Senate Bill S56B

Signed By Governor

2009-2010 Legislative Session

Enacts into law major components of legislation necessary to implement the public protection and general government budget for the 2009 - 2010 state fiscal year

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Archive: Last Bill Status Via A156 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 07, 2009	signed chap.56
Apr 03, 2009	delivered to governor
Apr 02, 2009	returned to assembly passed senate motion to amend lost motion to amend lost
Apr 01, 2009	3rd reading cal.135 substituted for s56b
Apr 01, 2009	substituted by a156b
Mar 31, 2009	ordered to third reading cal.135 reported and committed to rules
Mar 29, 2009	print number 56b
Mar 29, 2009	amend (t) and recommit to finance
Jan 21, 2009	print number 56a
Jan 21, 2009	amend (t) and recommit to finance
Jan 07, 2009	referred to finance

Votes

- Apr 2, 2009 - Floor Vote
  A156
  
  Aye
  
  32
  
  Nay
  
  30
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Apr 2, 2009
      
      aye (32)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Monserrate
      
      Montgomery
      
      Onorato
      
      Oppenheimer
      
      Parker
      
      Perkins
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (30)
      
      Alesi
      
      Bonacic
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Morahan
      
      Nozzolio
      
      Padavan
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Seward
      
      Skelos
      
      Volker
      
      Winner
      
      Young

Bill Amendments

2009-S56 - Details

See Assembly Version of this Bill:: A156
Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

2009-S56 - Summary

Enacts into law major components of legislation necessary to implement the public protection and general government budget for the 2009 - 2010 state fiscal year; expands the use of funds deposited in the criminal justice improvement account; makes technical corrections to the state wireless communications service surcharge; limits reimbursement to health care providers for performing forensic rape examinations to actual costs not to exceed eighty dollars

2009-S56 - Sponsor Memo

                                 BILL NUMBER:  S56


               2009-10 NEW YORK STATE EXECUTIVE BUDGET

               PUBLIC PROTECTION AND GENERAL GOVERNMENT
                       ARTICLE VII LEGISLATION

                        MEMORANDUM IN SUPPORT

               2009-10 NEW YORK STATE EXECUTIVE BUDGET

               PUBLIC PROTECTION AND GENERAL GOVERNMENT
                       ARTICLE VII LEGISLATION

                        MEMORANDUM IN SUPPORT

                               CONTENTS

PART   DESCRIPTION                                         STARTING
                                                           PAGE
                                                           NUMBER

A      Expand the use of funds deposited into the            10
       Criminal Justice Improvement Account

B      Make technical changes to the State Wireless          11
       Communications Service Surcharge

C      Establish a fee to cover the state cost of            12
       processing waivers under Section 211 of the
       Retirement and Social Security Law

D      Create a not-for-profit corporation and transfer the  13
       Office of Cyber Security and Critical Infrastructure
       Coordination to that corporation

E      Limit reimbursement to health care providers for      14
       performing forensic rape examinations to actual
       costs not to exceed $800; establish a one year
       time limit on submission of claims for
       reimbursement of medical and counseling
       expenses; and allow restitution to be paid by
       credit card

F      Require applicants to be licensed as an              15
       insurance agent, broker, adjuster, consultant, or
       intermediary, to submit their fingerprints to the
       Division of Criminal Justice Services as part of a
       background check

G      Establish fees for new and renewal certification of   16
       security guard instructors and security guard
       training schools operating in New York State

H      Modify the prison closure notification requirement    17
       and authorize the acceptance by the Department
       of Correctional Services to house local inmates
       and federal prisoners

I      Delay the expansion of mental health programs        19
       authorized by the SHU Exclusion Bill and curtail
       or modify other provisions of the bill relating to the
       Department of Correctional Services (DOCS)
       facilities that do not generally house inmates with
       serious mental illnesses and the training of
       DOCS personnel

J      Expand eligibility criteria for state inmates to      20
       qualify for medical parole and streamline the
       medical parole application process

K      Authorize the Department of Correctional              22
       Services to sell its cook-chill products to not-for-
       profit organizations (food kitchens and shelters) at
       the cost to produce and deliver the products

L      Expand eligibility for the Shock Incarceration        22
       Program and establish a new limited credit time
       allowance for inmates

M      Eliminate reimbursement of local jails for the       24
       housing of parole violators and state-ready
       inmates, except in instances where the
       Department of Correctional Services (DOCS)
       cannot provide a general confinement bed within
       10 business days after notification that an inmate
       is state ready

N      Encourage the adoption of graduated sanctions        26
       for parole violators and the use of a risk and
       needs assessment instrument

O     Credit probation sentences for time served under      27
      interim supervision; and implement a one-time
      $25 probation registration fee with the revenue to
      be retained by local probation departments

P     Eliminate Batterers Project funding administered     28
      by the Office for the Prevention of Domestic
      Violence

Q     Modify the responsibilities of the State             29
      Commission of Correction and provide options to
      administrators of local jails to reduce their
      operating costs

R     Increase the assessment on nuclear power plant       30
      facilities to support emergency preparedness
      planning efforts

S     Establish a program for photo-monitoring             31
      enforcement of speed limits in work zones and
      designated stretches of highway

T     Increase the Motor Vehicle Law Enforcement fee       32
      applied to the purchase of vehicle insurance to
      support the cost of state police operations

U     Extend various criminal justice programs that       33
      would otherwise sunset

V     Abolish the State Employment Relations Board         34
      and shift responsibilities to the Public
      Employment Relations Board

W     Establish the Office of Procurement Services to      35
      ensure that the state is undertaking procurement
      consistent with best practices to receive the
      maximum value at the lowest possible cost

X     Modify the maintenance-of-effort (MOE)               36
      requirement for counties and the City of New
      York to receive funds from the Indigent Legal
      Services Fund and the formula for distribution of
      such funds

Y     Provide the New York State Health Insurance          37
      Program the option to operate as a self-insured
      plan

Z     Establish a sliding scale for retiree health         38
      insurance premium contributions for future state
      retirees

AA    Require state employees and retirees to              39
      contribute to Medicare Part B premiums

BB    Eliminate the general salary increases scheduled     40
      on or after April 1, 2009 provided for in collective
      bargaining agreements, interest arbitration
      awards, and for M/C employees

CC    Implement a Tier 5 pension benefit for newly          41
      hired state and local government employees

DD    Authorize a new tier of pension benefits for newly    42
      hired New York City uniformed employees,
      submitted at the request of the Mayor

EE    Implement an additional 5-day pay deferral for all   44
      state employees

FF    Reduce state payments in lieu of taxes and           45
      freeze payments for taxes on state owned lands

GG    Modify the Aid and Incentives for Municipalities     46
      (AIM) program

HH    Provide mandate relief for local governments         48

II    Extend authorization for the Office of Real          49
      Property Services to charge oil and natural gas
      producers for determining the property value of oil
      and gas units of production

JJ    Increase the real property transfer fees that        50
      support expenses of the Office of Real Property
      Services, and redirect the deposit of these fees to
      the General Fund

KK    Restructure state aid provided to municipalities in  51
      which a video lottery gaming facility is located

LL    Expand New York City's Red Light Camera Traffic      52
      Safety program, and provide certain cities and
      counties authorization to administer a similar
      program

MM    Authorize cities and villages to collect utilities   53
      gross receipts taxes on mobile phone services

NN    Enact recommendations made by the                   54
      Commission on Local Government Efficiency
      and Competitiveness

OO   Authorize the City of New York to increase certain   57
     fees
PP   Authorize transfers, temporary loans and             59
     miscellaneous capital/debt provisions, including
     certain bond caps

                        MEMORANDUM IN SUPPORT

              A BUDGET BILL submitted by the Governor in
           Accordance with Article VII of the Constitution

AN  ACT  to  amend the state finance law, in relation to expanding the
use of funds deposited in the  criminal  justice  improvement  account
(Part A); to amend the tax law, in relation to imposing a state public
safety  communications  surcharge,  and clarifying the distribution of
revenue from the surcharge; and to repeal section 309  of  the  county
law  relating  to  the state wireless communications service surcharge
(Part B); to amend the retirement and social security law, in relation
to authorizing the state civil  service  commission  to  charge  local
government  employers  a  processing  fee  for  waiver  requests under
section 211 of the retirement and social security  law  (Part  C);  to
amend  the  not-for-profit  corporation  law and the executive law, in
relation to establishing a corporation to provide cyber  security  and
critical  infrastructure  coordination  services and to repeal section
715 of the executive law relating to records and  data  (Part  D);  to
amend  the  executive  law, in relation to the sexual assault forensic
exam reimbursement fee  and  for  a  time  limitation  on  claims  for
reimbursement,  and  the criminal procedure law and the judiciary law,
in relation to allowing payment of restitution by  credit  card  (Part
E);  to  amend  the insurance law, in relation to requiring any person
who applies to be licensed as an insurance  agent,  broker,  adjuster,
consultant,  or intermediary to submit their fingerprints as part of a
criminal background check (Part F); to amend  the  executive  law,  in
relation  to  imposing  fees  for  the certification and certification
renewal of security guard instructors and training schools  (Part  G);
to   amend   the  correction  law,  in  relation  to  authorizing  the
commissioner of correctional services to close a correctional facility
by means of an accelerated procedure, providing for the custody by the
department  of  correctional  services  of  inmates  serving  definite
sentences  and providing for custody of federal prisoners (Part H); to
amend the correction law, in relation to delaying  the  implementation
date   for  certain  mental  health  programs  in  the  department  of
corrections until July 2014; limiting certain mental  health  programs
to level one and level two correctional facilities; and in relation to
training requirements for these programs; repealing certain provisions
of such law relating thereto (Part I); amend the executive law and the
penal  law, in relation to the eligibility criteria for medical parole
(Part J); to amend the correction law, in relation to authorizing  the
sale  of  food products to charitable organizations (Part K); to amend
the correction law, in relation to expanding eligibility for the shock
incarceration program and to permitting  time  credit  allowances  for
certain  inmates  (Part  L);  to  amend  the  executive  law  and  the
correction law, in relation to eliminating reimbursement to localities
for housing technical parole violators and state ready inmates  except
in  situations where the department of correctional services is unable
to provide a general confinement  bed  within  ten  business  days  of
notification;  and  to repeal certain provisions of such laws relating
thereto  (Part  M);  to  amend  the  executive  law,  in  relation  to
supporting  the  use  of  graduated sanctions for parole violators and
allowing parole board members to  use  a  risk  and  needs  assessment
instrument  in  making their release determinations (Part N); to amend
the criminal procedure law,  in  relation  to  permitting  a  term  of
interim  probation  to  be  credited  against a subsequent sentence of
probation; and to amend the executive law, in relation to allowing for
the implementation of a probation registration fee (Part O); to repeal
section  576  of  the  executive  law,  relating  to  eliminating  the
batterers   program  that  is  administered  by  the  office  for  the
prevention of domestic violence (Part P); to amend the correction  law
and  the  executive  law,  in  relation  to  providing  that the state
commission of correction  is  not  mandated  to  have  oversight  over
facilities  accredited  with the American Correctional Association; to
amend  the  correction law and the criminal procedure law, in relation
to providing county jails  with  options  to  reduce  their  operating
costs; and to repeal certain provisions of the correction law relating
thereto  (Part  Q);  to  amend  the  executive  law,  in  relation  to
increasing the fee paid by nuclear power generating plant operators in
support  of  state  and  local  radiological  emergency   preparedness
requirements;  and  to  repeal certain provisions of such law relating
thereto (Part R); to amend the vehicle and traffic law, in relation to
the denial of registration  or  renewal  for  certain  violations;  in
relation  to  the  suspension of registration for failure to answer or
pay penalties with respect to certain violations; and in  relation  to
establishing  a  photo- monitoring program to impose fines for failing
to obey work zone speed limits and for failing to obey certain  posted
speed  limits (Part S); to amend the insurance law, in relation to the
motor vehicle law enforcement fee; to amend the state finance law,  in
relation  to  the motor vehicle theft and insurance fund and the state
police motor vehicle law enforcement account; to amend  the  executive
law,  in relation to making permanent the applicability of the plan of
operation and grant award process  of  the  motor  vehicle  theft  and
insurance  fraud prevention demonstration program; to amend chapter 62
of the laws of  2003,  amending  the  insurance  law  and  other  laws
relating to motor vehicle law enforcement fees, to amend chapter 56 of
the laws of 2004, amending the insurance law and the state finance law
relating  to  motor vehicle law enforcement fees and chapter 57 of the
laws of 2000, amending the state finance law relating to a  report  on
automobile  theft  prevention  activities  of  the  state  police,  in
relation to making certain provisions  permanent;  to  repeal  certain
provisions  of the insurance law, relating to providing funding to the
motor vehicle theft and insurance fraud and prevention  fund;  and  to
repeal  subdivision  (bbb) of section 427 of chapter 55 of the laws of
1992 amending the tax law generally and enacting the  omnibus  revenue
act  of 1992 relating to taxes, surcharges, fees and funding, relating
to making the motor vehicle theft and insurance fraud prevention  fund
permanent (Part T); to amend chapter 887 of the laws of 1983, amending
the   correction   law   relating  to  the  psychological  testing  of
candidates, in relation to extending the expiration of  such  chapter;
to  amend  chapter 428 of the laws of 1999, amending the executive law
and the criminal procedure law relating to  expanding  the  geographic
area  of  employment  of  certain  police  officers,  in  relation  to
extending the expiration of such chapter; to amend chapter 886 of  the
laws  of  1972, amending the correction law and the penal law relating
to prisoner furloughs in certain cases and  the  crime  of  absconding
therefrom, in relation to extending the expiration of such chapter; to
amend chapter 261 of the laws of 1987, amending chapters 50, 53 and 54
of  the  laws  of  1987,  the  correction law, the penal law and other
chapters and laws relating to correctional facilities, in relation  to
extending  the  expiration of such chapter; to amend chapter 55 of the
laws of 1992, amending the tax law and other laws relating  to  taxes,
surcharges,  fees and funding, in relation to extending the expiration
of certain provisions of such chapter; to amend  chapter  339  of  the
laws  of  1972, amending the correction law and the penal law relating
to inmate work release, furlough and leave, in relation  to  extending
the  expiration  of  such  chapter; to amend chapter 60 of the laws of
1994 relating to certain provisions which impact upon  expenditure  of
certain appropriations made by chapter 50 of the laws of 1994 enacting
the  state  operations budget, in relation to extending the expiration
of certain provisions of such chapter; to amend  chapter  554  of  the
laws  of  1986, amending the correction law and the penal law relating
to providing for community treatment facilities and  establishing  the
crime of absconding from the community treatment facility, in relation
to extending the expiration of such chapter; to amend chapter 3 of the
laws  of  1995, amending the correction law and other laws relating to
the incarceration fee, in relation  to  extending  the  expiration  of
certain  provisions  of such chapter; to amend chapter 907 of the laws
of 1984, amending the correction law, the New York city criminal court
act and the executive law relating to  prison  and  jail  housing  and
alternatives  to  detention and incarceration programs, in relation to
extending the expiration of certain provisions  of  such  chapter;  to
amend  chapter 166 of the laws of 1991, amending the tax law and other
laws relating to taxes, in relation to  extending  the  expiration  of
certain  provisions  of such chapter; to amend the vehicle and traffic
law,  in  relation  to  extending  the  expiration  of  the  mandatory
surcharge  and victim assistance fee; to amend chapter 713 of the laws
of 1988, amending the vehicle and traffic law relating to the ignition
interlock device program, in  relation  to  extending  the  expiration
thereof;  to  amend  chapter  435  of  the  laws of 1997, amending the
military law  and  other  laws  relating  to  various  provisions,  in
relation  to  extending the expiration date of the merit provisions of
the correction law and the penal law of such chapter; to amend chapter
412 of the laws of 1999, amending the civil practice law and rules and
the court of claims act relating to  prisoner  litigation  reform,  in
relation  to  extending  the  expiration  of  the  inmate  filing  fee
provisions of the civil practice law and rules and general filing  fee
provision  and  inmate  property  claims exhaustion requirement of the
court of claims act of such chapter; to amend chapter 222 of the  laws
of  1994  constituting  the  family  protection  and domestic violence
intervention act of 1994, in relation to extending the  expiration  of
certain  provisions of the criminal procedure law requiring the arrest
of certain persons engaged in family violence; to amend chapter 505 of
the laws of 1985, amending the criminal procedure law relating to  the
use  of  closed-circuit  television  and other protective measures for
certain child witnesses, in relation to extending  the  expiration  of
the  provisions  thereof;  to  amend  chapter 688 of the laws of 2003,
amending the executive law relating to enacting the interstate compact
for  adult  offender  supervision,  in  relation  to   extending   the
expiration  of certain provisions of such chapter; to amend chapter 56
of the laws of 2000, amending  the  public  health  law,  the  general
business law and the insurance law relating to the sale and possession
of  hypodermic  syringes  and  needles  in  relation  to extending the
expiration thereof; to amend chapter 3 of the laws of  1995,  enacting
the  sentencing  reform  act  of  1995,  in  relation to extending the
expiration of certain provisions of such chapter; to amend chapter 377
of the laws of 2007 amending  the  correction  law  and  the  criminal
procedure  law  relating  to establishing a probation detainer warrant
pilot project, in relation to extending such chapter; to amend chapter
894 of the laws of 1990 amending the criminal procedure  law  relating
to  electronic  court  appearances,  in  relation to the effectiveness
thereof; to repeal section 9 of part B of chapter 58 of  the  laws  of
2007, amending the public health law, the general business law and the
insurance  law,  relating  to  the  sale  and possession of hypodermic
syringes and needles; to repeal subdivision  (r)  of  section  427  of
chapter  55  of  the  laws of 1992 amending the tax law and other laws
relating to taxes (Part U); to amend the civil service law, the  labor
law  and  the  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 V); to amend the executive  law,  the
state  finance  law  and  the  general  municipal  law, in relation to
establishing the office for procurement services (Part  W);  to  amend
the  state  finance  law,  in relation to the distribution of funds to
counties for the cost of legal services for the indigent (Part X);  to
amend  the civil service law and the state finance law, in relation to
allowing the New York state employee health insurance plan to have the
option to be self insured; and to  amend  the  parks,  recreation  and
historic  preservation law, in relation to the health benefit plan for
employees (Part Y); to amend the civil service  law,  in  relation  to
contributions for health insurance coverage of retired state employees
(Part Z); to amend the civil service law, in relation to reimbursement
for  medicare  premium  charges (Part AA); to implement a wage freeze;
and providing for the expiration  thereof  (Part  BB);  to  amend  the
retirement and social security law, the education law, and the general
municipal  law,  in  relation  to the retirement benefits available to
newly  hired  employees  (Part CC); to amend the retirement and social
security law and the administrative code of the city of New  York,  in
relation to the New York city police or fire revised plan Part DD); to
amend  the  state  finance  law, in relation to implementing a payroll
deferral (Part EE); to amend the real property tax law, in relation to
the payment of taxes by the state; and to amend the public lands  law,
in  relation  to taxes and assessments for local improvements on state
lands and state aid for  certain  state-leased  or  state-owned  lands
(Part  FF);  to  amend  the  state finance law, in relation to aid and
incentives  for  municipalities  (Part  GG);  to  amend  the   general
municipal  law,  the  state  finance  law, the public housing law, the
education law, the public authorities law, chapter 560 of the laws  of
1980  authorizing  the  city  of  New  York  to  adopt  a  solid waste
management law, chapter 892 of the laws of 1971  amending  the  public
authorities  law  and  other  laws  relating to enabling the dormitory
authority to construct and finance dormitories, buildings  and  health
facilities,  and the labor law, in relation to separate specifications
for public works contracts; to amend chapter 738 of the laws of  1988,
amending  the  administrative  code  of the city of New York and other
laws relating to establishing the New York  city  school  construction
authority,  in  relation  to  extending  the effectiveness thereof; to
amend the civil practice law and rules, in relation to the  impact  of
collateral  source  payments  upon  tort  claims  for personal injury,
property damage or wrongful death; to amend the general municipal law,
the public housing law, the state finance law and chapter 585  of  the
laws  of  1939  relating to the rate of interest to be paid by certain
public corporations upon judgments and accrued claims, in relation  to
the rate of interest paid on judgments; to amend the general municipal
law,  in  relation  to  purchasing  requirements;  to amend the public
authorities law, in relation to bonds issued  by  the  New  York  city
transitional  finance  authority;  to amend chapter 868 of the laws of
1975 constituting the New York state financial emergency act  for  the
city  of New York, in relation to bond anticipation notes and to amend
the New York city charter, in relation to bond anticipation notes;  to
repeal  subdivisions (a) and (b) of section 4545 of the civil practice
law and rules relating to the admissibility of  collateral  source  of
payment;  and  to  repeal subdivisions (d) and (e) of rule 4111 of the
civil practice law and  rules relating to itemized verdicts in certain
actions against a public employer for  personal  injury  and  wrongful
death;  and providing for the repeal of certain provisions of this act
upon expiration thereof (Part HH); to amend chapter 540 of the laws of
1992 amending the real property  tax  law  relating  to  oil  and  gas
charges,  in relation to the effective date of such chapter (Part II);
to amend the real property law and the state finance law, in  relation
to  when  conveyances  of real property are not to be recorded and the
fees associated with such conveyances and where  such  fees  shall  be
deposited  (Part  JJ); to amend the state finance law, in relation  to
state assistance to cities and municipalities where  a  video  lottery
gaming facility is located (Part KK); to amend the vehicle and traffic
law  and  the administrative code of the city of New York, in relation
to a program imposing monetary liability on the owner of a vehicle for
failure  of  an  operator  thereof  to  comply  with  traffic  control
indications  in  certain  counties and cities; to amend chapter 746 of
the laws of 1988 amending the vehicle and  traffic  law,  the  general
municipal  law  and  the  public  officers  law  relating to the civil
liability of vehicle owners for traffic control signal violations,  in
relation  to  the  effectiveness  of  such chapter; to amend local law
number 46 of the city of New York  for  the  year  1989  amending  the
administrative  code  of  the  city  of  New  York,  relating to civil
liability of vehicle owners for traffic control signal violations,  in
relation   to   the  effectiveness  thereof;  and  to  repeal  certain
provisions of the vehicle and traffic law and the administrative  code
of  the  city of New York relating to an owner liability demonstration
program (Part LL); to amend the general city law and the village  law,
in  relation  to  authorizing  the  imposition of locally administered
utility taxes on mobile telecommunications service (Part MM); to amend
the insurance law, in relation to municipal cooperative health benefit
plans,  a  study  of  community  rating  and  the  provision of claims
experience to a municipality; to amend the agriculture and markets law
and the county law, in relation  to  the  sharing  of  the  duties  of
weights  and  measures  between  municipalities;  to amend the general
municipal law and the highway law, in relation to mutual aid; to amend
the public health law, in relation to the composition  of  county  and
part-county  boards  of  health; to amend the town law, in relation to
eliminating compensation for town special district  commissioners;  to
amend  the town law, in relation to the provision of sanitary services
in the areas of towns  outside  of  villages;  to  amend  the  general
municipal law, in relation to processes for municipal consolidation or
dissolution;  to amend the village law, in relation to submissions for
a proposition of the dissolution or consolidation  of  a  village;  to
amend  the  town  law,  in relation to consolidation of fire districts
proposed to be included within a consolidated district; to  amend  the
town  law,  in  relation  to  the  elective  offices  of  town  clerk,
superintendent of  highways  and  office  of  receiver  of  taxes,  in
relation  to the collection of taxes by the town clerk and in relation
to the office of the town superintendent of highways;  and  to  repeal
certain  provisions  of  the  village  law  and  the town law relating
thereto (Part NN); to amend the domestic relations law, the  executive
law  and  the  public  health law, in relation to authorizing the city
clerk of New York city to collect various fees for performing marriage
ceremonies, for issuing marriage certificates and certified copies  of
such  certificates, for performing searches of public records and from
persons appointed as commissioners of deeds (Part OO); and to  provide
for  the  administration  of certain funds and accounts related to the
2009-2010 budget; to authorize  certain  payments  and  transfers;  to
amend  the  state  finance  law,  in relation to the school tax relief
fund; to amend chapter 57 of  the  laws  of  2008  providing  for  the
administration  of certain funds and accounts related to the 2008-2009
budget,  in  relation  to  the  effectiveness  of  certain  provisions
thereof;  to amend chapter 60 of the laws of 1993, amending the public
authorities law and other laws relating to the  bonding  authority  of
the  environmental  facilities corporation, and the state finance law,
in relation to the rainy day reserve fund; to amend the state  finance
law,  in  relation  to  temporary  loans  of  money or other financial
resources to the general fund; to direct the comptroller  to  transfer
and  deposit  certain  moneys;  to  amend  the  state  finance law, in
relation to variable rate bonds; to amend the public authorities  law,
in  relation  to  the issuance of bonds by the dormitory authority and
the New York state  environmental  facilities  corporation;  to  amend
chapter  61  of  the laws of 2005, providing for the administration of
certain funds  and  accounts  related  to  the  2005-2006  budget,  in
relation to issuance of bonds by the urban development corporation; to
amend chapter 81 of the laws of 2002, providing for the administration
of  certain  funds  and  accounts  related to the 2002-2003 budget, in
relation  to  the  issuance  of  bonds  by   the   urban   development
corporation;  to  amend the state finance law, in relation to issuance
of certificates of participation; to amend chapter 389 of the laws  of
1997,  providing  for  the  financing  of  the correctional facilities
improvement fund and  the  youth  improvement  fund,  in  relation  to
issuance  of  debt  by the urban development corporation; to amend the
private housing finance law, in relation to housing program bonds  and
notes;  to amend the New York state urban development corporation act,
in relation to economic development initiatives and the state's  right
to  require  redemption  of bonds; to amend chapter 329 of the laws of
1991, amending the state finance law and other laws  relating  to  the
establishment  of  the  dedicated  highway  and  bridge trust fund, in
relation to reducing funding therefore; to  amend  the  state  finance
law,  in  relation  to  the  issuance  of  revenue bonds; to amend the
private housing  finance  law  and  the  public  authorities  law,  in
relation to the state's right to require redemption or bonds; to amend
the  state finance law, in relation to state-supported debt; to repeal
certain provisions of chapter 59 of the laws of 2008, amending chapter
57  of  the  laws  of  2007,  providing  funding for certain community
projects, relating to increasing such funding, relating  to  transfers
of moneys for such projects; to repeal subdivision (b) of section 1 of
part P of chapter 57 of the laws of 2007 providing funding for certain
community  projects, relating thereto; and providing for the repeal of
certain provisions upon the expiration thereof (Part PP)

 PURPOSE :

This  bill  contains  provisions  needed  to  implement   the   Public
Protection  and  General  Government portions of the 2009-10 Executive
Budget.

This memorandum describes Parts A through PP of  the  bill  which  are
described wholly within the parts listed below.

Part  A  - Expand the use of funds deposited into the Criminal Justice
Improvement Account

Purpose:

This bill would expand the use of  the  Criminal  Justice  Improvement
Account  to  enable  funding  to  be  used  for local criminal justice
programs which support efforts to  prosecute  and  reduce  crime,  and
clarifies  that  the account may also be used to support the operation
of the Crime Victims Board.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

Subdivision  3 of Section 97-bb of the State Finance Law is amended to
allow funds deposited into the Criminal  Justice  Improvement  Account
(CJIA)  to  be used for expanded purposes, which closely relate to the
current uses of the account. Under existing statute, funds in the CJIA
are used exclusively to fund crime victims programs.

This  bill  will  expand  allowable  uses  of  the  Criminal   Justice
Improvement  Account,  thereby allowing available resources to be used
to continue programs which might otherwise be reduced  due  to  fiscal
constraints.  All existing crime victims programs already supported by
this source remain fully funded.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget, providing $15 million in  support  for  criminal  justice  and
victims  services programs, which would otherwise require General Fund
support in 2009-10.

Effective Date:

This bill takes effect April 1, 2009.

Part B - Make technical changes to the State  Wireless  Communications
Service Surcharge

Purpose:

This  bill  would  move  the  State  wireless  communications  service
surcharge from the County Law to the Tax Law and would make  technical
and administrative amendments.


Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This bill would preserve the substance of the existing State surcharge
on  wireless  communications but would clarify that the purpose of the
surcharge is to  provide  revenue  for  a  variety  of  public  safety
purposes  that  are  not  specifically  designated  for the support or
implementation of 911 or enhanced 911 services. Moving  the  surcharge
to  the  Tax  Law  reflects the fact that the Tax Department currently
handles the collection of the fee, and would incorporate  the  general
administrative powers of the Commissioner that are applicable to other
taxes  imposed  under  the  Tax  Law.  There  are no administrative or
enforcement  provisions  in   the   current   surcharge.   By   adding
administrative  provisions, the bill would allow the Tax Department to
enforce payment of the  surcharge  and  pay  refund  claims.  The  Tax
Department  currently  lacks the authority to pay refund claims, which
has caused problems for providers and individuals who have overpaid or
paid the surcharge in error.

The new surcharge would be  named  the  Public  Safety  Communications
Surcharge  and  wireless  communication  service  suppliers  would  be
required to refer to it by  that  name  on  bills  provided  to  their
customers. This provides more transparency to consumers, who are often
confused by the description of taxes and fees on phone bills. The bill
would  maintain  the  existing administrative allowance for suppliers,
but would condition the allowance on timely payment of  the  surcharge
and  filing  of  the required return.  Amending the exemption from the
surcharge to apply to the State, its agencies,  instrumentalities  and
political  subdivisions  corrects  an  ambiguity  in existing law. The
current exemption applies to municipalities  that  "participate  with"
the  State  police  in  the provision of E-911 service. Questions have
arisen about what constitutes the required "participation."  The  bill
corrects  this  ambiguity  and reflects the fact that the surcharge is
imposed to fund broader  public  safety  purposes  than  merely  E-911
service.  Finally, this bill would conform the revenue distribution to
existing practice, by eliminating the expired distribution  provisions
for   homeland   security   and   the  Communications  Assistance  Law
Enforcement Act (CALEA) purposes.

Bills to  amend  the  wireless  communications  surcharges  have  been
proposed  as  part  of  the  Executive  Budget  for State Fiscal Years
2005-06, 2006-07 and 2008-09, but were not enacted. This bill is  much
narrower  in scope than earlier proposals, because it affects only the
State surcharge and makes few  substantive  changes  to  the  existing
surcharge.    The  bill does not affect the county and city surcharges
and, unlike prior  bills,  does  not  affect  the  imposition  of  the
surcharge and sourcing of prepaid wireless communications service.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget  which  continues  to  rely on $25.5 million in support for the
Division of State Police from this service.

Effective Date:

This bill takes effect on the first  day  of  the  sales  tax  quarter
beginning at least 120 days after it becomes law.

Part C - Establish a fee to cover the state cost of processing waivers
under Section 211 of the Retirement and Social Security Law

Purpose:

This bill would authorize the Civil Service Commission to impose a new
$200  application fee on any county, town, village, school district or
other local government employer for each request  made  to  the  Civil
Service  Commission to employ a public retiree under the provisions of
Retirement and Social Security Law ("RSSL") Section 211.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

The Civil Service  Commission  annually  processes  approximately  300
applications   from   local  governments  seeking  waivers  under  the
provisions of RSSL Section 211. Each  application  requires  extensive
review  by  staff of the Commission. The complexity and amount of time
necessary to review these applications has recently increased  due  to
Chapter 640 of the laws of 2008, which requires additional criteria be
considered by the Commission in reaching a determination.

To  spread the costs of such applications, and to limit unnecessary or
frivolous filings, this bill would amend RSSL Section 211 by adding  a
new  subsection  9 authorizing the Civil Service Commission to require
localities who are prospective employers of a public retiree to pay  a
$200 per waiver application.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget.  An estimated $60,000 in revenue will be generated by this new
fee, which will be deposited into the  Examination  and  Miscellaneous
Revenue Account, and used to defray State costs.

Effective Date:

This bill takes effect immediately.

Part  D  - Create a not-for-profit corporation and transfer the Office
of Cyber Security and Critical  Infrastructure  Coordination  to  that
corporation

Purpose:

This  bill  will  create a not-for-profit corporation to provide cyber
security  and  critical  infrastructure  coordination   services   and
transfer  certain  functions,  officers and employees of the Office of
Cyber Security and Critical  Infrastructure  Coordination  (CSCIC)  to
such  corporation. This bill will also authorize the State to contract
with the corporation to perform any and all of its related  functions,
powers, and duties.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This bill will convert CSCIC  into  a  not-for-profit  corporation  to
provide   cyber   security  operations,  integration,  and  geographic
information systems services.  The State would then contract with  the
new corporation for cyber security services to the State.

The  not-for-profit  structure  will  facilitate  the  development  of
critical and strategic partnerships between the  Federal,  state,  and
local  governments  and private industry.   Such partnerships increase
opportunities to promote innovative and improved approaches that  will
enhance  the  State's  capacity  to prepare for and respond to rapidly
evolving cyber security threats. They will also provide  access  to  a
wide  array  of  additional  funding  mechanisms,  including,  but not
limited to, grants and joint ventures.

The not-for-profit corporation will be in a position  to  act  as  the
focal point for the nationwide exchange of cyber security and critical
infrastructure  information  by state and local governments. In such a
role, the  not-for-profit  corporation  will  be  a  leader  in  cyber
security  and  critical  infrastructure coordination activities.  Such
activities will not only enhance the public's security, but will  also
generate  additional  economic  benefits in the form of employment and
services.

It is well documented  that  the  dynamic  nature  of  cyber  security
threats  and  attacks  necessitates a proactive strategy that includes
flexible and rapid response capabilities.   Consequently, the  State's
significant  interest  in  providing the most effective cyber security
defense possible would be  best  served  by  the  establishment  of  a
not-for-profit  corporation  that  will  provide the legal, financial,
market, and managerial flexibility necessary to  meet  the  needs  and
challenges now present in cyberspace.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget  as it allows improved cyber security protections for the State
while reducing reliance on General Fund support.

Effective Date:

This bill takes effect on the one-hundred fiftieth day after it  shall
have become a law.

Part  E  - Limit reimbursement to health care providers for performing
forensic rape  examinations  to  actual  costs  not  to  exceed  $800;
establish   a  one  year  time  limit  on  submission  of  claims  for
reimbursement  of  medical  and   counseling   expenses;   and   allow
restitution to be paid by credit card

Purpose:

This  bill  improves  the  manner in which claims are processed by the
Crime Victims Board (CVB) and better aligns reimbursement with  actual
costs. It also provides for payment of restitution by credit card.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This bill accomplishes the following:

*Limits reimbursements to hospitals and health care providers for  the
actual cost of conducting a forensic rape examination. Current statute
provides  for  a flat reimbursement rate of $800. However, the cost of
conducting a rape examination varies and in many cases, is  less  than
$800, which has resulted in excessive reimbursement.

*Establishes  a  one  year time limit for individuals to submit claims
for reimbursement of medical and counseling expenses. Currently, there
is no time limit for submitting such claims, which makes it  difficult
and   time   consuming   for  CVB  to  investigate  and  validate  the
authenticity of the claim, and delays payment time.

*Allows restitution to be  paid  by  credit  card.  Allowing  for  the
payments  of  restitution  by credit card at the time when a person is
convicted of a crime or violation will increase  the  likelihood  that
restitution would be ordered and collected by the Court at the time of
sentencing.  Current  law allows for payment by credit card for fines,
mandatory surcharges and crime victim assistance fees.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget, providing $422,000.
Effective Date:

Section  one  of  the bill relates to forensic rape exams and it takes
effect immediately.  Section two of this bill takes  effect  180  days
after  becoming  a  law  for  all  losses  incurred  on  or after such
effective date. Section three relates to credit card payments  and  it
is  effective  the  first  day of November following when that section
becomes a law.

Part F - Require applicants to be  licensed  as  an  insurance  agent,
broker,   adjuster,  consultant,  or  intermediary,  to  submit  their
fingerprints to the Division of Criminal Justice Services as part of a
background check

Purpose:

This bill requires any person who is seeking  a  license  pursuant  to
Article  21  of  the Insurance Law to submit their fingerprints to the
Division of Criminal Justice Services (DCJS) as part of  a  background
check.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This bill  will  enable  the  Insurance  Department  to  perform  more
thorough  background  checks  when  considering  the  issuance  of  an
insurance-related license to  an  individual  by  requiring  that  any
individual  who  is  applying  for  a  license under Article 21 of the
Insurance    Law    (agents,    brokers,    adjusters,    consultants,
intermediaries)  submit their fingerprints for the purposes of a state
background check as performed by DCJS, and a national background check
as performed by the Federal Bureau of Investigation.

DCJS is statutorily required by subdivision 8A of Section 837  of  the
Executive Law, to process criminally and civilly remitted fingerprints
and to charge a corresponding fee.  Currently, the fee for fingerprint
processing  is $75 -- $50 of which is deposited into the General Fund,
and $25 of which is deposited into the Fingerprint Identification  and
Technology  Account.    This  proposal  adds a new section 2113 to the
Insurance Law, and is similar to a provision in a 2008 bill (S.7369-A,
sponsored by Senator Seward). As stated in that bill, a fingerprinting
requirement  will   allow   more   accurate   determination   of   the
trustworthiness  of  licensees, and thereby enhance insurance consumer
protection in New York State.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget as this bill will generate additional revenue for  the  General
Fund,   while   simultaneously  increasing  public  safety.  DCJS  has
estimated  that  this  new  requirement  will  likely  result  in   an
additional  125,000  fingerprints processed during the first two years
of  implementation  and  35,000  per  year   each   year   thereafter.
Accordingly,  the  Financial Plan reflects $6.25 million in revenue in
both 2009-10 and 2010-11, and  $1.75  million  each  year  thereafter.
This  bill  will also generate additional revenue into the Fingerprint
Identification and Technology Account which  is  used  for  technology
projects that are critical to public safety.

Effective Date:

This bill takes effect immediately.

Part  G - Establish fees for new and renewal certification of security
guard instructors and security guard training schools operating in New
York State
Purpose:

This  bill  would  establish  fees  for  the initial certification and
certification renewal of security guard instructors and security guard
training schools operating in New York State.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

This  bill  amends  Section  837 of the Executive Law to allow DCJS to
charge certification and certification renewal fees to security  guard
instructors, and security guard training schools operating in New York
State.   An   individual   applying   for  security  guard  instructor
certification would pay an initial fee of $500 and pay a  renewal  fee
of  $250 every five years. An organization applying for security guard
training school certification would pay an initial fee of $1,000 and a
renewal fee of $500 every two years.

DCJS expends administrative resources to process and approve  security
guard  school  and  instructor applications. This proposal would allow
the State to recoup some of the  funds  it  spends  on  this  service.
Additionally,  there  are  a  number  of inactive schools on which the
State spends resources to keep certified, even  though  they  are  not
actively  involved  in  training.  Charging  for  the applications and
renewals will provide a market- based solution to this issue, allowing
the State to increase revenues  and  help  DCJS  to  more  efficiently
allocate limited resources in this area.

There  are  11  other  states  that  have  a formalized security guard
training  program.  States  such  as  California,  Illinois,  Vermont,
Washington,  Arizona, Ohio, Michigan and Oklahoma all currently charge
fees for security services certification and renewals.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget as this bill will help offset  General  Fund  costs  associated
with security guard certification by charging a fee for certifications
and   renewals.  Imposing  a  $500  fee  on  instructors  for  initial
certification, and a $250 certification renewal fee every five  years,
would  generate  $120,000  in  annual  revenue  for  the General Fund.
Similarly, imposing a $1,000 fee on schools for initial certification,
and a $500 certification renewal fee every two  years  would  generate
$326,000  in  annual  revenue  for  the  General Fund. These fees will
provide General Fund revenue of $446,000 in 2009-10, as well  as  each
year thereafter.

Effective Date:

This bill takes effect immediately.

Part  H  -  Modify  the  prison  closure  notification requirement and
authorize the acceptance by the Department of Correctional Services to
house local inmates and federal prisoners

Purpose:

This bill amends the Correction Law to  expedite  the  prison  closure
process  in  times  of economic crisis, and allows the Commissioner of
Correctional Services  to  close  correctional  facility  annexes  and
special  housing  units  at  his discretion. This bill also allows the
Commissioner to enter into contracts for  housing  local  and  federal
prisoners.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:
Since  a  peak  of  71,600  inmates  in  December   1999,   the   DOCS
under-custody  population has fallen by over 10,500 inmates, resulting
in  significant  unused  prison  capacity.  Under  current  law,   the
Commissioner  is  required  to  give  notice one year before closing a
prison, and to provide a re-use plan before actually closing a prison.
While a laudable process, during hard economic times the State must be
free  to  move  more swiftly to eliminate excess prison capacity which
represents a waste of taxpayer dollars.

This bill will enable the Commissioner to more effectively manage  the
State  prison system during an economic crisis by: (1) reducing excess
space  through  immediate  closures  of  parts   of   facilities   and
accelerated  closures  of entire facilities; or (2) generating revenue
by filling empty beds with local or federal inmates.

Under this bill, the Commissioner may consider the prompt  closure  of
one  or more prisons in the wake of an economic downturn. This section
defines an economic downturn as two consecutive quarters of decline in
gross domestic product as reported by the Bureau of Economic  Analysis
of  the  United  States Department of Commerce.  When that occurs, the
one-year  notice  requirement  for  closure  is  suspended,  and   the
Commissioner  is  authorized  to close a facility upon 90 days notice.
This expedited closure process than remains in effect until the  third
fiscal  year  immediately  following  the  fiscal  year  in  which the
economic downturn occurred.

The Commissioner may only invoke  the  accelerated  closure  procedure
when  the following additional terms and conditions are met: (1) there
are more than 300 vacant general confinement  beds  in  existing  cell
blocks  or  housing  units;  (2)  the  Department  is  in  substantial
compliance with all court orders governing  the  acceptance  of  state
ready  inmates;  (3) the Department will continue to have at least 300
vacant general confinement beds within existing housing units or  cell
blocks; and (4) the Department will not have to increase the number of
variance beds.

The  Commissioner,  when  determining  which prisons should be closed,
must take into account:  (1)  the  bed  needs  of  the  Department  in
relation  to the overall demands for prison capacity; (2) the specific
use of the facility;  (3)  the  age  and  condition  of  the  facility
infrastructure,   including   the   need   for   capital   repairs  or
improvements; and (4) the  degree  to  which  facility  staff  can  be
offered alternate positions within the Department.

This  bill  also  eliminates correctional facility annexes and special
housing units from all closure-notice requirements.  This  allows  the
Commissioner  to administratively close these sections of correctional
facilities whenever he or she deems it appropriate, resulting in  cost
savings to the State.

Finally,  this  bill  gives  the  Commissioner  the  authority  to use
unneeded prison space and generate revenue by entering into agreements
to accept definitely-sentenced inmates who would normally be housed in
a local correctional facility and federal prisoners. New York  already
has  authorization to enter into agreements with other States to house
their inmates.   Although these other governmental  entities  will  be
required  to  pay  the  costs of treatment, maintenance and custody if
they chose to enter into such agreements, this may  be  an  attractive
and  cost-effective  option for those entities that would otherwise be
compelled to expand existing jail capacity.

Budget Implications:

Enactment of this bill as part of the Budget will result in $26.3M  in
savings  during  Fiscal  Year  2009-10. This estimate does not include

revenue that may be received from the housing of local, other  States'
or Federal prisoners.

Effective Date:

This bill takes effect immediately.

Part  I  - Delay the expansion of mental health programs authorized by
the SHU Exclusion Bill and curtail or modify other provisions  of  the
bill  relating  to  the  Department  of  Correctional  Services (DOCS)
facilities that do not generally house  inmates  with  serious  mental
illnesses and the training of DOCS personnel

Purpose:

This bill reduces the cost of implementing the Special Housing Unit

(SHU)  Exclusion  Bill  by  delaying the effective date of the bill by
three years from July 2011 until July 2014, limiting the scope of  the
bill  to  level  1  and  level 2 mental health designated correctional
facilities, and re-configuring the mental health training requirements
for Department of Correctional Services (DOCS) personnel.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

Chapter 1 of the Laws of 2008, referred to as the Special Housing Unit

(SHU)  Exclusion Bill, required an expansion of mental health programs
within the Department  of  Correctional  Service  (DOCS)  correctional
facilities.  The  bill imposed requirements for the housing of inmates
with  mental  illness  that  exceed  those  in  a  Private  Settlement
Agreement  (PSA)  that  DOCS  and  the  Office  of Mental Health (OMH)
reached with Disability Advocates,  Inc.  in  April  2007.    The  SHU
Exclusion  bill  had  an  effective date of either two years after the
DOCS Commissioner certifies that  the  first  new  Residential  Mental
Health Unit is completed and ready to receive inmates or at the latest
by  July 1, 2011. This proposal modifies some of the provisions of the
SHU Exclusion Bill that exceed the provisions of the PSA.

The PSA required the  expansion  of  several  existing  mental  health
programs  and creation of a new 100-bed Residential Mental Health Unit
(RMHU) at the Marcy Correctional  Facility  for  inmates  who  are  in
disciplinary  housing  but  have been assessed as having a serious and
persistent mental illness. The SHU Exclusion Bill included  provisions
that could add additional RMHUs beyond the one at Marcy.  Delaying the
effective  date  of the bill by three years will allow DOCS and OMH to
evaluate the effectiveness of  the  new  RMHU  program,  refine  their
approach, and reevaluate the need for expanded RMHU capacity.

Additionally, this proposal would eliminate the application of the SHU
Exclusion  Bill  requirements to level 3 and level 4 DOCS correctional
facilities.  There are currently five  designated  levels  for  mental
health  services  (1,  2,  3, 4, and 6) at DOCS correctional facility.
Level 1 and 2 facilities generally house inmates  who  have  the  most
serious  mental  health  conditions,  and  OMH  and DOCS mental health
related staff and programs are concentrated at these  level  1  and  2
facilities.  Because level 3, 4 and 6 facilities should not be housing
inmates  with  serious mental health needs, it is arguably excessive -
and costly - to require mental health services  in  these  facilities.
Moreover,  there  is  little  danger  that inmates in these facilities
would be at risk of decompensating if they are placed in  disciplinary
housing,  because  inmates who have long terms of disciplinary housing
are  transferred  to  S-blocks  in  level  1  and  2  facilities  with
appropriate levels of mental health staff.

Finally,  this  proposal  also sets appropriate levels of training for
DOCS staff that are transferred into residential mental health  units.
Instead  of  participating  in  sixteen  hours  of initial specialized
mental health training, the amount of such training will be reduced to
eight  hours  plus  an  orientation  program  that will allow staff to
receive hands-on experience in the units. Furthermore, the requirement
for an additional eight hours of annual training  for  such  staff  is
modified to two four-hour sessions during which the out-of-cell mental
health  programming  and  treatment  for  inmates  may be suspended or
decreased. This level of training is adequate based on  existing  DOCS
training standards.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget  as  this bill will increase savings by $19 million in 2009-10,
and $27.4 million in 2010-11 for both DOCS and OMH.

Effective Date:

This bill takes effect immediately.

Part J - Expand eligibility criteria for state inmates to qualify  for
medical parole and streamline the medical parole application process

Purpose:

This  bill  expands  the  eligibility  criteria  of medical parole for
terminally ill inmates and permits chronically ill inmates to  utilize
the current medical parole law.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

Medical parole was implemented for terminally  ill  State  inmates  in
1992.  It  is predominately utilized by inmates over the age of 50 who
also have the lowest recidivism rates.

Over the past decade the number of inmates over the age of 55 who  are
incarcerated  in state prison has more than doubled from approximately
1,500 inmates to over 3,600 inmates. These older inmates are generally
the most seriously ill, suffering from  both  terminal  illnesses  and
chronic   illnesses   that  leave  them  seriously  incapacitated  and
disabled. In  particular,  these  chronically  ill  inmates  not  only
require  the  most  expensive medical care, but they also fill many of
the available Regional Medical Unit beds in Department of Correctional
Services (DOCS) facilities. As a result, inmates suffering  from  less
serious  illness  must often be treated at outside hospitals, which is
both costly and a higher security risk.

To address these problems, this proposal expands the number of inmates
who are eligible for consideration for medical parole, but  no  inmate
may  be released unless both the Commissioner of DOCS and the Board of
Parole (BOP) determine that such a release is compatible  with  public
safety. The bill:

*authorizes  the  release  of  inmates who suffer from significant and
non-terminal conditions that render them so physically or  cognitively
debilitated  that  they  do  not  present  a  danger  to  society.  In
evaluating the threat posed by these inmates, the  BOP  must  consider
certain criteria, including the position of the victim;

*allows inmates who have been convicted of certain violent felonies to
be  eligible  for  medical parole consideration if they have served at
least one-half of their sentence, except  that  inmates  convicted  of

first-degree murder or an attempt or conspiracy to commit first-degree
murder are not eligible;

*allows  inmates  who  are ambulatory, but who suffer from significant
disabilities that limit their ability to  perform  significant  normal
activities of daily living to be eligible for consideration.

Because  a  number of inmates die each year before a determination has
been made on their application for medical parole, this proposal  also
improves and streamlines the process for consideration by the Board of
Parole  by:  (1)  allowing an inmate's spouse, relative or attorney to
initiate a request for medical parole  on  the  inmate's  behalf;  (2)
requiring  the  examining physician to recommend the types of care the
inmate would require if released, and the types of settings where that
care should be provided; and (3) requiring the Division of Parole, the
Department of Health and the county in which the  inmate  resided  and
committed  his  crime  to  assist  in  formulating  and implementing a
medical discharge plan.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget as this bill will result in savings of $2 million in 2009-10.

Effective Date:

This bill takes effect immediately.

Part K - Authorize the Department of Correctional Services to sell its
cook-chill products to not-for-profit organizations (food kitchens and
shelters) at the cost to produce and deliver the products

Purpose:

This bill will allow the Department of Correctional Services (DOCS) to
sell food products made at its Food Production  Center  to  charitable
organizations for the cost of the food, production and transportation.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This bill allows DOCS to use its excess production  capacity  and  may
reduce  food costs through economies of scale. This authorization will
help New  Yorkers  in  need  by  supplying  food  kitchens  and  other
charitable organizations with low cost food products during these hard
economic  times.  The  Food  Production Center currently has available
capacity that can be used to help these charitable organizations.

The bill authorizes the Commissioner to  enter  into  agreements  with
homeless  shelters, food kitchens and other eleemosynary organizations
funded in whole or in part  by  Federal,  State  or  local  funds.  It
ensures  that  all  proceeds from these transactions will be used only
for the continued operation of the DOCS Food Production  Center.  This
legislation  protects these charitable organizations by requiring that
the fee charged for these products will not exceed the cost  of  food,
production  and transportation. Finally, it allows the Commissioner to
notify these organizations of the availability of these products.

Budget Implications:

Enactment of this bill will allow  charitable  organizations  to  take
advantage  of  the excess capacity in the DOCS Food Production Center.
The costs of this action will equal the revenues.

Effective Date:

This bill takes effect immediately.

Part  L  -  Expand eligibility for the Shock Incarceration Program and
establish a new limited credit time allowance for inmates

Purpose:

This  bill  implements  some  of  the  recommendations  made  by   the
Commission on Sentencing Reform (CSR) by allowing inmates from general
confinement  facilities as well as reception centers to participate in
shock programs and raising the age of  inmates  who  are  eligible  to
participate  in  the program. In addition, the bill provides a limited
credit time allowance for inmates serving indeterminate or determinate
sentences imposed for specified offenses.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

Although  the  final  report  from  the CSR will not be released until
2009, Commission members have identified certain proposals upon  which
they  have  agreed,  which  will  produce immediate savings if enacted
expeditiously. These proposals would create merit time eligibility for
certain violent  offenders  and  broaden  eligibility  for  the  shock
program.

Since  its inception, the merit program has generated more than 24,052
early releases with lower return-to-custody rates, and has  saved  the
State  in  excess  of $372 million.   Merit time encourages inmates to
engage in beneficial programming that aids in  their  preparation  for
successful  re-entry into the community. However, it is important when
establishing new criteria for merit time that they are not just simply
superficial, but rather reflect successful completion of a  meaningful
program. This bill achieves that end.

On  average,  shock graduates are released one year earlier than their
court determined minimum  period  of  incarceration  and  have  better
success rates upon release. Since the program's inception in 1987, the
State  has saved an estimated $1.48 billion. By expanding this program
to older offenders and those already in general confinement, the shock
program could provide additional savings  at  little  or  no  risk  to
public safety.

This bill will make the following specific changes to these programs:

*Expanding the Eligibility for the Shock Incarceration Program:  While
the  average  daily cost per inmate is higher for shock, the number of
days spent under custody by a released shock graduate is substantially
less than if that inmate had served his or her  full  sentence.  Under
current  law, to be eligible for shock, an inmate must be within three
years or less of his or her parole eligibility or conditional  release
date when received in a DOCS reception center.

This  bill  allows  inmates  for the shock incarceration program to be
selected from general confinement  facilities  as  well  as  reception
centers. A general confinement inmate will be eligible for the program
if  he  or  she  is  within  three  years  of  parole  release  for an
indeterminate  term  of  imprisonment  or  will  become  eligible  for
conditional  release  within  three  years  for  a determinate term of
imprisonment. Additionally, the age of inmates allowed to  participate
in shock incarceration will be raised from 40 years of age to 50 years
of age.

*Establish  a  Credit  Time Program: Merit time allows inmates serving
prison sentences for certain non-violent crimes  to  earn  a  possible
one-sixth  reduction  off  their  minimum  term  if they have achieved
significant programmatic objectives, such  as  two  years  of  college
programming,  obtaining  a  masters  of  professional  studies degree,
successfully participating as an inmate program associate for at least
two years, receiving a Department of Labor certificate for  successful
participation in an apprenticeship program, or successfully working as
an  inmate  hospice aid for at least two years, and have not committed
any serious disciplinary infractions.

Under  existing  law,  offenders  serving  sentences  for  class   A-I
(non-drug)  or  violent felony offenses are not eligible to earn merit
time. This bill provides for  a  limited  credit  time  allowance  for
certain  of  these  inmates. Offenses not eligible for the credit time
allowance include murder in the first degree or  any  sex  offense.  A
single six-month allowance may be earned.

Budget Implications:

Enactment of this bill during the 2009-10 Executive Budget will result
in a savings of $4 million and an annualized savings of $16 million.

Effective Date:

This bill takes effect immediately.

Part  M  -  Eliminate  reimbursement of local jails for the housing of
parole violators and state-ready inmates, except  in  instances  where
the  Department  of  Correctional  Services  (DOCS)  cannot  provide a
general confinement bed within 10  business  days  after  notification
that an inmate is state ready

Purpose:

This bill amends the Correction Law and the Executive Law to eliminate
State  payments  to  localities  for  the  housing and board of felony
prisoners. These payments were originally established at a  time  when
DOCS  did  not  have the capacity to house these felony offenders. The
law ensured that state-ready inmates were placed  into  State  custody
within  five days of being sentenced, or the local jails would receive
$40 per day for each inmate. It also mandated the Division  of  Parole
(Parole) to pay the localities for housing parole violators while they
awaited  their  hearings,  with Parole's payment responsibility ending
when the parole violator is released back to supervision or determined
to be "state ready" for release to State prison.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

Both   DOCS  and  Parole  currently  reimburse  counties  for  housing
state-ready inmates and alleged parole violators at a rate  of  $37.60
per day for each inmate or alleged parole violator. This per diem rate
has  been altered twice recently - increasing from $34 to $40 in 2006;
and being reduced by 6 percent to $37.60 this  year  as  part  of  the
Special  Session.  The  current rate does not cover the counties' true
per day costs of approximately  $100  (upstate)  and  $300  (New  York
City).

The   Board  of  Prisoners  payments  made  by  DOCS  were  originally
established at a time when there was limited space in DOCS facilities.
This is no longer the case, as the State inmate population has dropped
substantially over the last ten years. Because of the declining  State
inmate  population,  the number of "state-ready" inmates waiting to be
transported to State facilities has likewise fallen  from  a  high  of
4,425 inmates in 1999 to the current level of only 300 inmates.

Board  of  Prisoners  payments  by Parole are for the incarceration of
alleged  parole  violators.  The  impact  on  local  jails  from  this
population  is  also decreasing, because Parole has developed a number
of  strategies  to  expedite  the  parole  revocation  process  on   a
county-by-county    basis.    These    strategies    include:   roving
Administrative Law Judges; expediting the arraignment process; issuing
Certificates   of  Disposition;  training  localities  on  the  parole
violator return procedures; offering  alternatives  to  incarceration;
and   establishing  re-entry  initiatives.  Additionally,  Parole  has
recently implemented  changes  in  their  violation  process  using  a
national  Transition  from  Prison  to the Community Initiative (TPCI)
model, which has resulted in  further  reductions  in  the  number  of
technical parole violators in local jails.

As a result of these efforts, the number of technical violators housed
in  local jails has decreased, with an average of 724 offenders housed
in November 2008 (for jails outside of New  York  City).  This  is  25
percent lower than the high of 965 in July 2008. In New York City, the
number  has  decreased 19 percent, from a high of 719 in February 2008
to 583 in November 2008.

While eliminating the  Board  of  Prisoners  payments,  this  proposal
nonetheless  protects local jails by ensuring that the Commissioner of
DOCS accepts felony offenders within  10  days  of  receiving  written
notification  from  a  local  official  of  an  inmate's "state ready"
status. If the Department fails to accept an inmate within  this  time
period,  provided  that the inmate is not in need of immediate medical
care, the locality will be paid either $100 per day or the actual  per
day  per  capita cost for the board of that inmate, whichever is less,
and payment will be retroactive to the date of notification.

Budget Implications:

Enactment of this bill during the 2009-10 Executive Budget will result
in $10 million in savings in FY 2009-10  annualizing  to  $20  million
each year thereafter.

Effective Date:

This bill takes effect March 1, 2009.

Part  N  -  Encourage  the  adoption of graduated sanctions for parole
violators and the use of a risk and needs assessment instrument

Purpose:

This bill encourages the adoption of graduated  sanctions  for  parole
violators  and  the  use  of  a  risk and needs assessment instrument;
protects  the  confidentiality  of  information  about   arrests   and
prosecutions that were terminated in an individuals favor.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

The Commission on Sentencing Reform  has  signaled  their  support  of
graduated  sanctions  for  technical  parole  violators.  Inherent  in
graduated  sanctioning  is  the  principle  of  providing  swift   and
appropriate  punishment  based  on  the  gravity of the offense and an
assessment of the potential risk of re-offending.  Graduated sanctions
may take a number of forms, including: (1) increased use  of  curfews;
(2)  home  confinement;  (3)  electronic  monitoring;  or  (4) weekend
incarceration in a local jail.

In addition to graduated sanctions, the Division of Parole, along with
other criminal justice agencies, has  been  working  towards  using  a
validated  risk  and  needs  assessment  instrument  that  can  assist
supervising agents to more accurately estimate the risk  posed  by  an
offender,  identify  the personal deficits that have contributed to an
offender's criminality, and  capitalize  on  an  offender's  strengths
during  the re-entry process. The purpose of using such instruments is
not to replace professional judgment  but,  rather,  to  maximize  the
effectiveness of programming and supervision and, thus, improve public
safety. These risk assessment tools guard against the use of intensive
interventions  for  low-risk cases, which is critical because numerous
studies have shown that intensive intervention in low-risk  cases  can
actually increase recidivism.

This  proposal  would amend Penal Law § 1.05 and Executive Law § 259-a
to allow  the  Chairman  of  the  Board  of  Parole  to  consider  the
implementation  of  a graduated sanctions program for parole violators
that utilizes a risk and needs assessment that is administered to  all
inmates  eligible for parole. Such a graduated sanctions program could
include more  intensive  supervision  immediately  after  an  inmate's
release,  alternatives  to  incarceration  and  the  use  of  enhanced
technologies.   Section 259-c of  the  Executive  Law  would  also  be
amended  to  allow  the  Parole  Board  to  utilize  a  risk and needs
assessment in determining which inmates  may  be  released  to  parole
supervision.

Parolees leaving State prison are confronted with several obstacles to
their  re- integration back into the community. These barriers make it
difficult for parolees to secure a job, obtain supportive  assistance,
and  avoid  being  permanently  labeled  as an offender or a danger to
society. Executive Law §  296  would  be  amended  to  establish  that
individuals  are  not required to divulge information about arrests or
prosecutions terminated in favor of  the  accused,  youthful  offender
adjudications  and  sealed  violations. This provision will especially
aid job applicants.  Budget Implications:

Enactment of this bill during the 2009-10 Executive Budget will result
in a portion of the savings of  $11  million  for  SFY  09-10  and  an
annualized savings of $44 million.

Effective Date:

This bill takes effect March 1, 2009.

Part  O  -  Credit  probation  sentences for time served under interim
supervision; and implement a one-time $25 probation  registration  fee
with the revenue to be retained by local probation departments

Purpose:

This bill amends the Interim Probation Supervision (IPS) Law to credit
individuals'  final  probation  sentences  for  the  time served under
successful IPS; and establishes a  one-  time  probation  registration
fee.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:  This bill credits probation sentences  for  time
successfully  served  under  IPS. IPS is a trial probation period that
assists prosecutors and the courts in determining whether a  defendant
who  is  at  risk  of  incarceration would be suitable for a probation
sentence.  When a court orders a period of IPS,  it  may  adjourn  the
sentencing  for  up  to  one year, during which time it can assess the
defendant's prospects of success if sentenced to a term  of  probation
supervision.    When  the  court subsequently sentences a defendant to
probation, it is reasonable that the period  of  probation  should  be
reduced by the period of time that the defendant satisfactory complied
with  the interim probation supervision. This bill would allow interim
probationers to receive such credit, which would provide them with  an
incentive  to  comply with the interim probation conditions, and deter
volatile behavior while the defendant is under IPS.    This  provision
also  addresses  management  issues that probation departments face in
handling over  3,000  IPS  cases.  It  will  allow  certain  statutory
provisions that apply to those under probation supervision to apply to
those  on  interim  probation.   This bill also mandates a $25 fee for
adult probationers registering with the Statewide Integrated Probation
Registrant System (I-PRS). This one-time fee, which may not be imposed
as  a condition of probation, would be used to support local probation
departments.  Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget because the one-time $25 probation registration  fee  collected
by  the  City  of  New  York  and  county  probation departments would
generate approximately $1 million in  revenue  each  year  to  support
their  costs.  Allowing  defendants  to receive credit for time served
under the period of successful IPS towards any probation sentence that
is subsequently  imposed  is  expected  to  reduce  probation  officer
workload.  This  new  revenue stream and the interim probation credit,
which would reduce probation officers' caseloads, would help to offset
the six percent reduction to  county  probation  departments  that  is
recommended as part of the 2009-10 Executive Budget.

Effective Date:

The probation registration fee will be applied immediately and will be
deemed  to  have  been  in full force and effect on and after March 1,
2009.  The section related to interim probation will  take  effect  on
the sixtieth day after it becomes a law.  However, a defendant serving
a  sentence  of  probation  supervision  on  the date this act becomes
effective, may, at the discretion of the court having legal custody of
the defendant, have his or her probation sentence  credited  with  any
period  of interim probation supervision that he or she satisfactorily
completed prior to the imposition of that probation sentence.

Part P - Eliminate  Batterers  Project  funding  administered  by  the
Office for the Prevention of Domestic Violence

Purpose:

This bill will eliminate Batterers Program funding.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

The Batterers Project was established in 1992 as a pilot  pursuant  to
statute. Under this program, the Office for the Prevention of Domestic
Violence  (OPDV)  distributes $210,000 in local assistance funds to up
to five programs that provide  battering  prevention  and  educational
services  with  the  goal of helping clients to end abusive behaviors.
Since the State program was established, more research has  been  done
in  this  emerging  field  which  indicates  that such programs do not
effectively or consistently reduce domestic violence.

While the  State  supports  ongoing  efforts  to  identify  successful
strategies  for  reducing  batterer  recidivism, it cannot continue to
fund programs in the absence of empirical support of their  meaningful
success.  Eliminating  financial  support  for  programs  that  do not
consistently  demonstrate  successful  outcomes  is  in   the   public
interest,  and in this case will better align State resources with the
mission of the Office for the Prevention of  Domestic  Violence.  OPDV
will  continue  to  participate  in  the  identification  of promising
practices for the  reduction  of  recidivism  and  the  prevention  of
domestic violence.

This bill repeals Section 576 of the Executive Law thereby eliminating
the Batterer's Project and its funding of the batterers program.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget, providing $52,000 in 2009-10 savings, and $210,000 thereafter.

Effective Date:

This bill takes effect April 1, 2009.

Part  Q  -  Modify  the  responsibilities  of  the State Commission of
Correction and provide options to administrators  of  local  jails  to
reduce their operating costs

Purpose:

This  bill  limits  the  State  Commission  of  Correction's  (SCOC's)
mandates in order for the Agency to perform more effectively its  core
responsibilities  with  regard  to  the  oversight  of State and local
correctional facilities. Additionally, the bill  will  provide  county
jails with options to reduce their operating costs.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

A recent Comptroller's audit revealed several  areas  where  SCOC  has
fallen  short of its statutory mandate. For many years, SCOC's primary
focus  has  been  the  oversight  of  local  correctional  facilities,
including  mandating  the  creation or expansion of local jails, often
raising significant fiscal concerns for counties.

While SCOC  has  constitutional  and  statutory  authority  to  visit,
inspect  and  appraise  the management of correctional facilities with
regard to security and safety, this bill  will  provide  that  routine
SCOC  oversight  will  not  be  necessary  if  either  a Department of
Correctional Services or a local correctional facility  is  accredited
by  the  American Correctional Association. SCOC will retain the right
to visit, inspect and appraise such facilities if  it  has  reason  to
believe  the facility is not meeting accreditation standards or if the
health, safety and security of staff or inmates is being  jeopardized.
This  bill  also  preserves  SCOC  oversight of Office of Children and
Family Services secure facilities.

In  order  to  create  operational  efficiencies,  several  of  SCOC's
functions  will  be eliminated, limited or transferred to the Division
of Criminal Justice Services (DCJS).    First,  the  Municipal  Police
Training  Council and DCJS will assume responsibility for establishing
and overseeing a basic correctional  training  program  for  personnel
employed  by  correctional  facilities.  Second,  SCOC's data analysis
obligation will be eliminated, because for  many  years  it  has  been
handled  by  DCJS.    Third,  SCOC will now only provide the rules and
regulations establishing the minimum standards for the review  of  the
construction  or  improvement of correctional facilities and will only
approve or  reject  plans  for  the  construction  or  improvement  of
correctional  facilities  that directly affect the health, safety, and
security of staff and inmates. It will not be necessary  for  SCOC  to
approve more minor construction or improvement projects.

To  assist  local  correctional  facilities to operate more safely and
efficiently, the bill will implement a proposal recently  advanced  by
Chief  Judge Judith S. Kaye in her 2008 State of the Judiciary Report.
It will allow a judge in any criminal case in any county  to  dispense
with  the need for a personal appearance by a defendant, except for an
appearance at a hearing or trial, and instead allow the  defendant  to
appear   electronically.   This   will   allow  counties  to  save  on
transportation and personnel costs,  and  will  enhance  security  and
lower the risks of escapes.


Finally, the bill will clarify the circumstances when the Commissioner
of  DOCS  can  exercise  his  or her discretion to accept inmates from
local facilities that have become unfit or unsafe for the  confinement
of  some  or  all  of  the inmates, including specifying that DOCS can
accept  such  inmates  if a local facility is unable to provide one or
more inmates with essential services such  as  medical  care.  If  the
Commissioner  of  DOCS  accepts  these  inmates,  the  bill  gives the
Commissioner the discretion to determine whether or not a county shall
reimburse the State for any or all of the actual costs of confinement,
subject only to the approval of the Director of the Budget.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget because it will avoid costs and allow SCOC  to  operate  within
the same level that they have been doing for the last decade.

Effective Date:

This takes effect immediately, provided, however, that the sections 2,
4,  5  and  6  of  this  bill relating to the transfer of the training
function shall take effect 180 days after they  shall  have  become  a
law.

Part  R - Increase the assessment on nuclear power plant facilities to
support emergency preparedness planning efforts

Purpose:

This bill increases the fee  paid  by  nuclear  electricity-generating
facility  operators  to  support  radiological  emergency preparedness
activities.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

This  bill  amends  Executive  Law section 29-c (2)(b) to increase the
annual fee  paid  by  the  State's  nuclear  facility  operators  from
$550,000  to  $1 million per reactor. This fee will be applied to each
of the State's six nuclear reactors and will be  divided  between  the
State and certain localities pursuant to existing statute.

This  fee  was  first  established in 1981 at the rate of $250,000 per
reactor. The fee was increased to its current rate in 1994.

Concerns regarding natural and man-made disasters have grown in recent
years, resulting in a  dramatic  increase  in  emergency  preparedness
planning  and  security  activities  by  both  the  State and affected
localities. This bill would offset a greater share of local  emergency
preparedness  costs,  as  the  responsibility for protecting those who
live and work near nuclear reactors continues to  grow  in  scope  and
urgency.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget.  This  bill generates $2.7 million in additional revenue, with
50 percent ($1.35 million) divided amongst the  coalition  of  nuclear
counties   (Monroe,   Orange,  Oswego,  Putnam,  Rockland,  Wayne  and
Westchester). The other 50 percent ($1.35 million) will be transferred
from the Emergency Management Account to the General Fund.

Effective Date:

This bill takes effect April 1, 2009.

Part S - Establish a program for photo-monitoring enforcement of speed
limits in work zones and designated stretches of highway

Purpose:

This  bill  establishes  a program for photo-monitoring enforcement of
speed limits in work zones and designated stretches of highway.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

This  bill  authorizes  the  Division  of  State Police to implement a
program utilizing automated photo-monitoring equipment for the purpose
of imposing a monetary penalty on the registered  owners  of  vehicles
that have been documented exceeding the posted speed in work zones and
designated  stretches  of  State highways. There will be 60 cameras in
use, with 50 being placed in work zones and 10 on designated stretches
of  highway.   Signs   alerting   motorists   to   the   presence   of
photo-monitoring devices will be posted approximately 300 yards before
the work zone and speed zones.

A  $100  monetary penalty will be imposed upon the registered owner of
the vehicle found to be in violation of speed limit in work zones  and
$50 monetary penalty for those found to be in violation of speed limit
in designated stretches of highway. Registered owners found liable for
violations of the provisions of this bill will not be deemed convicted
as an operator, and will not be assessed points against their driver's
license,  nor  be  subject to increased automobile insurance premiums.
Adjudication of contested violations will be accomplished by a process
established by the Division of Criminal Justice  Services.  Also,  the
Department of Motor Vehicles will be authorized to deny renewal and/or
suspend the registration of owners who repeatedly fail to respond to a
Notice of Violation or who refuse to pay the fine.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget   because   it   improves   public   safety   while  generating
approximately $42 million in net revenue in 2009-10, and  $84  million
when fully annualized.

Effective Date:

This bill takes effect immediately.

Part T - Increase the Motor Vehicle Law Enforcement fee applied to the
purchase  of  vehicle  insurance  to  support the cost of state police
operations

Purpose:

This bill raises the Motor Vehicle Law enforcement fee from $5 to  $10
dollars.  It  also  makes  permanent the fee and related programs that
would otherwise expire in 2009.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

This bill increases the fee from $5 to $10 dollars, and dedicates $4.7
million  annually  to  the  Motor  Vehicle  Theft  and Insurance Fraud
Prevention Fund and the remaining balance to the  State  Police  Motor
Vehicle  Law Enforcement Account.  This fee was last increased from $1
to $5 dollars in FY 2003.

This bill also makes technical amendments to  the  Insurance  Law  and
State  Finance  Law  to  simplify  the  flow  of  these  revenues into
dedicated State accounts  and  eliminates  the  requirement  that  the
Superintendent  of  Insurance  distinguish between fees collected from
passenger and commercial vehicle policies.

The  bill  also  makes  permanent  all provisions related to the Motor
Vehicle Law Enforcement Account, as well as the New York Motor Vehicle
Theft and Insurance Fraud Prevention Program and related provisions.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget as it will generate $48.4 million  in  additional  revenue  and
$65.5  when  fully  annualized.  This bill is necessary to support the
proposed budget for the Division of State Police.

Effective Date:

This bill takes effect March 1, 2009  except  that  the  fee  increase
takes effect June 1, 2009.

Part U - Extend various criminal justice programs that would otherwise
sunset

Purpose:

This  bill  extends  for  five years various criminal justice programs
that would otherwise expire in 2009 and 2010. It also makes  permanent
statutes related to medical parole and merit termination of parole.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This bill extends the authorization of  various  sections  of  law  to
ensure the continuation of criminal justice programs.

Key  programs and statutory provisions continued by this bill include:
determinate sentencing ; inmate work release and furlough;  provisions
related  to  substance  abuse  treatment  for inmates; alternatives to
incarceration; ignition  interlock  program  for  those  convicted  of
alcohol-related  violations;  mandatory  arrest  in  cases of domestic
violence; protective measures for child  witnesses;  and  transfer  of
adult offenders between states.

This bill also makes permanent certain statutory provisions related to
medical parole and merit termination of parole.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget  which  relies on continuation of these programs to support the
Financial Plan projections.

Effective Date:

This bill takes effect immediately.

Part V - Abolish  the  State  Employment  Relations  Board  and  shift
responsibilities to the Public Employment Relations Board

Purpose:

This  bill  abolishes  the State Employment Relations Board (SERB) and
expand the responsibilities of the Public Employment  Relations  Board
(PERB)  for  providing  labor  mediation and other services for public
employers and their employee unions to include the private sector.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

Abolishing   the   State   Employment   Relations   Board  (SERB)  and
transferring its responsibilities to the Public  Employment  Relations
Board  (PERB)  will create a single entity with an appropriately broad
policy perspective  in  the  critical  area  of  labor  relations  and
responsibility  for  assisting  both the public and private sectors in
resolving labor impasses. Further, the volume of union  certifications
and  improper  practice  charges filed with SERB is extremely limited,
and its resources are therefore underutilized. As a result, the merger
will generate economies of scale  and  eliminate  duplicative  efforts
that will generate $1,700,000 in annual savings.

