Part Q); to amend the workers'
  compensation law and the insurance law, in relation to  providing  the
  workers'  compensation board with the powers needed to protect injured
  workers' benefits (Part R); to establish a joint appointing  authority
  for  the  state  financial system project (Part S); to amend the civil
  service law, the state finance law and the insurance 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 T); to amend the civil service  law,  in  relation  to
  reimbursement  for  medicare  premium  charges (Part U); intentionally
  omitted (Part V); to amend the executive law, the  real  property  tax
  law,  and the tax law, in relation to merging the state office of real
  property services and the state board of real property  services  into
  the  department  of  taxation  and  finance;  and  to  repeal  certain
  provisions of the real property tax law and the tax law relating ther-
  eto (Part W); to amend the real property tax law,  the  real  property

S. 6606--B                          3                         A. 9706--C

  law  and  the  tax  law,  in relation to updates of assessments and in
  relation to data relating to real estate transfers (Part X); to  amend
  the  real  property  tax law, in relation to restructuring the current
  aid  program  to encourage full value reassessments (Part Y); to amend
  the state finance law, in relation to aid and incentives  for  munici-
  palities; and to amend the emergency protection act of nineteen seven-
  ty-four, in relation to the obligation of the city of New York to fund
  its  administration  (Part  Z);  to  amend  the  state finance law, in
  relation to a program of  aid  to  municipalities  in  which  a  video
  lottery  gaming  facility  is located (Part AA); intentionally omitted
  (Part BB); intentionally  omitted  (Part  CC);  intentionally  omitted
  (Part  DD);  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 town law, in relation to residen-
  cy requirements of fire districts and fire companies; and to amend the
  real  property tax law, in relation to entering into contracts for tax
  collection (Part EE); to amend the general municipal  law,  the  state
  finance  law and the public buildings law, in relation to procurements
  by local governments, the state, libraries and  library  systems;  and
  providing for the repeal of certain provisions upon expiration thereof
  (Part  FF);  intentionally  omitted  (Part  GG); intentionally omitted
  (Part HH); intentionally omitted (Part II); to provide for the  admin-
  istration of certain funds and accounts related to the 2010-2011 budg-
  et;  to  authorize certain payments and transfers; to amend chapter 59
  of the laws  of  2008  relating  to  certain  monetary  transfers,  in
  relation  to  transfer  of funds; to amend the private housing finance
  law, in relation to housing program bonds  and  notes;  to  amend  the
  state finance law, in relation to the school tax relief fund; to amend
  the  state  finance  law,  in  relation  to  the expiration of certain
  provisions thereof; to amend the state finance  law,  in  relation  to
  notes  and bonds of the environmental facilities corporation; to amend
  the state finance law, in relation to the general debt  service  fund;
  to  amend  the state finance law, in relation to mental health service
  facilities financing; to amend the state finance law, in  relation  to
  the  sale  of state bonds; to amend the state finance law, in relation
  to the sale of housing bonds and urban renewal  bonds;  to  amend  the
  state  finance  law, in relation to federal interest subsidy payments;
  to amend the public authorities law, in relation to cultural education
  facilities; to amend  the  public  authorities  law,  in  relation  to
  library construction; to amend the public authorities law, in relation
  to voting of directors of the local government assistance corporation;
  to amend the state finance law, in relation to certificates of partic-
  ipation;  to  amend  chapter 61 of the laws of 2005, providing for the
  administration of certain funds and accounts related to the  2005-2006
  budget,  chapter  81  of  the laws of 2002, providing for the adminis-
  tration of certain funds and accounts related to the 2002-2003 budget,
  chapter 389 of the laws of 1997, providing for the  financing  of  the
  correctional  facilities  improvement  fund  and  the  youth  facility
  improvement fund, in relation to state-supported debt;  and  providing
  for the repeal of certain provisions upon the expiration thereof (Part
  JJ);  to amend chapter 503 of the laws of 2009, relating to the dispo-
  sition of monies recovered by county  district  attorneys  before  the
  filing  of  an  accusatory  instrument, in relation to the use of such
  monies (Part KK); to amend the executive law, the  alcoholic  beverage
  control  law,  the  agriculture  and markets law, the banking law, the
  civil rights law, the education law, the town law, the  general  busi-

S. 6606--B                          4                         A. 9706--C

  ness  law,  the  general  municipal law, the insurance law, the public
  health law, the real property law, the tax law, and  the  vehicle  and
  traffic  law,  in relation to certificates of relief from disabilities
  and  certificates  of  good conduct (Part LL); to amend the correction
  law, in relation to the reuse plan for proposed prison closures  (Part
  MM); to amend the county law, in relation to autopsy and toxicological
  reports  (Part  NN);  to  amend the alcoholic beverage control law, in
  relation to prohibiting persons holding licenses or  special  licenses
  to  sell  an  alcoholic  beverage at retail for consumption on certain
  premises from hiring certain persons convicted of a felony;  to  amend
  the  correction law, in relation to the posting of a person's informa-
  tion on the department of corrections' website; to amend the executive
  law, in relation to providing certain inmates with copies of  criminal
  history  information; to amend the criminal procedure law, in relation
  to providing inmates and parolees access to pre-sentence reports  that
  had  been  prepared for sentencing; to amend the public health law, in
  relation to establishing no fee shall be charged for certain  requests
  for  birth  certificates;  to amend the correction law, in relation to
  certificates of relief  from  disabilities  issued  by  the  board  of
  parole; and to amend the election law, in relation to informing former
  inmates  about  voting  rights  (Part OO); to amend the New York state
  financial emergency act for the city of New York,  in  relation  to  a
  variation from generally accepted accounting principles (Part PP); and
  to  amend the legislative law, in relation to extending the expiration
  of payments to members of the assembly serving in a special  capacity;
  and to amend chapter 141 of the laws of 1994, amending the legislative
  law  and  the state finance law relating to the operation and adminis-
  tration of the legislature, in relation to extending  such  provisions
  (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 2010-2011
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 a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section  1.    Section 240 of the executive law, as amended by chapter
134 of the laws of 1985, is amended to read as follows:
  S 240. [Division] OFFICE of probation and correctional  alternatives[;
director].    1. There shall be in the [executive department a division]
DIVISION OF CRIMINAL JUSTICE SERVICES AN OFFICE of probation and correc-
tional alternatives, HEREINAFTER REFERRED TO IN  THIS  ARTICLE  AS  "THE
OFFICE".   The head of the [division] OFFICE shall be the [state] direc-
tor of probation and correctional alternatives, who shall  be  appointed

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by  the  [governor by and with the advice and consent of the senate, and
hold office at the pleasure of the governor by whom he was appointed and
until his  successor  is  appointed  and  has  qualified]  COMMISSIONER,
SUBJECT TO THE APPROVAL OF THE GOVERNOR.
  2.  The  [state]  director [of probation and correctional alternatives
shall have  sole  charge  of  the  administration  of  the  division  of
probation  and correctional alternatives] SHALL SERVE AS SPECIAL ADVISOR
TO THE GOVERNOR REGARDING MATTERS PERTAINING TO PROBATION  AND  ALTERNA-
TIVES  TO  INCARCERATION.  THE  DIRECTOR SHALL, IN CONSULTATION WITH THE
COMMISSIONER, COORDINATE AND MAKE RECOMMENDATIONS RELATING TO  THE  TYPE
AND  NATURE  OF  ALTERNATIVE  TO INCARCERATION PROGRAMS NEEDED TO REDUCE
INCARCERATION WHERE THE PURPOSE OF SUCH INCARCERATION CAN BE  ADEQUATELY
SERVED  BY  ALTERNATIVE  PROGRAMS  AND  SHALL  WORK WITH LOCAL PROBATION
DEPARTMENTS AND  THE  COMMISSIONER  TO  ENHANCE  AND  DEVELOP  PROBATION
SERVICES AND ALTERNATIVE TO INCARCERATION PROGRAMS THROUGHOUT THE STATE.
  3. [The principal office of the division of probation and correctional
alternatives  shall  be  in  the  county of Albany] THE COMMISSIONER, IN
CONSULTATION WITH THE DIRECTOR, SHALL APPOINT  STAFF  AND  PERFORM  SUCH
OTHER  FUNCTIONS  TO ENSURE THE EFFICIENT OPERATION OF THE OFFICE WITHIN
THE AMOUNTS MADE AVAILABLE THEREFOR BY APPROPRIATION.
  4. As used in this article, the term "director" shall mean the [state]
director of THE  OFFICE  OF  probation  and  correctional  alternatives,
"OFFICE"  SHALL  MEAN  THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNA-
TIVES, "COMMISSIONER" SHALL MEAN THE COMMISSIONER  OF  THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES  AND  "DIVISION"  SHALL MEAN THE DIVISION OF
CRIMINAL JUSTICE SERVICES.
  S 2. Section 241 of the executive law is REPEALED.
  S 3.  Section 836 of the executive law is  amended  by  adding  a  new
subdivision 7 to read as follows:
  7.  THE  FUNCTIONS,  POWERS  AND  DUTIES  OF  THE  FORMER  DIVISION OF
PROBATION AND CORRECTIONAL ALTERNATIVES AS ESTABLISHED IN ARTICLE TWELVE
OF THIS CHAPTER SHALL NOW BE CONSIDERED A FUNCTION OF  THE  DIVISION  OF
CRIMINAL JUSTICE SERVICES.
  S  4.    Transfer of employees. Notwithstanding any other provision of
law, rule, or regulation to the contrary, upon the transfer of functions
from the division of probation  and  correctional  alternatives  to  the
division  of  criminal  justice  services  pursuant  to subdivision 7 of
section 836 of the executive law, as added by section three of this act,
all employees of the division of probation and correctional alternatives
shall be transferred to  the  division  of  criminal  justice  services.
Employees  transferred  pursuant  to  this  section shall be transferred
without further examination or  qualification  and  shall  retain  their
respective civil service classifications, status and collective bargain-
ing unit designations and collective bargaining agreements.
  S 5. Transfer of records. All books, papers, and property of the divi-
sion  of  probation  and correctional alternatives shall be delivered to
the commissioner of the  division  of  criminal  justice  services.  All
books, papers, and property of the division of probation and correction-
al alternatives shall continue to be maintained by the division of crim-
inal justice services.
  S  6.  Continuity  of  authority. For the purpose of succession of all
functions, powers, duties and obligations transferred and  assigned  to,
devolved  upon  and  assumed by it pursuant to this act, the division of
criminal justice services shall be deemed and  held  to  constitute  the
continuation of the division of probation and correctional alternatives.

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  S  7.  Completion of unfinished business. Any business or other matter
undertaken or commenced by the division of  probation  and  correctional
alternatives or the director thereof pertaining to or connected with the
functions,   powers,  obligations  and  duties  hereby  transferred  and
assigned to the division of criminal justice services and pending on the
effective  date of this act, may be conducted and completed by the divi-
sion of criminal justice services in the same manner and under the  same
terms  and  conditions  and  with  the  same  effect as if conducted and
completed by the division of probation and correctional alternatives.
  S 8. Continuation of rules and regulations.  All  rules,  regulations,
acts, orders, determinations, and decisions of the division of probation
and  correctional  alternatives  pertaining  to the functions and powers
herein transferred and assigned, in force at the time of  such  transfer
and  assumption, shall continue in full force and effect as rules, regu-
lations, acts, orders, determinations and decisions of the  division  of
criminal  justice  services  until  duly  modified  or  abrogated by the
commissioner of the division of criminal justice services.
  S 9. Terms occurring in laws, contracts and other documents.  Whenever
the division of probation and correctional alternatives or the  director
thereof,  is  referred to or designated in any law, contract or document
pertaining to the  functions,  powers,  obligations  and  duties  hereby
transferred to and assigned to the division of criminal justice services
or  the  commissioner of the division of criminal justice services, such
reference or designation shall be deemed to refer  to  the  division  of
criminal  justice  services  or commissioner of the division of criminal
justice services, as applicable.
  S 10. Existing rights and remedies preserved.  No  existing  right  or
remedy  of  any  character  shall  be  lost, impaired or affected by any
provisions of this act.
  S 11. Pending actions and proceedings. No action or proceeding pending
at the time when this act shall take effect, brought by or  against  the
division  of  probation  and  correctional  alternatives or the director
thereof, shall be affected by any provision of this act,  but  the  same
may  be  prosecuted  or  defended in the name of the commissioner of the
division of criminal  justice  services  or  the  division  of  criminal
justice  services. In all such actions and proceedings, the commissioner
of the division of criminal justice services, upon  application  of  the
court, shall be substituted as a party.
  S  12.  Transfer of appropriations heretofore made. All appropriations
or reappropriations heretofore made to the  division  of  probation  and
correctional alternatives to the extent of remaining unexpended or unen-
cumbered  balance  thereof, whether allocated or unallocated and whether
obligated or unobligated, are hereby transferred to and  made  available
for  use  and  expenditure  by the division of criminal justice services
subject to the approval of the director  of  the  budget  for  the  same
purposes  for  which originally appropriated or reappropriated and shall
be payable on vouchers certified or approved by the commissioner of  the
division  of criminal justice services on audit and warrant of the comp-
troller.
  S 13. Transfer of assets and liabilities. All assets  and  liabilities
of  the  division  of probation and correctional alternatives are hereby
transferred to and assumed by the division of criminal justice services.
  S 14. Subdivision 1 of section 221-a of the executive law, as  amended
by chapter 107 of the laws of 2004, is amended to read as follows:
  1.  The  superintendent, in consultation with the division of criminal
justice services, office of court administration, the [division]  OFFICE

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of probation and correctional alternatives[,] AND the [state] office for
the  prevention of domestic violence [and the division for women], shall
develop a comprehensive plan for the establishment and maintenance of  a
statewide  computerized  registry  of  all  orders  of protection issued
pursuant to articles four, five, six and eight of the family court  act,
section  530.12  of  the  criminal  procedure  law  and, insofar as they
involve victims of domestic violence as defined by section four  hundred
fifty-nine-a  of the social services law, section 530.13 of the criminal
procedure law and sections two hundred forty and two  hundred  fifty-two
of the domestic relations law, and orders of protection issued by courts
of competent jurisdiction in another state, territorial or tribal juris-
diction,  special  orders  of conditions issued pursuant to subparagraph
(i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the
criminal procedure law insofar as they involve a victim  or  victims  of
domestic  violence as defined by subdivision one of section four hundred
fifty-nine-a of the social services  law  or  a  designated  witness  or
witnesses to such domestic violence, and all warrants issued pursuant to
sections  one  hundred fifty-three and eight hundred twenty-seven of the
family court act, and arrest and bench warrants as defined  in  subdivi-
sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi-
nal  procedure  law,  insofar  as  such  warrants  pertain  to orders of
protection or temporary orders of protection;  provided,  however,  that
warrants issued pursuant to section one hundred fifty-three of the fami-
ly court act pertaining to articles three, seven and ten of such act and
section  530.13  of  the criminal procedure law shall not be included in
the registry. The  superintendent  shall  establish  and  maintain  such
registry  for  the  purposes  of ascertaining the existence of orders of
protection, temporary orders of protection, warrants and special  orders
of  conditions,  and  for  enforcing  the provisions of paragraph (b) of
subdivision four of section 140.10 of the criminal procedure law.
  S 15. The article heading of article  12  of  the  executive  law,  as
amended  by  chapter  134  of  the  laws  of 1985, is amended to read as
follows:
              [DIVISION] OFFICE OF PROBATION AND CORRECTIONAL
                              ALTERNATIVES
  S 16. Subdivision 2 of section 242 of the executive law, as amended by
chapter 134 of the laws of 1985, is amended to read as follows:
  2. The present members of the  state  probation  commission  who  were
appointed  to  such  commission  by  the  governor shall continue as the
members of said commission appointed pursuant to paragraph (a) of subdi-
vision one of this section at the pleasure of the  governor,  and  until
their successors are appointed and have qualified. The director shall be
chairman of the commission. No member of said probation commission shall
receive  any  compensation  for  his OR HER services as a member of such
commission, but the members shall be entitled to their actual  necessary
expenses  incurred  in  the  performance of their duties. The [director]
COMMISSIONER may from time to time assign an employee of the division to
act as secretary to said probation commission. The duties of the members
of said probation commission shall be to attend  the  meetings  of  such
probation commission, at the time fixed by said commission, or called by
the chairman of said commission, and to consider all matters relating to
probation  in  the  state,  within  the jurisdiction of the [division of
probation and correctional  alternatives]  OFFICE,  and  to  advise  and
consult with the director in regard thereto.
  S  17.    Subdivisions 1 and 2, paragraph (a) of subdivision 3 and the
opening paragraph of subdivision 4 of section 243 of the executive  law,

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subdivision 1 as amended by chapter 134 of the laws of 1985, subdivision
2 as amended by chapter 574 of the laws of 1985, paragraph (a) of subdi-
vision  3  as  added  by chapter 609 of the laws of 1997 and the opening
paragraph  of subdivision 4 as added by chapter 568 of the laws of 2008,
are amended to read as follows:
  1. The [director] OFFICE shall exercise general supervision  over  the
administration  of  probation  services  throughout the state, including
probation in family courts  and  shall  collect  statistical  and  other
information  and  make  recommendations  regarding the administration of
probation services in the courts. [He]  THE  OFFICE  shall  endeavor  to
secure  the  effective  application  of  the  probation  system  and the
enforcement of the probation laws and the laws relating to family courts
throughout the  state.  After  consultation  with  the  state  probation
commission,  [he] THE OFFICE shall [adopt] RECOMMEND TO THE COMMISSIONER
general rules which shall regulate methods and procedure in the adminis-
tration of probation services,  including  investigation  of  defendants
prior to sentence, and children prior to adjudication, supervision, case
work,  record  keeping, and accounting, program planning and research so
as to secure the most effective application of the probation system  and
the  most  efficient  enforcement  of  the probation laws throughout the
state. Such  rules  shall  provide  that  the  probation  investigations
ordered  by  the  court in designated felony act cases under subdivision
one of section 351.1 of the family court act shall  have  priority  over
other  cases  arising under articles three and seven of such act. [Such]
WHEN DULY ADOPTED BY THE COMMISSIONER, SUCH rules shall be binding  upon
all  probation  officers  and when duly adopted shall have the force and
effect of law, but shall not supersede rules that may be adopted  pursu-
ant  to  the  family  court  act.   [He] THE OFFICE shall keep [himself]
informed as to the work of all probation officers and shall from time to
time inquire into and report upon their conduct and efficiency. [He] THE
OFFICE may investigate the work of any  probation  bureau  or  probation
officer and shall have access to all records and probation offices. [He]
THE  OFFICE may issue subpoenas to compel the attendance of witnesses or
the production of books and papers. [He] THE OFFICE may administer oaths
and examine persons under oath. [He] THE OFFICE  may  recommend  to  the
appropriate  authorities the removal of any probation officer. [He shall
transmit to the governor not later than February first of each  year  an
annual  report of the work of the division of probation and correctional
alternatives for the preceding calendar year, which shall  include  such
information relative to the administration of probation and correctional
alternatives  throughout the state as may be appropriate. He] THE OFFICE
may from time to time  publish  reports  regarding  probation  including
probation  in  family  courts, and the operation of the probation system
including probation in family courts and any other information regarding
probation as [he] THE OFFICE may  determine  provided  expenditures  for
such purpose are within amounts appropriated therefor.
  2.  The  [director] OFFICE shall exercise general supervision over the
utilization of correctional alternative programs throughout  the  state.
[He] THE OFFICE shall collect statistical and other information and make
recommendations regarding the availability, identification, coordination
and  utilization  of such programs. The [director] OFFICE shall endeavor
to facilitate communication and coordination among and  between  correc-
tional alternative programs and probation services in order to assist in
making  effective  use  of  such  programs.  A  correctional alternative
program shall be deemed to refer to those programs,  including  eligible
programs  as  defined  in  paragraph b of subdivision one of section two

S. 6606--B                          9                         A. 9706--C

hundred sixty-one of this chapter, which by themselves, or when used  in
conjunction  with  one  or more programs or with probation services, may
serve as an alternative to a sentence or disposition of incarceration or
a  portion  thereof, and which shall serve the interests of justice. The
[director] OFFICE shall further exercise general  supervision  over  the
administration  and  implementation  of  alternatives  to  incarceration
service plans under the provisions of article thirteen-A of  this  chap-
ter. [He] THE OFFICE shall [adopt] RECOMMEND TO THE COMMISSIONER general
rules and regulations which shall regulate methods and procedures in the
administration  and  funding  of  alternative  to  incarceration service
plans, and any other correctional  alternative  program  funded  by  the
state  through  the  division,  including but not limited to issuance of
quarterly reports as specified by section  two  hundred  sixty-three  of
this  chapter.  [Such] WHEN DULY ADOPTED BY THE COMMISSIONER, SUCH rules
and regulations shall be binding upon all counties and eligible programs
that may be funded in such plans and when duly adopted  shall  have  the
force  and  effect of law. [He] THE OFFICE shall keep [himself] informed
as to the development, implementation and utilization of plans and fund-
ed eligible programs therein and shall from time to  time  inquire  into
and  report upon their work and efficiency. [He] THE OFFICE shall inves-
tigate the work of any funded plan or eligible program  and  shall  have
access to their records and offices for such purpose.
  (a)  The  [director] OFFICE shall have the authority to certify to the
commissioner [of  the  division  of  criminal  justice  services]  those
correctional  alternative  programs subject to supervision of the [divi-
sion] OFFICE and determined to perform a criminal justice  function,  as
defined  in subdivision ten of section eight hundred thirty-five of this
chapter, for the  purpose  of  permitting  access  to  criminal  history
records  for  criminal  justice purposes, subject to the approval of the
commissioner [of the division of criminal justice  services].  Any  such
correctional  alternative  program  may  apply  for certification to the
[division] OFFICE in writing, on  forms  prescribed  by  the  [division]
OFFICE. Such application shall specify, at a minimum, the following: the
nature  and  scope  of  the  program;  the  necessity for access to such
records related to their criminal justice function; the names of employ-
ees, and their job titles or positions, for whom access is being sought;
and any other information the [division] OFFICE deems necessary. Certif-
ication shall  include  the  designation  of  those  employees  of  such
programs  for  whom  access to such records is authorized. No designated
employee shall have access to such records until such person has  satis-
factorily  completed  appropriate training, required by the division [of
criminal justice services].
  The [director] OFFICE shall [promulgate] RECOMMEND TO THE COMMISSIONER
rules and regulations which shall include guidelines and  procedures  on
the  placement  of  sex offenders designated as level two or level three
offenders pursuant to article six-C of the correction  law.  Such  regu-
lations  shall  instruct local probation departments to consider certain
factors when investigating and approving the residence of level  two  or
level  three  sex  offenders  sentenced  to  a period of probation. Such
factors shall include the following:
  S 18. Subdivision 1 of section 483-d of the social  services  law,  as
added by chapter 392 of the laws of 2005, is amended to read as follows:
  1.  Committee  established.    There  is hereby established within the
council an out-of-state placement committee comprised of the commission-
er of children and family services, the commissioner of  mental  health,
the  commissioner  of mental retardation and developmental disabilities,

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the commissioner  of  education,  the  commissioner  of  alcoholism  and
substance  abuse  services, the commissioner of health, and the director
of the [division] OFFICE of probation and correctional alternatives.
  S  19.  Section 244 of the executive law, as amended by chapter 906 of
the laws of 1974, is amended to read as follows:
  S 244. Hostels and foster homes. 1. The [director]  OFFICE  is  hereby
authorized  to  provide  or  to  pay for care in a hostel or foster home
approved by [him] THE OFFICE as suitable for such cases for  any  proba-
tioner  or  parolee  under  the  age of twenty-one years when the parole
board or a judge of a court determines that there is no  other  suitable
home  for such probationer or parolee and that such probationer or paro-
lee should be placed in such hostel  or  foster  home.  In  addition  to
payment  for  such care, when ordered by the board or court, the [direc-
tor] OFFICE is authorized to provide  or  pay  for  clothing  and  other
necessities,  including  medical and psychiatric treatment, required for
the welfare of such probationer or parolee. The  [director]  OFFICE  may
also provide or contract for such care in any suitable facility operated
by a department of correction or by any other public or voluntary social
welfare  agency,  institution  or  organization. A court with respect to
such a probationer and the parole board with respect to such  a  parolee
shall,  subject  to regulation by the [director] DIVISION control admis-
sions to and discharges from such hostels and foster homes. When  place-
ment is made in any hostel or foster home, or in any facility other than
a  public institution, such placement whenever practicable shall be in a
hostel, or facility operated by or in the home of a person or persons of
the same religious faith as the probationer or parolee.
  2. The [director] OFFICE shall have authority and the duty  to  stimu-
late  programs  for  the development of hostels and foster homes for the
care of probationers and parolees under the age of twenty-one years.
  S 20. Section 245 of the executive law, as amended by chapter  134  of
the laws of 1985, is amended to read as follows:
  S 245. Probation staff training and development. The [division] OFFICE
of  probation  and  correctional  alternatives  shall  conduct  training
programs for city, county and state  probation  personnel,  prepare  and
execute programs of information and education to interest persons in the
field  of  probation as a vocation, encourage the development by schools
within the state of courses of study in fields related  to  and  bearing
upon  probation  and  engage  in  other  activities of an educational or
informational nature  designed  to  increase  the  number  of  qualified
probation  personnel and improve the caliber of probation service within
the state.  In order to effectuate the provisions of this  section,  the
[division]  OFFICE  of  probation and correctional alternatives shall be
authorized to prepare and disseminate printed materials,  utilize  media
of public information, cooperate with public and private institutions of
learning  and  employ qualified persons as lecturers or consultants on a
fee basis to supplement services to be performed by its personnel  here-
under.  Such  fees  shall be payable out of funds appropriated for these
purposes on the audit and warrant of the comptroller on vouchers  certi-
fied or approved by the [director] OFFICE.
  S 21. Intentionally omitted.
  S 22. Section 247 of the executive law is REPEALED.
  S 23. Section 248 of the executive law, as added by chapter 479 of the
laws  of  1970,  the  opening paragraph as amended by chapter 134 of the
laws of 1985, is amended to read as follows:
  S 248. Establishment  of  probation  scholarships.  The  [division  of
probation  and  correctional  alternatives]  OFFICE,  [under regulations

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which it shall prescribe, and] out of moneys appropriated to it for that
purpose, is authorized to grant scholarships for  graduate  training  in
any  course  of study that would be of substantial value in the field of
probation  at  graduate  schools located within the state whose programs
are registered by the regents.
  Each such scholarship shall entitle the holder thereof to a sum not to
exceed four thousand dollars annually while in attendance at any of  the
said  schools  for  a period not to exceed two years of graduate profes-
sional study.
  Scholarships under this section shall be awarded only to residents  of
the  state of New York who hold a degree of bachelor of arts or bachelor
of science from a college or university, or the equivalent thereof.
  The [director] OFFICE, after consultation  with  the  state  probation
commission,  shall  [make] RECOMMEND TO THE COMMISSIONER rules governing
the award of such scholarships,  the  publication  of  notices  offering
scholarships,  the  issuance  and cancellation of certificates entitling
persons to the benefits thereof, the use of  such  scholarships  by  the
persons  entitled  thereto,  the courses that may be included under such
scholarships, the schools which may be attended under such scholarships,
the rights and duties of scholarship holders and of  the  schools  which
they attend, and providing generally for the carrying into effect of the
provisions  of  this section; and may, by appropriate rule, require that
holders of such scholarships be available for  employment  in  probation
work  in  the  state of New York upon the completion of the training for
which the scholarship is provided. The [director]  OFFICE  shall,  after
consultation  with  the  state probation commission, award such scholar-
ships within such established rules, and any scholarship may be  revoked
for cause.
  Payments  of money under this section may be made to the holder of the
scholarship or to the school or college attended under the  scholarship,
on behalf of, and for the benefit of, the holder of the scholarship.
  Payments of money shall be ordered by the comptroller upon vouchers of
the  [director] OFFICE certifying that the person named therein is enti-
tled to receive the sum either directly, or for his or her benefit.
  S 24. Subdivision 5 of section 256 of the executive law, as amended by
chapter 134 of the laws of 1985, is amended to read as follows:
  5. The director of each probation department, other than a joint coun-
ty department, shall be appointed by the chief executive officer of  the
county.  The  director  of  a joint county probation department shall be
appointed by agreement between the chief executive officers of the coun-
ties participating in such agreement or a majority of them  and  in  the
event  of a deadlock the [state] director of THE OFFICE OF probation and
correctional alternatives shall participate in the making of  the  deci-
sion. Where a county has no chief executive officer, the appointment of,
or  agreement  to appoint, the director shall be made by the chairman of
the board of supervisors or  county  legislatures.  The  director  of  a
probation  department  shall  have  the  power  to appoint all deputies,
supervisors, probation officers and other employees in  such  department
within  appropriations  made available therefor by the board of supervi-
sors or county legislatures. The board of supervisors or county legisla-
tures shall fix the salaries of all personnel in the department and make
the necessary appropriations therefor as well as for the expenses  actu-
ally  and  necessarily  incurred  by  such officers and employees in the
performance of their duties. In the case of a  joint  county  department
the  salaries  of  personnel and the amounts of other expenditures to be
made available for operation of the department shall be set forth in the

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agreement between the counties, and the boards of supervisors or  county
legislatures  shall  make the appropriations required for the respective
proportionate costs thereof.
  S  25. Subdivisions 2, 3 and 4 of section 257 of the executive law, as
amended by chapter 134 of the laws of  1985,  are  amended  to  read  as
follows:
  2.  The [state director] OFFICE of probation and correctional alterna-
tives may when necessary certify in writing the  need  of  one  or  more
salaried  probation officers to the official body charged with responsi-
bility for appropriating funds for support of government  in  the  poli-
tical  subdivision  of  the  state  wherein  a  probation  department is
located. Such body shall then determine whether such need exists and  if
found  to  exist  it  shall fix the salary of such probation officer and
appropriate the necessary funds, as well as provide  for  the  necessary
expenses of such officer.
  3. Each probation officer who collects or has custody of money, before
entering  upon  the  duties  of his OR HER office, shall execute a bond,
pursuant to the provisions of section eleven of the public officers law,
in a penal sum to be fixed by  the  local  director  of  probation  with
sufficient   sureties  approved  thereby,  conditioned  for  the  honest
accounting for all money received by him OR HER as such probation  offi-
cer.  In  the  discretion of the local director of probation, a position
scheduled bond covering all such probation officers may be procured  and
executed in lieu of such individual bonds. The accounts of all probation
officers  shall  be  subject  to  audit at any time by the proper fiscal
authorities and the [division]  OFFICE  of  probation  and  correctional
alternatives.
  4.  It shall be the duty of every probation officer to furnish to each
of his OR HER probationers a statement of the conditions  of  probation,
and  to  instruct  him  OR  HER  with  regard  thereto; to keep informed
concerning his OR HER conduct, habits,  associates,  employment,  recre-
ation  and  whereabouts;  to  contact  him  OR HER at least once a month
pursuant to rules promulgated by the [state director  of  probation  and
correctional  alternatives]  COMMISSIONER  OF  THE  DIVISION OF CRIMINAL
JUSTICE SERVICES; to aid and encourage him OR HER by friendly advice and
admonition; and by such other measures as  may  seem  most  suitable  to
bring  about  improvement  in  his OR HER conduct, condition and general
attitude toward society. Probation officers shall report to the head  of
the  probation  bureau or department who shall in turn report in writing
to the court and the [state director] OFFICE of  probation  and  correc-
tional  alternatives  at  least  monthly  or where there is no bureau or
department, directly to the court and the  [state  director]  OFFICE  of
probation  and  correctional  alternatives  concerning  the  conduct and
condition of probationers; keep records of their work as probation offi-
cers; keep accurate and complete accounts of all  money  collected  from
probationers;  give receipts therefor and make prompt returns thereof at
least monthly; aid in securing employment; perform such other duties  in
connection  with such probationer as the court may direct or as required
by the general rules adopted pursuant to section two hundred forty-three
of this chapter; and make such reports to the [state division] OFFICE of
probation and correctional alternatives as it may require.
  S 26. Subdivision 6 of section 257-c of the executive law is REPEALED.
  S 27. Paragraphs a, b, e and i of subdivision 1 of section 261 of  the
executive  law,  paragraphs  a, e and i as amended by chapter 338 of the
laws of 1989 and paragraph b as amended by chapter 461 of  the  laws  of
1990, are amended to read as follows:

S. 6606--B                         13                         A. 9706--C

  a.  "Service  plan" or "plan" means a county plan designed to identify
and provide eligible programs as determined by either an advisory  board
established pursuant to this article, or by an existing criminal justice
coordinating  council, provided, however, the membership of such council
includes  a  majority  of  those persons set forth in subdivision two of
this section, provided that one person shall be the chief administrative
officer. The following factors considered, utilized and incorporated  in
the plan shall include but not be limited to:
  (i) an analysis of the jail population to assist in determining incar-
ceration  practices  and  trends,  including,  if submitting an approved
amendment pursuant to section two hundred sixty-six of this article,  an
analysis  of  the  relationship between alcohol, drugs and crime and the
effects of alcohol and substance abuse on  the  local  criminal  justice
system  and  jail,  probation  and  alternatives  to incarceration popu-
lations, consistent with planning guidelines established by  the  [divi-
sion]  OFFICE;  the  types and nature of alternative programming needed,
and appropriate eligibility requirements;
  (ii) an analysis of recent overcrowding problems and measures taken by
the county to relieve them;
  (iii) a summary  of  existing  alternatives  programs  and/or  related
services and previous efforts made by the county to develop alternatives
to  incarceration and if an approved amendment is submitted, pursuant to
section two hundred sixty-six of this article,  a  summary  of  existing
alcohol and substance abuse programs;
  (iv) a comprehensive plan for the development of alternatives programs
that addresses the specific needs identified in subparagraph (i) of this
paragraph  and  furthers  the  county's  long-range goals in the area of
alternatives to incarceration;
  (v) specific proposals for the use of state aid available  under  this
chapter,  including a description of services to be provided, character-
istics of the target populations, steps to be taken to identify eligible
participants, the goals and objectives to be  accomplished  through  the
proposals;
  (vi)  a  detailed  time frame for the implementation and evaluation of
the specific proposals described in subparagraph (v) of this paragraph;
  (vii) a summary of those criteria by which the [division]  OFFICE  and
the  state commission of correction may measure the proposal's impact on
jail overcrowding; and
  (viii) any other information which the [division] OFFICE  may  request
consistent with the purposes of this chapter.
  Nothing  in  this  article  shall prohibit the development of regional
programs by two or more counties.
  b. "Eligible programs" means existing programs, enhancement of  exist-
ing programs or initiation of new programs or, if submitting an approved
amendment  pursuant  to  section  two hundred sixty-six of this article,
eligible alcohol and substance abuse programs as defined in paragraph  c
of  this subdivision which serve to assist the court, public officers or
others in identifying and avoiding the inappropriate use  of  incarcera-
tion. Such programs may be administered by either the county or private,
community-based  organizations and may include, but shall not be limited
to: new or enhanced specialized probation services  which  exceed  those
probation services otherwise required to be performed in accordance with
applicable law, rule or regulation of the [state] division of [probation
and  correctional alternatives] CRIMINAL JUSTICE SERVICES subject to the
provisions  of  this  article;  a  pre-trial  alternative  to  detention
program, including a comprehensive pre-arraignment program which screens

S. 6606--B                         14                         A. 9706--C

all defendants and ensures that the court is fully advised of the avail-
ability of alternatives based upon the defendant's suitability and needs
prior  to  its determination regarding the issuance of a securing order,
or  an  effective bail review program; alternatives to post-adjudicatory
incarceration programs, including community service, substance abuse  or
alcohol   intervention  programs;  and  management  information  systems
designed to improve the county's ability to identify appropriate persons
for alternatives to detention or incarceration, as well as for  improved
classification  of  persons within jail. For purposes of this paragraph,
community  service  programs  may  place  persons  performing  community
service at worksites identified by the commissioner of the department of
environmental  conservation and the commissioner of the office of parks,
recreation and historic preservation.
  e. "Approved plan" means a plan submitted by the county executive upon
approval by the advisory board or council and by the  local  legislative
body,  which  has  been  determined  by  the  [division of probation and
correctional alternatives] OFFICE to meet the requirements set forth  in
paragraph a of this subdivision.
  i.  ["Division"] "OFFICE" means the [division] OFFICE of probation and
correctional alternatives.
  S 28. Section 262 of the executive law, as added by chapter 907 of the
laws of 1984, paragraph a of subdivision 4 as amended by chapter 421  of
the laws of 1988, is amended to read as follows:
  S 262. [Division]  OFFICE  assistance; plan; approval. 1. Upon request
of either the county executive or the advisory board, through the chair-
person, the [division] OFFICE shall assist the county in the development
of its plan by providing technical assistance either directly or through
contract with persons or organizations which have expertise in the  area
of pre-trial services or alternatives to incarceration programs.
  2.  Upon development of a proposed plan but at least thirty days prior
to approval by the board, public comment shall be solicited for  consid-
eration by the board prior to final action.
  3. Upon approval by the board, by a majority of its members, any coun-
ty outside the city of New York acting through its county executive, and
upon  approval  of  the  local  legislative  body, may submit a proposed
service plan to the [division] OFFICE for approval. The city of New York
acting through the mayor and upon approval by the board of estimate  may
submit a proposed service plan to the [division] OFFICE for approval.
  4.  a.  Each  such plan shall be submitted to the [division] OFFICE no
later than one hundred eighty days after the effective date of the chap-
ter of the laws of nineteen  hundred  eighty-eight  which  amended  this
paragraph  and  added  these  words or by the first day of April of each
subsequent year and shall provide that upon  approval  it  shall  become
effective.  Annual  renewals  of service plans are required and shall be
submitted to the [division] OFFICE no later than the first day of  April
of  each  year  following submission of the original plan. A plan may be
amended from time to time by the advisory board, subject to the approval
of the local legislative body and the [division] OFFICE.  The [division]
OFFICE may recommend amendments to a plan, subject to  the  approval  of
the  advisory  board  and  the  local legislative body. Reasons for such
amendments may include but shall not  be  limited  to  the  addition  or
deletion  of  eligible programs with due consideration to their utiliza-
tion by the court, their effect on diverting the jail bound  population,
reducing the overcrowding problem and their cost-effectiveness.
  b.  The  [division]  OFFICE  shall  either approve or deny the plan no
later than sixty days following its submission. If the plan  is  denied,

S. 6606--B                         15                         A. 9706--C

the  [division]  OFFICE  shall notify the county executive in writing of
such denial and the reasons therefor  and  shall  specify  any  measures
which  should  be  undertaken  to  secure the approval of the [division]
OFFICE.  Nothing  herein shall prohibit the amendment of a plan to over-
come the [division's] OFFICE'S stated reasons for denial or  the  resub-
mission of such proposed plan for approval.
  S 29. Section 263 of the executive law, as added by chapter 907 of the
laws of 1984, is amended to read as follows:
  S 263. Reports.  The  advisory  board,  through its chairperson, shall
submit to the [division] OFFICE  a  quarterly  report  relative  to  the
status  of  compliance  with the plan, pursuant to rules and regulations
promulgated by the [division] COMMISSIONER OF THE DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  UPON  RECOMMENDATION OF THE OFFICE.  The report shall
include, but not be limited to:   compliance  with  specific  goals  and
objectives  as  reflected  in  the  plan;  ability  of  programs to meet
performance criteria; compliance with  timetables;  utilization  by  the
court  of  the programs included in the plan; effect of such programs on
diverting the jail bound population and reducing the over crowding prob-
lem; and any other information requested by the  [division]  OFFICE  and
available to the advisory board with respect to this article.
  S  30.    Section 264 of the executive law, as added by chapter 907 of
the laws of 1984, the opening paragraph of subdivision 1 as  amended  by
chapter 908 of the laws of 1984, is amended to read as follows:
  S 264. Noncompliance  with  plan.  1.  If  at  any time the [division]
OFFICE determines that a county plan is  not  being  complied  with,  it
shall  notify  the  advisory board through the chairperson and the state
commission of correction in writing of such fact, and it shall  withhold
any  portion of state funds not theretofore allocated. Such notice shall
state the particular reasons for the determination and demand compliance
with the plan within sixty days of the notice, setting forth the specif-
ic actions deemed necessary  to  secure  compliance.  If  compliance  is
forthcoming  the  board  and the state commission of correction shall be
notified of such fact in writing and any state funds heretofore withheld
shall be released. If compliance with the plan is not  fulfilled  within
such  time or within a thirty day extension period as authorized herein,
the [division] OFFICE shall notify the advisory board through the chair-
person and the state commission of correction. Upon  such  notification,
the  county  shall be deemed in noncompliance with the approved plan and
the provisions of subdivision eight of section  five  hundred-b  of  the
correction law shall be applied.
  An  extension may be granted by the [division] OFFICE for a thirty day
period upon a request by the board through the  chairperson,  where  the
[division] OFFICE determines it to be appropriate, setting forth specif-
ic  reasons  for  a  need  for an extension and the steps which shall be
undertaken to be in compliance at the end of such period.
  Any notification by the [division] OFFICE of  non-compliance  pursuant
to  this  section  shall be deemed a final determination for purposes of
judicial review.
  2. The advisory  board,  through  its  chairperson,  may  reapply  for
continuation  of  its approved plan or modified plan, provided it certi-
fies that it has complied with the specific actions deemed necessary  by
the  [division]  OFFICE  to  secure  compliance.  Within  thirty days of
receipt of the application the [division] OFFICE shall verify compliance
with its notice and  notify  the  board  and  the  state  commission  of
correction of its decision.

S. 6606--B                         16                         A. 9706--C

  S  31.  The section heading, subdivision 1, paragraph b of subdivision
2, and the opening paragraph and paragraphs a and b of subdivision 3  of
section 265 of the executive law, the section heading and paragraph a of
subdivision  3  as added by chapter 907 of the laws of 1984, subdivision
1, paragraph b of subdivision 2 and the opening paragraph of subdivision
3  as  amended  by  chapter  338  of the laws of 1989 and paragraph b of
subdivision 3 as amended by chapter 320 of the laws of 1989, are amended
to read as follows:
  Further authority of the [division] OFFICE; state  assistance.  1.  In
administering  the provisions of this article, the [division] OFFICE may
perform such other and further acts and [promulgate]  RECOMMEND  TO  THE
COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES such rules and
regulations  it  deems  necessary,  proper or desirable to carry out the
purpose of this article and not otherwise inconsistent  with  the  other
provisions  of this article, chapter or any other provision of law. This
shall include, but not be limited to, the [division's] OFFICE'S  consul-
tation with the chief administrative judge of the office of court admin-
istration, the chairman of the state commission of correction[,] AND the
[director of the division of alcoholism and alcohol abuse and the direc-
tor  of  the division of] COMMISSIONER OF ALCOHOLISM AND substance abuse
services.
  b. Except as provided in section two hundred sixty-six of  this  arti-
cle,  applications  for  such  assistance  must be made and submitted no
later than one hundred eighty days after the effective date of the chap-
ter of the laws of nineteen  hundred  eighty-eight  which  amended  this
paragraph  and  added  these  words or by the first day of April of each
subsequent year and shall be either approved or denied by the [division]
OFFICE no later than sixty days following such submission. Any  part  of
the  moneys  so  made  available  and not apportioned pursuant to a plan
approved and contract entered into with the [division] OFFICE within the
time limits required shall be apportioned by the  [division]  OFFICE  in
its  discretion  to such a city or counties on a need basis, taking into
consideration inmate population or prior commitment by a county  in  the
development of alternatives to detention or incarceration programs.
  The [division] OFFICE may receive applications from and may enter into
contracts with municipalities to undertake implementation of the service
plan and any such municipality may enter into a contract with the [divi-
sion]  OFFICE  and  with  such private organization or organizations for
such purpose. Except as provided in section  two  hundred  sixty-six  of
this  article,  any  such contract may include such provisions as may be
agreed upon by the parties thereto, but shall include  in  substance  at
least the following:
  a.  An  estimate  of  the  reasonable cost and need of the programs as
approved by the [division] OFFICE;
  b. In the first year of the approved service plan an agreement by  the
[division]  OFFICE  to reimburse to the municipality up to fifty percent
of the state's share of the costs at the initial approval of  the  plan;
one-half  of  the  remaining fifty percent of the state's share shall be
allocated to municipalities  during  the  implementation  of  the  plan,
provided  there  is substantial compliance with timetables and any other
provisions of the plan deemed necessary by the  [division]  OFFICE.  The
balance  of  the  state's  share  of the costs shall be allocated to the
municipality in a manner determined by the  [division]  OFFICE.  In  any
subsequent  year,  the  [division] OFFICE shall reimburse to the munici-
pality the state's share of actual costs incurred under the plan. In  no
event  shall the state's share exceed fifty percent of the total cost of

S. 6606--B                         17                         A. 9706--C

the plan, nor shall it be used to replace current  expenditures  by  the
municipality  for  such alternatives programs.   However, in determining
the amount of the municipal share of the cost of a program,  the  [divi-
sion] OFFICE shall reduce the amount of the municipal share by an amount
equal  to  the  costs incurred by such municipality on implementation of
any of the plan's  provisions  during  the  year  immediately  preceding
approval of the plan by the [division] OFFICE. Any such amount resulting
in  a reduction of the municipal share shall not be considered in calcu-
lating the municipal share of any future program;
  S 32. The section heading and subdivisions 3 and 4 of section  266  of
the  executive  law,  as  added  by chapter 338 of the laws of 1989, are
amended to read as follows:
  Additional authority  of  the  [division]  OFFICE;  state  assistance;
approved amendments for eligible alcohol and substance abuse programs.
  3.  For  the  purposes of carrying out the purpose of this section, of
the amount made available in paragraph a of subdivision two  of  section
two  hundred sixty-five, state assistance of not less than seven million
dollars shall be made available for approved amendments. Of this amount,
no more than forty percent  shall  be  made  available  for  such  state
assistance  to  cities  with  a  population  of one million or more. The
remaining amount shall be made available for such  state  assistance  to
counties  outside such cities. The [division] OFFICE shall apportion the
amount available for approved amendments on an as needed  basis,  taking
into  consideration  the  analysis  of the relationship between alcohol,
drugs and crime, as required in this article, as well as  other  factors
as may be required by the [division] OFFICE.
  4. The [division] OFFICE may receive approved amendments and may amend
approved  plans in accordance with such approved amendments at any time.
The [division] OFFICE may enter into contracts to undertake  the  imple-
mentation of the approved amendments and any such municipality may enter
into contracts with the [division] OFFICE and with private organizations
for  such implementation. Any such contracts may include such provisions
as may be agreed upon by the parties thereto, but shall include at least
the following:
  a. An estimate of the reasonable costs and need for the eligible alco-
hol and substance abuse programs;
  b. An agreement by the [division] OFFICE to reimburse the municipality
in accordance with the following:
  (i) In the first year of implementation and operation of the  eligible
alcohol  and  substance abuse program, the [division] OFFICE shall reim-
burse to the municipality one hundred percent  of  the  costs  incurred,
provided  that, upon approval of the contract and consistent with imple-
mentation plans approved by the [division] OFFICE, up to one-half of the
state's share of the cost of such program may be  immediately  allocated
to  the  municipality for purposes of implementation of the program. The
balance of the state's share of the costs  shall  be  allocated  to  the
municipality in a manner determined by the [division] OFFICE.
  (ii)  In  the  second  year  of operation of such eligible alcohol and
substance abuse program, such program shall be included in the  approved
service  plan  submitted  by  the municipality and the [division] OFFICE
shall reimburse to the municipality seventy-five percent of the costs of
approved expenditures. Municipalities shall provide at least twenty-five
percent of costs of approved expenditures of the contract.
  (iii) In the third and any subsequent year of operation of such  alco-
hol  and  substance abuse program, such program shall be included in the
approved service plan submitted by the municipality and  the  [division]

S. 6606--B                         18                         A. 9706--C

OFFICE shall reimburse to the municipality fifty percent of the costs of
approved  expenditures.  Municipalities  shall  provide  at  least fifty
percent of costs of approved expenditures of the contract.
  In  no  event  shall the state's share be used to replace expenditures
previously incurred by the municipality for such alcohol  and  substance
abuse programs;
  c.  An agreement by the municipality to provide for the payment of the
municipality's share of the costs of the  alcohol  and  substance  abuse
program  or  programs, and to proceed expeditiously with, and implement,
such program or programs, as approved by the [division] OFFICE; and
  d. Any costs in excess of the amount provided for in this  subdivision
shall  be  the  responsibility  of the municipality, except as otherwise
provided in this article.
  S 33. Section 267 of the executive law, as amended by chapter  338  of
the laws of 1989, is amended to read as follows:
  S 267. [Division]  OFFICE  reports. The [division] OFFICE shall submit
to the governor, the temporary president of the senate, the  speaker  of
the  assembly, the chairman of the senate crime and correction committee
and the chairman of the assembly committee on codes by October first  of
each  year  its  evaluation and assessment of this alternatives planning
and programming effort by the counties. Such report shall  include,  but
not  be  limited  to,  the  status of the development of such plans, the
approval and implementation of such plans, the success of the  programs,
in terms of their utilization, effect on jail population, results of the
analyses  provided counties and the city of New York on the relationship
between alcohol, drugs and crime and the success of the eligible alcohol
and substance abuse programs and sentencing decisions together with  any
recommendations  with  respect to the proper operation or improvement of
planning and implementation of effective alternatives to  detention  and
alternatives to incarceration programs in counties.
  S 34. Section 354-a of the executive law, as amended by chapter 355 of
the laws of 2004, is amended to read as follows:
  S 354-a. Information  on  status  of  veterans  receiving  assistance.
Departments, divisions, bureaus, boards, commissions and agencies of the
state and political  subdivisions  thereof,  which  provide  assistance,
treatment,  counseling,  care,  supervision  or custody in service areas
involving health, mental health, family services,  criminal  justice  or
employment,  including  but  not limited to the office of alcoholism and
substance abuse services, office of mental health, [division] OFFICE  of
probation  and  correctional alternatives, office of children and family
services, office of temporary and disability assistance,  department  of
health,  department  of labor, local workforce investment boards, office
of mental retardation  and  developmental  disabilities,  department  of
correctional  services  and  division  of parole, shall request assisted
persons to provide information with regard to their veteran  status  and
military  experiences.  Individuals  identifying  themselves as veterans
shall be advised that the division of veterans' affairs and local veter-
ans' service agencies established  pursuant  to  section  three  hundred
fifty-seven  of  this  article  provide assistance to veterans regarding
benefits under federal and state  law.  Information  regarding  veterans
status  and  military  service  provided  by  assisted persons solely to
implement this section  shall  be  protected  as  personal  confidential
information  under  article  six-A  of  the  public officers law against
disclosure of confidential material, and used  only  to  assist  in  the
diagnosis,  treatment, assessment and handling of the veteran's problems
within the agency requesting  such  information  and  in  referring  the

S. 6606--B                         19                         A. 9706--C

veteran to the division of veterans' affairs for information and assist-
ance  with  regard  to benefits and entitlements under federal and state
law.
  S 35. Intentionally Omitted.
  S 36. Intentionally Omitted.
  S  37. Paragraph (a) of subdivision 20 of section 623 of the executive
law, as amended by chapter 418 of the laws of 1986, is amended  to  read
as follows:
  (a)   Information  transmitted  by  the  [state  division]  OFFICE  of
probation  and  correctional  alternatives  under  subdivision  five  of
section  390.30  of  the criminal procedure law and subdivision seven of
section 351.1 of the family court act which  the  board  shall  compile,
review and make recommendations on how to promote the use of restitution
and encourage its enforcement.
  S  38.  Subdivision 1 of section 643 of the executive law, as added by
chapter 94 of the laws of 1984, is amended to read as follows:
  1. As used in this section, "crime victim-related  agency"  means  any
agency  of state government which provides services to or deals directly
with crime victims, including (a) the [department  of  social  services]
OFFICE  OF  CHILDREN AND FAMILY SERVICES, the office [of] FOR the aging,
the division of veterans affairs, [the division of probation,] the divi-
sion of parole, [the crime victims board,] the department of motor vehi-
cles, the office of vocational rehabilitation, the workers' compensation
board, the department  of  health,  the  division  of  criminal  justice
services,  the  office  of mental health, every transportation authority
and the division of state police, and (b) any other agency so designated
by the governor within  ninety  days  of  the  effective  date  of  this
section.
  S 39. Subdivision 9 of section 835 of the executive law, as amended by
chapter 602 of the laws of 2008, is amended to read as follows:
  9.  "Qualified agencies" means courts in the unified court system, the
administrative board of the judicial conference, probation  departments,
sheriffs'  offices, district attorneys' offices, the state department of
correctional services[, the state division of probation], the department
of correction of any municipality, the insurance frauds  bureau  of  the
state  department  of  insurance,  the  office  of  professional medical
conduct of the state department of health for the  purposes  of  section
two  hundred  thirty  of  the  public  health  law, the child protective
services unit of a local social services  district  when  conducting  an
investigation  pursuant to subdivision six of section four hundred twen-
ty-four of the social services law, the  office  of  Medicaid  inspector
general,  the  temporary state commission of investigation, the criminal
investigations bureau of  the  banking  department,  police  forces  and
departments  having responsibility for enforcement of the general crimi-
nal laws of the state  and  the  Onondaga  County  Center  for  Forensic
Sciences  Laboratory when acting within the scope of its law enforcement
duties.
  S 40. Subdivision 8 of section 92  of  the  public  officers  law,  as
amended  by  chapter  336  of  the  laws  of 1992, is amended to read as
follows:
  (8) Public safety  agency  record.  The  term  "public  safety  agency
record"  means  a  record of the commission of correction, the temporary
state  commission  of  investigation,  the  department  of  correctional
services,  the  [division  for  youth]  OFFICE  OF  CHILDREN  AND FAMILY
SERVICES, the division of parole, the [crime victims  board]  OFFICE  OF
VICTIM  SERVICES,  the  [division]  OFFICE of probation and correctional

S. 6606--B                         20                         A. 9706--C

alternatives or the division of state police or of any agency or  compo-
nent thereof whose primary function is the enforcement of civil or crim-
inal statutes if such record pertains to investigation, law enforcement,
confinement  of  persons  in  correctional  facilities or supervision of
persons pursuant to criminal conviction or court order, and any  records
maintained  by  the  division  of  criminal justice services pursuant to
sections eight hundred thirty-seven, eight hundred thirty-seven-a, eight
hundred thirty-seven-b,  eight  hundred  thirty-seven-c,  eight  hundred
thirty-eight,  eight  hundred thirty-nine, eight hundred forty-five, and
eight hundred forty-five-a of the executive law and by the department of
state pursuant to section ninety-nine of the executive law.
  S 41. The opening paragraph of  paragraph  (b)  of  subdivision  6  of
section  1198  of the vehicle and traffic law, as amended by chapter 669
of the laws of 2007, is amended to read as follows:
  After consultation with manufacturers of  ignition  interlock  devices
and the national highway traffic safety administration, the commissioner
of  the  department of health, in consultation with the commissioner and
the [director of the division]  OFFICE  of  probation  and  correctional
alternatives,  shall promulgate regulations regarding standards for, and
use  of,  ignition  interlock  devices.  Such  standards  shall  include
provisions for setting a minimum and maximum calibration range and shall
include, but not be limited to, requirements that the devices:
  S  42. Paragraph hh of subdivision 1 of section 3-0301 of the environ-
mental conservation law, as amended by chapter 461 of the laws of  1990,
is amended to read as follows:
  hh. Cooperate with the [division] OFFICE of probation and correctional
alternatives by identifying appropriate worksites where persons perform-
ing  community service as part of a criminal disposition may be assigned
to provide cleanup and other maintenance services in order  to  preserve
and  enhance the state's natural beauty and human-made scenic qualities.
Such sites may include but are not limited to  the  state's  shorelines,
beaches, parks, roadways, historic sites and other natural or human-made
resources.
  S  43.  Paragraph  (m)  of subdivision 1 of section 2782 of the public
health law, as amended by chapter 193 of the laws of 1991, is amended to
read as follows:
  (m) an employee or agent of the [division]  OFFICE  of  probation  and
correctional  alternatives or any local probation department, in accord-
ance with paragraph (a)  of  subdivision  two  of  section  twenty-seven
hundred  eighty-six of this article, to the extent the employee or agent
is authorized to access records containing such information in order  to
carry  out  the  [division's] OFFICE'S or department's functions, powers
and duties with respect to the protected individual, pursuant  to  arti-
cles twelve and twelve-A of the executive law;
  S  44.  Subdivision  2-f  of section 3.09 of the parks, recreation and
historic preservation law, as amended by chapter 461 of the laws of 1990
and as separately renumbered by chapters 460 and  552  of  the  laws  of
2001, is amended to read as follows:
  2-f. Cooperate with the [division] OFFICE of probation and correction-
al  alternatives  by  identifying  appropriate  worksites  where persons
performing community service as part of a criminal  disposition  may  be
assigned  to  provide cleanup and other maintenance services in order to
preserve and enhance the state's natural beauty  and  human-made  scenic
qualities.  Such  sites  may  include but are not limited to the state's
shorelines, beaches, parks, roadways, historic sites and  other  natural
or human-made resources.

S. 6606--B                         21                         A. 9706--C

  S  45.  Paragraph  2 of subdivision (a) of section 19.09 of the mental
hygiene law, as added by chapter 223 of the laws of 1992, is amended  to
read as follows:
  (2)  Upon  the request of a state agency, including but not limited to
the department of correctional services, the [state division] OFFICE  of
probation and correctional alternatives, the [division for youth] OFFICE
OF  CHILDREN  AND  FAMILY SERVICES, and the board of parole, the commis-
sioner shall have the power to provide alcoholism, substance abuse,  and
chemical  dependence services either directly or through agreements with
local certified or approved providers to persons in the custody or under
the jurisdiction of the requesting agency within amounts  available  and
within priorities established through the planning process.
  S  46.  Subdivision  4  of section 65.10 of the penal law, as added by
chapter 653 of the laws of 1996, is amended to read as follows:
  4. Electronic monitoring. When imposing a sentence  of  probation  the
court  may,  in  addition to any conditions imposed pursuant to subdivi-
sions two and three of this section, require the defendant to submit  to
the  use  of an electronic monitoring device and/or to follow a schedule
that governs the defendant's  daily  movement.  Such  condition  may  be
imposed only where the court, in its discretion, determines that requir-
ing  the  defendant  to  comply  with such condition will advance public
safety, probationer control or  probationer  surveillance.    Electronic
monitoring shall be used in accordance with uniform procedures developed
by the [division] OFFICE of probation and correctional alternatives.
  S  47. Subdivision 1 of section 89-e of the correction law, as amended
by chapter 550 of the laws of 1987, is amended to read as follows:
  1. The alternate correctional facility review panel is  hereby  estab-
lished  and shall consist of the commissioner, the chairman of the state
commission of correction, the chairman  of  the  board  of  parole,  the
director of the [division] OFFICE of probation and correctional alterna-
tives, the commissioner of correction of the city of New York, the pres-
ident  of  the New York State Sheriffs' Association Institute, Inc., and
the president of the Correctional  Association  of  New  York  or  their
designees.  The governor shall appoint a chairman and vice-chairman from
among the members.
  S 48. Subdivision 4 of section 270 of the correction law, as added  by
section  1  of  part SS of chapter 56 of the laws of 2009, is amended to
read as follows:
  4. "Division" means the division of [probation and correctional alter-
natives] CRIMINAL JUSTICE SERVICES.
  S 49. Subdivision 1 of section 705 of the correction law,  as  amended
by chapter 193 of the laws of 1991, is amended to read as follows:
  1.  All  applications, certificates and orders of revocation necessary
for the purposes of this article shall be upon forms prescribed pursuant
to agreement among the state commissioner of correctional services,  the
chairman of the state board of parole and the administrator of the state
judicial  conference. Such forms relating to certificates of relief from
disabilities shall be distributed by the [director of  the  state  divi-
sion] OFFICE of probation and correctional alternatives and forms relat-
ing to certificates of good conduct shall be distributed by the chairman
of the board of parole.
  S  50.  The  opening  paragraph  of subdivision 4 and subdivision 5 of
section 390.30 of the criminal procedure law, the opening  paragraph  of
subdivision 4 as amended by chapter 618 of the laws of 1992 and subdivi-
sion  5  as added by chapter 14 of the laws of 1985, are amended to read
as follows:

S. 6606--B                         22                         A. 9706--C

  In lieu of the procedure set forth in subdivisions one, two and  three
OF  THIS  SECTION, where the conviction is of a misdemeanor the scope of
the pre-sentence investigation may  be  abbreviated  and  a  short  form
report  may  be  made.   The use of abbreviated investigations and short
form  reports,  the  matters  to  be covered therein and the form of the
reports shall be in accordance with the general rules regulating methods
and procedures in the administration of probation as adopted  from  time
to  time  by  the [state director of probation and correctional alterna-
tives] COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES  pursu-
ant  to  the  provisions of article twelve of the executive law. No such
rule, however, shall be construed so as to relieve the agency conducting
the investigation of the duty of investigating and reporting upon:
  5. Information to be forwarded  to  the  [state  division]  OFFICE  of
probation  AND  CORRECTIONAL ALTERNATIVES.  Investigating agencies under
this article shall be responsible for the collection,  and  transmission
to  the  [state  division] OFFICE of probation AND CORRECTIONAL ALTERNA-
TIVES, of data on the  number  of  victim  impact  statements  prepared,
pursuant  to  regulations  of  the [division] OFFICE.   Such information
shall be transmitted to the  [crime  victims  board]  OFFICE  OF  VICTIM
SERVICES  and  included in the [board's] OFFICE'S annual report pursuant
to subdivision twenty of section six hundred twenty-three of the  execu-
tive law.
  S  51.  Subdivision 1 of section 410.80 of the criminal procedure law,
as amended by chapter 191 of the laws of 2007, is  amended  to  read  as
follows:
  1.  Authority to transfer supervision. Where a probationer at the time
of sentencing resides in another  jurisdiction  within  the  state,  the
sentencing court shall transfer supervision to the appropriate probation
department in such other jurisdiction. Where, after a probation sentence
is  pronounced,  a probationer desires to reside in another jurisdiction
within the state that is not served by the sentencing court, such court,
in its discretion, may approve a change in residency and, upon approval,
shall transfer supervision to the appropriate probation department serv-
ing the county of the probationer's proposed new residence. Any transfer
under this subdivision must be in accordance with rules adopted  by  the
[director]  COMMISSIONER  of  the  [state]  division  of  [probation and
correctional alternatives] CRIMINAL JUSTICE SERVICES.
  S 52. Subdivision 8 of section 420.10 of the criminal  procedure  law,
as  amended  by  chapter 506 of the laws of 1985, paragraph (a) as sepa-
rately amended by chapters 134, 233 and 506 of  the  laws  of  1985  and
paragraph  (b) as separately amended by chapters 134 and 506 of the laws
of 1985, is amended to read as follows:
  8. Designation of restitution agency. (a) The chief  elected  official
in  each  county, and in the city of New York the mayor, shall designate
an official or organization other  than  the  district  attorney  to  be
responsible  for  the  collection  and administration of restitution and
reparation payments under provisions of the penal law and this chapter[;
provided, however, that  where  the  state  division  of  probation  and
correctional  alternatives  provides for and delivers probation services
pursuant to the provisions of section two  hundred  forty-seven  of  the
executive  law the state division of probation and correctional alterna-
tives shall have the first option of  designating  such  agency  as  the
restitution agency for such county]. This official or organization shall
be  eligible  for  the  designated surcharge provided for by subdivision
eight of section 60.27 of the penal law.

S. 6606--B                         23                         A. 9706--C

  (b) The restitution agency, as designated by  paragraph  (a)  of  this
subdivision, shall be responsible for the collection of data on a month-
ly  basis  regarding  the  numbers  of restitution and reparation orders
issued, the numbers of satisfied restitution and reparation  orders  and
information  concerning  the  types of crimes for which such orders were
required. A probation department designated as  the  restitution  agency
shall  then forward such information to the [director of the state divi-
sion] OFFICE of probation and correctional alternatives within the first
ten days following the end of each month [who shall transmit such infor-
mation to the division of criminal justice services]. In all other cases
the restitution agency shall report to the division of criminal  justice
services  directly.  The  division  of  criminal  justice services shall
compile and review all such  information  and  make  recommendations  to
promote the use of restitution and encourage its enforcement.
  S 53. Section 252-a of the family court act, as added by chapter 55 of
the laws of 1992, is amended to read as follows:
  S  252-a.  Fees. (a) Notwithstanding any other provision of law, every
county, including the city of New York, may adopt a local law  authoriz-
ing  its  probation  department  which is ordered to conduct an investi-
gation pursuant to section six hundred  fifty-three  of  this  [chapter]
ACT, to be entitled to a fee of not less than fifty dollars and not more
than  five  hundred  dollars  from  the  parties  in such proceeding for
performing such investigation. Such fee shall be based  on  the  party's
ability  to  pay  the fee and the schedule for payment shall be fixed by
the court issuing the order for investigation, pursuant  to  the  guide-
lines  issued  by the [director of the division] OFFICE of probation and
correctional alternatives, and may in the discretion  of  the  court  be
waived  when the parties lack sufficient means to pay the fee. The court
shall apportion the fee between the parties based  upon  the  respective
financial circumstances of the parties and the equities of the case.
  (b)  Fees pursuant to this section shall be paid directly to the local
probation department to be retained and  utilized  for  local  probation
services,  and  shall  not  be  considered  by  the [division] OFFICE of
probation AND  CORRECTIONAL  ALTERNATIVES  when  determining  state  aid
[reimbursement]  pursuant to section two hundred forty-six of the execu-
tive law.
  S 54. Subdivision 7 of section 351.1 of the family court act, as added
by chapter 418 of the laws of 1986, is amended to read as follows:
  7. The probation services  which  prepare  the  investigation  reports
shall  be  responsible for the collection and transmission to the [state
division] OFFICE of probation and correctional alternatives, of data  on
the number of victim impact statements prepared, pursuant to regulations
of  the  division.   Such information shall be transmitted to the [crime
victims board] OFFICE OF VICTIM SERVICES and included in  the  [board's]
OFFICE'S  annual  report  pursuant  to subdivision twenty of section six
hundred twenty-three of the executive law.
  S 55. Subdivision 2 of section 385.1  of  the  family  court  act,  as
amended  by  chapter  134  of  the  laws  of 1985, is amended to read as
follows:
  2. The [division] OFFICE of probation  and  correctional  alternatives
shall  include  in its annual report to the legislature and the governor
information, by county, showing the total number  of  delinquency  cases
adjusted prior to filing.
  S 56. Section 177-e of the judiciary law is REPEALED.

S. 6606--B                         24                         A. 9706--C

  S  57.   Paragraph (g) of subdivision 1 of section 1193 of the vehicle
and traffic law, as added by chapter 496 of the laws of 2009, is amended
to read as follows:
  (g)  The  [division] OFFICE of probation and correctional alternatives
shall [promulgate] RECOMMEND TO THE  COMMISSIONER  OF  THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES  regulations  governing  the  monitoring  of
compliance by persons ordered to install and maintain ignition interlock
devices to provide standards for monitoring by departments of probation,
and options for monitoring of compliance by such persons, that  counties
may adopt as an alternative to monitoring by a department of probation.
  S 58. Subdivision 5 of section 257-c of the executive law, as added by
chapter 55 of the laws of 1992, is amended to read as follows:
  5.  Monies  collected  pursuant  to this section shall be utilized for
probation services by the local probation department. Such moneys  shall
not be considered by the division when determining state aid [reimburse-
ment]  pursuant  to  section two hundred forty-six of the executive law.
Monies collected shall not be used to replace  federal  funds  otherwise
utilized for probation services.
  S 59. Section 385.2 of the family court act, as amended by chapter 134
of the laws of 1985, is amended to read as follows:
  S 385.2. Consolidation of records within a city having a population of
one  million  or  more. Notwithstanding any other provision of law, in a
city having a population of one million or more, an index of the records
of the local probation departments located in  the  counties  comprising
such  city for proceedings under article three shall be consolidated and
filed in a central  office  for  use  by  the  family  court  and  local
probation service in each such county. After consultation with the state
administrative  judge,  THE  COMMISSIONER  OF  THE  DIVISION OF CRIMINAL
JUSTICE SERVICES IN CONSULTATION WITH the [state] director of THE OFFICE
OF probation and correctional alternatives shall specify the information
to be contained in such index and the organization of such  consolidated
file.
  S 60. Section 783-a of the family court act, as amended by chapter 134
of the laws of 1985, is amended to read as follows:
  S 783-a. Consolidation of records within a city having a population of
one  million  or  more. Notwithstanding any other provision of law, in a
city having a population of one million or more, an index of the records
of the local probation departments located in  the  counties  comprising
such  city for proceedings under article seven shall be consolidated and
filed in a central  office  for  use  by  the  family  court  and  local
probation service in each such county. After consultation with the state
administrative  judge,  THE  COMMISSIONER  OF  THE  DIVISION OF CRIMINAL
JUSTICE SERVICES, IN CONSULTATION  WITH  the  [state]  director  of  THE
OFFICE  OF  probation  and  correctional  alternatives shall specify the
information to be contained in such index and the organization  of  such
consolidated file.
  S  61.  Paragraph  (b)  of subdivision 4 of section 34-a of the social
services law, as added by section 18 of part E of chapter 57 of the laws
of 2005, is amended to read as follows:
  (b) The commissioner of the office of  children  and  family  services
shall review and approve or disapprove the diversion services portion of
the  plan  jointly  with  the  director  of  THE OFFICE OF probation and
correctional alternatives or any other successor agency or  entity.  The
requirements  for  the  portion  of  the  plan  and report regarding the
provision of diversion services shall  be  jointly  established  by  the
commissioner  of  the  office  of  children  and family services and the

S. 6606--B                         25                         A. 9706--C

director of THE OFFICE OF probation and correctional alternatives or any
other successor agency or entity.   The  multi-year  services  plan  and
where  appropriate the annual implementation reports shall be based upon
a  written  understanding between the local social services district and
the probation department which outlines the cooperative procedures to be
followed by  both  parties  regarding  diversion  services  pursuant  to
section  seven  hundred  thirty-five of the family court act, consistent
with their respective obligations as otherwise required by law.
  S 62. Subdivision 1 of section 483 of  the  social  services  law,  as
added  by  section  2  of  part F2 of chapter 62 of the laws of 2003, is
amended to read as follows:
  1. There shall be a council on children and families established with-
in the office of children and family services consisting of the  follow-
ing members: the state commissioner of children and family services, the
commissioner of temporary and disability assistance, the commissioner of
mental  health, the commissioner of mental retardation and developmental
disabilities, the commissioner of the office of alcoholism and substance
abuse services, the commissioner of education, the [state]  director  of
THE  OFFICE OF probation and correctional alternatives, the commissioner
of  health,  the  commissioner  of  the  division  of  criminal  justice
services, the state advocate for persons with disabilities, the director
of the office for the aging, the commissioner of labor, and the chair of
the  commission on quality of care for the mentally disabled. The gover-
nor shall designate the chair of the council  and  the  chief  executive
officer (CEO).
  S  63.  Subparagraph  (i) of paragraph (a) of subdivision 3 of section
483-c of the social services law, as added by section 2 of  part  F2  of
chapter 62 of the laws of 2003, is amended to read as follows:
  (i)  State  tier  III  team.  There is hereby established a state team
designated as the "tier III team", which shall consist of the  chair  of
the  council,  the commissioners of children and family services, mental
health, health, education, alcohol and  substance  abuse  services,  and
mental  retardation  and developmental disabilities, and the director of
THE OFFICE OF probation and correctional alternatives, or  their  desig-
nated  representatives, and representatives of families of children with
emotional and/or behavioral  disorders.  Other  representatives  may  be
added at the discretion of such team.
  S  64.  Subdivision 3 of section 702 of the correction law, as amended
by chapter 134 of the laws of 1985, is amended to read as follows:
  3. Where a certificate of relief from disabilities is  not  issued  at
the  time sentence is pronounced it shall only be issued thereafter upon
verified application to the court. The court may,  for  the  purpose  of
determining  whether  such  certificate  shall  be  issued,  request its
probation service to conduct an investigation of the  applicant,  or  if
the  court has no probation service it may request the probation service
of the county court for the county in which  the  court  is  located  to
conduct  such  investigation[,  or if there be no such probation service
the court may request the state director of probation  and  correctional
alternatives  to  arrange for such investigation]. Any probation officer
requested to make  an  investigation  pursuant  to  this  section  shall
prepare and submit to the court a written report in accordance with such
request.
  S 65. Subdivision 4 of section 995-c of the executive law, as added by
chapter 737 of the laws of 1994, is amended to read as follows:
  4.  The  commissioner of the division of criminal justice services, in
consultation with the commission, the commissioner of health, the [divi-

S. 6606--B                         26                         A. 9706--C

sions] DIVISION of parole [and], THE DIRECTOR OF THE OFFICE of probation
and  correctional  alternatives  and  the  department  of   correctional
services,  shall  promulgate  rules and regulations governing the proce-
dures  for  notifying  designated  offenders of the requirements of this
section.
  S 66. Paragraph (c) of subdivision 1 of section 169 of  the  executive
law,  as  amended by chapter 634 of the laws of 1998, is amended to read
as follows:
  (c) commissioner of agriculture and markets, commissioner of  alcohol-
ism  and  substance  abuse  services, adjutant general, commissioner and
president of state civil service commission,  commissioner  of  economic
development,  chair  of  the  energy research and development authority,
executive director of the board of real property services, president  of
higher  education  services corporation, commissioner of motor vehicles,
member-chair of board of parole, [director of probation and correctional
alternatives,] chair of public employment relations board, secretary  of
state,  chair  of  the  state racing and wagering board, commissioner of
alcoholism and substance abuse services, executive director of the hous-
ing finance agency, commissioner of housing and community renewal, exec-
utive director of state  insurance  fund,  commissioner-chair  of  state
liquor authority, chair of the workers' compensation board;
  S  67. Subdivision 1 of section 221-a of the executive law, as amended
by chapter 107 of the laws of 2004, is amended to read as follows:
  1. The superintendent, in consultation with the division  of  criminal
justice  services,  office  of  court  administration,  [the division of
probation and correctional  alternatives,]  the  state  office  for  the
prevention of domestic violence and the division for women, shall devel-
op  a  comprehensive  plan  for  the  establishment and maintenance of a
statewide computerized registry  of  all  orders  of  protection  issued
pursuant  to articles four, five, six and eight of the family court act,
section 530.12 of the  criminal  procedure  law  and,  insofar  as  they
involve  victims of domestic violence as defined by section four hundred
fifty-nine-a of the social services law, section 530.13 of the  criminal
procedure  law  and sections two hundred forty and two hundred fifty-two
of the domestic relations law, and orders of protection issued by courts
of competent jurisdiction in another state, territorial or tribal juris-
diction, special orders of conditions issued  pursuant  to  subparagraph
(i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the
criminal  procedure  law  insofar as they involve a victim or victims of
domestic violence as defined by subdivision one of section four  hundred
fifty-nine-a  of  the  social  services  law  or a designated witness or
witnesses to such domestic violence, and all warrants issued pursuant to
sections one hundred fifty-three and eight hundred twenty-seven  of  the
family  court  act, and arrest and bench warrants as defined in subdivi-
sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi-
nal procedure law,  insofar  as  such  warrants  pertain  to  orders  of
protection  or  temporary  orders of protection; provided, however, that
warrants issued pursuant to section one hundred fifty-three of the fami-
ly court act pertaining to articles three, seven and ten of such act and
section 530.13 of the criminal procedure law shall not  be  included  in
the  registry.  The  superintendent  shall  establish  and maintain such
registry for the purposes of ascertaining the  existence  of  orders  of
protection,  temporary orders of protection, warrants and special orders
of conditions, and for enforcing the  provisions  of  paragraph  (b)  of
subdivision four of section 140.10 of the criminal procedure law.

S. 6606--B                         27                         A. 9706--C

  S 68. Section 354-a of the executive law, as amended by chapter 355 of
the laws of 2004, is amended to read as follows:
  S 354-a. Information  on  status  of  veterans  receiving  assistance.
Departments, divisions, bureaus, boards, commissions and agencies of the
state and political  subdivisions  thereof,  which  provide  assistance,
treatment,  counseling,  care,  supervision  or custody in service areas
involving health, mental health, family services,  criminal  justice  or
employment,  including  but  not limited to the office of alcoholism and
substance abuse services, office of mental health, [division] OFFICE  of
probation  and  correctional alternatives, office of children and family
services, office of temporary and disability assistance,  department  of
health,  department  of labor, local workforce investment boards, office
of mental retardation  and  developmental  disabilities,  department  of
correctional  services  and  division  of parole, shall request assisted
persons to provide information with regard to their veteran  status  and
military  experiences.  Individuals  identifying  themselves as veterans
shall be advised that the division of veterans' affairs and local veter-
ans' service agencies established  pursuant  to  section  three  hundred
fifty-seven  of  this  article  provide assistance to veterans regarding
benefits under federal and state  law.  Information  regarding  veterans
status  and  military  service  provided  by  assisted persons solely to
implement this section  shall  be  protected  as  personal  confidential
information  under  article  six-A  of  the  public officers law against
disclosure of confidential material, and used  only  to  assist  in  the
diagnosis,  treatment, assessment and handling of the veteran's problems
within the agency requesting  such  information  and  in  referring  the
veteran to the division of veterans' affairs for information and assist-
ance  with  regard  to benefits and entitlements under federal and state
law.
  S 69. Paragraph (b) of subdivision 4 of section 575 of  the  executive
law,  as  amended by chapter 255 of the laws of 2008, is amended to read
as follows:
  (b) The advisory council shall consist of nine  members  and  fourteen
ex-officio  members.  Each member shall be appointed to serve for a term
of three years and shall continue in office until a successor  appointed
member  is made. A member appointed to fill a vacancy shall be appointed
for the unexpired term of the member he or she is to succeed. All of the
members shall be individuals with expertise  in  the  area  of  domestic
violence.  Three members shall be appointed by the governor, two members
shall be appointed upon the recommendation of the temporary president of
the senate, two members shall be appointed upon  the  recommendation  of
the  speaker  of  the  assembly,  one member shall be appointed upon the
recommendation of the minority leader of  the  senate,  and  one  member
shall be appointed upon the recommendation of the minority leader of the
assembly.  The ex-officio members of the advisory board shall consist of
one representative from the staff of each of the following state depart-
ments and  divisions:  office  of  temporary  and  disability  services;
department  of  health;  education  department; office of mental health;
division of alcoholism and alcohol abuse; division of  criminal  justice
services;  [division] OFFICE of probation and correctional alternatives;
office of children and family services; crime victims board;  office  of
court  administration;  department of labor; state office for the aging;
department of correctional services; and the division of parole.
  S 70. Paragraphs (a) and (b) of subdivision 5 of section  576  of  the
executive  law,  as added by chapter 463 of the laws of 1992, is amended
to read as follows:

S. 6606--B                         28                         A. 9706--C

  (a) The office shall, in conjunction with  the  [division]  OFFICE  of
probation  and  correctional  alternatives,  provide  or  arrange  to be
provided technical assistance and training as requested or necessary  to
programs  approved  pursuant to this act to develop appropriate services
and  train  staff,  improve  coordination  with  the  domestic  violence
program,  other  appropriate  support  services,  the  criminal  justice
system,  including the judiciary, the police, the district attorney, and
other appropriate officials and services.
  (b) The office shall, in conjunction with  the  [division]  OFFICE  of
probation and correctional alternatives, provide any requested or neces-
sary  assistance  to  local  departments  of  probation to assist in the
development of local plans, policies and procedures for  case  referral,
coordination,  and  monitoring  of clients with appropriate agencies and
persons.
  S 71. Paragraph (a) of subdivision 20 of section 623 of the  executive
law,  as  amended by chapter 418 of the laws of 1986, is amended to read
as follows:
  (a)  Information  transmitted  by  the  [state  division]  OFFICE   of
probation  and  correctional  alternatives  under  subdivision  five  of
section 390.30 of the criminal procedure law and  subdivision  seven  of
section  351.1  of  the  family court act which the board shall compile,
review and make recommendations on how to promote the use of restitution
and encourage its enforcement.
  S 72. This act shall take effect immediately; provided, however, that:
  (a) the amendments to paragraphs a, b, e and i  of  subdivision  1  of
section  261  of  the executive law made by section twenty-seven of this
act shall not affect the repeal of such  section  and  shall  be  deemed
repealed therewith;
  (b)  the amendments to sections 262, 263, 264, 265, 266 and 267 of the
executive law made by sections twenty-eight, twenty-nine, thirty,  thir-
ty-one,  thirty-two  and  thirty-three of this act, shall not affect the
repeal of such sections and shall be deemed repealed therewith;
  (c) the amendments to the opening paragraph of paragraph (b) of subdi-
vision 6 of section 1198 of the vehicle and traffic law made by  section
forty-one  of  this  act shall not affect the repeal of such section and
shall be deemed repealed therewith;
  (d) the amendments to section 252-a of the family court  act  made  by
section  fifty-three of this act shall not affect the expiration of such
section and shall be deemed to expire therewith; and
  (e) the amendments to subdivision 5 of section 257-c of the  executive
law made by section fifty-eight of this act shall not affect the expira-
tion of such section and shall be deemed expired therewith.

