senate Bill S2807C

Signed By Governor
2011-2012 Legislative Session

Enacts into law major components of legislation necessary to implement the public protection and general government budget for the 2011-2012 state fiscal year

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 31, 2011 signed chap.57
Mar 30, 2011 delivered to governor
returned to senate
passed assembly
message of necessity - 3 day message
ordered to third reading rules cal.14
substituted for a4007c
referred to ways and means
delivered to assembly
passed senate
message of necessity
ordered to third reading cal.284
print number 2807c
amend (t) and recommit to finance
Mar 12, 2011 print number 2807b
amend (t) and recommit to finance
Feb 25, 2011 print number 2807a
amend (t) and recommit to finance
Feb 01, 2011 referred to finance

Votes

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Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S2807 - Bill Details

See Assembly Version of this Bill:
A4007C
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S2807 - Bill Texts

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Extends numerous provisions of law that were set to expire and be repealed, but that were otherwise necessary for the fiscal stability of the state and the health and safety of its citizens; authorizes the governor to close correctional facilities; relates to the public safety communications surcharge; relates to annual reports of costs related to the statewide wireless network; removes the salary provision of state liquor authority commissioners, other than the chairman; relates to self-insurers for workers' compensation purposes; relates to removing the salary provision for civil service commissioners other than the president; provides aid and incentives for municipalities; relates to aid to municipalities in which a video lottery terminal facility is located; creates citizens empowerment tax credits, local government citizens re-organization empowerment grants and the local government performance and efficiency program; streamlines the local government efficiency grant program; clarifies the state's obligation to make payments with respect to certain lands; allows the State University Downstate Medical Center to create a not-for-profit corporation; relates to New York state district attorney and indigent legal services attorney loan forgiveness program eligibility; and relates to the acquisition of the assets of Community-General Hospital of Greater Syracuse of SUNY Upstate Medical University.

view sponsor memo
BILL NUMBER:S2807

TITLE OF BILL:

An act
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 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 (Part A);
to amend chapter 503 of the laws of 2009 relating to the disposition of
certain monies recovered by county district attorneys before the filing
of an accusatory instrument, in relation thereto and the effective date
thereof (Part B);
to amend the correction law, in relation to the closure of
correctional facilities (Part C);
to amend the tax law, in relation to eliminating certain allowable uses
of revenue generated by the cellular surcharge (Part D);
to amend the executive law and the alcoholic beverage control law, in
relation to removing the salary provision for state liquor authority
commissioners, other than the chairman (Part E);
to amend the election law, in relation to eliminating certain publishing
requirements by state and local boards
of election
and to repeal certain provisions of
the election law relating thereto (Part F);
to amend the workers' compensation law, in relation to self-insurers;
and to repeal certain provisions of such law relating
thereto (Part G);
to amend the executive law and the civil service law, in relation to
removing the salary provision for civil service commissioners other than
the president (Part H);
to amend the state finance law, in relation to aid and incentives for
municipalities (Part I);
to amend the state finance law, in relation to a program of aid to
municipalities in which a video lottery terminal facility is
located (Part J);
to amend the state finance law, in relation to creating citizen
empowerment tax credits, local government citizens re-organization
empowerment grants and the local government performance and efficiency

program, and streamlining the local government efficiency grant
program (Part K);
to amend chapter 774 of the laws of 1989 amending the real property tax
law relating to certain state lands subject to taxation, in relation to
clarifying the state's obligation to make payments with respect to
certain lands (Part L);
to amend the state finance law, in
relation to reappropriation bills (Part M);
to provide for the administration of certain funds and accounts related
to the 2011-2012 budget; to authorize certain payments and transfers; to
amend the state finance law, in relation to the school tax relief fund;
to amend the state finance law, in relation to the issuance of revenue
bonds and in relation to mental health service facilities financing; 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 effectiveness of certain provisions thereof; to amend the
public authorities law, in relation to environmental infrastructure
projects; to amend chapter 61 of the laws of 2005, providing for the
administration of certain funds and accounts related to the 2005-2006
budget, chapter 81 of the laws of 2002, providing for the administration
of certain funds and accounts related to the 2002-2003 budget, chapter
389 of the laws of 1997, providing for the financing of the correctional
facilities improvement fund and the youth facility improvement fund,
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; to amend the state finance
law, in relation to certificates of participation; to amend the private
housing finance law, in relation
to housing program bonds and notes; 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 repeal
subdivision (b) of section 19-a of part PP of chapter 56 of the laws of
2009, providing
funding for certain community projects, relating to increasing such
funding, relating to certain monetary transfers;
to amend the public authorities law, in relation to voting of directors
of local government assistance corporation; to amend the public
authorities law, in relation to library construction; to amend the state
finance law, in relation to community enhancement facilities projects, to
amend chapter 432 of the laws of 1997, amending the state finance law
and other laws relating to the issuance of bonds or notes for community
enhancement facilities projects, in relation to
the amount of bonds issued
for community enhancement projects; to amend chapter 84 of the laws of
2002, relating to authorizing the New York state urban development
corporation and the dormitory authority of the state of New York to
issue bonds or notes for the purpose of financing certain project costs,
in relation to providing for the administration of certain funds and
accounts related to the 2002-2003 budget; to amend chapter 3 of the laws
of 2004,
relating to authorizing the New York state urban development
corporation and the dormitory authority of the state of New York to

issue bonds or notes, in relation to bonds or notes;
to amend chapter 59 of the laws of 2004,
relating to authorizing the New York state urban development
corporation and the dormitory authority of the state of New York to
issue bonds or notes, in relation to bonds or notes;
to amend chapter 59 of the laws of 2005, relating to the urban
development corporation bonding authority, in relation to the issuance
of bonds by the dormitory authority and the
New York state urban development
corporation; to amend chapter 161 of the laws of 2005, amending the
education law and other laws relating to issuance of bonds or notes, in
relation to the issuance of bonds by the dormitory authority and the
New York
state urban development corporation; to amend chapter 174 of the laws
of 1968 constituting the New York state urban development corporation
act, in relation to financing economic
development and regional
initiatives and in relation to the issuance of bonds or notes for the
purpose of funding project costs for regional economic development
council initiatives, communities impacted by the closure of New York
state prison and correctional facilities and other states' costs
associated with such projects;
to amend part JJ of chapter 56 of the laws of 2010, relating to
providing for the administration of certain funds and accounts related to
the 2010-2011 budget, in relation to the effectiveness thereof;
and providing for the repeal of certain provisions upon expiration
thereof (Part N); and
to repeal section 99-d of the state
finance law, relating to community projects fund (Part O)

PURPOSE:

This bill contains provisions needed to implement the Public
Protection and General Government portions of the 2011-12 Executive
Budget.

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

Part A - Extend various criminal justice programs that would otherwise
sunset.

PURPOSE:

This bill extends for three years various criminal justice programs
that would otherwise expire in 2011.

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 a host of criminal justice program. All of
these provisions have been extended previously and many have been
extended multiple times.

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

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget which relies on continuation of these programs in certain
Financial Plan projections.

EFFECTIVE DATE:

This bill takes effect immediately.

Part B - Make changes to provisions relating to the disposition of
certain monies recovered by New York City county district attorneys
and make those provisions permanent.

PURPOSE:

This bill applies the existing formula for distribution of certain
monies recovered by district attorneys in New York City to each
recovery made by such district attorneys, and makes the provisions
governing such recoveries permanent.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

This bill amends chapter 503 of the laws of 2009, as amended by
section 1 of part KK of chapter 56 of the laws of 2010, to adjust
the formula under which a county district attorney in New York City
retains a portion of recoveries it makes before the filing of an
accusatory instrument I and also makes that statute permanent: The
existing statute will otherwise expire on March 31, 2011.

Chapter 503 sets forth a formula for dividing up the cumulative amount
of such recoveries received by the district attorney within a State
fiscal year. Under this bill, the formula will
apply to each recovery, thereby providing the district attorney's
office with additional resources to pursue more investigations.

For the past several years, including 2010-11, the Manhattan District
Attorney's Office has recovered significant monies from

pre-indictment settlements (ie., pursuant to deferred prosecution
agreements). For the past two years, statutory language enacted with
the budget has directed a portion of those recoveries to the State
and the City in equal portions. This equal distribution is not
altered by this bill.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget. It is expected to generate an estimated $75 million in
revenue to the State in 2011-12.

EFFECTIVE DATE:

This bill takes effect immediately.

Part C - Eliminate the prison closure notification requirement and
modify the type of plan to be developed in the event of a prison
closure.

PURPOSE:

This bill expedites the prison closure process by eliminating the
requirement that the Commissioner of the Department of Correctional
Services issue notice one-year prior to closing a facility. In
addition, this bill provides a process for assisting communities
affected by a prison closure to transform their economy.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

Since December 1999, New York's prison population has fallen from a
peak of 71,600 inmates by more than 15,000 inmates, resulting in
significant unused prison capacity. As a result, the State began to
close facilities in 2009. Under current law, the Commissioner of th~
Department of Correctional Services is required to give notice one
year prior to closing a correctional facility, and to prepare an
adaptive re-use plan for the facility six - months prior to closure.
However, the State must be able to act more expeditiously to
eliminate excess prison capacity in order to use scarce taxpayer
dollars as efficiently and prudently as possible, particularly during
a period of fiscal exigency. The transfer of inmates into facilities
that are most efficient and offer more rehabilitative services will
yield significant recurring savings to taxpayers and is consistent
with public safety.

This bill will enable the Commissioner to more effectively manage the
State prison system by reducing excess bed capacity through
accelerated closure of entire facilities.
It also eliminates the requirement for a re-use plan prior to a
facility closure and instead
directs the Chairman of the Urban Development Corporation to prepare

an economic transformation plan for the impacted community, in
consultation with the corresponding regional development council, no
later than six months after the prison closure.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget as an undetermined amount of savings will be realized from
anticipated prison closures.

EFFECTIVE DATE:

This bill takes effect immediately

Part D - Eliminate cell surcharge subsidy to a revolving loan fund.

PURPOSE:

This bill changes the required use of cellular surcharge revenue by
eliminating the annual transfer of $1.5 million from the Statewide
Public Safety Communications Account to the Emergency Services
Revolving Loan Fund.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

The Emergency Services Revolving Loan Fund is established in section
97-pp of the State Finance Law as a means to assist local governments
in financing firefighter and emergency response equipment such as
ambulances and fire engines. Since it is structured as a revolving
loan fund (ie., payments of principal and interest are deposited back
into the fund) and presently there is an ample fund balance,
elimination of the annual transfer from the Statewide Public Safety
Communications Account should not diminish the ability of the
Revolving·Loan Fund's administrators to make new loans.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget, because it will support essential programs being
funded from the Statewide Public Safety Communications Account.

EFFECTIVE DATE:

This bill takes effect immediately.

Part E - Change the compensation for the commissioners of the State
Liquor Authority, other than the Chairman, from an annual salary to
per diem.

PURPOSE:

This bill changes the compensation of the Commissioners of the State
Liquor Authority, except for the Chairman, from an annual salary to
per diem.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

Currently, Commissioners and the Chairman of the State Liquor
Authority are compensated with an annual salary established in the
Executive Law. The Chairman, designated by the Governor, also serves
as the head of the Authority and will not be affected by this bill.

This bill amends Executive Law § 169(1)(f) to remove the
Commissioners of the State Liquor Authority, other than the Chairman
designated by the Governor as head of the Authority, from the
statutory salary list. The bill also amends the Alcoholic Beverage
Control Law to provide that the Commissioners other than the Chairman
shall receive per diem compensation at $260 per day and reimbursement
for their actual and necessary expenses. Since their duties are not
full time, per diem is more appropriate compensation than an annual
salary.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget, which assumes $220,000 in savings associated with
this legislation.

EFFECTIVE DATE:

This bill takes effect immediately.

Part F - Eliminate costly and unnecessary election law printing and
publication requirements.

PURPOSE:

This bill eliminates obsolete election law printing and publication
requirements.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

The bill's provisions will help the State Board of Elections (SBOE)
operate more efficiently by:

* Eliminating requirements for publication in hard-copy newspapers of
information related to constitutional amendments and ballot questions
in favor of posting and dissemination of such information on SBOE and
Department of State's websites; and

* Eliminating the requirement that certified copies of election
results be published in hard-copy newspapers and instead require that
such results be posted on the applicable county board of elections'
website(s).

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget as it will generate at least $70,000 in savings for
the State. Counties also should realize savings from this proposal.

EFFECTIVE DATE:

This bill takes effect immediately.

Part G - Provide for the close-out of most private group self-insured
workers compensation trusts to mitigate potential risk to the State
Financial Plan and to participating employers.

PURPOSE:

This bill implements the major recommendations of the Task Force on
Group Self-Insurance. Specifically, it eliminates, except under
certain limited circumstances, the provisions of workers'
compensation coverage for private employers by group self insured
trusts ("GSITs") and remove GSITs as a separate category for workers'
compensation assessments.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

Under existing law, employers who wish to self-insure for workers'
compensation may either self-insure individually or join together and
request approval to operate as a GSIT pursuant to Workers'
Compensation Law ("WCL") § 50(3-a). The members of a GSIT
proportionally share in any surplus which may have been generated by
the GSIT. and are jointly and severally liable for any deficit which
may occur when the contributions are inadequate to pay all of the
GSIT's obligations for a given period. GSITs must assure the Chair of
the Workers' Compensation Board of their ability to pay and make a
deposit of securities, but they are not required under existing law
to post a security for all liabilities, unlike an individual
self-insurer.

Since 2006, 19 GSITs have closed voluntarily, and 17 GSITs are
insolvent. Recent projections indicate that these groups have a
combined deficit of $800 million. Collection of moneys owed from
members of the defaulted GSITs has proven difficult, and litigation
has proliferated. To continue paying claims of injured workers'
covered by such defaulted GSITs, the Workers' Compensation Board has
assessed the "healthy" GSITs and individual self-insurers.

To address this significant problem; Chapter 139 of the Laws of 2008
created a Task Force of Group Self-Insurance (the "Task Force"), of
involved stakeholders and state representatives. On June 7, 2010, the
Task Force issued a comprehensive report with recommendations. The
report found that as presently constituted, GSITs impose an
unacceptable risk on the workers' compensation system and on the
employers who join them, and that these problems cannot be remedied
within the existing structure.

This bill largely implement the recommendations of the Task Force. It
will provide for the closing of virtually all private GSITs by the
end of the year. However, it creates an exception for those groups
(anticipated to be very limited in number) that are able to post
security for their liabilities in a manner comparable to an
individual self-insurer. It will also allow public employers' GSITs
to continue operating. In addition, the bill will cease assessments
of discontinued GSITs under WCL §§ 15(8) and 151. The employers in
such GSITs will procure insurance through other vehicles, and will
pay assessments as a result of such coverage., Moreover, terminating
these assessments will allow the closed, non-defaulted GSITs to stay
financially viable, preventing those GSITs from failing and thereby
creating another cycle of defaults, litigation, and funding
shortfalls. Terminated GSITs will remain liable (to the extent
permitted following the resolution of certain legal challenges) for
assessments under WCL section 50(5)(g), which provides funding to run
defaulted GSITs. Since those assessments are not made against all
employers, ceasing such assessments against terminated GSITs will
leave a funding gap that other self insurers will need to make-up.

This bill also repeals WCL Section 50(3-a)(9), relating to the
addition of new members to GSITs, amend the WCL to prohibit a GSIT
from insuring any liabilities after December 31, 2011 and allow GSITs
to self-insure if certain requirements are met. Furthermore, the bill
will subject entities that failed to pay a judgment under WCL section
26 within ninety days of notice of such failure to a "stop work" order.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget. If a GSIT becomes insolvent, the WCB must assure
continued payment of claims from assessment funds, which are not
collected for this purpose. The State has a vested interest in
ensuring that these liabilities do not continue to grow, via a
solution to the GSIT problem. This bill will address this problem by
stemming a significant and growing cycle of financial loss, allowing
closed GSITs to wind down their affairs in an orderly manner, and
eliminating a workers' compensation option that subjects employers to
excessive risk.

EFFECTIVE DATE:

This bill takes effect immediately, except that sections 1 and 6 take
effect January 1, 2011 and apply to any assessment cycle beginning on
or after such date, subject to WCL §15(8)(h)(4), as amended by this
bill.

Part H - Change the compensation for commissioners of the State Civil
Service Commission, other than the President, from an annual salary
to per diem.

PURPOSE:

This bill changes the compensation of commissioners of the State Civil
Service Commission, except for the President of the Commission. from
an annual salary to a per diem.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

This bill amends Executive Law §169 (1)(f) to remove the
commissioners of the State Civil Service Commission, other than the
commissioner designated by the Governor as President of the
Commission, from the statutory salary list. The bill also amends
Civil· Service Law § 5(2)(a) to provide that the commissioners of the
State Civil Service Commission other than the President shall receive
per diem compensation at $250 per day, and reimbursement for their
actual and necessary expenses. Since their duties are not full time,
per diem is more appropriate compensation than an annual salary.

Currently, all three commissioners of the State Civil Service
Commission are compensated with an annual salary established in the
Executive Law. The President of the Commission, designated by the
Governor, also serves as the head of the Department of Civil Service
and will not be affected by this bill.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget, as it produces savings of $133,000 from elimination
of the salaries of the two. commissioners (each currently receive an
annual salary of $90,800), offset by the estimated per diem costs.

EFFECTIVE DATE:

This bill takes effect immediately and applies to current members of
the Civil Service Commission.

Part I - Reduce Aid and Incentives for Municipalities (AIM) funding
for cities, towns and villages and eliminate AIM for New York City.

PURPOSE:

This bill eliminates Aid and Incentives for Municipalities (AIM) to
New York City (NYC), arid reduce AIM to other municipalities by 2
percent.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

This bill reduces total AIM funding in order to achieve General Fund
savings necessary to help balance the 2011-12 budget.

Under current law, in 2011-12 cities outside NYC would receive about
$664.8 million of AIM, while towns and villages would receive about
$69.8 million, for a total of $734.6 million. The City's AIM was
eliminated in 2010-11 on a one-year basis.

This bill eliminates AIM to New York City in 2011-12 and thereafter,
since the City relies on AIM much less than other municipalities. At
approximately 0.5 percent of total General Fund revenues, New York
City's AIM reliance is significantly lower than the average AIM
reliance for either other cities (22 percent of total General Fund
revenues) or towns and villages (0.8 percent of total All Funds
revenues). The bill would provide other municipalities with 2 percent
less AIM than they received in 2010-11.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget because it achieves approximately $321.5 million of
General Fund savings, broken down as follows: $301.7 million from New
York City, $17.7 million from other cities and $2.1 million from
towns and villages. After these reductions, in 2011-12 cities would
receive $647.1 million of AIM while towns and villages would receive
$67.6 million, for a total of $714.7 million.

EFFECTIVE DATE:

This bill takes effect April 1, 2011.

Part J - Eliminate Video lottery Terminal Aid to all eligible
municipalities other than Yonkers.

PURPOSE:

This bill eliminates aid to all eligible municipalities hosting a
video lottery terminal (VLT) facility other than the City of Yonkers.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

This bill amends State Finance Law to eliminate VLT aid to all
eligible municipalities other than the City of Yonkers, starting in
SFY 2011-12.

The State currently provides approximately $25.8 million of annual aid
to the municipalities that host seven VLT facilities across the
State. Of this amount, $19.6 million is distributed to the City of
Yonkers. The other $6.2 million is split among 15 different
municipalities.

This bill would preserve VLT aid to Yonkers because, unlike other
recipients of this aid, Yonkers is required to use the funding to
support its school district.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget because it achieves approximately $6.2 million in
General Fund savings.

EFFECTIVE DATE:

This bill takes effect immediately.

Part K - Create the Citizen Empowerment Tax Credit, the Citizens
Re-organization Empowerment Grants and the local Government
Performance and Efficiency Program, and streamline the local
Government Efficiency Grant Program.

PURPOSE:

This bill creates the Citizen Empowerment Tax Credit, the Citizens
Re-organization Empowerment Grants and the Local Government
Performance and Efficiency program, and streamlines the Local
Government Efficiency Grant Program.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

This bill ensures that local governments studying, planning for, or
implementing a consolidation or dissolution would be provided
funding to support these efforts. This funding will be provided
through the creation of the Citizens Re-organization Empowerment
Grants, valued at up to $100;000 per grant. The bill requires that
local governments that receive additional aid as the result of a
consolidation or dissolution use at least 50 percent of this aid for
property tax relief. This tax relief will be generated through the
creation of the Citizen Empowerment Tax Credit. These reforms are
necessary and timely. Since the enactment of the New York Government
Reorganization
and Citizen Empowerment Act, there has been increasing interest in,
and a significant need for, local government consolidation and
dissolution that ensures property tax relief.

This bill also creates the Local Government Performance and
Efficiency Program to recognize municipalities that have undertaken

actions that improve the overall efficiency of governmental
operations and produce quantifiable financial savings that reduce the
municipal tax burden on citizens. Awards through this Program, capped
at the lesser of $5 million or $25 per capita of the involved
municipalities, will be determined by the Secretary of State.
Ultimately the Program will create incentives for local governments
to take actions that will reduce the property tax burden on their
citizens.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget because it will encourage local government
consolidation or dissolution, improve government operating
efficiencies and promote local property tax relief.

EFFECTIVE DATE:

This bill takes effect April 1, 2011.

Part L - Clarify the State's obligation to make payments with respect
to certain lands.

PURPOSE:

This bill clarifies the State's obligation to make payments
with respect to certain lands.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

The State recently purchased lands in the Hemlock and Canadice lake
watersheds. This bill clarifies the State's obligation and ability to
make payments to local governments that were previously made by the
City of Rochester, by making clear that the appropriation authority
set forth in the FY 2011-12 Executive Budget is sufficient for such
purpose.

This clarification of the existing law ensures that the State is able
to meet its current obligation to make payments pursuant to the
statutory language that has been in effect since 1989.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget. It authorizes the State to make two required annual
payments, one each in 2011 and 2012, totaling $600,000 in State
Fiscal year 2011-12.

EFFECTIVE DATE:

This bill takes effect immediately.

Part M - Lapse aged State and local reappropriations.

PURPOSE:

This bill requires that all reappropriations, with the exception of
reappropriations for capital projects and federal purposes, lapse
five years after the close of the fiscal year in which they were
appropriated.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND
PRIOR LEGISLATIVE HISTORY:

This bill "cleans-up" budget legislation to ensure that aged
reappropriations, an abundance of which are no longer relevant or
have cashed-out, are eliminated. The bill employs sound budgetary and
accounting principles by ensuring that appropriations are used within
a reasonable amount of time or are revisited by decision-makers to
determine their relevance and necessity.

The bill requires that all reappropriations, with the exception of
reappropriations for capital projects and federal purposes, lapse
within five years after of the date on which the original legislation
would lapse in accordance with State Finance Law § 99-d. This bill
takes effect April 1, 2012. to ensure that State agencies and the
Legislature have sufficient time to manage this change.

BUDGET IMPLICATIONS:

This bill does not have direct budget implications; however, it is
necessary to enact appropriate reform beginning with the 2011-12
Budget.

EFFECTIVE DATE:

This bill takes effect April 1, 2012.

Part N - Authorize transfers, temporary loans and amendments to
miscellaneous capital/debt provisions, including bond caps.

PURPOSE:

This bill provides the statutory authorization necessary for the
administration of funds and accounts included in the 2011-12
Executive Budget, and proposes certain modifications to improve the
State's General Fund position within the upcoming fiscal year.

Specifically, the bill (1) authorizes temporary loans and deposits of
certain revenues to specific funds and accounts, (2) authorizes the
transfers and deposits of funds to and across various accounts, (3)
continues or extends various provisions of Chapter 56 of the Laws of
2010 in relation to capital projects and certain certifications, (4)

authorizes modifications to various debt provisions, and (5) modifies
various bond authorizations necessary to implement the budget.

SUMMARY OF PROVISIONS, EXISTING LAW, PRIOR LEGISLATIVE HISTORY,
AND STATEMENT IN SUPPORT:

Section 1 of this bill authorizes the Comptroller to make temporary
loans to specific State funds and accounts during the 2011-12 fiscal
year.

Section 1-a of this bill authorizes the Comptroller to make temporary
loans to accounts within specific Federal funds during the 2011-12
fiscal year.