This  bill  amends  the  Civil  Service  Law,  the  Labor  Law and the
Executive Law to abolish SERB and shift  responsibilities  related  to
the private sector and the Indian Nations to PERB.

PERB, established in Article 14 of the Civil Service Law, is currently
charged with assisting State and local governments and public employee
unions  in  resolving  labor impasses by providing mediation services.
The Board also certifies unions and reviews improper labor  practices.
SERB,  created  by Article 20 of the Labor Law, provides mediation and
related services to private employers and their unions, and  certifies
unions  and  resolves improper labor practices that do not fall within
the jurisdiction of the National Labor Relations Board.

Proposals to merge SERB into PERB have been proposed several times  in
the past, most recently as part of the 2006-07 Executive Budget.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget,  which  includes  savings  of  $1,700,000  resulting  from the
abolition of SERB.  Effective Date:

This bill takes effect 30 days after enactment.

Part W - Establish the Office of Procurement Services to  ensure  that
the state is undertaking procurement consistent with best practices to
receive the maximum value at the lowest possible cost

Purpose:

This  bill creates the Office of Procurement Services, a new Executive
agency, to improve the State's ability to generate savings  by  making
more strategic procurement decisions.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This new bill amends the Executive Law and adds  a  new  Article  4-B.
This   article   creates  the  Office  for  Procurement  Services  and
establishes the position and duties of the State's  Chief  Procurement
Officer  to  lead this new agency. It enumerates the functions, powers
and duties of the office and it also addresses  the  transfer  process
and  employee  rights for those who may be affected by the creation of
this agency.

This bill amends the State  Finance  Law,  primarily  the  Procurement
Stewardship  Act,  to  transfer  authority for the State's procurement
function from the  Commissioner  of  General  Services  to  the  Chief
Procurement  Officer.  In  addition,  it  changes  pertinent Office of
General Services statutory references to the  Office  for  Procurement
Services.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget.  While this bill will not generate significant savings in this
budget  year,  it  is  expected  that  once  this  agency   is   fully
operational, its efforts will reap future savings by improving overall
State  procurement  practices and fostering statewide efficiencies and
economies of scale.

Effective Date:

This bill takes effect immediately.

Part X  -  Modify  the  maintenance-of-effort  (MOE)  requirement  for
counties  and  the City of New York to receive funds from the Indigent
Legal Services Fund and the formula for distribution of such funds

Purpose:

This bill ensures that counties and  the  City  of  New  York  do  not
forfeit  all  allocations from the Indigent Legal Services Fund in the
event that they are unable to meet the stringent maintenance of effort
(MOE) requirements set in current law.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

The  Indigent  Legal  Services  Fund (ILSF) is a dedicated fund, which
provides support to counties and the City of New York for the cost  of
indigent defense services. The ILSF was created in 2003, as defined in
Section 98-b of the State Finance Law. The first distribution of funds
occurred in March 2005.

In  2007 three counties did not receive any funds from the ILSF, which
led to substitute funding being provided from the General Fund as part
of the 2007-08 enacted budget.  In 2008, nine counties had not met the
MOE requirement as of the statutory  date  for  distribution  of  ILSF
funds, which led to enactment of two bills.  Statute held certain ILSF
funds, attributable to those nine counties, in temporary reserve while
allocations  were made to the other counties and the City of New York;
and modified the MOE test and the fund distribution formula, but  only
for distributions from the ILSF made in 2008.

This  bill includes similar provisions, but would make them permanent.
These provisions  establish  a  less  stringent  MOE  requirement  and
provide for a reduced award, but not a complete elimination of funding
from  the  ILSF  in  the  event  that  a  county does not meet the MOE
requirement.

Under this bill, the Office  of  the  State  Comptroller  (OSC)  would
consider  the  MOE  to  be  met  in  circumstances  where  a  county's
expenditures for indigent legal services during the calendar year  was
greater  than  the  average  expenditure  for  such  services over the
preceding three calendar years. Averaging three years of  spending  to
determine  the  "base" used to measure whether a county has maintained
the level of local funding would serve to smooth  out  the  effect  of
significant swings in spending driven by caseload.

In  the  event  that a county or the City is unable to comply with the
MOE requirement, it would nonetheless receive an allocation  from  the
ILSF,  but  in  an  amount  that has been reduced in proportion to the
county's MOE shortfall.

Further, this bill allows OSC to make adjustments in ILSF payments  to
account  for audit findings regarding local spending on indigent legal
services.
Budget Implications:

This  proposal  is  cost  neutral  for  the State, but provides for an
alternative distribution of funds from the ILSF to  counties  and  the
City  of  New York for the cost of providing indigent legal services -
one which ensures each county  receives  some  benefit,  in  order  to
better protect the provision of indigent legal services.

Effective Date:

This bill takes effect March 1, 2009.

Part  Y  -  Provide  the  New  York State Health Insurance Program the
option to operate as a self-insured plan

Purpose:

This bill would amend Civil Service Law to insert language that  would
allow  the  New  York State Employee Health Insurance Plan (NYSHIP) to
operate as a self insured plan.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

This  bill  would  allow the State the option to be self insured for a
variety of employee health benefits. Currently,  the  State  contracts
with  licensed  insurance  companies for various health benefits, pays
all necessary risk  charges  associated  with  having  insurance.  The
insurance  carriers also pay specialty taxes and insurance assessments
which they, in turn, pass along to the State as charges.

Even though the State pays such risk charges  and  reimbursements  for
tax  assessments, NYSHIP, for all practical purposes, functions like a
self insured plan.  Regardless of the premium paid, the State pays the
actual billed costs  of  health  benefits.  Therefore,  the  insurance
carriers  incur a very minimal amount of actual risk, but benefit from
risk fees charged to the State. The language change proposed  in  this
bill  would  not  require the State to change the current practice; it
simply would give NYSHIP flexibility of choice going  forward.  Giving
the  State  more  choices  would create a more competitive environment
among the current  insurers  and  would  also  broaden  the  field  of
competition   by   allowing  third  party  administrators  to  bid  on
contracts.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget. This bill would afford the State  more  flexibility  to  enter
into  contracts for employee health benefits that are in the financial
interests of the State and local governments which participate in  the
Empire Plan.

Effective Date:

This bill takes effect March 1, 2009.

Part  Z  -  Establish  a  sliding  scale  for retiree health insurance
premium contributions for future state retirees

Purpose:

This bill would reduce the State's share of health  insurance  premium
contributions   for  certain  prospective  State  retirees  and  their
dependents.


Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

This  bill  would  require employees retiring on or after 30 days from
enactment of the bill to make health insurance premium  contributions,
on  a  sliding  scale,  based  upon  years  of  service at the time of
retirement. The State would pay a minimum premium share of 50  percent
for  individual  coverage  and  35  percent for dependent coverage for
employees  who  retire  with  10  years  of   service.   The   State's
contribution   would  increase  by  2  percent  of  premium  for  each
additional year of service up to a maximum contribution of 90  percent
for  individual  coverage  and  75  percent for dependent coverage for
employees who retire with 30 or more years of service.  The bill would
make parallel adjustments in the contributions for employees  who  die
prior to retirement, and dependents of such employees and of employees
who die after they retire.

Currently, the State provides a premium contribution of 90 percent for
individual  coverage  or  75  percent for dependent coverage for every
post 1983 retiree with at least 10  years  of  service.  In  addition,
employees may apply up to 1,500 hours of unused sick leave as a credit
to  offset  their premium contribution. This application of sick leave
credit can increase the State's contribution  beyond  90  percent  and
even  up  to 100 percent, depending on the amount of sick leave credit
applied as an offset.

The State pays the full premium contribution for pre-1983 retirees for
individual coverage and approximately 94% for family coverage.

Modifying contributions for future retirees  is  of  great  importance
given  the  current  financial  crisis,  and  will  help  to  make the
significant  financial  burden  of  retiree   health   benefits   more
affordable  for  the State. At the same time, State contributions will
still be sufficient  to  insure  that  retirees  continue  to  receive
affordable  health  coverage,  and those with long years of service to
the State will experience  no  increase  in  their  payments  at  all.
Retiree  health  coverage  currently  accounts  for  39 percent of the
State's  annual  spending  for  employee  health  insurance  premiums.
Presently, the State's coverage is uniformly generous to all employees
and  retirees;  it provides the same level of premium coverage whether
an employee has worked for the State for 10 years or 30 years.  Budget
Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget. The State will save an estimated $8 million in 2009-10 and $17
million in 2010-11.

Effective Date:

This bill takes effect 30 days after enactment.

Part AA - Require  state  employees  and  retirees  to  contribute  to
Medicare Part B premiums

Purpose:

This  bill  would  incorporate  the  Medicare B premium costs into the
overall cost of the Empire Plan and  HMOs  shared  by  the  State,  as
employer and State employees and retirees.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This bill  would  recognize  Medicare  Part  B  premium  costs  as  an
appropriate  cost  of  the Empire Plan and HMO employee/retiree health
coverage. The State  will  continue  the  current  practice  of  fully
reimbursing  retirees  through  pension  payments  for Medicare Part B
premiums deducted from social security checks.

Medicare  was  established  in  1965  as  a  two-part  program. Part A
provides  insurance  coverage  of  inpatient  hospital  care.  Part  B
provides  coverage  for  physician  services  both  in  and out of the
hospital. Medicare benefits are available to individuals over age  65.
Most  senior citizens pay a monthly premium in order to receive Part B
benefits. The State reimbursed retired State employees $96 a month for
their Medicare Part B premiums in fiscal year 2008 -09  ($134  million
annually).

New  York  State  is  among  only 6 states that reimburse a portion of
Medicare Part B premiums. The  Empire  Plan  has  benefited  from  the
Federal Medicare reimbursements to physicians resulting in billions in
savings  -  -  costs  which  would have otherwise been incurred by the
State, employees and retirees. Under  this  bill  both  employees  and
retirees  will  pay  a  portion  of Medicare Part B premiums (i.e., 10
percent for individual coverage and 25 percent for dependent coverage)
consistent with the longstanding arrangement for  Empire  Plan  health
insurance premiums. By blending the Medicare Part B premium costs into
the   much   larger   Empire   Plan   and  HMO  premium  calculations,
approximately 14 percent of the costs will be recouped from both State
employees   and   retirees.    Employee/retiree    health    insurance
contributions  will  increase  by  approximately  $20 - $30 a year for
individual coverage and $80 a year for family coverage.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget. The State will save an estimated $2.5 million in  2008-09  and
$30 million in 2009-10.

Effective Date:

This bill takes effect March 1, 2009.

Part BB - Eliminate the general salary increases scheduled on or after
April  1,  2009  provided  for  in  collective  bargaining agreements,
interest arbitration awards, and for M/C employees

Purpose:

This bill would eliminate the general salary increases scheduled on or
after April 1, 2009 for State employees  provided  for  by  collective
bargaining    agreements,    as    well    as    the    increase   for
Management/Confidential employees set forth in Chapter 10 of the  Laws
of 2008.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

As set forth in the legislative findings accompanying this  bill,  the
State  faces  a  severe fiscal crisis, which cannot be resolved absent
extraordinary measures to control spending. To  that  end,  this  bill
would  eliminate  the  pay  increases  for  State employees that would
otherwise  take  effect  on  or  after  April  1,  2009,  pursuant  to
collective  bargaining  agreements,  interest  arbitration  awards and
legislation    providing    the    terms     of     employment     for
management/confidential employees. This step is necessary to achieve a
balanced budget while avoiding massive layoffs and the continuation of
important state services.

This  bill would go into effect, notwithstanding collective bargaining
agreements for unions that have reached agreement with the  State,  to
impose a freeze on general salary increases on or after April 1, 2009.
Current  collective  bargaining  agreements provide for general salary
increases, some of which are codified in Chapters 10,  49,  113,  114,
219 and 287 of the Laws of 2008. This is a new bill.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget.  The  State  will  save an estimated $122 million General Fund
($332 million All Funds) in 2009-10 and in the out-years.    Effective
Date:

This bill takes effect immediately.

Part CC - Implement a Tier 5 pension benefit for newly hired state and
local government employees

Purpose:

This  bill  would  amend  the  Retirement and Social Security Law, the
General Municipal Law, and the Education Law to  implement  a  Tier  5
pension  benefit for newly hired State and local government employees.
This bill would affect future members of the New York State and  Local
Employees'  Retirement  System  (ERS),  the  New  York State Teachers'
Retirement System (TRS),  the  New  York  City  Employees'  Retirement
System  (NYCERS),  the  New  York  City  Teachers'  Retirement  System
(NYCTRS), the New York  City  Board  of  Education  Retirement  System
(NYCBERS)  and the New York State and City Optional Retirement Program
(ORP). The changes proposed in this bill  would  not  affect  existing
employees or future members of the New York State and Local Police and
Fire  Retirement System, the New York City Police Pension Fund, or the
New York City Fire Pension Fund.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

At  a  time  when  both  the  State  and  local governments are facing
significant fiscal pressures, it is imperative that the State find new
ways in which it can  achieve  cost  savings.  Because  pension  costs
impose  such  a  significant  burden  on  the  State  and other public
employers, implementing a new and less costly tier of pension benefits
for newly hired employees  will  begin  to  yield  immediate  savings,
without  impairing  the  expectations  of existing employees. The tier
proposed in this bill is fully consistent with the State's interest in
providing for its retirees. Indeed, many of  the  provisions  in  this
bill  re-implement provisions of the Tier 4 pension benefit originally
enacted in 1983.

The new Tier 5 provisions would require future members of ERS and  TRS
to:  reach  age 62 before becoming eligible to draw a pension benefit;
make three percent employee contributions for the  duration  of  their
employment;  have 10 years of credited service before qualifying for a
vested pension benefit; and reach  25  years  of  service  before  the
multiplier  used  to  calculate  pension  allowances is increased from
one-sixtieth to one- fiftieth of final average salary times  years  of
credited  service.  The bill would also lower the amount of sick leave
allowed to be used for additional service credit  from  the  200  days
presently  allowed  for  most State employees to 165 days for eligible
employees, and exclude overtime payments from the final average salary
(FAS) calculation used to determine pension allowances.

Future members of NYCERS and NYCTRS would be required to make employee
contributions for the duration of their employment, and have 10  years
of  credited  service  before qualifying for a vested pension benefit.
Overtime payments would also be excluded for the FAS  calculation  for
NYCERS and NYCTRS members.

Future members of the State and New York City ORP would be required to
make three percent employee contributions throughout their service.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget.  This  proposal is expected to yield $10 million in savings to
the State in 2009-10 and $30 million in 2010-11.

Effective Date:

This bill takes effect March 1, 2009.

Part DD - Authorize a new tier of pension benefits for newly hired New
York City uniformed employees, submitted at the request of the Mayor

Purpose:

This bill is advanced at the request of the Mayor of the City  of  New
York,  and will not be acted upon without a Home Rule message from the
New York City Council.   It would  amend  the  Retirement  and  Social
Security  Law and the New York City Administrative Code to establish a
modified pension plan  for  certain  members  of  the  New  York  City
uniformed  forces  who become pension plan members after the enactment
of the bill.  The bill would apply to  future  New  York  City  police
officers,  firefighters,  uniformed  correction officers and uniformed
sanitation members.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

The  revised  pension  plan  proposed  in  this  bill will provide for
greater  employee  contributions  to  the  retirement  system,   while
ensuring  a  valuable retirement benefit for new employees affected by
this bill. It will also establish pension benefit uniformity among new
employees in the New York City Uniformed Services.  This  will  reduce
future  costs  to  taxpayers,  ensure  the  future  stability  of  the
retirement fund, and with other comparable systems around the country.

The current retirement benefits for New York City  Uniformed  Services
(Police and Fire, Corrections and Sanitation) are provided at 20 years
of  service regardless of the age of the employee. The current benefit
structure results in the  loss  of  many  talented  uniformed  service
employees  at  a  young age. Under the proposed tier, uniform services
would receive the full benefit after 25 years of service  rather  than
20,  at  a  minimum retirement age of 50, and would be vested after 10
years of service rather than 5, thereby  ensuring  longer  service  of
these essential employees.

The  costs of the current plan retirement benefit are significant, and
have grown rapidly over the past decade. This proposal would  continue
to  ensure  a  valuable  pension  benefit  for future employees, while
balancing New York City's ability to pay. Requiring  members  to  make
contributions  for  the  first  25 years of their service while basing
their benefit on a three-year final average  salary  ensure  that  new
employees  will provide sound financial underpinnings for their future
benefits. These changes are consistent with the types of plans offered
in other large states and cities across the nation.

In general, New York City uniformed force members currently may retire
after 20 years of service without regard to  age,  with  an  unreduced
retirement  allowance  of  50%  of  salary  for  the first 20 years of
service. Police, fire and uniformed  correction  retirees  receive  an
additional  benefit of 1/60th of salary for each year of service after
the first 20 years, while uniformed  sanitation  retirees  receive  an
additional  1.5% of salary for each year of service after the first 20
years. Police and fire members who retire for service after  at  least
20  years  of  service  also  receive  a  City-guaranteed  non-pension
variable supplements fund (VSF) benefit equal  to  $12,000  per  year.
Uniformed  correction service retirees currently have a non-guaranteed
VSF benefit which is  paid  only  in  those  years  when  there  is  a
sufficient  amount  in  the  VSF fund to pay each eligible retiree the
full amount of the $12,000 annual benefit.

Under the bill, future New York City  uniformed  force  members  would
need  to  be  at  least 50 years of age and have 25 years of uniformed
force service in order to retire for service with immediate payability
of an unreduced retirement allowance equal to 2% of  salary  for  each
year  of  credited service. The early service retirement provisions of
the bill would permit members to retire  after  20  years  of  service
without  regard  to age, and receive immediate payability of a reduced
retirement allowance which would be based on that  same  formula,  but
which  would  be  reduced  by  5%  for  each  year  that  the member's
retirement precedes the age 50  and  25-year  point.  The  bill  would
eliminate the one-year final average salary for future police and fire
members,  and  provide  for  a three-year final average salary for all
future uniformed force  members.  The  bill  also  would  make  future
uniformed force members ineligible for VSF benefits, and the permanent
cost of living allowance enacted by Chapter 125 of the Laws of 2000.

The  bill  also would impact vesting requirements and benefits for new
uniformed force members. Currently, uniformed force members who resign
with at least 5 years of uniformed force service  are  entitled  to  a
vested  benefit equal to 2.5% of salary for each year of service. That
benefit becomes payable at the  point  where  the  member  could  have
retired with 20 years of service if he or she had remained in service.
The  bill  would  require at least 10 years of uniformed force service
for vesting eligibility, and the vested benefit of 2% of salary  would
not become payable until age 65.

The  bill  also  would  change  the  member contribution rates for new
members. Currently, the member contribution rate for police  and  fire
members is determined by an actuarial calculation that is based on the
member's  age  at the time of becoming a member.  Uniformed correction
and sanitation members, in addition to making the basic 3%  of  salary
member  contributions  for  the first 10 years, make additional member
contributions in accordance with the provisions of their 20-year plan.
Persons who have become correction officers since October 19, 2004 are
required to make additional member contributions at the rate of  4.61%
of  salary  for  the  first  20 years of service, while the additional
member contribution rate for uniformed sanitation members currently is
5.35% of salary for the first 20 years of  service.  In  lieu  of  the
current  member contributions and additional member contributions, the
bill would require all new uniformed force members to contribute 5% of
their salary until they have 25 years of uniformed force service.

This is a new bill.

Budget Implications:

This bill would result in savings to New York  City  of  approximately
$25  million  in  the  year after enactment. Savings would increase by
approximately $25 million per year as new employees  are  hired,  such
that the annual savings will be $500 million in 20 years.

Effective Date:

This bill takes effect immediately.

Part  EE  -  Implement  an additional 5-day pay deferral for all state
employees

Purpose:

This  bill  would  implement  an additional 5-day pay deferral for all
employees, achieved through a  10  percent  reduction  in  salary  per
paycheck  for  five  payroll periods. The additional deferral would be
payable when an employee retires or  otherwise  separates  from  State
service,  or  on April 1, 2011 unless the Director of Budget finds, on
an annual basis, that continuation is  necessary  to  address  exigent
financial circumstances.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

The State faces a severe  fiscal  crisis,  which  cannot  be  resolved
absent  extraordinary  measures to control spending. To that end, this
bill would defer 5 days of salary for all  State  employees  until  an
employee retires or otherwise separates from State service or on April
1, 2011, unless the Director of Budget finds, on an annual basis, that
continuation  is necessary to address exigent financial circumstances.
Implementing this salary deferral would impact all employees  and  can
be  administered  relatively  easily.  Moreover,  many employees would
ultimately  realize  more  money  than  was  deferred,  since  payment
following the deferral would be based on the employee's salary rate at
the time of payment, and cannot be less than the salary deferred.

This  bill  would  amend State Finance Law to subject all employees in
the Executive Branch and the State's statutory or contract colleges to
an additional five-day pay deferral, and would provide  an  option  to
the  unified  court  system  and  legislature  to  participate in such
deferral, or to identify other comparable savings.  For each  of  five
payroll periods, commencing as soon as administratively feasible after
enactment  of  this  bill, 10 percent of an employee's biweekly salary
will be deferred until an employee retires or otherwise separates from
State service,  or  until  withholding  terminates.  At  the  time  of
separation or termination of the withholding, the employee is entitled
to  a  lump  sum payment based upon the rate of basic annual salary in
effect at the time of separation.  In  no  event  will  the  lump  sum
payment be less than the amount of salary originally withheld.

Under  Chapter  947  of the Laws of 1990, current and future employees
are subject to a five-day pay deferral.

Budget Implications:

Enactment of this bill is necessary to implement the Executive Budget.
The State will save an  estimated  $121  million  General  Fund  ($264
million All Funds) in 2009-10.

Effective Date:

This bill takes effect immediately and expires March 31, 2010.

Part  FF  - Reduce state payments in lieu of taxes and freeze payments
for taxes on state owned lands

Purpose:

This bill would amend Public Lands Law and Real Property  Tax  Law  to
reduce  State  payments  in lieu of taxes (PILOTs) and freeze payments
for taxes on State owned lands.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

The State is facing unprecedented fiscal challenges. Many areas of the
State  budget  that have thus far been left untouched must now undergo
cuts in order to help close the budget deficit. Such areas include the
various programs in the General State Charges budget that provide  for
payments  to  local  governments  pursuant  to various sections of the
Public Lands Law and the Real Property Tax Law.

Commensurate with the reduction applied to many other local assistance
programs,  this  bill  amends  the  Real  Property  Tax  Law to freeze
payments for taxes on State owned lands at the level paid during State
fiscal year 2008-09. It also amends various  sections  of  the  Public
Lands  Law  to  reduce  payments  in lieu of taxes by six percent from
their scheduled amount.

Section 1 of the bill amends Real Property Tax Law  §544,  to  provide
that  all  future  payments made by the State pursuant to Article 5 of
the Real Property Tax Law shall be equal to  the  amount  paid  during
State fiscal year 2008-09. For lands acquired by the State after April
1,  2009  or during State fiscal year 2008-09 after the taxable status
date of such lands, the payments made by the State shall be no greater
than the tax owed on such lands during the year  in  which  they  were
initially taxable pursuant to Article 5 of Real Property Tax Law.

Section  2  of  the  bill  amends  Public Lands Law §19 to permanently
reduce payments to localities made pursuant  to  the  section  by  six
percent.

Section  3  of  the  bill amends Public Lands Law §19-A to permanently
reduce payments to the City of Albany made pursuant to the section  by
six  percent.   This section amends both subdivision 2 of the section,
which details payments made by the State according to the  traditional
Public Lands Law § 19-A formula, and subdivision 2-a, which explicitly
specifies  the  amount  of  the  PILOT to be paid by the State for the
Empire State Plaza.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget. It is estimated to yield $8.5M of savings in 2009-10.

Effective Date:

This bill takes effect March 1, 2009, except that  section  one  takes
effect April 1, 2009.

Part  GG  -  Modify  the  Aid  and Incentives for Municipalities (AIM)
Program

Purpose:

This bill amends the  Aid  and  Incentives  for  Municipalities  (AIM)
Program  to implement necessary cost savings measures that rescind aid
increases scheduled for municipalities outside of New  York  City  and
eliminate AIM funding for New York City.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This bill amends State Finance Law §54 and Part O of Chapter 56 of the
Laws of 2008

§11, which authorize the AIM Program and related payment advances,  to
accomplish the following:

*Eliminate  the  aid  increases for municipalities outside the City of
New York that are currently authorized in law for the next two  years,
generating  savings  of  $61million in SFY 2009-10 and $130 million in
SFY 2010-11. Even after this action,  the  State  will  maintain  $755
million  in aid for these municipalities - an increase of $290 million
(62 percent)  since  2004-05.  This  substantial  growth  in  funding,
combined  with new mandate relief and revenue alternatives advanced in
the  SFY  2009-10  Executive  Budget,  provides  sufficient  financial
footing for cities, towns and villages to manage with AIM funding kept
at SFY 2008-09 payment levels;

*Preserve the current-law requirement that cities, as well as villages
meeting all four fiscal distress indicators  under  the  AIM  Program,
must develop multi-year financial plans;

*Eliminate  aid to the City of New York under the AIM Program starting
in SFY 2009-10, generating $328 million in annual  savings.  New  York
City  has  a  much wider range of revenue sources available to support
its operations compared to other municipalities and  its  reliance  on
AIM  (0.5 percent of total revenues) is far less than other cities (18
percent of total revenues on average).  Moreover, a package of mandate
relief and revenue alternatives are proposed with the Executive Budget
to help offset this reduction; and

*Simplify the municipal merger  incentives  offered  under  the  Local
Government  Efficiency Grant Program, which is appropriated under AIM.
This proposal eliminates two  merger  incentive  options  that  always
provide  less  aid to municipalities over the long term than the other
option, which awards municipalities participating in  a  consolidation
or  dissolution  additional  aid equal to 15 percent of their combined
property tax levy, subject to a cap of $1 million.  The proposal  also
specifically   addresses   the  calculation  and  allocation  of  this
incentive in cases where one village dissolves into multiple towns.

*Expand eligibility for Local Government Efficiency Grants to  include
association  libraries, municipal public libraries and school district
public libraries. Currently, library districts are the  only  type  of
library that may apply for grants under the program.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget  because  it  will authorize a total of $389 million in savings
compared to current law.  Effective Date:

This bill takes effect March 1, 2009.

Part HH - Provide mandate relief for local governments

Purpose:

This bill will facilitate local  government  cost  saving  efforts  by
providing relief from certain State mandates.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This  bill  facilitates  local  government  cost  saving  efforts   by
providing   relief   from  a  number  of  burdensome  state  mandates.
Specifically, this bill:

*revises multiple bidding requirements (the Wicks Law) for the  State,
municipalities,   school   districts  and  public  authorities  for  a
five-year period.  Earlier this year, legislation  was  enacted  which
increased  the  multiple  bidding  thresholds  ($3 million in New York
City, $1.5 million in Nassau, Suffolk and  Westchester  counties,  and
$500,000  for  Upstate  counties), provided subcontractor protections,
and allowed localities to avoid the Wicks Law  limitations  altogether
by  entering  into Project Labor Agreements (PLAs).  While maintaining
these protections, this proposed legislation is necessary in light  of
the  current  fiscal  crisis,  to further reduce the cost of State and
local construction projects. Specifically, the bill  would  raise  the
multiple  bidding  thresholds  in New York City to $10 million, exempt
school  construction  from  these thresholds altogether (including the
NYC School Construction Fund), and remove apprenticeship  requirements
from  the  PLA  provisions.  In  addition,  the  New  York City School
Construction Authority's Wicks exemption is extended until 2014.

*provides local  governments  with  more  contracting  flexibility  by
increasing   local   competitive   bidding  thresholds,  allowing  for
contracts  to  be  awarded  by  "best   value,"   and   allowing   for
"piggybacking" on certain contracts.

*reforms  collateral  source  offsets  in personal injury and wrongful
death actions against local  governments  and  the  State.  This  will
ensure  public  employers are treated the same as private employers in
such actions. New York City estimates that it will save $14.5  million
annually from this reform.

*sets  the  interest  rate paid on judgments against local governments
and the State at market rates with a nine percent cap, rather than the
existing nine percent interest rate maximum.

*unifies the Transitional Finance Authority's (TFA) statutory  bonding
authority  with  New York City's general obligation (GO) debt limit by
providing that  TFA  debt  issued  above  the  current  $13.5  billion
statutory  cap  will count against the City's available GO debt limit,
change TFA's statutory cap calculation  from  bonds  issued  to  bonds
outstanding, and apply TFA's current 20 percent variable rate bond cap
to the unified cap/debt limit under this new structure.

*allows  New  York City to issue bond anticipation notes (BANs) with a
longer maturity period.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget because it will provide fiscal relief and increased operational
flexibility for local governments.

Effective Date:

This bill takes effect immediately, except sections 1 through 12  will
control  all contracts advertised or solicited for bid on or after the
effective date of this act under the provisions of any  law  requiring
contracts to be let pursuant to provisions of law amended by this act,
and  will  expire  five  years  from  such  effective date, except for
sections 8 and 12.  Sections 13 through 16 will apply to  all  actions
and  proceedings  pending on or commenced on or after such date except
that it shall not apply to trials or settlements that  occurred  prior
to  such  effective date. The amendments to section 1735 of the public
authorities law made by section 8  and  section  103  of  the  general
municipal  law  made  by  section  21 of this act shall not affect the
expiration of such sections and shall expire and  be  deemed  repealed
therewith.

Part  II  -  Extend  authorization  for  the  Office  of Real Property
Services to charge oil and natural gas producers for  determining  the
property value of oil and gas units of production

Purpose:

This  bill extends the schedule of fees charged to oil and natural gas
producers, which support costs of the Office of Real Property Services
in determining the property value of oil and gas production.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

This  bill amends Chapter 540 of the Laws of 1992, which established a
schedule of fees under Real Property Tax Law §593 that are charged  to
oil and natural gas producers to reimburse the Office of Real Property
Services for developing a uniform, statewide assessment of oil and gas
production  values  that  are  used in property tax assessments.   The
authority to charge such fees is extended from March 31, 2009 to March
31, 2012.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget because it authorizes an estimated $43,000  in  fees  that  are
dedicated  to  support  operations  of  the  Office  of  Real Property
Services.

Effective Date:

This bill takes effect March 1, 2009.

Part JJ - Increase  the  real  property  transfer  fees  that  support
expenses  of  the  Office  of Real Property Services, and redirect the
deposit of these fees to the General Fund

Purpose:

This bill addresses an accumulated deficit in funding for  the  Office
of Real Property Services by increasing the real property transfer fee
that is used to support agency operations.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This bill amends Real Property Tax Law §333, which authorizes  a  real
property  transfer  fee  that  is paid whenever a deed is recorded, to
increase such fee from $50 to $100 for housing cooperatives, from  $75
to  $125  for  residential or farm property, and from $165 to $250 for
commercial property. The county that collects the fee retains $9,  and
the  remainder  is dedicated to support expenses of the Office of Real
Property Services currently funded in the Improvement of Real Property
Tax Administration Account.  Higher fees are necessary to  address  an
accumulated  account deficit that is projected to total $15 million by
the end of SFY 2008-09.

Beginning in SFY 2009-10, the  State's  share  of  revenue  from  real
property  transfer  fees  will  be redirected to the General Fund. The
2009-10  Executive  Budget  proposes  to  discontinue   use   of   the
Improvement  of  Real  Property Tax Administration Account and instead
support expenses of the Office of Real Property Services directly from
the  General  Fund.  This  change  is  necessary  to  provide  greater
stability to the funding of agency operations.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget,  as  the  increases in real property transfer fees will enable
the State to address an accumulated deficit in funding for the  Office
of  Real  Property Services by raising an estimated $14 million in SFY
2009-10  and  $19  million  in  future-year  annual  revenue.      The
redirection  of real property transfer fee revenue to the General Fund
is consistent with proposed changes in appropriations for  the  Office
of Real Property Services.

Effective Date:
This  bill  takes effect immediately, with the fee increases effective
June 1, 2009.

Part  KK - Restructure state aid provided to municipalities in which a
video lottery gaming facility is located

Purpose:

This bill  establishes  new  limitations  on  State  aid  provided  to
municipalities  that  host  a  video  lottery  gaming  facility, while
preserving adequate reimbursement for costs  incurred  by  communities
where these facilities currently operate.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This bill amends State Finance Law §54-l, which authorizes a State aid
program for local governments in which a video lottery gaming facility
is located, to: (1) limit the aid program to current  recipients;  and
(2)  set  payments in SFY 2009-10 and thereafter at the amount paid in
SFY 2008-09 for the city of Yonkers, and at 50 percent of the  amounts
paid in SFY 2008-09 for the 17 other eligible municipalities.

The  current  aid formula allocates funding to eligible municipalities
without regard to local need for such revenue  or  the  actual  fiscal
impact  resulting  from  hosting video lottery gaming facilities. A 50
percent  reduction  from  SFY  2008-09  payment  levels  for  eligible
municipalities   outside   of  Yonkers  will  make  the  program  more
affordable  and  still  provide  host  municipalities  with   adequate
reimbursement for any local costs resulting from the gaming operations
in  their  communities.  Aid  to  the City of Yonkers is held harmless
because, unlike other eligible municipalities, its payment is used  to
directly  fund  the  city's  school  district.  Further growth in this
program is also contained by limiting the aid to  current  recipients,
making New York City ineligible for an estimated $19.6 million payment
when a video lottery gaming facility opens at Aqueduct.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget  because  it  reduces  the  State  cost  of  providing  aid  to
municipalities where video lottery gaming facilities are located by an
estimated $28.9 million in SFY 2009-10.

Effective Date:

This bill takes effect March 1, 2009.

Part LL - Expand New York  City's  Red  Light  Camera  Traffic  Safety
program,  and  provide  certain  cities  and counties authorization to
administer a similar program

Purpose:

This bill improves public safety and increase revenues for the State's
largest cities and counties, this bill expands the  Red  Light  Camera
Traffic  Safety  Program  currently  authorized  for New York City and
extends authorization for  the  program  to  the  cities  of  Buffalo,
Rochester,  Syracuse  and  Yonkers,  as  well  as  Nassau  and Suffolk
counties.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

This bill amends Vehicle & Traffic Law §1111-a to expand the Red Light
Camera  Traffic Safety Program currently operating in New York City to
also include, at local  option,  the  cities  of  Buffalo,  Rochester,
Syracuse and Yonkers, and the counties of Nassau and Suffolk.

The  current  Red Light Camera Traffic Safety Program is also modified
as follows:

*The maximum fine is increased from $50 to $100 for each violation.

*The number of intersections in which cameras can be installed  is  no
longer capped at 100, and instead becomes a local determination.

*Scheduled  to expire on December 1, 2009, statutory authorization for
the program is made permanent.

*State reporting requirements related to New York City's demonstration
program are repealed.

The bill also makes conforming amendments to the  Administrative  Code
of  the City of New York §19-210, Chapter 746 of the Laws of 1988, and
Local Law Number 46 of the City of New York for the Year 1989.

Established in 1988 as a demonstration program for New York City,  the
Red  Light  Camera  Traffic  Safety  Program  has  been  shown to be a
cost-effective approach to improving traffic safety. In recent  years,
a   number  of  other  large  municipalities  have  requested  similar
authorization to both  improve  public  safety  and  raise  additional
revenue  to  offset the local property tax burden. Because the program
has proven successful in meeting both objectives over 20 years in  New
York City, it is reasonable to make it permanent in law and extend the
program to other municipalities who have requested participation.

The  maximum  fine  amount  of $50 should be raised to $100 consistent
with national trends for a cost-effective program.  The  $100  maximum
fine  is  also  at the low end or below the range of fines imposed for
red light violations in New York State.

Finally, the cap on the number of intersections is removed because  it
is   more   appropriate   for  each  local  government  to  make  this
determination, as the optimal number of  intersections  will  vary  by
municipality.  Moreover,  New  York  City  has potential to expand its
program in a cost-effective manner well beyond the  current  limit  of
100 intersections.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget  because  it offers the State's largest cities and counties the
ability to improve traffic safety and raise  additional  revenue  that
will  help  offset  reductions  in  other  State  aid  programs.  This
expansion of the Red Light Camera Traffic Safety Program is  estimated
to  raise  additional  annual revenue net of program expenses totaling
$100 million for New York City in CFY 2009-10, growing to $233 million
by CFY 2011-12, and approximately $50 million for the  other  eligible
cities and counties combined.

Effective Date:

This bill takes effect immediately.

Part  MM  -  Authorize  cities and villages to collect utilities gross
receipts taxes on mobile phone services

Purpose:



This bill relieves pressure on local property taxes by allowing cities
and villages to collect utilities gross receipts tax on  mobile  phone
services, as is currently done by New York City and the State.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This bill amends General City Law §20-b  and  Village  Law  §5-530  to
include  mobile  telecommunications  service  within  the scope of the
utility gross receipts tax that may be imposed by cities and villages.
The State, New York City, and approximately 60 cities and 360 villages
outside of New York City currently impose gross  receipt  taxes  under
statutory  authority that dates back to 1959. The statutes authorizing
gross receipts taxes for New York City and the State  were  modernized
to   cover   mobile  telecommunication  services  in  1995  and  1998,
respectively. This bill makes comparable changes for other cities  and
villages.  The amendments conform to Federal Mobile Telecommunications
Sourcing Act requirements to source mobile telecommunications services
to the "place of primary  use,"  which  generally  is  the  customer's
residence or place of business.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget  because  it  offers local governments a revenue alternative to
ease the local property tax  burden.    Extending  the  utility  gross
receipts  tax  to  mobile  telecommunications  is estimated to provide
$12.5 million in additional annual revenue  for  cities  and  villages
outside of New York City.

Effective Date:

This  bill  takes  effect  immediately, and applies to taxable periods
beginning on and after September 1, 2009.

Part NN - Enact  recommendations  made  by  the  Commission  on  Local
Government Efficiency and Competitiveness

Purpose:

This  bill  makes  statutory  changes  necessary  to implement certain
recommendations of the Commission on Local Government  Efficiency  and
Competitiveness related to municipal health benefit plan cooperatives,
improved  coordination  of  State  and local highway services, certain
inter-county  functions,  special  districts,  unified   process   for
municipal  consolidations  and dissolutions, and conversion of elected
local offices.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

This  bill  facilitates local restructuring and efficiency by enacting
several of the recommendations of the Commission on  Local  Government
Efficiency and Competitiveness.

Sections 1 through 7 amend the Insurance Law to relax the requirements
for  forming  a  municipal cooperative health benefit plan pursuant to
Article 47 of the Insurance Law as follows:

*Require insurers to provide up to three years of claims experience to
a municipal corporation when it  requests  such  information  for  the
purposes of forming or joining such a cooperative;

*Reduce  the  minimum  number  of  municipal  corporations  needed  to
establish such a cooperative from five to three;

*Provide flexibility in the reserve requirements for such cooperatives
by allowing a qualified actuary to determine the  amount  of  reserves
each individual cooperative needs, and by allowing new cooperatives to
amass  these  reserves  over  a five- year transition period. All such
cooperatives  are  currently  held  to  the same reserve requirements,
regardless of the characteristics of their covered population, and are
currently obligated to meet this requirement  at  the  time  of  their
formation; and

*Direct  the Insurance Department to order a study, to be completed by
September 1,  2010,  of  the  impact  on  the  community-rated  health
insurance market of allowing municipalities with 50 or fewer employees
to  join  with  larger  municipalities  to  purchase  experience-rated
policies.

These changes are necessary because,  due  to  the  current  stringent
requirements,  not  a single municipal cooperative health benefit plan
has  been  formed  since  the  enactment  of  Article  47   in   1994.
Municipalities   also  are  deterred  from  forming  or  joining  such
cooperatives because they lack access to their claims  experience  and
so  cannot  make  an  informed  decision as to the potential risks and
benefits of such  an  action.  Several  municipalities  are  currently
exploring countywide municipal health benefit plans, and those looking
into  them  have  identified the cost of community-rated policies as a
problem.

Sections 8 and 9 amend  the  Agriculture  and  Markets  Law  to  allow
multiple  counties  to  share  one  Director  of  Weights and Measures
pursuant to an intermunicipal agreement.  The Agriculture and  Markets
Law currently requires each county to have its own Director of Weights
and  Measures,  who  must  reside  in  the county. This change has the
potential not only to improve the delivery of such services, but  also
to generate cost savings for counties. The bill also amends the County
Law to update antiquated

"Sealer"  references  to conform to current terminology. Some counties
have explored sharing this position.

Sections 10 through 13 amend the General Municipal Law and the Highway
Law to facilitate shared services agreements among municipalities  and
between municipalities and State agencies. These amendments will:

*Expand the list of services that can be the subject of shared service
contracts;

*Authorize non-monetary exchanges of goods and services;

*Allow  the  State Department of Transportation (DOT) to contract with
municipalities for terms of up to five years; and

*Broaden the range of emergency situations for which DOT  can  provide
assistance, and allow municipalities to similarly assist the State.

Currently,  DOT  can  contract with municipalities only for three-year
terms  and  can  provide  only  snow  and  ice  control  services   to
municipalities  in emergencies. These amendments have the potential to
make  the  delivery  of  highway  services  more  efficient  and  more
cost-effective at both the state and local levels.

Section  14  amends  the Public Health Law to allow certain county and
part-county health districts to share the  same  commissioner/director
and,  under  these  circumstances,  to also have common district board
members, subject to the approval of the  State  Department  of  Health
(DOH). Residency requirements currently prohibit such sharing of board
members.   DOH  will  be  required  to  periodically  review  approved
director- and board-sharing arrangements to  verify  that  such  joint
membership  continues  to  serve  the  interest of public health. This
change will allow small county  or  part-county  health  districts  to
reduce  their  administrative expenses without lowering the quality of
the services they provide. Some counties have explored this option.

Section   15   amends  the  Town  Law  to  prohibit  special  district
commissioners from receiving compensation for their services. However,
such commissioners may still receive reimbursement for any actual  and
necessary  expenses  they  incur  in the performance of their official
duties. Under current law, commissioners may receive  compensation  of
up  to $100 for each day spent in the service of the district, as well
as health insurance and other perquisites. This change brings  special
district  commissioners  into conformity with school board members and
fire district  commissioners,  who  are  also  barred  from  receiving
compensation.  Audits by the Nassau County Comptroller have shown that
many special  district  commissioners  currently  receive  significant
salaries and benefits.

Sections 16 and 17 amend the Town Law to address the wide variation in
special  district  sanitation  collection costs. The bill transfers to
town boards most  of  management  responsibilities  for  town  special
districts  providing sanitary, refuse, or garbage services, but allows
elected special district commissioners to continue to  hold  referenda
on whether the level of services provided to district residents should
be  changed.  As  the  Nassau  County Comptroller has documented, some
sanitation districts charge households up to  three  times  more  than
other  districts  providing  substantially the same level of services.
These amendments have the potential  to  improve  the  management  and
reduce the costs of these special districts.

Sections  18 through 25 add a new Article to the General Municipal Law
and amend the Town and Village Law to create a unified merger  process
for  towns and villages as well as a unified petition process for fire
districts and fire protection districts. Specifically, it  allows  for
an  action  by  the  governing  board or a petition from 10 percent of
residents of the jurisdiction to initiate the merger process in  towns
and  villages and the consolidation process in fire districts and fire
protection districts. It also repeals  the  many  different  town  and
village  consolidation  and dissolution processes and creates a single
merger process in a new article of the general municipal law.  In  its
research, the Commission found several instances of confusion over the
merger  processes  and  petitions  being rejected for technical flaws.
These amendments seek to  clarify  and  unify  the  process  to  allow
residents  to  make informed decisions about the merger of their local
governments.

Sections 26 through 28 amend the Town Law to allow  a  town  board  to
convert  the positions of town clerk, town highway superintendent, and
town receiver of taxes and  assessments  from  elected  to  appointed,
subject  to permissive referendum. Under current law, a town board can
convert  these  positions  from  appointed  to  elected,  subject   to
permissive  referendum.  It  also amends town law to allow first class
towns to consolidate the positions  of  town  receiver  of  taxes  and
assessments  and  the  town  clerk.    Under current law, towns of the
second class already have this power.  It also amends the town law  to
allow  a  town  board  to  consolidate  the  positions of public works
commissioner and town highway superintendent,  subject  to  permissive
referendum.   These amendments provide towns additional flexibility in
how their government is structured.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget because it adopts recommendations of the  Commission  on  Local
Government  Efficiency  and  Competitiveness, including proposals with

the potential to create efficiencies and  generate  cost  savings  for
municipalities.

Effective Date:

This  bill  takes effect March 1, 2009, except sections 15 and 16 take
effect on January 1, 2010.

Part OO - Authorize the City of New York to increase certain fees

Purpose:

This bill allows the City of New York to generate  additional  revenue
by increasing certain local fees.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

As part of an effort to address its  projected  outyear  budget  gaps,
this  bill  will  enable  the  City of New York to generate additional
revenue by increasing the amount of certain fees.  Specifically,  this
bill authorizes the City to:

*increase  the  fee  collected by the city clerk to perform a marriage
ceremony from $25 to $40.

*increase the fee collected by the city clerk for issuing  a  marriage
certificate  or a certified copy of a marriage certificate from $10 to
$15.

*provide for a $15 fee to be collected  by  the  city  clerk  for  the
priority handling of a marriage certificate or license.

*increase  the  fee collected by the city clerk for a marriage license
from $25 to $40.

*increase the fee collected by the city clerk to  perform  a  marriage
license search for one year from $5 to $15.

*increase  the  fee  collected  by  the city clerk from $25 to $30 for
filing the oath of office from the commissioner of deeds.

*increase the fee for a birth or death certificate  collected  by  the
city department of health and mental hygiene from $15 to $30.

*provide  for  a  $15  fee  to  be collected by the city department of
health and mental hygiene for the priority  handling  of  a  birth  or
death certificate.

*increase  the fee that the City can impose on owners participating in
the rent stabilization program from $10 to $50  to  cover  the  actual
costs of the program.

Budget Implications:

This bill could generate an additional $40 million annually to support
the operations of the City of New York.

Effective Date:

This  bill takes effect March 1, 2009, except that any rules necessary
for the timely implementation of this act on its effective date may be
promulgated on or before such date.

Part PP -  Authorize  transfers,  temporary  loans  and  miscellaneous
capital/debt provisions, including certain bond caps
Purpose:

This  bill  provides  the  statutory  authorization  necessary for the
administration of funds/accounts included  in  the  2009-10  Executive
Budget  and  proposes  certain  modifications  to  improve the State's
General Fund position within the fiscal year.

Statement in Support, Summary of Provisions, Existing Law,  and  Prior
Legislative History:

Section  1  authorizes  specific  State  funds and accounts to receive
temporary loans during the 2009-10 fiscal year.

Sections 2 through 9 authorize transfers between designated funds  and
accounts.

Section  10  authorizes  the State Comptroller to deposit funds to the
banking services account.

Section 11 authorizes  transfers  between  the  miscellaneous  special
revenue fund patient income account, the miscellaneous special revenue
fund  mental  hygiene  program  fund,  and  the  General  Fund  in any
combination up to $200 million.

Section 12 authorizes the transfer of the unencumbered balance of  any
Special Revenue Fund to the General Fund up to $200 million.

Section 13 amends subdivision 5 of section 97-rrr of State Finance Law
to  allow  the  State  Comptroller  to make deposits in the School Tax
Relief Fund in fiscal year 2009-10.

Section 13-b amends section 11-a of Part RR of Chapter 57 of the  laws
of  2008 to authorize the Power Authority to make contributions to the
General Fund.

Section 14 amends section 41 of Chapter 60 of  the  laws  of  1993  to
authorize  the loan of moneys from the Contingency Reserve Fund to the
General Fund and requires  repayment  within  the  same  fiscal  year,
consistent   with  the  provisions  governing  the  Tax  Stabilization
Reserve.

Section 15 amends section 92-cc of State Finance Law to authorize  the
loan  of  moneys  from  the  Rainy  Day  Fund  to the General Fund and
requires repayment within the same fiscal year,  consistent  with  the
provisions governing the Tax Stabilization Reserve.

Section  16  amends subdivision 5 of section 4 of State Finance Law to
authorize the General Fund, similar to many other funds and  accounts,
to  receive a temporary loan, for cash-flow purposes, but subject to a
stricter repayment timetable.  The loan must be repaid in full  within
four  months  of  its  origination  or  by the end of the fiscal year,
whichever comes sooner.

Section 17 repeals subdivisions (b) of section 1 of part MM of chapter
59 of the laws  of  2008  relating  to  deposits  into  the  Community
Projects Fund.

Section  18 repeals subdivision (a) of section 2 of part MM of chapter
59 of the laws  of  2008  relating  to  deposits  into  the  Community
Projects Fund.

Section 19 omitted

Section  20  repeals section 3 of part MM of chapter 59 of the laws of
2008 relating to deposits into the Community Projects Fund.

Section 20 authorizes reimbursement  to  the  General  Fund  from  the
Correctional  Facilities Capital Improvement Fund for costs related to
capital projects.

Sections  21  through  32  authorize  the State Comptroller to deposit
reimbursements   for   certain   capital   spending   from    multiple
appropriations  contained  in  various  chapters  of  the laws of 1999
through 2009 into various funds including the Capital Projects Fund.

Section 33 continues the authorization  to  use  excess  debt  service
appropriation  for Mental Hygiene facilities to make rebates necessary
to protect the tax-exempt status of the bonds.

Section 34 continues authorizations for  disbursements  for  hazardous
waste site remediation projects.

Section  35  amends  section 69-c of State Finance Law to add that any
variable rate bonds that are converted or refunded  to  a  fixed  rate
shall be assumed to generate a present value savings.

Sections  36  through  49 update maximum bonding authorization amounts
across several areas.

Section 50 through 51 amends State Finance Law  to  allow  any  public
authority  that  is  authorized  to  issue  Personal  Income Tax (PIT)
Revenue  Bonds  to  issue  debt  for  any  other  public  authorities'
authorized  purposes  for  this  program,  subject  to existing Public
Authorities Control Board (PACB) approval requirements. This provision
is needed now, more than ever, in response to  recent  crises  in  the
financial markets that have limited access to the capital markets, and
to prevent potential negative impacts to the Financial Plan related to
reimbursing bond-financed capital projects spending.  In addition this
bill  amends  the  related  capital reimbursement provisions to permit
issuer   flexibility   without   disrupting   the   existing   capital
responsibility of authorities.

Sections  53  through  55 amend law to state that the State's right to
require redemption of bonds shall not apply  to  state-supported  debt
and  that  these  bonds  will  remain subject to redemption provisions
pursuant to any contract with the holders of such bonds.

Section 56 adds a new provision of law to authorize transfers from the
Health Care Reform Act (HCRA) to the General Debt Service Fund to  pay
for related debt service costs.

Section  57  makes  the  act effective immediately with full force and
effect as of March 1, 2009.

This bill is  necessary  to  execute  a  balanced  Financial  Plan  in
accordance  with  the  2009-  10 Executive Budget. Such legislation is
enacted annually to authorize the transfer of funds  budgeted  in  the
financial plan but that do not have permanent statutory authorization,
as  well  as to provide for other transactions necessary to maintain a
balanced financial plan.

In addition, State Finance Law requires  statutory  authorization  for
funds/accounts  to  receive  temporary  loans from the State Treasury.
Similar provisions were enacted to implement the  2008-09  Budget  and
need to be extended to implement the 2009-10 Budget.

Budget Implications:

Enactment of this bill is necessary to implement the 2009-10 Executive
Budget. Such legislation is enacted annually to authorize the transfer
of funds budgeted in the financial plan but that do not have permanent
statutory authorization, as well as to provide for other transactions,
including  temporary  loans  from  the  State  Treasury  for cash flow
purposes. This bill is also necessary to reimburse  projected  Capital
Projects  Funds  spending  with  the  proceeds of bonds sold by public
authorities,  to  maximize  debt  service savings from State-supported
refundings, to ensure the  continued  tax-exempt  status  and  reduced
borrowing  costs  for  certain State-supported debt, and to permit the
State to carry out basic administrative functions.

Effective Date:

This bill takes effect on March 1, 2009.

The provision of this act shall  take  effect  immediately,  provided,
however,  that  the applicable effective date of each part of this act
shall be as specifically set forth in the last section of  such  part.
1

1

2009-S56 - Bill Text download pdf

2009-S56B (ACTIVE) - Details

See Assembly Version of this Bill:: A156
Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

2009-S56B (ACTIVE) - Summary

2009-S56B (ACTIVE) - Bill Text download pdf

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

    S. 56--B                                               A. 156--B

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

                               (PREFILED)

                             January 7, 2009
                               ___________

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

AN ACT to amend the state finance law, in relation to expanding the  use
  of  funds  deposited in the criminal justice improvement account (Part
  A); to amend the tax law, in relation to imposing a state public safe-
  ty communications surcharge, and clarifying the distribution of reven-
  ue from the surcharge; and to repeal section 309  of  the  county  law
  relating  to the state wireless communications service surcharge (Part
  B); Intentionally omitted (Part C); Intentionally omitted (Part D); to
  amend the executive law, in relation to crime victims compensation  to
  sexual  assault survivors (Part E); Intentionally omitted (Part F); to
  amend the executive law, in relation to imposing fees for the  certif-
  ication  and  certification  renewal of security guard instructors and
  training schools (Part G); to amend the correction law, in relation to
  limiting the closings of certain  correctional  facilities,  providing
  for  the custody by the department of correctional services of inmates
  serving definite sentences and providing for custody of federal  pris-
  oners;  requiring  the closing of certain correctional facilities; and
  providing for the repeal of certain provisions upon expiration thereof
  (Part H); Intentionally omitted (Part I); to amend the  executive  law
  and the penal law, in relation to the eligibility criteria for medical
  parole (Part J); to amend the correction law, in relation to authoriz-
  ing the sale of food products to charitable organizations (Part K); to
  amend the correction law, in relation to expanding eligibility for the
  shock  incarceration  program and to permitting time credit allowances

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12370-03-9

S. 56--B                            2                          A. 156--B

  for certain inmates (Part L); to  amend  the  executive  law  and  the
  correction law, in relation to eliminating reimbursement to localities
  for  housing technical parole violators and state ready inmates except
  in  situations where the department of correctional services is unable
  to provide a general confinement  bed  within  ten  business  days  of
  notification;  and  to repeal certain provisions of such laws relating
  thereto (Part M); to amend the executive law, in relation to  support-
  ing  the  use of graduated sanctions for parole violators and allowing
  parole board members to use a risk and needs assessment instrument  in
  making  their  release  determinations (Part N); to amend the criminal
  procedure law, in relation to permitting a term of  interim  probation
  to  be  credited  against a subsequent sentence of probation (Part O);
  Intentionally omitted (Part P); to amend the correction  law  and  the
  executive  law,  in relation to providing that the state commission of
  correction is not mandated to have oversight over  facilities  accred-
  ited   with  the  American  Correctional  Association;  to  amend  the
  correction law, in relation to providing county jails with options  to
  reduce  their operating costs; and to repeal certain provisions of the
  correction law relating thereto (Part Q); to amend the executive  law,
  in  relation  to  increasing  the fee paid by nuclear power generating
  plant operators in support of state and local  radiological  emergency
  preparedness  requirements;  and  to repeal certain provisions of such
  law relating thereto (Part R);  Intentionally  omitted  (Part  S);  to
  amend the insurance law, in relation to the motor vehicle law enforce-
  ment  fee;  to  amend  the state finance law, in relation to the motor
  vehicle theft and insurance fund and the state  police  motor  vehicle
  law  enforcement  account;  to amend the executive law, in relation to
  making permanent the applicability of the plan of operation and  grant
  award   process  of  the  motor  vehicle  theft  and  insurance  fraud
  prevention demonstration program; to amend chapter 62 of the  laws  of
  2003,  amending  the  insurance  law  and other laws relating to motor
  vehicle law enforcement fees, to amend chapter 56 of the laws of 2004,
  amending the insurance law and the state finance law relating to motor
  vehicle law enforcement fees and chapter  57  of  the  laws  of  2000,
  amending  the  state  finance  law  relating to a report on automobile
  theft prevention activities of the state police, in relation to making
  certain provisions permanent; to  repeal  certain  provisions  of  the
  insurance  law,  relating  to  providing  funding to the motor vehicle
  theft and insurance fraud and prevention fund; and to repeal  subdivi-
  sion  (bbb)  of section 427 of chapter 55 of the laws of 1992 amending
  the tax law generally and enacting the omnibus  revenue  act  of  1992
  relating  to  taxes,  surcharges, fees and funding, relating to making
  the motor vehicle theft and insurance fraud prevention fund  permanent
  (Part  T);  to  amend  chapter  887  of the laws of 1983, amending the
  correction law relating to the psychological testing of candidates, in
  relation to extending the expiration of such chapter; to amend chapter
  428 of the laws of 1999, amending the executive law and  the  criminal
  procedure  law relating to expanding the geographic area of employment
  of certain police officers, in relation to extending the expiration of
  such chapter; to amend chapter 886 of the laws of 1972,  amending  the
  correction  law  and  the  penal law relating to prisoner furloughs in
  certain cases and the crime of absconding therefrom,  in  relation  to
  extending  the expiration of such chapter; to amend chapter 261 of the
  laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the
  correction law, the penal law and other chapters and laws relating  to
  correctional  facilities,  in  relation to extending the expiration of

S. 56--B                            3                          A. 156--B

  such chapter; to amend chapter 55 of the laws of  1992,  amending  the
  tax  law  and other laws relating to taxes, surcharges, fees and fund-
  ing, in relation to extending the expiration of certain provisions  of
  such  chapter;  to amend chapter 339 of the laws of 1972, amending the
  correction law and the penal law  relating  to  inmate  work  release,
  furlough  and  leave,  in relation to extending the expiration of such
  chapter; to amend chapter 60 of the laws of 1994 relating  to  certain
  provisions  which  impact  upon  expenditure of certain appropriations
  made by chapter 50 of the laws of 1994 enacting the  state  operations
  budget,  in relation to extending the expiration of certain provisions
  of such chapter; to amend chapter 554 of the laws  of  1986,  amending
  the  correction law and the penal law relating to providing for commu-
  nity treatment facilities and establishing  the  crime  of  absconding
  from  the  community  treatment facility, in relation to extending the
  expiration of such chapter; to amend chapter 3 of the  laws  of  1995,
  amending  the correction law and other laws relating to the incarcera-
  tion  fee,  in  relation  to  extending  the  expiration  of   certain
  provisions  of such chapter; to amend chapter 907 of the laws of 1984,
  amending the correction law, the New York city criminal court act  and
  the executive law relating to prison and jail housing and alternatives
  to  detention and incarceration programs, in relation to extending the
  expiration of certain provisions of such chapter; to amend chapter 166
  of the laws of 1991, amending the tax law and other laws  relating  to
  taxes,  in  relation to extending the expiration of certain provisions
  of such chapter; to amend the vehicle and traffic law, in relation  to
  extending the expiration of the mandatory surcharge and victim assist-
  ance fee; to amend chapter 713 of the laws of 1988, amending the vehi-
  cle and traffic law relating to the ignition interlock device program,
  in  relation to extending the expiration thereof; to amend chapter 435
  of the laws of 1997, amending the military law and other laws relating
  to various provisions, in relation to extending the expiration date of
  the merit provisions of the correction law and the penal law  of  such
  chapter;  to amend chapter 412 of the laws of 1999, amending the civil
  practice law and rules and the court of claims act relating to prison-
  er litigation reform, in relation to extending the expiration  of  the
  inmate  filing  fee provisions of the civil practice law and rules and
  general filing fee provision and  inmate  property  claims  exhaustion
  requirement of the court of claims act of such chapter; to amend chap-
  ter  222  of  the  laws of 1994 constituting the family protection and
  domestic violence intervention act of 1994, in relation  to  extending
  the  expiration  of  certain  provisions of the criminal procedure law
  requiring the arrest of certain persons engaged in family violence; to
  amend chapter 505 of the laws of 1985, amending the criminal procedure
  law relating to the use of closed-circuit television and other protec-
  tive measures for certain child witnesses, in  relation  to  extending
  the  expiration of the provisions thereof; to amend chapter 688 of the
  laws of 2003, amending the executive  law  relating  to  enacting  the
  interstate  compact  for  adult  offender  supervision, in relation to
  extending the expiration of certain provisions  of  such  chapter;  to
  amend  chapter  3  of the laws of 1995, enacting the sentencing reform
  act of 1995, in  relation  to  extending  the  expiration  of  certain
  provisions  of  such chapter; to amend chapter 689 of the laws of 1993
  amending the criminal  procedure  law  relating  to  electronic  court
  appearance in certain counties, in relation to extending the effective
  date  thereof; and to repeal subdivision (r) of section 427 of chapter
  55 of the laws of 1992 amending the tax law and other laws relating to

S. 56--B                            4                          A. 156--B

  taxes (Part U); Intentionally omitted (Part V); Intentionally  omitted
  (Part  W); Intentionally omitted (Part X); Intentionally omitted (Part
  Y); Intentionally omitted (Part Z); Intentionally omitted  (Part  AA);
  Intentionally  omitted  (Part  BB);  Intentionally  omitted (Part CC);
  Intentionally omitted (Part  DD);  Intentionally  omitted  (Part  EE);
  Intentionally  omitted  (Part  FF); to amend the state finance law, in
  relation to aid and incentives for municipalities  (Part  GG);  Inten-
  tionally  omitted (Part HH); to amend chapter 540 of the laws of 1992,
  amending the real property tax law relating to oil and gas charges, in
  relation to the effective date of such chapter (Part II); to amend the
  real property law and the state  finance  law,  in  relation  to  when
  conveyances of real property are not to be recorded and the fees asso-
  ciated  with such   conveyances and where such fees shall be deposited
  (Part JJ); to amend the  state  finance  law,  in  relation  to  state
  assistance  to  cities and municipalities where a video lottery gaming
  facility is located (Part KK); Intentionally omitted (Part LL); Inten-
  tionally omitted (Part MM); Intentionally omitted  (Part  NN);  Inten-
  tionally  omitted  (Part  OO);  to  provide  for the administration of
  certain funds and accounts related to the 2009-2010 budget; to author-
  ize certain payments and transfers; to amend the state finance law, in
  relation to the school tax relief fund; to amend  chapter  57  of  the
  laws  of  2008  providing  for the administration of certain funds and
  accounts related to the 2008-2009 budget, in relation  to  the  effec-
  tiveness  of  certain  provisions  thereof; to amend chapter 60 of the
  laws of 1993, amending the  public  authorities  law  and  other  laws
  relating  to  the  bonding  authority  of the environmental facilities
  corporation, and the state finance law, in relation to the  rainy  day
  reserve fund; to amend the state finance law, in relation to temporary
  loans  of  money  or other financial resources to the general fund; to
  amend chapter 57 of the laws of 2007, relating  to  the  provision  of
  funding  of certain community projects; and to amend chapter 59 of the
  laws of 2008, amending chapter 57 of the laws of 2007, providing fund-
  ing of certain community projects, in  relation  to  reducing  funding
  therefor;  to  direct  the comptroller to transfer and deposit certain
  moneys; to amend the public authorities law, in relation to  including
  drug courts within the courthouse facilities eligible for funding from
  the  dormitory  authority  and urban development corporation; to amend
  the New York state medical care  facilities  finance  agency  act,  in
  relation  to  increasing  the bonding limits of such agency for mental
  health facilities; to amend the state  finance  law,  in  relation  to
  variable  rate bonds; to amend the public authorities law, in relation
  to the issuance of bonds by the dormitory authority and the  New  York
  state environmental facilities corporation; to amend chapter 61 of the
  laws  of  2005,  providing for the administration of certain funds and
  accounts related to the 2005-2006 budget, in relation to  issuance  of
  bonds by the urban development corporation; to amend chapter 81 of the
  laws  of  2002,  providing for the administration of certain funds and
  accounts related to the 2002-2003 budget, in relation to the  issuance
  of  bonds  by  the  urban  development corporation; to amend the state
  finance law, in relation to issuance of certificates of participation;
  to amend chapter 389 of the laws of 1997, providing for the  financing
  of the correctional facilities improvement fund and the youth improve-
  ment  fund,  in  relation to issuance of debt by the urban development
  corporation; to amend the private housing finance law, in relation  to
  housing  program  bonds  and  notes; to amend the New York state urban
  development corporation  act,  in  relation  to  economic  development

S. 56--B                            5                          A. 156--B

  initiatives  and  the state's right to require redemption of bonds; to
  amend chapter 329 of the laws of 1991, amending the state finance  law
  and  other laws relating to the establishment of the dedicated highway
  and  bridge  trust  fund, in relation to reducing funding therefor; to
  amend the state finance law, in relation to the  issuance  of  revenue
  bonds; to amend the private housing finance law and the public author-
  ities  law,  in relation to the state's right to require redemption of
  bonds; to amend the state finance law, in relation to  state-supported
  debt;  to repeal certain provisions of chapter 59 of the laws of 2008,
  amending chapter 57 of the laws of 2007, providing funding for certain
  community projects, relating to increasing such funding,  relating  to
  transfers of moneys for such projects; to amend the state finance law,
  in  relation to mental health service facilities financing and provid-
  ing for the repeal of certain provisions upon the  expiration  thereof
  (Part  PP);  to  amend  the  workers' compensation law, in relation to
  disability payments (Part QQ); to amend chapter 152  of  the  laws  of
  2001  amending  the  military  law  relating  to military funds of the
  organized militia, in relation to extending the effectiveness of  such
  provisions  (Part  RR); to amend the correction law, the executive law
  and the penal law, in relation to release and supervision  of  persons
  serving  a definite sentence (Part SS); to amend the vehicle and traf-
  fic law, in relation to court appearances and warrants of arrest (Part
  TT); to amend the correction law, in relation to a pilot  project  for
  filing  medical  assistance  applications  for  inmates prior to their
  release; and providing for the repeal  of  such  provisions  upon  the
  expiration  thereof (Part UU); to amend the education law, in relation
  to loan forgiveness for indigent legal services attorney (Part VV); to
  amend the alcoholic beverage control law, in relation to requiring the
  state liquor authority to improve  its  information  technology  (Part
  WW);  to  amend chapter 141 of the laws of 1994, amending the legisla-
  tive law and the state finance  law  relating  to  the  operation  and
  administration  of  the  legislature,  in  relation  to extending such
  provisions; and to amend the legislative law, in relation  to  members
  serving  in  special capacity (Part XX); to require public authorities
  receiving funding under the American recovery and reinvestment act  of
  2009 to submit expenditure plans (Part YY); to direct the chief admin-
  istrator  of  the courts to promulgate rules relating to caseloads for
  attorneys representing indigent clients in criminal matters in  cities
  of  one million or more (Part ZZ); and to amend the criminal procedure
  law and the penal law, in relation to sentences  of  imprisonment;  to
  amend  the  criminal  procedure  law,  in relation to establishing the
  judicial diversion program for  certain felony offenders; to amend the
  penal law and the criminal procedure law, in relation to operating  as
  a  major  trafficker;  to amend the penal law, in relation to criminal
  sale of a controlled substance to  a  child;  to  amend  the  criminal
  procedure  law, in relation to interim probation supervision; to amend
  the penal law, in relation to shock  incarceration  participation;  to
  amend  the  mental hygiene law, in relation to directing the office of
  alcoholism and substance abuse services to monitor the care and treat-
  ment of certain inmates; to amend the judiciary law,  in  relation  to
  the  diversion  of  cases; to amend the correction law, in relation to
  judicially sentenced shock incarceration inmates;  and  to  amend  the
  executive law, in relation to parole; and to repeal certain provisions
  of the criminal procedure law relating thereto (Part AAA)

S. 56--B                            6                          A. 156--B

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

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2009-2010
state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as  Parts A through AAA. The effective date for each partic-
ular provision contained within such Part  is  set  forth  in  the  last
section  of  such  Part. Any provision in any section contained within a
Part, including the effective date of the Part, which makes a  reference
to a section "of this act", when used in connection with that particular
component,  shall  be  deemed  to  mean  and  refer to the corresponding
section of the Part in which it is found. Section three of this act sets
forth the general effective date of this act.

                                 PART A

  Section 1. Subdivision 3 of section 97-bb of the state finance law, as
added by chapter 309 of the laws of 1996, is amended to read as follows:
  3. Monies of  the  criminal  justice  improvement  account,  following
appropriation  by  the legislature and allocation by the director of the
budget shall  be  made  available  for  local  assistance  services  and
expenses of programs to provide services to crime victims and witnesses,
INCLUDING  OPERATIONS  OF  THE  CRIME VICTIMS BOARD, and for payments to
victims in accordance with the federal crime control  act  of  1984,  as
administered pursuant to article twenty-two of the executive law.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2009.

                                 PART B

  Section 1. Section 309 of the county law is REPEALED.
  S 2. Subdivision 8 of section 186-e of the tax law, as added by  chap-
ter 2 of the laws of 1995, is amended to read as follows:
  8. Enhanced emergency telephone system surcharge fee AND PUBLIC SAFETY
COMMUNICATIONS  SURCHARGE. Notwithstanding any other provision contained
in this chapter or any other law, any surcharge collected or any  admin-
istrative  fee  retained  by  any provider of telecommunication services
acting as collection agent for a municipality pursuant to the provisions
of article six of the county law [shall] OR ACTING AS A COLLECTION AGENT
FOR THE STATE PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED  EIGHTY-
SIX-F  OF  THIS  ARTICLE  WILL not be considered as, nor included in the
determination of gross receipts of the provider.
  S 3. The tax law is amended by adding a new section 186-f to  read  as
follows:
  S  186-F.  PUBLIC SAFETY COMMUNICATIONS SURCHARGE. 1. DEFINITIONS.  AS
USED IN THIS SECTION,  WHERE  NOT  OTHERWISE  SPECIFICALLY  DEFINED  AND
UNLESS A DIFFERENT MEANING IS CLEARLY REQUIRED:
  (A)  "PLACE  OF  PRIMARY  USE"  HAS  THE  SAME MEANING AS THAT TERM IS
DEFINED IN PARAGRAPH TWENTY-SIX OF SUBDIVISION  (B)  OF  SECTION  ELEVEN
HUNDRED ONE OF THIS CHAPTER.
  (B) "WIRELESS COMMUNICATIONS CUSTOMER" MEANS MOBILE TELECOMMUNICATIONS
CUSTOMER  AS  DEFINED  IN  SUBPARAGRAPH (I) OF PARAGRAPH TWENTY-SEVEN OF
SUBDIVISION (B) OF SECTION ELEVEN  HUNDRED  ONE  OF  THIS  CHAPTER,  WHO
CONTRACTS FOR OR IS THE END USER OF WIRELESS COMMUNICATIONS SERVICE.