                                PART A-1

  Section 1. Subdivision 1 of section 643 of the executive law, as added
by chapter 94 of the laws of 1984, is amended to read as follows:
  1.  As  used  in this section, "crime victim-related agency" means any
agency of state government which provides services to or deals  directly
with  crime  victims,  including (a) the [department of social services]
OFFICE OF CHILDREN AND FAMILY SERVICES, the office [of] FOR  the  aging,
the  division of veterans affairs, the division of probation AND CORREC-
TIONAL ALTERNATIVES, the division of parole, the [crime  victims  board]
OFFICE  OF VICTIM SERVICES, the department of motor vehicles, the office
of vocational  rehabilitation,  the  workers'  compensation  board,  the
department  of  health,  the  division of criminal justice services, the

S. 6606--B                         29                         A. 9706--C

office of mental health, every transportation authority and the division
of state police, and (b) any other agency so designated by the  governor
within ninety days of the effective date of this section.
  S  2.  Subdivision  8  of  section  92  of the public officers law, as
amended by chapter 336 of the laws  of  1992,  is  amended  to  read  as
follows:
  (8)  Public  safety  agency  record.  The  term  "public safety agency
record" means a record of the commission of  correction,  the  temporary
state  commission  of  investigation,  the  department  of  correctional
services, the  [division  for  youth]  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES,  the  division  of parole, the [crime victims board] OFFICE OF
VICTIM SERVICES, the division of probation and correctional alternatives
or the division of state police or of any agency  or  component  thereof
whose  primary function is the enforcement of civil or criminal statutes
if such record pertains to investigation, law  enforcement,  confinement
of persons in correctional facilities or supervision of persons pursuant
to criminal conviction or court order, and any records maintained by the
division of criminal justice services pursuant to sections eight hundred
thirty-seven,  eight  hundred  thirty-seven-a, eight hundred thirty-sev-
en-b, eight hundred thirty-seven-c, eight  hundred  thirty-eight,  eight
hundred  thirty-nine, eight hundred forty-five, and eight hundred forty-
five-a of the executive law and by the department of state  pursuant  to
section ninety-nine of the executive law.
  S  3. Subdivision 7 of section 351.1 of the family court act, as added
by chapter 418 of the laws of 1986, is amended to read as follows:
  7. The probation services  which  prepare  the  investigation  reports
shall  be  responsible  for the collection and transmission to the state
division of probation and correctional  alternatives,  of  data  on  the
number  of victim impact statements prepared, pursuant to regulations of
the division.   Such information shall  be  transmitted  to  the  [crime
victims  board]  OFFICE OF VICTIM SERVICES and included in the [board's]
OFFICE'S annual report pursuant to subdivision  twenty  of  section  six
hundred twenty-three of the executive law.
  S  4.  Paragraph  (b) of subdivision 4 of section 575 of the executive
law, as amended by chapter 255 of the laws of 2008, is amended  to  read
as follows:
  (b)  The  advisory  council shall consist of nine members and fourteen
ex-officio members. Each member shall be appointed to serve for  a  term
of  three years and shall continue in office until a successor appointed
member is made. A member appointed to fill a vacancy shall be  appointed
for the unexpired term of the member he or she is to succeed. All of the
members  shall  be  individuals  with  expertise in the area of domestic
violence. Three members shall be appointed by the governor, two  members
shall be appointed upon the recommendation of the temporary president of
the  senate,  two  members shall be appointed upon the recommendation of
the speaker of the assembly, one member  shall  be  appointed  upon  the
recommendation  of  the  minority  leader  of the senate, and one member
shall be appointed upon the recommendation of the minority leader of the
assembly. The ex-officio members of the advisory board shall consist  of
one representative from the staff of each of the following state depart-
ments  and  divisions:    office  of  temporary and disability services;
department of health; education department;  office  of  mental  health;
[division]  OFFICE of alcoholism and [alcohol] SUBSTANCE abuse SERVICES;
division of criminal justice services; division of probation and correc-
tional alternatives; office of  children  and  family  services;  [crime
victims  board]  OFFICE  OF  VICTIM  SERVICES;  office of court adminis-

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tration; department of labor; state office for the aging; department  of
correctional services; and the division of parole.
  S  5. Subdivision (a) of section 483-ee of the social services law, as
added by chapter 74 of the laws of 2007, is amended to read as follows:
  (a) There is established an interagency task force on  trafficking  in
persons,  which  shall  consist of the following members or their desig-
nees: (1) the commissioner of the division of criminal justice services;
(2) the commissioner of the office of temporary and  disability  assist-
ance; (3) the commissioner of health; (4) the commissioner of the office
of mental health; (5) the commissioner of labor; (6) the commissioner of
the  office of children and family services; (7) the commissioner of the
office of alcoholism and substance abuse services; (8) the [chairperson]
DIRECTOR of the [crime victims board] OFFICE OF VICTIM SERVICES; (9) the
executive  director  of  the  office  for  the  prevention  of  domestic
violence;  and  (10) the superintendent of the division of state police;
and others as may be necessary to carry out the duties and  responsibil-
ities  under  this  section.  The  task  force will be co-chaired by the
commissioners of the division  of  criminal  justice  services  and  the
office  of  temporary and disability assistance, or their designees.  It
shall meet as often as is  necessary  and  under  circumstances  as  are
appropriate to fulfilling its duties under this section.
  S  6. Subdivision 1 of section 621 of the executive law, as amended by
chapter 17 of the laws of 1982, is amended to read as follows:
  1. ["Board" shall mean the crime victims board]  "OFFICE"  SHALL  MEAN
THE OFFICE OF VICTIM SERVICES.
  S  7.   Section 622 of the executive law is REPEALED and a new section
622 is added to read as follows:
  S 622. OFFICE OF VICTIM SERVICES. THERE IS HEREBY CREATED IN THE EXEC-
UTIVE DEPARTMENT THE OFFICE OF  VICTIM  SERVICES,  HEREINAFTER  IN  THIS
ARTICLE  REFERRED  TO  AS  THE "OFFICE". THE OFFICE SHALL BE HEADED BY A
DIRECTOR, WHO SHALL BE APPOINTED BY THE GOVERNOR FOR  A  TERM  OF  THREE
YEARS.  THE  DIRECTOR  SHALL COORDINATE AND RECOMMEND POLICY RELATING TO
THE PROVISION OF SERVICES TO CRIME VICTIMS. THE DIRECTOR  SHALL  APPOINT
STAFF AND PERFORM SUCH OTHER FUNCTIONS TO ENSURE THE EFFICIENT OPERATION
OF  THE  OFFICE  WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR BY APPROPRI-
ATION.
  S 8.  Section 623 of the executive law, as added by chapter 894 of the
laws of 1966, subdivisions 3, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19,  20
and  21  as  added by chapter 688 of the laws of 1985, subdivision 18 as
amended by chapter 74 of the laws of 1986, paragraph (a) of  subdivision
20  as  amended by chapter 418 of the laws of 1986 and subdivision 22 as
added by chapter 346 of the laws of 1986, is amended to read as follows:
  S 623. Powers and duties of the [board] OFFICE.   The  [board]  OFFICE
shall have the following powers and duties:
  1. To establish and maintain a principal office and such other offices
within the state as it may deem necessary.
  2.  To  appoint  a secretary, counsel, clerks and such other employees
and agents as it may deem necessary, fix their compensation  within  the
limitations provided by law, and prescribe their duties.
  3.  To  adopt,  promulgate, amend and rescind suitable rules and regu-
lations to carry out  the  provisions  and  purposes  of  this  article,
including  RULES FOR THE DETERMINATION OF CLAIMS, rules for the approval
of attorneys' fees for representation before the [board]  OFFICE  and/or
before  the  appellate  division upon judicial review as provided for in
section six hundred twenty-nine of  this  article,  and  rules  for  the

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authorization  of  qualified persons to assist claimants in the prepara-
tion of claims for presentation to the [board or board members] OFFICE.
  4.    To  request  from  the  division of state police, from county or
municipal police departments and agencies and from any  other  state  or
municipal  department  or  agency, or public authority, and the same are
hereby authorized to provide, such assistance and data  as  will  enable
the [board] OFFICE to carry out its functions and duties.
  5.  To hear and determine all claims for awards filed with the [board]
OFFICE pursuant to this article, and to reinvestigate or reopen cases as
[the board deems] necessary.
  6.  To direct medical examination of victims.
  7.    To  hold hearings, administer oaths or affirmations, examine any
person under oath or affirmation and to issue  subpoenas  requiring  the
attendance  and  giving  of  testimony  of  witnesses  and  require  the
production of any books, papers,  documentary  or  other  evidence.  The
powers  provided  in  this  subdivision  may be delegated by the [board]
DIRECTOR to any member or employee [thereof] OF THE OFFICE.  A  subpoena
issued  under  this subdivision shall be regulated by the civil practice
law and rules.
  8.  To take or cause to be taken affidavits or depositions  within  or
without the state.
  9.  To establish and maintain a special investigative unit to expedite
processing  of  claims  by  senior  citizens and special emergency situ-
ations, and to promote the establishment of a volunteer program of  home
visitation to elderly and invalid victims of violent crime.
  10.  To advise and assist the governor in developing policies designed
to  recognize  the  legitimate  rights,  needs  and  interests  of crime
victims.
  11.  To coordinate state programs and  activities  relating  to  crime
victims.
  12.   To cooperate with and assist political subdivisions of the state
and not-for-profit organizations in the development  of  local  programs
for crime victims.
  13.    To  study  the operation of laws and procedures affecting crime
victims and recommend to  the  governor  AND  LEGISLATURE  proposals  to
improve the administration and effectiveness of such laws.
  14. To establish an advisory council to assist in formulation of poli-
cies  on the problems of crime victims AND TO PROVIDE RECOMMENDATIONS TO
THE DIRECTOR TO IMPROVE THE DELIVERY  OF  SERVICES  TO  VICTIMS  BY  THE
OFFICE.
  15.    To [advocate] WORK WITH NATIONAL ASSOCIATIONS, STATEWIDE COALI-
TIONS, REGIONAL COALITIONS, VICTIM SERVICE PROVIDERS,  AND  OTHER  ADVO-
CATES  TO  ADDRESS AND ADVANCE the rights and interests of crime victims
of the state [before federal, state and local administrative,  regulato-
ry, legislative, judicial and criminal justice agencies].
  16.    To promote and conduct studies, research, analyses and investi-
gations of matters affecting the interests of crime victims.
  17.   To [sponsor  conferences  relating  to  the  problems  of  crime
victims]  COORDINATE  TRAINING  OPPORTUNITIES FOR CRIME VICTIM ADVOCATES
AND SERVICE PROVIDERS.
  18.  To serve as a clearinghouse for  information  relating  to  crime
victims' problems and programs.
  19.    To  accept,  with the approval of the governor, as agent of the
state, any grant including federal grants, or any gift for the  purposes
of  this  article. Any monies so received may be expended by the [board]

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OFFICE to effectuate any purpose of this article, subject to the  appli-
cable provisions of the state finance law.
  20.  To render each year to the governor and to the legislature, on or
before  December  first  of each year, a written report on the [board's]
OFFICE'S activities including, but not limited to, specific  information
on each of the subdivisions of this section, and the manner in which the
rights,  needs and interests of crime victims are being addressed by the
state's criminal justice system. Such report shall also include, but not
be limited to:
  (a) Information transmitted by the state  division  of  probation  and
correctional  alternatives  under  subdivision five of section 390.30 of
the criminal procedure law and subdivision seven of section 351.1 of the
family court act which the [board] OFFICE shall compile, review and make
recommendations on how to promote the use of restitution  and  encourage
its enforcement.
  (b)  Information relating to the implementation of and compliance with
article twenty-three of this chapter by the  criminal  justice  agencies
and the "crime victim-related agencies" of the state.  SUCH REPORT SHALL
ALSO  INCLUDE  BUT  NOT BE LIMITED TO INFORMATION REGARDING CRIME VICTIM
SERVICE PROGRAMS, INCLUDING:
  (1) THE PROGRAMS FUNDED BY THE OFFICE;
  (2) OTHER SOURCES OF FUNDING FOR CRIME VICTIMS SERVICE PROGRAMS;
  (3) AN ASSESSMENT OF THE ADEQUACY OF THE CURRENT  LEVEL  OF  APPROPRI-
ATION  TO  THE  OFFICE  TO  MEET  THE  REASONABLE NEEDS OF CRIME VICTIMS
SERVICE PROGRAMS FOR FUNDING UNDER SECTION SIX HUNDRED  THIRTY-ONE-A  OF
THIS ARTICLE; AND
  (4) AN ESTIMATE OF THE REASONABLE NEEDS OF PROGRAMS IN THE NEXT FISCAL
YEAR.
  21.    To make grants to local crime victim service programs and carry
out related duties under section six hundred thirty-one-a of this  arti-
cle.
  22.    To  delegate  to  specified employees of the [board] OFFICE the
power to disallow claims under circumstances where  regulations  of  the
[board] OFFICE provide for disallowance without prejudice to the reopen-
ing of claims.
  S  9.  Paragraph (i) of subdivision 1 and subdivision 2 of section 624
of the executive law, paragraph (i) of subdivision 1 as amended by chap-
ter 427 of the laws of 1999 and subdivision 2 as amended by chapter  859
of the laws of 1990, are amended to read as follows:
  (i)  a  surviving  spouse  of  a crime victim who died from causes not
directly related to the crime when such victim died prior  to  filing  a
claim  with the [board] OFFICE or subsequent to filing a claim but prior
to the rendering of a decision by the [board] OFFICE. Such  award  shall
be  limited  to  out-of-pocket  loss  incurred as a direct result of the
crime; and
  2. A person who is criminally responsible for the crime upon  which  a
claim  is based or an accomplice of such person shall not be eligible to
receive an award with respect to such claim.  A member of the family  of
a  person  criminally  responsible  for  the crime upon which a claim is
based or a member of the family of an accomplice of such  person,  shall
be  eligible  to  receive an award, unless the [board] OFFICE determines
pursuant to regulations [adopted by the board] PROMULGATED TO CARRY  OUT
THE  PROVISIONS AND PURPOSES OF THIS ARTICLE, that the person criminally
responsible will receive substantial economic benefit or unjust  enrich-
ment  from  the  compensation.  In  such  circumstances the award may be

S. 6606--B                         33                         A. 9706--C

reduced or structured in such way as to remove the substantial  economic
benefit or unjust enrichment to such person or the claim may be denied.
  S 10. Section 625 of the executive law, as added by chapter 894 of the
laws  of  1966,  subdivision  1 as amended by chapter 115 of the laws of
1981, subdivision 2 as amended by chapter 359 of the laws  of  2001  and
subdivision  4 as amended by chapter 726 of the laws of 1969, is amended
to read as follows:
  S 625. Filing of claims. 1. A claim may be filed by a person  eligible
to  receive  an award, as provided in section six hundred twenty-four of
this article, or, if such person is under the age of eighteen years,  an
incompetent,  or  a  conservatee,  by his relative, guardian, committee,
conservator, or attorney.
  2. A claim must be filed by the claimant not later than one year after
the occurrence or discovery of the crime upon which such claim is based,
one year after a court finds a lawsuit to be  frivolous,  or  not  later
than  one  year  after  the death of the victim, provided, however, that
upon good cause shown, the  [board]  OFFICE  may  extend  the  time  for
filing.  The  [board]  OFFICE shall extend the time for filing where the
claimant  received  no  notice   pursuant   to   section   six   hundred
twenty-five-a of this article and had no knowledge of eligibility pursu-
ant to section six hundred twenty-four of this article.
  3. Claims shall be filed [in the office of the secretary of the board]
in  person [or], by mail OR ELECTRONICALLY, IN SUCH MANNER AS THE OFFICE
MAY PRESCRIBE.  The [secretary of the board]  OFFICE  shall  accept  for
filing all claims submitted by persons eligible under subdivision one of
this  section  and alleging the jurisdictional requirements set forth in
this article and meeting the requirements as to form in  the  rules  and
regulations  [of  the board] PROMULGATED TO CARRY OUT THE PROVISIONS AND
PURPOSES OF THIS ARTICLE.
  4. Upon filing of a claim pursuant to this article, the [board] OFFICE
shall promptly notify the district attorney of the  county  wherein  the
crime  is  alleged  to  have  occurred.  If,  within ten days after such
notification, such district attorney advises the [board] OFFICE  that  a
criminal prosecution is pending upon the same alleged crime and requests
that  action by the [board] OFFICE be deferred, the [board] OFFICE shall
defer all proceedings under this article until such time as such  crimi-
nal  prosecution  has  been  concluded and shall so notify such district
attorney and the claimant.  When  such  criminal  prosecution  has  been
concluded,  such  district attorney shall promptly so notify the [board]
OFFICE.   Nothing in this section  shall  limit  the  authority  of  the
[board] OFFICE to grant emergency awards pursuant to section six hundred
thirty of this article.
  S  11.  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]  DIRECTOR  OF  THE  OFFICE  OF VICTIM SERVICES, chairman of human
rights appeal board, chairman of the industrial board of appeals, chair-
man 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  unemployment  insurance
appeal  board,  director  of veterans' affairs, and vice-chairman of the
workers' compensation board;

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  (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 12. Subdivision 4-b of section 257 of the executive law, as added by
chapter 62 of the laws of 2001, is amended to read as follows:
  4-b. It shall be the duty of every probation officer to provide  writ-
ten  notice  to  probationers under the officer's supervision who may be
subject to any requirement to report to the [crime victims board] OFFICE
OF VICTIM SERVICES any funds of a convicted person as defined in section
six hundred thirty-two-a  of  this  chapter,  the  procedures  for  such
reporting and any potential penalty for a failure to comply.
  S  13. Subdivision 6-a of section 259-a of the executive law, as added
by chapter 62 of the laws of 2001, is amended to read as follows:
  6-a. The division shall have the duty to  provide  written  notice  to
persons  who  are  serving  a term of parole, parole supervision, condi-
tional release or post release supervision of any requirement to  report
to  the  [crime  victims board] OFFICE OF VICTIM SERVICES any funds of a
convicted person as  defined  in  section  [six  hundred  thirty-a]  SIX
HUNDRED  THIRTY-TWO-A  of this chapter, the procedure for such reporting
and any potential penalty for a failure to comply.
  S 14. Subdivision 16 of section 259-c of the executive law, as amended
by section 7 of part E of chapter 62 of the laws of 2003 and  as  renum-
bered by chapter 67 of the laws of 2008, is amended to read as follows:
  16.  have  the duty to provide written notice to such inmates prior to
release on presumptive release, parole, parole supervision,  conditional
release  or  post  release supervision or pursuant to subdivision six of
section 410.91 of the criminal  procedure  law  of  any  requirement  to
report  to the [crime victims board] OFFICE OF VICTIM SERVICES any funds
of a convicted person as defined in section six hundred thirty-two-a  of
this chapter, the procedure for such reporting and any potential penalty
for a failure to comply.
  S  15. Subdivision 1 of section 625-a of the executive law, as amended
by chapter 173 of the laws of 2006, is amended to read as follows:
  1. Every police station,  precinct  house,  any  appropriate  location
where a crime may be reported and any location required by the rules and
regulations of the [board] OFFICE shall have available informative book-
lets,  pamphlets  and  other  pertinent  written  information, including
information cards, to be supplied by the [board] OFFICE, relating to the
availability of  crime  victims  compensation  including  all  necessary
application  blanks  required  to  be  filed with the [board] OFFICE and
shall display prominently posters giving notification of  the  existence
and  general  provisions  of this article, those provisions of the penal
law that prohibit the intimidation of crime victims and the location  of
the  nearest  crime victim service program. The [board] OFFICE may issue
guidelines for the location of such display and shall  provide  posters,
application  forms,  information  cards  and  general information. Every
victim who reports a crime in  any  manner  whatsoever  shall  be  given
notice  about the rights of crime victims and the existence of all rele-
vant local victim's assistance programs and services pursuant to section
six hundred twenty-five-b of this article, and supplied  by  the  person
receiving  the report with information, application blanks, and informa-
tion cards which shall clearly state: (a)  that  crime  victims  may  be
eligible  for  state  compensation  benefits;  (b) the address and phone

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number of the [nearest board]  office;  (c)  that  police  and  district
attorneys  can help protect victims against harassment and intimidation;
(d) the addresses and phone numbers of local  victim  service  programs,
where  appropriate,  or space for inserting that information; or (e) any
other information the [board] OFFICE deems appropriate. Such cards shall
be designed by the [board] OFFICE in consultation with local police, and
shall be printed and distributed by the  [board]  OFFICE.    The  [crime
victims  board]  OFFICE shall develop a system for distributing a suffi-
cient supply of the information cards referred to in  this  subdivision,
to all the appropriate designated locations, which shall include a sche-
dule for meeting that requirement.
  S  16.  Section 625-b of the executive law, as added by chapter 173 of
the laws of 2006, is amended to read as follows:
  S 625-b. Standardized victim notification and verification  procedures
for  police  officers.  1.  The commissioner of the division of criminal
justice services in cooperation with the [crime  victims  board]  OFFICE
shall  develop  and  implement  a  standardized  procedure to be used by
police officers, county sheriffs' departments and state police  officers
whereby  victims of crime are notified about the rights of crime victims
and the existence of programs designed to assist crime victims.
  2.  In  establishing  a  victims  assistance  notification  procedure,
consideration  shall  be  given  to  (a)  developing a uniform method of
informing victims of crime of their rights and services  available,  (b)
including notification as part of a routine task performed in the course
of  law  enforcement  duties,  and (c) documenting a victim's receipt of
such notice.
  3. All state or municipal printed forms for a police primary  investi-
gation  report  shall include a space to indicate that the victim did or
did not receive information on victim's rights,  [crime  victims  board]
OFFICE  OF  VICTIM  SERVICES  assistance  and  relevant local assistance
pursuant to subdivision one of section six hundred twenty-five-a of this
article.
  S 17. Subdivisions 1 and 2 of section 626 of the executive law, subdi-
vision 1 as amended by chapter 408 of the laws of 2005 and subdivision 2
as amended by chapter 276 of the laws of 1998, are amended  to  read  as
follows:
  1.  Out-of-pocket  loss  shall  mean  unreimbursed  and unreimbursable
expenses or indebtedness reasonably incurred for medical care  or  other
services  necessary  as  a result of the injury upon which such claim is
based, including such expenses incurred as a result of the  exacerbation
of  a  pre-existing  disability or condition directly resulting from the
crime or causally related to the crime. Such  expenses  or  indebtedness
shall  include the cost of counseling for the eligible spouse, grandpar-
ents, parents, stepparents, guardians, brothers, sisters,  stepbrothers,
stepsisters,  children  or  stepchildren of a homicide victim, and crime
victims who have sustained a personal  physical  injury  as  the  direct
result of a crime and the spouse, children or stepchildren of such phys-
ically  injured victim. For the purposes of this subdivision, the victim
of a sex offense as defined in article one hundred thirty of  the  penal
law is presumed to have suffered physical injury. Such counseling may be
provided  by  local  victim  service programs, where available. It shall
also include the cost of residing at or utilizing services  provided  by
shelters  for battered spouses and children who are eligible pursuant to
subdivision two of section six hundred twenty-four of this article,  and
the  cost  of  reasonable  attorneys' fees for representation before the

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[board] OFFICE and/or before the appellate division upon judicial review
not to exceed one thousand dollars.
  2.  Out-of-pocket loss shall also include the cost of counseling for a
child victim and the parent, stepparent, grandparent, guardian, brother,
sister, stepbrother or stepsister of  such  victim,  pursuant  to  regu-
lations  [of  the  board]  PROMULGATED  TO  CARRY OUT THE PROVISIONS AND
PURPOSES OF THIS ARTICLE.
  S 18. Section 627 of the executive law is REPEALED and a  new  section
627 is added to read as follows:
  S  627.  DETERMINATION OF CLAIMS. 1. THE OFFICE SHALL DETERMINE CLAIMS
IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED  BY  THE  DIRECTOR.
SUCH RULES AND REGULATIONS MUST PROVIDE FOR:
  (A)  WRITTEN  NOTIFICATION  TO  AN  APPLYING  VICTIM OF THEIR RIGHT TO
REPRESENTATION BY COUNSEL, AS WELL AS THEIR POTENTIAL ELIGIBILITY FOR AN
AWARD OF ATTORNEY'S FEES PURSUANT TO  SUBDIVISION  ONE  OF  SECTION  SIX
HUNDRED TWENTY-SIX OF THIS ARTICLE;
  (B)  ADMINISTRATIVE  PROCEDURES REGARDING THE INTAKE AND INITIAL PROC-
ESSING OF CLAIMS, INCLUDING MANDATORY TIMELINES FOR  THE  INITIATION  OF
INVESTIGATION OF A PROPERLY FILED CLAIM;
  (C) THE INVESTIGATION AND DETERMINATION OF CLAIMS REGARDLESS OF WHETH-
ER  THE  ALLEGED  CRIMINAL  HAS  BEEN  APPREHENDED  OR PROSECUTED FOR OR
CONVICTED OF ANY CRIME BASED UPON THE SAME INCIDENT, OR HAS BEEN ACQUIT-
TED, OR FOUND NOT GUILTY OF THE CRIME  IN  QUESTION  OWING  TO  CRIMINAL
IRRESPONSIBILITY OR OTHER LEGAL EXEMPTION;
  (D)  THE  REBUTTABLE  PRESUMPTION  THAT A CHILD REPORTED MISSING FOR A
TIME PERIOD EXCEEDING SEVEN DAYS IS A VICTIM OF A CRIME;
  (E) THE GENERATION OF A  WRITTEN  DECISION  FOR  EACH  PROPERLY  FILED
CLAIM,  AND  WRITTEN  NOTICE TO THE CLAIMANT OF THE WRITTEN DECISION AND
THEIR RIGHT TO A COPY OF SUCH A DECISION,  AS  WELL  AS  ANY  RIGHTS  TO
APPEAL  THAT  THE CLAIMANT MAY HAVE OF THE DECISION AND A PROJECTED DATE
OF PAYMENT IN THE CASE OF AN AWARD TO THE CLAIMANT;
  (F) EXPEDITED DETERMINATION OF CLAIMS WITH RESPECT TO A LIVERY  OPERA-
TOR WITHIN THIRTY DAYS OF THE DATE UPON WHICH THE CLAIM WAS ACCEPTED FOR
FILING,  AS  WELL AS STANDARDS FOR AWARDS OF LOSS OF EARNINGS OR SUPPORT
GRANTED PURSUANT TO RULES AND REGULATIONS PROMULGATED IN ACCORDANCE WITH
THE PROVISIONS OF THIS SUBDIVISION AND SUBDIVISION THREE OF SECTION  SIX
HUNDRED  THIRTY-ONE  OF  THIS  ARTICLE.  EACH AWARD FOR LOSS OF EARNINGS
PURSUANT TO RULES AND REGULATIONS PROMULGATED IN  ACCORDANCE  WITH  THIS
SUBDIVISION  MADE  WITH  RESPECT  TO A CLAIM INVOLVING A LIVERY OPERATOR
ASSAULT VICTIM SHALL BE FOR SUCH PERIOD OF TIME AS THE OFFICE DETERMINES
THAT THE LIVERY OPERATOR ASSAULT VICTIM IS UNABLE TO WORK AND  HAS  LOST
EARNINGS  AS A RESULT OF SUCH ASSAULT, IN AN AMOUNT NOT TO EXCEED TWENTY
THOUSAND DOLLARS. SUCH AWARD SHALL BE DISTRIBUTED IN INCREMENTS OF  FIVE
HUNDRED  DOLLARS  PER  WEEK.  EACH AWARD FOR LOSS OF SUPPORT PURSUANT TO
RULES AND REGULATIONS PROMULGATED IN ACCORDANCE  WITH  THIS  SUBDIVISION
MADE WITH RESPECT TO A CLAIM INVOLVING A LIVERY OPERATOR HOMICIDE VICTIM
SHALL BE IN THE AMOUNT OF TWENTY THOUSAND DOLLARS, DISTRIBUTED IN INCRE-
MENTS OF FIVE HUNDRED DOLLARS PER WEEK; AND
  (G)  PROVISIONS FOR ANY CLAIMANT TO SUBMIT AN ADDITIONAL CLAIM FOR ANY
LOSS OF EARNINGS OR SUPPORT IN EXCESS OF THE AMOUNT AWARDED PURSUANT  TO
RULES  AND REGULATIONS IN ACCORDANCE WITH PARAGRAPH (F) OF THIS SUBDIVI-
SION, OR AN ADDITIONAL CLAIM FOR ANY OTHER AWARD PURSUANT TO  RULES  AND
REGULATIONS  PROMULGATED  IN  ACCORDANCE WITH THIS ARTICLE, IN EACH CASE
PURSUANT TO AND IN ACCORDANCE WITH THE OTHER PROVISIONS OF THIS  ARTICLE
OR  ANY  RULES  AND  REGULATIONS  PROMULGATED  IN ACCORDANCE THEREOF AND

S. 6606--B                         37                         A. 9706--C

SUBJECT TO ANY APPLICABLE MAXIMUM AWARD LIMITATIONS  CONTAINED  IN  THIS
ARTICLE.
  2.  THE CLAIMANT MAY, WITHIN THIRTY DAYS AFTER RECEIPT OF THE DECISION
OF THE OFFICE REGARDING A CLAIM, MAKE AN APPLICATION IN WRITING  TO  THE
DIRECTOR OF THE OFFICE FOR RECONSIDERATION OF SUCH DECISION.  THE DIREC-
TOR, OR HIS OR HER DESIGNEE, SHALL CONSIDER SUCH APPLICATIONS IN ACCORD-
ANCE  WITH  RULES  AND  REGULATIONS  PROMULGATED BY THE DIRECTOR AND MAY
AFFIRM OR MODIFY THE DECISION.  THE DECISION OF THE DIRECTOR, OR HIS  OR
HER DESIGNEE, SHALL BECOME THE FINAL DETERMINATION OF THE OFFICE REGARD-
ING THE CLAIM.
  S 19. Section 628 of the executive law is REPEALED.
  S 20. Section 629 of the executive law, as added by chapter 894 of the
laws  of  1966,  subdivision  1 as amended by chapter 688 of the laws of
1985, is amended to read as follows:
  S 629. Judicial review. 1. Within fifteen days after  receipt  of  the
copy  of the report containing the final decision of the [board] OFFICE,
the comptroller shall, if in his judgment the award is illegal or exces-
sive, notify the [board] OFFICE of his conclusion, state the reasons for
that conclusion, and provide specific recommendations for  modification.
Upon  receiving such notification, the [board] OFFICE shall have fifteen
days within which to review and either modify or re-affirm its award. If
after such modification or reaffirmation the  comptroller  continues  to
adjudge the award to be illegal or excessive, he may within fifteen days
after receipt of such modification or reaffirmation, commence a proceed-
ing in the appellate division of the supreme court, third department, to
review  the  decision  of the [board] OFFICE.   Such proceeding shall be
heard in a summary manner and shall have precedence over all other civil
cases in such court. Any claimant aggrieved by a final decision  of  the
[board]  OFFICE may commence a proceeding to review that decision pursu-
ant to article seventy-eight of the civil practice law and rules.
  2. Any such proceeding shall be commenced [by the  service  of  notice
thereof upon the claimant and the board in person or by mail] IN ACCORD-
ANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S  21.  Section 630 of the executive law, as amended by chapter 346 of
the laws of 1986, subdivision 1 as amended by chapter 318 of the laws of
2007, is amended to read as follows:
  S 630. Emergency awards. 1. Notwithstanding the provisions of  section
six  hundred  twenty-seven  of this article, if it appears to the [board
member to whom a claim is assigned] OFFICE, that such claim is one  with
respect to which an award probably will be made, and undue hardship will
result  to  the  claimant  if immediate payment is not made, [such board
member] THE OFFICE may make one or more emergency awards to the claimant
pending a final decision of the [board] OFFICE or payment of an award in
the case, provided, however, that the total  amount  of  such  emergency
awards  shall not exceed twenty-five hundred dollars. The amount of such
emergency awards shall be deducted from any  final  award  made  to  the
claimant,  and the excess of the amount of any such emergency award over
the amount of the final award, or  the  full  amount  of  any  emergency
awards if no final award is made, shall be repaid by the claimant to the
[board] OFFICE.
  2.  Notwithstanding the provisions of section six hundred twenty-seven
of this article, local crime victim service programs shall be authorized
to provide emergency awards to  crime  victims  for  essential  personal
property,  medical  treatment,  shelter  costs, security services, coun-
seling and transportation the total amount of such emergency awards  not
to  exceed  five  hundred dollars. These programs shall be reimbursed by

S. 6606--B                         38                         A. 9706--C

the [board] OFFICE, pursuant to the provisions of this article, if it is
subsequently determined that the victim is an eligible  claimant.  Local
crime  victim  service programs shall be authorized to establish special
accounts  for  this purpose. The [board] OFFICE shall initiate a program
to assist local crime victim service programs  in  establishing  special
accounts to provide emergency awards, within amounts designated for that
purpose.
  S  22.   Subdivisions 1, 1-a, 3, 4, 5, 6, 13, 14, 15 and 16 of section
631 of the executive law, subdivision 1 as amended by chapter 74 of  the
laws  of  2007,  subdivision  1-a as added by chapter 620 of the laws of
1997, subdivisions 3 and 4 as amended by chapter  148  of  the  laws  of
2000, subdivision 5 as amended by chapter 351 of the laws of 1982, para-
graph (c) of subdivision 5 as amended by chapter 74 of the laws of 1986,
paragraph (d) of subdivision 5 as amended by chapter 309  of the laws of
1996,  paragraph  (e)  of subdivision 5 as amended by chapter 763 of the
laws of 1990, subdivision 6 as amended by chapter 810  of  the  laws  of
1983, the opening paragraph of paragraph (a) of subdivision 6 as amended
by  chapter  400 of the laws of 1991, subparagraph 1 of paragraph (b) of
subdivision 6 as amended by chapter 322 of the laws  of  2005,  subpara-
graph  7  of paragraph (b) of subdivision 6 as amended by chapter 309 of
the laws of 1987, subdivision 13 as amended by section 1 of  part  E  of
chapter  56  of the laws of 2009, subdivisions 14, 15 and 16 as added by
chapter 21 of the laws of 2007, are amended to read as follows:
  1. No award shall be made unless the [board or  board  member  as  the
case  may  be,]  OFFICE  finds  that (a) a crime was committed, (b) such
crime directly resulted in personal physical injury to or the  exacerba-
tion of a preexisting disability, or condition, or death of, the victim,
and (c) criminal justice agency records show that such crime was prompt-
ly  reported  to  the proper authorities; and in no case may an award be
made where the criminal justice agency records show that such report was
made more than one week after the occurrence of such  crime  unless  the
[board]  OFFICE,  for  good  cause  shown,  finds the delay to have been
justified; provided, however, in cases involving an alleged sex  offense
as contained in article one hundred thirty of the penal law or incest as
defined  in  section  255.25, 255.26 or 255.27 of the penal law or labor
trafficking as defined in section 135.35 of the penal law or  sex  traf-
ficking  as  defined  in  section  230.34 of the penal law or an offense
chargeable as a family offense as described  in  section  eight  hundred
twelve  of the family court act or section 530.11 of the criminal proce-
dure law, the criminal justice agency report need only be made within  a
reasonable   time  considering  all  the  circumstances,  including  the
victim's physical, emotional and mental condition and family  situation.
For  the  purposes  of this subdivision, "criminal justice agency" shall
include, but not be limited to, a police department, a  district  attor-
ney's  office,  and  any other governmental agency having responsibility
for the enforcement of the criminal laws of the state provided, however,
that in cases involving such sex offense a criminal justice agency shall
also mean a family court, a governmental agency  responsible  for  child
and/or adult protective services pursuant to title six of article six of
the social services law and/or title one of article nine-B of the social
services law, and any medical facility established under the laws of the
state  that provides a forensic physical examination for victims of rape
and sexual assault.
  1-a. No award shall be made for a frivolous lawsuit unless the  [board
or  board  member, as the case may be,] OFFICE finds that the victim has
been awarded costs pursuant to section eighty-three hundred  three-a  of

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the  civil practice law and rules and the individual responsible for the
payment of costs is unable to pay such costs provided, however, that  in
no event shall the amount of such costs exceed two thousand five hundred
dollars.
  3.  Any  award  made  for  loss  of  earnings or support shall, unless
reduced pursuant to other provisions of this article, be  in  an  amount
equal  to  the  actual  loss  sustained, provided, however, that no such
award shall exceed six hundred dollars for each week of lost earnings or
support.  Awards with respect to livery  operator  victims  pursuant  to
[paragraph  (b)]  PARAGRAPHS  (F)  AND  (G)  of subdivision [six] ONE of
section six hundred twenty-seven of this article shall be granted in the
amount and in the manner provided therein. The aggregate award  for  all
such  losses  pursuant  to  this  subdivision, including any awards made
pursuant to [paragraph (b)] PARAGRAPHS (F) AND (G) of subdivision  [six]
ONE  of  section  six  hundred  twenty-seven  of this article, shall not
exceed thirty thousand dollars. If there are two or more  persons  enti-
tled  to  an  award  as  a  result of the death of a person which is the
direct result of a crime, the award shall be apportioned by the  [board]
OFFICE among the claimants.
  4.  Any  award  made  pursuant to this article shall be reduced by the
amount of any payments received or to be received by the claimant  as  a
result  of  the injury (a) from or on behalf of the person who committed
the crime, (b) under insurance programs mandated by law, (c) from public
funds, (d) under any contract of insurance wherein the claimant  is  the
insured  or  beneficiary,  (e) as an emergency award pursuant to section
six hundred thirty of this article. Notwithstanding the foregoing, where
the person injured is a livery operator victim, because  undue  hardship
may  result  to the claimant if immediate payment is not made, any award
pursuant to [paragraph (b)] PARAGRAPHS (F) AND (G) of subdivision  [six]
ONE of section six hundred twenty-seven of this article shall be granted
without  reduction for workers' compensation benefits to be received, if
any.
  5. (a) In determining the amount of an  award,  the  [board  or  board
member,  as the case may be,] OFFICE shall determine whether, because of
his conduct, the victim of such crime contributed to the  infliction  of
his  injury,  and  the  [board  or board member] OFFICE shall reduce the
amount of the award or reject the claim altogether, in  accordance  with
such determination.
  (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
sion, the [board or board member, as the  case  may  be,]  OFFICE  shall
disregard  for this purpose the responsibility of the victim for his own
injury where the record shows that the person injured was  acting  as  a
good samaritan, as defined in this article.
  (c)  Notwithstanding any inconsistent provision of this article, where
the person injured acted as  a  good  samaritan,  the  [board  or  board
member, as the case may be,] OFFICE may, without regard to the financial
difficulty of the claimant, make an award for out-of-pocket losses. Such
award  may also include compensation for any loss of property up to five
thousand dollars suffered by the victim during the course of his actions
as a good samaritan.
  (d) Notwithstanding any inconsistent provision of this article,  where
a person acted as a good samaritan, and was killed as a direct result of
the  crime,  the [board or the board member, as the case may be,] OFFICE
may, without regard to the financial difficulty of the claimant, make  a
lump sum award to such claimant for actual loss of support not to exceed
thirty thousand dollars.

S. 6606--B                         40                         A. 9706--C

  (e)  Notwithstanding any inconsistent provision of this article, where
a police officer or firefighter, both  paid  and  volunteer,  dies  from
injuries received in the line of duty as a direct result of a crime, the
[board  or  the  board  member, as the case may be,] OFFICE may, without
regard  to  the  financial difficulty of the claimant, make an award for
the unreimbursed counseling expenses of the  eligible  spouse,  parents,
brothers,  sisters  or  children  of  such victim, and/or the reasonable
burial expenses incurred by the claimant.
  6. (a) Claims may be approved only if the [board or board  member,  as
the  case  may  be,]  OFFICE  finds  that unless the claimant's award is
approved he will suffer financial difficulty.  However,  no  finding  of
financial  difficulty  is required for a claim for an emergency award or
an award less than  five  thousand  dollars.  In  determining  financial
difficulty,  the [board or board member] OFFICE shall consider all rele-
vant factors, including but not limited to:
  (1) the number of claimant's dependents;
  (2) reasonable living expenses of the claimant and his family;
  (3) any special health, rehabilitative or  educational  needs  of  the
claimant and his dependents;
  (4) the claimant's employment situation including income and potential
earning capacity;
  (5)  the claimant's net financial resources after authorized deduction
as provided in paragraphs (b) and (c) of this subdivision;
  (6) whether  claimant's  financial  resources  will  become  exhausted
during his lifetime; and
  (7)  the  nature  and  the amount of claimant's total debt and liabil-
ities, including the amount of debt incurred or to be  incurred  to  pay
for losses and expenses of the crime, and the extent to which claimant's
essential assets will have to be liquidated.
  (b)  Claimant's  net  financial  resources  do not include the present
value of future earnings, and shall be determined by the [board]  OFFICE
by  deducting  from  his  total  financial  resources  the value, within
reasonable limits, of the following items:
  (1) a homestead, not exceeding five hundred  thousand  dollars,  or  a
total of ten years' rent for a renter;
  (2)  personal  property  consisting  of clothing and strictly personal
effects;
  (3) household furniture, appliances and equipment;
  (4) tools and equipment necessary for the claimant's trade, occupation
or business;
  (5) a family automobile;
  (6) life insurance, except in death claims; and
  (7) retirement, education and  health  plans  or  contributions  to  a
retirement or pension program including but not limited to contributions
to:  (i)  employee  profit  sharing  plans, (ii) employee money purchase
plans, (iii) 401 (k) plans, (iv) simplified employee pensions (SEP), (v)
individual retirement accounts (IRA), (vi)  403  (b)  plans,  (vii)  457
plans,  (viii)  Keogh plans, (self employed), and (ix) any other plan or
account for  which  contributions  are  made  primarily  for  retirement
purposes.
  (c)  The  [board  or board member] OFFICE, after taking into consider-
ation the claimant's financial resources, may exempt that portion of the
victim's or claimant's annual income required to meet reasonable  living
expenses  and the value of inventory or other property necessary for the
claimant's business or occupation or the production of  income  required
to  meet  reasonable  living  expenses.  In no event shall the aggregate

S. 6606--B                         41                         A. 9706--C

value of exemptions under this paragraph  exceed  one  hundred  thousand
dollars.
  (d)  Nothing  contained in this subdivision shall be construed to mean
that the [board] OFFICE  must  maintain  the  same  standard  of  living
enjoyed by the claimant prior to the death or injury.
  (e)  The  [board] DIRECTOR shall [establish] PROMULGATE such rules and
regulations as are necessary for the implementation of this section.
  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] OFFICE directly. The [board]
OFFICE, in consultation 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-ex-
posure prophylaxis costs shall continue to be  reimbursed  according  to
established  [board]  OFFICE procedure. The [board] OFFICE, in consulta-
tion 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] OFFICE in consultation with the department of health. The hospi-
tal, 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] OFFICE.  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]  OFFICE;  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]
OFFICE.  Such sexual assault survivor shall also be advised that provid-
ing 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 the form provided by the hospital, sexual  assault  examiner
program or licensed health care provider, which form shall be prescribed
by the [board] OFFICE.
  14.  Notwithstanding any inconsistent provision of this article, where
a victim dies from injuries received as a direct  result  of  the  World
Trade  Center terrorist attacks on September eleventh, two thousand one,
the [board or the board member, as the case may be,] OFFICE may make  an
award  for  the  unreimbursed and unreimbursable expense or indebtedness

S. 6606--B                         42                         A. 9706--C

reasonably incurred for the cost of counseling for the eligible  spouse,
grandparents,  parents, stepparents, guardians, brothers, sisters, step-
brothers, stepsisters, children, or stepchildren  of  such  victim.  Any
award  for such expense incurred on or before December thirty-first, two
thousand seven, shall be made without regard to the financial difficulty
of the claimant.
  15. Notwithstanding any inconsistent provision of this article,  where
a victim is injured as a direct result of the World Trade Center terror-
ist  attacks  on September eleventh, two thousand one, the [board or the
board member, as the case may be,] OFFICE may  make  an  award  for  the
unreimbursed  and  unreimbursable  expense  or  indebtedness  reasonably
incurred by the claimant for medical care or counseling services  neces-
sary  as  a result of such injury. Any award for such expense or indebt-
edness incurred on or before December thirty-first, two thousand  seven,
shall  be  made without regard to the financial difficulty of the claim-
ant.
  16. Notwithstanding any inconsistent provision of  this  article,  and
without  regard  to  the  financial  difficulty of the claimant, where a
victim dies from injuries received as a direct result of the World Trade
Center terrorist attacks on September eleventh, two  thousand  one,  the
[board  or  the  board  member,  as the case may be,] OFFICE may make an
award of reasonable burial expenses for such victim.
  S 23. Subdivision 2 of section 632 of the executive law, as amended by
chapter 115 of the laws of 1981, is amended to read as follows:
  2. Where a person entitled to receive an award is a person  under  the
age  of  eighteen years, an incompetent, or a conservatee, the award may
be paid to a relative, guardian, committee, conservator, or attorney  of
such  person  on  behalf  of and for the benefit of such person. In such
case the payee shall be required to file a periodic  accounting  of  the
award  with  the  [board]  OFFICE  and  to take such other action as the
[board] OFFICE shall determine is  necessary  and  appropriate  for  the
benefit  of  the  person under the age of eighteen years, incompetent or
conservatee.
  S 24. Section 632-a of the executive law, as amended by chapter 62  of
the laws of 2001, is amended to read as follows:
  S 632-a. Crime victims. 1. For the purposes of this section:
  (a)  "Crime" means (i) any felony defined in the laws of the state; or
(ii) an offense in any jurisdiction which includes all of the  essential
elements  of  any  felony defined in the laws of this state and: (A) the
crime victim, as defined in subparagraph (i) of paragraph  (d)  of  this
subdivision,  was a resident of this state at the time of the commission
of the offense; or (B) the act or acts constituting the offense occurred
in whole or in part in this state.
  (b) "Profits from a crime" means (i) any property obtained through  or
income  generated  from the commission of a crime of which the defendant
was convicted; (ii) any property obtained by or  income  generated  from
the  sale,  conversion or exchange of proceeds of a crime, including any
gain realized by such sale, conversion or exchange; and (iii) any  prop-
erty  which  the  defendant  obtained or income generated as a result of
having committed the crime, including any assets  obtained  through  the
use  of unique knowledge obtained during the commission of, or in prepa-
ration for the commission of, a crime, as well as any property  obtained
by  or  income  generated  from the sale, conversion or exchange of such
property and any gain realized by such sale, conversion or exchange.
  (c) "Funds of  a  convicted  person"  means  all  funds  and  property
received  from any source by a person convicted of a specified crime, or

S. 6606--B                         43                         A. 9706--C

by the representative of such person as defined in  subdivision  six  of
section  six  hundred twenty-one of this article excluding child support
and earned income, where such person:
  (i) is an inmate serving a sentence with the department of correction-
al  services  or a prisoner confined at a local correctional facility or
federal correctional institute, and includes funds  that  a  superinten-
dent,  sheriff  or municipal official receives on behalf of an inmate or
prisoner and deposits in an inmate account to the credit of  the  inmate
pursuant  to section one hundred sixteen of the correction law or depos-
its in a prisoner account to the credit  of  the  prisoner  pursuant  to
section five hundred-c of the correction law; or
  (ii)  is  not  an  inmate or prisoner but who is serving a sentence of
probation or conditional discharge or is presently subject to an undisc-
harged indeterminate, determinate or definite term  of  imprisonment  or
period  of  post-release  supervision or term of supervised release, but
shall include earned income earned during a period in which such  person
was  not  in  compliance  with  the  conditions of his or her probation,
parole, conditional release, period of post-release supervision  by  the
division  of parole or term of supervised release with the United States
probation office or United States parole  commission.  For  purposes  of
this  subparagraph,  such period of non-compliance shall be measured, as
applicable, from the earliest date  of  delinquency  determined  by  the
board or division of parole, or from the earliest date on which a decla-
ration  of delinquency is filed pursuant to section 410.30 of the crimi-
nal procedure law and thereafter sustained, or from the earliest date of
delinquency determined in accordance with applicable federal law,  rules
or  regulations, and shall continue until a final determination sustain-
ing the violation has been made by the trial court, board or division of
parole, or appropriate federal authority; or
  (iii) is no longer subject to a sentence of probation  or  conditional
discharge or indeterminate, determinate or definite term of imprisonment
or period of post-release supervision or term of supervised release, and
where within the previous three years: the full or maximum term or peri-
od  terminated  or  expired  or such person was granted a discharge by a
board of parole pursuant to applicable law, or granted  a  discharge  or
termination  from  probation  pursuant  to  applicable  law or granted a
discharge or termination under applicable federal or state law, rules or
regulations prior to the expiration of such  full  or  maximum  term  or
period;  and  includes  only:  (A)  those funds paid to such person as a
result of any interest, right, right of  action,  asset,  share,  claim,
recovery  or  benefit  of  any  kind  that  the person obtained, or that
accrued in favor of  such  person,  prior  to  the  expiration  of  such
sentence,  term  or  period;  (B)  any  recovery or award collected in a
lawsuit after expiration of such sentence where the right  or  cause  of
action  accrued prior to the expiration or service of such sentence; and
(C) earned income earned during a period in which such person was not in
compliance with the conditions of his or her probation,  parole,  condi-
tional  release,  period  of post-release supervision by the division of
parole or term of supervised release with the  United  States  probation
office or United States parole commission. For purposes of this subpara-
graph,  such  period of non-compliance shall be measured, as applicable,
from the earliest date of delinquency determined by the board  or  divi-
sion  of  parole,  or  from  the earliest date on which a declaration of
delinquency is filed pursuant to section 410.30 of the  criminal  proce-
dure  law  and thereafter sustained, or from the earliest date of delin-
quency determined in accordance with applicable federal  law,  rules  or

S. 6606--B                         44                         A. 9706--C

regulations,  and  shall continue until a final determination sustaining
the violation has been made by the trial court,  board  or  division  of
parole, or appropriate federal authority.
  (d) "Crime victim" means (i) the victim of a crime; (ii) the represen-
tative  of  a  crime victim as defined in subdivision six of section six
hundred twenty-one of this article; (iii) a good samaritan as defined in
subdivision seven of section six hundred  twenty-one  of  this  article;
(iv)  the  [crime  victims  board]  OFFICE  OF  VICTIM SERVICES or other
governmental agency that has received an  application  for  or  provided
financial assistance or compensation to the victim.
  (e) (i) "Specified crime" means:
  (A)  a violent felony offense as defined in subdivision one of section
70.02 of the penal law;
  (B) a class B felony offense defined in the penal law;
  (C) an offense for which a merit time allowance may  not  be  received
against  the  sentence  pursuant  to paragraph (d) of subdivision one of
section eight hundred three of the correction law;
  (D) an offense defined in the penal law that is titled in such law  as
a felony in the first degree;
  (E)  grand  larceny in the fourth degree as defined in subdivision six
of section 155.30 or grand larceny in the second degree  as  defined  in
section 155.40 of the penal law;
  (F)  criminal  possession  of  stolen property in the second degree as
defined in section 165.52 of the penal law; or
  (G) an offense in any jurisdiction which includes all of the essential
elements of any of the crimes specified in clauses (A)  through  (F)  of
this subparagraph and either the crime victim as defined in subparagraph
(i) of paragraph (d) of this subdivision was a resident of this state at
the  time of the commission of the offense or the act or acts constitut-
ing the crime occurred in whole or in part in this state.
  (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
graph  a  "specified crime" shall not mean or include an offense defined
in any of the following articles of the penal law: articles one  hundred
fifty-eight,  one hundred seventy-eight, two hundred twenty, two hundred
twenty-one, two hundred twenty-five, and two hundred thirty.
  (f) "Earned income" means income  derived  from  one's  own  labor  or
through  active participation in a business as distinguished from income
from, for example, dividends or investments.
  2. (a) Every person, firm, corporation,  partnership,  association  or
other legal entity, or representative of such person, firm, corporation,
partnership, association or entity, which knowingly contracts for, pays,
or  agrees  to pay: (i) any profits from a crime as defined in paragraph
(b) of subdivision one of this section, to  a  person  charged  with  or
convicted  of  that  crime,  or  to the representative of such person as
defined in subdivision six of section six  hundred  twenty-one  of  this
article;  or  (ii)  any funds of a convicted person, as defined in para-
graph (c) of subdivision one of this section, where such  conviction  is
for  a  specified crime and the value, combined value or aggregate value
of the payment or payments of such funds  exceeds  or  will  exceed  ten
thousand dollars, shall give written notice to the [crime victims board]
OFFICE  of the payment or obligation to pay as soon as practicable after
discovering that the payment or  intended  payment  constitutes  profits
from a crime or funds of a convicted person.
  (b)  Notwithstanding subparagraph (ii) of paragraph (a) of this subdi-
vision, whenever the payment or obligation to pay involves  funds  of  a
convicted  person  that  a superintendent, sheriff or municipal official

S. 6606--B                         45                         A. 9706--C

receives or will receive on behalf [on] OF an inmate serving a  sentence
with  the  department of correctional services or prisoner confined at a
local correctional facility and deposits or will deposit  in  an  inmate
account  to  the  credit  of  the inmate or in a prisoner account to the
credit of the prisoner, and the value, combined value or aggregate value
of such funds exceeds or will exceed ten thousand  dollars,  the  super-
intendent,  sheriff or municipal official shall also give written notice
to the [crime victims board] OFFICE.
  Further, whenever the state or subdivision of the state makes  payment
or  has  an obligation to pay funds of a convicted person, as defined in
subparagraph (ii) or (iii) of paragraph (c) of subdivision one  of  this
section,  and the value, combined value or aggregate value of such funds
exceeds or will exceed ten thousand dollars, the state or subdivision of
the state shall also give written notice to the  [crime  victims  board]
OFFICE.
  In all other instances where the payment or obligation to pay involves
funds of a convicted person, as defined in subparagraph (ii) or (iii) of
paragraph  (c)  of  subdivision  one  of  this  section,  and the value,
combined value or aggregate value of such funds exceeds or  will  exceed
ten  thousand dollars, the convicted person who receives or will receive
such funds, or the representative of such person as defined in  subdivi-
sion  six  of section six hundred twenty-one of this article, shall give
written notice to the [crime victims board] OFFICE.
  (c) The [board] OFFICE, upon receipt  of  notice  of  a  contract,  an
agreement  to  pay  or  payment  of  profits  from a crime or funds of a
convicted person pursuant to paragraph (a) or (b) of  this  subdivision,
or upon receipt of notice of funds of a convicted person from the super-
intendent,  sheriff  or  municipal  official  of  the facility where the
inmate or prisoner is confined pursuant to section one  hundred  sixteen
or  five  hundred-c  of the correction law, shall notify all known crime
victims of the existence of such profits or funds at  their  last  known
address.
  3.  Notwithstanding  any inconsistent provision of the estates, powers
and trusts law or the civil practice law and rules with respect  to  the
timely  bringing  of an action, any crime victim shall have the right to
bring a civil action in a court of  competent  jurisdiction  to  recover
money  damages  from  a  person  convicted of a crime of which the crime
victim is a victim, or the  representative  of  that  convicted  person,
within three years of the discovery of any profits from a crime or funds
of  a  convicted  person,  as  those  terms are defined in this section.
Notwithstanding any other provision of law to the contrary,  a  judgment
obtained  pursuant  to this section shall not be subject to execution or
enforcement against the first  one  thousand  dollars  deposited  in  an
inmate  account  to  the  credit  of  the inmate pursuant to section one
hundred sixteen of the correction law or in a prisoner  account  to  the
credit  of  the  prisoner  pursuant  to  section  five  hundred-c of the
correction law. In addition, where the civil action involves funds of  a
convicted  person  and such funds were recovered by the convicted person
pursuant to a judgment obtained in a civil action, a  judgment  obtained
pursuant  to this section may not be subject to execution or enforcement
against a portion thereof in accordance with subdivision (k) of  section
fifty-two hundred five of the civil practice law and rules. If an action
is  filed pursuant to this subdivision after the expiration of all other
applicable statutes of limitation, any other crime victims must file any
action for damages as a result of the crime within three  years  of  the
actual  discovery  of  such  profits  or funds, or within three years of

S. 6606--B                         46                         A. 9706--C

actual notice received from or notice published by  the  [crime  victims
board] OFFICE of such discovery, whichever is later.
  4.  Upon  filing  an  action  pursuant  to  subdivision  three of this
section, the crime victim shall give notice to the [crime victims board]
OFFICE of the filing by delivering a copy of the summons  and  complaint
to  the  [board] OFFICE.   The crime victim may also give such notice to
the [board] OFFICE prior to filing the action so as to allow the [board]
OFFICE to apply for  any  appropriate  provisional  remedies  which  are
otherwise  authorized  to  be  invoked  prior  to the commencement of an
action.
  5. Upon receipt of a copy of a summons and complaint, or upon  receipt
of  notice  from the crime victim prior to filing the action as provided
in subdivision four of this section, the [board] OFFICE shall immediate-
ly take such actions as are necessary to:
  (a) notify all other known crime victims of the alleged  existence  of
profits  from  a crime or funds of a convicted person by certified mail,
return receipt requested, where the victims'  names  and  addresses  are
known by the [board] OFFICE;
  (b)  publish,  at least once every six months for three years from the
date it is initially notified by a victim, pursuant to subdivision  four
of  this section, a legal notice in newspapers of general circulation in
the county wherein the crime was committed and in counties contiguous to
such county advising any crime victims of the existence of profits  from
a crime or funds of a convicted person. For crimes committed in a county
located  within  a  city having a population of one million or more, the
notice shall be published in newspapers having  general  circulation  in
such  city.  The [board] OFFICE may, in its discretion, provide for such
additional notice as it deems necessary;
  (c) avoid the wasting of the assets identified in the complaint as the
newly discovered profits from a crime or as funds of a convicted person,
in any manner consistent with subdivision six of this section.
  6. The [board] OFFICE, acting on behalf of the plaintiff and all other
victims, shall have the right to apply for any and all provisional reme-
dies that are also otherwise available to the plaintiff.
  (a) The provisional remedies of attachment,  injunction,  receivership
and  notice of pendency available to the plaintiff under the civil prac-
tice law and rules, shall also be available to the [board] OFFICE in all
actions under this section.
  (b) On a motion for a provisional remedy, the moving party shall state
whether any other provisional remedy has previously been sought  in  the
same action against the same defendant. The court may require the moving
party  to  elect  between  those remedies to which it would otherwise be
entitled.
  7. (a) (i) Whenever it appears that a person or entity  has  knowingly
and willfully failed to give notice in violation of paragraph (a) or (b)
of  subdivision two of this section, other than the state, a subdivision
of the state, or a person who is a superintendent, sheriff or  municipal
official required to give notice pursuant to this section or section one
hundred  sixteen  or  section  five hundred-c of the correction law, the
[board] OFFICE shall be authorized to serve a notice of hearing upon the
person or entity by personal service or by registered or certified mail.
The notice shall contain the time, place and purpose of the hearing.  In
addition,  the  notice shall be accompanied by a petition alleging facts
of an evidentiary character that support or tend  to  support  that  the
person  or entity, who shall be named therein as a respondent, knowingly
and willfully failed to give notice in violation of paragraph (a) or (b)

S. 6606--B                         47                         A. 9706--C

of subdivision two of this section. Service of the notice  and  petition
shall take place at least fifteen days prior to the date of the hearing.
  (ii)  The  [chairperson  of the board,] DIRECTOR or any [board member]
INDIVIDUAL designated by the [chairperson] DIRECTOR, shall preside  over
the  hearing[.  The presiding member], shall administer oaths [and], may
issue subpoenas[. The presiding member] AND shall not be  bound  by  the
rules of evidence or civil procedure, but his or her determination shall
be  based on a preponderance of the evidence. At the hearing, the burden
of proof shall be on the [board, which shall be represented by the coun-
sel to the board or another person designated by the board] OFFICE.  The
[board] OFFICE shall produce witnesses and present evidence  in  support
of  the  alleged violation, which may include relevant hearsay evidence.
The respondent, who may appear personally at the hearing, shall have the
right of counsel and may cross-examine witnesses  and  produce  evidence
and  witnesses  in his or her behalf, which may include relevant hearsay
evidence. The issue of  whether  the  person  who  received  an  alleged
payment or obligation to pay committed the underlying crime shall not be
re-litigated  at the hearing. Where the alleged violation is the failure
to give notice of a payment amount involving two or  more  payments  the
combined value or aggregate value of which exceeds ten thousand dollars,
no  violation  shall be found unless it is shown that such payments were
intentionally structured to  conceal  their  character  as  funds  of  a
convicted person, as defined in this section.
  (iii)  At  the  conclusion  of  the hearing, if the [presiding member]
DIRECTOR OR DESIGNATED INDIVIDUAL is  not  satisfied  that  there  is  a
preponderance of evidence in support of a violation, the [member] DIREC-
TOR OR DESIGNATED INDIVIDUAL shall dismiss the petition. If the [presid-
ing member] DIRECTOR OR DESIGNATED INDIVIDUAL is satisfied that there is
a  preponderance  of  the  evidence that the respondent committed one or
more violations, the [member] DIRECTOR OR DESIGNATED INDIVIDUAL shall so
find. Upon such a finding, the [presiding member] DIRECTOR OR DESIGNATED
INDIVIDUAL shall prepare a written statement, to be  made  available  to
the  respondent and respondent's counsel, indicating the evidence relied
on and the reasons for finding the violation.
  (iv) The [board] DIRECTOR shall adopt, promulgate,  amend  and  repeal
administrative  rules  and  regulations  governing  the procedures to be
followed with respect to hearings, including rules and  regulations  for
the administrative appeal of a decision made pursuant to this paragraph,
provided  such  rules and regulations are consistent with the provisions
of this subdivision.
  (b)(i) Whenever it is found pursuant to paragraph (a) of this subdivi-
sion that a respondent knowingly and willfully failed to give notice  in
violation  of  paragraph  (a) or (b) of subdivision two of this section,
the [board] OFFICE shall impose an assessment of up to the amount of the
payment or obligation to pay and a civil penalty of up to  one  thousand
dollars or ten percent of the payment or obligation to pay, whichever is
greater.  If  a respondent fails to pay the assessment and civil penalty
imposed pursuant to this paragraph, the assessment and civil penalty may
be recovered from the respondent by an action brought  by  the  attorney
general,  upon the request of the [board] OFFICE, in any court of compe-
tent jurisdiction. The [board] OFFICE shall deposit the assessment in an
escrow account pending the expiration of the three year statute of limi-
tations authorized by subdivision three of this section to preserve such
funds to satisfy a civil judgment in favor of a person who is  a  victim
of  a  crime  committed  by the convicted person to whom such failure to
give notice relates. The [board] OFFICE shall pay the civil  penalty  to

S. 6606--B                         48                         A. 9706--C

the  state comptroller who shall deposit the money in the state treasury
pursuant to section one hundred twenty-one of the state finance  law  to
the  credit  of  the criminal justice improvement account established by
section ninety-seven-bb of the state finance law.
  (ii)  The  [board]  OFFICE shall then notify any crime victim or crime
victims, who may have a claim  against  the  convicted  person,  of  the
existence  of  such  moneys.  Such  notice shall instruct such person or
persons that they may have a right to commence a  civil  action  against
the  convicted person, as well as any other information deemed necessary
by the [board] OFFICE.
  (iii) Upon a crime victim's presentation to the [board]  OFFICE  of  a
civil  judgment  for  damages  incurred  as  a  result of the crime, the
[board] OFFICE shall satisfy up to one hundred percent of that judgment,
including costs and disbursements as taxed by the clerk  of  the  court,
with  the  escrowed  fund obtained pursuant to this paragraph, but in no
event shall the amount of all judgments, costs and disbursements  satis-
fied  from such escrowed funds exceed the amount in escrow. If more than
one such crime victim indicates to the [board] OFFICE that  they  intend
to  commence  or  have  commenced  a  civil action against the convicted
person, the [board] OFFICE shall delay satisfying  any  judgment,  costs
and disbursements until the claims of all such crime victims are reduced
to  judgment.  If the aggregate of all judgments, costs and disbursement
obtained exceeds the amount  of  escrowed  funds,  the  amount  used  to
partially satisfy each judgment shall be reduced to a pro rata share.
  (iv)  After expiration of the three year statute of limitations period
established in subdivision three of this  section,  the  [board]  OFFICE
shall  review  all judgments that have been satisfied from such escrowed
funds. In the event no claim was filed or judgment obtained prior to the
expiration of the three year statute of limitations, the [board]  OFFICE
shall return the escrowed amount to the respondent. In the event a claim
or  claims  are pending at the expiration of the statute of limitations,
such funds shall remain escrowed until the final  determination  of  all
such  claims  to  allow the [board] OFFICE to satisfy any judgment which
may be obtained by the crime victim. Upon the final determination of all
such claims and the satisfaction of up to one hundred  percent  of  such
claims  by the [board] OFFICE, the [board] OFFICE shall be authorized to
impose an additional civil penalty of up to one thousand dollars or  ten
percent of the payment or obligation to pay, whichever is greater. Prior
to  imposing  any  such penalty, the [board] OFFICE shall serve a notice
upon the respondent by personal service or by  registered  or  certified
mail  of  the intent of the [board] OFFICE to impose such penalty thirty
days after the date of the notice  and  of  the  opportunity  to  submit
documentation  concerning  the  [board's]  OFFICE'S determination. After
imposing and deducting any such additional civil  penalty,  the  [board]
OFFICE  shall  distribute  such  remaining  escrowed  funds,  if any, as
follows:  fifty percent to the state comptroller, who shall deposit  the
money  in  the state treasury pursuant TO section one hundred twenty-one
of the state finance law to the credit of the criminal justice  improve-
ment account established by section ninety-seven-bb of the state finance
law; and fifty percent to the respondent.
  (v)  Notwithstanding  any  provision  of  law, an alleged failure by a
convicted person to give notice under this section  may  not  result  in
proceedings  for  an  alleged  violation of the conditions of probation,
parole, conditional release,  post  release  supervision  or  supervised
release  unless:  one or more claims were made by a crime victim against
the convicted person pursuant to this section, and  the  [crime  victims

S. 6606--B                         49                         A. 9706--C

board]  OFFICE  imposes  an assessment and/or penalty upon the convicted
person pursuant to this section, and the convicted person fails  to  pay
the  total  amount of the assessment and/or penalty within sixty days of
the imposition of such assessment and/or penalty.
  (vi)  Records  maintained by the [board] OFFICE and proceedings by the
[board or a board member] OFFICE based thereon regarding a claim submit-
ted by a victim or a claimant shall be deemed confidential,  subject  to
the  exceptions  that  appear  in subdivision one of section six hundred
thirty-three of this article.
  S 25. Section 633 of the executive law, as added by chapter 64 of  the
laws of 1998, is amended to read as follows:
  S  633.  Confidentiality  of  records.  1.  Records  maintained by the
[board] OFFICE and proceedings by [the board  or  a  board  member]  THE
OFFICE based thereon regarding a claim submitted by a victim or a claim-
ant shall be deemed confidential with the following exceptions:
  (a)  requests  for  information based upon legitimate criminal justice
purposes;
  (b) judicial subpoenas;
  (c) requests for information by the victim or claimant or his  or  her
authorized representative;
  (d)  for  purposes necessary and proper for the administration of this
article.
  2. All other records, including but not limited to, records maintained
pursuant to sections six hundred thirty-one-a and  six  hundred  thirty-
two-a  of  this article and proceedings by [the board or a board member]
THE OFFICE based thereon shall be public record.
  3. Any report or record obtained by the [board] OFFICE, the  confiden-
tiality  of  which  is  protected  by any other law or regulation, shall
remain confidential subject to such law or regulation.
  S 26. Section 634 of the executive law, as amended by chapter  513  of
the laws of 1982, subdivision 1 as amended and subdivision 6 as added by
chapter  477  of  the  laws  of  1986, paragraph (c) of subdivision 1 as
amended by chapter 397 of the laws  of  1993,  is  amended  to  read  as
follows:
  S 634. Subrogation.  1.  (a)  Acceptance  of an award made pursuant to
this article shall subrogate the state, to the extent of such award,  to
any  right  or right of action accruing to the claimant or the victim to
recover payments on account of losses  resulting  from  the  crime  with
respect  to  which  the award is made. Upon the payment of an award, the
[board] OFFICE may, by writing, notify the claimant that  such  claimant
has  ninety  days, or thirty days prior to the date of expiration of the
applicable statute of limitations, whichever period is  shorter,  within
which  to  commence  an  action against his assailant or any third party
who, as a result of the crime, may be liable in damages to the claimant.
If the claimant fails to commence an action  within  the  time  provided
herein,  such  failure  shall, after written notification by the [board]
OFFICE to the claimant, operate as an assignment of the claimant's cause
of action against the assailant or such other third party to the  state;
provided,  however,  that should the claimant's cause of action be in an
amount in excess of the [board's] OFFICE'S award, such assignment  shall
be  for only that portion of the cause of action which equals the amount
of the award.
  (b) The [crime victims board] OFFICE OF VICTIM SERVICES  shall  review
those claims that have been approved by the [board] OFFICE and that have
resulted  in  an award in excess of one thousand dollars for the purpose
of identifying those causes of action  that  are  likely  to  result  in

S. 6606--B                         50                         A. 9706--C

recovery  of the state's payment to the victim. The [board] OFFICE shall
submit a list of these claims on a monthly basis to the attorney general
with all necessary information relating to the  case  including  whether
the  [claiment's]  CLAIMANT'S  cause  of action has been assigned to the
[board] OFFICE.
  (c) The attorney general may commence an action against the  defendant
convicted of the crime or third party for money damages to the extent of
the award paid, and the claimant shall retain a right of action, subject
to  defenses, to recover damages for the full amount of loss incurred by
him as a result of the crime less the amount assigned to  the  state  by
operation  of  this  subdivision. Notwithstanding any other provision of
law, an action brought by the attorney general pursuant  to  this  para-
graph  against  the  defendant  convicted of the crime must be commenced
within seven years of the crime or pursuant to the time  frames  author-
ized  in  subdivision  three of section six hundred thirty-two-a of this
article.  A claimant who retains such right of action shall be permitted
to intervene in any action brought pursuant to this subdivision  by  the
attorney  general.  Any  action  brought  by the attorney general may be
compromised or settled provided the attorney  general  and  the  [board]
OFFICE find that such action is in the best interests of the state.
  2. Acceptance of an award made pursuant to this article shall create a
lien  in  favor  of  the  state on the proceeds of any recovery from the
person or persons liable for the injury or  death  giving  rise  to  the
award  by  the [board] OFFICE, whether by judgment, settlement or other-
wise, after the deduction of the reasonable and necessary  expenditures,
including  attorney's  fees, incurred in effecting such recovery, to the
total amount of the award made by the [board] OFFICE.   Such lien  shall
attach  to  any  moneys  received  or  to be received by the claimant or
victim on account of losses resulting from the crime. Should the  claim-
ant  or  victim  secure a recovery from the person or persons liable for
the injury or death giving rise to the  award  by  the  [board]  OFFICE,
whether  by  judgment,  settlement or otherwise, such claimant may, upon
notice to the [board] OFFICE, apply to the court in which the action was
instituted, or to any court of competent jurisdiction if no  action  was
instituted,  for  an  order  apportioning  the  reasonable and necessary
expenditures, including attorney's  fees,  incurred  in  effecting  such
recovery.  Such expenditures shall be equitably apportioned by the court
between the claimant and the [board] OFFICE. A copy of such  lien  shall
be mailed to the clerk of the county within which the crime occurred and
such  clerk  will  file  the  copy in accordance with the duties of such
clerk as set forth in section five hundred  twenty-five  of  the  county
law.  The  amount  of  such  lien  may  be compromised or settled by the
[board] OFFICE provided the [board] OFFICE finds that such action is  in
the  best  interests  of the state, or payment of the full amount of the
lien to the state would cause undue hardship for the victim.
  3. Any claimant who has received an award under this article,  or  his
guardian,  judicially  appointed personal representative, or his estate,
who brings an action for damages against the person  or  persons  liable
for  the  injury  or death giving rise to an award by the [board] OFFICE
under this article shall give written notice to the  [board]  OFFICE  of
the  commencement  of  such action at the time such action is commenced.
Such notice shall be served personally  or  by  certified  mail,  return
receipt requested.
  4. The attorney general may intervene, as of right, in any such action
on  behalf  of  the  state of New York for the purpose of recovering the

S. 6606--B                         51                         A. 9706--C

subrogated interest due the state of New York under  the  provisions  of
this article.
  5. The [board] DIRECTOR shall adopt rules and regulations to carry out
the provisions and purposes of this section.
  6. The [board] OFFICE shall compile information on the number of cases
submitted  to  the attorney general, the number of actions instituted by
the attorney general to recover payments  made  to  crime  victims,  the
dollar  amount  of recoveries made in such actions both on behalf of the
state and any awards made to victims who intervene in such actions.  The
[board]  OFFICE  shall include this information, and any recommendations
to the governor and legislature to improve the collection of awards,  in
its annual report.
  S  27.  Subdivisions  1  and  2 of section 631-a of the executive law,
subdivision 1 as added by chapter 688 of the laws of 1985  and  subdivi-
sion  2  as  amended  by chapter 263 of the laws of 1986, are amended to
read as follows:
  1. The [crime victims board] OFFICE shall make grants, within  amounts
appropriated  for  that  purpose,  for  crime victim service programs to
provide services to crime victims and witnesses. These programs shall be
operated at the community  level  by  not-for-profit  organizations,  by
agencies of local government or by any combination thereof. Crime victim
service programs may be designed to serve crime victims and witnesses in
general in a particular community, or may be designed to serve a catego-
ry of persons with special needs relating to a particular kind of crime.
  2.  The  [crime  victims board] DIRECTOR shall promulgate regulations,
relating to these grants, including guidelines for its determinations.
  (a) These regulations shall be designed to promote:
  (i) alternative funding sources other than the state, including  local
government and private sources;
  (ii)  coordination of public and private efforts to aid crime victims;
and
  (iii) long range development of services to all victims  of  crime  in
the  community  and  to  all  victims and witnesses involved in criminal
prosecutions.
  (b) These regulations shall also provide for services  including,  but
not limited to:
  (i)  assistance  to claimants seeking crime victims compensation bene-
fits;
  (ii) referrals, crisis intervention and other counseling services;
  (iii) services to elderly victims and to child victims and their fami-
lies;
  (iv) transportation and household assistance; and
  (v) outreach to the  community  and  education  and  training  of  law
enforcement  and  other criminal justice officials to the needs of crime
victims.
  S 28. Subdivision 3 of section 631-a of the executive law is REPEALED.
  S 29. Subdivision 5 of section 390.30 of the criminal  procedure  law,
as  added  by  chapter  14  of  the  laws of 1985, is amended to read as
follows:
  5. Information to be forwarded to the state division of probation  AND
CORRECTIONAL  ALTERNATIVES.    Investigating agencies under this article
shall be responsible for the collection, and transmission to  the  state
division  of  probation  AND  CORRECTIONAL  ALTERNATIVES, of data on the
number of victim impact statements prepared[, pursuant to regulations of
the division]. Such information shall be  transmitted  ANNUALLY  to  the
[crime  victims  board]  OFFICE  OF  VICTIM SERVICES and included in the

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[board's] OFFICE'S annual  report  pursuant  to  subdivision  twenty  of
section six hundred twenty-three of the executive law.
  S 30. Subdivision 7 of section 351.1 of the family court act, as added
by chapter 418 of the laws of 1986, is amended to read as follows:
  7.  The  probation  services  which  prepare the investigation reports
shall be responsible for the collection and transmission  to  the  state
division  of  probation  and  correctional  alternatives, of data on the
number of victim impact statements prepared[, pursuant to regulations of
the division]. Such information shall be  transmitted  ANNUALLY  to  the
[crime  victims  board]  OFFICE  OF  VICTIM SERVICES and included in the
[board's] OFFICE'S annual  report  pursuant  to  subdivision  twenty  of
section six hundred twenty-three of the executive law.
  S 31. Subdivision 1 of section 640 of the executive law, as amended by
chapter 414 of the laws of 1985, is amended to read as follows:
  1.  The  commissioner of the division of criminal justice services, in
consultation with the [chairman of the crime victims board] DIRECTOR  OF
THE  OFFICE  OF  VICTIM  SERVICES and other appropriate officials, shall
promulgate standards for the treatment of the innocent victims of  crime
by the agencies which comprise the criminal justice system of the state.
  S  32.  The  article  heading  of  article 22 of the executive law, as
amended by chapter 17 of the  laws  of  1982,  is  amended  to  read  as
follows:
              [CRIME VICTIMS BOARD] OFFICE OF VICTIM SERVICES
  S  33. Section 644 of the executive law, as added by chapter 94 of the
laws of 1984, is amended to read as follows:
  S 644. Implementation. The commissioner of the  division  of  criminal
justice  services and the [chairman of the crime victims board] DIRECTOR
OF THE OFFICE OF VICTIM SERVICES shall assist criminal justice  agencies
in implementing the guidelines promulgated by the commissioner.
  S 34. Section 645 of the executive law, as added by chapter 893 of the
laws of 1986, is amended to read as follows:
  S 645. Fair  treatment  standards for crime victims in the courts. The
chief administrator of the courts, in consultation with the commissioner
of the division of criminal justice services, the [chairman of the crime
victims board] DIRECTOR OF THE  OFFICE  OF  VICTIM  SERVICES  and  other
appropriate  officials,  shall promulgate standards for the treatment of
the innocent victims of crime by the unified court system. These  stand-
ards shall conform to and be consistent with the regulations promulgated
pursuant to section six hundred forty of this article.
  S  35.  Subdivisions 1, 3 and 4 of section 646-a of the executive law,
subdivisions 1 as amended and 4 as added by chapter 173 of the  laws  of
2006  and  subdivision 3 as added by chapter 67 of the laws of 1994, are
amended to read as follows:
  1. The district attorney shall provide the  victim,  at  the  earliest
time  possible,  with  an informational pamphlet detailing the rights of
crime victims which shall  be  prepared  by  the  division  of  criminal
justice  services in [cooperation with the crime victims board,] CONSUL-
TATION WITH THE DIRECTOR OF THE OFFICE OF VICTIM SERVICES  and  distrib-
uted to each district attorney's office.
  3.  This pamphlet shall provide space for the insertion of the follow-
ing information:
  (a) the address and phone number of the [nearest crime victims  board]
office OF VICTIM SERVICES;
  (b)  the  address  and phone numbers of local victim service programs,
where appropriate;

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  (c) the name, phone number and office location of the  person  in  the
district attorney's office to whom inquiries concerning the victims case
may be directed; and
  (d) any other information the division deems appropriate.
  4.  (a)  The commissioner of the division of criminal justice services
in [cooperation] CONSULTATION with the [crime victims board] DIRECTOR OF
THE OFFICE OF VICTIM SERVICES shall develop and prepare  a  standardized
form for the use of district attorney offices for the purpose of report-
ing  compliance with this section. The form is to be distributed to each
district attorney. Every district attorney's office in the  state  shall
complete  the  reporting  form annually and send it to the [chair of the
crime victims board] DIRECTOR OF THE OFFICE OF VICTIM  SERVICES  by  the
first  day of January each year subsequent to the effective date of this
subdivision.
  (b) A copy of the report shall be retained by  the  district  attorney
and  upon  request, a victim of a crime or relative of a victim shall be
entitled to receive from the district attorney a copy of their  district
attorney's  annual  report without charge. Any other person requesting a
copy of the report shall pay a fee not to  exceed  the  actual  cost  of
reproduction.
  S  36.  Paragraph  (a) of subdivision 2 and subdivision 3-a of section
844-b of the executive law, paragraph (a) of subdivision 2 as amended by
chapter 393 of the laws of 1995 and subdivision 3-a as added by  chapter
626 of the laws of 1997, are amended to read as follows:
  (a) The committee shall consist of a representative of the commission-
er,  representative  of the superintendent of the New York state police,
two representatives of the New  York  state  sheriffs  association,  two
representatives  of  the New York state association of chiefs of police,
two representatives of the New York state  district  attorneys'  associ-
ation, a representative of the attorney general, a representative of the
[chairperson  of  the  crime  victims  board]  DIRECTOR OF THE OFFICE OF
VICTIM SERVICES, a representative of the director of  the  state  office
for  the aging, a representative of the commissioner of social services,
a representative of the commissioner of the New York city police depart-
ment, a representative of the New York state crime prevention  coalition
and  two  elderly  representatives  one to be appointed by the temporary
president of the senate and the other by the speaker  of  the  assembly.
The  commissioner shall make appointments to the committee in accordance
with nominations submitted by the relevant  agencies  or  organizations.
Each  member  of the committee shall be appointed by the commissioner to
serve a two year term. Any member appointed by the commissioner  may  be
reappointed  for  additional terms. Any vacancies shall be filled in the
same manner as the original appointment and vacancies created  otherwise
than  by  expiration  of  term shall be filled for the remainder of that
unexpired term.
  3-a. Reports. On or before March first, nineteen hundred  ninety-eight
and  annually  thereafter  the  committee  shall report to the temporary
president of the senate, the speaker of the assembly, the chair  of  the
assembly  committee  on  aging  and the chair of the senate committee on
aging, on the incidence of reports of abuse  of  elderly  persons.  Such
report  shall  consist  of  information  from  reports  forwarded to the
committee by local law enforcement agencies pursuant to  section  140.10
of  the  criminal  procedure law including number of reported incidents,
ages of victims and alleged offenders,  circumstances  of  the  incident
whether  arrests  were  made and the sentence, if any, of the offenders.
Such report shall also  recommend  policies  and  programs  to  aid  law

S. 6606--B                         54                         A. 9706--C

enforcement  agencies,  the courts and the New York state [crime victims
board] OFFICE OF VICTIM SERVICES in efforts to assist elder  victims  of
domestic   violence.  The  report  shall  also  include  recommendations
designed  to  assist  law  enforcement  agencies  in implementing "Triad
Programs".
  S 37. Subdivision 12-g of section 8 of the state finance law, as added
by chapter 62 of the laws of 2001, is amended to read as follows:
  12-g. Notwithstanding any other provision of the court of  claims  act
or  any  other  law  to the contrary, thirty days before the comptroller
issues a check for payment to an inmate serving a sentence of  imprison-
ment with the state department of correctional services or to a prisoner
confined  at  a  local correctional facility for any reason, including a
payment made in satisfaction of any damage award in connection with  any
lawsuit  brought  by or on behalf of such inmate or prisoner against the
state or any of its employees in federal court or any other  court,  the
comptroller  shall give written notice, if required pursuant to subdivi-
sion two of section six hundred thirty-two-a of the  executive  law,  to
the  [state  crime  victims  board]  OFFICE OF VICTIM SERVICES that such
payment shall be made thirty days after the date of such notice.
  S 38. Subdivision 3 of section 97-bb of  the  state  finance  law,  as
amended  by  section  1  of part A of chapter 56 of the laws of 2009, 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  and
expenses of programs to provide services to crime victims and witnesses,
including  operations  of  the  [crime  victims  board] OFFICE OF VICTIM
SERVICES, 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 39. Paragraph (c) of subdivision 1 of section 2805-i of  the  public
health  law,  as added by chapter 571 of the laws of 2007, is amended to
read as follows:
  (c) offering and making available appropriate HIV post-exposure treat-
ment therapies in cases where it has been determined, in accordance with
guidelines issued by the commissioner, that a  significant  exposure  to
HIV  has  occurred, and informing the victim that payment assistance for
such therapies may be available from the [crime victims board] OFFICE OF
VICTIM SERVICES pursuant to the provisions of article twenty-two of  the
executive law.
  S  40.  Section 70 of the general municipal law, as amended by chapter
62 of the laws of 2001, is amended to read as follows:
  S 70. Payment of judgments against municipal corporation. When a final
judgment for a sum of money  shall  be  recovered  against  a  municipal
corporation,  and  the execution thereof shall not be stayed pursuant to
law, or the time for such stay shall  have  expired,  the  treasurer  or
other  financial officer of such corporation having sufficient moneys in
his hands belonging to the corporation not otherwise specifically appro-
priated, shall pay such judgment upon the production of a certified copy
of the docket thereof. Notwithstanding the provisions of any  other  law
to  the contrary, in any case where payment for any reason is to be made
to an inmate serving a sentence of imprisonment with the  state  depart-
ment  of  correctional  services  or  to  a prisoner confined at a local
correctional facility, the treasurer or other  financial  officer  shall
give  written notice, if required pursuant to subdivision two of section
six hundred thirty-two-a of the  executive  law,  to  the  [state  crime

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victims board] OFFICE OF VICTIM SERVICES that such payment shall be made
thirty days after the date of such notice.
  S  41.  Paragraph  (b)  of subdivision 4 of section 60.27 of the penal
law, as amended by chapter 619 of the laws of 2002, is amended  to  read
as follows:
  (b)  the  term  "victim"  shall include the victim of the offense, the
representative of a crime  victim  as  defined  in  subdivision  six  of
section six hundred twenty-one of the executive law, an individual whose
identity  was assumed or whose personal identifying information was used
in violation of section 190.78, 190.79 or 190.80 of this chapter, or any
person who has suffered a financial loss as a direct result of the  acts
of a defendant in violation of section 190.78, 190.79, 190.80, 190.82 or
190.83  of  this  chapter,  a  good  samaritan as defined in section six
hundred twenty-one of the executive law and the [crime  victims'  board]
OFFICE OF VICTIM SERVICES or other governmental agency that has received
an  application for or has provided financial assistance or compensation
to the victim.
  S 42. Section 116 of the correction law, as amended by chapter  62  of
the laws of 2001, is amended to read as follows:
  S  116.  Inmates'  funds.  The warden or superintendent of each of the
institutions within the jurisdiction of  the  department  of  correction
shall  deposit  at least once in each week to his credit as such warden,
or superintendent, in such bank or banks as may  be  designated  by  the
comptroller,  all  the  moneys received by him as such warden, or super-
intendent, as inmates' funds, and send to the comptroller  and  also  to
the  commissioner  of correction monthly, a statement showing the amount
so received and deposited. Such statement of deposits shall be certified
by the proper officer of the bank receiving such  deposit  or  deposits.
The  warden,  or superintendent, shall also verify by his affidavit that
the sum so deposited is all the money received by him as inmates'  funds
during  the  month. Any bank in which such deposits shall be made shall,
before receiving any such deposits, file a bond with the comptroller  of
the state, subject to his approval, for such sum as he shall deem neces-
sary. Upon a certificate of approval issued by the director of the budg-
et,  pursuant  to  the  provisions  of  section fifty-three of the state
finance law, the amount of interest,  if  any,  heretofore  accrued  and
hereafter  to  accrue  on  moneys so deposited, heretofore and hereafter
credited to the warden, or superintendent, by  the  bank  from  time  to
time,  shall  be available for expenditure by the warden, or superinten-
dent, subject to the direction of the  commissioner,  for  welfare  work
among  the inmates in his custody. The withdrawal of moneys so deposited
by such warden, or superintendent,  as  inmates'  funds,  including  any
interest  so  credited,  shall  be subject to his check. Each warden, or
superintendent, shall each month provide the comptroller  and  also  the
commissioner  with  a  record of all withdrawals from inmates' funds. As
used in this section, the term "inmates' funds" means the funds  in  the
possession  of the inmate at the time of his admission into the institu-
tion, funds earned by him as provided in section one hundred eighty-sev-
en of this chapter and any other funds received by him or on his  behalf
and  deposited with such warden or superintendent in accordance with the
rules and regulations of the commissioner. Whenever the  total  unencum-
bered  value  of  funds  in  an  inmate's  account  exceeds ten thousand
dollars, the superintendent shall give  written  notice  to  the  [state
crime victims board] OFFICE OF VICTIM SERVICES.
  S  43. Subdivisions 7 and 8 of section 500-c of the correction law, as
added by chapter 62 of the laws of 2001, are amended to read as follows:

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  7. A sheriff, the New York city commissioner  of  correction,  or  the
Westchester county commissioner of correction, as the case may be, shall
maintain  an  institutional  fund  account  on  behalf of every lawfully
sentenced inmate or prisoner in his custody and shall for the benefit of
the  person  make  deposits into said accounts of any prisoner funds. As
used in this section, the term "prisoner funds" means (i) funds  in  the
possession  of  the  prisoner at the time of admission into the institu-
tion; (ii) funds earned by a prisoner as provided in section one hundred
eighty-seven of this chapter; and (iii) any other funds received  by  or
on  behalf  of the prisoner and deposited with such sheriff or municipal
official in accordance with the written procedures  established  by  the
commission.  Whenever the total value of unencumbered funds in a prison-
er's account exceeds ten thousand  dollars,  such  sheriff  or  official
shall  give  written notice to the [state crime victims board] OFFICE OF
VICTIM SERVICES.
  8. A sheriff, the New York city commissioner  of  correction,  or  the
Westchester county commissioner of correction, as the case may be, shall
provide  written notice to all inmates serving a definite sentence for a
specified crime defined in paragraph (e) of subdivision one  of  section
six  hundred thirty-two-a of the executive law who may be subject to any
requirement to report to the [crime  victims  board]  OFFICE  OF  VICTIM
SERVICES  any  funds  of  a  convicted  person as defined in section six
hundred thirty-two-a of the  executive  law,  the  procedures  for  such
reporting and any potential penalty for a failure to comply.
  S  44.  Subdivision 3 of section 410.10 of the criminal procedure law,
as added by chapter 62 of the laws  of  2001,  is  amended  to  read  as
follows:
  3.  When  the  court pronounces a sentence of probation or conditional
discharge for a specified crime defined in paragraph (e) of  subdivision
one  of  section six hundred thirty-two-a of the executive law, in addi-
tion to specifying the conditions  of  the  sentence,  the  court  shall
provide  written  notice to such defendant concerning any requirement to
report to the [crime victims board] OFFICE OF VICTIM SERVICES funds of a
convicted person as defined in section six hundred thirty-two-a  of  the
executive  law,  the  procedures  for  such  reporting and any potential
penalty for a failure to comply.
  S 45. Section 2222-a of the surrogate's court procedure act, as  added
by chapter 62 of the laws of 2001, is amended to read as follows:
S  2222-a.  Notice  of legacy or distributive share payable to inmate or
               prisoner
  Where the legatee, distributee or beneficiary is an inmate  serving  a
sentence  of  imprisonment  with  the  state  department of correctional
services or a prisoner confined at a local  correctional  facility,  the
court  shall  give  prompt  written  notice  to the [state crime victims
board] OFFICE OF VICTIM SERVICES, and at the same time  direct  that  no
payment  be  made to such inmate or prisoner for a period of thirty days
following the date of entry of the order containing such direction.
  S 46. Subdivision 6-a of section 20 of the court  of  claims  act,  as
added by chapter 62 of the laws of 2001, is amended to read as follows:
  6-a.  Notwithstanding  the provisions of subdivisions five, five-a and
six of this section, in any case where a judgment or any part thereof is
to be paid to an inmate serving a  sentence  of  imprisonment  with  the
state department of correctional services or to a prisoner confined at a
local  correctional facility, the comptroller shall give written notice,
if required pursuant to subdivision two of section six  hundred  thirty-
two-a of the executive law, to the [state crime victims board] OFFICE OF

S. 6606--B                         57                         A. 9706--C

VICTIM  SERVICES  that such judgment shall be paid thirty days after the
date of such notice.
  S  47.  Subdivision  11  of section 1311 of the civil practice law and
rules, as added by chapter 655 of the laws of 1990, is amended  to  read
as follows:
  11. (a) Any stipulation or settlement agreement between the parties to
a  forfeiture action shall be filed with the clerk of the court in which
the forfeiture action is pending. No stipulation or settlement agreement
shall be accepted for filing unless it is accompanied  by  an  affidavit
from  the  claiming  authority that written notice of the stipulation or
settlement agreement, including the terms of such, has been given to the
[state crime victims board] OFFICE OF VICTIM SERVICES, the  state  divi-
sion of criminal justice services, and in the case of a forfeiture based
on  a  felony defined in article two hundred twenty or section 221.30 or
221.55 of the penal law,  to  the  state  division  of  substance  abuse
services.
  (b)  No  judgment  or order of forfeiture shall be accepted for filing
unless it is accompanied by an affidavit  from  the  claiming  authority
that  written  notice of judgment or order, including the terms of such,
has been given to the [state  crime  victims  board]  OFFICE  OF  VICTIM
SERVICES,  the  state  division of criminal justice services, and in the
case of a forfeiture based on a felony defined in  article  two  hundred
twenty  or section 221.30 or 221.55 of the penal law, to the state divi-
sion of substance abuse services.
  (c) Any claiming authority or claiming agent which receives any  prop-
erty  pursuant  to chapter thirteen of the food and drug laws (21 U.S.C.
S801 et seq.) of the United States and/or chapter four  of  the  customs
duties  laws (19 U.S.C. S1301 et seq.) of the United States and/or chap-
ter 96 of the crimes and criminal procedure laws  (18  U.S.C.  S1961  et
seq.) of the United States shall provide an affidavit to the commission-
er  of  the  division of criminal justice services stating the estimated
present value of the property received.
  S 48. Subdivision 4 of section 1349 of  the  civil  practice  law  and
rules,  as  added by chapter 655 of the laws of 1990, is amended to read
as follows:
  4. The claiming authority shall report the disposal  of  property  and
collection  of  assets  pursuant  to  this  section  to the [state crime
victims board] OFFICE OF VICTIM SERVICES, the state division of criminal
justice services and the state division of substance abuse services.
  S 49. Subdivision (d) of section 4510 of the civil  practice  law  and
rules,  as  added by chapter 432 of the laws of 1993, is amended to read
as follows:
  (d) Limitation on waiver. A client who, for the purposes of  obtaining
compensation  under article twenty-two of the executive law or insurance
benefits, authorizes the disclosure of any privileged  communication  to
an employee of the [crime victims board] OFFICE OF VICTIM SERVICES or an
insurance  representative  shall not be deemed to have waived the privi-
lege created by this section.
  S 50. Section 5011 of the civil practice law and rules, as amended  by
chapter 62 of the laws of 2001, is amended to read as follows:
  S 5011. Definition and content of judgment. A judgment is the determi-
nation  of  the rights of the parties in an action or special proceeding
and may be either interlocutory or final. A judgment shall refer to, and
state the result of, the verdict or decision, or recite the default upon
which it is based. A judgment may direct  that  property  be  paid  into
court  when  the  party  would not have the benefit or use or control of

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such property or where special  circumstances  make  it  desirable  that
payment  or  delivery to the party entitled to it should be withheld. In
any case where damages are awarded to an inmate serving  a  sentence  of
imprisonment  with the state department of correctional services or to a
prisoner confined at a local correctional facility, the court shall give
prompt written notice to the  [state  crime  victims  board]  OFFICE  OF
VICTIM  SERVICES,  and  at the same time shall direct that no payment be
made to such inmate or prisoner for a period of  thirty  days  following
the date of entry of the order containing such direction.
  S  51. Subdivision 2 of section 459-b of the real property tax law, as
added by chapter 269 of the laws of 1996, is amended to read as follows:
  2. To qualify as a physically disabled crime victim or good  samaritan
for  the  purposes  of  this  section, an individual shall submit to the
assessor a certified statement from a physician licensed to practice  in
the  state  of  New  York on a form prescribed and made available by the
state board which states that the individual has  a  permanent  physical
impairment  which  substantially limits one or more of such individual's
major life activities, except that an  individual  who  has  obtained  a
certificate  from  the state commission for the blind and visually hand-
icapped stating that such individual is legally blind  may  submit  such
certificate in lieu of a physician's certified statement. In addition, a
copy  of  a  police report pertaining to the crime from which the injury
resulted, a report from the  [crime  victims  board]  OFFICE  OF  VICTIM
SERVICES or other evidence or documentation which would tend to substan-
tiate that a physical disability was inflicted upon an individual as the
result of a crime shall also be submitted to the assessor.
  S  52.  Paragraph 2 of subdivision c of section 17-193 of the adminis-
trative code of the city of New York, as added by local law number 62 of
the city of New York for the year 2007, is amended to read as follows:
  2. contact information for the New York state  [crime  victims  board]
OFFICE  OF  VICTIM  SERVICES  and information indicating how such owner,
resident or occupant can apply to  such  [board]  OFFICE  for  financial
assistance  to  help cover the cost of professional clean up of a trauma
scene, including how application forms can be obtained at the  [board's]
OFFICE'S local office or website;
  S  53.  Transfer  of records. The crime victims board shall deliver to
the office of victim services all books, papers, records,  and  property
as requested by the office of victim services pursuant to this act.
  S  54. Completion of unfinished business. Any business or other matter
undertaken or commenced by the crime  victims  board  pertaining  to  or
connected  with  the  functions,  powers,  obligations and duties hereby
transferred and assigned to the office of victim services and pending on
the effective date of this act may be conducted  and  completed  by  the
office  of  victim  services in the same manner and under the same terms
and conditions and with the same effect as if conducted and completed by
the former crime victims board; provided, however, that claims  accepted
by  the crime victims board but not determined before the effective date
of this act shall be determined by the office of victim services  pursu-
ant to the regulations promulgated pursuant to section 627 of the execu-
tive law as added by section eighteen of this act.
  S 55. Terms occurring in laws, contracts and other documents. Whenever
the  crime  victims  board  is  referred  to  or  designated in any law,
contract or documents pertaining to the functions,  powers,  obligations
and  duties  hereby  transferred  and  assigned  to the office of victim
services, such reference or designation shall be deemed to refer to  the
office of victim services.