Sections 2 through 5 of this bill authorize the Comptroller to make
transfers between designated funds and accounts.

Section 6 of this bill authorizes the Comptroller to deposit funds
into the Banking Services Account.

Section 7 of this bill authorizes the Dormitory Authority of the State
of New York (DASNY) to transfer $22 million to the State University
of New York (SUNY) for bondable equipment costs, which in turn would
be re-paid to the State General Fund.

Section 8 of this bill authorizes the SUNY Chancellor to transfer the
estimated tuition revenue balances from the State University
Collection Fund to the State University Fund, State University
Revenue Offset Account.

Section 9 of this bill authorizes the Comptroller, at the request of
the SUNY Chancellor, to transfer up to $50 million from the State
University Income Fund, State University Hospitals Income
Reimbursement Account and the State University Income Fund, Long
Island Veteran's Home Account to the State University Capital
Projects Fund.

Section 10 of this bill authorizes the Comptroller to transfer monies
from the State University Collection Fund, Stony Brook Hospital
Collection Account, Brooklyn Hospital Collection Account, and
Syracuse Hospital Collection Account to the State University Income
Fund, State University Hospitals Income Reimbursable Account in
amounts sufficient to permit the full transfer of moneys authorized
for transfer to the General Fund for SUNY hospital debt service.

Section 11 of this bill authorizes the Comptroller to make transfers
between the Miscellaneous Special Revenue Fund, the Patient Income
Account, the Mental Hygiene Program Fund Account, or the General Fund
in any combination, up to $350 million.

Section 12 of this bill authorizes the Comptroller to transfer the
unencumbered balance of any Special Revenue Fund to the General Fund,
up to $500 million.

Section 13 of this bill authorizes the Comptroller to transfer the
unencumbered balance of any non-General fund or account, in any
combination, to the General Fund, up to $75 million.

Section 14 of this bill authorizes the transfer of $100 million from
the Power Authority of the State of New York to the credit of the
General Fund by January 31, 2012.

Section 14-a of this bill authorizes a public benefit corporation to
make voluntary contributions to the State at any time from available
public benefit corporation funds in such amount~ as deemed to be
feasible and advisable by such public benefit corporation's governing
board after due consideration of the public benefit corporation's
legal and financial obligations.

Section 15 of this bill authorizes the Foundation for Science,
Technology, and Innovation to make a contribution to the State
Treasury to the credit of the General Fund for $500,000.

Section 16 of this bill amends State Finance Law (SFL) § 97-rrr to
allow the State Comptroller to make deposits in the School Tax Relief
Fund in fiscal year 2011-12.

Section 17 of this bill repeals § 19-a(b) of Part PP of Chapter 56 of
the Laws of 2009, providing funding for certain community projects.

Section 18 of this bill authorizes the Comptroller to deposit
reimbursements for certain capital spending from appropriations into
the Correctional Facilities Capital Improvement Fund by a Chapter of
the Laws of 2011.

Sections 19 through 34 of this bill authorize the Comptroller to
deposit reimbursements for certain capital spending from multiple
appropriations contained in various chapters of the laws of 2001
through 2011 into various funds, including the Capital Projects Fund.

Section 35 amends SFL § 68-b(8) to make permanent the ability of the
DASNY arid the Empire State Development Corporation (ESDC) to issue
Personal Income Tax (PIT) Revenue Bonds for any authorized purposes.

Section 36 of this bill amends SFL § 68-a(2) to extend the
authorization to issue Mental Health Bonds under the PIT credit
structure.

Section 37 of this bill amends § 51 of part RR of Chapter 57 of the
Laws of 2008, to make permanent provisions in existing law relating
to the treatment of refundings with variable rate obligations or swaps.

Section 38 of this bill increases the bond cap for financing
environmental infrastructure projects from $903 million to $916
million.

Section 39 of this bill increases the bond cap for financing of
capital projects for the Division of Military and Naval Affairs from
$18 million to $21 million.

Section 40 of this bill increases the bond cap for financing
improvements to State office buildings and other facilities from
$165.8 million to $205.8 million.

Section 41 of this bill increases the bond cap for financing
Certificates of Participation from $751 million to $784 million.

Section 42 of this bill increases the bond cap for financing
correctional facilities from $6.164 billion to $6.490 billion.

Section 43 of this bill increases the bond cap for financing the Youth
Facilities Improvement Fund from $379.5 million to $429.5 million.

Section 44 of this bill increases the bond cap for financing housing
programs from $2.532 billion to $2.636 billion.

Section 45 of this bill increases the bond cap for financing SUNY
student dormitory facilities from $1.230 billion to $1.561 billion.

Section 46 of this bill increases the bond cap for financing local
highway projects from $6.287 billion to $6.695 billion.

Sections 47 and 48 of this bill amend provisions relating to the
governance of the Board of the Local Government Assistance Corporation
(LGAC) and timing of certain provisions relating to the competitive
sale of bonds.

Section 49 of this bill increases the bond cap for library facilities
from $70 million to $84 million.

Sections 50 through 58 of this bill amend various economic development
bond caps for the purpose of reallocating $231 million of existing
bonding authorizations into a new bond cap authorizing the financing
of project costs for the Regional Economic Development Council
Initiative, the Economic Transformation Program and other associated
State costs.

Section 58-a of this bill provides a technical change relating to the
effective date of a bond cap.

Section 59 of this bill makes it effective immediately, and deemed in
full force and effect on and after April 1, 2011; provided, however,
that sections one through fourteen-a and
eighteen through twenty-eight of this bill shall expire March 31,

2012, when upon such date, the provisions of such sections shall be
deemed repealed.

This bill is necessary to execute a balanced Financial Plan in
accordance with the 201112 Executive Budget. Similar legislation is
enacted annually that authorizes the transfer of funds budgeted in
the Financial Plan (such transfers do not have permanent
statutory authorization), and provides for other transactions
necessary to maintain a balanced Financial Plan.

In addition, the SFL requires statutory authorization for funds and
accounts to receive temporary loans from the State Treasury. Similar
provisions were enacted to implement the 2010-11 Budget, and they
must be extended to implement the 2011-12 Budget.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget. Similar legislation is enacted annually to authorize the
transfer of funds budgeted in the Financial Plan, and 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 Fund spending with the proceeds of bonds
sold by public authorities, to ensure the continued borrowing
necessary for certain State-supported debt issuances to implement
the budget, and to permit the State to carry out basic administrative
functions.

EFFECTIVE DATE:

This bill takes effect immediately and would be deemed in full force
and effect on and after April 1, 2011; provided, however. that
sections one through fourteen-a and eighteen through twenty-eight
of this bill shall expire March 31, 2012, when upon such date, the
provisions of such sections shall be deemed repealed.

Part 0 - Repeal the Community Projects Fund.

PURPOSE:

This bill provides the statutory authorization to repeal section 99-d
of the State Finance Law, relating to the community projects fund.

SUMMARY OF PROVISIONS, EXISTING LAW, PRIOR LEGISLATIVE HISTORY,
AND STATEMENT IN SUPPORT:

Section 1 of this bill repeals SFL § 99-d, in relation t9 the
community projects fund.

Section 2 of this bill authorizes the Comptroller to transfer
undisbursed monies to the general fund/state purposes account on or
after September 16, 2011.

BUDGET IMPLICATIONS:

The Community Projects Fund was created in 1996 to account for
spending and appropriations made to individual civic, cultural,
religious and charitable organizations.

On average, Community Projects Fund spending totals roughly $155
million a year. In 2009-10, spending was roughly $141 million.

In the current fiscal situation, such expenditures from the Community
Project Fund are inconsistent with the need to reduce discretionary
spending and restore structural budget balance.

EFFECTIVE DATE:

This bill takes effect September 16, 2011.

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.

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

    S. 2807                                                  A. 4007

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

                            February 1, 2011
                               ___________

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

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

AN ACT 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 proce-
  dure 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12570-01-1

S. 2807                             2                            A. 4007

  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 (Part A); to amend chapter 503 of the laws of 2009 relat-
  ing  to the disposition of certain monies recovered by county district
  attorneys before the filing of an accusatory instrument,  in  relation
  thereto  and  the  effective  date  thereof  (Part  B);  to  amend the
  correction law, in relation to the closure of correctional  facilities
  (Part  C);  to  amend  the tax law, in relation to eliminating certain
  allowable uses of revenue generated by the  cellular  surcharge  (Part
  D);  to  amend    the executive law and the alcoholic beverage control
  law, in relation to removing the salary  provision  for  state  liquor
  authority  commissioners,  other  than the chairman (Part E); to amend
  the election  law,  in  relation  to  eliminating  certain  publishing
  requirements  by  state  and  local  boards  of election and to repeal
  certain provisions of the election law relating thereto (Part  F);  to
  amend the workers' compensation law, in relation to self-insurers; and
  to repeal certain provisions of such law relating thereto (Part G); to
  amend  the  executive  law  and  the civil service law, in relation to
  removing the salary provision for civil  service  commissioners  other
  than  the  president  (Part  H);  to  amend  the state finance law, in
  relation to aid and incentives for municipalities (Part I);  to  amend

S. 2807                             3                            A. 4007

  the  state  finance  law,  in  relation to a program of aid to munici-
  palities in which a video lottery terminal facility is  located  (Part
  J);  to  amend  the state finance law, in relation to creating citizen
  empowerment  tax  credits,  local  government citizens re-organization
  empowerment grants and the local government performance and efficiency
  program,  and  streamlining  the  local  government  efficiency  grant
  program  (Part  K);  to amend chapter 774 of the laws of 1989 amending
  the real property tax law relating to certain state lands  subject  to
  taxation,  in  relation  to  clarifying the state's obligation to make
  payments with respect to certain lands (Part L); to  amend  the  state
  finance law, in relation to reappropriation bills (Part M); to provide
  for  the  administration  of certain funds and accounts related to the
  2011-2012 budget; to authorize  certain  payments  and  transfers;  to
  amend  the  state  finance  law,  in relation to the school tax relief
  fund; to amend the state finance law, in relation to the  issuance  of
  revenue  bonds  and  in  relation  to mental health service facilities
  financing; 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 effectiveness of certain provisions thereof; to
  amend the public authorities law, in relation to environmental infras-
  tructure projects; to amend chapter 61 of the laws of 2005,  providing
  for  the  administration  of certain funds and accounts related to the
  2005-2006 budget, chapter 81 of the laws of 2002,  providing  for  the
  administration  of certain funds and accounts related to the 2002-2003
  budget, chapter 389 of the laws of 1997, providing for  the  financing
  of the correctional facilities improvement fund and the youth facility
  improvement  fund, chapter 329 of the laws of 1991, amending the state
  finance law and other laws relating to the establishment of the  dedi-
  cated  highway  and bridge trust fund; to amend the state finance law,
  in relation to certificates of participation;  to  amend  the  private
  housing  finance  law, in relation to housing program bonds and notes;
  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 repeal subdivision (b) of section  19-a  of
  part  PP  of  chapter  56  of  the laws of 2009, providing funding for
  certain community  projects,  relating  to  increasing  such  funding,
  relating  to  certain monetary transfers; to amend the public authori-
  ties law, in relation to  voting  of  directors  of  local  government
  assistance  corporation;  to  amend  the  public  authorities  law, in
  relation to library construction; to amend the state finance  law,  in
  relation  to community enhancement facilities projects, to amend chap-
  ter 432 of the laws of 1997, amending the state finance law and  other
  laws relating to the issuance of bonds or notes for community enhance-
  ment  facilities  projects,  in relation to the amount of bonds issued
  for community enhancement projects; to amend chapter 84 of the laws of
  2002, relating to authorizing the New  York  state  urban  development
  corporation  and  the  dormitory authority of the state of New York to
  issue bonds or notes for the  purpose  of  financing  certain  project
  costs,  in  relation  to  providing  for the administration of certain
  funds and accounts related to the 2002-2003 budget; to amend chapter 3
  of the laws of 2004, relating to authorizing the New York state  urban
  development  corporation  and  the dormitory authority of the state of
  New York to issue bonds or notes, in relation to bonds  or  notes;  to
  amend  chapter 59 of the laws of 2004, relating to authorizing the New
  York state urban development corporation and the  dormitory  authority
  of the state of New York to issue bonds or notes, in relation to bonds

S. 2807                             4                            A. 4007

  or  notes;  to  amend  chapter 59 of the laws of 2005, relating to the
  urban development corporation bonding authority, in  relation  to  the
  issuance  of  bonds  by the dormitory authority and the New York state
  urban  development  corporation;  to  amend chapter 161 of the laws of
  2005, amending the education law and other laws relating  to  issuance
  of  bonds or notes, in relation to the issuance of bonds by the dormi-
  tory authority and the New York state urban  development  corporation;
  to  amend  chapter  174  of the laws of 1968 constituting the New York
  state urban development corporation  act,  in  relation  to  financing
  economic  development  and regional initiatives and in relation to the
  issuance of bonds or notes for the purpose of  funding  project  costs
  for  regional  economic  development  council initiatives, communities
  impacted by the closure of New  York  state  prison  and  correctional
  facilities  and  other states' costs associated with such projects; to
  amend part JJ of chapter 56 of the laws of 2010, relating to providing
  for the administration of certain funds and accounts  related  to  the
  2010-2011  budget,  in  relation  to  the  effectiveness  thereof; and
  providing for the repeal of certain provisions upon expiration thereof
  (Part N); and to repeal section 99-d of the state finance law,  relat-
  ing to community projects fund (Part O)

  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 2011-2012
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through O. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Section 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 U of chapter 56 of the  laws  of  2009,  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,
[2011] 2014.
  S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive  law  and  the  criminal  procedure  law  relating to expanding the
geographic area of employment of certain police officers, as amended  by
section  2  of  part  U of chapter 56 of the laws of 2009, 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, [2011] 2014, when  it
shall expire and be deemed repealed.

S. 2807                             5                            A. 4007

  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 U of chapter 56 of the laws of  2009,  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, [2011] 2014.
  S 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other  chapters and laws relating to correctional facilities, as amended
by section 4 of part U of chapter 56 of the laws of 2009, 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, [2011]  2014  and  shall  not  apply  to  persons
committed to the custody of the department after such date, and provided
further that the commissioner of correctional services shall report each
January  first and July first during such time as the earned eligibility
program is in effect, to the chairmen of the senate crime victims, crime
and correction committee,  the  senate  codes  committee,  the  assembly
correction committee, and the assembly codes committee, the standards in
effect  for  earned  eligibility  during the prior six-month period, the
number of inmates subject to the provisions of earned  eligibility,  the
number  who  actually received certificates of earned eligibility during
that period of time, the number of inmates  with  certificates  who  are
granted  parole  upon  their  first consideration for parole, the number
with certificates who are denied parole upon their first  consideration,
and the number of individuals granted and denied parole who did not have
earned eligibility certificates.
  S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending  the tax law and other laws relating to taxes, surcharges, fees
and funding, as amended by section 5 of part U of chapter 56 of the laws
of 2009, 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, [2011] 2014 and be applicable
to all persons entering the program on or before August 31, [2011] 2014.
  S 6. Section 10 of chapter 339 of  the  laws  of  1972,  amending  the
correction  law  and  the  penal  law  relating  to inmate work release,
furlough and leave, as amended by section 6 of part U of chapter  56  of
the laws of 2009, 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,  [2011]  2014,  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 U of chapter 56 of
the laws of 2009, is amended to read as follows:

S. 2807                             6                            A. 4007

  (c) sections forty-one and forty-two of this act shall expire  Septem-
ber  1,  [2011] 2014; provided, that the provisions of section forty-two
of this act shall apply to inmates entering the work release program  on
or after such effective date; and
  S  8.  Section  5  of  chapter  554  of the laws of 1986, amending the
correction law and the penal law relating  to  providing  for  community
treatment  facilities  and establishing the crime of absconding from the
community treatment facility, as amended by section 8 of part U of chap-
ter 56 of the laws of 2009, 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, [2011] 2014, and provided further
that the commissioner of correctional services shall report each January
first and July first during such time as this legislation is in  effect,
to  the  chairmen  of  the  senate  crime  victims, crime and correction
committee, the senate codes committee, the assembly  correction  commit-
tee, and the assembly codes committee, the number of individuals who are
released to community treatment facilities during the previous six-month
period,  including  the  total number for each date at each facility who
are not residing within the facility, but who are required to report  to
the facility on a daily or less frequent basis.
  S  9.  Subdivision  h  of section 74 of chapter 3 of the laws of 1995,
amending the correction law and other laws relating to the incarceration
fee, as amended by section 9 of part U of chapter  56  of  the  laws  of
2009, 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, [2011] 2014, when upon such date  the
amendments  to  the correction law and penal law made by sections fifty-
five and fifty-six of this act shall revert to and be  read  as  if  the
provisions  of  this  act  had not been enacted; provided, however, that
sections sixty-two, sixty-three and sixty-four  of  this  act  shall  be
deemed  to have been in full force and effect on and after March 1, 1995
and shall be deemed repealed April  1,  1996  and  upon  such  date  the
provisions  of  subsection  (e) of section 9110 of the insurance law and
subdivision 2 of section 89-d of the state finance law shall  revert  to
and  be  read  as  set  out in law on the date immediately preceding the
effective date of sections sixty-two and sixty-three of this act;
  S 10. Subdivision (z) of section 427 of chapter  55  of  the  laws  of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees  and  funding,  as amended by section 10 of part U of chapter 56 of
the laws of 2009, 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]
DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION  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, [2011] 2014;
  S  11.  Subdivision  (aa)  of section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 11 of part U of  chapter  56  of
the laws of 2009, is amended to read as follows:

S. 2807                             7                            A. 4007

  (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, [2011] 2014;
  S  12.  Section  12  of  chapter 907 of the laws of 1984, amending the
correction law, the New York city criminal court act and  the  executive
law  relating  to  prison and jail housing and alternatives to detention
and incarceration programs, as amended by section 12 of part U of  chap-
ter 56 of the laws of 2009, 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, [2011] 2014 on which date those
provisions shall be deemed to be repealed.
  S 13.  Subdivision (p) of section 406 of chapter 166 of  the  laws  of
1991,  amending the tax law and other laws relating to taxes, as amended
by section 13 of part U of chapter 56 of the laws of 2009, is amended to
read as follows:
  (p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this act shall not apply to any offense committed prior to  such  effec-
tive  date;  provided,  further, that section three hundred forty-one of
this act shall take effect immediately and shall expire November 1, 1993
at which time it  shall  be  deemed  repealed;  sections  three  hundred
forty-five  and  three  hundred  forty-six of this act shall take effect
July 1, 1991; sections three hundred fifty-five,  three  hundred  fifty-
six,  three hundred fifty-seven and three hundred fifty-nine of this act
shall take effect immediately and shall expire June 30, 1995  and  shall
revert to and be read as if this act had not been enacted; section three
hundred  fifty-eight of this act shall take effect immediately and shall
expire June 30, 1998 and shall revert to and be read as if this act  had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven  of  this  act  shall apply to claims filed on or after such
effective date; sections three hundred sixty-nine, three hundred  seven-
ty-two,  three  hundred seventy-three, three hundred seventy-four, three
hundred seventy-five and three hundred seventy-six  of  this  act  shall
remain  in  effect  until  September  1, [2011] 2014, at which time they
shall  be  deemed  repealed;  provided,  however,  that  the   mandatory
surcharge  provided  in  section  three hundred seventy-four of this act
shall apply to parking violations occurring on or after  said  effective
date;  and  provided  further that the amendments made to section 235 of
the vehicle and traffic law by section three hundred seventy-two of this
act, the amendments made to section 1809 of the vehicle and traffic  law
by sections three hundred thirty-seven and three hundred thirty-eight of
this  act  and  the amendments made to section 215-a of the labor law by
section three hundred seventy-five of this act shall expire on September
1, [2011] 2014 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-

S. 2807                             8                            A. 4007

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 U of chapter 56 of the laws  of  2009,  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 [eleven] FOURTEEN.
  S 15. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle  and  traffic law relating to the ignition interlock device program,
as amended by section 15 of part U of chapter 56 of the laws of 2009, is
amended to read as follows:
  S 6. This act shall take  effect  on  the  first  day  of  April  next
succeeding  the  date  on  which  it  shall have become a law; provided,
however, that effective immediately, the addition, amendment  or  repeal
of  any rule or regulation necessary for the implementation of the fore-
going sections of this act on their effective  date  is  authorized  and
directed  to  be made and completed on or before such effective date and
shall remain in full force and effect until the first day of  September,
[2011]  2014  when  upon  such  date the provisions of this act shall be
deemed repealed.
  S 16. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-
ous provisions, as amended by section 16 of part U of chapter 56 of  the
laws of 2009, 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, [2011] 2014;
  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 17 of part U of  chap-
ter 56 of the laws of 2009, 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,  [2011]
2014, when upon such date it shall expire.
  S  18. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
constituting the family protection and  domestic  violence  intervention
act  of  1994,  as  amended by section 18 of part U of chapter 56 of the
laws of 2009, is amended to read as follows:

S. 2807                             9                            A. 4007

  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,  [2011]
2014.
  S 19. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal  procedure law relating to the use of closed-circuit television and
other protective measures for certain child  witnesses,  as  amended  by
section  19  of  part U of chapter 56 of the laws of 2009, 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, [2011] 2014, when upon such
date the provisions of this act shall be deemed repealed.
  S 20. Subdivision d of section 74 of chapter 3 of the  laws  of  1995,
enacting  the sentencing reform act of 1995, as amended by section 21 of
part U of chapter 56 of the laws of 2009, is amended to read as follows:
  d. Sections one-a through twenty,  twenty-four  through  twenty-eight,
thirty  through  thirty-nine, forty-two and forty-four of this act shall
be deemed repealed on September 1, [2011] 2014;
  S 21. 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 section 23 of part U of chapter 56 of the laws
of 2009, 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, [2011] 2014 when upon such date the provisions of this act
shall be deemed repealed.
  S 22. This act shall take effect immediately.

                                 PART B

  Section 1. Sections 1 and 2 of part H of chapter 503 of  the  laws  of
2009  relating to the disposition of monies recovered by county district
attorneys before the filing of an accusatory instrument, as  amended  by
section  1  of part KK of chapter 56 of the laws of 2010, are amended to
read as follows:
  Section 1. When a county district attorney of a county  located  in  a
city  of  one  million  or  more recovers monies before the filing of an
accusatory instrument as defined in subdivision 1 of section 1.20 of the
criminal procedure law, after injured parties  have  been  appropriately
compensated, the district attorney's office shall retain a percentage of
the remaining such monies in recognition that such monies were recovered
as  a result of investigations undertaken by such office. [The] FOR EACH
RECOVERY THE total amount of such monies to be retained  by  the  county
district  attorney's office shall equal ten percent of the first twenty-
five million dollars received by such office [during  the  state  fiscal
year],  plus  seven and one-half percent of such monies received by such
office in excess of twenty-five million  dollars  but  less  than  fifty
million  dollars,  plus five percent of any such monies received by such
office in excess of fifty million dollars  but  less  than  one  hundred
million dollars, plus one percent of such monies received by such office
in  excess of one hundred million dollars.  The remainder of such monies
shall be paid by the district attorney's office to the state and to  the

S. 2807                            10                            A. 4007

county in equal amounts within thirty days of receipt, where disposition
of  such  monies is not otherwise prescribed by law.  Monies distributed
to a county district attorney's office pursuant to this section shall be
used  to  enhance  law enforcement efforts [and shall not supplant funds
for  ordinary  budgetary  costs  including  salaries  of  personnel  and
expenses of district attorneys].
  S  2. This act shall take effect immediately [and shall remain in full
force and effect until the last day of March, 2011, when it shall expire
and be deemed repealed].
  S 2. This act shall take effect immediately.