S. 56--B                            7                          A. 156--B

  (C)  "WIRELESS  COMMUNICATIONS  DEVICE"  MEANS  ANY  EQUIPMENT USED TO
ACCESS A WIRELESS COMMUNICATIONS SERVICE.
  (D)  "WIRELESS  COMMUNICATIONS  SERVICE"  MEANS  ALL COMMERCIAL MOBILE
SERVICES, AS THAT TERM IS DEFINED IN SECTION 332(D) OF TITLE 47  OF  THE
UNITED  STATES  CODE,  AS  AMENDED FROM TIME TO TIME, INCLUDING, BUT NOT
LIMITED TO, ALL BROADBAND  PERSONAL  COMMUNICATIONS  SERVICES,  WIRELESS
RADIO  TELEPHONE  SERVICES,  GEOGRAPHIC  AREA  SPECIALIZED  AND ENHANCED
SPECIALIZED MOBILE RADIO SERVICES, AND INCUMBENT-WIDE  AREA  SPECIALIZED
MOBILE  RADIO  LICENSEES,  WHICH  OFFER REAL TIME, TWO-WAY VOICE OR DATA
SERVICE THAT  IS  INTERCONNECTED  WITH  THE  PUBLIC  SWITCHED  TELEPHONE
NETWORK   OR  OTHERWISE  PROVIDES  ACCESS  TO  EMERGENCY  COMMUNICATIONS
SERVICES.
  (E) "WIRELESS COMMUNICATIONS SERVICE SUPPLIER" MEANS  A  HOME  SERVICE
PROVIDER  AS  DEFINED  IN SUBPARAGRAPH (II) OF PARAGRAPH TWENTY-SEVEN OF
SUBDIVISION (B) OF SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER,  PROVIDED
THAT  THE HOME SERVICE PROVIDER PROVIDES WIRELESS COMMUNICATIONS SERVICE
AND HAS ONE OR MORE WIRELESS COMMUNICATIONS CUSTOMERS IN NEW YORK STATE.
  2. PUBLIC SAFETY COMMUNICATIONS SURCHARGE. (A) A SURCHARGE ON WIRELESS
COMMUNICATIONS SERVICE PROVIDED TO A  WIRELESS  COMMUNICATIONS  CUSTOMER
WITH  A PLACE OF PRIMARY USE IN THIS STATE IS IMPOSED AT THE RATE OF ONE
DOLLAR AND TWENTY CENTS PER MONTH ON EACH WIRELESS COMMUNICATIONS DEVICE
IN SERVICE DURING  ANY  PART  OF  EACH  MONTH.  THE  SURCHARGE  MUST  BE
REFLECTED  AND  MADE  PAYABLE ON BILLS RENDERED TO THE WIRELESS COMMUNI-
CATIONS CUSTOMER FOR WIRELESS COMMUNICATION SERVICE.
  (B) EACH WIRELESS COMMUNICATIONS SERVICE SUPPLIER  PROVIDING  WIRELESS
COMMUNICATIONS  SERVICE IN NEW YORK STATE MUST ACT AS A COLLECTION AGENT
FOR THE STATE FOR THE COLLECTION OF THE SURCHARGE. THE WIRELESS COMMUNI-
CATIONS  SERVICE  SUPPLIER  HAS  NO  LEGAL  OBLIGATION  TO  ENFORCE  THE
COLLECTION  OF  THE SURCHARGE FROM ITS CUSTOMERS. HOWEVER, EACH WIRELESS
COMMUNICATIONS SERVICE SUPPLIER MUST COLLECT AND  RETAIN  THE  NAME  AND
ADDRESS  OF ANY WIRELESS COMMUNICATIONS CUSTOMER WITH A PLACE OF PRIMARY
USE IN THIS STATE THAT REFUSES OR FAILS TO PAY THE SURCHARGE, AS WELL AS
THE CUMULATIVE AMOUNT  OF  THE  SURCHARGE  REMAINING  UNPAID,  AND  MUST
PROVIDE  THIS  INFORMATION TO THE COMMISSIONER AT THE TIME AND ACCORDING
TO THE PROCEDURES THE COMMISSIONER MAY PROVIDE. THE  SURCHARGE  MUST  BE
REPORTED  AND PAID TO THE COMMISSIONER ON A QUARTERLY BASIS ON OR BEFORE
THE FIFTEENTH DAY OF THE MONTH FOLLOWING EACH QUARTERLY PERIOD ENDING ON
THE LAST DAY OF FEBRUARY, MAY, AUGUST AND  NOVEMBER,  RESPECTIVELY.  THE
PAYMENTS  MUST BE ACCOMPANIED BY A RETURN IN THE FORM AND CONTAINING THE
INFORMATION THE COMMISSIONER MAY PRESCRIBE.
  (C) THE SURCHARGE MUST BE ADDED AS  A  SEPARATE  LINE  ITEM  TO  BILLS
FURNISHED  BY  A WIRELESS COMMUNICATIONS SERVICE SUPPLIER TO ITS CUSTOM-
ERS, AND  MUST  BE  IDENTIFIED  AS  THE  "PUBLIC  SAFETY  COMMUNICATIONS
SURCHARGE".  EACH WIRELESS COMMUNICATIONS CUSTOMER WHO IS SUBJECT TO THE
PROVISIONS OF THIS SECTION REMAINS LIABLE TO THE STATE FOR THE SURCHARGE
DUE UNDER THIS SECTION UNTIL IT HAS BEEN PAID TO THE STATE, EXCEPT  THAT
PAYMENT  TO  A WIRELESS COMMUNICATIONS SERVICE SUPPLIER IS SUFFICIENT TO
RELIEVE THE CUSTOMER FROM FURTHER LIABILITY FOR THE SURCHARGE.
  (D) EACH WIRELESS  COMMUNICATIONS  SERVICE  SUPPLIER  IS  ENTITLED  TO
RETAIN,  AS  AN  ADMINISTRATIVE  FEE,  AN AMOUNT EQUAL TO TWO PERCENT OF
FIFTY-EIGHT AND THREE-TENTHS PERCENT OF THE  TOTAL  COLLECTIONS  OF  THE
SURCHARGE  IMPOSED BY THIS SECTION, PROVIDED THAT THE SUPPLIER FILES ANY
REQUIRED RETURN AND REMITS THE SURCHARGE DUE TO THE COMMISSIONER  ON  OR
BEFORE ITS DUE DATE.
  3.  APPLICABILITY  OF  ARTICLE  TWENTY-SEVEN.  FOR PURPOSES OF ARTICLE
TWENTY-SEVEN OF THIS CHAPTER AS APPLIED TO THIS SECTION BY  SECTION  TWO

S. 56--B                            8                          A. 156--B

HUNDRED  SEVEN-B OF THIS ARTICLE, THE TERM "TAXPAYER" IN ARTICLE TWENTY-
SEVEN REFERS TO A WIRELESS COMMUNICATIONS SERVICE  SUPPLIER  SUBJECT  TO
THIS  SECTION  OR  A  WIRELESS  COMMUNICATIONS  CUSTOMER SUBJECT TO THIS
SECTION,  AS THE CASE MAY BE, AND THE TERM "TAX" IN ARTICLE TWENTY-SEVEN
REFERS TO THE SURCHARGE IMPOSED BY THIS SECTION.
  4. EXEMPTIONS. THE STATE OF NEW YORK AND ANY OF ITS AGENCIES,  INSTRU-
MENTALITIES  AND  POLITICAL  SUBDIVISIONS  ARE EXEMPT FROM THE SURCHARGE
IMPOSED BY THIS SECTION.
  5. DEPOSITS OF SURCHARGE MONIES COLLECTED AND RECEIVED.  NOTWITHSTAND-
ING ANY PROVISION OF LAW TO THE CONTRARY, ALL SURCHARGE MONIES COLLECTED
AND  RECEIVED  BY  THE COMMISSIONER UNDER THIS SECTION MUST BE DEPOSITED
DAILY TO THE CREDIT OF THE COMPTROLLER  WITH  THOSE  RESPONSIBLE  BANKS,
BANKING  HOUSES  OR TRUST COMPANIES THE COMPTROLLER MAY DESIGNATE. THOSE
DEPOSITS MUST BE KEPT SEPARATE AND APART FROM ALL OTHER  MONIES  IN  THE
POSSESSION  OF  THE  COMPTROLLER.  THE COMPTROLLER MUST REQUIRE ADEQUATE
SECURITY FROM ALL SUCH DEPOSITORIES. OF THE TOTAL REVENUE  COLLECTED  OR
RECEIVED  UNDER  THIS  SECTION, THE COMPTROLLER MUST RETAIN IN THE COMP-
TROLLER'S HANDS AN AMOUNT DETERMINED BY THE COMMISSIONER TO BE NECESSARY
FOR REFUNDS UNDER THIS SECTION, OUT OF WHICH THE  COMPTROLLER  WILL  PAY
ANY REFUNDS TO WHICH TAXPAYERS ARE ENTITLED UNDER THE PROVISIONS OF THIS
SECTION.  THE  COMPTROLLER,  AFTER  RESERVING THE AMOUNT TO PAY REFUNDS,
MUST, ON OR BEFORE THE TENTH DAY OF EACH MONTH, PAY ALL SURCHARGE MONIES
COLLECTED AND RECEIVED UNDER THIS SECTION AND  REMAINING  TO  THE  COMP-
TROLLER'S CREDIT AS FOLLOWS:
  (A)  FORTY-ONE AND SEVEN-TENTHS OF THE REVENUES COLLECTED AND RECEIVED
UNDER THIS SECTION INTO THE STATE GENERAL FUND; AND
  (B) AFTER DEDUCTING THE AMOUNT PAID UNDER PARAGRAPH (A) OF THIS SUBDI-
VISION AND THE AMOUNT  RETAINED  BY  WIRELESS  COMMUNICATIONS  SUPPLIERS
PURSUANT  TO  PARAGRAPH  (D)  OF  SUBDIVISION  TWO  OF THIS SECTION, THE
BALANCE OF THE REVENUES COLLECTED UNDER THIS SECTION INTO THE  NEW  YORK
STATE  WIRELESS TELEPHONE EMERGENCY SERVICE ACCOUNT OF THE MISCELLANEOUS
SPECIAL REVENUE FUND, CREATED PURSUANT TO SECTION NINETY-SEVEN-QQ OF THE
STATE FINANCE LAW.
  6. DISTRIBUTION. THE MONIES COLLECTED FROM THE  SURCHARGE  IMPOSED  BY
THIS SECTION MUST BE DISTRIBUTED TO INCLUDE THE FOLLOWING:
  (A)  THE SUM OF TWENTY-FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS MUST
BE ALLOCATED TO THE STATE POLICE PURSUANT TO APPROPRIATION BY THE LEGIS-
LATURE ANNUALLY;
  (B) THE SUM OF ONE MILLION  FIVE  HUNDRED  THOUSAND  DOLLARS  MUST  BE
DEPOSITED INTO THE NEW YORK STATE EMERGENCY SERVICES REVOLVING LOAN FUND
ANNUALLY;
  (C) TO FUND COSTS ASSOCIATED WITH THE DESIGN, CONSTRUCTION, AND OPERA-
TION  OF  THE  STATEWIDE WIRELESS NETWORK ANNUALLY PURSUANT TO APPROPRI-
ATION BY THE LEGISLATURE;
  (D) NOT LESS THAN THE SUM OF TEN  MILLION  DOLLARS  ANNUALLY  MUST  BE
DISBURSED  PURSUANT  TO ARTICLE SIX-A OF THE COUNTY LAW AND APPROPRIATED
BY THE LEGISLATURE; AND
  (E) TO PROVIDE THE COSTS OF DEBT SERVICE FOR BONDS AND NOTES ISSUED TO
FINANCE EXPEDITED DEPLOYMENT  FUNDING  PURSUANT  TO  THE  PROVISIONS  OF
SECTION THREE HUNDRED THIRTY-THREE OF THE COUNTY LAW AND SECTION SIXTEEN
HUNDRED EIGHTY-NINE-H OF THE PUBLIC AUTHORITIES LAW.
  S  4.  This  act  shall  take effect on the first day of the quarterly
period, as described in paragraph (b) of subdivision 2 of section  186-f
of  the  tax law, as added by section three of this act, next commencing
at least 120 days after this act becomes a law.

S. 56--B                            9                          A. 156--B

                                 PART C

  Intentionally omitted.

                                 PART D

  Intentionally omitted.

                                 PART E

  Section  1.  Subdivision  13  of  section 631 of the executive law, as
added by chapter 264 of the laws of 2003, is amended to read as follows:
  13. Notwithstanding any other provision of law, rule, or regulation to
the contrary, when any New York state  accredited  hospital,  accredited
sexual  assault  examiner  program,  or  licensed  health  care provider
furnishes services to any sexual assault  survivor,  including  but  not
limited to a health care forensic examination in accordance with the sex
offense  evidence  collection  protocol and standards established by the
department of health, such hospital, sexual assault examiner program, or
licensed healthcare provider shall provide such services to  the  person
without  charge and shall bill the board directly. The board, in consul-
tation with the department of health, shall define the specific services
to be covered by the sexual assault  forensic  exam  reimbursement  fee,
which  must include at a minimum forensic examiner services, hospital or
healthcare facility services related to the exam, and related laboratory
tests and pharmaceuticals. Follow-up HIV post-exposure prophylaxis costs
shall continue to be reimbursed according to  established  board  proce-
dure.  The  board,  in consultation with the department of health, shall
also generate  the  necessary  regulations  and  forms  for  the  direct
reimbursement  procedure. The rate for reimbursement shall be THE AMOUNT
OF ITEMIZED CHARGES NOT EXCEEDING eight hundred dollars, to be  reviewed
and  adjusted  annually by the board in consultation with the department
of health. The hospital, sexual assault examiner  program,  or  licensed
health  care  provider must accept this fee as payment in full for these
specified services. No additional  billing  of  the  survivor  for  said
services  is  permissible.  A  sexual  assault  survivor may voluntarily
assign any private insurance benefits to which she or he is entitled for
the healthcare forensic examination,  in  which  case  the  hospital  or
healthcare provider may not charge the board. A hospital, sexual assault
examiner  program or licensed health care provider shall, at the time of
the initial visit, request assignment of any  private  health  insurance
benefits  to  which  the  sexual  assault survivor is entitled on a form
prescribed by the board; provided, however, such sexual assault survivor
shall be advised orally and in writing that he or  she  may  decline  to
provide  such information regarding private health insurance benefits if
he or she believes that the provision of such information would substan-
tially interfere with his or her personal privacy or safety and in  such
event,  the sexual assault forensic exam fee shall be paid by the board.
Such sexual assault survivor shall also be advised that  providing  such
information  may  provide  additional  resources  to pay for services to
other sexual assault victims. If he or  she  declines  to  provide  such
health  insurance information, he or she shall indicate such decision on
the form provided by the hospital, sexual assault  examiner  program  or
licensed  health  care  provider,  which form shall be prescribed by the
board.

S. 56--B                           10                          A. 156--B

  S 2. This act shall take effect immediately, and shall  apply  to  all
exams conducted on and after such date.

                                 PART F

  Intentionally omitted.

                                 PART G

  Section  1.  Subdivision  8-b  of section 837 of the executive law, as
amended by chapter 309 of the laws  of  1996,  is  amended  to  read  as
follows:
  8-b.  Notwithstanding  any  other  provision  of  law to the contrary,
charge a fee for the provision of  agency  materials  and  publications,
conferences,  criminal  history  record  reviews,  legal  services,  the
provision of services to analyze or prepare data that is not prepared in
the ordinary course of business,  the  provision  of  information  in  a
computerized format, THE APPLICATION FOR APPROVAL AND RENEWAL OF SECURI-
TY  GUARD  TRAINING  SCHOOLS  AND  THE CERTIFICATION AND RENEWAL CERTIF-
ICATION OF SECURITY GUARD INSTRUCTORS, the service and repair of munici-
pal law enforcement agency equipment and collect reimbursement and other
moneys. Such fees shall  be  reasonably  related  to  the  actual  costs
incurred,  including  the costs of salaries, computer time, shipping and
handling, as appropriate.   The  comptroller  is  hereby  authorized  to
deposit  such  fees into the general fund effective August thirty-first,
nineteen hundred ninety-six.
  S 2. This act shall take effect immediately.

                                 PART H

  Section 1. Section 79-a of the correction law, as amended by section 2
of part D of chapter 63 of the laws of  2005,  is  amended  to  read  as
follows:
  S 79-a. Closure of correctional facilities; notice. Before the closure
of  any correctional facility, [which for purposes of this section shall
include a correctional facility  annex,  or  any  special  housing  unit
established  to  confine  inmates  in  accordance with the provisions of
subdivision six of section one hundred thirty-seven  of  this  chapter],
for  reasons  other than those set forth in paragraph (a) of subdivision
eight of section forty-five of this chapter, the commissioner shall take
the following actions:
  1. confer with the department of civil service, the governor's  office
of employee relations and any other appropriate state agencies to devel-
op strategies which attempt to minimize the impact of the closure on the
state work force;
  2.  consult  with the department of economic development and any other
appropriate state agencies to develop strategies which attempt to  mini-
mize  the  impact  of such closures on the local and regional economies;
and
  3. provide notice by certified mail to (i) all  local  governments  of
any political subdivision in which the correctional facility is located,
(ii)  all employee labor organizations operating within, or representing
employees of, the correctional facility, and (iii) managerial and confi-
dential employees employed within the  correctional  facility  at  least
twelve months prior to any such closure.

S. 56--B                           11                          A. 156--B

  S  2.  Paragraph  (a) of subdivision 3 of section 70 of the correction
law, as amended by section 2 of part D of chapter  63  of  the  laws  of
2005, is amended to read as follows:
  (a)  The  commissioner  may  continue  to  maintain, as a correctional
facility, any institution  operated  by  the  department  prior  to  May
eighth,  nineteen  hundred  seventy,  and  may  add to or close any such
place, and may establish and maintain new  correctional  facilities,  in
accordance  with  the  needs of the department and provided expenditures
for such purposes are within amounts made available therefor  by  appro-
priation; provided, however, that before the closure of any correctional
facility,  [correctional  facility  annex,  or  any special housing unit
established to confine inmates in  accordance  with  the  provisions  of
subdivision  six  of  section one hundred thirty-seven of this chapter,]
for reasons other than those set forth in paragraph (a)  of  subdivision
eight  of  section forty-five of this chapter, the provisions of section
seventy-nine-a of this article shall be adhered to.
  S 3. Notwithstanding the requirements of sections 79-a and 79-b of the
correction law, or any other inconsistent provision of law, the  commis-
sioner  of  the  department  of  correctional  services  may  close Camp
Gabriels, Camp Pharsalia and Camp Mt. McGregor any time on or after July
1, 2009, and prior to March 31, 2010. By October 1, 2009,  such  commis-
sioner shall provide a report for an adaptive reuse plan for each of the
above  named facilities, in a manner consistent with section 79-b of the
correction law.
  S 4. Paragraph (b) of subdivision 8 of section 45  of  the  correction
law,  as  amended  by  section  2 of part D of chapter 63 of the laws of
2005, is amended to read as follows:
  (b) Before a correctional facility as defined in subdivision  four  of
section  two  of  this  chapter,  [correctional  facility  annex, or any
special housing unit established to confine inmates in  accordance  with
the provisions of subdivision six of section one hundred thirty-seven of
this  chapter,] may be closed for a reason other than those set forth in
paragraph (a) of this subdivision, the provisions  of  section  seventy-
nine-a of this chapter shall be adhered to.
  S  5. Section 91 of the correction law, as added by chapter 478 of the
laws of 1970, is amended to read as follows:
  S 91. Agreements for custody of definite sentence  inmates.    1.  The
[state]  commissioner  [of  correction] may enter into an agreement with
any county or with the city of New York to provide for  custody  by  the
[state]  department  [of  correction]  of  persons  who receive definite
sentences of imprisonment with terms in excess of ninety days who other-
wise would serve such sentences in the jail, workhouse, penitentiary  or
other  local  correctional  institution  maintained  by  such  locality;
PROVIDED, HOWEVER, THAT A PERSON COMMITTED TO THE CUSTODY OF THE DEPART-
MENT PURSUANT TO AN AGREEMENT ESTABLISHED  BY  THIS  SECTION,  EXCEPT  A
PERSON  COMMITTED  PURSUANT  TO  AN AGREEMENT WITH THE CITY OF NEW YORK,
SHALL BE DELIVERED TO A RECEPTION CENTER DESIGNATED BY THE  COMMISSIONER
FOR  AN  INITIAL  PROCESSING  PERIOD WHICH SHALL BE NO LONGER THAN SEVEN
DAYS, AND THEREAFTER, SHALL BE  TRANSFERRED  TO  A  GENERAL  CONFINEMENT
CORRECTIONAL FACILITY LOCATED IN THE SAME COUNTY OR IN A COUNTY ADJACENT
TO  THE COUNTY WHERE SUCH PERSON WOULD OTHERWISE BE COMMITTED TO A LOCAL
CORRECTIONAL FACILITY. IN THE EVENT, HOWEVER, THAT EXIGENT CIRCUMSTANCES
RELATED TO HEALTH, SAFETY OR SECURITY ARISE WHICH REQUIRE THE  IMMEDIATE
TRANSFER  OF  AN INMATE TO A DIFFERENT FACILITY NOT WITHIN THE COUNTY OR
ADJACENT COUNTY, THEN THE DEPARTMENT SHALL, AS SOON THEREAFTER AS  PRAC-

S. 56--B                           12                          A. 156--B

TICABLE,  ARRANGE  FOR SUCH INMATE TO BE RETURNED TO THE JURISDICTION OF
THE COUNTY FROM WHICH HE OR SHE WAS COMMITTED.
  2.  Any  such  agreement, except one that is made with the city of New
York, may be  made  with  the  sheriff,  warden,  superintendent,  local
commissioner  of  correction  or  other  person in charge of such county
institution and shall be subject to the approval of the chief  executive
officer  of  the county. An agreement made with the city of New York may
be made with the commissioner of correction of that city  and  shall  be
subject to the approval of the mayor.
  3. An agreement made under this section shall [not] require the local-
ity  to  pay the cost of treatment, maintenance and custody furnished by
the [state] department [of correction], AND  THE  COSTS  INCURRED  UNDER
SUBDIVISION  TWO  OR  THREE  OF  SECTION ONE HUNDRED TWENTY-FIVE OF THIS
CHAPTER RELATING TO THE PROVISION OF CLOTHING, MONEY AND  TRANSPORTATION
UPON  RELEASE OR DISCHARGE OF INMATES DELIVERED TO THE DEPARTMENT PURSU-
ANT  TO  THE  AGREEMENT,  and  shall  contain  at  least  the  following
provisions:
  (a) A provision specifying the minimum length of the term of imprison-
ment  of  persons  who  may  be  received  by the [state] department [of
correction] under the agreement, which may be  any  term  in  excess  of
ninety  days  agreed to by the parties and which need not be the same in
each agreement;
  (b) A provision that no charge will be made to the  state  or  to  the
[state]  department [of correction] or to any of its institutions during
the pendency of such agreement for delivery of inmates  to  the  [state]
department  [of  correction]  by  officers of the locality, and that the
provisions of section six hundred two of this chapter or of any  similar
law shall not apply for delivery of inmates during such time;
  (c)  [A  provision that no charge shall be made to or shall be payable
by the state during the pendency of such agreement for  the  expense  of
maintaining  parole violators pursuant to section two hundred sixteen of
this chapter, for the  expense  of  maintaining  coram  nobis  prisoners
pursuant  to  section six hundred one-b of this chapter, for the expense
of maintaining felony prisoners pursuant to section six hundred one-c of
this chapter, or for the expense of maintaining alternative local refor-
matory inmates pursuant to section eight hundred thirty-five  in  insti-
tutions maintained by the locality;
  (d)  A provision, approved by the state comptroller, for reimbursement
of the state department of  correction  by  the  locality  for  expenses
incurred  under  subdivision two or three of section one hundred twenty-
five of this chapter relating  to  clothing,  money  and  transportation
furnished  upon  release  or discharge of inmates delivered to the state
department of correction pursuant to the agreement;
  (e)] Designation of the correctional facility or facilities  to  which
persons under sentences covered by the agreement are to be delivered;
  [(f)] (D) A PROVISION REQUIRING THE DEPARTMENT TO PROVIDE TRANSITIONAL
SERVICES  UPON  THE  RELEASE  OF PERSONS COMMITTED TO THE CUSTODY OF THE
DEPARTMENT PURSUANT TO AN AGREEMENT ESTABLISHED BY THIS SECTION;
  (E) Any other provision the [state] commissioner [of  correction]  may
deem necessary or appropriate; and
  [(g)]  (F)  A  provision  giving  either party the right to cancel the
agreement by giving the other party notice in writing, with cancellation
to become effective on such date as may be specified in such notice.
  4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER  SHALL
BE  AUTHORIZED TO GRANT, WITHHOLD, CAUSE TO BE FORFEITED, OR CANCEL TIME

S. 56--B                           13                          A. 156--B

ALLOWANCES AS PROVIDED IN AND IN COMPLIANCE WITH SECTION  EIGHT  HUNDRED
FOUR OF THIS CHAPTER.
  5. A copy of such agreement shall be filed with the secretary of state
and with the clerk of each court having jurisdiction to impose sentences
covered by the agreement in the county or city to which it applies.
  S  6. Section 92 of the correction law, as added by chapter 478 of the
laws of 1970, is amended to read as follows:
  S 92. Effect of agreement for custody of  definite  sentence  inmates.
1.  After  a  copy of an agreement made under section ninety-one of this
article is filed with the secretary  of  state,  all  commitments  under
sentences  covered  by  the agreement by courts in the county or city to
which it applies shall be deemed to be to the  custody  of  the  [state]
department  [of  correction]  and  shall be so construed and interpreted
irrespective of the institution or agency to which the  commitments  are
made.
  2.  Any  inmate  who  is serving a term of imprisonment covered by the
agreement imposed prior to the filing of such agreement, and any  inmate
who  is  under  consecutive  definite  sentences of imprisonment with an
aggregate term of the length covered by the agreement,  irrespective  of
whether one or more of such sentences was imposed prior to the filing of
the  agreement, may be transferred to the care of the [state] department
[of correction] upon request of the head of the county or city  institu-
tion and approval of the [state] commissioner [of correction].
  3.  Inmates  who  are  deemed  committed to the custody of the [state]
department [of correction] under subdivision one of this section, or who
may be transferred to the care of the [state] department [of correction]
under subdivision two of this  section,  shall  be  dealt  with  in  all
respects  in  the same manner as inmates committed to the custody of the
[state] department [of correction].
  4. In the event any such agreement is cancelled, inmates delivered  to
the [state] department [of correction] prior to the date of cancellation
shall  continue  to serve their sentences in the custody of such depart-
ment and the provisions of such agreement shall continue to  apply  with
respect  to  such inmates. A copy of the notice of cancellation shall be
filed with the secretary of state and with the clerks of courts  in  the
manner  provided in subdivision four of section ninety-one of this arti-
cle, and no inmates shall be delivered to the  custody  of  the  [state]
department  [of correction] under such agreement after the date on which
such cancellation becomes effective.
  S 7. Section 612 of the correction law is amended to read as follows:
  S 612. United States prisoners.  1. A sheriff must receive into his OR
HER jail and keep a prisoner, committed to the same, by virtue of  civil
process  issued  by a court of record, instituted under the authority of
the United States, until he OR SHE is discharged by the  due  course  of
the laws of the United States, in the same manner as if he was committed
by  virtue  of  a  mandate in a civil action, issued from a court of the
state. A sheriff or jailer, to whose jail a civil prisoner is committed,
as prescribed herein, is answerable for his OR HER safe keeping  in  the
courts of the United States, according to the laws thereof.
  2. THE COMMISSIONER MAY ENTER INTO AN AGREEMENT TO PROVIDE FOR CUSTODY
BY  THE  DEPARTMENT  OF  PERSONS  WHO ARE BEING DETAINED BY VIRTUE OF AN
ORDER ISSUED BY A COURT OF THE UNITED STATES. AN  AGREEMENT  MADE  UNDER
THIS  SECTION  SHALL REQUIRE THE UNITED STATES TO PAY THE COST OF TREAT-
MENT, MAINTENANCE AND CUSTODY FURNISHED BY THE DEPARTMENT.

S. 56--B                           14                          A. 156--B

  S 8. This act shall take effect immediately;  provided,  however  that
sections  five  and  six of this act shall expire and be deemed repealed
September 1, 2011.

                                 PART I

  Intentionally omitted.

                                 PART J

  Section  1.  The section heading and paragraph (a) of subdivision 1 of
section 259-r of the executive law, the  section  heading  as  added  by
chapter  55  of  the  laws of 1992 and paragraph (a) of subdivision 1 as
amended by chapter 3 of the  laws  of  1995,  are  amended  to  read  as
follows:
  Release on medical parole FOR TERMINALLY ILL INMATES.
  (a)  The  board  shall have the power to release on medical parole any
inmate serving an indeterminate or determinate sentence of  imprisonment
who,  pursuant to subdivision two of this section, has been certified to
be suffering from a terminal condition, disease or syndrome and to be so
debilitated or incapacitated as to create a reasonable probability  that
he  or  she  is  physically  OR  COGNITIVELY incapable of presenting any
danger to society, provided, however, that no inmate serving a  sentence
imposed  upon  a conviction for MURDER IN THE FIRST DEGREE OR AN ATTEMPT
OR CONSPIRACY TO COMMIT MURDER IN THE FIRST DEGREE SHALL BE ELIGIBLE FOR
SUCH RELEASE, AND PROVIDED FURTHER THAT NO  INMATE  SERVING  A  SENTENCE
IMPOSED  UPON  A  CONVICTION  FOR any of the following offenses shall be
eligible for such  release  UNLESS  IN  THE  CASE  OF  AN  INDETERMINATE
SENTENCE HE OR SHE HAS SERVED AT LEAST ONE-HALF OF THE MINIMUM PERIOD OF
THE  SENTENCE  AND  IN  THE CASE OF A DETERMINATE SENTENCE HE OR SHE HAS
SERVED AT LEAST ONE-HALF OF HIS OR HER SENTENCE: [murder  in  the  first
degree,]  murder in the second degree, manslaughter in the first degree,
any offense defined in article one hundred thirty of the penal law or an
attempt to commit any of these offenses.
  S 2. Paragraph (a) of subdivision 1 of section 259-r of the  executive
law,  as  added by chapter 55 of the laws of 1992, is amended to read as
follows:
  (a) The board shall have the power to release on  medical  parole  any
inmate  serving an indeterminate OR DETERMINATE sentence of imprisonment
who, pursuant to subdivision two of this section, has been certified  to
be suffering from a terminal condition, disease or syndrome and to be so
debilitated  or incapacitated as to create a reasonable probability that
he or she is physically  OR  COGNITIVELY  incapable  of  presenting  any
danger  to society, provided, however, that no inmate serving a sentence
imposed upon a conviction for MURDER IN THE FIRST DEGREE OR  AN  ATTEMPT
OR CONSPIRACY TO COMMIT MURDER IN THE FIRST DEGREE SHALL BE ELIGIBLE FOR
SUCH  RELEASE,  AND  PROVIDED  FURTHER THAT NO INMATE SERVING A SENTENCE
IMPOSED UPON A CONVICTION FOR any of the  following  offenses  shall  be
eligible  for  such  release  UNLESS  IN  THE  CASE  OF AN INDETERMINATE
SENTENCE HE OR SHE HAS SERVED AT LEAST ONE-HALF OF THE MINIMUM PERIOD OF
THE SENTENCE AND IN THE CASE OF A DETERMINATE SENTENCE  HE  OR  SHE  HAS
SERVED  AT  LEAST ONE-HALF OF HIS OR HER SENTENCE:  [murder in the first
degree,] murder in the second degree, manslaughter in the first  degree,
any offense defined in article one hundred thirty of the penal law or an
attempt to commit any of these offenses.

S. 56--B                           15                          A. 156--B

  S  3. Paragraph (b) of subdivision 1 of section 259-r of the executive
law, as added by chapter 55 of the laws of 1992, is amended to  read  as
follows:
  (b)  Such  release  shall  be  granted  only after the board considers
whether, in light of the inmate's medical condition, there is a  reason-
able  probability  that the inmate, if released, will live and remain at
liberty without violating the law, and that such release is  not  incom-
patible  with the welfare of society and will not so deprecate the seri-
ousness of the crime as to undermine respect for the law, and  shall  be
subject  to  the  limits and conditions specified in subdivision four of
this section. [Such] EXCEPT AS SET FORTH IN PARAGRAPH (A) OF THIS SUBDI-
VISION, SUCH release may be granted at any time during the  term  of  an
inmate's sentence, notwithstanding any other provision of law.
  S  4.  Subdivision 2 of section 259-r of the executive law, as amended
by chapter 503 of the laws of 1994, is amended to read as follows:
  2. (a) The commissioner of correctional services, on  the  commission-
er's  own  initiative  or  at  the  request of an inmate, OR AN INMATE'S
SPOUSE, RELATIVE OR ATTORNEY, may, in the exercise of the commissioner's
discretion, direct that AN  INVESTIGATION  BE  UNDERTAKEN  TO  DETERMINE
WHETHER  a  diagnosis  SHOULD  be  made  of  an inmate who appears to be
suffering from a terminal  condition,  disease  or  syndrome.  Any  such
medical  diagnosis  shall  be  made  by a physician licensed to practice
medicine in this state pursuant to section  sixty-five  hundred  twenty-
four  of  the  education law. Such physician shall either be employed by
the department  of  correctional  services,  shall  render  professional
services  at  the request of the department of correctional services, or
shall be employed by a hospital or medical facility used by the  depart-
ment  of correctional services for the medical treatment of inmates. The
diagnosis shall be reported to the commissioner of correctional services
and shall include but shall not be  limited  to  a  description  of  the
terminal  condition, disease or syndrome suffered by the inmate, a prog-
nosis concerning the likelihood that the inmate will  not  recover  from
such  terminal  condition,  disease  or  syndrome,  a description of the
inmate's physical OR COGNITIVE incapacity which shall include a  predic-
tion  respecting  the likely duration of the incapacity, and a statement
by the physician of whether the inmate is so  debilitated  or  incapaci-
tated  as  to be severely restricted in his or her ability to self-ambu-
late [and to care for him or herself] OR TO PERFORM  SIGNIFICANT  NORMAL
ACTIVITIES OF DAILY LIVING. THIS REPORT ALSO SHALL INCLUDE A RECOMMENDA-
TION  OF  THE  TYPE AND LEVEL OF SERVICES AND TREATMENT THE INMATE WOULD
REQUIRE IF GRANTED MEDICAL PAROLE AND A RECOMMENDATION FOR THE TYPES  OF
SETTINGS IN WHICH THE SERVICES AND TREATMENT SHOULD BE GIVEN.
  (b) The commissioner, or the commissioner's designee, shall review the
diagnosis  and may certify that the inmate is suffering from such termi-
nal condition, disease or syndrome and that the inmate is so debilitated
or incapacitated as to create a reasonable probability that he or she is
physically OR COGNITIVELY incapable of presenting any danger to society.
If the commissioner does not so certify then the  inmate  shall  not  be
referred to the board of parole for consideration for release on medical
parole.  If  the  commissioner  does  so  certify, then the commissioner
shall, WITHIN SEVEN WORKING DAYS OF RECEIPT OF SUCH DIAGNOSIS, refer the
inmate to the board of parole for consideration for release  on  medical
parole.  However,  no  such referral of an inmate to the board of parole
shall be made unless the inmate has been examined  by  a  physician  and
diagnosed  as having a terminal condition, disease or syndrome as previ-

S. 56--B                           16                          A. 156--B

ously described herein at some time subsequent to such  inmate's  admis-
sion to a facility operated by the department of correctional services.
  (c)  When  the commissioner refers an inmate to the board, the commis-
sioner shall provide  an  appropriate  medical  discharge  plan  JOINTLY
established  by the department of correctional services AND THE DIVISION
OF PAROLE.  THE DEPARTMENT OF CORRECTIONAL SERVICES AND THE DIVISION  OF
PAROLE  ARE  AUTHORIZED  TO  REQUEST  ASSISTANCE  FROM THE DEPARTMENT OF
HEALTH AND FROM THE COUNTY IN WHICH THE INMATE RESIDED AND COMMITTED HIS
OR HER CRIME, WHICH SHALL PROVIDE ASSISTANCE WITH RESPECT TO THE  DEVEL-
OPMENT  AND  IMPLEMENTATION  OF  A  DISCHARGE  PLAN, INCLUDING POTENTIAL
PLACEMENTS OF A RELEASEE. THE DEPARTMENT OF CORRECTIONAL  SERVICES,  THE
DIVISION  OF  PAROLE  AND THE DEPARTMENT OF HEALTH SHALL JOINTLY DEVELOP
STANDARDS FOR THE MEDICAL DISCHARGE PLAN THAT ARE APPROPRIATELY  ADAPTED
TO  THE  CRIMINAL JUSTICE SETTING, BASED ON STANDARDS ESTABLISHED BY THE
DEPARTMENT OF HEALTH FOR HOSPITAL MEDICAL DISCHARGE PLANNING. The  board
may  [reject  all or part of the discharge plan submitted by the depart-
ment of correctional services, and may] postpone  its  decision  pending
[submission  of  a new] COMPLETION OF AN ADEQUATE discharge plan, or may
deny release based on inadequacy of the discharge plan. [The  department
of correctional services and the division of parole shall jointly devel-
op  standards  for  the  medical  discharge  plan that are appropriately
adapted to the criminal justice setting, based on standards  established
by the department of health for hospital medical discharge planning.]
  S  5. Subdivision 4 of section 259-r of the executive law, as added by
chapter 55 of the laws of 1992, paragraphs (a) and  (d)  as  amended  by
chapter 503 of the laws of 1994, is amended to read as follows:
  4.  (a) Medical parole granted pursuant to this section shall be for a
period of six months.
  (b) The board shall require as  a  condition  of  release  on  medical
parole  that  the releasee agree to remain under the care of a physician
while on medical parole and in a hospital established pursuant to  arti-
cle  twenty-eight of the public health law, a hospice established pursu-
ant to article forty of the public health law  or  any  other  placement
that  can  provide  appropriate medical care as specified in the medical
discharge plan required by subdivision two of this section. The  medical
discharge  plan  shall  state that the availability of the placement has
been confirmed, and by whom.   NOTWITHSTANDING ANY  OTHER  PROVISION  OF
LAW,  WHEN  AN  INMATE  WHO  QUALIFIES FOR RELEASE UNDER THIS SECTION IS
COGNITIVELY INCAPABLE OF SIGNING THE REQUISITE DOCUMENTATION TO EFFECTU-
ATE THE MEDICAL DISCHARGE PLAN AND, AFTER A DILIGENT  SEARCH  NO  PERSON
HAS  BEEN  IDENTIFIED  WHO  COULD OTHERWISE BE APPOINTED AS THE INMATE'S
GUARDIAN BY A COURT OF COMPETENT  JURISDICTION,  THEN,  SOLELY  FOR  THE
PURPOSE  OF IMPLEMENTING THE MEDICAL DISCHARGE PLAN, THE FACILITY HEALTH
SERVICES DIRECTOR AT THE FACILITY WHERE THE INMATE IS  CURRENTLY  INCAR-
CERATED  SHALL BE LAWFULLY EMPOWERED TO ACT AS THE INMATE'S GUARDIAN FOR
THE PURPOSE OF EFFECTUATING THE MEDICAL DISCHARGE.
  (c) [The] WHERE APPROPRIATE, THE board shall require as a condition of
release that medical parolees be supervised on  intensive  caseloads  at
reduced  supervision  ratios  [similar  to  the  caseloads  for parolees
released pursuant to the  shock  incarceration  program  established  by
article twenty-six-A of the correction law].
  (d)  The  board  shall  require  as  a condition of release on medical
parole that the releasee undergo periodic  medical  examinations  and  a
medical  examination  at  least one month prior to the expiration of the
period of medical parole and, for the  purposes  of  making  a  decision
pursuant to paragraph (e) of this subdivision, that the releasee provide

S. 56--B                           17                          A. 156--B

the  board  with  a  report,  prepared by the treating physician, of the
results of such examination. Such report shall specifically state wheth-
er or not the parolee continues to suffer  from  a  terminal  condition,
disease, or syndrome, and to be so debilitated or incapacitated as to be
severely  restricted in his or her ability to self-ambulate [and to care
for him or herself] OR TO PERFORM SIGNIFICANT NORMAL ACTIVITIES OF DAILY
LIVING.
  (e) Prior to the expiration of the period of medical parole the  board
shall review the medical examination report required by paragraph (d) of
this  subdivision  and  may  again grant medical parole pursuant to this
section; provided, however, that the  provisions  of  paragraph  (c)  of
subdivision one and subdivision two of this section shall not apply.
  (f) If the updated medical report presented to the board states that a
parolee released pursuant to this section is no longer so debilitated or
incapacitated  as  to  create a reasonable probability that he or she is
physically OR COGNITIVELY incapable of presenting any danger to  society
or  if  the releasee fails to submit the updated medical report then the
board may not make a new grant of medical parole pursuant  to  paragraph
(e)  of this subdivision. Where the board has not granted medical parole
pursuant to such paragraph (e) the board shall promptly conduct  through
one of its members, or cause to be conducted by a hearing officer desig-
nated  by  the  board,  a  hearing  to determine whether the releasee is
suffering from a terminal condition,  disease  or  syndrome  and  is  so
debilitated  or incapacitated as to create a reasonable probability that
he or she is physically  OR  COGNITIVELY  incapable  of  presenting  any
danger to society and does not present a danger to society. If the board
makes  such  a  determination  then  it  may make a new grant of medical
parole pursuant to the standards of paragraph (b) of subdivision one  of
this  section.  At  the  hearing,  the  releasee shall have the right to
representation by counsel, including  the  right,  if  the  releasee  is
financially  unable  to  retain  counsel,  to have the appropriate court
assign counsel in accordance with the county or city plan for  represen-
tation  placed in operation pursuant to article eighteen-B of the county
law.
  (g) The hearing and determination provided for  by  paragraph  (f)  of
this  subdivision  shall be concluded within the [four] SIX month period
of medical parole. If the board does not  renew  the  grant  of  medical
parole,  it shall order that the releasee be returned immediately to the
custody of the department of correctional services.
  (h) In addition to the procedures set forth in paragraph (f)  of  this
subdivision,  medical  parole may be revoked at any time upon any of the
grounds specified in paragraph (a) of subdivision three of  section  two
hundred  fifty-nine-i of this article, and in accordance with the proce-
dures specified in subdivision three of section two hundred fifty-nine-i
of this article.
  (i) A releasee who is on medical parole and who becomes  eligible  for
parole  pursuant  to  the  provisions  of subdivision two of section two
hundred fifty-nine-i of  this  article  shall  be  eligible  for  parole
consideration pursuant to such subdivision.
  S  6.  The  executive  law is amended by adding a new section 259-s to
read as follows:
  S 259-S. RELEASE ON MEDICAL PAROLE FOR INMATES  SUFFERING  SIGNIFICANT
DEBILITATING  ILLNESSES.    1.  (A)  THE  BOARD  SHALL HAVE THE POWER TO
RELEASE ON MEDICAL PAROLE ANY INMATE SERVING AN INDETERMINATE OR  DETER-
MINATE SENTENCE OF IMPRISONMENT WHO, PURSUANT TO SUBDIVISION TWO OF THIS
SECTION,  HAS  BEEN  CERTIFIED  TO  BE  SUFFERING FROM A SIGNIFICANT AND

S. 56--B                           18                          A. 156--B

PERMANENT NON-TERMINAL CONDITION, DISEASE OR SYNDROME THAT HAS  RENDERED
THE  INMATE SO PHYSICALLY OR COGNITIVELY DEBILITATED OR INCAPACITATED AS
TO CREATE A REASONABLE PROBABILITY THAT HE OR SHE DOES NOT  PRESENT  ANY
DANGER  TO SOCIETY, PROVIDED, HOWEVER, THAT NO INMATE SERVING A SENTENCE
IMPOSED UPON A CONVICTION FOR MURDER IN THE FIRST DEGREE OR  AN  ATTEMPT
OR CONSPIRACY TO COMMIT MURDER IN THE FIRST DEGREE SHALL BE ELIGIBLE FOR
SUCH  RELEASE,  AND  PROVIDED  FURTHER THAT NO INMATE SERVING A SENTENCE
IMPOSED UPON A CONVICTION FOR ANY OF THE  FOLLOWING  OFFENSES  SHALL  BE
ELIGIBLE  FOR  SUCH  RELEASE  UNLESS  IN  THE  CASE  OF AN INDETERMINATE
SENTENCE HE OR SHE HAS SERVED AT LEAST ONE-HALF OF THE MINIMUM PERIOD OF
THE SENTENCE AND IN THE CASE OF A DETERMINATE SENTENCE  HE  OR  SHE  HAS
SERVED  AT  LEAST  ONE-HALF OF HIS OR HER SENTENCE: MURDER IN THE SECOND
DEGREE, MANSLAUGHTER IN THE FIRST DEGREE, ANY OFFENSE DEFINED IN ARTICLE
ONE HUNDRED THIRTY OF THE PENAL LAW OR AN ATTEMPT TO COMMIT ANY OF THESE
OFFENSES.
  (B) SUCH RELEASE SHALL BE  GRANTED  ONLY  AFTER  THE  BOARD  CONSIDERS
WHETHER,  IN LIGHT OF THE INMATE'S MEDICAL CONDITION, THERE IS A REASON-
ABLE PROBABILITY THAT THE INMATE, IF RELEASED, WILL LIVE AND  REMAIN  AT
LIBERTY  WITHOUT  VIOLATING THE LAW, AND THAT SUCH RELEASE IS NOT INCOM-
PATIBLE WITH THE WELFARE OF SOCIETY AND WILL NOT SO DEPRECATE THE  SERI-
OUSNESS  OF  THE CRIME AS TO UNDERMINE RESPECT FOR THE LAW, AND SHALL BE
SUBJECT TO THE LIMITS AND CONDITIONS SPECIFIED IN  SUBDIVISION  FOUR  OF
THIS  SECTION.  IN  MAKING THIS DETERMINATION, THE BOARD SHALL CONSIDER:
(I) THE NATURE AND SERIOUSNESS OF THE INMATE'S CRIME; (II) THE  INMATE'S
PRIOR  CRIMINAL  RECORD; (III) THE INMATE'S DISCIPLINARY, BEHAVIORAL AND
REHABILITATIVE RECORD DURING THE TERM OF HIS OR HER INCARCERATION;  (IV)
THE  AMOUNT  OF  TIME THE INMATE MUST SERVE BEFORE BECOMING ELIGIBLE FOR
RELEASE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I  OF  THIS  ARTICLE;
(V)  THE CURRENT AGE OF THE INMATE AND HIS OR HER AGE AT THE TIME OF THE
CRIME; (VI) THE RECOMMENDATIONS OF THE SENTENCING  COURT,  THE  DISTRICT
ATTORNEY AND THE VICTIM OR THE VICTIM'S REPRESENTATIVE; (VII) THE NATURE
OF THE INMATE'S MEDICAL CONDITION, DISEASE OR SYNDROME AND THE EXTENT OF
MEDICAL  TREATMENT  OR  CARE THAT THE INMATE WILL REQUIRE AS A RESULT OF
THAT CONDITION, DISEASE OR  SYNDROME;  AND  (VIII)  ANY  OTHER  RELEVANT
FACTOR.  EXCEPT  AS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION, SUCH
RELEASE MAY BE GRANTED AT ANY  TIME  DURING  THE  TERM  OF  AN  INMATE'S
SENTENCE, NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
  (C)  THE  BOARD  SHALL  AFFORD  NOTICE  TO  THE  SENTENCING COURT, THE
DISTRICT ATTORNEY, THE ATTORNEY FOR  THE  INMATE  AND,  WHERE  NECESSARY
PURSUANT  TO SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS
ARTICLE, THE CRIME VICTIM, THAT  THE  INMATE  IS  BEING  CONSIDERED  FOR
RELEASE  PURSUANT TO THIS SECTION AND THE PARTIES RECEIVING NOTICE SHALL
HAVE THIRTY DAYS TO COMMENT ON THE RELEASE OF  THE  INMATE.  RELEASE  ON
MEDICAL  PAROLE SHALL NOT BE GRANTED UNTIL THE EXPIRATION OF THE COMMENT
PERIOD PROVIDED FOR IN THIS PARAGRAPH.
  2. (A) THE COMMISSIONER OF CORRECTIONAL SERVICES, ON  THE  COMMISSION-
ER'S  OWN  INITIATIVE  OR  AT  THE  REQUEST OF AN INMATE, OR AN INMATE'S
SPOUSE, RELATIVE OR ATTORNEY, MAY, IN THE EXERCISE OF THE COMMISSIONER'S
DISCRETION, DIRECT THAT AN  INVESTIGATION  BE  UNDERTAKEN  TO  DETERMINE
WHETHER  A  DIAGNOSIS  SHOULD  BE  MADE  OF  AN INMATE WHO APPEARS TO BE
SUFFERING FROM A SIGNIFICANT AND PERMANENT NON-TERMINAL AND INCAPACITAT-
ING CONDITION, DISEASE OR SYNDROME.  ANY SUCH MEDICAL DIAGNOSIS SHALL BE
MADE BY A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE PURSUANT
TO SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR OF  THE  EDUCATION  LAW.  SUCH
PHYSICIAN  SHALL  EITHER  BE  EMPLOYED BY THE DEPARTMENT OF CORRECTIONAL
SERVICES, SHALL RENDER PROFESSIONAL  SERVICES  AT  THE  REQUEST  OF  THE

S. 56--B                           19                          A. 156--B

DEPARTMENT  OF CORRECTIONAL SERVICES, OR SHALL BE EMPLOYED BY A HOSPITAL
OR MEDICAL FACILITY USED BY THE DEPARTMENT OF CORRECTIONAL SERVICES  FOR
THE MEDICAL TREATMENT OF INMATES. THE DIAGNOSIS SHALL BE REPORTED TO THE
COMMISSIONER OF CORRECTIONAL SERVICES AND SHALL INCLUDE BUT SHALL NOT BE
LIMITED  TO A DESCRIPTION OF THE CONDITION, DISEASE OR SYNDROME SUFFERED
BY THE INMATE, A PROGNOSIS CONCERNING THE  LIKELIHOOD  THAT  THE  INMATE
WILL NOT RECOVER FROM SUCH CONDITION, DISEASE OR SYNDROME, A DESCRIPTION
OF  THE  INMATE'S PHYSICAL OR COGNITIVE INCAPACITY WHICH SHALL INCLUDE A
PREDICTION RESPECTING THE LIKELY  DURATION  OF  THE  INCAPACITY,  AND  A
STATEMENT  BY  THE  PHYSICIAN OF WHETHER THE INMATE IS SO DEBILITATED OR
INCAPACITATED AS TO BE SEVERELY RESTRICTED IN  HIS  OR  HER  ABILITY  TO
SELF-AMBULATE  OR  TO  PERFORM  SIGNIFICANT  NORMAL  ACTIVITIES OF DAILY
LIVING. THIS REPORT ALSO SHALL INCLUDE A RECOMMENDATION OF THE TYPE  AND
LEVEL  OF  SERVICES  AND  TREATMENT  THE INMATE WOULD REQUIRE IF GRANTED
MEDICAL PAROLE AND A RECOMMENDATION FOR THE TYPES OF SETTINGS  IN  WHICH
THE SERVICES AND TREATMENT SHOULD BE GIVEN.
  (B) THE COMMISSIONER, OR THE COMMISSIONER'S DESIGNEE, SHALL REVIEW THE
DIAGNOSIS  AND MAY CERTIFY THAT THE INMATE IS SUFFERING FROM SUCH CONDI-
TION, DISEASE OR SYNDROME AND THAT THE INMATE IS SO DEBILITATED OR INCA-
PACITATED AS TO CREATE A REASONABLE PROBABILITY THAT HE OR SHE IS  PHYS-
ICALLY  OR COGNITIVELY INCAPABLE OF PRESENTING ANY DANGER TO SOCIETY. IF
THE COMMISSIONER DOES NOT SO  CERTIFY  THEN  THE  INMATE  SHALL  NOT  BE
REFERRED TO THE BOARD OF PAROLE FOR CONSIDERATION FOR RELEASE ON MEDICAL
PAROLE.  IF  THE  COMMISSIONER  DOES  SO  CERTIFY, THEN THE COMMISSIONER
SHALL, WITHIN SEVEN WORKING DAYS OF RECEIPT OF SUCH DIAGNOSIS, REFER THE
INMATE TO THE BOARD OF PAROLE FOR CONSIDERATION FOR RELEASE  ON  MEDICAL
PAROLE.  HOWEVER,  NO  SUCH REFERRAL OF AN INMATE TO THE BOARD OF PAROLE
SHALL BE MADE UNLESS THE INMATE HAS BEEN EXAMINED  BY  A  PHYSICIAN  AND
DIAGNOSED  AS  HAVING  A  CONDITION,  DISEASE  OR SYNDROME AS PREVIOUSLY
DESCRIBED HEREIN AT SOME TIME SUBSEQUENT TO SUCH INMATE'S ADMISSION TO A
FACILITY OPERATED BY THE DEPARTMENT OF CORRECTIONAL SERVICES.
  (C) WHEN THE COMMISSIONER REFERS AN INMATE TO THE BOARD,  THE  COMMIS-
SIONER  SHALL  PROVIDE  AN  APPROPRIATE  MEDICAL  DISCHARGE PLAN JOINTLY
ESTABLISHED BY THE DEPARTMENT OF CORRECTIONAL SERVICES AND THE  DIVISION
OF  PAROLE.  THE DEPARTMENT OF CORRECTIONAL SERVICES AND THE DIVISION OF
PAROLE ARE AUTHORIZED TO  REQUEST  ASSISTANCE  FROM  THE  DEPARTMENT  OF
HEALTH AND FROM THE COUNTY IN WHICH THE INMATE RESIDED AND COMMITTED HIS
OR  HER CRIME, WHICH SHALL PROVIDE ASSISTANCE WITH RESPECT TO THE DEVEL-
OPMENT AND IMPLEMENTATION  OF  A  DISCHARGE  PLAN,  INCLUDING  POTENTIAL
PLACEMENTS  OF  A RELEASEE. THE DEPARTMENT OF CORRECTIONAL SERVICES, THE
DIVISION OF PAROLE AND THE DEPARTMENT OF HEALTH  SHALL  JOINTLY  DEVELOP
STANDARDS  FOR THE MEDICAL DISCHARGE PLAN THAT ARE APPROPRIATELY ADAPTED
TO THE CRIMINAL JUSTICE SETTING, BASED ON STANDARDS ESTABLISHED  BY  THE
DEPARTMENT OF HEALTH FOR HOSPITAL MEDICAL DISCHARGE PLANNING.  THE BOARD
MAY  POSTPONE  ITS  DECISION PENDING COMPLETION OF AN ADEQUATE DISCHARGE
PLAN, OR MAY DENY RELEASE BASED ON INADEQUACY OF THE DISCHARGE PLAN.
  3. ANY CERTIFICATION BY THE COMMISSIONER OR THE COMMISSIONER'S  DESIG-
NEE  PURSUANT  TO  THIS  SECTION SHALL BE DEEMED A JUDICIAL FUNCTION AND
SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE WITH LAW.
  4. (A) MEDICAL PAROLE GRANTED PURSUANT TO THIS SECTION SHALL BE FOR  A
PERIOD OF SIX MONTHS.
  (B)  THE  BOARD  SHALL  REQUIRE  AS  A CONDITION OF RELEASE ON MEDICAL
PAROLE THAT THE RELEASEE AGREE TO REMAIN UNDER THE CARE OF  A  PHYSICIAN
WHILE  ON MEDICAL PAROLE AND IN A HOSPITAL ESTABLISHED PURSUANT TO ARTI-
CLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, A HOSPICE ESTABLISHED  PURSU-
ANT  TO  ARTICLE  FORTY OF THE PUBLIC HEALTH LAW OR ANY OTHER PLACEMENT,

S. 56--B                           20                          A. 156--B

INCLUDING A RESIDENCE WITH FAMILY OR OTHERS, THAT CAN PROVIDE  APPROPRI-
ATE  MEDICAL CARE AS SPECIFIED IN THE MEDICAL DISCHARGE PLAN REQUIRED BY
SUBDIVISION TWO OF THIS SECTION.  THE MEDICAL DISCHARGE PLAN SHALL STATE
THAT  THE AVAILABILITY OF THE PLACEMENT HAS BEEN CONFIRMED, AND BY WHOM.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN AN INMATE WHO QUALIFIES
FOR RELEASE UNDER THIS SECTION IS COGNITIVELY INCAPABLE OF  SIGNING  THE
REQUISITE  DOCUMENTATION  TO  EFFECTUATE THE MEDICAL DISCHARGE PLAN AND,
AFTER A DILIGENT SEARCH NO PERSON HAS BEEN IDENTIFIED WHO  COULD  OTHER-
WISE  BE  APPOINTED  AS  THE  INMATE'S  GUARDIAN BY A COURT OF COMPETENT
JURISDICTION, THEN, SOLELY FOR THE PURPOSE OF IMPLEMENTING  THE  MEDICAL
DISCHARGE  PLAN,  THE  FACILITY HEALTH SERVICES DIRECTOR AT THE FACILITY
WHERE THE INMATE IS CURRENTLY INCARCERATED SHALL BE  LAWFULLY  EMPOWERED
TO  ACT  AS  THE  INMATE'S  GUARDIAN FOR THE PURPOSE OF EFFECTUATING THE
MEDICAL DISCHARGE.
  (C) WHERE APPROPRIATE, THE BOARD  SHALL  REQUIRE  AS  A  CONDITION  OF
RELEASE  THAT  MEDICAL  PAROLEES BE SUPERVISED ON INTENSIVE CASELOADS AT
REDUCED SUPERVISION RATIOS.
  (D) THE BOARD SHALL REQUIRE AS  A  CONDITION  OF  RELEASE  ON  MEDICAL
PAROLE  THAT  THE  RELEASEE  UNDERGO PERIODIC MEDICAL EXAMINATIONS AND A
MEDICAL EXAMINATION AT LEAST ONE MONTH PRIOR TO THE  EXPIRATION  OF  THE
PERIOD  OF  MEDICAL  PAROLE  AND,  FOR THE PURPOSES OF MAKING A DECISION
PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION, THAT THE RELEASEE PROVIDE
THE BOARD WITH A REPORT, PREPARED BY  THE  TREATING  PHYSICIAN,  OF  THE
RESULTS OF SUCH EXAMINATION. SUCH REPORT SHALL SPECIFICALLY STATE WHETH-
ER  OR NOT THE PAROLEE CONTINUES TO SUFFER FROM A SIGNIFICANT AND PERMA-
NENT NON-TERMINAL AND DEBILITATING CONDITION, DISEASE, OR SYNDROME,  AND
TO  BE  SO  DEBILITATED OR INCAPACITATED AS TO BE SEVERELY RESTRICTED IN
HIS OR HER ABILITY TO SELF-AMBULATE OR  TO  PERFORM  SIGNIFICANT  NORMAL
ACTIVITIES OF DAILY LIVING.
  (E)  PRIOR TO THE EXPIRATION OF THE PERIOD OF MEDICAL PAROLE THE BOARD
SHALL REVIEW THE MEDICAL EXAMINATION REPORT REQUIRED BY PARAGRAPH (D) OF
THIS SUBDIVISION AND MAY AGAIN GRANT MEDICAL  PAROLE  PURSUANT  TO  THIS
SECTION;  PROVIDED,  HOWEVER,  THAT  THE  PROVISIONS OF PARAGRAPH (C) OF
SUBDIVISION ONE AND SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY.
  (F) IF THE UPDATED MEDICAL REPORT PRESENTED TO THE BOARD STATES THAT A
PAROLEE RELEASED PURSUANT TO THIS SECTION IS NO LONGER SO DEBILITATED OR
INCAPACITATED AS TO CREATE A REASONABLE PROBABILITY THAT HE  OR  SHE  IS
PHYSICALLY  OR COGNITIVELY INCAPABLE OF PRESENTING ANY DANGER TO SOCIETY
OR IF THE RELEASEE FAILS TO SUBMIT THE UPDATED MEDICAL REPORT  THEN  THE
BOARD  MAY  NOT MAKE A NEW GRANT OF MEDICAL PAROLE PURSUANT TO PARAGRAPH
(E) OF THIS SUBDIVISION. WHERE THE BOARD HAS NOT GRANTED MEDICAL  PAROLE
PURSUANT  TO SUCH PARAGRAPH (E) THE BOARD SHALL PROMPTLY CONDUCT THROUGH
ONE OF ITS MEMBERS, OR CAUSE TO BE CONDUCTED BY A HEARING OFFICER DESIG-
NATED BY THE BOARD, A HEARING  TO  DETERMINE  WHETHER  THE  RELEASEE  IS
SUFFERING FROM A SIGNIFICANT AND PERMANENT NON-TERMINAL AND INCAPACITAT-
ING  CONDITION,  DISEASE  OR SYNDROME AND IS SO DEBILITATED OR INCAPACI-
TATED AS TO CREATE A REASONABLE PROBABILITY THAT HE OR SHE IS PHYSICALLY
OR COGNITIVELY INCAPABLE OF PRESENTING ANY DANGER TO  SOCIETY  AND  DOES
NOT PRESENT A DANGER TO SOCIETY. IF THE BOARD MAKES SUCH A DETERMINATION
THEN IT MAY MAKE A NEW GRANT OF MEDICAL PAROLE PURSUANT TO THE STANDARDS
OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION. AT THE HEARING, THE
RELEASEE  SHALL  HAVE  THE RIGHT TO REPRESENTATION BY COUNSEL, INCLUDING
THE RIGHT, IF THE RELEASEE IS FINANCIALLY UNABLE TO RETAIN  COUNSEL,  TO
HAVE  THE APPROPRIATE COURT ASSIGN COUNSEL IN ACCORDANCE WITH THE COUNTY
OR CITY PLAN FOR REPRESENTATION PLACED IN OPERATION PURSUANT TO  ARTICLE
EIGHTEEN-B OF THE COUNTY LAW.

S. 56--B                           21                          A. 156--B

  (G)  THE  HEARING  AND  DETERMINATION PROVIDED FOR BY PARAGRAPH (F) OF
THIS SUBDIVISION SHALL BE CONCLUDED  WITHIN  THE  SIX  MONTH  PERIOD  OF
MEDICAL PAROLE. IF THE BOARD DOES NOT RENEW THE GRANT OF MEDICAL PAROLE,
IT  SHALL ORDER THAT THE RELEASEE BE RETURNED IMMEDIATELY TO THE CUSTODY
OF THE DEPARTMENT OF CORRECTIONAL SERVICES.
  (H)  IN  ADDITION TO THE PROCEDURES SET FORTH IN PARAGRAPH (F) OF THIS
SUBDIVISION, MEDICAL PAROLE MAY BE REVOKED AT ANY TIME UPON ANY  OF  THE
GROUNDS  SPECIFIED  IN PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION TWO
HUNDRED FIFTY-NINE-I OF THIS ARTICLE, AND IN ACCORDANCE WITH THE  PROCE-
DURES SPECIFIED IN SUBDIVISION THREE OF SECTION TWO HUNDRED FIFTY-NINE-I
OF THIS ARTICLE.
  (I)  A  RELEASEE WHO IS ON MEDICAL PAROLE AND WHO BECOMES ELIGIBLE FOR
PAROLE PURSUANT TO THE PROVISIONS OF  SUBDIVISION  TWO  OF  SECTION  TWO
HUNDRED  FIFTY-NINE-I  OF  THIS  ARTICLE  SHALL  BE  ELIGIBLE FOR PAROLE
CONSIDERATION PURSUANT TO SUCH SUBDIVISION.
  5. A DENIAL OF RELEASE ON MEDICAL  PAROLE  OR  EXPIRATION  OF  MEDICAL
PAROLE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (F) OF SUBDIVISION
FOUR  OF  THIS SECTION SHALL NOT PRECLUDE THE INMATE FROM REAPPLYING FOR
MEDICAL PAROLE OR OTHERWISE AFFECT AN INMATE'S ELIGIBILITY FOR ANY OTHER
FORM OF RELEASE PROVIDED FOR BY LAW.
  6. TO THE EXTENT THAT ANY PROVISION OF THIS SECTION  REQUIRES  DISCLO-
SURE OF MEDICAL INFORMATION FOR THE PURPOSE OF PROCESSING AN APPLICATION
OR  MAKING A DECISION, REGARDING RELEASE ON MEDICAL PAROLE OR RENEWAL OF
MEDICAL PAROLE, OR FOR THE PURPOSE OF APPROPRIATELY SUPERVISING A PERSON
RELEASED ON MEDICAL PAROLE, AND THAT SUCH DISCLOSURE WOULD OTHERWISE  BE
PROHIBITED  BY  ARTICLE  TWENTY-SEVEN-F  OF  THE  PUBLIC HEALTH LAW, THE
PROVISIONS OF THIS SECTION SHALL BE CONTROLLING.
  7. THE COMMISSIONER OF CORRECTIONAL SERVICES  AND  THE  CHAIR  OF  THE
BOARD  OF PAROLE SHALL BE AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
FOR THEIR RESPECTIVE  AGENCIES  TO  IMPLEMENT  THE  PROVISIONS  OF  THIS
SECTION.
  8.  ANY  DECISION  MADE  BY  THE BOARD PURSUANT TO THIS SECTION MAY BE
APPEALED  PURSUANT  TO  SUBDIVISION  FOUR   OF   SECTION   TWO   HUNDRED
FIFTY-NINE-I OF THIS ARTICLE.
  9.  THE  CHAIR OF THE BOARD SHALL REPORT ANNUALLY TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY,  THE
CHAIRPERSONS  OF  THE  ASSEMBLY  AND SENATE CODES COMMITTEES, THE CHAIR-
PERSON OF THE SENATE CRIME AND CORRECTIONS  COMMITTEE,  AND  THE  CHAIR-
PERSON  OF  THE ASSEMBLY CORRECTIONS COMMITTEE THE NUMBER OF INMATES WHO
HAVE APPLIED FOR MEDICAL PAROLE UNDER THIS SECTION; THE NUMBER WHO  HAVE
BEEN  GRANTED  MEDICAL  PAROLE;  THE NATURE OF THE ILLNESS OF THE APPLI-
CANTS, THE COUNTIES TO WHICH THEY HAVE BEEN RELEASED AND THE  NATURE  OF
THE  PLACEMENT PURSUANT TO THE MEDICAL DISCHARGE PLAN; THE CATEGORIES OF
REASONS FOR DENIAL FOR THOSE WHO HAVE BEEN DENIED; THE NUMBER OF RELEAS-
EES WHO HAVE BEEN GRANTED AN ADDITIONAL PERIOD  OR  PERIODS  OF  MEDICAL
PAROLE AND THE NUMBER OF SUCH GRANTS; THE NUMBER OF RELEASEES ON MEDICAL
PAROLE  WHO  HAVE  BEEN  RETURNED  TO  THE  CUSTODY OF THE DEPARTMENT OF
CORRECTIONAL SERVICES AND THE REASONS FOR RETURN.
  S 7. Subparagraph (v) of paragraph (a) of  subdivision  1  of  section
70.40  of the penal law, as amended by chapter 3 of the laws of 1995, is
amended to read as follows:
  (v) Notwithstanding any other subparagraph of this paragraph, a person
may be paroled from the institution in which he is confined at any  time
on  medical  parole  pursuant  to  section  two  hundred fifty-nine-r OR
SECTION TWO HUNDRED FIFTY-NINE-S of the executive law or for deportation
pursuant to paragraph (d) of subdivision  two  of  section  two  hundred

S. 56--B                           22                          A. 156--B

fifty-nine-i  of the executive law or after the successful completion of
a shock incarceration program pursuant to article  twenty-six-A  of  the
correction law.
  S  8.  Subdivision 1 of section 259-c of the executive law, as amended
by chapter 3 of the laws of 1995, is amended to read as follows:
  1. have the power and duty of determining  which  inmates  serving  an
indeterminate or determinate sentence of imprisonment may be released on
parole,   or   on   medical  parole  pursuant  to  section  two  hundred
fifty-nine-r OR SECTION TWO HUNDRED FIFTY-NINE-S of  this  article,  and
when and under what conditions;
  S 9. This act shall take effect immediately; provided that:
  (a)  the amendments to paragraph (a) of subdivision 1 of section 259-r
of the executive law made by section one of this act shall be subject to
the expiration and reversion of such paragraph pursuant to chapter 3  of
the  laws  of  1995,  as  amended, when upon such date the provisions of
section two of this act shall take effect;
  (b) the amendments to the section heading, paragraph (a)  of  subdivi-
sion  1, paragraph (b) of subdivision 1, subdivision 2 and subdivision 4
of section 259-r of the executive law made by sections one, two,  three,
four and five, respectively, of this act shall not affect the expiration
of such section and shall be deemed to expire therewith; and
  (c) the amendments to subparagraph (v) of paragraph (a) of subdivision
1  of section 70.40 of the penal law and the amendments to subdivision 1
of section 259-c of the executive law made by sections seven and  eight,
respectively,  of this act shall not affect the expiration of such para-
graph and subdivision and shall be deemed to expire therewith.

                                 PART K

  Section 1. Subdivision 5 of section  177  of  the  correction  law  is
renumbered  subdivision  6  and  a new subdivision 5 is added to read as
follows:
  5. THE COMMISSIONER SHALL BE AUTHORIZED TO ENTER  INTO  AGREEMENTS  TO
SELL  FOOD  AND DRINK PRODUCTS MADE AT THE FOOD PRODUCTION CENTER OF THE
DEPARTMENT TO FOOD KITCHENS, HOMELESS SHELTERS  AND  OTHER  ELEEMOSYNARY
ORGANIZATIONS  FUNDED  IN  WHOLE  OR  IN PART BY FEDERAL, STATE OR LOCAL
FUNDS AND TO COUNTIES FOR GOVERNMENTAL PURPOSES.  ALL PROCEEDS FROM SUCH
SALES SHALL BE DEPOSITED INTO AN ACCOUNT WHICH SHALL ONLY  BE  USED  FOR
THE  CONTINUED  OPERATION  OF THE FOOD PRODUCTION CENTER. THE CHARGE FOR
THESE PRODUCTS, INCLUDED IN THE AGREEMENTS BETWEEN THE COMMISSIONER  AND
THESE  ELEEMOSYNARY ORGANIZATIONS, SHALL NOT EXCEED THE COSTS ASSOCIATED
WITH THE PRODUCTION AND TRANSPORTATION OF THE  PRODUCTS  FOR  SALE.  THE
COMMISSIONER  MAY, IN HIS OR HER DISCRETION, AND BY WHATEVER MEANS HE OR
SHE DEEMS APPROPRIATE, NOTIFY SUCH ORGANIZATIONS OF THE AVAILABILITY  OF
SUCH PRODUCTS FOR SALE.
  S 2. This act shall take effect immediately.

                                 PART L

  Section  1.  Subdivision  1  of  section 865 of the correction law, as
amended by chapter 738 of the laws  of  2004,  is  amended  to  read  as
follows:
  1. "Eligible inmate" means a person sentenced to an indeterminate term
of  imprisonment  who  will become eligible for release on parole within
three years or sentenced to a determinate term of imprisonment who  will
become  eligible for conditional release within three years, who has not

S. 56--B                           23                          A. 156--B

reached the age of [forty] FIFTY years,  who  has  not  previously  been
convicted of a felony upon which an indeterminate or determinate term of
imprisonment  was  imposed  and  who was between the ages of sixteen and
[forty]  FIFTY  years  at the time of commission of the crime upon which
his or her present sentence  was  based  except,  however,  an  eligible
inmate  shall  not include a person sentenced [to a determinate sentence
of three and one-half years or more] as a second  felony  drug  offender
pursuant  to  subdivision [three] FOUR of section 70.70 of the penal law
for a conviction of a class B felony  offense  defined  in  article  two
hundred  twenty  of  the  penal law.   Notwithstanding the foregoing, no
person who is convicted of any of the following crimes shall  be  deemed
eligible to participate in this program: (a) a violent felony offense as
defined  in article seventy of the penal law, (b) an A-I felony offense,
(c) [manslaughter in the second degree, vehicular  manslaughter  in  the
second degree, vehicular manslaughter in the first degree, and criminal-
ly  negligent]  ANY  homicide  OFFENSE as defined in article one hundred
twenty-five of the penal law, (d) [rape in the second  degree,  rape  in
the  third  degree,  criminal  sexual act in the second degree, criminal
sexual act in the third degree, attempted  sexual  abuse  in  the  first
degree, attempted rape in the second degree and attempted criminal sexu-
al act in the second degree] ANY FELONY SEX OFFENSE as defined in [arti-
cles  one  hundred  ten and] ARTICLE one hundred thirty of the penal law
and (e) any escape or absconding  offense  as  defined  in  article  two
hundred five of the penal law.
  S  2.  Subdivision 2 of section 865 of the correction law, as added by
chapter 261 of the laws of 1987, is amended to read as follows:
  2. "Shock incarceration program" means a  program  pursuant  to  which
eligible inmates are selected [directly at reception centers] to partic-
ipate  in the program and serve a period of six months in a shock incar-
ceration facility,  which  shall  provide  rigorous  physical  activity,
intensive  regimentation  and  discipline and rehabilitation therapy and
programming.  SUCH INMATES MAY BE SELECTED EITHER: (I)  AT  A  RECEPTION
CENTER;  OR  (II)  AT  A GENERAL CONFINEMENT FACILITY WHEN THE OTHERWISE
ELIGIBLE INMATE THEN BECOMES ELIGIBLE FOR RELEASE ON PAROLE WITHIN THREE
YEARS IN THE CASE OF AN INDETERMINATE  TERM  OF  IMPRISONMENT,  OR  THEN
BECOMES  ELIGIBLE FOR CONDITIONAL RELEASE WITHIN THREE YEARS IN THE CASE
OF A DETERMINATE TERM OF IMPRISONMENT.
  S 3. Subdivision 2 of section 866 of the correction law, as  added  by
chapter 261 of the laws of 1987, is amended to read as follows:
  2.  [For  each reception center the] THE commissioner shall appoint or
cause to be appointed a shock incarceration selection committee  AT  ONE
OR  MORE DESIGNATED CORRECTIONAL FACILITIES, which shall meet on a regu-
larly scheduled basis to review ALL ELIGIBLE INMATES TRANSFERRED TO SUCH
FACILITY FOR SCREENING AND all applications for the shock  incarceration
program.
  S  4.  The  correction law is amended by adding a new section 803-b to
read as follows:
  S 803-B. LIMITED CREDIT TIME ALLOWANCES FOR INMATES SERVING INDETERMI-
NATE OR DETERMINATE SENTENCES IMPOSED FOR SPECIFIED OFFENSES.  1.  DEFI-
NITIONS.  AS  USED  IN  THIS  SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "ELIGIBLE OFFENDER" MEANS  A  PERSON  UNDER  THE  CUSTODY  OF  THE
DEPARTMENT  OR  CONFINED  IN  A  FACILITY  IN  THE  DEPARTMENT OF MENTAL
HYGIENE, OTHER THAN A PERSON WHO IS SUBJECT TO A  SENTENCE  IMPOSED  FOR
MURDER  IN  THE  FIRST  DEGREE AS DEFINED IN SECTION 125.27 OF THE PENAL
LAW, AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF SUCH LAW, OR AN

S. 56--B                           24                          A. 156--B

ATTEMPT OR A CONSPIRACY TO COMMIT ANY SUCH  OFFENSE,  WHO  IS  OTHERWISE
SUBJECT TO:
  (I) AN INDETERMINATE SENTENCE IMPOSED FOR ANY CLASS A-I FELONY OFFENSE
OTHER  THAN  CRIMINAL  POSSESSION OF A CONTROLLED SUBSTANCE IN THE FIRST
DEGREE AS DEFINED IN SECTION 220.21 OF THE PENAL LAW OR CRIMINAL SALE OF
A CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION  220.43
OF  SUCH  LAW  OR  AN  ATTEMPT OR A CONSPIRACY TO COMMIT SUCH CONTROLLED
SUBSTANCE OFFENSE; OR
  (II) AN INDETERMINATE OR DETERMINATE SENTENCE IMPOSED FOR  AN  OFFENSE
LISTED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW; OR
  (III)  AN INDETERMINATE OR DETERMINATE SENTENCE IMPOSED FOR AN OFFENSE
DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW.
  (B) "LIMITED CREDIT TIME BENEFIT" MEANS:
  (I) IN THE CASE OF AN ELIGIBLE OFFENDER WHO IS SUBJECT TO AN  INDETER-
MINATE  SENTENCE WITH A MAXIMUM TERM OF LIFE IMPRISONMENT, SUCH OFFENDER
SHALL BE ELIGIBLE FOR RELEASE SIX MONTHS BEFORE THE  COMPLETION  OF  THE
CONTROLLING MINIMUM PERIOD OF IMPRISONMENT AS DEFINED BY SUBDIVISION ONE
OF SECTION 70.40 OF THE PENAL LAW; OR
  (II)  (A) IN THE CASE OF AN ELIGIBLE OFFENDER WHO IS NOT SUBJECT TO AN
INDETERMINATE SENTENCE WITH A MAXIMUM TERM OF  LIFE  IMPRISONMENT,  SUCH
OFFENDER  SHALL  BE  ELIGIBLE FOR CONDITIONAL RELEASE SIX MONTHS EARLIER
THAN AS PROVIDED BY PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 70.40 OF
THE PENAL LAW, PROVIDED THAT THE DEPARTMENT DETERMINES SUCH OFFENDER HAS
EARNED THE FULL AMOUNT OF GOOD TIME AUTHORIZED BY SECTION EIGHT  HUNDRED
THREE  OF THIS ARTICLE; THE WITHHOLDING OF ANY GOOD BEHAVIOR TIME CREDIT
BY THE DEPARTMENT SHALL RENDER  AN  INMATE  INELIGIBLE  FOR  THE  CREDIT
DEFINED HEREIN;
  (B) IN THE EVENT THE LIMITED CREDIT TIME BENEFIT DEFINED HEREIN CAUSES
SUCH  CONDITIONAL RELEASE DATE TO PRECEDE THE PAROLE ELIGIBILITY DATE AS
CALCULATED PURSUANT TO SUBDIVISION ONE OF SECTION  70.40  OF  THE  PENAL
LAW,  A  LIMITED CREDIT TIME BENEFIT SHALL ALSO BE APPLIED TO THE PAROLE
ELIGIBILITY DATE, BUT ONLY TO THE EXTENT NECESSARY TO CAUSE SUCH  PAROLE
ELIGIBILITY DATE TO BE THE SAME DATE AS THE CONDITIONAL RELEASE DATE;
  (C)  AN  INMATE SHALL NOT BE ELIGIBLE FOR THE CREDIT DEFINED HEREIN IF
HE OR SHE IS RETURNED TO THE DEPARTMENT  PURSUANT  TO  A  REVOCATION  OF
PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL RELEASE, OR POST-RELEASE SUPER-
VISION  AND  HAS  NOT  BEEN  SENTENCED TO AN ADDITIONAL INDETERMINATE OR
DETERMINATE TERM OF IMPRISONMENT.
  (III) REGARDLESS OF THE NUMBER  OF  SENTENCES  TO  WHICH  AN  ELIGIBLE
OFFENDER IS SUBJECT, THE LIMITED CREDIT TIME BENEFIT AUTHORIZED PURSUANT
TO THIS SECTION SHALL BE LIMITED TO A SINGLE SIX-MONTH CREDIT APPLIED TO
SUCH  PERSON'S  PAROLE  ELIGIBILITY DATE PURSUANT TO SUBPARAGRAPH (I) OF
THIS PARAGRAPH OR TO SUCH PERSON'S CONDITIONAL RELEASE DATE PURSUANT  TO
SUBPARAGRAPH (II) OF THIS PARAGRAPH. EXCEPT AS PROVIDED IN CLAUSE (B) OF
SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH, THE LIMITED CREDIT TIME BENEFIT
AUTHORIZED PURSUANT TO THIS SECTION SHALL NOT BE APPLIED TO AN  ELIGIBLE
OFFENDER'S PAROLE ELIGIBILITY DATE AND CONDITIONAL RELEASE DATE.
  (C) "SIGNIFICANT PROGRAMMATIC ACCOMPLISHMENT" MEANS THAT THE INMATE:
  (I) PARTICIPATES IN NO LESS THAN TWO YEARS OF COLLEGE PROGRAMMING; OR
  (II) OBTAINS A MASTERS OF PROFESSIONAL STUDIES DEGREE; OR
  (III)  SUCCESSFULLY PARTICIPATES AS AN INMATE PROGRAM ASSOCIATE FOR NO
LESS THAN TWO YEARS; OR
  (IV) RECEIVES A CERTIFICATION FROM THE STATE DEPARTMENT OF  LABOR  FOR
HIS OR HER SUCCESSFUL PARTICIPATION IN AN APPRENTICESHIP PROGRAM; OR
  (V)  SUCCESSFULLY  WORKS  AS  AN INMATE HOSPICE AID FOR A PERIOD OF NO
LESS THAN TWO YEARS.