S. 6606--B                         59                         A. 9706--C

  S  56.  Existing  rights  and remedies preserved. No existing right or
remedy of any character shall be lost, impaired or affected by reason of
this act.
  S 57. Pending actions and proceedings. No action or proceeding pending
at  the  time  when this act shall take effect brought by or against the
crime victims board relating to the functions,  powers,  obligations  or
duties  transferred  to  or  devolved upon the office of victim services
shall be affected by this  act,  but  the  same  may  be  prosecuted  or
defended in the name of the office of victim services and, upon applica-
tion to the court, the office of victim services shall be substituted as
a party.
  S 58. This act shall take effect immediately; provided, however, that:
  (a)  the amendments to subdivision (a) of section 483-ee of the social
services law made by section five of  this  act  shall  not  affect  the
repeal of such section and shall be deemed repealed therewith; and
  (b)  the  amendments  to  subdivisions 7 and 8 of section 500-c of the
correction law made by section forty-three of this act shall not  affect
the repeal of such section and shall be deemed repealed therewith.

                                 PART B

  Section 1. Section 20 of the executive law, as added by chapter 640 of
the laws of 1978, paragraph a of subdivision 2 as amended by chapter 781
of the laws of 1988, is amended to read as follows:
  S 20. Natural and man-made disasters; policy; definitions. 1. It shall
be the policy of the state that:
  a. local government and emergency service organizations continue their
essential  role  as  the first line of defense in times of disaster, and
that the state provide appropriate supportive  services  to  the  extent
necessary;
  b.  local  chief  executives  take  an active and personal role in the
development and implementation of disaster preparedness programs and  be
vested  with authority and responsibility in order to insure the success
of such programs;
  c. state and local natural disaster and emergency  response  functions
be  coordinated  USING  RECOGNIZED  PRACTICES  IN INCIDENT MANAGEMENT in
order to bring the fullest protection and benefit to the people;
  d. state resources be organized and prepared for  immediate  effective
response  to  disasters which are beyond the capability of local govern-
ments and emergency service organizations; and
  e. state and local plans, organizational  arrangements,  and  response
capability  required  to execute the provisions of this article shall at
all times be the most effective that current circumstances and  existing
resources allow.
  2.  As used in this article the following terms shall have the follow-
ing meanings:
  a. "disaster" means occurrence or imminent threat of  wide  spread  or
severe  damage,  injury,  or loss of life or property resulting from any
natural or man-made causes, including, but not limited to, fire,  flood,
earthquake,  hurricane,  tornado, high water, landslide, mudslide, wind,
storm, wave action,  volcanic  activity,  epidemic,  air  contamination,
TERRORISM,  CYBER EVENT, blight, drought, infestation, explosion, radio-
logical accident,  NUCLEAR,  CHEMICAL,  BIOLOGICAL,  OR  BACTERIOLOGICAL
RELEASE, water contamination, bridge failure or bridge collapse.

S. 6606--B                         60                         A. 9706--C

  b. "state disaster emergency" means a period beginning with a declara-
tion  by  the governor that a disaster exists and ending upon the termi-
nation thereof.
  c. "municipality" means a public corporation as defined in subdivision
one  of  section sixty-six of the general construction law and a special
district as defined in subdivision sixteen of section one hundred two of
the real property tax law.
  d. "commission" means the  disaster  preparedness  commission  created
pursuant to section twenty-one of this article.
  e. "emergency services organization" means a public or private agency,
VOLUNTARY  organization  or  group  organized  and  functioning  for the
purpose of providing fire, medical, ambulance, rescue, housing, food  or
other services directed toward relieving human suffering, injury or loss
of  life  or  damage  to property as a result of an emergency, including
non-profit and  governmentally-supported  organizations,  but  excluding
governmental agencies.
  f. "chief executive" means:
  (1) a county executive or manager of a county;
  (2) in a county not having a county executive or manager, the chairman
or other presiding officer of the county legislative body;
  (3) a mayor of a city or village, except where a city or village has a
manager, it shall mean such manager; and
  (4)  a  supervisor  of  a  town, except where a town has a manager, it
shall mean such manager.
  G. "DISASTER EMERGENCY  RESPONSE  PERSONNEL"  MEANS  AGENCIES,  PUBLIC
OFFICERS,  EMPLOYEES, OR AFFILIATED VOLUNTEERS HAVING DUTIES AND RESPON-
SIBILITIES UNDER OR PURSUANT TO  A  COMPREHENSIVE  EMERGENCY  MANAGEMENT
PLAN.
  H.  "EMERGENCY  MANAGEMENT  DIRECTOR"  MEANS  THE  GOVERNMENT OFFICIAL
RESPONSIBLE FOR EMERGENCY PREPAREDNESS,  RESPONSE  AND  RECOVERY  FOR  A
COUNTY, CITY, TOWN, OR VILLAGE.
  S  2.  Section 21 of the executive law, as added by chapter 640 of the
laws of 1978, subdivision 1 as amended by chapter 346  of  the  laws  of
2002, subdivision 2 as amended by chapter 158 of the laws of 1994, para-
graph  c  of subdivision 3 as amended by chapter 42 of the laws of 2004,
and paragraphs f, g, h, i, and j of subdivision 3 as amended  and  para-
graph k of subdivision 3 as added by chapter 171 of the laws of 2006, is
amended to read as follows:
  S 21. Disaster  preparedness  commission established; meetings; powers
and duties.  1. There is hereby created in the  executive  department  a
disaster  preparedness  commission  consisting  of  the commissioners of
transportation, health, division of criminal  justice  services,  educa-
tion,  social  services,  economic development, agriculture and markets,
housing and community renewal, general  services,  labor,  environmental
conservation,  mental  health,  PARKS, RECREATION AND HISTORIC PRESERVA-
TION, CORRECTIONAL SERVICES AND CHILDREN AND FAMILY SERVICES, the presi-
dent of the New York state energy research  and  development  authority,
the  superintendents  of state police, insurance, banking, the secretary
of state, the state fire administrator, the chair of the public  service
commission,  the  adjutant  general,  the  [director]  DIRECTORS  of the
[state] OFFICES WITHIN THE DIVISION OF HOMELAND SECURITY  AND  EMERGENCY
SERVICES, THE office for technology, AND the [chairman] OFFICE OF VICTIM
SERVICES,  THE  CHAIRS of the thruway authority, THE METROPOLITAN TRANS-
PORTATION AUTHORITY, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY,  the
chief  professional  officer  of  the  state coordinating chapter of the
American Red Cross and three additional members, to be appointed by  the

S. 6606--B                         61                         A. 9706--C

governor, two of whom shall be chief executives.  EACH MEMBER AGENCY MAY
DESIGNATE  AN  OFFICER  OF THAT AGENCY, WITH RESPONSIBILITY FOR DISASTER
PREPAREDNESS MATTERS, WHO MAY REPRESENT THAT AGENCY ON  THE  COMMISSION.
The  COMMISSIONER  OF  THE  DIVISION  OF HOMELAND SECURITY AND EMERGENCY
SERVICES SHALL SERVE AS CHAIR OF THE COMMISSION, AND THE governor  shall
designate  the VICE chair of the commission.  The members of the commis-
sion, except those who serve ex officio, shall be allowed  their  actual
and necessary expenses incurred in the performance of their duties under
this  article  but shall receive no additional compensation for services
rendered pursuant to this article.
  2. The commission, on call of the chairperson,  shall  meet  at  least
twice  each year and at such other times as may be necessary. The agenda
and meeting place of all regular meetings shall be made available to the
public in advance of such meetings and all such meetings shall  be  open
to  the  public.  The commission shall establish quorum requirements and
other rules and procedures regarding conduct of its meetings  and  other
affairs.  [The  adjutant general shall serve as secretary to the commis-
sion and provide staff services as may be necessary  through  the  state
emergency management office.]
  3.  The  commission  shall  have the following powers and responsibil-
ities:
  a. study all aspects  of  man-made  or  natural  disaster  prevention,
response and recovery;
  b.  request  and  obtain from any state or local officer or agency any
information necessary to the commission for the exercise of its  respon-
sibilities;
  c.  prepare  [state disaster preparedness plans, to be approved by the
governor, and review such plans and report thereon] AND, AS APPROPRIATE,
REVISE A STATE COMPREHENSIVE EMERGENCY MANAGEMENT PLAN.  THE  COMMISSION
SHALL  REPORT  ALL  REVISIONS TO SUCH PLAN by March thirty-first of each
year to the governor, the legislature and the chief judge of the  state,
UNLESS  A  CURRENT VERSION OF THE PLAN IS AVAILABLE TO THE PUBLIC ON THE
WEBSITE OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.  In
preparing such plans, the commission  shall  consult  with  federal  and
local  officials,  emergency service organizations INCLUDING BOTH VOLUN-
TEER AND COMMERCIAL EMERGENCY RESPONSE ORGANIZATIONS, and the public  as
it  deems  appropriate.  To  the  extent such plans impact upon adminis-
tration of the civil and criminal justice systems of the state,  includ-
ing  their  operational and fiscal needs in times of disaster emergency,
the commission, its staff and any working group, task force,  agency  or
other  instrumentality to which it may delegate responsibility to assist
it in its duties shall consult  with  the  chief  administrator  of  the
courts  and  coordinate their preparation with him or her or with his or
her representatives;
  d. prepare, keep current and distribute to chief executives and others
an inventory of programs directly relevant to  prevention,  minimization
of  damage, readiness, operations during disasters, and recovery follow-
ing disasters;
  e. direct state disaster  operations  and  coordinate  state  disaster
operations with local disaster operations following the declaration of a
state disaster emergency;
  f.  unless  it deems it unnecessary, create, following the declaration
of a state disaster emergency, a temporary organization in the  disaster
area  to  provide  for integration and coordination of efforts among the
various federal, state, municipal and  private  agencies  involved.  The
commission, upon a finding that a municipality is unable to manage local

S. 6606--B                         62                         A. 9706--C

disaster  operations, may, with the approval of the governor, direct the
temporary organization to assume direction of the local  disaster  oper-
ations of such municipality, for a specified period of time, and in such
cases  such  temporary organization shall assume direction of such local
disaster operations, subject to the supervision of the commission.    In
such  event, such temporary organization may utilize such municipality's
local resources, provided, however, that the state shall not  be  liable
for any expenses incurred in using such municipality's resources;
  g.  assist in the coordination of federal recovery efforts and coordi-
nate recovery assistance by state and private agencies;
  h. provide for periodic briefings, drills, exercises or other means to
assure that all state personnel  with  direct  responsibilities  in  the
event  of a disaster are fully familiar with response and recovery plans
and the manner in which they shall carry out their responsibilities, and
coordinate with federal, local or other state personnel. Such activities
may take place on a regional or county  basis,  and  local  and  federal
participation shall be invited and encouraged;
  i.  submit to the governor, the legislature and the chief judge of the
state by March thirty-first of each year an annual  report  which  shall
include but need not be limited to:
  (1)  a  summary of commission and state agency activities for the year
and plans for the ensuing year with respect to the duties and  responsi-
bilities of the commission;
  (2)  recommendations  on ways to improve state and local capability to
prevent, prepare for, respond to and recover from disasters;
  (3) the status of the state and local plans for disaster  preparedness
and  response,  including  the  name of any locality which has failed or
refused to develop and implement its own disaster preparedness plan  and
program;  AND  THE EXTENT TO WHICH ALL FORMS OF LOCAL EMERGENCY RESPONSE
ASSETS HAVE BEEN INCLUDED, AND ACCOUNTED FOR IN PLANNING AND PREPARATION
FOR DISASTER PREPAREDNESS AND RESPONSE; AND
  j. [coordinate and, to the extent  possible  and  feasible,  integrate
commission  activities,  responsibilities  and  duties with those of the
civil defense commission; and
  k.] develop public service announcements to be  distributed  to  tele-
vision and radio stations and other media throughout the state informing
the  public how to prepare and respond to disasters. Such public service
announcements shall be distributed in English and such  other  languages
as such commission deems appropriate.
  4.  ALL  POWERS  OF THE STATE CIVIL DEFENSE COMMISSION ARE ASSIGNED TO
THE COMMISSION.
  5. THE OFFICE OF EMERGENCY MANAGEMENT WITHIN THE DIVISION OF  HOMELAND
SECURITY  AND  EMERGENCY  SERVICES  SHALL  SERVE AS THE STAFF ARM OF THE
COMMISSION AND SHALL BE RESPONSIBLE FOR IMPLEMENTING PROVISIONS OF  THIS
ARTICLE AND THE RULES AND POLICIES ADOPTED BY THE COMMISSION.
  S  3.  Subdivision  3  of section 22 of the executive law, as added by
chapter 640 of the laws of  1978,  subparagraph  8  of  paragraph  b  as
amended by chapter 42 of the laws of 2004 and subparagraphs 14 and 15 of
paragraph  b  as  amended and subparagraph 16 of paragraph b as added by
chapter 677 of the laws of 2006, is amended to read as follows:
  3. Such plans shall be prepared with such assistance from other  agen-
cies  as  the  commission deems necessary, and shall include, but not be
limited to:
  a. Disaster prevention AND MITIGATION.  Plans to prevent and  minimize
the effects of disasters shall include, but not be limited to:

S. 6606--B                         63                         A. 9706--C

  (1) identification of [potential disasters and disaster sites] HAZARDS
AND ASSESSMENT OF RISK;
  (2) recommended disaster prevention AND MITIGATION projects, policies,
priorities  and programs, with suggested implementation schedules, which
outline federal, state and local roles;
  (3) suggested revisions and additions to building  and  safety  codes,
and zoning and other land use programs;
  (4)  suggested  ways  in  which  state  agencies can provide technical
assistance to  municipalities  in  the  development  of  local  disaster
prevention AND MITIGATION plans and programs;
  (5)  such other measures as reasonably can be taken to [prevent disas-
ters or mitigate their impact] PROTECT  LIVES,  PREVENT  DISASTERS,  AND
REDUCE THE IMPACT OF DISASTERS.
  b.  Disaster  response.  Plans  to coordinate the use of resources and
manpower for service during and after disaster emergencies and to deliv-
er services to aid citizens and reduce human suffering resulting from  a
disaster emergency shall include, but not be limited to:
  (1)  [centralized]  coordination  of resources, manpower and services,
USING RECOGNIZED PRACTICES IN INCIDENT MANAGEMENT AND utilizing existing
organizations and  lines  of  authority  and  centralized  direction  of
requests for assistance;
  (2)  the  location, procurement, construction, processing, transporta-
tion, storing, maintenance, renovation, distribution, DISPOSAL or use of
materials, INCLUDING THOSE DONATED, AND facilities and services;
  (3) a system for warning populations who are or may be endangered;
  (4) arrangements for activating state, municipal and volunteer forces,
through normal chains of command so far as possible  and  for  continued
communication and reporting;
  (5) a specific plan for rapid and efficient communication, and for the
integration  of  state  communication facilities during a state disaster
emergency, including the assignment of responsibilities and  the  estab-
lishment  of  communication  priorities,  and  liaison  with  municipal,
private and federal communication facilities;
  (6) a plan for coordinated evacuation procedures, including the estab-
lishment of temporary housing and other necessary facilities;
  (7) criteria for establishing priorities with respect to the  restora-
tion of vital services and debris removal;
  (8) plans for the continued effective operation of the civil and crim-
inal justice systems;
  (9)  provisions  for training state and local government personnel and
volunteers in disaster response operations;
  (10) providing information to the public;
  (11) care for the injured and needy and identification and disposition
of the dead;
  (12) utilization and coordination of programs  to  assist  victims  of
disasters,  with  particular  attention  to  the  needs of the poor, the
elderly, [the  handicapped]  INDIVIDUALS  WITH  DISABILITIES  and  other
groups which may be especially affected;
  (13) control of ingress and egress to and from a disaster area;
  (14) arrangements to administer federal disaster assistance;
  (15)  a  system  for obtaining and coordinating [disaster information]
SITUATIONAL AWARENESS including the centralized assessment  of  disaster
effects and resultant needs; and
  (16)  utilization  and  coordination of programs to assist individuals
with household pets and  service  animals  following  a  disaster,  with

S. 6606--B                         64                         A. 9706--C

particular  attention to means of evacuation, shelter and transportation
options.
  c.  Recovery.  Plans  to  provide for recovery and redevelopment after
disaster emergencies shall include, but not be limited to:
  (1)  measures  to  coordinate  state  agency  assistance  in  recovery
efforts;
  (2) arrangements to administer federal recovery assistance; and
  (3)  such  other  measures as reasonably can be taken to assist in the
development and implementation of local disaster recovery plans.
  S 4. Section 23 of the executive law, as added by chapter 640  of  the
laws  of  1978,  subdivision  1 as amended by chapter 603 of the laws of
1993, subdivision 5 and subparagraph 8 of paragraph b of  subdivision  7
as  amended  by chapter 42 of the laws of 2004, and subparagraphs 16 and
17 of paragraph b of subdivision 7 as amended  and  subparagraph  18  of
paragraph  b  of  subdivision  7  as added by chapter 677 of the laws of
2006, is amended to read as follows:
  S 23. Local [disaster preparedness] COMPREHENSIVE EMERGENCY MANAGEMENT
plans.  1. Each county, except those contained within the  city  of  New
York, and each city, town and village is authorized to prepare [disaster
preparedness]  COMPREHENSIVE  EMERGENCY  MANAGEMENT  plans. The disaster
preparedness commission shall provide  assistance  and  advice  for  the
development of such plans. City, town and village plans shall be coordi-
nated with the county plan.
  2. The purpose of such plans shall be to minimize the effect of disas-
ters by (i) identifying appropriate local measures to prevent disasters,
(ii)  developing mechanisms to coordinate the use of local resources and
manpower for service during and after  disasters  and  the  delivery  of
services  to  aid  citizens  and reduce human suffering resulting from a
disaster, and (iii)  providing  for  recovery  and  redevelopment  after
disasters.
  3.  Plans  for  coordination of resources, manpower and services shall
provide for a centralized coordination and  direction  of  requests  for
assistance.
  4.  Plans for coordination of assistance shall provide for utilization
of existing organizations and lines of authority.
  5. In preparing such plans, cooperation, advice and  assistance  shall
be  sought  from local government officials, regional and local planning
agencies, police agencies, fire departments and  fire  companies,  local
[civil  defense] EMERGENCY MANAGEMENT agencies, commercial and volunteer
ambulance services, health  and  social  services  officials,  community
action  agencies,  the  chief administrator of the courts, organizations
for the elderly and the handicapped, other  interested  groups  and  the
general  public.  Such  advice  and  assistance  may be obtained through
public hearings held on public  notice,  or  through  other  appropriate
methods.
  6.  All  plans  for  [disaster  preparedness]  COMPREHENSIVE EMERGENCY
MANAGEMENT developed by local governments or any revisions thereto shall
be submitted to the commission by December thirty-first of each year  to
facilitate state coordination of disaster operations.
  7. Such plans shall include, but not be limited to:
  a.  Disaster prevention AND MITIGATION.  Plans to prevent and minimize
the effects of disasters shall include, but not be limited to:
  (1) [identification of potential disasters and disaster  sites]  IDEN-
TIFICATION OF HAZARDS AND ASSESSMENT OF RISK;

S. 6606--B                         65                         A. 9706--C

  (2) recommended disaster prevention AND MITIGATION projects, policies,
priorities  and programs, with suggested implementation schedules, which
outline federal, state and local roles;
  (3) suggested revisions and additions to building and safety codes and
zoning and other land use programs;
  (4)  such other measures as reasonably can be taken to [prevent disas-
ters or mitigate their impact] PROTECT  LIVES,  PREVENT  DISASTERS,  AND
REDUCE THEIR IMPACT.
  b.  Disaster  response.  Plans  to coordinate the use of resources and
manpower for service during and after disasters and to deliver  services
to  aid  citizens  and  reduce human suffering resulting from a disaster
shall include, but not be limited to:
  (1) [centralized] coordination of resources,  manpower  and  services,
USING  RECOGNIZED  PRACTICES  IN INCIDENT MANAGEMENT, utilizing existing
organizations and  lines  of  authority  and  centralized  direction  of
requests for assistance;
  (2)  the  location, procurement, construction, processing, transporta-
tion, storing, maintenance, renovation, distribution, DISPOSAL or use of
materials, INCLUDING THOSE DONATED, AND facilities  and  services  which
may be required in time of disaster;
  (3) a system for warning populations who are or may be endangered;
  (4)  arrangements  for  activating  municipal  and  volunteer  forces,
through normal chains of command so far as possible, and  for  continued
communication and reporting;
  (5)  a specific plan for rapid and efficient communication and for the
integration of local communication facilities during a disaster  includ-
ing the assignment of responsibilities and the establishment of communi-
cation priorities and liaison with municipal, private, state and federal
communication facilities;
  (6) a plan for coordination evacuation procedures including the estab-
lishment of temporary housing and other necessary facilities;
  (7)  criteria for establishing priorities with respect to the restora-
tion of vital services and debris removal;
  (8) plans for the continued effective operation of the civil and crim-
inal justice systems;
  (9) provisions for training local government personnel and  volunteers
in disaster response operations;
  (10) providing information to the public;
  (11) care for the injured and needy and identification and disposition
of the dead;
  (12)  utilization  and  coordination  of programs to assist victims of
disasters, with particular attention to  the  needs  of  the  poor,  the
elderly,  [the  handicapped]  INDIVIDUALS  WITH  DISABILITIES  and other
groups which may be especially affected;
  (13) control of ingress and egress to and from a disaster area;
  (14) arrangements to administer state and federal disaster assistance;
  (15) procedures under which the county, city, town, village  or  other
political subdivision and emergency organization personnel and resources
will be used in the event of a disaster;
  (16)  a  system  for  obtaining  and coordinating disaster information
including the centralized  assessment  of  local  disaster  effects  and
resultant needs;
  (17) continued operation of governments of political subdivisions; and
  (18)  utilization  and  coordination of programs to assist individuals
with household pets and  service  animals  following  a  disaster,  with

S. 6606--B                         66                         A. 9706--C

particular  attention to means of evacuation, shelter and transportation
options.
  c.  Recovery.  Local  plans  to provide for recovery and redevelopment
after disasters shall include, but not be limited to:
  (1) recommendations for replacement, reconstruction, removal or  relo-
cation  of  damaged  or destroyed public or private facilities, proposed
new or amendments to zoning, subdivision,  building,  sanitary  or  fire
prevention  regulations and recommendations for economic development and
community development in order to minimize the impact of  any  potential
future disasters on the community.
  (2)  provision  for  cooperation  with  state  and federal agencies in
recovery efforts.
  (3) provisions for training and educating local disaster officials  or
organizations  in  the preparation of applications for federal and state
disaster recovery assistance.
  S 5. Paragraph f of subdivision 1 of section 24 of the executive  law,
as  added  by  chapter  158  of  the laws of 1994, is amended to read as
follows:
  f. the establishment or designation of  emergency  shelters  [and/or],
emergency  medical  shelters, AND IN CONSULTATION WITH THE STATE COMMIS-
SIONER OF HEALTH, ALTERNATE MEDICAL CARE SITES;
  S 6. Subdivisions 2 and 3 of section 26 of the executive law, subdivi-
sion 2 as added by chapter 640 of the laws of 1978 and subdivision 3  as
amended  by  chapter  158  of  the  laws of 1994, are amended to read as
follows:
  2. Coordination of assistance shall utilize existing organizations and
lines of authority and shall utilize any [disaster preparedness or civil
defense plans] COMPREHENSIVE EMERGENCY MANAGEMENT PLANS prepared by  the
affected municipality.
  3. A chief executive or any elected or appointed county, city, town or
village  official shall not be held responsible for acts or omissions of
municipal employees, disaster preparedness forces or civil defense forc-
es when performing disaster assistance pursuant to a  declared  disaster
emergency or when exercising [disaster preparedness] COMPREHENSIVE EMER-
GENCY MANAGEMENT plans.
  S 7. Section 29-b of the executive law, as added by chapter 640 of the
laws of 1978, is amended to read as follows:
  S 29-b. Use  of  [civil  defense  forces]  DISASTER EMERGENCY RESPONSE
PERSONNEL in disasters. 1. The governor may, in his OR  HER  discretion,
direct  the  state  [civil  defense  commission]  DISASTER  PREPAREDNESS
COMMISSION to conduct [a civil defense drill] AN EMERGENCY  EXERCISE  OR
DRILL,  under  its  direction, in which all or any of the [civil defense
forces] PERSONNEL AND RESOURCES OF THE AGENCIES OF THE COMMISSION of the
state may be utilized to perform the duties assigned to them in a [civil
defense emergency] DISASTER, for the purpose of protecting and  preserv-
ing  human life or property in a disaster. [In such event, civil defense
forces] DURING A DISASTER OR SUCH DRILL OR EXERCISE, DISASTER  EMERGENCY
RESPONSE  PERSONNEL  in  the state shall operate under the direction and
command of the [state director of civil defense] CHAIR OF  SUCH  COMMIS-
SION,  and shall possess the same powers, duties, rights, privileges and
immunities as are applicable in a civil defense drill held at the direc-
tion of the state civil defense commission under the provisions  of  the
New York state defense emergency act.
  2.  Local  use  of  [civil defense forces] DISASTER EMERGENCY RESPONSE
PERSONNEL. a. Upon the threat or occurrence of a  disaster,  and  during
and  immediately following the same, and except as otherwise provided in

S. 6606--B                         67                         A. 9706--C

paragraph d of this subdivision, the county chief executive  may  direct
the  [civil  defense director] EMERGENCY MANAGEMENT DIRECTOR of a county
to assist in the protection and preservation of human life  or  property
by  [holding a civil defense drill and training exercise at the scene of
the disaster and at any other appropriate places within the  county,  in
which  all  or any civil defense forces may be called upon] CALLING UPON
DISASTER EMERGENCY RESPONSE PERSONNEL EMPLOYED  BY  OR  SUPPORTING  THAT
COUNTY,  AS  SPECIFIED  IN THE COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT
PLAN, to perform the [civil defense] EMERGENCY RESPONSE duties  assigned
to them.
  b. The [civil defense forces] DISASTER EMERGENCY RESPONSE PERSONNEL of
the  county  shall  be  regarded as a reserve disaster force to be acti-
vated, in whole [in] OR in part, by the county [civil defense  director]
EMERGENCY  MANAGEMENT  DIRECTOR  upon  the direction of the county chief
executive when the county chief executive, in his OR HER discretion,  is
convinced  that  the  personnel  and  resources  of  local municipal and
private agencies normally available for disaster assistance are insuffi-
cient adequately to cope with the disaster.
  c. Except as provided in paragraph d of this subdivision,  the  county
chief executive may exercise the power conferred upon him in paragraph a
of this subdivision, or may deactivate the [civil defense forces] DISAS-
TER  EMERGENCY  RESPONSE PERSONNEL of the county in whole or in part, on
his own motion or upon the request of the chief executive officer  of  a
village,  town or city located within the county of which he is an offi-
cer.
  d. Where the local office of [civil defense] PUBLIC SAFETY OR EMERGEN-
CY MANAGEMENT in a city is independent of the county  office  of  [civil
defense]  PUBLIC  SAFETY OR EMERGENCY MANAGEMENT and is not consolidated
therewith, the county chief executive  may  direct  the  [civil  defense
director]  EMERGENCY MANAGEMENT DIRECTOR of the county to render assist-
ance within such city only when the chief executive officer of such city
has certified to him that the [civil defense forces] DISASTER  EMERGENCY
RESPONSE  PERSONNEL  of  the  city  have  been activated pursuant to the
provisions of subdivision three of this section and that  all  resources
available locally are insufficient adequately to cope with the disaster.
  e. When performing disaster assistance pursuant to this section, coun-
ty  [civil  defense  forces] DISASTER EMERGENCY RESPONSE PERSONNEL shall
operate under the direction and command of the  county  [civil  defense]
EMERGENCY  MANAGEMENT  director and his OR HER duly authorized deputies,
and shall possess the same powers, duties, rights, privileges and  immu-
nities  they  would  possess  when  performing their duties in a locally
sponsored civil defense drill or training exercise in the civil or poli-
tical subdivision in which  they  are  enrolled,  employed  or  assigned
[civil defense] EMERGENCY RESPONSE responsibilities.
  f.  The chief executive officer of a city shall be responsible for the
conduct of disaster operations within the city, including the operations
directed by the county [civil  defense]  EMERGENCY  MANAGEMENT  director
when  rendering  disaster  assistance  within  a  city  pursuant to this
section.
  g. Outside of a city, the sheriff of the county, and in Nassau  county
the  commissioner of police of the county of Nassau, shall supervise the
operations of the [civil defense director] EMERGENCY MANAGEMENT DIRECTOR
when rendering peace officer duties incident to disaster assistance. The
sheriff and such commissioner may delegate such supervisory power to  an
elected or appointed town or village official in the area affected.

S. 6606--B                         68                         A. 9706--C

  h. Neither the chief executive officer of a city, nor the county chief
executive, nor any elected or appointed town or village official to whom
the  county chief executive has delegated supervisory power as aforesaid
shall be held responsible for acts or omissions of [civil defense  forc-
es]  DISASTER  EMERGENCY  RESPONSE  PERSONNEL  when  performing disaster
assistance.
  3. City use of [civil  defense  forces]  DISASTER  EMERGENCY  RESPONSE
PERSONNEL.  a.  Upon  the threat or occurrence of a disaster, and during
and immediately following the same, and except as otherwise provided  in
paragraph  d  of  this  subdivision,  the  chief executive of a city may
direct the [civil defense] EMERGENCY MANAGEMENT director of the city  to
assist  in  the protection and preservation of human life or property by
[holding a civil defense drill and training exercise at the scene of the
disaster and at any other appropriate places within the city,  in  which
all  or  any  civil defense forces may be called upon] CALLING UPON CITY
DISASTER EMERGENCY RESPONSE PERSONNEL to  perform  the  [civil  defense]
EMERGENCY RESPONSE duties assigned to them.
  b. The [civil defense forces] DISASTER EMERGENCY RESPONSE PERSONNEL of
the  city shall be regarded as a reserve disaster force to be activated,
in whole or in part, by the city [civil  defense]  EMERGENCY  MANAGEMENT
director  upon  the direction of the chief executive officer of the city
when the latter, in his OR HER discretion, is convinced that the person-
nel and resources of  local  municipal  and  private  agencies  normally
available  for  disaster  assistance are insufficient adequately to cope
with the disaster.
  c. Except as provided in paragraph d of this  subdivision,  the  chief
executive officer of a city may exercise the power conferred upon him in
paragraph  a  of  this subdivision, or may deactivate the [civil defense
forces] DISASTER EMERGENCY RESPONSE PERSONNEL of the city in whole or in
part, on his own motion or upon the request of  the  head  of  the  city
police force.
  d. Where the local office of [civil defense] EMERGENCY MANAGEMENT in a
city  is under the jurisdiction of a consolidated county office of civil
defense as provided in the New York state  defense  emergency  act,  the
chief  executive  officer  of such city seeking the assistance of [civil
defense forces] DISASTER EMERGENCY RESPONSE PERSONNEL in the  protection
and  preservation  of human life or property within such city because of
such disaster, must request the same from the county chief executive  in
which  such  city is located, in the same manner as provided for assist-
ance to towns and villages in subdivision two of this section.
  e. When performing disaster assistance pursuant to  this  subdivision,
[city  civil defense forces] DISASTER EMERGENCY RESPONSE PERSONNEL shall
operate under the direction and  command  of  the  city  [civil  defense
director]  EMERGENCY  MANAGEMENT DIRECTOR and his OR HER duly authorized
deputies, and shall possess the same powers, duties, rights, privileges,
and immunities they would possess when  performing  their  duties  in  a
locally  sponsored  civil defense drill or training exercise in the city
in which they are enrolled, employed or assigned [civil  defense]  EMER-
GENCY RESPONSE responsibilities.
  f.  Where  the city [civil defense forces] DISASTER EMERGENCY RESPONSE
PERSONNEL have been directed to  assist  in  local  disaster  operations
pursuant  to  paragraph  a  of this subdivision, and the chief executive
officer of the city is convinced that the  personnel  and  resources  of
local  municipal  and  private  agencies normally available for disaster
assistance, including local [civil defense  forces]  DISASTER  EMERGENCY
RESPONSE  PERSONNEL, are insufficient adequately to cope with the disas-

S. 6606--B                         69                         A. 9706--C

ter, he OR SHE may certify the fact to the county  chief  executive  and
request  the county chief executive to direct the county [civil defense]
EMERGENCY MANAGEMENT director to  render  assistance  in  the  city,  as
provided in subdivision two of this section.
  g.  The chief executive officer of a city shall be responsible for the
conduct of disaster operations within the city, including the operations
directed by the county [civil defense]  EMERGENCY  MANAGEMENT  director,
when rendering disaster assistance within a city pursuant to this subdi-
vision.
  h. Neither the chief executive officer of a city, nor the county chief
executive,  shall  be  held  responsible for acts or omissions of [civil
defense forces] DISASTER EMERGENCY RESPONSE  PERSONNEL  when  performing
disaster assistance.
  S  8.  Paragraph (e) of subdivision 1 of section 29-e of the executive
law, as added by chapter 603 of the laws of 1993, is amended to read  as
follows:
  (e)  "The  [state] OFFICE OF emergency management [office]" shall mean
the office within the [office of military and naval affairs that assists
the disaster preparedness commission  in  implementing  the  powers  and
duties  of  the  disaster  preparedness commission] DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES.
  S 9. Paragraphs (a), (f) and (g) of subdivision 3 of section  29-e  of
the  executive  law,  as  added  by chapter 603 of the laws of 1993, are
amended to read as follows:
  (a) Upon  the  issuance  of  a  declaration  of  significant  economic
distress  due to unanticipated natural disaster by the governor, a muni-
cipality recognized by the governor as being affected by  such  disaster
which  occurred on or after December first, nineteen hundred ninety-two,
may apply to the [state emergency management office] DIVISION  OF  HOME-
LAND  SECURITY  AND  EMERGENCY  SERVICES  on  a  form prescribed by such
office, for reimbursement from the state's contingency reserve fund  for
reimbursement  of  extraordinary and unanticipated costs associated with
the reconstruction or repair of public buildings, facilities or  infras-
tructure.
  (f) In providing assistance pursuant to this section, the [state emer-
gency  management  office]  DIVISION  OF HOMELAND SECURITY AND EMERGENCY
SERVICES may give preference to applicants which demonstrate the  great-
est  need  or  which  document  that such assistance will be utilized to
bring the applicant into compliance with federal or state law.
  (g) In the event that amounts appropriated are insufficient to provide
for full reimbursement of  all  extraordinary  and  unanticipated  costs
incurred  by  such  municipality  approved for reimbursement pursuant to
this section, the [state emergency management office] DIVISION OF  HOME-
LAND SECURITY AND EMERGENCY SERVICES is authorized to provide a pro rata
share of the appropriations, appropriated herein, to such municipality.
  S  10.  Paragraphs (a) and (b) of subdivision 4 of section 29-e of the
executive law, as added by chapter 603 of the laws of 1993, are  amended
to read as follows:
  (a)  The  [adjutant  general] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES as defined in article [nine]  TWENTY-SIX
of  this  chapter  with  the [advise] ADVICE and consent of the disaster
preparedness commission created pursuant to this article, shall have the
power to make such rules and regulations as may be necessary and  proper
to effectuate the purposes of this section.
  (b)  The  [adjutant  general] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES shall by March fifteenth  of  each  year

S. 6606--B                         70                         A. 9706--C

report to the governor and the legislature describing the activities and
operation  of  the program authorized by this section. Such report shall
set  forth  the  number  of  reimbursement  applications  received   and
approved;  the  identities  of  the counties, cities, towns and villages
receiving reimbursement together with the  amount  and  purpose  of  the
reimbursement.
  S  10-a.  The executive law is amended by adding a new section 29-h to
read as follows:
  S 29-H. INTRASTATE MUTUAL AID PROGRAM. 1. CREATION.  THERE  IS  HEREBY
CREATED  THE INTRASTATE MUTUAL AID PROGRAM TO COMPLEMENT EXISTING MUTUAL
AID AGREEMENTS IN THE EVENT OF A  DISASTER  THAT  RESULTS  IN  A  FORMAL
DECLARATION  OF  AN  EMERGENCY  BY A PARTICIPATING LOCAL GOVERNMENT. ALL
LOCAL GOVERNMENTS WITHIN THE STATE, EXCEPTING THOSE WHICH  AFFIRMATIVELY
CHOOSE  NOT  TO  PARTICIPATE IN ACCORDANCE WITH SUBDIVISION FOUR OF THIS
SECTION, ARE DEEMED TO BE PARTICIPANTS IN THE PROGRAM.
  2. DEFINITIONS. AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS:
  A.  "EMPLOYEE"  MEANS  ANY  PERSON  HOLDING  A  POSITION  BY ELECTION,
APPOINTMENT, OR EMPLOYMENT BY A LOCAL GOVERNMENT;
  B. "LOCAL GOVERNMENT" MEANS ANY COUNTY, CITY, TOWN OR VILLAGE  OF  THE
STATE;
  C.  "LOCAL  EMERGENCY  MANAGEMENT  OFFICER" MEANS THE LOCAL GOVERNMENT
OFFICIAL RESPONSIBLE FOR EMERGENCY PREPAREDNESS, RESPONSE AND RECOVERY;
  D. "REQUESTING LOCAL GOVERNMENT" MEANS THE LOCAL GOVERNMENT THAT  ASKS
ANOTHER  LOCAL GOVERNMENT FOR ASSISTANCE DURING A DECLARED EMERGENCY, OR
FOR THE PURPOSES OF CONDUCTING TRAINING, OR UNDERTAKING A DRILL OR EXER-
CISE;
  E. "ASSISTING LOCAL GOVERNMENT" MEANS ONE OR  MORE  LOCAL  GOVERNMENTS
THAT  PROVIDE  ASSISTANCE  PURSUANT  TO  A REQUEST FOR ASSISTANCE FROM A
REQUESTING LOCAL GOVERNMENT DURING A  DECLARED  EMERGENCY,  OR  FOR  THE
PURPOSES OF CONDUCTING TRAINING, OR UNDERTAKING A DRILL OR EXERCISE; AND
  F. "DISASTER" SHALL HAVE THE SAME MEANING AS IN SECTION TWENTY OF THIS
ARTICLE.
  3.  INTRASTATE  MUTUAL  AID  PROGRAM  COMMITTEE ESTABLISHED; MEETINGS;
POWERS AND DUTIES. A.  THERE  IS  HEREBY  CREATED  WITHIN  THE  DISASTER
PREPAREDNESS  COMMISSION AN INTRASTATE MUTUAL AID PROGRAM COMMITTEE, FOR
PURPOSES OF THIS SECTION TO BE REFERRED TO AS THE COMMITTEE, WHICH SHALL
BE CHAIRED BY THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY  AND
EMERGENCY  SERVICES, AND SHALL INCLUDE THE STATE FIRE ADMINISTRATOR, THE
COMMISSIONER OF HEALTH, AND THE COMMISSIONER OF AGRICULTURE AND MARKETS,
PROVIDED THAT EACH SUCH OFFICIAL MAY APPOINT A DESIGNEE TO SERVE IN  HIS
OR  HER  PLACE  ON THE COMMITTEE.  THE COMMITTEE SHALL ALSO INCLUDE FIVE
REPRESENTATIVES FROM LOCAL PUBLIC SAFETY OR EMERGENCY RESPONSE AGENCIES,
WHO SHALL SERVE A MAXIMUM TWO-YEAR TERM, TO BE APPOINTED BY THE  COMMIS-
SIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, WITH
REGARD  TO  A BALANCE OF GEOGRAPHIC REPRESENTATION AND DISCIPLINE EXPER-
TISE.
  B. THE COMMITTEE, ON THE CALL OF THE CHAIRPERSON, SHALL MEET AT  LEAST
TWICE  EACH YEAR AND AT SUCH OTHER TIMES AS MAY BE NECESSARY. THE AGENDA
AND MEETING PLACE OF ALL REGULAR MEETINGS SHALL BE MADE AVAILABLE TO THE
PUBLIC IN ADVANCE OF SUCH MEETINGS AND ALL SUCH MEETINGS SHALL  BE  OPEN
TO THE PUBLIC.
  C. THE COMMITTEE SHALL HAVE THE FOLLOWING POWERS AND RESPONSIBILITIES:
  (1)  TO  PROMULGATE RULES AND REGULATIONS, ACTING THROUGH THE DIVISION
OF HOMELAND SECURITY AND EMERGENCY SERVICES, TO IMPLEMENT THE INTRASTATE
MUTUAL AID PROGRAM AS DESCRIBED IN THIS SECTION;

S. 6606--B                         71                         A. 9706--C

  (2) TO DEVELOP POLICIES, PROCEDURES AND GUIDELINES ASSOCIATED WITH THE
PROGRAM, INCLUDING A PROCESS FOR THE REIMBURSEMENT  OF  ASSISTING  LOCAL
GOVERNMENTS BY REQUESTING LOCAL GOVERNMENTS;
  (3) TO EVALUATE THE USE OF THE INTRASTATE MUTUAL AID PROGRAM;
  (4) TO EXAMINE ISSUES FACING PARTICIPATING LOCAL GOVERNMENTS REGARDING
THE IMPLEMENTATION OF THE INTRASTATE MUTUAL AID PROGRAM; AND
  (5)  TO  PREPARE  REPORTS  TO  THE  DISASTER  PREPAREDNESS  COMMISSION
DISCUSSING THE EFFECTIVENESS OF MUTUAL  AID  IN  THE  STATE  AND  MAKING
RECOMMENDATIONS  FOR  IMPROVING THE EFFICACY OF THE SYSTEM, IF APPROPRI-
ATE.
  4.  LOCAL  GOVERNMENT  PARTICIPATION  IN  THE  INTRASTATE  MUTUAL  AID
PROGRAM.  A.  A  LOCAL  GOVERNMENT  MAY  ELECT NOT TO PARTICIPATE IN THE
INTRASTATE MUTUAL AID PROGRAM, OR TO WITHDRAW FROM THE PROGRAM,  BY  ITS
GOVERNING  BODY  ENACTING  A  RESOLUTION DECLARING THAT IT ELECTS NOT TO
PARTICIPATE IN THE PROGRAM AND PROVIDING SUCH RESOLUTION TO THE DIVISION
OF HOMELAND SECURITY AND  EMERGENCY  SERVICES.    PARTICIPATION  IN  THE
PROGRAM  WILL  CONTINUE  UNTIL A COPY OF SUCH RESOLUTION IS RECEIVED AND
CONFIRMED BY THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
  B. A LOCAL GOVERNMENT THAT HAS DECLINED TO PARTICIPATE IN THE  PROGRAM
MAY,  ACTING  BY  RESOLUTION  THROUGH ITS GOVERNING BODY AND PROVIDING A
COPY OF THE RESOLUTION TO THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY SERVICES, ELECT TO PARTICIPATE IN THE PROGRAM.
  C. NOTHING IN THIS SECTION SHALL  PRECLUDE  A  LOCAL  GOVERNMENT  FROM
ENTERING  INTO  MUTUAL  AID  AGREEMENTS  WITH OTHER LOCAL GOVERNMENTS OR
OTHER ENTITIES WITH TERMS THAT SUPPLEMENT OR DIFFER FROM THE  PROVISIONS
OF THIS SECTION.
  D. NOTHING IN THIS SECTION SHALL AFFECT ANY OTHER AGREEMENT TO WHICH A
LOCAL  GOVERNMENT MAY CURRENTLY BE A PARTY, OR LATER ENTER INTO, INCLUD-
ING, BUT NOT LIMITED TO, THE STATE  FIRE  MOBILIZATION  AND  MUTUAL  AID
PLAN.
  5.  FIRE  RELATED  RESOURCES.    NOTWITHSTANDING  THE AUTHORITY VESTED
PURSUANT TO THIS SECTION, ALL FIRE RELATED RESOURCES SHALL  BE  ADMINIS-
TERED  PURSUANT  TO  SECTION TWO HUNDRED NINE-E OF THE GENERAL MUNICIPAL
LAW.
  6. REQUESTING ASSISTANCE UNDER THE INTRASTATE MUTUAL AID PROGRAM. A. A
PARTICIPATING LOCAL GOVERNMENT MAY REQUEST ASSISTANCE OF  OTHER  PARTIC-
IPATING  LOCAL  GOVERNMENTS IN PREVENTING, MITIGATING, RESPONDING TO AND
RECOVERING FROM DISASTERS THAT RESULT IN  LOCALLY-DECLARED  EMERGENCIES,
OR FOR THE PURPOSE OF CONDUCTING MULTI-JURISDICTIONAL OR REGIONAL TRAIN-
ING,  DRILLS OR EXERCISES.  REQUESTS FOR ASSISTANCE MAY BE MADE VERBALLY
OR IN WRITING; VERBAL REQUESTS SHALL BE MEMORIALIZED IN WRITING AS  SOON
THEREAFTER AS IS PRACTICABLE.
  B. ONCE AN EMERGENCY IS DECLARED AT THE COUNTY LEVEL, ALL REQUESTS AND
OFFERS  FOR  ASSISTANCE,  TO THE EXTENT PRACTICAL, SHALL BE MADE THROUGH
THE COUNTY EMERGENCY MANAGEMENT OFFICE, OR IN THE CASE OF  THE  CITY  OF
NEW  YORK,  THROUGH  THE CITY EMERGENCY MANAGEMENT OFFICE.  ALL REQUESTS
FOR ASSISTANCE SHOULD INCLUDE:
  (1) A DESCRIPTION OF THE DISASTER;
  (2) A DESCRIPTION OF THE ASSISTANCE NEEDED;
  (3) A DESCRIPTION OF THE MISSION FOR WHICH ASSISTANCE IS REQUESTED;
  (4) AN ESTIMATE OF THE LENGTH OF TIME THE ASSISTANCE WILL BE NEEDED;
  (5) THE SPECIFIC PLACE AND TIME FOR STAGING OF THE  ASSISTANCE  AND  A
POINT OF CONTACT AT THAT LOCATION; AND
  (6)  ANY OTHER INFORMATION THAT WILL ENABLE AN ASSISTING LOCAL GOVERN-
MENT TO RESPOND APPROPRIATELY TO THE REQUEST.

S. 6606--B                         72                         A. 9706--C

  C. ASSISTING LOCAL GOVERNMENTS SHALL SUBMIT TO  THE  REQUESTING  LOCAL
GOVERNMENT AN INVENTORY OF THE RESOURCES BEING DEPLOYED.
  D. THE WRITTEN REQUEST FOR ASSISTANCE AND ALL INVENTORIES OF RESOURCES
BEING  DEPLOYED  SHALL BE SUBMITTED TO THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES WITHIN THREE CALENDAR DAYS OF THE REQUEST FOR  OR
DEPLOYMENT OF SUCH RESOURCES.
  7.  DIVISION  OF HOMELAND SECURITY AND EMERGENCY SERVICES RESPONSIBIL-
ITIES UNDER THE INTRASTATE MUTUAL AID PROGRAM.  THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES SHALL PROVIDE NOTIFICATION  BY  MAIL  TO
EACH LOCAL GOVERNMENT WITH A COMPREHENSIVE DESCRIPTION OF THE INTRASTATE
MUTUAL AID PROGRAM, INCLUDING A STATEMENT THAT ALL LOCAL GOVERNMENTS ARE
PARTICIPANTS  OF  THE  PROGRAM UNLESS THEY EXPRESSLY OPT OUT PURSUANT TO
SUBDIVISION FOUR OF THIS SECTION; MAINTAIN A CURRENT LIST OF PARTICIPAT-
ING LOCAL GOVERNMENTS WITH THEIR AUTHORIZED REPRESENTATIVES AND  CONTACT
INFORMATION, AND PROVIDE A COPY OF THE LIST TO EACH OF THE PARTICIPATING
LOCAL  GOVERNMENTS  ON AN ANNUAL BASIS DURING THE SECOND QUARTER OF EACH
CALENDAR YEAR; MONITOR AND REPORT TO THE INTRASTATE MUTUAL  AID  PROGRAM
COMMITTEE  ON  THE  USE OF THE INTRASTATE MUTUAL AID PROGRAM; COORDINATE
THE PROVISION OF MUTUAL AID RESOURCES IN ACCORDANCE WITH THE  COMPREHEN-
SIVE EMERGENCY MANAGEMENT PLAN AND SUPPORTING PROTOCOLS; IDENTIFY MUTUAL
AID  BEST  PRACTICES; WHEN PRACTICAL, PROVIDE THE COMMITTEE WITH STATIS-
TICAL INFORMATION RELATED  TO  THE  USE  OF  MUTUAL  AID  DURING  RECENT
REGIONAL  DISASTER RESPONSES; AND ASSIST WITH THE DEVELOPMENT, IMPLEMEN-
TATION AND MANAGEMENT OF A STATE-WIDE RESOURCE TYPING SYSTEM.
  8. REIMBURSEMENT OF ASSISTING JURISDICTION BY REQUESTING JURISDICTION;
RESOLVING DISPUTES  REGARDING  REIMBURSEMENT.  A.  ANY  ASSISTING  LOCAL
GOVERNMENT  REQUESTING  AID  UNDER  THIS  PROGRAM  FOR  LOSS,  DAMAGE OR
EXPENSES INCURRED IN CONNECTION WITH THE PROVISION  OF  AID  THAT  SEEKS
REIMBURSEMENT BY THE REQUESTING LOCAL GOVERNMENT SHALL MAKE SUCH REQUEST
IN  ACCORDANCE  WITH  PROCEDURES  DEVELOPED BY THE INTRASTATE MUTUAL AID
COMMITTEE.
  B. WHERE A DISPUTE ARISES BETWEEN AN ASSISTING LOCAL GOVERNMENT AND  A
REQUESTING LOCAL GOVERNMENT REGARDING REIMBURSEMENT FOR LOSS, DAMAGES OR
EXPENSES  INCURRED  IN CONNECTION WITH THE PROVISION OF AID, THE PARTIES
WILL MAKE EVERY EFFORT TO RESOLVE THE  DISPUTE  WITHIN  THIRTY  BUSINESS
DAYS  OF WRITTEN NOTICE OF THE DISPUTE BY THE PARTY ASSERTING NONCOMPLI-
ANCE.
  9. LIABILITY. A. EACH LOCAL GOVERNMENT IS  RESPONSIBLE  FOR  PROCURING
AND MAINTAINING INSURANCE OR OTHER COVERAGE AS IT DEEMS APPROPRIATE.
  B.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  PROVIDE  ANY
PROTECTION AGAINST LIABILITY, OR TO CREATE ANY LIABILITY, FOR  AN  INDI-
VIDUAL  WHO  RESPONDS  TO  A  STATE  OF EMERGENCY WHERE AID HAS NOT BEEN
REQUESTED, OR WHERE AID HAS NOT  BEEN  AUTHORIZED  BY  THE  INDIVIDUAL'S
LOCAL GOVERNMENT.
  10.  OBLIGATION  OF  INSURERS.   NOTHING IN THIS SECTION SHALL IMPAIR,
ALTER, LIMIT OR MODIFY THE RIGHTS OR OBLIGATIONS OF  ANY  INSURER  UNDER
ANY POLICY OF INSURANCE.
  S  11.    Section 31 of the executive law, as amended by chapter 37 of
the laws of 1962, subdivision 11 as amended by chapter 827 of  the  laws
of  1972 and subdivision 13 as added by chapter 430 of the laws of 1997,
is amended to read as follows:
  S 31. Divisions. There  shall  be  in  the  executive  department  the
following divisions:
  1. The division of the budget.
  2. The division of military and naval affairs.
  3. The office of general services.

S. 6606--B                         73                         A. 9706--C

  4. The division of state police.
  5. The division of parole.
  6. The division of housing.
  7. The division of alcoholic beverage control.
  8. [Commission against discrimination] THE DIVISION OF HUMAN RIGHTS.
  9. [The division of safety.
  10.] The division of veterans' affairs.
  [11. The office of planning services.
  12. State civil defense commission] 10. THE DIVISION OF HOMELAND SECU-
RITY AND EMERGENCY SERVICES.
  [13.] 11. Office for technology.
  The  governor  may establish, consolidate, or abolish additional divi-
sions and bureaus.
  S 12. (a) Findings. The functions of the office  for  fire  prevention
and control and the state office of emergency management are critical to
public  health  and safety, as is the function of the office of homeland
security. The purpose of this section is to preserve and  enhance  these
functions by consolidating these agencies.  The goal of consolidation is
not  to  reduce  the performance of either function, but rather to inte-
grate them so as to perform them in the most effective possible way.
  (b) Consolidation. The powers, duties and unfinished business  of  the
state  emergency  management  office in the executive department and the
office for fire prevention and control in the department  of  state  are
transferred to the division of homeland security and emergency services,
created  in  article  26  of the executive law and formerly known as the
office of homeland security. All assets, liabilities and records of  the
state emergency management office and the office for fire prevention and
control  are  transferred to the division of homeland security and emer-
gency services.  For the purpose of  succession  to  functions,  powers,
duties  and  obligations  transferred and assigned to, devolved upon and
assumed by it pursuant to this act, the division  of  homeland  security
and  emergency  services  shall  be  deemed  and  held to constitute the
continuation of the state emergency management office,  and  the  office
for fire prevention and control.
  (c)  Transfer  of employees.  (i) All employees of the state emergency
management office shall be transferred to the division of homeland secu-
rity and emergency services.  This transfer of employees shall be deemed
to be a transfer of function pursuant to subdivision 2 of section 70  of
the  civil  service law.   Officers and employees of the state emergency
management office who are in the classified service shall be transferred
without further examination or qualification,  and  shall  retain  their
respective  civil  service  classification,  status  and bargaining unit
representation.  Officers and employees of the state  emergency  manage-
ment  office  in  the unclassified service of the state shall be  trans-
ferred to the division of homeland security and  emergency  services  in
accordance with the provisions of section 45 of the civil service law as
if the state had taken over a private entity.
  (ii)  Those employees in the department of state substantially engaged
in the performance of fire prevention and control shall  be  transferred
to the division of homeland security and emergency services. This trans-
fer  of  employees shall be deemed to be a transfer of function pursuant
to subdivision 2 of section 70 of the civil service law.  The  heads  of
the  department of state and the division of homeland security and emer-
gency services shall confer to determine the officers and employees  who
are substantially engaged in the performance of such function.  Officers
and employees identified as substantially engaged in such function shall

S. 6606--B                         74                         A. 9706--C

be  transferred  without further examination or qualification, and shall
retain  their  respective  civil  service  classification,  status   and
bargaining unit representation.
  (iii)  Those  employees  of  the  office  for technology substantially
engaged in interoperable and emergency communications  shall  be  trans-
ferred to the division of homeland security and emergency services. This
transfer  of  employees  shall  be  deemed  to be a transfer of function
pursuant to subdivision 2 of section 70 of the civil  service  law.  The
heads of the office for technology and the division of homeland security
and  emergency  services  shall  confer  to  determine  the officers and
employees who are substantially engaged in the performance of such func-
tion.  Officers and employees identified  as  substantially  engaged  in
such function shall be transferred without further examination or quali-
fication,  and  shall  retain their respective civil service classifica-
tion, status and bargaining unit representation.
  (d) Pending actions and proceedings.  No  action  pending  as  of  the
effective  date  of  this  act brought by or against the state office of
emergency management or the office for fire prevention  and  control  or
their  directors shall be affected by any provision of this act, but the
same may be prosecuted or defended in the name of  the  commissioner  of
the division of homeland security and emergency services who shall, upon
application to the court, be substituted as a party.
  (e)  Continuation  of  rules  and regulations. All rules, regulations,
acts, determinations and decisions of  the  state  office  of  emergency
management  or  office  for  fire prevention and control in force at the
time of the effective date of this  act  shall  continue  in  force  and
effect  as rules, regulations, acts, determinations and decisions of the
commissioner of the division of homeland security and emergency services
until duly modified or abrogated by the commissioner of the division  of
homeland security and emergency services.
  (f)  Transfer  of  appropriations.  All appropriations and reappropri-
ations heretofore made to the state office of emergency  management,  to
the  extent  of  remaining  unexpended or unencumbered balances thereof,
whether allocated or unallocated and whether obligated  or  unobligated,
shall  be  transferred  to and made available for use and expenditure by
the division of homeland security and emergency services.
  S 13. The article heading of article 26 of the executive law, as added
by section 1 of part B of chapter 1 of the laws of 2004, is  amended  to
read as follows:
                   [STATE OFFICE OF HOMELAND SECURITY]
          DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
  S  14. Section 709 of the executive law, as added by section 2 of part
B of chapter 1 of the laws of 2004, paragraphs (p) and (q)  of  subdivi-
sion 2 as amended and paragraph (r) of subdivision 2 as added by chapter
620  of  the  laws of 2005, paragraph (q) of subdivision 2 as separately
amended and paragraph (r) of subdivision 2 as added by  chapter  537  of
the laws of 2005, is amended to read as follows:
  S  709. [State office of homeland security] DIVISION OF HOMELAND SECU-
RITY AND EMERGENCY SERVICES; creation; powers and duties.   1. There  is
hereby  created  within the executive department the [office of homeland
security] DIVISION OF HOMELAND SECURITY AND  EMERGENCY  SERVICES,  which
shall have and exercise the powers and duties set forth in this article.
Any  reference  to the 'office of public security', THE 'OFFICE OF HOME-
LAND SECURITY', THE 'STATE EMERGENCY MANAGEMENT OFFICE', THE 'OFFICE  OF
CYBER  SECURITY'  OR  THE 'OFFICE OF FIRE PREVENTION AND CONTROL' in the
laws of New York state, executive orders, or contracts entered  into  on

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behalf  of  the  state  shall be deemed to refer to the [state office of
homeland security] DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.
  2. The [office] DIVISION shall have the power and duty to:
  (a)  oversee  and coordinate the state's homeland security AND COMPRE-
HENSIVE EMERGENCY MANAGEMENT resources, subject to any  laws,  rules  or
regulations governing the budgeting and appropriation of funds;
  (b)  review  homeland  security AND COMPREHENSIVE EMERGENCY MANAGEMENT
policies, protocols and strategies of state agencies. The agencies shall
include, but not be limited to, [the division of state police,  division
of  military  and  naval  affairs,  state  emergency  management office,
department of health, department of environmental conservation, division
of criminal justice services, department of state, office for  technolo-
gy, and the department of transportation] THE STATE AGENCIES INCLUDED ON
THE DISASTER PREPAREDNESS COMMISSION AS IDENTIFIED IN SECTION TWENTY-ONE
OF THIS CHAPTER;
  (c)  develop  policies, protocols and strategies, which may be used to
prevent, detect, respond to and recover from terrorist acts  or  threats
AND  OTHER  NATURAL  AND  MAN-MADE DISASTERS, WHICH FOR PURPOSES OF THIS
SECTION SHALL HAVE THE SAME MEANING AS DEFINED IN ARTICLE TWO-B OF  THIS
CHAPTER;
  (d) identify potential inadequacies in the state's policies, protocols
and  strategies to detect, respond to and recover from terrorist acts or
threats AND OTHER NATURAL AND MAN-MADE DISASTERS;
  (e) undertake periodic drills and simulations designed to  assess  and
prepare  responses  to  terrorist  acts or threats AND OTHER NATURAL AND
MAN-MADE DISASTERS;
  (f) coordinate state resources for  the  collection  and  analysis  of
information  relating  to terrorist threats and terrorist activities AND
OTHER NATURAL AND MAN-MADE DISASTERS throughout the state subject to any
applicable laws, rules, or regulations;
  (g) coordinate and facilitate information sharing among local,  state,
and  federal law enforcement agencies to ensure appropriate intelligence
to assist in the early  identification  of  and  response  to  potential
terrorist  activities  AND OTHER NATURAL AND MAN-MADE DISASTERS, subject
to any applicable laws, rules, or  regulations  governing  the  release,
disclosure or sharing of any such information;
  (h)  assess  the preparedness of state and local public health systems
to respond to terrorist acts AND OTHER NATURAL AND  MAN-MADE  DISASTERS,
including ensuring the availability of early warning systems designed to
detect  potential  threats  and determining adequacy and availability of
necessary vaccines and pharmaceuticals and hospital capacity;
  (i) coordinate strategies,  protocols  and  first-responder  equipment
needs  that  may be used to monitor, detect, respond to and mitigate the
consequences of a potential biological, chemical or radiological terror-
ist act or threat;
  (j) work with local, state and federal agencies and  private  entities
to  conduct  assessments of the vulnerability of critical infrastructure
to terrorist attack AND OTHER NATURAL AND MAN-MADE DISASTERS, including,
but not limited to, nuclear facilities, power plants, telecommunications
systems, mass transportation systems, public roadways, railways, bridges
and tunnels, and develop strategies that may be  used  to  protect  such
infrastructure  from  terrorist  attack  AND  OTHER NATURAL AND MAN-MADE
DISASTERS;
  (k) develop plans that may be used  to  promote  rapid  recovery  from
terrorist  attacks  AND  OTHER NATURAL AND MAN-MADE DISASTERS, to ensure

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prompt restoration of transportation, utilities, critical communications
and information systems and to protect such infrastructure;
  (l)  develop  plans  that  may be used to contain and remove hazardous
materials used in a terrorist attack OR RELEASED AS A RESULT OF  NATURAL
OR MAN-MADE DISASTER;
  (m)  act  as  primary  contact with the federal department of homeland
security;
  (n) adopt, promulgate, amend and  rescind  rules  and  regulations  to
effectuate  the  provisions  and purposes of this article and the powers
and duties of the [office] DIVISION in connection therewith;
  (o) consult with appropriate state and local governments, institutions
of higher learning, first responders, health care providers and  private
entities  as necessary to effectuate the provisions of this article, and
work with those entities to establish, facilitate and foster cooperation
to better prepare the state to prevent and respond to threats  and  acts
of terrorism AND OTHER NATURAL AND MAN-MADE DISASTERS;
  (p)  to  serve  as  a  clearinghouse for the benefit of municipalities
regarding information relating to available federal, state and  regional
grant  programs in connection with homeland security, disaster prepared-
ness,  communication  infrastructure  and  emergency   first   responder
services,  and  to  promulgate rules and regulations necessary to ensure
that grant information is timely posted  on  the  [office's]  DIVISION'S
website;
  (q) request from any department, division, office, commission or other
agency  of  the state or any political subdivision thereof, and the same
are authorized to provide, such assistance, services and data as may  be
required by the [office of homeland security] DIVISION OF HOMELAND SECU-
RITY  AND  EMERGENCY SERVICES in carrying out the purposes of this arti-
cle, subject to applicable laws, rules, and regulations; [and]
  (r)  develop  standards  and  a  certification  process  for  training
programs  for training of private security officers in commercial build-
ings which shall:
  (i) improve observation, detection and reporting skills;
  (ii) improve  coordination  with  local  police,  fire  and  emergency
services;
  (iii)  provide  and  improve  skills in working with advanced security
technology including surveillance and access control procedures;
  (iv) require at least forty hours of training including three hours of
training devoted to terrorism awareness; and
  (v) have been certified as a qualified program by the [state office of
homeland  security.]  DIVISION  OF  HOMELAND  SECURITY   AND   EMERGENCY
SERVICES;
  [(r)]  (S)  work  in  consultation with or make recommendations to the
commissioner of agriculture and markets in developing  rules  and  regu-
lations relating to ammonium nitrate security[.]; AND
  (T) DEVELOP, MAINTAIN, AND DEPLOY STATE, REGIONAL AND LOCAL ALL-HAZARD
INCIDENT MANAGEMENT TEAMS.
  3.  THE  DIVISION  OF  HOMELAND  SECURITY AND EMERGENCY SERVICES SHALL
CONSIST OF SEVERAL OFFICES INCLUDING, BUT NOT LIMITED TO, THE OFFICE  OF
COUNTERTERRORISM,  WHICH  SHALL  HAVE THE POWERS, AND BE RESPONSIBLE FOR
CARRYING OUT THE DUTIES, INCLUDING BUT NOT LIMITED TO THOSE SET FORTH IN
SECTION SEVEN HUNDRED NINE-A OF THIS ARTICLE; THE  OFFICE  OF  EMERGENCY
MANAGEMENT, WHICH SHALL HAVE THE POWERS, AND BE RESPONSIBLE FOR CARRYING
OUT  THE DUTIES, INCLUDING BUT NOT LIMITED TO THOSE SET FORTH IN ARTICLE
TWO-B OF THIS CHAPTER; THE OFFICE OF FIRE PREVENTION AND CONTROL,  WHICH
SHALL  HAVE  THE POWERS, AND BE RESPONSIBLE FOR CARRYING OUT THE DUTIES,

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INCLUDING BUT NOT LIMITED TO THOSE SET FORTH IN ARTICLE  SIX-C  OF  THIS
CHAPTER;  THE OFFICE OF CYBER SECURITY, WHICH SHALL HAVE THE POWERS, AND
BE RESPONSIBLE FOR CARRYING OUT THE DUTIES, INCLUDING BUT NOT LIMITED TO
THOSE  SET  FORTH  IN SECTION SEVEN HUNDRED FIFTEEN OF THIS ARTICLE; AND
THE OFFICE OF INTEROPERABLE AND EMERGENCY  COMMUNICATIONS,  WHICH  SHALL
HAVE THE POWERS, AND BE RESPONSIBLE FOR CARRYING OUT THE DUTIES, INCLUD-
ING  BUT  NOT LIMITED TO THOSE SET FORTH IN SECTION SEVEN HUNDRED SEVEN-
TEEN OF THIS ARTICLE.
  4. AS SET FORTH IN SECTION SEVEN HUNDRED  TEN  OF  THIS  ARTICLE,  THE
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
SHALL  BE  APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE
SENATE, AND HOLD OFFICE AT THE PLEASURE OF THE GOVERNOR.  THE  DIRECTORS
OF   THE   OFFICES   OF  COUNTERTERRORISM,  EMERGENCY  MANAGEMENT,  FIRE
PREVENTION AND CONTROL, CYBER SECURITY, AND INTEROPERABLE AND  EMERGENCY
COMMUNICATIONS,  AND  SUCH OTHER OFFICES AS MAY BE ESTABLISHED, SHALL BE
APPOINTED BY, AND HOLD OFFICE AT THE PLEASURE OF, THE GOVERNOR AND  THEY
SHALL  REPORT  TO  THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES.
  5. THE DIRECTORS OF THE OFFICES OF COUNTERTERRORISM, EMERGENCY MANAGE-
MENT, FIRE PREVENTION AND CONTROL,  CYBER  SECURITY,  INTEROPERABLE  AND
EMERGENCY  COMMUNICATIONS,  AND  OF  SUCH OTHER OFFICES AS MAY BE ESTAB-
LISHED, SHALL, IN CONSULTATION WITH THE COMMISSIONER, HAVE THE AUTHORITY
TO PROMULGATE RULES AND REGULATIONS TO CARRY OUT  THE  DUTIES  OF  THEIR
OFFICE,  INCLUDING THE ESTABLISHMENT OF FEES NECESSARY TO COMPENSATE FOR
COSTS ASSOCIATED WITH THE DELIVERY OF TRAINING AND SERVICES.
  6. THE DIRECTORS OF THE OFFICES OF COUNTERTERRORISM, EMERGENCY MANAGE-
MENT, FIRE PREVENTION AND CONTROL,  CYBER  SECURITY,  INTEROPERABLE  AND
EMERGENCY  COMMUNICATIONS, AND SUCH OTHER OFFICES AS MAY BE ESTABLISHED,
SHALL HAVE THE AUTHORITY TO ENTER INTO CONTRACTS WITH ANY PERSON,  FIRM,
CORPORATION, MUNICIPALITY, OR GOVERNMENT ENTITY.
  7.  ANNUAL REPORT OF THE DIVISION. THE COMMISSIONER OF THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES SHALL,  ON  OR  BEFORE  JANUARY
FIRST  IN  EACH YEAR, SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE, AND THE SPEAKER OF THE ASSEMBLY,  A  REPORT  CONCERNING  THE
PERFORMANCE  OF  THE  DIVISION  WITH  RESPECT TO OUTREACH TO BUSINESSES,
NOT-FOR-PROFIT  ORGANIZATIONS,  AND  THE  GENERAL  PUBLIC,  WHICH  SHALL
INCLUDE INFORMATION REGARDING THE CONTENT AND SCOPE OF SEMINARS, CONFER-
ENCES,  SURVEYS, PROGRAMS, AND OTHER PROGRAMMATIC MEANS OF ENGAGING SUCH
PARTIES TO IDENTIFY AND MEET THE NEEDS OF SUCH PARTIES WITH  RESPECT  TO
EMERGENCY  MITIGATION,  PREPAREDNESS,  RESPONSE,  AND  RECOVERY, AND THE
PARTICIPATION OF SUCH PARTIES THEREIN.
  S 15. 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:
  S  710.  [Director of the office of homeland security] COMMISSIONER OF
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES; appointment of
the [director] COMMISSIONER; powers and duties. 1. The [director of  the
office  of homeland security (director)] COMMISSIONER OF THE DIVISION OF
HOMELAND  SECURITY  AND  EMERGENCY  SERVICES  (COMMISSIONER)  shall   be
appointed  by  the  governor,  by and with the advice and consent of the
senate, and hold office at the pleasure of the governor. [The salary  of
the  director  shall  be  fixed at a level commensurate with that of the
state officers identified in paragraph (a) of subdivision one of section
one hundred sixty-nine of this chapter.]
  2. The [director] COMMISSIONER, acting by  and  through  the  [office]
DIVISION, shall have the power and duty to:

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  (a)  administer  the  duties of the [office] DIVISION pursuant to this
section;
  (b)  administer such other duties as may be devolved upon the [office]
DIVISION from time to time pursuant to law;
  (c) cooperate with and assist other  state  and  federal  departments,
boards,  commissions, agencies and public authorities in the development
and administration of policies and  protocols  which  will  enhance  the
SAFETY AND security of the citizens of the state;
  (d) enter into contracts with any person, firm, corporation or govern-
mental  agency,  and do all things necessary to carry out the functions,
powers and duties expressly set forth in this article,  subject  to  any
applicable laws, rules or regulations;
  (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] DIVISION[.  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]
  (f) subject to the provisions of this article and  the  civil  service
law, and the rules and regulations adopted pursuant thereto, the [direc-
tor]  COMMISSIONER  may  appoint  other  officers, employees, agents and
consultants as may be  necessary,  prescribe  their  duties,  fix  their
compensation,  and provide for payment of their reasonable expenses, all
within amounts  available  therefor  by  appropriation.  The  [director]
COMMISSIONER  may transfer officers or employees from their positions to
other positions in the [office] DIVISION, or abolish or consolidate such
positions[.]; AND
  (G) ACCEPT AND CONTRACT AS AGENT OF THE STATE FOR ANY GIFT TO  SUPPORT
THE  DEVELOPMENT AND TRAINING MISSIONS OF THE DIVISION OF HOMELAND SECU-
RITY AND EMERGENCY SERVICES.
  S 15-a. The executive law is amended by adding a new section 709-a  to
read as follows:
  S  709-A.  OFFICE  OF COUNTERTERRORISM. THE OFFICE OF COUNTERTERRORISM
SHALL DEVELOP AND ANALYZE THE STATE'S POLICIES, PROTOCOLS AND STRATEGIES
RELATING TO THE PREVENTION AND DETECTION OF TERRORIST ACTS AND TERRORIST
THREATS. THE OFFICE SHALL ALSO BE RESPONSIBLE FOR THE COLLECTION, ANALY-
SIS AND SHARING OF INFORMATION RELATING TO TERRORIST THREATS AND TERROR-
IST ACTIVITIES THROUGHOUT THE STATE; COORDINATING STRATEGIES,  PROTOCOLS
AND  FIRST RESPONDER EQUIPMENT NEEDS TO DETECT A BIOLOGICAL, CHEMICAL OR
RADIOLOGICAL TERRORIST ACT OR THREAT; WORKING WITH PRIVATE ENTITIES  AND
LOCAL,  STATE AND FEDERAL AGENCIES TO CONDUCT ASSESSMENTS OF THE VULNER-
ABILITY OF CRITICAL INFRASTRUCTURE TO TERRORIST ATTACK;  AND  CONSULTING
WITH  APPROPRIATE  STATE  AND  LOCAL GOVERNMENTS AND PRIVATE ENTITIES TO
FACILITATE AND FOSTER COOPERATION TO BETTER PREPARE THE STATE TO PREVENT
AND DETECT THREATS AND ACTS OF TERRORISM.
  S 16. Section 713 of the executive law, as added by chapter 403 of the
laws of 2003, paragraphs (a) and (b) of  subdivision  2  as  amended  by
chapter  426  of  the  laws  of  2004, and such section as renumbered by
section 2 of part B of chapter 1 of the laws of 2004, is amended to read
as follows:
  S 713. Protection of critical infrastructure including energy generat-
ing and transmission facilities. 1. Notwithstanding any other  provision
of  law,  the [director of public security] COMMISSIONER OF THE DIVISION
OF HOMELAND SECURITY AND EMERGENCY SERVICES shall conduct a  review  and
analysis  of  measures  being taken by the public service commission and
any other agency or authority of the state or any political  subdivision

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thereof  and,  to  the  extent  practicable,  of  any federal entity, to
protect the security of critical infrastructure related to energy gener-
ation and transmission located within the state. The [director of public
security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY  SERVICES  shall  have  the authority to review any audits or reports
related to the  security  of  such  critical  infrastructure,  including
audits or reports conducted at the request of the public service commis-
sion  or  any  other  agency  or authority of the state or any political
subdivision thereof or, to the extent practicable, of any federal  enti-
ty.  The  owners and operators of such energy generating or transmission
facilities shall, in compliance with any federal and state  requirements
regarding  the  dissemination of such information, provide access to the
[director of public security] COMMISSIONER OF THE DIVISION  OF  HOMELAND
SECURITY AND EMERGENCY SERVICES to such audits or reports regarding such
critical  infrastructure  provided,  however, that exclusive custody and
control of such audits and reports shall remain solely with  the  owners
and  operators of such energy generating or transmission facilities. For
the purposes of this article, the term "critical infrastructure" has the
meaning ascribed to that term in subdivision five of section  eighty-six
of the public officers law.
  2.  (a) On or before December thirty-first, two thousand four, and not
later than three years after such date, and every five years thereafter,
the [director of public security] COMMISSIONER OF THE DIVISION OF  HOME-
LAND  SECURITY  AND EMERGENCY SERVICES shall report to the governor, the
temporary president of the senate, the  speaker  of  the  assembly,  the
chairperson  of the public service commission and the chief executive of
any such affected generating or  transmission  company  or  his  or  her
designee.  Such  report  shall  review the security measures being taken
regarding critical infrastructure related to energy generating and tran-
smission facilities,  assess  the  effectiveness  thereof,  and  include
recommendations  to  the legislature or the public service commission if
the [director of public security] COMMISSIONER OF THE DIVISION OF  HOME-
LAND SECURITY AND EMERGENCY SERVICES determines that additional measures
are  required  to  be implemented, considering, among other factors, the
unique characteristics of each energy generating or transmission facili-
ty. [On or before April thirtieth, two thousand four,  the  director  of
public  security  shall  make  a preliminary report to the governor, the
temporary president of the senate, the  speaker  of  the  assembly,  the
chairman  of  the  public service commission, and the chief executive of
any such affected generating or  transmission  company  or  his  or  her
designee.]
  (b)  Before  the receipt of such report identified in paragraph (a) of
this subdivision, each recipient of such report shall develop  confiden-
tiality  protocols, which shall be binding upon the recipient who issues
the protocols and anyone to whom the  recipient  shows  a  copy  of  the
report,  in  consultation with the [director of public security] COMMIS-
SIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY  SERVICES  for
the maintenance and use of such report so as to ensure the confidential-
ity  of  the  report  and  all  information contained therein, provided,
however, that such protocols shall not be binding upon a person  who  is
provided  access  to  such  report  or any information contained therein
pursuant to section eighty-nine of the public officers law after a final
determination that access to such report or  any  information  contained
therein  could  not  be  denied  pursuant  to subdivision two of section
eighty-seven of the public officers law.  The [director of public  secu-
rity]  COMMISSIONER  OF  THE DIVISION OF HOMELAND SECURITY AND EMERGENCY

S. 6606--B                         80                         A. 9706--C

SERVICES shall also develop protocols for his or her office  related  to
the maintenance and use of such report so as to ensure the confidential-
ity of the report and all information contained therein. On each report,
the  [director of public security] COMMISSIONER OF THE DIVISION OF HOME-
LAND SECURITY AND  EMERGENCY  SERVICES  shall  prominently  display  the
following  statement:  "this  report  may  contain  information  that if
disclosed could endanger the life or safety of the  public,  and  there-
fore,  pursuant  to  section seven hundred [ten] ELEVEN of the executive
law, this report is to be maintained and used  in  a  manner  consistent
with protocols established to preserve the confidentiality of the infor-
mation contained herein in a manner consistent with law".
  (c)  Except  in  the  case  of  federally licensed electric generating
facilities, the public service commission shall have the  discretion  to
require  that  the  recommendations of the [director of public security]
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
be implemented by any owner or operator of an energy generating or tran-
smission facility. Recommendations regarding federally licensed electric
generating facilities shall  instead  only  be  made  available  by  the
[director  of  public security] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES to the  appropriate  federal  agency  in
compliance with any federal and state requirements regarding the dissem-
ination of such information.
  3.  Any reports prepared pursuant to this article shall not be subject
to disclosure pursuant to section eighty-eight of  the  public  officers
law.
  S  17. Section 714 of the executive law, as added by section 1 of part
C of chapter 1 of the laws of 2004, is amended to read as follows:
  S 714. Protection of critical infrastructure; storage  facilities  for
hazardous  substances. 1. Notwithstanding any other provision of law and
subject to the availability of an appropriation, the  [director  of  the
office  of  homeland  security] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES shall conduct a review and  analysis  of
measures  being  taken by the owners and operators of facilities identi-
fied pursuant to paragraph (b) of subdivision two  of  this  section  to
protect  the security of critical infrastructure related to such facili-
ties. The [director of the office of homeland security] COMMISSIONER  OF
THE  DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall have the
authority to review all audits or reports related  to  the  security  of
such  critical  infrastructure,  including  all  such  audits or reports
mandated by  state  and  federal  law  or  regulation,  including  spill
prevention  reports  and  risk  management  plans,  audits  and  reports
conducted at the request of the department of environmental conservation
or at the request of any federal entity, or any other agency or authori-
ty of the state  or  any  political  subdivision  thereof,  and  reports
prepared  by owners and operators of such facilities as required in this
subdivision. The owners and  operators  of  such  facilities  shall,  in
compliance with any federal and state requirements regarding the dissem-
ination  of  such  information,  provide  access to the [director of the
office of homeland security] COMMISSIONER OF THE  DIVISION  OF  HOMELAND
SECURITY  AND  EMERGENCY  SERVICES  to such audits and reports regarding
such critical infrastructure provided, however,  exclusive  custody  and
control  of  such audits and reports shall remain solely with the owners
and operators of such facilities to the extent not inconsistent with any
other law. For the purposes of this section, the term "critical  infras-
tructure"  has  the meaning ascribed to that term in subdivision five of
section eighty-six of the public officers law.

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  2. To effectuate his or her duties pursuant to this section and  iden-
tify  risks to the public, the [director of the office of homeland secu-
rity] COMMISSIONER OF THE DIVISION OF HOMELAND  SECURITY  AND  EMERGENCY
SERVICES shall:
  (a)  within  six  months  of  the  effective  date of this section, in
consultation with the commissioner of  environmental  conservation,  the
commissioner  of health, and such representatives of the chemical indus-
try and higher education as may be  appropriate,  prepare  a  list  that
identifies  toxic  or hazardous substances, including but not limited to
those substances listed as hazardous to public  health,  safety  or  the
environment  in regulations promulgated pursuant to article thirty-seven
of the environmental conservation law, as well as those  substances  for
which the state possesses insufficient or limited toxicological informa-
tion  but for which there exists preliminary evidence that the substance
or the class of chemicals with similar physical and chemical  properties
to which it belongs has the potential to cause death, injury, or serious
adverse effects to human health or the environment, based on the severi-
ty of the threat posed to the public by the unauthorized release of such
substances.  Such list will be promulgated in accord with the provisions
of the state administrative procedure act;
  (b) upon completion of the list required pursuant to paragraph (a)  of
this  subdivision,  but no later than one hundred twenty days after such
date, in consultation with the commissioner of  environmental  conserva-
tion,  the commissioner of health and such representatives of the chemi-
cal industry and any state, local and  municipal  officials  as  may  be
appropriate,  identify facilities, including facilities regulated pursu-
ant to title nine and title eleven of article twenty-seven  and  article
forty  of  the  environmental conservation law, but excluding facilities
that hold liquified petroleum gas for fuel at retail sale  as  described
in  section  112(1)(4)(B)  of  the  Clean  Air  Act (42 U.S.C.   section
7412(r)(4)(b)) and those facilities that are defined as  "water  suppli-
ers"  in  subdivision  one  of section eleven hundred twenty-five of the
public health law, which because of their storage of or relationship  to
such substances identified pursuant to paragraph (a) of this subdivision
pose  risks to the public should an unauthorized release of such hazard-
ous substances occur; and
  (c) require such facilities identified pursuant to  paragraph  (b)  of
this  subdivision,  as  the  [director]  COMMISSIONER  so determines, to
prepare a vulnerability assessment of the  security  measures  taken  by
such  facilities  to  prevent and respond to the unauthorized release of
hazardous substances as may be stored  therein,  which  assessments  the
[director  of the office of homeland security] COMMISSIONER OF THE DIVI-
SION OF HOMELAND  SECURITY  AND  EMERGENCY  SERVICES  shall  review  and
consider in light of the seriousness of the risk posed and vulnerability
of  such  facility  and,  where  appropriate,  make recommendations with
respect thereto.
  3. (a) On or before June first, two thousand five,  the  [director  of
homeland security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY  SERVICES shall make a preliminary report to the governor, the
temporary president of the senate, the  speaker  of  the  assembly,  the
commissioner  of  environmental conservation, the commissioner of health
and the chief executive officer of any such affected facility or his  or
her designee, and on or before December thirty-first, two thousand five,
and  not  later  than  three years after such date, and every five years
thereafter, the [director of the office of  homeland  security]  COMMIS-
SIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall

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report  to  the  governor,  the  temporary  president of the senate, the
speaker of the assembly, the commissioner of environmental conservation,
the commissioner of health and the chief executive officer of  any  such
affected  facility  or his or her designee. Such report shall review the
security measures being taken regarding critical infrastructure  related
to such facilities, assess the effectiveness thereof, and include recom-
mendations to the legislature, the department of environmental conserva-
tion or the department of health if the [director of the office of home-
land  security]  COMMISSIONER  OF  THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES determines that additional measures are  required  to
be implemented.
  (b)  Before  the receipt of such report identified in paragraph (a) of
this subdivision, each recipient of such report shall develop  confiden-
tiality  protocols  which shall be binding upon the recipient who issues
the protocols and anyone to whom the  recipient  shows  a  copy  of  the
report  in  consultation  with  the  [director of the office of homeland
security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY SERVICES, for the maintenance and use of such report so as to  ensure
the confidentiality of the report and all information contained therein,
provided,  however,  that  such  protocols  shall  not be binding upon a
person who  is  provided  access  to  such  report  or  any  information
contained therein pursuant to section eighty-nine of the public officers
law after a final determination that access to such report or any infor-
mation contained therein could not be denied pursuant to subdivision two
of section eighty-seven of the public officers law. The [director of the
office  of  homeland  security] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES shall also develop  protocols  for  such
[office]  DIVISION  related to the maintenance and use of such report so
as to ensure the confidentiality of all sensitive information  contained
in  such report. On each report, the [director of the office of homeland
security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY SERVICES shall prominently display  the  following  statement:  "This
report may contain information that if disclosed could endanger the life
or  safety  of  the  public,  and  therefore,  pursuant to section seven
hundred eleven of the executive law[, as added by a chapter of the  laws
of  two  thousand  four],  this report is to be maintained and used in a
manner consistent with protocols established to preserve  the  confiden-
tiality  of the information contained herein in a manner consistent with
law."
  (c) The  department  of  environmental  conservation  shall  have  the
discretion  to  require  that  recommendations  of  the [director of the
office of homeland security] COMMISSIONER OF THE  DIVISION  OF  HOMELAND
SECURITY  AND EMERGENCY SERVICES be implemented by any owner or operator
of a hazardous substances storage facility as defined in this section.
  S 18. Section 715 of the executive law, as added by chapter 604 of the
laws of 2007, is amended to read as follows:
  S 715. [Records and data] OFFICE OF CYBER SECURITY. 1.  THE OFFICE  OF
CYBER SECURITY SHALL BE DEDICATED TO THE PROTECTION OF THE STATE'S CYBER
SECURITY  INFRASTRUCTURE, INCLUDING, BUT NOT LIMITED TO, THE IDENTIFICA-
TION AND MITIGATION OF  VULNERABILITIES,  DETERRING  AND  RESPONDING  TO
CYBER  EVENTS,  AND PROMOTING CYBER SECURITY AWARENESS WITHIN THE STATE.
THE OFFICE SHALL ALSO BE RESPONSIBLE FOR STATEWIDE POLICIES,  STANDARDS,
PROGRAMS,  AND SERVICES RELATING TO CYBER SECURITY AND GEOGRAPHIC INFOR-
MATION SYSTEMS, INCLUDING THE STATEWIDE COORDINATION  OF  GEOGRAPHICALLY
REFERENCED  CRITICAL  INFRASTRUCTURE  INFORMATION.  THE  DIRECTOR OF THE
OFFICE SHALL BE THE CHIEF CYBER SECURITY OFFICER OF NEW YORK STATE.