                                 PART C

  Section 1. Section 79-a of the correction law, as amended by section 1
of part H of chapter 56 of the laws of  2009,  is  amended  to  read  as
follows:
  S  79-a.  Closure  of  correctional  facilities[;  notice]. Before the
closure of any correctional facility,[,] for reasons  other  than  those
set forth in paragraph (a) of subdivision eight of section forty-five of
this chapter, the commissioner shall [take the following actions:
  1.] confer with the department of civil service, the governor's office
of employee relations and any other appropriate state agencies to devel-
op strategies which attempt to minimize the impact of the closure on the
state work force[;
  2.  consult  with the department of economic development and any other
appropriate state agencies to develop strategies which attempt to  mini-
mize  the  impact  of such closures on the local and regional economies;
and
  3. provide notice by certified mail to (i) all  local  governments  of
any political subdivision in which the correctional facility is located,
(ii)  all employee labor organizations operating within, or representing
employees of, the correctional facility, and (iii) managerial and confi-
dential employees employed within the  correctional  facility  at  least
twelve months prior to any such closure].
  S  2.  Section  79-b of the correction law, as amended by section 1 of
part MM of chapter 56 of the  laws  of  2010,  is  amended  to  read  as
follows:
  S  79-b.  [Adaptive  reuse  plan  for  consideration  prior  to prison
closure] ECONOMIC TRANSFORMATION PROGRAM.   Not later  than  six  months
[prior  to  the  effective  date of] AFTER THE closure of a correctional
facility, the [commissioner of economic  development]  CHAIRMAN  OF  THE
URBAN  DEVELOPMENT  CORPORATION  shall[,]  SUBMIT  A  PLAN  DEVELOPED in
consultation with the [commissioner, the commissioners of civil service,
general services and the division  of  criminal  justice  services,  the
director  of  the  governor's office of employee relations, officials of
all local governments of any political subdivision in which the  correc-
tional  facility  is located and any other appropriate state agencies or
authorities, provide a report for an adaptive reuse plan for any facili-
ty slated for closure which will evaluate the community  impact  of  the
proposed closure including but not limited to the following factors: the
potential  to utilize the property for another state government purpose,
including for a new purpose  as  part  of  the  state  criminal  justice
system;  potential  for  the sale or transfer of the property to a local
government or other governmental entity; potential for the sale  of  the
property  to  a private entity for development into a business, residen-
tial or other purpose; community input for local  development;  and  the

S. 2807                            11                            A. 4007

condition  of  the  facility  and  the  investments required to keep the
structure in good repair, or to  make  it  viable  for  reuse]  REGIONAL
DEVELOPMENT COUNCIL REPRESENTING THE IMPACTED COMMUNITY. SUCH PLAN SHALL
CONTAIN  RECOMMENDATIONS  TO MINIMIZE THE ECONOMIC IMPACT OF THE CLOSURE
ON THE COMMUNITY IN WHICH THE CLOSED FACILITY IS LOCATED.
  S 3. This act shall take effect immediately.

                                 PART D

  Section 1. Subdivision 6 of section 186-f of the tax law, as added  by
section  3 of part B of chapter 56 of the laws of 2009, paragraph (c) as
amended by section 38 and paragraph (d) as amended and paragraph (e)  as
added  by  section  39  of  part B of chapter 56 of the laws of 2010, is
amended to read as follows:
  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)]  Up  to  the  sum of seventy-five million dollars annually may be
used for the provision of grants or reimbursements to counties  for  the
development, consolidation, or operation of public safety communications
systems or networks designed to support statewide interoperable communi-
cations  for  first  responders, to be distributed pursuant to standards
and guidelines issued by the state. Annual  grants  may  consider  costs
borne  by  a municipality related to the issuance of local public safety
communications bonds pursuant to section twenty-four hundred  thirty-two
of the public authorities law, when the municipality has qualified as an
approved  participant in a statewide interoperable communications system
under the standards and guidelines issued by the  state,  and  maintains
compliance  with such standards and guidelines. The grant amount will be
prescribed pursuant to an agreement with the municipality, and  may  not
exceed  thirty  percent  of the annual cost borne by the municipality in
relation to such bonds;
  [(d)] (C) To provide the costs of debt service  for  bonds  and  notes
issued   to   finance  expedited  deployment  funding  pursuant  to  the
provisions of section three hundred thirty-three of the county  law  and
section sixteen hundred eighty-nine-h of the public authorities law; and
  [(e)] (D) [services] SERVICES and expenses that support the operations
and  mission of the division of homeland security and emergency services
as appropriated by the legislature.
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1. Paragraph (f) of subdivision 1 of section 169 of the execu-
tive law, as separately amended by section 11 of part A-1 and section 10
of part O of chapter 56 of the laws of  2010,  is  amended  to  read  as
follows:
  (f)  executive  director  of adirondack park agency, [commissioners of
the state liquor authority,] commissioners of the  state  civil  service
commission,  members of state commission of correction, members of unem-

S. 2807                            12                            A. 4007

ployment insurance appeal board, and members  of  the  workers'  compen-
sation board.
  S  2.  Section 11 of the alcoholic beverage control law, as amended by
chapter 83 of the laws of 1995, is amended to read as follows:
  S 11. Appointment of authority.  The members of the authority shall be
appointed by the governor by and with the  advice  and  consent  of  the
senate.  Not  more than two members of the authority shall belong to the
same political party.   The chairman of  the  state  alcoholic  beverage
control  board  heretofore  appointed and designated by the governor and
the remaining members of such board heretofore appointed by the governor
shall continue to serve as chairman and members of the  authority  until
the  expiration  of  the respective terms for which they were appointed.
Upon the expiration of such respective  terms  the  successors  of  such
chairman  and  members  shall  be appointed to serve for a term of three
years each and until their successors have been appointed and qualified.
THE COMMISSIONERS, OTHER THAN THE CHAIRMAN SHALL,  WHEN  PERFORMING  THE
WORK  OF  THE  AUTHORITY,  BE COMPENSATED AT A RATE OF TWO HUNDRED SIXTY
DOLLARS PER DAY, TOGETHER WITH AN ALLOWANCE  FOR  ACTUAL  AND  NECESSARY
EXPENSES  INCURRED  IN THE DISCHARGE OF THEIR DUTIES. THE CHAIRMAN SHALL
RECEIVE AN ANNUAL SALARY ESTABLISHED IN SECTION ONE  HUNDRED  SIXTY-NINE
OF THE EXECUTIVE LAW.
  S 3. This act shall take effect immediately.

                                 PART F

  Section  1.  Subdivision  2  of  section  4-126 of the election law is
REPEALED.
  S 2. Subdivision 2 of section 9-212 of the election law, as amended by
chapter 635 of the laws of 1990, is amended to read as follows:
  2. All such determinations shall be  in  writing  and  signed  by  the
members  of  the  canvassing  board  or a majority of them and filed and
recorded in the office of the board of elections. Except in the city  of
New  York  and  in  the  counties of Nassau, Orange and Westchester, the
board of elections shall cause a copy of such determinations, and of the
statements filed in its  office  upon  which  such  determinations  were
based,  to  be  [published  once in each of the newspapers designated to
publish election  notices  and  the  official  canvass]  POSTED  ON  ITS
WEBSITE.  The  statement  of  canvass to be [published] POSTED, however,
shall not give the vote by election districts but shall contain only the
total vote for a person, or the  total  vote  for  and  the  total  vote
against a ballot proposal, cast within the county, or within the portion
thereof,  if  any,  in  which  an office is filled or ballot proposal is
decided by the voters if the canvass of the vote thereon  devolves  upon
the county board of canvassers. Such totals shall be expressed in arabic
numerals.
  S 3. Section 4-116 of the election law, the section heading as amended
by  chapter 234 of the laws of 1976, subdivision 1 as amended by chapter
341 of the laws of 1995, and subdivisions 2 and 3 as amended by  chapter
60 of the laws of 1993, is amended to read as follows:
  S  4-116.  Constitutional  amendments and questions; publication of by
state board of elections and secretary of state.  1.  The  secretary  of
state  shall  cause  each concurrent resolution of the two houses of the
legislature agreeing to a proposed amendment to  the  constitution  that
has  been  referred  to the legislature to be chosen at the next general
election to be [published] POSTED ON ITS WEBSITE at least once  in  each
of  the  three  months  next preceding such election. Such [publication]

S. 2807                            13                            A. 4007

POSTING shall include the information that such amendment  has  been  so
referred.
  2.  The  state  board of elections shall [publish] POST ON ITS WEBSITE
once in the week preceding any election at which proposed constitutional
amendments or other propositions or questions are to be submitted to the
voters of the state an abstract of such amendment or question,  a  brief
statement  of  the  law  or  proceedings  authorizing such submission, a
statement that such submission will be made and the form in which it  is
to be submitted.
  [3.  Publication  required by subdivision two of this section shall be
in one newspaper of general circulation in each county.]
  S 4. This act shall take effect April 1, 2011.

                                 PART G

  Section 1. The opening paragraph of subparagraph 4 of paragraph (h) of
subdivision 8 of section 15 of the workers' compensation law, as amended
by section 1 of part QQ of chapter 56 of the laws of 2009, is amended to
read as follows:
  As soon as practicable after May first in the  year  nineteen  hundred
fifty-eight,  and annually thereafter as soon as practicable after Janu-
ary 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, AND all insurance carriers [and group self-in-
surers,] (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 antic-
ipated  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, AND 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 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

S. 2807                            14                            A. 4007

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 allo-
cated  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  standard premium by each such insurance carrier bore to the total
standard premium reported by all insurance carriers during the  calendar
year which ended within said preceding 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 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 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,
"standard premium" shall mean the premium as defined for the purposes of
this assessment by the superintendent 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 multi-
plied 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-insurer 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 article, 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  and the chair of the board. Such surcharge shall be considered as
part of premium for purposes prescribed by law including, but not limit-
ed to, computing premium tax, reporting to the superintendent of  insur-

S. 2807                            15                            A. 4007

ance  pursuant  to section ninety-nine of this chapter and section three
hundred seven of  the  insurance  law,  determining  the  limitation  of
expenditures for the administration of the state insurance fund pursuant
to  section  eighty-eight  of  this  chapter  and the cancellation by an
insurance carrier, including the state insurance fund, of a  policy  for
non-payment of premium. The provisions of this paragraph shall not apply
with  respect to policies containing coverage pursuant to subsection (j)
of section three thousand four  hundred  twenty  of  the  insurance  law
relating  to  every  policy  providing  comprehensive personal liability
insurance on a one, two, three or four family  owner-occupied  dwelling.
The  state insurance fund shall[,] notify its insureds that such assess-
ments, 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
SECTION,  A  "SELF-INSURER"  SHALL  BE:    (I) AN EMPLOYER AUTHORIZED TO
SELF-INSURE UNDER SUBDIVISION THREE OF SECTION FIFTY  OF  THIS  CHAPTER,
ACTIVE  GROUPS  AUTHORIZED  PURSUANT  TO  SUBDIVISION THREE-A OF SECTION
FIFTY OF THIS CHAPTER OR A GROUP OF EMPLOYERS AUTHORIZED TO  SELF-INSURE
UNDER  PARAGRAPH  TEN  OF  SUBDIVISION  THREE-A OF SECTION FIFTY OF THIS
CHAPTER; OR (II) A PUBLIC EMPLOYER AUTHORIZED AS SET FORTH IN  PARAGRAPH
A  OF  SUBDIVISION  FOUR OF SECTION FIFTY OF THIS CHAPTER TO SELF-INSURE
UNDER SUBDIVISION THREE, THREE-A OR FOUR OF SUCH SECTION OR ARTICLE FIVE
OF THIS CHAPTER, WHETHER INDIVIDUALLY OR AS A GROUP.
  S 2. Subdivision 3 of section 50 of the workers' compensation law,  as
amended  by chapter 6 of the laws of 2007, the second undesignated para-
graph as amended by section 3 of part R of chapter 56  of  the  laws  of
2010, is amended to read as follows:
  3.  By  furnishing  satisfactory  proof  to the chair of his financial
ability to pay such compensation for himself, OR  TO  PAY  SUCH  COMPEN-
SATION  ON BEHALF OF A GROUP OF EMPLOYERS IN ACCORDANCE WITH SUBDIVISION
TEN OF THIS SECTION, in which case the chair shall require  the  deposit
with the chair of such securities as the chair may deem necessary of the
kind  prescribed  in  subdivisions  one,  two, three, four and five, and
subparagraph (a) of paragraph three of subdivision seven of section  two
hundred  thirty-five  of the banking law, or the deposit of cash, or the
filing of irrevocable letters of credit issued by  a  qualified  banking
institution  as  defined by rules promulgated by the chair or the filing
of a bond of a surety company authorized to transact  business  in  this
state,  in  an  amount to be determined by the chair, or the posting and
filing as aforesaid of a combination of such  securities,  cash,  irrev-
ocable  letters  of credit and surety bond in an amount to be determined
by the chair, to secure his liability to pay the  compensation  provided
in this chapter. Any such surety bond must be approved as to form by the
chair.  If  an employer OR GROUP OF EMPLOYERS posts and files a combina-
tion of securities, cash, irrevocable letters of credit and surety  bond
as  aforesaid,  and  if  it becomes necessary to use the same to pay the
compensation provided in this chapter, the chair shall  first  use  such
securities  or  cash or irrevocable letters of credit and, when the full
amount thereof has been exhausted, he shall then require the  surety  to
pay  forthwith to the chair all or any part of the penal sum of the bond
for that purpose. The chair may also require an agreement on the part of
the employer OR GROUP OF EMPLOYERS to  pay  any  awards  commuted  under
section twenty-seven of this chapter, into the special fund of the state
fund,  as  a condition of his being allowed to remain uninsured pursuant
to this section. The chair shall have the authority to deny the applica-
tion of an employer OR GROUP OF EMPLOYERS to pay such  compensation  for

S. 2807                            16                            A. 4007

himself  or  to  revoke his consent furnished, under this section at any
time, for good cause shown. The employer OR GROUP OF EMPLOYERS  qualify-
ing under this subdivision shall be known as a self-insurer.
  If  for  any  reason  the  status of an employer OR GROUP OF EMPLOYERS
under this subdivision is terminated, the securities or the surety bond,
or the securities, cash, or irrevocable letters  of  credit  and  surety
bond,  on  deposit referred to herein shall remain in the custody of the
chair for such time as the chair may deem proper and warranted under the
circumstances. In lieu thereof, and at the discretion of the chair,  the
employer, his or her heirs or assigns or others carrying on or liquidat-
ing  such  business,  may execute an assumption of workers' compensation
liability insurance policy securing such further and  future  contingent
liability as may arise from prior injuries to workers and be incurred by
reason  of  any change in condition of such workers warranting the board
making subsequent awards for payment of  additional  compensation.  Such
policy  shall  be  in a form approved by the superintendent of insurance
and issued by the state fund or any insurance company licensed to  issue
this  class of insurance in this state. In the event that such policy is
issued by an insurance company other than  the  state  fund,  then  said
policy  shall  be  deemed  of the kind specified in paragraph fifteen of
subsection (a) of section one  thousand  one  hundred  thirteen  of  the
insurance  law and covered by the workers' compensation security fund as
created and governed by article six-A of this chapter. It shall only  be
issued  for a single complete premium payment in advance by the employer
OR GROUP OF EMPLOYERS and in an amount deemed acceptable  by  the  chair
and  the  superintendent of insurance. In lieu of the applicable premium
charge ordinarily required to be imposed  by  a  carrier,  said  premium
shall include a surcharge in an amount to be determined by the chair to:
(i)  satisfy  all assessment liability due and owing to the board and/or
the chair under this chapter; and (ii)  satisfy  all  future  assessment
liability  under  this  section.  Said surcharge shall be payable to the
board simultaneous to  the  execution  of  the  assumption  of  workers'
compensation  liability  insurance  policy. However, the payment of said
surcharge does not relieve the carrier from any other liability, includ-
ing liability owed to the superintendent of insurance pursuant to  arti-
cle  [six-a]  SIX-A  of this chapter.   When issued such policy shall be
non-cancellable without recourse for any cause during the continuance of
the liability secured and so covered.
  [The board will report to the  governor  and  the  legislature  on  or
before  December  first,  two thousand seven, as to the advisability and
feasibility of (1) implementing a statewide self-insured  employer  bond
program, and (2) an improved individual employer bond program.]
  S  3.  Paragraph  9  of  subdivision 3-a of section 50 of the workers'
compensation law is REPEALED and paragraph 2  and  subparagraph  (a)  of
paragraph  7, paragraph 2 as amended by chapter 139 of the laws of 2008,
and subparagraph (a) of paragraph 7 as amended by section 4 of part R of
chapter 56 of the laws of 2010, are amended and three new paragraphs 10,
11 and 12 are added to read as follows:
  (2) (a) Any group consisting exclusively of such employers may adopt a
plan for self-insurance, as a group, for  the  payment  of  compensation
under  this  chapter  to  their employees, except that no new groups may
adopt such a plan [prior to April first,  two  thousand  nine],  AND  NO
GROUP NOT COMPOSED SOLELY OF PUBLIC ENTITIES SET FORTH IN PARAGRAPH A OF
SUBDIVISION  FOUR  OF  THIS  SECTION  MAY INSURE ANY LIABILITIES FOR ANY
EMPLOYERS ON AND AFTER JANUARY FIRST, TWO  THOUSAND  TWELVE,  EXCEPT  AS
PROVIDED  FOR  IN PARAGRAPH TEN OF THIS SUBDIVISION. Under such plan the

S. 2807                            17                            A. 4007

group shall assume the liability of all the employers within  the  group
and  pay  all compensation for which the said employers are liable under
this chapter, except that in the case of municipal corporations as here-
in  defined  no  proof  of financial ability or deposit of securities or
cash need be made in compliance with this subdivision.  The group quali-
fying under this subdivision shall be known as a group self-insurer  and
the  employers  participating therein and covered thereby shall be known
as members.
  (b) Where such plan is adopted the group  self-insurer  shall  furnish
satisfactory  proof  to  the  chair of its financial ability to pay such
compensation for the members in the industry covered by it,  its  reven-
ues,  their source and assurance of continuance. The chair shall require
the deposit with the chair of such securities as may be deemed necessary
of the kind prescribed in subdivisions one, two, three, four  and  five,
and  subparagraph (a) of paragraph three of subdivision seven of section
two hundred thirty-five of the banking law or the deposit of cash or the
filing of irrevocable letters of credit issued by  a  qualified  banking
institution  as  defined by rules promulgated by the chair or the filing
of a bond of a surety company authorized to transact  business  in  this
state,  in an amount to be determined to secure its liability to pay the
compensation of each employer as above provided.  Such surety bond  must
be  approved as to form by the chair. The chair shall require each group
self-insurer to provide regular reports no  less  than  annually,  which
shall  include but not be limited to audited financial statements, actu-
arial opinions and payroll information containing proof that it is fully
funded. Such reports shall also include  a  contribution  year  analysis
detailing  contributions  and  expenses  associated  with  each specific
contribution year. For purposes of this paragraph, proof  that  a  group
self-insurer  is  fully funded shall at a minimum include proof of unre-
stricted cash and investments permitted by regulation of the chair of at
least one hundred percent of the total liabilities, including the  esti-
mate  presented in the actuarial opinion submitted by the group self-in-
surer in accordance with this chapter. The chair by regulation, may  set
further  financial standards for group self-insurers. Any group self-in-
surer that fails to show that it is fully funded shall be deemed  under-
funded,  and  must submit a plan for achieving fully funded status which
may include a deficit assessment on members of such  group  self-insurer
which  shall  be  subject to approval or modification by the chair. [The
chair may impose such limitations on admission of new members or  offer-
ing  of discounts on underfunded group self-insurers to insure that such
group self-insurers shall become fully funded. Should the group self-in-
surer fail to meet the terms of its plan, the chair  may  condition  its
continued  authorization  to act as a group self-insurer on the appoint-
ment of an outside monitor selected by the chair,  at  the  group  self-
insurer's  expense.  Effective January first, two thousand fourteen, any
group self-insurer that fails to show it is fully funded  in  accordance
with  this  paragraph  and the regulations issued pursuant thereto shall
have one year to cure the deficiency. If such deficiency  is  not  cured
within  one  year,  the  group self-insurer shall be given six months to
terminate its coverage.]
  (c) The chair shall evaluate, no less than once every three  years,  a
group  self-insurer's  compliance  with  the  financial  and  regulatory
requirements for self-insurance. The  chair  may  engage  any  qualified
person  or  organization  to  assist  with such evaluation and any costs
incurred by the chair shall be borne by  the  group  self-insurer  under
examination. Failure to submit to such independent review or to pay such

S. 2807                            18                            A. 4007

costs,  upon  demand of the chair, shall be sufficient grounds to termi-
nate coverage of the group self-insurer.
  (d)  The chair may require reports to be prepared by an auditor, actu-
ary or other consultant, selected  by  the  board  or,  at  the  chair's
discretion, by the group self-insurer from a list which shall be pre-ap-
proved  by  the  chair to determine whether the group self-insurer meets
the financial criteria for self-insurance.  All  actuaries  so  selected
shall be fellows or associates of the casualty actuarial society.
  (e)  The chair may also require that any and all agreements, contracts
and other pertinent  documents  relating  to  the  organization  of  the
members in the group self-insurer shall be filed [at the time the appli-
cation  for  group  self-insurance  is  made or anytime thereafter. Such
application shall be on a form prescribed by the chair.  The  chair  may
also  require an agreement on the part of said group self-insurer to pay
any awards commuted under section twenty-seven of this chapter into  the
aggregate trust fund as a condition of its being allowed to operate as a
group self-insurer pursuant to this subdivision] WITH THE CHAIR.
  (f) The chair shall have the authority to [deny the application of the
group  self-insurer  to  pay  such  compensation  or  to] revoke consent
furnished under this section at any time for good cause shown.
  (g) At least twenty days prior to the requested effective date of  the
participating  agreement, a group self-insurer shall notify the chair on
a prescribed form of a new group self-insurer  member  and  file  (1)  a
member  application  and  (2) a copy of the properly executed prescribed
participation agreement wherein the member acknowledges their joint  and
several obligation for their period of membership. The board shall, on a
form promulgated by the chair, provide notice of the member's rights and
responsibilities  as a group self-insurer member, including the member's
assumption of joint and several liability, and  require  the  member  to
return  a  signed  copy  to the chair as a condition of membership. Such
membership shall not become effective until the  signed  copy  has  been
received by the board.
  (h)  Any  member  terminating membership in a group self-insurer after
less than four years in such group self-insurer, and  any  member  in  a
group self-insurer that has defaulted, shall be precluded from obtaining
prospective  coverage  from  any  group  self-insurer for a period of at
least three years from the effective date of termination.
  (a) If for any reason, the status of a group self-insurer  under  this
subdivision  is  terminated,  INCLUDING BY OPERATION OF LAW ON AND AFTER
JANUARY FIRST, TWO THOUSAND TWELVE, the securities or cash or the surety
bond on deposit referred to herein shall remain in the  custody  of  the
chair  for such time as the chair may deem proper and warranted. In lieu
thereof, and at the discretion of the chair, the group self-insurer, its
heirs or assigns or others carrying on or liquidating such  group  self-
insurer,  including  the  chair  on the group self-insurer's behalf, may
execute an assumption of workers' compensation liability insurance poli-
cy securing such further and future contingent liability  as  may  arise
from  prior  injuries to workers and be incurred by reason of any change
in the condition of such workers warranting the board making  subsequent
awards for payment of additional compensation. Such policy shall be in a
form approved by the superintendent of insurance and issued by the state
fund  or any insurance company licensed to issue this class of insurance
in this state.  In the event that such policy is issued by an  insurance
company  other  than the state fund, then said policy shall be deemed of
the kind specified in paragraph fifteen of subsection (a) of section one
thousand one hundred thirteen of the insurance law and  covered  by  the