S. 56--B                           25                          A. 156--B

  (D) "SERIOUS DISCIPLINARY INFRACTION" OR "OVERALL  POOR  INSTITUTIONAL
RECORD"  SHALL BE DEFINED IN REGULATIONS PROMULGATED BY THE COMMISSIONER
AND NEED NOT BE THE SAME AS THE REGULATIONS PROMULGATED FOR THE  MEANING
OF SERIOUS DISCIPLINARY INFRACTION PURSUANT TO PARAGRAPH (D) OF SUBDIVI-
SION ONE OF SECTION EIGHT HUNDRED THREE OF THIS ARTICLE.
  (E)  "DISQUALIFYING  JUDICIAL DETERMINATION" MEANS A JUDICIAL DETERMI-
NATION THAT THE PERSON, WHILE AN INMATE, COMMENCED OR CONTINUED A  CIVIL
ACTION  OR PROCEEDING OR CLAIM THAT WAS FOUND TO BE FRIVOLOUS AS DEFINED
IN SUBDIVISION (C) OF SECTION EIGHT THOUSAND THREE  HUNDRED  THREE-A  OF
THE  CIVIL PRACTICE LAW AND RULES, OR AN ORDER OF A FEDERAL COURT PURSU-
ANT TO RULE 11 OF THE FEDERAL RULES OF CIVIL  PROCEDURE  IMPOSING  SANC-
TIONS IN AN ACTION COMMENCED BY A PERSON WHILE AN INMATE AGAINST A STATE
AGENCY, OFFICER OR EMPLOYEE.
  2.  EVERY  ELIGIBLE  OFFENDER  UNDER  THE CUSTODY OF THE DEPARTMENT OR
CONFINED IN A FACILITY IN THE DEPARTMENT OF MENTAL HYGIENE  MAY  EARN  A
LIMITED CREDIT TIME ALLOWANCE IF SUCH OFFENDER SUCCESSFULLY PARTICIPATES
IN  THE  WORK  AND  TREATMENT PROGRAM ASSIGNED PURSUANT TO SECTION EIGHT
HUNDRED FIVE OF THIS ARTICLE AND:
  (A) SUCCESSFULLY COMPLETES ONE OR MORE SIGNIFICANT PROGRAMMATIC ACCOM-
PLISHMENTS; AND
  (B) HAS NOT COMMITTED A SERIOUS DISCIPLINARY INFRACTION OR  MAINTAINED
AN  OVERALL  NEGATIVE INSTITUTIONAL RECORD AS DEFINED IN RULES AND REGU-
LATIONS PROMULGATED BY THE COMMISSIONER; AND
  (C) HAS NOT RECEIVED A DISQUALIFYING JUDICIAL DETERMINATION.
  3. NO PERSON SHALL HAVE THE RIGHT TO  DEMAND  OR  REQUIRE  THE  CREDIT
AUTHORIZED BY THIS SECTION. THE COMMISSIONER MAY REVOKE AT ANY TIME SUCH
CREDIT  FOR  ANY  DISCIPLINARY INFRACTION COMMITTED BY THE INMATE OR FOR
ANY FAILURE TO CONTINUE TO PARTICIPATE SUCCESSFULLY IN ANY ASSIGNED WORK
AND TREATMENT PROGRAM AFTER THE CERTIFICATE OF  EARNED  ELIGIBILITY  HAS
BEEN  AWARDED.  ANY  ACTION BY THE COMMISSIONER PURSUANT TO THIS SECTION
SHALL BE DEEMED A JUDICIAL FUNCTION AND SHALL NOT BE REVIEWABLE IF  DONE
IN ACCORDANCE WITH LAW.
  S 5. This act shall take effect immediately.

                                 PART M

  Section  1.  Subparagraph  (ii)  of  paragraph (a) of subdivision 3 of
section 259-i of the executive law is REPEALED and  subparagraphs  (iii)
and (iv) are renumbered subparagraphs (ii) and (iii).
  S 2. Section 601-c of the correction law is REPEALED and a new section
601-c is added to read as follows:
  S  601-C.  FELONY PRISONERS; REIMBURSEMENT FOR COSTS.  NOTWITHSTANDING
ANY OTHER PROVISION OF  LAW,  IN  ANY  CASE  WHERE  A  PERSON  HAS  BEEN
CONVICTED  OF A FELONY AND A SENTENCE HAS BEEN PRONOUNCED WHICH REQUIRES
THAT HE OR SHE BE COMMITTED TO THE CUSTODY OF THE COMMISSIONER, IF  SUCH
PERSON  HAS NOT BEEN ACCEPTED FOR CUSTODY BY THE COMMISSIONER WITHIN TEN
BUSINESS DAYS OF RECEIPT OF A WRITTEN  NOTIFICATION  BY  THE  DEPARTMENT
FROM THE APPROPRIATE LOCAL OFFICIAL THAT HE OR SHE IS PREPARED TO TRANS-
PORT  SUCH PERSON TO THE FACILITY DESIGNATED BY THE DEPARTMENT, PROVIDED
THAT THERE HAS BEEN COMPLIANCE  WITH  SUBDIVISION  (A)  OF  SECTION  SIX
HUNDRED  ONE  OF  THIS ARTICLE, AND PROVIDED FURTHER THAT SUCH PERSON IS
NOT IN NEED OF IMMEDIATE MEDICAL CARE REQUIRING THE  AVAILABILITY  OF  A
HOSPITAL  OR  INFIRMARY BED, THEN THE EXPENSE OF MAINTAINING SUCH PERSON
SHALL BE PAID BY THE STATE AT THE RATE OF ONE HUNDRED  DOLLARS  PER  DAY
PER  CAPITA,  OR  THE ACTUAL PER DAY PER CAPITA COST AS CERTIFIED BY THE

S. 56--B                           26                          A. 156--B

APPROPRIATE LOCAL OFFICIAL, WHICHEVER IS LESS, BEGINNING WITH THE  FIRST
DAY OF RECEIPT OF WRITTEN NOTIFICATION BY THE DEPARTMENT.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2009.

                                 PART N

  Section 1.  Section 259-a of the executive law is amended by adding  a
new subdivision 4-a to read as follows:
  4-A.  TO  FACILITATE THE SUPERVISION OF ALL INMATES RELEASED ON PAROLE
OR CONDITIONAL RELEASE, OR TO POST-RELEASE SUPERVISION, THE CHAIRMAN  OF
THE STATE BOARD OF PAROLE SHALL CONSIDER THE IMPLEMENTATION OF A PROGRAM
OF  GRADUATED SANCTIONS, INCLUDING BUT NOT LIMITED TO THE UTILIZATION OF
A RISK AND NEEDS ASSESSMENT INSTRUMENT THAT WOULD BE ADMINISTERED TO ALL
INMATES ELIGIBLE FOR PAROLE SUPERVISION. SUCH A  PROGRAM  WOULD  INCLUDE
VARIOUS  COMPONENTS INCLUDING APPROACHES THAT CONCENTRATE SUPERVISION ON
NEW RELEASES, ALTERNATIVES TO INCARCERATION FOR TECHNICAL PAROLE  VIOLA-
TORS AND THE USE OF ENHANCED TECHNOLOGIES.
  S  2. Subdivision 4 of section 259-c of the executive law, as added by
chapter 904 of the laws of 1977, is amended to read as follows:
  4. establish written guidelines for its use in making parole decisions
as required by law, including the fixing of minimum periods of imprison-
ment or ranges thereof for different categories of offenders. SUCH WRIT-
TEN GUIDELINES MAY CONSIDER THE USE  OF  A  RISK  AND  NEEDS  ASSESSMENT
INSTRUMENT TO ASSIST MEMBERS OF THE STATE BOARD OF PAROLE IN DETERMINING
WHICH INMATES MAY BE RELEASED TO PAROLE SUPERVISION;
  S 3. Subdivision 16 of section 296 of the executive law, as amended by
chapter 639 of the laws of 2007, is amended to read as follows:
  16.  It  shall  be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
involved,  any arrest or criminal accusation of such individual not then
pending against that individual which was followed by a  termination  of
that  criminal  action  or  proceeding  in  favor of such individual, as
defined in subdivision two of section 160.50 of the  criminal  procedure
law,  or  by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law, or by a  conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure  law  in  connection with the licensing, employment or providing of
credit or insurance to such individual; provided,  [however,  that  the]
FURTHER,  NO  PERSON SHALL BE REQUIRED TO DIVULGE INFORMATION PERTAINING
TO ANY ARREST OR CRIMINAL ACCUSATION OF SUCH INDIVIDUAL NOT THEN PENDING
AGAINST THAT INDIVIDUAL WHICH WAS FOLLOWED  BY  A  TERMINATION  OF  THAT
CRIMINAL ACTION OR PROCEEDING IN FAVOR OF SUCH INDIVIDUAL, AS DEFINED IN
SUBDIVISION TWO OF SECTION 160.50 OF THE CRIMINAL PROCEDURE LAW, OR BY A
YOUTHFUL OFFENDER ADJUDICATION, AS DEFINED IN SUBDIVISION ONE OF SECTION
720.35 OF THE CRIMINAL PROCEDURE LAW, OR BY A CONVICTION FOR A VIOLATION
SEALED  PURSUANT  TO  SECTION  160.55 OF THE CRIMINAL PROCEDURE LAW. THE
provisions [hereof] OF THIS SUBDIVISION shall not apply to the licensing
activities of governmental bodies in relation to the regulation of guns,
firearms and other deadly weapons or in relation to an  application  for
employment  as  a  police  officer  or  peace officer as those terms are
defined in subdivisions thirty-three and thirty-four of section 1.20  of
the criminal procedure law; provided further that the provisions of this

S. 56--B                           27                          A. 156--B

subdivision  shall not apply to an application for employment or member-
ship in any law enforcement agency with respect to any arrest or  crimi-
nal  accusation  which was followed by a youthful offender adjudication,
as  defined  in subdivision one of section 720.35 of the criminal proce-
dure law, or by a conviction for a violation sealed pursuant to  section
160.55 of the criminal procedure law.
  S  4.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009.

                                 PART O

  Section 1. Subdivision 6 of section 390.30 of the  criminal  procedure
law,  as  amended by chapter 216 of the laws of 1999, is amended to read
as follows:
  6. Interim probation supervision. (A) In  any  case  where  the  court
determines that a defendant is eligible for a sentence of probation, the
court,  after  consultation  with the prosecutor and upon the consent of
the defendant, may adjourn the sentencing to a specified date and  order
that  the  defendant  be  placed on interim probation supervision. In no
event may the sentencing be adjourned for a period  exceeding  one  year
from  the date the conviction is entered. When ordering that the defend-
ant be placed on interim probation supervision, the court  shall  impose
all  of  the conditions relating to supervision specified in subdivision
three of section 65.10 of the penal law and THE COURT may impose any  or
all  of  the conditions relating to conduct and rehabilitation specified
in subdivisions two, four [and], five AND FIVE-A  of  section  65.10  of
such  law[;  provided,  however, that the]. THE defendant must receive a
written copy of any such conditions at the time he or she is  placed  on
interim probation supervision. The defendant's record of compliance with
such  conditions,  as  well  as any other relevant information, shall be
included in the  presentence  report,  or  updated  presentence  report,
prepared  pursuant  to  this  section,  and the court must consider such
record and information when pronouncing sentence.  IF A DEFENDANT SATIS-
FACTORILY COMPLETES A TERM OF INTERIM PROBATION SUPERVISION, HE  OR  SHE
SHALL  RECEIVE  CREDIT  FOR  THE TIME SERVED UNDER THE PERIOD OF INTERIM
PROBATION SUPERVISION TOWARD ANY PROBATION SENTENCE THAT IS SUBSEQUENTLY
IMPOSED IN THAT CASE.
  (B) IN  ITS  DISCRETION,  THE  SUPERVISING  PROBATION  DEPARTMENT  MAY
UTILIZE  THE  PROVISIONS  OF  SECTIONS  410.20,  410.30, 410.40, 410.50,
410.60 AND 410.92 OF THIS TITLE, WHERE APPLICABLE.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
become  a law, provided, however, that a defendant serving a sentence of
probation supervision on the effective date of this act shall  have  his
or  her probation sentence credited with any period of interim probation
supervision that he or she satisfactorily completed prior to the imposi-
tion of that probation sentence.

                                 PART P

  Intentionally omitted.

                                 PART Q

  Section 1. Subdivision 3 of section 45 of the correction law, as added
by chapter 865 of the laws of 1975, is amended to read as follows:

S. 56--B                           28                          A. 156--B

  3. [Visit] EXCEPT IN CIRCUMSTANCES INVOLVING HEALTH, SAFETY OR ALLEGED
VIOLATIONS OF  ESTABLISHED  STANDARDS  OF  THE  COMMISSION,  VISIT,  AND
inspect CORRECTIONAL FACILITIES CONSISTENT WITH A SCHEDULE DETERMINED BY
THE  CHAIRMAN  OF  THE  COMMISSION,  TAKING INTO CONSIDERATION AVAILABLE
RESOURCES,  WORKLOAD  AND  STAFFING, and appraise the management of SUCH
correctional facilities with specific attention to matters such as safe-
ty, security, health of  inmates,  sanitary  conditions,  rehabilitative
programs,  disturbance and fire prevention and control preparedness, and
adherence to laws and regulations governing the rights of inmates.
  S 2. Subdivisions 9 and 9-a of section 45 of the  correction  law  are
REPEALED.
  S 3. Subdivision 11 of section 45 of the correction law is REPEALED.
  S  4.  Section  837-a  of the executive law is amended by adding a new
subdivision 9 to read as follows:
  9. IN CONSULTATION WITH THE STATE COMMISSION  OF  CORRECTION  AND  THE
MUNICIPAL  POLICE  TRAINING  COUNCIL,  ESTABLISH  AND MAINTAIN BASIC AND
OTHER CORRECTIONAL TRAINING PROGRAMS  FOR  SUCH  PERSONNEL  EMPLOYED  BY
CORRECTIONAL  FACILITIES  AS THE COMMISSIONER SHALL DEEM NECESSARY. SUCH
BASIC CORRECTIONAL TRAINING PROGRAM SHALL BE SATISFACTORILY COMPLETED BY
SUCH PERSONNEL PRIOR TO THEIR UNDERTAKING THEIR  DUTIES  OR  WITHIN  ONE
YEAR  FOLLOWING  THE  DATE  OF THEIR APPOINTMENT OR AT SUCH TIMES AS THE
COMMISSIONER MAY PRESCRIBE.   PROVIDED, HOWEVER, THE  COMMISSIONER  MAY,
AFTER  CONSULTATION WITH THE STATE COMMISSION OF CORRECTION, EXEMPT FROM
SUCH REQUIREMENT PERSONNEL EMPLOYED BY ANY CORRECTIONAL FACILITY  WHICH,
IN  THE  OPINION  OF  THE  COMMISSIONER,  MAINTAINS A BASIC CORRECTIONAL
TRAINING PROGRAM OF A STANDARD EQUAL TO OR HIGHER THAN THAT  ESTABLISHED
AND  MAINTAINED  BY  THE  DIVISION;  OR  REVOKE IN WHOLE OR IN PART SUCH
EXEMPTION, IF IN HIS OR HER OPINION THE STANDARDS OF THE  BASIC  CORREC-
TIONAL TRAINING PROGRAM MAINTAINED BY SUCH FACILITY ARE LOWER THAN THOSE
ESTABLISHED PURSUANT TO THIS ARTICLE.
  S  5. Subdivision 3 of section 840 of the executive law, as amended by
chapter 155 of the laws of 2008, is amended and a new subdivision 2-a is
added to read as follows:
  2-A. THE  COUNCIL,  IN  CONSULTATION  WITH  THE  STATE  COMMISSION  OF
CORRECTION, SHALL PROMULGATE RULES AND REGULATIONS WITH RESPECT TO:
  (A)  THE  APPROVAL,  OR REVOCATION THEREOF, OF BASIC AND OTHER CORREC-
TIONAL TRAINING PROGRAMS ADMINISTERED BY MUNICIPALITIES;
  (B) MINIMUM COURSES OF STUDY, ATTENDANCE REQUIREMENTS,  AND  EQUIPMENT
AND  FACILITIES  TO BE REQUIRED AT APPROVED BASIC AND OTHER CORRECTIONAL
TRAINING PROGRAMS;
  (C) MINIMUM QUALIFICATIONS FOR INSTRUCTORS AT APPROVED BASIC AND OTHER
CORRECTIONAL TRAINING PROGRAMS; AND
  (D) THE REQUIREMENTS OF A MINIMUM BASIC CORRECTIONAL TRAINING  PROGRAM
REQUIRED  BY SUBDIVISION NINE OF SECTION EIGHT HUNDRED THIRTY-SEVEN-A OF
THIS ARTICLE.
  3. The council shall, in addition:  (a) Consult with, advise and  make
recommendations  to the commissioner with respect to the exercise of his
OR HER functions, powers and  duties  as  set  forth  in  section  eight
hundred forty-one of this article;
  (b)  Recommend  studies, surveys and reports to be made by the commis-
sioner regarding the carrying out of the objectives and purposes of this
section;
  (c) Visit and inspect any  police  training  school  AND  CORRECTIONAL
TRAINING  PROGRAMS approved by the commissioner or for which application
for such approval has been made;

S. 56--B                           29                          A. 156--B

  (d) Make recommendations, from time to time, to the commissioner,  the
governor and the legislature, regarding the carrying out of the purposes
of this section;
  (e)  Perform  such  other  acts  as may be necessary or appropriate to
carry out the functions of the council;
  (f) Develop, maintain and disseminate, in consultation with the  state
office  for  the  prevention  of domestic violence, written policies and
procedures consistent with article eight of the  family  court  act  and
applicable  provisions  of the criminal procedure and domestic relations
laws, regarding the investigation of and intervention by new and veteran
police officers in incidents  of  family  offenses.  Such  policies  and
procedures  shall  make  provisions  for  education  and training in the
interpretation and  enforcement  of  New  York's  family  offense  laws,
including but not limited to:
  (1)  intake  and  recording  of  victim  statements, on a standardized
"domestic violence incident report form" promulgated by the division  of
criminal  justice  services  in  consultation with the superintendent of
state police, representatives of  local  police  forces  and  the  state
office  for  the  prevention of domestic violence, and the investigation
thereof so as to ascertain whether a crime has  been  committed  against
the victim by a member of the victim's family or household as such terms
are  defined in section eight hundred twelve of the family court act and
section 530.11 of the criminal procedure law; and
  (2) the need for immediate intervention in family  offenses  including
the  arrest  and detention of alleged offenders, pursuant to subdivision
four of section 140.10 of the  criminal  procedure  law,  and  notifying
victims  of  their  rights,  including  but  not  limited to immediately
providing the victim with the written notice required in subdivision six
of section 530.11 of the criminal procedure law and subdivision five  of
section eight hundred twelve of the family court act; [and]
  (g)  Develop, maintain and disseminate, in consultation with the state
division of human rights and the state civil service department, written
policies and procedures  to  enhance  police  AND  CORRECTIONAL  officer
recruitment  efforts  and  to  increase  police AND CORRECTIONAL OFFICER
awareness of racial, ethnic, religious and gender differences, and other
diversity issues, in communities served by such police[.] AND IN CORREC-
TIONAL FACILITIES; AND
  (H) CONSULT WITH THE STATE COMMISSION OF CORRECTION REGARDING  CORREC-
TIONAL TRAINING PROGRAMS.
  S  6.  Section  841 of the executive law, as amended by chapter 843 of
the laws of 1980, subdivision 3 as amended by chapter 551 of the laws of
2001, subdivision 9 as added by chapter 847 of  the  laws  of  1986,  is
amended to read as follows:
  S 841. Functions,  powers  and duties of the commissioner with respect
to the council. In addition to the functions, powers and  duties  other-
wise  provided by this article, the commissioner shall, with the general
advice of the council, and, in the case of  subdivisions  one,  two  and
three  OF  THIS  SECTION,  only in accordance with rules and regulations
promulgated by the governor pursuant to section eight hundred  forty-two
OF THIS ARTICLE:
  1.  Approve police training schools administered by municipalities and
issue certificates of approval to such schools, and revoke such approval
or certificate;
  1-A. APPROVE CORRECTIONAL TRAINING PROGRAMS  ADMINISTERED  BY  MUNICI-
PALITIES AND ISSUE CERTIFICATES OF APPROVAL TO SUCH PROGRAMS, AND REVOKE
SUCH APPROVAL OR CERTIFICATE;

S. 56--B                           30                          A. 156--B

  2.  Certify,  as  qualified,  instructors  at approved police training
schools and issue appropriate certificates to such instructors;
  2-A.  CERTIFY,  AS  QUALIFIED,  INSTRUCTORS  AT  APPROVED CORRECTIONAL
TRAINING PROGRAMS AND ISSUE APPROPRIATE CERTIFICATES  TO  SUCH  INSTRUC-
TORS;
  3.  Certify police officers and peace officers who have satisfactorily
completed basic training programs and issue certificates to such  police
officers  and  peace  officers,  including  the  issuance of equivalency
certificates for basic training certificates issued to  peace  officers,
where  such officers received a certificate for successful completion of
a basic training for police officers program or an approved  course  for
state  university  of New York public safety officers during a period in
which such peace officer was not employed  as  a  police  officer,  upon
demonstration  of adequate equivalent training, the completion of super-
vised field training, requisite job-related law  enforcement  experience
as determined by the commissioner, and if deemed necessary, the success-
ful  completion  of relevant police officer training courses pursuant to
section two hundred nine-q of the general municipal law;
  3-A. CERTIFY CORRECTION OFFICERS  WHO  HAVE  SATISFACTORILY  COMPLETED
BASIC  CORRECTIONAL  TRAINING  PROGRAMS  AND  ISSUE CERTIFICATES TO SUCH
CORRECTION OFFICERS;
  4. Cause studies and surveys to be made relating to the establishment,
operation and approval of municipal police training schools AND  CORREC-
TIONAL TRAINING PROGRAMS;
  5.  Consult  with and cooperate with municipal police training schools
AND CORRECTIONAL TRAINING  PROGRAMS  for  the  development  of  advanced
in-service  training programs for police officers [and], peace officers,
AND CORRECTION OFFICERS and issue  appropriate  certificates  to  police
officers  [and],  peace  officers, AND CORRECTION OFFICERS, attesting to
their satisfactory completion of such advanced training programs;
  6. Consult with and cooperate with universities, colleges  and  insti-
tutes  in  the state for the development of specialized courses of study
for police officers [and], peace officers, AND  CORRECTION  OFFICERS  in
police science [and], police administration, AND CRIMINAL JUSTICE;
  7.  Consult  with and cooperate with other departments and agencies of
the state concerned with police officer and peace officer training;
  7-A.  CONSULT  WITH  AND  COOPERATE  WITH  THE  STATE  COMMISSION   OF
CORRECTION  AND  OTHER  DEPARTMENTS  AND AGENCIES OF THE STATE CONCERNED
WITH CORRECTION OFFICER TRAINING;
  8. Report to the council at each regular meeting of the council and at
such other times as may be appropriate[.]; AND
  9. Prepare, update and distribute to appropriate law enforcement offi-
cials the form and content of the written notice required to be given to
victims of family offenses pursuant to subdivision five of section eight
hundred twelve of the family court act and subdivision  six  of  section
530.11 of the criminal procedure law.
  S  7.  Subdivisions  6  and 10 of section 45 of the correction law, as
added by chapter 865 of the  laws  of  1975,  are  amended  to  read  as
follows:
  6. Promulgate rules and regulations establishing minimum standards for
THE REVIEW OF THE CONSTRUCTION OR IMPROVEMENT OF CORRECTIONAL FACILITIES
AND  the  care, custody, correction, treatment, supervision, discipline,
and other correctional programs for all persons confined in correctional
facilities. Such rules and regulations shall be forwarded to the  gover-
nor, the temporary president of the senate and the speaker of the assem-

S. 56--B                           31                          A. 156--B

bly  no later than January first, nineteen hundred seventy-six and annu-
ally thereafter.
  10. Approve or reject plans and specifications for the construction or
improvement  of  correctional facilities THAT DIRECTLY AFFECT THE HEALTH
OF INMATES AND STAFF, SAFETY, OR SECURITY.
  S 8. Subdivision 2 of section 504 of the correction law, as amended by
chapter 506 of the laws of 1982, is amended to read as follows:
  2. Where the jail in a county becomes unfit or unsafe for the confine-
ment of some or all of the inmates due to an inmate  disturbance  [or  a
natural  disaster including but not limited to flood, earthquake, hurri-
cane, landslide or fire,] or other extraordinary circumstances,  INCLUD-
ING BUT NOT LIMITED TO A NATURAL DISASTER, UNANTICIPATED DEFICIENCIES IN
THE  STRUCTURAL  INTEGRITY OF A FACILITY OR THE INABILITY TO PROVIDE ONE
OR MORE INMATES WITH ESSENTIAL SERVICES SUCH AS MEDICAL CARE,  upon  the
request  of  the  municipal  official  as defined in subdivision four of
section forty of this chapter and no other  suitable  place  within  the
county  nor  the  jail  of  any other county is immediately available to
house some or all of  the  inmates,  the  commissioner  of  correctional
services [is hereby authorized and empowered to] MAY, IN HIS OR HER SOLE
DISCRETION,  make  available,  upon  such terms and conditions as he may
deem appropriate, all or any part of a  state  correctional  institution
for  the confinement of some or all of such inmates as an adjunct to the
county jail for a period not to exceed  thirty  days.  However,  if  the
county  jail  remains unfit or unsafe for the confinement of some or all
of such inmates beyond thirty days, the state commission of  correction,
with  the  consent  of  the  commissioner  of correctional services, may
extend the availability of a state correctional institution for  one  or
more  additional thirty day periods.  The state commission of correction
shall promulgate rules and regulations governing the temporary  transfer
of  inmates to state correctional institutions from county jails includ-
ing but not limited to provisions for confinement of such inmates in the
nearest correctional facility, to the maximum extent practicable, taking
into  account  necessary  security.  The  COMMISSIONER  OF  CORRECTIONAL
SERVICES  MAY, IN HIS OR HER SOLE DISCRETION, BASED ON STANDARDS PROMUL-
GATED BY THE DEPARTMENT, DETERMINE WHETHER A county shall reimburse  the
state  for  ANY OR ALL OF the actual costs of confinement as approved by
the director of the division of the budget. On or before the  expiration
of  each thirty day period, the state commission of correction must make
an appropriate designation pursuant to subdivision  one  if  the  county
jail  remains  unfit or unsafe for the confinement of some or all of the
inmates and consent to the continued availability of a state correction-
al institution as required for herein.  The superintendence,  management
and  control  of  a  state correctional institution or part thereof made
available pursuant hereto and the inmates housed  therein  shall  be  as
directed by the commissioner of correctional services.
  S  9.  This act shall take effect immediately; provided, however, that
sections two, four, five and six of this act shall take  effect  on  the
one hundred eightieth day after it shall have become a law.

                                 PART R

  Section 1. Paragraph (b) of subdivision 2 of section 29-c of the exec-
utive  law, as amended by chapter 169 of the laws of 1994, is amended to
read as follows:
  (b) The amount of such  fee  shall  be  [determined  annually  by  the
commission  taking  into  account the costs of such responsibilities not

S. 56--B                           32                          A. 156--B

otherwise provided for and unexpended amounts of previous fees  paid  by
any  such  licensee.  In  no  event shall an annual fee for any facility
exceed five hundred fifty thousand] ONE MILLION dollars. Such fee, which
shall  be payable to the commission on or before [April] DECEMBER first,
shall be expended or distributed only by appropriation.
  S 2. Subdivision 4 of section 29-c of the executive law is REPEALED.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2009, provided,
however,  this  act shall not affect obligations or amounts with respect
to fees payable on or before April 1, 2009.

                                 PART S

  Intentionally omitted.

                                 PART T

  Section 1.  Subsection (b) of section 9110 of the  insurance  law,  as
amended  by  section  1  of part Q of chapter 62 of the laws of 2003, is
amended to read as follows:
  (b) The annual fee is hereby imposed at the rate of [five dollars] TEN
DOLLARS per insured motor vehicle registered pursuant to the  provisions
of  paragraph  [(b)] B of subdivision one of section four hundred one of
the vehicle and traffic law.  PROVIDED, HOWEVER, THAT SUCH FEE SHALL  BE
REDUCED  BY  FIFTY PERCENT PER INSURED MOTOR VEHICLE REGISTERED PURSUANT
TO THE PROVISIONS OF PARAGRAPH B OF  SUBDIVISION  ONE  OF  SECTION  FOUR
HUNDRED  ONE OF THE VEHICLE AND TRAFFIC LAW WHERE A POLICY ISSUED IN THE
STATE OR FOR DELIVERY IN THE STATE FOR MOTOR VEHICLE LIABILITY INSURANCE
COVERAGE IS FOR A TERM OF SIX MONTHS OR LESS.  Such  fee  will  be  paid
monthly  by  insurance  companies to the superintendent on or before the
fifteenth  of  the  month  next  succeeding  the  month  in  which  such
collections are received.
  S  2.  Subsection (e) of section 9110 of the insurance law, as amended
by section 1 of part A of chapter 56 of the laws of 2004, is amended  to
read as follows:
  (e) All moneys received by the superintendent which are collected from
policyholders of insurance on [passenger] motor vehicles [subject to the
provisions of paragraph a of subdivision six of section four hundred one
of the vehicle and traffic law] shall be paid [to the state police motor
vehicle  law enforcement account established pursuant to section ninety-
seven-mm of the state finance law] by the tenth day of the month follow-
ing receipt of such collections[. By the end of each  fiscal  year,  any
moneys  paid  to  the state police motor vehicle law enforcement account
established pursuant to section ninety-seven-mm of the state finance law
which exceed sixty million four hundred thousand dollars shall  be  paid
to  the  motor  vehicle theft and insurance fraud prevention fund estab-
lished pursuant to section eighty-nine-d of the state finance  law.]  IN
THE FOLLOWING MANNER:
  (1)  EACH  FISCAL  YEAR, THE FIRST FOUR MILLION SEVEN HUNDRED THOUSAND
DOLLARS SHALL BE PAID TO THE MOTOR VEHICLE  THEFT  AND  INSURANCE  FRAUD
PREVENTION  FUND  ESTABLISHED  PURSUANT  TO SECTION EIGHTY-NINE-D OF THE
STATE FINANCE LAW.
  (2) ALL REMAINING MONEYS SHALL BE PAID TO THE STATE POLICE MOTOR VEHI-
CLE LAW ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SECTION  NINETY-SEV-
EN-MM OF THE STATE FINANCE LAW.
  S 3. Subsection (f) of section 9110 of the insurance law is REPEALED.

S. 56--B                           33                          A. 156--B

  S  4.  Subdivision  2  of  section  89-d  of the state finance law, as
amended by chapter 170 of the laws  of  1994,  is  amended  to  read  as
follows:
  2.  Such fund shall consist of all moneys received by the state pursu-
ant to subsection [(f)] (B) of section nine thousand one hundred ten  of
the  insurance law [including any moneys received by the state] THAT ARE
TRANSFERRED TO THE FUND pursuant to PARAGRAPH ONE OF subsection  (e)  of
section  nine  thousand  one  hundred ten of the insurance law [that are
transfered to the fund] and all other grants, bequests or  other  moneys
appropriated,  credited  or  transferred  thereto from any other fund or
source pursuant to law.
  S 5. Subdivisions 2 and 3 of section 97-mm of the state  finance  law,
as amended by section 2 of part A of chapter 56 of the laws of 2004, are
amended to read as follows:
  2.  The  state  police  motor  vehicle  law  enforcement account shall
consist of all moneys received by the state pursuant to subsection [(e)]
(B) of section nine thousand one hundred ten of the insurance  law  [and
any  moneys  received by the state pursuant to subsection (f) of section
nine thousand one hundred ten of the insurance law] that are transferred
to the account PURSUANT TO PARAGRAPH TWO OF SUBSECTION  (E)  OF  SECTION
NINE THOUSAND ONE HUNDRED TEN OF THE INSURANCE LAW and all other grants,
bequests  or other moneys credited, appropriated, or transferred thereto
from any other fund or source.
  3. Nine million one hundred thousand dollars  annually  of  the  state
police motor vehicle law enforcement account, following appropriation by
the  legislature  and allocation by the director of the budget, shall be
made available for the state operation expenses of the division of state
police including but not limited to the costs of activities relating  to
the  detection, prosecution or reduction of automobile theft and related
purposes. [Fifty-one million three hundred thousand dollars]  ALL  OTHER
FUNDS of the state police motor vehicle law enforcement account, follow-
ing  appropriation  by the legislature and allocation by the director of
the budget, shall be made available for the state operation expenses  of
the  division  of state police including but not limited to the costs of
activities relating to highway safety and public security.
  S 6. Section 7 of part Q of chapter 62 of the laws of  2003,  amending
the  insurance law and other laws relating to motor vehicle law enforce-
ment fees, as amended by section 1 of part M of chapter 56 of  the  laws
of 2008, is amended to read as follows:
  S  7.  This  act shall take effect immediately, provided that sections
one, two and three of this act shall take  effect  June  1,  2003;  [and
provided  further  that the amendments made to subsection (b) of section
9110 of the insurance law made by section one of this act  shall  expire
and  be  deemed  repealed  on  July  1,  2009 and the provisions of such
subsection shall be read as such provisions existed on  the  date  imme-
diately  preceding the effective date of this act;] and provided further
that the amendments made to subsection (e) of section 9110 of the insur-
ance law made by section two of this act  and  the  amendments  made  to
subdivision  3 of section 97-mm of the state finance law made by section
three of this act shall expire and be deemed repealed on March 31,  2004
and the provisions of such subsection and such subdivision shall be read
as  such provisions existed on the date immediately preceding the effec-
tive date of this act.
  S 7. Section 3 of part A of chapter 56 of the laws of  2004,  amending
the  insurance  law  and the state finance law relating to motor vehicle

S. 56--B                           34                          A. 156--B

law enforcement fees, as amended by section 2 of part M of chapter 56 of
the laws of 2008, is amended to read as follows:
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full  force  and  effect  on  and  after  April  1,  2004[;
provided,  however,  that the amendments made to subsections (e) and (f)
of section 9110 of the insurance law made by section  one  of  this  act
shall  expire  and  be  deemed  repealed on March 31, 2009, and provided
further that the amendments made to subdivisions  2  and  3  of  section
97-mm  of  the  state  finance law made by section two of this act shall
expire and be deemed repealed on March 31, 2009].
  S 8. Subdivision (bbb) of section 427 of chapter 55  of  the  laws  of
1992,  amending  the  tax law generally and enacting the omnibus revenue
act of  1992  relating  to  taxes,  surcharges,  fees  and  funding,  is
REPEALED.
  S  9.  Paragraphs  (b)  and  (d) of subdivision 2 and subdivision 3 of
section 846-m of the executive law, as amended by section 4 of part M of
chapter 56 of the laws of 2008, are amended to read as follows:
  (b) Activities eligible for funding include, but are not  limited  to,
the  following:  prosecution  and adjudication services; law enforcement
services; neighborhood or community based programs  designed  to  reduce
the  incidence of motor vehicle theft and motor vehicle insurance fraud;
educational  programs  designed  to  inform  owners  of  motor  vehicles
concerning  activities  designed  to  prevent  the incidence of theft of
motor vehicles and fraudulent claims practices; and programs designed to
examine, evaluate and make recommendations relating to the  efficacy  of
motor  vehicle  theft  prevention  devices or methods including, but not
limited to, passive tracking devices designed to identify  the  location
of  a  motor vehicle at any given point in time and window glass etching
with vehicle identification numbers  or  any  other  unique  identifying
symbol including decal programs such as New York city's operation combat
auto  theft (C.A.T.). Funds provided under this program shall be used to
augment, and not to supplant, the provider agency's current funding,  if
any,  for motor vehicle theft and insurance fraud detection, prevention,
or reduction activities[, and shall only be used to fund pilot  programs
of  a  specified  duration not to extend beyond July first, two thousand
nine].
  (d) The state  comptroller  shall  conduct  an  audit  of  all  moneys
received  and  expended  by the fund as well as all other funds expended
from any other source for the purposes of this program, and shall submit
a written report detailing such audit to the governor and legislature on
or before March first[, two thousand nine.
  3. This article shall expire on July first, two thousand nine] OF EACH
YEAR.
  S 10. Section 9 of part T of chapter 57 of the laws of 2000,  amending
the  state  finance  law  relating  to  a  report  on  automobile  theft
prevention activities of the state police, as amended by  section  5  of
part M of chapter 56 of the laws of 2008, is amended to read as follows:
  S  9.  This  act shall take effect immediately provided, however, that
the amendments to sections 846-j, 846-k, 846-l and 846-m of  the  execu-
tive  law  made  by  this  act  shall  not affect the expiration of such
sections and shall be deemed to expire  therewith[;  provided,  further,
however,  that  the  provisions of subdivision 4 of section 97-mm of the
state finance law, as added by section eight of this act,  shall  expire
and be deemed repealed on July 1, 2009].
  S  11.  The  article  heading of article 36-A of the executive law, as
added by chapter 170 of the laws of 1994, is amended to read as follows:

S. 56--B                           35                          A. 156--B

        NEW YORK MOTOR VEHICLE THEFT AND INSURANCE FRAUD PREVENTION
                         [DEMONSTRATION] PROGRAM
  S  12.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009, provided,
however, that section one of this act shall take effect June 1, 2009.

                                 PART U

  Section 1. Section 2 of chapter 887 of the laws of 1983, amending  the
correction  law  relating to the psychological testing of candidates, as
amended by section 1 of part C of chapter 56 of the  laws  of  2007,  is
amended to read as follows:
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall remain in effect until September 1,
[2009] 2011.
  S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive  law  and  the  criminal  procedure  law  relating to expanding the
geographic area of employment of certain police officers, as amended  by
section  2  of  part  C of chapter 56 of the laws of 2007, is amended to
read as follows:
  S 3. This act shall take effect on the  first  day  of  November  next
succeeding  the  date  on  which  it  shall have become a law, and shall
remain in effect until the first day of September, [2009] 2011, when  it
shall expire and be deemed repealed.
  S  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
correction law and the penal  law  relating  to  prisoner  furloughs  in
certain  cases  and  the  crime  of  absconding therefrom, as amended by
section 3 of part C of chapter 56 of the laws of  2007,  is  amended  to
read as follows:
  S  3.  This act shall take effect 60 days after it shall have become a
law and shall remain in effect until September 1, [2009] 2011.
  S 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other  chapters and laws relating to correctional facilities, as amended
by section 4 of part C of chapter 56 of the laws of 2007, is amended  to
read as follows:
  S 20. This act shall take effect immediately except that section thir-
teen  of  this  act shall expire and be of no further force or effect on
and after September 1, [2009]  2011  and  shall  not  apply  to  persons
committed to the custody of the department after such date, and provided
further that the commissioner of correctional services shall report each
January  first and July first during such time as the earned eligibility
program is in effect, to the chairmen of the senate crime victims, crime
and correction committee,  the  senate  codes  committee,  the  assembly
correction committee, and the assembly codes committee, the standards in
effect  for  earned  eligibility  during the prior six-month period, the
number of inmates subject to the provisions of earned  eligibility,  the
number  who  actually received certificates of earned eligibility during
that period of time, the number of inmates  with  certificates  who  are
granted  parole  upon  their  first consideration for parole, the number
with certificates who are denied parole upon their first  consideration,
and the number of individuals granted and denied parole who did not have
earned eligibility certificates.
  S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending  the tax law and other laws relating to taxes, surcharges, fees

S. 56--B                           36                          A. 156--B

and funding, as amended by section 5 of part C of chapter 56 of the laws
of 2007, is amended to read as follows:
  (q)  the  provisions  of  section  two hundred eighty-four of this act
shall remain in effect until September 1, [2009] 2011 and be  applicable
to all persons entering the program on or before August 31, [2009] 2011.
  S  6.  Section  10  of  chapter  339 of the laws of 1972, amending the
correction law and the  penal  law  relating  to  inmate  work  release,
furlough  and  leave, as amended by section 6 of part C of chapter 56 of
the laws of 2007, is amended to read as follows:
  S 10. This act shall take effect 30 days after it shall have become  a
law  and  shall  remain  in  effect  until September 1, [2009] 2011, and
provided further that the commissioner of  correctional  services  shall
report each January first, and July first, to the chairman of the senate
crime  victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly  codes  commit-
tee,  the  number of eligible inmates in each facility under the custody
and control of the commissioner who have applied  for  participation  in
any  program  offered under the provisions of work release, furlough, or
leave, and the number of such inmates who have been approved for partic-
ipation.
  S 7. Subdivision (c) of section 46 of chapter 60 of the laws  of  1994
relating  to certain provisions which impact upon expenditure of certain
appropriations made by chapter 50 of the laws of 1994 enacting the state
operations budget, as amended by section 7 of part C of  chapter  56  of
the laws of 2007, is amended to read as follows:
  (c)  sections forty-one and forty-two of this act shall expire Septem-
ber 1, [2009] 2011; provided, that the provisions of  section  forty-two
of  this act shall apply to inmates entering the work release program on
or after such effective date; and
  S 8. Section 5 of chapter 554  of  the  laws  of  1986,  amending  the
correction  law  and  the  penal law relating to providing for community
treatment facilities and establishing the crime of absconding  from  the
community treatment facility, as amended by section 8 of part C of chap-
ter 56 of the laws of 2007, is amended to read as follows:
  S  5.  This act shall take effect immediately and shall remain in full
force and effect until September 1, [2009] 2011,  and  provided  further
that the commissioner of correctional services shall report each January
first  and July first during such time as this legislation is in effect,
to the chairmen of  the  senate  crime  victims,  crime  and  correction
committee,  the  senate codes committee, the assembly correction commit-
tee, and the assembly codes committee, the number of individuals who are
released to community treatment facilities during the previous six-month
period, including the total number for each date at  each  facility  who
are  not residing within the facility, but who are required to report to
the facility on a daily or less frequent basis.
  S 9. Subdivision h of section 74 of chapter 3 of  the  laws  of  1995,
amending the correction law and other laws relating to the incarceration
fee,  as  amended  by  section  9 of part C of chapter 56 of the laws of
2007, is amended to read as follows:
  h. Section fifty-two of this act shall be deemed to have been in  full
force and effect on and after April 1, 1995; provided, however, that the
provisions  of  section 189 of the correction law, as amended by section
fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
as amended by section fifty-six of this act, and section fifty-seven  of
this  act shall expire September 1, [2009] 2011, when upon such date the
amendments to the correction law and penal law made by  sections  fifty-

S. 56--B                           37                          A. 156--B

five  and  fifty-six  of  this act shall revert to and be read as if the
provisions of this act had not been  enacted;  provided,  however,  that
sections  sixty-two,  sixty-three  and  sixty-four  of this act shall be
deemed  to have been in full force and effect on and after March 1, 1995
and shall be deemed repealed April  1,  1996  and  upon  such  date  the
provisions  of  subsection  (e) of section 9110 of the insurance law and
subdivision 2 of section 89-d of the state finance law shall  revert  to
and  be  read  as  set  out in law on the date immediately preceding the
effective date of sections sixty-two and sixty-three of this act;
  S 10. Subdivision (z) of section 427 of chapter  55  of  the  laws  of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees  and  funding,  as amended by section 10 of part C of chapter 56 of
the laws of 2007, is amended to read as follows:
  (z) the provisions of section three hundred  eighty-one  of  this  act
shall  apply  to  all persons supervised by the division of parole on or
after the effective date of this act, provided however, that subdivision
9 of section 259-a of the executive  law,  as  added  by  section  three
hundred  eighty-one  of  this  act,  shall expire on September 1, [2009]
2011;
  S 11. Subdivision (aa) of section 427 of chapter 55  of  the  laws  of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees  and  funding,  as amended by section 11 of part C of chapter 56 of
the laws of 2007, is amended to read as follows:
  (aa) the  provisions  of  sections  three  hundred  eighty-two,  three
hundred  eighty-three  and  three  hundred eighty-four of this act shall
expire on September 1, [2009] 2011;
  S 12. Section 12 of chapter 907 of the  laws  of  1984,  amending  the
correction  law,  the New York city criminal court act and the executive
law relating to prison and jail housing and  alternatives  to  detention
and  incarceration programs, as amended by section 12 of part C of chap-
ter 56 of the laws of 2007, is amended to read as follows:
  S 12.  This  act  shall  take  effect  immediately,  except  that  the
provisions  of sections one through ten of this act shall remain in full
force and effect until September 1, [2009]  2011  on  which  date  those
provisions shall be deemed to be repealed.
  S  13.    Subdivision (p) of section 406 of chapter 166 of the laws of
1991, amending the tax law and other laws relating to taxes, as  amended
by section 13 of part C of chapter 56 of the laws of 2007, is amended to
read as follows:
  (p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this  act  shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three  hundred  forty-one  of
this act shall take effect immediately and shall expire November 1, 1993
at  which  time  it  shall  be  deemed  repealed; sections three hundred
forty-five and three hundred forty-six of this  act  shall  take  effect
July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this  act
shall  take  effect immediately and shall expire June 30, 1995 and shall
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and  shall
expire  June 30, 1998 and shall revert to and be read as if this act had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven of this act shall apply to claims filed  on  or  after  such
effective  date; sections three hundred sixty-nine, three hundred seven-
ty-two, three hundred seventy-three, three hundred  seventy-four,  three

S. 56--B                           38                          A. 156--B

hundred  seventy-five  and  three  hundred seventy-six of this act shall
remain in effect until September 1, [2009]  2011,  at  which  time  they
shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
surcharge  provided  in  section  three hundred seventy-four of this act
shall apply to parking violations occurring on or after  said  effective
date;  and  provided  further that the amendments made to section 235 of
the vehicle and traffic law by section three hundred seventy-two of this
act, the amendments made to section 1809 of the vehicle and traffic  law
by sections three hundred thirty-seven and three hundred thirty-eight of
this  act  and  the amendments made to section 215-a of the labor law by
section three hundred seventy-five of this act shall expire on September
1, [2009] 2011 and upon such date the provisions  of  such  subdivisions
and  sections  shall  revert to and be read as if the provisions of this
act had not been enacted; the amendments to  subdivisions  2  and  3  of
section  400.05 of the penal law made by sections three hundred seventy-
seven and three hundred seventy-eight of this act shall expire  on  July
1,  1992  and  upon  such date the provisions of such subdivisions shall
revert and shall be read as if the provisions of this act had  not  been
enacted;  the  state board of law examiners shall take such action as is
necessary to assure that all applicants for examination for admission to
practice as an attorney and counsellor at law shall  pay  the  increased
examination fee provided for by the amendment made to section 465 of the
judiciary  law by section three hundred eighty of this act for any exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
the date prior to the effective date of  this  act;  the  provisions  of
section  306-a  of  the civil practice law and rules as added by section
three hundred eighty-one of this act shall apply to all actions  pending
on  or  commenced on or after September 1, 1991, provided, however, that
for the purposes of this section service of such summons made  prior  to
such  date  shall be deemed to have been completed on September 1, 1991;
the provisions of section three hundred eighty-three of this  act  shall
apply  to  all  money  deposited  in  connection  with  a cash bail or a
partially secured bail bond on or after such  effective  date;  and  the
provisions  of  sections  three  hundred  eighty-four  and three hundred
eighty-five of this act shall  apply  only  to  jury  service  commenced
during  a judicial term beginning on or after the effective date of this
act; provided, however, that nothing contained herein shall be deemed to
affect the application,  qualification,  expiration  or  repeal  of  any
provision  of law amended by any section of this act and such provisions
shall be applied or qualified or shall expire or be deemed  repealed  in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
  S 14. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended  by  section  14 of part C of chapter 56 of the laws of 2007, is
amended to read as follows:
  8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [nine] ELEVEN.
  S 15. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock  device  program,
as amended by section 16 of part C of chapter 56 of the laws of 2007, is
amended to read as follows:
  S  6.  This  act  shall  take  effect  on  the first day of April next
succeeding the date on which it  shall  have  become  a  law;  provided,
however,  that  effective immediately, the addition, amendment or repeal

S. 56--B                           39                          A. 156--B

of any rule or regulation necessary for the implementation of the  fore-
going  sections  of  this  act on their effective date is authorized and
directed to be made and completed on or before such effective  date  and
shall  remain in full force and effect until the first day of September,
[2009] 2011 when upon such date the provisions  of  this  act  shall  be
deemed repealed.
  S 16. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-
ous  provisions, as amended by section 17 of part C of chapter 56 of the
laws of 2007, is amended to read as follows:
  a. sections forty-three through forty-five of this  act  shall  expire
and be deemed repealed on September 1, [2009] 2011;
  S 17. Section 4 of part D of chapter 412 of the laws of 1999, amending
the civil practice law and rules and the court of claims act relating to
prisoner  litigation reform, as amended by section 18 of part C of chap-
ter 56 of the laws of 2007, is amended to read as follows:
  S 4. This act shall take effect 120 days after it shall have become  a
law  and shall remain in full force and effect until September 1, [2009]
2011, when upon such date it shall expire.
  S 18. Subdivision 2 of section 59 of chapter 222 of the laws of  1994,
constituting  the  family  protection and domestic violence intervention
act of 1994, as amended by section 19 of part C of  chapter  56  of  the
laws of 2007, is amended to read as follows:
  2.  Subdivision  4  of section 140.10 of the criminal procedure law as
added by section thirty-two of this act shall  take  effect  January  1,
1996  and  shall  expire  and  be deemed repealed on September 1, [2009]
2011.
  S 19. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal procedure law relating to the use of closed-circuit television  and
other  protective  measures  for  certain child witnesses, as amended by
section 21 of part C of chapter 56 of the laws of 2007,  is  amended  to
read as follows:
  S  5.  This  act  shall take effect immediately and shall apply to all
criminal actions and proceedings commenced prior to the  effective  date
of  this  act  but  still  pending  on such date as well as all criminal
actions and proceedings commenced on or after such  effective  date  and
its provisions shall expire on  September 1, [2009] 2011, when upon such
date the provisions of this act shall be deemed repealed.
  S 20. Section 3 of chapter 688 of the laws of 2003, amending the exec-
utive law relating to enacting the interstate compact for adult offender
supervision,  as  amended  by  section 27 of part C of chapter 56 of the
laws of 2007, is amended to read as follows:
  S 3. This act shall take effect immediately, except that  section  one
of  this  act  shall take effect on the first of January next succeeding
the date on which it shall have become a law, and shall remain in effect
until the first of September, [2009] 2011,  upon  which  date  this  act
shall  be deemed repealed and have no further force and effect; provided
that section one of this act shall only take effect with respect to  any
compacting  state  which  has  enacted  an  interstate  compact entitled
"Interstate compact for adult offender supervision" and having an  iden-
tical  effect  to  that  added  by  section one of this act and provided
further that with respect to any such compacting state, upon the  effec-
tive date of section one of this act, section 259-m of the executive law
is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
added by section one of  this  act,  shall  take  effect;  and  provided
further  that  with respect to any state which has not enacted an inter-

S. 56--B                           40                          A. 156--B

state compact entitled "Interstate compact  for  adult  offender  super-
vision"  and  having an identical effect to that added by section one of
this act, section 259-m of the executive law shall take effect  and  the
provisions  of  section one of this act, with respect to any such state,
shall have no force or effect until such time as such state shall  adopt
an  interstate  compact  entitled "Interstate compact for adult offender
supervision" and having an identical effect to that added by section one
of this act in which case, with respect to such state,  effective  imme-
diately,  section  259-m  of  the  executive  law is deemed repealed and
section 259-mm of the executive law, as added by  section  one  of  this
act, shall take effect.
  S  21.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 20  of
part D of chapter 56 of the laws of 2005, is amended to read as follows:
  d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two[, forty-three] and  forty-four  of
this act shall be deemed repealed on September 1, [2009] 2011;
  S  22.  Subdivision  (r)  of  section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, is REPEALED.
  S 23. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
nal procedure law relating to electronic  court  appearance  in  certain
counties,  as  amended  by chapter 34 of the laws of 2006, is amended to
read as follows:
  S  2.  This  act  shall  take  effect  immediately,  except  that  the
provisions  of  this  act shall be deemed to have been in full force and
effect since July 1, 1992 and the provisions of this  act  shall  expire
September  1, [2009] 2011 when upon such date the provisions of this act
shall be deemed repealed.
  S 24. This act shall take effect immediately.

                                 PART V

  Intentionally omitted.

                                 PART W

  Intentionally omitted.

                                 PART X

  Intentionally omitted.

                                 PART Y

  Intentionally omitted.

                                 PART Z

  Intentionally omitted.

                                 PART AA

  Intentionally omitted.

                                 PART BB

S. 56--B                           41                          A. 156--B

  Intentionally omitted.

                                 PART CC

  Intentionally omitted.

                                 PART DD

  Intentionally omitted.

                                 PART EE

  Intentionally omitted.

                                 PART FF

  Intentionally omitted.

                                 PART GG

  Section  1.  Paragraph  d of subdivision 10 of section 54 of the state
finance law, as added by section 1 of part F of chapter 56 of  the  laws
of 2007, is amended to read as follows:
  d.  Additional  annual  apportionments. Within amounts appropriated in
the state fiscal year commencing April first, two thousand seven and  in
[each  state  fiscal  year  thereafter  through and including] the state
fiscal year commencing April first, two thousand  [ten]  EIGHT,  munici-
palities shall receive additional aid apportioned as follows:
  (i)  Any  municipality with an average full valuation per capita equal
to or less than the average full valuation per capita for municipalities
that is a city, a town with a population greater than fifteen  thousand,
or  a  village  with  a  population  greater than ten thousand, shall be
eligible to receive an additional annual apportionment equal to:
  (1) nine percent of such municipality's base level grant if the  muni-
cipality  meets  all of the fiscal distress indicators in paragraph c of
this subdivision,
  (2) seven percent of such municipality's base level grant if the muni-
cipality meets any three of the fiscal distress indicators in  paragraph
c of this subdivision, or
  (3)  five percent of such municipality's base level grant if the muni-
cipality meets at least one but no more than two of the fiscal  distress
indicators in paragraph c of this subdivision.
  (ii)  Any municipality with an average full valuation per capita equal
to or less than the average full valuation per capita for municipalities
that is a town with a population  of  fifteen  thousand  or  less  or  a
village  with  a  population  of ten thousand or less which meets one or
more of the fiscal distress indicators in subparagraphs  (i),  (ii)  and
(iii) of paragraph c of this subdivision shall be eligible to receive an
additional  annual  apportionment  equal to five percent of such munici-
pality's base level grant.
  (iii) Any municipality that does not qualify for an additional  annual
apportionment  pursuant  to subparagraphs (i) and (ii) of this paragraph
shall be eligible to receive an additional annual apportionment equal to
three percent of such municipality's base level grant.

S. 56--B                           42                          A. 156--B

  S 2. Paragraph e of subdivision 10 of section 54 of the state  finance
law,  as  amended  by  section  3 of part O of chapter 56 of the laws of
2008, is amended to read as follows:
  e.  Per  capita  adjustment.  Within amounts appropriated in the state
fiscal year commencing April first, two  thousand  seven  and  in  [each
state  fiscal  year  thereafter  through and including] the state fiscal
year commencing April first, two thousand [ten]  EIGHT,  additional  aid
shall be apportioned as follows:
  (i)  For  the  purposes  of subparagraphs (ii), (iii), (iv) and (v) of
this paragraph, the threshold percentage shall be  seventy-five  percent
in  the  state fiscal year commencing April first, two thousand seven[;]
AND eighty percent in the state fiscal year commencing April first,  two
thousand eight[; eighty-five percent in the state fiscal year commencing
April  first,  two thousand nine; and ninety percent in the state fiscal
year commencing April first, two thousand ten].
  (ii) A municipality with an average full valuation per capita equal to
or less than the average full valuation per  capita  for  municipalities
that  is  a  city with a population greater than or equal to one hundred
twenty-five thousand and receives per capita  state  aid  less  than  or
equal to the threshold percentage of the average for cities with a popu-
lation  greater  than or equal to one hundred twenty-five thousand shall
be eligible to receive additional aid of four and  one-half  percent  of
such city's base level grant, subject to the availability of funds.
  (iii)  A  municipality with an average full valuation per capita equal
to or less than the average full valuation per capita for municipalities
that is a city with a population less than one hundred twenty-five thou-
sand, meets one or more of the fiscal distress indicators, and  receives
per  capita  state aid less than or equal to the threshold percentage of
the average for cities with a population less than one  hundred  twenty-
five  thousand  that meet one or more of the fiscal distress indicators,
shall be eligible to receive additional aid of four and one-half percent
of such city's base level grant, subject to the availability of funds.
  (iv) A municipality with an average full valuation per capita equal to
or less than the average full valuation per  capita  for  municipalities
that  is  a  town with a population greater than fifteen thousand, meets
one or more of the fiscal distress indicators, and receives  per  capita
state  aid less than or equal to the threshold percentage of the average
for towns with a population greater than fifteen thousand that meet  one
or  more of the fiscal distress indicators, shall be eligible to receive
additional aid of four and one-half percent of such  town's  base  level
grant, subject to the availability of funds.
  (v)  A municipality with an average full valuation per capita equal to
or less than the average full valuation per  capita  for  municipalities
that is a village with a population greater than ten thousand, meets one
or more of the fiscal distress indicators, and receives per capita state
aid  less  than  or equal to the threshold percentage of the average for
villages with a population greater than ten thousand that  meet  one  or
more  of  the  fiscal  distress indicators, shall be eligible to receive
additional aid of four and one-half percent of such village's base level
grant, subject to the availability of funds.
  (vi) If sufficient funds are not available for additional aid  in  the
amount authorized pursuant to subparagraphs (ii), (iii), (iv) and (v) of
this paragraph, additional aid shall be apportioned to each municipality
eligible  for  such  aid  based  on the municipality's pro rata share of
available funds.

S. 56--B                           43                          A. 156--B

  S 3. Subparagraph (ii) of paragraph g of subdivision 10 of section  54
of  the  state finance law, as amended by section 4 of part O of chapter
56 of the laws of 2008, is amended to read as follows:
  (ii)  As  a condition of receiving [an additional annual apportionment
pursuant to paragraph d of this subdivision] A BASE LEVEL GRANT PURSUANT
TO PARAGRAPH B OF THIS SUBDIVISION, each municipality that  is  a  city,
other  than  a  city  subject  to a control period under a state imposed
fiscal stability authority or a city  subject  to  the  requirements  of
subparagraph  (i)  of  this  paragraph  and  each municipality that is a
village that [will receive an additional annual  apportionment  pursuant
to  clause  one of subparagraph (i) of paragraph d of this subdivision],
MEETS ALL FOUR FISCAL DISTRESS INDICATORS IN PARAGRAPH C OF THIS  SUBDI-
VISION shall develop a multi-year financial plan that includes: project-
ed   employment  levels,  projected  annual  expenditures  for  personal
service, fringe benefits, non-personal services and debt service; appro-
priate  reserve  fund  amounts;  estimated  annual  revenues   including
projected property tax rates, the value of the taxable real property and
resulting  tax  levy,  annual  growth  in sales tax and non-property tax
revenues, and the proposed use of one-time revenue sources. Such  multi-
year  financial  plan  shall consist of, at a minimum, four fiscal years
including the municipality's most recently completed  fiscal  year,  its
current  fiscal year adopted budget and the subsequent two fiscal years.
On or before March thirty-first, two thousand eight  and  on  or  before
March  thirty-first  in  each  year thereafter through and including two
thousand eleven, the chief elected official of such  municipality  shall
submit  written  certification  to  the director of the budget that such
municipality has complied with the requirements of this subparagraph.
  S 4. Paragraph j of subdivision 10 of section 54 of the state  finance
law,  as  amended  by  section 1 of part KK of chapter 57 of the laws of
2008, is amended to read as follows:
  j. Special aid and incentives for municipalities to the  city  of  New
York.  In  the  state  fiscal  year commencing April first, two thousand
seven a city with a population of one  million  or  more  shall  receive
twenty  million  dollars  on  or before December fifteenth. In the state
fiscal year commencing April first, two thousand eight, a  city  with  a
population  of  one million or more shall receive two hundred forty-five
million nine  hundred  forty-four  thousand  eight  hundred  thirty-four
dollars  payable  on  or  before December fifteenth. In the state fiscal
year commencing April first, two thousand nine, [a  city  with  a  popu-
lation  of  one  million  or  more shall receive eighty-one million nine
hundred forty-four thousand eight hundred thirty-four dollars payable on
or before June thirtieth and shall receive  an  additional  two  hundred
forty-five  million nine hundred forty-four thousand eight hundred thir-
ty-four dollars payable on or before December fifteenth.  In  the  state
fiscal year commencing April first, two thousand ten,] and in each state
fiscal  year thereafter, a city with a population of one million or more
shall receive three hundred twenty-seven million eight  hundred  eighty-
nine  thousand  six  hundred  sixty-eight  dollars  payable on or before
December fifteenth. Special aid and incentives for municipalities to the
city of New York shall be apportioned and paid as required as follows:
  (i)  Any  amounts  required  to  be  paid  to  the   city   university
construction fund pursuant to the city university construction fund act;
  (ii)  Any  amounts  required  to  be paid to the New York city housing
development corporation pursuant to the New York city  housing  develop-
ment corporation act;

S. 56--B                           44                          A. 156--B

  (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. Clause 2 of subparagraph (viii) of paragraph a of subdivision  10
of  section 54 of the state finance law, as amended by section 1 of part
O of chapter 56 of the laws of 2008, is amended to read as follows:
  (2) for the state fiscal year commencing  April  first,  two  thousand
eight  and  in  each  state fiscal year thereafter, the base level grant
received in the immediately preceding  state  fiscal  year  pursuant  to
paragraph  b  of  this  subdivision  plus  any additional apportionments
received in such year pursuant to paragraph d of  this  subdivision  and
any per capita adjustments received in such year pursuant to paragraph e
of this subdivision plus any additional aid received in such year pursu-
ant  to  [subparagraph (i) or subparagraph (iii) of] paragraph p of this
subdivision.
  S 6. Paragraph p of subdivision 10 of section 54 of the state  finance
law,  as added by section 8 of part O of chapter 56 of the laws of 2008,
is amended to read as follows:
  p. Local government efficiency grant program municipal  merger  incen-
tives.  For  the purposes of this paragraph, "municipalities" shall mean
cities with a population less than  one  million,  towns  and  villages.
Within  the  annual  amounts  appropriated  therefor,  surviving munici-
palities following a merger, consolidation or dissolution  occurring  on
or  after  the  state  fiscal  year commencing April first, two thousand
seven may be awarded [one of the following as selected by the  governing
body  of the merged, consolidated or surviving, in the case of a dissol-
ution, municipality: (i) Additional aid in the state fiscal year follow-
ing such merger,  consolidation  or  dissolution  equal  to  twenty-five
percent  of  the  combined base level grants received, pursuant to para-
graph b of this subdivision, by the municipalities that  were  party  to

S. 56--B                           45                          A. 156--B

such  merger,  consolidation  or dissolution in the state fiscal year in
which  such  merger,  consolidation  or  dissolution  took  effect.   In
instances  where only a portion of a city, town or village is party to a
consolidation,  merger or dissolution, the additional aid payable to the
resulting successor government shall be based on only a pro  rata  share
of the base level grant received by such city, town or village. Such pro
rata  share  shall  be calculated by multiplying the base level grant of
such city, town or village in the state fiscal year in which such  merg-
er,  consolidation  or  dissolution took effect by the ratio of the most
recent federal decennial census population of the portion  consolidated,
merged or dissolved as compared to the total two thousand federal decen-
nial  census  population  of  the  city,  town  or village party to such
consolidation, merger or dissolution. In no case shall a  municipality's
additional aid pursuant to this subparagraph exceed one million dollars.
Such  additional  aid  shall be apportioned and paid to the chief fiscal
officer of each merged, consolidated or surviving,  in  the  case  of  a
village  dissolution,  municipality  on  audit  and warrant of the state
comptroller out of moneys  appropriated  by  the  legislature  for  such
purpose  to  the credit of the local assistance fund in the general fund
of the state treasury in the same "on or before month and day" manner as
the municipality's base level grant is paid pursuant to subparagraph (i)
of paragraph i of this subdivision. Any municipality receiving a  merger
incentive  award  pursuant  to this subparagraph shall use such aid only
for general municipal purposes. Such additional aid shall in  subsequent
state  fiscal  years  be  considered  prior year aid for the purposes of
determining such merged, consolidated or surviving  municipality's  base
level grant pursuant to paragraph b of this subdivision.
  (ii) Two hundred fifty thousand dollars in the first state fiscal year
following  such  merger,  consolidation or dissolution, reduced in equal
parts in each of the  subsequent  four  state  fiscal  years;  provided,
however, that in no case shall such first state fiscal year award exceed
twenty-five  percent  of the combined property tax levy of the merged or
consolidated municipalities in the local fiscal year prior to the  local
fiscal year in which such merger or consolidation took effect; provided,
further,  that  in  the  case of a village dissolution, such first state
fiscal year award shall not exceed twenty-five percent of  the  combined
property  tax levy of the village and surviving town in the local fiscal
year prior to the local fiscal  year  in  which  such  dissolution  took
effect. Such award shall be used for transitional purposes and long-term
savings  and  efficiencies.  In  the event a village dissolves into more
than one town, the surviving towns shall receive a pro rata  portion  of
the  additional  aid  based  on relative population. Such additional aid
shall be apportioned and paid  to  the  chief  fiscal  officer  of  each
merged, consolidated or surviving, in the case of a dissolution, munici-
pality  on  audit  and  warrant  of  the state comptroller out of moneys
appropriated by the legislature for such purpose to the  credit  of  the
local  assistance  fund in the general fund of the state treasury in the
same "on or before month and day"  manner  as  the  municipality's  base
level  grant is paid pursuant to subparagraph (i) of paragraph i of this
subdivision.
  (iii) Additional] ADDITIONAL aid in the state  fiscal  year  following
such  merger,  consolidation  or dissolution equal to fifteen percent of
the combined amount of real property taxes levied by all of the  munici-
palities  participating  in  the merger, consolidation or dissolution in
the local fiscal year prior to the local fiscal year in which such merg-
er, consolidation or dissolution took effect. [In instances where only a

S. 56--B                           46                          A. 156--B

portion of a city, town or village is party to a  consolidation,  merger
or  dissolution,  the  additional  annual  aid  payable to the resulting
successor government shall be based on only a  pro  rata  share  of  the
total real property taxes levied by such city, town or village. Such pro
rata  share  shall  be calculated by multiplying the total real property
tax levy of such city, town or village in the local fiscal year prior to
the local fiscal year in which such merger, consolidation or dissolution
took effect by the ratio of the most  recent  federal  decennial  census
population  of the portion consolidated, merged or dissolved as compared
to the total two thousand federal decennial  census  population  of  the
city,  town  or  village  party to such consolidation, merger or dissol-
ution.] IN INSTANCES OF THE DISSOLUTION OF A  VILLAGE  LOCATED  IN  MORE
THAN  ONE  TOWN,  SUCH  ADDITIONAL  AID  SHALL  EQUAL THE SUM OF FIFTEEN
PERCENT OF THE REAL PROPERTY TAXES LEVIED BY SUCH VILLAGE IN THE VILLAGE
FISCAL YEAR PRIOR TO THE VILLAGE FISCAL YEAR IN WHICH  SUCH  DISSOLUTION
TOOK  EFFECT PLUS FIFTEEN PERCENT OF THE AVERAGE AMOUNT OF REAL PROPERTY
TAXES LEVIED BY THE TOWNS IN WHICH THE VILLAGE WAS LOCATED IN  THE  TOWN
FISCAL YEAR PRIOR TO THE TOWN FISCAL YEAR IN WHICH SUCH DISSOLUTION TOOK
EFFECT, AND SHALL BE DIVIDED AMONG SUCH TOWNS BASED ON THE PERCENTAGE OF
SUCH  VILLAGE'S POPULATION THAT RESIDED IN EACH SUCH TOWN AS OF THE MOST
RECENT FEDERAL DECENNIAL CENSUS. Such additional  aid  shall  be  appor-
tioned  and  paid  to  the  chief fiscal officer of each consolidated or
merged municipality on audit and warrant of the state comptroller out of
moneys appropriated by the legislature for such purpose to the credit of
the local assistance fund in the general fund of the state  treasury  in
the  same "on or before month and day" manner as the municipality's base
level grant is paid pursuant to subparagraph (i) of paragraph i of  this
subdivision.  Any municipality receiving a merger incentive award pursu-
ant to this [subparagraph] PARAGRAPH shall use such aid only for general
municipal purposes. In no case shall [a municipality's annual] THE ADDI-
TIONAL aid pursuant to this [subparagraph] PARAGRAPH exceed one  million
dollars.  Such  additional aid shall in subsequent state fiscal years be
considered prior year aid for the purposes of determining  such  merged,
consolidated  or  surviving  municipality's base level grant pursuant to
paragraph b of this subdivision.
  S 7.  Clause 1 of subparagraph (i) of paragraph o of subdivision 10 of
section 54 of the state finance law, as added by section 7 of part O  of
chapter 56 of the laws of 2008, is amended to read as follows:
  (1)  For  the  purposes  of  this paragraph, "municipality" shall mean
counties, cities, towns, villages, special improvement  districts,  fire
districts,  [library districts] PUBLIC LIBRARIES, ASSOCIATION LIBRARIES,
water authorities, sewer authorities, regional planning and  development
boards,   school   districts,  and  boards  of  cooperative  educational
services; provided, however, that for the purposes of this definition, a
board of cooperative educational services shall be considered a  munici-
pality  only  in  instances  where such board of cooperative educational
services advances a joint application on behalf of school districts  and
other   municipalities  within  the  board  of  cooperative  educational
services region; provided, however, that any agreements with a board  of
cooperative  educational  services:  shall not generate additional state
aid; shall be deemed not to be a part of the program, capital and admin-
istrative budgets of the board of cooperative educational  services  for
the purposes of computing charges upon component school districts pursu-
ant  to subparagraph seven of paragraph b of subdivision four of section
nineteen hundred fifty and subdivision one of section  nineteen  hundred
fifty  and  subdivision one of section nineteen hundred fifty-one of the

S. 56--B                           47                          A. 156--B

education law; and shall be deemed to be a cooperative municipal service
for purposes of subparagraph two of paragraph d of subdivision  four  of
section nineteen hundred fifty of the education law.
  S  8.  Notwithstanding  any  other  law to the contrary, for the state
fiscal year beginning April 1, 2010, and in each state fiscal year ther-
eafter, fifteen million dollars 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, 2010.
  S  9.  This  act shall take effect immediately; and shall be deemed to
have been in full force and effect on and after April 1, 2009.