S. 6606--B                         83                         A. 9706--C

  2. THE DIRECTOR 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 SUCH ASSISTANCE, INFORMATION
AND  DATA AS WILL ENABLE THE OFFICE PROPERLY TO CARRY OUT ITS FUNCTIONS,
POWERS AND DUTIES.
  3.  The director of the office [of cyber security and critical infras-
tructure coordination] is authorized to maintain, in electronic or paper
formats, maps, geographic images, geographic data and metadata.
  [2.] 4. The director of the office [of  cyber  security  and  critical
infrastructure  coordination]  is authorized to promulgate any rules and
regulations necessary to implement the provisions of this section.
  5. NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPHS  (I)  AND  (II)  OF
PARAGRAPH  (A)  OF  SUBDIVISION  EIGHT  OF  SECTION SEVENTY-THREE OF THE
PUBLIC OFFICERS LAW, FORMER OFFICERS OR EMPLOYEES OF THE OFFICE OF CYBER
SECURITY EMPLOYED BY THE NOT-FOR-PROFIT CORPORATION  THAT  OPERATES  THE
MULTI-STATE  INFORMATION  SHARING  AND ANALYSIS CENTER MAY APPEAR BEFORE
AND RENDER SERVICES TO ANY FEDERAL, STATE, LOCAL, TERRITORIAL OR  TRIBAL
GOVERNMENT RELATING TO CYBER SECURITY.
  6.  NOTWITHSTANDING  THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-THREE
OF THE STATE FINANCE LAW, SECTION  ONE  HUNDRED  THREE  OF  THE  GENERAL
MUNICIPAL  LAW,  ARTICLE  FOUR-C OF THE ECONOMIC DEVELOPMENT LAW, OR ANY
OTHER PROVISION OF LAW RELATING TO THE AWARD OF  PUBLIC  CONTRACTS,  ANY
OFFICER, BODY, OR AGENCY OF NEW YORK STATE, PUBLIC CORPORATION, OR OTHER
PUBLIC  ENTITY  SUBJECT TO SUCH PROVISIONS OF LAW SHALL BE AUTHORIZED TO
ENTER INDIVIDUALLY OR COLLECTIVELY INTO CONTRACTS WITH THE  NOT-FOR-PRO-
FIT  CORPORATION  THAT  OPERATES THE MULTI-STATE INFORMATION SHARING AND
ANALYSIS CENTER FOR THE PROVISION OF SERVICES THROUGH SEPTEMBER  THIRTI-
ETH,  TWO THOUSAND THIRTEEN RELATED TO CYBER SECURITY INCLUDING, BUT NOT
LIMITED TO, MONITORING, DETECTING, AND RESPONDING  TO  CYBER  INCIDENTS,
AND SUCH CONTRACTS MAY BE AWARDED WITHOUT COMPLIANCE WITH THE PROCEDURES
RELATING  TO THE PROCUREMENT OF SERVICES SET FORTH IN SUCH PROVISIONS OF
LAW. SUCH CONTRACTS SHALL, HOWEVER,  BE  SUBJECT  TO  THE  COMPTROLLER'S
EXISTING  AUTHORITY TO APPROVE CONTRACTS WHERE SUCH APPROVAL IS REQUIRED
BY SECTION ONE HUNDRED TWELVE OF THE STATE  FINANCE  LAW  OR  OTHERWISE.
SUCH  OFFICERS,  BODIES,  OR  AGENCIES MAY PAY THE FEES OR OTHER AMOUNTS
SPECIFIED IN SUCH CONTRACTS  IN  CONSIDERATION  OF  THE  CYBER  SECURITY
SERVICES TO BE RENDERED PURSUANT TO SUCH CONTRACTS.
  S 19. Section 715 of the executive law, as added by chapter 630 of the
laws of 2007, is amended to read as follows:
  S  [715.]  716.  Protection  of  critical  infrastructure;  commercial
aviation, petroleum and natural gas  fuel  transmission  facilities  and
pipelines. 1.  Notwithstanding any other provision of law, the [director
of  the  office  of  homeland  security] COMMISSIONER OF THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES  shall  conduct  a  review  and
analysis of measures being taken by any other agency or authority of the
state  or any political subdivision thereof and, to the extent practica-
ble, of any federal entity, to protect the security of critical  infras-
tructure  related to commercial aviation fuel, petroleum and natural gas
transmission facilities and  pipelines  in  this  state  which  are  not
located upon the premises of a commercial airport. As deemed appropriate
by such [director] COMMISSIONER, the [office of homeland security] DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall have the authori-
ty  to  physically inspect the premises and review any audits or reports
related to the  security  of  such  critical  infrastructure,  including
audits  or  reports  conducted  at  the  request  of any other agency or
authority of the state or any political subdivision thereof or,  to  the

S. 6606--B                         84                         A. 9706--C

extent practicable, of any federal entity. The operators of such commer-
cial aviation fuel, petroleum or natural gas transmission facilities and
pipelines  shall,  in compliance with any federal and state requirements
regarding  the  dissemination of such information, provide access to the
[director of the office of homeland security] COMMISSIONER OF THE  DIVI-
SION  OF  HOMELAND  SECURITY  AND  EMERGENCY  SERVICES to such audits or
reports regarding such critical infrastructure provided,  however,  that
exclusive  custody  and  control of such audits and reports shall remain
solely with the operators of such commercial aviation fuel, petroleum or
natural gas transmission facilities and pipelines. For the  purposes  of
this  article,  the  term  "critical  infrastructure"  has  the  meaning
ascribed to that term in subdivision five of section eighty-six  of  the
public officers law.
  2.  (a)  On  or before December thirty-first, two thousand [eight, and
not later than three years after such date] ELEVEN, and every five years
thereafter, the [director of the office of  homeland  security]  COMMIS-
SIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall
report  to  the  governor,  the  temporary  president of the senate, the
speaker of the assembly, the public service commission, and the operator
of any such affected commercial aviation fuel, petroleum or natural  gas
transmission facility or pipeline. Such report shall review the security
measures  being  taken  regarding  critical  infrastructure  related  to
commercial aviation fuel, petroleum or natural gas transmission  facili-
ties and pipelines, assess the effectiveness thereof, and include recom-
mendations  to  the  legislature,  the public service commission, or the
operator of a commercial aviation fuel, petroleum or natural gas  trans-
mission  facility or pipeline, or any appropriate state or federal regu-
lating entity or agency if the [director of the office of homeland secu-
rity] COMMISSIONER OF THE DIVISION OF HOMELAND  SECURITY  AND  EMERGENCY
SERVICES  determines  that additional measures are required to be imple-
mented, considering among other factors, the unique  characteristics  of
each  commercial  aviation  fuel,  petroleum or natural gas transmission
facility or pipeline. [On or before April thirtieth, two thousand eight,
the director of the office of homeland security shall make a preliminary
report to the governor, the  temporary  president  of  the  senate,  the
speaker of the assembly, the public service commission, and the operator
of  any such affected commercial aviation fuel, petroleum or natural gas
transmission facility or pipeline.]
  (b) Before the receipt of such report identified in paragraph  (a)  of
this  subdivision, each recipient of such report shall develop confiden-
tiality protocols, which shall be binding upon the recipient who  issues
the  protocols  and  anyone  to  whom  the recipient shows a copy of the
report, in consultation with the [director of  the  office  of  homeland
security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY  SERVICES  for the maintenance and use of such report so as to ensure
the confidentiality of the report and all information contained therein,
provided, however, that such report and  any  information  contained  or
used  in its preparation shall be exempt and not made available pursuant
to article six of the public officers law. The [director of  the  office
of  homeland security] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES shall also  develop  protocols  for  his  or  her
office related to the maintenance and use of such report so as to ensure
the confidentiality of the report and all information contained therein.
On  each  report,  the  [director  of  the  office of homeland security]
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
shall prominently display the  following  statement:  "this  report  may

S. 6606--B                         85                         A. 9706--C

contain  information that if disclosed could endanger the life or safety
of the public, and therefore, pursuant to section  seven  hundred  [ten]
ELEVEN of the executive law, this report is to be maintained and used in
a manner consistent with protocols established to preserve the confiden-
tiality  of the information contained herein in a manner consistent with
law".
  (c) The  public  service  commission  shall  have  the  discretion  to
require,  through  regulation  or otherwise, that the recommendations of
the [director of the office of homeland security]  COMMISSIONER  OF  THE
DIVISION  OF  HOMELAND SECURITY AND EMERGENCY SERVICES be implemented at
an affected commercial aviation fuel, petroleum or  natural  gas  trans-
mission facility or pipeline.
  (d)  The  [office  of homeland security] DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES shall receive necessary  appropriations  for  the
performance of its duties pursuant to this section.
  S  20.  Paragraph (a) of subdivision 1 of section 169 of the executive
law, as amended by section 1 of part F of chapter  56  of  the  laws  of
2005, is amended to read as follows:
  (a)  commissioner of correctional services, commissioner of education,
commissioner of health, commissioner of mental health,  commissioner  of
mental retardation and developmental disabilities, commissioner of chil-
dren  and  family  services,  commissioner  of  temporary and disability
assistance, chancellor of the state university of New York, commissioner
of transportation, commissioner of  environmental  conservation,  super-
intendent  of  state  police, [and] commissioner of general services AND
COMMISSIONER  OF  THE  DIVISION  OF  HOMELAND  SECURITY  AND   EMERGENCY
SERVICES;
  S 21. The executive law is amended by adding a new section 717 to read
as follows:
  S  717.   OFFICE OF INTEROPERABLE AND EMERGENCY COMMUNICATIONS. 1. THE
OFFICE OF INTEROPERABLE AND EMERGENCY COMMUNICATIONS SHALL BE THE  PRIN-
CIPAL  STATE  AGENCY  FOR ALL INTEROPERABLE AND EMERGENCY COMMUNICATIONS
ISSUES AND OVERSEE AND DIRECT THE DEVELOPMENT, COORDINATION  AND  IMPLE-
MENTATION  OF  POLICIES, PLANS, STANDARDS, PROGRAMS AND SERVICES RELATED
TO INTEROPERABLE AND EMERGENCY COMMUNICATIONS, INCLUDING  THOSE  RELATED
TO  PUBLIC  SAFETY  LAND MOBILE RADIO COMMUNICATIONS.   THE OFFICE SHALL
COORDINATE WITH FEDERAL,  STATE,  LOCAL,  TRIBAL,  NON-GOVERNMENTAL  AND
OTHER APPROPRIATE ENTITIES.
  2.  THE  OFFICE  SHALL  BE RESPONSIBLE FOR COORDINATING RELEVANT GRANT
PROGRAMS AND OTHER FUNDING SOURCES TO ENHANCE INTEROPERABLE AND EMERGEN-
CY COMMUNICATIONS, AS CONSISTENT WITH THE MISSION OF THE  DIVISION.  THE
DIRECTOR  SHALL  MAKE FINAL DETERMINATIONS REGARDING THE DISTRIBUTION OF
GRANTS, IN CONSULTATION WITH THE BOARD.
  3. THE DIRECTOR OF THIS OFFICE SHALL SERVE AS THE STATEWIDE INTEROPER-
ABLE AND EMERGENCY COMMUNICATIONS COORDINATOR.
  4. TO ENSURE APPROPRIATE COORDINATION AND CONSULTATION  WITH  RELEVANT
ENTITIES,  THE DIRECTOR SHALL BE THE CHAIRPERSON OF THE STATEWIDE INTER-
OPERABLE AND EMERGENCY COMMUNICATION BOARD AS DEFINED IN  SECTION  THREE
HUNDRED  TWENTY-SEVEN OF THE COUNTY LAW, AND WHOSE DUTIES SHALL INCLUDE,
BUT NOT BE LIMITED TO ALL THE DUTIES REGULARLY ASSIGNED TO THE BOARD  AS
DEFINED BY SECTION THREE HUNDRED TWENTY-EIGHT OF THE COUNTY LAW.
  5.  THE COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR OF THE OFFICE,
SHALL PROMULGATE RULES AND REGULATIONS WHICH REQUIRE  MUNICIPALITIES  TO
REPORT,  NO  LESS  THAN  ANNUALLY,  ON PRIOR AND PLANNED EXPENDITURES TO
DEVELOP AND OPERATE  INTEROPERABLE  AND  EMERGENCY  COMMUNICATIONS.  THE
REGULATIONS  SHALL  PERMIT MUNICIPALITIES WHICH PARTICIPATE IN COUNTY OR

S. 6606--B                         86                         A. 9706--C

MULTI-COUNTY REGIONAL COORDINATED INTEROPERABILITY EFFORTS TO  SUBMIT  A
SINGLE  REPORT  TO THE DIVISION FOR ALL PARTICIPATING MUNICIPALITIES, SO
LONG AS ALL EXPENSES WHICH WOULD HAVE BEEN REPORTED IF THE PARTICIPATING
MUNICIPALITIES  HAD  SUBMITTED  INDIVIDUAL  REPORTS ARE CONTAINED IN THE
COMBINED REPORT. THE REGULATIONS SHALL NOT REQUIRE A  MUNICIPALITY  THAT
INCURRED  NO  RELEVANT  EXPENSES AND ANTICIPATES NO RELEVANT EXPENSES TO
SUBMIT SUCH A REPORT. THE DIVISION  SHALL  INCLUDE  A  SUMMARY  OF  SUCH
INFORMATION IN ITS ANNUAL REPORT TO THE GOVERNOR, TEMPORARY PRESIDENT OF
THE  SENATE,  AND  SPEAKER  OF  THE ASSEMBLY PROVIDED FOR IN SUBDIVISION
SEVEN OF SECTION SEVEN HUNDRED NINE OF THIS ARTICLE, AS WELL AS  SUBMIT-
TING SUCH INFORMATION AT THE SAME TIME TO THE STATE COMPTROLLER.
  S  22. Subdivision 2 of section 709 of the executive law is amended by
adding a new paragraph (u) to read as follows:
  (U) NOTWITHSTANDING ARTICLE  SIX-C  OF  THIS  CHAPTER,  OR  ANY  OTHER
PROVISION  OF LAW TO THE CONTRARY, THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES SHALL ESTABLISH BEST PRACTICES REGARDING TRAINING AND
EDUCATION FOR FIREFIGHTERS AND FIRST RESPONDERS WHICH SHALL INCLUDE  BUT
NOT  BE  LIMITED  TO:  MINIMUM BASIC TRAINING FOR FIREFIGHTERS AND FIRST
RESPONDERS; IN-SERVICE TRAINING AND CONTINUING EDUCATION;  AND  SPECIAL-
IZED  TRAINING  AS  IT MAY APPLY TO THE SPECIFIC DUTIES OF A CATEGORY OF
EMERGENCY PERSONNEL.
  S 23. Section 155 of the executive law, as added by chapter 225 of the
laws of 1979, is amended to read as follows:
  S 155. Office of fire prevention and  control;  creation;  state  fire
administrator;  employees. There is hereby created in the [department of
state] DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES an office of
fire prevention and control. The head of such office shall be the  state
fire  administrator,  who shall be appointed by the [secretary of state]
GOVERNOR and shall hold office during the pleasure of the [secretary  of
state]  GOVERNOR.   He shall receive an annual salary to be fixed by the
[secretary of state] COMMISSIONER OF THE DIVISION OF  HOMELAND  SECURITY
AND  EMERGENCY SERVICES within the amount available by appropriation. He
shall also be entitled to receive reimbursement  for  expenses  actually
and  necessarily incurred by him in the performance of his duties within
the amount available by appropriation.  [The  state  fire  administrator
may,  from  time  to  time, with the approval of the secretary of state,
create, abolish, transfer and consolidate divisions, bureaus, and  other
units  within the office of fire prevention and control as he may deter-
mine necessary for the efficient operation of  such  office.  The  state
fire  administrator  may,  with  the approval of the secretary of state,
appoint such deputies, directors and others within the office as he  may
deem  necessary  to the proper implementation of this article, prescribe
their duties, fix their compensation and provide  for  reimbursement  of
their  actual  and  necessary  expenses  within the amounts available by
appropriation.]
  S 24. Intentionally omitted.
  S 25. Intentionally omitted.
  S 26. Section 156-g of the executive law, as added by chapter  303  of
the laws of 2007, is amended to read as follows:
  S 156-g. Establishment of teams for urban search and rescue, specialty
rescue  and incident support. 1. Authorization to establish urban search
and rescue task  force  teams,  specialty  rescue  teams,  and  incident
support  teams. The [state fire administrator] COMMISSIONER OF THE DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES AFTER CONSULTATION WITH
THE STATE FIRE ADMINISTRATOR shall  have  the  authority  to  establish,
organize,  administer,  support, train, and fund urban search and rescue

S. 6606--B                         87                         A. 9706--C

task force teams, specialty rescue teams,  and  incident  support  teams
created pursuant to this section.
  2.  Definitions. For the purposes of this section, the following terms
shall have the following meanings:
  (a) "urban search and rescue task force team" shall mean a specialized
team or group of teams, formed pursuant to this section, organized  with
capabilities  equivalent  to  urban  search  and rescue task force teams
established under the federal emergency management agency  in  order  to
assist in the removal of trapped victims in emergency situations includ-
ing,  but  not  limited  to,  collapsed  structures, trench excavations,
elevated locations, and other technical rescue situations.
  (b) "specialty rescue team" shall  mean  a  specialized  team,  formed
pursuant  to this section, organized to provide technical rescue assist-
ance to first responders including, but not limited  to,  canine  search
and  rescue/disaster  response,  cave search and rescue, collapse search
and rescue, mine and tunnel search and  rescue,  and  swift  water/flood
search and rescue teams. Such teams shall be aligned with one or more of
the search and rescue categories within the federal emergency management
agency's national resource typing system.
  (c)  "incident  support  team"  shall  mean a team of trained response
personnel, formed pursuant to this section, organized to provide coordi-
nation with governmental agencies and non-governmental organizations  as
well  as  technical,  and  logistical support to urban search and rescue
task force teams and specialty rescue teams.
  3. Appointment and training of team members; equipment. (a) The [state
fire administrator] COMMISSIONER OF THE DIVISION  OF  HOMELAND  SECURITY
AND  EMERGENCY  SERVICES  is hereby authorized to appoint members to any
team created pursuant to this section. Team membership shall consist  of
local emergency response personnel, state agency personnel and specialty
personnel as required.
  (b)  The  [state  fire  administrator] COMMISSIONER OF THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES shall be responsible for train-
ing and equipping the teams established pursuant to this section and for
training such other teams located within the state for response to  man-
made  or  natural  disasters  to the extent appropriations are provided.
The [state fire administrator] COMMISSIONER OF THE DIVISION OF  HOMELAND
SECURITY  AND  EMERGENCY SERVICES shall support the capabilities of each
team established pursuant to this section with  the  necessary  training
and  equipment  to ensure mobilization and deployment for rapid response
to emergencies and disasters to the extent appropriations are provided.
  4. Accreditation of teams. The [state fire administrator] COMMISSIONER
OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES  shall  have
the authority to establish an accreditation program to review and evalu-
ate  new  and existing local and regional technical rescue capabilities,
and provide recommendations for  capability  enhancement  in  accordance
with  the  national  incident  management  system, the national response
plan, and nationally recognized standards.
  5. Defense, indemnification and insurance coverage  of  team  members.
Members  of  the teams formed pursuant to this section who are volunteer
firefighters, volunteer ambulance workers, municipal or state employees,
or employees of a non-governmental entity shall be provided coverage  by
their   respective   municipalities,  organizations,  and  entities  for
purposes of sections seventeen and eighteen of the public  officers  law
and/or  other  defense and indemnification coverage and workers' compen-
sation coverage  pursuant  to  applicable  provisions  of  the  workers'
compensation  law  or  benefits pursuant to applicable provisions of the

S. 6606--B                         88                         A. 9706--C

volunteer firefighters' [benefits] BENEFIT law or  the  volunteer  ambu-
lance workers' benefit law. Individuals appointed to an urban search and
rescue  task  force team, a specialty rescue team or an incident support
team,  for  which such coverage is not available, shall be deemed volun-
teer state employees for purposes of section  seventeen  of  the  public
officers law and section three of the workers' compensation law.
  6.  Rules and regulations. The [state fire administrator] COMMISSIONER
OF THE DIVISION  OF  HOMELAND  SECURITY  AND  EMERGENCY  SERVICES  AFTER
CONSULTATION  WITH THE STATE FIRE ADMINISTRATOR shall have the authority
to promulgate rules and regulations as deemed necessary relating to  the
accreditation  of  urban  search  and rescue task force teams, specialty
rescue teams, and incident support teams and to the formation and opera-
tion of all teams established pursuant to this section.
  7. Funding. The [secretary of state and the state fire  administrator]
DIVISION  OF  HOMELAND  SECURITY AND EMERGENCY SERVICES shall expend the
necessary monies for training, equipment, and other items  necessary  to
support  the  operations  of  urban  search and rescue task force teams,
specialty rescue teams and incident support teams within  appropriations
provided.  The  [secretary  of  state  and the state fire administrator]
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES also may,  pursuant
to  applicable  rules  and  regulations  approved by the director of the
division of the budget, approve grants of funds  from  monies  allocated
and appropriated for any or all such teams.
  S 27. Section 157 of the executive law, as added by chapter 225 of the
laws of 1979, is amended to read as follows:
  S 157. Granting authority. The [office of fire prevention and control,
by  and through the state fire administrator] DIVISION OF HOMELAND SECU-
RITY AND EMERGENCY SERVICES BY AND THROUGH THE COMMISSIONER OF THE DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES or his duly  authorized
officers  and  employees, shall administer, carry out and approve grants
of funds from moneys allocated and appropriated therefor, for authorized
arson, fire prevention and control expenditures as defined herein,  that
are  conducted  by  municipal  corporations.    "Authorized  arson, fire
prevention and  control  expenditures"  shall  mean  those  expenditures
utilized  by  a municipal corporation for fire or arson prevention, fire
or arson investigation and arson prosecution. No expenditure  which  has
not  been  specifically  designated  by  the  local legislative body for
arson, fire prevention and control and approved by the  office  of  fire
prevention  and  control  pursuant  to rules and regulations promulgated
thereby shall be considered an "authorized arson,  fire  prevention  and
control  expenditure." The [office of fire prevention and control] DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall adopt, amend  and
rescind  such  rules, regulations and guidelines as may be necessary for
the performance of its functions, powers and duties under this  section.
The [office of fire prevention and control] DIVISION OF HOMELAND SECURI-
TY AND EMERGENCY SERVICES shall allocate grants under this article among
the  municipalities  whose  applications  have  been  approved in such a
manner as will most nearly provide  an  equitable  distribution  of  the
grants  among  municipalities, taking into consideration such factors as
the level of suspected arson activity, population and population  densi-
ty,  the  need  for  state  funding to carry out local programs, and the
potential of the municipalities to effectively employ such grants.
  S 28. Section 158 of the executive law is REPEALED and a  new  section
158 is added to read as follows:
  S 158. FIREFIGHTING TRAINING.  1. FOR THE PURPOSE OF THIS SECTION, THE
TERM  FIRE FIGHTER SHALL MEAN A MEMBER OF A FIRE DEPARTMENT WHOSE DUTIES

S. 6606--B                         89                         A. 9706--C

INCLUDE FIRE SERVICE AS DEFINED IN PARAGRAPH D OF SUBDIVISION ELEVEN  OF
SECTION THREE HUNDRED TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW.
  2.  IN ADDITION TO THE FUNCTIONS, POWERS AND DUTIES OTHERWISE PROVIDED
BY THIS ARTICLE, THE STATE FIRE ADMINISTRATOR MAY PROMULGATE  RULES  AND
REGULATIONS WITH RESPECT TO:
  (A) THE APPROVAL, OR REVOCATION THEREOF, OF FIRE TRAINING PROGRAMS FOR
FIRE FIGHTERS;
  (B)  MINIMUM  COURSES OF STUDY, ATTENDANCE REQUIREMENTS, AND EQUIPMENT
AND FACILITIES TO BE REQUIRED FOR APPROVED FIRE  TRAINING  PROGRAMS  FOR
FIRE FIGHTERS;
  (C)  MINIMUM QUALIFICATIONS FOR INSTRUCTORS FOR APPROVED FIRE TRAINING
PROGRAMS FOR FIRE FIGHTERS;
  (D) THE REQUIREMENTS OF MINIMUM BASIC  TRAINING  WHICH  FIRE  FIGHTERS
APPOINTED TO PROBATIONARY TERMS SHALL COMPLETE BEFORE BEING ELIGIBLE FOR
PERMANENT  APPOINTMENT,  AND  THE  TIME WITHIN WHICH SUCH BASIC TRAINING
MUST BE COMPLETED FOLLOWING SUCH APPOINTMENT TO A PROBATIONARY TERM;
  (E) THE REQUIREMENTS OF MINIMUM BASIC TRAINING WHICH FIRE FIGHTERS NOT
APPOINTED FOR PROBATIONARY TERMS BUT APPOINTED ON OTHER THAN A PERMANENT
BASIS SHALL COMPLETE IN ORDER TO BE ELIGIBLE FOR CONTINUED EMPLOYMENT OR
PERMANENT APPOINTMENT, AND THE TIME WITHIN  WHICH  SUCH  BASIC  TRAINING
MUST BE COMPLETED FOLLOWING SUCH APPOINTMENT ON A NON-PERMANENT BASIS;
  (F)  THE  REQUIREMENTS  FOR  IN-SERVICE  TRAINING PROGRAMS DESIGNED TO
ASSIST FIRE FIGHTERS IN MAINTAINING SKILLS AND BEING INFORMED OF TECHNO-
LOGICAL ADVANCES;
  (G) CATEGORIES OR  CLASSIFICATIONS  OF  ADVANCED  IN-SERVICE  TRAINING
PROGRAMS  AND  MINIMUM COURSES OF STUDY AND ATTENDANCE REQUIREMENTS WITH
RESPECT TO SUCH CATEGORIES OR CLASSIFICATIONS;
  (H) EXEMPTIONS FROM PARTICULAR PROVISIONS OF THIS ARTICLE IN THE  CASE
OF  ANY  COUNTY, CITY, TOWN, VILLAGE OR FIRE DISTRICT, IF IN THE OPINION
OF THE STATE FIRE ADMINISTRATOR THE STANDARDS OF  FIRE  TRAINING  ESTAB-
LISHED  AND  MAINTAINED  BY  SUCH  COUNTY,  CITY,  TOWN, VILLAGE OR FIRE
DISTRICT ARE EQUAL TO OR HIGHER THAN THOSE ESTABLISHED PURSUANT TO  THIS
ARTICLE;  OR REVOCATION IN WHOLE OR IN PART OF SUCH EXEMPTION, IF IN HIS
OR HER OPINION THE STANDARDS OF FIRE TRAINING ESTABLISHED AND MAINTAINED
BY SUCH COUNTY, CITY, TOWN, VILLAGE OR  FIRE  DISTRICT  ARE  LOWER  THAN
THOSE ESTABLISHED PURSUANT TO THIS ARTICLE; AND
  (I)  EDUCATION, HEALTH AND PHYSICAL FITNESS REQUIREMENTS FOR ELIGIBIL-
ITY OF PERSONS FOR PROVISIONAL OR PERMANENT APPOINTMENT IN  THE  COMPET-
ITIVE  CLASS OF THE CIVIL SERVICE AS FIRE FIGHTERS AS IT DEEMS NECESSARY
AND PROPER FOR THE EFFICIENT PERFORMANCE OF SUCH DUTIES;
  3. IN FURTHERANCE OF HIS OR HER FUNCTIONS, POWERS AND  DUTIES  AS  SET
FORTH IN THIS SECTION, THE STATE FIRE ADMINISTRATOR MAY:
  (A)  RECOMMEND  STUDIES,  SURVEYS  AND REPORTS TO BE MADE BY THE STATE
FIRE ADMINISTRATOR REGARDING THE CARRYING  OUT  OF  THE  OBJECTIVES  AND
PURPOSES OF THIS SECTION;
  (B) VISIT AND INSPECT ANY FIRE TRAINING PROGRAMS APPROVED BY THE STATE
FIRE  ADMINISTRATOR  OR FOR WHICH APPLICATION FOR SUCH APPROVAL HAS BEEN
MADE; AND
  (C) RECOMMEND STANDARDS FOR PROMOTION TO SUPERVISORY POSITIONS.
  4. IN ADDITION TO THE FUNCTIONS, POWERS AND DUTIES OTHERWISE  PROVIDED
BY THIS SECTION, THE STATE FIRE ADMINISTRATOR SHALL:
  (A) APPROVE FIRE TRAINING PROGRAMS FOR FIRE FIGHTERS AND ISSUE CERTIF-
ICATES OF APPROVAL TO SUCH PROGRAMS, AND REVOKE SUCH APPROVAL OR CERTIF-
ICATE;

S. 6606--B                         90                         A. 9706--C

  (B)  CERTIFY,  AS  QUALIFIED,  INSTRUCTORS  FOR APPROVED FIRE TRAINING
PROGRAMS FOR FIRE FIGHTERS AND ISSUE APPROPRIATE  CERTIFICATES  TO  SUCH
INSTRUCTORS;
  (C)  CERTIFY  FIRE  FIGHTERS  WHO  HAVE SATISFACTORILY COMPLETED BASIC
TRAINING PROGRAMS AND IN-SERVICE TRAINING PROGRAMS, AND ISSUE  APPROPRI-
ATE CERTIFICATES TO SUCH FIRE FIGHTERS AND REVOKE SUCH CERTIFICATES;
  (D)  CAUSE  STUDIES  AND SURVEYS TO BE MADE RELATING TO THE ESTABLISH-
MENT, OPERATION, EFFECTIVENESS AND APPROVAL OF FIRE TRAINING PROGRAMS;
  (E) CAUSE STUDIES AND SURVEYS TO BE MADE RELATING TO THE COMPLETION OR
PARTIAL COMPLETION OF TRAINING PROGRAMS BY  VIDEO  OR  COMPUTER  TO  THE
MAXIMUM EXTENT PRACTICABLE; AND
  (F)  CONSULT  WITH AND COOPERATE WITH THE STATE UNIVERSITY OF NEW YORK
AND PRIVATE UNIVERSITIES, COLLEGES AND INSTITUTES IN THE STATE  FOR  THE
DEVELOPMENT  OF  SPECIALIZED  COURSES OF STUDY FOR FIRE FIGHTERS IN FIRE
SCIENCE AND FIRE ADMINISTRATION.
  S 29. The executive law is amended by adding a new  section  376-a  to
read as follows:
  S  376-A.  CODE  ENFORCEMENT  TRAINING.    1.  FOR THE PURPOSE OF THIS
SECTION, THE TERM CODE ENFORCEMENT PERSONNEL SHALL MEAN A CODE  ENFORCE-
MENT  OFFICIAL  CHARGED  WITH ENFORCEMENT OF THE UNIFORM FIRE PREVENTION
AND BUILDING CODE OR THE STATE ENERGY CONSERVATION CONSTRUCTION CODE.
  2. IN ADDITION TO THE FUNCTIONS, POWERS AND DUTIES OTHERWISE  PROVIDED
BY  THIS  ARTICLE, THE SECRETARY OF STATE MAY PROMULGATE RULES AND REGU-
LATIONS WITH RESPECT TO:
  (A) THE APPROVAL, OR REVOCATION THEREOF, OF CODE ENFORCEMENT  TRAINING
PROGRAMS FOR CODE ENFORCEMENT PERSONNEL;
  (B)  MINIMUM  COURSES OF STUDY, ATTENDANCE REQUIREMENTS, AND EQUIPMENT
AND FACILITIES TO BE REQUIRED FOR  APPROVED  CODE  ENFORCEMENT  TRAINING
PROGRAMS FOR CODE ENFORCEMENT PERSONNEL;
  (C)  MINIMUM QUALIFICATIONS FOR INSTRUCTORS FOR APPROVED CODE ENFORCE-
MENT TRAINING PROGRAMS FOR CODE ENFORCEMENT PERSONNEL;
  (D) THE REQUIREMENTS OF MINIMUM BASIC TRAINING WHICH CODE  ENFORCEMENT
PERSONNEL  SHALL  COMPLETE IN ORDER TO BE ELIGIBLE FOR CONTINUED EMPLOY-
MENT OR PERMANENT APPOINTMENT, AND THE  TIME  WITHIN  WHICH  SUCH  BASIC
TRAINING MUST BE COMPLETED FOLLOWING SUCH APPOINTMENT;
  (E)  THE  REQUIREMENTS  FOR  IN-SERVICE  TRAINING PROGRAMS DESIGNED TO
ASSIST CODE  ENFORCEMENT  PERSONNEL  IN  MAINTAINING  SKILLS  AND  BEING
INFORMED OF TECHNOLOGICAL ADVANCES;
  (F)  CATEGORIES  OR  CLASSIFICATIONS  OF  ADVANCED IN-SERVICE TRAINING
PROGRAMS AND MINIMUM COURSES OF STUDY AND ATTENDANCE  REQUIREMENTS  WITH
RESPECT TO SUCH CATEGORIES OR CLASSIFICATIONS;
  (G)  EXEMPTIONS FROM PARTICULAR PROVISIONS OF THIS ARTICLE IN THE CASE
OF ANY COUNTY, CITY, TOWN, OR VILLAGE IF IN THE OPINION OF THE SECRETARY
OF STATE THE STANDARDS OF  CODE  ENFORCEMENT  TRAINING  ESTABLISHED  AND
MAINTAINED BY SUCH COUNTY, CITY, TOWN, OR VILLAGE ARE EQUAL TO OR HIGHER
THAN  THOSE ESTABLISHED PURSUANT TO THIS ARTICLE; OR REVOCATION IN WHOLE
OR IN PART OF SUCH EXEMPTION, IF IN HIS OR HER OPINION THE STANDARDS  OF
CODE  ENFORCEMENT  TRAINING  ESTABLISHED  AND MAINTAINED BY SUCH COUNTY,
CITY, TOWN, OR VILLAGE ARE LOWER THAN THOSE ESTABLISHED PURSUANT TO THIS
ARTICLE;
  3. IN FURTHERANCE OF HIS OR HER FUNCTIONS, POWERS AND  DUTIES  AS  SET
FORTH IN THIS SECTION, THE SECRETARY OF STATE MAY:
  (A)  RECOMMEND  STUDIES, SURVEYS AND REPORTS TO BE MADE BY THE DEPART-
MENT OF STATE REGARDING THE CARRYING OUT OF THE OBJECTIVES AND  PURPOSES
OF THIS SECTION;

S. 6606--B                         91                         A. 9706--C

  (B)  VISIT AND INSPECT ANY CODE ENFORCEMENT TRAINING PROGRAMS APPROVED
BY THE SECRETARY OF STATE OR FOR WHICH APPLICATION FOR SUCH APPROVAL HAS
BEEN MADE; AND
  (C) RECOMMEND STANDARDS FOR PROMOTION TO SUPERVISORY POSITIONS.
  4.  IN ADDITION TO THE FUNCTIONS, POWERS AND DUTIES OTHERWISE PROVIDED
BY THIS SECTION, THE SECRETARY OF STATE SHALL:
  (A) APPROVE CODE ENFORCEMENT TRAINING PROGRAMS  FOR  CODE  ENFORCEMENT
PERSONNEL  AND  ISSUE  CERTIFICATES  OF  APPROVAL  TO SUCH PROGRAMS, AND
REVOKE SUCH APPROVAL OR CERTIFICATE;
  (B) CERTIFY, AS QUALIFIED, INSTRUCTORS FOR APPROVED  CODE  ENFORCEMENT
TRAINING  PROGRAMS  FOR CODE ENFORCEMENT PERSONNEL AND ISSUE APPROPRIATE
CERTIFICATES TO SUCH INSTRUCTORS;
  (C)  CERTIFY  CODE  ENFORCEMENT  PERSONNEL  WHO  HAVE   SATISFACTORILY
COMPLETED  BASIC TRAINING PROGRAMS AND IN-SERVICE TRAINING PROGRAMS, AND
ISSUE APPROPRIATE CERTIFICATES TO SUCH CODE ENFORCEMENT  PERSONNEL,  AND
REVOKE SUCH CERTIFICATE;
  (D)  CAUSE  STUDIES  AND SURVEYS TO BE MADE RELATING TO THE ESTABLISH-
MENT, OPERATION, EFFECTIVENESS AND APPROVAL OF CODE ENFORCEMENT TRAINING
PROGRAMS;
  (E) CAUSE STUDIES AND SURVEYS TO BE MADE RELATING TO THE COMPLETION OR
PARTIAL COMPLETION OF TRAINING PROGRAMS BY  VIDEO  OR  COMPUTER  TO  THE
MAXIMUM EXTENT PRACTICABLE;
  (F)  CONSULT  WITH AND COOPERATE WITH THE STATE UNIVERSITY OF NEW YORK
AND PRIVATE UNIVERSITIES, COLLEGES AND INSTITUTES IN THE STATE  FOR  THE
DEVELOPMENT OF SPECIALIZED COURSES OF STUDY FOR CODE ENFORCEMENT PERSON-
NEL.
  S  29-a. Sections 159, 159-a, 159-b, 159-c, and 159-d of the executive
law are REPEALED.
  S 29-b. The executive law is amended by adding a new  section  159  to
read as follows:
  S  159. ADVISORY COUNCIL FOR FIRE PREVENTION AND CONTROL. 1.  THERE IS
HEREBY CREATED WITHIN THE DIVISION OF HOMELAND  SECURITY  AND  EMERGENCY
SERVICES  AN  ADVISORY  COUNCIL  FOR FIRE PREVENTION AND CONTROL FOR THE
PURPOSE OF ADVISING THE COMMISSIONER AND THE  STATE  FIRE  ADMINISTRATOR
WITH REGARD TO: (A) EXECUTION OF THE FUNCTIONS, POWERS AND DUTIES OF THE
OFFICE  WITH  RESPECT TO FIRE AND ARSON PREVENTION AND CONTROL SERVICES,
POLICIES AND PROGRAMS; (B) RECOMMENDATIONS ON COURSES OF INSTRUCTION AND
STANDARDS FOR TRAINING OF FIREFIGHTERS OF FIRE DEPARTMENTS, FIRE  COMPA-
NIES,  MUNICIPAL  CORPORATIONS,  DISTRICTS,  AND PRIVATE INDUSTRY OF THE
STATE; (C) RECOMMENDATIONS ON FEDERAL AND STATE LEGISLATION AND PROGRAMS
RELATING TO FIRE AND ARSON PREVENTION SERVICES, POLICIES  AND  PROGRAMS;
AND  (D) RECOMMENDATIONS UPON SUCH OTHER MATTERS AS THE COMMISSIONER AND
THE STATE FIRE ADMINISTRATOR MAY REQUEST.
  2. THE COUNCIL SHALL BE COMPOSED OF THE STATE FIRE  ADMINISTRATOR,  AS
CHAIR,  OR  HIS  OR  HER DESIGNEE, AND TWELVE OTHER MEMBERS APPOINTED AS
FOLLOWS: SIX MEMBERS APPOINTED BY THE GOVERNOR; TWO MEMBERS APPOINTED BY
THE TEMPORARY PRESIDENT OF THE  SENATE;  ONE  MEMBER  APPOINTED  BY  THE
MINORITY  LEADER  OF THE SENATE; TWO MEMBERS APPOINTED BY THE SPEAKER OF
THE ASSEMBLY; ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE  ASSEM-
BLY.  MEMBERS OF THE FIRE SAFETY ADVISORY BOARD, THE ARSON BOARD AND THE
FIREFIGHTING AND  CODE  ENFORCEMENT  PERSONNEL  STANDARD  AND  EDUCATION
COMMISSION MAY BE APPOINTED TO THIS ADVISORY COUNCIL.
  3.  MEMBERSHIP  OF  SUCH COUNCIL SHALL CONSIST OF REPRESENTATIVES FROM
THE VOLUNTEER AND CAREER FIRE SERVICE, AT  LEAST  HALF  OF  WHICH  SHALL
SERVE AT THE MUNICIPAL LEVEL.

S. 6606--B                         92                         A. 9706--C

  4.  MEMBERS  OF  THE COUNCIL, OTHER THAN THE STATE FIRE ADMINISTRATOR,
SHALL SERVE FOR TERMS OF THREE YEARS, WITH SUCH  TERMS  TO  COMMENCE  ON
APRIL FIRST AND EXPIRE ON MARCH THIRTY-FIRST.
  5.  NO  MEMBER  OF  THE COUNCIL SHALL BE DISQUALIFIED FROM HOLDING ANY
OTHER PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY  SUCH
OFFICE  OR  EMPLOYMENT  BY REASON OF THE APPOINTMENT HEREUNDER, NOTWITH-
STANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW,  ORDINANCE
OR CITY CHARTER.
  6.  THE COUNCIL SHALL MEET AT LEAST TWICE A YEAR. SPECIAL MEETINGS MAY
BE CALLED BY THE CHAIRPERSON. THE AGENDA AND MEETING PLACE OF ALL  REGU-
LAR OR SPECIAL MEETINGS SHALL BE MADE AVAILABLE TO THE PUBLIC IN ADVANCE
OF SUCH MEETING.
  7.  MEMBERS  OF  THE  COUNCIL  SHALL  SERVE WITHOUT SALARY OR PER DIEM
ALLOWANCE, BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND  NECES-
SARY  EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES UNDER THIS
SECTION, PROVIDED, HOWEVER, THAT SUCH MEMBERS ARE NOT, AT THE TIME  SUCH
EXPENSES  ARE  INCURRED,  PUBLIC  EMPLOYEES  OTHERWISE  ENTITLED TO SUCH
REIMBURSEMENT.
  8. THE CHAIRPERSON MAY CREATE SUBCOMMITTEES AS HE OR SHE MAY FROM TIME
TO TIME DEEM APPROPRIATE TO PROVIDE THE COUNCIL WITH ADVICE  AND  RECOM-
MENDATIONS.   MEMBERS   OF  SUCH  SUBCOMMITTEES  SHALL  BE  ENTITLED  TO
REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORM-
ANCE OF OFFICIAL DUTIES UNDER THIS SECTION, PROVIDED, HOWEVER, THAT SUCH
MEMBERS ARE NOT, AT THE TIME SUCH EXPENSES ARE INCURRED, PUBLIC  EMPLOY-
EES OTHERWISE ENTITLED TO SUCH REIMBURSEMENT.
  S  30.  Section  97-pp of the state finance law, as amended by chapter
631 of the laws of 1994, subdivisions 4, 5 and 6 as amended  by  chapter
72 of the laws of 2006, is amended to read as follows:
  S  97-pp. New York state emergency services revolving loan account. 1.
There  is  hereby  established  within  the  combined  expendable  trust
fund-020  in  the  custody  of the state comptroller a new account to be
known as the "New York state emergency services revolving loan account".
  2. The account shall  consist  of  all  moneys  appropriated  for  its
purpose, all moneys transferred to such account pursuant to law, and all
moneys  required  by  this  section  or any other law to be paid into or
credited to this account, including all moneys received by  the  account
or  donated to it, payments of principal and interest on loans made from
the account, and any interest earnings which may accrue from the invest-
ment or reinvestment of moneys from the account.
  3. Moneys of the account, when allocated, shall be  available  to  the
[secretary  of  state] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES to make loans as provided in this section. Up  to
five  percent of the moneys of the account or two hundred fifty thousand
dollars, whichever is less, may be used to pay the  expenses,  including
personal  service  and maintenance and operation, in connection with the
administration of such loans.
  4. (a) The [secretary of state] COMMISSIONER OF THE DIVISION OF  HOME-
LAND SECURITY AND EMERGENCY SERVICES, on recommendation of the [emergen-
cy  services loan board] STATE FIRE ADMINISTRATOR, may make, upon appli-
cation duly made, up to the amounts available  by  appropriation,  loans
for:
  (i)  Purchasing  fire  fighting  apparatus. A loan for purchasing fire
fighting apparatus shall not exceed the lesser of  two  hundred  twenty-
five  thousand  dollars  or seventy-five percent of the cost of the fire
fighting apparatus; provided, however, that loans issued in response  to
a joint application shall not exceed the lesser of four hundred thousand

S. 6606--B                         93                         A. 9706--C

dollars or seventy-five percent of the cost of the fire fighting appara-
tus.
  (ii)  Purchasing  ambulances or rescue vehicles. A loan for purchasing
an ambulance or a rescue vehicle shall not  exceed  the  lesser  of  one
hundred  fifty  thousand  dollars or seventy-five percent of the cost of
the ambulance or rescue vehicle; provided, however, that loans issued in
response to a joint application shall  not  exceed  the  lesser  of  two
hundred  sixty-five thousand dollars or seventy-five percent of the cost
of the ambulance or rescue vehicle.
  (iii) Purchasing protective equipment or  communication  equipment.  A
loan  for  purchasing protective equipment or communication equipment or
both shall not exceed one hundred thousand dollars. Communication equip-
ment purchased with such loan shall, to the maximum extent  practicable,
be  compatible with the communication equipment of adjacent services and
jurisdictions; provided, however, that loans issued  in  response  to  a
joint  application  shall  not  exceed  one  hundred sixty-five thousand
dollars.
  (iv) Repairing or rehabilitating fire fighting apparatus,  ambulances,
or rescue vehicles. A loan for repairing or rehabilitating fire fighting
apparatus, ambulances, or rescue vehicles shall not exceed the lesser of
seventy-five  thousand dollars or one hundred percent of the cost of the
repair or  rehabilitation;  provided,  however,  that  loans  issued  in
response  to  a  joint  application  shall  not exceed the lesser of one
hundred thirty-five thousand dollars or one hundred percent of the  cost
of the repair or rehabilitation.
  (v)  Purchasing  accessory  equipment. A loan for purchasing accessory
equipment shall not  exceed  seventy-five  thousand  dollars;  provided,
however,  that loans issued in response to a joint application shall not
exceed one hundred thirty-five thousand dollars.
  (vi) Renovating, rehabilitating or  repairing  facilities  that  house
firefighting  equipment,  ambulances, rescue vehicles and related equip-
ment. A loan for this purpose shall not exceed the lesser of one hundred
fifty thousand dollars or  seventy-five  percent  of  the  cost  of  the
project;  provided,  however,  that  loans issued in response to a joint
application shall not exceed the lesser of two hundred sixty-five  thou-
sand dollars or seventy-five percent of the cost of the project.
  (vii)  Construction costs associated with the establishment of facili-
ties that house firefighting equipment, ambulances, rescue vehicles  and
related  equipment.  A loan for this purpose shall not exceed the lesser
of three hundred thousand dollars or seventy-five percent of the cost of
the construction, or be used for the payment of fees for  design,  plan-
ning,  preparation of applications or other costs not directly attribut-
able to land acquisitions or construction; provided, however, that loans
issued in response to a joint application shall not exceed the lesser of
five hundred twenty-five thousand dollars or seventy-five percent of the
cost of the construction, or be used for the payment of fees for design,
planning, preparation  of  applications  or  other  costs  not  directly
attributable to land acquisitions or construction.
  (viii) Construction costs associated with the establishment of facili-
ties  for  the  purpose  of  live fire training. A loan for this purpose
shall not be granted if another live fire training facility  is  located
within the boundaries of the county or within twenty-five miles.  A loan
for  this purpose shall not exceed the lesser of one hundred fifty thou-
sand dollars or  seventy-five  percent  of  the  cost  of  construction,
provided, however, joint applications shall not exceed the lesser of two
hundred  sixty-five thousand dollars or seventy-five percent of the cost

S. 6606--B                         94                         A. 9706--C

of construction or be used for the payment of fees for design, planning,
preparation of applications or other costs not directly attributable  to
land acquisitions or construction.
  (b)  No  loan  authorized  by this section shall have an interest rate
exceeding two and one-half percent. No applicant shall  receive  a  loan
for  any  purpose under paragraph (a) of this subdivision more than once
in any five-year period; provided, however, that  joint  applicants  may
receive  up  to two loans in any five year period. The minimum amount of
any loan shall be five thousand dollars. The period of  any  loan  shall
not  exceed  the  period  of  probable usefulness, prescribed by section
11.00 of the local finance  law,  for  the  emergency  equipment  to  be
purchased  with  the  proceeds  of  the  loan  or, if no period be there
prescribed, five years. The total amount of any interest earned  by  the
investment  or  reinvestment of all or part of the principal of any loan
made under this section shall be returned to the  [secretary  of  state]
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
for deposit in the account and shall not be credited as payment of prin-
cipal  or interest on the loan. The [secretary of state] COMMISSIONER OF
THE DIVISION OF HOMELAND SECURITY AND  EMERGENCY  SERVICES  may  require
security  for any loan and may specify the priority of liens against any
emergency equipment wholly or partially  purchased  with  moneys  loaned
under  this  section. The [secretary of state] COMMISSIONER OF THE DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES may  make  loans  under
this  section subject to such other terms and conditions the [secretary]
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
deems proper.
  (c) The [secretary of state] COMMISSIONER OF THE DIVISION OF  HOMELAND
SECURITY  AND EMERGENCY SERVICES shall have the power to make such rules
and regulations as  may  be  necessary  and  proper  to  effectuate  the
purposes of this section.
  (d)  The [secretary of state] COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES shall annually report by March fifteenth
to the governor and the legislature describing the activities and opera-
tion of the loan program authorized by this section. Such  report  shall
set  forth  the  number  of loan applications received and approved; the
number of joint applications received and approved; the names  of  coun-
ties, cities, towns, villages and fire districts receiving loans togeth-
er  with  the amount and purpose of the loan, the interest rate charged,
and the outstanding balance; and the balance remaining in the  New  York
state  emergency services revolving loan account, along with fund reven-
ues and expenditures for the previous fiscal year, and projected  reven-
ues and expenditures for the current and following fiscal years.
  5.  (a)  Application  for  loans may be made by a town, village, city,
fire district, fire  protection  district,  independent,  not-for-profit
fire  and  ambulance  corporation  or county, other than a county wholly
contained within a city, provided  that  the  application  is  otherwise
consistent  with its respective powers. Applications may also be submit-
ted jointly by multiple applicants  provided  that  the  application  is
otherwise consistent with each applicant's respective powers.
  (b)  Every application shall be in a form acceptable to the [secretary
of state] COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY SERVICES.  Every application shall accurately reflect the  conditions
which  give  rise to the proposed expenditure and accurately reflect the
ability of the  applicant  to  make  such  an  expenditure  without  the
proceeds of a loan under this section.

S. 6606--B                         95                         A. 9706--C

  (c)  (i) The [emergency services loan board] COMMISSIONER OF THE DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall  give  preference
to  those applications which demonstrate the greatest need, joint appli-
cations, and to those applications the proceeds of which will be applied
toward  attaining  compliance with federal and state laws and may disap-
prove any application which contains no adequate demonstration  of  need
or which would result in inequitable or inefficient use of the moneys in
the account.
  (ii)  In  making  determinations  on loan applications, the [emergency
services loan board] COMMISSIONER OF THE DIVISION OF  HOMELAND  SECURITY
AND  EMERGENCY SERVICES shall assure that loan fund moneys are equitably
distributed among all sectors of the emergency  services  community  and
all  geographical  areas of the state. Loans for the purpose of personal
protective firefighting equipment shall be given preference for a period
of two years from the date the first loan is made. Not less  than  fifty
percent  of  the  loans  annually made shall be made to applicants whose
fire protection or ambulance service is provided by a fire department or
ambulance service whose membership is comprised  exclusively  of  volun-
teers and whose budget for the fiscal year immediately preceding did not
exceed one hundred thousand dollars.
  (d)  [An  application  or  joint  application shall be referred by the
secretary of state to the emergency services loan board. The board shall
consist of the following thirteen members: the  secretary  of  state  as
chair,  or  the secretary's designee, the state fire administrator, five
members appointed by the governor, two members appointed by  the  tempo-
rary  president  of  the senate, two members appointed by the speaker of
the assembly, one member appointed by the minority leader of the senate,
and one member appointed by the minority leader of the assembly.    Each
member  of the board shall serve at the pleasure of the appointing offi-
cial. Members of the board shall serve without salary or per diem allow-
ance, but shall be entitled to reimbursement for  actual  and  necessary
expenses  incurred  in  the  performance  of  official duties under this
section, provided, however, that such members are not, at the time  such
expenses  are  incurred,  public  employees  otherwise  entitled to such
reimbursement.  Notwithstanding  any  inconsistent  provisions  of  law,
general, special or local, no officer or employee of the state, or poli-
tical  subdivision  of  the state, any governmental entity operating any
public school or college or other public agency  or  instrumentality  or
unit of government which exercises governmental powers under the laws of
the state, shall forfeit office or employment by reason of acceptance or
appointment  as  a member, representative, officer, employee or agent of
the board nor shall service as  such  member,  representative,  officer,
employee  or  agent  of  the board be deemed incompatible or in conflict
with such office or employment.
  (e)] An application or joint application shall not be approved:
  (i) if the applicant or applicants are in arrears on  any  prior  loan
under this section,
  (ii)  if it shall be shown that at any time in the prior ten years the
applicant or applicants used state funds to repay all  or  part  of  any
loan made under this section.
  [(f)]  (E)  The  [emergency  services  loan board] COMMISSIONER OF THE
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES shall, to the maxi-
mum extent feasible, and consistent with the other  provisions  of  this
section,  seek  to provide that loans authorized by this section reflect
an appropriate geographic distribution, are  distributed  equitably  and
encourage regional cooperation.

S. 6606--B                         96                         A. 9706--C

  6.  For  purposes  of this section, the following terms shall have the
accompanying meanings:
  (a)  "Fire  companies"  means (i) a fire company, the members of which
are firefighters, volunteer, paid or both,  of  a  county,  city,  town,
village,  fire  district or fire department, or (ii) a fire corporation,
the members of which are firefighters, volunteer, paid or both,  provid-
ing fire protection pursuant to a fire protection contract within a fire
protection district of a town.
  (b)  "Volunteer  ambulance  service" means an individual, partnership,
association, corporation, municipality or any legal or public entity  or
subdivision  thereof engaged in providing emergency medical services and
the transportation of sick, disabled or injured persons by  motor  vehi-
cle,  aircraft  or  other  form  of transportation to or from facilities
providing hospital services which is (i)  operating  not  for  pecuniary
profit  or  financial  gain, and (ii) no part of the assets or income of
which is distributable to, or inures to the  benefit  of,  its  members,
directors or officers.
  (c)   "Ambulance"   means  a  motor  vehicle  designed,  appropriately
equipped, and used for carrying sick or injured persons.
  (d) "Accessory equipment" means equipment  necessary  to  support  the
ordinary  functions  of  fire  fighting,  emergency medical services, or
rescue activities other than communication equipment, protective  equip-
ment, and motor vehicles together with their fixtures and appointments.
  (e)  "Account"  means  the New York state emergency services revolving
loan account established by this section within the combined  expendable
trust fund-020.
  (f) "Communication equipment" means any voice or original transmission
system  or  telemetry  system used to enhance fire fighter safety on the
grounds of a fire or other emergency.
  (g) "Emergency equipment" means any or all  of  the  following:  ambu-
lances,  accessory  equipment,  communication  equipment,  fire fighting
apparatus, protective equipment, and rescue vehicles.
  (h) "Fire fighting apparatus" means elevated equipment, pumpers, tank-
ers, ladder trucks, hazardous materials emergency response vehicles,  or
other  such  specially equipped motor vehicles used for fire protection,
together with the fixtures and appointments necessary to  support  their
functions.
  (i)  "Joint application" means an application submitted by two or more
towns, villages, cities,  fire  districts,  fire  protection  districts,
not-for-profit fire and ambulance corporations or counties, other than a
county  wholly  contained  within  a  city, for any purposes provided in
subdivision four of this section.
  (j) "Protective equipment" means any clothing and devices that  comply
with  occupational  safety  and health administration standards (federal
occupational safety and health act regulations) used to protect  person-
nel  who  provide  emergency services from injury while performing their
functions, including, but not limited to, helmets, coats, boots,  eyesh-
ields, gloves and self contained respiratory protection devices.
  (k) "Rescue vehicle" means a motor vehicle, other than an ambulance or
fire fighting apparatus, appropriately equipped and used to support fire
department  operations  and includes a vehicle specifically for carrying
accessory equipment.
  S 31. Section 326 of the county law, as added by section 1 of  part  G
of chapter 81 of the laws of 2002, is amended to read as follows:
  S  326. New York state [911] INTEROPERABLE AND EMERGENCY COMMUNICATION
board. The "New York state [911] INTEROPERABLE  AND  EMERGENCY  COMMUNI-

S. 6606--B                         97                         A. 9706--C

CATION  board"  is  hereby  established within the [department of state]
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES.   The board  shall
assist  local governments, service suppliers, wireless telephone service
suppliers  and appropriate state agencies by facilitating the most effi-
cient and effective routing of 911 emergency calls;  developing  minimum
standards  for public safety answering points; promoting the exchange of
information, including emerging technologies; and encouraging the use of
best practice standards among the public safety answering point communi-
ty.
  S 32.  Section 328 of the county law is amended by adding a new subdi-
vision 10 to read as follows:
  10. A.  THE NEW YORK STATE INTEROPERABLE AND  EMERGENCY  COMMUNICATION
BOARD  SHALL MAKE RECOMMENDATIONS TO THE COMMISSIONER OF THE DIVISION OF
HOMELAND SECURITY AND EMERGENCY SERVICES ON THE  EXPENDITURE  OF  GRANTS
AND OTHER FUNDING PROGRAMS RELATED TO INTEROPERABLE AND EMERGENCY COMMU-
NICATIONS.  IN CARRYING OUT THIS RESPONSIBILITY, AND CONSISTENT WITH THE
MISSION OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE
BOARD WILL MAKE RECOMMENDATIONS RELATED TO THE DEVELOPMENT, COORDINATION
AND IMPLEMENTATION OF POLICIES, PLANS, STANDARDS, PROGRAMS AND  SERVICES
RELATED TO INTEROPERABLE AND EMERGENCY COMMUNICATIONS, INCLUDING BUT NOT
LIMITED  TO  ENSURING COMPLIANCE WITH FEDERAL MANDATES FOR INTEROPERABLE
COMMUNICATIONS AND COMPATIBILITY WITH THE NATIONAL  INCIDENT  MANAGEMENT
SYSTEM.
  B.  THE  BOARD,  IN  FULFILLING  ITS  ROLE TO PROVIDE ONGOING GUIDANCE
REGARDING POLICIES, PLANS, STANDARDS, PROGRAMS AND SERVICES  RELATED  TO
INTEROPERABLE AND EMERGENCY COMMUNICATIONS, SHALL:
  (1)  ESTABLISH  STRUCTURES  AND  GUIDELINES  TO MAINTAIN INTEROPERABLE
COMMUNICATIONS PLANNING AND COORDINATION AT THE STATEWIDE LEVEL;
  (2) ESTABLISH, PROMULGATE AND REVISE STANDARDS FOR  THE  OPERATION  OF
PUBLIC SAFETY ANSWERING POINTS; AND
  (3)  ESTABLISH  GUIDELINES  REGARDING THE CREATION OF REGIONALLY BASED
RADIO COMMUNICATIONS SYSTEMS COMPATIBLE WITH THE STRUCTURES  AND  GUIDE-
LINES  CREATED UNDER SUBPARAGRAPH ONE OF THIS PARAGRAPH AND WITH FEDERAL
MANDATES AND BEST PRACTICES.
  S 33. Section 327 of the county law, as added by section 1 of  part  G
of chapter 81 of the laws of 2002, subdivision 5 as amended by section 2
of  part  Y  of  chapter  62  of the laws of 2003, is amended to read as
follows:
  S 327. New York state [911] INTEROPERABLE AND EMERGENCY  COMMUNICATION
board  membership.  1. The board shall consist of [thirteen] TWENTY-FIVE
members who shall be selected as follows:
  (a) one shall be the [secretary of state] STATEWIDE INTEROPERABLE  AND
EMERGENCY  COMMUNICATION  COORDINATOR, or his or her designee, who shall
be the chairperson of the board;
  (b) one shall be the commissioner of criminal justice services, or his
or her designee;
  (c) [five] ONE SHALL BE THE SUPERINTENDENT OF THE STATE POLICE, OR HIS
OR HER DESIGNEE;
  (D) ONE SHALL BE THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY  AND
NAVAL AFFAIRS, OR HIS OR HER DESIGNEE;
  (E) ONE SHALL BE THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY SERVICES, OR HIS OR HER DESIGNEE;
  (F) ONE SHALL BE THE COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION,
OR HIS OR HER DESIGNEE;
  (G)  ONE SHALL BE THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, OR HIS
OR HER DESIGNEE;

S. 6606--B                         98                         A. 9706--C

  (H) ONE SHALL BE THE DIRECTOR OF THE OFFICE FOR TECHNOLOGY, OR HIS  OR
HER DESIGNEE;
  (I)  SEVEN shall be appointed by the governor; provided, however, that
no more than two such appointments made pursuant to this paragraph shall
be from the same category of members as provided for in subdivision  two
of this section;
  [(d)  three]  (J)  FIVE  shall  be  appointed by the governor upon the
recommendation of the  temporary  president  of  the  senate;  provided,
however,  that  no  more than one such appointment made pursuant to this
paragraph shall be from the same category of members as provided for  in
subdivision two of this section; and
  [(e)  three]  (K)  FIVE  shall  be  appointed by the governor upon the
recommendation of the speaker of the assembly; provided,  however,  that
no  more than one such appointment made pursuant to this paragraph shall
be from the same category of members as provided for in subdivision  two
of this section.
  2.  The  members  appointed  upon  the recommendation of the temporary
president of the senate and the speaker of the assembly, and the members
appointed by the governor pursuant to paragraph (c) of  subdivision  one
of  this section, SHALL HAVE EXPERIENCE WITH INTEROPERABLE AND EMERGENCY
COMMUNICATION ISSUES, AND shall be representative of chiefs  of  police,
sheriffs,  fire  chiefs  and  departments,  ambulance service providers,
including proprietary or volunteer ambulance services, county 911  coor-
dinators,  emergency  managers, local elected officials, [wireless tele-
phone service suppliers, service suppliers]  NON-GOVERNMENTAL  ORGANIZA-
TIONS SPECIALIZING IN DISASTER RELIEF, TRIBAL NATION REPRESENTATION, AND
STATEWIDE  FIRST  RESPONDER ASSOCIATIONS, or representatives of consumer
interests.
  3. Each board member shall be appointed for  a  term  of  four  years.
Vacancies  in the board occurring otherwise than by expiration of a term
shall be filled for the  unexpired  term  in  the  same  manner  as  the
original  appointment. The board shall meet as frequently as it may deem
necessary and at least four times each year on such dates as agreed upon
by the board. The board may approve and from time to time  amend  bylaws
in  relation  to  its  meetings  and  the transaction of its business. A
majority of the members of the board then in office shall  constitute  a
quorum  for the transaction of any business or the exercise of any power
by the board.
  4. Members of the  board  shall  receive  no  compensation  for  their
services,  but  shall  be  reimbursed  for actual and necessary expenses
incurred by them in the performance of their duties. Notwithstanding any
inconsistent provisions of law, no officer or employee of the  state  or
any  political  subdivision  of  the  state shall forfeit such office or
employment by reason of acceptance or appointment as  a  member  of  the
board. For purposes of section thirteen of article thirteen of the state
constitution,  membership on the board by a sheriff shall not constitute
public office.
  5. Article two of the state administrative  procedure  act  shall  not
apply,  provided, however, that the board shall publicly post the stand-
ards proposed pursuant to section three  hundred  twenty-eight  of  this
article  no  later  than  forty-five  days prior to their adoption. Such
standards shall be posted in appropriate publications, the state  regis-
ter and on the [department of state's] DIVISION OF HOMELAND SECURITY AND
EMERGENCY  SERVICES'  website.  During  such  forty-five day period, the
board shall receive and consider public comment on the  proposed  stand-
ards  before adopting final standards. Upon final adoption, those stand-

S. 6606--B                         99                         A. 9706--C

ards adopted pursuant to section  three  hundred  twenty-eight  of  this
article  shall be posted in appropriate publications, the state register
and on the [department of state's] DIVISION  OF  HOMELAND  SECURITY  AND
EMERGENCY SERVICES' website.
  6.  The board shall be subject to articles six and seven of the public
officers law.
  S 34. Section 328-a of the county law is REPEALED.
  S 35. Section 328-b of the county law, as added by section 1 of part G
of chapter 81 of the laws of 2002, is amended to read as follows:
  S 328-b. Powers and duties of the chairperson. 1. The  chairperson  of
the board shall coordinate efforts among other executive agencies having
an  interest  in  the  duties  of the board, and shall consult with such
agencies in carrying out the duties of the board.
  2. The chairperson shall receive such assistance as required to  carry
out its duties from staff of the [department of state] DIVISION OF HOME-
LAND  SECURITY  AND  EMERGENCY SERVICES designated for such purposes, as
well as staff members recommended by other state agencies to the  chair-
person.
  3.  The  board  may request and receive from any department, division,
board, bureau, commission, or other agency of the state or any political
subdivision thereof such  assistance,  information,  and  data  as  will
enable the board to properly carry out its functions, powers, and duties
under this article.
  S 36. Section 331 of the county law is REPEALED.
  S 37. Section 332 of the county law is REPEALED.
  S  38. Paragraph (c) of subdivision 6 of section 186-f of the tax law,
as added by section 3 of part B of chapter 56 of the laws  of  2009,  is
amended to read as follows:
  (c) [To fund costs associated with the design, construction, and oper-
ation  of  the statewide wireless network annually pursuant to appropri-
ation by the legislature] UP TO THE SUM OF SEVENTY-FIVE MILLION  DOLLARS
ANNUALLY  MAY  BE  USED FOR THE PROVISION OF GRANTS OR REIMBURSEMENTS TO
COUNTIES FOR THE DEVELOPMENT,  CONSOLIDATION,  OR  OPERATION  OF  PUBLIC
SAFETY  COMMUNICATIONS SYSTEMS OR NETWORKS DESIGNED TO SUPPORT STATEWIDE
INTEROPERABLE COMMUNICATIONS FOR FIRST  RESPONDERS,  TO  BE  DISTRIBUTED
PURSUANT  TO STANDARDS AND GUIDELINES ISSUED BY THE STATE. ANNUAL GRANTS
MAY CONSIDER COSTS BORNE BY A MUNICIPALITY RELATED TO  THE  ISSUANCE  OF
LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS PURSUANT TO SECTION TWENTY-FOUR
HUNDRED  THIRTY-TWO OF THE PUBLIC AUTHORITIES LAW, WHEN THE MUNICIPALITY
HAS QUALIFIED AS AN APPROVED PARTICIPANT IN  A  STATEWIDE  INTEROPERABLE
COMMUNICATIONS  SYSTEM  UNDER THE STANDARDS AND GUIDELINES ISSUED BY THE
STATE, AND MAINTAINS COMPLIANCE WITH SUCH STANDARDS AND GUIDELINES.  THE
GRANT  AMOUNT WILL BE PRESCRIBED PURSUANT TO AN AGREEMENT WITH THE MUNI-
CIPALITY, AND MAY NOT EXCEED THIRTY PERCENT OF THE ANNUAL COST BORNE  BY
THE MUNICIPALITY IN RELATION TO SUCH BONDS;
  S  39. Paragraphs (d) and (e) of subdivision 6 of section 186-f of the
tax law, as added by section 3 of part B of chapter 56 of  the  laws  of
2009, are amended and a new paragraph (e) is added to read as follows:
  (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[.]; AND

S. 6606--B                         100                        A. 9706--C

  (E)  SERVICES  AND EXPENSES THAT SUPPORT THE OPERATIONS AND MISSION OF
THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AS APPROPRIATED
BY THE LEGISLATURE.
  S  40.  Section  156-e  of the executive law, as added by section 2 of
part A of chapter 81 of the laws of 2002, is amended to read as follows:
  S 156-e. College fire safety. 1. Notwithstanding the provisions of any
law to the contrary, the office of fire prevention and  control  OF  THE
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, by and through the
state  fire  administrator or their duly authorized officers and employ-
ees, shall have the responsibility to annually inspect  buildings  under
the  jurisdiction  of public colleges and independent colleges, as these
terms are defined in section eight hundred seven-b of the education law,
for compliance with and violations of the uniform  fire  prevention  and
building code; or any other applicable code, rule or regulation pertain-
ing  to  fire  safety. Buildings subject to inspection are all buildings
under the jurisdiction of such colleges used for  classroom,  dormitory,
fraternity,  sorority,  laboratory,  physical  education, dining, recre-
ational or other purposes.
  2. a. The office of fire prevention and control shall have  the  power
to issue a notice of violation and orders requiring the remedying of any
condition  found  to  exist  in,  on  or  about  any such building which
violates the uniform fire prevention and building  code,  or  any  other
code,  rule  or regulation pertaining to fire safety, fire safety equip-
ment and fire safety devices.  Such  office  is  further  authorized  to
promulgate  regulations regarding the issuance of violations, compliance
with orders, and providing for time for compliance, reinspection  proce-
dures, and issuance of certificates of conformance.
  b.  Where  any college authority in general charge of the operation of
any public or independent college buildings is served personally  or  by
registered  or  certified  mail  with  an  order  of  the office of fire
prevention and control to remedy any violation and fails to comply  with
such  order  immediately  or  within such other time as specified in the
order, the office of fire prevention and control may avail itself of any
or all of the following remedies: (1) assess a civil penalty  of  up  to
five hundred dollars per day until the violation is corrected; (2) order
immediate  closure  of  the building, buildings or parts thereof where a
violation exists that poses an imminent  threat  to  public  health  and
safety;  (3) [exercise all of the authority conferred upon the secretary
of state pursuant to article eighteen of this chapter to obtain  compli-
ance  with its orders; or (4)] refer violations to the appropriate local
government authorities for enforcement pursuant to article  eighteen  of
this chapter.
  c.  The  office  of  fire  prevention  and control [by and through the
secretary of state] is authorized to commence necessary proceedings in a
court of competent jurisdiction seeking enforcement of any of its orders
and payment of assessed penalties.
  3. a. Except as provided herein, any county, city,  town  or  village,
pursuant to resolution of their respective legislative bodies, may apply
to  the  office  of fire prevention and control for delegation of all or
part of the duties, rights and powers conferred upon the office of  fire
prevention and control by this section and section eight hundred seven-b
of the education law. Upon acceptable demonstration of adequate capabil-
ity, resources and commitment on the part of the applicant local govern-
ment,  the  office  of  fire prevention and control may make such deleg-
ation, in which case the local government shall also  have  all  of  the
rights, duties and powers provided to local governments in article eigh-

S. 6606--B                         101                        A. 9706--C

teen  of  this  chapter  and  in any city charter or code. The authority
granted in this section to assess civil penalties[,] AND  order  closure
of  buildings [and take action possessed by the secretary of state under
article  eighteen  of this chapter,] shall not be delegated to the local
government. Such powers shall continue in the office of fire  prevention
and  control  which  may exercise them in the case of violations, on its
own volition or at the request of  the  delegee  local  government.  The
delegation  shall  expire  after  three years, and may be renewed at the
discretion of the office of fire prevention and control. All  inspection
reports conducted pursuant to a delegation of authority shall be prompt-
ly  filed  with  the office of fire prevention and control. In the event
any such report is not filed or reasonable grounds exist to believe that
inspections or enforcement are inadequate or ineffective, the office  of
fire  prevention  and  control  may revoke the delegation or continue it
subject to  terms  and  conditions  specified  by  the  office  of  fire
prevention and control.
  b.  The  authorities  in  a city having a population of one million or
more shall exercise all of the rights, powers and duties  pertaining  to
inspection  of  independent and public college buildings and enforcement
provided in this section and section eight hundred seven-b of the educa-
tion law, without impairing any existing authority of such city. A  copy
of  all  inspection  reports  shall  be  filed  with  the office of fire
prevention and control by the authorities conducting inspections.
  S 41. Subdivision 2 and paragraph (b)  of  subdivision  3  of  section
837-o  of  the  executive  law, as amended by chapter 689 of the laws of
2002, are amended to read as follows:
  2. Within ten business days of receipt from the applicant,  the  chief
of  the  fire  company  shall  send the completed search request form to
either (i) the sheriff's department of the  county  in  which  the  fire
company  is  located,  or (ii) the [department of state,] office of fire
prevention and control, as follows:
  (a) the sheriff's department of the county in which the  fire  company
is  located  shall  be responsible for receiving the search requests and
processing the search requests with the  division  within  ten  business
days  of  receipt  from the chief of the fire company, unless the county
legislative body adopts and files with the [secretary of  state]  OFFICE
OF FIRE PREVENTION AND CONTROL pursuant to the municipal home rule law a
local  law  providing  that the sheriff's department shall not have such
responsibility;
  (b) in all other instances where a county legislative body has adopted
a local law pursuant to paragraph (a) of this subdivision, the  [depart-
ment of state,] office of fire prevention and control shall be responsi-
ble  for receiving search requests and forwarding the search requests to
the division.
The [department of state,] office of  fire  prevention  and  control  is
hereby authorized to establish a communication network with the division
for  the  purpose  of  forwarding  search  requests and receiving search
results pursuant to paragraph (b) of this subdivision.
  (b) The results of the search shall be communicated in writing, within
ten business days of receipt from the division, to the chief of the fire
company from which the search request originated by either the sheriff's
department or the [department of state,] office of fire  prevention  and
control, and shall be kept confidential by the chief, except as provided
in  paragraph  (c)  of this subdivision. The results of the search shall
only state either that: (i) the applicant stands convicted of arson,  or
(ii) the applicant has no record of conviction for arson. The results of

S. 6606--B                         102                        A. 9706--C

the search shall not divulge any other information relating to the crim-
inal history of the applicant.
  S  42.  Subdivisions  1  and  2 of section 225-a of the county law, as
amended by chapter 225 of the laws of  1979,  are  amended  to  read  as
follows:
  1.  In  order to develop and maintain programs for fire training, fire
service-related activities and mutual aid in cases  of  fire  and  other
emergencies  in which the services of firemen would be used and to coop-
erate with the office of fire prevention and control [in the  department
of  state]  in furthering such programs, the board of supervisors of any
county may create a county fire advisory board  and  may  establish  the
office of county fire coordinator.
  2.  A  county  fire advisory board shall consist of not less than five
nor more than twenty-one members, each of whom shall be appointed by the
board of supervisors for a term of not to exceed one year, two years  or
three  years. Such terms of office need not be the same for all members.
It shall be the duty of such board to cooperate with the office of  fire
prevention  and control [in the department of state] in relation to such
programs for fire training, fire service-related activities  and  mutual
aid;  to  act as an advisory body to the board of supervisors and to the
county fire coordinator, if any, in connection with the  county  partic-
ipation  in such programs for fire training, fire service-related activ-
ities and mutual aid and in connection with the county establishment and
maintenance of a county fire training school and mutual aid programs  in
cases  of  fire  and  other emergencies in which the services of firemen
would be used; to perform such other duties as the board of  supervisors
may  prescribe in relation to fire training, fire service-related activ-
ities and mutual aid in cases of fire and other emergencies in which the
services of firemen would be used. The members of such  board  shall  be
county officers, and shall serve without compensation.
  S  43.  Section 399-n of the general business law, as added by chapter
576 of the laws of 1985, is amended to read as follows:
  S 399-n. Approval of electrical devices. Whenever  electrical  devices
or electrical wiring or electrical apparatus are required to be approved
by  underwriters  laboratories for fire safety by any statute, law, rule
or regulation, of the state or any municipality thereof, approval by any
qualified laboratory or testing organization that tests for fire  safety
in  the  state  of  New  York  will be deemed to be satisfaction of such
requirement. For the purposes of this section, a qualified laboratory or
testing organization is one which meets the criteria of (1) the American
Society for Testing Materials test E548-76, or (2) any  rules  or  regu-
lations  relating thereto that may be promulgated by [the office of fire
prevention and control of] the department of state.
  S 44. Section 204-d of the general municipal law, as amended by  chap-
ter 583 of the laws of 2006, is amended to read as follows:
  S  204-d. Duties of the fire chief. The fire chief of any fire depart-
ment or company shall, in addition to any other duties assigned  to  him
by law or contract, to the extent reasonably possible determine or cause
to  be  determined  the  cause  of each fire or explosion which the fire
department or company has been called to suppress. He  shall  file  with
the office of fire prevention and control [of the department of state] a
report  containing  such  determination  and  any additional information
required by such office regarding the  fire  or  explosion.  The  report
shall  be  in  the  form  designated by such office. He shall contact or
cause to be contacted the appropriate investigatory authority if he  has
reason  to  believe the fire or explosion is of incendiary or suspicious

S. 6606--B                         103                        A. 9706--C

origin. For all fires that are suspected to have been ignited by a ciga-
rette, within fourteen days after completing the investigation into such
fire, the fire chief shall forward to the office of fire prevention  and
control  information detailing, to the extent possible: (a) the specific
brand and style of the cigarette suspected of having ignited such  fire;
(b)  whether the cigarette package was marked as required by subdivision
six of section one hundred fifty-six-c of the executive law; and (c) the
location and manner in which such cigarette was purchased.
  S 45. Subdivisions 1 and 2 of section 209-e of the  general  municipal
law,  as amended by chapter 225 of the laws of 1979, are amended to read
as follows:
  1. Plan. The state fire administrator shall prepare a state fire mobi-
lization and mutual aid plan which may provide for the establishment  of
fire  mobilization and mutual aid zones of the state. Upon filing of the
plan in the office [of the department of state] OF FIRE  PREVENTION  AND
CONTROL  such  plan  shall become the state fire mobilization and mutual
aid plan.  Such plan may be amended from time to time in the same manner
as originally adopted.
  2. Regional fire administrators.  The  state  fire  administrator  may
appoint and remove a regional fire administrator for each fire mobiliza-
tion  and mutual aid zone established pursuant to the state fire mobili-
zation and mutual aid plan. Before  he  enters  on  the  duties  of  the
office, each regional fire administrator shall take and subscribe before
an officer authorized by law to administer oaths the constitutional oath
of  office,  which  shall  be  administered and certified by the officer
taking the same without compensation and shall be filed in the office of
[the department of state] FIRE PREVENTION AND CONTROL.
  S 46. Subsection (b) of section 318 of the insurance law is amended to
read as follows:
  (b) The information contained in such  reports  shall,  in  accordance
with  such regulations, be available to law enforcement agencies, to tax
districts which have, pursuant to the provisions of  section  twenty-two
of  the general municipal law, filed with the superintendent a notice of
intention to claim against the proceeds of a policy of  fire  insurance,
to  the  office  of  fire  prevention  and control [of the department of
state,] and  to  appropriate  governmental  agencies  charged  with  the
responsibility for demolition of structures.
  S  47.  Section 54-e of the state finance law, as added by chapter 741
of the laws of 1978, paragraph g of subdivision 1 as amended by  chapter
225 of the laws of 1979, is amended to read as follows:
  S  54-e. State assistance to reimburse municipalities for firefighting
costs. 1. As used in this section, unless otherwise expressly stated:
  a. "Normal operating expenses" shall  mean  those  costs,  losses  and
expenses  which are ordinarily associated with the maintenance, adminis-
tration and day-to-day operations of the fire department  of  a  munici-
pality. Such expenses shall include, but not be limited to, the ordinary
wages of firefighters, administrative and other overhead costs, depreci-
ation,  the  costs  of  litigation and the costs of employee's benefits,
including insurance, disability, death, or health care  whether  or  not
such  costs are incurred as the result of firefighting services rendered
to property under the jurisdiction of the state of New York.
  b. "Firefighting costs" shall mean those  expenses  and  losses  which
would  not  have been incurred had not the fire in question taken place.
Such costs shall include, but not be limited to, salaries for  specially
employed  personnel,  costs  of supplies expended, and the lesser of (1)
the cost of repairing any destroyed or  damaged  equipment  or  (2)  the

S. 6606--B                         104                        A. 9706--C

value  of  such  equipment  immediately preceding the fire. Firefighting
costs shall not include: normal operating expenses  as  defined  herein,
any  firefighting  cost for which the municipality is reimbursed under a
policy  of  insurance or any costs associated with false alarms, regard-
less of cause.
  c. "Claim" shall mean that amount which is equal to those firefighting
costs incurred by a municipality to the extent that  such  costs  exceed
the sum of two hundred fifty dollars.
  d.  "Fire"  shall  mean  any  instance of destructive and uncontrolled
burning on property under the jurisdiction of  the  state  of  New  York
including  scorch  burns  and  explosions of combustible dust or solids,
flammable liquids and gases.
  e. "Municipality" shall mean any county, city, village, town  or  fire
district,  having  a  fire department consisting of personnel, apparatus
and equipment which has as its purpose protecting property and maintain-
ing the safety and welfare of the public from the dangers of  fire,  or,
in  the  case  of  a  fire protection district or that portion of a town
outside a village or fire district, a fire company as defined in section
three of  the  volunteer  [firemen's]  FIREFIGHTERS'  benefit  law.  The
personnel  of  any  such fire department may be paid employees or unpaid
volunteers or any combination thereof.
  f. "Property under the jurisdiction of the state of  New  York"  shall
mean real property and improvements thereon and appurtenances thereto in
which  the  state  of New York holds legal fee simple title and further,
any real property conveyed or made available to the New York state hous-
ing finance agency or the dormitory authority of the state of  New  York
under  agreements  for  the financing and construction of facilities for
the state university of New York; provided however, with  the  exception
of  property occupied by the state university of New York, such property
shall not include leasehold interest; provided  further,  such  property
shall  not  include  any  property for which a municipality receives any
payments-in-lieu of taxes or any other payments, including real property
taxes, that are or may be used for providing  fire  protection  to  such
property.
  [g.  "Secretary"  shall  mean the secretary of state or the state fire
administrator as his designee.]
  2. Any municipality whose fire department has responded to a  fire  on
property under the jurisdiction of the state of New York:
  a.  shall,  within  thirty days after such fire, submit a report, on a
form prescribed by the [secretary of state] OFFICE  OF  FIRE  PREVENTION
AND  CONTROL,  to  the [secretary] OFFICE OF FIRE PREVENTION AND CONTROL
stating the location of such a fire and the firefighting costs  incurred
while fighting such a fire; and
  b.  may,  within  thirty  days after such a fire, submit a claim, on a
form prescribed by the [secretary of state,] OFFICE OF  FIRE  PREVENTION
AND  CONTROL  to  the  [secretary] OFFICE OF FIRE PREVENTION AND CONTROL
pursuant to the provisions of this section.
  3. The [secretary] OFFICE OF FIRE PREVENTION AND CONTROL shall  review
each  claim  to  determine  if  such  claim  shall be approved, reduced,
amended or rejected and shall notify the municipality, within sixty days
of receipt of such claim, as  to  his  determination.  The  municipality
shall  notify  the  [secretary,]  OFFICE  OF FIRE PREVENTION AND CONTROL
within thirty days after receipt of the  [secretary's]  OFFICE  OF  FIRE
PREVENTION AND CONTROL'S notification, as to its acceptance or rejection
of  such  determination.  Failure to so notify the [secretary] OFFICE OF
FIRE PREVENTION AND CONTROL shall constitute an acceptance of the deter-

S. 6606--B                         105                        A. 9706--C

mination. If accepted by the municipality, such acceptance shall consti-
tute the final and conclusive determination for such claim. If  rejected
by  the municipality, such municipality shall resubmit its claim, within
thirty days after receipt of the [secretary's] OFFICE OF FIRE PREVENTION
AND  CONTROL'S notification, together with its reasons for objection and
any additional documentation which may justify its claim.  Upon  receipt
of  a  resubmitted  claim, the [secretary] OFFICE OF FIRE PREVENTION AND
CONTROL shall review such claim and within sixty days of receipt of such
resubmitted claim, make a final determination as to  the  amount  to  be
approved  for  such  claim. If the municipality shall dispute such final
determination it may commence an action, within sixty days of such final
determination, in the court of claims which shall have  jurisdiction  to
adjudicate the claim and enter judgment, which judgment shall be a final
determination  for  purposes  of  this  section  and shall be payable in
accordance with the provisions of subdivisions four  and  five  of  this
section.
  4. The [secretary] OFFICE OF FIRE PREVENTION AND CONTROL shall certify
all  claims  for  which a final determination has been made. The [secre-
tary] OFFICE OF FIRE PREVENTION AND  CONTROL  shall  submit  all  claims
certified during the preceding year to the comptroller of the department
of  audit  and  control on or before April first of each year. Any claim
that has been received prior to April first of such year, but for  which
no  certification  has  been  made,  shall,  for purposes of payment, be
considered as a claim for the year in which such certification is made.
  5. All claims certified by the [secretary] OFFICE OF  FIRE  PREVENTION
AND CONTROL shall be paid annually and shall be paid upon a warrant from
the comptroller from funds appropriated in the local assistance fund. In
the  event  such  appropriation  is insufficient to permit the aggregate
annual payments  authorized  under  this  section,  each  municipality's
payment  for  any  claim  or  claims certified during the preceding year
shall be decreased proportionally until the total payments are equal  to
the amount appropriated.
  6.  The chief fiscal officer of the municipality shall pay the amounts
received under this section into the fund or  funds  from  which  moneys
were   expended  to  provide  the  firefighting  services  for  which  a
reimbursement was made under this section.
  7. This section shall not in any  way  impair,  limit  or  modify  the
rights and obligations of any insurer under any policy of insurance.
  8.  The  [secretary  of  state]  OFFICE OF FIRE PREVENTION AND CONTROL
shall annually prepare a report on the effectiveness of this section and
shall submit such report to the legislature. Such report  shall  include
the  number  and location of any fire on property under the jurisdiction
of the state of New York, the number of claims and the  amount  of  each
such  claim filed pursuant to this section and further, the total amount
of all claims filed and the total amount  of  payments  made  under  the
provisions  of this section. The first such report shall be submitted to
the legislature on or before June first, nineteen hundred seventy-nine.
  S 48. Subdivisions 4 and 5 of section 99-q of the state  finance  law,
as  added  by  chapter  490  of the laws of 2009, are amended to read as
follows:
  4. Monies shall be payable from the fund on the audit and  warrant  of
the  comptroller on vouchers approved and certified by the [secretary of
state upon the recommendation of  the  office  of  fire  prevention  and
control] STATE FIRE ADMINISTRATOR.

S. 6606--B                         106                        A. 9706--C

  5.  To  the  extent  practicable,  the [secretary of state] STATE FIRE
ADMINISTRATOR shall ensure that all monies received during a fiscal year
are expended prior to the end of that fiscal year.
  S  49.  Subdivision 1 of section 115-a of the vehicle and traffic law,
as amended by chapter 225 of the laws of 1979, is  amended  to  read  as
follows:
  1.  a  vehicle  operated by officials of the office of fire prevention
and control [in the department of state],
  S 50. Subdivision 79 of section 2.10 of the criminal procedure law, as
added by chapter 241 of the laws of 2004, is amended to read as follows:
  79. Supervisors and members of the arson investigation bureau and fire
inspection  bureau  of  the  [department  of  state's]  office  of  fire
prevention  and  control when acting pursuant to their special duties in
matters arising under the laws  relating  to  fires,  their  prevention,
extinguishment, investigation thereof, and fire perils; provided, howev-
er,  that  nothing in this subdivision shall be deemed to authorize such
employees to carry, possess, repair, or dispose of a firearm unless  the
appropriate  license therefor has been issued pursuant to section 400.00
of the penal law.
  S 51. Section 380 of the executive law, as added by section 707 of the
laws of 1981, is amended to read as follows:
  S 380. Granting authority. The secretary[, by and through  the  office
of  fire  prevention  and  control,] shall administer a program of local
assistance to aid local governments in the administration  and  enforce-
ment  of  locally  adopted or state promulgated building and fire codes.
Said program of local assistance shall conform to  the  requirements  of
section  fifty-four-g  of  the  state  finance  law. The secretary shall
adopt, amend and rescind such rules, regulations and guidelines  as  may
be  necessary  for  the  performance of his OR HER functions, powers and
duties under this section.
  S 52. Notwithstanding any law  to  the  contrary,  appropriations  and
reappropriations  made in chapter 50 of the laws of 2010 to the Division
of Homeland Security  and  Emergency  Services  for  the  Administration
Program,  Cyber  Security Program, Homeland Security Program, and Design
and Construction  Supervision  Capital  Construction  Program  shall  be
available  to the current Office of Homeland Security for expenditure by
these same programs during the period of April 1, 2010 through  December
31,  2010; appropriations and reappropriations made in chapter 50 of the
laws of 2010 to the Division of Homeland Security and Emergency Services
for the Disaster Assistance Program and the Emergency Management Program
shall be available to the Division of Military  and  Naval  Affairs  for
expenditure  by  these  same programs during the period of April 1, 2010
through December 31, 2010; appropriations and reappropriations  made  in
chapter  50 of the laws of 2010 to the Division of Homeland Security and
Emergency Services for the Fire Prevention and Control Program shall  be
available  to  the  Department of State for expenditure by the Office of
Fire Prevention and Control during the period of April 1,  2010  through
December  31, 2010; and appropriations made in chapter 50 of the laws of
2010 to the Division of Homeland Security and Emergency Services for the
Interoperable Communications Program shall be available  to  the  Office
for  Technology for expenditure by State Interoperability Program Office
during the period of April 1, 2010 through December 31, 2010.
  S 53. Annual report on merger. The commissioner  of  the  division  of
homeland  security  and  emergency  services shall, on or before January
first, two thousand eleven and two thousand twelve, submit to the gover-
nor, the temporary president of the  senate,  and  the  speaker  of  the

S. 6606--B                         107                        A. 9706--C

assembly,  a  report concerning the progress of the merger of the former
office of homeland security, state emergency  management  office,  state
911  board, office of cyber security and critical infrastructure coordi-
nation,  and  office  of  fire prevention and control. Such report shall
include a current  and  projected  organizational  chart,  identify  and
account  for cost savings achieved or costs incurred as a result of such
merger, evaluate progress made  toward  (a)  improved  cooperation  with
local  and  federal partners, (b) improved flow of information among the
merged entities, (c) development of regional interoperable communication
networks, (d) restructuring of the 911 board, (e) creation of  a  state-
of-the-art training facility for first responders, (f) greater efficien-
cy  of  public  safety functions at the local level, (g) standardization
and streamlining of grant operations, (h) efficiencies and  savings  due
to  combined  administrative  functions  and shared service centers, and
provide other information which, in the opinion of the commissioner,  is
pertinent  to an assessment of the performance and cost-effectiveness of
the merger in the previous year.
  S 54. This act shall take effect July 1, 2010; provided  however  that
sections  thirty-six  and  thirty-seven of this act shall take effect on
July 1, 2010 so long as nothing in this act  may  adversely  affect  any
state  agency  from  distributing funds to political subdivisions of the
state in a like manner as the year prior;  provided,  however,  that  if
anything  in this act adversely affects any state agency from distribut-
ing funds to political subdivisions of this state in a  like  manner  as
the  year  prior  then  sections thirty-six and thirty-seven of this act
shall take effect upon the cessation of such adverse  effects,  provided
that  the director of the division of the budget shall notify the legis-
lative bill drafting commission  upon  the  cessation  of  such  adverse
effects  provided  for  in this section in order that the commission may
maintain an accurate and timely effective data base of the official text
of the laws of the state of New York in furtherance of effectuating  the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law; and  provided  further  that  agencies  are  hereby
authorized  to  promulgate  and establish any rules and regulations that
are necessary for the implementation of this act on its effective date.