S. 2807                            19                            A. 4007

workers'  compensation  security fund as created and governed by article
six-A of this chapter.  It shall only be issued for  a  single  complete
premium  payment  in  advance by the group self-insurer and in an amount
deemed  acceptable  by the chair and the superintendent of insurance. In
lieu of the applicable premium charge ordinarily required to be  imposed
by  a carrier, said premium shall include a surcharge in an amount to be
determined by the chair to: (i) satisfy all assessment liability due and
owing to the board and/or the chair under this chapter; and (ii) satisfy
all future assessment liability under this section. Said surcharge shall
be payable to the board simultaneous to the execution of the  assumption
of  workers'  compensation  liability  insurance  policy.  However,  the
payment of said surcharge does not relieve the carrier  from  any  other
liability,  including  liability owed to the superintendent of insurance
pursuant to article six-A of this chapter.    When  issued  such  policy
shall  be  noncancellable  without  recourse  for  any  cause during the
continuance of the liability secured and so covered.
  (10) (A) A NON-MUNICIPAL GROUP OF EMPLOYERS MAY  MAKE  APPLICATION  TO
THE CHAIR TO QUALIFY JOINTLY AS A SELF-INSURER, PROVIDED:
  (1)  THE MEMBERS OF THE GROUP SECURE THE SERVICES OF AN ADMINISTRATOR,
WHO SHALL CARRY OUT THE RESPONSIBILITIES OF SUCH AN ADMINISTRATOR AS SET
FORTH IN SUBDIVISION FIVE OF THIS SECTION, AND WHO SHALL BE  SUBJECT  TO
THE RESTRICTIONS AND PENALTIES APPLICABLE TO AN ADMINISTRATOR UNDER THIS
SECTION;
  (2)  THE  MEMBERS  OF  THE  GROUP,  THROUGH THE ADMINISTRATOR, JOINTLY
DEPOSIT SUFFICIENT SECURITIES IN ACCORDANCE WITH  SUBDIVISION  THREE  OF
THIS  SECTION  AS TO SECURE THE LIABILITY OF THE MEMBERS OF THE GROUP TO
PAY COMPENSATION, PROVIDED THE INITIAL DEPOSIT SHALL BE MADE BY NOVEMBER
FIRST, TWO THOUSAND ELEVEN;
  (3) THE GROUP HAS BEEN AUTHORIZED  BY  THE  CHAIR  TO  SELF-INSURE  IN
ACCORDANCE  WITH  THIS  SUBDIVISION  PRIOR TO THE EFFECTIVE DATE OF THIS
PARAGRAPH;
  (4) THE GROUP'S MEMBERS FALL WITHIN A LIMITED NUMBER OF PAYROLL  CLAS-
SIFICATIONS,  AS SET BY THE CHAIR, AFTER GIVING DUE CONSIDERATION TO THE
RISKS ASSOCIATED WITH  ANY  GROUP  OF  EMPLOYERS  SELF-INSURING  OR  THE
PARTICIPANT  EMPLOYERS  ARE  PARTIES  TO  THE SAME COLLECTIVE BARGAINING
AGREEMENT;
  (5) THE GROUP WAS FULLY FUNDED FOR  FOUR  OUT  OF  THE  PREVIOUS  FIVE
YEARS,  AS DETERMINED BY THE CHAIR FOLLOWING A FINANCIAL REVIEW, AND THE
GROUP SELF-INSURER HAS SUFFICIENT FUNDS TO MEET ITS LIABILITIES;
  (6) THE GROUP HAS A SAFETY PROGRAM ACCEPTABLE TO THE CHAIR; AND
  (7) THE GROUP IS SUBJECT TO SUCH OTHER LIMITATIONS AND REQUIREMENTS OF
THIS SUBDIVISION UNLESS WAIVED BY THE CHAIR AND TO  REGULATIONS  OF  THE
CHAIR.
  (B)  THE MEMBERS OF ANY SUCH GROUP SHALL ENTER INTO AN AGREEMENT AMONG
THEMSELVES AND WITH THE GROUP'S ADMINISTRATOR WHICH SHALL, AT A MINIMUM:
  (1) INDICATE THAT EACH OF THE MEMBERS OF  THE  GROUP  IS  JOINTLY  AND
SEVERALLY LIABLE FOR ANY LIABILITIES OF THE GROUP; AND
  (2)  PROVIDE FOR THE COLLECTION OF ADDITIONAL FUNDS FROM GROUP MEMBERS
IN THE EVENT THE DEPOSIT WITH THE BOARD  IS  INSUFFICIENT  TO  MEET  THE
LIABILITIES OF THE GROUP.
  (11) FORMER GROUP SELF-INSURER. ANY GROUP SELF-INSURER THAT HAS CEASED
TO  SELF-INSURE,  OR HAS CEASED TO SELF-INSURE ANY NEW LIABILITIES AFTER
JANUARY FIRST, TWO THOUSAND TWELVE IN ACCORDANCE WITH PARAGRAPH  TWO  OF
THIS  SUBDIVISION,  SHALL  REMAIN  SUBJECT TO ALL THE PROVISIONS OF THIS
SUBDIVISION AND THE REGULATIONS ISSUED PURSUANT THERETO AND ANY  ASSESS-

S. 2807                            20                            A. 4007

MENTS PROVIDED FOR BY THIS SECTION UNTIL SUCH TIME AS THE GROUP SELF-IN-
SURER NO LONGER POSSESSES ANY LIABILITIES.
  (12)  ANY  NON-MUNICIPAL  GROUP OF EMPLOYERS AUTHORIZED TO SELF-INSURE
UNDER PARAGRAPH TEN OF THIS SECTION ON OR AFTER JANUARY FIRST, TWO THOU-
SAND TWELVE SHALL BE DEEMED A "PRIVATE SELF-INSURER" FOR PURPOSES OF THE
ASSESSMENTS SET FORTH IN SECTIONS FIFTEEN AND ONE HUNDRED  FIFTY-ONE  OF
THIS CHAPTER.
  S  4.  Subparagraph 2 of paragraph b of subdivision 5 of section 50 of
the workers' compensation law is REPEALED.
  S 5. Paragraph (a) of subdivision 4 of section 141-a of  the  workers'
compensation  law, as added by chapter 6 of the laws of 2007, is amended
to read as follows:
  (a) Whenever the chair determines that an employer who is required  to
secure compensation in accordance with this chapter has failed to secure
such  compensation,  or  where  an  employer has failed to pay penalties
assessed against it pursuant to this chapter, OR FAILED TO PAY  A  JUDG-
MENT  UNDER  SECTION TWENTY-SIX OF THIS CHAPTER WITHIN NINETY DAYS AFTER
NOTICE TO THE EMPLOYER AND HAS NOT MOVED TO MODIFY OR VACATE SUCH  JUDG-
MENT, such failure shall be deemed an immediate serious danger to public
health, safety, or welfare sufficient to justify service by the chair of
a  stop-work order on the employer, requiring the cessation of all busi-
ness operations effective immediately, except where the employer's fail-
ure concerns only domestic or child care  workers  in  his  or  her  own
household. The chair may issue such order, which shall take effect as to
a  particular  employer  worksite when served at that worksite, or as to
all employer worksites in the state for which the  employer  is  not  in
compliance  when served on the employer. A stop-work order may be served
with regard to an employer's worksite by posting a copy of the stop-work
order in a conspicuous location at the worksite. The order shall  remain
in  effect  until the chair directs that the stop-work order be removed,
upon a determination that the employer has come into compliance with the
coverage requirements of this chapter and has paid any penalty  assessed
under  this  chapter.  If  the  employer  shall within thirty days after
notice of the stop-work order make an application in affidavit form  for
a  redetermination  review of such order the chair shall make a decision
in writing on the issues raised  in  such  application.  The  chair  may
direct  a conditional release from a stop-work order upon a finding that
the employer has complied with coverage requirements of this chapter and
has agreed to remit periodic payments  of  the  penalty  pursuant  to  a
payment  agreement  schedule with the chair. If an agreement or order of
conditional release is issued, failure by the employer to meet any  term
or  condition  of  such  payment agreement shall result in the immediate
reinstatement of the stop-work order and the entire  unpaid  balance  of
the  penalty  shall  become  immediately  due.  The chair may require an
employer who is found  to  have  failed  to  comply  with  the  coverage
requirements  of  this chapter to file with the board, as a condition of
release from a stop-work order,  periodic  reports  for  a  probationary
period that shall not exceed two years, and that demonstrate the employ-
er's  continued  compliance  with  this chapter. The board shall by rule
specify the reports required and the time for filing under this subdivi-
sion.
  S 6. Paragraphs (b) and (c) of subdivision 2 of  section  151  of  the
workers' compensation law, paragraph (b) as amended by section 2 of part
QQ  of  chapter  56  of the laws of 2009 and paragraph (c) as amended by
chapter 6 of the laws of 2007, are amended to read as follows:

S. 2807                            21                            A. 4007

  (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-in-
surers] and the state insurance fund in such  year  bore  to  the  total
compensation  payments  made by all self-insurers [except group self-in-
surers], the state insurance fund, AND 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[, and (iii) group
self-insurers 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]. 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
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 standard premium by each such insurance carrier bore to
the total standard premium reported by all insurance  carriers  for  the
calendar  year  which  ended with the state 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 calculation for each such  group  self-in-
surer  bore to the total pure premium calculation for all group self-in-
surers for the calendar year which ended within the 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,  "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
rate for each class code as  determined  by  the  workers'  compensation
rating  board in effect on December thirty-first of the preceding year.]

S. 2807                            22                            A. 4007

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.  FOR THE PURPOSES OF THIS SECTION, A "SELF-INSUR-
ER" SHALL BE: (I) AN EMPLOYER AUTHORIZED TO SELF-INSURE  UNDER  SUBDIVI-
SION THREE OF SECTION FIFTY OF THIS CHAPTER, OR ACTIVE GROUPS AUTHORIZED
PURSUANT  TO  SUBDIVISION  THREE-A  OF  SECTION FIFTY OF THIS CHAPTER, A
GROUP OF EMPLOYERS AUTHORIZED TO  SELF-INSURE  UNDER  PARAGRAPH  TEN  OF
SUBDIVISION  THREE-A  OF SECTION FIFTY OF THIS CHAPTER; OR (II) A PUBLIC
EMPLOYER AS SET FORTH IN PARAGRAPH A  OF  SUBDIVISION  FOUR  OF  SECTION
FIFTY OF THIS CHAPTER AUTHORIZED TO SELF-INSURE UNDER SUBDIVISION THREE,
THREE-A OR FOUR OF SECTION FIFTY OR ARTICLE FIVE OF THIS CHAPTER, WHETH-
ER INDIVIDUALLY OR AS A GROUP.
  (c) Assessments for the special disability fund, the fund for reopened
cases  and for the operations of the board shall not constitute elements
of loss but shall for collection purposes be treated as  separate  costs
by  carriers.  [All  group  self-insurers shall collect such assessments
from their employer members in a fair and equitable manner.] All  insur-
ance  carriers,  including  the state insurance fund, shall collect such
assessments from their policyholders through a surcharge based on premi-
um in accordance with rules set forth by the New York  workers'  compen-
sation  rating  board,  as  approved by the superintendent of insurance.
Such surcharge shall be considered  as  part  of  premium  for  purposes
prescribed  by law including, but not limited to, computing premium tax,
reporting to the superintendent of insurance pursuant to  section  nine-
ty-nine of this chapter and section three hundred seven of the insurance
law,  determining  the limitation of expenditures for the administration
of the state insurance fund pursuant to  section  eighty-eight  of  this
chapter  and  the  cancellation  by  an insurance carrier, including the
state insurance fund, of a policy for non-payment of premium.
  S 7.  This act shall take effect immediately; provided  that  sections
one  and  six  of  this  act shall take effect January 1, 2011 and shall
apply to any assessment cycle beginning on or after such date;  provided
further,  that  in  the  event  that  the  total  amount  of assessments
collected by the chair of the workers' compensation board by May 1, 2011
pursuant to subparagraph 4 of paragraph (h) of subdivision 8 of  section
15  of  the  workers' compensation law as amended by section one of this
act do not equal at least one hundred ten percent of  the  debt  service
assessment,  as defined in such provision of law, the chair of the work-
ers' compensation board shall, not later  than  June  1,  2011,  and  in
accordance  with  the  provisions  of subparagraph 4 of paragraph (h) of
subdivision 8 of section 15 of the workers' compensation law, as amended
by section one of this act, assess and collect a supplemental assessment
in an amount equal to the amount that would have  been  due  from  group
self-insurers  in  2011  had  this  act  not  taken effect, and that the
provisions of subparagraph 4  of  paragraph  (h)  of  subdivision  8  of
section  15 of the workers' compensation law shall apply to such supple-
mental assessment in all respects except for the date and amount of such
special assessment and that such special assessment shall be  deemed  an
assessment  pursuant to subparagraph 4 of paragraph (h) of subdivision 8
of section 15 of the workers' compensation law for all purposes.

S. 2807                            23                            A. 4007

                                 PART H

  Section 1. Paragraph (f) of subdivision 1 of section 169 of the execu-
tive law, as separately amended by section 11 of part A-1 and section 10
of  part  O  of  chapter  56  of the laws of 2010, is amended to read as
follows:
  (f) executive director of adirondack park agency, commissioners of the
state liquor  authority,  [commissioners  of  the  state  civil  service
commission,] members of state commission of correction, members of unem-
ployment  insurance  appeal  board,  and members of the workers' compen-
sation board.
  S 2. Paragraph (a) of subdivision 2 of section 5 of the civil  service
law,  as  amended by chapter 248 of the laws of 1960, is amended to read
as follows:
  (a) Appointment. The state civil service commission is  continued  and
shall  consist  of  three  commissioners  who  shall be appointed by the
governor, by and with the advice and consent of  the  senate,  not  more
than  two  of  whom  shall be adherents of the same political party. The
governor shall designate one of the members  of  the  commission  to  be
president  of the commission and such member shall serve in the capacity
of president during the pleasure of the governor. The members shall  not
hold  any  other public office or public employment for which they shall
receive compensation other than  necessary  travel  and  other  expenses
incurred  in  the  performance  of  the  duties  of such other office or
employment, or engage in private employment or in a profession or  busi-
ness  which  interferes with the performance of their duties or requires
their disqualification from the performance of such duties because of  a
conflict  of interests caused thereby.  THE COMMISSIONERS OTHER THAN THE
PRESIDENT OF THE COMMISSION SHALL,  WHEN  PERFORMING  THE  WORK  OF  THE
COMMISSION,  BE COMPENSATED AT THE RATE OF TWO HUNDRED FIFTY DOLLARS PER
DAY, TOGETHER WITH  AN  ALLOWANCE  FOR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED  IN  THE  DISCHARGE OF THEIR DUTIES HEREUNDER. THE PRESIDENT OF
THE COMMISSION SHALL RECEIVE AN ANNUAL SALARY ESTABLISHED IN SECTION ONE
HUNDRED SIXTY-NINE OF THE EXECUTIVE LAW. No member  shall  serve  as  an
officer  of  any  political party or political organization or engage in
partisan political activities.
  S 3. This act shall  take  effect  immediately,  and  shall  apply  to
current members of the civil service commission.

                                 PART I

  Section  1. Clause 2 of subparagraph (viii) of paragraph a of subdivi-
sion 10 of section 54 of the state finance law, as amended by section  1
of  part  Z  of  chapter  56  of the laws of 2010, 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 AND CHAPTER THREE HUNDRED THIRTEEN OF
THE LAWS OF TWO THOUSAND TEN, excluding any deficit reduction adjustment
pursuant to paragraph e-1  of  this  subdivision,  plus  any  additional
apportionments  received  in  such  year pursuant to paragraph d of this
subdivision and any per capita adjustments received in such year  pursu-
ant to paragraph e of this subdivision [plus any additional aid received
in such year pursuant to paragraph p of this subdivision].

S. 2807                            24                            A. 4007

  S  2. Paragraph b of subdivision 10 of section 54 of the state finance
law is amended by adding a new subparagraph (iv) to read as follows:
  (IV)  NOTWITHSTANDING  SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH,  WITHIN
AMOUNTS APPROPRIATED IN THE STATE FISCAL YEAR  COMMENCING  APRIL  FIRST,
TWO THOUSAND ELEVEN, THERE SHALL BE APPORTIONED AND PAID TO EACH MUNICI-
PALITY  A  BASE  LEVEL  GRANT  IN  AN AMOUNT EQUAL TO THE PRIOR YEAR AID
RECEIVED BY SUCH MUNICIPALITY MINUS A BASE LEVEL GRANT ADJUSTMENT  EQUAL
TO TWO PERCENT OF SUCH PRIOR YEAR AID.
  S  3. Paragraph i of subdivision 10 of section 54 of the state finance
law is amended by adding a new subparagraph (viii) to read as follows:
  (VIII) NOTWITHSTANDING SUBPARAGRAPH (I)  OF  THIS  PARAGRAPH,  IN  THE
STATE  FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND ELEVEN, THE BASE
LEVEL GRANT ADJUSTMENT PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH  B  OF
THIS SUBDIVISION SHALL BE MADE ON OR BEFORE SEPTEMBER TWENTY-FIFTH FOR A
TOWN OR VILLAGE, ON OR BEFORE DECEMBER FIFTEENTH FOR A CITY WHOSE FISCAL
YEAR  BEGINS  JANUARY FIRST, AND ON OR BEFORE MARCH FIFTEENTH FOR A CITY
WHOSE FISCAL YEAR DOES NOT BEGIN JANUARY FIRST.
  S 4. Paragraph j of subdivision 10 of section 54 of the state  finance
law,  as  amended  by  section  4 of part Z of chapter 56 of the laws of
2010, 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
[years] YEAR commencing April first, two thousand nine [and April first,
two thousand eleven, and in each state fiscal year thereafter],  a  city
with a population of one million or more shall receive three hundred one
million  six  hundred  fifty-eight  thousand  four  hundred  ninety-five
dollars payable on or before December fifteenth. Special aid and  incen-
tives  for  municipalities  to the city of New York shall be apportioned
and paid as required as follows:
  (i)  Any  amounts  required  to  be  paid  to  the   city   university
construction fund pursuant to the city university construction fund act;
  (ii)  Any  amounts  required  to  be paid to the New York city housing
development corporation pursuant to the New York city  housing  develop-
ment corporation act;
  (iii) Five hundred thousand dollars to the chief fiscal officer of the
city  of New York for payment to the trustees of the police pension fund
of such city;
  (iv) Eighty million dollars to the special account for  the  municipal
assistance corporation for the city of New York in the municipal assist-
ance  tax  fund created pursuant to section ninety-two-d of this chapter
to the extent that such  amount  has  been  included  by  the  municipal
assistance  corporation  for the city of New York in any computation for
the issuance of bonds on a parity with outstanding bonds pursuant  to  a
contract  with  the  holders  of such bonds prior to the issuance of any
other bonds secured by payments from  the  municipal  assistance  corpo-
ration  for  the  city of New York in the municipal assistance state aid
fund created pursuant to section ninety-two-e of this chapter;
  (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;

S. 2807                            25                            A. 4007

  (vi) Any amounts to be refunded to the general fund of  the  state  of
New  York pursuant to the annual appropriation enacted for the municipal
assistance state aid fund;
  (vii)  To  the  state  of  New  York municipal bond bank agency to the
extent provided by section twenty-four hundred thirty-six of the  public
authorities law; and
  (viii)  To  the  transit  construction  fund to the extent provided by
section twelve hundred twenty-five-i of the public authorities law,  and
thereafter to the city of New York.
Notwithstanding  any  other  law to the contrary, the amount paid to any
city with a population of one million or  more  on  or  before  December
fifteenth  shall  be  for  an  entitlement period ending the immediately
preceding June thirtieth.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART J

  Section  1.  Paragraph b of subdivision 2 of section 54-1 of the state
finance law, as amended by section 1 of part AA of  chapter  56  of  the
laws of 2010, is amended to read as follows:
  b.  Eligible  municipalities  shall  receive: (i) for the state fiscal
years commencing April first, two thousand seven and  April  first,  two
thousand  eight, a share of three and one-half percent of the "estimated
net machine income" generated by a video lottery gaming facility located
within such eligible municipality as follows:  (1)  twenty-five  percent
shall  be  apportioned  and  paid  to  the  county; and (2) seventy-five
percent shall be apportioned and paid on a pro rata  basis  to  eligible
municipalities, other than the county, based upon the population of such
eligible  municipalities.  Such state aid payment shall not exceed twen-
ty-five percent of an  eligible  municipality's  total  expenditures  as
reported  in  the statistical report of the comptroller in the preceding
state fiscal year pursuant to section thirty-seven of the general munic-
ipal law; (ii) for the state fiscal year  commencing  April  first,  two
thousand  nine:  (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;  and  (iii)  for  the  state
fiscal year commencing April first, two thousand ten [and for each state
fiscal  year thereafter], an amount equal to ninety percent of the state
aid payment received in the state fiscal year  commencing  April  first,
two thousand nine.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.

                                 PART K

  Section 1. The paragraph heading 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:

S. 2807                            26                            A. 4007

  Local government efficiency  grant  program  beginning  in  the  state
fiscal  year  commencing  April first, two thousand eight AND CONTINUING
UNTIL THE END OF THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOU-
SAND TEN.
  S 2.  Paragraph p of subdivision 10 of section 54 of the state finance
law,  as  amended  by  section 6 of part GG of chapter 56 of the laws of
2009, is amended to read as follows:
  p. [Local government efficiency grant program municipal merger  incen-
tives]  CITIZEN  EMPOWERMENT  TAX CREDIT.   (I) For the purposes of this
paragraph, "municipalities" shall mean cities  with  a  population  less
than one million, towns and villages.
  (II)  Within the annual amounts appropriated therefor, surviving muni-
cipalities following a [merger,] consolidation or dissolution  occurring
on  or  after the state fiscal year commencing April first, two thousand
seven [may] SHALL be awarded additional  ANNUAL  aid,  STARTING  in  the
state  fiscal  year following THE STATE FISCAL YEAR IN WHICH such [merg-
er,] consolidation or dissolution TOOK EFFECT, equal to fifteen  percent
of the combined amount of real property taxes levied by all of the muni-
cipalities  participating  in the [merger,] consolidation or dissolution
in the local fiscal year prior to the local fiscal year  in  which  such
[merger,]  consolidation or dissolution took effect. 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.  IN  NO CASE SHALL THE ADDITIONAL AID PURSUANT TO THIS PARAGRAPH
EXCEED ONE MILLION DOLLARS. Such additional aid shall be apportioned and
paid to the chief fiscal officer of each [consolidated or merged] ELIGI-
BLE municipality ON OR BEFORE SEPTEMBER TWENTY-FIFTH OF EACH SUCH  STATE
FISCAL  YEAR 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) Any municipality receiving a [merger  incentive  award]  CITIZEN
EMPOWERMENT  TAX  CREDIT  pursuant  to this paragraph shall use AT LEAST
FIFTY PERCENT OF such aid [only] FOR PROPERTY TAX RELIEF AND THE BALANCE
OF SUCH AID for general municipal purposes. [In no case shall the  addi-
tional  aid  pursuant to this 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.] FOR EACH LOCAL FISCAL YEAR  FOLLOWING  THE  EFFECTIVE
DATE  OF  THE  CHAPTER  OF THE LAWS OF TWO THOUSAND ELEVEN WHICH AMENDED
THIS PARAGRAPH IN WHICH SUCH AID IS PAYABLE, A STATEMENT SHALL BE PLACED
ON EACH PROPERTY TAX BILL FOR SUCH  MUNICIPALITY  IN  SUBSTANTIALLY  THE
FOLLOWING  FORM: "YOUR PROPERTY TAX SAVINGS THIS YEAR RESULTING FROM THE
STATE CITIZEN EMPOWERMENT TAX CREDIT RECEIVED AS  THE  RESULT  OF  LOCAL
GOVERNMENT  RE-ORGANIZATION  IS  $______." THE PROPERTY TAX SAVINGS FROM
THE CITIZEN EMPOWERMENT TAX CREDIT FOR EACH PROPERTY TAX BILL  SHALL  BE