                                 PART HH

  Intentionally omitted.

                                 PART II

  Section 1. Section 2 of chapter 540 of the laws of 1992, amending  the
real  property  tax  law  relating to oil and gas charges, as amended by
chapter 140 of the laws of 2006, is amended to read as follows:
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 1992; provided,
however that any charges imposed by section 593 of the real property tax
law  as  added  by section one of this act shall first be due for values
for assessment rolls with tentative completion dates after July 1, 1992,
and provided further, that this act  shall  remain  in  full  force  and
effect  until  March  31,  [2009] 2012, at which time section 593 of the
real property tax law as added by section  one  of  this  act  shall  be
repealed.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2009.

                                 PART JJ

  Section 1. Subdivision 3 of section 333 of the real property  law,  as
separately  amended by section 2 of part B of chapter 57 and chapter 521
of the laws of 2004, is amended to read as follows:
  3. The recording officer of every county and  the  city  of  New  York
shall  impose a fee of one hundred sixty-five dollars, or in the case of
a transfer involving qualifying residential or farm property as  defined
by  paragraph iv of subdivision one-e of this section, a fee of seventy-
five dollars, for every real property transfer reporting form  submitted
for  recording  as  required under subdivision one-e of this section. In
the city of New York, the recording officer shall impose a fee of  fifty
dollars  for  each  real  property transfer tax form filed in accordance
with chapter twenty-one of title eleven of the  administrative  code  of
the  city  of  New York, except where a real property transfer reporting
form is also submitted for recording for the transfer as required  under
subdivision  one-e  of  this section. The recording officer shall deduct
nine dollars from such fee  and  remit  the  remainder  of  the  revenue
collected  to the state office of real property services every month for
deposit [in the improvement of real property tax administration  account
established  pursuant  to  section  ninety-seven-ll of the state finance

S. 56--B                           48                          A. 156--B

law] INTO THE GENERAL FUND.  The amount duly deducted by  the  recording
officer shall be retained by the county or by the city of New York.
  S 2. Subdivision 3 of section 333 of the real property law, as amended
by section one of this act, is amended to read as follows:
  3.  The  recording  officer  of  every county and the city of New York
shall impose a  fee  of  [one  hundred  sixty-five]  TWO  HUNDRED  FIFTY
dollars,  or  in the case of a transfer involving qualifying residential
or farm property as defined by paragraph iv of subdivision one-e of this
section, a fee of [seventy-five] ONE HUNDRED  TWENTY-FIVE  dollars,  for
every  real  property transfer reporting form submitted for recording as
required under subdivision one-e of this section. In  the  city  of  New
York,  the  recording  officer shall impose a fee of [fifty] ONE HUNDRED
dollars for each real property transfer tax  form  filed  in  accordance
with  chapter  twenty-one  of title eleven of the administrative code of
the city of New York, except where a real  property  transfer  reporting
form  is also submitted for recording for the transfer as required under
subdivision one-e of this section. The recording  officer  shall  deduct
nine  dollars  from  such  fee  and  remit  the remainder of the revenue
collected to the state office of real property services every month  for
deposit  into the general fund.  The amount duly deducted by the record-
ing officer shall be retained by the county or by the city of New York.
  S 3. Subdivisions 2 and 3 of section 97-ll of the state  finance  law,
as  amended  by section 2 of part C-2 of chapter 62 of the laws of 2003,
are amended to read as follows:
  2. [All revenue received by the state office of real property services
from the state share of a recording fee pertaining to  the  transfer  of
real  property  shall  be  deposited to the credit of the improvement of
real property tax administration account.
  3.] Moneys within the improvement of real property tax  administration
account,  upon  appropriation  by the legislature, shall be available to
the state office of real property services for all services and expenses
of the state office which relate to activities including, but not limit-
ed to, preparation and certification of state  equalization  rates,  the
administration  of  state  technical  and  financial assistance to local
governments, review and certification of adjusted base  proportions  for
special  assessing  units and approved assessing units pursuant to arti-
cles eighteen and nineteen of the real property tax  law,  the  determi-
nation of class equalization rates for portions within special assessing
units  and  approved  assessing  units pursuant to article twelve of the
real property tax law, continuance of the  market  value  survey  cycle,
maintenance  of  effort  in  the  production of agricultural lands value
assessments, advisory appraisals,  and  assessor  training  and  certif-
ication.
  S  4.  This  act shall take effect immediately; provided, however that
section two of this act shall take effect June  1,  2009  and  shall  be
applicable  to  conveyances  submitted  for  recording on and after such
date.

                                 PART KK

  Section 1. Section 54-l of  the  state  finance  law,  as  amended  by
section  1  of  part  R of chapter 57 of the laws of 2007, is amended to
read as follows:
  S 54-l. State assistance  to  eligible  cities  and  eligible  munici-
palities  in  which a video lottery gaming facility is located. 1. Defi-
nitions.  When used in this section, unless otherwise expressly stated:

S. 56--B                           49                          A. 156--B

  a. "Eligible city" shall mean [(i)  for  the  fiscal  year  commencing
April  first,  two  thousand seven] a city with a population equal to or
greater than one hundred twenty-five thousand and less than one  million
in  which a video lottery gaming facility is located AND OPERATING AS OF
JANUARY  FIRST,  TWO  THOUSAND  NINE pursuant to section sixteen hundred
seventeen-a of the tax law [and (ii)  for  the  fiscal  year  commencing
April first, two thousand eight and for each state fiscal year thereaft-
er,  shall  mean  a  city with a population equal to or greater than one
hundred twenty-five thousand in which a video lottery gaming facility is
located pursuant to section sixteen hundred seventeen-a of the tax law].
  b. "Eligible  municipality"  shall  mean  (I)  FOR  THE  FISCAL  YEARS
COMMENCING APRIL FIRST, TWO THOUSAND SEVEN AND APRIL FIRST, TWO THOUSAND
EIGHT  a  county,  city, town or village in which a video lottery gaming
facility is located pursuant to section sixteen hundred  seventeen-a  of
the  tax law that is not located in a city with a population equal to or
greater than one hundred twenty-five thousand AND (II)  FOR  THE  FISCAL
YEAR COMMENCING APRIL FIRST, TWO THOUSAND NINE AND FOR EACH STATE FISCAL
YEAR  THEREAFTER,  SHALL MEAN A COUNTY, CITY, TOWN OR VILLAGE IN WHICH A
VIDEO LOTTERY GAMING FACILITY IS LOCATED AND  OPERATING  AS  OF  JANUARY
FIRST, TWO THOUSAND NINE PURSUANT TO SECTION SIXTEEN HUNDRED SEVENTEEN-A
OF  THE TAX LAW THAT IS NOT LOCATED IN A CITY WITH A POPULATION EQUAL TO
OR GREATER THAN ONE HUNDRED TWENTY-FIVE THOUSAND AND WHICH IS LOCATED IN
A COUNTY THAT HAS A POVERTY RATE EQUAL TO OR GREATER THAN FIFTY  PERCENT
OF THE NEW YORK STATE POVERTY RATE.
  c. "Estimated net machine income" shall mean the estimated full annual
value  of  total revenue wagered after payout for prizes for games known
as "video lottery gaming" as authorized under article thirty-four of the
tax law during the state fiscal year in which  state  aid  payments  are
made pursuant to subdivision two of this section.
  d. "Population" shall mean population based on the most recent federal
decennial census.
  E.    "POVERTY  RATE"  SHALL MEAN THE PERCENTAGE OF INDIVIDUALS LIVING
BELOW THE POVERTY LEVEL, AS REPORTED IN THE MOST RECENT FEDERAL DECENNI-
AL CENSUS.
  2. Within amounts  appropriated  therefor,  [beginning  in  the  state
fiscal  year  commencing  April  first,  two thousand seven, and in each
state fiscal year thereafter,] an eligible city and an eligible  munici-
pality shall receive a state aid payment as follows:
  a.  An  eligible  city shall receive:   (I) FOR THE STATE FISCAL YEARS
COMMENCING APRIL FIRST, TWO THOUSAND SEVEN AND APRIL FIRST, TWO THOUSAND
EIGHT, a state aid payment equal to three and one-half  percent  of  the
"estimated  net  machine  income"  generated  by  a video lottery gaming
facility located in such eligible city. Such state aid payment shall not
exceed twenty million dollars per eligible city; AND (II) FOR THE  STATE
FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND NINE AND FOR EACH STATE
FISCAL  YEAR  THEREAFTER,  AN  AMOUNT  EQUAL  TO  THE  STATE AID PAYMENT
RECEIVED IN THE STATE FISCAL YEAR COMMENCING APRIL FIRST,  TWO  THOUSAND
EIGHT.
  b.  Eligible  municipalities shall receive:   (I) FOR THE STATE FISCAL
YEARS COMMENCING APRIL FIRST, TWO THOUSAND SEVEN AND  APRIL  FIRST,  TWO
THOUSAND  EIGHT, a share of three and one-half percent of the "estimated
net machine income" generated by a video lottery gaming facility located
within such eligible municipality  as  follows:  [(i)]  (1)  twenty-five
percent  shall  be  apportioned  and  paid to the county; and [(ii)] (2)
seventy-five percent shall be apportioned and paid on a pro  rata  basis
to  eligible municipalities, other than the county, based upon the popu-

S. 56--B                           50                          A. 156--B

lation of such eligible municipalities. Such state aid payment shall not
exceed twenty-five percent of an eligible municipality's total  expendi-
tures  as  reported  in the statistical report of the comptroller in the
preceding  state  fiscal  year  pursuant  to section thirty-seven of the
general municipal law; AND (II) FOR THE  STATE  FISCAL  YEAR  COMMENCING
APRIL  FIRST, TWO THOUSAND NINE AND FOR EACH STATE FISCAL YEAR THEREAFT-
ER:  (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  POVERTY  RATE,  AN AMOUNT EQUAL TO FIFTY PERCENT OF THE STATE AID
PAYMENT RECEIVED IN THE STATE FISCAL YEAR COMMENCING  APRIL  FIRST,  TWO
THOUSAND EIGHT.
  3.  a.  State  aid payments made to an eligible city pursuant to para-
graph a of subdivision two of this section shall  be  used  to  increase
support for public schools in such city.
  b.  State  aid  payments  made to an eligible municipality pursuant to
paragraph b of subdivision two of this section shall  be  used  by  such
eligible municipality to: (i) defray local costs associated with a video
lottery gaming facility, or (ii) minimize or reduce real property taxes.
  4. [a. On or before June first of each state fiscal year, beginning in
the state fiscal year commencing April first, two thousand seven, at the
request  of  the director of the division of the budget, the director of
the division of the  lottery  shall  transmit  a  schedule  of  payments
required pursuant to this section to the director of the division of the
budget.  In  determining  such schedule of payments, the director of the
division of the lottery shall include a reconciliation of the state  aid
paid  in the preceding fiscal year. Such reconciliation shall adjust for
the difference between the state aid paid in the preceding  fiscal  year
and what the state aid payment would have been if the actual full annual
value  of  net  machine income had been used in the calculation of state
aid. Such reconciliation shall be subject to the maximum amounts identi-
fied in subdivision two of this section for the year being reconciled.
  b. Notwithstanding any other provision of law to the contrary, in  the
event  any  eligible  city or eligible municipality receives any payment
under subdivision two of this section that has been  recommended  to  be
reconciled  by  the director of the division of the lottery as set forth
in this subdivision, and the amounts payable pursuant to subdivision two
of this section are insufficient to  support  such  reconciliation,  the
comptroller  shall  deduct from any moneys payable to such eligible city
or eligible municipality the amount  required  for  such  reconciliation
upon  receipt  of  a certification of the reconciliation amount from the
director of the division of the lottery.
  5.] Payments of state aid pursuant to this section shall be made on or
before June thirtieth of each state fiscal  year  to  the  chief  fiscal
officer  of  each  eligible city and each eligible municipality on audit
and warrant of the state comptroller out of moneys appropriated  by  the
legislature  for such purpose to the credit of the local assistance fund
in the general fund of the state treasury.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2009.

                                 PART LL

S. 56--B                           51                          A. 156--B

  Intentionally omitted.

                                 PART MM

  Intentionally omitted.

                                 PART NN

  Intentionally omitted.

                                 PART OO

  Intentionally omitted.

                                 PART PP

  Section  1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision  5
of  section  4  of  the  state finance law to the following funds and/or
accounts:
  1. Tuition reimbursement fund (050):
    a. Tuition reimbursement account (01).
    b. Proprietary vocational school supervision account (02).
  2. Local government records management improvement fund (052):
    a. Local government records management account (01).
  3. Dedicated highway and bridge trust fund (072):
    a. Highway and bridge capital account (01).
  4. State University Residence Hall Rehabilitation Fund (074).
  5. State parks infrastructure trust fund (076):
    a. State parks infrastructure account (01).
  6. Clean water/clean air implementation fund (079).
  7. State lottery fund (160):
    a. Education - New (03).
    b. VLT - Admin (05).
    c. VLT - Sound basic education fund (06).
  8. Medicaid management information system escrow fund (179).
  9. Federal operating grants fund (290)  federal  capital  grants  fund
(291).
  10. Sewage treatment program management and administration fund (300).
  11. Environmental conservation special revenue fund (301):
    a. Hazardous bulk storage account (F7).
    b. Utility environmental regulation account (H4).
    c. Low level radioactive waste siting account (K5).
    d. Recreation account (K6).
    e. Conservationist magazine account (S4).
    f. Environmental regulatory account (S5).
    g. Natural resource account (S6).
    h. Mined land reclamation program account (XB).
    i. Federal grants indirect cost recovery account (IC).
  12. Environmental protection and oil spill compensation fund (303).
  13. Hazardous waste remedial fund (312):
    a. Site investigation and construction account (01).
    b. Hazardous waste remedial clean up account (06).
  14. Mass transportation operating assistance fund (313):
    a. Public transportation systems account (01).
    b. Metropolitan mass transportation (02).

S. 56--B                           52                          A. 156--B

  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. Quick copy center account (07).
    d. Civil service law: sec 11 admin account (09).
    e. Civil service EHS occupational health program account (10).
    f. Banking services account (12).
    g. Cultural resources survey account (14).
    h. Neighborhood work project (17).
    i. Automation & printing chargeback account (18).
    j. OFT NYT account (20).
    k. Data center account (23).
    l. Human service telecom account (24).
    m. Centralized Technology services account (30).
    n. OMRDD copy center account (26).
    o. Intrusion detection account (27).
    p. Domestic violence grant account (28).
  20. Miscellaneous special revenue fund (339):
    a. Statewide planning and research cooperative system account (03).
    b. OMRDD provider of service account (05).
    c. New York state thruway authority account (08).
    d. Mental hygiene patient income account (13).
    e. Financial control board account (15).
    f. Regulation of racing account (16).
    g. New York metropolitan transportation council account (17).
    h. Quality of care account (20).
    i. Cyber upgrade account (25).
    j. Certificate of need account (26).
    k. Hospital and nursing home management account (44).
    l. State university dormitory income reimbursable account (47).
    m. Training, management and evaluation (50).
    n. Energy research account (60).
    o. Criminal justice improvement account (62).
    p. Fingerprint identification and technology account (68).
    q. Environmental laboratory reference fee account (81).
    r. Clinical laboratory reference system assessment account (90).
    s. Public employment relations board account (93).
    t. Radiological health protection account (95).
    u. Teacher certification account (A4).
    v. Banking department account (A5).
    w. Cable television account (A6).
    x. Indirect cost recovery account (AH).
    y. High school equivalency program account (AI).
    z. Rail safety inspection account (AQ).
    aa. Child support revenue account (AX).
    bb. Multi-agency training account (AY).
    cc. Critical infrastructure account (B3).
    dd. Insurance department account (B6).
    ee. Bell jar collection account (BJ).

S. 56--B                           53                          A. 156--B

    ff. Industry and utility service account (BK).
    gg. Real property disposition account (BP).
    hh. Parking account (BQ).
    ii. Asbestos safety training program account (BW).
    jj. Improvement of real property tax administration account (BZ).
    kk. Public service account (C3).
    ll. Plant industry account (CZ).
    mm. Batavia school for the blind account (D9).
    nn. Investment services account (DC).
    oo. Surplus property account (DE).
    pp. OMRDD day services account (DH).
    qq. Financial oversight account (DI).
    rr. Regulation of indian gaming account (DT).
    ss. Special conservation activities account (CU).
    tt. Interest assessment account (DZ).
    uu. Office of the professions account (E3).
    vv. Rome school for the deaf account (E6).
    ww. Seized assets account (E8).
    xx. Administrative adjudication account (E9).
    yy. Client notices system (EG).
    zz. Federal salary sharing account (EC).
    aaa. Cultural education account (EN).
    bbb. Examination and miscellaneous revenue account (ER).
    ccc. Transportation regulation account (F1).
    ddd. Local services account (G3).
    eee. Electronic  benefit  transfer and common benefit identification
           card account (GD).
    fff. Housing special revenue account (H2).
    ggg. Department of motor vehicles compulsory insurance account (H7).
    hhh. Housing Indirect cost recovery (HI).
    iii. Housing credit agency application fee account (J5).
    jjj. EPIC premium account (J6).
    kkk. Federal gasoline and diesel fuel excise tax account (L6).
    lll. OTDA earned revenue account (L7).
    mmm. Medical assistance disability account (LF).
    nnn. Low income housing credit monitoring fee account (NG).
    ooo. Procurement opportunities newsletter account (P4).
    ppp. Corporation administration account (P6).
    qqq. Montrose veteran's home account (Q6).
    rrr. Excelsior capital corporation reimbursement account (R1).
    sss. Motor fuel quality account (R4).
    ttt. Weights and measures account (R5).
    uuu. Deferred compensation administration account (R7).
    vvv. Rent revenue other account (RR).
    www. Batavia medicaid income account (S1).
    xxx. Rent revenue account (S8).
    yyy. Tax revenue arrearage account (TR).
    zzz. Solid waste management account (W3).
    aaaa. Occupational health clinics account (W4).
    bbbb. Capacity contracting (XU).
    cccc. Point insurance reduction program account.
    dddd. Internet point insurance reduction program account.
    eeee. Mental hygiene program fund account (10).
  21. State university income fund (345):
    a. State university general income offset account (11).
  22. State police and motor vehicle law enforcement fund (354):

S. 56--B                           54                          A. 156--B

    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. Industrial exhibit authority fund (450).
  38. Federal unemployment insurance administration fund (480):
    a. UI administration (01).
  39. Federal unemployment insurance occupational training fund (484):
    a. Federal unemployment insurance occupational training (00).
    b. Disaster relief grants (01).
  40. Federal employment and training grants (486):
    a. DOL workforce investment act (09).
  41. HCRA resources fund (061):
    a. EPIC premium account (J6).
    b. Maternal and child HIV services account (LC).
    c. Hospital based grants program account (AF).
    d. Child health plus program account (29).
  S 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).
  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

S. 56--B                           55                          A. 156--B

or before March 31, 2010, up to the unencumbered balance or the  follow-
ing amounts:
  Economic Development and Public Authorities:
  1.  $300,000  from the miscellaneous special revenue fund (339) under-
ground facilities safety training account (US), to the general fund.
  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. $14,260,000 from the miscellaneous special revenue fund (339), code
enforcement account (07), to the general fund.
  4.  $15,000,000  from  the  miscellaneous  special revenue fund (339),
insurance department account (B6), to the general fund.
  5. $8,000,000 from the miscellaneous special revenue fund (339), bank-
ing department account (A5), to the general fund.
  6. $177,700,000 from the miscellaneous  special  revenue  fund  (339),
insurance department account (B6), to the health care reform fund (061),
HCRA undistributed account (99).
  Education:
  1.  $2,279,000,000  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. $478,000,000 from the general fund to the state lottery fund (160),
VLT education account (06), as reimbursement for disbursements made from
such  fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of  the  amounts  deposited  in
such fund for such purposes pursuant to section 1612 of the tax law.
  3.  Moneys from the state lottery fund (160) up to an amount deposited
in such fund pursuant to section 1612 of the tax law in  excess  of  the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
  4.  $300,000  from the local government records management improvement
fund (052) to the archives partnership trust fund (024).
  5. $700,000 from the general fund to the miscellaneous special revenue
fund (339), Batavia school for the blind account (D9).
  6. $400,000 from the general fund to the miscellaneous special revenue
fund (339), Rome school for the deaf account (E6).
  7. $1,500,000 from the general fund for the private  schools  for  the
blind  and deaf may be transferred to the department of health miscella-
neous special revenue fund (339), quality assurance  and  audit  revenue
activities  account  (GB).  Notwithstanding any other law, rule or regu-
lation to the contrary, funds shall be available  for  transfer  to  the
department  of  health miscellaneous special revenue fund (339), quality
assurance and audit revenue activities account (GB), upon  the  approval
by  the director of the budget of a staffing and expenditure plan devel-
oped by the department of health in consultation with the  state  educa-
tion department.
  8.  $40,000,000  from the state university dormitory income fund (330)
to the state university residence hall rehabilitation fund (074).
  9. $315,000,000 from the state university dormitory income fund  (330)
to the miscellaneous special revenue fund (339), state university dormi-
tory income reimbursable account (47).
  10. $500,000 from the miscellaneous special revenue fund (339), volun-
teer recruitment service scholarships account (VR) to the general fund.

S. 56--B                           56                          A. 156--B

  11.  $1,000,000  from  the  miscellaneous  special revenue fund (339),
cultural education account (EN), to the  miscellaneous  special  revenue
fund (339), summer school of the arts account (38).
  12.  $22,000,000  from  the  state university income fund (345), state
university general income fund reimbursable account (10), to the general
fund.
  13. $24,000,000 from any of the  state  education  department  special
revenue  and internal service funds to the miscellaneous special revenue
fund (339), indirect cost recovery account (AH).
  14. $8,318,000 from the general fund to the  state  university  income
fund  (345), state university income offset account (11), for the states
share of repayment of the STIP loan.
  15. $75,000,000 from the state university  income  fund  (345),  state
university  general  income fund reimbursable account (10), to the state
university income fund (345), supplemental operating fund account.
  Environmental Affairs:
  1. $500,000 from the department of  transportation's  federal  capital
projects  fund (291) to the office of parks and recreation federal oper-
ating grants fund (290), miscellaneous operating grants account.
  2. $5,000,000 from the general fund to the  hazardous  waste  remedial
fund (312), hazardous waste remediation oversight and assistance account
(00).
  3.  $95,000,000  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.
  4.  $5,000,000 from the general fund to the state parks infrastructure
fund (076), state infrastructure account (01).
  5. $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.
  6. $2,000,000 from any of the office of parks, recreation, and histor-
ical preservation special revenue federal funds to the  special  revenue
fund (339) federal grant indirect cost recovery account.
  7. $1,000,000 from any of the office of parks, recreation and historic
preservation  special  revenue federal funds to the special revenue fund
(339) federal grant indirect cost recovery account (Z1).
  8. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the special  revenue  fund
(339), I love NY water account (39).
  9. $1,000,000 from any of the office of parks, recreation and historic
preservation  special  revenue federal funds to the special revenue fund
(339), patron services account (T2).
  10. $500 from the Hudson river valley greenway  fund  (056),  greenway
communities council account (01), to the general fund.
  11.  $44  from  the  Hudson river valley greenway fund (056), greenway
heritage conservancy account (02), to the general fund.
  12. $3,000,000 from the  hazardous  waste  remedial  fund  (312)  site
investigation and construction account (01), to the general fund.
  13. $20,000,000 from the hazardous waste remedial fund (312) oversight
and assistance account (05), to the general fund.
  14.  $1,700,000  from  the  environmental conservation special revenue
fund (301) mined land reclamation account (XB), 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

S. 56--B                           57                          A. 156--B

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. $7,300,000 from the federal health and human services fund (265) to
the miscellaneous special revenue fund (339), ODD earned revenue account
(AD).
  8. $8,300,000 from any of  the  office  of  temporary  and  disability
assistance  accounts  within  the federal health and human services fund
(265) to the miscellaneous special revenue fund  (339),  client  notices
account (EG).
  9.  $81,886,000  from  any  of  the office of temporary and disability
assistance, department of  health  or  office  of  children  and  family
services special revenue funds to the miscellaneous special revenue fund
(339),  office  of  temporary  and  disability assistance earned revenue
account (L7).
  10. $4,309,000 from the federal block grant fund (269) or the  federal
health and human services fund (265) to the miscellaneous special reven-
ue fund (339), home energy assistance earned revenue account (QA).
  11.  $7,500,000  from  any  of  the office of temporary and disability
assistance or office of children and  family  services  special  revenue
federal funds to the miscellaneous special revenue fund (339), office of
temporary and disability assistance program account (AL).
  12.  $50,000,000  from  any  of  the  office  of  children  and family
services, office of temporary and disability assistance,  department  of
labor,  and  department  of  health special revenue federal funds to the
office of children and family  services  miscellaneous  special  revenue
fund (339), multi-agency training contract account (AY).
  13. $30,000,000 from the office of temporary and disability assistance
federal  health  and  human  services  fund  (265)  to the miscellaneous
special revenue fund (339), child support revenue account (AX).
  14. $6,300,000 from any of the office of children and family services,
office of temporary and disability assistance, department of  labor,  or
department  of  health  special revenue funds to the office of temporary
and disability assistance  miscellaneous  special  revenue  fund  (339),
multi-agency systems development account (MD).

S. 56--B                           58                          A. 156--B

  15.  $2,322,000  from  any  of  the office of temporary and disability
assistance special revenue federal funds, in accordance with  agreements
with  social  services  districts,  to the miscellaneous special revenue
fund (339), OTDA office  of  human  resources  development  state  match
account (49).
  16.  $10,731,000  from  any  of the office of temporary and disability
assistance special revenue federal funds, to the  miscellaneous  special
revenue fund (339), OTDA training contract account (48).
  17.  $97,000  from  the  employment  training  fund  (341), JTPA youth
employment account (04), to the general fund.
  18. $147,000 from the  employment  training  fund  (341),  JTPA  youth
employment account (01), to the general fund.
  19.  $6,000,000  from  the  miscellaneous  special revenue fund (339),
adult shelter sanction account (GA), to the general fund.
  20. $203,000,000 from the miscellaneous special  revenue  fund  (339),
youth facility per Diem account (YF), to the general fund.
  21.  $10,000,000  from  the  miscellaneous special revenue fund (339),
office of temporary and disability  assistance  earned  revenue  account
(L7), to the general fund.
  22.  $1,381,800 from the general fund to the children and family trust
fund (020).
  23. $13,000 from the agency enterprise fund (331)  training  materials
account (07), to the general fund.
  24.  $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.
  25.  $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).
  26.  $1,000,000 from any of the office of children and family services
or office of temporary and disability assistance 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
program account (L4).
  General Government:
  1. $1,545,000 from the miscellaneous special revenue fund (339), exam-
ination and miscellaneous revenue account (ER) to the general fund.
  2. $12,500,000 from the general fund to the health insurance revolving
fund (396).
  3.  $192,400,000 from the health insurance reserve receipts fund (167)
to the general fund.
  4. $150,000 from the general fund to the not-for-profit revolving loan
fund (055).
  5. $150,000 from the not-for-profit revolving loan fund (055)  to  the
general fund.
  6. $11,000,000 from the miscellaneous special revenue fund (339), real
property disposition account (BP), to the general fund.
  7.  $3,000,000  from  the  miscellaneous  special  revenue fund (339),
surplus property account (DE), to the general fund.
  8. $21,480,000 from the general  fund  to  the  miscellaneous  special
revenue fund (339), alcoholic beverage control account (DB).
  9.  $2,000,000  from  the  miscellaneous  special  revenue fund (339),
federal liability account (FL), to the general fund.

S. 56--B                           59                          A. 156--B

  10. $10,000,000 from centralized services  fund  (323),  OGS  building
administration account (ZY), to the general fund.
  11.  $16,580,000  from  the  miscellaneous special revenue fund (339),
revenue arrearage account (CR), to the general fund.
  12. $1,326,000 from  the  miscellaneous  special  revenue  fund  (339)
revenue  arrearage  account  (CR),  to the miscellaneous special revenue
fund (339) authority budget office account.
  13. $1,000,000 from the  miscellaneous  special  revenue  fund  (339),
parking  services  account (BQ), to the general debt service fund (311),
general debt service account.
  14. Intentionally omitted.
  15. $60,000,000 from any account within the  special  revenue  federal
funds receiving money pursuant to federal Medicare Part D legislation to
the general fund.
  Health:
  1. $1,500,000 from any of the department of health accounts within the
federal  health  and  human  services  fund  (265)  to the miscellaneous
special revenue fund (339), quality assurance and audit  revenue  activ-
ities account (GB).
  2.  $139,560,000  from any of the department of health accounts within
the federal health and human services fund (265)  to  the  miscellaneous
special revenue fund (339), quality of care account (20).
  3.  $1,000,000 from the general fund to the combined gifts, grants and
bequests fund (020), breast cancer research and education account  (BD),
an  amount equal to the monies collected and deposited into that account
in the previous fiscal year.
  4. $2,464,000 from any of the department of health accounts within the
federal health and human services fund (265) to the department of health
miscellaneous  special  revenue  fund  (339),  statewide  planning   and
research cooperation system (SPARCS) program account (03).
  5.  $250,000  from  the general fund to the combined gifts, grants and
bequests fund (020), prostate cancer research, detection, and  education
account (PR), an amount equal to the moneys collected and deposited into
that account in the previous fiscal year.
  6.  $500,000  from  the general fund to the combined gifts, grants and
bequests fund (020), Alzheimer's disease research and assistance account
(AA), an amount equal to the moneys collected and  deposited  into  that
account in the previous fiscal year.
  7.  $1,000,000  from  the  miscellaneous  special  revenue fund (339),
administration account (AP), to the general fund.
  8. $600,000,000 from any of the department of health  accounts  within
the  federal  health  and human services fund (265) to the miscellaneous
special revenue fund (339),  federal  state  health  reform  partnership
account (FS).
  9.  $85,000,000  from  the  general  fund to the miscellaneous special
revenue fund (339) empire state stem cell trust fund account (SR).
  10. $1,250,000 from the  miscellaneous  new  york  state  agency  fund
(169),  medical assistance account to the department of health miscella-
neous special revenue fund (339), third party health  insurance  account
(35).
  11.  $3,700,000  from  the  miscellaneous  new  york state agency fund
(169), medical assistance account to the office  of  medicaid  inspector
general miscellaneous special revenue fund (339), recoveries and revenue
account (C9).
  Labor:

S. 56--B                           60                          A. 156--B

  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.  $9,000,000  from the labor standards miscellaneous special revenue
fund (339), fee and penalty account (30), to the general fund.
  3. $9,000,000 from the occupational safety and health special  revenue
fund  (305),  occupational  safety  and  health  training  and education
account (01), to the general fund.
  4. $5,000,000 from the unemployment  insurance  interest  and  penalty
special  revenue fund (482), unemployment insurance special interest and
penalty account (01), to the general fund.
  Mental Hygiene:
  1. $5,000,000 from  the  miscellaneous  special  revenue  fund  (339),
mental hygiene patient income account (13), to the miscellaneous special
revenue fund (339), federal salary sharing account (EC).
  2.  $10,000,000  from  the  miscellaneous  special revenue fund (339),
mental hygiene patient income account (13), to the miscellaneous special
revenue fund (339), federal salary sharing account (EC).
  3. $190,000,000 from the miscellaneous  special  revenue  fund  (339),
mental  hygiene patient income account (13) to the miscellaneous special
revenue fund (339), provider of service accounts (05).
  4. $144,000,000 from the miscellaneous  special  revenue  fund  (339),
mental  hygiene  program  fund account (10) to the miscellaneous special
revenue fund (339), provider of service account (05).
  5. $150,000,000 from the general fund  to  the  miscellaneous  special
revenue fund (339), mental hygiene patient income account (13).
  6.  $150,000,000  from  the  general fund to the miscellaneous special
revenue fund (339), mental hygiene program fund account (10).
  7. $3,600,000 from  the  miscellaneous  special  revenue  fund  (332),
Intermediate  Care  Facility  (ICF)/Home  and  Community  Based Services
(HCBS) loan account (05), to the general fund.
  8. $197,400,000 from the miscellaneous  special  revenue  fund  (339),
mental hygiene program fund account (10) to the general fund.
  9.  $24,200,000  from  the  miscellaneous  special revenue fund (339),
mental hygiene patient income account (13) to the general fund.
  Public Protection:
  1. $1,350,000 from the miscellaneous special revenue fund (339), emer-
gency management account (61), to the general fund.
  2. $3,300,000 from the  general  fund  to  the  miscellaneous  special
revenue fund (339), recruitment incentive account (U2).
  3.  $14,000,000  from  the general fund to the correctional industries
revolving fund (397), correctional industries internal  service  account
(00).
  4.  $25,500,000  from  the  miscellaneous  special revenue fund (339),
statewide public safety communications account (LZ),  to  the  miscella-
neous special revenue fund (339), seized assets account (E8).
  5.  $1,500,000  from  the  miscellaneous  special  revenue fund (339),
statewide public safety communications account  (LZ),  to  the  combined
gifts, grants and bequests fund (020), New York state emergency services
revolving loan account (AU).
  6.  $10,000,000  from  the  miscellaneous  special revenue fund (339),
statewide public safety communications account (LZ),  to  the  miscella-
neous special revenue fund (339), local wireless public safety answering
point account (LW).

S. 56--B                           61                          A. 156--B

  7.  $23,559,000  from  the  miscellaneous  special revenue fund (339),
statewide public safety communications account (LZ), to the general debt
service fund (311), revenue bond tax account (02).
  8. $10,000,000 from federal miscellaneous operating grants fund (290),
DMNA damage account (71), to the general fund.
  9.  $6,000,000  from  the  general  fund  to the miscellaneous special
revenue fund (339), crimes against revenue program account (CA).
  10. $2,000,000 from the general fund  to  the  Attica  state  employee
victims' fund (013).
  11.  $20,000,000  from  any office of homeland security account within
the federal miscellaneous operating grants fund (290),  receiving  money
through the homeland security grants program, to the general fund.
  12.  $11,500,000  from the federal miscellaneous operating grants fund
(290) world trade center account, to the general fund.
  13. $4,800,000 from the federal miscellaneous  operating  grants  fund
(290)  world  trade center account, to the miscellaneous special revenue
fund (339) New York alert account.
  14. $100,000,000 from the miscellaneous special  revenue  fund  (339),
statewide  public safety communications account (LZ), to the state capi-
tal projects fund (002).
  15. $9,946,000 from the miscellaneous special revenue fund (339) crim-
inal justice improvement account (62) to the general fund.
  16. $7,200,000 from the miscellaneous special revenue fund (390) indi-
gent legal services fund (01), to the general fund.
  17. $600,000 from  the  agency  enterprise  fund  (331)  farm  program
account (FM), to the general fund.
  Transportation:
  1.  $17,672,000  from  the federal miscellaneous operating grants fund
(290) to the special revenue  fund  (339),  tri-state  federal  regional
planning account (17).
  2.  $20,147,000  from  the  federal capital projects fund (291) to the
special revenue fund (339), tri-state federal regional planning accounts
(17).
  3. $12,300,000 from the  miscellaneous  special  revenue  fund  (339),
compulsory insurance account (H7), to the general fund.
  4. $20,000,000 from the suburban transportation fund (327) to the mass
transportation  operating  assistance fund (313), additional mass trans-
portation fund account (06).
  5. $14,183,000 from the general fund to the mass transportation  oper-
ating assistance fund (313) public transportation systems accounts (01).
  6.  $16,721,000 from the mass transportation operating assistance fund
(313) metropolitan mass transit operating assistance  account  (02),  to
the mass transportation operating assistance fund (313) public transpor-
tation systems operating assistance account (01).
  7.  $478,234,000  from  the  general fund to the dedicated highway and
bridge trust fund (072).
  Miscellaneous:
  1. $75,000,000 from the general fund to any funds or accounts for  the
purpose of reimbursing certain outstanding accounts receivable balances.
  2.  $250,000,000  from  the general fund to the debt reduction reserve
fund (064).
  3. $23,300,000 from the general  fund  to  the  miscellaneous  special
revenue  fund  (339),  improvement  of  real property tax administrative
account (BZ).

S. 56--B                           62                          A. 156--B

  S 3. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2010:
  1.  Upon request of the commissioner of environmental conservation, up
to $10,463,500 from revenues credited to any of the department of  envi-
ronmental  conservation special revenue funds, including $3,068,300 from
the environmental protection and oil spill compensation fund (303),  and
$1,723,000  from  the  conservation  fund  (302),  to  the environmental
conservation special revenue fund (301), indirect charges account (BJ).
  2. Upon request of the commissioner of agriculture and markets, up  to
$3,000,000  from  any special revenue fund or enterprise fund within the
department of agriculture  and  markets  to  the  miscellaneous  special
revenue  fund  (339)  administrative  costs  account, to pay appropriate
administrative expenses.
  3. Upon request of the commissioner of agriculture and markets, up  to
$2,000,000  from  the  state  exposition  special fund (325), state fair
receipts account (01), or the industrial exhibit authority  fund  (450),
industrial  exhibit authority account (01), to the miscellaneous capital
projects fund (387), state fair capital improvement account (13).
  4. Upon request of the commissioner of the  division  of  housing  and
community  renewal, up to $2,911,000 from revenues credited to any divi-
sion of housing and community renewal miscellaneous special revenue fund
(339) to the agency cost recovery account (HI).
  5. Upon request of the commissioner of health up to  $15,000,000  from
revenues  credited  to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund  (339),  administration
account (AP).
  6.  Upon request of the director of the budget, up to $20,000,000 from
the miscellaneous special revenue fund (339),  statewide  public  safety
communications account (LZ), to the general fund.
  S  4.  Notwithstanding  section  2815  of the public health law or any
other contrary provision of law, upon the direction of the  director  of
the  budget  and  the commissioner of health, the dormitory authority of
the state of New York is directed  to  transfer  seven  million  dollars
annually  from  funds  available  and  uncommitted in the New York state
health care restructuring pool to the  health  care  reform  act  (HCRA)
resources fund - HCRA resources account.
  S  5.  Notwithstanding  any  law to the contrary, the state university
chancellor or his designee is authorized and directed to transfer  esti-
mated tuition revenue balances from the state university collection fund
(344)  to  the  state  university  fund  (345), state university revenue
offset account (12) on or before March 31, 2010.
  S 6. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, upon request of the state university chancel-
lor or his designee, up to $40,000,000 from the state university  income
fund  (345), state university hospitals income reimbursable account (22)
under hospital income reimbursable for services and expenses of hospital
operations and capital expenditures at the state  university  hospitals,
and  the  state  university income fund (345) Long Island veterans' home
account (09) to the state university capital projects fund (384)  on  or
before June 30, 2010.
  S  7.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $128,700,000 from the general fund to  the  state  university  income

S. 56--B                           63                          A. 156--B

fund  (345), state university hospitals income reimbursable account (22)
during the period July  1, 2009 through June 30, 2010 to reflect ongoing
state subsidy of SUNY hospitals and to pay  costs  attributable  to  the
SUNY hospitals' state agency status.
  S  8.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after  consultation
with  the  state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance,  from
the  state  university  collection  fund  (344),  Stony  Brook  hospital
collection account (07), Brooklyn hospital collection account (08),  and
Syracuse hospital collection account (09) to the state university income
fund  (345), state university hospitals income reimbursable account (22)
in the event insufficient funds are available in  the  state  university
income  fund  (345),  state  university  hospitals  income  reimbursable
account (22) to transfer moneys, in amounts  sufficient  to  permit  the
full  transfer  of  moneys  authorized for transfer, to the general debt
service fund (311) for payment of  debt  service  related  to  the  SUNY
hospitals.   Notwithstanding any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with  the  state
university  chancellor  or  his or her designee, to transfer moneys from
the state university income fund (345) to the  state  university  income
fund  (345), state university hospitals income reimbursable account (22)
in the event insufficient funds are available in  the  state  university
income  fund  (345),  state  university  hospitals  income  reimbursable
account (22) to pay hospital operating costs or to transfer  moneys,  in
amounts  sufficient to permit the full transfer of moneys authorized for
transfer, to the general debt service fund (311)  for  payment  of  debt
service related to the SUNY hospitals on or before March 31, 2010.
  S  9.  On  or before March 31, 2010, the comptroller is authorized and
directed to transfer the unencumbered balance from  the  family  benefit
fund (329) to the general fund.
  S  10.  On or before March 31, 2010, the comptroller is hereby author-
ized and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section  98-a  of
the  state  finance  law,  to  the agencies internal service fund (334),
banking services  account  (12),  for  the  purpose  of  meeting  direct
payments from such account.
  S  11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer monies, upon request of  the  director  of  the
budget,  on  or  before March 31, 2010, from and to any of the following
accounts: the miscellaneous special revenue fund (339),  patient  income
account  (13),  the  miscellaneous  special  revenue  fund (339), mental
hygiene program fund account or the general fund in any combination, the
aggregate of which shall not exceed $200 million.
  S 12. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, at the request of the director of the budget,
up to $200 million from the unencumbered balance of any special  revenue
fund  or  account,  or combination of funds and accounts, to the general
fund. The amounts transferred pursuant to this authorization shall be in
addition to any other transfers  expressly  authorized  in  the  2009-10
budget.  Transfers  from  federal  funds,  debt  service  funds, capital
projects funds, or the community projects fund are not permitted  pursu-
ant  to this authorization. The director of the budget shall notify both

S. 56--B                           64                          A. 156--B

houses of the legislature  in  writing  prior  to  initiating  transfers
pursuant to this authorization.
  S  13.  Subdivision  5  of section 97-rrr of the state finance law, as
amended by section 14 of part RR of chapter 57 of the laws of  2008,  is
amended to read as follows:
  5. Notwithstanding the provisions of section one hundred seventy-one-a
of  the  tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred  eight-
y-one, or any other provisions of law to the contrary, during the fiscal
year  beginning  April first, two thousand [eight] NINE, the state comp-
troller is hereby authorized and directed to deposit to the fund created
pursuant to this section from  amounts  collected  pursuant  to  article
twenty-two  of  the  tax law and pursuant to a schedule submitted by the
director of the budget, up to [$4,970,000,000] $3,524,450,000, as may be
certified in such schedule as necessary to meet  the  purposes  of  such
fund  for  the  fiscal  year beginning April first, two thousand [eight]
NINE.
  S 13-a. Section 51 of part RR of  chapter  57  of  the  laws  of  2008
providing  for  the administration of certain funds and accounts related
to the 2008-2009 budget, is amended to read as follows:
  S 51. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2008; provided,
however,  that the amendments to subdivision 6 of section 4 and subdivi-
sion 4 of section 40 of the state finance law made by  sections  fifteen
and  sixteen of this act shall expire on the same date such subdivisions
expire; and provided, further, however, that section thirty-four of this
act shall take effect on the same date as the reversion of section  69-c
of  the state finance law as provided in section 58 of part T of chapter
57 of the laws of 2007, as amended; provided, further that  such  amend-
ments  shall expire and be deemed repealed March 31, 2010; and provided,
further, however, that sections one, three, four, [fourteen,] and  eigh-
teen  through  twenty-seven of this act shall expire March 31, 2009 when
upon such date the provisions of such sections shall be deemed repealed;
AND PROVIDED FURTHER THAT SECTION FOURTEEN  OF  THIS  ACT  SHALL  EXPIRE
MARCH  31, 2010 WHEN UPON SUCH DATE THE PROVISIONS OF SUCH SECTION SHALL
BE DEEMED REPEALED.
  S 14. Section 41 of chapter 60 of  the  laws  of  1993,  amending  the
public  authorities law and other laws relating to the bonding authority
of the environmental facilities corporation is amended by adding  a  new
subdivision 4 to read as follows:
  4. MONEYS IN THE CONTINGENCY RESERVE FUND MAY BE TEMPORARILY LOANED TO
THE  GENERAL  FUND DURING ANY FISCAL YEAR IN ANTICIPATION OF THE RECEIPT
OF REVENUES FROM TAXES, FEES AND OTHER SOURCES REQUIRED TO BE PAID  INTO
THE  GENERAL  FUND DURING SUCH FISCAL YEAR. MONEYS SO TEMPORARILY LOANED
SHALL BE REPAID IN CASH DURING THE SAME FISCAL YEAR.
  S 15. Section 92-cc of the state finance law is amended  by  adding  a
new subdivision 5 to read as follows:
  5.  MONEYS  IN THE RAINY DAY RESERVE FUND MAY BE TEMPORARILY LOANED TO
THE GENERAL FUND DURING ANY FISCAL YEAR IN ANTICIPATION OF  THE  RECEIPT
OF  REVENUES FROM TAXES, FEES AND OTHER SOURCES REQUIRED TO BE PAID INTO
THE GENERAL FUND DURING SUCH FISCAL YEAR. MONEYS SO  TEMPORARILY  LOANED
SHALL BE REPAID IN CASH DURING THE SAME FISCAL YEAR.
  S  16. Subdivision 5 of section 4 of the state finance law, as amended
by chapter 524 of the laws of 2008, is amended to read as follows:
  5. No money or other  financial  resources  shall  be  transferred  or
temporarily  loaned  from one fund to another without specific statutory

S. 56--B                           65                          A. 156--B

authorization for such transfer or temporary  loan,  except  that  [the]
MONEY  OR  OTHER FINANCIAL RESOURCES OF A FUND MAY BE TEMPORARILY LOANED
TO THE GENERAL FUND DURING THE STATE FISCAL YEAR PROVIDED THAT SUCH LOAN
SHALL  BE REPAID IN FULL NO LATER THAN (A) FOUR MONTHS AFTER IT WAS MADE
OR (B) BY THE END OF THE SAME FISCAL YEAR IN WHICH IT WAS MADE, WHICHEV-
ER PERIOD IS SHORTER, SO THAT AN ACCURATE ACCOUNTING  AND  REPORTING  OF
THE  BALANCE  OF FINANCIAL RESOURCES IN EACH FUND MAY BE MADE. THE comp-
troller is hereby authorized to temporarily loan money from the  general
fund  or  any  other  fund  to  the fund/accounts that are authorized to
receive a loan. Such loans shall be limited to the  amounts  immediately
required to meet disbursements, made in pursuance of an appropriation by
law  and  authorized by a certificate of approval issued by the director
of the budget with copies thereof filed with  the  comptroller  and  the
chair of the senate finance committee and the chair of the assembly ways
and  means  committee. The director of the budget shall not issue such a
certificate unless he or she shall have determined that the  amounts  to
be  so  loaned  are receivable on account.  When making loans, the comp-
troller shall establish appropriate accounts and  if  the  loan  is  not
repaid  by  the end of the month, provide on or before the fifteenth day
of the following month to the director of the budget, the chair  of  the
senate  finance  committee  and the chair of the assembly ways and means
committee, an accurate accounting and report of the financial  resources
of  each  such  fund  at  the end of such month.  Within ten days of the
receipt of such accounting and reporting, the  director  of  the  budget
shall  provide  the  comptroller  and  the  chair  of the senate finance
committee and the chair of the assembly  ways  and  means  committee  an
expected  schedule of repayment by fund and by source for each outstand-
ing loan. Repayment shall be made by the comptroller from the first cash
receipt of this fund.
  S 17. Section 3 of part MM of chapter 59 of the laws of 2008, amending
chapter 57 of the laws of 2007, providing funding for certain  community
projects, relating to increasing such funding, is REPEALED.
  S 18. Subdivision (b) of section 1 of part P of chapter 57 of the laws
of  2007,  relating  to  the  provision  of funding of certain community
projects, as amended by section 1 of part MM of chapter 59 of  the  laws
of 2008, is amended to read as follows:
  (b)  [One hundred twenty-five] SIXTY-TWO million FIVE HUNDRED THOUSAND
dollars [($125,000,000)] ($62,500,000) for  the  period  April  1,  2009
through  March  31,  2010,  as follows:   sixty-two million five hundred
thousand dollars ($62,500,000) to account  AA[;  and  sixty-two  million
five hundred thousand dollars ($62,500,000) to account CC]. Such [trans-
fers]  TRANSFER  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  19.  Subdivision  (a)  of section 2 of part MM of chapter 59 of the
laws of 2008, amending chapter 57 of the laws of 2007, providing funding
of certain community projects, is amended to read as follows:
  (a)  [Seventy]  THIRTY  million   [six   hundred   thousand]   dollars
[($70,600,000)] ($30,000,000) for the period April 1, 2009 through March
31,  2010,  as  follows: thirty million dollars ($30,000,000) to account
AA[; thirty million dollars ($30,000,000) to account CC; and ten million
six hundred thousand dollars ($10,600,000) to account GG]. Such  [trans-
fers]  TRANSFER  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. 56--B                           66                          A. 156--B

  S  19-a.  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:
  (a)  Eighty-five million dollars ($85,000,000) for the period April 1,
2010 through March 31, 2011, as follows: forty-two million five  hundred
thousand dollars ($42,500,000) to account BB; and forty-two million five
hundred  thousand  dollars  ($42,500,000)  to account CC. Such transfers
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.
  (b)  Eighty-five million dollars ($85,000,000) for the period April 1,
2011 through March 31, 2012, as follows: forty-two million five  hundred
thousand dollars ($42,500,000) to account BB; and forty-two million five
hundred  thousand  dollars  ($42,500,000)  to account CC. Such transfers
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  19-b. Notwithstanding the provisions of subdivisions (a) and (b) of
section nineteen-a of this act, if, during  the  period  April  1,  2009
through March 31, 2010, an account has insufficient funds to make timely
payments  upon  presentment of proper vouchers therefor, the comptroller
is authorized and directed to transfer, upon the joint  request  of  the
director  of  the  budget, the secretary of the senate finance committee
and the secretary of the assembly ways  and  means  committee,  to  such
account  monies  that  are  otherwise authorized for transfer during the
period April 1, 2010 through March 31, 2011, provided, however that  the
monies  transferred to any account shall not exceed the total authorized
for such account in subdivision (a) of section nineteen-a of  this  act.
The  comptroller  shall provide the director of the budget, the chair of
the senate finance committee, and the chair of  the  assembly  ways  and
means  committee with an accurate accounting and report of any transfers
that occur pursuant to this section on or before the  fifteenth  day  of
the following month in which such transfers occur.
  S  20.  The  comptroller  is authorized and directed to deposit to the
general fund-state purposes account reimbursements from moneys appropri-
ated or reappropriated to the correctional facilities  capital  improve-
ment  fund (399) by a chapter of the laws of 2009.  Reimbursements shall
be available for spending from appropriations made to the department  of
correctional  services  in  the general fund-state purposes account by a
chapter of the laws of 2009 for costs associated with the administration
and security of capital projects and for other costs which are attribut-
able, according to a plan, to such capital projects.
  S 21. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the comptroller is hereby authorized and directed to deposit,
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds  of  notes  and  bonds  issued  by the environmental facilities
corporation for a capital appropriation for  $22,404,000  authorized  by
chapter  55  of  the  laws  of  1999  to the department of environmental
conservation for payment of a portion of the state's match  for  federal
capitalization  grants  for  the  water pollution control revolving loan
fund,  reimbursements  for  spending  from  various  appropriations  for
projects  related to the New York city watershed, reimbursement from the
proceeds of notes and  bonds  issued  by  the  environmental  facilities
corporation  for  a  capital appropriation for $22,500,000 authorized by
chapter 55 of the laws of 1999 to the  environmental  facilities  corpo-
ration  for payment for the jobs two thousand pipeline for jobs program,
reimbursement from the proceeds of notes and bonds issued by the  dormi-

S. 56--B                           67                          A. 156--B

tory  authority of the state of New York for a capital appropriation for
$47,500,000 authorized by chapter 55 of the laws of 1999 to  the  office
of  science,  technology  and academic research for payment for the jobs
two thousand capital facilities program, reimbursement from the proceeds
of notes and bonds issued by the dormitory authority of the state of New
York  for a capital appropriation for $145,000,000 authorized by chapter
53 of the laws of 1999 to the state education department for payment  of
capital construction grants to school districts pursuant to the rebuild-
ing  schools  to  uphold  education  program, and reimbursement from the
proceeds of notes and bonds issued by the urban development  corporation
for  a capital appropriation for $25,000,000 authorized by chapter 55 of
the laws of 1999 to all state agencies for payment of costs  related  to
economic development, land acquisition, and heritage trail projects.
  S  22.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed to  deposit,
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $43,383,000 authorized by chapter
55 of the laws of 2000 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund, to reimburse
spending from various appropriations for certain projects related to the
New  York  city  watershed, reimbursement from the proceeds of notes and
bonds issued by the urban development corporation for capital  appropri-
ation  for  $15,000,000  authorized by chapter 55 of the laws of 2000 to
the urban development corporation for payment  of  costs  related  to  a
sports  facility  in  the  city  of  Rochester,  reimbursement  from the
proceeds of notes and bonds issued by the urban development  corporation
of  the  state  of  New York for a capital appropriation for $50,000,000
authorized by chapter 55 of the laws of 2000 to  the  urban  development
corporation  for  payment  of  costs  related  to  economic  development
projects in the downtown Buffalo, the  Buffalo  inner  harbor  area,  or
surrounding  environs,  reimbursement  from  proceeds of notes and bonds
issued by the dormitory authority of the state of New York for a capital
appropriation for $225,000,000 authorized by chapter 55 of the  laws  of
2000 to all state agencies for payment of costs related to the strategic
investment  program,  reimbursement from the proceeds of notes and bonds
issued by the dormitory authority of the state of New York for a capital
appropriation for $50,000,000 authorized by chapter 53 of  the  laws  of
2000   to   the  state  education  department  for  payment  of  capital
construction grants to  school  districts  pursuant  to  the  rebuilding
schools to uphold education program, for reimbursement from the proceeds
of notes and bonds issued by the dormitory authority of the state of New
York  for  a capital appropriation for $15,000,000 authorized by chapter
53 of the laws of 2000 to the office of children and family services for
payment of costs  related  to  the  child  care  facilities  development
program,  and  for  reimbursement  from  the proceeds of notes and bonds
issued by the dormitory authority of the state of New York for a capital
appropriation for $10,000,000 authorized by chapter 55 of  the  laws  of
2000  to  the  office  of  science, technology and academic research for
payment of costs related to  biomedical  research  and/or  manufacturing
facilities.
  S  23.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-

S. 56--B                           68                          A. 156--B

ration for a capital appropriation for $29,772,000 authorized by chapter
54 of the laws of 2001 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund.
  S  24.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed to  deposit,
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,365,000 authorized by chapter
54 of the laws of 2002 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes and bonds issued by the  urban  develop-
ment  corporation  or other financing source for a capital appropriation
for $89,000,000 authorized by chapter 50 of the  laws  of  2002  to  the
office of general services for payment of capital construction costs for
the  Alfred  E.  Smith  office  building  located in the city of Albany,
reimbursement from the proceeds of notes and bonds issued by  the  urban
development  corporation or other financing source for capital appropri-
ations for $1,500,000 authorized by chapter 50 of the laws  of  2002  to
the office of general services for payment of capital construction costs
for  the Elk street parking garage building located in the city of Alba-
ny, reimbursement from the proceeds of notes  or  bonds  issued  by  the
urban  development  corporation  for  disbursements of up to $12,000,000
from any capital appropriation or reappropriation authorized by  chapter
50  of  the  laws  of 2002 to the office of general services for various
purposes, reimbursement from the proceeds of notes or  bonds  issued  by
the  urban  development  corporation  for  a  capital  appropriation  of
$13,250,000 authorized by chapter 55 of the laws of 2002 to  the  energy
research  and  development  authority  for  the Western New York Nuclear
Service Center at West Valley, reimbursement from the proceeds of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $14,300,000 authorized by chapter 55  of  the  laws  of
2002  to  the  urban development corporation to finance a portion of the
jobs now program, reimbursement from the  proceeds  of  notes  or  bonds
issued by the dormitory authority for disbursements of up to $20,800,000
from  any capital appropriation or reappropriation authorized by chapter
51 of the laws of 2002 to the  judiciary  for  courthouse  improvements,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation for disbursements  of  up  to  $15,000,000  from
appropriations  or reappropriations authorized by chapter 50 of the laws
of 2002 to any agency  for  costs  related  to  homeland  security,  and
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized  by chapter 54 of the laws of 2002 to the department of envi-
ronmental conservation for Onondaga lake.
  S 25. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $30,174,000 authorized by chapter
55 of the laws of 2003 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation or other financing source for  a  capital  appropriation  of

S. 56--B                           69                          A. 156--B

$19,500,000  authorized  by chapter 50 of the laws of 2003 to the office
50 of general services for payment of capital construction costs for the
51 Elk street parking garage building located in  the  city  of  Albany,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation for disbursements of up to $10,000,000 from  any
capital appropriation or reappropriation authorized by chapter 50 of the
laws  of  2003  to  the office of general services for various purposes,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $13,250,000
authorized by chapter 55 of the laws of 2003 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  dormitory authority for disbursements of up to $16,400,000 from any
capital appropriation or reappropriation authorized by chapter 51 of the
laws of 2003 to the judiciary for courthouse improvements, reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation  for  disbursements of up to $10,000,000 from appropriations
or reappropriations authorized by chapter 50 of the laws of 2003 to  any
agency  for  costs  related to homeland security, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $10,000,000 authorized by  chapter
55  of  the laws of 2003 to the department of environmental conservation
for Onondaga lake, reimbursement from the proceeds  of  notes  or  bonds
issued  by the environmental facilities corporation for disbursements of
up to $11,000,000 from any capital  appropriations  or  reappropriations
authorized  by chapter 55 of the laws of 2003 to the department of envi-
ronmental conservation for  environmental  purposes,  and  reimbursement
from  the  proceeds  of notes or bonds issued by the dormitory authority
for disbursements of up to $100,000,000  from  a  capital  appropriation
authorized  by chapter 50 of the laws of 2003 to the department of state
for enhanced 911 wireless service.
  S 26. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $28,893,000 authorized by chapter
55  of  the laws of 2004 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment  from  the  proceeds of notes or bonds issued by reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration for disbursements of up to $10,000,000 from any capital appropri-
ation or reappropriation authorized by chapter 50 of the laws of 2004 to
the  office of general services for various purposes, reimbursement from
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-

S. 56--B                           70                          A. 156--B

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  27.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,602,000 authorized by chapter
55 of the laws of 2005 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $10,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2005  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $11,350,000
authorized by chapter 55 of the laws of 2005 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2005 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $11,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2005 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by the urban development corporation for a capital  appropriation
of  $350,000,000  authorized  by  chapter 55 of the laws of 2005 for the
Javits center, reimbursement from the proceeds of notes or bonds  issued
by  the  dormitory  authority for a capital appropriation of $90,000,000
authorized by chapter 62 of the laws of 2005 for  regional  development,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  for a capital appropriation of $250,000,000 authorized by
chapter  62  of  the  laws  of  2005  for  technology  and  development,
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

S. 56--B                           71                          A. 156--B

dormitory authority or other financing source for  a  capital  appropri-
ation  of $4,000,000 authorized by chapter 50 of the laws of 2005 to the
office of general services for payment of capital construction costs for
the  Elk  street  parking garage building located in the city of Albany,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development  corporation  for  a  capital  appropriation  of $15,000,000
authorized by chapter 53 of the laws of  2005  to  the  state  education
department  for  payment of capital construction costs for public broad-
casting facilities, reimbursement from the proceeds of  notes  or  bonds
issued  by the urban development corporation for a capital appropriation
of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-
sion of state police for public protection facilities, and reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation for capital disbursements of up to $3,000,000 from any capi-
tal  appropriation  or  reappropriation  authorized by chapter 50 of the
laws of 2005 to the division of military and naval affairs  for  various
purposes.
  S  28.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,600,000 authorized by chapter
55 of the laws of 2006 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $20,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2006  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $14,000,000
authorized by chapter 55 of the laws of 2006 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2006 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $12,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2006 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000  from  any  capital  appropriation  or  reappropriation
authorized by chapter 50 of the laws of 2006 to the division of military
and  naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds  issued  by  the  urban  development  corporation  for
disbursements  of  up  to  $12,400,000 from any capital appropriation or
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

S. 56--B                           72                          A. 156--B

authorized by chapter 108 of the laws of 2006 to the  urban  development
corporation  for economic development/other projects, reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration for a capital appropriation of $269,500,000 authorized by chapter
108 of the laws of 2006 to the dormitory authority or the urban develop-
ment  corporation  for economic development projects, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority or  the
urban   development   corporation   for   a   capital  appropriation  of
$201,500,000 authorized by chapter 108 of the laws of 2006 to the  urban
development  corporation for university development projects, reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity or for a capital appropriation of $143,000,000 authorized by chapter
108 of the laws  of  2006  to  the  urban  development  corporation  for
cultural  facilities  projects, reimbursement from the proceeds of notes
or bonds issued by the dormitory  authority  or  the  urban  development
corporation  for  capital appropriations totaling $60,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development  corporation
for  energy/environmental  projects,  reimbursement from the proceeds of
notes or bonds issued by the dormitory authority or the  urban  develop-
ment  corporation  for a capital appropriation of $20,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development  corporation
for  a  competitive  solicitation for construction of a pilot cellulosic
ethanol refinery, reimbursement from the  proceeds  of  notes  or  bonds
issued  by the urban development corporation for a capital appropriation
of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
development corporation for services and expenses related to infrastruc-
ture for a new stadium in Queens  county,  and  reimbursement  from  the
proceeds  of  notes or bonds issued by the urban development corporation
for a capital appropriation of $74,700,000 authorized by chapter  55  of
the  laws  of 2006 to the urban development corporation for services and
expenses related to infrastructure improvements to construct a new park-
ing facility at a new stadium in Bronx county,  reimbursement  from  the
proceeds  of  notes  and  bonds  issued  by the environmental facilities
corporation for a capital appropriation  for  $5,000,000  authorized  by
chapter  55  of  the laws of 2006 to the environmental facilities corpo-
ration for payment for the pipeline for jobs program, reimbursement from
the proceeds of notes or bonds issued by  the  dormitory  authority  for
capital  disbursements  of  up to $14,000,000 from any capital appropri-
ation or reappropriation authorized by chapter 53 of the  laws  of  2006
for the library construction purpose, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory  authority for an appropriation of $2,000,000 authorized by chapter
53 of the laws of 2006 for a Cornell  equine  drug  testing  laboratory,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation or the dormitory authority for an  appropriation
of $1,200,000 authorized by chapter 53 of the laws of 2006 for the towns
of  Bristol and Canandaigua public water systems, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
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

S. 56--B                           73                          A. 156--B

$5,000,000 authorized by chapter 108 of the laws of 2006 for a state  of
New  York  umbilical cord bank, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation  or  the  dormitory
authority for an appropriation of $5,500,000 authorized by chapter 53 of
the  laws  of  2006  for  an  Old  Gore  mountain  ski  bowl connection,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development  corporation or the dormitory authority for an appropriation
of $2,000,000 authorized by chapter 53 of the laws of 2006 for a  Fredo-
nia  vineyard  laboratory,  reimbursement  from the proceeds of notes or
bonds issued by the  urban  development  corporation  or  the  dormitory
authority  for an appropriation of $99,500,000 authorized by chapter 108
of the laws of 2006 to the office for technology for payment of  capital
construction  costs  for  a consolidated data center, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority or  the
urban  development  corporation  for  an  appropriation  of  $40,000,000
authorized by chapter 108 of the laws of 2006 for a food testing labora-
tory, reimbursement from the proceeds of notes or bonds  issued  by  the
New  York  state  thruway  authority for an appropriation of $22,000,000
authorized by chapter 108 of the laws  of  2006  to  the  department  of
transportation  for  high speed rail, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation  for  capital
disbursements  of up to $500,000,000 from an appropriation authorized by
chapter 108 of the laws of 2006 to the urban development corporation for
development of a  semiconductor  manufacturing  facility,  reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation of up to $150,000,000 from an  appropriation  authorized  by
chapter 108 of the laws of 2006 to the urban development corporation for
research and development activities of a semiconductor manufacturer, and
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation for capital disbursements of up to  $300,000,000
from an appropriation to the urban development corporation authorized by
chapter 108 of the laws of 2006 for community revitalization projects.
  S  29.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,600,000 authorized by chapter
55 of the laws of 2007 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $20,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2007  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $13,500,000
authorized by chapter 55 of the laws of 2007 to the energy research  and
development authority for the Western New York Nuclear Service Center at
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-

S. 56--B                           74                          A. 156--B

mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000  from  any  capital  appropriation  or  reappropriation
authorized by chapter 50 of the laws of 2007 to the division of military
and  naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds  issued  by  the  urban  development  corporation  for
disbursements  from a capital appropriation of $50,000,000 authorized by
chapter 50 of the laws of 2007 to  the  division  of  state  police  for
construction  of  a Troop G facility, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for disburse-
ments from a capital appropriation of $6,000,000 authorized  by  chapter
50  of the laws of 2007 to the division of state police for construction
of evidence storage facilities, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital  appro-
priations  totaling  $77,900,000 authorized by chapter 51 of the laws of
2007 to the judiciary  for  court  training  facilities  and  courthouse
improvement  projects, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for a capital  appropriation
of $20,000,000 authorized by chapter 50 of the laws of 2007 to all state
departments  and  agencies  for the purchase of equipment, reimbursement
from the proceeds of notes or bonds issued by  the  dormitory  authority
for  capital  disbursements of up to $14,000,000 from any capital appro-
priation or reappropriation authorized by chapter 53 of the laws of 2007
for library construction, reimbursement from the proceeds  of  notes  or
bonds  issued by the dormitory authority for capital disbursements of up
to $60,000,000 from any capital appropriation or reappropriation author-
ized by chapter 53 of the laws of 2007 for  cultural  education  storage
facilities,  reimbursement from the proceeds of notes or bonds issued by
the urban development corporation for capital  disbursements  of  up  to
$15,000,000 from any capital appropriation or reappropriation authorized
by  chapter  55  of  the laws of 2007 for the Roosevelt Island Operating
Corporation aerial tramway, reimbursement from the proceeds of notes  or
bonds  issued by the urban development corporation for capital disburse-
ments of up to $20,000,000 from any capital appropriation or reappropri-
ation authorized by chapter 55  of  the  laws  of  2007  for  Governor's
Island,  reimbursement from the proceeds of notes or bonds issued by the
urban  development  corporation  for  capital  disbursements  of  up  to
$7,500,000  from any capital appropriation or reappropriation authorized
by chapter 55 of the laws of 2007 for Harriman research  and  technology
park,  reimbursement  from  the proceeds of notes or bonds issued by the
urban  development  corporation  for  capital  disbursements  of  up  to
$7,950,000  from any capital appropriation or reappropriation authorized
by chapter 55 of the laws of 2007 for  USA  Niagara,  and  reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation for capital disbursements of up to $1,300,000 from appropri-
ations authorized by chapter 50 of the laws of 2007 made to  the  office
of general services for legislative office building hearing rooms.
  S  30.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,600,000 authorized by chapter
55 of the laws of 2008 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development

S. 56--B                           75                          A. 156--B

corporation for a capital appropriation of  $141,000,000  authorized  by
chapter 50 of the laws of 2008 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds  of  notes or bonds issued by the urban development corporation
for disbursements of up to $45,500,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the  laws  of  2008  to  the
office  of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $13,500,000 authorized by  chapter
55  of the laws of 2008 to the energy research and development authority
for the  Western  New  York  Nuclear  Service  Center  at  West  Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized  by chapter 55 of the laws of 2008 to the department of envi-
ronmental  conservation  for  Onondaga  lake,  reimbursement  from   the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations  or reappropriations authorized by chapter 55 of the laws of 2008
to  the  department  of  environmental  conservation  for  environmental
purposes,  reimbursement  from  the proceeds of notes or bonds issued by
the urban development corporation for capital  disbursements  of  up  to
$3,000,000  from any capital appropriation or reappropriation authorized
by chapter 50 of the laws of 2008 to the division of military and  naval
affairs  for  various purposes, reimbursement from the proceeds of notes
or bonds issued by the  urban  development  corporation  for  a  capital
appropriation  of  $11,000,000  authorized  by chapter 50 of the laws of
2008 to the office for technology for the costs of development of inter-
im data center facilities, reimbursement from the proceeds of  notes  or
bonds  issued  by the urban development corporation for a capital appro-
priation of $10,000,000 authorized by chapter 50 of the laws of 2008  to
the  office  for technology for activities related to broadband service,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development  corporation  for  a  capital  appropriation  of  $6,000,000
authorized by chapter 50 of the laws of 2008 to the  division  of  state
police for rehabilitation of facilities, reimbursement from the proceeds
and notes or bonds issued by the Dormitory Authority of the State of New
York or other financing source for a capital appropriation authorized by
chapter  55 of the laws of 2008 for $14,000,000 to the education depart-
ment for library construction, reimbursement from the proceeds and notes
or bonds issued by the Dormitory Authority of the State of New  York  or
other financing source for a capital appropriation authorized by chapter
55  of  the laws of 2008 for $12,585,000 to the education department for
state records center expansion,  reimbursement  from  the  proceeds  and
notes  or  bonds  issued  by the Dormitory Authority of the State of New
York or other financing source for a capital appropriation authorized by
chapter 55 of the laws of 2008 for $15,000,000 to the education  depart-
ment  for  museum  renewal  project,  reimbursement from the proceeds of
notes or bonds issued by the urban development corporation  for  capital
appropriation  of  $50,000,000  authorized  by chapter 53 of the laws of
2008 to the urban development  corporation  for  services  and  expenses
related  to  the  investment  opportunity  fund,  reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for capital appropriation of $30,000,000 authorized by chapter 53 of the
laws  of  2008  to  the  urban  development corporation for services and
expenses related to arts and cultural projects, reimbursement  from  the
proceeds  of  bonds or notes issued by the urban development corporation

S. 56--B                           76                          A. 156--B

for a capital appropriation of $35,000,000 authorized by chapter  53  of
the  laws  of  2008  for  economic  and  community development projects,
reimbursement from the proceeds of bonds or notes issued  by  the  urban
development  corporation  for  a  capital  appropriation  of $30,000,000
authorized by chapter 53 of the laws of 2008 for New York City    water-
front  development projects, reimbursement from the proceeds of bonds or
notes issued by the urban development corporation for a  capital  appro-
priation of $45,000,000 authorized by chapter 53 of the laws of 2008 for
luther  forest  infrastructure projects, reimbursement from the proceeds
of notes or bonds issued by the urban development corporation for  capi-
tal appropriation of $35,000,000 authorized by chapter 53 of the laws of
2008  to  the  urban  development  corporation for services and expenses
related to downstate regional projects, reimbursement from the  proceeds
of  notes or bonds issued by the urban development corporation for capi-
tal appropriation of $145,000,000 authorized by chapter 53 of  the  laws
of  2008  to the urban development corporation for services and expenses
related  to  upstate  city-by-city  projects,  reimbursement  from   the
proceeds  of  notes or bonds issued by the urban development corporation
for capital appropriation of $35,000,000 authorized by chapter 53 of the
laws of 2008 to the  urban  development  corporation  for  services  and
expenses related to the downstate revitalization projects, reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation for capital  appropriation  of  $120,000,000  authorized  by
chapter  53 of the laws of 2008 to the urban development corporation for
services and expenses related to the upstate  regional  blueprint  fund,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation for capital appropriation of $40,000,000 author-
ized by chapter 53 of the laws of 2008 to the urban  development  corpo-
ration  for  services  and  expenses related to the upstate agricultural
economic development fund, reimbursement from the proceeds of  notes  or
bonds  issued by the urban development corporation for capital appropri-
ation of $350,000,000 authorized by chapter 53 of the laws  of  2008  to
the  urban  development corporation for services and expenses related to
the New York state capital assistance program,  reimbursement  from  the
proceeds  of  notes or bonds issued by the urban development corporation
for capital appropriation of $350,000,000 authorized by  chapter  53  of
the  laws  of 2008 to the urban development corporation for services and
expenses related to the New York state economic  development  assistance
program, and reimbursement from the proceeds of notes or bonds issued by
the   urban   development   corporation  for  capital  appropriation  of
$20,000,000 authorized by chapter 55 of the laws of 2008  to  the  urban
development  corporation for services and expenses related to the empire
state economic development fund.
  S 31. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,600,000 authorized by a chap-
ter  of the laws of 2009 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for a capital appropriation of $129,800,000 authorized by a
chapter of the laws of 2009 to all state departments  and  agencies  for
the purchase of equipment or systems development, reimbursement from the
proceeds  of  notes or bonds issued by the urban development corporation

S. 56--B                           77                          A. 156--B

for disbursements of up to $24,000,000 from any capital appropriation or
reappropriation authorized by a chapter of  the  laws  of  2009  to  the
office  of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $13,500,000 authorized by a chap-
ter of the laws of 2009 to the energy research and development authority
for the  Western  New  York  Nuclear  Service  Center  at  West  Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized  by  a chapter of the laws of 2009 to the department of envi-
ronmental  conservation  for  Onondaga  lake,  reimbursement  from   the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations  or  reappropriations authorized by a chapter of the laws of 2009
to  the  department  of  environmental  conservation  for  environmental
purposes,  reimbursement  from  the proceeds of notes or bonds issued by
the urban development corporation for capital  disbursements  of  up  to
$3,000,000  from any capital appropriation or reappropriation authorized
by a chapter of the laws of 2009 to the division of military  and  naval
affairs  for  various purposes, reimbursement from the proceeds of notes
or bonds issued by the  urban  development  corporation  for  a  capital
appropriation  of $6,000,000 authorized by a chapter of the laws of 2009
to the division  of  state  police  for  rehabilitation  of  facilities,
reimbursement  from the proceeds and notes or bonds issued by the Dormi-
tory Authority of the State of New York or other financing source for  a
capital  appropriation for $14,000,000 to the State Education Department
for library construction, reimbursement from the proceeds and  notes  or
bonds  issued  by  the  Dormitory  Authority of the State of New York or
other financing source for a capital appropriation for $4,000,000 to the
State Education Department for rehabilitation associated  with  the  St.
Regis  Mohawk  elementary  school authorized by a chapter of the laws of
2009 and reimbursement from the proceeds of notes or bonds issued by the
urban development corporation for capital appropriation  of  $25,000,000
authorized  by  a  chapter  of the laws of 2009 to the urban development
corporation for services  and  expenses  related  to  the  empire  state
economic development fund.
  S  31-a.  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 a chapter of  the  laws  of  2009  for  drug
courts.
  S  32.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  city  university  special  revenue fund (377),
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry Authority of the State of New York for capital disbursements of up to
$20,000,000 from any appropriation or reappropriation  authorized  by  a
chapter of the laws of 2009 to the city university of New York for vari-
ous purposes.
  S  33.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services  fund  debt  service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement

S. 56--B                           78                          A. 156--B

between the dormitory authority of the state of New York as successor to
the  New  York  state  medical  care  facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995  and  the  department  of  mental hygiene for the purpose of making
payments to the dormitory authority of the state of  New  York  for  the
amount  of  the  earnings  for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to  the  provisions  of
the  internal  revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal  income  taxation  on  the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. On or before June 30, 2010, such agency shall
certify  to  the  state  comptroller  its  determination  of the amounts
received in the mental health services fund as a result of  the  invest-
ment  of monies deposited therein that will or may have to be rebated to
the federal government pursuant to the provisions of the internal reven-
ue code of 1986, as amended.
  S 34. (1) Notwithstanding any other law, rule, or  regulation  to  the
contrary,  the state comptroller shall at the commencement of each month
certify to the director of the budget, the commissioner of environmental
conservation, the chair of the senate finance committee, and  the  chair
of  the assembly ways and means committee the amounts disbursed from all
appropriations for hazardous waste site  remediation  disbursements  for
the month preceding such certification.
  (2)  Notwithstanding any law to the contrary, prior to the issuance by
the comptroller of bonds authorized pursuant to subdivision a of section
4 of the environmental quality bond act of nineteen hundred  eighty-six,
as  enacted  by  chapter 511 of the laws of 1986, disbursements from all
appropriations for that purpose shall first be  reimbursed  from  moneys
credited  to  the  hazardous waste remedial fund, site investigation and
construction account,  to  the  extent  moneys  are  available  in  such
account.  For  purposes of determining moneys available in such account,
the commissioner of environmental  conservation  shall  certify  to  the
comptroller  the  amounts  required  for administration of the hazardous
waste remedial program.
  (3) The comptroller is hereby authorized and directed to transfer  any
balance above the amounts certified by the commissioner of environmental
conservation  to  reimburse disbursements pursuant to all appropriations
from such site investigation and construction account; provided,  howev-
er,  that  if  such  transfers  are  determined by the comptroller to be
insufficient to assure that interest paid  to  holders  of  state  obli-
gations  issued  for  hazardous  waste purposes pursuant to the environ-
mental quality bond act of nineteen hundred eighty-six,  as  enacted  by
chapter 511 of the laws of 1986, is exempt from federal income taxation,
the comptroller is hereby authorized and directed to transfer, from such
site  investigation  and  construction  account to the general fund, the
amount necessary to redeem bonds in an amount necessary  to  assure  the
continuation  of such tax exempt status. Prior to the making of any such
transfers, the comptroller shall notify the director of  the  budget  of
the amount of such transfers.
  S  35. Section 69-c of the state finance law, as amended by section 34
of part RR of chapter 57 of the laws of 2008,  is  amended  to  read  as
follows:
  S  69-c.  Variable  rate bonds. Notwithstanding any other provision of
law to the contrary, any State-supported debt may be issued as  variable
rate bonds.