                                 PART C

  Intentionally omitted.

                                 PART D

  Section 1. Intentionally omitted.
  S 2. Intentionally omitted.
  S 3. The opening paragraph of subdivision 6 of section 390.50  of  the
criminal  procedure law, as added by chapter 866 of the laws of 1980, is
amended to read as follows:
  Professional licensing agencies. Probation departments shall provide a
copy of presentence reports prepared in the case of individuals who  are
known to be licensed pursuant to title eight of the education law to the
state  department  of  health if the licensee is a physician, a special-
ist's assistant or a physician's assistant, and to the  state  education
department  with respect to all other such licensees. Such reports shall
be accumulated and forwarded every three months, shall  be  in  writing,
MAY BE SUBMITTED IN A HARD COPY OR ELECTRONICALLY, and shall contain the
following information:

S. 6606--B                         108                        A. 9706--C

  S 4. Intentionally omitted.
  S 5. Intentionally omitted.
  S 6. Intentionally omitted.
  S  7. Section 60.27 of the penal law is amended by adding a new subdi-
vision 14 to read as follows:
  14.  WHERE A TRANSFER OF PROBATION HAS OCCURRED  PURSUANT  TO  SECTION
410.80 OF THE CRIMINAL PROCEDURE LAW AND THE PROBATIONER IS SUBJECT TO A
RESTITUTION  CONDITION,  THE  DEPARTMENT  OF  PROBATION IN THE COUNTY IN
WHICH THE ORDER OF RESTITUTION WAS IMPOSED SHALL NOTIFY THE  APPROPRIATE
DISTRICT  ATTORNEY.  UPON  NOTIFICATION  BY THE DEPARTMENT OF PROBATION,
SUCH DISTRICT ATTORNEY SHALL FILE A CERTIFIED COPY OF THE JUDGMENT  WITH
THE  CLERK  OF  THE COUNTY IN THE RECEIVING JURISDICTION FOR PURPOSES OF
ESTABLISHING A FIRST LIEN AND TO PERMIT INSTITUTION OF CIVIL PROCEEDINGS
PURSUANT TO THE PROVISIONS OF SUBDIVISION SIX OF SECTION 420.10  OF  THE
CRIMINAL PROCEDURE LAW.
  S  8. Paragraph (b) of subdivision 3 of section 65.10 of the penal law
is amended to read as follows:
  (b) Remain within the jurisdiction of the court unless granted permis-
sion to leave by the court or the  probation  officer[;  and].  WHERE  A
DEFENDANT  IS GRANTED PERMISSION TO MOVE OR TRAVEL OUTSIDE THE JURISDIC-
TION OF THE COURT, THE DEFENDANT SHALL SIGN A WRITTEN WAIVER OF EXTRADI-
TION AGREEING TO WAIVE EXTRADITION PROCEEDINGS  WHERE  SUCH  PROCEEDINGS
ARE  THE  RESULT  OF  THE ISSUANCE OF A WARRANT BY THE COURT PURSUANT TO
SUBDIVISION TWO OF SECTION 410.40 OF THE CRIMINAL PROCEDURE LAW BASED ON
AN ALLEGED VIOLATION OF PROBATION.  WHERE ANY COUNTY OR THE CITY OF  NEW
YORK INCURS COSTS ASSOCIATED WITH THE RETURN OF ANY PROBATIONER BASED ON
THE  ISSUANCE  OF  A WARRANT BY THE COURT PURSUANT TO SUBDIVISION TWO OF
SECTION 410.40 OF THE  CRIMINAL  PROCEDURE  LAW,  THE  JURISDICTION  MAY
COLLECT  THE  REASONABLE  AND  NECESSARY EXPENSES INVOLVED IN CONNECTION
WITH HIS OR HER TRANSPORT, FROM THE PROBATIONER; PROVIDED THAT WHERE THE
SENTENCE OF PROBATION IS NOT REVOKED PURSUANT TO SECTION 410.70  OF  THE
CRIMINAL PROCEDURE LAW NO SUCH EXPENSES MAY BE COLLECTED.
  S 9. Intentionally omitted.
  S  10.  The  section heading and subdivisions 1, 2, 3 and 4 of section
246 of the executive law, the section heading and subdivisions 2  and  4
as  added  by  chapter  479 of the laws of 1970, subdivisions 1 and 3 as
amended by chapter 134 of the laws of 1985, and the second  undesignated
paragraph of subdivision 4 as amended by chapter 55 of the laws of 1992,
are amended to read as follows:
  State  [reimbursement]  AID  for probation services. 1. The program of
state aid to county probation services shall be [continued. It shall be]
administered by the division of  [probation  and  correctional  alterna-
tives]  CRIMINAL JUSTICE SERVICES with the advice of the state probation
commission AND THE DIRECTOR OF THE OFFICE OF PROBATION AND  CORRECTIONAL
ALTERNATIVES.    Funds  appropriated to the division for distribution as
state aid to county probation services and to the probation services  of
New  York  city  shall be distributed by the division in accordance with
[the provisions of this section, and] rules AND REGULATIONS  adopted  by
the [director] COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
after  consultation with the state probation commission AND THE DIRECTOR
OF THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES.
  2. State aid shall be granted to the city of New York and the  respec-
tive  counties outside the city of New York [only to the extent of reim-
bursing fifty per  centum  of  the  approved]  FOR  expenditures  TO  BE
incurred  by  the  county  or  city  in  maintaining and improving local
probation services SUBJECT TO AMOUNTS  APPROPRIATED  FOR  THIS  PURPOSE.

S. 6606--B                         109                        A. 9706--C

[It]  STATE  AID GRANTS shall not [include] BE USED FOR expenditures for
capital additions or improvements, or for debt service costs for capital
improvements.
  State aid shall be granted by the [director] COMMISSIONER OF THE DIVI-
SION  OF  CRIMINAL  JUSTICE  SERVICES  after consultation with the state
probation commission AND THE DIRECTOR OF THE  OFFICE  OF  PROBATION  AND
CORRECTIONAL  ALTERNATIVES, provided the respective counties or the city
of New York conform to  standards  relating  to  the  administration  of
probation  services  as  adopted  by  the [director] COMMISSIONER OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES after consultation with the  state
probation  commission  AND  THE  DIRECTOR OF THE OFFICE OF PROBATION AND
CORRECTIONAL ALTERNATIVES.
  3. Applications from counties or the city of New York  for  state  aid
under  this  section  shall  be  made  by  filing  with  the division of
[probation and correctional alternatives] CRIMINAL JUSTICE  SERVICES,  a
detailed  plan, including cost estimates covering probation services for
the fiscal year or portion thereof for which aid is requested.  Included
in  such estimates shall be clerical costs and maintenance and operation
costs as well as salaries of probation personnel and such  other  perti-
nent information as the [director] COMMISSIONER OF THE DIVISION OF CRIM-
INAL JUSTICE SERVICES may require. Items for which [reimbursement] STATE
AID  is  requested  under  this  section shall be duly designated in the
estimates submitted. The [director]  COMMISSIONER  OF  THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES, after consultation with the state probation
commission AND THE DIRECTOR OF THE OFFICE OF PROBATION AND  CORRECTIONAL
ALTERNATIVES, shall approve such plan if it conforms to standards relat-
ing  to  the  administration  of  probation services as specified in the
rules adopted by him OR HER.
  4. An approved plan and compliance  with  standards  relating  to  the
administration  of  probation  services  promulgated  by  the [director]
COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE  SERVICES  shall  be  a
prerequisite  to eligibility for [reimbursement] STATE AID.  [At the end
of each quarter, each county outside the city of New  York  approved  as
eligible  for reimbursement under this section, and the city of New York
if approved as eligible for  reimbursement  under  this  section,  shall
submit  to  the division, in such form as the director requires, a veri-
fied accounting of all expenditures made by the county, or the  city  of
New  York, in providing probation services. Such accounting shall desig-
nate those items for  which  reimbursement  is  claimed,  and  shall  be
presented together with a claim for reimbursement.
  In  submitting a claim for reimbursement each] THE COMMISSIONER OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES MAY TAKE INTO CONSIDERATION GRANT-
ING ADDITIONAL STATE AID FROM AN APPROPRIATION MADE FOR  STATE  AID  FOR
COUNTY  PROBATION  SERVICES  FOR COUNTIES OR THE CITY OF NEW YORK WHEN A
COUNTY OR THE CITY OF NEW YORK DEMONSTRATES  THAT  ADDITIONAL  PROBATION
SERVICES  WERE  DEDICATED  TO  INTENSIVE SUPERVISION PROGRAMS, INTENSIVE
PROGRAMS FOR SEX OFFENDERS OR PROGRAMS DEFINED AS JUVENILE  RISK  INTER-
VENTION  SERVICES. THE ADMINISTRATION OF SUCH ADDITIONAL GRANTS SHALL BE
MADE ACCORDING TO RULES AND REGULATIONS PROMULGATED BY THE  COMMISSIONER
OF  THE  DIVISION OF CRIMINAL JUSTICE SERVICES. EACH county and the city
of New York shall certify the total amount collected pursuant to section
two hundred fifty-seven-c of this chapter [during the period  for  which
such reimbursement is claimed]. The [director] COMMISSIONER OF THE DIVI-
SION  OF  CRIMINAL JUSTICE SERVICES shall thereupon certify to the comp-
troller for payment by the state out  of  funds  appropriated  for  that

S. 6606--B                         110                        A. 9706--C

purpose, the amount to which the county or the city of New York shall be
entitled under this section.
  S 11.  Intentionally omitted.
  S 12. This act shall take effect immediately; provided, however, that:
  (a)  sections  three, seven and eight of this act shall take effect on
the ninetieth day after it shall have become a law; and
  (b) the amendments to the second undesignated paragraph of subdivision
4 of section 246 of the executive law made by section ten  of  this  act
shall not affect the expiration and reversion of such undesignated para-
graph and shall expire therewith.

                                 PART E

  Section  1. The executive law is amended by adding a new article 30 to
read as follows:

                               ARTICLE 30
                         INDIGENT LEGAL SERVICES

SECTION 832. OFFICE OF INDIGENT LEGAL SERVICES.
        833. INDIGENT LEGAL SERVICES BOARD.
  S 832. OFFICE OF INDIGENT LEGAL SERVICES. 1. THERE IS  HEREBY  CREATED
WITHIN  THE  EXECUTIVE DEPARTMENT THE OFFICE OF INDIGENT LEGAL SERVICES,
HEREINAFTER REFERRED TO IN THIS SECTION AS THE "OFFICE".  THE PURPOSE OF
SUCH OFFICE IS TO MONITOR, STUDY AND MAKE EFFORTS TO IMPROVE THE QUALITY
OF SERVICES PROVIDED PURSUANT TO ARTICLE EIGHTEEN-B OF THE  COUNTY  LAW.
THE OFFICE SHALL REPORT TO THE INDIGENT LEGAL SERVICES BOARD ESTABLISHED
PURSUANT   TO  SECTION  EIGHT  HUNDRED  THIRTY-THREE  OF  THIS  ARTICLE,
PROVIDED, HOWEVER, THAT ADMINISTRATIVE MATTERS  OF  GENERAL  APPLICATION
WITHIN THE EXECUTIVE DEPARTMENT SHALL ALSO BE APPLICABLE TO SUCH OFFICE.
  2.  (A)  FOLLOWING THE INITIAL APPOINTMENT OF THE MEMBERS OF THE INDI-
GENT LEGAL SERVICES BOARD ESTABLISHED PURSUANT TO SECTION EIGHT  HUNDRED
THIRTY-THREE  OF  THIS  ARTICLE,  SUCH  BOARD  SHALL PROMPTLY NOMINATE A
FULL-TIME DIRECTOR OF THE OFFICE AND NOTIFY THE GOVERNOR OF  SUCH  NOMI-
NATION.  AFTER  APPROVAL OR DISAPPROVAL OF THE FIRST NOMINEE AS DIRECTOR
OF THE OFFICE, OR AT ANY TIME THEREAFTER WHEN A VACANCY SHALL  EXIST  OR
IS  ANTICIPATED  IN THE POSITION OF DIRECTOR OF THE OFFICE, THE INDIGENT
LEGAL SERVICES BOARD SHALL PROMPTLY NOMINATE A FULL-TIME DIRECTOR OF THE
OFFICE, AND NOTIFY THE GOVERNOR OF SUCH NOMINATION.    NOTHING  IN  THIS
PARAGRAPH  SHALL  PROHIBIT THE BOARD FROM APPOINTING AN INTERIM DIRECTOR
IF THERE IS A VACANCY.
  (B) THE GOVERNOR, WITHIN THIRTY DAYS AFTER RECEIVING WRITTEN NOTICE OF
ANY NOMINATION OF A DIRECTOR MADE PURSUANT  TO  PARAGRAPH  (A)  OF  THIS
SUBDIVISION,  MAY  APPROVE OR DISAPPROVE THE NOMINATION. IF THE GOVERNOR
APPROVES SUCH NOMINATION, OR FAILS TO ACT ON SUCH NOMINATION WITHIN SUCH
THIRTY DAY PERIOD, THE NOMINEE SHALL THEREUPON COMMENCE HIS OR HER  TERM
AS DIRECTOR OF THE OFFICE. IF, WITHIN SUCH THIRTY DAY PERIOD, THE GOVER-
NOR  SERVES  UPON  THE CHAIR OF SUCH BOARD A WRITTEN NOTICE DISAPPROVING
SUCH NOMINATION, THE NOMINEE SHALL NOT BE AUTHORIZED TO SERVE AS  DIREC-
TOR  OF  THE  OFFICE PROVIDED, HOWEVER, THAT SUCH BOARD MAY AUTHORIZE AN
INTERIM DIRECTOR APPOINTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
TO SERVE OR CONTINUE TO SERVE AS INTERIM DIRECTOR UNTIL SUCH TIME  AS  A
DIRECTOR  OF  THE  OFFICE IS APPROVED, OR NOT TIMELY DISAPPROVED, BY THE
GOVERNOR. FOLLOWING ANY DISAPPROVAL, THE BOARD SHALL HAVE SIXTY DAYS  TO
SUBMIT  ANOTHER  NOMINEE,  ALTHOUGH  SUCH  PERIOD  MAY BE EXTENDED, UPON
REQUEST OF THE BOARD, BY THE GOVERNOR. A  PERSON  APPOINTED  AS  INTERIM

S. 6606--B                         111                        A. 9706--C

DIRECTOR  MAY  EXERCISE  ALL  OF THE POWERS AVAILABLE TO THE DIRECTOR OF
SUCH OFFICE.
  (C) THE DIRECTOR OF THE OFFICE SHALL SERVE FULL-TIME AND FOR A TERM OF
FIVE  YEARS. THE DIRECTOR MAY BE REMOVED DURING THIS TERM FOR GOOD CAUSE
SHOWN, AFTER NOTICE AND AN  OPPORTUNITY  TO  BE  HEARD,  BY  A  VOTE  OF
TWO-THIRDS OR MORE OF THE NINE MEMBERS OF SUCH BOARD. THE PERSON SERVING
AS  DIRECTOR SHALL, UPON ASSUMING SUCH POSITION, BE ADMITTED TO PRACTICE
LAW AND SHALL HAVE NOT LESS THAN FIVE YEARS PROFESSIONAL  EXPERIENCE  IN
THE  AREA OF PUBLIC DEFENSE SERVICES, AND HAVE A DEMONSTRATED COMMITMENT
TO THE PROVISION OF QUALITY PUBLIC DEFENSE  REPRESENTATION  AND  TO  THE
COMMUNITIES SERVED BY PUBLIC DEFENSE PROVIDERS.
  (D)  THE DIRECTOR SHALL APPOINT EMPLOYEES AND PERFORM SUCH OTHER FUNC-
TIONS AS ARE APPROPRIATE TO ENSURE THE EFFICIENT OPERATION OF THE OFFICE
WITHIN THE AMOUNTS AVAILABLE THEREFOR BY APPROPRIATION.
  3. DUTIES AND RESPONSIBILITIES. THE OFFICE SHALL, IN CONSULTATION WITH
THE INDIGENT LEGAL SERVICES BOARD ESTABLISHED PURSUANT TO SECTION  EIGHT
HUNDRED  THIRTY-THREE  OF  THIS  ARTICLE,  HAVE THE FOLLOWING DUTIES AND
RESPONSIBILITIES:
  (A) TO EXAMINE, EVALUATE AND MONITOR SERVICES PROVIDED IN EACH  COUNTY
PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW;
  (B)  TO  COLLECT  AND  RECEIVE  INFORMATION  AND  DATA  REGARDING  THE
PROVISION OF SERVICES PURSUANT TO ARTICLE EIGHTEEN-B OF THE  COUNTY  LAW
INCLUDING, BUT NOT LIMITED TO:
  (I) THE TYPES AND COMBINATIONS OF SUCH SERVICES BEING UTILIZED IN EACH
COUNTY;
  (II)  THE  SALARIES AND OTHER COMPENSATION PAID TO INDIVIDUAL ADMINIS-
TRATORS, ATTORNEYS AND STAFF PROVIDING SUCH SERVICES;
  (III) THE ACTUAL CASELOADS OF ATTORNEYS PROVIDING SUCH SERVICES PURSU-
ANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW;
  (IV) HOW THE CASELOADS OF ATTORNEYS PROVIDING  SUCH  SERVICES  COMPARE
WITH  THE  CASELOADS OF ATTORNEYS PROVIDING PROSECUTION-RELATED SERVICES
IN EACH COUNTY;
  (V) THE TYPES, NATURE AND TIMING OF DISPOSITIONS OF CASES  HANDLED  BY
ATTORNEYS    PROVIDING    SUCH    SERVICES   AND   ATTORNEYS   PROVIDING
PROSECUTION-RELATED SERVICES;
  (VI) THE ACTUAL EXPENDITURES CURRENTLY BEING MADE IN  EACH  COUNTY  ON
SUCH SERVICES AND PROSECUTION-RELATED SERVICES;
  (VII)  THE  TIME, FUNDS AND IN-KIND RESOURCES CURRENTLY BEING SPENT ON
SUCH SERVICES AND PROSECUTION-RELATED  SERVICES  AND  THE  AMOUNT  BEING
SPENT ON ANCILLARY SERVICES SUCH AS INVESTIGATORS, SUPPORT STAFF, SOCIAL
WORKERS  AND  EXPERT  WITNESSES,  INCLUDING  CONSIDERATION  OF ALL FUNDS
RECEIVED FOR SUCH SERVICES FROM ALL SOURCES;
  (VIII) THE CRITERIA AND PROCEDURES USED TO DETERMINE WHETHER A  PERSON
IS  ELIGIBLE  TO RECEIVE SUCH SERVICES, THE NUMBER OF PERSONS CONSIDERED
FOR AND APPLICANTS DENIED SUCH SERVICES, THE REASONS  FOR  THE  DENIALS,
AND  THE  RESULTS OF ANY REVIEW OF SUCH DENIALS, INCLUDING THE NUMBER OF
ORDERS ISSUED PURSUANT TO SECTION  SEVEN  HUNDRED  TWENTY-TWO-D  OF  THE
COUNTY LAW; AND
  (IX) THE STANDARDS AND CRITERIA USED IN PROGRAMS AND BY EACH COUNTY TO
DETERMINE WHETHER INDIVIDUAL ATTORNEYS ARE QUALIFIED TO PROVIDE INDIGENT
LEGAL SERVICES, ON A CASE BY CASE BASIS;
  (C)  TO  ANALYZE  AND  EVALUATE  THE COLLECTED DATA, AND UNDERTAKE ANY
NECESSARY RESEARCH AND STUDIES, IN ORDER TO CONSIDER AND RECOMMEND MEAS-
URES TO ENHANCE THE PROVISION OF INDIGENT LEGAL SERVICES AND  TO  ENSURE
THAT  RECIPIENTS  OF SERVICES PROVIDED PURSUANT TO ARTICLE EIGHTEEN-B OF
THE COUNTY LAW ARE PROVIDED WITH QUALITY  REPRESENTATION  FROM  FISCALLY

S. 6606--B                         112                        A. 9706--C

RESPONSIBLE PROVIDERS, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO: ESTAB-
LISHING CRITERIA AND PROCEDURES TO GUIDE COURTS IN DETERMINING WHETHER A
PERSON  IS  ELIGIBLE  FOR  SUCH  REPRESENTATION; ESTABLISHING STANDARDS,
CRITERIA  AND  A  PROCESS  FOR QUALIFYING AND RE-QUALIFYING ATTORNEYS TO
PROVIDE SUCH SERVICES PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW;
  (D) TO ESTABLISH STANDARDS AND CRITERIA  FOR  THE  PROVISION  OF  SUCH
SERVICES  IN  CASES INVOLVING A CONFLICT OF INTEREST AND TO ASSIST COUN-
TIES TO DEVELOP PLANS CONSISTENT WITH SUCH STANDARDS AND CRITERIA;
  (E) TO  DEVELOP  RECOMMENDATIONS  TO  IMPROVE  THE  DELIVERY  OF  SUCH
SERVICES  IN A MANNER THAT IS CONSISTENT WITH THE NEEDS OF THE COUNTIES,
THE EFFICIENCY AND ADEQUACY OF THE PUBLIC DEFENSE PLAN OPERATED  IN  THE
COUNTIES  AND  THE  QUALITY OF REPRESENTATION OFFERED, WHICH MAY INCLUDE
RECEIVING APPLICATIONS FOR AND DISTRIBUTING GRANTS PURSUANT TO SPECIFIED
CRITERIA;
  (F) TO DEVELOP RECOMMENDATIONS REGARDING THE DISTRIBUTION AND EXPENDI-
TURE OF ANY MONIES APPROPRIATED FOR INDIGENT LEGAL  SERVICES,  INCLUDING
BUT  NOT LIMITED TO MONIES FROM THE INDIGENT LEGAL SERVICES FUND CREATED
PURSUANT TO SECTION NINETY-EIGHT-B OF THE STATE FINANCE LAW, FOR CONSID-
ERATION BY THE INDIGENT LEGAL SERVICES  BOARD  ESTABLISHED  PURSUANT  TO
SECTION  EIGHT HUNDRED THIRTY-THREE OF THIS ARTICLE; AND, IN MAKING SUCH
RECOMMENDATIONS, MAY CONSIDER, IN ADDITION TO MEASURES  OF  PERFORMANCE,
THE COMMITMENT OF LOCAL RESOURCES TO SUCH SERVICES AND THE CHANGES THER-
ETO;  THE  GEOGRAPHIC BALANCE OF FUNDING AMONG THE REGIONS OF THE STATE,
POPULATION, CRIME RATES, POVERTY RATES AND INDIVIDUAL COMMUNITY NEEDS;
  (G) TO TARGET GRANTS IN  SUPPORT  OF  INNOVATIVE  AND  COST  EFFECTIVE
SOLUTIONS THAT ENHANCE THE PROVISION OF QUALITY INDIGENT LEGAL SERVICES,
INCLUDING COLLABORATIVE EFFORTS SERVING MULTIPLE COUNTIES;
  (H)  TO  INVESTIGATE  AND MONITOR ANY OTHER MATTER RELATED TO INDIGENT
LEGAL SERVICES THAT THE DIRECTOR DEEMS IMPORTANT;
  (I) TO REQUEST AND  RECEIVE  FROM  ANY  DEPARTMENT,  DIVISION,  BOARD,
BUREAU,  COMMISSION OR OTHER AGENCY OF THE STATE OR ANY POLITICAL SUBDI-
VISION OF THE STATE OR ANY PUBLIC AUTHORITY SUCH ASSISTANCE, INFORMATION
AND DATA, SUBJECT  TO  LIMITATIONS  ON  THE  DISCLOSURE  OF  INFORMATION
PROVIDED  CONFIDENTIALLY  TO  INDIGENT  LEGAL SERVICE PROVIDERS, AS WILL
ENABLE THE OFFICE TO  PROPERLY  CARRY  OUT  ITS  FUNCTIONS,  POWERS  AND
DUTIES;
  (J)  TO  ESTABLISH MEASURES OF PERFORMANCE WHICH PROGRAMS AND COUNTIES
SHALL REGULARLY REPORT TO THE OFFICE, TO ASSIST THE OFFICE IN MONITORING
THE QUALITY OF INDIGENT LEGAL SERVICES;
  (K) TO APPLY FOR AND ACCEPT ANY GRANT OR GIFT FOR ANY OF THE  PURPOSES
OF  THE  OFFICE  OR  THE  INDIGENT LEGAL SERVICES BOARD.   ANY MONIES SO
RECEIVED MAY BE EXPENDED BY THE OFFICE TO EFFECTUATE ANY  SUCH  PURPOSE,
SUBJECT TO THE SAME LIMITATIONS AS TO APPROVAL OF EXPENDITURES AND AUDIT
AS ARE PRESCRIBED FOR STATE MONIES APPROPRIATED FOR SUCH PURPOSES;
  (L)  TO PRESENT FINDINGS AND MAKE RECOMMENDATIONS FOR CONSIDERATION BY
THE INDIGENT LEGAL SERVICES BOARD ESTABLISHED PURSUANT TO SECTION  EIGHT
HUNDRED THIRTY-THREE OF THIS ARTICLE; AND
  (M)  TO  EXECUTE DECISIONS OF THE INDIGENT LEGAL SERVICES BOARD ESTAB-
LISHED PURSUANT TO SECTION EIGHT HUNDRED THIRTY-THREE OF  THIS  ARTICLE,
INCLUDING THE DISTRIBUTION OF FUNDS.
  S  833.  INDIGENT LEGAL SERVICES BOARD. 1. THERE IS HEREBY CREATED THE
INDIGENT LEGAL SERVICES BOARD HEREINAFTER REFERRED TO IN THIS SECTION AS
THE "BOARD". THE PURPOSE OF SUCH BOARD SHALL BE TO  MONITOR,  STUDY  AND
MAKE  EFFORTS  TO  IMPROVE  THE QUALITY OF SERVICES PROVIDED PURSUANT TO
ARTICLE EIGHTEEN-B OF THE COUNTY LAW. NO ACTIVE PROSECUTOR, LAW ENFORCE-
MENT OFFICIAL  OR  PERSON  PROVIDING  PROSECUTION-RELATED  SERVICES,  OR

S. 6606--B                         113                        A. 9706--C

EMPLOYEE OF SUCH A PROSECUTOR, OFFICIAL OR PERSON, SHALL BE APPOINTED TO
OR  SERVE  ON  SUCH  BOARD.  THE BOARD SHALL CONSIST OF NINE MEMBERS WHO
SHALL BE APPOINTED AS FOLLOWS:
  (A) ONE SHALL BE THE CHIEF JUDGE OF THE COURT OF APPEALS, WHO SHALL BE
THE CHAIR OF THE BOARD;
  (B)  ONE  SHALL  BE APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF
THE TEMPORARY PRESIDENT OF THE SENATE;
  (C) ONE SHALL BE APPOINTED BY THE GOVERNOR ON  THE  RECOMMENDATION  OF
THE SPEAKER OF THE ASSEMBLY;
  (D)  ONE  SHALL  BE  APPOINTED BY THE GOVERNOR FROM A LIST OF AT LEAST
THREE ATTORNEY NOMINEES SUBMITTED BY THE NEW YORK STATE BAR ASSOCIATION;
  (E) TWO SHALL BE APPOINTED BY THE GOVERNOR FROM A  LIST  OF  AT  LEAST
FOUR NOMINEES SUBMITTED BY THE NEW YORK STATE ASSOCIATION OF COUNTIES;
  (F)  ONE  SHALL  BE APPOINTED BY THE GOVERNOR AND SHALL BE AN ATTORNEY
WHO HAS PROVIDED PUBLIC DEFENSE SERVICES FOR AT LEAST FIVE YEARS;
  (G) ONE ATTORNEY WHO SHALL BE APPOINTED BY THE GOVERNOR; AND
  (H) ONE SHALL BE APPOINTED BY THE GOVERNOR, FROM A  LIST  OF  NO  MORE
THAN  TWO  NOMINEES  SUBMITTED BY THE CHIEF ADMINISTRATOR OF THE COURTS,
EACH OF WHOM SHALL BE A JUDGE OR JUSTICE, OR RETIRED JUDGE  OR  JUSTICE,
WHO  WAS ELECTED TO THE SUPREME, COUNTY OR FAMILY COURT, OR APPOINTED TO
THE CRIMINAL COURT OR FAMILY COURT IN THE CITY  OF  NEW  YORK,  AND  HAS
SUBSTANTIAL  EXPERIENCE  PRESIDING  AS  SUCH A JUDGE OR JUSTICE IN TRIAL
MATTERS BEFORE SUCH COURT.
  2. ALL MEMBERS OF THE BOARD SHALL BE  APPOINTED  FOR  TERMS  OF  THREE
YEARS   SUCH  TERMS  TO  COMMENCE  ON  AUGUST  FIRST,  AND  EXPIRE  JULY
THIRTY-FIRST, PROVIDED, HOWEVER, THAT THE CHIEF JUDGE OF  THE  COURT  OF
APPEALS  SHALL  SERVE EX OFFICIO; AND PROVIDED FURTHER, THAT THE INITIAL
TERM OF THE MEMBER APPOINTED PURSUANT TO PARAGRAPH (D), THE FIRST OF THE
TWO MEMBERS APPOINTED PURSUANT TO PARAGRAPH (E) AND THE MEMBER APPOINTED
UNDER PARAGRAPH (G) OF SUBDIVISION ONE OF THIS SECTION SHALL BE FOR  TWO
YEARS. INITIAL APPOINTMENTS MUST BE MADE WITHIN SIXTY DAYS OF THE EFFEC-
TIVE  DATE  OF  THIS  SUBDIVISION.   ANY MEMBER CHOSEN TO FILL A VACANCY
CREATED OTHERWISE THAN BY EXPIRATION OF TERM SHALL BE APPOINTED FOR  THE
UNEXPIRED  TERM  OF  THE  MEMBER WHOM HE OR SHE IS TO SUCCEED. VACANCIES
CAUSED BY EXPIRATION OF A TERM OR OTHERWISE SHALL BE FILLED PROMPTLY AND
IN THE SAME MANNER AS ORIGINAL APPOINTMENTS. ANY  MEMBER  MAY  BE  REAP-
POINTED FOR ADDITIONAL TERMS.
  A MEMBER OF THE BOARD SHALL CONTINUE IN SUCH POSITION UPON THE EXPIRA-
TION  OF  HIS OR HER TERM UNTIL SUCH TIME AS HE OR SHE IS REAPPOINTED OR
HIS OR HER SUCCESSOR IS APPOINTED, AS THE CASE MAY BE.
  3. MEMBERSHIP ON THE BOARD SHALL NOT  CONSTITUTE  THE  HOLDING  OF  AN
OFFICE,  AND MEMBERS OF THE BOARD SHALL NOT BE REQUIRED TO TAKE AND FILE
OATHS OF OFFICE BEFORE SERVING ON THE BOARD. THE BOARD  SHALL  NOT  HAVE
THE RIGHT TO EXERCISE ANY PORTION OF THE SOVEREIGN POWER OF THE STATE.
  4.  THE  BOARD  SHALL MEET AT LEAST FOUR TIMES IN EACH YEAR. THE FIRST
MEETING OF THE BOARD SHALL BE HELD WITHIN THIRTY DAYS OF THE APPOINTMENT
OF THE FULL BOARD OR WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF  THIS
SUBDIVISION, WHICHEVER OCCURS EARLIER. SPECIAL MEETINGS MAY BE CALLED BY
THE  CHAIR  AND  SHALL  BE  CALLED BY THE CHAIR UPON THE REQUEST OF FIVE
MEMBERS OF THE BOARD. THE BOARD MAY ESTABLISH ITS  OWN  PROCEDURES  WITH
RESPECT  TO  THE  CONDUCT  OF  ITS MEETINGS AND OTHER AFFAIRS; PROVIDED,
HOWEVER, THAT THE QUORUM AND MAJORITY PROVISIONS OF SECTION FORTY-ONE OF
THE GENERAL CONSTRUCTION LAW SHALL  GOVERN  ALL  ACTIONS  TAKEN  BY  THE
BOARD.

S. 6606--B                         114                        A. 9706--C

  5.  THE  MEMBERS  OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT SHALL  BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR FUNCTIONS HEREUNDER.
  6.  NO  MEMBER  OF  THE  BOARD  SHALL BE DISQUALIFIED FROM HOLDING ANY
PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
OR EMPLOYMENT, BY REASON OF HIS OR  HER  APPOINTMENT  PURSUANT  TO  THIS
SECTION, NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR
LOCAL LAW, ORDINANCE OR CITY CHARTER.
  7. THE BOARD SHALL HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:
  (A)  TO  EVALUATE EXISTING INDIGENT LEGAL SERVICES PROGRAMS AND DETER-
MINE THE TYPE OF INDIGENT LEGAL SERVICES THAT SHOULD BE PROVIDED IN  NEW
YORK  STATE  TO  BEST  SERVE  THE  INTERESTS  OF  PERSONS RECEIVING SUCH
SERVICES;
  (B) TO CONSULT WITH AND ADVISE THE OFFICE OF INDIGENT  LEGAL  SERVICES
IN CARRYING OUT THE DUTIES AND RESPONSIBILITIES OF SUCH OFFICE;
  (C)  TO ACCEPT, REJECT OR MODIFY RECOMMENDATIONS MADE BY THE OFFICE OF
INDIGENT LEGAL SERVICES REGARDING THE ALLOCATION OF FUNDS AND THE AWARD-
ING OF GRANTS, INCLUDING  INCENTIVE  GRANTS,  FROM  THE  INDIGENT  LEGAL
SERVICES  FUND  CREATED  PURSUANT TO SECTION NINETY-EIGHT-B OF THE STATE
FINANCE LAW.  WHEN ACTING ON SUCH A RECOMMENDATION, THE BOARD SHALL  SET
FORTH THE BASIS FOR ITS DETERMINATION; AND
  (D)  TO  ADVISE AND TO MAKE AN ANNUAL REPORT TO THE GOVERNOR, LEGISLA-
TURE AND JUDICIARY.
  S 2. Section 98-b of the state finance law, as added by section 12  of
part  J  of  chapter 62 of the laws of 2003, subdivision 3 as amended by
section 1 of part H of chapter 56 of the laws of 2004 and paragraph  (b)
of  subdivision 3 as amended by section 1 of part G of chapter 56 of the
laws of 2005, is amended to read as follows:
  S 98-b. Indigent legal services fund. 1. There is  hereby  established
in the joint custody of the comptroller and the commissioner of taxation
and  finance  a  special fund to be known as the indigent legal services
fund.
  2. Such fund shall consist of all moneys appropriated for the  purpose
of  such  fund, all other moneys required to be paid into or credited to
such fund, and all moneys received by the fund or donated to it.
  [3.] (a) [As provided in this  subdivision,  moneys  received  by  the
indigent  legal  services  fund  each  calendar  year from January first
through December thirty-first shall be made available by the state comp-
troller in the immediately succeeding calendar year] THE PURPOSE OF SUCH
FUND SHALL BE to (i) assist counties and, in the case of a county wholly
contained within a city, such city, in  providing  legal  representation
for  persons  who  are  financially unable to afford counsel pursuant to
article eighteen-B of the county law; [and] (ii) assist  the  state,  in
IMPROVING  THE  QUALITY OF PUBLIC DEFENSE SERVICES AND funding represen-
tation provided by assigned counsel  paid  in  accordance  with  section
thirty-five  of  the  judiciary  law;  AND (III) PROVIDE SUPPORT FOR THE
OPERATIONS, DUTIES, RESPONSIBILITIES AND EXPENSES OF THE OFFICE OF INDI-
GENT LEGAL SERVICES AND THE INDIGENT LEGAL SERVICES  BOARD  ESTABLISHED,
RESPECTIVELY,  PURSUANT  TO  SECTIONS EIGHT HUNDRED THIRTY-TWO AND EIGHT
HUNDRED THIRTY-THREE OF THE EXECUTIVE LAW.  [Moneys from the fund  shall
be  distributed  at the direction of the state comptroller in accordance
with the provisions of this subdivision.
  (b) (i) Commencing on March thirty-first, two  thousand  five,  moneys
from  such fund shall first be made available, in the calendar year next
succeeding the calendar year in which collected, to reimburse the  state
for payments, made in the previous calendar year, for,]

S. 6606--B                         115                        A. 9706--C

  (B)  STATE  FUNDS RECEIVED BY A COUNTY OR CITY FROM SUCH FUND SHALL BE
USED TO SUPPLEMENT AND NOT SUPPLANT ANY LOCAL FUNDS WHICH SUCH COUNTY OR
CITY WOULD OTHERWISE HAVE HAD TO EXPEND FOR THE PROVISION OF COUNSEL AND
EXPERT, INVESTIGATIVE AND OTHER SERVICES PURSUANT TO ARTICLE  EIGHTEEN-B
OF  THE  COUNTY  LAW.  ALL SUCH STATE FUNDS RECEIVED BY A COUNTY OR CITY
SHALL BE USED TO IMPROVE THE QUALITY OF SERVICES  PROVIDED  PURSUANT  TO
ARTICLE  EIGHTEEN-B  OF  THE COUNTY LAW. NOTHING IN THIS PARAGRAPH SHALL
PRECLUDE A COUNTY FROM DECREASING LOCAL FUNDS  AS  LONG  AS  THE  COUNTY
DEMONSTRATES  TO  THE  OFFICE  OF INDIGENT LEGAL SERVICES ESTABLISHED BY
SECTION EIGHT HUNDRED THIRTY-TWO OF THE EXECUTIVE LAW THAT  THE  QUALITY
OF  SERVICES  HAS BEEN MAINTAINED OR ENHANCED NOTWITHSTANDING THE USE OF
STATE FUNDS.
  (C) AS USED IN THIS SECTION, "LOCAL FUNDS" SHALL MEAN ALL FUNDS APPRO-
PRIATED OR ALLOCATED BY A COUNTY OR, IN THE  CASE  OF  A  COUNTY  WHOLLY
CONTAINED WITHIN A CITY, SUCH CITY, FOR SERVICES AND EXPENSES IN ACCORD-
ANCE  WITH  ARTICLE  EIGHTEEN-B  OF  THE  COUNTY  LAW,  OTHER THAN FUNDS
RECEIVED FROM: (I) THE FEDERAL  GOVERNMENT  OR  THE  STATE;  OR  (II)  A
PRIVATE  SOURCE,  WHERE  SUCH  CITY OR COUNTY DOES NOT HAVE AUTHORITY OR
CONTROL OVER THE PAYMENT OF SUCH FUNDS BY SUCH PRIVATE SOURCE.
  3. AMOUNTS DISTRIBUTED FROM SUCH FUND  SHALL  BE  LIMITED  TO  AMOUNTS
APPROPRIATED THEREFOR AND SHALL BE DISTRIBUTED AS FOLLOWS:
  (A)  THE  OFFICE  OF  COURT ADMINISTRATION MAY EXPEND A PORTION OF THE
FUNDS AVAILABLE IN SUCH FUND TO PROVIDE assigned counsel paid in accord-
ance with section thirty-five of the judiciary law, up to an annual  sum
of twenty-five million dollars.
  [(ii) Commencing with the payment on April first, two thousand five or
as  soon  thereafter  as  practicable, and subsequent quarterly payments
thereafter, moneys from such fund shall be available  to  reimburse  the
state  for  providing funding for legal representation in periods and at
rates of compensation in effect after January first, two  thousand  four
in  accordance  with  section  thirty-five  of  the judiciary law, in an
amount equal to such funding provided during the preceding quarter, less
the amount of funding provided during that quarter  in  accordance  with
such  section  at  rates  of compensation in effect immediately prior to
January first, two thousand four, up to but not  exceeding  six  million
two hundred fifty thousand dollars per quarter.
  (c)  The  balance of moneys received by such fund shall be distributed
by the state comptroller, in  the  calendar  year  next  succeeding  the
calendar  year  in  which  collected,  to counties and, in the case of a
county wholly contained within a city, such city, to assist  such  coun-
ties and such city in providing representation pursuant to article eigh-
teen-B  of  the county law. The amount to be made available each year to
such counties and such city shall be calculated by the state comptroller
as follows:
  (i) The county executive or chief executive officer of each county or,
in the case of a county wholly contained within a city, such city shall,
in accordance with subdivision two of section seven hundred twenty-two-f
of the county law, certify to the state comptroller, by March  first  of
each  year,  the total expenditure of local funds by each such county or
city, during the period January first through December  thirty-first  of
the  previous  calendar  year,  for  providing  legal  representation to
persons who were financially unable to afford counsel, pursuant to arti-
cle eighteen-B of the county law.
  (ii) The state comptroller shall then total the amount of local  funds
expended by all such counties and such city to determine the sum of such

S. 6606--B                         116                        A. 9706--C

moneys  expended  by  all such counties and such city for providing such
representation in such calendar year.
  (iii)  The state comptroller shall then calculate the percentage share
of the statewide sum of such expenditures for each county and such  city
for such calendar year.
  (iv) The state comptroller shall then determine:
  (A) the fund amount available to be distributed pursuant to this para-
graph, which shall be the amount received by the indigent legal services
fund  in the immediately preceding calendar year, minus the amount to be
distributed to  the  state  under  paragraph  (b)  of  this  subdivision
provided,  however, that with respect to the first payment made to coun-
ties and such city  on  March  thirty-first,  two  thousand  five,  such
payment  shall  be  made from the amounts received by the indigent legal
services fund in the immediately preceding two calendar years, minus the
amount to be distributed to the state under paragraph (b) of this subdi-
vision; and
  (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.
  (d) All payments  from  this  account  shall  be  made  upon  vouchers
approved  and  certified  and  upon audit and warrant of the state comp-
troller. The state comptroller shall, as soon as practicable, make  such
payments  to  the  state  and  each  county  and each city in a lump sum
payment.
  4. Maintenance of effort. (a) As used in this section,  "local  funds"
shall  mean  all  funds appropriated or allocated by a county or, in the
case of a county wholly contained within a city, such city, for services
and expenses in accordance with article eighteen-B of  the  county  law,
other than funds received from: (i) the federal government or the state;
or  (ii)  a  private  source,  where  such  city or county does not have
authority or control over the payment of  such  funds  by  such  private
source.
  (b)  State  funds received by a county or city pursuant to subdivision
three of this section shall be used to supplement and not  supplant  any
local funds which such county or city would otherwise have had to expend
for  the  provision  of  counsel  and  expert,  investigative  and other
services pursuant to article eighteen-B of  the  county  law.  All  such
state  funds  received  by a county or city shall be used to improve the
quality of services provided pursuant to article eighteen-B of the coun-
ty law.
  (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

S. 6606--B                         117                        A. 9706--C

provided, however, that with respect to the report filed in two thousand
six regarding calendar year  two  thousand  five,  such  maintenance  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 calen-
dar 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, 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. For purposes of this subpar-
agraph, 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 provid-
ing 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 experience; 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.]
  (B) AN ANNUAL AMOUNT OF FORTY MILLION DOLLARS SHALL BE MADE  AVAILABLE
TO  THE  CITY  OF  NEW YORK FROM SUCH FUND FOR THE PROVISION OF SERVICES
PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW; PROVIDED THAT THE CITY
OF NEW YORK SHALL CONTINUE TO PROVIDE AT MINIMUM THE AGGREGATE AMOUNT OF
FUNDING FOR PUBLIC DEFENSE SERVICES INCLUDING, BUT NOT LIMITED  TO,  THE
AMOUNT  OF  FUNDING FOR CONTRACTORS OF PUBLIC DEFENSE SERVICES AND INDI-
VIDUAL DEFENSE ATTORNEYS, THAT IT PROVIDED, PURSUANT  TO  ARTICLE  EIGH-
TEEN-B  OF THE COUNTY LAW DURING ITS TWO THOUSAND NINE--TWO THOUSAND TEN
FISCAL YEAR.
  (C) WITHIN THE FIRST FIFTEEN DAYS OF MARCH TWO THOUSAND  ELEVEN,  EACH
COUNTY OTHER THAN A COUNTY WHOLLY CONTAINED WITHIN THE CITY OF NEW YORK,
SHALL  RECEIVE NINETY PERCENT OF THE AMOUNT PAID TO SUCH COUNTY IN MARCH
TWO THOUSAND TEN.  WITHIN THE FIRST FIFTEEN DAYS OF MARCH  TWO  THOUSAND
TWELVE, EACH COUNTY OTHER THAN A COUNTY WHOLLY CONTAINED WITHIN THE CITY
OF  NEW  YORK  SHALL  RECEIVE SEVENTY-FIVE PERCENT OF THE AMOUNT PAID TO
SUCH COUNTY IN MARCH TWO THOUSAND TEN.  WITHIN THE FIRST FIFTEEN DAYS OF
MARCH TWO THOUSAND THIRTEEN, EACH COUNTY  OTHER  THAN  A  COUNTY  WHOLLY
CONTAINED WITHIN THE CITY OF NEW YORK SHALL RECEIVE FIFTY PERCENT OF THE
AMOUNT  PAID TO SUCH COUNTY IN MARCH TWO THOUSAND TEN.  WITHIN THE FIRST
FIFTEEN DAYS OF MARCH TWO THOUSAND FOURTEEN, EACH COUNTY  OTHER  THAN  A
COUNTY  WHOLLY CONTAINED WITHIN THE CITY OF NEW YORK SHALL RECEIVE TWEN-
TY-FIVE PERCENT OF THE AMOUNT PAID TO SUCH COUNTY IN MARCH TWO  THOUSAND
TEN.      FOR   ALL  STATE  FISCAL  YEARS  FOLLOWING  THE  TWO  THOUSAND
THIRTEEN--TWO THOUSAND FOURTEEN FISCAL YEAR, THERE SHALL BE NO  REQUIRED
ANNUAL  PAYMENTS  PURSUANT  TO  THIS  PARAGRAPH.    NOTWITHSTANDING  THE
PROVISIONS OF THIS PARAGRAPH, FOR EACH OF  THE  FOUR  REQUIRED  PAYMENTS
MADE  TO  COUNTIES  WITHIN  THE FIRST FIFTEEN DAYS OF MARCH TWO THOUSAND
ELEVEN, TWO THOUSAND TWELVE, TWO  THOUSAND  THIRTEEN  AND  TWO  THOUSAND
FOURTEEN,  HAMILTON  AND  ORLEANS COUNTIES SHALL RECEIVE SUCH PERCENTAGE
PAYMENTS BASED ON THE AMOUNTS THAT EACH COUNTY WOULD  HAVE  RECEIVED  IN
MARCH  TWO  THOUSAND  TEN  HAD  IT  SATISFIED  THE MAINTENANCE OF EFFORT

S. 6606--B                         118                        A. 9706--C

REQUIREMENT SET FORTH IN PARAGRAPH  (C)  OF  SUBDIVISION  FOUR  OF  THIS
SECTION IN EFFECT ON SUCH DATE.
  (D)  REMAINING  AMOUNTS  WITHIN SUCH FUND, AFTER ACCOUNTING FOR ANNUAL
PAYMENTS REQUIRED IN PARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVISION AND
SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OF  THIS  SECTION
SHALL   BE   DISTRIBUTED  IN  ACCORDANCE  WITH  SECTIONS  EIGHT  HUNDRED
THIRTY-TWO AND EIGHT HUNDRED THIRTY-THREE OF THE EXECUTIVE LAW.
  S 3. Subdivision 3 of section 722 of the county  law,  as  amended  by
chapter 682 of the laws of 1977, is amended to read as follows:
  3.  (A) Representation by counsel furnished pursuant to EITHER OR BOTH
OF THE FOLLOWING: a plan of a bar association in each county or the city
in which a county is wholly  contained  whereby:  (I)  the  services  of
private  counsel  are  rotated  and coordinated by an administrator, and
such administrator may be compensated for such  service;  OR  (II)  SUCH
REPRESENTATION IS PROVIDED BY AN OFFICE OF CONFLICT DEFENDER.
  (B)  Any  plan  of  a bar association must receive the approval of the
state administrator before the plan is placed in operation. In the coun-
ty of Hamilton, [such] representation PURSUANT TO A PLAN OF A BAR  ASSO-
CIATION  IN  ACCORDANCE  WITH  SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS
SUBDIVISION may be by counsel furnished by the Fulton county bar associ-
ation pursuant to a plan of the Fulton county bar association, FOLLOWING
APPROVAL OF THE STATE ADMINISTRATOR. WHEN  CONSIDERING  APPROVAL  OF  AN
OFFICE OF CONFLICT DEFENDER PURSUANT TO THIS SECTION, THE STATE ADMINIS-
TRATOR SHALL EMPLOY THE GUIDELINES ESTABLISHED BY THE OFFICE OF INDIGENT
LEGAL SERVICES PURSUANT TO PARAGRAPH (D) OF SUBDIVISION THREE OF SECTION
EIGHT HUNDRED THIRTY-TWO OF THE EXECUTIVE LAW.
  (C)  ANY COUNTY OPERATING AN OFFICE OF CONFLICT DEFENDER, AS DESCRIBED
IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION, AS  OF  MARCH
THIRTY-FIRST,  TWO  THOUSAND  TEN  MAY  CONTINUE TO UTILIZE THE SERVICES
PROVIDED BY SUCH OFFICE PROVIDED THAT THE COUNTY SUBMITS A PLAN  TO  THE
STATE  ADMINISTRATOR  WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE PROMULGA-
TION OF CRITERIA FOR THE PROVISION OF CONFLICT DEFENDER SERVICES BY  THE
OFFICE  OF  INDIGENT  LEGAL  SERVICES.  THE AUTHORITY TO OPERATE SUCH AN
OFFICE PURSUANT TO THIS PARAGRAPH SHALL EXPIRE WHEN THE  STATE  ADMINIS-
TRATOR  APPROVES  OR DISAPPROVES SUCH PLAN. UPON APPROVAL, THE COUNTY IS
AUTHORIZED TO OPERATE SUCH OFFICE IN ACCORDANCE WITH PARAGRAPHS (A)  AND
(B) OF THIS SUBDIVISION.
  S 4. This act shall take effect immediately.

                                 PART F

  Intentionally omitted.

                                 PART G

  Intentionally omitted.

                                 PART H

  Intentionally omitted.

                                 PART I

  Intentionally omitted.

                                 PART J

S. 6606--B                         119                        A. 9706--C

  Intentionally omitted.

                                 PART K

  Section  1.  Paragraph  2  of  subdivision  (a) of section 1911 of the
uniform district court act, as amended by section 33 of part J of  chap-
ter 62 of the laws of 2003, is amended and two new paragraphs 2-a and 10
are added to read as follows:
  (2)  Upon filing the first paper in an action or proceeding, including
a special proceeding for the settlement of  a  claim  of  an  infant  or
incompetent,  forty-five  dollars,  unless  there has been paid a fee of
forty-five dollars for the issuance of a summons,  order  of  arrest  or
attachment,  requisition  or warrant of seizure, or a notice of petition
or order to show cause in lieu  thereof  in  a  summary  proceeding,  as
provided for by [subparagraph (1) hereof] PARAGRAPH ONE OF THIS SUBDIVI-
SION.
  (2-A)  UPON  FILING THE FIRST PAPER IN AN ACTION OR PROCEEDING ARISING
OUT OF A CONSUMER CREDIT TRANSACTION AS DEFINED IN  SUBDIVISION  (F)  OF
SECTION  ONE  HUNDRED FIVE OF THE CIVIL PRACTICE LAW AND RULES, AN ADDI-
TIONAL NINETY-FIVE DOLLARS.
  (10) UPON THE FILING OF A JUDGMENT BY A PLAINTIFF ON OR AFTER  SEPTEM-
BER  FIRST, TWO THOUSAND TEN IN AN ACTION OR PROCEEDING ARISING OUT OF A
CONSUMER CREDIT TRANSACTION AS DEFINED IN SUBDIVISION (F) OF SECTION ONE
HUNDRED FIVE OF THE CIVIL PRACTICE LAW AND RULES,  NINETY-FIVE  DOLLARS;
PROVIDED  SUCH ACTION OR PROCEEDING WAS COMMENCED PRIOR TO SUCH DATE AND
NO ADDITIONAL FEE WAS PAID THEREIN PURSUANT TO PARAGRAPH TWO-A  OF  THIS
SUBDIVISION.
  S  2.  Paragraph  1  of subdivision (a) of section 1911 of the uniform
city court act, as amended by section 5 of part B of chapter 686 of  the
laws  of 2003, is amended and two new paragraphs 1-a and 12 are added to
read as follows:
  (1) Upon the filing of the first paper in any  action  or  proceeding,
forty-five  dollars,  unless there has already been paid a fee of forty-
five dollars as provided for by paragraph [(11) hereof] ELEVEN  OF  THIS
SUBDIVISION.
  (1-A)  UPON  FILING THE FIRST PAPER IN AN ACTION OR PROCEEDING ARISING
OUT OF A CONSUMER CREDIT TRANSACTION AS DEFINED IN  SUBDIVISION  (F)  OF
SECTION  ONE  HUNDRED FIVE OF THE CIVIL PRACTICE LAW AND RULES, AN ADDI-
TION NINETY-FIVE DOLLARS.
  (12) UPON THE FILING OF A JUDGMENT BY A PLAINTIFF ON OR AFTER  SEPTEM-
BER  FIRST, TWO THOUSAND TEN IN AN ACTION OR PROCEEDING ARISING OUT OF A
CONSUMER CREDIT TRANSACTION AS DEFINED IN SUBDIVISION (F) OF SECTION ONE
HUNDRED FIVE OF THE CIVIL PRACTICE LAW AND RULES,  NINETY-FIVE  DOLLARS,
PROVIDED  SUCH ACTION OR PROCEEDING WAS COMMENCED PRIOR TO SUCH DATE AND
NO ADDITIONAL FEE WAS PAID THEREIN PURSUANT TO PARAGRAPH (ONE-A) OF THIS
SUBDIVISION.
  S 3. Subdivision (b) of section 1911 of the New York city civil  court
act,  as  amended  by  section 36 of part J of chapter 62 of the laws of
2003, is amended and two new subdivisions (b-1) and  (n)  are  added  to
read as follows:
  (b)  Upon filing summons with proof of service thereof, or upon filing
of the first paper in that county in any action  or  proceeding,  forty-
five  dollars, unless there has been paid in that county a fee of forty-
five dollars pursuant to subdivision (a) [hereof] OF THIS SECTION.
  (B-1) UPON FILING THE FIRST PAPER IN AN ACTION OR  PROCEEDING  ARISING
OUT  OF  A  CONSUMER CREDIT TRANSACTION AS DEFINED IN SUBDIVISION (F) OF

S. 6606--B                         120                        A. 9706--C

SECTION ONE HUNDRED FIVE OF THE CIVIL PRACTICE LAW AND RULES,  AN  ADDI-
TIONAL NINETY-FIVE DOLLARS.
  (N) UPON THE FILING OF A JUDGMENT BY A PLAINTIFF ON OR AFTER SEPTEMBER
FIRST,  TWO  THOUSAND  TEN  IN  AN ACTION OR PROCEEDING ARISING OUT OF A
CONSUMER CREDIT TRANSACTION AS DEFINED IN SUBDIVISION (F) OF SECTION ONE
HUNDRED FIVE OF THE CIVIL PRACTICE LAW AND RULES,  NINETY-FIVE  DOLLARS,
PROVIDED  SUCH ACTION OR PROCEEDING WAS COMMENCED PRIOR TO SUCH DATE AND
NO ADDITIONAL FEE WAS PAID THEREIN PURSUANT TO SUBDIVISION (B-1) OF THIS
SECTION.
  S 4. Paragraph (e) of subdivision 2 of section  39  of  the  judiciary
law,  as  amended  by  section 22 of part J of chapter 62 of the laws of
2003, is amended to read as follows:
  (e) All fees collected pursuant to sections  eighteen  hundred  three,
eighteen  hundred  three-A  and  nineteen hundred eleven of the New York
city civil court act, all fees collected pursuant to state  law  by  the
county  clerks  in  the  city  of New York, except as otherwise provided
herein with respect to fees collected pursuant  to  subdivision  (a)  of
section  eight thousand eighteen of the civil practice law and rules and
except those fees collected by the clerk of Richmond county which in the
other counties of the city of New York are collected by the city  regis-
ters,  all fees collected pursuant to section eight thousand eighteen of
the civil practice law and rules  except  only  to  the  extent  of  one
hundred sixty-five dollars of any fee collected pursuant to SUBPARAGRAPH
(I)  OF  PARAGRAPH ONE OF subdivision (a) of such section and except for
those collected pursuant to SUBPARAGRAPH (II) OF PARAGRAPH ONE OF  para-
graph  three  of  such  subdivision  (a), all fees collected pursuant to
section eight thousand twenty of the civil practice law and rules except
for those collected pursuant to subdivisions (f), (g) and  (h)  of  said
section,  all  fees collected pursuant to section eight thousand twenty-
two of the civil practice law and rules, all fees collected pursuant  to
section  twenty-four hundred two of the surrogate's court procedure act,
all fees collected pursuant to section eighteen hundred three,  eighteen
hundred  three-A  and subdivision (a) of section nineteen hundred eleven
of the uniform district  court  act,  all  fees  collected  pursuant  to
section eighteen hundred three, eighteen hundred three-A and subdivision
(a) of section nineteen hundred eleven of the uniform city court act and
all  fines,  penalties and forfeitures collected pursuant to subdivision
eight of section eighteen hundred three of the vehicle and traffic  law,
except  such  fines,  penalties  and forfeitures collected by the Nassau
county traffic and parking violations agency,  section  71-0211  of  the
environmental  conservation  law, section two hundred one of the naviga-
tion law and subdivision one of section 27.13 of the  parks,  recreation
and historic preservation law shall be paid to the state commissioner of
taxation and finance on a monthly basis no later than ten days after the
last  day of each month. The additional fee of five dollars collected by
county clerks in New York city pursuant to paragraph three  of  subdivi-
sion  (a)  of  section eight thousand eighteen of the civil practice law
and rules shall be distributed monthly by the county clerks as  follows:
four dollars and seventy-five cents to the commissioner of education for
deposit  into the local government records management improvement funds;
and twenty-five cents to the city of New York.
  S 5. Paragraph 1 of subdivision (a) of section 8018 of the civil prac-
tice law and rules, as amended by section 23 of part J of chapter 62  of
the laws of 2003, is amended to read as follows:
  1.  A  county clerk is entitled, for the assignment of an index number
to an action pending in a court of which he or she is clerk,  to  a  fee

S. 6606--B                         121                        A. 9706--C

of: (I) one hundred ninety dollars[, payable in advance]; AND (II) IN AN
ACTION  TO  FORECLOSE  PURSUANT TO ARTICLE THIRTEEN OF THE REAL PROPERTY
ACTIONS AND PROCEEDINGS LAW, SUCH CLERK IS ENTITLED TO COLLECT AN  ADDI-
TIONAL  FEE  OF  ONE  HUNDRED  NINETY  DOLLARS. SUCH FEES ARE PAYABLE IN
ADVANCE.
  S 6. Subdivision 1 of section 465 of the judiciary law, as amended  by
chapter 166 of the laws of 1991, is amended to read as follows:
  1.  Every person applying for examination for admission to practice as
an attorney and [counsellor] COUNSELOR at law shall pay  a  fee  of  two
hundred  fifty dollars, OR SEVEN HUNDRED FIFTY DOLLARS IF, TO QUALIFY TO
TAKE THE BAR EXAMINATION, THE PERSON MUST SATISFY THE RULES OF THE COURT
OF APPEALS FOR THE ADMISSION OF ATTORNEYS AND COUNSELORS AT LAW  GOVERN-
ING  THE  STUDY OF LAW IN A FOREIGN COUNTRY, for each taking or retaking
of the examination, or if dispensation has been received from the taking
of the examination, four  hundred  dollars  for  credential  review  for
admission on motion. All such fees shall be paid into the state treasury
in  the  manner  provided by section one hundred twenty-one of the state
finance law.
  S 7. Section 14 of part J of chapter 62 of the laws of  2003  amending
the  county law and other laws relating to fees collected, as amended by
section 1 of part CC of chapter 56 of the laws of 2008,  is  amended  to
read as follows:
  S  14.  Notwithstanding  the  provisions of any other law: (a) the fee
collected by the office of court administration  for  the  provision  of
criminal  history  searches  and  other searches for data kept electron-
ically by the unified court  system  shall  be  [fifty-five]  SIXTY-FIVE
dollars;  (b)  [twenty-seven]  THIRTY-FIVE  dollars  of  each  such  fee
collected shall be deposited in the indigent legal services fund  estab-
lished  by  section  98-b  of the state finance law, as added by section
twelve of this act, (c) nine dollars of each such fee collected shall be
deposited in the legal services assistance fund established  by  section
98-c of the state finance law, as added by section nineteen of this act,
(d) sixteen dollars of each such fee collected shall be deposited to the
judiciary data processing offset fund established by section 94-b of the
state  finance  law,  and  (e)  the  remainder shall be deposited in the
general fund.
  S 8. Notwithstanding any other provision of law, the monies  collected
from  the  imposition  of  fees charged pursuant to paragraphs (2-a) and
(10) of subdivision (a) of section 1911 of the  uniform  district  court
act, paragraphs (1-a) and (12) of subdivision (a) of section 1911 of the
uniform  city  court act, and subdivisions (b-1) and (n) of the New York
city civil court act shall be deposited to the  credit  of  the  general
fund.
  S  9.  Subdivision 4 of section 468-a of the judiciary law, as amended
by section 17 of part J of chapter 62 of the laws of 2003, is amended to
read as follows:
  4. The biennial registration fee shall be three hundred [fifty] SEVEN-
TY-FIVE dollars, sixty dollars of which shall be  allocated  to  and  be
deposited  in  a  fund established pursuant to the provisions of section
ninety-seven-t of the state finance law, fifty dollars of which shall be
allocated to and shall be deposited in a fund  established  pursuant  to
the provisions of section ninety-eight-b of the state finance law, TWEN-
TY-FIVE  DOLLARS  OF  WHICH SHALL BE ALLOCATED TO BE DEPOSITED IN A FUND
ESTABLISHED PURSUANT TO THE PROVISIONS OF SECTION NINETY-EIGHT-C OF  THE
STATE  FINANCE LAW, and the remainder of which shall be deposited in the
attorney licensing fund. Such fee shall be required  of  every  attorney

S. 6606--B                         122                        A. 9706--C

who  is  admitted and licensed to practice law in this state, whether or
not the attorney is engaged in the practice of  law  in  this  state  or
elsewhere,  except  attorneys  who certify to the chief administrator of
the courts that they have retired from the practice of law.
  S 10.  This act shall take effect July 1, 2010; provided that sections
one,  two,  three,  four,  five,  eight  and nine of this act shall take
effect September 1, 2010.

                                 PART L

  Section 1. Subdivision 1 of section 106 of the uniform  justice  court
act,  as  amended by chapter 499 of the laws of 1977, is amended to read
as follows:
  1. A justice may hold court anywhere in the municipality including  in
the  case  of  a town justice anywhere within a village wholly or partly
contained within the town of which he is a justice regardless of whether
or not said village has a village court and in the  event  two  or  more
contiguous  villages  maintain  offices  in the same building, a village
justice of any such village may hold court in  such  building,  notwith-
standing  that the building is outside the boundaries of such village. A
town justice may hold court in an adjacent town providing  such  justice
has  been  elected  or  holds  office  pursuant to a plan established by
resolution which was adopted pursuant to the provisions of  section  one
hundred six-a of this [chapter] ARTICLE OR THE PROVISIONS OF SECTION ONE
HUNDRED  SIX-B  OF THIS ARTICLE. A JUSTICE MAY HOLD COURT IN ONE OR MORE
MUNICIPALITIES THAT FORM A CONTIGUOUS GEOGRAPHIC AREA,  INCLUDING  IN  A
TOWN  AND  ONE  OR  MORE  VILLAGES  EACH  OF  WHICH  IS WHOLLY OR PARTLY
CONTAINED WITHIN SUCH TOWN, WITHIN THE SAME COUNTY PROVIDING THERE IS AN
AGREEMENT BETWEEN SUCH MUNICIPALITIES PURSUANT TO ARTICLE FIVE-G OF  THE
GENERAL  MUNICIPAL  LAW TO HOLD ALL COURT PROCEEDINGS IN ANY OF THE SUCH
MUNICIPALITIES IN A COURTROOM OR OTHER SUITABLE  FACILITY  OPEN  TO  THE
PUBLIC.
  S  2. Subdivision 1 of section 106-a of the uniform justice court act,
as amended by chapter 237 of the laws of 2007, is  amended  to  read  as
follows:
  1.  The  town  boards  of  two  or  more  towns that form a contiguous
geographic area within the same county are hereby authorized  to  estab-
lish  a single town court to be comprised of town justices to be elected
from each of such towns in the same manner and for  the  same  terms  as
town  justices  are  so elected except that [such terms shall not expire
during the same year] THE NUMBER OF SUCH TERMS EXPIRING IN ANY ONE  YEAR
MAY  NOT  EXCEED  BY  MORE  THAN ONE THE NUMBER OF TERMS EXPIRING IN ANY
OTHER YEAR IN WHICH TERMS EXPIRE.    The  procedure  to  establish  such
single  court  may be initiated by the town board or may be initiated by
petition. In the event the procedure is initiated by petition, the peti-
tion shall be addressed to each town board and shall  be  signed  by  at
least twenty percent of the registered voters in such towns.
  S  3. Subdivision 3 of section 106-a of the uniform justice court act,
as amended by chapter 237 of the laws of 2007, is  amended  to  read  as
follows:
  3. Such petition shall be filed in the office of the town clerk of one
of  such  towns and a certified copy shall be filed in the office of the
town clerk of the other town  OR TOWNS.
  S 4. Subdivision 8 of section 106-a of the uniform justice court  act,
as  amended  by  chapter  237 of the laws of 2007, is amended to read as
follows:

S. 6606--B                         123                        A. 9706--C

  8. In the event that each respective town board approves  such  resol-
ution  or  petition,  such boards shall prepare a joint resolution which
shall provide that the office of one justice in each town shall be abol-
ished and that the remaining justice in each town shall  have  jurisdic-
tion in each town to the same extent as if each such justice was elected
in each town. Such joint resolution shall provide for the election of AT
LEAST  one  town justice every two years BUT IN NO CASE SHALL THE NUMBER
OF TERMS EXPIRING IN ANY ONE YEAR EXCEED BY MORE THAN ONE THE NUMBER  OF
TERMS  EXPIRING IN ANY OTHER YEAR IN WHICH TERMS EXPIRE, and shall iden-
tify each justice whose office shall be abolished,  and  shall  identify
each  justice  whose  office  shall  be continued [to so provide for the
election of one justice every two years].
  S 5. Subdivision 9 of section 106-a of the uniform justice court  act,
as  amended  by  chapter  237 of the laws of 2007, is amended to read as
follows:
  9. In the event no agreement can be reached as to which offices  shall
be  abolished,  the  [office]  OFFICES  to  be [first] abolished by such
resolution shall be chosen from each of the offices of town  justice  by
lot. [In the event it is determined by lot that the office of justice to
be  first  abolished is an office, the term of which will expire in more
than two years, such office shall  be  abolished  as  provided  in  such
resolution. The office of town justice that shall also then be abolished
in  the other town shall be that office which would have expired in less
than two years. In the event it is determined by lot that the office  of
town justice to be abolished is an office, the term of which will expire
in  less  than  two years, such office shall be abolished as provided in
such resolution.  The office of town justice that shall  also  be  abol-
ished  in any town shall be that office which would have expired in more
than two years] HOWEVER IN NO CASE SHALL AN OFFICE BE CHOSEN BY  LOT  TO
BE  ABOLISHED  THAT  WOULD  CAUSE  THE  REMAINING OFFICES TO VIOLATE THE
REQUIREMENTS OF SUBDIVISION EIGHT OF THIS SECTION.
  S 6. Subdivision 11 of section 106-a of the uniform justice court act,
as added by chapter 499 of the laws of  1977,  is  amended  to  read  as
follows:
  11.  If  such  resolution  is  approved by a majority of the qualified
persons voting thereon in each town such resolution shall be  deemed  to
be adopted and the plan to establish a single town court shall be imple-
mented  in the manner provided in such resolution. If such resolution is
disapproved by a majority of the qualified persons voting thereon in one
[town] or [in both] MORE towns, such resolution shall be defeated and no
further action shall be taken to implement such plan.
  S 7. Subdivision 12 of section 106-a of the uniform justice court act,
as added by chapter 499 of the laws of  1977,  is  amended  to  read  as
follows:
  12.  Any  town  justice continuing in office pursuant to such plan and
any town justice hereafter elected pursuant to the plan  established  in
such  resolution  shall have jurisdiction in each [adjacent] town IN THE
CONTIGUOUS GEOGRAPHIC AREA to the same extent and effect as if such town
justice were elected in each such town.
  S 8. This act shall take effect April 1, 2010.

                                 PART M

  Intentionally omitted.

                                 PART N

S. 6606--B                         124                        A. 9706--C

  Section 1. Section 2431 of the public authorities law  is  amended  by
adding a new closing paragraph to read as follows:
  IT  IS  FURTHER  DECLARED  TO  BE IN THE PUBLIC INTEREST AND IT IS THE
POLICY OF THE STATE TO PROVIDE A MEANS BY WHICH STATE AND  LOCAL  FIRST-
RESPONDER  PUBLIC  SAFETY AGENCIES CAN ESTABLISH REGIONAL COMMUNICATIONS
CAPABILITIES, INTENDED TO SERVE AS A PART OF A  STATEWIDE  INTEROPERABLE
NETWORK,  AND  TO DO SO BY AUTHORIZING A STATE INSTRUMENTALITY TO BORROW
MONEY AND USE THE PROCEEDS TO PURCHASE OBLIGATIONS ISSUED BY  A  MUNICI-
PALITY  TO  FUND THESE COMMUNICATIONS CAPABILITIES, THEREBY RESULTING IN
SAVINGS FOR TAXPAYERS.
  S 2. Subdivisions 2, 3 and 10 of section 2432 of the  public  authori-
ties  law,  as amended by section 2 of part E of chapter 494 of the laws
of 2009, are amended, subdivisions 25 and 26 are renumbered subdivisions
26 and 27 and two new subdivisions 25  and  28  are  added  to  read  as
follows:
  (2)  "Bonds"  and  "Notes". The bonds and notes, including any special
program bonds, special school purpose bonds, [and] recovery  act  bonds,
AND PUBLIC SAFETY COMMUNICATIONS BONDS respectively issued by the agency
pursuant  to  this title. Bonds and notes shall not include any tax lien
collateralized securities issued pursuant to this title.
  (3) "Municipal Bond". A bond or note or evidence of debt payable  from
any  local  revenues,  including  taxes,  assessments and rents, which a
municipality may lawfully issue to finance local improvements and public
purposes, including local ARRA bonds AND LOCAL  PUBLIC  SAFETY  COMMUNI-
CATIONS  BONDS, but does not include (a) any bond or note or evidence of
debt issued by any other state or any public body  or  municipal  corpo-
ration  thereof,  (b)  any special program agreement, or (c) any special
school purpose agreement or any special school  deficit  program  agree-
ment.
  (10) "Debt Service Reserve Fund Requirement". With respect to any debt
service  reserve fund created by section twenty-four hundred thirty-nine
of this title relating to bonds other  than  special  program  bonds  or
special  school purpose bonds or special school deficit program bonds or
recovery act bonds OR PUBLIC SAFETY  COMMUNICATIONS  BONDS,  as  of  any
particular date of computation, an amount of money equal to the greatest
of the respective amounts, for the then current or any succeeding calen-
dar  year,  of  annual  debt service payments required to be made to the
agency on all municipal bonds purchased with the proceeds of bonds which
bonds are secured by such debt service reserve fund,  such  annual  debt
service payments for any calendar year being an amount of money equal to
the  aggregate  of (a) all interest payable during such calendar year on
all municipal bonds purchased by the agency and then outstanding on said
date of computation which are secured by such debt service reserve fund,
plus (b) the principal amount of all municipal bonds  purchased  by  the
agency  and  then  outstanding  on said date of computation which mature
during such calendar year and are secured by such debt  service  reserve
fund;  and  with  respect  to  any  debt service reserve fund created by
section twenty-four hundred thirty-nine of this  title  relating  to  an
issue or issues of special program bonds or special school purpose bonds
or  special school deficit program bonds or recovery act bonds OR PUBLIC
SAFETY COMMUNICATIONS BONDS, such amount as shall be determined  by  the
agency.
  (25) "PUBLIC SAFETY COMMUNICATIONS BONDS". BONDS OF THE AGENCY, ALL OR
A  PORTION  OF THE PROCEEDS OF WHICH ARE USED TO PURCHASE A LOCAL PUBLIC
SAFETY COMMUNICATION BOND.  THE AMOUNT OF SUCH BONDS ISSUED BY THE AGEN-
CY SHALL NOT EXCEED ONE BILLION DOLLARS.

S. 6606--B                         125                        A. 9706--C

  (28) "LOCAL PUBLIC SAFETY  COMMUNICATIONS  BONDS".  A  MUNICIPAL  BOND
ISSUED  TO  FINANCE  OR  FUND  ALL OR A PORTION OF THE COSTS OF BUILDING
REGIONAL, INTEROPERABLE PUBLIC COMMUNICATIONS NETWORKS FOR STATEWIDE USE
BY FIRST-RESPONDER AGENCIES IN THE STATE, INCLUDING EQUIPMENT AND  INCI-
DENTAL  COSTS.    LOCAL  PUBLIC  SAFETY  COMMUNICATION BONDS MAY ALSO BE
ISSUED TO REFINANCE OUTSTANDING BONDS ISSUED BY MUNICIPALITIES  FOR  THE
PURPOSES  DESCRIBED HEREIN PROVIDED THAT PRESENT VALUE SAVINGS ARE REAL-
IZED FROM SUCH A REFUNDING.
  S 3. Section 2434 of the public authorities law is amended by adding a
new subdivision 7-c to read as follows:
  (7-C) TO ACQUIRE AND CONTRACT TO ACQUIRE, AND TO ENTER  INTO  ARRANGE-
MENTS  WITH  A  MUNICIPALITY FOR THE PURCHASE OF ITS LOCAL PUBLIC SAFETY
COMMUNICATIONS BONDS.
  S 4. Subdivision 1 of section 2435 of the public authorities  law,  as
amended  by  section  4 of part E of chapter 494 of the laws of 2009, is
amended to read as follows:
  1. The agency may purchase, and contract to purchase, municipal  bonds
from  municipalities at such price or prices, upon such terms and condi-
tions and in such manner, not inconsistent with the  provisions  of  the
local  finance law, as the agency shall deem advisable; provided, howev-
er, that the average interest rate payable on all municipal bonds (taken
as a group) purchased with the proceeds of an issue of bonds shall equal
or exceed the interest rate on such issue of bonds. The agency shall not
purchase the municipal bonds of any municipality if  (i)  the  aggregate
principal amount thereof, together with the aggregate principal balances
of the municipal bonds of such municipality then outstanding and held by
the agency, exceed an amount equal to ten percent of the aggregate prin-
cipal amount of the statutory authorization at the time for the issuance
of  bonds  and notes, as provided in section twenty-four hundred thirty-
eight of this title, and (ii) the  aggregate  principal  amount  thereof
exceeds  an  amount  equal  to  fifty percent of the aggregate principal
amount of all municipal bonds proposed to be so purchased at  the  time;
provided,  however,  that  this  sentence  shall not apply to local ARRA
bonds OR LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS.
  S 5. The public authorities law is amended by  adding  a  new  section
2436-c to read as follows:
  S 2436-C. LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS. (1) THE AGENCY MAY
PURCHASE  LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS USING THE PROCEEDS OF
PUBLIC SAFETY COMMUNICATION BONDS, SUBJECT TO  THE  PROVISIONS  OF  THIS
SECTION AND TO ANY OTHER PROVISION OF LAW APPLICABLE TO THE MUNICIPALITY
AND  BONDS  IT  ISSUES,  INCLUDING ANY DEBT LIMITATION APPLICABLE TO THE
MUNICIPALITY THAT ISSUED THE LOCAL PUBLIC SAFETY COMMUNICATIONS BOND, AS
WELL AS TO THE OTHER PROVISIONS OF THIS TITLE. TO THE  EXTENT  THAT  ANY
SUCH  OTHER PROVISION OF LAW CONFLICTS WITH A PROVISION OF THIS SECTION,
THE PROVISION OF THIS SECTION SHALL CONTROL, EXCEPT AS OTHERWISE STATED.
  (2) LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS  SHALL  BE  PAYABLE  FROM
FUNDS  PROVIDED  BY  A  MUNICIPALITY  FOR PAYMENT THEREOF AS WELL AS ANY
MONIES AVAILABLE FROM SPECIAL PUBLIC SAFETY COMMUNICATIONS AGREEMENTS.
  (3)  THE  AGENCY'S  PUBLIC  SAFETY  COMMUNICATIONS  BONDS  SECURED  BY
PAYMENTS  OF  PRINCIPAL  AND  INTEREST  DUE WITH RESPECT TO LOCAL PUBLIC
SAFETY COMMUNICATIONS BONDS SHALL NOT BE A DEBT OF EITHER THE  STATE  OR
ANY  MUNICIPALITY,  AND  NEITHER THE STATE NOR ANY MUNICIPALITY SHALL BE
LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY  FUNDS  OTHER  THAN
THOSE  OF  THE AGENCY; AND SUCH LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS
SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH EFFECT.

S. 6606--B                         126                        A. 9706--C

  (4) SUBJECT TO THE PROVISIONS OF ANY CONTRACT WITH HOLDERS  OF  BONDS,
NOTES  OR  OTHER  OBLIGATIONS,  PROCEEDS OF PUBLIC SAFETY COMMUNICATIONS
BONDS TO BE PAID TO A MUNICIPALITY TO PURCHASE ITS LOCAL  PUBLIC  SAFETY
COMMUNICATIONS  BONDS SHALL BE PAID TO THE MUNICIPALITY AND SHALL NOT BE
COMMINGLED WITH ANY OTHER MONEY OF THE AGENCY.
  (5)  NOTHING  CONTAINED  IN  THIS TITLE SHALL BE CONSTRUED TO CREATE A
DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL OR  STATUTORY
PROVISIONS.
  (6)  (A)  A  MUNICIPALITY MAY COVENANT AND AGREE THAT THE MUNICIPALITY
WILL NOT LIMIT, ALTER OR IMPAIR THE RIGHTS HEREBY VESTED IN  THE  AGENCY
TO FULFILL THE TERMS OF ANY AGREEMENTS MADE WITH HOLDERS OF THE AGENCY'S
PUBLIC  SAFETY  COMMUNICATIONS BONDS, THE PROCEEDS OF WHICH WERE USED TO
PURCHASE THE MUNICIPALITY'S LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS, OR
IN ANY WAY IMPAIR THE RIGHTS AND REMEDIES OF SUCH HOLDERS OR THE SECURI-
TY FOR SUCH BONDS, UNTIL SUCH BONDS, TOGETHER WITH THE INTEREST  THEREON
AND  ALL  COSTS AND EXPENSES IN CONNECTION WITH ANY ACTION OR PROCEEDING
BY OR ON BEHALF OF SUCH HOLDERS, ARE FULLY PAID AND DISCHARGED.
  (B) ANY SUCH AGREEMENT WITH A MUNICIPALITY MAY BE PLEDGED BY THE AGEN-
CY TO SECURE ITS PUBLIC SAFETY COMMUNICATIONS  BONDS  USED  TO  PURCHASE
LOCAL PUBLIC SAFETY COMMUNICATIONS BONDS ISSUED BY THAT MUNICIPALITY AND
MAY  NOT  BE  MODIFIED THEREAFTER EXCEPT AS PROVIDED BY THE TERMS OF THE
PLEDGE OR SUBSEQUENT AGREEMENTS WITH THE HOLDERS OF SUCH  PUBLIC  SAFETY
COMMUNICATIONS BONDS.
  S  6.  Subdivision 5 of section 2437 of the public authorities law, as
amended by section 6 of part E of chapter 494 of the laws  of  2009,  is
amended to read as follows:
  (5) Any bonds or notes of the agency other than special program bonds,
special school purpose bonds, special school deficit program bonds [or],
recovery  act  bonds OR PUBLIC SAFETY COMMUNICATIONS BONDS shall be sold
at public sale and from time to time upon such terms and at such  prices
as may be determined by the agency, and the agency may pay all expenses,
premiums  and commissions which it may deem necessary or advantageous in
connection with the issuance  and  sale  thereof.  Any  special  program
bonds,  special  school  purpose  bonds,  special school deficit program
bonds [or], recovery act bonds OR  PUBLIC  SAFETY  COMMUNICATIONS  BONDS
shall  be sold at public or private sale and from time to time upon such
terms and at such prices as may be determined by  the  agency,  and  the
agency  may pay all expenses, premiums and commissions which it may deem
necessary or advantageous in connection with the issuance and sale ther-
eof provided, however, that special program bonds relating to a  special
program  agreement entered for the purpose described in paragraph (b) of
subdivision one of section twenty-four  hundred  thirty-five-a  of  this
title  shall  be  sold on or before June thirtieth, two thousand one. No
special program bonds, special  school  purpose  bonds,  special  school
deficit  program bonds, or recovery act bonds, OR PUBLIC SAFETY COMMUNI-
CATIONS BONDS of the agency may be sold by the agency at  private  sale,
however,  unless  such  sale and the terms thereof have been approved in
writing by (a) the comptroller, where such sale  is  not  to  the  comp-
troller,  or  (b)  the director of the budget, where such sale is to the
comptroller.
  S 7. Subdivision 1 of section 2438 of the public authorities  law,  as
amended  by  section  7 of part E of chapter 494 of the laws of 2009, is
amended to read as follows:
  (1) The agency shall not issue bonds and notes in an aggregate princi-
pal amount at any one time outstanding exceeding  one  billion  dollars,
excluding  tax  lien  collateralized  securities, special school purpose

S. 6606--B                         127                        A. 9706--C

bonds, special school  deficit  program  bonds,  special  program  bonds
issued to finance the reconstruction, rehabilitation or renovation of an
educational  facility  pursuant  to the provisions of subdivision (b) of
section sixteen of chapter six hundred five of the laws of two thousand,
special  program  bonds  issued  to  finance  the  cost of a project for
design, reconstruction or rehabilitation of a school  building  pursuant
to  the  provisions  of section fourteen of the city of Syracuse and the
board of education of the city school district of the city  of  Syracuse
cooperative school reconstruction act, recovery act bonds, PUBLIC SAFETY
COMMUNICATIONS  BONDS  and  bonds and notes issued to refund outstanding
bonds and notes.
  S 8. This act shall take effect immediately.

                                 PART O

  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:
  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

S. 6606--B                         128                        A. 9706--C

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 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.

S. 6606--B                         129                        A. 9706--C

  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
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

S. 6606--B                         130                        A. 9706--C

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
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.

S. 6606--B                         131                        A. 9706--C

  (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
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

S. 6606--B                         132                        A. 9706--C

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 P

  Section 1. Section 163-c of the state finance law is REPEALED.
  S 2. This act shall take effect immediately.

                                 PART Q

  Section  1.  (a) For the purpose of this section, "insurance carrier,"
and "workers' compensation rating board"  shall  have  the  meaning  set
forth in section 2 of the workers' compensation law.
  (b)  For the purposes of this section, "excess assessment funds" shall
mean any excess of the amount collected by an insurance carrier from its
policy holders in accordance with a calculation provided by the workers'
compensation rating board pursuant  to  subdivision  8  of  section  15,
subdivision  3  of  section  25-a or section 151 of the workers' compen-
sation law attributable to the period April 1, 2008, through  March  31,
2009,  over  the amount paid to the workers' compensation board pursuant
to subdivision 8 of section 15, subdivision 3 of section 25-a or section
151 of the workers' compensation law attributable to the period April 1,
2008, through March 31, 2009.  The board may issue guidelines  regarding
the  construction of this section, provided such guidelines are consist-
ent with this section and with part QQ of chapter  56  of  the  laws  of
2009.
  (c)  Any  insurance  carrier or affiliated group of insurance carriers
that has collected excess assessment funds shall pay over to  the  chair
of  the  workers' compensation board, within sixty days of the effective
date of this subdivision, the amount of such funds.  Such funds shall be
credited to the workers' compensation  account.  Any  amounts  collected
pursuant  to this section shall be transferred by the comptroller to the
general fund, at the request of the director of the budget.
  S 2. This act shall take effect immediately.