S. 2807                            27                            A. 4007

CALCULATED  BY (1) MULTIPLYING THE AMOUNT OF THE CITIZEN EMPOWERMENT TAX
CREDIT USED FOR PROPERTY TAX RELIEF BY  THE  AMOUNT  OF  PROPERTY  TAXES
LEVIED ON SUCH PROPERTY BY SUCH MUNICIPALITY AND (2) DIVIDING THE RESULT
BY THE TOTAL AMOUNT OF PROPERTY TAXES LEVIED BY SUCH MUNICIPALITY.
  S  3. Paragraph q of subdivision 10 of section 54 of the state finance
law is relettered paragraph t and three new paragraphs q, r  and  s  are
added to read follows:
  Q.   LOCAL   GOVERNMENT  CITIZENS  RE-ORGANIZATION  EMPOWERMENT  GRANT
PROGRAM. (I) (1) FOR THE PURPOSES OF THIS PARAGRAPH,  "LOCAL  GOVERNMENT
ENTITY"  OR  "ENTITY"  SHALL  MEAN  A  TOWN,  VILLAGE, DISTRICT, SPECIAL
IMPROVEMENT DISTRICT OR OTHER IMPROVEMENT DISTRICT, INCLUDING,  BUT  NOT
LIMITED  TO,  SPECIAL  DISTRICTS  CREATED  PURSUANT  TO ARTICLES ELEVEN,
TWELVE, TWELVE-A OR THIRTEEN OF THE TOWN  LAW,  LIBRARY  DISTRICTS,  AND
OTHER  DISTRICTS CREATED BY LAW; PROVIDED, HOWEVER, THAT A LOCAL GOVERN-
MENT ENTITY SHALL  NOT  INCLUDE  SCHOOL  DISTRICTS,  CITY  DISTRICTS  OR
SPECIAL PURPOSE DISTRICTS CREATED BY COUNTIES UNDER COUNTY LAW.
  (2) FOR THE PURPOSES OF THIS PARAGRAPH, "LOCAL GOVERNMENT RE-ORGANIZA-
TION"  SHALL MEAN THE CONSOLIDATION OR DISSOLUTION OF A LOCAL GOVERNMENT
ENTITY IN ACCORDANCE WITH ARTICLE SEVENTEEN-A OF THE  GENERAL  MUNICIPAL
LAW.
  (II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
STATE MAY AWARD GRANTS TO LOCAL GOVERNMENT ENTITIES TO COVER COSTS ASSO-
CIATED  WITH STUDIES, PLANS, AND IMPLEMENTATION EFFORTS RELATED TO LOCAL
GOVERNMENT RE-ORGANIZATION ACTIVITIES.
  (III) STUDY PROJECTS SHALL INCLUDE AN  EXAMINATION  OF  THE  POTENTIAL
FINANCIAL SAVINGS, MANAGEMENT IMPROVEMENTS, AND SERVICE DELIVERY CHANGES
RESULTING  FROM  A  LOCAL GOVERNMENT RE-ORGANIZATION, AS WELL AS OPTIONS
FOR COST-SAVINGS IF THE RE-ORGANIZATION IS NOT COMPLETED.
  (IV) LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT GRANTS  MAY
BE USED TO COVER COSTS INCLUDING, BUT NOT LIMITED TO, LEGAL AND CONSULT-
ANT  SERVICES,  CAPITAL  IMPROVEMENTS,  TRANSITIONAL PERSONNEL COSTS AND
OTHER NECESSARY EXPENSES RELATED TO RE-ORGANIZATION  ANALYSIS,  PLANNING
AND IMPLEMENTATION. GRANTS MAY BE USED FOR CAPITAL IMPROVEMENTS, TRANSI-
TIONAL  PERSONNEL  COSTS  OR  JOINT  EQUIPMENT PURCHASES ONLY WHERE SUCH
EXPENSES ARE INTEGRAL TO IMPLEMENTATION OF THE RE-ORGANIZATION. NO  PART
OF  THE GRANT SHALL BE USED BY THE APPLICANT FOR RECURRING EXPENSES SUCH
AS SALARIES, EXCEPT THAT THE SALARIES OF CERTAIN TRANSITIONAL  PERSONNEL
ESSENTIAL  FOR THE IMPLEMENTATION OF THE RE-ORGANIZATION SHALL BE ELIGI-
BLE FOR A PERIOD NOT TO EXCEED THREE YEARS.
  (V) WHERE THE ELECTORS OF A LOCAL GOVERNMENT ENTITY HAVE FILED A PETI-
TION PURSUANT TO ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL  LAW  THAT
WILL  REQUIRE  A  REFERENDUM ON THE QUESTION OF CONSOLIDATION OR DISSOL-
UTION OF THE LOCAL GOVERNMENT ENTITY, SUCH LOCAL GOVERNMENT ENTITY  WILL
BE  ELIGIBLE  FOR  AN EXPEDITED GRANT TO COVER COSTS ASSOCIATED WITH THE
DEVELOPMENT AND DISSEMINATION TO THE ELECTORS OF INFORMATION RELATED  TO
THE  RE-ORGANIZATION  QUESTION  BEFORE SUCH REFERENDUM. THE SECRETARY OF
STATE SHALL DEVELOP PROCESSES THAT WILL PERMIT EXPEDITED  FINANCIAL  AND
TECHNICAL  ASSISTANCE  TO  SUCH LOCAL GOVERNMENT ENTITIES, INCLUDING BUT
NOT LIMITED TO PRE-QUALIFIED CONSULTANTS,  DIRECT  TECHNICAL  ASSISTANCE
FROM PROGRAM STAFF AND PRE-ESTABLISHED WORK PLANS.
  (VI)  THE MAXIMUM CUMULATIVE GRANT AWARD FOR A LOCAL GOVERNMENT RE-OR-
GANIZATION SHALL NOT  EXCEED  ONE  HUNDRED  THOUSAND  DOLLARS.  A  LOCAL
GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT GRANT FOR A RE-ORGANIZA-
TION  STUDY SHALL IN NO EVENT EXCEED FIFTY THOUSAND DOLLARS PER APPLICA-
TION, OF WHICH UP TO TWENTY-FIVE THOUSAND DOLLARS MAY BE AWARDED  ON  AN
EXPEDITED BASIS. A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT

S. 2807                            28                            A. 4007

GRANT  FOR THE PLANNING OR IMPLEMENTATION OF A RE-ORGANIZATION SHALL NOT
EXCEED FIFTY THOUSAND DOLLARS. IN NO EVENT SHALL  THE  CUMULATIVE  GRANT
AWARDS  FOR  A LOCAL GOVERNMENT RE-ORGANIZATION EXCEED ONE HUNDRED THOU-
SAND DOLLARS.
  (VII)  MATCHING FUNDS EQUAL TO TEN PERCENT OF THE TOTAL COST OF ACTIV-
ITIES UNDER THE GRANT WORK PLAN APPROVED  BY  THE  DEPARTMENT  OF  STATE
SHALL BE REQUIRED.
  R.  LOCAL  GOVERNMENT  EFFICIENCY GRANT PROGRAM BEGINNING IN THE STATE
FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND ELEVEN. (I) (1) FOR THE
PURPOSES OF THIS PARAGRAPH, "MUNICIPALITY" SHALL MEAN  A  COUNTY,  CITY,
TOWN,  VILLAGE,  SPECIAL  IMPROVEMENT  DISTRICT,  FIRE  DISTRICT, PUBLIC
LIBRARY, ASSOCIATION LIBRARY, WATER AUTHORITY, SEWER AUTHORITY, REGIONAL
PLANNING AND DEVELOPMENT BOARD, SCHOOL DISTRICT, OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES; PROVIDED, HOWEVER, THAT FOR THE PURPOSES  OF  THIS
DEFINITION, A BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE CONSID-
ERED  A  MUNICIPALITY  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  ADDI-
TIONAL STATE AID; SHALL BE DEEMED NOT TO BE A PART OF THE PROGRAM, CAPI-
TAL  AND  ADMINISTRATIVE BUDGETS OF THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES FOR THE PURPOSES OF COMPUTING  CHARGES  UPON  COMPONENT  SCHOOL
DISTRICTS  PURSUANT  TO  SUBDIVISION ONE AND SUBPARAGRAPH SEVEN OF PARA-
GRAPH B OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY AND SUBDI-
VISION ONE OF SECTION NINETEEN HUNDRED FIFTY-ONE OF THE  EDUCATION  LAW;
AND  SHALL  BE DEEMED TO BE A COOPERATIVE MUNICIPAL SERVICE FOR PURPOSES
OF SUBPARAGRAPH TWO OF PARAGRAPH D OF SUBDIVISION FOUR OF SECTION  NINE-
TEEN HUNDRED FIFTY OF THE EDUCATION LAW.
  (2)  FOR  THE  PURPOSES  OF THIS PARAGRAPH, "FUNCTIONAL CONSOLIDATION"
SHALL MEAN ONE MUNICIPALITY COMPLETELY PROVIDING A SERVICE  OR  FUNCTION
FOR ANOTHER MUNICIPALITY, WHICH NO LONGER PROVIDES SUCH SERVICE OR FUNC-
TION.
  (II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
STATE  MAY  AWARD  COMPETITIVE  GRANTS  TO MUNICIPALITIES TO COVER COSTS
ASSOCIATED WITH LOCAL GOVERNMENT EFFICIENCY PROJECTS, INCLUDING, BUT NOT
LIMITED TO, PLANNING FOR OR IMPLEMENTATION OF A MUNICIPAL  CONSOLIDATION
OR  DISSOLUTION,  A  FUNCTIONAL  CONSOLIDATION, A CITY OR COUNTY CHARTER
REVISION THAT INCLUDES FUNCTIONAL CONSOLIDATION, SHARED  OR  COOPERATIVE
SERVICES, AND REGIONALIZED DELIVERY OF SERVICES; PROVIDED, HOWEVER, THAT
SUCH  LOCAL GOVERNMENT EFFICIENCY PROJECTS MUST DEMONSTRATE NEW OPPORTU-
NITIES FOR FINANCIAL SAVINGS  AND  OPERATIONAL  EFFICIENCIES;  PROVIDED,
FURTHER,  THAT  ELIGIBLE  LOCAL GOVERNMENT EFFICIENCY PROJECTS SHALL NOT
INCLUDE STUDIES AND PLANS FOR A LOCAL GOVERNMENT RE-ORGANIZATION  ELIGI-
BLE  TO  RECEIVE A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT
GRANT PURSUANT TO PARAGRAPH Q OF  THIS  SUBDIVISION.  THE  SECRETARY  OF
STATE  MAY  FOCUS THE GRANT PROGRAM IN SPECIFIC FUNCTIONAL AREAS, WITHIN
DISTRESSED COMMUNITIES AND AREAS OF HISTORICALLY HIGH  LOCAL  GOVERNMENT
COSTS  AND  PROPERTY  TAXES, OR IN AREAS OF UNIQUE OPPORTUNITY, IN WHICH
CASE SUCH AREAS OF FOCUS SHALL BE DETAILED IN  A  REQUEST  FOR  APPLICA-
TIONS.
  (III)  ANY  APPROVED PROJECT SHALL INCLUDE AN EXAMINATION OF FINANCIAL
SAVINGS, RETURN ON PUBLIC INVESTMENT AND MANAGEMENT IMPROVEMENTS RESULT-
ING FROM PROJECT IMPLEMENTATION.
  (IV) LOCAL GOVERNMENT EFFICIENCY GRANTS MAY BE  USED  TO  COVER  COSTS
INCLUDING,  BUT  NOT  LIMITED TO, LEGAL AND CONSULTANT SERVICES, CAPITAL

S. 2807                            29                            A. 4007

IMPROVEMENTS, TRANSITIONAL PERSONNEL COSTS AND OTHER NECESSARY  EXPENSES
RELATED  TO  IMPLEMENTING THE APPROVED LOCAL GOVERNMENT EFFICIENCY GRANT
WORK PLAN. GRANTS MAY BE USED  FOR  CAPITAL  IMPROVEMENTS,  TRANSITIONAL
PERSONNEL  COSTS  OR  JOINT EQUIPMENT PURCHASES ONLY WHERE SUCH EXPENSES
ARE INTEGRAL  TO  IMPLEMENTATION  OF  THE  LOCAL  GOVERNMENT  EFFICIENCY
PROJECT.  NO PART OF THE GRANT SHALL BE USED BY THE APPLICANT FOR RECUR-
RING EXPENSES SUCH AS SALARIES, EXCEPT  THAT  THE  SALARIES  OF  CERTAIN
TRANSITIONAL  PERSONNEL ESSENTIAL FOR THE IMPLEMENTATION OF THE APPROVED
LOCAL GOVERNMENT EFFICIENCY GRANT WORK PLAN  SHALL  BE  ELIGIBLE  FOR  A
PERIOD  NOT  TO  EXCEED  THREE  YEARS.  THE  AMOUNTS AWARDED TO A SCHOOL
DISTRICT PURSUANT TO THIS SUBPARAGRAPH SHALL  NOT  BE  INCLUDED  IN  THE
APPROVED  OPERATING  EXPENSE  OF THE SCHOOL DISTRICT AS DEFINED IN PARA-
GRAPH T OF SUBDIVISION ONE OF SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THE
EDUCATION LAW.
  (V)  THE  MAXIMUM  CUMULATIVE GRANT AWARD FOR A LOCAL GOVERNMENT EFFI-
CIENCY PROJECT SHALL NOT EXCEED TWO HUNDRED THOUSAND DOLLARS PER MUNICI-
PALITY; PROVIDED, HOWEVER, THAT IN NO CASE SHALL SUCH A PROJECT  RECEIVE
A  CUMULATIVE  GRANT AWARD IN EXCESS OF ONE MILLION DOLLARS. THE MAXIMUM
GRANT AWARD FOR A LOCAL GOVERNMENT EFFICIENCY PLANNING PROJECT,  OR  THE
PLANNING  COMPONENT  OF A PROJECT THAT INCLUDES BOTH PLANNING AND IMPLE-
MENTATION OF A LOCAL GOVERNMENT EFFICIENCY  PROJECT,  SHALL  NOT  EXCEED
TWENTY-FIVE  THOUSAND  DOLLARS PER MUNICIPALITY; PROVIDED, HOWEVER, THAT
IN NO EVENT SHALL SUCH A PLANNING  PROJECT  RECEIVE  A  GRANT  AWARD  IN
EXCESS OF TWO HUNDRED THOUSAND DOLLARS.
  (VI)  LOCAL  MATCHING  FUNDS EQUAL TO TEN PERCENT OF THE TOTAL COST OF
ACTIVITIES UNDER THE GRANT WORK PLAN APPROVED BY THE DEPARTMENT OF STATE
SHALL BE REQUIRED. IN THE  EVENT AN APPLICANT IS IMPLEMENTING A  PROJECT
THAT  THE  APPLICANT DEVELOPED THROUGH A SUCCESSFULLY COMPLETED PLANNING
GRANT FUNDED UNDER THE LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM OR  THE
SHARED  MUNICIPAL  SERVICES  INCENTIVE GRANT PROGRAM, THE LOCAL MATCHING
FUNDS REQUIRED SHALL BE REDUCED BY THE LOCAL MATCHING FUNDS REQUIRED  BY
SUCH SUCCESSFULLY COMPLETED PLANNING GRANT.
  (VII)  IN  THE SELECTION OF GRANT AWARDS, THE SECRETARY OF STATE SHALL
GIVE THE HIGHEST PRIORITY TO APPLICATIONS: (1) THAT WOULD RESULT IN  THE
DISSOLUTION OR CONSOLIDATION OF MUNICIPALITIES; (2) THAT WOULD IMPLEMENT
THE  COMPLETE FUNCTIONAL CONSOLIDATION OF A MUNICIPAL SERVICE; OR (3) BY
LOCAL GOVERNMENTS WITH HISTORICALLY HIGH COSTS OF  LOCAL  GOVERNMENT  OR
SUSTAINED  INCREASES  IN  PROPERTY TAXES. PRIORITY WILL ALSO BE GIVEN TO
MUNICIPALITIES THAT HAVE PREVIOUSLY COMPLETED A PLANNING GRANT  PURSUANT
TO  THIS  PROGRAM  OR  THE  SHARED  MUNICIPAL  SERVICES  INCENTIVE GRANT
PROGRAM, AND TO LOCAL GOVERNMENTS CURRENTLY INVOLVED IN REGIONAL  DEVEL-
OPMENT  PROJECTS  THAT  HAVE  RECEIVED FUNDS THROUGH STATE COMMUNITY AND
INFRASTRUCTURE DEVELOPMENT PROGRAMS.
  (VIII) THE DEPARTMENT OF STATE SHALL PREPARE AN ANNUAL REPORT  TO  THE
GOVERNOR  AND  THE LEGISLATURE ON THE EFFECTIVENESS OF THE LOCAL GOVERN-
MENT EFFICIENCY GRANT PROGRAM AND THE LOCAL GOVERNMENT  CITIZENS  RE-OR-
GANIZATION  EMPOWERMENT  GRANT PROGRAM. SUCH REPORT SHALL BE PROVIDED ON
OR BEFORE OCTOBER FIRST OF EACH YEAR  AND  SHALL  INCLUDE,  BUT  NOT  BE
LIMITED TO, THE FOLLOWING: A SUMMARY OF APPLICATIONS AND AWARDS FOR EACH
GRANT  CATEGORY,  AN  ASSESSMENT OF PROGRESS IN IMPLEMENTING INITIATIVES
THAT RECEIVED GRANT AWARDS, AND ESTIMATED FINANCIAL SAVINGS AND  SIGNIF-
ICANT  IMPROVEMENTS  IN  SERVICE  REALIZED  BY  MUNICIPALITIES THAT HAVE
RECEIVED GRANTS.
  S. LOCAL GOVERNMENT PERFORMANCE  AND  EFFICIENCY  PROGRAM.  (I)  DEFI-
NITIONS.   FOR THE PURPOSES OF THIS PARAGRAPH, "MUNICIPALITY" SHALL MEAN

S. 2807                            30                            A. 4007

A COUNTY, CITY, TOWN, OR VILLAGE, BUT SHALL NOT INCLUDE  THE  INDIVIDUAL
COUNTIES CONTAINED IN THE CITY OF NEW YORK.
  (II) PURPOSE.  THERE IS HEREBY ESTABLISHED A LOCAL GOVERNMENT PERFORM-
ANCE AND EFFICIENCY PROGRAM. THE PURPOSE OF THIS PROGRAM IS TO RECOGNIZE
MUNICIPALITIES  THAT  HAVE UNDERTAKEN SIGNIFICANT AND INNOVATIVE ACTIONS
TO IMPROVE THE OVERALL EFFICIENCY OF GOVERNMENTAL OPERATIONS AND PRODUCE
QUANTIFIABLE RECURRING FINANCIAL SAVINGS THAT REDUCE THE  MUNICIPAL  TAX
BURDEN ON RESIDENTS.
  (III)  ELIGIBILITY.  ALL MUNICIPALITIES IN NEW YORK STATE ARE ELIGIBLE
TO APPLY INDIVIDUALLY OR JOINTLY, PROVIDED HOWEVER THAT IF AN ACTION WAS
UNDERTAKEN JOINTLY,  MUNICIPALITIES  MUST  APPLY  JOINTLY  FOR  SUCH  AN
ACTION.  THE  ACTIONS FOR WHICH THEY APPLY MUST ALREADY HAVE BEEN IMPLE-
MENTED.
  (IV) USE OF AWARDS. AWARDS RECEIVED PURSUANT TO THE PROGRAM  SHALL  BE
USED BY MUNICIPALITIES FOR GENERAL MUNICIPAL PURPOSES.
  (V)  APPLICATION.  THE SECRETARY OF STATE SHALL DEVELOP AN APPLICATION
FOR MUNICIPALITIES SEEKING TO RECEIVE AWARDS AND A PROCESS BY WHICH  THE
APPLICATIONS  WILL  BE EVALUATED. SUCH APPLICATION SHALL REQUIRE MUNICI-
PALITIES TO DEMONSTRATE HOW THE ACTION FOR WHICH THEY HAVE  APPLIED  HAS
RESULTED  IN QUANTIFIABLE RECURRING SAVINGS, EFFICIENCIES, AND PERMANENT
IMPROVEMENTS TO MUNICIPAL SERVICES. THE SECRETARY OF STATE MAY FOCUS THE
PROGRAM IN SPECIFIC FUNCTIONAL SERVICE AREAS, IN WHICH CASE  SUCH  AREAS
OF FOCUS SHALL BE DETAILED IN A REQUEST FOR APPLICATIONS. NO APPLICATION
SHALL  BE  CONSIDERED FOR ACTIONS THAT COMMENCED PRIOR TO JANUARY FIRST,
TWO THOUSAND TEN.
  (VI) AWARDS. THE SECRETARY OF STATE  MAY  MAKE  AWARDS  TO  APPLICANTS
BASED  ON  FACTORS  INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF CURRENT
AND FUTURE SAVINGS, THE IMPACT OF SUCH ACTION UPON THE MUNICIPAL PROPER-
TY TAX LEVY, THE SIZE AND COMPLEXITY OF THE ACTION, AND THE ABILITY  FOR
THE  ACTION  TO BE REPLICATED BY OTHER MUNICIPALITIES. AWARDS SHALL ONLY
BE MADE TO MUNICIPALITIES FOR ACTIONS THAT HAVE BEEN FULLY  IMPLEMENTED,
THAT CLEARLY RESULTED IN QUANTIFIABLE SAVINGS AND EFFICIENCIES, AND THAT
PRODUCED PERMANENT AND QUANTIFIABLE IMPROVEMENTS TO MUNICIPAL EFFICIENCY
OR SERVICES. THE MAXIMUM AMOUNT AWARDED PER APPLICATION SHALL NOT EXCEED
THE  LESSER  OF FIVE MILLION DOLLARS OR TWENTY-FIVE DOLLARS PER RESIDENT
OF THE APPLYING MUNICIPALITIES AS OF THE MOST RECENT  FEDERAL  DECENNIAL
CENSUS,  PROVIDED,  HOWEVER,  THAT  IF  THE BOUNDARIES OF MUNICIPALITIES
JOINTLY APPLYING FOR SUCH FUNDING OVERLAP, THE RESIDENTS IN  OVERLAPPING
AREAS SHALL ONLY BE COUNTED ONCE, AND PROVIDED, FURTHER, THAT IF A COUN-
TY  JOINTLY  APPLIES  WITH  SOME BUT NOT ALL OF THE OTHER MUNICIPALITIES
THEREIN, ONLY THE RESIDENTS IN SUCH OTHER MUNICIPALITIES SHALL BE COUNT-
ED.
  (VII) REGULATION. THE SECRETARY OF STATE SHALL, PRIOR  TO  THE  ESTAB-
LISHMENT  OF  APPLICATIONS,  PROMULGATE  RULES  AND  REGULATIONS  ON THE
PROGRAM, INCLUDING BUT NOT LIMITED TO  AWARD  ELIGIBILITY  CRITERIA  AND
APPLICATION, REVIEW AND APPROVAL PROCEDURES.
  S  4.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.

                                 PART L

  Section 1. Section 4 of chapter 774 of the laws of 1989, amending  the
real  property  tax law relating to certain state lands subject to taxa-
tion is amended to read as follows:
  S 4. The agreements referred to in section three  of  this  act  shall
[enure]  INURE to the benefit of and bind the people of the state of New

S. 2807                            31                            A. 4007

York in the event that the lands which are the subject  of  said  agree-
ments are acquired by the people of the state of New York acting through
the  department  of  environmental conservation. Upon any acquisition of
such   lands  by  the  department  of  environmental  conservation,  the
provisions of section 532 of the real property tax law shall  not  apply
to the lands so acquired but the [taxation thereof] PAYMENTS DUE THEREON
shall be governed by the agreements referred to in section three of this
act  for  the  duration  of  such  agreement. [The] IN THE EVENT THAT NO
SPECIFIC APPROPRIATION SHALL HAVE BEEN MADE FOR THAT PURPOSE, THE AMOUNT
APPROPRIATED FOR PAYMENTS OF TAXES ON STATE LANDS PURSUANT  TO  SECTIONS
532  THROUGH  546 OF THE REAL PROPERTY TAX LAW SHALL BE DEEMED TO ENCOM-
PASS THE STATE'S OBLIGATION  TO  MAKE  THE  PAYMENTS  REQUIRED  BY  THIS
SECTION,  NOTWITHSTANDING  ANY LAW TO THE CONTRARY, THE taxation of such
lands will be governed by such section 532 at such time  as  the  agree-
ments cease to be effective.
  S 2. This act shall take effect immediately.