S. 56--B                           79                          A. 156--B

  Notwithstanding  any  other  provision  of  law  to  the contrary, for
purposes of calculating the present value of debt service and  calculat-
ing  savings  in connection with the issuance of refunding indebtedness,
(i) the effective interest rate and debt  service  payable  on  variable
rate  bonds in connection with which, and to the extent that, an author-
ized issuer has entered into an interest rate exchange or similar agree-
ment pursuant to which the authorized issuer makes payments based  on  a
fixed  rate  and  receives  payments  based  on  a variable rate that is
reasonably expected by such authorized issuer to be equivalent over time
to the variable rate paid on the related variable rate bonds,  shall  be
calculated  assuming  that  the  rate  of interest on such variable rate
bonds is the fixed rate payable by the authorized issuer on such  inter-
est  rate  exchange  or similar agreement for the scheduled term of such
agreement; (ii) the effective interest rate and debt service on variable
rate bonds in connection with which, and to the extent that, an  author-
ized issuer has not entered into such an interest rate exchange or simi-
lar  agreement  shall be calculated assuming that interest on such vari-
able interest rate bonds is  payable  at  a  rate  or  rates  reasonably
assumed  by the authorized issuer; (iii) the effective interest rate and
debt service on any bonds subject to optional or mandatory tender  shall
be  a  rate  or rates reasonably assumed by the authorized issuer; [and]
(iv) ANY VARIABLE RATE BONDS THAT ARE CONVERTED OR REFUNDED TO  A  FIXED
RATE, WHETHER OR NOT FINANCED ON AN INTERIM BASIS WITH BOND ANTICIPATION
NOTES,  SHALL  BE  ASSUMED  TO GENERATE A PRESENT VALUE SAVINGS; AND (V)
otherwise, the effective interest rate and debt  service  on  any  bonds
shall be calculated at a rate or rates reasonably assumed by the author-
ized issuer. Notwithstanding any other provision of law to the contrary,
for  calculating  the  present  value  of  debt  service and calculating
savings in connection with the issuance of refunding  indebtedness,  the
refunding  of variable rate debt instruments with new variable rate debt
instruments shall be excluded from any such requirements, if effectuated
for sound business purposes.
  S 36. Paragraph (c) of subdivision 19 of section 1680  of  the  public
authorities  law,  as  amended by section 35 of part RR of chapter 57 of
the laws of 2008, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any  bonds  for  state
university  educational  facilities  purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on  and  after  July  first,  nineteen
hundred  eighty-eight  for  state university educational facilities will
exceed [eight]  TEN  billion  [five  hundred  eighty-three]  EIGHTY-NINE
million  dollars;  provided,  however, that bonds issued or to be issued
shall be excluded from such limitation if: (1) such bonds are issued  to
refund   state   university  construction  bonds  and  state  university
construction notes previously issued by the housing finance  agency;  or
(2)  such  bonds  are  issued  to refund bonds of the authority or other
obligations issued for state university educational facilities  purposes
and  the  present  value  of the aggregate debt service on the refunding
bonds does not exceed the present value of the aggregate debt service on
the bonds refunded thereby; provided, further that upon certification by
the director of the budget that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two  and
March  thirty-first,  nineteen  hundred  ninety-three will generate long
term economic benefits to the state, as  assessed  on  a  present  value
basis,  such  issuance will be deemed to have met the present value test

S. 56--B                           80                          A. 156--B

noted above. For purposes of this subdivision, the present value of  the
aggregate  debt  service  of  the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest  cost  of the refunding bonds, which shall be that rate arrived
at by doubling the semi-annual interest rate (compounded  semi-annually)
necessary  to  discount the debt service payments on the refunding bonds
from the payment dates thereof to the date of  issue  of  the  refunding
bonds  to  the purchase price of the refunding bonds, including interest
accrued thereon prior to the issuance  thereof.  The  maturity  of  such
bonds,  other  than  bonds issued to refund outstanding bonds, shall not
exceed the weighted average economic life, as  certified  by  the  state
university construction fund, of the facilities in connection with which
the  bonds  are  issued,  and  in any case not later than the earlier of
thirty years or the expiration of the term of  any  lease,  sublease  or
other  agreement  relating  thereto;  provided  that  no note, including
renewals thereof, shall mature later than five years after the  date  of
issuance  of  such  note. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the  dormitory  authority,
the  state university of New York, and the state university construction
fund are prohibited from covenanting or making any other agreements with
or for the benefit of bondholders which might in  any  way  affect  such
right.
  S  37.  Paragraph  j  of  subdivision  2 of section 1680 of the public
authorities law, as amended by section 36 of part RR of  chapter  57  of
the laws of 2008, is amended to read as follows:
  j.  Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two  for  a  housing  unit  for  the  use  of
students  at  a  state-operated  institution  or  statutory  or contract
college under the jurisdiction of the state university of New York shall
be one billion [one] TWO hundred [fifty] THIRTY  million  dollars.  Such
amount  shall be exclusive of bonds and notes issued to fund any reserve
fund or funds, costs of issuance, and to refund  any  outstanding  bonds
and notes relating to a housing unit under the jurisdiction of the state
university of New York.
  S  38. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 37 of part RR of chapter 57 of the laws  of  2008,
is amended to read as follows:
  10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to  the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first,  two  thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be  [four]  FIVE  hundred
[sixty-six]  THIRTY-SIX  million dollars. Such amount shall be exclusive
of bonds and notes issued to fund any reserve fund or  funds,  costs  of
issuance and to refund any outstanding bonds and notes, issued on behalf
of the state, relating to a locally sponsored community college.
  S  39.  Paragraph  (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 38 of part RR of  chapter  57  of
the laws of 2008, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  (i)  the  dormitory  authority  shall not deliver a series of
bonds for city university community college facilities, except to refund
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-

S. 56--B                           81                          A. 156--B

five  or any resolution supplemental thereto, if the principal amount of
bonds so to be issued when added  to  all  principal  amounts  of  bonds
previously  issued by the dormitory authority for city university commu-
nity  college  facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college  facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii)  the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college  facilities,
pursuant  to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except  to  refund  or  to  be
substituted for or in lieu of other bonds in relation to city university
facilities  and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to  July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to  be  issued  when  added  to the principal amount of bonds previously
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other  bonds  in  relation  to  city
university  facilities,  will  exceed  six  billion  [one] EIGHT hundred
[eighteen] FORTY-THREE million two hundred thousand dollars. The  legis-
lature  reserves  the right to amend or repeal such limit, and the state
of New York, the dormitory authority, the city university, and the  fund
are  prohibited  from covenanting or making any other agreements with or
for the benefit of bondholders which might in any way affect such right.
  S 40. Subdivision 1 of section 1689-i of the public  authorities  law,
as  amended  by section 39 of part RR of chapter 57 of the laws of 2008,
is amended to read as follows:
  1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
request  of  the  commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified  by  such  commissioner  not  to
exceed  a  total  principal  amount  of  [forty-two]  FIFTY-SIX  million
dollars.
  S 41. Subdivision 1 of section 1680-m of the public  authorities  law,
as  amended  by section 40 of part RR of chapter 57 of the laws of 2008,
is amended to read as follows:
  1. Notwithstanding the provisions of any other law  to  the  contrary,
the  authority  and the urban development corporation are hereby author-
ized to issue bonds or notes in one or more series for  the  purpose  of
funding  project  costs  for  construction and rehabilitation associated
with the cultural education facilities AND THE ST. REGIS MOHAWK  ELEMEN-
TARY  SCHOOL.   The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed [eighty-seven]  NINETY-
ONE  million  five hundred eighty-five thousand dollars, excluding bonds
issued to fund one or more debt service reserve funds, to pay  costs  of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
authority  and  the urban development corporation shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they  be
payable  out  of any funds other than those appropriated by the state to
the authority for principal, interest, and related expenses pursuant  to
a  service  contract  and such bonds and notes shall contain on the face
thereof a statement to such effect. Except  for  purposes  of  complying
with  the  internal  revenue  code,  any  interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.

S. 56--B                           82                          A. 156--B

  S 42. Subdivision 3 of section 1285-p of the public  authorities  law,
as  amended  by section 41 of part RR of chapter 57 of the laws of 2008,
is amended to read as follows:
  3.  The  maximum amount of bonds that may be issued for the purpose of
financing  environmental  infrastructure  projects  authorized  by  this
section  shall be [six] EIGHT hundred [ninety-eight] 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 previ-
ously issued. Such bonds and notes of the corporation  shall  not  be  a
debt  of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those  appropriated  by  the
state  to the corporation for debt service and related expenses pursuant
to any service contracts executed pursuant to subdivision  one  of  this
section,  and  such  bonds and notes shall contain on the face thereof a
statement to such effect.
  S 43. Subdivision (a) of section 27 of part Y of  chapter  61  of  the
laws  of  2005,  providing  for  the administration of certain funds and
accounts related to the 2005-2006 budget, as amended by  section  42  of
part  RR  of  chapter  57  of  the  laws  of 2008, is amended to read as
follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes  in  one
or   more  series  in  an  aggregate  principal  amount  not  to  exceed
[$108,100,000] $114,100,000, excluding bonds issued to  finance  one  or
more debt service reserve funds, to pay costs of issuance of such bonds,
and  bonds  or  notes  issued to refund or otherwise repay such bonds or
notes previously issued, for the purpose of financing  capital  projects
for division of state police facilities, debt service and leases; and to
reimburse  the  state general fund for disbursements made therefor. Such
bonds and notes of such authorized issuer shall not be  a  debt  of  the
state,  and  the  state  shall  not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the  state  to
such authorized issuer for debt service and related expenses pursuant to
any  service  contract  executed  pursuant  to  subdivision  (b) of this
section and such bonds and notes shall contain on  the  face  thereof  a
statement  to  such  effect.  Except  for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
  S 44. Subdivision (a) of section 48 of part K of  chapter  81  of  the
laws  of  2002,  providing  for  the administration of certain funds and
accounts related to the 2002-2003 budget, as amended by  section  43  of
part  RR  of  chapter  57  of  the  laws  of 2008, is amended to read as
follows:
  (a) Subject to the provisions of chapter 59 of the laws of 2000[,] but
notwithstanding the provisions of section 18 of  the  urban  development
corporation  act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an  aggregate  principal  amount  not  to
exceed  $25,000,000  excluding  bonds  issued  to  fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes  previ-
ously  issued,  for  the  purpose  of financing capital costs related to
homeland security for the division of  state  police,  the  division  of
military  and  naval  affairs, and any other state agency, including the
reimbursement of any disbursements made from the state capital  projects

S. 56--B                           83                          A. 156--B

fund,  and  is  hereby authorized to issue bonds or notes in one or more
series in an aggregate principal amount  not  to  exceed  [$128,800,000]
$155,800,000,  excluding  bonds  issued to fund one or more debt service
reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued, for the purpose of financing improvements to State office build-
ings and other facilities located statewide, including the reimbursement
of any disbursements made from the state  capital  projects  fund.  Such
bonds and notes of the corporation shall not be a debt of the state, and
the  state shall not be liable thereon, nor shall they be payable out of
any funds other than those appropriated by the state to the  corporation
for  debt service and related expenses pursuant to any service contracts
executed pursuant to subdivision (b) of this section, and such bonds and
notes shall contain on the face thereof a statement to such effect.
  Except for purposes of complying with the internal revenue  code,  any
interest  income  earned on bond proceeds shall only be used to pay debt
service on such bonds.
  S 45. Subdivision 4 of section 66-b  of  the  state  finance  law,  as
amended  by  section 44 of part RR of chapter 57 of the laws of 2008, is
amended to read as follows:
  4. Subject to the provisions of chapter fifty-nine of the laws of  two
thousand, but notwithstanding any other provisions of law to the contra-
ry,  the  maximum  amount  of  certificates  of participation or similar
instruments representing periodic payments due from  the  state  of  New
York,  issued  on  behalf  of  state  departments and agencies, the city
university of New York and any other state  entity  otherwise  specified
after  March  thirty-first,  two  thousand  three  shall  be [four] FIVE
hundred [thirty-four] SIXTY-FOUR million dollars. Such amount  shall  be
exclusive of certificates of participation or similar instruments issued
to  fund  a  reserve  fund  or  funds,  costs  of issuance and to refund
outstanding certificates of participation.
  S 46. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, providing for the  financing  of  the  correctional  facilities
improvement  fund and the youth facility improvement fund, as amended by
section 46 of part RR of chapter 57 of the laws of 2008, is  amended  to
read as follows:
  1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes  and  other  obligations  in  an
aggregate  principal  amount  not  to  exceed  five billion [five] EIGHT
hundred [eleven] THIRTY-SEVEN  million  [four]  EIGHT  hundred  thousand
dollars  [$5,511,400,000]  $5,837,800,000,  and shall include all bonds,
notes and other obligations issued pursuant to chapter 56 of the laws of
1983, as amended or supplemented. The proceeds of such bonds,  notes  or
other obligations shall be paid to the state, for deposit in the correc-
tional facilities capital improvement fund to pay for all or any portion
of  the amount or amounts paid by the state from appropriations or reap-
propriations made to the department of correctional  services  from  the
correctional  facilities  capital improvement fund for capital projects.
The aggregate amount of bonds, notes or other obligations authorized  to
be  issued  pursuant to this section shall exclude bonds, notes or other
obligations issued to refund or otherwise repay bonds,  notes  or  other
obligations  theretofore  issued, the proceeds of which were paid to the
state for all or a portion of the amounts expended  by  the  state  from
appropriations or reappropriations made to the department of correction-

S. 56--B                           84                          A. 156--B

al  services;  provided, however, that upon any such refunding or repay-
ment the total aggregate principal amount of outstanding bonds, notes or
other obligations may be greater than five billion [five] EIGHT  hundred
[eleven]  THIRTY-SEVEN  million  [four]  EIGHT  hundred thousand dollars
[$5,511,400,000] $5,837,800,000, only if the present value of the aggre-
gate debt service of the refunding or repayment bonds,  notes  or  other
obligations  to  be  issued  shall  not  exceed the present value of the
aggregate debt service of the bonds, notes or other obligations so to be
refunded or repaid. For the purposes hereof, the present  value  of  the
aggregate  debt  service  of  the refunding or repayment bonds, notes or
other obligations and of the aggregate debt service of the bonds,  notes
or  other  obligations  so  refunded  or  repaid, shall be calculated by
utilizing the effective interest rate  of  the  refunding  or  repayment
bonds,  notes  or other obligations, which shall be that rate arrived at
by doubling the semi-annual  interest  rate  (compounded  semi-annually)
necessary  to  discount  the  debt  service payments on the refunding or
repayment bonds, notes or other obligations from the payment dates ther-
eof to the date of issue of the refunding or repayment bonds,  notes  or
other  obligations  and  to  the  price  bid including estimated accrued
interest or proceeds received by  the  corporation  including  estimated
accrued interest from the sale thereof.
  S  47.  Paragraph  (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 2 of part B of chapter  2  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  [three]  FOUR
hundred  [twenty-two]  TWENTY-EIGHT million [nine] ONE hundred forty-one
thousand dollars, plus a principal amount of bonds issued  to  fund  the
debt  service  reserve  fund in accordance with the debt service reserve
fund requirement established  by  the  agency  and  to  fund  any  other
reserves  that the agency reasonably deems necessary for the security or
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 48. The section heading and subdivision 1 of section 43 of section 1
of chapter 174 of the laws of 1968,  constituting  the  New  York  state
urban  development corporation act, as added by section 48 of part RR of
chapter 57 of the laws of 2008, are amended to read as follows:
  2008 AND 2009 Economic development initiatives. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and

S. 56--B                           85                          A. 156--B

the corporation are hereby authorized to issue bonds or notes in one  or
more series for the purpose of funding project costs for various econom-
ic  development and regional initiatives, the upstate regional blueprint
fund,  the  downstate  revitalization  fund,  the  upstate  agricultural
economic fund, the New York state capital assistance  program,  the  New
York state economic development assistance program and other state costs
associated  with  such projects. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall  not  exceed  one
billion [two] THREE hundred [eighty-five] TEN million dollars, excluding
bonds  issued  to  fund  one  or more debt service reserve funds, to pay
costs of issuance of such bonds, and bonds or notes issued to refund  or
otherwise  repay  such  bonds or notes previously issued. Such bonds and
notes of the dormitory authority and the corporation shall not be a debt
of the state, and the state shall not be liable thereon, nor shall  they
be  payable  out of any funds other than those appropriated by the state
to the dormitory authority and the corporation for principal,  interest,
and  related  expenses pursuant to a service contract and such bonds and
notes shall contain on the face thereof  a  statement  to  such  effect.
Except  for  purposes  of  complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to  pay  debt
service on such bonds.
  S  49.  Subdivision  (b)  of  section 11 of chapter 329 of the laws of
1991, amending the state finance law and  other  laws  relating  to  the
establishment of the dedicated highway and bridge trust fund, as amended
by  section  50 of part RR of chapter 57 of the laws of 2008, is amended
to read as follows:
  (b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the  highway  law  and  section
14-k of the transportation law, and entered into pursuant to subdivision
(a)  of  this  section,  shall  provide for state commitments to provide
annually to the thruway authority a sum or sums,  upon  such  terms  and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations  of  the thruway authority issued to fund such projects having a
cost not in excess of [$5,806,200,000]  $5,860,800,000  cumulatively  by
the end of fiscal year 2009-10.
  S  49-a.  (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 previously 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  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

S. 56--B                           86                          A. 156--B

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.
  (b) Notwithstanding any other law, rule or regulation to the contrary,
in order to assist the corporation and the dormitory authority in under-
taking  the administration and financing of the H. H. Richardson Complex
and Darwin Martin House pursuant to  an  appropriation  contained  in  a
chapter  of  the  laws  of  2006,  the  director of the budget is hereby
authorized to enter into one or more service contracts with  the  corpo-
ration and the dormitory authority, none of which shall exceed more than
30  years in duration, upon such terms and conditions as the director of
the budget and the corporation and the dormitory authority shall  agree,
so  as to annually provide to the corporation and the dormitory authori-
ty, in the aggregate, a sum  not  to  exceed  the  annual  debt  service
payments  and  related  expenses required for the bonds and notes issued
pursuant to this section. Any service contract entered into pursuant  to
this  subdivision  shall provide that the obligation of the state to pay
the amount therein provided shall not constitute a  debt  of  the  state
within  the  meaning  of  any  constitutional or statutory provision and
shall be deemed executory only to the extent  of  monies  available  and
that  no  liability  shall  be  incurred  by the state beyond the monies
available for such purposes, subject  to  annual  appropriation  by  the
legislature. Any such contract or any payments made or to be made there-
under  may  be  assigned or pledged by the corporation and the dormitory
authority as security for its bonds and notes,  as  authorized  by  this
section.
  S  49-b.  Section  1680-o  of  the public authorities law, as added by
section 44 of part T of chapter 57 of the laws of 2007,  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  [seventy-seven]
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.
  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  eligible  courthouse  improvements,  DRUG
COURTS,  and  training  facilities, the director of the budget is hereby

S. 56--B                           87                          A. 156--B

authorized to enter into one or more service contracts with the authori-
ty 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 authority and the urban develop-
ment 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  49-c.  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 of part  RR
of chapter 57 of the laws of 2008, is amended to read as follows:
  b.  The  agency shall have power and is hereby authorized from time to
time to issue negotiable bonds and notes in conformity  with  applicable
provisions  of  the uniform commercial code in such principal amount as,
in the opinion of the agency, shall  be  necessary,  after  taking  into
account  other moneys which may be available for the purpose, to provide
sufficient funds to  the  facilities  development  corporation,  or  any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of  mental  health  services  facilities pursuant to paragraph a of this
subdivision, the payment of interest on mental health services  improve-
ment  bonds and mental health services improvement notes issued for such
purposes, the establishment of reserves to secure such bonds and  notes,
the  cost  or  premium  of  bond insurance or the costs of any financial
mechanisms which may be used to reduce the debt service  that  would  be
payable  by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the  agency  incident
to  and  necessary or convenient to providing the facilities development
corporation, or any successor agency, with funds for  the  financing  or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing  finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds  and  mental  health
services  facilities  improvement notes in an aggregate principal amount
exceeding seven billion  three  hundred  [fifty-six]  SIXTY-SIX  million
[four]  SIX  hundred  thousand dollars, excluding mental health services
facilities improvement  bonds  and  mental  health  services  facilities
improvement  notes  issued  to refund outstanding mental health services
facilities improvement  bonds  and  mental  health  services  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 [five] SEVEN billion [eight]  THREE  hundred  [fifty-seven]

S. 56--B                           88                          A. 156--B

SIXTY-SIX  million SIX HUNDRED THOUSAND dollars only if, except as here-
inafter 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 pres-
ent value of the aggregate debt service of the  refunding  or  repayment
bonds  to  be issued shall not exceed the present value of the aggregate
debt service of the bonds to be refunded or repaid. For purposes hereof,
the present values of the aggregate debt service  of  the  refunding  or
repayment  bonds,  notes  or other obligations and of the aggregate debt
service of the bonds, notes or other obligations so refunded or  repaid,
shall  be  calculated  by  utilizing  the effective interest rate of the
refunding or repayment bonds, notes or other 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 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 average useful life,  as  certi-
fied  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 disabilities,  and  the  office  of
alcoholism  and  substance  abuse  services,  in consultation with their
respective commissioners to finance bondable  appropriations  previously
approved by the legislature.
  S 50. Subdivision 8 of section 68-b of the state finance law, as added
by section 2 of part I of chapter 383 of the laws of 2001, is amended to
read as follows:
  8.  Revenue  bonds  may  only  be  issued  for authorized purposes, as
defined in section sixty-eight-a of this  article.  Notwithstanding  the
foregoing,  [any authorized issuer] THE DORMITORY AUTHORITY OF THE STATE
OF NEW YORK AND THE URBAN  DEVELOPMENT  CORPORATION  may  issue  revenue
bonds  [in  place of (a) housing program bonds or notes as authorized by
section forty-seven-e of the private housing finance law, (b)  bonds  to
finance  the  state  match  for  federal  capitalization  grants for the
purpose of any state revolving fund as authorized by  paragraph  (a)  of
subdivision  one of section twelve hundred ninety of the public authori-
ties law and (c) certificates of participation as authorized by  article
five-a  of  this  chapter]  FOR ANY AUTHORIZED PURPOSE OF ANY OTHER SUCH
AUTHORIZED ISSUER THROUGH MARCH THIRTY-FIRST, TWO  THOUSAND  TEN.    The
authorized  issuers  shall  not  issue any revenue bonds in an amount in

S. 56--B                           89                          A. 156--B

excess  of  statutory  authorizations  for  such  authorized   purposes.
Authorizations  for  such  authorized  purposes  shall  be reduced in an
amount equal to the amount of revenue bonds issued for  such  authorized
purposes  under  this  article.  Such  reduction  shall  not  be made in
relation to revenue bonds issued to fund  reserve  funds,  if  any,  and
costs of issuance, if these items are not counted under existing author-
izations,  nor  shall  revenue bonds issued to refund bonds issued under
existing authorizations reduce the amount of such authorizations.
  S 51. For purposes of sections twenty-one through thirty-one  of  this
act,  the  comptroller is also hereby authorized and directed to deposit
to the credit of any  capital  projects  fund,  reimbursement  from  the
proceeds  of bonds and notes issued by any authorized issuer, as defined
by section 68-a of the state finance law, in the  amounts  and  for  the
purposes listed in such sections.
  S 52. Section 49 of the private housing finance law is amended to read
as follows:
  S  49.  State's right to require redemption of bonds.  Notwithstanding
and in addition to any provisions for the redemption of bonds which  may
be  contained  in  any contract with the holders of the bonds, the state
may, upon furnishing sufficient funds therefor, require  the  agency  to
redeem,  prior to maturity, as a whole, any issue of bonds on any inter-
est payment date not less than twenty years after the date of the  bonds
of  such  issue  at  one hundred five per centum of their face value and
accrued interest or at such lower redemption price as may be provided in
the bonds in case of the redemption thereof as a whole on the redemption
date. Notice of such redemption shall be published in at least two news-
papers publishing and circulating respectively in the cities  of  Albany
and New York at least twice, the first publication to be at least thirty
days  before  the  date  of redemption.   THE PROVISIONS OF THIS SECTION
RELATING TO THE STATE'S RIGHT TO REQUIRE REDEMPTION OF BONDS, SHALL  NOT
APPLY  TO  STATE-SUPPORTED  DEBT, AS DEFINED IN SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, ISSUED BY THE AGENCY.  SUCH  AGENCY  BONDS  SHALL
REMAIN  SUBJECT  TO REDEMPTION PURSUANT TO ANY CONTRACT WITH THE HOLDERS
OF SUCH BONDS.
  S 53. Section 25 of section 1 of chapter 174  of  the  laws  of  1968,
constituting  the  New  York state urban development corporation act, is
amended to read as follows:
  S 25. State's right to require redemption  of  bonds.  Notwithstanding
and  in addition to any provisions for the redemption of bonds which may
be contained in any contract with the holders of the  bonds,  the  state
may,  upon furnishing sufficient funds therefor, require the corporation
to redeem, prior to maturity, as a whole, any  issue  of  bonds  on  any
interest  payment  date not less than twenty years after the date of the
bonds of such issue at one hundred five per centum of their  face  value
and  accrued  interest  or  at  such  lower  redemption  price as may be
provided in the bonds in case of the redemption thereof as  a  whole  on
the  redemption  date.  Notice  of such redemption shall be published at
least twice in  at  least  two  newspapers  publishing  and  circulating
respectively in the cities of Albany and New York, the first publication
to be at least thirty days before the date of redemption. THE PROVISIONS
OF  THIS  SECTION RELATING TO THE STATE'S RIGHT TO REQUIRE REDEMPTION OF
BONDS SHALL NOT APPLY TO STATE-SUPPORTED DEBT,  AS  DEFINED  BY  SECTION
67-A  OF  THE  STATE FINANCE LAW, ISSUED BY THE CORPORATION. SUCH CORPO-
RATION BONDS SHALL REMAIN SUBJECT TO REDEMPTION PURSUANT TO ANY CONTRACT
WITH THE HOLDERS OF SUCH BONDS.

S. 56--B                           90                          A. 156--B

  S 54. Section 367 of the public authorities law, as amended by chapter
244 of the laws of 1953, is amended to read as follows:
  S  367.  State's right to require redemption of bonds. Notwithstanding
and in addition to any provisions for the redemption of bonds which  may
be  contained  in  any contract with the holders of the bonds, the state
may, upon furnishing sufficient funds therefor, require the authority to
redeem, prior to maturity, as a whole, any issue of bonds on any  inter-
est payment date not less than fifteen years after the date of the bonds
of  such  issue  at  one hundred four per centum of their face value and
accrued interest or at such lower redemption price as may be provided in
the bonds in case of the redemption thereof as a whole on the redemption
date. Notice of such redemption shall be published in at least two news-
papers published and circulating respectively in the  cities  of  Albany
and New York at least twice, the first publication to be at least thirty
days  before  the  date  of redemption.   THE PROVISIONS OF THIS SECTION
RELATING TO THE STATE'S RIGHT TO REQUIRE REDEMPTION OF BONDS, SHALL  NOT
APPLY  TO  STATE-SUPPORTED  DEBT, AS DEFINED BY SECTION SIXTY-SEVEN-A OF
THE STATE FINANCE LAW, ISSUED BY THE  AUTHORITY.  SUCH  AUTHORITY  BONDS
SHALL  REMAIN  SUBJECT  TO  REDEMPTION PURSUANT TO ANY CONTRACT WITH THE
HOLDERS OF SUCH BONDS.
  S 55. Section 1293 of the public authorities law, as amended by  chap-
ter 744 of the laws of 1970, is amended to read as follows:
  S 1293. Right of state to require redemption of bonds. Notwithstanding
and  in addition to any provisions for the redemption of bonds which may
be contained in any contract with the holders of the  bonds,  the  state
may,  upon furnishing sufficient funds therefor, require the corporation
to redeem, prior to maturity, as a whole, any  issue  of  bonds  on  any
interest  payment  date not less than twenty years after the date of the
bonds of such issue at one hundred five per centum of their  face  value
and  accrued  interest  or  at  such  lower  redemption  price as may be
provided in the bonds in case of the redemption thereof as  a  whole  on
the  redemption date. Notice of such redemption shall be published in at
least two newspapers publishing  and  circulating  respectively  in  the
cities  of  Albany and New York at least twice, the first publication to
be at least thirty days before the date of redemption.   THE  PROVISIONS
OF  THIS  SECTION RELATING TO THE STATE'S RIGHT TO REQUIRE REDEMPTION OF
BONDS SHALL NOT APPLY TO STATE-SUPPORTED DEBT,  AS  DEFINED  BY  SECTION
SIXTY-SEVEN-A  OF THE STATE FINANCE LAW, ISSUED BY THE CORPORATION. SUCH
CORPORATION BONDS SHALL REMAIN SUBJECT TO  REDEMPTION  PURSUANT  TO  ANY
CONTRACT WITH THE HOLDERS OF SUCH BONDS.
  S  56.  Section  92-dd of the state finance law is amended by adding a
new subdivision (j) to read as follows:
  (J) THE STATE COMPTROLLER SHALL TRANSFER FROM THE HCRA RESOURCES  FUND
TO THE GENERAL DEBT SERVICE FUND, REVENUE BOND TAX FUND (311.02) AMOUNTS
EQUAL  TO  THE  DEBT SERVICE PAID FOR BONDS, NOTES, OR OTHER OBLIGATIONS
ISSUED TO FINANCE THE HEAL NY CAPITAL GRANT PROGRAM AUTHORIZED  PURSUANT
TO SECTION SIXTEEN HUNDRED EIGHTY-J OF THE PUBLIC AUTHORITIES LAW.
  S  56-a.  Subdivision  2  of section 68-a of the state finance law, as
added by section 2 of part I of chapter 383 of  the  laws  of  2001,  is
amended to read as follows:
  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

S. 56--B                           91                          A. 156--B

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, 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 SEVENTY-THREE
CONSTITUTING THE NEW YORK STATE MEDICAL CARE FACILITIES  FINANCING  ACT,
SHALL CONSTITUTE AN AUTHORIZED PURPOSE.
  S  56-b.  Section 97-f of the state finance law is amended by adding a
new subdivision 8 to read as follows:
  8. IN ADDITION TO THE AMOUNTS REQUIRED TO BE MAINTAINED ON DEPOSIT  IN
THE  MENTAL  HEALTH  SERVICES  FUND PURSUANT TO SUBDIVISION FIVE OF THIS
SECTION, THE FUND SHALL MAINTAIN ON DEPOSIT AN AMOUNT EQUAL TO THE  DEBT
SERVICE AND OTHER CASH REQUIREMENTS ON MENTAL HEALTH SERVICES FACILITIES
BONDS   ISSUED   BY   THE   DORMITORY   AUTHORITY  PURSUANT  TO  SECTION
SIXTY-EIGHT-B OF THIS CHAPTER. THE AMOUNT REQUIRED TO BE  MAINTAINED  IN
SUCH  FUND SHALL BE (I) TWENTY PERCENT OF THE AMOUNT OF THE NEXT PAYMENT
COMING DUE RELATING TO MENTAL HEALTH SERVICES FACILITIES BONDS ISSUED BY
AN AUTHORIZED ISSUER MULTIPLIED BY THE NUMBER OF MONTHS FROM THE DATE OF
THE LAST SUCH PAYMENT WITH RESPECT  TO  PAYMENTS  REQUIRED  TO  BE  MADE
SEMI-ANNUALLY, PLUS (II) THOSE AMOUNTS SPECIFIED IN ANY FINANCING AGREE-
MENT  BETWEEN  THE  ISSUER AND THE STATE, ACTING THROUGH THE DIRECTOR OF
THE BUDGET, WITH RESPECT TO PAYMENTS REQUIRED  TO  BE  MADE  OTHER  THAN
SEMI-ANNUALLY, INCLUDING FOR VARIABLE RATE BONDS, INTEREST RATE EXCHANGE
OR  SIMILAR AGREEMENTS OR OTHER FINANCING ARRANGEMENTS PERMITTED BY LAW.
PRIOR TO MAKING ANY SUCH PAYMENT, THE COMPTROLLER SHALL MAKE AND DELIVER
TO THE DIRECTOR OF THE BUDGET AND THE CHAIRMEN OF THE FACILITIES  DEVEL-
OPMENT  CORPORATION  AND  THE  NEW  YORK  STATE  MEDICAL CARE FACILITIES
FINANCE AGENCY, A CERTIFICATE STATING THE AGGREGATE AMOUNT TO  BE  MAIN-
TAINED  ON  DEPOSIT IN THE MENTAL HEALTH SERVICES FUND TO COMPLY IN FULL
WITH THE PROVISIONS OF THIS SUBDIVISION.
  NO LATER THAN FIVE DAYS PRIOR TO THE PAYMENT TO BE MADE BY  THE  STATE
COMPTROLLER  ON SUCH MENTAL HEALTH SERVICES FACILITIES BONDS PURSUANT TO
SECTION NINETY-TWO-Z OF THIS ARTICLE, THE AMOUNT OF SUCH  PAYMENT  SHALL
BE  TRANSFERRED BY THE STATE COMPTROLLER FROM THE MENTAL HEALTH SERVICES
FUND TO THE REVENUE BOND TAX FUND ESTABLISHED BY SECTION NINETY-TWO-Z OF
THIS ARTICLE. THE ACCUMULATION OF MONEYS PURSUANT  TO  THIS  SUBDIVISION
AND  SUBSEQUENT  TRANSFER TO THE REVENUE BOND TAX FUND SHALL BE SUBORDI-
NATE IN ALL RESPECTS TO PAYMENTS TO  BE  MADE  TO  THE  NEW  YORK  STATE
MEDICAL  CARE  FACILITIES FINANCE AGENCY AND TO ANY PLEDGE OR ASSIGNMENT
PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
  S 57. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2009; provided,
however,  that  sections  one,  two,  three, four, twelve and twenty-one
through thirty-one of this act shall expire March 31, 2010,  when,  upon
such  date,  the  provisions  of such sections shall be deemed repealed;
provided, however that the amendments to subdivision 5 of section 97-rrr
of the state finance law made by section thirteen of this act shall  not

S. 56--B                           92                          A. 156--B

affect the expiration and reversion of such subdivision and shall expire
and  be deemed repealed therewith; and provided, further that amendments
to section 69-c of the state finance law, made by section thirty-five of
this  act, shall not affect the expiration and reversion of such section
and shall expire therewith.

                                 PART QQ

  Section 1. Subparagraph 4 of paragraph (h) of subdivision 8 of section
15 of the workers' compensation law, as amended by chapter  139  of  the
laws of 2008, is amended to read as follows:
  (4)  As  soon  as  practicable  after  May  first in the year nineteen
hundred fifty-eight, and annually  thereafter  as  soon  as  practicable
after  January  first  in  each  succeeding year, the chair of the board
shall assess upon and collect from all self-insurers, except group self-
insurers, the state insurance fund, all  insurance  carriers  and  group
self-insurers,  (A)  a  sum equal to one hundred fifty per centum of the
total disbursements made from the special  disability  fund  during  the
preceding calendar year (not including any disbursements made on account
of  anticipated liabilities or waiver agreements funded by bond proceeds
and related earnings), less the amount of the net assets in such fund as
of December thirty-first of said preceding calendar year, and (B) a  sum
sufficient  to  cover  debt  service,  and  associated  costs (the "debt
service assessment") to be paid during the calendar year by the dormito-
ry authority, as calculated in accordance with subparagraph five of this
paragraph. Such assessments shall  be  allocated  to  (i)  self-insurers
except  group  self-insurers and the state insurance fund based upon the
proportion that the total compensation payments made by all  self-insur-
ers  except group self-insurers and the state insurance fund bore to the
total compensation payments made by all self-insurers except group self-
insurers, the state insurance fund, all  insurance  carriers  and  group
self-insurers,  (ii)  insurance  carriers based upon the proportion that
the total compensation payments made by all insurance carriers  bore  to
the  total compensation payments by all self-insurers except group self-
insurers, the state insurance fund and all insurance carriers and  group
self-insurers  during  the fiscal year which ended within said preceding
calendar year, and (iii) group self-insurers based upon  the  proportion
that  the  total  compensation  payments made by all group self-insurers
bore to the total compensation payments made by all  self-insurers,  the
state  insurance  fund and all insurance carriers during the fiscal year
which ended within said preceding calendar year.  Insurance carriers and
self-insurers shall be liable for all such assessments regardless of the
date on which they came into existence, or whether they  have  made  any
claim for reimbursement from the special disability fund. The portion of
such  sum  allocated to self-insurers except group self-insurers and the
state insurance fund that shall  be  collected  from  each  self-insurer
except  a group self-insurer and the state insurance fund shall be a sum
equal to the proportion of  the  amount  which  the  total  compensation
payments  of  each  such self-insurer except a group self-insurer or the
state insurance fund bore to the total compensation payments made by all
self-insurers except group self-insurers and the  state  insurance  fund
during  the fiscal year which ended within said preceding calendar year.
The portion of such sum allocated to insurance carriers  that  shall  be
collected  from  each  insurance  carrier  shall  be a sum equal to that
proportion of the amount which the  total  [premiums  written]  STANDARD
PREMIUM by each such insurance carrier bore to the total [written premi-

S. 56--B                           93                          A. 156--B

ums]  STANDARD  PREMIUM  reported  by  all insurance carriers during the
[fiscal] CALENDAR year which  ended  within  said  preceding  [calendar]
FISCAL  year.  The  portion of such sum allocated to group self-insurers
that  shall  be  collected  from  each group self-insurer shall be a sum
equal to that proportion of the amount which  the  pure  premium  calcu-
lation  for  each such group self-insurer bore to the total pure premium
calculation for all group self-insurers  for  the  calendar  year  which
ended within the preceding state fiscal year. The payments from the debt
service assessment, unless otherwise set forth in the special disability
fund  financing  agreement,  are  hereby  pledged  therefor and shall be
deemed the first monies received on account of assessments in each year.
For the purposes of this paragraph,  ["direct  premiums  written"  means
gross premiums, including policy and membership fees, less return premi-
ums  and  premiums  on policies not taken] "STANDARD PREMIUM" SHALL MEAN
THE PREMIUM AS DEFINED FOR THE PURPOSES OF THIS ASSESSMENT BY THE SUPER-
INTENDENT OF INSURANCE, IN CONSULTATION WITH THE CHAIR OF THE BOARD  AND
THE  WORKERS' COMPENSATION RATING BOARD.  For purposes of this paragraph
"pure premium calculation" means the New York state annual payroll as of
December thirty-first of the preceding  year  by  class  code  for  each
employer  member  of  a  group self-insurer multiplied by the applicable
loss cost for each class code as determined by the workers' compensation
rating board in effect on December thirty-first of the  preceding  year,
and for a group or individual self-insurer who has ceased to self-insure
shall  be  based on payroll at the time the group or individual self-in-
surer ceased to self-insure reduced by a factor reflecting the reduction
in the group or  individual  self-insurer's  self-insurance  liabilities
since  ceasing  to self-insure. An employer who has ceased to be a self-
insurer or a group that ceases to be licensed as  a  group  self-insurer
shall  continue  to  be  liable  for  any  assessments into said fund on
account of any compensation payments made by him or her on  his  or  her
account  during  such  fiscal year, and the security fund, created under
the provisions of section one hundred seven of this chapter,  shall,  in
the  event of the insolvency of any insurance company, be liable for any
assessments that would have been made against such  company  except  for
its  insolvency. No assessment shall be payable from the aggregate trust
fund, created under the provisions of section twenty-seven of this arti-
cle, but such fund shall continue to be liable for all compensation that
shall be payable under any award or order of  the  board,  the  commuted
value  of  which  has  been  paid  into such fund. Such assessments when
collected shall be deposited  with  the  commissioner  of  taxation  and
finance  for  the  benefit of such fund. Unless otherwise provided, such
assessments, shall not constitute an element of loss for the purpose  of
establishing  rates for compensation insurance but shall for the purpose
of collection be treated as separate costs by  carriers.  All  insurance
carriers  and  the state insurance fund, shall collect such assessments,
from their policyholders  through  a  surcharge  based  on  premiums  in
accordance  with  rules  set forth by THE SUPERINTENDENT OF INSURANCE IN
CONSULTATION WITH the New York workers' compensation rating  board[,  as
approved by the superintendent of insurance] AND THE CHAIR OF THE BOARD.
Such  surcharge  shall  be  considered  as  part of premium for purposes
prescribed by law including, but not limited to, computing premium  tax,
reporting  to  the superintendent of insurance pursuant to section nine-
ty-nine of this chapter and section three hundred seven of the insurance
law, determining the limitation of expenditures for  the  administration
of  the  state  insurance  fund pursuant to section eighty-eight of this
chapter and the cancellation by  an  insurance  carrier,  including  the

S. 56--B                           94                          A. 156--B

state  insurance  fund,  of  a  policy  for  non-payment of premium. The
provisions of this paragraph shall not apply with  respect  to  policies
containing coverage pursuant to subsection (j) of section three thousand
four  hundred  twenty  of  the  insurance  law  relating to every policy
providing comprehensive personal liability  insurance  on  a  one,  two,
three  or  four family owner-occupied dwelling. The state insurance fund
shall, notify its insureds that such  assessments,  shall  be,  for  the
purpose  of  recoupment, treated as separate costs, respectively for the
purpose of premiums billed on or after October first,  nineteen  hundred
ninety-four.
  For  the purposes of this paragraph, except as otherwise provided: the
term "insurance carrier" shall include only stock  corporations,  mutual
corporations and reciprocal insurers authorized to transact the business
of  workers' compensation insurance in this state; the term "self-insur-
er" shall include any employer or group of employers  permitted  to  pay
compensation directly under the provisions of subdivision three, three-a
or four of section fifty of this chapter[;].
  THE  BOARD  IS HEREBY AUTHORIZED TO ISSUE CREDITS OR REFUNDS AS NECES-
SARY, IN THE CASE OF OVERPAYMENTS MADE TO THE FUND. AN INSURANCE CARRIER
THAT KNOWINGLY UNDERREPORTS PREMIUMS FOR THE PURPOSES  OF  THIS  SECTION
SHALL BE GUILTY OF A CLASS E FELONY.
  S  2.  Paragraph  (b)  of subdivision 2 of section 151 of the workers'
compensation law, as amended by chapter 6 of the laws of 2007, the open-
ing paragraph as amended by chapter 139 of the laws of 2008, is  amended
to read as follows:
  (b) An itemized statement of the expenses so ascertained shall be open
to  public  inspection  in the office of the board for thirty days after
notice to the state insurance fund, all insurance carriers and all self-
insurers including group  self-insurers  affected  thereby,  before  the
board shall make an assessment for such expenses. The chair shall assess
upon  and  collect a proportion of such expenses as hereinafter provided
from each insurance carrier, the state insurance fund and each  self-in-
surer  including  group  self-insurers. The assessment for such expenses
shall be allocated to (i) self-insurers except group  self-insurers  and
the  state  insurance  fund  based  upon  the  proportion that the total
compensation payments made by all self-insurers except group self-insur-
ers and the state insurance fund in such year bore to the total  compen-
sation  payments  made  by all self-insurers except group self-insurers,
the state insurance fund, all insurance carriers and group self-insurers
and (ii) insurance carriers based upon the  proportion  that  the  total
compensation  payments  made by all insurance carriers in such year bore
to the total compensation  payments  by  all  self-insurers,  the  state
insurance  fund and all insurance carriers [during the fiscal year which
ended within said preceding calendar year], and (iii) group  self-insur-
ers  based upon the proportion that the total compensation payments made
by all group self-insurers IN SUCH YEAR bore to the  total  compensation
payments  made  by  all  self-insurers, the state insurance fund and all
insurance carriers [during the  fiscal  year  which  ended  within  said
preceding  calendar  year].  The  portion  of  the  assessment  for such
expenses allocated to self-insurers except group self-insurers  and  the
state  insurance  fund  that  shall  be collected from each self-insurer
except group self-insurers and the state insurance fund shall be  a  sum
equal  to  the  proportion  of  the  amount which the total compensation
payments of each such self-insurer except a group  self-insurer  or  the
state  insurance  fund  in  such  year  bore  to  the total compensation
payments made by all self-insurers except group  self-insurers  and  the

S. 56--B                           95                          A. 156--B

state  insurance  fund.  The portion of the assessment for such expenses
allocated to insurance carriers that shall be collected from  each  such
insurance  carrier shall be a sum equal to that proportion of the amount
which  the total [premiums written] STANDARD PREMIUM by each such insur-
ance carrier [in such year] bore to the total [written premiums]  STAND-
ARD  PREMIUM  reported  by  all insurance carriers FOR THE CALENDAR YEAR
WHICH ENDED WITH THE STATE FISCAL YEAR. The portion of  such  sum  allo-
cated  to  group  self-insurers  that shall be collected from each group
self-insurer shall be a sum equal to that proportion of the amount which
the pure premium calculation for each such group  self-insurer  bore  to
the  total  pure premium calculation for all group self-insurers for the
calendar year which ended within the [preceding] state fiscal year.  The
amounts  so  secured  shall  be  used for the payment of the expenses of
administering this chapter. Pure premium for assessments  against  indi-
vidual  and group self-insurers who ceased to self-insure shall be based
on payroll at the time the individual or group self-insurer  has  ceased
to  self-insure,  reduced  by  a  factor reflecting the reduction in the
group or  individual  self-insurer's  self-insurance  liabilities  since
ceasing to self-insure.
  For purposes of this paragraph, ["direct premiums written" means gross
premiums, including policy and membership fees, less return premiums and
premiums on policies not taken] "STANDARD PREMIUM" SHALL MEAN THE PREMI-
UM  AS DEFINED FOR THE PURPOSES OF THIS ASSESSMENT BY THE SUPERINTENDENT
OF INSURANCE, IN CONSULTATION WITH THE CHAIR OF THE BOARD AND THE  WORK-
ERS'  COMPENSATION  RATING BOARD.   For purposes of this paragraph "pure
premium calculation" means the New  York  state  annual  payroll  as  of
December  thirty-first  of  the  preceding  year  by class code for each
employer member of a group self-insurer  multiplied  by  the  applicable
rate  for  each  class  code  as determined by the workers' compensation
rating board in effect on December thirty-first of the  preceding  year.
The  amounts so secured shall be used for the payment of the expenses of
administering this chapter.
  For the purposes of this paragraph, the term "insurance carrier" shall
include only stock  corporations,  mutual  corporations  and  reciprocal
insurers  authorized  to  transact the business of workers' compensation
insurance in this state and the term "self-insurer"  shall  include  any
employer  or  group  of employers permitted to pay compensation directly
under the provisions of subdivision three, three-a or  four  of  section
fifty of this chapter.
  S 3. (a) For purposes of this section, "insurance carrier," and "work-
ers'  compensation  rating  board"  shall  have the meaning set forth in
section 2 of the workers'  compensation  law,  and  "affected  insurance
carrier"  shall mean any insurance carrier or affiliated group of insur-
ance carriers that has, prior to the effective date of this section: (1)
paid to the workers' compensation board for any year an amount  directed
by  the  workers'  compensation board under subdivision 8 of section 15,
subdivision 3 of section 25-a or section 151  of  the  workers'  compen-
sation  law  that  was  less  than the amount collected from its insured
employers in that year, in accordance with a calculation provided by the
workers' compensation rating board, (2)  has  identified  and  held  any
funds  collected  but  not  paid  to the workers' compensation board, as
measurable and available, as of January 1, 2009.
  (b) Any affected insurance carrier shall notify the chair of the work-
ers' compensation board, within thirty days of  the  effective  date  of
this  subdivision,  of the amount of funds it has held as measurable and
available under subdivision (a) of this section. The chair of the  work-

S. 56--B                           96                          A. 156--B

ers'  compensation board may, at any time within one hundred twenty days
of the effective date of this subdivision, or at any time thereafter  if
the insurance carrier has not provided the notification required by this
section,  direct  an affected insurance carrier to pay such funds to the
board within thirty days if they  are  attributable  to  assessments  in
fiscal  year  2007  or  before, and as soon as practicable thereafter if
they are attributable to subsequent assessments.   Such funds  shall  be
credited  to  the workers' compensation account and shall be reserved in
the first instance  for  expenditure  pursuant  to  a  multi-year  plan,
prepared  by  the chair, to improve the quality, timeliness and fairness
of services performed by the board, including  any  services  funded  by
assessments  under  the  workers'  compensation  law.  Such plan must be
approved by the director of the budget,  and  expenditures  pursuant  to
such plan may equal up to ten percent of the 2008-09 appropriations made
to  the  workers'  compensation  board,  excluding contingency appropri-
ations. As a part of such plan, the chair of the  workers'  compensation
board may recommend suballocations of the funds credited to the workers'
compensation  account  under this subdivision to the department of labor
for any other purposes funded by assessments  made  under  the  workers'
compensation  law, or for the implementation of chapter 6 of the laws of
2007, including for implementation of section 134 and subdivision  1  of
section  35 of the workers' compensation law.  Such suballocations shall
be included within the total allowable expenditures under the  plan  and
must  also be approved by the director of the budget. Any amounts avail-
able in any fiscal year after deducting amounts reflecting  expenditures
to be made by the workers' compensation board for that fiscal year under
the  plan provided for by this section shall be transferred by the comp-
troller to the general fund, at the request of the director of the budg-
et.
  (c) Any affected insurance carrier that makes payments to the workers'
compensation board in accordance with this section shall not be  subject
to  any  civil  or  criminal  liability  for  damages arising out of the
collection or maintenance of any funds  so  paid,  that  were  collected
under  subdivision  8  of  section  15, subdivision 3 of section 25-a or
section 151 of the workers' compensation law.
  (d) Except for the immunity of an affected insurance carrier  pursuant
to  subdivision  (c)  of  this section, this section does not confer any
immunity or create a cause of action or provide a defense.
  S 4. This act shall take effect immediately,  provided  that  sections
one and two of this act shall take effect on January 1, 2010.

                                 PART RR

  Section  1.  Section  3  of  part C of chapter 152 of the laws of 2001
amending the military law relating to military funds  of  the  organized
militia,  as amended by section 1 of part B of chapter 56 of the laws of
2007, is amended to read as follows:
  S 3. This act shall take effect on the same date as the  reversion  of
subdivision  5  of  section  183 and subdivision 1 of section 221 of the
military law as provided by section 76 of chapter 435  of  the  laws  of
1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
standing  this act shall be deemed to have been in full force and effect
on and after July 31, 2005 and shall remain in  full  force  and  effect
until July 31, [2009] 2011 when upon such date this act shall expire.
  S 2. This act shall take effect immediately.

S. 56--B                           97                          A. 156--B

                                 PART SS

  Section 1. The correction law is amended by adding a new article 12 to
read as follows:
                               ARTICLE 12
                  LOCAL CONDITIONAL RELEASE COMMISSION

SECTION 270. DEFINITIONS.
        271. LOCAL CONDITIONAL RELEASE COMMISSION; ORGANIZATION.
        272. LOCAL  CONDITIONAL RELEASE COMMISSION; FUNCTION, POWERS AND
               DUTIES.
        273. CONDITIONAL RELEASE; PROCEDURES FOR APPLICATION AND  DETER-
               MINATIONS.
        274. CONDITIONAL RELEASE; PROCEDURES FOR VIOLATION, DELINQUENCY,
               WARRANTS AND REVOCATION.
        275. TRANSFER  OF CUSTODY AND SUPERVISION OF CONDITIONAL RELEAS-
               EE.
        276. REGULATIONS AND REPORT.
  S 270. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS  HAVE
THE FOLLOWING MEANINGS:
  1. "COMMISSION" MEANS THE LOCAL CONDITIONAL RELEASE COMMISSION.
  2. "COUNTY" MEANS EACH COUNTY IN THE STATE, EXCEPT A COUNTY WITHIN THE
CITY OF NEW YORK.
  3.  "COUNTY  EXECUTIVE" MEANS THE COUNTY COMMISSIONER, COUNTY MANAGER,
COUNTY DIRECTOR OR COUNTY PRESIDENT.
  4. "DIVISION" MEANS THE DIVISION OF PROBATION AND CORRECTIONAL  ALTER-
NATIVES.
  S  271.  LOCAL CONDITIONAL RELEASE COMMISSION; ORGANIZATION. 1.  EVERY
COUNTY, AND THE CITY OF NEW YORK, MAY ADOPT A LOCAL LAW  ESTABLISHING  A
LOCAL CONDITIONAL RELEASE COMMISSION. SUCH COMMISSION SHALL BE APPOINTED
BY  THE  COUNTY  EXECUTIVE,  UPON  THE  ADVICE AND CONSENT OF THE COUNTY
LEGISLATURE, OR IN THE CASE OF THE CITY OF  NEW  YORK,  SUCH  COMMISSION
SHALL BE APPOINTED BY THE MAYOR, UPON THE ADVICE AND CONSENT OF THE CITY
COUNCIL.  EACH  SUCH  COMMISSION SHALL CONSIST OF AT LEAST FIVE MEMBERS.
EACH MEMBER OF THE COMMISSION SHALL HAVE GRADUATED  FROM  AN  ACCREDITED
FOUR  YEAR  COLLEGE OR UNIVERSITY AND SHALL HAVE HAD AT LEAST FIVE YEARS
OF EXPERIENCE IN THE FIELD OF CRIMINOLOGY,  ADMINISTRATION  OF  CRIMINAL
JUSTICE,  LAW  ENFORCEMENT,  PROBATION, PAROLE, LAW, SOCIAL WORK, SOCIAL
SCIENCE, PSYCHOLOGY, PSYCHIATRY OR CORRECTIONS.
  2. THE TERM OF OFFICE OF EACH MEMBER OF SUCH COMMISSION SHALL  BE  FOR
FOUR  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 THE PERSON IS TO
SUCCEED. VACANCIES CAUSED BY EXPIRATION OF TERM OR  OTHERWISE  SHALL  BE
FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
  3.  NO MEMBER OF THE COMMISSION SHALL SERVE AS A REPRESENTATIVE OF ANY
POLITICAL PARTY ON AN EXECUTIVE COMMITTEE OR OTHER GOVERNING BODY THERE-
OF, AS AN EXECUTIVE OFFICER OR  EMPLOYEE  OF  ANY  POLITICAL  COMMITTEE,
ORGANIZATION  OR  ASSOCIATION,  NOR  BE A JUDGE OR JUSTICE, A SHERIFF OR
DISTRICT ATTORNEY.
  4. ANY MEMBER MAY BE REMOVED BY THE COUNTY EXECUTIVE, OR THE MAYOR  IN
THE  CASE OF THE CITY OF NEW YORK, FOR CAUSE, AFTER NOTICE AND AN OPPOR-
TUNITY TO BE HEARD.
  5. THE DIRECTOR OF THE LOCAL PROBATION DEPARTMENT, OR SUCH  DIRECTOR'S
DESIGNEE, SHALL SERVE AS AN EX-OFFICIO, NON-VOTING MEMBER OF THE COMMIS-
SION.

S. 56--B                           98                          A. 156--B

  6.  THE  LOCAL  PROBATION DEPARTMENT SHALL ASSIGN STAFF SUPPORT TO THE
COMMISSION.
  S  272.  LOCAL  CONDITIONAL  RELEASE  COMMISSION; FUNCTION, POWERS AND
DUTIES. THE COMMISSION SHALL:
  1. HAVE THE POWER AND DUTY  OF  DETERMINING  WHICH  PERSONS  SENTENCED
WITHIN  THE  COUNTY,  OR  THE  CITY  OF NEW YORK, AND SERVING A DEFINITE
SENTENCE OF IMPRISONMENT AND ELIGIBLE FOR CONDITIONAL  RELEASE  PURSUANT
TO  SUBDIVISION TWO OF SECTION 70.40 OF THE PENAL LAW MAY BE RELEASED ON
CONDITIONAL RELEASE AND WHEN AND UNDER  WHAT  CONDITIONS  IN  ACCORDANCE
WITH SECTION TWO HUNDRED SEVENTY-THREE OF THIS ARTICLE;
  2. HAVE THE POWER TO DETERMINE, AS EACH INMATE APPLIES FOR CONDITIONAL
RELEASE,  THE  NEED  FOR SUPPLEMENTAL INVESTIGATION OF THE BACKGROUND OF
SUCH INMATE AND CAUSE SUCH INVESTIGATION AS MAY BE NECESSARY TO BE  MADE
AS  SOON  AS  PRACTICABLE. THE COMMISSION MAY REQUIRE THAT THE PROBATION
DEPARTMENT LOCATED IN THE JURISDICTION OF THE  COMMISSION  CONDUCT  SUCH
SUPPLEMENTAL  INVESTIGATION.  THE RESULTS OF SUCH INVESTIGATION TOGETHER
WITH ALL OTHER INFORMATION COMPILED BY THE LOCAL  CORRECTIONAL  FACILITY
AND  THE COMPLETE CRIMINAL RECORD AND FAMILY COURT RECORD OF SUCH INMATE
SHALL BE READILY AVAILABLE WHEN THE CONDITIONAL RELEASE OF  SUCH  INMATE
IS BEING CONSIDERED. SUCH INFORMATION SHALL INCLUDE A COMPLETE STATEMENT
OF  THE CRIME FOR WHICH THE INMATE HAS BEEN SENTENCED, THE CIRCUMSTANCES
OF SUCH CRIME, ALL PRESENTENCE MEMORANDA, THE NATURE  OF  THE  SENTENCE,
THE  COURT IN WHICH SUCH INMATE WAS SENTENCED, THE NAME OF THE JUDGE AND
DISTRICT ATTORNEY AND COPIES OF SUCH PROBATION REPORTS AS MAY HAVE  BEEN
MADE  AS WELL AS REPORTS AS TO THE INMATE'S SOCIAL, PHYSICAL, MENTAL AND
PSYCHIATRIC CONDITION AND HISTORY;
  3. HAVE THE LEGAL CUSTODY OF PERSONS CONDITIONALLY RELEASED AND PLACED
UNDER THE SUPERVISION OF THE LOCAL PROBATION DEPARTMENT FOR A PERIOD  OF
ONE  YEAR,  OR  UNTIL  RETURNED TO THE CUSTODY OF THE LOCAL CORRECTIONAL
FACILITY LOCATED IN THE JURISDICTION OF THE COMMISSION, AS THE CASE  MAY
BE;
  4.  HAVE  THE POWER TO REVOKE THE CONDITIONAL RELEASE OF ANY PERSON IN
THE LEGAL CUSTODY OF THE COMMISSION AND TO ISSUE DECLARATIONS OF  DELIN-
QUENCY  AND AUTHORIZE THE ISSUANCE OF A WARRANT FOR THE RETAKING OF SUCH
PERSON, AS PROVIDED FOR IN SECTION  TWO  HUNDRED  SEVENTY-FOUR  OF  THIS
ARTICLE;
  5.  FOR  THE PURPOSE OF ANY INVESTIGATION NECESSARY IN THE PERFORMANCE
OF ITS DUTIES, HAVE THE POWER TO ISSUE SUBPOENAS, TO COMPEL THE  ATTEND-
ANCE  OF  WITNESSES AND THE PRODUCTION OF BOOKS, PAPERS, AND OTHER DOCU-
MENTS PERTINENT TO THE SUBJECT  OF  ITS  INQUIRY.  THE  MINUTES  OF  ALL
COMMISSION  MEETINGS MUST BE RECORDED AND SUCH RECORDS SHALL BE RETAINED
ACCORDING TO APPLICABLE STANDARDS;
  6. HAVE THE POWER TO AUTHORIZE ANY MEMBERS THEREOF TO ADMINISTER OATHS
AND TAKE THE TESTIMONY OF PERSONS UNDER OATH;
  7. NOTIFY, IN WRITING, THE  INITIAL  SENTENCING  COURT,  THE  DISTRICT
ATTORNEY  AND DEFENSE COUNSEL WITHIN FIVE BUSINESS DAYS OF RECEIPT OF AN
APPLICATION FOR A LOCAL CONDITIONAL RELEASE FILED UNDER THIS ARTICLE AND
PROVIDE A FIFTEEN DAY PERIOD FOR COMMENT ON SUCH  APPLICATION.  COMMENTS
SUBMITTED UNDER THIS SUBDIVISION SHALL BE PROVIDED TO THE COMMISSION AND
ALL PARTIES;
  8.  NOTIFY IN WRITING THE APPROPRIATE LOCAL PROBATION DEPARTMENT PRIOR
TO RELEASE OF A  CONDITIONALLY  RELEASED  PERSON  OF  SUCH  DEPARTMENT'S
RESPONSIBILITIES TO SUPERVISE SUCH PERSON;
  SUCH  NOTICE  SHALL  INCLUDE THE NAME AND RESIDENCE OF THE PERSON, THE
DATE OF RELEASE, THE CONDITIONS OF RELEASE, AND  ALL  NECESSARY  RECORDS
MAINTAINED  ON  SUCH PERSON TO AID THE LOCAL PROBATION DEPARTMENT IN THE

S. 56--B                           99                          A. 156--B

PERFORMANCE OF ITS  RESPONSIBILITIES  PURSUANT  TO  SUBDIVISION  SIX  OF
SECTION TWO HUNDRED FIFTY-SIX OF THE EXECUTIVE LAW;
  9.  HAVE  THE  POWER  TO  TRANSFER THE LEGAL CUSTODY OF PERSONS CONDI-
TIONALLY RELEASED IN ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION  TWO
HUNDRED SEVENTY-FIVE OF THIS ARTICLE;
  10. PRESENT AN ANNUAL REPORT TO THE COUNTY LEGISLATURE, OR IN THE CASE
OF  THE  CITY  OF  NEW  YORK,  TO  THE CITY COUNCIL, OF ITS FINDINGS AND
ACTIONS ON SUBMITTED APPLICATIONS.
  S 273. CONDITIONAL RELEASE; PROCEDURES FOR  APPLICATION  AND  DETERMI-
NATIONS.  1.  ANY  INMATE  WHO  IS ELIGIBLE FOR CONDITIONAL RELEASE BY A
COMMISSION PURSUANT TO SUBDIVISION TWO OF SECTION 70.40 OF THE PENAL LAW
AND WHO HAS SERVED A MINIMUM PERIOD OF SIXTY DAYS IN A LOCAL CORRECTION-
AL FACILITY MAY APPLY FOR CONDITIONAL  RELEASE.    ELIGIBILITY  CRITERIA
SHALL BE LIMITED TO INMATES:
  (A)  WHO  HAVE  NOT  BEEN  PREVIOUSLY  CONVICTED  AND WHO DO NOT STAND
CONVICTED OF ANY CRIME WHICH WOULD MAKE SUCH INMATE INELIGIBLE  FOR  THE
RECEIPT  OF  MERIT  TIME PURSUANT TO SECTION EIGHT HUNDRED THREE OF THIS
CHAPTER, ANY CRIME PURSUANT TO ARTICLE TWO HUNDRED  THIRTY-FIVE  OF  THE
PENAL  LAW WHEN THE VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF EIGHTEEN
AT THE TIME OF THE OFFENSE, OR ANY CRIME WHICH THE COMMISSION DETERMINES
CONSTITUTED A CRIME OF DOMESTIC VIOLENCE;
  (B) HAVING JAIL RECORDS WHICH MAKE THEM ELIGIBLE FOR  A  REDUCTION  OF
SENTENCE UNDER SECTION EIGHT HUNDRED FOUR OF THIS CHAPTER;
  (C)  HAVING  VERIFIED  COMMUNITY  TIES  IN ONE OF THE FOLLOWING AREAS:
EMPLOYMENT, PERMANENT RESIDENCE AND FAMILY.
  APPLICATION SHALL BE MADE IN WRITING, ON FORMS PRESCRIBED BY THE DIVI-
SION, TO THE COMMISSION IN THE COUNTY WHERE THE SENTENCE WAS IMPOSED.
  2. THE COMMISSION SHALL REVIEW AND MAKE A DETERMINATION ON EACH APPLI-
CATION WITHIN THIRTY DAYS OF RECEIPT OF SUCH  APPLICATION.  NO  DETERMI-
NATION  GRANTING  OR DENYING SUCH APPLICATION SHALL BE VALID UNLESS MADE
BY A MAJORITY VOTE OF AT LEAST THREE COMMISSION  MEMBERS  PRESENT.    NO
RELEASE  SHALL BE GRANTED UNLESS THERE IS A REASONABLE PROBABILITY THAT,
IF SUCH INMATE IS RELEASED, HE OR SHE SHALL LIVE AND REMAIN  AT  LIBERTY
WITHOUT  VIOLATING THE LAW, AND THAT HIS OR HER RELEASE IS NOT INCOMPAT-
IBLE WITH THE WELFARE OF SOCIETY AND SHALL NOT SO DEPRECATE THE SERIOUS-
NESS OF HIS OR HER CRIME AS TO UNDERMINE RESPECT FOR LAW.
  3. IF CONDITIONAL RELEASE IS GRANTED, THE  COMMISSION  SHALL  SET  THE
CONDITIONS  FOR RELEASE OF THE PERSON IN ACCORDANCE WITH RULES AND REGU-
LATIONS PROMULGATED BY THE DIVISION. SUCH PERSON SHALL BE GIVEN  A  COPY
OF  THE CONDITIONS OF RELEASE. SUCH CONDITIONS SHALL, WHERE APPROPRIATE,
INCLUDE A REQUIREMENT THAT THE PERSON COMPLY WITH ANY RESTITUTION  ORDER
PREVIOUSLY  IMPOSED BY A COURT OF COMPETENT JURISDICTION THAT APPLIES TO
THE PERSON.
  4. NO PERSON  WHO  HAS  BEEN  GRANTED  CONDITIONAL  RELEASE  SHALL  BE
RELEASED  UNTIL SUCH PERSON HAS SERVED A MINIMUM PERIOD OF INCARCERATION
OF NINETY DAYS, IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION  70.40  OF
THE  PENAL  LAW,  AND  UNLESS  SUCH  PERSON HAS AGREED IN WRITING TO THE
CONDITIONS SET BY THE COMMISSION. SUCH AGREEMENT SHALL STATE  IN  PLAIN,
EASILY UNDERSTANDABLE LANGUAGE THE CONSEQUENCES OF A VIOLATION OF ONE OR
MORE OF THE CONDITIONS OF RELEASE.
  5. PERSONS WHO HAVE BEEN GRANTED CONDITIONAL RELEASE BY THE COMMISSION
ESTABLISHED  PURSUANT  TO  THIS  ARTICLE  SHALL,  WHILE  ON  CONDITIONAL
RELEASE, BE IN THE LEGAL CUSTODY OF THE COMMISSION FOR A PERIOD  OF  ONE
YEAR, OR UNTIL RETURNED TO THE CUSTODY OF THE LOCAL CORRECTIONAL FACILI-
TY  LOCATED  IN  THE JURISDICTION OF THE COMMISSION, AS THE CASE MAY BE.
THE PROBATION DEPARTMENT LOCATED IN THE JURISDICTION OF  THE  COMMISSION

S. 56--B                           100                         A. 156--B

HAS  THE DUTY OF SUPERVISING THE PERSON DURING THE PERIOD OF SUCH CONDI-
TIONAL RELEASE.  THE COMMISSION SHALL IMPOSE A MINIMUM  OF  FOUR  SUPER-
VISION  CONTACTS  PER  MONTH WHILE THE PERSON IS ON CONDITIONAL RELEASE,
UNLESS  THE COMMISSION DETERMINES THAT FEWER CONTACTS ARE APPROPRIATE IN
ANY INDIVIDUAL CASE.
  6. IF CONDITIONAL RELEASE IS NOT GRANTED, THE COMMISSION SHALL  INFORM
THE  PERSON  IN  WRITING  OF  THE FACTORS AND REASONS FOR SUCH DENIAL OF
CONDITIONAL RELEASE WITHIN FIFTEEN DAYS OF THE  DECISION.  SUCH  REASONS
SHALL  BE  GIVEN  IN  DETAIL AND NOT IN CONCLUSORY TERMS. INMATES DENIED
CONDITIONAL RELEASE ARE ELIGIBLE TO REAPPLY SIXTY DAYS AFTER THE DATE OF
THE DENIAL.
  S 274. CONDITIONAL RELEASE;  PROCEDURES  FOR  VIOLATION,  DELINQUENCY,
WARRANTS  AND  REVOCATION. 1. IF AT ANY TIME DURING THE PERIOD OF CONDI-
TIONAL RELEASE, THE COMMISSION, OR ANY MEMBER  THEREOF,  HAS  REASONABLE
CAUSE  TO  BELIEVE THAT A PERSON WHO HAS BEEN CONDITIONALLY RELEASED HAS
LAPSED INTO CRIMINAL WAYS OR COMPANY, OR HAS VIOLATED ONE OR MORE CONDI-
TIONS OF CONDITIONAL RELEASE, THE COMMISSION OR SUCH MEMBER MAY  DECLARE
SUCH  PERSON  DELINQUENT AND ISSUE A WRITTEN DECLARATION OF DELINQUENCY.
UPON SUCH DECLARATION, SUCH  COMMISSION  OR  SUCH  MEMBER  MAY  ISSUE  A
WARRANT FOR THE RETAKING AND TEMPORARY DETENTION OF SUCH PERSON.
  2.  A  WARRANT ISSUED PURSUANT TO THIS SECTION SHALL CONSTITUTE SUFFI-
CIENT AUTHORITY TO THE CHIEF ADMINISTRATIVE OFFICER OF ANY LOCAL CORREC-
TIONAL FACILITY TO WHOM IT IS DELIVERED TO HOLD IN  TEMPORARY  DETENTION
THE PERSON NAMED THEREIN.
  3.  A  WARRANT  ISSUED PURSUANT TO THIS SECTION MAY BE EXECUTED BY ANY
PROBATION OFFICER OR ANY OFFICER AUTHORIZED TO SERVE CRIMINAL PROCESS OR
ANY PEACE OFFICER, WHO IS ACTING PURSUANT TO HIS OR HER SPECIAL  DUTIES,
OR  ANY  POLICE  OFFICER. ANY SUCH OFFICER TO WHOM SUCH WARRANT SHALL BE
DELIVERED IS AUTHORIZED AND REQUIRED TO EXECUTE SUCH WARRANT  BY  TAKING
SUCH  PERSON  AND  HAVING  HIM  OR  HER DETAINED AS PROVIDED FOR IN THIS
SECTION.
  4. THE ALLEGED VIOLATOR SHALL, WITHIN FIVE DAYS OF  THE  EXECUTION  OF
THE  WARRANT,  BE GIVEN WRITTEN NOTICE OF THE TIME, PLACE AND PURPOSE OF
THE HEARING. THE NOTICE  SHALL  STATE  WHAT  CONDITIONS  OF  CONDITIONAL
RELEASE  ARE  ALLEGED TO HAVE BEEN VIOLATED AND IN WHAT MANNER AND SHALL
INFORM THE ALLEGED VIOLATOR OF HIS OR HER RIGHT TO COUNSEL  AS  PROVIDED
FOR IN SUBDIVISION SEVEN OF THIS SECTION.
  5.  THE  ALLEGED  CONDITIONAL RELEASE VIOLATOR SHALL APPEAR BEFORE THE
COMMISSION WITHIN TWENTY DAYS OF THE EXECUTION OF THE  WARRANT.  AT  THE
TIME  OF  SUCH  APPEARANCE THE COMMISSION SHALL ASK THE ALLEGED VIOLATOR
WHETHER HE OR SHE WISHES TO MAKE  ANY  STATEMENT  WITH  RESPECT  TO  THE
VIOLATION. IF THE ALLEGED VIOLATOR MAKES A STATEMENT, THE COMMISSION MAY
ACCEPT IT AND BASE A DECISION THEREON. IF THE COMMISSION DOES NOT ACCEPT
IT, OR IF THE ALLEGED VIOLATOR DOES NOT MAKE A STATEMENT, THE COMMISSION
SHALL PROCEED WITH THE HEARING.
  6.  THE  COMMISSION  MAY  RECEIVE  ANY  RELEVANT EVIDENCE. THE ALLEGED
VIOLATOR MAY CROSS EXAMINE WITNESSES AND MAY PRESENT EVIDENCE ON HIS  OR
HER OWN BEHALF.
  7.  THE  ALLEGED  VIOLATOR IS ENTITLED TO COUNSEL AT ALL STAGES OF ANY
PROCEEDING UNDER THIS SECTION AND THE COMMISSION SHALL ADVISE HIM OR HER
OF SUCH RIGHT UPON DELIVERING TO THE ALLEGED  VIOLATOR  WRITTEN  NOTICE,
REQUIRED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
  8.  AT  THE  CONCLUSION  OF  THE HEARING, THE COMMISSION SHALL ISSUE A
FINDING. IF THE COMMISSION IS NOT SATISFIED THAT THERE IS  A  PREPONDER-
ANCE  OF  EVIDENCE  IN  SUPPORT  OF  THE VIOLATION, THE COMMISSION SHALL
DISMISS THE VIOLATION, CANCEL DELINQUENCY  AND  RESTORE  THE  PERSON  TO