                                 PART R

  Section 1. Subdivisions 2 and  3  of  section  50-a  of  the  workers'
compensation  law,  as  added  by  chapter  139 of the laws of 2008, are
amended to read as follows:
  2. At any time prior to April first, two thousand [nine]  ELEVEN,  the
chair  may withdraw funds from the uninsured employers fund provided for
under section twenty-six-a of this chapter, up to  such  amount  as  the
chair  determines  is  sufficient  to  fund  any  anticipated additional
expenses of such fund, taking into account anticipated available  reven-
ues,  but in no event to exceed [fifty-two] SEVENTY-FIVE million dollars
in the aggregate. Such funds shall be deposited into the group  self-in-
surer  offset  fund, and used in accordance with subdivision one of this

S. 6606--B                         133                        A. 9706--C

section. As consistent with this section, the chair may set  the  timing
of such withdrawals in its discretion.
  3.  Beginning  on  January  first, two thousand [ten] TWELVE, and each
year thereafter, the chair shall add to the total of each annual assess-
ment made under paragraph g of subdivision five of section fifty of this
article the sum of up to three  million  dollars,  to  be  allocated  to
private group and individual self-insurers in accordance with such para-
graph.  The  chair shall assess additional funds under this paragraph as
necessary to insure that there are sufficient  funds  in  the  fund  for
uninsured  employers to meet its liabilities, or if necessary in accord-
ance with section one hundred fifty-one of this chapter. Such  funds  as
are  collected  pursuant to this subdivision shall be deposited into the
uninsured employer fund until all funds withdrawn therefrom under subdi-
vision one of this section are returned with interest calculated  at  an
annual  rate  equal to the rate of return on funds in the fund for unin-
sured employers from the prior year.
  S 2. Section 1108 of the insurance law is  amended  by  adding  a  new
subsection (j) to read as follows:
  (J)  ANY  GROUP  OF  EMPLOYERS AUTHORIZED BY THE WORKERS' COMPENSATION
BOARD TO PROVIDE WORKERS' COMPENSATION BENEFITS FOR THE EMPLOYEES OF ALL
MEMBER EMPLOYERS PURSUANT TO SUBDIVISION THREE-A OF SECTION FIFTY OF THE
WORKERS' COMPENSATION LAW.
  S 3. The second undesignated paragraph of subdivision 3 of section  50
of the workers' compensation law, as amended by chapter 6 of the laws of
2007, is amended to read as follows:
  If  for any reason the status of an employer under this subdivision is
terminated, the securities or the surety bond, or the securities,  cash,
or irrevocable letters of credit and surety bond, on deposit referred to
herein  shall  remain  in  the  custody of the chair for [a period of at
least twenty-six months. At  the  expiration  of]  such  time  [or  such
further  time  period]  as the chair may deem proper and warranted under
the circumstances[, and so designates, the chair may accept in]. IN
 lieu thereof, [and for the additional purpose of] AND AT THE DISCRETION
OF THE CHAIR, THE EMPLOYER, HIS OR HER HEIRS OR ASSIGNS OR OTHERS CARRY-
ING ON OR LIQUIDATING SUCH BUSINESS, MAY EXECUTE AN ASSUMPTION OF  WORK-
ERS'  COMPENSATION  LIABILITY INSURANCE POLICY securing such further and
future contingent liability as may arise from prior injuries to  workers
and  be  incurred  by  reason of any change in condition of such workers
warranting the board making subsequent awards for payment of  additional
compensation[,  a  policy  of  insurance  furnished by the employer, his
heirs or assigns or others carrying on or  liquidating  such  business].
Such  policy shall be in a form approved by the superintendent of insur-
ance and issued by the state fund or any insurance company  licensed  to
issue  this  class  of  insurance  in this state. IN THE EVENT THAT SUCH
POLICY IS ISSUED BY AN INSURANCE COMPANY OTHER THAN THE STATE FUND, THEN
SAID POLICY SHALL BE DEEMED OF THE KIND SPECIFIED IN  PARAGRAPH  FIFTEEN
OF  SUBSECTION  (A)  OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE
INSURANCE LAW AND COVERED BY THE WORKERS' COMPENSATION SECURITY FUND  AS
CREATED  AND GOVERNED BY ARTICLE SIX-A OF THIS CHAPTER. It shall only be
issued for a single complete premium payment in advance by the  employer
AND  IN  AN AMOUNT DEEMED ACCEPTABLE BY THE CHAIR AND THE SUPERINTENDENT
OF INSURANCE. IN  LIEU  OF  THE  APPLICABLE  PREMIUM  CHARGE  ORDINARILY
REQUIRED  TO  BE  IMPOSED  BY  A  CARRIER,  SAID PREMIUM SHALL INCLUDE A
SURCHARGE IN AN AMOUNT TO BE DETERMINED BY THE CHAIR TO:    (I)  SATISFY
ALL  ASSESSMENT  LIABILITY  DUE  AND OWING TO THE BOARD AND/OR THE CHAIR
UNDER THIS CHAPTER; AND (II) SATISFY  ALL  FUTURE  ASSESSMENT  LIABILITY

S. 6606--B                         134                        A. 9706--C

UNDER  THIS SECTION. SAID SURCHARGE SHALL BE PAYABLE TO THE BOARD SIMUL-
TANEOUS TO THE EXECUTION OF  THE  ASSUMPTION  OF  WORKERS'  COMPENSATION
LIABILITY  INSURANCE POLICY. HOWEVER, THE PAYMENT OF SAID SURCHARGE DOES
NOT  RELIEVE  THE  CARRIER FROM ANY OTHER LIABILITY, INCLUDING LIABILITY
OWED TO THE SUPERINTENDENT OF INSURANCE PURSUANT  TO  ARTICLE  SIX-A  OF
THIS  CHAPTER.  [It  shall be given in an amount to be determined by the
chair and when] WHEN issued SUCH POLICY shall be non-cancellable WITHOUT
RECOURSE for any cause during the continuance of the  liability  secured
and so covered.
  S  4.  Paragraph  7  of  subdivision 3-a of section 50 of the workers'
compensation law, as amended by chapter 139 of  the  laws  of  2008,  is
amended to read as follows:
  (7)  (a)  If  for any reason, the status of a group self-insurer under
this subdivision is terminated, the securities or  cash  or  the  surety
bond  on  deposit  referred to herein shall remain in the custody of the
chair for [a period of at least twenty-six months. At the expiration of]
such time [or such further period] as the  chair  may  deem  proper  and
warranted[,  he  or  she  may  accept in]. IN lieu thereof, [and for the
additional purpose of] AND AT THE DISCRETION OF  THE  CHAIR,  THE  GROUP
SELF-INSURER,  ITS HEIRS OR ASSIGNS OR OTHERS CARRYING ON OR LIQUIDATING
SUCH GROUP SELF-INSURER, INCLUDING THE CHAIR ON THE GROUP SELF-INSURER'S
BEHALF, MAY EXECUTE AN ASSUMPTION  OF  WORKERS'  COMPENSATION  LIABILITY
INSURANCE  POLICY  securing such further and future contingent liability
as may arise from prior injuries to workers and be incurred by reason of
any change in the condition of such workers warranting the board  making
subsequent  awards  for payment of additional compensation[, a policy of
insurance furnished by the group self-insurer, its successor or  assigns
or  others  carrying  on  or  liquidating such group self-insurer]. Such
policy shall be in a form approved by the  superintendent  of  insurance
and  issued by the state fund or any insurance company licensed to issue
this class of insurance in this state.  IN THE EVENT THAT SUCH POLICY IS
ISSUED BY AN INSURANCE COMPANY OTHER THAN  THE  STATE  FUND,  THEN  SAID
POLICY  SHALL  BE  DEEMED  OF THE KIND SPECIFIED IN PARAGRAPH FIFTEEN OF
SUBSECTION (A) OF SECTION ONE  THOUSAND  ONE  HUNDRED  THIRTEEN  OF  THE
INSURANCE  LAW AND COVERED BY THE WORKERS' COMPENSATION SECURITY FUND AS
CREATED AND GOVERNED BY ARTICLE SIX-A OF THIS CHAPTER. It shall only  be
issued  for  a  single  complete premium payment in advance by the group
self-insurer AND IN AN AMOUNT DEEMED ACCEPTABLE BY  THE  CHAIR  AND  THE
SUPERINTENDENT  OF  INSURANCE.  IN LIEU OF THE APPLICABLE PREMIUM CHARGE
ORDINARILY REQUIRED TO BE IMPOSED  BY  A  CARRIER,  SAID  PREMIUM  SHALL
INCLUDE  A  SURCHARGE IN AN AMOUNT TO BE DETERMINED BY THE CHAIR TO: (I)
SATISFY ALL ASSESSMENT LIABILITY DUE AND OWING TO THE BOARD  AND/OR  THE
CHAIR UNDER THIS CHAPTER; AND (II) SATISFY ALL FUTURE ASSESSMENT LIABIL-
ITY  UNDER  THIS  SECTION.  SAID SURCHARGE SHALL BE PAYABLE TO THE BOARD
SIMULTANEOUS TO THE EXECUTION OF THE ASSUMPTION OF WORKERS' COMPENSATION
LIABILITY INSURANCE POLICY. HOWEVER, THE PAYMENT OF SAID SURCHARGE  DOES
NOT  RELIEVE  THE  CARRIER FROM ANY OTHER LIABILITY, INCLUDING LIABILITY
OWED TO THE SUPERINTENDENT OF INSURANCE PURSUANT  TO  ARTICLE  SIX-A  OF
THIS  CHAPTER.   [It shall be given in an amount to be determined by the
chair and when] WHEN issued SUCH POLICY shall be noncancellable  WITHOUT
RECOURSE  for  any cause during the continuance of the liability secured
and so covered.
  (b) The chair shall levy an assessment on the members of  a  defaulted
group  self-insurer within one hundred twenty days of such default or of
the effective date of the chapter of the  laws  of  two  thousand  eight
which  amended  this  subdivision,  whichever  is later, and against the

S. 6606--B                         135                        A. 9706--C

members of any other terminated group self-insurer when  necessary,  for
such  an amount as he or she determines to be necessary to discharge all
liabilities of the group self-insurer, including the reasonable cost  of
liquidation  such as claims administration costs, actuarial and account-
ing services, and the value of future assessments  on  members  of  such
group self-insurer. The chair may impose subsequent deficit assessments,
or  return  funds  to members, to adjust the moneys collected to reflect
the time of participation, and percent of group self-insurer liabilities
for such time. Notwithstanding any such action by the chair, each member
of the group self-insurer shall remain jointly and severally responsible
for all liabilities provided by this chapter including but  not  limited
to   outstanding  and  estimated  future  liabilities  and  assessments.
FURTHER, SEPARATE AND APART FROM, AND IN ADDITION TO  A  MEMBER'S  JOINT
AND SEVERAL LIABILITY AND NOTWITHSTANDING ANY PAYMENTS MADE BY ANY OTHER
MEMBERS  OF THE GROUP SELF-INSURER PURSUANT TO THIS SUBPARAGRAPH, IN THE
EVENT THAT A MEMBER NEGLECTS OR FAILS TO PAY AN ASSESSMENT LEVIED PURSU-
ANT TO THIS SUBPARAGRAPH, THE MEMBER SHALL BE DEEMED IN DEFAULT  IN  THE
PAYMENT  OF  COMPENSATION.  SUCH  DEFAULTING  MEMBER  IS  SUBJECT TO THE
ENFORCEMENT PROVISIONS OF SECTION TWENTY-SIX OF  THIS  CHAPTER  FOR  THE
PAYMENT  OF  ALL COMPENSATION RELATIVE TO AWARDS DUE AND OWING ON CLAIMS
FILED BY THE EMPLOYEES OF SUCH MEMBER THAT HAVE NEITHER BEEN PAID BY THE
MEMBER OR THE  GROUP  SELF-INSURER.  Nothing  in  this  paragraph  shall
prevent the chair from offering payment plans or settling claims against
members of any group self-insurer as necessary to facilitate collection.
  (C)  UPON  THE  ASSUMPTION  OF  THE  ASSETS AND LIABILITIES OF A GROUP
SELF-INSURER BY THE CHAIR OR HIS OR HER DESIGNEE PURSUANT TO  REGULATION
OF  THE  CHAIR,  ALL  RECORDS,  DOCUMENTS  AND FILES OF WHATEVER NATURE,
PERTAINING TO THE GROUP SELF-INSURER, BE THEY IN THE POSSESSION  OF  THE
GROUP  SELF-INSURER  OR  A  THIRD PARTY, AND ALL REMAINING ASSETS OF THE
GROUP SELF-INSURER, SHALL BECOME THE PROPERTY OF THE CHAIR.  ALL  CUSTO-
DIANS  OF  SUCH RECORDS AND/OR FUNDS SHALL TURN OVER TO THE CHAIR OR HIS
DESIGNEE ALL SUCH ORIGINAL RECORDS UPON DEMAND.
  S 5. Subdivision 4 of section 50 of the workers' compensation  law  is
amended by adding a new paragraph e to read as follows:
  E.  IF  FOR  ANY  REASON  THE STATUS OF A COUNTY, CITY, VILLAGE, TOWN,
SCHOOL DISTRICT, FIRE DISTRICT OR OTHER POLITICAL SUBDIVISION  OF  STATE
IS  TERMINATED,  AT  THE  DISCRETION  OF  THE  CHAIR,  THE COUNTY, CITY,
VILLAGE, TOWN, SCHOOL DISTRICT, FIRE DISTRICT OR OTHER POLITICAL  SUBDI-
VISION  OF  STATE,  MAY  EXECUTE  AN ASSUMPTION OF WORKERS' COMPENSATION
LIABILITY INSURANCE POLICY SECURING SUCH FURTHER AND  FUTURE  CONTINGENT
LIABILITY AS MAY ARISE FROM PRIOR INJURIES TO WORKERS AND BE INCURRED BY
REASON  OF  ANY  CHANGE  IN THE CONDITION OF SUCH WORKERS WARRANTING THE
BOARD MAKING SUBSEQUENT AWARDS FOR PAYMENT OF  ADDITIONAL  COMPENSATION.
SUCH  POLICY SHALL BE IN A FORM APPROVED BY THE SUPERINTENDENT OF INSUR-
ANCE AND SHALL BE ISSUED BY THE STATE  FUND  OR  ANY  INSURANCE  COMPANY
LICENSED  TO ISSUE THIS CLASS OF POLICY IN THIS STATE. IN THE EVENT THAT
SUCH POLICY IS ISSUED BY AN INSURANCE COMPANY OTHER THAN THE STATE FUND,
THEN SAID POLICY SHALL BE DEEMED TO BE INSURANCE OF THE  KIND  SPECIFIED
IN  PARAGRAPH  FIFTEEN  OF  SUBSECTION  (A)  OF SECTION ONE THOUSAND ONE
HUNDRED THIRTEEN OF THE  INSURANCE  LAW  AND  COVERED  BY  THE  WORKERS'
COMPENSATION  SECURITY  FUND AS CREATED AND GOVERNED BY ARTICLE SIX-A OF
THIS CHAPTER. IT SHALL ONLY BE ISSUED  FOR  A  SINGLE  COMPLETE  PREMIUM
PAYMENT  IN ADVANCE BY THE COUNTY, CITY, VILLAGE, TOWN, SCHOOL DISTRICT,
FIRE DISTRICT OR OTHER POLITICAL SUBDIVISION OF STATE AND IN  AN  AMOUNT
DEEMED  ACCEPTABLE  BY THE CHAIR AND THE SUPERINTENDENT OF INSURANCE. IN
LIEU OF THE APPLICABLE PREMIUM CHARGE ORDINARILY REQUIRED TO BE  IMPOSED

S. 6606--B                         136                        A. 9706--C

BY  A CARRIER, SAID PREMIUM SHALL INCLUDE A SURCHARGE IN AN AMOUNT TO BE
DETERMINED BY THE CHAIR TO SATISFY  ALL  ASSESSMENT  LIABILITY  DUE  AND
OWING  TO  THE BOARD AND/OR THE CHAIR UNDER THIS CHAPTER. SAID SURCHARGE
SHALL  BE  PAYABLE  TO  THE  BOARD  SIMULTANEOUS TO THE EXECUTION OF THE
ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLICY. HOWEVER,
THE PAYMENT OF SAID SURCHARGE DOES NOT  RELIEVE  THE  CARRIER  FROM  ANY
OTHER  LIABILITY,  INCLUDING  LIABILITY  OWED  TO  THE SUPERINTENDENT OF
INSURANCE PURSUANT TO ARTICLE SIX-A OF THIS CHAPTER.  WHEN  ISSUED  SUCH
POLICY  SHALL  BE  NON-CANCELLABLE WITHOUT RECOURSE FOR ANY CAUSE DURING
THE CONTINUANCE OF THE LIABILITY SECURED AND SO COVERED.
  S 6. Section 73 of the workers' compensation law, as added by  chapter
849 of the laws of 1955, is amended to read as follows:
  S 73. Abandonment of plan. The board of supervisors of a county may by
local  law  provide  for  the abandonment of a plan, effective as of the
close of the calendar year then in progress. Such plan,  however,  shall
continue  to  operate  thereafter  until  all  liabilities  of  the plan
incurred prior to such effective date shall have been satisfied and  all
advances  to the county self-insurance fund shall have been repaid. Such
local law shall provide a method for the distribution of any  assets  of
the  plan  remaining after all such liabilities have been satisfied. The
provisions of this section shall not apply to any plan abandoned  pursu-
ant  to  section  sixty-one  of this chapter.   AT THE DISCRETION OF THE
CHAIR, THE BOARD OF SUPERVISORS OF A COUNTY MAY EXECUTE AN ASSUMPTION OF
WORKERS' COMPENSATION LIABILITY INSURANCE POLICY SECURING  SUCH  FURTHER
AND  FUTURE  CONTINGENT  LIABILITY  AS  MAY ARISE FROM PRIOR INJURIES TO
WORKERS AND BE INCURRED BY REASON OF ANY CHANGE IN THE CONDITION OF SUCH
WORKERS WARRANTING THE BOARD MAKING SUBSEQUENT  AWARDS  FOR  PAYMENT  OF
ADDITIONAL  COMPENSATION. SUCH POLICY SHALL BE IN A FORM APPROVED BY THE
SUPERINTENDENT OF INSURANCE AND SHALL BE ISSUED BY THE STATE FUND OR ANY
INSURANCE COMPANY LICENSED TO ISSUE THIS  CLASS  OF  INSURANCE  IN  THIS
STATE.  IN  THE EVENT THAT SUCH POLICY IS ISSUED BY AN INSURANCE COMPANY
OTHER THAN THE STATE FUND, THEN SAID POLICY SHALL BE DEEMED TO BE OF THE
KIND SPECIFIED IN PARAGRAPH FIFTEEN OF SUBSECTION  (A)  OF  SECTION  ONE
THOUSAND  ONE  HUNDRED  THIRTEEN OF THE INSURANCE LAW AND COVERED BY THE
WORKERS' COMPENSATION SECURITY FUND AS CREATED AND GOVERNED  BY  ARTICLE
SIX-A  OF  THIS  CHAPTER.  IT SHALL ONLY BE ISSUED FOR A SINGLE COMPLETE
PREMIUM PAYMENT IN ADVANCE BY THE COUNTY, CITY,  VILLAGE,  TOWN,  SCHOOL
DISTRICT,  FIRE  DISTRICT OR OTHER POLITICAL SUBDIVISION OF STATE AND IN
AN AMOUNT DEEMED ACCEPTABLE BY  THE  CHAIR  AND  THE  SUPERINTENDENT  OF
INSURANCE.  IN LIEU OF THE APPLICABLE PREMIUM CHARGE ORDINARILY REQUIRED
TO BE IMPOSED BY A CARRIER, SAID PREMIUM SHALL INCLUDE A SURCHARGE IN AN
AMOUNT TO BE DETERMINED BY THE CHAIR TO SATISFY ALL ASSESSMENT LIABILITY
DUE AND OWING TO THE BOARD AND/OR THE CHAIR  UNDER  THIS  CHAPTER.  SAID
SURCHARGE SHALL BE PAYABLE TO THE BOARD SIMULTANEOUS TO THE EXECUTION OF
THE  ASSUMPTION  OF  WORKERS'  COMPENSATION  LIABILITY INSURANCE POLICY.
HOWEVER, THE PAYMENT OF SAID SURCHARGE DOES NOT RELIEVE THE CARRIER FROM
ANY OTHER LIABILITY, INCLUDING LIABILITY OWED TO THE  SUPERINTENDENT  OF
INSURANCE  PURSUANT  TO  ARTICLE SIX-A OF THIS CHAPTER. WHEN ISSUED SUCH
POLICY SHALL BE NON-CANCELLABLE WITHOUT RECOURSE FOR  ANY  CAUSE  DURING
THE CONTINUANCE OF THE LIABILITY SECURED AND SO COVERED.
  S  7. The eighth undesignated paragraph of section 106 of the workers'
compensation law, as amended by chapter 598 of  the  laws  of  2000,  is
amended to read as follows:
  "Carrier"  means a stock or mutual corporation or a reciprocal insurer
or a nonprofit property/casualty insurance company, if such  corporation
or  insurer  is  authorized to transact the business of workers' compen-

S. 6606--B                         137                        A. 9706--C

sation insurance in this state, INCLUDING BUT NOT LIMITED TO  THE  ISSU-
ANCE OF AN ASSUMPTION OF WORKERS' COMPENSATION LIABILITY INSURANCE POLI-
CY,  but  not  including  any  such  corporation  or  insurer  which  is
insolvent.
  S 8. This act shall take effect immediately.

                                 PART S

  Section  1.  The  division of the budget and office of the state comp-
troller may dedicate such officers and employees as may be needed  to  a
joint  project,  which  shall  be  known  as  the state financial system
project, and which shall be responsible for the development, implementa-
tion and maintenance of a single, statewide financial management  system
for  use  by the state comptroller and all agencies. The division of the
budget and the office of the state comptroller shall  serve  jointly  as
the  appointing  authority  for all titles within the project, and shall
jointly appoint a project manager therefor. For purposes of  appointment
and  promotion  under  the civil service law, the state financial system
project shall be treated as if it were a single department.
  S 2. This act shall take effect immediately.

                                 PART T

  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

S. 6606--B                         138                        A. 9706--C

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
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.
  (A) ALTERNATIVELY, THE PRESIDENT 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.
  (B) IN THE EVENT THE  PRESIDENT  ELECTS  TO  PROVIDE  HEALTH  BENEFITS
DIRECTLY  TO  PLAN PARTICIPANTS IN ACCORDANCE WITH PARAGRAPH (A) OF THIS
SUBDIVISION:
  (I) ANY AND ALL HEALTH INSURANCE COVERAGE MANDATED BY ANY LAW, RULE OR
REGULATION, INCLUDING BUT NOT LIMITED TO COVERAGE MANDATED  PURSUANT  TO
ARTICLE  FORTY-THREE  OF  THE INSURANCE LAW, APPLICABLE TO CONTRACTS FOR
HEALTH INSURANCE ENTERED INTO UNDER THIS SECTION SHALL BE PROVIDED IN  A
MANNER  ASSURING  UNINTERRUPTED  CONTINUANCE OF COVERAGE FOR ALL COVERED
PERSONS. FOR THE PURPOSES OF THIS PARAGRAPH "COVERAGE" SHALL INCLUDE BUT
SHALL NOT BE LIMITED TO ALL BENEFITS, SERVICES, RIGHTS,  PRIVILEGES  AND
GUARANTEES ALLOWED BY LAW;
  (II)  PLAN  PARTICIPANTS  SHALL  BE AFFORDED ALL INTERNAL AND EXTERNAL
REVIEW AND APPEAL RIGHTS AS  DESCRIBED  IN  ARTICLE  FORTY-NINE  OF  THE
INSURANCE LAW;
  (III)  A  PLAN  PARTICIPANT  RECEIVING  COVERED SERVICES RENDERED BY A
HEALTH CARE PROVIDER PRIOR TO THE DATE UPON WHICH THE  PRESIDENT  ELECTS
TO  PROVIDE  HEALTH BENEFITS DIRECTLY TO PLAN PARTICIPANTS IN ACCORDANCE
WITH PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE  PERMITTED  TO  CONTINUE
RECEIVING  SERVICES  FROM  SUCH HEALTH CARE PROVIDER AFTER THE EFFECTIVE
DATE OF THE  ELECTION  AT  THE  DISCRETION  OF  SUCH  PLAN  PARTICIPANT.
SERVICES  PROVIDED BY SUCH HEALTH CARE PROVIDER AFTER THE EFFECTIVE DATE
OF THE ELECTION AS DESCRIBED IN THIS PARAGRAPH SHALL  BE  COVERED  IN  A

S. 6606--B                         139                        A. 9706--C

MANNER  CONSISTENT  WITH  COVERED  SERVICES  PROVIDED  DIRECTLY  TO PLAN
PARTICIPANTS IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION; AND
  (IV)  NOTWITHSTANDING  THE  PROVISIONS OF THIS SUBDIVISION, THE PRESI-
DENT'S ELECTION TO PROVIDE HEALTH BENEFITS DIRECTLY TO PLAN PARTICIPANTS
SHALL NOT CONSTITUTE THE DOING OF INSURANCE BUSINESS WITHIN THE  MEANING
OF  ARTICLE ELEVEN OF THE INSURANCE LAW; PROVIDED HOWEVER, THE PROVISION
OF DIRECT BENEFITS AS PER THIS SUBDIVISION SHALL BE SUBJECT TO REVIEW BY
THE SUPERINTENDENT OF INSURANCE FOR THE PURPOSES OF ENSURING  COMPLIANCE
WITH APPLICABLE INSURANCE LAW AND ANY AND ALL ASSOCIATED INSURANCE RULES
AND REGULATIONS AS NOTED IN THIS SUBDIVISION.
  (C)  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 71 of the laws of 2010, 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, including active members of volunteer fire  and  volunteer
ambulance  companies serving one or more municipal corporations pursuant
to subdivision seven of section ninety-two-a of  the  general  municipal
law,  and  their  spouses and dependent children as defined by the regu-
lations 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

S. 6606--B                         140                        A. 9706--C

plan  in  such  amounts and at such times as determined and fixed by the
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  partic-
ipant 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] SUPPLEMENTARY PLAN. 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-insurance liability or to the benefits provided by the
statewide health [insurance] BENEFIT plan purchased pursuant to  section
one hundred sixty-two of this article.

S. 6606--B                         141                        A. 9706--C

  2.  The  president  may require the insurer of a supplementary plan to
the statewide health [insurance] BENEFIT plan, provided as a result of 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. 6606--B                         142                        A. 9706--C

  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 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.

S. 6606--B                         143                        A. 9706--C

  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
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, 5 and 6 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, subdivision 5 as amended by chapter 617 of the laws
of 1967, and subdivision 6 as amended by section 2 of part C of  chapter
56 of the laws of 2006, 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-

S. 6606--B                         144                        A. 9706--C

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
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-

S. 6606--B                         145                        A. 9706--C

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
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.
  6.  There  is  hereby  created  a health insurance fund which shall be
available without fiscal year limitation  for  premium  or  subscription
charge  payments,  FOR  PAYMENT OF HEALTH BENEFITS TO PLAN PARTICIPANTS,
AND  FOR  ADMINISTRATIVE  SERVICES  under  any  contract  or   contracts
purchased  in  accordance  with  this article. The amounts withheld from
employees and retired employees under subdivision three of this section,
all amounts appropriated by the state to such health insurance fund, and
all amounts contributed by any participating employer pursuant to subdi-
vision two of this section, shall be credited to such  health  insurance
fund. The income derived from any dividends, premium rate adjustments or
other  refunds under any such contract or contracts shall be credited to
such fund and retained therein as a special reserve for adverse  fluctu-
ation in future charges under any such contract or contracts. Any inter-
est  earned  by  the  investment of moneys in such health insurance fund
shall be added to such special reserve, become a part  of  such  special
reserve, and be used for the purpose of such special reserve.
  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-

S. 6606--B                         146                        A. 9706--C

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
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

S. 6606--B                         147                        A. 9706--C

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
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-

S. 6606--B                         148                        A. 9706--C

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
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

S. 6606--B                         149                        A. 9706--C

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 such article 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
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,  are  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  OR  THE  PLAN  ADMINISTRATOR OR ADMINISTRATORS 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

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the appropriate share of moneys remitted by such health insurance carri-
ers 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 carri-
ers  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 pursu-
ant 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 comptroller.
  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-
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.  Subsection (b) of section 1101 of the insurance law is amended
by adding a new subparagraph 6 to read as follows:
  (6) NOTWITHSTANDING THE FOREGOING, THE ELECTION BY  THE  PRESIDENT  OF
THE  CIVIL SERVICE COMMISSION TO PROVIDE HEALTH BENEFITS DIRECTLY TO NEW
YORK STATE HEALTH BENEFIT PLAN PARTICIPANTS  SHALL  NOT  CONSTITUTE  THE
DOING  OF INSURANCE BUSINESS WITHIN THE MEANING OF ARTICLE ELEVEN OF THE
INSURANCE LAW.
  S 19. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2010.

                                 PART U

  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-

S. 6606--B                         151                        A. 9706--C

UTIONS TO THE HEALTH INSURANCE FUND SHALL BE ADJUSTED  AS  NECESSARY  TO
COVER  THE COST OF REIMBURSING FEDERAL OLD-AGE, SURVIVORS AND DISABILITY
INSURANCE PROGRAM PREMIUM CHARGES UNDER THIS SECTION.   THIS COST  SHALL
BE  INCLUDED  IN  THE CALCULATION OF PREMIUM OR SUBSCRIPTION CHARGES FOR
HEALTH COVERAGE PROVIDED TO STATE EMPLOYEES AND RETIRED STATE EMPLOYEES;
PROVIDED, HOWEVER, THE STATE SHALL REMAIN OBLIGATED TO PAY NO LESS  THAN
ITS SHARE OF SUCH INCREASED COST CONSISTENT WITH ITS SHARE OF PREMIUM OR
SUBSCRIPTION  CHARGES  PROVIDED FOR BY THIS ARTICLE.  ALL OTHER EMPLOYER
contributions to the health insurance fund shall be adjusted  as  neces-
sary 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 April 1, 2010.

                                 PART V

  Intentionally omitted.

                                 PART W

  Section 1. (a) The purpose of this act is to provide  for  an  orderly
transfer  of  responsibilities  relating  to  real property tax adminis-
tration to the commissioner of taxation and finance and  the  department
of  taxation and finance, from the state board of real property services
and the state office of real property services.
  (b) Wherever the terms "state board of real property services," "state
board" or "state office of real property services" appear  in  the  real
property  tax  law,  such  terms  are  hereby changed to "commissioner",
provided that in sections 204, 206, 208, 614, 816, 818, 1253 and 1263 of
the real property tax law, such terms shall be changed to  "state  board
of  real  property  tax services," and provided further that the text of
sections 200, 202, 216, 489-o, 489-11, 1210 and 1218 of the real proper-
ty tax law shall be changed only as provided by the  ensuing  provisions
of  this  act, and provided further that the provisions of this subdivi-
sion shall not apply to the text of sections 200-a, 201 and 203  of  the
real property tax law as added by sections five and seven of this act.
  (c) Wherever the terms "state board of real property services," "state
board"  or  "state  office  of real property services" appear in the tax
law, such terms are hereby changed to "commissioner",  provided  further
that  the text of subdivision (e) of section 15, paragraph 5 of subdivi-
sion (b) of section 22, subdivision 25th of  section  171  and  sections
171-o,  697, and 1564 of the tax law shall only be changed to the extent
provided by the ensuing provisions of this act.
  (d) Wherever the term "state  board  of  real  property  services"  or
"state  office of real property services" appears in the consolidated or
unconsolidated laws of this state other than the real property  tax  law
or the tax law, such term is hereby changed to "commissioner of taxation
and finance".  Wherever the term "state board of real property services"
is  followed  by  the term "state board" in such a statute, such term is
hereby changed to "commissioner".
  (e) The legislative bill drafting commission  is  hereby  directed  to
effectuate  this  provision,  and  shall  be  guided  by a memorandum of
instruction setting forth the specific provisions of law to be  amended.
Such  memorandum  shall  be transmitted to the legislative bill drafting
commission within sixty days of enactment of this provision. Such  memo-
randum  shall be issued jointly by the governor, the temporary president

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of the senate, and the speaker of the assembly, or by  the  delegate  of
each.
  S  2.  Paragraph  (c) of subdivision 1 of section 169 of the executive
law, as amended by chapter 634 of the laws of 1998, is amended  to  read
as follows:
  (c)  commissioner of agriculture and markets, commissioner of alcohol-
ism and substance abuse services,  adjutant  general,  commissioner  and
president  of  state  civil service commission, commissioner of economic
development, chair of the energy  research  and  development  authority,
[executive  director  of the board of real property services,] president
of higher education services corporation, commissioner  of  motor  vehi-
cles, member-chair of board of parole, director of probation and correc-
tional  alternatives, chair of public employment relations board, secre-
tary  of  state,  chair  of  the  state  racing  and   wagering   board,
commissioner  of  alcoholism  and  substance  abuse  services, executive
director of the housing finance  agency,  commissioner  of  housing  and
community  renewal,  executive director of state insurance fund, commis-
sioner-chair of state liquor authority, chair of  the  workers'  compen-
sation board;
  S  3.  Subdivision  18 of section 102 of the real property tax law, as
amended by chapter 385 of the laws of  1994,  is  amended  and  two  new
subdivisions 5-a and 9-b are added to read as follows:
  18.  "State  board"  or "board" means the state board of real property
TAX services.
  5-A. "COMMISSIONER" MEANS THE COMMISSIONER OF TAXATION AND FINANCE.
  9-B. "DEPARTMENT" MEANS THE DEPARTMENT OF TAXATION AND FINANCE.
  S 4. Sections 201, 210, 212 and 214 of the real property tax  law  are
REPEALED.
  S 4-a. Section 200 of the real property tax law, as amended by chapter
403 of the laws of 1997, is amended to read as follows:
  S  200.  State  board.    There  is  hereby created in the [executive]
department OF TAXATION AND FINANCE  a  SEPARATE  AND  INDEPENDENT  state
board  of  real  property TAX services, to consist of five members to be
appointed by the governor, by and with the advice  and  consent  of  the
senate. Of those five members appointed by the governor, one such person
shall be an individual actively engaged in the commercial production for
sale of agricultural crops, livestock and livestock products of an aver-
age  gross  sales value of ten thousand dollars or more. Said individual
shall be appointed in the first instance to a term of eight  years  upon
expiration  of an existing term. Said initial term shall commence on the
first day of January next succeeding the year in which the existing term
shall expire. The governor shall designate one of  the  members  as  the
chairman  of  the  board, who shall serve as chairman at the pleasure of
the governor.  The members of the board shall be appointed for terms  of
eight  years,  commencing on the first day of January next following the
year in which the term of his predecessor expired, except that the terms
of the members first appointed shall expire as follows:  one on December
thirty-first, nineteen hundred sixty-one, one on December  thirty-first,
nineteen  hundred  sixty-three,  one  on December thirty-first, nineteen
hundred sixty-five,  one  on  December  thirty-first,  nineteen  hundred
sixty-seven,  and one on December thirty-first, nineteen hundred eighty-
two.  Vacancies occurring otherwise than by expiration of term shall  be
filled  for  the  unexpired  term.   All members shall receive necessary
expenses incurred in the performance of their duties.
  S 5. The real property tax law is amended by adding a new section  201
to read as follows:

S. 6606--B                         153                        A. 9706--C

  S  201.  ASSUMPTION  OF RESPONSIBILITIES BY THE DEPARTMENT OF TAXATION
AND FINANCE. 1. ON AND AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,  THE
FUNCTIONS,  POWERS  AND  DUTIES  OF  THE  STATE  BOARD  OF REAL PROPERTY
SERVICES AS FORMERLY ESTABLISHED BY THIS  CHAPTER  SHALL  BE  CONSIDERED
FUNCTIONS,  POWERS  AND  DUTIES  OF  THE  COMMISSIONER  OF  TAXATION AND
FINANCE, EXCEPT TO THE EXTENT PROVIDED BY SECTION TWO HUNDRED-A OF  THIS
ARTICLE.
  2.  ON  AND  AFTER  THE EFFECTIVE DATE OF THIS SECTION, THE FUNCTIONS,
POWERS AND DUTIES OF THE OFFICE OF REAL PROPERTY  SERVICES  AS  FORMERLY
ESTABLISHED  BY  THIS  CHAPTER SHALL BE CONSIDERED FUNCTIONS, POWERS AND
DUTIES OF THE COMMISSIONER OF TAXATION AND FINANCE.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION  TO
THE  CONTRARY,  UPON  THE  TRANSFER OF FUNCTIONS FROM THE OFFICE OF REAL
PROPERTY SERVICES TO THE DEPARTMENT OF TAXATION AND FINANCE PURSUANT  TO
THIS  SECTION,  ALL  EMPLOYEES  OF  THE OFFICE OF REAL PROPERTY SERVICES
SUBSTANTIALLY ENGAGED IN THE PERFORMANCE OF  THE  TRANSFERRED  FUNCTIONS
SHALL  BE TRANSFERRED TO THE DEPARTMENT OF TAXATION AND FINANCE. EMPLOY-
EES TRANSFERRED PURSUANT TO THIS SECTION SHALL  BE  TRANSFERRED  WITHOUT
FURTHER  EXAMINATION  OR QUALIFICATION AND SHALL RETAIN THEIR RESPECTIVE
CIVIL SERVICE CLASSIFICATIONS, STATUS  AND  COLLECTIVE  BARGAINING  UNIT
DESIGNATIONS AND COLLECTIVE BARGAINING AGREEMENTS.
  4.  ALL  BOOKS,  PAPERS,  AND  PROPERTY OF THE OFFICE OF REAL PROPERTY
SERVICES SHALL BE DELIVERED TO THE COMMISSIONER. ALL BOOKS, PAPERS,  AND
PROPERTY  OF  THE  OFFICE OF REAL PROPERTY SERVICES SHALL CONTINUE TO BE
MAINTAINED BY THE DEPARTMENT.
  5. FOR THE PURPOSE OF SUCCESSION OF ALL FUNCTIONS, POWERS, DUTIES  AND
OBLIGATIONS TRANSFERRED AND ASSIGNED TO, DEVOLVED UPON AND ASSUMED BY IT
PURSUANT  TO  THIS  SECTION,  THE DEPARTMENT SHALL BE DEEMED AND HELD TO
CONSTITUTE THE CONTINUATION OF THE OFFICE OF REAL PROPERTY SERVICES.
  6. ANY BUSINESS OR OTHER MATTER UNDERTAKEN OR COMMENCED BY  THE  STATE
BOARD OF REAL PROPERTY SERVICES, THE OFFICE OF REAL PROPERTY SERVICES OR
THE EXECUTIVE DIRECTOR THEREOF PERTAINING TO OR CONNECTED WITH THE FUNC-
TIONS, POWERS, OBLIGATIONS AND DUTIES HEREBY TRANSFERRED AND ASSIGNED TO
THE  COMMISSIONER OR THE DEPARTMENT AND PENDING ON THE EFFECTIVE DATE OF
THIS SECTION, MAY BE CONDUCTED AND COMPLETED BY THE COMMISSIONER OR  THE
DEPARTMENT  IN  THE  SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS
AND WITH THE SAME EFFECT AS IF CONDUCTED  AND  COMPLETED  BY  THE  STATE
BOARD OF REAL PROPERTY SERVICES, THE OFFICE OF REAL PROPERTY SERVICES OR
ITS EXECUTIVE DIRECTOR.
  7. (A) ALL RULES, REGULATIONS, ACTS, ORDERS, DETERMINATIONS, AND DECI-
SIONS OF THE STATE BOARD OF REAL PROPERTY SERVICES OR THE OFFICE OF REAL
PROPERTY SERVICES, IN FORCE AT THE TIME OF SUCH TRANSFER AND ASSUMPTION,
SHALL  CONTINUE  IN  FULL  FORCE AND EFFECT AS RULES, REGULATIONS, ACTS,
ORDERS, DETERMINATIONS AND DECISIONS OF THE DEPARTMENT UNTIL DULY  MODI-
FIED OR ABROGATED BY THE COMMISSIONER OR THE DEPARTMENT.
  (B) ALL ACTS, ORDERS, DETERMINATIONS, AND DECISIONS OF THE STATE BOARD
OF  REAL  PROPERTY  SERVICES  PERTAINING  TO  THE  FUNCTIONS  AND POWERS
PROVIDED IN SECTION TWO HUNDRED-A OF THIS ARTICLE SHALL CONTINUE IN FULL
FORCE AND EFFECT AS ACTS, ORDERS, DETERMINATIONS AND  DECISIONS  OF  THE
STATE BOARD OF REAL PROPERTY TAX SERVICES.
  8.  WHENEVER  THE STATE BOARD OF REAL PROPERTY SERVICES, THE OFFICE OF
REAL PROPERTY SERVICES OR ITS  EXECUTIVE  DIRECTOR  IS  REFERRED  TO  OR
DESIGNATED IN ANY LAW, CONTRACT OR DOCUMENT PERTAINING TO THE FUNCTIONS,
POWERS, OBLIGATIONS AND DUTIES HEREBY TRANSFERRED TO AND ASSIGNED TO THE
COMMISSIONER  OR  THE DEPARTMENT, SUCH REFERENCE OR DESIGNATION SHALL BE

S. 6606--B                         154                        A. 9706--C

DEEMED TO REFER TO THE COMMISSIONER  OR  DEPARTMENT,  AS  APPLICABLE  OR
INDICATED BY THE CONTEXT.
  9.  NO  EXISTING  RIGHT  OR  REMEDY  OF  ANY  CHARACTER SHALL BE LOST,
IMPAIRED OR AFFECTED BY ANY PROVISIONS OF THIS SECTION.
  10. NO ACTION OR PROCEEDING PENDING ON THE   EFFECTIVE  DATE  OF  THIS
SECTION,  BROUGHT  BY  OR  AGAINST  THE  STATE  BOARD  OF  REAL PROPERTY
SERVICES, THE OFFICE OF REAL PROPERTY SERVICES OR ITS EXECUTIVE DIRECTOR
SHALL BE AFFECTED BY ANY PROVISION OF THIS SECTION, BUT THE SAME MAY  BE
PROSECUTED  OR  DEFENDED  IN THE NAME OF THE COMMISSIONER OR THE DEPART-
MENT. IN ALL SUCH ACTIONS AND PROCEEDINGS, THE COMMISSIONER, UPON APPLI-
CATION OF THE COURT, SHALL BE SUBSTITUTED AS A PARTY.
  11. ALL APPROPRIATIONS OR REAPPROPRIATIONS MADE TO THE OFFICE OF  REAL
PROPERTY  SERVICES TO THE EXTENT OF REMAINING UNEXPENDED OR UNENCUMBERED
BALANCE THEREOF, WHETHER ALLOCATED OR UNALLOCATED AND WHETHER  OBLIGATED
OR UNOBLIGATED, ARE HEREBY TRANSFERRED TO AND MADE AVAILABLE FOR USE AND
EXPENDITURE BY THE DEPARTMENT SUBJECT TO THE APPROVAL OF THE DIRECTOR OF
THE  BUDGET  FOR  THE SAME PURPOSES FOR WHICH ORIGINALLY APPROPRIATED OR
REAPPROPRIATED AND SHALL BE PAYABLE ON VOUCHERS CERTIFIED OR APPROVED BY
THE COMMISSIONER ON AUDIT AND WARRANT OF THE COMPTROLLER.
  12. ALL ASSETS AND LIABILITIES OF THE OFFICE OF REAL PROPERTY SERVICES
ARE HEREBY TRANSFERRED TO AND ASSUMED BY THE DEPARTMENT.
  S 6. Section 202 of the real property tax law, paragraph (c) of subdi-
vision 1 as amended by chapter 615 of the laws of 1972, paragraph (h) of
subdivision 1 as amended by chapter 261 of the laws of  1992,  paragraph
(k) of subdivision 1 as amended, paragraph (m) of subdivision 1 as added
and  paragraph  (n) of subdivision 1 as relettered by chapter 833 of the
laws of 1960, paragraph (o) of subdivision 1 as added by chapter 716  of
the laws of 1990, paragraph (p) of subdivision 1 as added by chapter 166
of  the laws of 1991, paragraph (q) of subdivision 1 as added by chapter
450 of the laws of 2004, subdivision 1-a as added by chapter 739 of  the
laws  of  1978,  subdivision  1-b as added by chapter 237 of the laws of
1995, subdivision 2 as added by chapter 522 of the  laws  of  1981,  the
opening paragraph of subdivision 2 as amended by chapter 385 of the laws
of 1994, and paragraph (a) of subdivision 2 as amended by chapter 776 of
the laws of 1988, is amended to read as follows:
  S 202. Powers and duties of [state board] THE COMMISSIONER IN RELATION
TO REAL PROPERTY TAX ADMINISTRATION.  1. The [board] COMMISSIONER shall:
  (a) Assess special franchises;
  (b) Establish state equalization rates for each county, city, town and
village;
  [(c)  Hear  and  determine  reviews relating to determinations made by
county equalization agencies;
  (d)] (C) Approve assessments of state lands subject to taxation;
  [(e)] (D) Have  general  supervision  of  the  function  of  assessing
throughout the state;
  [(f)]  (E)  Investigate,  from time to time, the methods of assessment
throughout the state, and confer with, advise and assist  assessors  and
other officials whose duties relate to assessments;
  [(g)]  (F) Furnish assessors with such information and instructions as
may be necessary or proper to aid  them  in  making  assessments,  which
instructions shall be followed and compliance with which may be enforced
by [the board] HIM OR HER;
  [(h)]  (G)  Prescribe,  and  in [its] HIS OR HER discretion furnish to
assessors at the expense of the state, forms  relating  to  assessments,
including  applications for exemption from real property taxation, which
forms shall be used by the assessors and  applicants  for  an  exemption

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granted  pursuant  to  this  or  any other chapter, and the use of which
shall be enforced by the [board] COMMISSIONER;
  [(i)]  (H) Obtain from state and local officers, bodies or other agen-
cies such information as may be necessary for the  proper  discharge  of
[its]  THE duties CONFERRED UPON HIM OR HER IN RELATION TO REAL PROPERTY
TAX ADMINISTRATION, which information shall be furnished on HIS  OR  HER
demand [of the state board];
  [(j)]  (I) Inquire into the provisions of the laws of other states and
confer with the appropriate officials thereof regarding the most  effec-
tual and equitable methods of assessing and taxing real property;
  [(k)]  (J)  Prepare  an  annual  report to the legislature which shall
include therein recommendations concerning amendments  to  existing  law
and such other information as [it] HE OR SHE may deem advisable;
  [(l)] (K) Adopt and amend such rules, regulations, orders and determi-
nations, not inconsistent with law, as may be necessary for the exercise
of  [its]  HIS  OR  HER  powers  and the performance of [its] HIS OR HER
duties under this chapter;
  [(m)] (L) Establish railroad ceilings for railroad real property;
  [(n)] (M) Exercise and perform such other powers and duties as may  be
conferred or imposed on [it] HIM OR HER by law.
  [(o) monitor] (N) MONITOR the quality of local assessment practices by
individual assessing units.
  [(p)  impose,] (O) IMPOSE, collect and receive such charges or fees as
may be authorized by statute.
  [(q)] (P) Promulgate rules and regulations for the  ascertainment  and
reporting  of  "assessment record billing owner" information, as defined
in section one hundred three of the eminent domain  procedure  law,  for
the purposes of the administration of [said] SUCH law.
  [1-a]  2.   In any instance where an assessing unit has acted pursuant
to the rules, regulations, orders, determinations or instructions of the
[state board] COMMISSIONER ACTING PURSUANT TO  THE  AUTHORITY  CONFERRED
UPON  HIM  OR  HER  BY THIS CHAPTER, and such action is the subject of a
judicial review, the [state board] COMMISSIONER may upon request of  the
assessing  unit  assist  such  assessing  unit  by the filing of a brief
amicus curiae or through such other means as may be appropriate.
  [1-b] 3.  The [state board] COMMISSIONER may  adopt  rules  and  regu-
lations,  as  necessary,  to implement the computerized statewide school
district address match and  income  verification  system  set  forth  in
section one hundred seventy-one of the tax law.
  [2.  The  members  of the board, or a majority thereof, shall act as a
body when determining reviews relating to county equalization rates  and
adopting  and  amending rules, regulations and orders in accordance with
law. The board may by resolution delegate to any officer or employee  of
the office of real property services any other power or duty to be exer-
cised  or performed by it under this chapter or any other law subject to
the following:
  (a) Any resolution which delegates powers and duties relating  to  the
assessment  of  special franchises, the approval of assessments of state
lands subject to taxation, and the establishment of  state  equalization
rates  pursuant to article twelve of this chapter shall be adopted annu-
ally. Any such resolution shall specify the assessment rolls  for  which
said  delegation  is  made  and  shall set forth the full value standard
which shall be used. However, no such resolution may delegate the  power
to  make a final determination in a matter in which a complaint has been
filed pursuant to articles six and twelve  of  this  chapter;  provided,
however,  that  the power to adjust a final special franchise assessment

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which is affected by a special equalization rate established pursuant to
section twelve hundred twenty-two  of  this  chapter  may  be  delegated
whether  or  not  a  complaint has been filed pursuant to article six of
this  chapter. The executive director shall report to the members of the
board all actions taken pursuant to any such resolution within ten  days
of  taking said actions. Within ten days of receipt of the report of the
executive director, if any member of the board has an objection, a meet-
ing of the board shall be convened for the purpose  of  considering  the
objection.  Failure  to  make  a  report  shall not, however, affect the
legality of any such actions.
  (b) Any resolution which delegates powers and duties relating  to  the
establishment  of  special state equalization rates pursuant to sections
eight hundred six and thirteen hundred  fourteen  of  this  chapter  and
special  equalization  ratios pursuant to articles twelve-A and twelve-B
of this chapter and certifications of changes in the level of assessment
pursuant to this chapter or any other law shall prescribe  the  policies
or  criteria to be observed in the exercise of such powers and duties by
the officer or employee to whom they are  delegated.  However,  no  such
resolution  may  delegate  the  power to make a final determination in a
matter in which a complaint has been filed pursuant to articles twelve-A
and twelve-B of this chapter.]
  4. ANY RECORDS THAT COME INTO THE COMMISSIONER'S CUSTODY IN THE COURSE
OF DISCHARGING THE DUTIES IMPOSED UPON HIM OR HER BY THIS CHAPTER  SHALL
BE  SUBJECT TO PUBLIC ACCESS TO THE FULL EXTENT PROVIDED BY THIS CHAPTER
AND THE PUBLIC OFFICERS LAW, AND SHALL NOT BE  SUBJECT  TO  THE  SECRECY
PROVISIONS OF THE TAX LAW.
  S  7.  The real property tax law is amended by adding two new sections
200-a and 203 to read as follows:
  S 200-A. POWERS OF THE STATE BOARD OF REAL PROPERTY TAX  SERVICES.  1.
THE  POWERS,  FUNCTIONS,  DUTIES,  AND OBLIGATIONS OF THE STATE BOARD OF
REAL PROPERTY TAX SERVICES SHALL BE SEPARATE FROM AND INDEPENDENT OF THE
AUTHORITY OF THE DEPARTMENT OF TAXATION AND FINANCE. SUCH BOARD SHALL BE
EMPOWERED TO ADOPT SUCH GUIDELINES AS MAY BE NECESSARY FOR THE EFFECTIVE
MANAGEMENT OF ITS DECISION-MAKING PROCESS.
  2. THE STATE BOARD OF  REAL  PROPERTY  TAX  SERVICES  SHALL  HAVE  THE
FOLLOWING POWERS IN RELATION TO REAL PROPERTY TAX ADMINISTRATION:
  (A)  THE POWER TO DETERMINE THE FINAL SPECIAL FRANCHISE VALUE, SPECIAL
FRANCHISE ASSESSMENT, RAILROAD CEILING, STATE EQUALIZATION RATE  OR  ANY
OTHER  EQUALIZATION  PRODUCT  ESTABLISHED  PURSUANT  TO THIS CHAPTER FOR
WHICH A COMPLAINT HAS BEEN FILED, AS PROVIDED BY SECTIONS  FOUR  HUNDRED
EIGHTY-NINE-O, FOUR HUNDRED EIGHTY-NINE-LL, SIX HUNDRED FOURTEEN, TWELVE
HUNDRED  TEN, TWELVE HUNDRED FIFTY-THREE, AND TWELVE HUNDRED SIXTY-THREE
OF THIS CHAPTER;
  (B) THE POWER TO HEAR AND DETERMINE REVIEWS RELATING TO DETERMINATIONS
MADE BY COUNTY EQUALIZATION AGENCIES,  AS  PROVIDED  BY  SECTIONS  EIGHT
HUNDRED SIXTEEN AND EIGHT HUNDRED EIGHTEEN OF THIS CHAPTER.
  3.  THE PROVISIONS OF SECTION FIVE HUNDRED TWENTY-FIVE OF THIS CHAPTER
SHALL APPLY SO FAR AS PRACTICABLE TO A HEARING CONDUCTED BY THE BOARD OF
REAL PROPERTY TAX SERVICES PURSUANT TO THIS CHAPTER.
  S 203. OFFICE OF REAL PROPERTY TAX SERVICES. THERE IS  HEREBY  CREATED
WITHIN THE DEPARTMENT OF TAXATION AND FINANCE AN OFFICE OF REAL PROPERTY
TAX  SERVICES. THE HEAD OF THE OFFICE SHALL BE A DEPUTY COMMISSIONER FOR
REAL PROPERTY TAX SERVICES, WHO SHALL ALSO BE THE EXECUTIVE OFFICER  FOR
AND  SECRETARY  OF  THE  STATE BOARD OF REAL PROPERTY TAX SERVICES.  THE
DEPUTY COMMISSIONER FOR REAL PROPERTY TAX SERVICES SHALL BE APPOINTED BY
THE GOVERNOR. HE OR  SHE  SHALL  EXERCISE  SUCH  POWERS  AND  DUTIES  IN

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RELATION  TO REAL PROPERTY TAX ADMINISTRATION AS MAY BE DELEGATED TO HIM
OR HER BY THE COMMISSIONER, SHALL REPORT DIRECTLY TO THE COMMISSIONER ON
THE ACTIVITIES OF THE OFFICE, AND SHALL HOLD OFFICE AT THE  PLEASURE  OF
THE COMMISSIONER. THE COMMISSIONER MAY APPOINT SUCH OFFICERS, EMPLOYEES,
AGENTS,  CONSULTANTS AND SPECIAL COMMITTEES AS HE OR SHE MAY DEEM NECES-
SARY TO CARRY OUT THE PROVISIONS OF THIS CHAPTER,  AND  SHALL  PRESCRIBE
THEIR DUTIES.
  S 8. Section 216 of the real property tax law, as added by chapter 490
of the laws of 1988, subdivision 5 as amended by chapter 529 of the laws
of 1990, is amended to read as follows:
  S 216. Powers of [board] COMMISSIONER upon neglect or refusal of offi-
cials  to  perform duties. 1. Whenever it appears to the satisfaction of
the [state board] COMMISSIONER that any assessor or other  public  offi-
cer, employee or board of assessment review whose duties relate directly
to  real  property  tax  administration  has  failed  to comply with the
provisions of this chapter or any other law relating to such duties,  or
the  rules  and  regulations  of  the [board] COMMISSIONER made pursuant
thereto, after a hearing on the  facts,  the  [board]  COMMISSIONER  may
issue  an  order  directing such assessor, officer, employee or board of
assessment review to comply with such law, rule or regulation.
  2. If any assessor or other  public  officer,  employee  or  board  of
assessment  review  whose  duties  relate  directly to real property tax
administration shall [wilfully] WILLFULLY and  intentionally  refuse  or
neglect  to  perform  any  duty or do any act required by or pursuant to
this chapter, in addition to any other penalty  provided  by  law,  such
assessor,  public  officer,  employee or member of a board of assessment
review shall forfeit to the municipal corporation of which  such  asses-
sor,  public  officer,  employee  or  member  is an officer a sum not to
exceed  fifty  dollars  for  each  [wilful]  WILLFUL   and   intentional
violation, which may be recovered by the [state board] COMMISSIONER.
  3.  Where  a  property owner is, in a proceeding conducted pursuant to
this section, found to be directly affected by the  violation  of  state
law  or  rule,  the  [board]  COMMISSIONER  in its order shall establish
procedures by which an assessor, officer, employee or board  of  assess-
ment  review  whose duties relate directly to real property tax adminis-
tration, whether or not a party to  the  proceeding,  shall  remedy  the
failure  to  comply  with  such  state  law  or rules with respect to an
assessment roll filed not more than three years prior to  the  commence-
ment of the proceeding. Such remedy may include reconvening the board of
assessment review, identifying the class of persons eligible to complain
when the board of assessment review reconvenes, and issuing instructions
to  such  board  of  assessment  review on the law and any documentation
required of eligible complainants in relation to  the  findings  of  the
[state board] COMMISSIONER. A copy of such order shall be mailed to such
assessor,  officer,  employee  or board of assessment review and to each
municipal corporation which utilizes such assessment  roll.  Such  order
shall,  where  appropriate, require the assessing unit to mail a copy of
the order to each eligible complainant whose name and address is readily
ascertainable from the record of the proceeding.
  4. (a) Where the [state board] COMMISSIONER has ordered the  board  of
assessment  review  to  reconvene  to  receive complaints, a copy of the
order shall be mailed by the assessing unit to each  eligible  complain-
ant,  which  mailing  shall be accompanied by the form prescribed by the
[state board] COMMISSIONER for complaints on  tentative  assessments  or
such  other  form  as  may  be  prescribed [by the state board] for such
purpose. Included with such order and form shall be a notice stating the

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date, time and place at which the board of assessment review will recon-
vene. This material shall be mailed to the eligible complainant no later
than fifteen days prior to  the  meeting  of  the  board  of  assessment
review.  On  the  date  and  time specified in such notice, the board of
assessment review will reconvene to hear any complaints  filed  pursuant
to  such order and shall have the powers and duties set forth in section
five hundred twenty-five of this chapter, except  that  it  may  receive
only  complaints  with  respect to assessments of those parcels to which
the [state board's] COMMISSIONER'S order applies. A petition for  review
of the assessment of such property pursuant to either title one or one-A
of  article seven of this chapter may be filed no later than thirty days
after the determination of the board of assessment review is  mailed  to
the  petitioner, notwithstanding the provisions of section seven hundred
two or seven hundred thirty of this chapter.
  (b) The assessor shall correct the assessment roll upon receipt of the
verified statement of changes from the board of assessment review.    If
the  assessor  no  longer  has  custody of the assessment roll when such
verified statement is received, he or she shall forward a copy  of  such
verified  statement  and  a  copy  of the [state board's] COMMISSIONER'S
order to the person having custody of the assessment roll or  tax  roll,
which  person  shall  thereupon  make  the  appropriate corrections. The
assessor shall also forward a copy of the verified statement of  changes
to the clerk of each tax levying body which levies taxes on such assess-
ment roll.
  (c)  Where  a  tax,  special assessment or special ad valorem levy has
been paid prior to the correction of  the  tax  roll  pursuant  to  this
section  and  the  order  of the board of assessment review results in a
reduction of the tax liability of a parcel, the tax levying  body  shall
refund to the person who paid such tax, special assessment or special ad
valorem  levy  the  amount which exceeds the tax, special assessment, or
special ad valorem levy due upon the corrected tax roll. Any such refund
shall be a charge upon each municipal corporation or special district to
the extent that the taxes, special assessments  or  special  ad  valorem
levies were levied on its behalf or as is otherwise provided by law with
respect  to  Nassau  and  Suffolk  counties;  provided, however, that no
application need be made by the petitioner for such refund. The verified
statement of changes provided to the clerk of  the  tax  district  shall
constitute  an  application for refund for the purposes of this section.
Where a refund is not made within ninety days  of  the  receipt  of  the
verified statement of changes, interest in the amount of one percent per
month shall be added to the amount to be refunded for each month or part
thereof in excess of ninety days and paid to the property owner.
  (d) Where taxes, special assessments or special ad valorem levies have
been  levied  prior  to  the correction of the tax roll pursuant to this
section and the verified statement of changes of the board of assessment
review results in an increase in the tax liability of a  parcel  or  the
imposition of a tax liability upon a parcel, the additional tax, special
assessment,  or  special  ad valorem levy shall be levied, collected and
accounted for as provided in the [state board's] COMMISSIONER'S order.
  (e) The provisions of title three of  article  five  of  this  chapter
shall  apply  as  far  as practicable to the correction of an assessment
roll or tax roll and, if applicable, to a refund of  taxes  pursuant  to
this  section;  provided however that no application, except as provided
herein, need be made for such correction or refund.
  5. If an assessor, or other  public  officer,  employee  or  board  of
assessment  review  whose  duties  relate  directly to real property tax

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administration fails or refuses  to  comply  with  the  [state  board's]
COMMISSIONER'S  order  within  ten  days  after service of such order or
within such time as is prescribed by the [state board] COMMISSIONER  for
compliance with its order, the [state board] COMMISSIONER may commence a
special  proceeding  pursuant  to article four of the civil practice law
and rules to compel compliance with such order. Such special  proceeding
shall  be  commenced  by  the counsel to the [state board] DEPARTMENT OF
TAXATION AND FINANCE, except that the  attorney  general  of  the  state
shall commence such proceeding on behalf of the [state board] DEPARTMENT
if he or she deems it necessary.
  S 9. Section 324 of the real property tax law is REPEALED.
  S  10. Subparagraphs (iv) and (v) of paragraph (b) of subdivision 4 of
section 425 of the real property tax law, subparagraph (iv)  as  amended
by  section  3 of part E of chapter 83 of the laws of 2002, subparagraph
(v) as amended by chapter 631 of the laws of 2006, are amended  to  read
as follows:
  (iv)  Effective  with applications for the enhanced exemption on final
assessment rolls to be completed in two thousand three, the  application
form  shall  indicate  that  the  owners of the property and any owners'
spouses residing on the premises may  authorize  the  assessor  to  have
their  income  eligibility  verified  annually  thereafter  by the state
department of taxation and finance, in lieu of furnishing copies of  the
applicable  income  tax  return  or returns with the application. If the
owners of the property and any owners' spouses residing on the  premises
elect  to  participate in this program, which shall be known as the STAR
income verification program, they must furnish their taxpayer  identifi-
cation  numbers  in  order  to  facilitate  matching with records of the
department [of taxation and finance]. Thereafter, their income eligibil-
ity shall be verified annually by the [state]  department  [of  taxation
and  finance]  and  the  assessor shall not request income documentation
from them, unless such department  advises  the  assessor  [through  the
state  board] that they do not satisfy the applicable income eligibility
requirements, or that it is unable to  determine  whether  they  satisfy
those requirements.
  (v)  (A) Except in the case of a city with a population of one million
or more, the assessor shall forward to the [state board] DEPARTMENT,  in
the  time  and manner required by the [state board] DEPARTMENT, informa-
tion identifying the persons who have elected to participate in the STAR
income verification program.  [The state board shall forward such infor-
mation to the department of taxation and finance in the manner  provided
by  the agreement executed pursuant to section one hundred seventy-one-o
of the tax law, and  shall  notify  the  assessor  of  the  response  or
responses  it receives from such department pursuant to such agreement.]
After receiving [such]  THE  DEPARTMENT'S  response  or  responses,  the
assessing  authority shall cause notices to be mailed to participants as
provided by paragraph (b) of subdivision five of this section.  Informa-
tion  [obtained by the state board] PROVIDED TO THE DEPARTMENT identify-
ing such persons, and responses obtained from such department  shall  be
confidential and shall not be subject to disclosure under article six of
the public officers law.
  (B)  In  the case of a city of one million or more, the assessor shall
forward to the department of taxation  and  finance,  in  the  time  and
manner  required  by the department, information identifying the persons
who have elected to participate in the STAR income verification program.
The department shall advise the assessor of its findings in  the  manner
provided  by  the  agreement  executed  pursuant  to section one hundred

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seventy-one-o  of  the  tax  law.  After  receiving  such  response   or
responses,  the  assessing authority shall cause notices to be mailed to
participants as provided by paragraph (b) of subdivision  five  of  this
section.  Information  [obtained  by  the  state  board] PROVIDED TO THE
DEPARTMENT identifying such persons, and responses  obtained  from  such
department  shall be confidential and shall not be subject to disclosure
under article six of the public officers law.
  S 11. The opening paragraph of  paragraph  (b)  of  subdivision  5  of
section  425  of the real property tax law, as amended by chapter 742 of
the laws of 2005, is amended to read as follows:
  Informational notice for participants in the STAR income  verification
program.  In  the  case of a parcel which is owned by an owner or owners
who have elected to participate in the STAR income verification program,
the assessing authority shall cause a notice, preferably on a  postcard,
to  be  mailed to such owner or owners after the assessor has been noti-
fied of their income eligibility by  the  department  [of  taxation  and
finance through the state board]. Each such notice shall be mailed with-
out  restrictions  upon  forwarding  or  delivery, and shall contain, in
language prescribed by the [state board] DEPARTMENT,  the  substance  of
one of the following statements, whichever is appropriate:
  S 12. Paragraph (a) of subdivision 12 of section 425 of the real prop-
erty  tax  law,  as  amended by section 9 of part E of chapter 83 of the
laws of 2002, is amended to read as follows:
  (a) Generally. In addition to discontinuing the exemption on the  next
ensuing  tentative  assessment roll, if the assessor determines that the
property improperly received the exemption on one or more of  the  three
preceding assessment rolls, or is advised by the department [of taxation
and finance through the state board] that the applicable income standard
was  not satisfied with regard to a property which received the enhanced
exemption on one or more of those rolls, he  or  she  shall  proceed  to
revoke  the  improperly  granted  prior  exemption or exemptions. If the
assessor is advised [through the state board] that  the  department  [of
taxation and finance] was unable to verify the income eligibility of one
or  more  participants  in the income verification program, the assessor
shall mail that person or those persons a notice in a form prescribed by
the [state board] DEPARTMENT requesting that the person or persons docu-
ment their income in the same manner and to the same extent  as  if  the
person  or  persons  were  submitting  an  initial  application  for the
enhanced STAR exemption. If such income documentation  is  not  provided
within forty-five days of such request, or if the documentation provided
does  not  establish  the  eligibility  of  the person or persons to the
assessor's satisfaction, the assessor shall treat the  exemption  as  an
improperly  granted exemption and proceed in the manner provided by this
subdivision.
  S 13. Section 489-o of the real property tax law, as added by  chapter
86  of  the laws of 1963, subdivision 2 as amended by chapter 735 of the
laws of 1983, and subdivision 3 as added by chapter 841 of the  laws  of
1986, is amended to read as follows:
  S  489-o.    Final determination of railroad ceiling; certificate.  1.
After the hearing provided for in section four hundred eighty-nine-n  of
this  [chapter]  TITLE,  the  state  board OF REAL PROPERTY TAX SERVICES
shall finally determine the railroad ceiling for the railroad real prop-
erty of each railroad company situated in each assessing unit.  Whenever
upon complaint the state board shall revise the local reproduction  cost
of a railroad company in an assessing unit, it shall revise the railroad
ceiling  therefor to reflect such revision, but it shall not, on account

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of such revision, modify any other determination  with  respect  to  the
railroad  ceilings  for  such  railroad company for such year.  Notwith-
standing the fact that no complaint shall have been filed  with  respect
to  a  tentative  determination  of  a railroad ceiling, the state board
shall give effect to any special equalization rate established, pursuant
to subdivision two of section four hundred eighty-nine-l of this  [chap-
ter] TITLE prior to the final determination of the railroad ceiling.
  2.  Not later than ten days before the last date prescribed by law for
the  levy  of  taxes,  the  state board shall file a certificate setting
forth each railroad ceiling as finally determined with the  assessor  of
the  appropriate  assessing  unit  or  the  town  or county assessor who
prepares a copy of the applicable part of the town or county  assessment
roll  for  village  tax  purposes  as  provided  in subdivision three of
section fourteen hundred two of this chapter,   and  at  the  same  time
shall  transmit to each railroad company for which such ceiling has been
determined a duplicate copy of such certificate.
  3. Any final determination of a railroad ceiling by  the  state  board
pursuant to subdivision one of this section shall be subject to judicial
review in a proceeding under article seventy-eight of the civil practice
law and rules.
  S 14. Subdivision 1 of section 489-ll of the real property tax law, as
added by chapter 920 of the laws of 1977, is amended to read as follows:
  1.    After  the  hearing provided for in section four hundred eighty-
nine-kk of this [chapter] TITLE, the state board OF  REAL  PROPERTY  TAX
SERVICES  shall  finally determine the railroad ceiling for the railroad
real property of each railroad company situated in each assessing  unit.
Whenever  upon  complaint the state board shall revise the local reprod-
uction cost of a railroad company in an assessing unit, it shall  revise
the  appropriate railroad ceiling to reflect such revision, but it shall
not, on account of such revision, modify any  other  determination  with
respect  to  the  railroad  ceilings  for such railroad company for such
year.  Notwithstanding the fact that no complaint shall have been  filed
with  respect  to  a  tentative determination of a railroad ceiling, the
state board shall give effect to any special  equalization  rate  estab-
lished  pursuant to subdivision two of section four hundred eighty-nine-
jj of this [chapter] TITLE prior to the final determination of the rail-
road ceiling.
  S 15. Section 614 of the real property tax law is amended to  read  as
follows:
  S  614.    Determination  of  final  assessment of special franchises.
After [the hearing of complaints, if any, as provided in] RECEIVING  THE
COMMISSIONER'S  REPORT REGARDING ANY COMPLAINT FILED PURSUANT TO section
six hundred twelve of this [chapter] ARTICLE, the state  board  OF  REAL
PROPERTY  TAX  SERVICES  shall  determine  the  final assessment of each
special franchise.
  S 16. Subdivision 2 of section 740 of the real property  tax  law,  as
added by chapter 732 of the laws of 1983, is amended to read as follows:
  2.  A  petition and notice shall be served by delivering two copies to
[a member of the state board] THE  COMMISSIONER  or  to  an  officer  or
employee  authorized  by  [the  board] HIM OR HER to accept service, not
more than sixty days after the written notice of  the  final  assessment
prescribed  by  section  six  hundred  eighteen of this chapter has been
served.  Where a proceeding is commenced by an assessing unit in which a
special franchise is situated, an additional copy shall be filed by  the
petitioner with the owner of that special franchise.  Where a proceeding
is  commenced  by  a special franchise owner, the petitioner, within ten

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days after service, shall file an additional copy with the clerk of  the
city, town or village and with the clerk of the school district in which
that  special franchise is situated except a school district governed by
the provisions of article fifty-two of the education law.
  S 17. Section 1210 of the real property tax law, as amended by chapter
355 of the laws of 1990, is amended to read as follows:
  S  1210. Establishment of final state equalization rates, class ratios
and class equalization rates. After [hearing the complaints, if any,  as
provided in] RECEIVING THE COMMISSIONER'S REPORT REGARDING ANY COMPLAINT
FILED  PURSUANT TO section twelve hundred eight of this [chapter] TITLE,
the state board OF REAL PROPERTY TAX SERVICES shall establish the  final
state  equalization rate, class ratios, and class equalization rates, if
required, for each city,  town,  village,  special  assessing  unit,  or
approved assessing unit or eligible non-assessing unit village which has
adopted  the  provisions of section nineteen hundred three of this chap-
ter.
  S 18. Section 1218 of the real property tax law, as amended by chapter
685 of the laws of 2004, is amended to read as follows:
  S 1218. Review of final determinations of state board OF REAL PROPERTY
TAX SERVICES relating to state equalization rates. A final determination
of the state board OF REAL  PROPERTY  TAX  SERVICES  relating  to  state
equalization rates may be reviewed by commencing an action in the appel-
late  division  of  the  supreme court in the manner provided by article
seventy-eight of the civil practice law and rules  upon  application  of
the  county,  city,  town  or  village  for which the rate or rates were
established. The standard of review in such a  proceeding  shall  be  as
specified  in subdivision four of section seventy-eight hundred three of
the civil practice law and rules.  Whenever a final order is  issued  in
such a proceeding directing a revised state equalization rate, any coun-
ty,  village  or school district that used the former rate in the appor-
tionment of taxes must, upon receipt of such  final  order,  recalculate
the  levy  that used such former rate and credit or debit as appropriate
its constituent municipalities in its next levy.  Any special  franchise
assessments  that  were  established  using  the  former rate must, upon
receipt of such final order, be revised by the state board in accordance
with the new rate, and, if taxes have  already  been  levied  upon  such
assessments, the affected special franchise owners shall either automat-
ically  receive  a  refund  if  there  is  a  decrease or be taxed on an
increase in the next levy in the manner provided for omitted parcels  in
title three of article five of this chapter.
  S  19.  Subdivision  (e)  of  section 15 of the tax law, as amended by
chapter 161 of the laws of 2005, is amended to read as follows:
  (e) Eligible real property taxes. The  term  "eligible  real  property
taxes"  means  taxes imposed on real property which is owned by the QEZE
and located in an empire zone with respect to which the QEZE  is  certi-
fied  pursuant  to  article  eighteen-B  of  the  general municipal law,
provided such taxes are paid by the QEZE which is the owner of the  real
property  or  are  paid  by  a tenant which either (i) does not meet the
eligibility requirements under section fourteen of this article to be  a
QEZE  or  (ii) cannot treat such payment as eligible real property taxes
pursuant to this paragraph and such taxes become  a  lien  on  the  real
property  during  a taxable year in which the owner of the real property
is both certified pursuant to article eighteen-B of the general  munici-
pal  law  and a qualified empire zone enterprise. In addition, "eligible
real property taxes" shall include taxes paid  by  a  QEZE  which  is  a
lessee  of real property if the following conditions are satisfied:  (1)

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the taxes must be paid by the lessee pursuant to  explicit  requirements
in a written lease executed or amended on or after June first, two thou-
sand  five,  (2)  such taxes become a lien on the real property during a
taxable  year in which the lessee of the real property is both certified
pursuant to article eighteen-B of the general municipal law and a quali-
fied empire zone enterprise, and (3) the lessee has made direct  payment
of  such  taxes  to  the taxing authority and has received a receipt for
such payment of taxes from the taxing authority.  In addition, the  term
"eligible  real  property taxes" includes payments in lieu of taxes made
by the QEZE to the state, a municipal corporation or  a  public  benefit
corporation  pursuant  to  a  written agreement entered into between the
QEZE and the state, municipal  corporation,  or  public  benefit  corpo-
ration.  Provided,  however, a payment in lieu of taxes made by the QEZE
pursuant to a written agreement executed or amended on or after  January
first,  two  thousand  one,  shall not constitute eligible real property
taxes in any taxable year to the extent that such  payment  exceeds  the
product  of  (A)  the  greater  of  (i) the basis for federal income tax
purposes, calculated without regard to depreciation,  determined  as  of
the effective date of the QEZE's certification pursuant to article eigh-
teen-B  of  the general municipal law of real property, including build-
ings and structural components of  buildings,  owned  by  the  QEZE  and
located  in  empire  zones  with  respect to which the QEZE is certified
pursuant to such article eighteen-B of the general  municipal  law,  and
provided  that  if such basis is further adjusted or reduced pursuant to
any provision of the internal revenue code, the QEZE  may  petition  the
department[,] AND the department of economic development [and the office
of real property services] to disregard such reduction or adjustment for
the purpose of this subdivision or (ii) the basis for federal income tax
purposes  of such real property described in clause (i) of this subpara-
graph, calculated without regard to depreciation, on the last day of the
taxable year, and provided that if such basis  is  further  adjusted  or
reduced pursuant to any provision of the internal revenue code, the QEZE
may  petition the department, the department of economic development and
the office of real property services  to  disregard  such  reduction  or
adjustment  for  the  purpose of this subdivision; and (B) the estimated
effective full value tax rate within the county in which  such  property
is located, as most recently [reported to] CALCULATED BY the commission-
er  [by  the  secretary of the state board of real property services, or
his or her designee]. The  [state  board]  COMMISSIONER  shall  annually
calculate  estimated  effective  full value tax rates within each county
for this purpose based upon the most current  information  available  to
[it]  HIM  OR  HER in relation to county, city, town, village and school
district taxes.
  S 20. Paragraph 5 of subdivision (b) of section 22 of the tax law,  as
amended  by  section  4 of part H of chapter 577 of the laws of 2004, is
amended to read as follows:
  (5) Eligible real property taxes. The  term  "eligible  real  property
taxes"  means  taxes imposed on real property which consists of a quali-
fied site owned by the developer, provided such taxes become a  lien  on
the real property in a period during which the real property is a quali-
fied site. In addition, the term "eligible real property taxes" includes
payments  in lieu of taxes by the developer, with respect to a qualified
site, to the state, a municipal corporation or a public  benefit  corpo-
ration pursuant to a written agreement entered into between the develop-
er  and  the  state,  a municipal corporation or a public benefit corpo-
ration. Provided, however, such a payment in lieu  of  taxes  shall  not

S. 6606--B                         164                        A. 9706--C

constitute  eligible  real  property  taxes  in  any taxable year to the
extent that such payment exceeds the product of (A) the greater  of  (i)
the  basis  for  federal income tax purposes, determined on the date the
taxpayer  becomes  a  developer  as  defined under this section, of real
property, including buildings and structural  components  of  buildings,
owned  by  the developer and located on a qualified site with respect to
which the taxpayer is a developer, or (ii) the basis for federal  income
tax  purposes  of  such  real  property  described in clause (i) of this
subparagraph on the last day of the taxable year, and (B) the  estimated
effective  full  value tax rate within the county in which such property
is located, as most recently [reported to] CALCULATED BY the commission-
er [by the secretary of the state board of real  property  services,  or
his  or  her  designee].  The  [state board] COMMISSIONER shall annually
calculate estimated and effective full value tax rates within each coun-
ty for this purpose based upon the most current information available to
[it] HIM OR HER in relation to county, city, town,  village  and  school
district  taxes. Provided further, where the amount of the credit deter-
mined under paragraph two of this subdivision is the  total  product  of
the  factors and tax specified therein, the term "eligible real property
taxes" under this paragraph shall apply only to taxes  imposed  on  real
property  which is attributed to a qualified site located in an environ-
mental zone. Where the developer is a partner  in  a  partnership  or  a
shareholder  in  a  New  York S corporation, such real property shall be
owned by the partnership or the New York S corporation, respectively.
  S 20-a. Subdivision 2 of section 170 of the tax  law,  as  amended  by
chapter 282 of the laws of 1986, is amended and a new subdivision 7-a is
added to read as follows:
  2.  Existing  divisions  or  bureaus in the department of taxation and
finance or transferred to the department shall  continue  until  consol-
idated  or  abolished  pursuant  to  this section. There shall be in the
department of taxation and finance a division of taxation, a division of
the treasury, a division of the lottery, AN OFFICE OF REAL PROPERTY  TAX
SERVICES, and a division of tax appeals.
  7-A.  THE HEAD OF THE OFFICE OF REAL PROPERTY TAX SERVICES SHALL BE AN
OFFICER TO BE APPOINTED AND HOLD  OFFICE  AS  PROVIDED  BY  SECTION  TWO
HUNDRED THREE OF THE REAL PROPERTY TAX LAW.
  S  21.  Subdivision  twenty-fifth  of  section  171 of the tax law, as
amended by chapter 170 of the laws of 1994, paragraph a  as  amended  by
section  93 of part A of chapter 436 of the laws of 1997, paragraph b as
amended and paragraph c as added by chapter 474 of the laws of 1996,  is
amended to read as follows:
  Twenty-fifth. a. With respect to the income to be used in the computa-
tion  of  school aid payable in the school year nineteen hundred ninety-
four--ninety-five and thereafter, be required  to  design,  develop  and
implement  a  permanent  computerized  statewide school district address
match and income verification system in regard to each school district's
valuation of total New York adjusted gross income as determined  by  the
department,  for use in determining state aid to education.  The depart-
ment shall promulgate rules and regulations to effect the provisions  of
this paragraph within ninety days of the enactment of the chapter of the
laws of nineteen hundred ninety-four amending this paragraph. Commencing
September  first, nineteen hundred ninety-seven, the commissioner[,] AND
the commissioner of education[, and the executive director of the office
of real property services], subject to the approval of the  director  of
the  budget  shall  be required to enter into a cooperative agreement by
September first of each year,  which  will  govern  the  validation  and

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correction and completion of the total New York adjusted gross income of
school  districts  until  September  first  of  the following year. Such
agreement shall include, but  not  be  limited  to:  (i)  procedures  to
improve  the  accuracy of school district income data, in a manner which
gives appropriate recognition to computerized  processing  capabilities,
administrative  feasibility  of  manual  processes  and  confidentiality
implications; (ii)  procedures  to  verify  the  school  district  codes
reported  by taxpayers; (iii) procedures to correct identified inaccura-
cies; (iv) procedures to assign  school  district  codes  based  on  the
permanent  residence  addresses  of taxpayers who failed to complete the
school district code; (v) the schedule for the transmittal of electronic
data between the agencies, as necessary, to implement such  system;  and
(vi)  beginning  in  the  nineteen hundred ninety-six state fiscal year,
procedures for the review process provided for in paragraph  c  of  this
subdivision.    All state departments and agencies, and school districts
and other local governments  and  agencies,  shall  cooperate  with  the
parties to such agreement in its implementation.
  b.  1.  [With  respect to income used in the computation of school aid
payable in the school years  nineteen  hundred  ninety-four--ninety-five
through  nineteen  hundred  ninety-seven--ninety-eight,  be  required to
design, develop and implement a process  whereby  school  districts  may
request a review of the assignment of taxpayer addresses to their school
district. In addition to the cooperative agreement developed pursuant to
paragraph  a  of  this subdivision between the commissioner, the commis-
sioner of education and the director of  the  office  of  real  property
services, the parties shall enter into a second cooperative agreement to
establish  procedures  for  such a review process. Such procedures shall
include but not be limited to: (i) general criteria to be used  for  the
purpose  of  evaluating  suspected inaccuracies in the assignment of tax
returns to school districts; (ii) a process for rating the requests  for
review,  giving  appropriate  recognition  to  the relative incidence of
suspected inaccuracies, the relative effect of suspected inaccuracies on
the aggregate income, income per return and relative income per pupil of
the school district, and the relative effect of  suspected  inaccuracies
on  state  aid  payable to the school district pursuant to the education
law; (iii) a process for identifying the school  districts  for  partic-
ipation  in  the  review process from the rated list of applicants; (iv)
processes by which addresses assigned  to  identified  school  districts
will  be reviewed and by which corrections to inaccuracies will be iden-
tified; (v) a process by which  corrections  to  inaccurate  assignments
will  be  made  to appropriate files; and (vi) deadlines by which school
districts must submit requests for review to the commissioner of  educa-
tion and timelines for each of the procedures included in the agreement.
  2.  School  districts  requesting  a  review  in  accordance  with the
provisions of this paragraph shall be required, in consultation with the
district superintendent of schools for the supervisory district in which
the school district is located, appointed pursuant to  section  nineteen
hundred  fifty  of  the  education law, to submit to the commissioner of
education evidence in support of a contention that the assignment of tax
returns to their district is inaccurate. Identified school districts may
be required to review ordered listings, prepared by  the  department  or
the  office of real property services or an authorized vendor contracted
by the department, of the permanent resident address of selected taxpay-
ers who filed personal income tax returns with the department  reporting
a  school district code or address which indicates that the taxpayer was
a resident of such identified school district at the close of the  taxa-

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ble  year  for  which  the  return  was  filed. In no case shall ordered
address listings for school  district  review  include  those  addresses
which  the  school  district  had  the opportunity to review pursuant to
paragraph  a  of  this  subdivision. District superintendents of schools
appointed pursuant to section nineteen hundred fifty  of  the  education
law,  having  an  identified  school  district  within their supervisory
district, shall be required to verify any suspected  inaccuracies  indi-
cated  by an identified district as a result of the district's review of
ordered address listings pursuant to this paragraph.
  3.] Any correction, pursuant to this paragraph, of verified  inaccura-
cies  of  income  data  shall only result in the removal of such returns
from the identified school district.
  [4.] 2. All state departments and agencies, and school  districts  and
other  local  governments and agencies, shall cooperate with the parties
to such agreement in the implementation of the review  process  provided
pursuant to this paragraph.
  c.  1.  With  respect  to income used in the computation of school aid
payable in the school years nineteen  hundred  ninety-eight--ninety-nine
and  thereafter,  be required to design, develop and implement a process
whereby school districts may request  a  review  of  the  assignment  of
taxpayer  addresses  to  their  school  district.  Procedures for such a
review process shall be included in the  cooperative  agreement  entered
into pursuant to paragraph a of this subdivision.
  2.  School  districts  requesting  a  review  in  accordance  with the
provisions of this paragraph shall be required, in consultation with the
district superintendent of schools for the supervisory district in which
the school district is located, appointed pursuant to  section  nineteen
hundred  fifty  of  the  education law, to submit to the commissioner of
education evidence in support of a contention that the assignment of tax
returns to their district is inaccurate. Identified school districts may
be required to review ordered listings, prepared by the  department  [or
the office of real property services] or an authorized vendor contracted
by the department, of the permanent resident address of selected taxpay-
ers  who filed personal income tax returns with the department reporting
a school district code or address which indicates that the taxpayer  was
a  resident of such identified school district at the close of the taxa-
ble year for which the return  was  filed.  In  no  case  shall  ordered
address  listings  for  school  district  review include those addresses
which the school district had the  opportunity  to  review  pursuant  to
paragraph  a  of  this  subdivision. District superintendents of schools
appointed pursuant to section nineteen hundred fifty  of  the  education
law,  having  an  identified  school  district  within their supervisory
district, shall be required to verify any suspected  inaccuracies  indi-
cated  by an identified district as a result of the district's review of
ordered address listings pursuant to this paragraph.
  3. Any correction, pursuant to this paragraph, of  verified  inaccura-
cies  of  income  data  shall only result in the removal of such returns
from the identified school district.
  4. All state departments and agencies, and school districts and  other
local governments and agencies, shall cooperate with the parties to such
agreement  in the implementation of the review process provided pursuant
to this paragraph.
  S 22. Section 171-o of the tax law, as amended by chapter 631  of  the
laws of 2006, is amended to read as follows:
  S  171-o.  Income  verification  for [the state board of real property
services and] a city with a population of one million or more.  (1)  The

S. 6606--B                         167                        A. 9706--C

department  shall  enter into an agreement with [the state board of real
property services to verify, to the extent practicable, whether  persons
described  in  paragraph (b) of subdivision four of section four hundred
twenty-five  of  the  real  property tax law meet the income eligibility
requirements prescribed therein for  the  applicable  income  tax  year,
beginning  with  the  income  tax  year  ending in two thousand two. The
department shall also enter into an agreement with] a city with a  popu-
lation  of  one  million  or  more to verify, to the extent practicable,
whether persons described  in  paragraph  (b)  of  subdivision  four  of
section  four  hundred twenty-five of the real property tax law meet the
income eligibility requirements prescribed therein  for  the  applicable
income  tax year, beginning with the income tax year ending in two thou-
sand five. The department shall advise the [state board of real property
services, or] city[, as the case may be,] of its  findings,  stating  in
each  case  either that such person or persons do or do not satisfy such
requirements, or that the eligibility of such person or  persons  cannot
be  verified, whichever is appropriate. The department shall not provide
any other information about the income of such  persons  to  the  [state
board of real property services or] city.
  (2) The provisions of article six of the public officers law shall not
apply to any information that the department obtains from or provides to
the  [state  board  of  real property services or] city pursuant to this
section.
  (3) Any information furnished  by  the  department  pursuant  to  this
section  shall  be  deemed  confidential and the assessor, any municipal
officer or municipal employees are prohibited from disclosing  any  such
information,  except  for any disclosure necessary in the performance of
their official duties in connection with the school  tax  relief  (STAR)
exemption pursuant to section four hundred twenty-five of the real prop-
erty  tax  law. Any unauthorized disclosure of such information shall be
deemed a violation of section eight hundred five-a of the general munic-
ipal law.
  S 23. Paragraph 12 of subsection (e) of section 606 of the tax law  is
REPEALED.
  S  24.  Paragraphs  3, 4 and 5 of subsection (k) of section 697 of the
tax law, as amended by chapter 237 of the laws of 1995, are  amended  to
read as follows:
  [(3) Notwithstanding the provisions of subsection (e) of this section,
the  department  or authorized vendor contracted by the department shall
furnish annually, as required pursuant to  subdivision  twenty-fifth  of
section one hundred seventy-one of this chapter, to the executive direc-
tor  of  the office of real property services, electronic file transfers
of the permanent residence address of each  taxpayer  who  has  filed  a
personal  income tax return with the department. Such transfers shall be
in accordance with the schedule established pursuant  to  the  agreement
developed  in accordance with paragraph d of subdivision twenty-fifth of
section one hundred seventy-one of this chapter.  Similarly, the  office
of  real  property  services shall, subject to the availability of funds
appropriated for this purpose, verify or correct or determine the school
district for each such residence address provided by the department  and
shall  return such updated data to the department in accordance with the
provisions of such agreement.]
  (4) Notwithstanding the provisions of subsection (e) of this  section,
the  department  [or the office of real property services] or an author-
ized vendor contracted by the  department  shall  furnish,  as  required
pursuant  to subdivision twenty-fifth of section one hundred seventy-one

S. 6606--B                         168                        A. 9706--C

of this chapter, to the superintendents of schools of identified  school
districts  and district superintendents of schools appointed pursuant to
section nineteen hundred fifty of the education law, having  an  identi-
fied school district within their supervisory district, an ordered list-
ing, for such identified school districts electing to participate in the
appeals  process for a limited school district address review validation
and correction process.
  (5) The information provided pursuant to this section and  subdivision
twenty-fifth of section one hundred seventy-one of this chapter shall be
used  solely for the purpose of verifying the legal residence and school
district of a taxpayer in determining the distribution of state aid  for
education and such information may only be disclosed by such commission-
er,  [director,] superintendents and authorized vendor contracted by the
department for such purposes to employees of the state education depart-
ment, [employees of the state office of real property services]  and  to
employees  under  the  control  of  such  superintendents.  In addition,
notwithstanding the provisions of subsection (e) of  this  section,  the
department may furnish to an authorized vendor contracted by the depart-
ment  the  permanent resident address and school code data necessary for
the implementation of the temporary school district address review vali-
dation and correction process, the pilot computerized address match  and
income  verification  project,  or  the permanent computerized statewide
school district address match and income verification system pursuant to
subdivision twenty-fifth of section  one  hundred  seventy-one  of  this
chapter.  Any  violation  of  the  provisions  of  this section shall be
punishable in the manner provided for in subsection (e) of this section.
Any information obtained  by  any  agency  or  person  pursuant  to  the
provisions of this section shall not be deemed a "record", as defined in
subdivision four of section eighty-six of the public officers law.
  S  25.  Subdivision  3  of  section 1564 of the tax law, as amended by
chapter 17 of the laws of 2008, is amended to read as follows:
  3. An exemption from the tax which is equal to the median sales  price
of  residential  real  property  within  the applicable town or city, as
determined by the [office of real property services pursuant  to  proce-
dures  adopted  for  this  purpose  by  the state board of real property
services established pursuant to article two of the  real  property  tax
law]  COMMISSIONER, shall be allowed on the consideration of the convey-
ance of improved or unimproved real property or an interest therein.
  S 26. This act shall take effect immediately.