                                 PART M

  Section  1.  Section 25 of the state finance law is amended to read as
follows:
  S 25. Reappropriation  bills.    Every  appropriation  reappropriating
moneys  shall set forth clearly the year, chapter and part or section of
the act by which such appropriation was originally made, a brief summary
of the purposes of such original appropriation, and  the  year,  chapter
and  part  or  section  of  the  last  act, if any, reappropriating such
original appropriation or any part thereof, and the amount of such reap-
propriation.
  If it is proposed to change in any detail the purpose  for  which  the
original  appropriation  was made, the bill as submitted by the governor
shall show clearly [any] such change.
  ALL REAPPROPRIATIONS, WITH THE EXCEPTION OF REAPPROPRIATIONS FOR CAPI-
TAL PROJECTS FUNDS AND FEDERAL FUNDS, SHALL LAPSE FIVE YEARS  AFTER  THE
DATE  UPON  WHICH  THE  ORIGINAL APPROPRIATION WOULD LAPSE IN ACCORDANCE
WITH SECTION FORTY OF THIS CHAPTER AND  SECTION  NINETY-NINE-D  OF  THIS
CHAPTER,  AS  ADDED  BY CHAPTER FOUR HUNDRED SEVENTY-FOUR OF THE LAWS OF
NINETEEN HUNDRED NINETY-SIX, AND NO MONIES SHALL  BE  PAID  OUT  OF  THE
STATE  TREASURY  OR  ANY  OF ITS FUNDS OR THE FUNDS UNDER ITS MANAGEMENT
PURSUANT TO SUCH APPROPRIATIONS.
  S 2. This act shall take effect April 1, 2012.

                                 PART N

  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):

S. 2807                            32                            A. 4007

  a. State parks infrastructure account (01).
  6. Clean water/clean air implementation fund (079).
  7. State lottery fund (160):
  a. Education - New (03).
  b. VLT - Sound basic education fund (06).
  8. Medicaid management information system escrow fund (179).
  9.  Federal  operating  grants  fund (290) federal capital grants fund
291).
  10. Sewage treatment program management and administration fund (300).
  11. Environmental conservation special revenue fund (301):
  a. Hazardous bulk storage account (F7).
  b. Utility environmental regulation account (H4).
  c. Low level radioactive waste siting account (K5).
  d. Recreation account (K6).
  e. Conservationist magazine account (S4).
  f. Environmental regulatory account (S5).
  g. Natural resource account (S6).
  h. Mined land reclamation program account (XB).
  i. Federal grants indirect cost recovery account (IC).
  12. Environmental protection and oil spill compensation fund (303).
  13. Hazardous waste remedial fund (312):
  a. Site investigation and construction account (01).
  b. Hazardous waste remedial clean up account (06).
  14. Mass transportation operating assistance fund (313):
  a. Public transportation systems account (01).
  b. Metropolitan mass transportation (02).
  15. Clean air fund (314):
  a. Operating permit program account (01).
  b. Mobile source account (02).
  16. Centralized services fund (323).
  17. State exposition special fund (325).
  18. Agency enterprise fund (331):
  a. OGS convention center account (55).
  19. Agencies internal service fund (334):
  a. Archives records management account (02).
  b. Federal single audit account (05).
  c. Civil service law: sec 11 admin account (09).
  d. Civil service EHS occupational health program account (10).
  e. Banking services account (12).
  f. Cultural resources survey account (14).
  g. Neighborhood work project (17).
  h. Automation & printing chargeback account (18).
  i. OFT NYT account (20).
  j. Data center account (23).
  k. Human service telecom account (24).
  l. Centralized Technology services account (30).
  m. OPWDD copy center account (26).
  n. Intrusion detection account (27).
  o. Domestic violence grant account (28).
  p. Learning management system account.
  20. Miscellaneous special revenue fund (339):
  a. Statewide planning and research cooperative system account (03).
  b. OPWDD 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).

S. 2807                            33                            A. 4007

  f. Regulation of racing account (16).
  g. New York metropolitan transportation council account (17).
  h. Quality of care account (20).
  i. Cyber upgrade account (25).
  j. Certificate of need account (26).
  k. Hospital and nursing home management account (44).
  l. State university dormitory income reimbursable account (47).
  m. Energy research account (60).
  n. Criminal justice improvement account (62).
  o. Fingerprint identification and technology account (68).
  p. Environmental laboratory reference fee account (81).
  q. Clinical laboratory reference system assessment account (90).
  r. Public employment relations board account (93).
  s. Radiological health protection account (95).
  t. Teacher certification account (A4).
  u. Banking department account (A5).
  v. Cable television account (A6).
  w. Indirect cost recovery account (AH).
  x. High school equivalency program account (AI).
  y. Rail safety inspection account (AQ).
  z. Child support revenue account (AX).
  aa. Multi-agency training account (AY).
  bb. Critical infrastructure account (B3).
  cc. Insurance department account (B6).
  dd. Bell jar collection account (BJ).
  ee. Industry and utility service account (BK).
  ff. Real property disposition account (BP).
  gg. Parking account (BQ).
  hh. Asbestos safety training program account (BW).
  ii. Public service account (C3).
  jj. Batavia school for the blind account (D9).
  kk. Investment services account (DC).
  ll. Surplus property account (DE).
  mm. OPWDD day services account (DH).
  nn. Financial oversight account (DI).
  oo. Regulation of indian gaming account (DT).
  pp. Special conservation activities account (CU).
  qq. Interest assessment account (DZ).
  rr. Office of the professions account (E3).
  ss. Rome school for the deaf account (E6).
  tt. Seized assets account (E8).
  uu. Administrative adjudication account (E9).
  vv. Federal salary sharing account (EC).
  ww. New York City Assessment Account (EM).
  xx. Cultural education account (EN).
  yy. Examination and miscellaneous revenue account (ER).
  zz. Transportation regulation account (F1).
  aaa. Local services account (G3).
  bbb. DHCR mortgage servicing account (H2).
  ccc. Department of motor vehicles compulsory insurance account (H7).
  ddd. Housing indirect cost recovery account (HI).
  eee. DHCR-HCA application fee account (J5).
  fff. EPIC premium account (J6).
  ggg. Federal gasoline and diesel fuel excise tax account (L6).
  hhh. OTDA income account (L7).
  iii. Low income housing monitoring account (NG).

S. 2807                            34                            A. 4007

  jjj. Procurement opportunities newsletter account (P4).
  kkk. Corporation administration account (P6).
  lll. Montrose veteran's home account (Q6).
  mmm. Excelsior capital corporation reimbursement account (R1).
  nnn. Motor fuel quality account (R4).
  ooo. Deferred compensation administration account (R7).
  ppp. Rent revenue other account (RR).
  qqq. Rent revenue account (S8).
  rrr. Tax revenue arrearage account (TR).
  sss. Solid waste management account (W3).
  ttt. Occupational health clinics account (W4).
  uuu. Capacity contracting (XU).
  vvv. Administrative cost recovery -
       tax return preparer registration fee account (Y8).
  www. Sales tax re-registration fee account (YD).
  xxx. Equitable sharing agreement account (YP).
  yyy. Point insurance reduction program account.
  zzz. Internet point insurance reduction program account.
  aaaa. Mental hygiene program fund account (10).
  bbbb. Third party debt collection account.
  cccc. Regulation of manufactured housing account (CM).
  dddd. Business and licensing services account (A6).
  eeee. Consumer protection account (F2).
  21. State university income fund (345):
  a. State university general income offset account (11).
  22. State police and motor vehicle law enforcement fund (354):
  a. State police motor vehicle law enforcement account (02).
  23. Youth facilities improvement fund (357):
  a. Youth facilities improvement account (01).
  24. Highway safety program fund (362):
  a. Highway safety program account (01).
  25. Drinking water program management and administration fund (366):
  a. EFC drinking water program account (01).
  b. DOH drinking water program account (02).
  26. New York city county clerks offset fund (368):
  a. NYCCC operating offset account (01).
  27. Housing assistance fund (374).
  28. Housing program fund (376).
  29. Department of transportation - engineering services fund (380):
  a. Highway facility purpose account (01).
  30. Miscellaneous capital projects fund (387):
  a. Clean air capital account (08).
  b. New York racing account.
  31. Mental hygiene facilities capital improvement fund (389).
  32. Joint labor/management administration fund (394):
  a. Joint labor/management administration fund (01).
  33. Audit and control revolving fund (395):
  a. Executive direction internal audit account (04).
  b. CIO Information technology centralized services account.
  34. Health insurance internal service fund (396):
  a. Health insurance internal service account (00).
  b. Civil service employee benefits div admin (01).
  35. Correctional industries revolving fund (397).
  36. Correctional facilities capital improvement fund (399).
  37. HCRA resources fund (061):
  a. EPIC premium account (J6).

S. 2807                            35                            A. 4007

  b. Hospital based grants program account (AF).
  c. Child health plus program account (29).
  S 1-a. The state comptroller is hereby authorized and directed to loan
money  in  accordance  with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within  the  following
federal  funds,  provided  the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse  such
loans:
  1. Federal USDA-food nutrition services fund (261).
  2. Federal health and human services fund (265).
  3. Federal education grants fund (267).
  4. Federal block grant fund (269).
  5. Federal operating grants fund (290).
  6. Federal capital projects fund (291).
  7. Federal unemployment insurance administration fund (480).
  8. Federal unemployment insurance occupational training fund (484).
  9. Federal employment and training grants (486).
  S  2.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2012, up to the unencumbered balance or the  follow-
ing amounts:
  Economic Development and Public Authorities:
  1.  $175,000  from the miscellaneous special revenue fund (339) under-
ground facilities safety training account (US), to the general fund.
  2. An amount up to the unencumbered  balance  from  the  miscellaneous
special  revenue  fund  (339),  business  and licensing services account
(AG), to the general fund.
  3. $14,810,000 from the miscellaneous special revenue fund (339), code
enforcement account (07), to the general fund.
  Education:
  1. $2,210,000,000 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. $682,000,000 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. $810,000 from the general fund to the miscellaneous special revenue
fund (339), Batavia school for the blind account (D9).
  6.  $1,100,000  from  the  general  fund  to the miscellaneous special
revenue fund (339), Rome school for the deaf account (E6).
  7. $80,000,000 from the state university dormitory income  fund  (330)
to the state university residence hall rehabilitation fund (074).

S. 2807                            36                            A. 4007

  8.  $343,400,000 from the state university dormitory income fund (330)
to the miscellaneous special revenue fund (339), state university dormi-
tory income reimbursable account (47).
  9.  $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).
  10.  $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).
  11.  $8,318,000  from  the general fund to the state university income
fund (345), state university income offset account (11), for the state's
share of repayment of the STIP loan.
  12. $48,000,000 from the State University  Income  Fund  (345),  State
University  Hospitals  Income  Reimbursable  Account (22) to the general
fund for hospital debt service.
  13. $4,686,000 from the  state  university  income  fund  (345),  Long
Island Veterans' Home Account (09) to the general fund.
  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.  $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.
  3. $3,000,000 from any of the office of parks, recreation and historic
preservation  capital projects federal funds and special revenue federal
funds to the special revenue fund  (339)  federal  grant  indirect  cost
recovery account (Z1).
  4. $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).
  Family Assistance:
  1. $10,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous  special
revenue  fund  (339),  office of human resources development state match
account (2C).
  2. $3,000,000 from any of the office of children and  family  services
or office of temporary and disability assistance special revenue federal
funds  to the miscellaneous special revenue fund (339), family preserva-
tion and support services and family violence services account (GC).
  3. $6,000,000 from any of the office of children and  family  services
special  revenue  federal  funds  to  the  general  fund  for title IV-E
reimbursement of youth facility costs.
  4. $28,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal  funds  and  any  other miscellaneous revenues
generated from the operation of office of children and  family  services
programs  to  the  miscellaneous  special  revenue fund (339), office of
children and family services income account (AR).
  5. $10,000,000 from any of the office of children and family  services
or  office  of temporary and disability assistance special revenue funds
or the general fund to the miscellaneous  special  revenue  fund  (339),
connections account (WK).

S. 2807                            37                            A. 4007

  6.  $41,000,000  from  any  of  the office of temporary and disability
assistance accounts within the federal health and  human  services  fund
(265) to the general fund.
  7.  $8,300,000  from  any  of  the  office of temporary and disability
assistance accounts within the federal health and  human  services  fund
(265)  to  the  miscellaneous special revenue fund (339), client notices
account (EG).
  8. $98,980,000 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  income  account
(L7).
  9.  $2,500,000  from  any  of  the  office of temporary and disability
assistance or office of children and  family  services  special  revenue
federal funds to the miscellaneous special revenue fund (339), office of
temporary and disability assistance program account (AL).
  10.  $50,000,000  from  any  of  the  office  of  children  and family
services, office of temporary and disability assistance,  department  of
labor,  and  department  of  health special revenue federal funds to the
office of children and family  services  miscellaneous  special  revenue
fund (339), multi-agency training contract account (AY).
  11. $12,524,000 from the office of temporary and disability assistance
federal  health  and  human  services  fund  (265)  to the miscellaneous
special revenue fund (339), child support revenue account (AX).
  12. $6,300,000 from any of the office of children and family services,
office of temporary and disability assistance, department of  labor,  or
department  of  health  special revenue funds to the office of temporary
and disability assistance  miscellaneous  special  revenue  fund  (339),
multi-agency systems development account (MD).
  13.  $9,248,000  from  any  of  the office of temporary and disability
assistance special revenue federal funds, to the  miscellaneous  special
revenue fund (339), OTDA training contract account (48).
  14.  $148,000,000  from  the miscellaneous special revenue fund (339),
youth facility per Diem account (YF), to the general fund.
  15. $10,000,000 from any of the office  of  temporary  and  disability
assistance  special  revenue federal funds, to the miscellaneous special
revenue fund (339), electronic benefit transfer and common benefit iden-
tification card account (GD).
  16. Up to $3,500,000 from the combined  gifts,  grants,  and  bequests
fund (020), WB Hoyt Memorial account (78) to the general fund.
  17.  $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).
  18.  Up  to  $11,922,000  from  the miscellaneous special revenue fund
(339) state central registry (CY) to the general fund.
  General Government:
  1. $1,566,000 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).

S. 2807                            38                            A. 4007

  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. $19,260,000 from the general  fund  to  the  miscellaneous  special
revenue fund (339), alcoholic beverage control account (DB).
  9.  $1,500,000  from  the  miscellaneous  special  revenue fund (339),
federal liability account (FL), to the general fund.
  10. $23,000,000 from the miscellaneous  special  revenue  fund  (339),
revenue arrearage account (CR), to the general fund.
  11.  $1,826,000  from  the  miscellaneous  special  revenue fund (339)
revenue arrearage account (CR), to  the  miscellaneous  special  revenue
fund (339) authority budget office account.
  12.  $60,000,000  from  any account within the special revenue federal
funds receiving money pursuant to federal Medicare Part D legislation to
the general fund.
  13. $1,000,000 from the  miscellaneous  special  revenue  fund  (339),
parking  services  account (BQ), to the general fund, for the purpose of
reimbursing the costs of debt service related to state  parking  facili-
ties.
  14.  Up  to  $45,000,000  from  the  general fund to the miscellaneous
special revenue fund (339), statewide financial system account (FM).
  Health:
  1. $12,000,000 from any of the department of  health  accounts  within
the federal health and human services fund (265) to the general fund.
  2.  $139,560,000  from any of the department of health accounts within
the federal health and human services fund (265)  to  the  miscellaneous
special revenue fund (339), quality of care account (20).
  3.  $1,000,000 from the general fund to the combined gifts, grants and
bequests fund (020), breast cancer research and education account  (BD),
an  amount equal to the monies collected and deposited into that account
in the previous fiscal year.
  4. $2,464,000 from any of the department of health accounts within the
federal health and human services fund (265) to the department of health
miscellaneous  special  revenue  fund  (339),  statewide  planning   and
research cooperation system (SPARCS) program account (03).
  5.  $250,000  from  the general fund to the combined gifts, grants and
bequests fund (020), prostate cancer research, detection, and  education
account (PR), an amount equal to the moneys collected and deposited into
that account in the previous fiscal year.
  6.  $500,000  from  the general fund to the combined gifts, grants and
bequests fund (020), Alzheimer's disease research and assistance account
(AA), an amount equal to the moneys collected and  deposited  into  that
account in the previous fiscal year.
  7.  $1,000,000  from  the  miscellaneous  special  revenue fund (339),
administration account (AP), to the general fund.
  8. $600,000,000 from any of the department of health  accounts  within
the  federal  health  and human services fund (265) to the miscellaneous
special revenue fund (339),  federal  state  health  reform  partnership
account (FS).
  9.  $50,000,000  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-

S. 2807                            39                            A. 4007

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).
  12.  $1,500,000  from  the  general  fund to the miscellaneous special
revenue fund (339), quality of care improvement account (QC).
  Labor:
  1. $700,000 from the labor  standards  miscellaneous  special  revenue
fund  (339),  fee  and  penalty  account  (30),  to  the child performer
protection fund (025), child performer protection account (CP).
  2. $8,000,000 from the labor standards miscellaneous  special  revenue
fund (339), fee and penalty account (30), to the general fund.
  3.  $10,500,000  from  the unemployment insurance interest and penalty
special revenue fund (482), unemployment insurance special interest  and
penalty account (01), to the general fund.
  4.  $2,700,000  from the labor standards miscellaneous special revenue
fund (339), public work enforcement account (BA), to the general fund.
  5. $1,500,000 from the training and education program on  occupational
safety  and health fund (305), occupational safety and health inspection
account (02), to the general fund.
  Mental Hygiene:
  1. $5,000,000 from  the  miscellaneous  special  revenue  fund  (339),
mental hygiene patient income account (13), to the miscellaneous special
revenue fund (339), federal salary sharing account (EC).
  2.  $240,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene patient income account (13) to the miscellaneous  special
revenue fund (339), provider of service accounts (05).
  3.  $220,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to  the  miscellaneous  special
revenue fund (339), provider of service account (05).
  4.  $150,000,000  from  the  general fund to the miscellaneous special
revenue fund (339), mental hygiene patient income account (13).
  5. $150,000,000 from the general fund  to  the  miscellaneous  special
revenue fund (339), mental hygiene program fund account (10).
  6.  $275,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to the general fund.
  7. $180,000,000 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. $9,500,000 from the general fund  to  the  correctional  industries
revolving  fund  (397), correctional industries internal service account
(00).
  4. $8,678,000 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).
  5. $10,000,000 from federal miscellaneous operating grants fund (290),
DMNA damage account (71), to the general fund.
  6.  $16,000,000  from  the  general  fund to the miscellaneous special
revenue fund (339), crimes against revenue program account (CA).

S. 2807                            40                            A. 4007

  7. $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.
  8.  $11,500,000  from  the federal miscellaneous operating grants fund
(290) world trade center account, to the general fund.
  9. $22,100,000 from the miscellaneous special revenue fund (339) crim-
inal justice improvement account (62) to the general fund.
  10. $20,000,000 from the miscellaneous  special  revenue  fund  (339),
statewide  public  safety  communications  account  (LZ), to the general
fund.
  11. $4,000,000 from the miscellaneous special revenue fund (339) crim-
inal justice improvement  account  (62)  to  the  miscellaneous  special
revenue fund (339) legal services assistance account (IM).
  12.  $660,000  from the miscellaneous special revenue fund (339), cell
tower account (CT), 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.  $15,368,000  from  the  miscellaneous  special revenue fund (339),
compulsory insurance account (H7), to the general fund.
  4. $19,000,000 from the general fund to the mass transportation  oper-
ating  assistance  fund  (313),  public transportation systems operating
assistance account (01).
  5. $575,000,000 from the general fund to  the  dedicated  highway  and
bridge trust fund (072).
  6.  $606,000 from the miscellaneous special revenue fund (339), inter-
net point insurance reduction program account (IC), to the general fund.
  7. $2,935,000 from the clean air fund  (314),  mobile  source  account
(02), to the general fund.
  8.  $5,000 from the miscellaneous special revenue fund (339), motorcy-
cle safety account (AE), to the general fund.
  9. $165,000,000 from the mass transportation operating assistance fund
(313), metropolitan mass  transportation  operating  assistance  account
(02),  to  the general debt service fund (311), for reimbursement of the
state's expenses in connection with payments of debt service and related
expenses for the metropolitan transportation authority's  state  service
contract bonds.
  10. $16,721,000 from the mass transportation operating assistance fund
(313),  metropolitan  mass  transportation  operating assistance account
(02) to the mass transportation operating assistance fund  (313)  public
transportation systems operating assistance account (01).
  11. $35,008,000 from the mass transportation operating assistance fund
(313),  metropolitan  mass  transportation  operating assistance account
(02) to the general fund.
  Miscellaneous:
  1. $75,000,000 from the general fund to any funds or accounts for  the
purpose of reimbursing certain outstanding accounts receivable balances.
  2.  $250,000,000  from  the general fund to the debt reduction reserve
fund (064).
  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, 2012:

S. 2807                            41                            A. 4007

  1.  Upon request of the commissioner of environmental conservation, up
to $10,777,000 from revenues credited to any of the department of  envi-
ronmental  conservation special revenue funds, including $3,142,800 from
the environmental protection and oil spill compensation fund (303),  and
$1,742,600  from  the  conservation  fund  (302),  to  the environmental
conservation special revenue fund (301), indirect charges account (BJ).
  2. Upon request of the commissioner of agriculture and markets, up  to
$3,000,000  from  any special revenue fund or enterprise fund within the
department of agriculture  and  markets  to  the  miscellaneous  special
revenue  fund  (339)  administrative  costs  account, to pay appropriate
administrative expenses.
  3. Upon request of the commissioner of agriculture and markets, up  to
$2,000,000  from  the  state  exposition  special fund (325), state fair
receipts account (01) to the miscellaneous capital projects fund  (387),
state fair capital improvement account (13).
  4.  Upon  request  of  the commissioner of the division of housing and
community renewal, up to $5,500,000 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 the division of housing and
community renewal, up to $5,500,000 may be transferred from any  miscel-
laneous special revenue fund account (339), to any miscellaneous special
revenue fund (339).
  6.  Upon  request of the commissioner of health up to $15,000,000 from
revenues credited to any of the department of health's  special  revenue
funds,  to  the miscellaneous special revenue fund (339), administration
account (AP).
  S 4. Notwithstanding section 2815 of the  public  health  law  or  any
other  contrary  provision of law, upon the direction of the director of
the budget and the commissioner of health, the  dormitory  authority  of
the  state  of  New  York  is directed to transfer seven million dollars
annually from funds available and uncommitted  in  the  New  York  state
health  care  restructuring  pool  to  the health care reform act (HCRA)
resources fund - HCRA resources account.
  S 5. On or before March 31, 2012, the comptroller  is  authorized  and
directed  to  transfer  the unencumbered balance from the family benefit
fund (329) to the general fund.
  S 6. On or before March 31, 2012, the comptroller is hereby authorized
and directed to deposit earnings that  would  otherwise  accrue  to  the
general  fund  that are attributable to the operation of section 98-a of
the state finance law, to the  agencies  internal  service  fund  (334),
banking  services  account  (12),  for  the  purpose  of  meeting direct
payments from such account.
  S 7. Notwithstanding any law to the contrary, upon  the  direction  of
the  director of the budget and upon requisition by the state university
of New York, the dormitory  authority  of  the  state  of  New  York  is
directed  to  transfer, up to $22,000,000 in revenues generated from the
sale of notes or  bonds,  to  the  state  university  of  New  York  for
reimbursement  of bondable equipment for further transfer to the state's
general fund.
  S 8. Notwithstanding any law to the  contrary,  the  state  university
chancellor  or her 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, 2012.