S. 56--B                           101                         A. 156--B

SUPERVISION.  IF  THE COMMISSION IS SATISFIED THAT THERE IS A PREPONDER-
ANCE OF EVIDENCE THAT THE ALLEGED VIOLATOR VIOLATED ONE OR  MORE  CONDI-
TIONS  OF  CONDITIONAL  RELEASE  IN AN IMPORTANT RESPECT, THE COMMISSION
SHALL SO FIND.
  9.  UPON  A  FINDING  IN  SUPPORT OF THE VIOLATION, THE COMMISSION MAY
REVOKE THE CONDITIONAL RELEASE, OR CONTINUE OR MODIFY THE CONDITIONS  OF
SUCH CONDITIONAL RELEASE. WHERE THE COMMISSION REVOKES A PERSON'S CONDI-
TIONAL  RELEASE,  SUCH  PERSON  SHALL BE COMMITTED TO THE CUSTODY OF THE
CHIEF ADMINISTRATIVE OFFICER OF THE LOCAL CORRECTIONAL FACILITY TO SERVE
THE TIME REMAINING ON HIS OR HER SENTENCE, IN ACCORDANCE  WITH  SUBDIVI-
SION THREE OF SECTION 70.40 OF THE PENAL LAW. WHERE THE COMMISSION MODI-
FIES  THE  CONDITIONS  OF  THE CONDITIONAL RELEASE, THE COMMISSION SHALL
INFORM THE PERSON, IN WRITING, OF SUCH MODIFIED CONDITIONS.
  10. ANY ACTIONS BY THE COMMISSION PURSUANT TO THIS  ARTICLE  SHALL  BE
DEEMED  A  JUDICIAL  FUNCTION  AND  SHALL  NOT  BE REVIEWABLE IF DONE IN
ACCORDANCE WITH LAW.
  S 275. TRANSFER OF CUSTODY AND SUPERVISION OF CONDITIONAL RELEASEE. 1.
IF A PERSON WHO HAS BEEN GRANTED CONDITIONAL RELEASE  PURSUANT  TO  THIS
ARTICLE  RESIDES  OR  DESIRES  TO  RESIDE  IN A PLACE OTHER THAN THE ONE
LOCATED WITHIN THE JURISDICTION OF THE COMMISSION WHICH HAS LEGAL CUSTO-
DY OF SUCH PERSON, SUCH COMMISSION, OR ANY MEMBER THEREOF, MAY DESIGNATE
ANY OTHER COMMISSION ESTABLISHED PURSUANT TO THIS ARTICLE, OR THE PAROLE
BOARD, TO ASSUME CUSTODY OF SUCH PERSON AND MAY SO TRANSFER CUSTODY UPON
THE CONSENT OF SUCH OTHER COMMISSION OR THE PAROLE BOARD.
  2. WHERE CUSTODY OF A PERSON WHO HAS BEEN GRANTED CONDITIONAL  RELEASE
PURSUANT  TO  THIS ARTICLE IS TRANSFERRED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION, UPON DESIGNATION AND PRIOR  TO  TRANSFER,  THE  COMMISSION
MAKING THE DESIGNATION SHALL NOTIFY THE COMMISSION WHICH HAS BEEN DESIG-
NATED  TO  RECEIVE  CUSTODY  OF  SUCH TRANSFER OR THE PAROLE BOARD.  THE
COMMISSION MAKING THE DESIGNATION SHALL IMMEDIATELY FORWARD  ITS  ENTIRE
CASE  RECORD  REGARDING  SUCH  PERSON TO THE RECEIVING COMMISSION OR THE
PAROLE BOARD.  THE COMMISSION TO WHICH LEGAL  CUSTODY  HAS  BEEN  TRANS-
FERRED,  OR  THE  PAROLE  BOARD, SHALL ASSUME THE SAME POWERS AND DUTIES
EXERCISED BY THE DESIGNATING COMMISSION AND SHALL HAVE THE SOLE  CUSTODY
OF SUCH PERSON.
  3.  THE  COMMISSION MAKING THE DESIGNATION SHALL, UPON DESIGNATION AND
PRIOR TO TRANSFER, NOTIFY THE LOCAL PROBATION DEPARTMENT LOCATED IN  THE
JURISDICTION  OF  THE  RECEIVING COMMISSION OF THE DUTIES OF SUPERVISION
AND CONDITIONS OF RELEASE OF SUCH PERSON. UPON SUCH  NOTIFICATION,  SUCH
PROBATION  DEPARTMENT  SHALL ASSUME RESPONSIBILITIES OF SUPERVISION. THE
COMMISSION MAKING THE DESIGNATION SHALL IMMEDIATELY FORWARD  ITS  ENTIRE
CASE RECORD REGARDING SUCH PERSON TO SUCH PROBATION DEPARTMENT.
  S  276.  REGULATIONS  AND  REPORT. THE DIVISION SHALL PROMULGATE REGU-
LATIONS IN CONFORMANCE WITH THE PROVISIONS OF THIS ARTICLE WHICH  ENSURE
THAT  LOCAL  CONDITIONAL  RELEASE COMMISSIONS OPERATE IN ACCORDANCE WITH
THE REQUIREMENTS PROVIDED IN THIS ARTICLE.  THE  DIVISION  SHALL  REPORT
ANNUALLY  TO  THE SPEAKER OF THE ASSEMBLY AND TO THE TEMPORARY PRESIDENT
OF THE SENATE CONCERNING THE OPERATIONS  OF  LOCAL  CONDITIONAL  RELEASE
COMMISSIONS.
  S  2.  The  executive  law is amended by adding a new section 257-b to
read as follows:
  S 257-B. CONDITIONAL RELEASEES; DUTIES OF SUPERVISION. 1. IT SHALL  BE
THE  DUTY OF EVERY PROBATION OFFICER TO FURNISH EACH PERSON WHO HAS BEEN
ORDERED TO HIS OR HER SUPERVISION PURSUANT TO SUBDIVISION TWO OF SECTION
70.40 OF THE PENAL LAW, WITH A STATEMENT OF THE  CONDITIONS  OF  RELEASE
AND  TO  INSTRUCT  SUCH  PERSON  WITH  REGARD  THERETO; TO KEEP INFORMED

S. 56--B                           102                         A. 156--B

CONCERNING  SUCH  PERSON'S  CONDUCT,  HABITS,  ASSOCIATES,  EMPLOYMENTS,
RECREATION AND WHEREABOUTS; TO CONTACT SUCH PERSON PURSUANT TO RULES AND
REGULATIONS  PROMULGATED  BY  THE  DIVISION;  TO  AID AND ENCOURAGE SUCH
PERSON  BY FRIENDLY ADVICE AND ADMONITION AND, BY SUCH OTHER MEASURES AS
MAY SEEM MOST SUITABLE, TO BRING  ABOUT  IMPROVEMENT  IN  SUCH  PERSON'S
CONDUCT, CONDITION AND GENERAL ATTITUDE TOWARD SOCIETY.
  2.  PROBATION OFFICERS SHALL REPORT TO THE HEAD OF THE LOCAL PROBATION
DEPARTMENT WHO SHALL IN TURN REPORT IN WRITING TO THE LOCAL  CONDITIONAL
RELEASE  COMMISSION  HAVING  CUSTODY  OF  SUCH  PERSON  AT LEAST MONTHLY
CONCERNING THE CONDUCT AND CONDITION OF PERSONS  CONDITIONALLY  RELEASED
PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION 70.40 OF THE PENAL LAW; KEEP
RECORDS OF THEIR WORK AS PROBATION OFFICERS; KEEP ACCURATE AND  COMPLETE
ACCOUNTS  OF ALL MONEY COLLECTED FROM SUCH PERSONS; GIVE RECEIPTS THERE-
FOR AND MAKE PROMPT RETURNS THEREOF AT LEAST MONTHLY;  AID  IN  SECURING
EMPLOYMENT; PERFORM SUCH OTHER DUTIES IN CONNECTION WITH THE SUPERVISION
OF  SUCH PERSONS AS MAY BE REQUIRED BY RULES AND REGULATIONS PROMULGATED
BY THE DIVISION; AND MAKE ANY OTHER REPORTS TO THE DIVISION  AS  IT  MAY
REQUIRE.
  3.  IF AT ANY TIME DURING THE PERIOD OF SUPERVISION, A PROBATION OFFI-
CER HAS REASONABLE CAUSE TO  BELIEVE  A  PERSON  CONDITIONALLY  RELEASED
PURSUANT TO SUBDIVISION TWO OF SECTION 70.40 OF THE PENAL LAW HAS LAPSED
INTO CRIMINAL WAYS OR COMPANY, OR HAS VIOLATED ONE OR MORE CONDITIONS OF
HIS  OR  HER RELEASE, SUCH PROBATION OFFICER SHALL REPORT SUCH FACT TO A
MEMBER OF THE LOCAL CONDITIONAL RELEASE  COMMISSION  HAVING  CUSTODY  OF
SUCH PERSON.
  S 3. Subdivision 4 of section 259-a of the executive law, as separate-
ly  amended by chapter 635 of the laws of 1985 and chapter 1 of the laws
of 1998, is amended to read as follows:
  4. [The] IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER, THE  divi-
sion  shall  supervise  [all]  inmates released on parole or conditional
release, or to post-release supervision, except that  the  division  may
consent  to  the  supervision  of a released inmate by the United States
parole commission pursuant to  the  witness  security  act  of  nineteen
hundred eighty-four.
  S  4.  Subdivision  2 of section 70.40 of the penal law, as amended by
chapter 467 of the laws of 1979, is amended to read as follows:
  2. Definite sentence. A person who is serving one  or  more  than  one
definite  sentence  of  imprisonment  with  a  term or aggregate term in
excess of ninety days, AND IS ELIGIBLE  FOR  RELEASE  ACCORDING  TO  THE
CRITERIA  SET FORTH IN PARAGRAPHS (A), (B) AND (C) OF SUBDIVISION ONE OF
SECTION TWO HUNDRED SEVENTY-THREE OF THE CORRECTION LAW, may, if  he  OR
SHE so requests, be conditionally released from the institution in which
he  OR  SHE  is confined at any time after service of sixty days of that
term, exclusive of credits allowed under subdivisions four  and  six  of
section  70.30.  In  computing service of sixty days, the credit allowed
for jail time under subdivision three of section 70.30 shall  be  calcu-
lated as time served. Conditional release from such institution shall be
in  the  discretion  of  the  parole board, [and] OR A LOCAL CONDITIONAL
RELEASE  COMMISSION  ESTABLISHED  PURSUANT  TO  ARTICLE  TWELVE  OF  THE
CORRECTION  LAW, PROVIDED, HOWEVER THAT WHERE SUCH RELEASE IS BY A LOCAL
CONDITIONAL RELEASE COMMISSION, THE PERSON MUST BE  SERVING  A  DEFINITE
SENTENCE  WITH  A TERM IN EXCESS OF ONE HUNDRED TWENTY DAYS AND MAY ONLY
BE RELEASED AFTER SERVICE OF NINETY DAYS  OF  SUCH  TERM.  IN  COMPUTING
SERVICE  OF NINETY DAYS, THE CREDIT ALLOWED FOR JAIL TIME UNDER SUBDIVI-
SION THREE OF SECTION 70.30 OF THIS ARTICLE SHALL BE CALCULATED AS  TIME
SERVED.  A  CONDITIONAL  RELEASE GRANTED UNDER THIS SUBDIVISION shall be

S. 56--B                           103                         A. 156--B

upon such conditions as may be imposed by [that] THE  PAROLE  board,  in
accordance  with  the provisions of the executive law, OR A LOCAL CONDI-
TIONAL RELEASE COMMISSION IN  ACCORDANCE  WITH  THE  PROVISIONS  OF  THE
CORRECTION LAW.
  Conditional  release  shall  interrupt  service  of  the  sentence  or
sentences and the remaining portion of the term or aggregate term  shall
be  held in abeyance. Every person so released shall be under the super-
vision of the parole board [for  a  period  of  one  year]  OR  A  LOCAL
PROBATION DEPARTMENT AND IN THE CUSTODY OF THE LOCAL CONDITIONAL RELEASE
COMMISSION  IN ACCORDANCE WITH ARTICLE TWELVE OF THE CORRECTION LAW, FOR
A PERIOD OF  ONE  YEAR.  THE  LOCAL  PROBATION  DEPARTMENT  SHALL  CAUSE
COMPLETE  RECORDS TO BE KEPT OF EVERY PERSON RELEASED TO ITS SUPERVISION
PURSUANT TO THIS SUBDIVISION. THE DIVISION OF PAROLE  MAY  SUPPLY  TO  A
LOCAL  PROBATION DEPARTMENT AND THE LOCAL CONDITIONAL RELEASE COMMISSION
CUSTODY INFORMATION AND RECORDS MAINTAINED ON PERSONS UNDER  THE  SUPER-
VISION  OF  SUCH LOCAL PROBATION DEPARTMENT TO AID IN THE PERFORMANCE OF
ITS SUPERVISION RESPONSIBILITIES.   Compliance with  the  conditions  of
release  during  the  period of supervision shall satisfy the portion of
the term or aggregate term that has been held in abeyance.
  S 5. Paragraph (b) of subdivision 3 of section 70.40 of the penal law,
as separately amended by chapter 1 of the laws of 1998,  is  amended  to
read as follows:
  (b)  When a person is alleged to have violated the terms of his condi-
tional release or post-release supervision and has been declared  delin-
quent  by  the  PAROLE board or THE LOCAL CONDITIONAL RELEASE commission
having supervision over [him] SUCH PERSON, the declaration of delinquen-
cy shall interrupt the period of supervision or post-release supervision
as of the date of the  delinquency.  For  a  conditional  release,  such
interruption shall continue until the return of the person to the insti-
tution  from which he was released or, if he was released from an insti-
tution under the jurisdiction of the state  department  of  [correction]
CORRECTIONAL  SERVICES, to an institution under the jurisdiction of that
department. Upon such return, the person shall  resume  service  of  his
sentence.  For  a  person  released  to  post-release  supervision,  the
provisions of section 70.45 shall apply.
  S 6. This act shall take effect immediately.

                                 PART TT

  Section 1. Section 1806 of the vehicle and traffic law, as amended  by
chapter 173 of the laws of 1990, is amended to read as follows:
  S 1806. Plea  of  not  guilty  by  a  defendant charged with a traffic
infraction. In addition to appearing personally to enter a plea  of  not
guilty to a violation of any provision of the tax law or the transporta-
tion  law  regulating  traffic,  or  to  a  traffic  infraction  for the
violation of any of the provisions of the vehicle and traffic law or  of
any  local  law,  ordinance,  order,  rule or regulation relating to the
operation of motor vehicles or [motor cycles] MOTORCYCLES,  a  defendant
may  enter  a  plea of not guilty by mailing to the court of appropriate
jurisdiction the ticket making the charge and a signed  statement  indi-
cating  such  plea. Such plea must be sent:  (a) by registered or certi-
fied mail, return receipt requested or by  first  class  mail;  and  (b)
within  forty-eight  hours  after receiving such ticket. Upon receipt of
such ticket and statement, the court shall advise the violator  of  [the
trial]  AN  APPEARANCE date by first class mail but no warrant of arrest
for [his] failure to appear can be issued until the violator is notified

S. 56--B                           104                         A. 156--B

of a new [trial] COURT APPEARANCE date by registered or certified  mail,
return receipt requested, and [he] fails to appear.
  S 2. This act shall take effect immediately.

                                 PART UU

  Section  1.  Legislative  findings.  The legislature hereby finds that
inmates face significant health issues and suffer from  relatively  high
rates  of  infectious diseases, mental illness, chronic drug and alcohol
addictions, and other conditions such as diabetes, asthma and  hyperten-
sion.  Research  has shown that individuals who are enrolled in Medicaid
upon release from incarceration, and therefore have  access  to  medical
and  mental  health care and drug treatment, are less likely to be rear-
rested and to engage  in  unhealthy  behaviors.  Additionally,  multiple
studies have shown that providing adequate medical assistance to persons
returning  from  incarceration  produces  considerable fiscal savings by
reducing costs associated with drug use and related crime  and  fighting
the spread of communicable diseases like HIV and hepatitis.
  Therefore,  the  legislature  finds  that  helping to ensure access to
Medicaid benefits for persons immediately upon their release from incar-
ceration is essential to ensure adequate medical  care,  drug  treatment
and mental health services.
  In  2007,  New York law was changed to allow for the suspension rather
than termination  of  Medicaid  eligibility  upon  incarceration.  As  a
result,  inmates  who are enrolled in Medicaid immediately before admis-
sion to the correctional system have their Medicaid  benefits  suspended
rather  than  terminated  and therefore have access to Medicaid coverage
upon release. It is estimated that twenty to thirty percent  of  inmates
have  Medicaid  coverage  immediately  before their admission to prison.
Nonetheless, many inmates who are not enrolled  in  Medicaid  when  they
enter prison will require Medicaid coverage upon release.
  The  legislature  finds  that  the New York department of correctional
services, the department of health, the office of temporary and disabil-
ity assistance and the division of parole should work together to deter-
mine the most efficient way to facilitate Medicaid coverage for eligible
inmates upon release from prison. The legislature finds that these state
agencies are in the best position to determine if  correctional,  parole
or health staff or an outside entity should be trained to assist inmates
in  filing  medical  assistance applications to help ensure that medical
assistance benefits are available to inmates either upon  their  release
or as soon thereafter as practicable.
  The  legislature  finds  that  the department of correctional services
should determine which correctional facility is  the  ideal  setting  to
institute  a  pilot  project in which inmates released from such a state
correctional facility will have access to Medicaid coverage upon release
from prison. The legislature further finds that in order to expedite the
process and help ensure Medicaid coverage upon release, applications for
medical assistance filed on behalf of inmates being released to a  coun-
ty, other than the county in which the correctional facility is located,
should  be  submitted  to  and  processed  by  the centralized statewide
enrollment center established through contract with  the  department  of
health.
  S  2.  The  correction law is amended by adding a new section 140-a to
read as follows:
  S 140-A. PILOT PROJECT FOR FILING MEDICAL ASSISTANCE APPLICATIONS  FOR
INMATES  PRIOR  TO  THEIR  RELEASE. 1. SUBJECT TO THE AVAILABILITY OF AN

S. 56--B                           105                         A. 156--B

APPROPRIATION OF NO LESS THAN TWO HUNDRED THOUSAND DOLLARS, THE  COMMIS-
SIONER,  AFTER CONSULTATION WITH THE CHAIRMAN OF THE DIVISION OF PAROLE,
THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, AND  THE  COMMISSIONER  OF
THE  OFFICE  OF  TEMPORARY  AND DISABILITY ASSISTANCE, SHALL ESTABLISH A
PILOT PROGRAM AT A DESIGNATED CORRECTIONAL FACILITY FOR THE  PURPOSE  OF
FILING  APPLICATIONS  FOR  ENROLLMENT  IN THE MEDICAL ASSISTANCE PROGRAM
ESTABLISHED UNDER TITLE ELEVEN OF ARTICLE FIVE OF  THE  SOCIAL  SERVICES
LAW  FOR  ELIGIBLE  INMATES  PRIOR  TO  THEIR  RELEASE TO THE COMMUNITY;
PROVIDED, HOWEVER, THAT THE COMMISSIONER SHALL NOT ESTABLISH SUCH  PILOT
PROGRAM AT THE ORLEANS CORRECTIONAL FACILITY. FOR PURPOSES OF THIS PILOT
PROGRAM, ELIGIBLE INMATES SHALL NOT INCLUDE ANY INMATES WHO WERE RECEIV-
ING SUCH MEDICAL ASSISTANCE IMMEDIATELY PRIOR TO THEIR COMMITMENT TO THE
DEPARTMENT  AND WHOSE MEDICAL ASSISTANCE WAS THEREAFTER SUSPENDED PURSU-
ANT TO THE PROVISIONS OF SUBDIVISION  ONE-A  OF  SECTION  THREE  HUNDRED
SIXTY-SIX OF THE SOCIAL SERVICES LAW.
  2. IN DETERMINING THE FACILITY WHERE THE PILOT PROGRAM SHALL BE ESTAB-
LISHED,  THE  COMMISSIONER SHALL GIVE DUE CONSIDERATION TO THE FOLLOWING
FACTORS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) THE  DEGREE  TO
WHICH  PRE-RELEASE  SERVICES  AND  RE-ENTRY  SERVICES ARE EITHER ALREADY
AVAILABLE AT SUCH FACILITY OR CAN BE  MADE  READILY  AVAILABLE  AT  SUCH
FACILITY; (II) THE PROXIMITY OF THE FACILITY TO THE COMMUNITIES TO WHICH
THE  ELIGIBLE INMATES WILL BE RELEASED; (III) THE AVAILABILITY OF COMMU-
NITY LINKAGES WHICH WOULD FACILITATE THE PREPARATION AND  SUBMISSION  OF
SUCH  MEDICAL ASSISTANCE APPLICATIONS FOR ELIGIBLE INMATES; AND (IV) THE
RECOMMENDATIONS OF THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISA-
BILITY ASSISTANCE, THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND  THE
CHAIRMAN OF THE DIVISION OF PAROLE.
  3.  THE  COMMISSIONER MAY USE THE APPROPRIATION FOR THIS PILOT PROGRAM
TO ESTABLISH ONE OR MORE DEPARTMENT POSITIONS TO PERFORM  ANY  RESPONSI-
BILITIES  WHICH  MAY  ARISE  IN  CONNECTION  WITH  THE  PREPARATION  AND
SUBMISSION OF SUCH MEDICAL ASSISTANCE APPLICATIONS. THE COMMISSIONER MAY
ALSO USE THE APPROPRIATION TO ENTER INTO ANY CONTRACT WITH ONE  OR  MORE
OUTSIDE  INDIVIDUALS  OR  ENTITIES  TO  PROVIDE ANY SERVICES THAT MAY BE
NEEDED IN CONNECTION WITH THIS PILOT PROGRAM. FURTHER, ALL OR A  PORTION
OF  THE  FUNDS  APPROPRIATED FOR THE PILOT PROGRAM MAY BE TRANSFERRED TO
ANOTHER STATE AGENCY IN ORDER TO  ESTABLISH  POSITIONS  TO  PERFORM  ANY
RESPONSIBILITIES WHICH MAY BE NECESSARY TO OPERATE THE PILOT PROGRAM.
  4.  APPLICATIONS  FOR  MEDICAL  ASSISTANCE  SHALL  BE SUBMITTED TO THE
STATEWIDE ENROLLMENT CENTER ESTABLISHED BY CONTRACT WITH THE  DEPARTMENT
OF HEALTH PURSUANT TO SUBDIVISION TWENTY-FOUR OF SECTION TWO HUNDRED SIX
OF  THE  PUBLIC  HEALTH  LAW  IN  SUFFICIENT TIME BEFORE THE ANTICIPATED
RELEASE, CONDITIONAL RELEASE OR DISCHARGE  OF  THE  ELIGIBLE  INMATE  TO
PERMIT  THE  ENROLLMENT  CENTER TO PROCESS THE APPLICATION PRIOR TO SUCH
INMATE'S RELEASE FROM THE CUSTODY; PROVIDED,  HOWEVER,  THAT  WHERE  THE
ELIGIBLE  INMATE  WILL  BE  RELEASED  TO THE SAME COUNTY WHERE THE PILOT
PROGRAM IS ESTABLISHED, THE APPLICATION FOR MEDICAL  ASSISTANCE  MAY  BE
FILED WITH THE LOCAL COUNTY DEPARTMENT OF SOCIAL SERVICES.
  5.  UPON RECEIPT OF AN APPLICATION FILED PURSUANT TO THIS SECTION, THE
CENTRALIZED STATEWIDE ENROLLMENT CENTER SHALL DETERMINE THE  ELIGIBILITY
OF  SUCH  INMATE FOR ENROLLMENT IN THE MEDICAL ASSISTANCE PROGRAM ESTAB-
LISHED UNDER TITLE ELEVEN OF ARTICLE FIVE OF THE  SOCIAL  SERVICES  LAW.
SUCH  DETERMINATION SHALL BE BASED ON WHETHER THE INMATE, EXCEPT FOR HIS
OR HER STATUS AS AN INMATE, WOULD BE ELIGIBLE TO RECEIVE MEDICAL ASSIST-
ANCE. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW,  ENROLLMENT  IN
THE  MEDICAL ASSISTANCE PROGRAM SHALL BE EFFECTIVE ON THE DATE AN ELIGI-
BLE INMATE IS RELEASED, CONDITIONALLY RELEASED OR DISCHARGED FROM CUSTO-

S. 56--B                           106                         A. 156--B

DY IN A DEPARTMENT FACILITY TO  THE  COMMUNITY.  THE  COMMISSIONER,  THE
COMMISSIONER  OF  THE STATE DEPARTMENT OF HEALTH AND THE CHAIRMAN OF THE
STATE DIVISION OF PAROLE SHALL DETERMINE THE  PROCESS  FOR  ISSUING  THE
MEDICAL  ASSISTANCE  IDENTIFICATION  CARD  SO  THAT  THE  APPLICANT WILL
RECEIVE APPROPRIATE DOCUMENTATION  OF  HIS/HER  ELIGIBILITY  OF  MEDICAL
ASSISTANCE EITHER UPON RELEASE OR AS SOON THEREAFTER AS PRACTICABLE.
  6. AFTER THE PILOT PROGRAM BECOMES OPERATIONAL, THE COMMISSIONER SHALL
PERIODICALLY MONITOR ALL INDICATORS RELATED TO THE PREPARATION AND PROC-
ESSING  OF  INMATE  APPLICATIONS WHICH SHALL INCLUDE, BUT NOT BE LIMITED
TO: (I) THE DEGREE TO WHICH ALL OF  THE  REQUISITE  INFORMATION  FOR  AN
APPLICATION  CAN  BE  OBTAINED  WHILE  THE INMATE IS INCARCERATED BY THE
DEPARTMENT; (II) THE AVERAGE PROCESSING TIMES TO  PREPARE  AND  COMPLETE
APPLICATIONS;  (III)  THE MOST EFFECTIVE MANNER FOR THE TRANSMITTAL OF A
COMPLETED APPLICATION FOR AN ELIGIBILITY DETERMINATION; (IV) THE AVERAGE
AMOUNT OF TIME REQUIRED  BEFORE  AN  ELIGIBILITY  DETERMINATION  CAN  BE
COMPLETED  AND  THE  NECESSARY  MEDICAL  ASSISTANCE  ELIGIBILITY CARD IS
PROVIDED TO THE ELIGIBLE  INDIVIDUAL;  AND  (V)  THE  IDENTIFICATION  OF
ISSUES  AND  FACTORS WHICH MAY PREVENT, IMPEDE, OR DELAY THE PREPARATION
AND SUBMISSION OF APPLICATIONS, WHICH COULD BE AMELIORATED BY  MODIFICA-
TIONS  TO  EXISTING  LAWS, RULES AND REGULATIONS, OR POLICIES AND PROCE-
DURES.
  7. AFTER THE PILOT PROGRAM HAS BEEN OPERATIONAL FOR A PERIOD OF TWELVE
MONTHS, OR SOONER IF DETERMINED TO BE APPROPRIATE BY THE COMMISSIONER, A
REPORT SHALL BE PREPARED BY THE COMMISSIONER AND SUBMITTED TO THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM-
BLY ON THE FACTORS LISTED IN SUBDIVISION SIX  OF  THIS  SECTION.    SUCH
REPORT SHALL ALSO INCLUDE ANY RECOMMENDATIONS FOR ADDITIONAL LEGISLATIVE
ENACTMENTS  THAT  MAY  BE  NEEDED,  OR  NEW  APPROPRIATIONS  THAT MAY BE
REQUIRED, TO IMPROVE, ENHANCE AND SUBSEQUENTLY  EXPAND  THE  PROGRAM  TO
OTHER  CORRECTIONAL  FACILITIES  AS  DETERMINED TO BE APPROPRIATE BY THE
COMMISSIONER, WITH THE ULTIMATE GOAL TO ASSIST AS MANY INMATES AS FEASI-
BLE TO SUBMIT APPLICATIONS FOR MEDICAL ASSISTANCE PRIOR TO THEIR RELEASE
TO THE COMMUNITY.
  8. THE DIVISION OF PAROLE SHALL ASSIST THE DEPARTMENT  IN  ANY  MANNER
NECESSARY  TO ASSURE THAT THE PURPOSES AND OBJECTIVE OF THIS SECTION ARE
EFFECTIVELY ACCOMPLISHED.
  9. THE COMMISSIONER AND THE COMMISSIONER OF THE DEPARTMENT  OF  HEALTH
MAY PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE UNIFORM AND TIME-
LY PREPARATION, SUBMISSION, ACCEPTANCE AND PROCESSING OF APPLICATIONS BY
ELIGIBLE INMATES PRIOR TO THEIR RELEASE FROM CUSTODY.
  S 3. This act shall take effect immediately, provided however that the
provisions  of  section  two  of  this act shall be implemented upon the
certification by the commissioner of the department of health  that  the
centralized  statewide  enrollment  center, established through contract
with the department of health pursuant to subdivision 24 of section  206
of  the public health law, is able to accept and process medical assist-
ance applications. This act shall remain in effect until April 1,  2012,
when it shall expire and be deemed repealed.

                                 PART VV

  Section  1.  Section 679-e of the education law, as added by section 1
of part H of chapter 56 of the laws of  2007,  paragraphs  a  and  d  of
subdivision  2  as  amended  by section 1 of part X of chapter 56 of the
laws of 2008 and paragraph b of subdivision 3 as amended by section 2 of
part X of chapter 56 of the laws of 2008, is amended to read as follows:

S. 56--B                           107                         A. 156--B

  S 679-e. New York state district attorney AND INDIGENT LEGAL  SERVICES
ATTORNEY  loan  forgiveness  program.  1.   Purpose. The president shall
grant student loan forgiveness awards for the purpose of increasing  the
number  of  experienced  attorneys  serving  in the position of district
attorney  OR  INDIGENT  LEGAL  SERVICES  ATTORNEY in the counties of the
state.
  2. Definitions. a. (i) "Eligible attorney" means an attorney, admitted
to practice law in New York state, who is EMPLOYED FULL-TIME AS EITHER a
district attorney, as defined in subparagraph (ii) of this paragraph, OR
AN INDIGENT LEGAL SERVICES ATTORNEY, AS DEFINED IN SUBPARAGRAPH (III) OF
THIS PARAGRAPH, who is [employed full time as a district  attorney;  and
who  holds  a degree from a law school] ADMITTED TO PRACTICE LAW IN THIS
STATE FOR NOT MORE THAN ELEVEN YEARS and WHO  was  within  the  eligible
period as defined in paragraph b of this subdivision during the time for
which such person is seeking a student loan expense grant.
  (ii)  "District  attorney"  means  the district attorney of one of the
counties of the state or an employee of the office of any such  district
attorney.
  (III)  "INDIGENT  LEGAL SERVICES ATTORNEY" MEANS AN ATTORNEY WHO IS AN
EMPLOYEE OF (A) ANY AGENCY DESIGNATED BY SUBDIVISIONS  ONE  AND  TWO  OF
SECTION  SEVEN  HUNDRED  TWENTY-TWO OF THE COUNTY LAW, WHO IS ENGAGED IN
THE PRACTICE OF CRIMINAL LAW ON BEHALF OF PERSONS CHARGED WITH  A  CRIME
WHO  ARE  FINANCIALLY  UNABLE  TO  OBTAIN  COUNSEL; (B) A NOT-FOR-PROFIT
CORPORATION THAT IS EXEMPT FROM THE  PAYMENT  OF  FEDERAL  INCOME  TAXES
PURSUANT  TO  SECTION  501(C)(3) OF THE INTERNAL REVENUE CODE AND ESTAB-
LISHED FOR THE PURPOSE OF PROVIDING LEGAL SERVICES  THAT  INCLUDE  CIVIL
LEGAL  SERVICES  TO  PERSONS  WITHIN  NEW YORK STATE WHO ARE FINANCIALLY
UNABLE TO OBTAIN COUNSEL; OR (C) AN AGENCY SPECIFIED IN  CLAUSE  (A)  OF
THIS  SUBPARAGRAPH  AND/OR A CORPORATION SPECIFIED IN CLAUSE (B) OF THIS
SUBPARAGRAPH AND WHO PROVIDES A COMBINATION OF THE  CIVIL  AND  CRIMINAL
SERVICES SPECIFIED THEREIN.
  b. "Eligible period" means the six-year period after completion of the
third  year  and before the commencement of the tenth year of employment
as [a district] AN ELIGIBLE attorney. For purposes of this section,  all
periods  of  time  during  which an admitted attorney was employed as [a
district] AN ELIGIBLE attorney and all periods of time  during  which  a
law  school  graduate  awaiting  admission to the New York state bar was
employed by a prosecuting or criminal defense  agency  as  permitted  by
section four hundred eighty-four of the judiciary law shall be combined.
  c.  "Student loan expense" means the total loan balance required to be
paid by the eligible attorney on the cumulative total of the  attorney's
outstanding  student  loans covering his or her cost of attendance at an
undergraduate institution and/or law school, at the time of  the  attor-
ney's  first application for reimbursement. Interest paid or due on such
loans shall be considered eligible for reimbursement under this program.
For purposes of  this  calculation,  the  amount  of  the  student  loan
expenses  shall  be  reduced by any grants, loan forgiveness, or similar
reductions to the attorney's indebtedness that the attorney has received
or shall receive,  including,  but  not  limited  to,  law  school  loan
forgiveness and public service scholarships.
  d.  "Year of qualified service" means the twelve month period measured
from the anniversary of the attorney's employment as an eligible  attor-
ney,  or  as  a  law  school graduate awaiting admission to the New York
state bar employed by  a  prosecuting  or  criminal  defense  agency  as
permitted  by  section  four  hundred  eighty-four of the judiciary law,
adjusted for any interruption in employment.  Any  period  of  temporary

S. 56--B                           108                         A. 156--B

leave from service taken by an eligible attorney shall not be considered
in  the  calculation of qualified service. However, the period of tempo-
rary leave shall be considered an interruption  in  employment  and  the
calculation  of  the  time  period of qualified service shall recommence
when the eligible attorney returns to full time service.
  3. Awards. a. An eligible attorney may apply for  reimbursement  after
the  completion  of each year of qualified service provided however that
reimbursement to each eligible attorney shall not exceed three  thousand
four  hundred  dollars,  per  qualifying year, SUBJECT TO APPROPRIATIONS
AVAILABLE THEREFOR.  The president may establish:   (i)  an  application
deadline  and (ii) a method of selecting recipients if in any given year
there are insufficient funds to cover the needs of all  the  applicants.
Awards  shall  be  within  the amounts appropriated for such purpose and
based on availability of funds.
  b. An eligible attorney may apply after the completion of  the  fourth
year  of qualified service, and annually thereafter after the completion
of the fifth through ninth year of qualified service,  and  may  seek  a
student  loan  expense  grant  for  only  the previous year of qualified
service within the time periods prescribed by the president. An eligible
attorney may receive student loan expense grants for no  more  than  six
years of qualified service within an eligible period.
  4.  Rules  and  regulations.  The president shall promulgate rules and
regulations for the administration of this program.  The  president  may
promulgate  rules  and regulations to delegate to the entities employing
the eligible attorneys the  responsibility  to  certify  the  employment
status and the student loan balance of the applicants.
  S 2. This act shall take effect immediately.

                                 PART WW

  Section 1. Section 17 of the alcoholic beverage control law is amended
by adding a new subdivision 14 to read as follows:
  14.  FOR  STATE  FISCAL  YEAR TWO THOUSAND NINE--TWO THOUSAND TEN, THE
AUTHORITY SHALL, WITHIN  AMOUNTS  APPROPRIATED  THEREFORE,  IMPROVE  AND
UPDATE  THEIR  INFORMATION  TECHNOLOGY IN ORDER TO MEET FEDERAL SECURITY
REQUIREMENTS AND TO ASSIST IN THE PROCESSING OF  LICENSE  AND/OR  PERMIT
APPLICATIONS AND RENEWALS.
  S 2. This act shall take effect immediately.

                                 PART XX

  Section 1. 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 AA of
chapter 56 of the laws of 2008, 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,
[2009] 2010 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. 56--B                           109                         A. 156--B

  S 2. That portion of subdivision 1 of section 5-a of  the  legislative
law entitled "SENATORS SERVING IN SPECIAL CAPACITY", as added by chapter
630 of the laws of 1998, is amended to read as follows:

                  SENATORS SERVING IN SPECIAL CAPACITY

Chairman of senate finance committee ............................ 34,000
Ranking minority member of senate finance
 committee ...................................................... 20,500
Chairman of senate judiciary committee .......................... 18,000
Ranking minority member of senate judiciary
 committee ...................................................... 11,000
Chairman of senate aging committee .............................. 12,500
Ranking minority member of senate aging committee ................ 9,000
Chairman of the senate alcoholism and drug abuse
 committee ...................................................... 12,500
Ranking minority member of the senate alcoholism
 and drug abuse committee ........................................ 9,000
Chairman of senate children and families committee .............. 12,500
Ranking minority member of senate children and families
 committee ....................................................... 9,000
Chairman of senate codes committee .............................. 18,000
Ranking minority member of senate codes committee ............... 11,000
Chairman of senate banks committee .............................. 15,000
Ranking minority member of senate banks committee ................ 9,500
Chairman of senate education committee .......................... 18,000
Ranking minority member of senate education
 committee ...................................................... 11,000
Chairman of senate energy and telecommunications
 committee ...................................................... 12,500
Ranking minority member of senate energy and
 telecommunications committee .................................... 9,000
Chairman of senate ethics committee ............................. 12,500
Ranking minority member of senate ethics committee ............... 9,000
Chairman of senate health committee ............................. 15,000
Ranking minority member of senate health committee ............... 9,500
Chairman of senate local government committee ................... 12,500
Ranking minority member of senate local government
 committee ....................................................... 9,000
Chairman of senate labor committee .............................. 12,500
Ranking minority member of senate labor committee ................ 9,000
Chairman of senate mental health and developmental
 disabilities committee ......................................... 12,500
Ranking minority member of senate mental health and
 developmental disabilities committee ............................ 9,000
Chairman of senate insurance committee .......................... 12,500
Ranking minority member of senate insurance
 committee ....................................................... 9,000
Chairman of senate social services committee .................... 12,500
Ranking minority member of senate social services
 committee ....................................................... 9,000
Chairman of senate investigations[, taxation]
 and government operations committee ............................ 15,000
Ranking minority member of senate investigations[,
 taxation] and government operations committee ................... 9,500
Chairman of senate corporations, authorities and

S. 56--B                           110                         A. 156--B

 commissions committee .......................................... 15,000
Ranking minority member of senate corporations,
 authorities and commissions committee ........................... 9,500
Chairman of senate transportation committee ..................... 15,000
Ranking minority member of senate transportation
 committee ....................................................... 9,500
Chairman of senate agriculture committee ........................ 12,500
Ranking minority member of senate agriculture
 committee ....................................................... 9,000
Chairman of senate consumer protection committee ................ 12,500
Ranking minority member of senate consumer protection
 committee ....................................................... 9,000
Chairman of senate cities committee ............................. 15,000
Ranking minority member of senate cities committee ............... 9,500
Chairman of senate civil service and pensions
 committee ...................................................... 12,500
Ranking minority member of senate civil service and
 pensions committee .............................................. 9,000
Chairman of senate commerce, economic development
 and small business committee ................................... 12,500
Ranking minority member of senate commerce,
 economic development and small business committee ............... 9,000
Chairman of senate environmental conservation
 committee ...................................................... 12,500
Ranking minority member of senate environmental
 conservation committee .......................................... 9,000
Chairman of senate crime victims, crime and correction
 committee ...................................................... 12,500
Ranking minority member of senate crime victims,
 crime and correction committee .................................. 9,000
Chairman of senate elections committee .......................... 12,500
Ranking minority member of senate elections
 committee ....................................................... 9,000
Chairman of senate higher education committee ................... 12,500
Ranking minority member of senate higher education
 committee ....................................................... 9,000
Chairman of senate housing, construction and community development
 committee ...................................................... 12,500
Ranking minority member of senate housing, construction and
 community development committee ................................. 9,000
Chairman of senate [tourism, recreation and sports development]
 CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION committee ...... 12,500
Ranking minority member of senate [tourism, recreation and sports
 development] CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
 committee ....................................................... 9,000
Chairman of senate veterans, HOMELAND SECURITY and military
 affairs committee .............................................. 12,500
Ranking minority member of senate veterans, HOMELAND SECURITY
 and military affairs committee .................................  9,000
Co-chairman of administrative regulations review commission ..... 12,500

  S  3.  That portion of subdivision 1 of section 5-a of the legislative
law entitled "ASSEMBLYMEN SERVING IN  SPECIAL  CAPACITY",  as  added  by
chapter 630 of the laws of 1998, is amended to read as follows:

                 ASSEMBLYMEN SERVING IN SPECIAL CAPACITY

S. 56--B                           111                         A. 156--B

Chairman of assembly ways and means committee ................... 34,000
Ranking minority member of assembly ways and means
 committee ...................................................... 20,500
Chairman of assembly judiciary committee ........................ 18,000
Ranking minority member of assembly judiciary
 committee ...................................................... 11,000
Chairman of assembly codes committee ............................ 18,000
Ranking minority member of assembly codes
 committee ...................................................... 11,000
Chairman of assembly banks committee ............................ 15,000
Ranking minority member of assembly banks committee .............. 9,500
Chairman of assembly committee on cities ........................ 15,000
Ranking minority member of assembly committee on cities .......... 9,500
Chairman of assembly education committee ........................ 18,000
Ranking minority member of assembly education committee ......... 11,000
Chairman of assembly health committee ........................... 15,000
Ranking minority member of assembly health committee ............. 9,500
Chairman of assembly local governments committee ................ 15,000
Ranking minority member of assembly local governments
 committee ....................................................... 9,500
Chairman of assembly agriculture committee ...................... 12,500
Ranking minority member of assembly agriculture committee ........ 9,000
Chairman of assembly economic development, job creation,
 commerce and industry committee ................................ 18,000
Ranking minority member of assembly economic development,
 job creation, commerce and industry committee .................. 11,000
Chairman of assembly environmental conservation committee ....... 12,500
Ranking minority member of assembly environmental
 conservation committee .......................................... 9,000
Chairman of assembly corporations, authorities
 and commissions committee ...................................... 15,000
Ranking minority member of assembly corporations,
 authorities, and commissions committee .......................... 9,500
Chairman of assembly correction committee ....................... 12,500
Ranking minority member of assembly correction committee ......... 9,000
Chairman of assembly ethics and guidance committee .............. 12,500
Ranking minority member of assembly ethics and guidance
 committee ....................................................... 9,000
Chairman of assembly governmental employees committee ........... 12,500
Ranking minority member of assembly governmental
 employees committee ............................................. 9,000
Chairman of assembly governmental operations committee .......... 12,500
Ranking minority member of assembly governmental
 operations committee ............................................ 9,000
Chairman of assembly housing committee .......................... 12,500
Ranking minority member of assembly housing committee ............ 9,000
Chairman of assembly insurance committee ........................ 12,500
Ranking minority member of assembly insurance committee .......... 9,000
Chairman of assembly labor committee ............................ 14,000
Ranking minority member of assembly labor committee .............. 9,000
Chairman of assembly racing and wagering committee .............. 12,500
Ranking minority member of assembly racing and wagering
 committee ....................................................... 9,000
Chairman of assembly social services committee .................. 12,500
Ranking minority member of assembly social services

S. 56--B                           112                         A. 156--B

 committee ....................................................... 9,000
Chairman of assembly small business committee ................... 12,500
Ranking minority member of assembly small business
 committee ....................................................... 9,000
Chairman of assembly transportation committee ................... 15,000
Ranking minority member of assembly transportation
 committee ....................................................... 9,500
Chairman of assembly veterans' affairs committee ................ 12,500
Ranking minority member of assembly veterans' affairs
 committee ....................................................... 9,000
Chairman of assembly aging committee ............................ 12,500
Ranking minority member of assembly aging committee .............. 9,000
Chairman of the assembly alcoholism and drug abuse
 committee ...................................................... 12,500
Ranking minority member of the assembly
 alcoholism and drug abuse committee ............................. 9,000
Chairman of assembly committee on mental health,
 mental retardation and developmental disabilities .............. 12,500
Ranking minority member of assembly committee on mental health,
 mental retardation and developmental disabilities ............... 9,000
Chairman of assembly higher education committee ................. 12,500
Ranking minority member of assembly higher education
 committee ....................................................... 9,000
Chairman of assembly real property taxation committee ........... 12,500
Ranking minority member of assembly real property
 taxation committee .............................................. 9,000
Chairman of assembly election law committee ..................... 12,500
Ranking minority member of assembly election
 law committee ................................................... 9,000
Chairman of assembly children and families committee ............ 12,500
Ranking minority member of assembly children
 and families committee .......................................... 9,000
Chairman of assembly consumer affairs and protection
 committee ...................................................... 12,500
Ranking minority member of assembly consumer affairs and
 protection committee ............................................ 9,000
Chairman of the assembly energy committee ....................... 12,500
Ranking minority member of assembly energy committee ............. 9,000
Chairman of assembly tourism, PARKS, arts and sports development
 committee ...................................................... 12,500
Ranking minority member of assembly tourism, PARKS, arts and
 sports development committee .................................... 9,000
Chairman of assembly oversight, analysis and investigation
 committee ...................................................... 12,500
Ranking minority member of assembly oversight,
 analysis and investigation committee ............................ 9,000
Chairman of assembly office of state-federal relations .......... 12,500
Chairman of majority house operations ........................... 12,500
Chairman of minority house operations ............................ 9,000
Co-chairman of the administrative regulations review
 commission ..................................................... 12,500

  S 4. This act shall take effect immediately, provided however, if this
act  takes  effect  on or after June 30, 2009 this act shall take effect
immediately and shall be deemed to have been in full force and effect on
and after June 30, 2009.

S. 56--B                           113                         A. 156--B

                                 PART YY

  Section  1. All state public authorities as defined pursuant to subdi-
vision 1 of section 2 of the public authorities  law  receiving  funding
under  the American recovery and reinvestment act of 2009 shall submit a
written expenditure plan to the governor, the speaker  of  the  assembly
and the temporary president of the senate within thirty days of award of
funds. Such expenditure plan shall include: (i) the total amount awarded
to  the  state  public  authority, (ii) a description of the program and
federal agency from which the funding was awarded, (iii)  a  description
of  the intended uses of such award, (iv) recipient eligibility require-
ments, and (v) the methodology for the allocation of funding awards  for
program  applicants.  Further,  all  state  public authorities receiving
funding under the American recovery and reinvestment act of  2009  shall
submit  copies  of reports on the use of funds required pursuant to such
federal act to the governor, the speaker of the assembly and the  tempo-
rary  president  of  the  senate  on  the  same date as such reports are
submitted to the federal government and shall further make such  reports
available on their websites.
  S 2. This act shall take effect immediately.

                                 PART ZZ

  Section  1.  The  chief  administrator  of the courts shall promulgate
rules regarding compliance with caseload standards for attorneys and law
offices providing representation to indigent clients in criminal matters
pursuant to article 18-B of the county law in cities with  a  population
of  over  one  million  with caseload standards deemed reasonable by the
chief administrator of the courts. Such rules shall provide for a 4-year
phased plan of implementation, beginning on April 1, 2010 and  resulting
in ongoing compliance after March 31, 2014. The plan for compliance with
caseload  standards  shall  allow  for  adjustment  each year, and shall
consider, on an ongoing basis, the future projections  of  caseload,  as
well  as  the  number  of attorneys available to accept cases. The chief
administrator may request funds  necessary  to  assist  in  meeting  the
prescribed  standards as part of the annual budget request of the office
of court administration. However,  nothing  in  this  section  shall  be
deemed  to require the legislature to approve such request, nor create a
liability requiring the state to provide the funding necessary to ensure
compliance with the standards set by such rules.
  S 2. This act shall take effect immediately.

                                PART AAA

  Section 1.  Subdivision 18 of section 2  of  the  correction  law,  as
amended  by  chapter  738  of  the  laws  of 2004, is amended to read as
follows:
  18. "Alcohol and substance  abuse  treatment  correctional  annex."  A
medium security correctional facility consisting of one or more residen-
tial  dormitories  which  provide  intensive alcohol and substance abuse
treatment services to inmates who: (i) are otherwise eligible for tempo-
rary release, or (ii) stand convicted of a felony defined in article two
hundred twenty or two hundred twenty-one of the penal law, and are with-
in six months of being an eligible inmate as that  term  is  defined  in
subdivision  two  of  section  eight  hundred  fifty-one of this chapter
including such inmates who are participating in such program pursuant to

S. 56--B                           114                         A. 156--B

subdivision six of section 60.04 of the penal law.  Notwithstanding  the
foregoing  provisions  of this subdivision, any inmate to be enrolled in
this program pursuant to subdivision six of section 60.04 of  the  penal
law  shall  be governed by the same rules and regulations promulgated by
the department, including without limitation those rules and regulations
establishing requirements for completion and those rules and regulations
governing discipline and removal from the program.  No  such  period  of
court  ordered  corrections  based drug abuse treatment pursuant to this
subdivision shall be required to extend beyond  the  defendant's  condi-
tional  release  date. Such treatment services may be provided by one or
more outside service providers pursuant to contractual  agreements  with
both  the department and the division of parole, provided, however, that
any such provider shall be  required  to  continue  to  provide,  either
directly  or  through formal or informal agreement with other providers,
alcohol and substance abuse  treatment  services  to  inmates  who  have
successfully  participated  in  such  provider's incarcerative treatment
services and who have been paroled or conditionally released  under  the
supervision  of  the  division  of parole and who are, as a condition of
their parole or conditional release, required to participate in  alcohol
or  substance  abuse  treatment.  Such  incarcerative  services shall be
provided in the facility in accordance with minimum standards promulgat-
ed by the department after consultation with the  office  of  alcoholism
and  substance  abuse  services.  Such  services  to  parolees  shall be
provided in accordance with standards promulgated  by  the  division  of
parole  after  consultation  with the office of alcoholism and substance
abuse services. Notwithstanding any other provision of law,  any  person
who  has  successfully  completed  no  less than six months of intensive
alcohol and substance abuse treatment services in  one  of  the  depart-
ment's  eight  designated  alcohol and substance abuse treatment correc-
tional annexes having a combined total capacity  of  two  thousand  five
hundred  fifty  beds may be transferred to a program operated by or at a
residential treatment facility, provided however, that a person under  a
determinate  sentence  as  a  second  felony drug offender for a class B
felony offense defined in article two hundred twenty of the  penal  law,
who  was  sentenced  pursuant to section 70.70 of such law, shall not be
eligible to be transferred to a program operated at a residential treat-
ment facility until the time served under imprisonment for  his  or  her
determinate  sentence, including any jail time credited pursuant to [the
provisions of article seventy] SUBDIVISION THREE OF SECTION 70.30 of the
penal law, shall be at least [eighteen] NINE  months.  The  commissioner
shall  report  annually to the temporary president of the senate and the
speaker of the assembly commencing January first, nineteen hundred nine-
ty-two as to the efficacy of such programs including but not limited  to
a comparative analysis of state-operated and private sector provision of
treatment  services  and  recidivism. Such report shall also include the
number of inmates received by the department during the reporting period
who are subject to a sentence which  includes  enrollment  in  substance
abuse  treatment  in accordance with subdivision six of section 60.04 of
the penal law, the number of such inmates who are  not  placed  in  such
treatment program and the reasons for such occurrences.
  S  2.  Section  867  of  the correction law is amended by adding a new
subdivision 2-a to read as follows:
  2-A. SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL APPLY TO  A  JUDI-
CIALLY  SENTENCED SHOCK INCARCERATION INMATE ONLY TO THE EXTENT THAT THE
SCREENING COMMITTEE MAY DETERMINE WHETHER THE INMATE HAS  A  MEDICAL  OR
MENTAL  HEALTH  CONDITION THAT WILL RENDER THE INMATE UNABLE TO SUCCESS-

S. 56--B                           115                         A. 156--B

FULLY COMPLETE THE SHOCK INCARCERATION  PROGRAM,  AND  THE  FACILITY  IN
WHICH  THE  INMATE  WILL  PARTICIPATE  IN  SUCH PROGRAM. NOTWITHSTANDING
SUBDIVISION FIVE OF THIS SECTION, AN INMATE SENTENCED TO SHOCK INCARCER-
ATION  SHALL  PROMPTLY  COMMENCE  PARTICIPATION IN THE PROGRAM WHEN SUCH
INMATE IS AN ELIGIBLE INMATE PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION
EIGHT  HUNDRED SIXTY-FIVE OF THIS ARTICLE.
  S  3.  The  criminal  procedure law is amended by adding a new section
160.58 to read as follows:
S 160.58 CONDITIONAL SEALING OF CERTAIN CONTROLLED SUBSTANCE,  MARIHUANA
           OR SPECIFIED OFFENSE CONVICTIONS.
  1. A DEFENDANT CONVICTED OF ANY OFFENSE DEFINED IN ARTICLE TWO HUNDRED
TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW OR A SPECIFIED OFFENSE
DEFINED  IN  SUBDIVISION  FIVE OF SECTION 410.91 OF THIS CHAPTER WHO HAS
SUCCESSFULLY COMPLETED A JUDICIAL DIVERSION PROGRAM  UNDER  ARTICLE  TWO
HUNDRED SIXTEEN OF THIS CHAPTER, OR ONE OF THE PROGRAMS HERETOFORE KNOWN
AS DRUG TREATMENT ALTERNATIVE TO PRISON OR ANOTHER JUDICIALLY SANCTIONED
DRUG  TREATMENT  PROGRAM  OF SIMILAR DURATION, REQUIREMENTS AND LEVEL OF
SUPERVISION, AND HAS COMPLETED THE SENTENCE IMPOSED FOR THE  OFFENSE  OR
OFFENSES,  IS  ELIGIBLE TO HAVE SUCH OFFENSE OR OFFENSES SEALED PURSUANT
TO THIS SECTION.
  2. THE COURT THAT SENTENCED THE DEFENDANT TO A  JUDICIALLY  SANCTIONED
DRUG  TREATMENT  PROGRAM  MAY  ON  ITS OWN MOTION, OR ON THE DEFENDANT'S
MOTION, ORDER THAT ALL OFFICIAL  RECORDS  AND  PAPERS  RELATING  TO  THE
ARREST,  PROSECUTION  AND  CONVICTION  WHICH RESULTED IN THE DEFENDANT'S
PARTICIPATION IN THE JUDICIALLY SANCTIONED  DRUG  TREATMENT  PROGRAM  BE
CONDITIONALLY  SEALED.    IN SUCH CASE, THE COURT MAY ALSO CONDITIONALLY
SEAL THE ARREST, PROSECUTION AND CONVICTION RECORDS  FOR  NO  MORE  THAN
THREE OF THE DEFENDANT'S PRIOR ELIGIBLE MISDEMEANORS, WHICH FOR PURPOSES
OF  THIS SUBDIVISION SHALL BE LIMITED TO MISDEMEANOR OFFENSES DEFINED IN
ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE  PENAL  LAW.
THE  COURT  MAY ONLY SEAL THE RECORDS OF THE DEFENDANT'S ARRESTS, PROSE-
CUTIONS AND CONVICTIONS WHEN:
  (A) THE SENTENCING COURT HAS REQUESTED AND RECEIVED FROM THE  DIVISION
OF  CRIMINAL  JUSTICE  SERVICES OR THE FEDERAL BUREAU OF INVESTIGATION A
FINGERPRINT BASED CRIMINAL HISTORY RECORD OF  THE  DEFENDANT,  INCLUDING
ANY  SEALED  OR SUPPRESSED INFORMATION. THE DIVISION OF CRIMINAL JUSTICE
SERVICES SHALL ALSO INCLUDE A CRIMINAL HISTORY REPORT, IF ANY, FROM  THE
FEDERAL  BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL HISTORY INFORMA-
TION THAT OCCURRED  IN  OTHER  JURISDICTIONS.  THE  DIVISION  IS  HEREBY
AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU OF INVES-
TIGATION  FOR  THIS  PURPOSE.  THE PARTIES SHALL BE PERMITTED TO EXAMINE
THESE RECORDS;
  (B) THE DEFENDANT OR COURT HAS IDENTIFIED THE  MISDEMEANOR  CONVICTION
OR CONVICTIONS FOR WHICH RELIEF MAY BE GRANTED;
  (C) THE COURT HAS RECEIVED DOCUMENTATION THAT THE SENTENCES IMPOSED ON
THE  ELIGIBLE MISDEMEANOR CONVICTIONS HAVE BEEN COMPLETED, OR IF NO SUCH
DOCUMENTATION IS  REASONABLY  AVAILABLE,  A  SWORN  AFFIDAVIT  THAT  THE
SENTENCES IMPOSED ON THE PRIOR MISDEMEANORS HAVE BEEN COMPLETED; AND
  (D)  THE COURT HAS NOTIFIED THE DISTRICT ATTORNEY OF EACH JURISDICTION
IN WHICH THE DEFENDANT HAS BEEN CONVICTED OF AN OFFENSE WITH RESPECT  TO
WHICH  SEALING  IS  SOUGHT,  AND  THE COURT OR COURTS OF RECORD FOR SUCH
OFFENSES, THAT THE COURT IS  CONSIDERING  SEALING  THE  RECORDS  OF  THE
DEFENDANT'S ELIGIBLE MISDEMEANOR CONVICTIONS. BOTH THE DISTRICT ATTORNEY
AND  THE  COURT SHALL BE GIVEN A REASONABLE OPPORTUNITY, WHICH SHALL NOT
BE LESS THAN THIRTY DAYS, IN WHICH TO COMMENT AND  SUBMIT  MATERIALS  TO
AID THE COURT IN MAKING SUCH A DETERMINATION.

S. 56--B                           116                         A. 156--B

  3. AT THE REQUEST OF THE DEFENDANT OR THE DISTRICT ATTORNEY OF A COUN-
TY  IN  WHICH THE DEFENDANT COMMITTED A CRIME THAT IS THE SUBJECT OF THE
SEALING APPLICATION, THE COURT MAY CONDUCT A  HEARING  TO  CONSIDER  AND
REVIEW  ANY RELEVANT EVIDENCE OFFERED BY EITHER PARTY THAT WOULD AID THE
COURT  IN  ITS  DECISION  WHETHER TO SEAL THE RECORDS OF THE DEFENDANT'S
ARRESTS, PROSECUTIONS AND CONVICTIONS. IN MAKING SUCH  A  DETERMINATION,
THE COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT NOT LIMITED
TO:  (I)  THE  CIRCUMSTANCES  AND SERIOUSNESS OF THE OFFENSE OR OFFENSES
THAT RESULTED IN THE CONVICTION OR CONVICTIONS; (II)  THE  CHARACTER  OF
THE  DEFENDANT,  INCLUDING HIS OR HER COMPLETION OF THE JUDICIALLY SANC-
TIONED TREATMENT  PROGRAM  AS  DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS
SECTION;  (III) THE DEFENDANT'S CRIMINAL HISTORY; AND (IV) THE IMPACT OF
SEALING THE DEFENDANT'S RECORDS UPON HIS OR HER REHABILITATION  AND  HIS
OR HER SUCCESSFUL AND PRODUCTIVE REENTRY AND REINTEGRATION INTO SOCIETY,
AND ON PUBLIC SAFETY.
  4.  WHEN A COURT ORDERS SEALING PURSUANT TO THIS SECTION, ALL OFFICIAL
RECORDS  AND  PAPERS  RELATING  TO  THE   ARRESTS,   PROSECUTIONS,   AND
CONVICTIONS,  INCLUDING  ALL DUPLICATES AND COPIES THEREOF, ON FILE WITH
THE DIVISION OF CRIMINAL JUSTICE SERVICES OR ANY COURT SHALL  BE  SEALED
AND  NOT  MADE  AVAILABLE  TO  ANY  PERSON  OR PUBLIC OR PRIVATE AGENCY;
PROVIDED, HOWEVER, THE DIVISION SHALL  RETAIN  ANY  FINGERPRINTS,  PALM-
PRINTS AND PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME.
  5.  WHEN  THE COURT ORDERS SEALING PURSUANT TO THIS SECTION, THE CLERK
OF SUCH COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE  DIVISION
OF CRIMINAL JUSTICE SERVICES, AND ANY COURT THAT SENTENCED THE DEFENDANT
FOR  AN  OFFENSE  WHICH  HAS  BEEN  CONDITIONALLY  SEALED, REGARDING THE
RECORDS THAT SHALL BE SEALED PURSUANT TO THIS SECTION.
  6. RECORDS SEALED PURSUANT TO THIS SUBDIVISION SHALL BE MADE AVAILABLE
TO:
  (A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;
  (B) QUALIFIED AGENCIES, AS DEFINED  IN  SUBDIVISION  NINE  OF  SECTION
EIGHT  HUNDRED  THIRTY-FIVE  OF THE EXECUTIVE LAW, AND FEDERAL AND STATE
LAW ENFORCEMENT AGENCIES, WHEN ACTING WITHIN  THE  SCOPE  OF  THEIR  LAW
ENFORCEMENT DUTIES; OR
  (C)  ANY  STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE  APPLICA-
TION FOR SUCH A LICENSE; OR
  (D)  ANY  PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR  OF
SECTION  1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOY-
MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
PERSON WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER  OR  PEACE
OFFICER  SHALL  BE  FURNISHED  WITH A COPY OF ALL RECORDS OBTAINED UNDER
THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
TO.
  7. THE COURT SHALL NOT SEAL THE DEFENDANT'S RECORD  PURSUANT  TO  THIS
SECTION WHILE ANY CHARGED OFFENSE IS PENDING.
  8.  IF, SUBSEQUENT TO THE SEALING OF RECORDS PURSUANT TO THIS SUBDIVI-
SION, THE PERSON WHO IS THE SUBJECT OF SUCH RECORDS IS ARRESTED  FOR  OR
FORMALLY  CHARGED  WITH  ANY MISDEMEANOR OR FELONY OFFENSE, SUCH RECORDS
SHALL BE UNSEALED IMMEDIATELY AND REMAIN  UNSEALED;  PROVIDED,  HOWEVER,
THAT  IF  SUCH NEW MISDEMEANOR OR FELONY ARREST RESULTS IN A TERMINATION
IN FAVOR OF THE ACCUSED AS  DEFINED  IN  SUBDIVISION  THREE  OF  SECTION
160.50  OF  THIS  ARTICLE OR BY CONVICTION FOR A NON CRIMINAL OFFENSE AS
DESCRIBED IN SECTION 160.55 OF THIS ARTICLE, SUCH UNSEALED RECORDS SHALL
BE CONDITIONALLY SEALED PURSUANT TO THIS SECTION.

S. 56--B                           117                         A. 156--B

  S 4. The criminal procedure law is amended by adding a new article 216
to read as follows:
                               ARTICLE 216
              JUDICIAL DIVERSION PROGRAM FOR CERTAIN FELONY
                                OFFENDERS
SECTION 216.00 DEFINITIONS.
        216.05 JUDICIAL DIVERSION PROGRAM; COURT PROCEDURES.
S 216.00 DEFINITIONS.
  THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
  1.  "ELIGIBLE  DEFENDANT"  MEANS  ANY  PERSON WHO STANDS CHARGED IN AN
INDICTMENT OR A SUPERIOR COURT INFORMATION WITH A CLASS B,  C,  D  OR  E
FELONY  OFFENSE  DEFINED  IN  ARTICLE  TWO HUNDRED TWENTY OR TWO HUNDRED
TWENTY-ONE OF THE PENAL LAW OR ANY OTHER SPECIFIED OFFENSE AS DEFINED IN
SUBDIVISION FOUR OF SECTION 410.91 OF THIS CHAPTER, PROVIDED, HOWEVER, A
DEFENDANT IS NOT AN "ELIGIBLE DEFENDANT" IF HE OR SHE:
  (A) WITHIN THE PRECEDING TEN YEARS, EXCLUDING ANY  TIME  DURING  WHICH
THE OFFENDER WAS INCARCERATED FOR ANY REASON BETWEEN THE TIME OF COMMIS-
SION  OF  THE  PREVIOUS FELONY AND THE TIME OF COMMISSION OF THE PRESENT
FELONY, HAS PREVIOUSLY BEEN CONVICTED OF: (I) A VIOLENT  FELONY  OFFENSE
AS  DEFINED  IN SECTION 70.02 OF THE PENAL LAW OR (II) ANY OTHER OFFENSE
FOR WHICH A MERIT TIME ALLOWANCE IS NOT AVAILABLE PURSUANT  TO  SUBPARA-
GRAPH  (II) OF PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED
THREE OF THE CORRECTION LAW, OR (III) A CLASS A FELONY  OFFENSE  DEFINED
IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW; OR
  (B)  HAS  PREVIOUSLY BEEN ADJUDICATED A SECOND VIOLENT FELONY OFFENDER
PURSUANT TO SECTION 70.04 OF THE PENAL LAW OR A PERSISTENT VIOLENT FELO-
NY OFFENDER PURSUANT TO SECTION 70.08 OF THE PENAL LAW.
  A DEFENDANT WHO ALSO STANDS CHARGED WITH A VIOLENT FELONY  OFFENSE  AS
DEFINED  IN SECTION 70.02 OF THE PENAL LAW OR AN OFFENSE FOR WHICH MERIT
TIME ALLOWANCE IS NOT AVAILABLE PURSUANT TO SUBPARAGRAPH (II)  OF  PARA-
GRAPH  (D)  OF  SUBDIVISION  ONE  OF  SECTION EIGHT HUNDRED THREE OF THE
CORRECTION LAW FOR WHICH THE COURT MUST, UPON THE DEFENDANT'S CONVICTION
THEREOF, SENTENCE THE DEFENDANT TO INCARCERATION IN STATE PRISON IS  NOT
AN  ELIGIBLE  DEFENDANT WHILE SUCH CHARGES ARE PENDING.  A DEFENDANT WHO
IS EXCLUDED FROM THE JUDICIAL DIVERSION PROGRAM PURSUANT TO  THIS  PARA-
GRAPH OR PARAGRAPH (A) OR (B) OF THIS SUBDIVISION MAY BECOME AN ELIGIBLE
DEFENDANT UPON THE PROSECUTOR'S CONSENT.
  2. "ALCOHOL AND SUBSTANCE ABUSE EVALUATION" MEANS A WRITTEN ASSESSMENT
AND  REPORT  BY  A COURT-APPROVED ENTITY OR LICENSED HEALTH CARE PROFES-
SIONAL EXPERIENCED IN THE TREATMENT OF ALCOHOL AND SUBSTANCE  ABUSE,  OR
BY AN ADDICTION AND SUBSTANCE ABUSE COUNSELOR CREDENTIALED BY THE OFFICE
OF  ALCOHOLISM AND SUBSTANCE ABUSE SERVICES PURSUANT TO SECTION 19.07 OF
THE MENTAL HYGIENE LAW, WHICH SHALL INCLUDE:
  (A) AN EVALUATION AS TO WHETHER THE DEFENDANT HAS A HISTORY OF ALCOHOL
OR SUBSTANCE ABUSE OR ALCOHOL OR SUBSTANCE DEPENDENCE, AS SUCH TERMS ARE
DEFINED IN THE DIAGNOSTIC AND STATISTICAL MANUAL  OF  MENTAL  DISORDERS,
FOURTH EDITION, AND A CO-OCCURRING MENTAL DISORDER OR MENTAL ILLNESS AND
THE RELATIONSHIP BETWEEN SUCH ABUSE OR DEPENDENCE AND MENTAL DISORDER OR
MENTAL ILLNESS, IF ANY;
  (B)  A  RECOMMENDATION  AS  TO  WHETHER  THE  DEFENDANT'S  ALCOHOL  OR
SUBSTANCE ABUSE OR DEPENDENCE, IF ANY, COULD BE EFFECTIVELY ADDRESSED BY
JUDICIAL DIVERSION IN ACCORDANCE WITH THIS ARTICLE;
  (C) A RECOMMENDATION AS TO THE TREATMENT MODALITY, LEVEL OF  CARE  AND
LENGTH  OF ANY PROPOSED TREATMENT TO EFFECTIVELY ADDRESS THE DEFENDANT'S
ALCOHOL OR SUBSTANCE ABUSE OR DEPENDENCE  AND  ANY  CO-OCCURRING  MENTAL
DISORDER OR ILLNESS; AND

S. 56--B                           118                         A. 156--B

  (D)  ANY  OTHER  INFORMATION,  FACTOR, CIRCUMSTANCE, OR RECOMMENDATION
DEEMED RELEVANT BY THE ASSESSING ENTITY OR SPECIFICALLY REQUESTED BY THE
COURT.
S 216.05 JUDICIAL DIVERSION PROGRAM; COURT PROCEDURES.
  1.  AT  ANY  TIME  AFTER THE ARRAIGNMENT OF AN ELIGIBLE DEFENDANT, BUT
PRIOR TO THE ENTRY OF A PLEA OF GUILTY OR THE COMMENCEMENT OF TRIAL, THE
COURT AT THE REQUEST OF THE ELIGIBLE DEFENDANT, MAY ORDER AN ALCOHOL AND
SUBSTANCE ABUSE EVALUATION. AN ELIGIBLE DEFENDANT MAY DECLINE TO PARTIC-
IPATE IN SUCH AN EVALUATION AT ANY TIME.  THE DEFENDANT SHALL PROVIDE  A
WRITTEN AUTHORIZATION, IN COMPLIANCE WITH THE REQUIREMENTS OF ANY APPLI-
CABLE STATE OR FEDERAL LAWS, RULES OR REGULATIONS AUTHORIZING DISCLOSURE
OF THE RESULTS OF THE ASSESSMENT TO THE DEFENDANT'S ATTORNEY, THE PROSE-
CUTOR,  THE  LOCAL  PROBATION  DEPARTMENT,  THE  COURT, AUTHORIZED COURT
PERSONNEL AND OTHER INDIVIDUALS SPECIFIED IN SUCH AUTHORIZATION FOR  THE
SOLE  PURPOSE  OF  DETERMINING  WHETHER  THE DEFENDANT SHOULD BE OFFERED
JUDICIAL DIVERSION FOR TREATMENT  FOR  SUBSTANCE  ABUSE  OR  DEPENDENCE,
ALCOHOL  ABUSE  OR  DEPENDENCE  AND  ANY CO-OCCURRING MENTAL DISORDER OR
MENTAL ILLNESS.
  2. UPON RECEIPT OF THE COMPLETED ALCOHOL AND  SUBSTANCE  ABUSE  EVALU-
ATION REPORT, THE COURT SHALL PROVIDE A COPY OF THE REPORT TO THE ELIGI-
BLE DEFENDANT AND THE PROSECUTOR.
  3.  (A) UPON RECEIPT OF THE EVALUATION REPORT EITHER PARTY MAY REQUEST
A HEARING ON THE ISSUE OF  WHETHER  THE  ELIGIBLE  DEFENDANT  SHOULD  BE
OFFERED  ALCOHOL  OR SUBSTANCE ABUSE TREATMENT PURSUANT TO THIS ARTICLE.
AT SUCH A PROCEEDING, WHICH SHALL BE HELD AS SOON AS PRACTICABLE  SO  AS
TO  FACILITATE  EARLY  INTERVENTION  IN  THE EVENT THAT THE DEFENDANT IS
FOUND TO NEED ALCOHOL  OR  SUBSTANCE  ABUSE  TREATMENT,  THE  COURT  MAY
CONSIDER  ORAL  AND WRITTEN ARGUMENTS, MAY TAKE TESTIMONY FROM WITNESSES
OFFERED BY EITHER PARTY, AND MAY CONSIDER ANY RELEVANT EVIDENCE  INCLUD-
ING, BUT NOT LIMITED TO, EVIDENCE THAT:
  (I)  THE  DEFENDANT  HAD WITHIN THE PRECEDING TEN YEARS (EXCLUDING ANY
TIME DURING WHICH THE OFFENDER WAS INCARCERATED FOR  ANY REASON  BETWEEN
THE  TIME OF THE ACTS THAT LED TO THE YOUTHFUL OFFENDER ADJUDICATION AND
THE TIME OF COMMISSION OF THE PRESENT OFFENSE) BEEN ADJUDICATED A YOUTH-
FUL OFFENDER FOR: (A) A VIOLENT FELONY OFFENSE  AS  DEFINED  IN  SECTION
70.02 OF THE PENAL LAW; OR (B) ANY OFFENSE FOR WHICH A MERIT TIME ALLOW-
ANCE  IS NOT AVAILABLE PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (D) OF
SUBDIVISION ONE OF SECTION EIGHT HUNDRED THREE OF  THE  CORRECTION  LAW;
AND
  (II)  IN  THE  CASE OF A FELONY OFFENSE DEFINED IN SUBDIVISION FOUR OF
SECTION 410.91 OF THIS CHAPTER, ANY STATEMENT OF  OR  SUBMITTED  BY  THE
VICTIM, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION 380.50
OF THIS CHAPTER.
  (B) UPON COMPLETION OF SUCH A PROCEEDING, THE COURT SHALL CONSIDER AND
MAKE FINDINGS OF FACT WITH RESPECT TO WHETHER:
  (I)  THE  DEFENDANT IS AN ELIGIBLE DEFENDANT AS DEFINED IN SUBDIVISION
ONE OF SECTION 216.00 OF THIS ARTICLE;
  (II) THE DEFENDANT HAS A HISTORY OF  ALCOHOL  OR  SUBSTANCE  ABUSE  OR
DEPENDENCE;
  (III)  SUCH ALCOHOL OR SUBSTANCE ABUSE OR DEPENDENCE IS A CONTRIBUTING
FACTOR TO THE DEFENDANT'S CRIMINAL BEHAVIOR;
  (IV) THE DEFENDANT'S PARTICIPATION IN JUDICIAL DIVERSION COULD  EFFEC-
TIVELY ADDRESS SUCH ABUSE OR DEPENDENCE; AND
  (V) INSTITUTIONAL CONFINEMENT OF THE DEFENDANT IS OR MAY NOT BE NECES-
SARY FOR THE PROTECTION OF THE PUBLIC.