                                 PART X

  Section 1. Subdivision 1 of section 511 of the real property tax  law,
as  amended  by  chapter  319 of the laws of 1998, is amended to read as
follows:
  1. In the year of a revaluation or update of assessments, IF THE STATE
EQUALIZATION RATE FOR THE IMMEDIATELY PRECEDING ASSESSMENT ROLL WAS LESS
THAN EIGHTY-FIVE, the assessor shall, and in any  other  year  may,  not
later than sixty days prior to the date set by law for the filing of the
tentative  assessment roll, mail to each owner of real property therein,
an assessment disclosure notice in the format provided in paragraph  (a)
of  subdivision  two  of this section. However, pursuant to a resolution
adopted by the governing board of  the  assessing  unit,  other  than  a
special  assessing  unit or an approved assessing unit which has adopted
the provisions of section nineteen hundred three of this  chapter,  such

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assessment  disclosure  notice  shall  include in lieu thereof the items
specified in paragraph (b) of subdivision two of this section.
  S  2.  Section 511 of the real property tax law is amended by adding a
new subdivision 9 to read as follows:
  9. A SPECIAL ASSESSING UNIT SHALL BE DEEMED TO BE IN  COMPLIANCE  WITH
THE  PROVISIONS  OF  THIS  SECTION  IF IT PROVIDES ASSESSMENT DISCLOSURE
NOTICES TO PROPERTY OWNERS IN AN ALTERNATIVE MANNER WHICH INCLUDES, AT A
MINIMUM, THEIR TENTATIVE ASSESSMENTS, THE MARKET VALUES UPON WHICH  THEY
WERE BASED, AND THE APPLICABLE LEVEL OF ASSESSMENT.
  S  3.  Subdivision  1 of section 1590 of the real property tax law, as
amended by chapter 316 of the laws  of  1992,  is  amended  to  read  as
follows:
  1. A municipal corporation, other than a school district or a village,
which  prepares assessment rolls by means of electronic data processing,
shall annually submit to the state board the  data  files  used  in  the
preparation of each TENTATIVE AND final assessment roll and summaries of
the  information  from  the final assessment roll including as a minimum
the number of parcels, the total assessed value thereof, and  the  total
taxable  assessed  value  thereof.  Such  information shall be submitted
within [thirty] TEN days of the time of filing the  TENTATIVE  OR  final
assessment roll, as provided for pursuant to section FIVE HUNDRED SIX OR
five  hundred sixteen of this chapter OR SUCH OTHER LAW AS MAY BE APPLI-
CABLE. IN ADDITION, IF THE ASSESSING  UNIT  MAINTAINS  A  WEBSITE,  THEN
WITHIN TEN DAYS OF THE FILING OF THE TENTATIVE ASSESSMENT ROLL, IT SHALL
POST A COPY OF SUCH ROLL ON ITS WEBSITE, WITH A LINK THERETO PROMINENTLY
DISPLAYED  ON  ITS  HOME  PAGE, AND SHALL NOT REMOVE THE SAME BEFORE THE
FINAL ASSESSMENT ROLL HAS BEEN FILED. IN LIEU OF POSTING A COPY OF  SUCH
ROLL ON ITS WEBSITE, THE ASSESSING UNIT MAY CAUSE SUCH COPY TO BE POSTED
ON  THE WEBSITE OF THE COUNTY IN WHICH IT IS LOCATED FOR THE SAME PERIOD
OF TIME AS OTHERWISE REQUIRED BY THIS SUBDIVISION, PROVIDED THAT A  LINK
THERETO  SHALL  BE PROMINENTLY DISPLAYED ON THE WEBSITE OF THE ASSESSING
UNIT.
  S 4. Subdivision 5 of section 574 of the real  property  tax  law,  as
amended  by  chapter  257  of  the  laws  of 1993, is amended to read as
follows:
  5. [Forms or reports filed] DATA COLLECTED pursuant to this section or
section three hundred thirty-three of the real  property  law  shall  be
made available for public inspection or copying in accordance with rules
promulgated  by  the  state board, EXCEPT THAT WHERE THE STATE BOARD AND
THE DEPARTMENT OF TAXATION AND FINANCE HAVE DEVELOPED A COMBINED PROCESS
FOR COLLECTING DATA PURSUANT TO PARAGRAPH VIII OF SUBDIVISION  ONE-E  OF
SECTION THREE HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW, ANY DATA SO
COLLECTED  WHICH  IS  NOT REQUIRED TO BE FURNISHED TO THE STATE BOARD BY
STATUTE OR BY THE STATE BOARD'S RULES SHALL NOT BE SUBJECT TO INSPECTION
OR COPYING.
  S 5. Paragraphs i and v of subdivision 1-e of section 333 of the  real
property  law,  as  amended  by section 1 of part B of chapter 57 of the
laws of 2004 and paragraph i as separately amended by chapter 521 of the
laws of 2004, are amended and two new paragraphs vii and viii are  added
to read as follows:
  i.  A  recording  officer  shall  not  record or accept for record any
conveyance of real property affecting land  in  New  York  state  unless
accompanied  by  a transfer report form prescribed by the state board of
real property services OR IN LIEU THEREOF, CONFIRMATION FROM  THE  STATE
BOARD  THAT  THE REQUIRED DATA HAS BEEN REPORTED TO IT PURSUANT TO PARA-

S. 6606--B                         170                        A. 9706--C

GRAPH VII OF THIS SUBDIVISION, and the fee prescribed pursuant to subdi-
vision three of this section.
  v.  The provisions of this subdivision shall not operate to invalidate
any conveyance of real property where one or more of  the  items  desig-
nated  as subparagraphs one through eight of paragraph ii of this subdi-
vision, have not been reported or which has been  erroneously  reported,
nor  affect  the  record contrary to the provisions of this subdivision,
nor impair any title founded on such conveyance or record.    Such  form
shall  [be  certified]  CONTAIN AN AFFIRMATION as to the accuracy of the
contents MADE BOTH by the transferor or transferors and BY the transfer-
ee or transferees. Provided, however, THAT if  the  conveyance  of  real
property  occurs as a result of a taking by eminent domain, tax foreclo-
sure, or other involuntary proceeding such  [form]  AFFIRMATION  may  be
[certified]  MADE  only  by either the condemnor, tax district, or other
party to whom the property has been conveyed, or by that party's  attor-
ney.    THE AFFIRMATIONS REQUIRED BY THIS PARAGRAPH SHALL BE MADE IN THE
FORM AND MANNER PRESCRIBED BY THE STATE BOARD,  PROVIDED  THAT  NOTWITH-
STANDING  ANY  PROVISION  OF  LAW  TO  THE  CONTRARY,  AFFIRMANTS MAY BE
ALLOWED, BUT SHALL NOT BE REQUIRED, TO SIGN SUCH AFFIRMATIONS  ELECTRON-
ICALLY.
  VI.  Any  deed  executed  and  delivered prior to July first, nineteen
hundred ninety-four may nevertheless be recorded in the  office  of  the
county  clerk  providing  there  is submitted therewith, and in place of
such form, a separate statement signed by the transferor or  transferors
and  the transferee or transferees or any person having sufficient know-
ledge to sign such form which contains the same information required  by
the  state board of real property services as set forth in subparagraphs
one through four of paragraph ii of this subdivision.
  VII. THE STATE BOARD IS HEREBY AUTHORIZED TO DEVELOP AND  OVERSEE  THE
IMPLEMENTATION  OF  A SYSTEM TO ALLOW THE DATA REQUIRED BY THIS SUBDIVI-
SION AND SECTION FIVE HUNDRED SEVENTY-FOUR OF THE REAL PROPERTY TAX  LAW
TO  BE  REPORTED  TO IT ELECTRONICALLY, NOTWITHSTANDING ANY PROVISION OF
LAW TO THE CONTRARY. THE STATE BOARD IS FURTHER AUTHORIZED TO ADOPT  ANY
RULES  NECESSARY  TO IMPLEMENT SUCH A SYSTEM. SUCH RULES SHALL SET FORTH
SUCH STANDARDS AND PROCEDURES AS MAY BE NEEDED  FOR  THE  EFFECTIVE  AND
EFFICIENT ADMINISTRATION OF THE PROGRAM, INCLUDING STANDARDS FOR PROVID-
ING CONFIRMATION TO RECORDING OFFICERS OF THE REPORTING OF REQUIRED DATA
TO THE STATE BOARD.
  VIII. UPON AGREEMENT BETWEEN THE STATE BOARD OF REAL PROPERTY SERVICES
AND  THE  DEPARTMENT OF TAXATION AND FINANCE, THE PROCESS FOR COLLECTING
DATA PURSUANT TO THIS SUBDIVISION AND SECTION FIVE HUNDRED  SEVENTY-FOUR
OF  THE  REAL  PROPERTY TAX LAW MAY BE COMBINED IN WHOLE OR IN PART WITH
THE PROCESS FOR COLLECTING DATA PURSUANT TO ARTICLES THIRTY-ONE, ELEVEN,
TWENTY-TWO AND SUBSECTION (A) OF SECTION SIX HUNDRED SIXTY-THREE OF  THE
TAX LAW IN CONNECTION WITH THE REAL ESTATE TRANSFER TAX, NOTWITHSTANDING
ANY  PROVISION  OF  LAW TO THE CONTRARY. THE STATE BOARD AND THE COMMIS-
SIONER OF TAXATION AND FINANCE ARE AUTHORIZED TO ADOPT ANY RULES  NECES-
SARY  TO  IMPLEMENT  THE  PROVISIONS  OF THIS PARAGRAPH, INDIVIDUALLY OR
JOINTLY.
  S 6. Section 693 of the tax law is amended by adding a new  subsection
(e) to read as follows:
  (E)  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH ONE OF SUBSECTION (E)
OF SECTION SIX HUNDRED NINETY-SEVEN OF THIS PART, THE  COMMISSIONER  MAY
FURNISH  TO THE STATE BOARD OF REAL PROPERTY SERVICES INFORMATION RELAT-
ING TO REAL PROPERTY TRANSFERS OBTAINED OR DERIVED  FROM  RETURNS  FILED
PURSUANT TO THIS ARTICLE IN RELATION TO THE REAL ESTATE TRANSFER TAX, TO

S. 6606--B                         171                        A. 9706--C

THE  EXTENT THAT SUCH INFORMATION IS ALSO REQUIRED TO BE REPORTED TO THE
STATE BOARD BY SECTION THREE HUNDRED THIRTY-THREE OF THE  REAL  PROPERTY
LAW  AND  SECTION FIVE HUNDRED SEVENTY-FOUR OF THE REAL PROPERTY TAX LAW
AND   THE  RULES  ADOPTED  THEREUNDER,  PROVIDED  SUCH  INFORMATION  WAS
COLLECTED THROUGH A COMBINED PROCESS ESTABLISHED PURSUANT TO  AN  AGREE-
MENT  ENTERED  INTO  WITH  THE STATE BOARD PURSUANT TO PARAGRAPH VIII OF
SUBDIVISION ONE-E OF SECTION THREE  HUNDRED  THIRTY-THREE  OF  THE  REAL
PROPERTY  LAW.  THE  STATE  BOARD MAY REDISCLOSE SUCH INFORMATION TO THE
EXTENT AUTHORIZED BY SECTION FIVE HUNDRED SEVENTY-FOUR OF THE REAL PROP-
ERTY TAX LAW.
  S 7. Section 1418 of the tax law is amended by adding a  new  subdivi-
sion (h) to read as follows:
  (H) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
THE  COMMISSIONER  MAY  FURNISH  TO  THE  STATE  BOARD  OF REAL PROPERTY
SERVICES INFORMATION RELATING TO REAL  PROPERTY  TRANSFERS  OBTAINED  OR
DERIVED  FROM  RETURNS FILED PURSUANT TO THIS ARTICLE IN RELATION TO THE
REAL ESTATE TRANSFER TAX, TO THE EXTENT THAT SUCH  INFORMATION  IS  ALSO
REQUIRED  TO  BE  REPORTED  TO  THE STATE BOARD BY SECTION THREE HUNDRED
THIRTY-THREE OF THE REAL PROPERTY LAW AND SECTION FIVE HUNDRED  SEVENTY-
FOUR  OF  THE  REAL  PROPERTY  TAX LAW AND THE RULES ADOPTED THEREUNDER,
PROVIDED SUCH INFORMATION  WAS  COLLECTED  THROUGH  A  COMBINED  PROCESS
ESTABLISHED  PURSUANT  TO AN AGREEMENT ENTERED INTO WITH THE STATE BOARD
PURSUANT TO PARAGRAPH VIII OF SUBDIVISION ONE-E OF SECTION THREE HUNDRED
THIRTY-THREE OF THE REAL PROPERTY LAW. THE STATE  BOARD  MAY  REDISCLOSE
SUCH INFORMATION TO THE EXTENT AUTHORIZED BY SECTION FIVE HUNDRED SEVEN-
TY-FOUR OF THE REAL PROPERTY TAX LAW.
  S  8. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law,  provided  that  the
state board of real property services and the department of taxation and
finance are hereby authorized to adopt any rules needed to implement the
provisions of this act prior to such date.

                                 PART Y

  Section  1.  Paragraphs (a), (b) and (c) of subdivision 1 and subdivi-
sion 2 of section 1573 of the real property tax law,  paragraph  (a)  of
subdivision  1 as amended and paragraphs (b) and (c) of subdivision 1 as
added by chapter 309 of the laws of 1996, subdivision 2  as  amended  by
chapter  655  of  the laws of 2004 and paragraph (a) of subdivision 2 as
amended by chapter 212 of the laws of  2006,  are  amended  to  read  as
follows:
  (a)  the  assessing unit has satisfied standards of quality assessment
administration, as established by the  state  board  pursuant  to  regu-
lations  promulgated  by the state board, subject to the approval of the
director of the budget[. Such rules shall be based upon but not  limited
to the following criteria:
  (i) quality and maintenance of valuation data;
  (ii) presentation of public information and data;
  (iii) administration of exemptions;
  (iv) an acceptable level of assessment uniformity as measured annually
by the state board; and
  (v) compliance with statutes and rules.] AND HAS IMPLEMENTED A REVALU-
ATION PURSUANT TO AN APPROVED PLAN AS PROVIDED IN THIS SUBDIVISION;
  (b)  [any  revaluation  or  update  of  assessments, implemented on an
assessment roll finalized after  the  first  day  of  January,  nineteen
hundred ninety-six,] THE REVALUATION is at one hundred percent of value;

S. 6606--B                         172                        A. 9706--C

however, in special assessing units the revaluation or update of assess-
ments must be at a uniform percentage of value for each class;
  (c)  [the  assessing  unit  has published, on the tentative assessment
roll, the uniform percentage of value at  which  all  real  property  is
assessed, or in special assessing units, the uniform percentage of value
at which each class of property is assessed;] THE REVALUATION WAS IMPLE-
MENTED  PURSUANT  TO A PLAN, APPROVED PURSUANT TO THE RULES OF THE STATE
BOARD, OF NOT LESS THAN FOUR YEARS THAT PROVIDES, AT A  MINIMUM,  FOR  A
REVALUATION IN THE FIRST AND LAST YEAR OF SUCH PLAN, BUT IN NO CASE LESS
THAN  ONCE  EVERY  FOUR YEARS, AND FOR INVENTORY DATA TO BE COLLECTED AT
LEAST ONCE EVERY SIX YEARS;
  2. (A) State assistance pursuant to subdivision one  of  this  section
shall  be  payable  [as follows] in an amount not to exceed five dollars
per parcel for [each separately assessed parcel appearing on the  appli-
cable]  AN  assessment  roll[,  excluding]  UPON  WHICH A REVALUATION IS
IMPLEMENTED IN ACCORDANCE WITH AN APPROVED PLAN, AND NOT TO  EXCEED  TWO
DOLLARS  PER  PARCEL FOR ANY ASSESSMENT ROLL UPON WHICH A REVALUATION IS
NOT IMPLEMENTED IN ACCORDANCE WITH AN APPROVED PLAN. THE AMOUNT  PAYABLE
ON  A  PER PARCEL BASIS SHALL EXCLUDE parcels which are wholly exempt or
assessed by the state board[:  (a) Triennial aid shall be  payable  when
the  state  board  determines  that the assessing unit has implemented a
revaluation or update that includes the reinspection and reappraisal  of
all locally assessed properties.  However, no assessing unit may qualify
for  this  payment more than once in a three year period, and no aid may
be paid pursuant to this paragraph with respect to any  assessment  roll
filed after the year two thousand eleven.
  (b)  (i)  Annual  aid shall be payable when the state board determines
that the assessing unit has maintained  an  equitable  assessment  roll.
Such  determination  shall  be  made in accordance with standards estab-
lished pursuant to regulations promulgated by the state  board,  subject
to  the  approval of the director of the budget, and shall be based upon
criteria including but not limited to:
  (A) annually maintaining assessments at the percentage of value speci-
fied in subdivision one of this section;
  (B) annually conducting a systematic analysis of all locally  assessed
properties using a methodology specified in such regulations;
  (C)  annually revising assessments as necessary to maintain the stated
uniform percentage of value; and
  (D) implementing a local program for physically inspecting  and  reap-
praising each parcel at least once every six years.
  (E)  Such  standards shall contain ranges of acceptable performance as
determined by the state board in accordance with  nationally  recognized
assessment methods.
  (ii)  No  aid shall be paid pursuant to this paragraph with respect to
any assessment roll which receives triennial aid pursuant  to  paragraph
(a) of this subdivision].
  [(iii)]  (B)  ANY ASSESSING UNIT THAT FAILS TO IMPLEMENT A REVALUATION
AS PRESCRIBED IN AN APPROVED PLAN SHALL REMIT  TO  THE  STATE  THE  FULL
AMOUNT  OF  ANY  STATE AID RECEIVED PURSUANT TO THIS SUBDIVISION FOR THE
ASSESSMENT ROLLS FOLLOWING THE ONE UPON WHICH THE  MOST  RECENT  REVALU-
ATION WAS IMPLEMENTED.
  (C)  NOTHING  HEREIN SHALL BE DEEMED TO PREVENT AN ASSESSING UNIT FROM
WITHDRAWING FROM AN APPROVED PLAN. ANY ASSESSING UNIT THAT DOES SO SHALL
ONLY BE RESPONSIBLE FOR REMISSION OF PER PARCEL PAYMENTS FOR NON-REVALU-
ATION YEARS.

S. 6606--B                         173                        A. 9706--C

  (D) No grant awarded to any individual assessing  unit  in  any  given
year  pursuant  to  this  subdivision shall exceed five hundred thousand
dollars.
  S 2. This act shall take effect immediately and shall apply to assess-
ment  rolls  with  taxable  status dates occurring on and after March 1,
2010.

                                 PART Z

  Section 1. Clause 2 of subparagraph (viii) of paragraph a of  subdivi-
sion  10 of section 54 of the state finance law, as amended by section 5
of part GG of chapter 56 of the laws of 2009,  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, EXCLUDING ANY DEFICIT REDUCTION ADJUST-
MENT PURSUANT TO PARAGRAPH E-1 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  pursu-
ant  to paragraph e of this subdivision plus any additional aid received
in such year pursuant to paragraph p of this subdivision.
  S 2. Paragraph b of subdivision 10 of section 54 of the state  finance
law,  as  amended  by  section  2 of part O of chapter 56 of the laws of
2008, is amended to read as follows:
  b. Base level grants. (I) Within amounts  appropriated  in  the  state
fiscal year commencing April first, two thousand seven and in each state
fiscal  year thereafter, there shall be apportioned and paid to a county
with a population of less than one million but more  than  nine  hundred
twenty-five  thousand  according  to the federal decennial census of two
thousand, cities with a population of less than one million,  towns  and
villages  a  base  level  grant in an amount equal to the prior year aid
received by such county, city, town or village.
  (II)  NOTWITHSTANDING  SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH,  WITHIN
AMOUNTS  APPROPRIATED  IN  THE STATE FISCAL YEAR COMMENCING APRIL FIRST,
TWO THOUSAND TEN, THERE SHALL BE APPORTIONED AND PAID  TO  EACH  MUNICI-
PALITY  A  BASE  LEVEL  GRANT  IN  AN AMOUNT EQUAL TO THE PRIOR YEAR AID
RECEIVED BY SUCH MUNICIPALITY MINUS A BASE LEVEL GRANT ADJUSTMENT CALCU-
LATED IN ACCORDANCE WITH CLAUSE TWO OF THIS SUBPARAGRAPH.
  (1) WHEN USED IN THIS SUBPARAGRAPH, UNLESS OTHERWISE EXPRESSLY STATED:
  (A) "2008-09 AIM FUNDING" SHALL MEAN THE SUM OF THE BASE  LEVEL  GRANT
PURSUANT  TO THIS PARAGRAPH, ADDITIONAL ANNUAL APPORTIONMENT PURSUANT TO
PARAGRAPH D OF THIS SUBDIVISION, PER CAPITA ADJUSTMENT PURSUANT TO PARA-
GRAPH E OF THIS SUBDIVISION AND SPECIAL AID AND  INCENTIVES  TO  CERTAIN
ELIGIBLE  CITIES  AS  APPROPRIATED  IN  CHAPTER FIFTY OF THE LAWS OF TWO
THOUSAND EIGHT, AS AMENDED BY CHAPTER ONE OF THE LAWS  OF  TWO  THOUSAND
NINE, APPORTIONED AND PAID TO SUCH MUNICIPALITY IN THE STATE FISCAL YEAR
COMMENCING APRIL FIRST, TWO THOUSAND EIGHT.
  (B) "2008 TOTAL REVENUES" SHALL MEAN "TOTAL REVENUES" FOR SUCH MUNICI-
PALITY  AS  REPORTED  IN THE STATE COMPTROLLER'S SPECIAL REPORT ON LOCAL
GOVERNMENT FINANCES FOR NEW YORK STATE FOR LOCAL FISCAL YEARS  ENDED  IN
TWO THOUSAND EIGHT.
  (C)  "AIM  RELIANCE"  SHALL  MEAN  2008-09  AIM FUNDING EXPRESSED AS A
PERCENTAGE OF 2008 TOTAL REVENUES.
  (2) THE BASE LEVEL GRANT ADJUSTMENT SHALL EQUAL:

S. 6606--B                         174                        A. 9706--C

  (A) TWO PERCENT OF PRIOR YEAR AID IF AIM RELIANCE  WAS  AT  LEAST  TEN
PERCENT, OR
  (B)  FIVE  PERCENT OF PRIOR YEAR AID IF AIM RELIANCE WAS LESS THAN TEN
PERCENT.
  (III) NOTWITHSTANDING SUBPARAGRAPH (I) OF  THIS  PARAGRAPH,  A  COUNTY
WITH  A  POPULATION  OF LESS THAN ONE MILLION BUT MORE THAN NINE HUNDRED
TWENTY-FIVE THOUSAND ACCORDING TO THE FEDERAL DECENNIAL  CENSUS  OF  TWO
THOUSAND  SHALL  NOT RECEIVE A BASE LEVEL GRANT IN THE STATE FISCAL YEAR
COMMENCING APRIL FIRST, TWO THOUSAND TEN OR IN  ANY  STATE  FISCAL  YEAR
THEREAFTER.
  S  3. Paragraph i of subdivision 10 of section 54 of the state finance
law is amended by adding a new subparagraph (vii) to read as follows:
  (VII) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN THE STATE
FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND  TEN,  THE  BASE  LEVEL
GRANT  ADJUSTMENT  PURSUANT  TO SUBPARAGRAPH (II) OF PARAGRAPH B OF THIS
SUBDIVISION SHALL BE MADE ON OR BEFORE SEPTEMBER TWENTY-FIFTH FOR A TOWN
OR VILLAGE, ON OR BEFORE DECEMBER FIFTEENTH FOR A CITY WHOSE FISCAL YEAR
BEGINS JANUARY FIRST, AND ON OR BEFORE MARCH FIFTEENTH FOR A CITY  WHOSE
FISCAL YEAR DOES NOT BEGIN ON JANUARY FIRST.
  S  4. Paragraph j of subdivision 10 of section 54 of the state finance
law, as amended by section 3 of part D of chapter 503  of  the  laws  of
2009, 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]  YEARS commencing April first, two thousand nine AND APRIL FIRST,
TWO THOUSAND ELEVEN, and in each state fiscal year  thereafter,  a  city
with a population of one million or more shall receive three hundred one
million  six  hundred  fifty-eight  thousand  four  hundred  ninety-five
dollars payable on or before December fifteenth.  Special aid and incen-
tives 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;

S. 6606--B                         175                        A. 9706--C

  (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.
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. Subdivision c of section 8 of section 4 of  chapter  576  of  the
laws  of  1974 constituting the emergency tenant protection act of nine-
teen seventy-four, as amended by section 1 of part F of  chapter  61  of
the laws of 2000, is amended to read as follows:
  c.  Whenever  a  city  having  a population of one million or more has
determined the existence of an emergency pursuant to  section  three  of
this act, the provisions of this act and the New York city rent stabili-
zation  law  of nineteen hundred sixty-nine shall be administered by the
state division of housing and community renewal as provided in  the  New
York  city  rent  stabilization  law  of nineteen hundred sixty-nine, as
amended, or as otherwise provided by law.  The  costs  incurred  by  the
state  division  of  housing and community renewal in administering such
regulation shall be paid by such city. All payments  for  such  adminis-
tration shall be transmitted to the state division of housing and commu-
nity renewal as follows: on or after April first of each year commencing
with  April,  nineteen  hundred eighty-four, the commissioner of housing
and community renewal shall determine an amount necessary to defray  the
division's anticipated annual cost, and one-quarter of such amount shall
be  paid  by such city on or before July first of such year, one-quarter
of such amount on or before October first of such year,  one-quarter  of
such  amount  on  or before January first of the following year and one-
quarter of such amount on or before March thirty-first of the  following
year.  After the close of the fiscal year of the state, the commissioner
shall determine the amount of all actual costs incurred in  such  fiscal
year  and  shall  certify  such  amount  to such city. If such certified
amount shall differ from the amount paid by the  city  for  such  fiscal
year,  appropriate  adjustments  shall  be  made  in  the next quarterly
payment to be made by such city. In the event that the amount thereof is
not paid to the commissioner  as  herein  prescribed,  the  commissioner
shall  certify the unpaid amount to the comptroller, and the comptroller
shall, to the extent not otherwise  prohibited  by  law,  withhold  such
amount  from [the next succeeding payment of per capita assistance to be
apportioned] ANY STATE AID PAYABLE to such city. In no event  shall  the
amount imposed on the owners exceed ten dollars per unit per year.
  S  6.  Paragraph (a-1) of subdivision 2 of section 39 of the judiciary
law, as added by chapter 83 of the laws of 1995, is amended to  read  as
follows:
  (a-1)  (i) Effective for each state fiscal year beginning April first,
nineteen hundred ninety-five, the state comptroller shall, on or  before
the  end  of that fiscal year: (1) deduct from any moneys payable to the

S. 6606--B                         176                        A. 9706--C

city of New York from the local assistance account as [per capita] state
aid for the support of local government [pursuant to section  fifty-four
of  the  state  finance  law]  the amount certified to him or her by the
chief  administrator  of  the  courts immediately following the close of
such fiscal year pursuant to subparagraph (ii) of  this  paragraph,  and
(2)  transfer  the  amount  of  such deduction from the local assistance
account to the New York city county clerks' operations offset fund.
  (ii) On or before March first  in  each  year  commencing  with  March
first, nineteen hundred ninety-six, the chief administrator shall deter-
mine  and  certify  to  the  comptroller  the difference between (1) the
amount of the disbursements under the judiciary budget made  during  the
fiscal  year  ending  the previous March thirty-first for the payment of
services and expenses incurred in that fiscal year by the offices of the
county clerks of the city of New York, excluding services  and  expenses
incurred  by  those  offices in discharge of a county clerk's powers and
duties as commissioner of jurors, and (2) the aggregate receipts derived
by the state from the fees specified in paragraphs one and two of subdi-
vision (f) of section eight thousand twenty and section  eight  thousand
twenty-one  of  the  civil practice law and rules during the fiscal year
commencing April first, nineteen hundred ninety.
  (iii) On or before March first,  nineteen  hundred  ninety-seven,  and
each March first thereafter, the chief administrator shall determine the
actual  difference between (1) the amount of the disbursements under the
judiciary budget made during the fiscal year ending the  previous  March
thirty-first  for  the payment of services and expenses incurred in that
fiscal year by the offices of the county clerks of the city of New York,
excluding services and expenses incurred by those offices  in  discharge
of  a county clerk's powers and duties as commissioner of jurors and (2)
the aggregate receipts derived from the state from the fees specified in
paragraphs one and two of subdivision  (f)  of  section  eight  thousand
twenty  and  section eight thousand twenty-one of the civil practice law
and rules during the preceding  fiscal  year.  The  chief  administrator
shall compare this actual amount of difference with the projected amount
of difference calculated pursuant to subparagraph (ii) of this paragraph
and  certify  the difference between the two amounts to the comptroller.
Such amount shall be added to, or deleted from, as the case may be,  the
amount of the deduction made from state [per capita] aid payments to the
city of New York pursuant to subparagraph (i) of this paragraph.
  S  7.    Notwithstanding  any other law to the contrary, for the state
fiscal year beginning April 1, 2011, and in each state fiscal year ther-
eafter, twenty million eight hundred eight thousand nine  hundred  three
dollars ($20,808,903) of aid and incentives for municipalities otherwise
due  and  payable  to the city of Yonkers on or before March 31 shall be
paid on or before June 30 in such fiscal year upon  written  request  by
the  chief  elected official of such city to the director of the budget,
provided such request is made no later than April 1, 2011.
  S 8. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2010; provided,
however,  that the amendments to subdivision c of section 8 of the emer-
gency tenant protection act of nineteen  seventy-four  made  by  section
five  of  this act shall not affect the expiration of such act and shall
expire therewith.

                                 PART AA

S. 6606--B                         177                        A. 9706--C

  Section 1. Subdivision 2 of section 54-l of the state finance law,  as
amended  by  section  1 of part KK of chapter 56 of the laws of 2009, is
amended to read as follows:
  2.  Within  amounts  appropriated  therefor,  an  eligible city and an
eligible municipality shall receive a state aid payment as follows:
  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: (1) twenty-five percent
shall be apportioned and  paid  to  the  county;  and  (2)  seventy-five
percent  shall  be  apportioned and paid on a pro rata basis to eligible
municipalities, other than the county, based upon the population of such
eligible municipalities. Such state aid payment shall not  exceed  twen-
ty-five  percent  of  an  eligible  municipality's total expenditures as
reported in the statistical report of the comptroller in  the  preceding
state fiscal year pursuant to section thirty-seven of the general munic-
ipal  law;  [and] (ii) for the state fiscal year commencing April first,
two thousand nine [and for each state fiscal year thereafter]:  (1)  for
an eligible municipality which is located in a county that has a poverty
rate equal to or greater than seventy-five percent of the New York state
poverty  rate,  an amount equal to the state aid payment received in the
state fiscal year commencing April first, two thousand  eight;  and  (2)
for  an  eligible  municipality  which is located in a county that has a
poverty rate less than seventy-five percent of the New York state pover-
ty rate, an amount equal to fifty  percent  of  the  state  aid  payment
received  in  the state fiscal year commencing April first, two thousand
eight; AND (III) FOR THE STATE FISCAL YEAR COMMENCING APRIL  FIRST,  TWO
THOUSAND  TEN AND FOR EACH STATE FISCAL YEAR THEREAFTER, AN AMOUNT EQUAL
TO NINETY PERCENT OF THE STATE AID PAYMENT RECEIVED IN THE STATE  FISCAL
YEAR COMMENCING APRIL FIRST, TWO THOUSAND NINE.
  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, 2010.

                                 PART BB

  Intetionally omitted.

                                 PART CC

  Intetionally omitted.

                                 PART DD

  Intetionally omitted.

S. 6606--B                         178                        A. 9706--C

                                 PART EE

  Section  1.   Section 180 of the agriculture and markets law, as added
by chapter 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, SUCH 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 2. Section 775 of the county law is amended to read as follows:
  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. 6606--B                         179                        A. 9706--C

  S  3.  Subdivision  7  of section 176-b of the town law, as separately
amended by chapters 302, 314, 468 and  474  of  the  laws  of  2009,  is
amended to read as follows:
  7.  (A)  The  membership  of  any  volunteer  firefighter shall not be
continued pursuant to subdivision five  of  this  section,  and  persons
shall  not  be elected to membership pursuant to subdivision six of this
section, if, by so doing, the percentage of such non-resident members in
the fire company would  exceed  forty-five  per  centum  of  the  actual
membership of the fire company, provided however, that the provisions of
this  subdivision  shall  not  apply  to  the memberships of the Shelter
Island Heights fire district, the Cherry Grove fire district,  the  Fire
Island Pines fire district, the Davis Park fire department, and the Cold
Spring  Harbor  fire  district  in  Suffolk county, the New Hampton fire
district, the Mechanicstown fire district, the Pocatello fire  district,
the  Washington Heights fire district and the Good Will fire district in
Orange county, the Jericho fire district and the Westbury fire  district
in  Nassau  county, the Orangeburg fire district in Rockland county, the
South Lockport Fire Company  and  the  Terry's  Corners  volunteer  fire
company  in  Niagara  County, the Taunton fire district and the Onondaga
Hill fire department in  Onondaga  county,  the  Town  of  Batavia  fire
department in Genesee County, the Schuyler Heights fire district and the
Slingerlands  fire  district  I in Albany county, the town of Providence
fire district in Saratoga county, the River Road fire district, No. 3 in
Erie county, the Sir William Johnson Fire Company in Fulton county,  the
Fort  Johnson  Fire  district in Montgomery county or the memberships of
the Millwood fire district, the Purchase Fire District, the North Castle
South Fire District, No. 1 in Westchester  county,  the  Thornwood  fire
company, No. 1 in Westchester county and the Rockland Lake fire district
in Rockland county.
  (B)  UPON  APPLICATION BY A FIRE DISTRICT OR FIRE COMPANY TO THE STATE
FIRE ADMINISTRATOR, THE REQUIREMENTS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION  SHALL  BE  WAIVED, PROVIDED THAT NO ADJACENT FIRE DISTRICT OBJECTS
WITHIN SIXTY DAYS OF NOTICE, PUBLISHED IN THE STATE REGISTER.  ANY  SUCH
OBJECTION  SHALL  BE  MADE  IN  WRITING  TO THE STATE FIRE ADMINISTRATOR
SETTING FORTH THE REASONS SUCH WAIVER SHOULD NOT BE  GRANTED.  IN  CASES
WHERE AN OBJECTION IS PROPERLY FILED, THE STATE FIRE ADMINISTRATOR SHALL
HAVE  THE  AUTHORITY  TO  GRANT  A  WAIVER UPON CONSIDERATION OF (1) THE
DIFFICULTY OF THE FIRE COMPANY OR DISTRICT IN RETAINING  AND  RECRUITING
ADEQUATE  PERSONNEL;  (2)  ANY  ALTERNATIVE  MEANS AVAILABLE TO THE FIRE
COMPANY OR DISTRICT TO ADDRESS SUCH DIFFICULTIES; AND (3) THE IMPACT  OF
SUCH WAIVER ON ADJACENT FIRE DISTRICTS.
  S 4. Section 578 of the real property tax law, as added by chapter 636
of the laws of 1970, is amended to read as follows:
  S  578.  County assistance under cooperative agreements. 1. The legis-
lative bodies of the counties and the governing boards  of  the  cities,
towns,  villages  and  school  districts or appropriate officers thereof
authorized by such legislative body or governing board, as the case  may
be,  shall  have  power to enter into contracts with each other for data
processing and other mechanical assistance in the preparation of assess-
ment rolls, tax rolls, tax bills and other assessment and  property  tax
records  and  for  supplies  of  field books, assessment rolls and other
assessment and property tax forms.
  2. (A) THE LEGISLATIVE BODY OF A COUNTY AND THE GOVERNING BODY OF  ANY
CITY,  TOWN,  VILLAGE OR SCHOOL DISTRICT THEREIN SHALL HAVE THE POWER TO
ENTER INTO CONTRACTS WITH EACH OTHER FOR THE COLLECTION OF TAXES BY  THE
COUNTY  TREASURER.  SUCH  AN  AGREEMENT  MAY EITHER AUTHORIZE THE COUNTY

S. 6606--B                         180                        A. 9706--C

TREASURER TO  COLLECT  TAXES  JOINTLY  AND  CONCURRENTLY  WITH  THE  TAX
COLLECTING  OFFICER  OF  SUCH CITY, TOWN, VILLAGE OR SCHOOL DISTRICT, OR
MAY DELEGATE TO THE COUNTY TREASURER THE SOLE AND EXCLUSIVE AUTHORITY TO
COLLECT  TAXES FOR SUCH CITY, TOWN, VILLAGE OR SCHOOL DISTRICT.  SUCH AN
AGREEMENT SHALL BE CONSIDERED  A  MUNICIPAL  COOPERATION  AGREEMENT  FOR
PURPOSES  OF  ARTICLE  FIVE-G  OF THE GENERAL MUNICIPAL LAW AND SHALL BE
SUBJECT TO ALL PROVISIONS THEREOF.  ANY SUCH AGREEMENT SHALL BE APPROVED
BY BOTH THE CITY, TOWN, VILLAGE OR SCHOOL DISTRICT AND THE COUNTY, BY  A
MAJORITY VOTE OF THE VOTING STRENGTH OF EACH GOVERNING BODY.
  (B) AN AGREEMENT THAT AUTHORIZES THE COUNTY TREASURER TO COLLECT TAXES
JOINTLY  AND  CONCURRENTLY WITH THE TAX COLLECTING OFFICER OF SUCH CITY,
TOWN, VILLAGE OR SCHOOL DISTRICT SHALL HAVE NO EFFECT UPON  THE  TENURE,
POWERS  OR  DUTIES  OF THE INCUMBENT TAX COLLECTING OFFICER, EXCEPT THAT
THE COUNTY TREASURER SHALL ALSO BE CONSIDERED A TAX  COLLECTING  OFFICER
OF  THE  CITY, TOWN, VILLAGE OR SCHOOL DISTRICT, WITH ALL THE POWERS AND
DUTIES THEREOF. IN NO CASE SHALL  SUCH  AN  AGREEMENT  BE  CONSTRUED  TO
EMPOWER  THE  TAX  COLLECTING OFFICER OF A CITY, TOWN, VILLAGE OR SCHOOL
DISTRICT TO COLLECT TAXES THAT HAVE BEEN RETURNED TO THE COUNTY TREASUR-
ER AS UNPAID.
  (C) AN AGREEMENT THAT DELEGATES TO THE COUNTY TREASURER THE  SOLE  AND
EXCLUSIVE  AUTHORITY  TO  COLLECT  TAXES FOR SUCH CITY, TOWN, VILLAGE OR
SCHOOL DISTRICT SHALL HAVE THE EFFECT OF MAKING THE COUNTY TREASURER THE
SOLE TAX COLLECTING OFFICER  OF  SUCH  CITY,  TOWN,  VILLAGE  OR  SCHOOL
DISTRICT,  AND OF ABOLISHING THE SEPARATE OFFICE OF TAX COLLECTING OFFI-
CER IN SUCH CITY, TOWN, VILLAGE OR SCHOOL DISTRICT, FOR AS LONG  AS  THE
AGREEMENT  SHALL  BE IN EFFECT. PROVIDED, HOWEVER, THAT IF THE OFFICE TO
BE ABOLISHED IS ELECTIVE, THE  AGREEMENT  SHALL  BE  SUBMITTED  FOR  THE
APPROVAL OF THE ELECTORS OF THE CONTRACTING CITY, TOWN OR VILLAGE IN THE
MANNER  PROVIDED BY SECTION TWENTY-THREE OF THE MUNICIPAL HOME RULE LAW.
PROVIDED FURTHER, THAT SUCH AN AGREEMENT SHALL NOT  TAKE  EFFECT  DURING
THE  TERM  OF  AN  INCUMBENT  TAX  COLLECTING OFFICER, UNLESS THE OFFICE
SHOULD BECOME VACANT PRIOR TO THE EXPIRATION  OF  SUCH  TERM.  UPON  THE
TERMINATION  OF  SUCH AN AGREEMENT, THE OFFICE OF TAX COLLECTING OFFICER
SHALL BE DEEMED REESTABLISHED AS AN APPOINTIVE OFFICE OF THE CITY, TOWN,
VILLAGE OR SCHOOL DISTRICT, UNLESS SUCH OFFICE HAS BEEN ABOLISHED OR ITS
FUNCTIONS TRANSFERRED TO ANOTHER OFFICER PURSUANT TO LAW.
  S 5. This act shall take effect immediately.

                                 PART FF

  Section 1. Subdivision 1 of section 103 of the general municipal  law,
as amended by section 1 of part D of chapter 494 of the laws of 2009, 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  thirty-five  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

S. 6606--B                         181                        A. 9706--C

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 HER or its discretion, reject all bids and  readvertise  for  new
bids  in  the manner provided by this section.  IN DETERMINING WHETHER A
PURCHASE IS AN EXPENDITURE WITHIN THE  DISCRETIONARY  THRESHOLD  AMOUNTS
ESTABLISHED BY THIS SUBDIVISION, THE OFFICER, BOARD OR AGENCY OF A POLI-
TICAL  SUBDIVISION OR OF ANY DISTRICT THEREIN SHALL CONSIDER THE REASON-
ABLY EXPECTED AGGREGATE AMOUNT OF ALL PURCHASES OF THE SAME COMMODITIES,
SERVICES OR  TECHNOLOGY  TO  BE  MADE  WITHIN  THE  TWELVE-MONTH  PERIOD
COMMENCING  ON  THE DATE OF PURCHASE. PURCHASES OF COMMODITIES, SERVICES
OR TECHNOLOGY SHALL NOT BE  ARTIFICIALLY  DIVIDED  FOR  THE  PURPOSE  OF
SATISFYING  THE  DISCRETIONARY  BUYING  THRESHOLDS  ESTABLISHED  BY THIS
SUBDIVISION. A CHANGE TO OR A RENEWAL OF A DISCRETIONARY PURCHASE  SHALL
NOT  BE  PERMITTED  IF  THE CHANGE OR RENEWAL WOULD BRING THE REASONABLY
EXPECTED AGGREGATE AMOUNT OF ALL  PURCHASES  OF  THE  SAME  COMMODITIES,
SERVICES  OR  TECHNOLOGY  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.  For  purposes  of  this
section,  "sealed  bids",  as  that  term applies to purchase contracts,
shall  include  bids  submitted  in  an  electronic   format   INCLUDING
SUBMISSION  OF  THE  STATEMENT  OF NON-COLLUSION REQUIRED BY SECTION ONE
HUNDRED THREE-D OF THIS ARTICLE, 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], FOR TECHNOLOGY CONTRACTS ONLY, 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  desig-
nated  by  the  political  subdivision  or  district. Any method used to
receive electronic bids shall comply with article  three  of  the  state
technology law, and any rules and regulations promulgated and guidelines
developed  thereunder  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 established 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 responsibility solely of each bidder or  prospective  bidder.  No
political subdivision 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 2. Subdivision 1 of section 103 of the  general  municipal  law,  as
amended  by  chapter  413  of  the  laws  of 1991, 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]  THIRTY-FIVE  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 political 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 DETERMINING WHETHER A

S. 6606--B                         182                        A. 9706--C

PURCHASE IS AN EXPENDITURE WITHIN THE  DISCRETIONARY  THRESHOLD  AMOUNTS
ESTABLISHED BY THIS SUBDIVISION, THE OFFICER, BOARD OR AGENCY OF A POLI-
TICAL  SUBDIVISION OR OF ANY DISTRICT THEREIN SHALL CONSIDER THE REASON-
ABLY EXPECTED AGGREGATE AMOUNT OF ALL PURCHASES OF THE SAME COMMODITIES,
SERVICES  OR  TECHNOLOGY  TO  BE  MADE  WITHIN  THE  TWELVE-MONTH PERIOD
COMMENCING ON THE DATE OF PURCHASE. PURCHASES OF  COMMODITIES,  SERVICES
OR  TECHNOLOGY  SHALL  NOT  BE  ARTIFICIALLY  DIVIDED FOR THE PURPOSE OF
SATISFYING THE  DISCRETIONARY  BUYING  THRESHOLDS  ESTABLISHED  BY  THIS
SUBDIVISION.  A CHANGE TO OR A RENEWAL OF A DISCRETIONARY PURCHASE SHALL
NOT BE PERMITTED IF THE CHANGE OR RENEWAL  WOULD  BRING  THE  REASONABLY
EXPECTED  AGGREGATE  AMOUNT  OF  ALL  PURCHASES OF THE SAME COMMODITIES,
SERVICES OR TECHNOLOGY 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. 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 agen-
cy may award the contract to any of such bidders. Such officer, board or
agency may, in his, HER or its discretion, reject all bids and  readver-
tise for new bids in the manner provided by this section.
  S  3.  Subdivision  5  of section 103 of the general municipal law, as
amended by chapter 413 of the laws  of  1991,  is  amended  to  read  as
follows:
  5.  Upon  the  adoption  of  a resolution by a vote of at least three-
fifths of all the members of the governing body of a political  subdivi-
sion  or  district  therein  stating  that, for reasons of efficiency or
economy, there is need for standardization,  purchase  contracts  for  a
particular type or kind of equipment, material or supplies [of more than
ten  thousand  dollars]  IN  EXCESS  OF THE MONETARY THRESHOLD FIXED FOR
PURCHASE CONTRACTS IN THIS SECTION may be  awarded  by  the  appropriate
officer,  board  or  agency  of  such  political subdivision or any such
district therein,  to  the  lowest  responsible  bidder  furnishing  the
required  security  after  advertisement for sealed bids therefor in the
manner provided in this section. Such resolution shall  contain  a  full
explanation of the reasons for its adoption.
  S 4. Section 103-d of the general municipal law, as amended by chapter
675 of the laws of 1966, is amended to read as follows:
  S 103-d. Statement of non-collusion in bids and proposals to political
subdivision  of  the state. 1. Every bid or proposal hereafter made to a
political subdivision of the state or any public department,  agency  or
official thereof where competitive bidding is required by statute, rule,
regulation  or  local  law,  for  work  or  services  performed or to be
performed or goods sold or to  be  sold,  shall  contain  the  following
statement  subscribed  by the bidder and affirmed by such bidder as true
under the penalties of perjury: Non-collusive bidding certification.
  "(a) By submission of this bid, each bidder and each person signing on
behalf of any bidder certifies, and in the case  of  a  joint  bid  each
party  thereto  certifies  as  to its own organization, under penalty of
perjury, that to the best of knowledge and belief:
  (1) The prices in this bid have been arrived at independently  without
collusion, consultation, communication, or agreement, for the purpose of
restricting  competition,  as to any matter relating to such prices with
any other bidder or with any competitor;

S. 6606--B                         183                        A. 9706--C

  (2) Unless otherwise required by law, the prices which have been quot-
ed in this bid have not been knowingly disclosed by the bidder and  will
not  knowingly  be disclosed by the bidder prior to opening, directly or
indirectly, to any other bidder or to any competitor; and
  (3)  No  attempt has been made or will be made by the bidder to induce
any other person, partnership or corporation to submit or not to  submit
a bid for the purpose of restricting competition. "
  (A-1)  NOTWITHSTANDING  THE  FOREGOING, THE STATEMENT OF NON-COLLUSION
MAY BE SUBMITTED ELECTRONICALLY IN ACCORDANCE  WITH  THE  PROVISIONS  OF
SUBDIVISION  ONE  OF  SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL
LAW.
  (b) A bid shall not be considered for award nor  shall  any  award  be
made  where  (a)  (1)  (2)  and  (3)  above have not been complied with;
provided however, that if in any case the bidder cannot make the forego-
ing certification, the bidder shall so state and shall furnish with  the
bid  a signed statement which sets forth in detail the reasons therefor.
Where (a) (1) (2) and (3) above have not been  complied  with,  the  bid
shall not be considered for award nor shall any award be made unless the
head of the purchasing unit of the political subdivision, public depart-
ment, agency or official thereof to which the bid is made, or his desig-
nee,  determines  that  such  disclosure was not made for the purpose of
restricting competition.
  The fact that a bidder  (a)  has  published  price  lists,  rates,  or
tariffs  covering  items  being  procured,  (b) has informed prospective
customers of proposed or pending publication of  new  or  revised  price
lists  for such items, or (c) has sold the same items to other customers
at the same prices being bid,  does  not  constitute,  without  more,  a
disclosure within the meaning of subparagraph one (a).
  2. Any bid hereafter made to any political subdivision of the state or
any  public department, agency or official thereof by a corporate bidder
for work or services performed or to be performed or goods sold or to be
sold, where competitive bidding is  required  by  statute,  rule,  regu-
lation,  or  local  law,  and  where such bid contains the certification
referred to in subdivision one of this section, shall be deemed to  have
been  authorized  by  the  board  of  directors  of the bidder, and such
authorization shall be deemed to include the signing and  submission  of
the bid and the inclusion therein of the certificate as to non-collusion
as the act and deed of the corporation.
  S 5. Intentionally omitted.
  S 6. Intentionally omitted.
  S 7. Intentionally omitted.
  S 8. Intentionally omitted.
  S 9. Intentionally omitted.
  S  10. Subdivision 7 of section 163 of the state finance law, as sepa-
rately amended by sections 12 and 20 of chapter 137 of the laws of 2008,
is amended and a new subdivision 7-a is added to read as follows:
  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  INCLUDING SUBMISSION OF THE
STATEMENT OF NON-COLLUSION REQUIRED BY SECTION ONE HUNDRED THIRTY-NINE-D
OF THIS CHAPTER and may, for technology contracts [only,] AND, IN  ADDI-
TION,  FOR  THE PERIOD FROM JULY FIRST, TWO THOUSAND TEN, TO JULY FIRST,
TWO THOUSAND TWELVE, FUELS  (HOME  HEATING,  DIESEL,  GASOLINE,  NATURAL

S. 6606--B                         184                        A. 9706--C

GAS),  ROAD  SALT,  RECYCLED PAPER, TIRES, TELECOMMUNICATIONS EQUIPMENT,
INDUSTRIAL SUPPLIES (TOOLS, EQUIPMENT), BITUMINOUS  MATERIALS,  DRAINAGE
AND  CULVERT  PIPE,  AND  ROAD  AGGREGATE  (GRAVEL),  require electronic
submission  as the sole method for the submission of bids for the solic-
itation, 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 offerers 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  determi-
nation  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 eval-
uation 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.
  7-A. ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND TWELVE, THE COMMISSION-
ER  OF THE OFFICE OF GENERAL SERVICES SHALL SUBMIT TO THE SPEAKER OF THE
ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE A REPORT DESCRIBING:
  (A) THE NUMBER OF TIMES THE OFFICE OF GENERAL SERVICES REQUIRED  ELEC-
TRONIC  SUBMISSION  AS  THE SOLE METHOD BY WHICH BIDS COULD BE SUBMITTED
FOR THE PERIOD FROM JULY FIRST, TWO THOUSAND TEN THROUGH DECEMBER  THIR-
TY-FIRST, TWO THOUSAND ELEVEN;
  (B)  THE  ESTIMATED  SAVINGS TO THE STATE AS A RESULT OF THE OFFICE OF
GENERAL SERVICES REQUIRING ELECTRONIC SUBMISSION AS THE SOLE  METHOD  BY
WHICH  BIDS  COULD  BE  SUBMITTED  IN RESPONSE TO A SOLICITATION AND THE
BASIS ON WHICH THE ESTIMATE IS MADE;
  (C) TO THE EXTENT PRACTICABLE, THE  SIZE,  MINORITY-  AND  WOMEN-OWNED
BUSINESS  ENTERPRISE  COMPOSITION  AND  GEOGRAPHIC DISTRIBUTION OF THOSE
VENDORS THAT SUBMITTED BIDS IN RESPONSE TO AN OFFICE OF GENERAL SERVICES
SOLICITATION WHERE ELECTRONIC SUBMISSION WAS THE SOLE  METHOD  BY  WHICH
BIDS COULD BE SUBMITTED FOR THE PERIOD FROM JULY FIRST, TWO THOUSAND TEN
TO DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN; AND
  (D)  TO  THE  EXTENT  PRACTICABLE, THE SIZE, MINORITY- AND WOMEN-OWNED
BUSINESS ENTERPRISE COMPOSITION AND  GEOGRAPHIC  DISTRIBUTION  OF  THOSE
VENDORS THAT SUBMITTED BIDS IN RESPONSE TO AN OFFICE OF GENERAL SERVICES
SOLICITATION  FOR THOSE CONTRACTS DESCRIBED IN SUBDIVISION SEVEN OF THIS
SECTION FOR THE PERIOD FROM JULY FIRST, TWO THOUSAND EIGHT THROUGH  JUNE
THIRTIETH, TWO THOUSAND TEN.
  S  11.  Subdivision  1  of  section  139-d of the state finance law is
amended by adding a new paragraph (a-1) to read as follows:
  (A-1) NOTWITHSTANDING THE FOREGOING, THE  STATEMENT  OF  NON-COLLUSION
MAY  BE  SUBMITTED  ELECTRONICALLY  IN ACCORDANCE WITH THE PROVISIONS OF
SUBDIVISION SEVEN OF  SECTION  ONE  HUNDRED  SIXTY-THREE  OF  THE  STATE
FINANCE LAW.
  S  12.  Section  20 of the public buildings law, as amended by chapter
640 of the laws of 1989, is amended to read as follows:
  S 20. Work done  by  special  order.    The  commissioner  of  general
services  shall  determine  when  minor  work  of  construction,  recon-
struction, alteration or repair of any state building  may  be  done  by
special  order.  Special  orders  for  such  work  shall  be  short-form
contracts approved by the attorney general and by  the  comptroller.  No
work  shall  be  done by special order in an amount in excess of [fifty]
ONE HUNDRED thousand dollars and  a  bond  shall  not  be  required  for
special  orders.  No  work  shall  be  done  by special order unless the

S. 6606--B                         185                        A. 9706--C

commissioner has presented to the comptroller evidence that he has  made
a diligent effort to obtain competition sufficient to protect the inter-
ests of the state prior to selecting the contractor to perform the work.
Notwithstanding  the  provisions  of subdivision two of section eight of
this chapter, work done by special  order  under  this  section  may  be
advertised solely through the regular public notification service of the
office of general services.  At least five days shall elapse between the
first  publication  of  such public notice and the date so specified for
the public opening of bids.   All payments on special  orders  shall  be
made  on  the  certificate  of  the commissioner of general services and
audited and approved by the state comptroller. All special orders  shall
contain  a  clause that the special order shall only be deemed executory
to the extent of the moneys available and no liability shall be incurred
by the state beyond the moneys available for the purpose.
  S 12-a. Intentionally omitted.
  S 13. This act shall take effect immediately and shall  apply  to  any
contract let or awarded on or after such date; provided, however, that:
  1.  the  amendments  to  subdivision  1  of section 103 of the general
municipal law made by section one of this act shall not affect the expi-
ration and reversion of such subdivision as provided in subdivision  (a)
of  section  41 of part X of chapter 62 of the laws of 2003, as amended,
when upon such date the provisions of section two of this act shall take
effect; and
  2. the amendments to section 103-d of the general municipal  law  made
by  section  four of this act shall expire and be deemed repealed on the
same date and in the same manner as section 4 of part X of chapter 62 of
the laws of 2003, as provided in subdivision (a) of section 41 of part X
of chapter 62 of the laws of 2003, as amended; and
  3. the amendments to subdivision 7 of section 163 of the state finance
law made by section ten of this act shall not affect the repeal of  such
subdivision and shall be deemed repealed therewith; and
  4.  the  amendments  to section 139-d of the state finance law made by
section eleven of this act shall expire and be deemed  repealed  on  the
same date and in the same manner as section 33 of chapter 83 of the laws
of  1995,  as  provided in subdivision 5 of section 362 of chapter 83 of
the laws of 1995, as amended.

                                 PART GG

  Intentionally omitted.

                                 PART HH

  Intentionally omitted.

                                 PART II

  Intentionally omitted.

                                 PART JJ

  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):

S. 6606--B                         186                        A. 9706--C

  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 - 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).
  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. Civil service law: sec 11 admin account (09).
  d. Civil service EHS occupational health program account (10).
  e. Banking services account (12).
  f. Cultural resources survey account (14).
  g. Neighborhood work project (17).
  h. Automation & printing chargeback account (18).
  i. OFT NYT account (20).
  j. Data center account (23).
  k. Human service telecom account (24).
  l. Centralized Technology services account (30).
  m. OMRDD copy center account (26).
  n. Intrusion detection account (27).

S. 6606--B                         187                        A. 9706--C

  o. Domestic violence grant account (28).
  p. Learning management system account.
  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. Energy research account (60).
  n. Criminal justice improvement account (62).
  o. Fingerprint identification and technology account (68).
  p. Environmental laboratory reference fee account (81).
  q. Clinical laboratory reference system assessment account (90).
  r. Public employment relations board account (93).
  s. Radiological health protection account (95).
  t. Teacher certification account (A4).
  u. Banking department account (A5).
  v. Cable television account (A6).
  w. Indirect cost recovery account (AH).
  x. High school equivalency program account (AI).
  y. Rail safety inspection account (AQ).
  z. Child support revenue account (AX).
  aa. Multi-agency training account (AY).
  bb. Critical infrastructure account (B3).
  cc. Insurance department account (B6).
  dd. Bell jar collection account (BJ).
  ee. Industry and utility service account (BK).
  ff. Real property disposition account (BP).
  gg. Parking account (BQ).
  hh. Asbestos safety training program account (BW).
  ii. Improvement of real property tax administration account (BZ).
  jj. Public service account (C3).
  kk. Batavia school for the blind account (D9).
  ll. Investment services account (DC).
  mm. Surplus property account (DE).
  nn. OMRDD day services account (DH).
  oo. Financial oversight account (DI).
  pp. Regulation of indian gaming account (DT).
  qq. Special conservation activities account (CU).
  rr. Interest assessment account (DZ).
  ss. Office of the professions account (E3).
  tt. Rome school for the deaf account (E6).
  uu. Seized assets account (E8).
  vv. Administrative adjudication account (E9).
  ww. Federal salary sharing account (EC).
  xx. Cultural education account (EN).
  yy. Examination and miscellaneous revenue account (ER).
  zz. Transportation regulation account (F1).
  aaa. Local services account (G3).

S. 6606--B                         188                        A. 9706--C

  bbb.  Electronic  benefit  transfer  and common benefit identification
card account (GD).
  ccc. Housing special revenue account (H2).
  ddd. Department of motor vehicles compulsory insurance account (H7).
  eee. Housing Indirect cost recovery (HI).
  fff. Housing credit agency application fee account (J5).
  ggg. EPIC premium account (J6).
  hhh. Federal gasoline and diesel fuel excise tax account (L6).
  iii. OTDA earned revenue account (L7).
  jjj. Low income housing credit monitoring fee account (NG).
  kkk. Procurement opportunities newsletter account (P4).
  lll. Corporation administration account (P6).
  mmm. Montrose veteran's home account (Q6).
  nnn. Excelsior capital corporation reimbursement account (R1).
  ooo. Motor fuel quality account (R4).
  ppp. Deferred compensation administration account (R7).
  qqq. Rent revenue other account (RR).
  rrr. Batavia medicaid income account (S1).
  sss. Rent revenue account (S8).
  ttt. Tax revenue arrearage account (TR).
  uuu. Solid waste management account (W3).
  vvv. Occupational health clinics account (W4).
  www. Capacity contracting (XU).
  xxx. Point insurance reduction program account.
  yyy. Internet point insurance reduction program account.
  zzz. Mental hygiene program fund account (10).
  aaaa. Third party debt collection account.
  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):
  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).

S. 6606--B                         189                        A. 9706--C

  36. Correctional facilities capital improvement fund (399).
  37. 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 1-a. The state comptroller is hereby authorized and directed to loan
money  in  accordance  with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within  the  following
federal  funds,  provided  the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse  such
loans:
  1. Federal USDA-food 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).
  7. Federal unemployment insurance administration fund (480).
  8. Federal unemployment insurance occupational training fund (484).
  9. Federal employment and training grants (486).
  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, 2011, up to the unencumbered balance or the  follow-
ing amounts:
  Economic Development and Public Authorities:
  1.  $100,000  from the miscellaneous special revenue fund (339) under-
ground facilities safety training account (US), to the general fund.
  2. An amount up to the unencumbered  balance  from  the  miscellaneous
special  revenue  fund  (339),  business  and licensing services account
(AG), to the general fund.
  3. $14,810,000 from the miscellaneous special revenue fund (339), code
enforcement account (07), to the general fund.
  Education:
  1. $2,231,000,000 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. $862,000,000 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).

S. 6606--B                         190                        A. 9706--C

  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. $55,000,000 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. $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).
  11. $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).
  12. $8,318,000 from the general fund to the  state  university  income
fund (345), state university income offset account (11), for the state's
share of repayment of the STIP loan.
  13.  Up  to  $4,000,000  from  the  miscellaneous special revenue fund
(339), office of the professions  account  (E3),  to  the  miscellaneous
special  revenue fund (339), education assessment account, notwithstand-
ing the provisions of subdivision 3  of  section  97-nnn  of  the  state
finance  law,  or  any  other  law,  rule or regulation to the contrary,
subject to the approval of the director of the budget of an  expenditure
plan submitted by the commissioner of education.
  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. $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.
  4. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue  federal
funds  to  the  special  revenue  fund (339) federal grant indirect cost
recovery account (Z1).
  5. $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).
  6.  $105,000  from the state exposition special fund (325), state fair
receipts account (01), to the general fund.
  7. $10,000,000 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.
  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

S. 6606--B                         191                        A. 9706--C

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).
  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 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. $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).
  8.  $100,728,000  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).
  9. $2,500,000 from any of  the  office  of  temporary  and  disability
assistance  or  office  of  children and family services special revenue
federal funds to the miscellaneous special revenue fund (339), office of
temporary and disability assistance program account (AL).
  10. $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).
  11. $24,170,000 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).
  12. $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).
  13. $10,073,000 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).
  14. $222,000,000 from the miscellaneous special  revenue  fund  (339),
youth facility per Diem account (YF), to the general fund.

S. 6606--B                         192                        A. 9706--C

  15.  $10,000,000  from  any  of the office of temporary and disability
assistance special revenue federal funds, to the  miscellaneous  special
revenue fund (339), electronic benefit transfer and common benefit iden-
tification card account (GD).
  16. $1,381,800 from the general fund to the combined gifts, grants and
bequests fund (020), WB Hoyt Memorial account (78).
  17.  $7,000,000  from  any  of  the office of temporary and disability
assistance accounts within the federal health and  human  services  fund
(265), to the general fund.
  18.  $1,300,000  from  any  of  the office of temporary and disability
assistance and department of health special revenue federal funds to the
miscellaneous special  revenue  fund  (339)  welfare  inspector  general
administrative reimbursement account (WW).
  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. $22,335,000 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. $23,000,000 from the miscellaneous  special  revenue  fund  (339),
revenue arrearage account (CR), to the general fund.
  11.  $1,826,000  from  the  miscellaneous  special  revenue fund (339)
revenue arrearage account (CR), to  the  miscellaneous  special  revenue
fund (339) authority budget office account.
  12.  $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.
  13. $11,000,000 from the general fund  to  the  miscellaneous  special
revenue fund (339), statewide financial system account (FM).
  14.  $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.
  15.  $2,000,000  from  the  miscellaneous  special revenue fund (339),
procurement account (CH), to the general fund.
  16. $10,000,000 from the centralized services fund (323), OGS building
administration account (ZY), to the general fund.
  Health:
  1. $12,000,000 from any of the department of  health  accounts  within
the federal health and human services fund (265) to the general fund.
  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).

S. 6606--B                         193                        A. 9706--C

  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. $70,000,000 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. $8,000,000 from the labor standards miscellaneous  special  revenue
fund (339), fee and penalty account (30), to the general fund.
  3.  $10,500,000  from  the unemployment insurance interest and penalty
special revenue fund (482), unemployment insurance special interest  and
penalty account (01), to the general fund.
  4.  $2,700,000  from the labor standards miscellaneous special revenue
fund (339), public work enforcement account (BA), to the general fund.
  5. $1,500,000 from the training and education program on  occupational
safety  and health fund (305), occupational safety and health inspection
account (02), 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).
  2.  $240,000,000  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).
  3.  $190,000,000  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).

S. 6606--B                         194                        A. 9706--C

  4.  $150,000,000  from  the  general fund to the miscellaneous special
revenue fund (339), mental hygiene patient income account (13).
  5.  $150,000,000  from  the  general fund to the miscellaneous special
revenue fund (339), mental hygiene program fund account (10).
  6. $300,000,000 from the miscellaneous  special  revenue  fund  (339),
mental hygiene program fund account (10) to the general fund.
  7.  $150,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene patient income account (13) to the general fund.
  8. $750,000 from the federal  operating  grants  fund  (290),  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. $8,677,000 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).
  7. $10,000,000 from federal miscellaneous operating grants fund (290),
DMNA damage account (71), to the general fund.
  8.  $16,000,000  from  the  general  fund to the miscellaneous special
revenue fund (339), crimes against revenue program account (CA).
  9. $2,000,000 from the general  fund  to  the  Attica  state  employee
victims' fund (013).
  10.  $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.
  11.  $11,500,000  from the federal miscellaneous operating grants fund
(290) world trade center account, to the general fund.
  12. $13,000,000 from the  miscellaneous  special  revenue  fund  (339)
criminal justice improvement account (62) to the general fund.
  13. $8,000,000 from the miscellaneous special revenue fund (390) indi-
gent legal services fund (01) to the general fund.
  14.  $1,500,000  from  the  agency  enterprise fund (331) farm program
account (FM), to the general fund.
  15. $45,000,000 from the miscellaneous  special  revenue  fund  (339),
statewide  public  safety  communications  account  (LZ), to the general
fund.
  16. $5,000,000 from the general  fund  to  the  miscellaneous  special
revenue fund (339) legal services assistance account (IM).
  17.  $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 (NY).
  Transportation:

S. 6606--B                         195                        A. 9706--C

  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. $14,300,000 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. $19,000,000 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.  $764,736,000  from  the  general fund to the dedicated highway and
bridge trust fund (072).
  8. $803,000 from the miscellaneous special revenue fund (339), surplus
property account (42), to the general fund.
  9. $600,000 from the miscellaneous special revenue fund (339),  inter-
net point insurance reduction program account (IC), to the general fund.
  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, 2011:
  1. Upon request of the commissioner of environmental conservation,  up
to  $10,733,000 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $3,135,800  from
the  environmental protection and oil spill compensation fund (303), and
$1,739,600 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) to the miscellaneous capital projects fund (387),
state fair capital improvement account (13).
  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

S. 6606--B                         196                        A. 9706--C

funds, to the miscellaneous special revenue fund  (339),  administration
account (AP).
  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.  On  or before March 31, 2011, the comptroller is authorized and
directed to transfer the unencumbered balance from  the  family  benefit
fund (329) to the general fund.
  S 6. On or before March 31, 2011, the comptroller is hereby authorized
and  directed  to  deposit  earnings  that would otherwise accrue to the
general fund that are attributable to the operation of section  98-a  of
the  state  finance  law,  to  the agencies internal service fund (334),
banking services  account  (12),  for  the  purpose  of  meeting  direct
payments from such account.
  S  7.  Notwithstanding  any law to the contrary, upon the direction of
the director of the budget and upon requisition by state  university  of
New  York,  the dormitory authority of the state of New York is directed
to transfer, up to $22,000,000 in revenues generated from  the  sale  of
notes or bonds, to the state university of New York for reimbursement of
bondable equipment for further transfer to the state's general fund.
  S  8.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer monies, upon request of  the  director  of  the
budget,  on  or  before March 31, 2011, 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 $350 million.
  S 9. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, at the request of the director of the budget,
up to $500 million from the unencumbered balance of any special  revenue
fund  or  account,  or combination of funds and accounts, to the general
fund. The amounts transferred pursuant to this authorization shall be in
addition to any other transfers  expressly  authorized  in  the  2010-11
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  10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $75 million from the unencumbered balance of any non-general fund
or account, or combination of funds and accounts, to the  general  fund.
The amounts transferred pursuant to this authorization shall be equal to
those  savings  achieved  in such non-general funds as a result of work-
force savings actions  and  are  in  addition  to  any  other  transfers
expressly  authorized.    Transfers from federal funds are not permitted
pursuant 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. 6606--B                         197                        A. 9706--C

  S 11. Intentionally omitted.
  S 12. Intentionally omitted.
  S 13.  Notwithstanding any provision of law to the contrary, the foun-
dation  for  science,  technology and innovation, as deemed feasible and
advisable by its board of directors, is authorized and directed to  make
a  contribution  to the state treasury to the credit of the general fund
in the amount of $500,000 for the fiscal year commencing April 1, 2010.
  S 14.  Notwithstanding any law to the contrary, the insurance  depart-
ment  shall  finance  the  annual expenses related to its activities and
operations from revenues derived from assessments  upon  those  entities
required  to  pay such assessments pursuant to section 332 of the insur-
ance law. For state fiscal year 2010-11, the total value of  the  annual
assessment  will be equal to the total value of the department's enacted
appropriations.  In such instances where the total value of  the  annual
industry  assessment  exceeds actual annual expenses of the department's
operations and activities, in accordance with section  4  of  the  state
finance law, the comptroller is hereby authorized and directed to trans-
fer,  at  the  request  of  the director of the budget, any unencumbered
monies of the special revenue fund (339)  insurance  department  account
(b6),  that  comprise  the  difference  of the total value of the annual
industry assessment and the actual annual expenses of  the  department's
operations  and  activities,  to the general fund on or before March 31,
2011.
  S 15. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
amended  by  section  1 of part F of chapter 109 of the laws of 2010, 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 ten, the state  comptroller  is
hereby  authorized  and directed to deposit to the fund created pursuant
to this section from amounts collected pursuant to article twenty-two of
the tax law and pursuant to a schedule submitted by the director of  the
budget, up to [$496,624,180] $3,308,000,000, 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 ten.
  S 16. Subdivision 6 of section 4 of the state finance law, as  amended
by  section  15 of part RR of chapter 57 of the laws of 2008, is amended
to read as follows:
  6. Notwithstanding any law to the contrary, at the  beginning  of  the
state  fiscal  year,  the  state  comptroller  is  hereby authorized and
directed to receive for deposit to  the  credit  of  a  fund  and/or  an
account  such  monies as are identified by the director of the budget as
having been intended for such deposit to support disbursements from such
fund and/or account made in pursuance of an  appropriation  by  law.  As
soon  as  practicable  upon enactment of the budget, the director of the
budget shall,  but  not  less  than  three  days  following  preliminary
submission  to  the chairpersons of the senate finance committee and the
assembly ways and means committee, file with the  state  comptroller  an
identification  of  specific  monies  to be so deposited. Any subsequent
change regarding the monies to be so deposited shall  be  filed  by  the
director  of the budget, as soon as practicable, but not less than three
days following preliminary submission to the chairpersons of the  senate
finance committee and the assembly ways and means committee.

S. 6606--B                         198                        A. 9706--C

  All monies identified by the director of the budget to be deposited to
the  credit of a fund and/or account shall be consistent with the intent
of the budget for the then current state fiscal year as enacted  by  the
legislature.
  The provisions of this subdivision shall expire on March thirty-first,
two thousand [ten] TWELVE.
  S 17. Subdivision 4 of section 40 of the state finance law, as amended
by  section  16 of part RR of chapter 57 of the laws of 2008, is amended
to read as follows:
  4. Every appropriation made from a fund or account to a department  or
agency shall be available for the payment of prior years' liabilities in
such fund or account for fringe benefits, indirect costs, and telecommu-
nications  expenses  and  expenses  for  other centralized services fund
programs without limit. Every appropriation shall also be available  for
the  payment  of  prior  years'  liabilities  other than those indicated
above, but only to the extent of one-half of one percent  of  the  total
amount appropriated to a department or agency in such fund or account.
  The  provisions  of  this subdivision shall expire March thirty-first,
two thousand [ten] TWELVE.
  S 17-a. The opening paragraph and subdivision (b) of section 2 of part
MM of chapter 59 of the laws of 2008 relating to certain monetary trans-
fers is amended to read as follows:
  In accordance with section 4 of the state finance law, the comptroller
is hereby authorized and directed to transfer from the general  fund  --
state  purposes  account  to  the  community projects fund the following
amounts:
  (b) [One hundred twenty-nine million] SIXTY-NINE MILLION four  hundred
thousand  dollars [($129,400,000)] ($69,400,000) for the period April 1,
2010 through March 31, 2011, as  follows:  [Fifty-five  million  dollars
($55,000,000)]  THIRTY  MILLION  DOLLARS  ($30,000,000)  to  account AA;
[fifty-five  million  dollars  ($55,000,000)]  THIRTY  MILLION   DOLLARS
($30,000,000)  to  account  CC; and [nineteen] NINE million four hundred
thousand dollars [($19,400,000)] ($9,400,000) to account GG. Such trans-
fers shall be made in accordance with section 99-d of the state  finance
law, as added by chapter 474 of the laws of 1996, as amended.
  S  18.  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 19. 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

S. 6606--B                         199                        A. 9706--C

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
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  20.  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  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 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

S. 6606--B                         200                        A. 9706--C

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
authorized by chapter 54 of the laws of 2002 to the department of  envi-
ronmental conservation for Onondaga lake.
  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 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
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

S. 6606--B                         201                        A. 9706--C

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  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 $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 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
2004  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 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, reimbursement from the proceeds of bonds or  notes
issued  by the urban development corporation for a capital appropriation
of $83,500,000 authorized by chapter 53 of the laws of 2006, as  amended
by  chapter 108 of the laws of 2006, for payment of costs related to the
H. H. Richardson complex and the Darwin Martin House, 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  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 of $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

S. 6606--B                         202                        A. 9706--C

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,
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  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 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

S. 6606--B                         203                        A. 9706--C

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
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-

S. 6606--B                         204                        A. 9706--C

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  of  $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
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

S. 6606--B                         205                        A. 9706--C

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 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 of $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
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-

S. 6606--B                         206                        A. 9706--C

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  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 of $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

S. 6606--B                         207                        A. 9706--C

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
of 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  53  of the laws of 2008 of $14,000,000 to the education depart-
ment for library construction, reimbursement from the proceeds of  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
53 of the laws of 2008 of $15,000,000 to the  education  department  for
museum  renewal  projects,  reimbursement  from the proceeds of notes or
bonds issued by the urban development corporation for capital  appropri-
ation 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  appropri-
ation 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 waterfront development projects, reimbursement
from the proceeds of bonds or notes  issued  by  the  urban  development
corporation  for  a  capital  appropriation 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   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  downstate
regional  projects,  reimbursement  from  the proceeds of notes or bonds
issued by the urban development corporation for capital 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 down-
state revitalization projects, reimbursement from the proceeds of  notes
or  bonds issued by the urban development corporation for capital appro-
priation 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  authorized  by chapter 53 of the laws of
2008 to the urban development  corporation  for  services  and  expenses
related   to   the   upstate  agricultural  economic  development  fund,
reimbursement from the proceeds of notes or bonds issued  by  the  urban

S. 6606--B                         208                        A. 9706--C

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
capital  assistance program, 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  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 author-
ized  by  chapter 55 of the laws of 2008 to the urban development corpo-
ration for services and expenses related to the  empire  state  economic
development fund.
  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 of $29,600,000 authorized by  chapter
55  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
chapter 50 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  chapter  50  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 chapter
55 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 chapter 55 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 chapter 55 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  chapter 50 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 chapter 50 of the laws of 2009
to the division  of  state  police  for  rehabilitation  of  facilities,
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry  Authority  of  the State of New York or other financing source for a
capital appropriation authorized by chapter 53 of the laws  of  2009  of
$14,000,000  to the State Education Department for library construction,
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry Authority of the State of New York or other financing  source  for  a
capital  appropriation  of  $4,000,000 to the State Education Department

S. 6606--B                         209                        A. 9706--C

for rehabilitation associated  with  the  St.  Regis  Mohawk  elementary
school  authorized  by  chapter 53 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 chap-
ter  55  of  the  laws  of 2009 to the urban development corporation for
services and expenses related to the empire state  economic  development
fund.
  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 of $29,600,000 authorized by a  chap-
ter  of the laws of 2010 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 $187,285,000 authorized by a
chapter of the laws of 2010 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 $26,950,000 from any capital appropriation or
reappropriation authorized by a chapter of  the  laws  of  2010  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 $19,247,000 authorized by a  chap-
ter of the laws of 2010 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  $5,000,000
authorized  by  a chapter of the laws of 2010 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 2010
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 2010 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 2010
to the division  of  state  police  for  rehabilitation  of  facilities,
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry  Authority  of  the State of New York or other financing source for a
capital appropriation of $14,000,000 authorized by a chapter of the laws
of 2010 to the State Education Department for library  construction  and
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry  Authority  of  the State of New York or other financing source for a
capital appropriation of $42,000,000  for  the  State  preparedness  and
training center.
  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 dormitory authority  and  urban
development  corporation  for  disbursements of up to $8,000,000 from an

S. 6606--B                         210                        A. 9706--C

appropriation authorized by chapter 50 of the  laws  of  2009  for  drug
courts.
  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  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
chapter  53  of  the laws of 2009 to the city university of New York for
various purposes.
  S 32. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary, the state comptroller is hereby authorized and directed to use
any  balance  remaining  in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical  care  facilities  finance  agency,  and  the
facilities development corporation pursuant to chapter 83 of the laws of
1995  and  the  department  of  mental hygiene for the purpose of making
payments to the dormitory authority of the state of  New  York  for  the
amount  of  the  earnings  for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to  the  provisions  of
the  internal  revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal  income  taxation  on  the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. 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 33. (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-

S. 6606--B                         211                        A. 9706--C

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 34. Intentionally omitted.
  S  35.  Subdivision 4 of section 72 of the state finance law, as sepa-
rately amended by chapters 405 and 957 of the laws of 1981,  is  amended
to read as follows:
  4.  (A)  Any  balance  of moneys in any debt service fund in excess of
both the debt principal and interest payments required to be  made  from
such fund during the current fiscal year, or during future fiscal years,
and any reserve requirement established by statute or by a relevant bond
covenant, shall be transferred to the general fund.
  (B)  ON  OR  BEFORE THE BEGINNING OF EACH QUARTER, THE DIRECTOR OF THE
BUDGET MAY CERTIFY TO THE STATE  COMPTROLLER  THE  ESTIMATED  AMOUNT  OF
MONIES  THAT  SHALL BE RESERVED IN THE GENERAL DEBT SERVICE FUND FOR THE
PAYMENT OF DEBT SERVICE AND RELATED EXPENSES PAYABLE BY SUCH FUND DURING
EACH MONTH OF THE STATE FISCAL YEAR, EXCLUDING  PAYMENTS  DUE  FROM  THE
REVENUE  BOND TAX FUND. SUCH CERTIFICATE MAY BE PERIODICALLY UPDATED, AS
NECESSARY. NOTWITHSTANDING ANY PROVISION OF LAW  TO  THE  CONTRARY,  THE
STATE  COMPTROLLER  SHALL  RESERVE  IN THE GENERAL DEBT SERVICE FUND THE
AMOUNT OF MONIES IDENTIFIED ON SUCH CERTIFICATE  AS  NECESSARY  FOR  THE
PAYMENT  OF DEBT SERVICE AND RELATED EXPENSES DURING THE CURRENT OR NEXT
SUCCEEDING QUARTER OF THE STATE FISCAL YEAR. SUCH MONIES RESERVED  SHALL
NOT  BE  AVAILABLE  FOR  ANY  OTHER  PURPOSE.  SUCH CERTIFICATE SHALL BE
REPORTED TO THE CHAIRPERSONS OF THE SENATE  FINANCE  COMMITTEE  AND  THE
ASSEMBLY  WAYS  AND  MEANS  COMMITTEE.  THE PROVISIONS OF THIS PARAGRAPH
SHALL EXPIRE JUNE THIRTIETH, TWO THOUSAND TWELVE.
  S 36. Intentionally omitted.
  S 37. Intentionally omitted.
  S 38. Intentionally omitted.
  S 39. Paragraph a of subdivision 4 of section 57 of the state  finance
law,  as  amended by chapter 437 of the laws of 2004, is amended to read
as follows:
  a. Such bonds shall be sold at par, at par  plus  a  premium  [not  to
exceed five percent in the case of refunding bonds or five-tenths of one
percent  in the case of all other bonds], or at a discount to the bidder
offering the lowest interest cost to the state,  taking  into  consider-
ation  any  premium or discount and, in the case of refunding bonds, the
bona fide initial public offering price, not less  than  four  nor  more
than  fifteen  days,  Sundays  excepted, after a notice of such sale has
been published at least once in a definitive trade  publication  of  the
municipal  bond  industry published on each business day in the state of
New York which is generally available to participants in  the  municipal
bond  industry,  which  notice  shall  state the terms of the sale.  The
comptroller may not change the terms of the sale unless notice  of  such
change is sent via a definitive trade wire service of the municipal bond
industry which, in general, makes available information regarding activ-
ity  and  sales of municipal bonds and is generally available to partic-
ipants in the municipal bond industry, at least one [day] HOUR prior  to
the [date] TIME of the sale as set forth in the original notice of sale.

S. 6606--B                         212                        A. 9706--C

In  so  changing  the  terms or conditions of a sale the comptroller may
send notice by such wire service that the sale will be delayed by up  to
thirty  days,  provided  that  wire  notice of the new sale date will be
given  at least one business day prior to the new time when bids will be
accepted. In such event, no new notice of sale shall be required  to  be
published.  Notwithstanding the provisions of section three hundred five
of the state technology law or any other law,  if  the  notice  of  sale
contains  a  provision that bids will only be accepted electronically in
the manner provided in such notice of sale, the comptroller shall not be
required to accept non-electronic bids in any form. Advertisements shall
contain a provision to the effect that the state comptroller, in his  OR
HER  discretion,  may  reject  any or all bids made in pursuance of such
advertisements, and in the event of  such  rejection,  the  state  comp-
troller  is  authorized  to  negotiate a private sale or readvertise for
bids in the form and manner above described as many times as, in his  OR
HER  judgment, may be necessary to effect a satisfactory sale.  Notwith-
standing the foregoing provisions of this  paragraph,  whenever  in  the
judgment  of  the  comptroller the interests of the state will be served
thereby, he OR SHE may sell state bonds at private sale at par,  at  par
plus  a  premium  [not  to  exceed five percent in the case of refunding
bonds or five-tenths of one percent in the case of all other bonds],  or
at  a  discount.  The comptroller shall promulgate regulations governing
the terms and conditions of any such private  sales,  which  regulations
shall  include  a  provision that he OR SHE give notice to the governor,
the temporary president of the senate, and the speaker of the  assembly,
of  his OR HER intention to conduct a private sale of obligations pursu-
ant to this section not less than five days prior to such  sale  or  the
execution of any binding agreement to effect such sale.
  S  40.  Paragraph  (a)  of  subdivision  4  of section 60 of the state
finance law, as amended by chapter 437 of the laws of 2004,  is  amended
to read as follows:
  (a)  Such  bonds  shall  be sold at par, at par plus a premium [not to
exceed five percent in the case of refunding bonds or five-tenths of one
percent in the case of all other bonds], or at a discount to the  bidder
offering  the  lowest  interest cost to the state, taking into consider-
ation any premium or discount and, in the case of refunding  bonds,  the
bona  fide  initial  public  offering price, not less than four nor more
than fifteen days, Sundays excepted, after a notice  of  such  sale  has
been  published  at  least once in a definitive trade publication of the
municipal bond industry published on each business day in the  state  of
New  York  which is generally available to participants in the municipal
bond industry, which notice shall state the terms  of  the  sale.    The
comptroller  may  not change the terms of the sale unless notice of such
change is sent via a definitive trade wire service of the municipal bond
industry which, in general, makes available information regarding activ-
ity and sales of municipal bonds and is generally available  to  partic-
ipants  in the municipal bond industry, at least one [day] HOUR prior to
the [date] TIME of the sale as set forth in the original notice of sale.
In so changing the terms or conditions of a  sale  the  comptroller  may
send  notice by such wire service that the sale will be delayed by up to
thirty days, provided that wire notice of the  new  sale  date  will  be
given  at least one business day prior to the new time when bids will be
accepted. In such event, no new notice of sale shall be required  to  be
published.  Notwithstanding the provisions of section three hundred five
of the state technology law or any other law,  if  the  notice  of  sale
contains  a  provision that bids will only be accepted electronically in

S. 6606--B                         213                        A. 9706--C

the manner provided in such notice of sale, the comptroller shall not be
required to accept non-electronic bids in any form. Advertisements shall
contain a provision to the effect that the state comptroller, in his  OR
HER  discretion,  may  reject  any or all bids made in pursuance of such
advertisements, and in the event of  such  rejection,  the  state  comp-
troller  is  authorized  to  negotiate a private sale or readvertise for
bids in the form and manner above described as many times as, in his  OR
HER  judgment, may be necessary to effect a satisfactory sale.  Notwith-
standing the foregoing provisions of this subdivision, whenever  in  the
judgment  of  the  comptroller the interests of the state will be served
thereby, he OR SHE may sell state bonds at private sale at par,  at  par
plus  a  premium  [not  to  exceed five percent in the case of refunding
bonds or five-tenths of one percent in the case of all other bonds],  or
at  a  discount.  The comptroller shall promulgate regulations governing
the terms and conditions of any such private  sales,  which  regulations
shall  include  a  provision that he OR SHE give notice to the governor,
the temporary president of the senate, and the speaker of  the  assembly
of  his OR HER intention to conduct a private sale of obligations pursu-
ant to this section not less than five days prior to such  sale  or  the
execution of any binding agreement to effect such sale.
  S  41.  The state finance law is amended by adding a new section 73 to
read as follows:
  S 73. FEDERAL INTEREST SUBSIDY  PAYMENTS.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  LAW  TO  THE  CONTRARY, THE COMPTROLLER SHALL DEPOSIT ANY
FEDERAL INTEREST SUBSIDY PAYMENTS RECEIVED BY THE STATE  FOR  STATE-SUP-
PORTED DEBT ISSUED AS BUILD AMERICA BONDS, AS AUTHORIZED PURSUANT TO THE
AMERICAN  RECOVERY  AND REINVESTMENT ACT OF 2009, AS AMENDED OR PURSUANT
TO ANY SUCCESSOR AUTHORIZATION, TO EACH  RESPECTIVE  DEBT  SERVICE  FUND
WHICH RELATES TO SUCH BONDS.
  S  42.  Subdivision 2 of section 1680-m of the public authorities law,
as added by section 39 of part T of chapter 57 of the laws of  2007,  is
amended to read as follows:
  2.  Notwithstanding  any  other  provision  of law to the contrary, in
order to assist the authority and the urban development  corporation  in
undertaking  the financing [of] FOR construction [of a collections stor-
age facility for the state museum,  the  state  library  and  the  state
archives]  AND  REHABILITATION  ASSOCIATED  WITH  THE CULTURAL EDUCATION
FACILITIES AND THE ST. REGIS MOHAWK ELEMENTARY SCHOOL, the  director  of
the  budget  is  hereby  authorized  to  enter  into one or more service
contracts with the authority and the urban development corporation, none
of which shall exceed thirty years in  duration,  upon  such  terms  and
conditions as the director of the budget and the authority and the urban
development corporation agree, so as to annually provide to the authori-
ty and the urban development corporation, in the aggregate, a sum not to
exceed  the  principal, interest, and related expenses required for such
bonds and notes. Any service contract  entered  into  pursuant  to  this
section shall provide that the obligation of the state to pay the amount
therein  provided  shall  not  constitute a debt of the state within the
meaning of any constitutional or statutory provision and shall be deemed
executory only to the extent of monies available and that  no  liability
shall  be  incurred  by  the  state beyond the monies available for such
purpose, subject to annual appropriation by the  legislature.  Any  such
contract  or  any payments made or to be made thereunder may be assigned
and pledged by the authority and the urban  development  corporation  as
security for its bonds and notes, as authorized by this section.