S. 2807                            42                            A. 4007

  S  9.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university  chancel-
lor  or her designee, up to $50,000,000 from the state university income
fund (345), state university hospitals income reimbursable account (22),
for  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, 2012.
  S  10. 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 fund for
payment  of debt service related to the SUNY hospitals.  Notwithstanding
any law to the contrary, the comptroller is also hereby  authorized  and
directed, after consultation with the state university chancellor or his
or  her  designee,  to  transfer moneys from the state university income
fund (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 fund
for  payment  of debt service related to the SUNY hospitals on or before
March 31, 2012.
  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, 2012, 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 (10) or the general fund in any combina-
tion, the aggregate of which shall not exceed $350 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 $500 million from the unencumbered balance of any special  revenue
fund  or  account,  or combination of funds and accounts, to the general
fund. The amounts transferred pursuant to this authorization shall be in
addition to any other transfers  expressly  authorized  in  the  2011-12
budget.  Transfers  from  federal  funds,  debt  service  funds, capital
projects funds, or the community projects fund are not permitted  pursu-
ant  to this authorization. The director of the budget shall notify both
houses of the legislature  in  writing  prior  to  initiating  transfers
pursuant to this authorization.
  S  13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized

S. 2807                            43                            A. 4007

and directed to transfer, at the request of the director of the  budget,
up  to $75 million from the unencumbered balance of any non-general fund
or account, or combination of funds and accounts, to the  general  fund.
The amounts transferred pursuant to this authorization shall be equal to
those  savings  achieved  in such non-general funds as a result of work-
force savings actions  and  are  in  addition  to  any  other  transfers
expressly  authorized.  Transfers  from  federal funds are not permitted
pursuant to this authorization. The director of the budget shall  notify
both  houses of the legislature in writing prior to initiating transfers
pursuant to this authorization.
  S 14. Notwithstanding any provision of law to the contrary, the  power
authority  of the state of New York, as deemed feasible and advisable by
its trustees, is authorized and directed to make a contribution  to  the
state  treasury  to  the  credit  of  the  general fund in the amount of
$100,000,000 for the fiscal year commencing April  1,  2011.  The  power
authority  of  the  state  of  New  York  will  transfer  not  less than
$40,000,000 by June 30, 2011 and will  transfer  the  remainder,  up  to
$60,000,000, by January 31, 2012.
  S  14-a.    In addition to any payment made by a public benefit corpo-
ration pursuant to an assessment imposed under  sections  2975,  2975-a,
2976  and  2976-a of the public authorities law, a public benefit corpo-
ration is authorized to make voluntary contributions to the state gener-
al fund for any lawful purpose at  any  time  from  any  public  benefit
corporation funds in such amounts as deemed to be feasible and advisable
by such public benefit corporation's governing board after due consider-
ation  of  the  public  benefit  corporation's legal and financial obli-
gations.   Notwithstanding any other law, the  payment  of  a  voluntary
payment  pursuant to this subdivision is deemed to be a valid and proper
purpose for which available funds may  be  applied.  Voluntary  contrib-
utions  made  pursuant to this subdivision shall be payable to the state
treasury to the credit of the general fund.
  S 15. Notwithstanding any provision of law to the contrary, the  foun-
dation  for  science,  technology and innovation, as deemed feasible and
advisable by its board of directors, is authorized and directed to  make
a  contribution  to the state treasury to the credit of the general fund
in the amount of $500,000 for the fiscal year commencing April 1, 2011.
  S 16. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
amended  by  section 15 of part JJ of chapter 56 of the laws of 2010, is
amended to read as follows:
  5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four  hundred  eighty-
one  and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, or any other provisions of law to the contrary, during the fiscal
year beginning April first, two thousand ten, the state  comptroller  is
hereby  authorized  and directed to deposit to the fund created pursuant
to this section from amounts collected pursuant to article twenty-two of
the tax law and pursuant to a schedule submitted by the director of  the
budget,  up  to  [$3,308,000,000] $3,292,520,000, as may be certified in
such schedule as necessary to meet the purposes of  such  fund  for  the
fiscal year beginning April first, two thousand [ten] ELEVEN.
  S  17. Subdivision (b) of section 19-a of part PP of chapter 56 of the
laws of 2009, providing funding for certain community projects, relating
to increasing such funding, is REPEALED.
  S 18. The comptroller is authorized and directed  to  deposit  to  the
general fund-state purposes account reimbursements from moneys appropri-
ated  or  reappropriated to the correctional facilities capital improve-

S. 2807                            44                            A. 4007

ment fund (399) by a chapter of the laws of 2011.  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 2011 for costs associated with the administration
and security of capital projects and for other costs which are attribut-
able, according to a plan, to such capital projects.
  S  19.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $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  20.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed to  deposit,
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,365,000 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. 2807                            45                            A. 4007

  S 21. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $30,174,000 authorized by chapter
55 of the laws of 2003 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation or other financing source for  a  capital  appropriation  of
$19,500,000  authorized  by chapter 50 of the laws of 2003 to the office
of general services for payment of capital construction costs for the 51
Elk street parking garage  building  located  in  the  city  of  Albany,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation for disbursements of up to $10,000,000 from  any
capital appropriation or reappropriation authorized by chapter 50 of the
laws  of  2003  to  the office of general services for various purposes,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $13,250,000
authorized by chapter 55 of the laws of 2003 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  dormitory authority for disbursements of up to $16,400,000 from any
capital appropriation or reappropriation authorized by chapter 51 of the
laws of 2003 to the judiciary for courthouse improvements, reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation  for  disbursements of up to $10,000,000 from appropriations
or reappropriations authorized by chapter 50 of the laws of 2003 to  any
agency  for  costs  related to homeland security, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $10,000,000 authorized by  chapter
55  of  the laws of 2003 to the department of environmental conservation
for Onondaga lake, reimbursement from the proceeds  of  notes  or  bonds
issued  by the environmental facilities corporation for disbursements of
up to $11,000,000 from any capital  appropriations  or  reappropriations
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 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 $28,893,000 authorized by chapter
55  of  the laws of 2004 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  disbursements  of  up  to $10,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2004 to the office of general services for various purposes,  reimburse-
ment  from  the  proceeds  of notes or bonds issued by the environmental
facilities  corporation  for  a  capital  appropriation  of  $11,350,000
authorized  by chapter 55 of the laws of 2004 to the energy research and

S. 2807                            46                            A. 4007

development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation, for a capital appropriation of
$10,000,000  authorized by chapter 55 of the laws of 2004 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by  the  environmental  facilities
corporation  for  disbursements  of  up  to $11,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the  laws
of  2004  to  the  department of environmental conservation for environ-
mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
issued  by  the  dormitory  authority  for  a  capital  appropriation of
$80,000,000 authorized by chapter 53 of the laws of 2004 to  the  educa-
tion  department  for  capital  transition  grants  for  transportation,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority for a capital appropriation of $243,000,000  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 $290,000,000 authorized by chapter  3  of
the laws of 2004 for the New York state economic development program.
  S  23.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,602,000 authorized by  chapter
55  of  the laws of 2005 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  disbursements  of  up  to $10,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2005 to the office of general services for various purposes,  reimburse-
ment  from  the  proceeds  of notes or bonds issued by the environmental
facilities  corporation  for  a  capital  appropriation  of  $11,350,000
authorized  by chapter 55 of the laws of 2005 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation  of
$10,000,000  authorized by chapter 55 of the laws of 2005 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by  the  environmental  facilities
corporation  for  disbursements  of  up  to $11,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the  laws
of  2005  to  the  department of environmental conservation for environ-
mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
issued  by the urban development corporation for a capital appropriation
of $350,000,000 authorized by chapter 55 of the laws  of  2005  for  the
Javits  center, reimbursement from the proceeds of notes or bonds issued
by the dormitory authority for a capital  appropriation  of  $88,344,000
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 $176,661,000  authorized  by

S. 2807                            47                            A. 4007

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 $48,517,000
authorized  by  chapter  162  of the laws of 2005 for the New York state
economic development program, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $150,000,000 authorized by chapter 62 of  the  laws  of
2005  for  the  higher  education  facilities  capital  matching  grants
program, reimbursement from the proceeds of notes or bonds issued by the
dormitory authority or other financing source for  a  capital  appropri-
ation  of $4,000,000 authorized by chapter 50 of the laws of 2005 to the
office of general services for payment of capital construction costs for
the Elk street parking garage building located in the  city  of  Albany,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation  for  a  capital  appropriation  of  $15,000,000
authorized  by  chapter  53  of  the laws of 2005 to the state education
department for payment of capital construction costs for  public  broad-
casting  facilities,  reimbursement  from the proceeds of notes or bonds
issued by the urban development corporation for a capital  appropriation
of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-
sion of state police for public protection facilities, and reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation for capital disbursements of up to $3,000,000 from any capi-
tal appropriation or reappropriation authorized by  chapter  50  of  the
laws  of  2005 to the division of military and naval affairs for various
purposes.
  S 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 $29,600,000 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

S. 2807                            48                            A. 4007

disbursements of up to $12,400,000 from  any  capital  appropriation  or
reappropriation  authorized  by  chapter  50  of the laws of 2006 to the
division of state police for public protection facilities, reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation for a capital appropriation of  $117,000,000  authorized  by
chapter 50 of the laws of 2006 to all state departments and agencies for
the  purchase  of equipment, reimbursement from the proceeds of notes or
bonds issued by the dormitory authority or the urban development  corpo-
ration  for  all  or a portion of capital appropriations of $603,050,000
authorized by chapter 108 of the laws of 2006 to the  urban  development
corporation  for economic development/other projects, reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration for a capital appropriation of $269,500,000 authorized by chapter
108 of the laws of 2006 to the dormitory authority or the urban develop-
ment  corporation  for economic development projects, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority or  the
urban   development   corporation   for   a   capital  appropriation  of
$201,500,000 authorized by chapter 108 of the laws of 2006 to the  urban
development  corporation for university development projects, reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity or for a capital appropriation of $143,000,000 authorized by chapter
108 of the laws  of  2006  to  the  urban  development  corporation  for
cultural  facilities  projects, reimbursement from the proceeds of notes
or bonds issued by the dormitory  authority  or  the  urban  development
corporation  for  capital appropriations totaling $60,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development  corporation
for  energy/environmental  projects,  reimbursement from the proceeds of
notes or bonds issued by the dormitory authority or the  urban  develop-
ment  corporation  for a capital appropriation of $20,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development  corporation
for  a  competitive  solicitation for construction of a pilot cellulosic
ethanol refinery, reimbursement from the  proceeds  of  notes  or  bonds
issued  by the urban development corporation for a capital appropriation
of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
development corporation for services and expenses related to infrastruc-
ture for a new stadium in Queens  county,  and  reimbursement  from  the
proceeds  of  notes or bonds issued by the urban development corporation
for a capital appropriation of $74,700,000 authorized by chapter  55  of
the  laws  of 2006 to the urban development corporation for services and
expenses related to infrastructure improvements to construct a new park-
ing facility at a new stadium in Bronx county,  reimbursement  from  the
proceeds  of  notes  and  bonds  issued  by the environmental facilities
corporation for a capital  appropriation  of  $5,000,000  authorized  by
chapter  55  of  the laws of 2006 to the environmental facilities corpo-
ration for payment for the pipeline for jobs program, reimbursement from
the proceeds of notes or bonds issued by  the  dormitory  authority  for
capital  disbursements  of  up to $14,000,000 from any capital appropri-
ation or reappropriation authorized by chapter 53 of the  laws  of  2006
for the library construction purpose, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory  authority for an appropriation of $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

S. 2807                            49                            A. 4007

notes or bonds issued by the urban development corporation or the dormi-
tory authority for an appropriation of $25,000,000 authorized by chapter
53 of the laws of 2006 for the town of Smithtown/Kings Park  psychiatric
center rehabilitation, reimbursement from the proceeds of notes or bonds
issued  by  the urban development corporation or the dormitory authority
for an appropriation of $5,000,000 authorized by chapter 108 of the laws
of 2006 for a state of New York umbilical cord bank, reimbursement  from
the  proceeds  of  notes or bonds issued by the urban development corpo-
ration 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 Cornell equine drug testing laboratory, reimbursement from
the  proceeds  of  notes or bonds issued by the urban development corpo-
ration or the dormitory authority for  an  appropriation  of  $2,000,000
authorized  by  chapter  53  of the laws of 2006 for a Fredonia 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  develop-
ment corporation for an appropriation of $40,000,000 authorized by chap-
ter 108 of the laws of 2006 for a food testing laboratory, 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 semi-
conductor 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  develop-
ment  activities of a semiconductor manufacturer, and reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration for capital disbursements of up to $300,000,000 from an appropri-
ation  to the urban development corporation authorized by chapter 108 of
the laws of 2006 for community revitalization projects.
  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 $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

S. 2807                            50                            A. 4007

development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  environmental facilities corporation for a capital appropriation of
$10,000,000  authorized by chapter 55 of the laws of 2007 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by  the  environmental  facilities
corporation  for  disbursements  of  up  to $12,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the  laws
of  2007  to  the  department of environmental conservation for environ-
mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
issued by the urban development corporation for capital disbursements of
up  to  $3,000,000  from  any  capital  appropriation or reappropriation
authorized by chapter 50 of the laws of 2007 to the division of military
and naval affairs for various purposes, reimbursement from the  proceeds
of  notes  or  bonds  issued  by  the  urban development corporation for
disbursements from a capital appropriation of $50,000,000 authorized  by
chapter  50  of  the  laws  of  2007 to the division of state police for
construction of a Troop G facility, reimbursement from the  proceeds  of
notes or bonds issued by the urban development corporation for disburse-
ments  from  a capital appropriation of $6,000,000 authorized by chapter
50 of the laws of 2007 to the division of state police for  construction
of evidence storage facilities, reimbursement from the proceeds of notes
or  bonds  issued  by  the  dormitory authority or the urban development
corporation for capital appropriations 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 appropriation or reappropriation authorized
by chapter 53 of the laws of 2007 for library  construction,  reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity  for  capital  disbursements  of  up to $60,000,000 from any capital
appropriation or reappropriation authorized 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  appro-
priation or reappropriation authorized by chapter 55 of the laws of 2007
for Roosevelt Island Operating Corporation aerial tramway, reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation  for  capital  disbursements  of  up to $20,000,000 from any
capital appropriation or reappropriation 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 Harri-
man 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  appropriations authorized by chapter 50 of the laws of

S. 2807                            51                            A. 4007

2007 made to the office  of  general  services  for  legislative  office
building hearing rooms.
  S  26.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by  chapter
55  of  the laws of 2008 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  a  capital appropriation of $141,000,000 authorized by
chapter 50 of the laws of 2008 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for disbursements of up to $45,500,000 from any capital appropriation or
reappropriation  authorized  by  chapter  50  of the laws of 2008 to the
office of general services for various purposes, reimbursement from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $13,500,000 authorized by chapter
55 of the laws of 2008 to the energy research and development  authority
for  the  Western  New  York  Nuclear  Service  Center  at  West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2008 to the department of  envi-
ronmental   conservation  for  Onondaga  lake,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by chapter 55 of the laws of  2008
to  the  department  of  environmental  conservation  for  environmental
purposes, reimbursement from the proceeds of notes or  bonds  issued  by
the  urban  development  corporation  for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation  authorized
by  chapter 50 of the laws of 2008 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $2,500,000 authorized by chapter 50 of the laws of 2008
to the  office  for  technology  for  activities  related  to  broadband
service, reimbursement from the proceeds of notes or bonds issued by the
urban  development corporation for a capital appropriation of $6,000,000
authorized by chapter 50 of the laws of 2008 to the  division  of  state
police for rehabilitation of facilities, reimbursement from the proceeds
of  notes or bonds issued by the dormitory authority of the state of New
York or other financing source for a capital appropriation authorized by
chapter 53 of the laws of 2008 of $14,000,000 to the  education  depart-
ment  for library construction, reimbursement from the proceeds of notes
or bonds issued by the dormitory authority of the state of New  York  or
other financing source for a capital appropriation authorized by chapter
53  of  the  laws of 2008 of $15,000,000 to the education department for
museum renewal projects, reimbursement from the  proceeds  of  notes  or
bonds  issued by the urban development corporation for capital appropri-
ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the
urban development corporation for services and expenses related  to  the
investment opportunity fund, reimbursement from the proceeds of notes or
bonds  issued by the urban development corporation for capital appropri-
ation of $28,000,000 authorized by chapter 53 of the laws of 2008 to the

S. 2807                            52                            A. 4007

urban development corporation for services and expenses related to  arts
and cultural projects, reimbursement from the proceeds of bonds or notes
issued  by the urban development corporation for a capital appropriation
of $32,148,000 authorized by chapter 53 of the laws of 2008 for economic
and  community  development projects, reimbursement from the proceeds of
bonds or notes issued by the urban development corporation for a capital
appropriation of $30,000,000 authorized by chapter 53  of  the  laws  of
2008  for  New  York city waterfront development projects, reimbursement
from the proceeds of bonds or notes  issued  by  the  urban  development
corporation  for  a  capital  appropriation of $45,000,000 authorized by
chapter 53  of  the  laws  of  2008  for  Luther  Forest  infrastructure
projects,  reimbursement  from  the proceeds of notes or bonds issued by
the  urban  development  corporation  for   capital   appropriation   of
$35,000,000  authorized  by  chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related  to  downstate
regional  projects,  reimbursement  from  the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$137,037,000 authorized by chapter 53 of the laws of 2008 to  the  urban
development  corporation  for  services  and expenses related to upstate
city-by-city projects, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$35,000,000 authorized by chapter 53 of the laws of 2008  to  the  urban
development  corporation  for services and expenses related to the down-
state revitalization projects, reimbursement from the proceeds of  notes
or  bonds issued by the urban development corporation for capital appro-
priation of $117,265,000 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  $25,000,000  authorized  by chapter 53 of the laws of
2008 to the urban development  corporation  for  services  and  expenses
related   to   the   upstate  agricultural  economic  development  fund,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development   corporation  for  capital  appropriation  of  $350,000,000
authorized by chapter 53 of the laws of 2008 to  the  urban  development
corporation  for  services  and  expenses  related to the New York state
capital assistance program, reimbursement from the proceeds of notes  or
bonds  issued by the urban development corporation for capital appropri-
ation of $341,332,000 authorized by chapter 53 of the laws  of  2008  to
the  urban  development corporation for services and expenses related to
the  New  York  state  economic  development  assistance  program,   and
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation for capital appropriation of $20,000,000 author-
ized by chapter 55 of the laws of 2008 to the urban  development  corpo-
ration  for  services  and expenses related to the empire state economic
development fund.
  S 27. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 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

S. 2807                            53                            A. 4007

chapter 50 of the laws of 2009 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds  of  notes or bonds issued by the urban development corporation
for disbursements of up to $24,000,000 from any capital appropriation or
reappropriation  authorized  by  chapter  50  of the laws of 2009 to the
office of general services for various purposes, reimbursement from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $13,500,000 authorized by chapter
55 of the laws of 2009 to the energy research and development  authority
for  the  Western  New  York  Nuclear  Service  Center  at  West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2009 to the department of  envi-
ronmental   conservation  for  Onondaga  lake,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by chapter 55 of the laws of  2009
to  the  department  of  environmental  conservation  for  environmental
purposes, reimbursement from the proceeds of notes or  bonds  issued  by
the  urban  development  corporation  for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation  authorized
by  chapter 50 of the laws of 2009 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009
to the division  of  state  police  for  rehabilitation  of  facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  of  the state of New York or other financing source for a
capital appropriation authorized by chapter 53 of the laws  of  2009  of
$14,000,000  to the state education department for library construction,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing  source  for  a
capital  appropriation  of  $4,000,000 to the state education department
for rehabilitation associated  with  the  St.  Regis  Mohawk  elementary
school  authorized  by  chapter 53 of the laws of 2009 and reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation for capital appropriation of $25,000,000 authorized by chap-
ter  55  of  the  laws  of 2009 to the urban development corporation for
services and expenses related to the empire state  economic  development
fund.
  S  28.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by  chapter
55  of  the laws of 2010 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  a  capital appropriation of $187,285,000 authorized by
chapter 50 of the laws of 2010 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for disbursements of up to $26,950,000 from any capital appropriation or
reappropriation  authorized  by  chapter  50  of the laws of 2010 to the
office of general services for various purposes, reimbursement from  the

S. 2807                            54                            A. 4007

proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for  a capital appropriation of $5,000,000 authorized by chapter
55 of the laws of 2010 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  $12,000,000  from any capital appropriations or reappropriations
authorized by chapter 55 of the laws of 2010 to the department of  envi-
ronmental  conservation  for  environmental purposes, reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration  for  capital  disbursements of up to $3,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2010 to the division of military and naval affairs for various purposes,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development  corporation  for  a  capital  appropriation  of  $6,000,000
authorized by chapter 50 of the laws of 2010 to the  division  of  state
police for rehabilitation of facilities, reimbursement from the proceeds
of  notes or bonds issued by the dormitory authority of the state of New
York  or  other  financing  source  for  a  capital   appropriation   of
$14,000,000  authorized  by  chapter 53 of the laws of 2010 to the state
education department for library construction, reimbursements  from  the
proceeds  of  notes  or  bonds  issued by the dormitory authority of the
state of New York or other financing source for a capital  appropriation
of  $20,400,000  authorized  by  chapter  100 of the laws of 2010 to the
state  education  department  for  the  longitudinal  data  system   and
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  of  the state of New York or other financing source for a
capital appropriation of $42,000,000  for  the  state  preparedness  and
training center.
  S  29.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $35,000,000 authorized by a  chap-
ter  of the laws of 2011 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 $92,751,000 authorized by a
chapter of the laws of 2011 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 $40,000,000 from any capital appropriation or
reappropriation authorized by a chapter of  the  laws  of  2011  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 disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by a chapter of the laws  of  2011
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 2011 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  2011
to  the  division  of  state  police  for  rehabilitation of facilities,

S. 2807                            55                            A. 4007

reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing  source  for  a
capital appropriation of $14,000,000 authorized by a chapter of the laws
of  2011  to  the  state  education department for library construction,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development   corporation  for  capital  appropriation  of  $130,550,000
authorized by a chapter of the laws of 2011  to  the  urban  development
corporation  for  services and expenses related to the regional economic
development council initiative, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital  appro-
priation  of $100,000,000 authorized by a chapter of the laws of 2011 to
the urban development corporation for services and expenses  related  to
the economic transformation program.
  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 state university residence hall rehabilitation fund
(074),  reimbursement  from the proceeds of notes or bonds issued by the
dormitory authority of the state of New York for  capital  disbursements
of  up to $331,000,000 from any appropriation or reappropriation author-
ized by a chapter of the laws of 2011.
  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 dormitory authority and urban
development corporation for disbursements of up to  $8,000,000  from  an
appropriation  authorized  by  chapter  50  of the laws of 2009 for drug
courts.
  S 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
chapter 53 of the laws of 2009 to the city university of  New  York  for
various 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
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, 2011, 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

S. 2807                            56                            A. 4007

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. Subdivision 8 of section 68-b  of  the  state  finance  law,  as
amended  by  chapter  79  of  the  laws  of  2010, is amended to read as
follows:
  8. Revenue bonds may  only  be  issued  for  authorized  purposes,  as
defined  in  section  sixty-eight-a of this article. Notwithstanding the
foregoing, the dormitory authority of the state  of  New  York  and  the
urban development corporation may issue revenue bonds for any authorized
purpose of any other such authorized issuer [through March thirty-first,
two thousand eleven]. The authorized issuers shall not issue any revenue
bonds  in  an  amount  in  excess  of  statutory authorizations for such
authorized purposes. Authorizations for such authorized  purposes  shall
be  reduced in an amount equal to the amount of revenue bonds issued for
such authorized purposes under this article. Such reduction shall not be
made in relation to revenue bonds issued to fund reserve funds, if  any,
and  costs  of  issuance,  if these items are not counted under existing
authorizations, nor shall revenue bonds issued to  refund  bonds  issued
under existing authorizations reduce the amount of such authorizations.
  S  36.  Subdivision  2  of  section  68-a of the state finance law, as
amended by chapter 79 of the  laws  of  2010,  is  amended  to  read  as
follows:

S. 2807                            57                            A. 4007

  2. "Authorized purpose" for purposes of this article and section nine-
ty-two-z  of  this  chapter shall mean any purposes for which state-sup-
ported debt, as defined by section sixty-seven-a of this chapter, may or
has been issued except debt for  which  the  state  is  constitutionally
obligated  thereunder  to  pay  debt  service  and related expenses, and
except (a) as authorized in paragraph (b) of subdivision one of  section
three  hundred eighty-five of the public authorities law, (b) as author-
ized for the department of health of the state of New York facilities as
specified in paragraph a of subdivision two of section  sixteen  hundred
eighty  of  the public authorities law, (c) state university of New York
dormitory facilities  as  specified  in  subdivision  eight  of  section
sixteen  hundred seventy-eight of the public authorities law, and (d) as
authorized for mental health services facilities by  section  nine-a  of
section  one of chapter three hundred ninety-two of the laws of nineteen
hundred seventy-three constituting  the  New  York  state  medical  care
facilities  financing  act. Notwithstanding the provisions of clause (d)
of this subdivision, for the  period  April  first,  two  thousand  nine
through  March thirty-first, two thousand [eleven] TWELVE, mental health
services facilities, as authorized by section nine-a of section  one  of
chapter  three hundred ninety-two of the laws of nineteen hundred seven-
ty-three constituting the New York state medical care facilities financ-
ing act, shall constitute an authorized purpose.
  S 37. Section 51 of part RR of chapter 57 of the laws of 2008, provid-
ing for the administration of certain funds and accounts related to  the
2008-2009  budget,  as  amended  by  chapter  48 of the laws of 2010, 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, 2011;] and provided,
further,  however,  that sections one, three, four, and eighteen through
twenty-seven of this act shall expire March 31, 2009 when upon such date
the provisions of such sections shall be deemed repealed;  and  provided
further  that  section  fourteen of this act shall expire March 31, 2011
when upon such date the provisions  of  such  section  shall  be  deemed
repealed.
  S  38.  Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 48 of part JJ of chapter 56 of the laws  of  2010,
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  nine  hundred  [three] FIFTEEN million seven hundred
forty-seven thousand dollars, exclusive of bonds issued to fund any debt
service reserve funds, pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise  repay  bonds  or  notes  previously
issued.   Such bonds and notes of the corporation shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they  be
payable  out  of any funds other than those appropriated by the state to
the corporation for debt service and related expenses  pursuant  to  any
service  contracts executed pursuant to subdivision one of this section,