S. 56--B                           119                         A. 156--B

  4.  WHEN  AN AUTHORIZED COURT DETERMINES, PURSUANT TO PARAGRAPH (B) OF
SUBDIVISION THREE OF THIS SECTION, THAT AN ELIGIBLE DEFENDANT SHOULD  BE
OFFERED  ALCOHOL  OR  SUBSTANCE ABUSE TREATMENT, OR WHEN THE PARTIES AND
THE COURT AGREE TO AN ELIGIBLE DEFENDANT'S PARTICIPATION IN  ALCOHOL  OR
SUBSTANCE  ABUSE  TREATMENT,  AN  ELIGIBLE  DEFENDANT  MAY BE ALLOWED TO
PARTICIPATE IN THE JUDICIAL DIVERSION PROGRAM OFFERED BY  THIS  ARTICLE.
PRIOR  TO  THE COURT'S ISSUING AN ORDER GRANTING JUDICIAL DIVERSION, THE
ELIGIBLE DEFENDANT SHALL BE REQUIRED TO ENTER A PLEA OF  GUILTY  TO  THE
CHARGE  OR CHARGES; PROVIDED, HOWEVER, THAT NO SUCH GUILTY PLEA SHALL BE
REQUIRED WHEN:
  (A) THE PEOPLE AND THE COURT CONSENT TO THE ENTRY  OF  SUCH  AN  ORDER
WITHOUT A PLEA OF GUILTY; OR
  (B)  BASED ON A FINDING OF EXCEPTIONAL CIRCUMSTANCES, THE COURT DETER-
MINES THAT A PLEA OF GUILTY SHALL NOT BE REQUIRED. FOR PURPOSES OF  THIS
SUBDIVISION,  EXCEPTIONAL  CIRCUMSTANCES  EXIST  WHEN, REGARDLESS OF THE
ULTIMATE DISPOSITION OF THE CASE, THE ENTRY OF A PLEA OF GUILTY IS LIKE-
LY TO RESULT IN SEVERE COLLATERAL CONSEQUENCES.
  5. THE DEFENDANT SHALL AGREE ON THE RECORD OR IN WRITING TO  ABIDE  BY
THE  RELEASE  CONDITIONS SET BY THE COURT, WHICH, SHALL INCLUDE: PARTIC-
IPATION IN A SPECIFIED PERIOD OF ALCOHOL OR SUBSTANCE ABUSE TREATMENT AT
A SPECIFIED PROGRAM OR PROGRAMS  IDENTIFIED  BY  THE  COURT,  WHICH  MAY
INCLUDE  PERIODS OF DETOXIFICATION, RESIDENTIAL OR OUTPATIENT TREATMENT,
OR BOTH, AS DETERMINED AFTER TAKING INTO ACCOUNT THE VIEWS OF THE HEALTH
CARE PROFESSIONAL WHO CONDUCTED THE ALCOHOL AND SUBSTANCE  ABUSE  EVALU-
ATION  AND  ANY HEALTH CARE PROFESSIONALS RESPONSIBLE FOR PROVIDING SUCH
TREATMENT OR MONITORING THE DEFENDANT'S PROGRESS IN SUCH TREATMENT;  AND
MAY INCLUDE:  (I) PERIODIC COURT APPEARANCES, WHICH MAY INCLUDE PERIODIC
URINALYSIS;  (II) A REQUIREMENT THAT THE DEFENDANT REFRAIN FROM ENGAGING
IN CRIMINAL BEHAVIORS.
  6. UPON AN ELIGIBLE DEFENDANT'S AGREEMENT TO ABIDE BY  THE  CONDITIONS
SET  BY  THE COURT, THE COURT SHALL ISSUE A SECURING ORDER PROVIDING FOR
BAIL OR RELEASE ON THE DEFENDANT'S OWN RECOGNIZANCE AND CONDITIONING ANY
RELEASE UPON THE AGREED  UPON  CONDITIONS.  THE  PERIOD  OF  ALCOHOL  OR
SUBSTANCE  ABUSE  TREATMENT SHALL BEGIN AS SPECIFIED BY THE COURT AND AS
SOON AS PRACTICABLE AFTER THE DEFENDANT'S RELEASE, TAKING  INTO  ACCOUNT
THE  AVAILABILITY  OF  TREATMENT, SO AS TO FACILITATE EARLY INTERVENTION
WITH RESPECT TO THE DEFENDANT'S ABUSE OR CONDITION AND THE EFFECTIVENESS
OF THE TREATMENT PROGRAM.  IN THE EVENT THAT A TREATMENT PROGRAM IS  NOT
IMMEDIATELY  AVAILABLE  OR  BECOMES UNAVAILABLE DURING THE COURSE OF THE
DEFENDANT'S PARTICIPATION IN THE JUDICIAL DIVERSION PROGRAM,  THE  COURT
MAY RELEASE THE DEFENDANT PURSUANT TO THE SECURING ORDER.
  7. WHEN PARTICIPATING IN JUDICIAL DIVERSION TREATMENT PURSUANT TO THIS
ARTICLE,  ANY  RESIDENT  OF  THIS  STATE  WHO IS COVERED UNDER A PRIVATE
HEALTH INSURANCE POLICY OR CONTRACT ISSUED FOR DELIVERY  IN  THIS  STATE
PURSUANT TO ARTICLE THIRTY-TWO, FORTY-THREE OR FORTY-SEVEN OF THE INSUR-
ANCE  LAW  OR  ARTICLE  FORTY-FOUR  OF  THE PUBLIC HEALTH LAW, OR WHO IS
COVERED BY A SELF-FUNDED PLAN WHICH PROVIDES COVERAGE FOR THE  DIAGNOSIS
AND  TREATMENT OF CHEMICAL ABUSE AND CHEMICAL DEPENDENCE HOWEVER DEFINED
IN SUCH  POLICY; SHALL FIRST SEEK REIMBURSEMENT FOR  SUCH  TREATMENT  IN
ACCORDANCE WITH THE PROVISIONS OF SUCH POLICY OR CONTRACT.
  8.  DURING  THE  PERIOD OF A DEFENDANT'S PARTICIPATION IN THE JUDICIAL
DIVERSION PROGRAM, THE COURT SHALL RETAIN JURISDICTION OF THE DEFENDANT.
THE COURT MAY REQUIRE THE DEFENDANT TO APPEAR IN COURT AT  ANY  TIME  TO
ENABLE  THE  COURT  TO  MONITOR  THE  DEFENDANT'S PROGRESS IN ALCOHOL OR
SUBSTANCE ABUSE TREATMENT.  THE COURT SHALL PROVIDE  NOTICE,  REASONABLE
UNDER  THE  CIRCUMSTANCES,  TO  THE  PEOPLE, THE TREATMENT PROVIDER, THE

S. 56--B                           120                         A. 156--B

DEFENDANT AND THE DEFENDANT'S COUNSEL WHENEVER IT  ORDERS  OR  OTHERWISE
REQUIRES THE APPEARANCE OF THE DEFENDANT IN COURT.  FAILURE TO APPEAR AS
REQUIRED  WITHOUT REASONABLE CAUSE THEREFOR SHALL CONSTITUTE A VIOLATION
OF THE CONDITIONS OF THE COURT'S AGREEMENT WITH THE DEFENDANT.
  9.  (A)  IF  AT  ANY  TIME DURING THE DEFENDANT'S PARTICIPATION IN THE
JUDICIAL DIVERSION PROGRAM, THE COURT HAS REASONABLE GROUNDS TO  BELIEVE
THAT  THE  DEFENDANT  HAS  VIOLATED A RELEASE CONDITION OR HAS FAILED TO
APPEAR BEFORE THE COURT AS REQUESTED, THE COURT SHALL DIRECT THE DEFEND-
ANT TO APPEAR OR ISSUE A BENCH WARRANT TO A POLICE OFFICER OR AN  APPRO-
PRIATE  PEACE  OFFICER  DIRECTING  HIM OR HER TO TAKE THE DEFENDANT INTO
CUSTODY AND BRING THE DEFENDANT BEFORE  THE  COURT  WITHOUT  UNNECESSARY
DELAY. THE PROVISIONS OF SUBDIVISION ONE OF SECTION 530.60 OF THIS CHAP-
TER  RELATING  TO REVOCATION OF RECOGNIZANCE OR BAIL SHALL APPLY TO SUCH
PROCEEDINGS UNDER THIS SUBDIVISION.
  (B) IN DETERMINING WHETHER A DEFENDANT VIOLATED A CONDITION OF HIS  OR
HER  RELEASE UNDER THE JUDICIAL DIVERSION PROGRAM, THE COURT MAY CONDUCT
A SUMMARY HEARING CONSISTENT WITH DUE PROCESS AND SUFFICIENT TO  SATISFY
THE COURT THAT THE DEFENDANT HAS, IN FACT, VIOLATED THE CONDITION.
  (C)  IF  THE COURT DETERMINES THAT THE DEFENDANT HAS VIOLATED A CONDI-
TION OF HIS OR HER RELEASE UNDER THE  JUDICIAL  DIVERSION  PROGRAM,  THE
COURT  MAY MODIFY THE CONDITIONS THEREOF, RECONSIDER THE ORDER OF RECOG-
NIZANCE OR BAIL PURSUANT TO SUBDIVISION TWO OF SECTION  510.30  OF  THIS
CHAPTER,  OR  TERMINATE  THE  DEFENDANT'S  PARTICIPATION IN THE JUDICIAL
DIVERSION PROGRAM; AND WHEN  APPLICABLE  PROCEED  WITH  THE  DEFENDANT'S
SENTENCING  IN  ACCORDANCE  WITH  THE  AGREEMENT.    NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, THE  COURT  MAY  IMPOSE  ANY  SENTENCE
AUTHORIZED  FOR  THE  CRIME  OF  CONVICTION  IN ACCORDANCE WITH THE PLEA
AGREEMENT, OR ANY LESSER SENTENCE AUTHORIZED TO BE IMPOSED ON  A  FELONY
DRUG  OFFENDER  PURSUANT  TO  PARAGRAPH (B) OR (C) OF SUBDIVISION TWO OF
SECTION 70.70 OF THE PENAL LAW TAKING INTO ACCOUNT THE  LENGTH  OF  TIME
THE  DEFENDANT  SPENT  IN RESIDENTIAL TREATMENT AND HOW BEST TO CONTINUE
TREATMENT WHILE THE DEFENDANT IS SERVING THAT SENTENCE.  IN  DETERMINING
WHAT  ACTION  TO  TAKE FOR A VIOLATION OF A RELEASE CONDITION, THE COURT
SHALL CONSIDER ALL RELEVANT CIRCUMSTANCES, INCLUDING THE  VIEWS  OF  THE
PROSECUTOR,  THE  DEFENSE  AND  THE ALCOHOL OR SUBSTANCE ABUSE TREATMENT
PROVIDER, AND THE EXTENT TO WHICH PERSONS  WHO  ULTIMATELY  SUCCESSFULLY
COMPLETE  A  DRUG  TREATMENT REGIMEN SOMETIMES RELAPSE BY NOT ABSTAINING
FROM ALCOHOL OR SUBSTANCE ABUSE OR BY FAILING TO COMPLY FULLY  WITH  ALL
REQUIREMENTS  IMPOSED  BY  A  TREATMENT  PROGRAM.  THE  COURT SHALL ALSO
CONSIDER USING A SYSTEM OF GRADUATED AND APPROPRIATE RESPONSES OR  SANC-
TIONS  DESIGNED  TO ADDRESS SUCH INAPPROPRIATE BEHAVIORS, PROTECT PUBLIC
SAFETY AND FACILITATE, WHERE  POSSIBLE,  SUCCESSFUL  COMPLETION  OF  THE
ALCOHOL OR SUBSTANCE ABUSE TREATMENT PROGRAM.
  (D)  NOTHING  IN  THIS  SUBDIVISION SHALL BE CONSTRUED AS PREVENTING A
COURT FROM TERMINATING  A  DEFENDANT'S  PARTICIPATION  IN  THE  JUDICIAL
DIVERSION  PROGRAM  FOR VIOLATING A RELEASE CONDITION WHEN SUCH A TERMI-
NATION IS NECESSARY TO PRESERVE PUBLIC SAFETY.  NOR  SHALL  ANYTHING  IN
THIS SUBDIVISION BE CONSTRUED AS PRECLUDING THE PROSECUTION OF A DEFEND-
ANT FOR THE COMMISSION OF A DIFFERENT OFFENSE WHILE PARTICIPATING IN THE
JUDICIAL DIVERSION PROGRAM.
  (E) A DEFENDANT MAY AT ANY TIME ADVISE THE COURT THAT HE OR SHE WISHES
TO  TERMINATE  PARTICIPATION IN THE JUDICIAL DIVERSION PROGRAM, AT WHICH
TIME THE COURT SHALL PROCEED WITH THE CASE AND, WHERE APPLICABLE,  SHALL
IMPOSE  SENTENCE IN ACCORDANCE WITH THE PLEA AGREEMENT.  NOTWITHSTANDING
ANY PROVISION OF LAW TO THE CONTRARY, THE COURT MAY IMPOSE ANY  SENTENCE
AUTHORIZED  FOR  THE  CRIME  OF  CONVICTION  IN ACCORDANCE WITH THE PLEA

S. 56--B                           121                         A. 156--B

AGREEMENT, OR ANY LESSER SENTENCE AUTHORIZED TO BE IMPOSED ON  A  FELONY
DRUG  OFFENDER  PURSUANT  TO  PARAGRAPH (B) OR (C) OF SUBDIVISION TWO OF
SECTION 70.70 OF THE PENAL LAW TAKING INTO ACCOUNT THE  LENGTH  OF  TIME
THE  DEFENDANT  SPENT  IN RESIDENTIAL TREATMENT AND HOW BEST TO CONTINUE
TREATMENT WHILE THE DEFENDANT IS SERVING THAT SENTENCE.
  10. UPON THE COURT'S DETERMINATION THAT THE DEFENDANT HAS SUCCESSFULLY
COMPLETED THE REQUIRED PERIOD OF ALCOHOL OR  SUBSTANCE  ABUSE  TREATMENT
AND  HAS  OTHERWISE  SATISFIED  THE  CONDITIONS  REQUIRED FOR SUCCESSFUL
COMPLETION OF THE JUDICIAL DIVERSION PROGRAM,  THE  COURT  SHALL  COMPLY
WITH  THE  TERMS  AND  CONDITIONS  IT  SET FOR FINAL DISPOSITION WHEN IT
ACCEPTED THE DEFENDANT'S AGREEMENT TO PARTICIPATE IN THE JUDICIAL DIVER-
SION PROGRAM.  SUCH DISPOSITION MAY INCLUDE, BUT IS NOT LIMITED TO:  (A)
REQUIRING  THE DEFENDANT TO UNDERGO A PERIOD OF INTERIM PROBATION SUPER-
VISION AND, UPON THE DEFENDANT'S SUCCESSFUL COMPLETION  OF  THE  INTERIM
PROBATION  SUPERVISION  TERM, NOTWITHSTANDING THE PROVISION OF ANY OTHER
LAW, PERMITTING THE DEFENDANT TO WITHDRAW HIS OR  HER  GUILTY  PLEA  AND
DISMISSING  THE  INDICTMENT; OR (B) REQUIRING THE DEFENDANT TO UNDERGO A
PERIOD OF INTERIM PROBATION SUPERVISION AND, UPON SUCCESSFUL  COMPLETION
OF THE INTERIM PROBATION SUPERVISION TERM, NOTWITHSTANDING THE PROVISION
OF ANY OTHER LAW, PERMITTING THE DEFENDANT TO WITHDRAW HIS OR HER GUILTY
PLEA,  ENTER  A  GUILTY PLEA TO A MISDEMEANOR OFFENSE AND SENTENCING THE
DEFENDANT AS PROMISED IN THE PLEA AGREEMENT, WHICH MAY INCLUDE A  PERIOD
OF  PROBATION SUPERVISION PURSUANT TO SECTION 65.00 OF THE PENAL LAW; OR
(C) ALLOWING THE DEFENDANT TO  WITHDRAW  HIS  OR  HER  GUILTY  PLEA  AND
DISMISSING THE INDICTMENT.
  11.  NOTHING  IN  THIS  ARTICLE  SHALL  BE CONSTRUED AS RESTRICTING OR
PROHIBITING COURTS OR DISTRICT ATTORNEYS FROM USING OTHER LAWFUL  PROCE-
DURES  OR  MODELS  FOR  PLACING  APPROPRIATE  PERSONS  INTO  ALCOHOL  OR
SUBSTANCE ABUSE TREATMENT.
  S 5. Subdivision 6 of section 390.30 of the criminal procedure law, as
amended by chapter 216 of the laws  of  1999,  is  amended  to  read  as
follows:
  6.  Interim  probation supervision. In any case where the court deter-
mines that a defendant is eligible for  a  sentence  of  probation,  the
court,  after  consultation  with the prosecutor and upon the consent of
the defendant, may adjourn the sentencing to a specified date and  order
that  the  defendant  be  placed on interim probation supervision. In no
event may the sentencing be adjourned for a period  exceeding  one  year
from  the  date  the  conviction is entered, EXCEPT THAT UPON GOOD CAUSE
SHOWN, THE COURT MAY, UPON THE DEFENDANT'S CONSENT,  EXTEND  THE  PERIOD
FOR  AN  ADDITIONAL  ONE  YEAR  WHERE THE DEFENDANT HAS AGREED TO AND IS
STILL PARTICIPATING IN A SUBSTANCE ABUSE TREATMENT PROGRAM IN CONNECTION
WITH A COURT DESIGNATED A DRUG COURT BY THE CHIEF ADMINISTRATOR  OF  THE
COURTS.  When ordering that the defendant be placed on interim probation
supervision,  the  court  shall impose all of the conditions relating to
supervision specified in subdivision three of section 65.10 of the penal
law and may impose any or all of the conditions relating to conduct  and
rehabilitation  specified  in subdivisions two, four and five of section
65.10 of such law; provided, however, that the defendant must receive  a
written  copy  of any such conditions at the time he or she is placed on
interim probation supervision. The defendant's record of compliance with
such conditions, as well as any other  relevant  information,  shall  be
included  in  the  presentence  report,  or  updated presentence report,
prepared pursuant to this section, and  the  court  must  consider  such
record and information when pronouncing sentence.

S. 56--B                           122                         A. 156--B

  S 6. Subdivision 2 of section 410.91 of the criminal procedure law, as
added by chapter 3 of the laws of 1995, is amended to read as follows:
  2.  A  defendant is an "eligible defendant" for purposes of a sentence
of parole supervision when such defendant is a [second] felony  offender
convicted  of  a specified offense or offenses as defined in subdivision
five of this section, who stands convicted of no other  felony  offense,
who has not previously been convicted of either a violent felony offense
as  defined  in section 70.02 of the penal law, a class A felony offense
or a class B felony offense OTHER THAN A CLASS B FELONY OFFENSE  DEFINED
IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW, and is not subject to an
undischarged term of imprisonment.
  S  7. Subdivision 4 of section 410.91 of the criminal procedure law is
REPEALED.
  S 8. Subdivision 5 of section 410.91 of the criminal procedure law, as
added by chapter 3 of the laws of 1995, is amended to read as follows:
  5. For the purposes of this  section,  a  "specified  offense"  is  an
offense  defined  by  any  of the following provisions of the penal law:
BURGLARY IN THE THIRD DEGREE AS  DEFINED  IN  SECTION  140.20,  criminal
mischief  in  the  third  degree  as defined in section 145.05, criminal
mischief in the second degree as defined in section 145.10, grand larce-
ny in the fourth degree as defined in subdivision one, two, three, four,
five, six, eight, nine or ten of section 155.30, grand  larceny  in  the
third  degree  as  defined  in section 155.35 (except where the property
consists of one or more firearms, rifles or shotguns), unauthorized  use
of a vehicle in the second degree as defined in section 165.06, criminal
possession  of stolen property in the fourth degree as defined in subdi-
vision one,  two,  three,  five  or  six  of  section  165.45,  criminal
possession  of stolen property in the third degree as defined in section
165.50 (except where the property consists  of  one  or  more  firearms,
rifles  or shotguns), forgery in the second degree as defined in section
170.10, criminal possession of a forged instrument in the second  degree
as defined in section 170.25, unlawfully using slugs in the first degree
as  defined in section 170.60, or an attempt to commit any of the afore-
mentioned offenses if such attempt constitutes a felony  offense;  or  A
CLASS  B  FELONY  OFFENSE  DEFINED IN ARTICLE TWO HUNDRED TWENTY WHERE A
SENTENCE IS IMPOSED PURSUANT TO PARAGRAPH  (A)  OF  SUBDIVISION  TWO  OF
SECTION  70.70  OF  THE  PENAL  LAW;  OR any class C, CLASS D or class E
controlled substance or marihuana felony offense as defined  in  article
two hundred twenty or two hundred twenty-one.
  S  9.  The  criminal  procedure law is amended by adding a new section
440.46 to read as follows:
S 440.46 MOTION FOR RESENTENCE; CERTAIN CONTROLLED SUBSTANCE OFFENDERS.
  1. ANY PERSON  IN  THE  CUSTODY  OF  THE  DEPARTMENT  OF  CORRECTIONAL
SERVICES  CONVICTED  OF  A CLASS B FELONY OFFENSE DEFINED IN ARTICLE TWO
HUNDRED TWENTY OF THE PENAL LAW WHICH WAS  COMMITTED  PRIOR  TO  JANUARY
THIRTEENTH,  TWO THOUSAND FIVE, WHO IS SERVING AN INDETERMINATE SENTENCE
WITH A MAXIMUM TERM OF MORE THAN THREE YEARS, MAY, EXCEPT AS PROVIDED IN
SUBDIVISION FIVE  OF  THIS  SECTION,  UPON  NOTICE  TO  THE  APPROPRIATE
DISTRICT  ATTORNEY, APPLY TO BE RESENTENCED TO A DETERMINATE SENTENCE IN
ACCORDANCE WITH SECTIONS 60.04 AND 70.70 OF THE PENAL LAW IN  THE  COURT
WHICH IMPOSED THE SENTENCE.
  2.  AS PART OF ANY SUCH APPLICATION, THE DEFENDANT MAY ALSO MOVE TO BE
RESENTENCED TO A DETERMINATE SENTENCE IN ACCORDANCE WITH  SECTION  70.70
OF  THE  PENAL  LAW FOR ANY ONE OR MORE CLASS C, D, OR E FELONY OFFENSES
DEFINED IN ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE  OF  THE
PENAL  LAW,  THE  SENTENCE  OR  SENTENCES  FOR WHICH WERE IMPOSED BY THE

S. 56--B                           123                         A. 156--B

SENTENCING COURT AT THE SAME TIME OR WERE INCLUDED IN THE SAME ORDER  OF
COMMITMENT AS SUCH CLASS B FELONY.
  3.  THE  PROVISIONS  OF  SECTION TWENTY-THREE OF CHAPTER SEVEN HUNDRED
THIRTY-EIGHT  OF  THE  LAWS  OF  TWO  THOUSAND  FOUR  SHALL  GOVERN  THE
PROCEEDINGS  ON  AND  DETERMINATION OF A MOTION BROUGHT PURSUANT TO THIS
SECTION; PROVIDED, HOWEVER THAT THE COURT'S CONSIDERATION OF THE  INSTI-
TUTIONAL  RECORD  OF CONFINEMENT OF SUCH PERSON SHALL INCLUDE BUT NOT BE
LIMITED TO SUCH PERSON'S PARTICIPATION IN OR WILLINGNESS TO  PARTICIPATE
IN  TREATMENT  OR OTHER PROGRAMMING WHILE INCARCERATED AND SUCH PERSON'S
DISCIPLINARY HISTORY. THE FACT THAT A PERSON MAY  HAVE  BEEN  UNABLE  TO
PARTICIPATE IN TREATMENT OR OTHER PROGRAMMING WHILE INCARCERATED DESPITE
SUCH  PERSON'S  WILLINGNESS  TO DO SO SHALL NOT BE CONSIDERED A NEGATIVE
FACTOR IN DETERMINING A MOTION PURSUANT TO THIS SECTION.
  4. SUBDIVISION ONE OF SECTION SEVEN HUNDRED SEVENTEEN AND  SUBDIVISION
FOUR  OF  SECTION  SEVEN  HUNDRED  TWENTY-TWO OF THE COUNTY LAW, AND THE
RELATED PROVISIONS OF ARTICLE EIGHTEEN-A OF SUCH LAW, SHALL APPLY TO THE
PREPARATION OF AND PROCEEDINGS ON  MOTIONS  PURSUANT  TO  THIS  SECTION,
INCLUDING ANY APPEALS.
  5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO IS
SERVING  A  SENTENCE  ON  A  CONVICTION  FOR  OR  HAS A PREDICATE FELONY
CONVICTION FOR AN EXCLUSION OFFENSE. FOR PURPOSES OF  THIS  SUBDIVISION,
AN "EXCLUSION OFFENSE" IS:
  (A)  A  CRIME FOR WHICH THE PERSON WAS PREVIOUSLY CONVICTED WITHIN THE
PRECEDING TEN YEARS, EXCLUDING ANY TIME DURING WHICH  THE  OFFENDER  WAS
INCARCERATED FOR ANY REASON BETWEEN THE TIME OF COMMISSION OF THE PREVI-
OUS  FELONY AND THE TIME OF COMMISSION OF THE PRESENT FELONY, WHICH WAS:
(I) A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02  OF  THE  PENAL
LAW;  OR  (II) ANY OTHER OFFENSE FOR WHICH A MERIT TIME ALLOWANCE IS NOT
AVAILABLE PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (D) OF  SUBDIVISION
ONE OF SECTION EIGHT HUNDRED THREE OF THE CORRECTION LAW; OR
  (B)  A  SECOND VIOLENT FELONY OFFENSE PURSUANT TO SECTION 70.04 OF THE
PENAL LAW OR A PERSISTENT VIOLENT FELONY  OFFENSE  PURSUANT  TO  SECTION
70.08  OF THE PENAL LAW FOR WHICH THE PERSON HAS PREVIOUSLY BEEN ADJUDI-
CATED.
  S 10. Subdivision 1 of section 450.90 of the criminal  procedure  law,
as  amended  by  chapter  498 of the laws of 2002, is amended to read as
follows:
  1. Provided that a certificate granting  leave  to  appeal  is  issued
pursuant  to section 460.20, an appeal may, except as provided in subdi-
vision two, be taken to the court of appeals by either the defendant  or
the  people from any adverse or partially adverse order of an intermedi-
ate appellate court entered upon an appeal taken  to  such  intermediate
appellate  court  pursuant to section 450.10, 450.15, or 450.20, or from
an order granting or denying a motion to set aside an order of an inter-
mediate appellate court on  the  ground  of  ineffective  assistance  or
wrongful deprivation of appellate counsel, OR BY EITHER THE DEFENDANT OR
THE  PEOPLE FROM ANY ADVERSE OR PARTIALLY ADVERSE ORDER OF AN INTERMEDI-
ATE APPELLATE COURT ENTERED UPON AN APPEAL TAKEN  TO  SUCH  INTERMEDIATE
APPELLATE COURT FROM AN ORDER ENTERED PURSUANT TO SECTION 440.46 OF THIS
CHAPTER.   An order of an intermediate appellate court is adverse to the
party who was the appellant in such court when it affirms the  judgment,
sentence or order appealed from, and is adverse to the party who was the
respondent  in  such  court  when  it reverses the judgment, sentence or
order appealed from. An appellate court order which modifies a  judgment
or order appealed from is partially adverse to each party.

S. 56--B                           124                         A. 156--B

  S 11. Paragraph (c) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 394 of the laws of 2005, is amended
to read as follows:
  (c)  Criminal  possession  of  a  controlled  substance in the seventh
degree  as  defined  in  section  220.03  of  the  penal  law,  criminal
possession  of  a controlled substance in the fifth degree as defined in
section 220.06 of the penal law, criminal  possession  of  a  controlled
substance in the fourth degree as defined in section 220.09 of the penal
law,  criminal  possession of a controlled substance in the third degree
as defined in section 220.16 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 possession of a controlled substance  in  the
first  degree  as  defined  in section 220.21 of the penal law, criminal
sale of a controlled substance in the fifth degree as defined in section
220.31 of the penal law, criminal sale of a controlled substance in  the
fourth  degree  as  defined in section 220.34 of the penal law, criminal
sale of a controlled substance in the third degree as defined in section
220.39 of the penal law, criminal sale of a controlled substance in  the
second  degree  as  defined in section 220.41 of the penal law, criminal
sale of a controlled substance in the first degree as defined in section
220.43 of the penal law, criminally possessing a  hypodermic  instrument
as  defined  in  section 220.45 of the penal law, criminal possession of
methamphetamine manufacturing material in the second degree  as  defined
in  section 220.70 of the penal law, criminal possession of methampheta-
mine manufacturing material in the first degree as  defined  in  section
220.71 of the penal law, criminal possession of precursors of methamphe-
tamine  as defined in section 220.72 of the penal law, unlawful manufac-
ture of methamphetamine in the third degree as defined in section 220.73
of the penal law, unlawful manufacture of methamphetamine in the  second
degree  as defined in section 220.74 of the penal law, unlawful manufac-
ture of methamphetamine in the first degree as defined in section 220.75
of the penal law, unlawful disposal of methamphetamine laboratory  mate-
rial as defined in section 220.76 of the penal law, OPERATING AS A MAJOR
TRAFFICKER  AS  DEFINED  IN  SECTION  220.77  OF THE PENAL LAW, criminal
possession of marihuana in the first degree as defined in section 221.30
of the penal law, criminal sale of marihuana  in  the  first  degree  as
defined  in  section  221.55 of the penal law, promoting gambling in the
second degree as defined in section 225.05 of the penal  law,  promoting
gambling  in  the first degree as defined in section 225.10 of the penal
law, possession of gambling records in the second degree as  defined  in
section  225.15  of the penal law, possession of gambling records in the
first degree as  defined  in  section  225.20  of  the  penal  law,  and
possession  of  a  gambling  device  as defined in section 225.30 of the
penal law;
  S 12. Subparagraph (A) of paragraph (c) of subdivision  2  of  section
259-i of the executive law, as separately amended by chapters 40 and 126
of the laws of 1999, is amended to read as follows:
  (A)  Discretionary  release on parole shall not be granted merely as a
reward for  good  conduct  or  efficient  performance  of  duties  while
confined  but  after  considering  if  there is a reasonable probability
that, if such inmate is released, he will live  and  remain  at  liberty
without violating the law, and that his release is not incompatible with
the  welfare of society and will not so deprecate the seriousness of his
crime as to undermine respect for law.  In  making  the  parole  release
decision, the guidelines adopted pursuant to subdivision four of section
two  hundred fifty-nine-c of this article shall require that the follow-

S. 56--B                           125                         A. 156--B

ing be considered: (i) the institutional record including program  goals
and accomplishments, academic achievements, vocational education, train-
ing  or  work  assignments, therapy and interpersonal relationships with
staff  and  inmates;  (ii)  performance,  if  any, as a participant in a
temporary release  program;  (iii)  release  plans  including  community
resources,  employment,  education  and  training  and  support services
available to the inmate; (iv) any deportation order issued by the feder-
al government against the inmate while in the custody of the  department
of  correctional  services  and any recommendation regarding deportation
made by the commissioner of  the  department  of  correctional  services
pursuant to section one hundred forty-seven of the correction law; [and]
(v)  any statement made to the board by the crime victim or the victim's
representative, where the crime victim is deceased  or  is  mentally  or
physically  incapacitated;  AND  (VI)  THE  LENGTH  OF  THE  DETERMINATE
SENTENCE TO WHICH THE INMATE WOULD BE SUBJECT HAD HE OR SHE  RECEIVED  A
SENTENCE PURSUANT TO SECTION 70.70 OR SECTION 70.71 OF THE PENAL LAW FOR
A  FELONY  DEFINED  IN ARTICLE TWO HUNDRED TWENTY OR ARTICLE TWO HUNDRED
TWENTY-ONE OF THE PENAL LAW.  The board shall provide  toll  free  tele-
phone access for crime victims. In the case of an oral statement made in
accordance with subdivision one of section 440.50 of the criminal proce-
dure  law, the parole board member shall present a written report of the
statement to the parole board. A  crime  victim's  representative  shall
mean  the  crime  victim's  closest surviving relative, the committee or
guardian of such person, or the legal representative of any such person.
Such statement submitted by the victim or  victim's  representative  may
include  information  concerning  threatening  or  intimidating  conduct
toward the victim, the victim's representative, or the victim's  family,
made  by  the  person sentenced and occurring after the sentencing. Such
information may include, but need not be limited to, the threatening  or
intimidating conduct of any other person who or which is directed by the
person  sentenced.  Notwithstanding  the  provisions of this section, in
making the parole release decision for persons whose minimum  period  of
imprisonment was not fixed pursuant to the provisions of subdivision one
of this section, in addition to the factors listed in this paragraph the
board  shall consider the factors listed in paragraph (a) of subdivision
one of this section.
  S 13. The section heading and subdivisions 1, 3 and 4 of section 259-j
of the executive law, the section heading and subdivisions 1  and  3  as
separately  amended  by  section 10 of part F and section 1 of part N of
chapter 62 of the laws of 2003, subdivision 4 as amended by chapter  310
of the laws of 2008, are amended to read as follows:
  Merit  termination of sentence and discharge from presumptive release,
parole [and], conditional release AND  RELEASE  TO  POST-RELEASE  SUPER-
VISION.    1.  The  division  of  parole may grant to any person a merit
termination of sentence from  presumptive  release,  parole  [or  from],
conditional  release OR RELEASE TO POST-RELEASE SUPERVISION prior to the
expiration of the full term or maximum term, provided it  is  determined
by  the  division  of  parole that such merit termination is in the best
interests of society, such person is not required to register as  a  sex
offender  pursuant  to  article [six-c] SIX-C of the correction law, and
such person is not on  presumptive  release,  parole  [or],  conditional
release  OR RELEASE TO POST-RELEASE SUPERVISION from a term of imprison-
ment imposed for any of the following offenses, or  for  an  attempt  to
commit any of the following offenses:
  (a)  a violent felony offense as defined in section 70.02 of the penal
law;

S. 56--B                           126                         A. 156--B

  (b) murder in the first degree or murder in the second degree;
  (c) an offense defined in article one hundred thirty of the penal law;
  (d) unlawful imprisonment in the first degree, kidnapping in the first
degree,  or kidnapping in the second degree, in which the victim is less
than seventeen years old and the offender  is  not  the  parent  of  the
victim;
  (e)  an offense defined in article two hundred thirty of the penal law
involving the prostitution of a person less than nineteen years old;
  (f) disseminating indecent material to minors in the first  degree  or
disseminating indecent material to minors in the second degree;
  (g) incest;
  (h) an offense defined in article two hundred sixty-three of the penal
law;
  (i) a hate crime as defined in section 485.05 of the penal law; or
  (j)  an  offense  defined  in article four hundred ninety of the penal
law.
  3. A merit termination of sentence may be granted after two  years  of
presumptive  release  [or],  parole,  CONDITIONAL  RELEASE OR RELEASE TO
POST-RELEASE SUPERVISION to a person serving a sentence for  a  class  A
felony  offense  as  defined  in article two hundred twenty of the penal
law. A merit termination of sentence may be granted to all other  eligi-
ble  persons  after one year of presumptive release, parole [or], condi-
tional release OR RELEASE TO POST-RELEASE SUPERVISION.
  4. Except where a determinate sentence was  imposed  for  a  felony[,]
OTHER THAN A FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OR ARTICLE TWO
HUNDRED TWENTY-ONE OF THE PENAL LAW, if the board of parole is satisfied
that an absolute discharge from presumptive release, parole [or], condi-
tional  release OR RELEASE TO A PERIOD OF POST-RELEASE SUPERVISION is in
the best interests of society, the board  may  grant  such  a  discharge
prior  to  the expiration of the full term or maximum term to any person
who has been on unrevoked presumptive release, parole [or],  conditional
release  OR  RELEASE  TO  POST-RELEASE  SUPERVISION  for  at least three
consecutive years. A discharge granted under this section shall  consti-
tute a termination of the sentence with respect to which it was granted.
No  such discharge shall be granted unless the board of parole is satis-
fied that the parolee or releasee, otherwise financially able to  comply
with an order of restitution and the payment of any mandatory surcharge,
sex  offender registration fee or DNA databank fee previously imposed by
a court of competent jurisdiction, has  made  a  good  faith  effort  to
comply therewith.
  S  14.  Subdivision 16 of section 296 of the executive law, as amended
by chapter 639 of the laws of 2007, is amended to read as follows:
  16. It shall be an unlawful discriminatory  practice,  unless  specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
involved, any arrest or criminal accusation of such individual not  then
pending  against  that individual which was followed by a termination of
that criminal action or proceeding  in  favor  of  such  individual,  as
defined  in  subdivision two of section 160.50 of the criminal procedure
law, or by a youthful offender adjudication, as defined  in  subdivision
one  of section 720.35 of the criminal procedure law, or by a conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law OR BY A CONVICTION WHICH IS SEALED PURSUANT TO  SECTION  160.58
OF THE CRIMINAL PROCEDURE LAW, in connection with the licensing, employ-

S. 56--B                           127                         A. 156--B

ment  or  providing of credit or insurance to such individual; provided,
[however, that the] FURTHER, THAT NO PERSON SHALL BE REQUIRED TO DIVULGE
INFORMATION PERTAINING TO ANY ARREST  OR  CRIMINAL  ACCUSATION  OF  SUCH
INDIVIDUAL  NOT  THEN PENDING AGAINST THAT INDIVIDUAL WHICH WAS FOLLOWED
BY A TERMINATION OF THAT CRIMINAL ACTION OR PROCEEDING IN FAVOR OF  SUCH
INDIVIDUAL, AS DEFINED IN SUBDIVISION TWO OF SECTION 160.50 OF THE CRIM-
INAL  PROCEDURE  LAW, OR BY A YOUTHFUL OFFENDER ADJUDICATION, AS DEFINED
IN SUBDIVISION ONE OF SECTION 720.35 OF THE CRIMINAL PROCEDURE  LAW,  OR
BY A CONVICTION FOR A VIOLATION SEALED PURSUANT TO SECTION 160.55 OF THE
CRIMINAL  PROCEDURE  LAW, OR BY A CONVICTION WHICH IS SEALED PURSUANT TO
SECTION 160.58 OF THE CRIMINAL PROCEDURE LAW.   THE provisions  [hereof]
OF  THIS  SUBDIVISION  shall  not  apply  to the licensing activities of
governmental bodies in relation to the regulation of guns, firearms  and
other  deadly weapons or in relation to an application for employment as
a police officer or peace officer as those terms are defined in subdivi-
sions thirty-three and thirty-four  of  section  1.20  of  the  criminal
procedure  law; provided further that the provisions of this subdivision
shall not apply to an application for employment or  membership  in  any
law enforcement agency with respect to any arrest or criminal accusation
which  was  followed  by a youthful offender adjudication, as defined in
subdivision one of section 720.35 of the criminal procedure law, or by a
conviction for a violation sealed pursuant  to  section  160.55  of  the
criminal  procedure  law, OR BY A CONVICTION WHICH IS SEALED PURSUANT TO
SECTION 160.58 OF THE CRIMINAL PROCEDURE LAW.
  S 14-a. Subdivision 4 of section 837 of the executive law  is  amended
by adding a new paragraph (b-1) to read as follows:
  (B-1)  COLLECT  DATA  AND  UNDERTAKE RESEARCH, STUDIES AND ANALYSES OF
JUDICIAL DIVERSION PROGRAMS INCLUDING BUT NOT LIMITED  TO  THE  JUDICIAL
DIVERSION PROGRAM DESCRIBED IN ARTICLE TWO HUNDRED SIXTEEN OF THE CRIMI-
NAL PROCEDURE LAW; AND
  S  15. Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (r) to read as follows:
  (R) ENSURE THAT CASES ELIGIBLE  FOR  JUDICIAL  DIVERSION  PURSUANT  TO
ARTICLE  TWO  HUNDRED  SIXTEEN  OF  THE  CRIMINAL PROCEDURE LAW SHALL BE
ASSIGNED TO COURT PARTS IN THE MANNER PROVIDED BY THE CHIEF  ADMINISTRA-
TOR AND THAT, TO THE EXTENT PRACTICABLE, SUCH CASES ARE PRESIDED OVER BY
JUDGES  WHO,  BY  VIRTUE OF THE STRUCTURE, CASELOAD AND RESOURCES OF THE
PARTS AND THE JUDGES' TRAINING, ARE IN  THE  BEST  POSITION  TO  PROVIDE
EFFECTIVE  SUPERVISION  OVER  SUCH  CASES,  SUCH  AS  THE DRUG TREATMENT
COURTS. IN COMPLIANCE WITH THESE  PROVISIONS,  THE  CHIEF  ADMINISTRATOR
SHALL  GIVE DUE WEIGHT TO THE NEED FOR DIVERTED DEFENDANTS TO MAKE REGU-
LAR COURT APPEARANCES, AND BE CLOSELY SUPERVISED BY THE COURT,  FOR  THE
DURATION OF DRUG TREATMENT AND THE PENDENCY OF THE CRIMINAL CHARGE.
  S  16.  Section 19.07 of the mental hygiene law is amended by adding a
new subdivision (h) to read as follows:
  (H) THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SHALL  MONI-
TOR  PROGRAMS  PROVIDING  CARE  AND TREATMENT TO INMATES IN CORRECTIONAL
FACILITIES OPERATED BY THE DEPARTMENT OF CORRECTIONAL SERVICES WHO  HAVE
A  HISTORY OF ALCOHOL OR SUBSTANCE ABUSE OR DEPENDENCE. THE OFFICE SHALL
ALSO DEVELOP GUIDELINES FOR THE OPERATION OF ALCOHOL AND SUBSTANCE ABUSE
TREATMENT PROGRAMS IN SUCH CORRECTIONAL FACILITIES IN  ORDER  TO  ENSURE
THAT SUCH PROGRAMS SUFFICIENTLY MEET THE NEEDS OF INMATES WITH A HISTORY
OF  ALCOHOL  OR SUBSTANCE ABUSE OR DEPENDENCE AND PROMOTE THE SUCCESSFUL
TRANSITION TO TREATMENT IN THE COMMUNITY UPON RELEASE. NO LATER THAN THE
FIRST DAY OF DECEMBER OF EACH YEAR, THE OFFICE  SHALL  SUBMIT  A  REPORT
REGARDING  THE ADEQUACY AND EFFECTIVENESS OF ALCOHOL AND SUBSTANCE ABUSE

S. 56--B                           128                         A. 156--B

TREATMENT PROGRAMS OPERATED BY THE DEPARTMENT OF  CORRECTIONAL  SERVICES
TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY, THE CHAIRMAN OF THE SENATE  COMMITTEE  ON  CRIME  VICTIMS,
CRIME  AND  CORRECTION,  AND  THE  CHAIRMAN OF THE ASSEMBLY COMMITTEE ON
CORRECTION.
  S 17. Subdivisions 3 and 5 of section 60.04 of the penal law, as added
by chapter 738 of the laws of 2004, are amended to read as follows:
  3. Class B felonies. Every person convicted of a class B  felony  must
be   sentenced   to  imprisonment  in  accordance  with  the  applicable
provisions of section 70.70 of this [title] CHAPTER, [unless such person
is convicted of a class  B  felony  and  is  sentenced  to]  A  DEFINITE
SENTENCE OF IMPRISONMENT WITH A TERM OF ONE YEAR OR LESS OR probation in
accordance with section 65.00 of this [title] CHAPTER PROVIDED, HOWEVER,
A PERSON CONVICTED OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD
AS  DEFINED  IN  SECTION  220.48  OF THIS CHAPTER MUST BE SENTENCED TO A
DETERMINATE SENTENCE OF IMPRISONMENT IN ACCORDANCE WITH  THE  APPLICABLE
PROVISIONS  OF  SECTION  70.70  OF  THIS  CHAPTER  OR  TO  A SENTENCE OF
PROBATION IN ACCORDANCE WITH THE OPENING PARAGRAPH OF PARAGRAPH  (B)  OF
SUBDIVISION ONE OF SECTION 65.00 OF THIS CHAPTER.
  5. Multiple felony offender. Where the court imposes a sentence PURSU-
ANT  TO SUBDIVISION THREE OF SECTION 70.70 OF THIS CHAPTER upon a second
felony drug offender, as defined in paragraph (b) of subdivision one  of
section 70.70 of this [title] CHAPTER, it must sentence such offender to
imprisonment  in  accordance  with  the applicable provisions of section
70.70 of this [title] CHAPTER, A DEFINITE SENTENCE OF IMPRISONMENT  WITH
A  TERM  OF  ONE  YEAR  OR LESS, OR PROBATION IN ACCORDANCE WITH SECTION
65.00 OF THIS CHAPTER, PROVIDED, HOWEVER, THAT WHERE THE COURT IMPOSES A
SENTENCE UPON A CLASS B SECOND FELONY DRUG OFFENDER,  IT  MUST  SENTENCE
SUCH  OFFENDER  TO  A DETERMINATE SENTENCE OF IMPRISONMENT IN ACCORDANCE
WITH THE APPLICABLE PROVISIONS OF SECTION 70.70 OF THIS CHAPTER OR TO  A
SENTENCE  OF PROBATION IN ACCORDANCE WITH THE OPENING PARAGRAPH OF PARA-
GRAPH (B) OF SUBDIVISION ONE OF SECTION 65.00 OF THIS CHAPTER. WHEN  THE
COURT  IMPOSES  SENTENCE  ON  A  SECOND FELONY DRUG OFFENDER PURSUANT TO
SUBDIVISION FOUR OF SECTION 70.70 OF THIS  CHAPTER,  IT  MUST  IMPOSE  A
DETERMINATE   SENTENCE   OF   IMPRISONMENT   IN   ACCORDANCE  WITH  SUCH
SUBDIVISION.
  S 18. Section 60.04 of the penal law is amended by adding a new subdi-
vision 7 to read as follows:
  7. A. SHOCK INCARCERATION PARTICIPATION.  WHEN  THE  COURT  IMPOSES  A
SENTENCE  OF  IMPRISONMENT WHICH REQUIRES A COMMITMENT TO THE DEPARTMENT
OF CORRECTIONAL SERVICES  UPON  A  PERSON  WHO  STANDS  CONVICTED  OF  A
CONTROLLED SUBSTANCE OR MARIHUANA OFFENSE, UPON MOTION OF THE DEFENDANT,
THE  COURT  MAY  ISSUE AN ORDER DIRECTING THAT THE DEPARTMENT OF CORREC-
TIONAL SERVICES ENROLL THE DEFENDANT IN THE  SHOCK INCARCERATION PROGRAM
AS DEFINED IN ARTICLE TWENTY-SIX-A OF THE CORRECTION LAW, PROVIDED  THAT
THE  DEFENDANT IS AN ELIGIBLE INMATE, AS DESCRIBED IN SUBDIVISION ONE OF
SECTION EIGHT HUNDRED SIXTY-FIVE OF THE CORRECTION LAW.  NOTWITHSTANDING
THE  FOREGOING  PROVISIONS  OF  THIS  SUBDIVISION,  ANY  DEFENDANT TO BE
ENROLLED IN SUCH PROGRAM PURSUANT TO THIS SUBDIVISION SHALL BE  GOVERNED
BY  THE  SAME  RULES  AND  REGULATIONS  PROMULGATED BY THE DEPARTMENT OF
CORRECTIONAL SERVICES, INCLUDING  WITHOUT  LIMITATION  THOSE  RULES  AND
REGULATIONS  ESTABLISHING REQUIREMENTS FOR COMPLETION AND SUCH RULES AND
REGULATIONS GOVERNING DISCIPLINE AND REMOVAL FROM THE PROGRAM.
  B. (I) IN THE EVENT THAT AN  INMATE  DESIGNATED  BY  COURT  ORDER  FOR
ENROLLMENT  IN  THE  SHOCK  INCARCERATION  PROGRAM  REQUIRES A DEGREE OF
MEDICAL CARE OR MENTAL HEALTH CARE THAT CANNOT BE PROVIDED  AT  A  SHOCK

S. 56--B                           129                         A. 156--B

INCARCERATION  FACILITY,  THE  DEPARTMENT,  IN WRITING, SHALL NOTIFY THE
INMATE,     PROVIDE     A     PROPOSAL     DESCRIBING     A     PROPOSED
ALTERNATIVE-TO-SHOCK-INCARCERATION  PROGRAM,  AND NOTIFY HIM OR HER THAT
HE   OR   SHE   MAY   OBJECT   IN   WRITING   TO   PLACEMENT   IN   SUCH
ALTERNATIVE-TO-SHOCK-INCARCERATION PROGRAM. IF  THE  INMATE  OBJECTS  IN
WRITING TO PLACEMENT IN SUCH ALTERNATIVE-TO-SHOCK-INCARCERATION PROGRAM,
THE  DEPARTMENT  OF  CORRECTIONAL  SERVICES  SHALL NOTIFY THE SENTENCING
COURT, PROVIDE SUCH PROPOSAL TO THE COURT, AND ARRANGE FOR THE  INMATE'S
PROMPT APPEARANCE BEFORE THE COURT. THE COURT SHALL PROVIDE THE PROPOSAL
AND  NOTICE  OF  A  COURT  APPEARANCE  TO THE PEOPLE, THE INMATE AND THE
APPROPRIATE DEFENSE ATTORNEY. AFTER CONSIDERING  THE  PROPOSAL  AND  ANY
SUBMISSIONS  BY  THE PARTIES, AND AFTER A REASONABLE OPPORTUNITY FOR THE
PEOPLE, THE INMATE AND COUNSEL TO BE HEARD, THE  COURT  MAY  MODIFY  ITS
SENTENCING  ORDER ACCORDINGLY, NOTWITHSTANDING THE PROVISIONS OF SECTION
430.10 OF THE CRIMINAL PROCEDURE LAW.
  (II)     AN     INMATE     WHO     SUCCESSFULLY      COMPLETES      AN
ALTERNATIVE-TO-SHOCK-INCARCERATION  PROGRAM  WITHIN  THE  DEPARTMENT  OF
CORRECTIONAL SERVICES SHALL BE TREATED IN THE SAME MANNER  AS  A  PERSON
WHO  HAS  SUCCESSFULLY COMPLETED THE SHOCK INCARCERATION PROGRAM, AS SET
FORTH IN SUBDIVISION FOUR OF SECTION EIGHT HUNDRED  SIXTY-SEVEN  OF  THE
CORRECTION LAW.
  S  19.  The  opening  paragraph  of  paragraph (b) of subdivision 1 of
section 65.00 of the penal law, as amended by chapter 410 of the laws of
1979, is amended to read as follows:
  The court, with the concurrence of either the administrative judge  of
the court or of the judicial district within which the court is situated
or such administrative judge as the presiding justice of the appropriate
appellate division shall designate, may sentence a person to a period of
probation  upon  conviction of a class A-II felony [or a class B felony]
defined in article two hundred twenty, THE CLASS  B  FELONY  DEFINED  IN
SECTION  220.48  OF  THIS CHAPTER OR ANY OTHER CLASS B FELONY DEFINED IN
ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER WHERE THE PERSON IS A  SECOND
FELONY  DRUG  OFFENDER AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION 70.70 OF THIS CHAPTER, if the prosecutor either  orally  on  the
record  or  in  a  writing filed with the indictment recommends that the
court sentence such person to a period of probation upon the ground that
such person has or is providing  material  assistance  in  the  investi-
gation,  apprehension  or prosecution of any person for a felony defined
in article two hundred twenty or the attempt or the conspiracy to commit
any such felony, and if the court,  having  regard  to  the  nature  and
circumstances  of  the crime and to the history, character and condition
of the defendant is of the opinion that:
  S 20. Subparagraphs (i) and (ii) of paragraph (a) of subdivision 3  of
section  65.00  of the penal law, subparagraph (i) as amended by chapter
264 of the laws of 2003, subparagraph (ii) as amended by chapter 738  of
the laws of 2004, are amended to read as follows:
  (i) For a felony, other than a class A-II felony [or a class B felony]
defined  in  article  two  hundred twenty of this chapter OR THE CLASS B
FELONY DEFINED IN SECTION 220.48 OF THIS CHAPTER, OR ANY OTHER  CLASS  B
FELONY  DEFINED  IN ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER COMMITTED
BY A SECOND FELONY DRUG OFFENDER, or a sexual  assault,  the  period  of
probation shall be five years;
  (ii)  For  a class A-II felony [controlled substance] DRUG offender as
defined in paragraph (a) of subdivision one of  section  70.71  of  this
[chapter  or  a  class B second felony drug offender as defined in para-
graph (b) of subdivision one  of  section  70.70  of  this]  chapter  AS

S. 56--B                           130                         A. 156--B

DESCRIBED  IN  PARAGRAPH  (B)  OF  SUBDIVISION ONE OF THIS SECTION, OR A
CLASS B FELONY COMMITTED BY A SECOND FELONY DRUG OFFENDER  DESCRIBED  IN
PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF  THIS  SECTION,  the  period of
probation  shall  be  life[,  and  for a class B felony drug offender as
defined in paragraph (a) of subdivision one of  section  70.70  of  this
chapter,  the  period of probation shall be twenty-five years] AND FOR A
CLASS B FELONY DEFINED IN SECTION 220.48 OF THIS CHAPTER, THE PERIOD  OF
PROBATION SHALL BE TWENTY-FIVE YEARS;
  S  21.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
70.70 of the penal law, as amended by chapter 436 of the laws  of  2006,
is amended to read as follows:
  (i)  for  a  class  B  felony, the term shall be at least one year and
shall not exceed nine years, except that for the class B felony of crim-
inal sale of a controlled substance in or near school grounds as defined
in subdivision two of section 220.44 of this chapter or on a school  bus
as defined in subdivision seventeen of section 220.00 of this chapter OR
CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD AS DEFINED IN SECTION
220.48  OF  THIS CHAPTER, the term shall be at least two years and shall
not exceed nine years;
  S 22. Paragraph (b) of subdivision 2 of section  70.70  of  the  penal
law,  as added by chapter 738 of the laws of 2004, is amended to read as
follows:
  (b) Probation. Notwithstanding any other provision of law,  the  court
may  sentence  a  defendant  convicted of a class B, class C, class D or
class E felony offense defined in article  two  hundred  twenty  or  two
hundred  twenty-one  of this chapter to probation in accordance with the
provisions of [section] SECTIONS 60.04 AND 65.00 of this chapter.
  S 23. Paragraph (c) of subdivision 2 and paragraphs  (a)  and  (b)  of
subdivision 3 of section 70.70 of the penal law, as added by chapter 738
of  the laws of 2004, are amended and subdivision 2 is amended by adding
a new paragraph (d) to read as follows:
  (c) Alternative definite sentence for CLASS B, class C, class  D,  and
class  E felonies. If the court, having regard to the nature and circum-
stances of the crime and to the history and character of the  defendant,
is  of the opinion that a sentence of imprisonment is necessary but that
it would be unduly harsh to impose a determinate sentence upon a  person
convicted  of  a  class  C, class D or class E felony offense defined in
article two hundred twenty or two hundred twenty-one of this chapter, OR
A CLASS B FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THIS  CHAPTER,
OTHER THAN THE CLASS B FELONY DEFINED IN SECTION 220.48 OF THIS CHAPTER,
AS  ADDED  BY  A  CHAPTER OF THE LAWS OF TWO THOUSAND NINE the court may
impose a definite sentence of imprisonment and fix a term of one year or
less.
  (D) THE COURT MAY DIRECT THAT A  DETERMINATE  SENTENCE  IMPOSED  ON  A
DEFENDANT  CONVICTED  OF A CLASS B FELONY, OTHER THAN THE CLASS B FELONY
DEFINED IN SECTION 220.48 OF THIS CHAPTER, PURSUANT TO THIS  SUBDIVISION
BE  EXECUTED  AS  A  SENTENCE  OF  PAROLE SUPERVISION IN ACCORDANCE WITH
SECTION 410.91 OF THE CRIMINAL PROCEDURE LAW.
  (a) Applicability. This subdivision shall apply  to  a  second  felony
drug offender whose prior felony conviction was not a violent felony.
  (b)  Authorized sentence. Except as provided in [paragraph] PARAGRAPHS
(c) [or], (d) AND (E) of this subdivision,  when  the  court  has  found
pursuant  to  the provisions of section 400.21 of the criminal procedure
law that a defendant  is  a  second  felony  drug  offender  who  stands
convicted  of  a  class  B,  class  C, class D or class E felony offense
defined in article two hundred twenty or two hundred twenty-one of  this

S. 56--B                           131                         A. 156--B

chapter  the  court shall impose a determinate sentence of imprisonment.
Such determinate sentence shall include as a part thereof  a  period  of
post-release  supervision in accordance with section 70.45 of this arti-
cle.  The  terms  of  such  determinate sentence shall be imposed by the
court in whole or half years as follows:
  (i) for a class B felony, the term shall be at least [three  and  one-
half] TWO years and shall not exceed twelve years;
  (ii)  for  a  class C felony, the term shall be at least [two] ONE AND
ONE-HALF years and shall not exceed eight years;
  (iii) for a class D felony, the term shall be at least  one  and  one-
half years and shall not exceed four years; and
  (iv) for a class E felony, the term shall be at least one and one-half
years and shall not exceed two years.
  S  24.  Paragraph  (c)  of subdivision 3 of section 70.70 of the penal
law, as added by chapter 738 of the laws of 2004, is amended to read  as
follows:
  (c)   [Lifetime  probation]  PROBATION.    Notwithstanding  any  other
provision of law, the court may sentence  a  [defendant]  SECOND  FELONY
DRUG  OFFENDER  convicted  of  a  class B felony [defined in article two
hundred twenty of this chapter] to lifetime probation in accordance with
the provisions of section 65.00 of  this  chapter  AND  MAY  SENTENCE  A
SECOND  FELONY  DRUG OFFENDER CONVICTED OF A CLASS C, CLASS D OR CLASS E
FELONY TO PROBATION IN ACCORDANCE WITH THE PROVISIONS OF  SECTION  65.00
OF THIS CHAPTER.
  S  25.  Subdivision  3 of section 70.70 of the penal law is amended by
adding a new paragraph (e) to read as follows:
  (E) ALTERNATE DEFINITE SENTENCE FOR CLASS C, CLASS D AND CLASS E FELO-
NIES. IF THE COURT, HAVING REGARD TO THE NATURE AND CIRCUMSTANCES OF THE
CRIME AND TO THE HISTORY AND CHARACTER OF THE DEFENDANT, IS OF THE OPIN-
ION THAT A SENTENCE OF IMPRISONMENT IS NECESSARY BUT THAT  IT  WOULD  BE
UNDULY HARSH TO IMPOSE A DETERMINATE SENTENCE UPON A PERSON CONVICTED OF
A  CLASS  C,  CLASS  D  OR CLASS E FELONY OFFENSE DEFINED IN ARTICLE TWO
HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THIS CHAPTER, THE COURT  MAY
IMPOSE A DEFINITE SENTENCE OF IMPRISONMENT AND FIX A TERM OF ONE YEAR OR
LESS.
  S  26.  Paragraph  (a)  of subdivision 2 of section 70.71 of the penal
law, as added by chapter 738 of the laws of 2004, is amended and  a  new
subdivision 5 is added to read as follows:
  (a)  Applicability. Except as provided in subdivision three [or], four
OR FIVE of this section,  this  subdivision  shall  apply  to  a  person
convicted  of  a class A felony as defined in article two hundred twenty
of this chapter.
  5. SENTENCE OF IMPRISONMENT FOR OPERATING AS A MAJOR TRAFFICKER.
  (A) APPLICABILITY. THIS SUBDIVISION SHALL APPLY TO A PERSON  CONVICTED
OF THE CLASS A-I FELONY OF OPERATING AS A MAJOR TRAFFICKER AS DEFINED IN
SECTION 220.77 OF THIS CHAPTER.
  (B)  AUTHORIZED  SENTENCE. EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS
SUBDIVISION, THE COURT SHALL IMPOSE AN INDETERMINATE TERM  OF  IMPRISON-
MENT  FOR  AN  A-I  FELONY, IN ACCORDANCE WITH THE PROVISIONS OF SECTION
70.00 OF THIS ARTICLE.
  (C) ALTERNATIVE DETERMINATE SENTENCE. IF A DEFENDANT STANDS  CONVICTED
OF  VIOLATING  SECTION  220.77 OF THIS CHAPTER, AND IF THE COURT, HAVING
REGARD TO THE NATURE AND CIRCUMSTANCES OF THE CRIME AND THE HISTORY  AND
CHARACTER  OF THE DEFENDANT, IS OF THE OPINION THAT A SENTENCE OF IMPRI-
SONMENT IS NECESSARY BUT THAT IT WOULD BE UNDULY  HARSH  TO  IMPOSE  THE
INDETERMINATE  SENTENCE  FOR  A CLASS A-I FELONY SPECIFIED UNDER SECTION

S. 56--B                           132                         A. 156--B

70.00 OF THIS ARTICLE, THE COURT  MAY  INSTEAD  IMPOSE  THE  DETERMINATE
SENTENCE OF IMPRISONMENT AUTHORIZED BY CLAUSE (I) OF SUBPARAGRAPH (B) OF
SUBDIVISION  TWO  OF  THIS  SECTION FOR A CLASS A-I DRUG FELONY; IN SUCH
CASE,  THE  REASONS  FOR  THE  COURT'S OPINION SHALL BE SET FORTH ON THE
RECORD.
  S 27.  Section 220.00 of the penal law is amended by adding three  new
subdivisions 18, 19 and 20 to read as follows:
  18.  "CONTROLLED  SUBSTANCE  ORGANIZATION"  MEANS FOUR OR MORE PERSONS
SHARING A COMMON PURPOSE  TO  ENGAGE  IN  CONDUCT  THAT  CONSTITUTES  OR
ADVANCES THE COMMISSION OF A FELONY UNDER THIS ARTICLE.
  19.  "DIRECTOR"  MEANS  A  PERSON  WHO IS THE PRINCIPAL ADMINISTRATOR,
ORGANIZER, OR LEADER OF A CONTROLLED SUBSTANCE ORGANIZATION  OR  ONE  OF
SEVERAL PRINCIPAL ADMINISTRATORS, ORGANIZERS, OR LEADERS OF A CONTROLLED
SUBSTANCE ORGANIZATION.
  20.  "PROFITEER" MEANS A PERSON WHO: (A) IS A DIRECTOR OF A CONTROLLED
SUBSTANCE ORGANIZATION; (B) IS A MEMBER OF A CONTROLLED SUBSTANCE ORGAN-
IZATION AND HAS MANAGERIAL RESPONSIBILITY OVER ONE OR MORE OTHER MEMBERS
OF THAT ORGANIZATION; OR (C) ARRANGES, DEVISES  OR  PLANS  ONE  OR  MORE
TRANSACTIONS  CONSTITUTING  A  FELONY UNDER THIS ARTICLE SO AS TO OBTAIN
PROFITS OR EXPECTED PROFITS. A PERSON IS NOT A PROFITEER IF HE OR SHE IS
ACTING ONLY AS AN EMPLOYEE; OR IF HE OR SHE IS  ACTING  AS  AN  ACCOMMO-
DATION TO A FRIEND OR RELATIVE; OR IF HE OR SHE IS ACTING ONLY UNDER THE
DIRECTION  AND CONTROL OF OTHERS AND EXERCISES NO SUBSTANTIAL, INDEPEND-
ENT ROLE IN ARRANGING OR DIRECTING THE TRANSACTIONS IN QUESTION.
  S 28. The penal law is amended by adding a new section 220.48 to  read
as follows:
S 220.48 CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD.
  A  PERSON  IS  GUILTY  OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A
CHILD WHEN, BEING OVER TWENTY-ONE YEARS OLD, HE  OR  SHE  KNOWINGLY  AND
UNLAWFULLY  SELLS  A CONTROLLED SUBSTANCE IN VIOLATION OF SECTION 220.34
OR 220.39 OF THIS ARTICLE TO A PERSON LESS THAN SEVENTEEN YEARS OLD.
  CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IS A CLASS B  FELO-
NY.
  S  29. The penal law is amended by adding a new section 220.77 to read
as follows:
S 220.77 OPERATING AS A MAJOR TRAFFICKER.
  A PERSON IS GUILTY OF OPERATING AS A MAJOR TRAFFICKER WHEN:
  1. SUCH PERSON ACTS AS A DIRECTOR OF A CONTROLLED SUBSTANCE  ORGANIZA-
TION  DURING  ANY  PERIOD  OF TWELVE MONTHS OR LESS, DURING WHICH PERIOD
SUCH CONTROLLED SUBSTANCE ORGANIZATION  SELLS  ONE  OR  MORE  CONTROLLED
SUBSTANCES,  AND  THE  PROCEEDS COLLECTED OR DUE FROM SUCH SALE OR SALES
HAVE A TOTAL AGGREGATE VALUE OF SEVENTY-FIVE THOUSAND DOLLARS  OR  MORE;
OR
  2.  AS A PROFITEER, SUCH PERSON KNOWINGLY AND UNLAWFULLY SELLS, ON ONE
OR MORE OCCASIONS WITHIN SIX MONTHS OR LESS, A NARCOTIC  DRUG,  AND  THE
PROCEEDS COLLECTED OR DUE FROM SUCH SALE OR SALES HAVE A TOTAL AGGREGATE
VALUE OF SEVENTY-FIVE THOUSAND DOLLARS OR MORE.
  3.  AS A PROFITEER, SUCH PERSON KNOWINGLY AND UNLAWFULLY POSSESSES, ON
ONE OR MORE OCCASIONS WITHIN SIX MONTHS OR LESS, A  NARCOTIC  DRUG  WITH
INTENT  TO SELL THE SAME, AND SUCH NARCOTIC DRUGS HAVE A TOTAL AGGREGATE
VALUE OF SEVENTY-FIVE THOUSAND DOLLARS OR MORE.
  OPERATING AS A MAJOR TRAFFICKER IS A CLASS A-I FELONY.
  S 30. Paragraph (a) of subdivision 1 of section 460.10  of  the  penal
law,  as separately amended by chapters 312 and 472 of the laws of 2008,
is amended to read as follows:

S. 56--B                           133                         A. 156--B

  (a) Any of the felonies set forth in this  chapter:  sections  120.05,
120.10  and 120.11 relating to assault; sections 125.10 to 125.27 relat-
ing to homicide; sections 130.25, 130.30 and 130.35  relating  to  rape;
sections 135.20 and 135.25 relating to kidnapping; section 135.35 relat-
ing  to labor trafficking; section 135.65 relating to coercion; sections
140.20, 140.25 and 140.30 relating to burglary; sections 145.05,  145.10
and  145.12  relating  to  criminal  mischief; article one hundred fifty
relating to arson; sections 155.30, 155.35, 155.40 and  155.42  relating
to grand larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to
health  care  fraud;  article  one  hundred  sixty  relating to robbery;
sections  165.45,  165.50,  165.52  and  165.54  relating  to   criminal
possession  of  stolen  property; sections 165.72 and 165.73 relating to
trademark  counterfeiting;  sections  170.10,  170.15,  170.25,  170.30,
170.40,  170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
176.20, 176.25 and 176.30 relating to insurance fraud;  sections  178.20
and  178.25  relating  to criminal diversion of prescription medications
and prescriptions; sections  180.03,  180.08,  180.15,  180.25,  180.40,
180.45,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
ing  to  perjury and contempt; section 215.40 relating to tampering with
physical evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,
220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55 [and], 220.60 AND
220.77  relating  to  controlled  substances; sections 225.10 and 225.20
relating to gambling; sections 230.25, 230.30, and  230.32  relating  to
promoting  prostitution;  section  230.34  relating  to sex trafficking;
sections 235.06,  235.07,  235.21  and  235.22  relating  to  obscenity;
sections 263.10 and 263.15 relating to promoting a sexual performance by
a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
provisions  of  section  265.10  which  constitute  a felony relating to
firearms and other dangerous weapons; and  sections  265.14  and  265.16
relating  to  criminal  sale  of  a firearm; and section 275.10, 275.20,
275.30, or 275.40 relating  to  unauthorized  recordings;  and  sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
  S 31. Paragraphs (a) and (b) of subdivision 7 of section 480.00 of the
penal  law,  as added by chapter 655 of the laws of 1990, are amended to
read as follows:
  (a) a conviction of a  person  for  a  violation  of  section  220.18,
220.21,  220.41,  [or]  220.43,  OR 220.77 of this chapter, or where the
accusatory instrument charges one or more of such  offenses,  conviction
upon  a  plea  of  guilty  to any of the felonies for which such plea is
otherwise authorized by law or a conviction of a person  for  conspiracy
to commit a violation of section 220.18, 220.21, 220.41, [or] 220.43, OR
220.77  of [the penal law] THIS CHAPTER, where the controlled substances
which are the object of the conspiracy are located in the real  property
which is the subject of the forfeiture action; or
  (b) three or more violations of any of the felonies defined in section
220.09,  220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43,
220.77, or 221.55 of this chapter, which violations do not constitute  a
single  criminal  offense as defined in subdivision one of section 40.10
of the criminal procedure law, or  a  single  criminal  transaction,  as
defined  in  paragraph  (a)  of  subdivision two of section 40.10 of the

S. 56--B                           134                         A. 156--B

criminal procedure law,  and  at  least  one  of  which  resulted  in  a
conviction  of  such offense, or where the accusatory instrument charges
one or more of such felonies, conviction upon a  plea  of  guilty  to  a
felony for which such plea is otherwise authorized by law; or
  S  32.  Severability.  If  any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its  operation  to  the  clause,  sentence,
paragraph,  section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
  S 33. This act shall take effect immediately; provided however that:
  (a) section three of this act shall take effect on  the  sixtieth  day
after it shall have become a law;
  (b)  sections  four  and  ten of this act shall take effect six months
after this act shall have become a law;
  (c) sections eleven, twenty-six, twenty-seven,  twenty-eight,  twenty-
nine,  thirty  and thirty-one of this act shall take effect on the first
of November next succeeding the date on which it  shall  have  become  a
law;
  (d)  section  sixteen of this act shall take effect on the one hundred
twentieth day after it shall have become a law;
  (e) section nine of this act shall take effect  six  months  after  it
shall  have become a law, except that the amendments to subdivision 4 of
section 440.46 of the criminal procedure law made  by  section  nine  of
this act shall take effect immediately;
  (f) sections four, five, six, seven, eight, seventeen, nineteen, twen-
ty,  twenty-two,  twenty-three, twenty-four, and twenty-five of this act
shall apply to offenses committed on or after the date  this  act  shall
have  become  a  law,  and shall also apply to offenses committed before
such date provided that sentence upon conviction for  such  offense  has
not been imposed on or before such date; and
  (g)  provided  further  that  the  amendments to section 410.91 of the
criminal procedure law made by sections six and eight 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 AAA of this act shall
be as specifically set forth in the last section of such Parts.

2009-S56A - Details

See Assembly Version of this Bill:: A156
Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

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Senate Bill S56B

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