S. 6606--B                         214                        A. 9706--C

  S  43.  Subdivision 4 of section 1689-i of the public authorities law,
as added by chapter 60 of the laws  of  2006,  is  amended  to  read  as
follows:
  4. [(a)] To obtain funds for the purposes of this section, the author-
ity  shall  have  power from time to time, in accordance with a schedule
certified to the authority by the commissioner of education  identifying
eligible  library  construction projects approved for the payment of aid
apportionments pursuant to section two hundred  seventy-three-a  of  the
education  law,  to  issue  negotiable  bonds or notes of the authority.
Unless the context shall clearly indicate otherwise, whenever the  words
"bond"  or  "bonds" are used in this section, such words shall include a
note or notes of the authority.
  [(b) The dormitory authority shall not issue any bonds or notes in  an
amount  in  excess  of fourteen million dollars for the purposes of this
section.]
  S 44. Intentionally omitted.
  S 45.  Subdivisions 6 and 8 of section 1689-i of the  public  authori-
ties  law,  as added by section 4 of part I of chapter 61 of the laws of
2006, are amended to read as follows:
  6. The commissioner of education shall certify, from time to time,  to
the  dormitory  authority, the comptroller, the director of the division
of the budget, the chair of the senate finance committee and  the  chair
of  the assembly ways and means committee each school district for which
he or she has determined an aid apportionment for authority financing of
an EXCEL project pursuant to subdivision fourteen of section  thirty-six
hundred  forty-one of the education law. Such certification, which shall
be made within thirty days after such determination or as soon thereaft-
er as is practicable, shall identify the  amount  of  aid  apportionment
which  has been approved for such school district and shall estimate the
date or dates when such  project  will  be  undertaken  [to  assist  the
authority  in  establishing  a  schedule for financing such project. The
commissioner of education shall notify  the  authority  if  there  is  a
change in such date].
  8.  To  obtain  funds  for the purposes of this section, the authority
shall have power from time to time, [in accordance with a  certification
to  the  authority by the commissioner of education pursuant to subdivi-
sion six of this section,] to issue negotiable bonds  or  notes  of  the
authority.  Unless the context shall clearly indicate otherwise, whenev-
er  the  words  "bond"  or  "bonds" are used in this section, such words
shall include a note or notes of the authority.
  S 46. Subdivision 1 of section 1689-i of the public  authorities  law,
as  amended  by section 40 of part PP of chapter 56 of the laws of 2009,
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 [fifty-six] SEVENTY million dollars.
  S  47.  Subdivision 1 of section 1680-m of the public authorities law,
as amended by section 41 of part PP of chapter 56 of the laws  of  2009,
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-

S. 6606--B                         215                        A. 9706--C

tary school. The aggregate principal amount of bonds  authorized  to  be
issued   pursuant   to   this  section  shall  not  exceed  [ninety-one]
SEVENTY-NINE  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 with  the  internal  revenue  code,  any  interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  S  48.  Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 42 of part PP of chapter 56 of the laws  of  2009,
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 [eight] NINE hundred [sixty-seven] THREE million [five]
SEVEN hundred FORTY-SEVEN 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  previously  issued. Such bonds and notes of the corporation shall
not be a debt of the state, and the state shall not be  liable  thereon,
nor shall they be payable out of any funds other than those appropriated
by  the  state  to the corporation for debt service and related expenses
pursuant to any service contracts executed pursuant to  subdivision  one
of  this  section,  and  such  bonds and notes shall contain on the face
thereof a statement to such effect.
  S 49.  Subdivision (a) of section 28 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, is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any  provisions  of  law  to  the contrary, one or more
authorized issuers as defined by section 68-a of the state  finance  law
are  hereby  authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed  [$15,000,000]  $18,000,000,
excluding  bonds  issued  to  finance  one  or more debt service reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to refund or otherwise repay such bonds or notes previously issued,  for
the  purpose of financing capital projects for public protection facili-
ties in the Division of Military and Naval  Affairs,  debt  service  and
leases;  and  to reimburse the state general fund for disbursements made
therefor. Such bonds and notes of such authorized issuer shall not be  a
debt  of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those  appropriated  by  the
state  to  such  authorized issuer for debt service and related expenses
pursuant to any service contract executed pursuant to subdivision (b) of
this section and such bonds and notes shall contain on the face  thereof
a  statement  to  such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
  S 50. Subdivision (a) of section 48 of part K of  chapter  81  of  the
laws  of  2002,  providing  for  the administration of certain funds and

S. 6606--B                         216                        A. 9706--C

accounts related to the 2002-2003 budget, as amended by  section  44  of
part  PP  of  chapter  56  of  the  laws  of 2009, 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]  $67,000,000 excluding bonds issued to fund one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise  repay  such  bonds  or
notes  previously  issued,  for  the  purpose of financing capital costs
related to homeland security AND TRAINING FACILITIES for the division of
state police, the division of military and naval affairs, and any  other
state agency, including the reimbursement of any disbursements made from
the state capital projects fund, and is hereby authorized to issue bonds
or  notes  in one or more series in an aggregate principal amount not to
exceed [$155,800,000] $165,800,000, excluding bonds issued to  fund  one
or  more  debt  service  reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing improvements to
State office buildings and other facilities located statewide, including
the reimbursement of any  disbursements  made  from  the  state  capital
projects  fund.  Such  bonds and notes of the corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor  shall
they  be  payable  out of any funds other than those appropriated by the
state to the corporation for debt service and related expenses  pursuant
to  any  service  contracts executed pursuant to subdivision (b) of this
section, and such bonds and notes shall contain on the  face  thereof  a
statement to such effect.
  S  51.  Subdivision  4  of  section  66-b of the state finance law, as
amended by section 45 of part PP of chapter 56 of the laws of  2009,  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  [five]  SEVEN
hundred  [sixty-four] FIFTY-ONE million TWO HUNDRED EIGHTY-FIVE THOUSAND
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 52. 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 PP of chapter 56 of the laws of 2009, 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] SIX billion [eight]  ONE
hundred  [thirty-seven]  SIXTY-FOUR  million  [eight hundred] SIXTY-NINE
thousand dollars [$5,837,800,000] $6,164,069,000, and shall include  all
bonds,  notes and other obligations issued pursuant to chapter 56 of the

S. 6606--B                         217                        A. 9706--C

laws of 1983, as amended or supplemented. The proceeds  of  such  bonds,
notes  or  other  obligations shall be paid to the state, for deposit in
the correctional facilities capital improvement fund to pay for  all  or
any  portion  of  the amount or amounts paid by the state from appropri-
ations or  reappropriations  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  obli-
gations  authorized  to be issued pursuant to this section shall exclude
bonds, notes or other obligations issued to refund  or  otherwise  repay
bonds,  notes  or  other obligations theretofore issued, the proceeds of
which were paid to the state  for  all  or  a  portion  of  the  amounts
expended  by  the  state from appropriations or reappropriations made to
the department of correctional services; provided,  however,  that  upon
any  such refunding or repayment the total aggregate principal amount of
outstanding bonds, notes or other obligations may be greater than [five]
SIX billion [eight] ONE hundred [thirty-seven] SIXTY-FOUR million [eight
hundred] SIXTY-NINE thousand  dollars  [$5,837,800,000]  $6,164,069,000,
only if the present value of the aggregate debt service of the refunding
or  repayment  bonds,  notes or other obligations to be issued shall not
exceed the present value of 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 thereof to the date of issue of the refunding or
repayment bonds, notes or other obligations and to the price bid includ-
ing estimated accrued interest or proceeds received by  the  corporation
including estimated accrued interest from the sale thereof.
  S 53. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of  1997,  providing  for  the  financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended  by
section  20  of part P2 of chapter 62 of the laws of 2003, 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  three  hundred  [twenty-eight]
SEVENTY-NINE    million    five   hundred   fifteen   thousand   dollars
[($328,515,000)]  ($379,515,000),  which  authorization  increases   the
aggregate principal amount of bonds, notes and other obligations author-
ized by section 40 of chapter 309 of the laws of 1996, and shall include
all bonds, notes and other obligations issued pursuant to chapter 211 of
the  laws  of  1990,  as  amended  or supplemented. The proceeds of such
bonds, notes or other obligations shall be paid to the state, for depos-
it in the youth facilities improvement fund,  to  pay  for  all  or  any
portion  of  the amount or amounts paid by the state from appropriations
or reappropriations made to the office of children and  family  services
from  the  youth  facilities  improvement fund for capital projects. The
aggregate amount of bonds, notes and other obligations authorized to  be
issued  pursuant  to  this  section  shall exclude bonds, notes or other

S. 6606--B                         218                        A. 9706--C

obligations issued to refund or otherwise repay bonds,  notes  or  other
obligations  theretofore  issued, the proceeds of which were paid to the
state for all or a portion of the amounts expended  by  the  state  from
appropriations  or  reappropriations  made to the office of children and
family services; provided, however, that  upon  any  such  refunding  or
repayment  the  total  aggregate  principal amount of outstanding bonds,
notes or other obligations may be greater than  three  hundred  [twenty-
eight]  SEVENTY-NINE  million  five  hundred  fifteen  thousand  dollars
[($328,515,000)] ($379,515,000), 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  54.  Paragraph  (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 47 of part PP of  chapter  56
of the laws of 2009, is amended to read as follows:
  2.  (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 [four] FIVE hundred
[twenty-eight] THIRTY-TWO million [one] TWO hundred [forty-one]  NINETY-
NINE  thousand  dollars, plus a principal amount of bonds issued to fund
the debt service reserve  fund  in  accordance  with  the  debt  service
reserve fund requirement established by the agency and to fund any other
reserves  that the agency reasonably deems necessary for the security or
marketability of such bonds and to provide for the payment of  fees  and
other  charges  and  expenses, including underwriters' discount, trustee
and rating agency fees, bond insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No  reserve
fund securing the housing program bonds shall be entitled or eligible to
receive  state  funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the  extent  of
any  deficiency  resulting  directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.

S. 6606--B                         219                        A. 9706--C

  S 55. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2010, provided,
however, that:
  (a) section forty-two of this act shall be deemed to have been in full
force and effect on and after April 1, 2008;
  (b)  sections  one,  two,  three, four, five, six, seven, eight, nine,
ten, eighteen, and nineteen through twenty-nine of this act shall expire
March 31, 2011, when, upon such date, the provisions  of  such  sections
shall be deemed repealed; and
  (c)  the  amendments  to  subdivision 5 of section 97-rrr of the state
finance law made by section fifteen of this act  shall  not  affect  the
expiration of such subdivision and shall be deemed to expire therewith.

                                 PART KK

  Section  1.  Sections  1 and 2 of part H of chapter 503 of the laws of
2009 relating to the disposition of monies recovered by county  district
attorneys  before the filing of an accusatory instrument, are amended to
read as follows:
  Section 1.  When a county district attorney of a county located  in  a
city  of  one  million  or  more recovers monies before the filing of an
accusatory instrument as defined in subdivision 1 of section 1.20 of the
criminal procedure law, after injured parties  have  been  appropriately
compensated, the district attorney's office shall retain a percentage of
the remaining such monies in recognition that such monies were recovered
as  a  result  of investigations undertaken by [the district attorney's]
SUCH office. The total amount of such monies to be retained by the coun-
ty district attorney's office shall equal ten percent of the first twen-
ty-five million dollars received by such office during the state  fiscal
year,  plus  seven  and one-half percent of such monies received by such
office in excess of twenty-five million  dollars  but  less  than  fifty
million  dollars,  plus five percent of any such monies received by such
office in excess of fifty million dollars  but  less  than  one  hundred
million dollars, plus one percent of such monies received by such office
in  excess of one hundred million dollars.  The remainder of such monies
shall be paid by the district attorney's office to the state and to  the
county in equal amounts within thirty days of receipt, where disposition
of  such  monies is not otherwise prescribed by law.  MONIES DISTRIBUTED
TO A COUNTY DISTRICT ATTORNEY'S OFFICE PURSUANT TO THIS SECTION SHALL BE
USED TO ENHANCE LAW ENFORCEMENT EFFORTS AND SHALL NOT SUPPLANT FUNDS FOR
ORDINARY BUDGETARY COSTS INCLUDING SALARIES OF PERSONNEL AND EXPENSES OF
DISTRICT ATTORNEYS.
  S 2. This act shall take effect immediately and shall remain  in  full
force and effect until the last day of March, [2010] 2011, when it shall
expire and be deemed repealed.
  S  2.  This act shall take effect immediately; provided, however, that
the amendments made to section 1 of chapter 503 of the laws of 2009 made
by section one of this act shall not affect the repeal of  such  section
and shall be deemed to be repealed therewith.

                                 PART LL

  Section 1. Section 130 of the executive law, as amended by chapter 680
of  the laws of 1967 and the opening paragraph as amended by chapter 673
of the laws of 2002, is amended to read as follows:

S. 6606--B                         220                        A. 9706--C

  S 130. Appointment of notaries public. 1. The secretary of  state  may
appoint and commission as many notaries public for the state of New York
as  in  his or her judgment may be deemed best, whose jurisdiction shall
be co-extensive with the boundaries of the state. The appointment  of  a
notary  public  shall be for a term of four years. An application for an
appointment as notary public shall be in form and set forth such matters
as the secretary of state shall prescribe.  Every  person  appointed  as
notary  public must, at the time of his or her appointment, be a citizen
of the United States and either a resident of the state of New  York  or
have  an  office or place of business in New York state. A notary public
who is a resident of the state and who moves out of the state but  still
maintains  a  place  of business or an office in New York state does not
vacate his or her office as a notary public. A notary public  who  is  a
nonresident  and  who  ceases  to have an office or place of business in
this state, vacates his or her office  as  a  notary  public.  A  notary
public  who  is  a resident of New York state and moves out of the state
and who does not retain an office or place of  business  in  this  state
shall  vacate  his  or her office as a notary public. A non-resident who
accepts the office of notary public in this state thereby  appoints  the
secretary  of state as the person upon whom process can be served on his
or her behalf. Before issuing to any applicant a  commission  as  notary
public,  unless  he  or  she  be  an attorney and counsellor at law duly
admitted to practice in this state or a court clerk of the unified court
system who has been appointed to such  position  after  taking  a  civil
service promotional examination in the court clerk series of titles, the
secretary  of  state shall satisfy himself or herself that the applicant
is of good moral character, has the equivalent of a common school educa-
tion and is familiar with the duties and responsibilities  of  a  notary
public;  provided,  however,  that where a notary public applies, before
the expiration of his or her term, for  reappointment  with  the  county
clerk  or  where a person whose term as notary public shall have expired
applies within six months  thereafter  for  reappointment  as  a  notary
public with the county clerk, such qualifying requirements may be waived
by  the  secretary of state, and further, where an application for reap-
pointment is filed with the county clerk after  the  expiration  of  the
aforementioned  renewal  period  by a person who failed or was unable to
re-apply by reason of his or her induction or enlistment  in  the  armed
forces  of  the  United States, such qualifying requirements may also be
waived by the secretary of state, provided such  application  for  reap-
pointment  is  made  within  a  period  of  one  year after the military
discharge of the applicant under conditions other than dishonorable.  In
any  case,  the  appointment or reappointment of any applicant is in the
discretion of the secretary of state. The secretary of state may suspend
or remove from office, for misconduct, any notary  public  appointed  by
him  or  her  but no such removal shall be made unless the person who is
sought to be removed shall have been served with a copy of  the  charges
against  him  or  her  and have an opportunity of being heard. No person
shall be appointed as a notary public under this article  who  has  been
convicted, in this state or any other state or territory, of a felony or
any of the following offenses, to wit:
  (a)  Illegally using, carrying or possessing a pistol or other danger-
ous weapon; (b) making or possessing burglar's instruments;  (c)  buying
or  receiving  or  criminally  possessing  stolen property; (d) unlawful
entry of a building; (e)  aiding  escape  from  prison;  (f)  unlawfully
possessing  or  distributing habit forming narcotic drugs; (g) violating
sections two hundred seventy, two hundred seventy-a, two hundred  seven-

S. 6606--B                         221                        A. 9706--C

ty-b, two hundred seventy-c, two hundred seventy-one, two hundred seven-
ty-five,  two  hundred  seventy-six,  five  hundred  fifty, five hundred
fifty-one, five hundred fifty-one-a and subdivisions six, eight, ten  or
eleven of section seven hundred twenty-two of the former penal law as in
force  and effect immediately prior to September first, nineteen hundred
sixty-seven, or violating sections 165.25, 165.30,  subdivision  one  of
section 240.30, subdivision three of section 240.35 of the penal law, or
violating  sections  four  hundred  seventy-eight, four hundred seventy-
nine, four hundred eighty, four hundred eighty-one, four hundred  eight-
y-four,  four  hundred  eighty-nine  and  four hundred ninety-one of the
judiciary law; or (h) vagrancy or prostitution, and who has  not  subse-
quent  to  such  conviction  received  an executive pardon therefor OR A
CERTIFICATE OF RELIEF FROM DISABILITIES or a certificate of good conduct
[from  the  parole  board]  PURSUANT  TO  ARTICLE  TWENTY-THREE  OF  THE
CORRECTION  LAW  to  remove the disability under this section because of
such conviction.
  2. A person regularly admitted to practice as an attorney and counsel-
lor in the courts of record of this state, whose office for the practice
of law is within the state, may be appointed a notary public and  retain
his office as such notary public although he resides in or removes to an
adjoining  state.  For the purpose of this and the following sections of
this article such person shall be deemed a resident of the county  where
he maintains such office.
  S  2. Subdivision 3 of section 175 of the executive law, as amended by
chapter 43 of the laws of 2002, is amended to read as follows:
  3. Upon a showing by the attorney general in  an  application  for  an
injunction that any person engaged in solicitation has been convicted in
this  state  or  elsewhere of a felony or of a misdemeanor involving the
misappropriation, misapplication or misuse of the money or  property  of
another, and who has not, subsequent to such conviction, received execu-
tive  pardon  therefor or A CERTIFICATE OF RELIEF FROM DISABILITIES OR a
certificate of good conduct [from the parole board] PURSUANT TO  ARTICLE
TWENTY-THREE  OF THE CORRECTION LAW, the supreme court, after a hearing,
may enjoin such person from engaging in any solicitation.
  S 3. The opening paragraph of subdivision 2  of  section  102  of  the
alcoholic beverage control law, as amended by chapter 340 of the laws of
1972, is amended to read as follows:
  No  person holding any license hereunder, other than a license to sell
an alcoholic beverage at  retail  for  off-premises  consumption,  shall
knowingly employ in connection with his business in any capacity whatso-
ever,  any  person,  who  has  been convicted of a felony, or any of the
following offenses, who has not subsequent to such  conviction  received
an  executive  pardon  therefor removing any civil disabilities incurred
thereby, A CERTIFICATE OF RELIEF FROM DISABILITIES OR a  certificate  of
good  conduct PURSUANT TO ARTICLE TWENTY-THREE OF THE CORRECTION LAW, or
other relief from disabilities provided by law, or the written  approval
of the state liquor authority permitting such employment, to wit:
  S  4.  Subdivision  4 of section 96-z-3 of the agriculture and markets
law, as added by chapter 391 of the laws of 1968, is amended to read  as
follows:
  (4)  applicant,  an  officer,  director, partner, or holder of ten per
centum or more of the voting stock of an applicant has been convicted of
a felony by a court of the United States or any state or territory ther-
eof, without subsequent pardon by  the  governor  or  other  appropriate
authority  of  the  state  or  jurisdiction  in  which  such  conviction
occurred, or the receipt of [either] A CERTIFICATE OF RELIEF FROM  DISA-

S. 6606--B                         222                        A. 9706--C

BILITIES  OR  a  certificate  of good conduct [from the board of parole]
pursuant to [the executive law] ARTICLE TWENTY-THREE OF  THE  CORRECTION
LAW,
  S  5. Paragraph (d) of subdivision 4 of section 129 of the agriculture
and markets law, as added by chapter 816 of the laws of 1974, is amended
to read as follows:
  (d) The applicant or registrant, or an officer, director,  partner  or
holder of ten per centum or more of the voting stock of the applicant or
registrant,  has  been  convicted  of  a felony by a court of the United
States or any state or territory thereof, without subsequent  pardon  by
the governor or other appropriate authority of the state or jurisdiction
in which such conviction occurred, or receipt of a CERTIFICATE OF RELIEF
FROM  DISABILITIES  OR  A certificate of good conduct [from the board of
parole] pursuant to ARTICLE TWENTY-THREE OF the correction law;
  S 6. Paragraph (b) of subdivision 6 of section 369 of the banking law,
as amended by chapter 164 of the laws of 2003, is  amended  to  read  as
follows:
  (b)  is  associating or consorting with any person who has, or persons
who have, been convicted of a crime or crimes  in  any  jurisdiction  or
jurisdictions;  provided,  however,  that  the  superintendent shall not
issue such a license if he shall find that the applicant, or any  person
who  is  a  director,  officer,  partner, agent, employee or substantial
stockholder of the applicant, has been convicted  of  a  felony  in  any
jurisdiction  or of a crime which, if committed within this state, would
constitute a felony under the laws thereof. For  the  purposes  of  this
article,  a  person shall be deemed to have been convicted of a crime if
such person shall have pleaded guilty to a charge thereof before a court
or magistrate, or shall have been found guilty thereof by  the  decision
or  judgment of a court or magistrate or by the verdict of a jury, irre-
spective of the pronouncement of sentence  or  the  suspension  thereof,
unless such plea of guilty, or such decision, judgment or verdict, shall
have  been set aside, reversed or otherwise abrogated by lawful judicial
process or unless the person convicted of the crime shall have  received
a  pardon therefor from the president of the United States or the gover-
nor  or  other  pardoning  authority  in  the  jurisdiction  where   the
conviction  was had, or shall have received a CERTIFICATE OF RELIEF FROM
DISABILITIES OR A certificate of good conduct [granted by the  board  of
parole]  pursuant to [the provisions of the executive law] ARTICLE TWEN-
TY-THREE OF THE CORRECTION LAW to remove the disability under this arti-
cle because of such conviction. The term "substantial  stockholder,"  as
used in this subdivision, shall be deemed to refer to a person owning or
controlling ten per centum or more of the total outstanding stock of the
corporation  in which such person is a stockholder. In making a determi-
nation pursuant to this subdivision, the  superintendent  shall  require
fingerprinting of the applicant. Such fingerprints shall be submitted to
the  division  of criminal justice services for a state criminal history
record check, as defined in subdivision one of  section  three  thousand
thirty-five  of  the  education law, and may be submitted to the federal
bureau of investigation for a national criminal history record check.
  S 7. Subdivision 4 of section 79-a of the civil rights law, as amended
by chapter 687 of the laws of 1973, is amended to read as follows:
  4. This section shall not apply to a person sentenced to  imprisonment
for  an indeterminate term, having a minimum of one day and a maximum of
his natural life.
  Nothing in this section shall be deemed to preclude the issuance of  a
CERTIFICATE OF RELIEF FROM DISABILITIES OR A certificate of good conduct

S. 6606--B                         223                        A. 9706--C

[by  the  board  of  parole]  pursuant  to  ARTICLE  TWENTY-THREE OF THE
CORRECTION law to a person who previously has been sentenced  to  impri-
sonment for life.
  S  8.  Paragraph b of subdivision 5 of section 2018-a of the education
law, as amended by chapter 506 of the laws of 1991, is amended  to  read
as follows:
  b. On the reverse side of such envelope shall be printed the following
statement:

                       STATEMENT OF ABSENTEE VOTER

  I  do declare that I am a citizen of the United States, and will be at
least eighteen years  of  age,  on  the  date  of  the  school  district
election;  that  I  will  have  been a resident of this state and of the
school district and school election  district,  if  any,  shown  on  the
reverse  side  of  this envelope for thirty days next preceding the said
election and duly registered in the school district and school  election
district,  if any, shown on the reverse side of this envelope and that I
am or on such date will be, a qualified voter of said  school  district;
that  I  will  be  unable to appear personally on the day of said school
district election at the polling place of the said district in  which  I
am  or  will  be  a  qualified  voter because of the reason stated on my
application heretofore submitted; that I have not  qualified,  or  do  I
intend  to vote, elsewhere than as set forth on the reverse side of this
envelope; that I have not received or offered, do not expect to receive,
have not paid, offered or promised to pay, contributed, offered or prom-
ised to contribute to another to be paid or used,  any  money  or  other
valuable  thing, as a compensation or reward for the giving or withhold-
ing of a vote at this school district election, and have  not  made  any
promise to influence the giving or withholding of any such votes; that I
have  not made or become directly or indirectly interested in any bet or
wager depending upon the result of this school  district  election;  and
that  I have not been convicted of bribery or any infamous crime, or, if
so convicted, that I have been pardoned or restored to all the rights of
a citizen, without restriction as to the right of suffrage, or  received
a  CERTIFICATE  OF  RELIEF  FROM  DISABILITIES  OR A certificate of good
conduct [granted by the board of parole] pursuant to [the provisions  of
the  executive]  ARTICLE  TWENTY-THREE OF THE CORRECTION law removing my
disability to register and vote.
  I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I  make  any  material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.

  Date.....................Signature of Voter ..........................

  S  9.  Paragraph b of subdivision 6 of section 2018-b of the education
law, as amended by chapter 46 of the laws of 1992, is amended to read as
follows:
  b. On the reverse side of such envelope shall be printed the following
statement:

                       STATEMENT OF ABSENTEE VOTER

  I do declare that I am a citizen of the United States, and will be  at
least eighteen years of age on the date of the school district election;

S. 6606--B                         224                        A. 9706--C

that  I  will  have  been  a  resident  of  this state and of the school
district and school election district, if any, shown on the reverse side
of this envelope for thirty days next preceding the  said  election  and
that  I  am  or  on  such date will be, a qualified voter of said school
district; that I will be unable to appear personally on the day of  said
school  district  election  at the polling place of the said district in
which I am or will be a qualified voter because of the reason stated  on
my  application heretofore submitted; that I have not qualified, or do I
intend to vote, elsewhere than as set forth on the reverse side of  this
envelope; that I have not received or offered, do not expect to receive,
have not paid, offered or promised to pay, contributed, offered or prom-
ised  to  contribute  to  another to be paid or used, any money or other
valuable thing, as a compensation or reward for the giving or  withhold-
ing  of  a  vote at this school district election, and have not made any
promise to influence the giving or withholding of any such votes; that I
have not made or become directly or indirectly interested in any bet  or
wager  depending  upon  the result of this school district election; and
that I have not been convicted of bribery [of] OR  any  infamous  crime,
or,  if  so  convicted, that I have been pardoned or restored to all the
rights of a citizen, without restriction as to the right of suffrage, or
have received a CERTIFICATE OF RELIEF FROM DISABILITIES OR A certificate
of good conduct [granted by  the  board  of  parole]  pursuant  to  [the
provisions  of the executive] ARTICLE TWENTY-THREE OF THE CORRECTION law
removing my disability to vote.

  I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I  make  any  material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.

  Date....................Signature of Voter ...........................

  S 10. Paragraph b of subdivision 5 of section 84-a of the town law, as
amended  by  chapter  281  of  the  laws  of 1998, is amended to read as
follows:
  b. On the reverse side of such envelope shall be printed the following
statement:
                        STATEMENT OF ABSENTEE VOTER
  I do declare that I will have been a citizen of the United States  for
thirty  days, and will be at least eighteen years of age, on the date of
the special town election; that I will have  been  a  resident  of  this
state  and  of  the  town shown on the reverse side of this envelope for
thirty days next preceding the said election; that I am or on such  date
will  be,  a  registered  voter  of  said town; that I will be unable to
appear personally on the day of said special town election at the  poll-
ing  place of the election district in which I am or will be a qualified
voter because of the reason stated on my application heretofore  submit-
ted;  that  I have not qualified, or do I intend to vote, elsewhere than
as set forth on the reverse side of  this  envelope;  that  I  have  not
received or offered, do not expect to receive, have not paid, offered or
promised  to  pay,  contributed,  offered  or  promised to contribute to
another to be paid or used, any money or  other  valuable  thing,  as  a
compensation  or  reward for the giving or withholding of a vote at this
special town election, and have not made any promise  to  influence  the
giving  or withholding of any such votes; that I have not made or become
directly or indirectly interested in any bet or wager depending upon the

S. 6606--B                         225                        A. 9706--C

result of this special town election; and that I have not been convicted
of bribery or any infamous crime, or, if so convicted, that I have  been
pardoned or restored to all the rights of a citizen, without restriction
as  to  the  right of suffrage, or received a CERTIFICATE OF RELIEF FROM
DISABILITIES OR A certificate of good conduct [granted by the  board  of
parole]   pursuant   to   [the  provisions  of  the  executive]  ARTICLE
TWENTY-THREE OF THE CORRECTION law removing my  disability  to  register
and vote.
  I hereby declare that the foregoing is a true statement to the best of
my  knowledge  and  belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
    Date.............. Signature of Voter..................
  S 11. Paragraph b of subdivision 5 of section 175-b of the  town  law,
as  amended  by  chapter  401 of the laws of 1996, is amended to read as
follows:
  b.  On the reverse side of such envelope shall be printed the  follow-
ing statement:
                       STATEMENT OF ABSENTEE VOTER
  I  do declare that I will have been a citizen of the United States for
thirty days, and will be at least eighteen years of age, on the date  of
the  district  election;  that I will have been a resident of this state
and of the district if any, shown on the reverse side of  this  envelope
for  thirty  days  next  preceding the said election and that I am or on
such date will be, a registered voter of said district; that I  will  be
unable  to appear personally on the day of said district election at the
polling place of the said district in which I am or will be a  qualified
voter  because of the reason stated on my application heretofore submit-
ted; that I have not qualified, or do I intend to vote,  elsewhere  than
as  set  forth  on  the  reverse  side of this envelope; that I have not
received or offered, do not expect to receive, have not paid, offered or
promised to pay, contributed,  offered  or  promised  to  contribute  to
another  to  be  paid  or  used, any money or other valuable thing, as a
compensation or reward for the giving or withholding of a vote  at  this
district election, and have not made any promise to influence the giving
or withholding of any such votes; that I have not made or become direct-
ly  or  indirectly  interested  in  any  bet or wager depending upon the
result of this district election; and that I have not been convicted  of
bribery  or  any  infamous  crime, or, if so convicted, that I have been
pardoned or restored to all the rights of a citizen, without restriction
as to the right of suffrage, or received a CERTIFICATE  OF  RELIEF  FROM
DISABILITIES  OR  A certificate of good conduct [granted by the board of
parole]  pursuant  to  [the  provisions  of   the   executive]   ARTICLE
TWENTY-THREE  OF  THE  CORRECTION law removing my disability to register
and vote.
  I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I  make  any  material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
  Date..............Signature of Voter..................
  S  12.  Paragraph b of subdivision 5 of section 213-b of the town law,
as added by chapter 400 of the laws of  1985,  is  amended  to  read  as
follows:
  b.   On the reverse side of such envelope shall be printed the follow-
ing statement:
                        STATEMENT OF ABSENTEE VOTER

S. 6606--B                         226                        A. 9706--C

  I do declare that I will have been a citizen of the United States  for
thirty  days, and will be at least eighteen years of age, on the date of
the district election; that I will have been a resident  of  this  state
and  of  the district if any, shown on the reverse side of this envelope
for  thirty  days  next  preceding the said election and that I am or on
such date will be, a registered voter of said district; that I  will  be
unable  to appear personally on the day of said district election at the
polling place of the said district in which I am or will be a  qualified
voter  because of the reason stated on my application heretofore submit-
ted; that I have not qualified, or do I intend to vote,  elsewhere  than
as  set  forth  on  the  reverse  side of this envelope; that I have not
received or offered, do not expect to receive, have not paid, offered or
promised to pay, contributed,  offered  or  promised  to  contribute  to
another  to  be  paid  or  used, any money or other valuable thing, as a
compensation or reward for the giving or withholding of a vote  at  this
district election, and have not made any promise to influence the giving
or withholding of any such votes; that I have not made or become direct-
ly  or  indirectly  interested  in  any  bet or wager depending upon the
result of this district election; and that I have not been convicted  of
bribery  or  any  infamous  crime, or, if so convicted, that I have been
pardoned or restored to all the rights of a citizen, without restriction
as to the right of suffrage, or received a CERTIFICATE  OF  RELIEF  FROM
DISABILITIES  OR  A certificate of good conduct [granted by the board of
parole]  pursuant  to  [the  provisions  of   the   executive]   ARTICLE
TWENTY-THREE  OF  THE  CORRECTION law removing my disability to register
and vote.
  I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I  make  any  material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
     Date............. Signature of Voter ..............................
  S  13.  Paragraph  (h)  of  subdivision 2 of section 74 of the general
business law, as amended by chapter 680 of the laws of 1967, is  amended
to read as follows:
  (h)  violating  section seven hundred forty-two, section seven hundred
forty-three, or section seven hundred  forty-five  of  the  said  former
penal  law,  or  violating  any section contained in article two hundred
fifty of the penal  law.  Except  as  hereinafter  in  this  subdivision
provided,  no  license  shall  be issued to any person whose license has
been previously revoked by the department of state or the authorities of
any other state or  territory  because  of  conviction  of  any  of  the
offenses  specified  in this section. The provisions of this subdivision
shall not prevent the issuance of a license to any  person  who,  subse-
quent  to  his conviction, shall have received executive pardon therefor
removing this disability, or who has received a  CERTIFICATE  OF  RELIEF
FROM DISABILITIES OR A certificate of good conduct [granted by the board
of  parole]  pursuant to [the provisions of the executive] ARTICLE TWEN-
TY-THREE OF THE CORRECTION law  to  remove  the  disability  under  this
section  because of such conviction or previous license revocation occa-
sioned thereby.
  S 14. Subdivision 1 of section 81 of  the  general  business  law,  as
amended  by  chapter  562  of  the  laws  of 2000, is amended to read as
follows:
  1. The holder of any license certificate issued pursuant to this arti-
cle may employ to assist him in his work of private detective or  inves-
tigator or bail enforcement agent as described in section seventy-one OF

S. 6606--B                         227                        A. 9706--C

THIS  ARTICLE  and in the conduct of such business as many persons as he
may deem necessary, and shall at all times  during  such  employment  be
legally  responsible  for  the  good conduct in the business of each and
every person so employed.
  No holder of any unexpired license certificate issued pursuant to this
article shall knowingly employ in connection with his or its business in
any  capacity  whatsoever, any person who has been convicted of a felony
or any of the offenses specified in subdivision two of section  seventy-
four  of  this  [chapter]  ARTICLE,  and  who has not subsequent to such
conviction received executive pardon therefor removing this  disability,
or  received  a CERTIFICATE OF RELIEF FROM DISABILITIES OR A certificate
of good conduct [granted by  the  board  of  parole]  pursuant  to  [the
provisions  of the executive] ARTICLE TWENTY-THREE OF THE CORRECTION law
to  remove  the  disability  under  this  section  because  of  such   a
conviction,  or  any  person  whose  private detective or investigator's
license or bail enforcement agent's license was revoked  or  application
for such license was denied by the department of state or by the author-
ities  of  any  other state or territory because of conviction of any of
such offenses. Should the holder of  an  unexpired  license  certificate
falsely  state  or represent that a person is or has been in his employ,
such false statement or misrepresentation shall be sufficient cause  for
the revocation of such license. Any person falsely stating or represent-
ing that he is or has been a detective or employed by a detective agency
or that he is or has been a bail enforcement agent or employed by a bail
enforcement agency shall be guilty of a misdemeanor.
  S  15.  Paragraph  (a)  of subdivision 1 of section 191 of the general
municipal law, as amended by chapter 574 of the laws of 1978, is amended
to read as follows:
  (a) Issuance of licenses to conduct games of chance. If such clerk  or
department  shall  determine  that the applicant is duly qualified to be
licensed to conduct games of chance under this article; that the  member
or  members  of  the  applicant  designated in the application to manage
games of chance are bona fide active members of the  applicant  and  are
persons  of  good  moral  character  and  have never been convicted of a
crime, or, if convicted, have received a pardon, a certificate  of  good
conduct or a certificate of relief from disabilities PURSUANT TO ARTICLE
TWENTY-THREE  OF THE CORRECTION LAW; that such games are to be conducted
in accordance with the provisions of this article and in accordance with
the rules and regulations of the board  and  applicable  local  laws  or
ordinances  and  that  the  proceeds  thereof  are  to be disposed of as
provided by this article, and if such clerk or department  is  satisfied
that  no commission, salary, compensation, reward or recompense whatever
will be paid or given to any person  managing,  operating  or  assisting
therein  except  as in this article otherwise provided; it shall issue a
license to the applicant for the conduct of games of chance upon payment
of a license fee of twenty-five dollars for each license period.
  S 16. Paragraph (a) of subdivision 9 of section  476  of  the  general
municipal  law,  as  amended  by  chapter  1057  of the laws of 1965, is
amended to read as follows:
  (a) a person convicted of a crime who has not received a pardon  or  a
certificate of good conduct OR A CERTIFICATE OF RELIEF FROM DISABILITIES
PURSUANT TO ARTICLE TWENTY-THREE OF THE CORRECTION LAW;
  S  17.  Paragraph  (a)  of subdivision 1 of section 481 of the general
municipal law, as amended by chapter 328 of the laws of 1994, is amended
to read as follows:

S. 6606--B                         228                        A. 9706--C

  (a) Issuance of licenses to conduct bingo. If the  governing  body  of
the municipality shall determine that the applicant is duly qualified to
be  licensed  to  conduct  bingo  under this article; that the member or
members of the applicant designated in the application to conduct  bingo
are  bona  fide  active members of the applicant and are persons of good
moral character and  have  never  been  convicted  of  a  crime  or,  if
convicted,  have received a pardon or a certificate of good conduct OR A
CERTIFICATE OF RELIEF FROM DISABILITIES PURSUANT TO ARTICLE TWENTY-THREE
OF THE CORRECTION LAW; that such games are to be conducted in accordance
with the provisions of this article and in accordance with the rules and
regulations of the commission, and that the proceeds thereof are  to  be
disposed  of  as  provided by this article, and if the governing body is
satisfied that no commission, salary, compensation, reward or recompense
whatever will be paid or given  to  any  person  holding,  operating  or
conducting  or  assisting  in  the holding, operation and conduct of any
such games except as in this article otherwise  provided;  and  that  no
prize  will  be  offered  and given in excess of the sum or value of one
thousand dollars in any single game and that the aggregate of all prizes
offered and given in all of such games conducted on a  single  occasion,
under  said  license shall not exceed the sum or value of three thousand
dollars, it shall issue a license to the applicant for  the  conduct  of
bingo upon payment of a license fee of eighteen dollars and seventy-five
cents  for  each  bingo  occasion; provided, however, that the governing
body shall refuse to issue a license to an applicant seeking to  conduct
bingo  in  premises  of a licensed commercial lessor where it determines
that the premises presently owned or occupied by said applicant  are  in
every respect adequate and suitable for conducting bingo games.
  S  18.  Paragraph 4 of subsection (d) of section 2108 of the insurance
law is amended to read as follows:
  (4) This subsection shall not prevent the employment of or  the  issu-
ance of a license to any person who, subsequent to his conviction, shall
have received executive pardon therefor removing this disability, or who
has  received a CERTIFICATE OF RELIEF FROM DISABILITIES OR A certificate
of good conduct [granted by  the  board  of  parole]  pursuant  to  [the
provisions  of the executive] ARTICLE TWENTY-THREE OF THE CORRECTION law
to remove the disability under this section because of  such  conviction
or previous license revocation occasioned thereby.
  S  19.  Paragraph 1 of subsection (c) of section 4413 of the insurance
law is amended to read as follows:
  (1) No person who has been convicted by a court of the  United  States
or  by  a court of any state or territory thereof of a felony, or of any
crime or offense involving  fraudulent  or  dishonest  practices,  shall
serve, be appointed, designated or employed as a trustee, administrator,
officer,  agent  or employee of any employee welfare fund (other than an
employee performing non-discretionary clerical or  building  maintenance
duties  exclusively)  during  or for five years after such conviction or
the suspension of sentence therefor or from the date  of  his  unrevoked
release  from custody by parole, commutation or termination of sentence,
whichever event occurs later, unless prior to  the  expiration  of  said
five year period the conviction is finally reversed by a court of compe-
tent  jurisdiction  or  he has been pardoned therefor by the governor or
other appropriate authority of the state or jurisdiction in which he was
convicted or he has received a certificate of relief  from  disabilities
OR  A  CERTIFICATE OF GOOD CONDUCT pursuant to the provisions of article
twenty-three of the correction law which specifically removes the  disa-
bility herein provided.

S. 6606--B                         229                        A. 9706--C

  S  20.  Paragraph  (a)  of subdivision 5 of section 2806 of the public
health law, as amended by chapter 584 of the laws of 1983, is amended to
read as follows:
  (a)  Except as provided in paragraphs (b) and (d) of this subdivision,
anything contained in this section or in a certificate  of  relief  from
disabilities OR A CERTIFICATE OF GOOD CONDUCT issued pursuant to article
twenty-three  of  the  correction law to the contrary notwithstanding, a
hospital operating certificate of a hospital under control of a control-
ling person as defined in paragraph (a) of subdivision twelve of section
twenty-eight hundred one-a of this [chapter] ARTICLE, or  under  control
of  any  other entity, shall be revoked upon a finding by the department
that such controlling person or any individual, member of a  partnership
or shareholder of a corporation to whom or to which an operating certif-
icate  has  been issued, has been convicted of a class A, B or C felony,
or a felony related in any way to any activity or program subject to the
regulations, supervision, or administration of the department or of  the
[department  of  social  services]  OFFICE  OF  TEMPORARY AND DISABILITY
ASSISTANCE or in violation of the public officers  law  in  a  court  of
competent  jurisdiction  in  the  state, or of a crime outside the state
which, if committed within the state, would have been a class A, B or  C
felony or a felony related in any way to any activity or program subject
to  the regulations, supervision, or administration of the department or
of the [department of social services] OFFICE OF TEMPORARY AND DISABILI-
TY ASSISTANCE or in violation of the public officers law.
  S 21. Paragraph (c) of subdivision 2 of section  2897  of  the  public
health  law,  as added by chapter 569 of the laws of 1970, is amended to
read as follows:
  (c) If a person convicted of a felony or crime deemed hereby to  be  a
felony  is subsequently pardoned by the governor of the state where such
conviction was had, or by the president of the United States,  or  shall
receive  a  CERTIFICATE  OF RELIEF FROM DISABILITIES OR A certificate of
good  conduct  [granted  by  the  board  of  parole]  pursuant  to  [the
provisions  of the executive] ARTICLE TWENTY-THREE OF THE CORRECTION law
for the purpose of removing the disability under this section because of
such conviction, the board may, in its  discretion,  on  application  of
such  person,  and  on  the  submission  to it of satisfactory evidence,
restore to such person the right to practice nursing home administration
in this state.
  S 22. Section 3454 of the public health law  is  amended  to  read  as
follows:
  S  3454.  Restoration  of licenses after conviction of a felony.  If a
person convicted of a felony or crime deemed to be a  felony  is  subse-
quently  pardoned by the governor of the state where such conviction was
had or by the president of the United States, or shall receive a CERTIF-
ICATE OF RELIEF FROM DISABILITIES  OR  A  certificate  of  good  conduct
[granted  by  the  board  of  parole] pursuant to [the provisions of the
executive] ARTICLE TWENTY-THREE OF THE  CORRECTION  law  to  remove  the
disability  under  this  section because of such conviction, the commis-
sioner may, in his discretion, on application of such person, and on the
submission to him of satisfactory evidence, restore to such  person  the
right to practice in this state.
  S  23.   The first undesignated paragraph of section 440-a of the real
property law, as amended by chapter 430 of the laws of 2008, is  amended
to read as follows:
  No  person,  co-partnership,  limited liability company or corporation
shall engage in or follow the business or occupation of, or hold himself

S. 6606--B                         230                        A. 9706--C

or itself out or act temporarily or otherwise as a real estate broker or
real estate salesman in this state without  first  procuring  a  license
therefor  as  provided in this article. No person shall be entitled to a
license  as  a real estate broker under this article, either as an indi-
vidual or as a member of a co-partnership, or as a member or manager  of
a limited liability company or as an officer of a corporation, unless he
or she is twenty years of age or over, a citizen of the United States or
an alien lawfully admitted for permanent residence in the United States.
No person shall be entitled to a license as a real estate salesman under
this  article  unless  he  or  she is over the age of eighteen years. No
person shall be entitled to a license as a real estate  broker  or  real
estate  salesman under this article who has been convicted in this state
or elsewhere of a felony, of a sex offense, as  defined  in  subdivision
two  of  section  one hundred sixty-eight-a of the correction law or any
offense committed outside of this state which  would  constitute  a  sex
offense,  or a sexually violent offense, as defined in subdivision three
of section one hundred  sixty-eight-a  of  the  correction  law  or  any
offense  committed  outside this state which would constitute a sexually
violent offense, and who has not subsequent to such conviction  received
executive  pardon  therefor or a CERTIFICATE OF RELIEF FROM DISABILITIES
OR A certificate of good conduct [from the  parole  board]  PURSUANT  TO
ARTICLE  TWENTY-THREE  OF  THE  CORRECTION LAW, to remove the disability
under this section because of such conviction. No person shall be  enti-
tled  to a license as a real estate broker or real estate salesman under
this article who does not meet the requirements of section 3-503 of  the
general obligations law.
  S 24. Paragraph (c) of subdivision 8 of section 283 of the tax law, as
amended  by  chapter  276  of  the  laws  of 1986, is amended to read as
follows:
  (c) If a person convicted of a felony or crime deemed hereby to  be  a
felony  is subsequently pardoned by the governor of the state where such
conviction was had, or by the president of the United States,  or  shall
receive  a  CERTIFICATE  OF RELIEF FROM DISABILITIES OR A certificate of
good  conduct  [granted  by  the  board  of  parole]  pursuant  to  [the
provisions  of the executive] ARTICLE TWENTY-THREE OF THE CORRECTION law
for the purpose of removing the disability under this section because of
such conviction, the tax commission may, in its discretion, on  applica-
tion of such person and compliance with subdivision two of this section,
and on the submission to it of satisfactory evidence of good moral char-
acter and suitability, again register such person as a distributor under
this article.
  S  25.  Paragraph (a) of subdivision 1 of section 509-c of the vehicle
and traffic law, as amended by chapter 360  of  the  laws  of  1986,  is
amended to read as follows:
  (a)  permanently,  if  that  person has been convicted of or forfeited
bond or collateral which forfeiture order has not been  vacated  or  the
subject  of  an  order  of remission upon a violation of section 130.30,
130.35, 130.45, 130.50, 130.60, or  130.65  of  the  penal  law,  or  an
offense  committed  under  a former section of the penal law which would
constitute a violation of the aforesaid sections of the penal law or any
offense committed  outside  of  this  state  which  would  constitute  a
violation of the aforesaid sections of the penal law, provided, however,
the provisions of this paragraph shall not apply to convictions, suspen-
sions  or revocations or forfeitures of bonds for collateral upon any of
the charges listed in this paragraph for violations which occurred prior
to September first, nineteen hundred seventy-four committed by a  person

S. 6606--B                         231                        A. 9706--C

employed  as  a bus driver on September first, nineteen hundred seventy-
four. However, such disqualification may be waived  provided  that  five
years have expired since the applicant was discharged or released from a
sentence  of  imprisonment  imposed pursuant to conviction of an offense
that requires disqualification under this paragraph and that the  appli-
cant  shall  have been granted a certificate of relief from disabilities
[as provided for in section seven hundred one] OR A CERTIFICATE OF  GOOD
CONDUCT PURSUANT TO ARTICLE TWENTY-THREE of the correction law.
  S  26.  Paragraph (a) of subdivision 2 of section 509-c of the vehicle
and traffic law, as added by chapter 675 of the laws of 1985, is amended
to read as follows:
  (a) permanently, if that person has been  convicted  of  or  forfeited
bond  or  collateral  which forfeiture order has not been vacated or the
subject of an order of remission upon a  violation  committed  prior  to
September  fifteenth,  nineteen  hundred eighty-five, of section 130.30,
130.35, 130.45, 130.50, 130.60, or  130.65  of  the  penal  law,  or  an
offense  committed  under  a former section of the penal law which would
constitute a violation of the aforesaid sections of the penal law or any
offense committed  outside  of  this  state  which  would  constitute  a
violation  of  the  aforesaid  sections  of the penal law. However, such
disqualification may be waived provided that  five  years  have  expired
since the applicant was discharged or released from a sentence of impri-
sonment  imposed  pursuant  to  conviction  of  an offense that requires
disqualification under this paragraph and that the applicant shall  have
been  granted a certificate of relief from disabilities [as provided for
in section seven hundred one] OR A CERTIFICATE OF GOOD CONDUCT  PURSUANT
TO ARTICLE TWENTY-THREE of the correction law.
  S  27. Subparagraphs (i), (ii) and (iii) of paragraph (a) and subpara-
graph (i) of paragraph (b) of subdivision 1 of  section  509-cc  of  the
vehicle  and  traffic  law, as added by chapter 675 of the laws of 1985,
are amended to read as follows:
  (i) has been convicted  of  or  forfeited  bond  or  collateral  which
forfeiture  order  has  not  been  vacated or the subject of an order of
remission upon a violation committed prior to September fifteenth, nine-
teen hundred eighty-five, of section  130.30,  130.35,  130.45,  130.50,
130.60,  or  130.65  of  the  penal law, or an offense committed under a
former section of the penal law which would constitute  a  violation  of
the aforesaid sections of the penal law or any offense committed outside
of  this  state  which  would  constitute  a  violation of the aforesaid
sections of the penal law, provided, however,  the  provisions  of  this
subparagraph  shall not apply to convictions, suspensions or revocations
or forfeitures of bonds for collateral upon any of the charges listed in
this subparagraph for  violations  which  occurred  prior  to  September
first, nineteen hundred seventy-four committed by a person employed as a
bus  driver  on September first, nineteen hundred seventy-four. However,
such disqualification may  be  waived  provided  that  five  years  have
expired  since  the applicant was discharged or released from a sentence
of imprisonment imposed  pursuant  to  conviction  of  an  offense  that
requires  disqualification  under  this paragraph and that the applicant
shall have been granted a certificate of relief  from  disabilities  [as
provided  for  in  section  seven  hundred one] OR A CERTIFICATE OF GOOD
CONDUCT PURSUANT TO ARTICLE TWENTY-THREE of the correction law. When the
certificate is issued by a court for a conviction which occurred in this
state, it shall only be issued by the  court  having  jurisdiction  over
such  conviction.  Such certificate shall specifically indicate that the
authority granting such certificate has considered the bearing, if  any,

S. 6606--B                         232                        A. 9706--C

the criminal offense or offenses for which the person was convicted will
have on the applicant's fitness or ability to operate a bus transporting
school  children  to  the  applicant's  prospective employment, prior to
granting such a certificate; or
  (ii)  has  been  convicted  of  an  offense listed in paragraph (a) of
subdivision four of this section that was committed on or after  Septem-
ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
tion  may  be  waived  by the commissioner provided that five years have
expired since the applicant was discharged or released from  a  sentence
of  imprisonment  imposed  pursuant  to  conviction  of  an offense that
requires disqualification under this paragraph and  that  the  applicant
shall  have  been  granted a certificate of relief from disabilities [as
provided for in section seven hundred one]  OR  A  CERTIFICATE  OF  GOOD
CONDUCT PURSUANT TO ARTICLE TWENTY-THREE of the correction law. When the
certificate is issued by a court for a conviction which occurred in this
state,  it  shall  only  be issued by the court having jurisdiction over
such conviction. Such certificate shall specifically indicate  that  the
authority  granting such certificate has considered the bearing, if any,
the criminal offense or offenses for which the person was convicted will
have on the applicant's fitness or ability to operate a bus transporting
school children, prior to granting such a certificate; or
  (iii) has been convicted of an offense  listed  in  paragraph  (b)  of
subdivision  four of this section that was committed on or after Septem-
ber fifteenth, nineteen hundred eighty-five. However, such disqualifica-
tion shall be waived provided that five years  have  expired  since  the
applicant discharged or released from a sentence of imprisonment imposed
pursuant  to  conviction  of  an  offense that requires disqualification
under this paragraph and that the applicant shall have  been  granted  a
certificate  of  relief  from  disabilities  [as provided for in section
seven hundred one] OR A CERTIFICATE OF GOOD CONDUCT PURSUANT TO  ARTICLE
TWENTY-THREE  of the correction law. When the certificate is issued by a
court for a conviction which occurred in this state, it  shall  only  be
issued  by  the  court  having  jurisdiction  over such conviction. Such
certificate shall specifically indicate that the authority granting such
certificate has considered the bearing, if any, the criminal offense  or
offenses for which the person was convicted will have on the applicant's
fitness  or ability to operate a bus transporting school children, prior
to  granting  such  a  certificate.  Provided,  however,  that  at   the
discretion of the commissioner, the certificate of relief from disabili-
ties may remove disqualification at any time; or
  (i)  has  been convicted within the preceding five years of an offense
listed in paragraph (c) of subdivision four of  this  section  that  was
committed on or after September fifteenth, nineteen hundred eighty-five.
However,  such disqualification shall be waived provided that the appli-
cant has been granted a certificate  of  relief  from  disabilities  [as
provided  for  in  section  seven  hundred one] OR A CERTIFICATE OF GOOD
CONDUCT PURSUANT TO ARTICLE TWENTY-THREE of the correction law. When the
certificate is issued by a court for a conviction which occurred in this
state, it shall only be issued by the  court  having  jurisdiction  over
such  conviction.  Such certificate shall specifically indicate that the
authority granting such certificate has considered the bearing, if  any,
the criminal offense or offenses for which the person was convicted will
have on the applicant's fitness or ability to operate a bus transporting
school children, prior to granting such a certificate;
  S  28. Paragraphs (a) and (b) and subparagraph (i) of paragraph (c) of
subdivision 2 of section 509-cc of the vehicle and  traffic  law,  para-

S. 6606--B                         233                        A. 9706--C

graph  (a) and subparagraph (i) of paragraph (c) as added by chapter 675
of the laws of 1985 and paragraph (b) as amended by chapter 360  of  the
laws of 1986, are amended to read as follows:
  (a) permanently, if that person has been convicted of an offense list-
ed  in  paragraph (a) of subdivision four of this section. However, such
disqualification may be waived by the commissioner  provided  that  five
years have expired since the applicant was discharged or released from a
sentence  of  imprisonment  imposed pursuant to conviction of an offense
that requires disqualification under this paragraph and that the  appli-
cant  shall  have been granted a certificate of relief from disabilities
[as provided for in section seven hundred one] OR A CERTIFICATE OF  GOOD
CONDUCT PURSUANT TO ARTICLE TWENTY-THREE of the correction law. When the
certificate is issued by a court for a conviction which occurred in this
state,  it  shall  only  be issued by the court having jurisdiction over
such conviction. Such certificate shall specifically indicate  that  the
authority  granting such certificate has considered the bearing, if any,
the criminal offense or offenses for which the person was convicted will
have on the applicant's fitness or ability to operate a bus transporting
school children to the  applicant's  prospective  employment,  prior  to
granting such a certificate.
  (b) permanently, if that person has been convicted of an offense list-
ed  in  paragraph (b) of subdivision four of this section. However, such
disqualification shall be waived provided that five years  have  expired
since the applicant was incarcerated pursuant to a sentence of imprison-
ment  imposed on conviction of an offense that requires disqualification
under this paragraph and that the applicant shall have  been  granted  a
certificate  of  relief  from  disabilities  [as provided for in section
seven hundred one] OR A CERTIFICATE OF GOOD CONDUCT PURSUANT TO  ARTICLE
TWENTY-THREE  of the correction law. When the certificate is issued by a
court for a conviction which occurred in this state, it  shall  only  be
issued  by  the  court  having  jurisdiction  over such conviction. Such
certificate shall specifically indicate that the authority granting such
certificate has considered the bearing, if any, the criminal offense  or
offenses for which the person was convicted will have on the applicant's
fitness  or ability to operate a bus transporting school children, prior
to  granting  such  a  certificate.  Provided,  however,  that  at   the
discretion  of the commissioner the certificate of relief from disabili-
ties OR A CERTIFICATE OF GOOD CONDUCT PURSUANT TO  ARTICLE  TWENTY-THREE
OF THE CORRECTION LAW may remove disqualification at any time.
  (i)  has  been convicted within the preceding five years of an offense
listed in paragraph (c) of subdivision four of  this  section.  However,
notwithstanding  the  provisions  of  subdivision three of section seven
hundred one of the correction law. Such disqualification shall be waived
provided that the applicant has been granted  a  certificate  of  relief
from  disabilities [as provided for in section seven hundred one-g] OR A
CERTIFICATE OF GOOD CONDUCT PURSUANT  TO  ARTICLE  TWENTY-THREE  of  the
correction  law.  When  the  certificate  is  issued  by  a  court for a
conviction which occurred in this state, it shall only be issued by  the
court  having  jurisdiction over such conviction. Such certificate shall
specifically indicate that the authority granting such  certificate  has
considered  the  bearing,  if  any, the criminal offense or offenses for
which the person was convicted will have on the applicant's  fitness  or
ability to operate a bus transporting school children, prior to granting
such a certificate.

S. 6606--B                         234                        A. 9706--C

  S  29.  Subparagraph  (iii) of paragraph d of subdivision 6 of section
510 of the vehicle and traffic law, as added by chapter 173 of the  laws
of 1990, is amended to read as follows:
  (iii)  after  such  documentation, if required, is accepted, that such
person is granted a certificate of relief from disabilities [as provided
for in section seven hundred one]  OR  A  CERTIFICATE  OF  GOOD  CONDUCT
PURSUANT  TO  ARTICLE TWENTY-THREE of the correction law by the court in
which such person was last penalized.
  S 30. Subparagraph (iii) of paragraph (c) of subdivision 2 of  section
510-a of the vehicle and traffic law, as amended by section 13 of part E
of chapter 60 of the laws of 2005, is amended to read as follows:
  (iii)  after  such  documentation, if required, is accepted, that such
person is granted a certificate of relief from disabilities [as provided
for in section seven hundred one]  OR  A  CERTIFICATE  OF  GOOD  CONDUCT
PURSUANT  TO  ARTICLE TWENTY-THREE of the correction law by the court in
which such person was last penalized.
  S 31. Subdivision 5 of section 530 of the vehicle and traffic law,  as
amended  by  section  15 of part E of chapter 60 of the laws of 2005, is
amended to read as follows:
  (5) A restricted use license or privilege shall be valid for the oper-
ation of any motor vehicle, except a vehicle  for  hire  as  a  taxicab,
livery,  coach, limousine, van or wheelchair accessible van or tow truck
as defined in this chapter subject to the conditions set  forth  herein,
which  the holder would otherwise be entitled to operate had his drivers
license or privilege not  been  suspended  or  revoked.  Notwithstanding
anything to the contrary in a certificate of relief from disabilities OR
A CERTIFICATE OF GOOD CONDUCT issued pursuant to article twenty-three of
the  correction law, a restricted use license shall not be valid for the
operation of a commercial motor vehicle. A restricted use license  shall
not  be  valid  for  the  operation  of a vehicle for hire as a taxicab,
livery, coach, limousine, van or wheelchair accessible van or tow  truck
where  the  holder  thereof  had his or her drivers license suspended or
revoked and (i) such suspension or revocation is mandatory  pursuant  to
the  provisions  of subdivision two or two-a of section five hundred ten
of this title; or (ii) any such suspension is permissive for habitual or
persistent violations of this chapter or any local law relating to traf-
fic as set forth in paragraph d or i of  subdivision  three  of  section
five  hundred ten of this title; or (iii) any such suspension is permis-
sive and has been imposed by a magistrate, justice or judge of any city,
town or village, any supreme court justice, any county judge,  or  judge
of a district court. Except for a commercial motor vehicle as defined in
subdivision  four  of  section  five  hundred  one-a  of this title, the
restrictions  on  types  of  vehicles  which  may  be  operated  with  a
restricted license contained in this subdivision shall not be applicable
to  a  restricted  license  issued  to  a  person whose license has been
suspended pursuant to paragraph three of subdivision four-e  of  section
five hundred ten of this [chapter] TITLE.
  S  32.  Item (ii) of clause (b) of subparagraph 12 of paragraph (b) of
subdivision 2 of section 1193 of the vehicle and traffic law,  as  added
by chapter 732 of the laws of 2006, is amended to read as follows:
  (ii) that such person is granted a certificate of relief from disabil-
ities  [as  provided  for in section seven hundred one of the correction
law by the court in which such person was last sentenced] OR  A  CERTIF-
ICATE OF GOOD CONDUCT PURSUANT TO ARTICLE TWENTY-THREE OF THE CORRECTION
LAW.

S. 6606--B                         235                        A. 9706--C

  Provided, however, that the commissioner may, on a case by case basis,
refuse  to  restore a license which otherwise would be restored pursuant
to this item, in the interest of the public safety and welfare.
  S  33. Item (iii) of clause (e) of subparagraph 12 of paragraph (b) of
subdivision 2 of section 1193 of the vehicle and traffic law,  as  added
by chapter 732 of the laws of 2006, is amended to read as follows:
  (iii) after such documentation is accepted, that such person is grant-
ed a certificate of relief from disabilities [as provided for in section
seven  hundred  one  of  the  correction  law by the court in which such
person was last sentenced] OR A CERTIFICATE OF GOOD CONDUCT PURSUANT  TO
ARTICLE TWENTY-THREE OF THE CORRECTION LAW.
  S 34. Subparagraph 1 of paragraph (d) of subdivision 2 of section 1193
of the vehicle and traffic law, as amended by chapter 173 of the laws of
1990, is amended to read as follows:
  (1)  Notwithstanding  anything  to the contrary contained in a certif-
icate of relief from disabilities  OR  A  CERTIFICATE  OF  GOOD  CONDUCT
issued  pursuant  to article twenty-three of the correction law, where a
suspension or revocation, other than a revocation required to be  issued
by  the  commissioner,  is mandatory pursuant to paragraph (a) or (b) of
this subdivision, the magistrate, justice or judge shall issue an  order
suspending  or  revoking  such  license upon sentencing, and the license
holder shall surrender such license to the court. Except as  hereinafter
provided, such suspension or revocation shall take effect immediately.
  S  35.  Item  (iii)  of clause a of subparagraph 3 of paragraph (e) of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by chapter 173 of the laws of 1990, is amended to read as follows:
  (iii) after such documentation is accepted, that such person is grant-
ed a certificate of relief from disabilities [as provided for in section
seven hundred one of the correction law  by  the  court  in  which  such
person  was  last penalized pursuant to paragraph (d) of subdivision one
of this section] OR A CERTIFICATE OF GOOD CONDUCT  PURSUANT  TO  ARTICLE
TWENTY-THREE OF THE CORRECTION LAW.
  S  36.  Item  (iii)  of clause b of subparagraph 3 of paragraph (e) of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by section 17 of part E of chapter 60 of the laws of 2005, is amended to
read as follows:
  (iii) after such documentation is accepted, that such person is grant-
ed a certificate of relief from disabilities [as provided for in section
seven hundred one of the correction law  by  the  court  in  which  such
person  was  last penalized pursuant to paragraph (d) of subdivision one
of this section] OR A CERTIFICATE OF GOOD CONDUCT  PURSUANT  TO  ARTICLE
TWENTY-THREE OF THE CORRECTION LAW.
  S  37.  Item  (iii)  of clause c of subparagraph 1 of paragraph (d) of
subdivision 2 of section 1194 of the vehicle and traffic law, as amended
by chapter 732 of the laws of 2006, is amended to read as follows:
  (iii) after such documentation is accepted, that such person is grant-
ed a certificate of relief from disabilities [as provided for in section
seven hundred one] OR A CERTIFICATE OF GOOD CONDUCT PURSUANT TO  ARTICLE
TWENTY-THREE of the correction law by the court in which such person was
last penalized.
  S  38.  Paragraph  (g) of subdivision 7 of section 1196 of the vehicle
and traffic law, as amended by section 19 of part E of chapter 60 of the
laws of 2005, is amended to read as follows:
  (g) Notwithstanding anything to the contrary contained  in  a  certif-
icate  of  relief  from  disabilities  OR  A CERTIFICATE OF GOOD CONDUCT
issued pursuant to article  twenty-three  of  the  correction  law,  any

S. 6606--B                         236                        A. 9706--C

conditional  license  or  privilege  issued  to  a person convicted of a
violation of any subdivision of section  eleven  hundred  ninety-two  of
this  article  shall  not  be  valid for the operation of any commercial
motor  vehicle.  In  addition,  no such conditional license or privilege
shall be valid for the operation of a taxicab as defined in  this  chap-
ter.
  S  39. This act shall take effect immediately, provided, however, that
the amendments to subdivision (5) of section  530  of  the  vehicle  and
traffic  law made by section thirty-one of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith.

                                 PART MM

  Section 1. Section 79-b 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-b. Adaptive reuse plan for consideration prior to prison closure.
Not  later  than  six months prior to the effective date of closure of a
correctional facility, the commissioner OF ECONOMIC  DEVELOPMENT  shall,
in  consultation  with  THE COMMISSIONER, the commissioners of [economic
development,] civil service, GENERAL SERVICES and the division of crimi-
nal justice services [and], the director of  the  governor's  office  of
employee  relations, OFFICIALS OF ALL LOCAL GOVERNMENTS OF ANY POLITICAL
SUBDIVISION IN WHICH THE CORRECTIONAL FACILITY IS LOCATED AND ANY  OTHER
APPROPRIATE STATE AGENCIES OR AUTHORITIES, provide a report for an adap-
tive  reuse plan for any facility slated for closure which will evaluate
the community impact of the proposed closure including but  not  limited
to  the  following  factors:   the potential to utilize the property for
another state government purpose, including for a new purpose as part of
the state criminal justice system; potential for the sale or transfer of
the property to a local government or other governmental entity;  poten-
tial  for  the  sale of the property to a private entity for development
into a business, residential or other purpose; community input for local
development; and the condition  of  the  facility  and  the  investments
required  to keep the structure in good repair, or to make it viable for
reuse.
  S 2. This act shall take effect immediately.

                                 PART NN

  Section 1. Section 677 of the county law is amended by  adding  a  new
subdivision 9 to read as follows:
  9.  WHEN  REQUIRED  FOR  OFFICIAL  PURPOSES OF THE STATE DEPARTMENT OF
HEALTH, THE STATE COMMISSIONER OF HEALTH OR  HIS  OR  HER  DESIGNEE  MAY
REQUEST COPIES OF ALL REPORTS AND RECORDS RELATED TO A DEATH, INCLUDING,
BUT NOT LIMITED TO, AUTOPSY REPORTS AND TOXICOLOGY REPORTS. UPON RECEIPT
OF THE WRITTEN REQUEST OF THE STATE COMMISSIONER OF HEALTH OR HIS OR HER
DESIGNEE,  A  CORONER,  CORONER'S  PHYSICIAN OR MEDICAL EXAMINER, SHALL,
WITHIN THREE BUSINESS DAYS OF THEIR COMPLETION, PROVIDE TO SUCH  COMMIS-
SIONER OR HIS OR HER DESIGNEE A COPY OF ALL REPORTS AND RECORDS, INCLUD-
ING,  BUT NOT LIMITED TO, AUTOPSY REPORTS AND TOXICOLOGY REPORTS RELATED
TO THE DEATH.
  S 2. This act shall take effect immediately.

                                 PART OO

S. 6606--B                         237                        A. 9706--C

  Section 1. Subdivision 2 of section  102  of  the  alcoholic  beverage
control  law,  as amended by chapter 340 of the laws of 1972, is amended
to read as follows:
  2.  No  person  holding any license hereunder, other than a license to
sell an alcoholic beverage at retail for off-premises consumption  OR  A
LICENSE  OR  SPECIAL LICENSE TO SELL AN ALCOHOLIC BEVERAGE AT RETAIL FOR
CONSUMPTION ON THE PREMISES WHERE SUCH LICENSE AUTHORIZES  THE  SALE  OF
LIQUOR,  BEER  AND/OR  WINE ON THE PREMISES OF A CATERING ESTABLISHMENT,
HOTEL, RESTAURANT,  CLUB,  OR  RECREATIONAL  FACILITY,  shall  knowingly
employ  in  connection with his business in any capacity whatsoever, any
person, who has been convicted of a felony,  or  any  of  the  following
offenses,  who  has not subsequent to such conviction received an execu-
tive pardon therefor removing any civil disabilities incurred thereby, a
certificate of good conduct or other relief from  disabilities  provided
by law, or the written approval of the state liquor authority permitting
such employment, to wit:
  (a)  Illegally using, carrying or possessing a pistol or other danger-
ous weapon;
  (b) Making or possessing burglar's instruments;
  (c) Buying or receiving or criminally possessing stolen property;
  (d) Unlawful entry of a building;
  (e) Aiding escape from prison;
  (f) Unlawfully  possessing  or  distributing  habit  forming  narcotic
drugs;
  (g)  Violating subdivisions six, eight, ten or eleven of section seven
hundred twenty-two of the former penal law as in force and effect  imme-
diately  prior  to  September  first,  nineteen  hundred sixty-seven, or
violating sections 165.25, 165.30 or subdivision three of section 240.35
of the penal law;
  (h) Vagrancy or prostitution; or
  (i) Ownership, operation, possession, custody or control  of  a  still
subsequent to July first, nineteen hundred fifty-four.
  If,  as  hereinabove  provided,  the state liquor authority issues its
written approval for the employment by a licensee, in a specified capac-
ity, of a person previously convicted of a felony or any of the offenses
above enumerated, such person, may, unless he is subsequently  convicted
of  a felony or any of such offenses, thereafter be employed in the same
capacity by any other licensee without the further written  approval  of
the authority unless the prior approval given by the authority is termi-
nated.
  The  liquor  authority  may  make  such rules as it deems necessary to
carry out the purpose and intent of this subdivision.
  AS USED IN THIS SUBDIVISION, "RECREATIONAL FACILITY" SHALL MEAN:   (I)
PREMISES  THAT  ARE  PART  OF A FACILITY THE PRINCIPAL BUSINESS OF WHICH
SHALL BE THE PROVIDING OF RECREATION IN THE FORM OF GOLF, TENNIS,  SWIM-
MING,  SKIING OR BOATING; AND (II) PREMISES IN WHICH THE PRINCIPAL BUSI-
NESS SHALL BE THE OPERATION OF A THEATRE,  CONCERT  HALL,  OPERA  HOUSE,
BOWLING  ESTABLISHMENT,  EXCURSION  AND  SIGHTSEEING VESSEL, OR ACCOMMO-
DATION OF ATHLETIC EVENTS, SPORTING EVENTS, EXPOSITIONS AND OTHER  SIMI-
LAR  EVENTS OR OCCASIONS REQUIRING THE ACCOMMODATION OF LARGE GATHERINGS
OF PERSONS.
  S 2. The correction law is amended by adding a new section 9  to  read
as follows:
  S  9.  ACCESS TO INMATE INFORMATION VIA THE INTERNET.  NOTWITHSTANDING
ANY PROVISION OF LAW TO THE CONTRARY, ANY INFORMATION  RELATING  TO  THE
CONVICTION OF A PERSON, EXCEPT FOR A PERSON CONVICTED OF AN OFFENSE THAT

S. 6606--B                         238                        A. 9706--C

WOULD  MAKE  SUCH  PERSON  INELIGIBLE FOR MERIT TIME UNDER SECTION EIGHT
HUNDRED THREE OF THIS CHAPTER OR AN OFFENSE FOR WHICH REGISTRATION AS  A
SEX  OFFENDER  IS  REQUIRED  AS SET FORTH IN SUBDIVISION TWO OR THREE OF
SECTION  ONE  HUNDRED SIXTY-EIGHT-A OF THIS CHAPTER, THAT IS POSTED ON A
WEBSITE MAINTAINED BY OR FOR THE DEPARTMENT, UNDER ARTICLE  SIX  OF  THE
PUBLIC  OFFICERS  LAW, MAY BE POSTED ON SUCH WEBSITE FOR A PERIOD NOT TO
EXCEED FIVE YEARS AFTER THE EXPIRATION  OF  SUCH  PERSON'S  SENTENCE  OF
IMPRISONMENT  AND  ANY  PERIOD  OF  PAROLE  OR POST-RELEASE SUPERVISION;
PROVIDED, HOWEVER, THAT IN THE CASE OF A PERSON WHO HAS  BEEN  COMMITTED
TO  THE  DEPARTMENT  ON  MORE THAN ONE OCCASION, THE DEPARTMENT MAY POST
CONVICTION INFORMATION RELATING TO ANY PRIOR COMMITMENT ON SUCH  WEBSITE
FOR  A  PERIOD  NOT  TO  EXCEED  FIVE YEARS AFTER THE EXPIRATION OF SUCH
PERSON'S SENTENCE OF IMPRISONMENT AND ANY PERIOD OF PAROLE  OR  POST-RE-
LEASE SUPERVISION ARISING FROM THE MOST RECENT COMMITMENT TO THE DEPART-
MENT.
  S  3.  Section  703  of  the correction law is amended by adding a new
subdivision 7 to read as follows:
  7. PRESUMPTION BASED ON FEDERAL RECOMMENDATION. WHERE A CERTIFICATE OF
RELIEF FROM DISABILITIES IS SOUGHT PURSUANT TO PARAGRAPH (B) OF SUBDIVI-
SION ONE OF THIS SECTION ON A  JUDGMENT  OF  CONVICTION  RENDERED  BY  A
FEDERAL  DISTRICT  COURT  IN  THIS  STATE  AND THE BOARD OF PAROLE IS IN
RECEIPT OF A WRITTEN RECOMMENDATION IN FAVOR OF  THE  ISSUANCE  OF  SUCH
CERTIFICATE  FROM THE CHIEF PROBATION OFFICER OF THE DISTRICT, THE BOARD
SHALL ISSUE THE REQUESTED CERTIFICATE UNLESS IT FINDS THAT THE  REQUIRE-
MENTS  OF  PARAGRAPHS  (A),  (B)  AND  (C)  OF SUBDIVISION THREE OF THIS
SECTION HAVE NOT BEEN SATISFIED; OR THAT THE INTERESTS OF JUSTICE  WOULD
NOT BE ADVANCED BY THE ISSUANCE OF THE CERTIFICATE.
  S  4.  Section  837  of  the  executive law is amended by adding a new
subdivision 6-a to read as follows:
  6-A. UPON REQUEST, PROVIDE AN INMATE OF THE STATE OR LOCAL CORRECTION-
AL FACILITY, AT NO CHARGE, WITH A COPY OF ALL CRIMINAL HISTORY  INFORMA-
TION MAINTAINED ON FILE BY THE DIVISION PERTAINING TO SUCH INMATE.
  S  5. Paragraph (a) of subdivision 2 of section 390.50 of the criminal
procedure law, as amended by chapter 14 of the laws of 1985, is  amended
to read as follows:
  (a)  Not less than one court day prior to sentencing, unless such time
requirement is waived by the parties, the pre-sentence report  or  memo-
randum  shall  be  made  available  by the court for examination and for
copying by the defendant's attorney, the defendant himself, if he has no
attorney, and the prosecutor. In its discretion, the  court  may  except
from disclosure a part or parts of the report or memoranda which are not
relevant to a proper sentence, or a diagnostic opinion which might seri-
ously  disrupt  a  program  of rehabilitation, or sources of information
which have been obtained on a promise of confidentiality, or  any  other
portion  thereof,  disclosure  of  which would not be in the interest of
justice. In all cases where a part or parts of the report  or  memoranda
are  not  disclosed, the court shall state for the record that a part or
parts of the report or memoranda have been excepted and the reasons  for
its  action.  The action of the court excepting information from disclo-
sure shall be subject to appellate review. The pre-sentence report shall
be made available by the court for examination and copying in connection
with any appeal in the case, including an appeal under this subdivision.
UPON WRITTEN REQUEST, THE COURT SHALL MAKE A  COPY  OF  THE  PRESENTENCE
REPORT,  OTHER  THAN A PART OR PARTS OF THE REPORT REDACTED BY THE COURT
PURSUANT TO THIS PARAGRAPH, AVAILABLE TO THE DEFENDANT  FOR  USE  BEFORE
THE  PAROLE  BOARD  FOR  RELEASE  CONSIDERATION OR AN APPEAL OF A PAROLE

S. 6606--B                         239                        A. 9706--C

BOARD DETERMINATION. IN HIS OR HER WRITTEN  REQUEST  TO  THE  COURT  THE
DEFENDANT  SHALL  AFFIRM THAT HE OR SHE ANTICIPATES AN APPEARANCE BEFORE
THE PAROLE BOARD OR INTENDS TO FILE AN ADMINISTRATIVE APPEAL OF A PAROLE
BOARD  DETERMINATION. THE COURT SHALL RESPOND TO THE DEFENDANT'S WRITTEN
REQUEST WITHIN TWENTY DAYS  FROM  RECEIPT  OF  THE  DEFENDANT'S  WRITTEN
REQUEST.
  S  6. Subdivision 4 of section 4174 of the public health law, as sepa-
rately amended by chapters 409 and 698 of the laws of 1978,  is  amended
to read as follows:
  4.  No  fee shall be charged for a search, certification, certificate,
certified copy or certified transcript of a record to be used for school
entrance, employment certificate or for purposes  of  public  relief  or
when  required  by the veterans administration to be used in determining
the eligibility of any person to participate in the benefits made avail-
able by the veterans administration or  when  required  by  a  board  of
elections  for  the  purposes  of  determining voter eligibility OR WHEN
REQUESTED BY THE DEPARTMENT OF CORRECTIONAL SERVICES OR A LOCAL  CORREC-
TIONAL  FACILITY AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THE
CORRECTION LAW FOR THE PURPOSE OF PROVIDING A CERTIFIED COPY  OR  CERTI-
FIED  TRANSCRIPT  OF BIRTH TO AN INMATE IN ANTICIPATION OF SUCH INMATE'S
RELEASE FROM CUSTODY OR WHEN REQUESTED BY THE  OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES  OR AN AUTHORIZED AGENCY FOR THE PURPOSE OF PROVIDING A
CERTIFIED COPY OR CERTIFIED TRANSCRIPT OF BIRTH TO A YOUTH PLACED IN THE
CUSTODY OF THE LOCAL COMMISSIONER OF SOCIAL SERVICES OR THE  CUSTODY  OF
THE  OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO ARTICLE THREE OF
THE FAMILY COURT ACT IN ANTICIPATION  OF  SUCH  YOUTH'S  DISCHARGE  FROM
PLACEMENT.
  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. 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 shall
charge, and the applicant shall pay, for a  search  of  two  consecutive
calendar  years  under  one  name  and  the issuance of a certificate of
birth, death or termination of pregnancy, or a certification of birth or
death, or a certification that the record cannot  be  found,  a  fee  of
fifteen  dollars  for  each  copy.   PROVIDED, HOWEVER, THAT NO SUCH FEE
SHALL BE CHARGED WHEN THE DEPARTMENT OF CORRECTIONAL SERVICES OR A LOCAL
CORRECTIONAL FACILITY AS DEFINED IN SUBDIVISION SIXTEEN OF  SECTION  TWO
OF  THE  CORRECTION LAW REQUESTS A CERTIFICATE OF BIRTH OR CERTIFICATION
OF BIRTH FOR THE PURPOSE OF  PROVIDING  SUCH  CERTIFICATE  OF  BIRTH  OR
CERTIFICATION  OF  BIRTH  TO  AN INMATE IN ANTICIPATION OF SUCH INMATE'S
RELEASE FROM CUSTODY OR WHEN THE OFFICE OF CHILDREN AND FAMILY  SERVICES
OR  AN  AUTHORIZED  AGENCY  REQUESTS A CERTIFIED COPY OR CERTIFIED TRAN-
SCRIPT OF BIRTH FOR A YOUTH PLACED IN THE CUSTODY OF THE  LOCAL  COMMIS-
SIONER  OF  SOCIAL SERVICES OR THE CUSTODY OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES PURSUANT TO ARTICLE THREE OF THE FAMILY  COURT  ACT  FOR
THE  PURPOSE OF PROVIDING SUCH CERTIFIED COPY OR CERTIFIED TRANSCRIPT OF
BIRTH TO SUCH YOUTH IN ANTICIPATION OF DISCHARGE FROM PLACEMENT.
  S 8. The correction law is amended by adding a new section 75 to  read
as follows:
  S  75. NOTICE OF VOTING RIGHTS. UPON THE DISCHARGE FROM A CORRECTIONAL
FACILITY OF ANY  PERSON  WHOSE  MAXIMUM  SENTENCE  OF  IMPRISONMENT  HAS
EXPIRED,  THE DEPARTMENT SHALL NOTIFY SUCH PERSON OF HIS OR HER RIGHT TO
VOTE AND PROVIDE SUCH PERSON WITH A FORM OF APPLICATION FOR VOTER REGIS-

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TRATION TOGETHER WITH WRITTEN INFORMATION DISTRIBUTED BY  THE  BOARD  OF
ELECTIONS ON THE IMPORTANCE AND THE MECHANICS OF VOTING.
  S  9.  The  executive law is amended by adding a new section 259-jj to
read as follows:
  S 259-JJ. VOTING RIGHTS UPON DISCHARGE. UPON  DISCHARGE  OF  A  PERSON
FROM  PRESUMPTIVE  RELEASE,  PAROLE, OR CONDITIONAL RELEASE, OR UPON THE
EXPIRATION OF A PERSON'S MAXIMUM SENTENCE OF  IMPRISONMENT  WHILE  UNDER
THE  SUPERVISION OF THE DIVISION OF PAROLE, THE DIVISION OF PAROLE SHALL
NOTIFY SUCH PERSON OF HIS OR HER RIGHT TO VOTE, PROVIDE SUCH PERSON WITH
A FORM OF APPLICATION  FOR  VOTER  REGISTRATION  TOGETHER  WITH  WRITTEN
INFORMATION  DISTRIBUTED BY THE BOARD OF ELECTIONS ON THE IMPORTANCE AND
THE MECHANICS OF VOTING.
  S 10. Subdivision 16 of section 3-102 of the election law, as added by
chapter 23 of the laws of 2005, is amended and a new subdivision 16-a is
added to read as follows:
  16. administer the administrative complaint procedure as provided  for
in section 3-105 of this article[.];
  16-A. PROVIDE THE DEPARTMENT OF CORRECTIONAL SERVICES AND THE DIVISION
OF  PAROLE WITH A SUFFICIENT NUMBER OF VOTER REGISTRATION FORMS TO ALLOW
THE DEPARTMENT OF CORRECTIONAL SERVICES AND THE DIVISION  OF  PAROLE  TO
COMPLY WITH THE DUTY TO PROVIDE SUCH VOTER REGISTRATION FORMS TO PERSONS
UPON  THE  EXPIRATION  OF  THEIR  MAXIMUM SENTENCE OF IMPRISONMENT. SUCH
VOTER REGISTRATION FORMS SHALL  BE  ADDRESSED  TO  THE  STATE  BOARD  OF
ELECTIONS.
  S  11.  This act shall take effect on the thirtieth day after it shall
have become a law.
                                 PART PP

  Section 1. Paragraph a of subdivision 1 of section 8 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 amended by  chapter  777
of the laws of 1978, is amended to read as follows:
  a. For its fiscal years ending June thirtieth, nineteen hundred seven-
ty-nine  through June thirtieth, nineteen hundred eighty-one, the city's
budget covering all expenditures  other  than  capital  items  shall  be
prepared and balanced so that the results thereof would not show a defi-
cit when reported in accordance with the accounting principles set forth
in  the  state  comptroller's  uniform  system  of  accounts for munici-
palities, as the same may be modified by the comptroller,  in  consulta-
tion  with the city comptroller, for application to the city; subject to
the provision of subdivision four of section three thousand thirty-eight
of the public authorities law with respect to contributions by the  city
or  other  public  employer to any retirement system or pension fund and
subject to the provision of paragraph (c) of subdivision five of section
three thousand thirty-eight of the public authorities law  with  respect
to  expense  items  included  in the capital budget of the city. For the
fiscal year ending June thirtieth, nineteen hundred eighty-two, and  for
each fiscal year thereafter, the city's budget covering all expenditures
other  than  capital  items  shall  be prepared and balanced so that the
results thereof would not show a deficit  when  reported  in  accordance
with  generally  accepted  accounting principles and [that] WOULD permit
comparison of the budget with the report  of  actual  financial  results
prepared  in  accordance  with generally accepted accounting principles.
With respect to financial plans that include  the  fiscal  years  ending
June  thirtieth,  nineteen  hundred seventy-nine through June thirtieth,
nineteen hundred eighty-one, the city's budget covering all expenditures

S. 6606--B                         241                        A. 9706--C

other than capital items shall be prepared in accordance with  generally
accepted  accounting  principles and there shall be substantial progress
in each such fiscal year towards achieving a city  budget  covering  all
expenditures  other  than  capital  items the results of which would not
show a deficit when  reported  in  accordance  with  generally  accepted
accounting  principles.  The city shall eliminate expense items from its
capital budget not later than the commencement of the fiscal year ending
June thirtieth, nineteen hundred eighty-two. For the fiscal year  ending
June  thirtieth,  nineteen hundred eighty-nine, and for each fiscal year
thereafter, the budgets covering all  expenditures  other  than  capital
items  of  each  of  the  covered  organizations  shall  be prepared and
balanced so that the results thereof  would  not  show  a  deficit  when
reported  in  accordance  with generally accepted accounting principles;
and for each fiscal year  prior  thereto,  there  shall  be  substantial
progress  towards  such  goal.    NOTWITHSTANDING  THE FOREGOING AND THE
PROVISIONS OF ANY GENERAL OR SPECIAL STATE  LAW  OR  LOCAL  LAW  TO  THE
CONTRARY,  INCLUDING  BUT  NOT LIMITED TO THE NEW YORK CITY CHARTER, ALL
COSTS THAT WOULD BE CAPITAL COSTS IN ACCORDANCE WITH GENERALLY  ACCEPTED
ACCOUNTING  PRINCIPLES, BUT FOR THE APPLICATION OF GOVERNMENTAL ACCOUNT-
ING STANDARDS BOARD STATEMENT NUMBER FORTY-NINE, SHALL BE DEEMED  TO  BE
CAPITAL  COSTS  FOR  PURPOSES OF THIS CHAPTER AND ANY OTHER PROVISION OF
STATE OR LOCAL LAW, INCLUDING BUT NOT LIMITED TO THE NEW YORK CITY CHAR-
TER, RELEVANT TO THE TREATMENT OF SUCH COSTS.
  S 2. This act shall take effect immediately.
                                 PART QQ

  Section 1. The opening paragraph of subdivision 3 of  section  5-a  of
the  legislative law, as amended by section 1 of part Z of chapter 56 of
the laws of 2008, is amended to read as follows:
  Any member of the assembly serving in a special capacity in a position
set forth in the following schedule shall  be  paid  the  allowance  set
forth  in such schedule only for the legislative term commencing January
first, two thousand [nine] ELEVEN and terminating December thirty-first,
two thousand [ten] TWELVE:
  S 2. Section 13 of chapter 141 of  the  laws  of  1994,  amending  the
legislative  law and the state finance law relating to the operation and
administration of the legislature, as amended by section 1 of part XX of
chapter 56 of the laws of 2009, is amended to read as follows:
  S 13. This act shall take effect immediately and shall  be  deemed  to
have  been  in full force and effect as of April 1, 1994, provided that,
the provisions of section 5-a of  the  legislative  law  as  amended  by
sections two and two-a of this act shall take effect on January 1, 1995,
and provided further that, the provisions of article 5-A of the legisla-
tive  law  as  added  by section eight of this act shall expire June 30,
[2010] 2011 when upon such date the provisions of such article shall  be
deemed  repealed;  and  provided further that section twelve of this act
shall be deemed to have been in full force and effect on and after April
10, 1994.
  S 3. This act shall take effect  immediately,  provided,  however,  if
section  two  of  this  act  shall take effect on or after June 30, 2010
section two of this act shall be deemed to have been in full  force  and
effect on and after June 30, 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

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its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the applicable effective date of Parts A through QQ of this act shall be
as specifically set forth in the last section of such Parts.