S. 2807                            58                            A. 4007

and such bonds and notes shall contain on the face thereof  a  statement
to such effect.
  S  39.  Subdivision  (a)  of section 28 of part Y of chapter 61 of the
laws of 2005, providing for the  administration  of  certain  funds  and
accounts  related  to  the 2005-2006 budget, as amended by section 49 of
part JJ of chapter 56 of the  laws  of  2010,  is  amended  to  read  as
follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law  to  the  contrary,  one  or  more
authorized  issuers  as defined by section 68-a of the state finance law
are hereby authorized to issue bonds or notes in one or more  series  in
an  aggregate  principal amount not to exceed [$18,000,000] $21,000,000,
excluding bonds issued to finance  one  or  more  debt  service  reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to  refund or otherwise repay such bonds or notes previously issued, for
the purpose of financing capital projects for public protection  facili-
ties  in  the  Division  of Military and Naval Affairs, debt service and
leases; and to reimburse the state general fund for  disbursements  made
therefor.  Such bonds and notes of such authorized issuer shall not be a
debt of the state, and the state shall not be liable thereon, nor  shall
they  be  payable  out of any funds other than those appropriated by the
state to such authorized issuer for debt service  and  related  expenses
pursuant to any service contract executed pursuant to subdivision (b) of
this  section and such bonds and notes shall contain on the face thereof
a statement to such effect. Except for purposes of  complying  with  the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
  S  40.  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 50 of
part JJ of chapter 56 of the  laws  of  2010,  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  $67,000,000  excluding  bonds  issued  to  fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes  previ-
ously  issued,  for  the  purpose  of financing capital costs related to
homeland security and training facilities  for  the  division  of  state
police,  the division of military and naval affairs, and any other state
agency, including the reimbursement of any disbursements made  from  the
state  capital projects fund, and is hereby authorized to issue bonds or
notes in one or more series in an  aggregate  principal  amount  not  to
exceed  [$165,800,000]  $205,800,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs  of  issuance  of  such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing improvements to
State office buildings and other facilities located statewide, including
the  reimbursement  of  any  disbursements  made  from the state capital
projects fund. Such bonds and notes of the corporation shall  not  be  a
debt  of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those  appropriated  by  the
state  to the corporation for debt service and related expenses pursuant
to any service contracts executed pursuant to subdivision  (b)  of  this

S. 2807                            59                            A. 4007

section,  and  such  bonds and notes shall contain on the face thereof a
statement to such effect.
  S  41.  Subdivision  4  of  section  66-b of the state finance law, as
amended by section 51 of part JJ of chapter 56 of the laws of  2010,  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  seven  hundred
[fifty-one]   EIGHTY-FOUR   million  two  hundred  eighty-five  thousand
dollars. Such amount shall be exclusive of certificates of participation
or similar instruments issued to fund a reserve fund or funds, costs  of
issuance and to refund outstanding certificates of participation.
  S 42. 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  52  of part JJ of chapter 56 of the laws of 2010, 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 six billion [one] FOUR  hundred
[sixty-four]  NINETY  million [sixty-nine] FOUR HUNDRED SIXTY-NINE thou-
sand dollars [$6,164,069,000]  $6,490,469,000,  and  shall  include  all
bonds,  notes and other obligations issued pursuant to chapter 56 of the
laws of 1983, as amended or supplemented. The proceeds  of  such  bonds,
notes  or  other  obligations shall be paid to the state, for deposit in
the correctional facilities capital improvement fund to pay for  all  or
any  portion  of  the amount or amounts paid by the state from appropri-
ations or reappropriations  made  to  the  department  [of  correctional
services] OF CORRECTIONS AND COMMUNITY SUPERVISION from the correctional
facilities  capital improvement fund for capital projects. The aggregate
amount of bonds, notes or other  obligations  authorized  to  be  issued
pursuant to this section shall exclude bonds, notes or other obligations
issued  to  refund  or otherwise repay bonds, notes or other obligations
theretofore issued, the proceeds of which were paid to the state for all
or a portion of the amounts expended by the state from appropriations or
reappropriations made  to  the  department  of  [correctional  services]
CORRECTIONS  AND COMMUNITY SUPERVISION; provided, however, that upon any
such refunding or repayment the  total  aggregate  principal  amount  of
outstanding  bonds,  notes  or other obligations may be greater than six
billion [one] FOUR hundred [sixty-four] NINETY million [sixty-nine] FOUR
HUNDRED SIXTY-NINE  thousand  dollars  [$6,164,069,000]  $6,490,469,000,
only if the present value of the aggregate debt service of the refunding
or  repayment  bonds,  notes or other obligations to be issued shall not
exceed the present value of the aggregate debt  service  of  the  bonds,
notes or other obligations so to be refunded or repaid. For the purposes
hereof, the present value of the aggregate debt service of the refunding
or repayment bonds, notes or other obligations and of the aggregate debt
service  of the bonds, notes or other obligations so refunded or repaid,
shall be calculated by utilizing the  effective  interest  rate  of  the
refunding or repayment bonds, notes or other obligations, which shall be

S. 2807                            60                            A. 4007

that   rate  arrived  at  by  doubling  the  semi-annual  interest  rate
(compounded  semi-annually)  necessary  to  discount  the  debt  service
payments on the refunding or repayment bonds, notes or other obligations
from  the payment dates thereof to the date of issue of the refunding or
repayment bonds, notes or other obligations and to the price bid includ-
ing estimated accrued interest or proceeds received by  the  corporation
including estimated accrued interest from the sale thereof.
  S 43. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of  1997,  providing  for  the  financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended  by
section  53  of part JJ of chapter 56 of the laws of 2010, is amended to
read as follows:
  1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby  authorized  to  issue  bonds,  notes and other obligations in an
aggregate principal amount not to exceed [three] FOUR hundred  [seventy-
nine]   TWENTY-NINE   million  five  hundred  fifteen  thousand  dollars
[($379,515,000)]  ($429,515,000),  which  authorization  increases   the
aggregate principal amount of bonds, notes and other obligations author-
ized by section 40 of chapter 309 of the laws of 1996, and shall include
all bonds, notes and other obligations issued pursuant to chapter 211 of
the  laws  of  1990,  as  amended  or supplemented. The proceeds of such
bonds, notes or other obligations shall be paid to the state, for depos-
it in the youth facilities improvement fund,  to  pay  for  all  or  any
portion  of  the amount or amounts paid by the state from appropriations
or reappropriations made to the office of children and  family  services
from  the  youth  facilities  improvement fund for capital projects. The
aggregate amount of bonds, notes and other obligations authorized to  be
issued  pursuant  to  this  section  shall exclude bonds, notes or other
obligations issued to refund or otherwise repay bonds,  notes  or  other
obligations  theretofore  issued, the proceeds of which were paid to the
state for all or a portion of the amounts expended  by  the  state  from
appropriations  or  reappropriations  made to the office of children and
family services; provided, however, that  upon  any  such  refunding  or
repayment  the  total  aggregate  principal amount of outstanding bonds,
notes or other obligations may be  greater  than  [three]  FOUR  hundred
[seventy-nine] TWENTY-NINE million five hundred fifteen thousand dollars
[($379,515,000)]  $429,515,000,  only if the present value of the aggre-
gate debt service of the refunding or repayment bonds,  notes  or  other
obligations  to  be  issued  shall  not  exceed the present value of the
aggregate debt service of the bonds, notes or other obligations so to be
refunded or repaid. For the purposes hereof, the present  value  of  the
aggregate  debt  service  of  the refunding or repayment bonds, notes or
other obligations and of the aggregate debt service of the bonds,  notes
or  other  obligations  so  refunded  or  repaid, shall be calculated by
utilizing the effective interest rate  of  the  refunding  or  repayment
bonds,  notes  or other obligations, which shall be that rate arrived at
by doubling the semi-annual  interest  rate  (compounded  semi-annually)
necessary  to  discount  the  debt  service payments on the refunding or
repayment bonds, notes or other obligations from the payment dates ther-
eof to the date of issue of the refunding or repayment bonds,  notes  or
other  obligations  and  to  the  price  bid including estimated accrued
interest or proceeds received by  the  corporation  including  estimated
accrued interest from the sale thereof.

S. 2807                            61                            A. 4007

  S  44.  Paragraph  (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 54 of part JJ of  chapter  56
of the laws of 2010, 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 [five] SIX  hundred
[thirty-two]  THIRTY-SIX million [two] FOUR hundred ninety-nine thousand
dollars, plus a principal amount  of  bonds  issued  to  fund  the  debt
service  reserve  fund  in accordance with the debt service reserve fund
requirement established by the agency and to  fund  any  other  reserves
that  the agency reasonably deems necessary for the security or marketa-
bility of such bonds and to provide for the payment of  fees  and  other
charges  and  expenses,  including  underwriters'  discount, trustee and
rating agency fees, bond insurance,  credit  enhancement  and  liquidity
enhancement  related to the issuance of such bonds and notes. No reserve
fund securing the housing program bonds shall be entitled or eligible to
receive state funds apportioned or appropriated to maintain  or  restore
such  reserve  fund at or to a particular level, except to the extent of
any deficiency resulting directly or indirectly from a  failure  of  the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
  S  45.  Paragraph  j  of  subdivision  2 of section 1680 of the public
authorities law, as amended by section 37 of part PP of  chapter  56  of
the laws of 2009, is amended to read as follows:
  j.  Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two  for  a  housing  unit  for  the  use  of
students  at  a  state-operated  institution  or  statutory  or contract
college under the jurisdiction of the state university of New York shall
be one billion [two] FIVE hundred [thirty]  SIXTY-ONE  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  46.  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 2 of part C of chapter 109 of the laws of 2010, 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

S. 2807                            62                            A. 4007

cost  not  in  excess of [$6,286,660,000] $6,695,169,000 cumulatively by
the end of fiscal year [2010-2011] 2011-12.
  S  47. Subdivision 5 of section 3234 of the public authorities law, as
amended by chapter 81 of the laws 2002, is amended to read as follows:
  5. A majority of the whole number of directors then  in  office  shall
constitute  a quorum for the transaction of any business or the exercise
of any power of the corporation. Except as otherwise specified  in  this
title,  for the transaction of any business or the exercise of any power
of the corporation, the corporation shall have power to act by a majori-
ty of the directors present at any meeting  at  which  a  quorum  is  in
attendance;  provided  that  one  or more directors may participate in a
meeting by means  of  conference  telephone  or  similar  communications
equipment  allowing  all  directors participating in the meeting to hear
each other at the same  time  and  participation  by  such  means  shall
constitute  presence  in  person  at  a meeting. A unanimous vote of all
directors THEN IN OFFICE shall be required for approval of a  resolution
authorizing  the issuance of bonds or notes or any supplemental or amen-
datory resolution.  The corporation may delegate to one or more  of  its
directors,  or officers, agents and employees, such powers and duties as
the directors may deem proper. Five days notice shall be given  to  each
director and nonvoting representative prior to any meeting of the corpo-
ration.
  S  48.  Paragraph  (e)  of subdivision 1 of section 3236 of the public
authorities law, as amended by chapter 219  of  the  laws  of  1999,  is
amended to read as follows:
  (e)  Such bonds shall be sold to the bidder offering the lowest inter-
est cost to the corporation, taking into consideration  any  premium  or
discount  and,  in  the  case  of refunding bonds, the bona fide initial
public offering price, not less than four nor more  than  fifteen  days,
Sundays  excepted,  after  a  notice  of such sale has been published at
least once in a definitive  trade  publication  of  the  municipal  bond
industry  published  on each business day in the state of New York which
is generally available to participants in the municipal  bond  industry,
which  notice shall state the terms of the sale. The corporation may not
change the terms of the sale unless notice of such change is sent via  a
definitive  trade  wire service of the municipal bond industry which, in
general, makes available information regarding  activity  and  sales  of
municipal bonds and is generally available to participants in the munic-
ipal  bond industry, at least one [day] HOUR prior to the [date] TIME of
the sale as set forth in the original notice of sale. In so changing the
terms or conditions of a sale the corporation may send  notice  by  such
wire  service  that  the  sale  will  be  delayed  by up to thirty days,
provided that wire notice of the new sale date will be  given  at  least
one  business  day  prior to the new time when bids will be accepted. In
such event, no new notice of sale shall be  required  to  be  published.
Advertisements  shall  contain a provision to the effect that the corpo-
ration, in its discretion, may reject any or all bids made in  pursuance
of  such  advertisements, and in the event of such rejection, the corpo-
ration is authorized to negotiate a private sale or readvertise for bids
in the form and manner above described as many times as,  in  its  judg-
ment,  may  be necessary to effect a satisfactory sale.  Notwithstanding
the foregoing provisions of this paragraph, whenever in the judgment  of
the corporation the interests of the corporation will be served thereby,
the  corporation  may  sell bonds at private sale. The corporation shall
promulgate regulations governing the terms and conditions  of  any  such
private  sales, which regulations shall include a provision that it give

S. 2807                            63                            A. 4007

notice to the governor, the temporary president of the senate,  and  the
speaker  of  the  assembly of its intention to conduct a private sale of
obligations pursuant to this section not less than five  days  prior  to
such sale or the execution of any binding agreement to effect such sale.
  S  49.  Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 46 of part JJ of chapter 56 of the laws  of  2010,
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  [seventy]  EIGHTY-FOUR  million
dollars.
  S  50.  Section  21-e of chapter 432 of the laws of 1997, amending the
state finance law and other laws relating to the issuance  of  bonds  or
notes  for community enhancement facilities projects, is amended to read
as follows:
  S 21-e.   Notwithstanding the provisions  of  any  other  law  to  the
contrary,  the authority is hereby authorized to issue bonds or notes in
one or more series for the purpose of funding project  costs  or  making
grants,  loans or combinations thereof for community enhancement facili-
ties projects. The aggregate principal amount of bonds authorized to  be
issued  pursuant  to this section shall not exceed four hundred [twenty-
five] SEVEN million dollars total for all issuing authorities, excluding
bonds issued to fund one or more debt  service  reserve  funds,  to  pay
costs  of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay such bonds or notes previously issued.  Such  bonds  and
notes  of  the authority shall not be a debt of the state, and the state
shall not be liable thereon, nor shall they be payable out of any  funds
other  than  those  appropriated  by the state to the authority for debt
service and related expenses pursuant to a  service  contract  and  such
bonds  and  notes  shall contain on the face thereof a statement to such
effect.   Except for purposes of complying  with  the  internal  revenue
code,  any interest income earned on bond proceeds shall only be used to
pay debt service on such bonds.
  S 51. Subdivision (a) of section 1 of part T of chapter 84 of the laws
of 2002, relating to authorizing the New York  state  urban  development
corporation  and  the  dormitory  authority  of the state of New York to
issue bonds or notes for the purpose of financing certain project costs,
is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding any other provision of law to the contrary, the New York
state  urban  development corporation and the dormitory authority of the
state of New York are hereby authorized to issue bonds or notes  in  one
or  more series in an aggregate principal amount, subject to the limita-
tions  contained  in  section  eight  of  this  act,   not   to   exceed
[$1,200,000,000]  $1,195,146,000  excluding  bonds issued to fund one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise  repay  such  bonds  or
notes  previously  issued,  for  the purposes of financing project costs
authorized under this act. Such bonds and notes of  the  corporation  or
the  dormitory  authority shall not be a debt of the state and the state
shall not be liable thereon, nor shall they be payable out of any  funds
other  than  those  appropriated  by the state to the corporation or the
authority for debt service and related expenses pursuant to any  service
contract executed pursuant to subdivision (b)  of this section, and such

S. 2807                            64                            A. 4007

bonds  and  notes  shall contain on the face thereof a statement to such
effect.   Except for purposes of complying  with  the  internal  revenue
code,  any interest income earned on bond proceeds shall only be used to
pay  debt  service  on such bonds. All of the provisions of the New York
state urban development corporation act and the dormitory authority  act
relating  to  bonds  and  notes  which  are  not  inconsistent  with the
provisions of this section shall apply to obligations authorized by this
section, including but not limited to the power  to  establish  adequate
reserves  therefore and to issue renewal notes or refunding bonds there-
of. The issuance of any  bonds  or  notes  hereunder  shall  further  be
subject to the approval of the director of the division of the budget.
  S  52. Subdivision (a) of section 27 of chapter 3 of the laws of 2004,
relating to authorizing the New York state urban development corporation
and the dormitory authority of the state of New York to issue  bonds  or
notes, is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York
State urban development corporation and the dormitory authority  of  the
state  of  New York are hereby authorized to issue bonds or notes in one
or  more  series  in  an  aggregate  principal  amount  not  to   exceed
[$350,000,000]  $290,000,000  excluding  bonds  issued to finance one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise  repay  such  bonds  or
notes  previously issued, for the purpose of financing economic develop-
ment projects outside cities with a population of one million  or  more.
Such bonds and notes of the corporation or the dormitory authority shall
not  be  a debt of the state, and the state shall not be liable thereon,
nor shall they be payable out of any funds other than those appropriated
by the state to the corporation or  the  dormitory  authority  for  debt
service  and  related expenses pursuant to any service contract executed
pursuant to subdivision (b) of this section and  such  bonds  and  notes
shall  contain  on  the face thereof a statement to such effect.  Except
for purposes of complying with the internal revenue code,  any  interest
income earned on bond proceeds shall only be used to pay debt service on
such  bonds.  All of the provisions of the New York state urban develop-
ment corporation act and the dormitory authority act relating  to  bonds
and notes which are not inconsistent with the provisions of this section
shall apply to obligations authorized by this section, including but not
limited  to  the  power  to  establish adequate reserves therefor and to
issue renewal notes or refunding bonds  thereof.  The  issuance  of  any
bonds or notes hereunder shall further be subject to the approval of the
director of the division of the budget.
  S 53. Subdivision (a) of section 1 of part X of chapter 59 of the laws
of  2004,  relating  to authorizing the New York state urban development
corporation and the dormitory authority of the  state  of  New  York  to
issue bonds or notes, is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York
State urban development corporation and the dormitory authority  of  the
state  of  New York are hereby authorized to issue bonds or notes in one
or  more  series  in  an  aggregate  principal  amount  not  to   exceed
[$250,000,000]  $243,000,000  excluding  bonds  issued to finance one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise  repay  such  bonds  or
notes  previously  issued, for the purpose of financing projects cost of
the Empire Opportunity Fund; Rebuilding the Empire State Through  Oppor-

S. 2807                            65                            A. 4007

tunities  in  Regional  Economies  (RESTORE)  New  York Program; and the
Community Capital Assistance Program authorized pursuant to  Part  T  of
chapter  84 of the laws of 2002. Such bonds and notes of the corporation
or  the  dormitory  authority  shall not be a debt of the state, and the
state shall not be liable thereon, nor shall they be payable out of  any
funds  other  than those appropriated by the state to the corporation or
the dormitory authority for debt service and related  expenses  pursuant
to  any  service  contract  executed pursuant to subdivision (b) of this
section and such bonds and notes shall contain on  the  face  thereof  a
statement  to  such  effect.   Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds. All of the provisions of
the New York state urban development corporation act and  the  dormitory
authority  act  relating  to  bonds and notes which are not inconsistent
with the provisions of this section shall apply to  obligations  author-
ized  by  this section, including but not limited to the power to estab-
lish adequate reserves therefor and to issue renewal notes or  refunding
bonds  thereof.  The  issuance  of  any  bonds  or notes hereunder shall
further be subject to the approval of the director of  the  division  of
the budget.
  S 54. Subdivision (a) of section 1 of part T of chapter 59 of the laws
of  2005, relating to the urban development corporation bonding authori-
ty, as added by section 3 of part C of chapter 63 of the laws  of  2005,
is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary the urban develop-
ment corporation or the dormitory  authority  is  hereby  authorized  to
issue  bonds  or  notes  in one or more series in an aggregate principal
amount not to exceed [$250,000,000] $176,661,000 excluding bonds  issued
to finance one or more debt service reserve funds, to pay costs of issu-
ance  of  such  bonds,  and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued, for the  purpose  of  reim-
bursing  the  state capital projects fund disbursements made pursuant to
appropriations for the New York state high  technology  and  development
program, pursuant to a memorandum of understanding to be executed by the
governor,  the temporary president of the senate, and the speaker of the
assembly, and further provided that the proceeds of such bonds or  notes
are  authorized  to be utilized to finance grants, loans or combinations
thereof pursuant to the New York state high technology  and  development
program,  as  appropriated  by  a  chapter of the laws of 2005. Eligible
project costs may include, but not be limited to  the  cost  of  design,
financing,  site  acquisition and preparation, demolition, construction,
rehabilitation, acquisition of machinery and equipment, parking  facili-
ties,  and  infrastructure.  Such  bonds  and  notes  of such authorized
issuers shall not be a debt of the state, and the  state  shall  not  be
liable  thereon,  nor  shall they be payable out of any funds other than
those appropriated by the state to  such  authorized  issuers  for  debt
service  and  related expenses pursuant to any service contract 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 55. Subdivision (a) of section 1 of part S of chapter 59 of the laws
of 2005, relating to the authority of the urban development  corporation

S. 2807                            66                            A. 4007

and  the  dormitory authority to issue bonds, as amended by section 1 of
part C of chapter 63 of the laws of 2005, is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban  devel-
opment  corporation  or  the dormitory authority is hereby authorized to
issue bonds or notes in one or more series  in  an  aggregate  principal
amount not to exceed [$90,000,000] $88,344,000 excluding bonds issued to
finance one or more debt service reserve funds, to pay costs of issuance
of  such  bonds,  and bonds or notes issued to refund or otherwise repay
such bonds or notes previously issued, for the  purpose  of  reimbursing
the state capital projects fund disbursements made pursuant to appropri-
ations for the regional economic development program pursuant to a memo-
randum  of  understanding  to be executed by the governor, the temporary
president of the senate, and the speaker of the assembly.  The  proceeds
of  such bonds or notes are authorized to be utilized to finance grants,
loans or combinations thereof pursuant to the regional economic develop-
ment program, as appropriated by a chapter of the laws of 2005. Eligible
project costs may include, but not be limited to  the  cost  of  design,
financing,  site investigations, site acquisition and preparation, demo-
lition,  construction,  rehabilitation,  acquisition  of  machinery  and
equipment, and infrastructure improvements. Such bonds and notes of such
authorized issuers shall not be a debt of the state, and the state shall
not  be liable thereon, nor shall they be payable out of any funds other
than those appropriated by the state to such authorized issuers for debt
service and related expenses pursuant to any service  contract  executed
pursuant  to  subdivision  (b)  of this section and such bonds and notes
shall contain on the face thereof a statement to such  effect.    Except
for  purposes  of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  S 56. Subdivision (a) of section 43 of chapter  161  of  the  laws  of
2005, amending the education law and other laws relating to the issuance
of bonds or notes, is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York
state urban development corporation and the dormitory authority  of  the
state  of  New York are hereby authorized to issue bonds or notes in one
or  more  series  in  an  aggregate  principal  amount  not  to   exceed
[$75,000,000]  $48,517,000 excluding bonds issued to finance one or more
debt service reserve funds, to pay costs of issuance of such bonds,  and
bonds  or  notes issued to refund or otherwise repay such bonds or notes
previously issued, for the purpose  of  financing  economic  development
projects  outside  cities with a population of one million or more. Such
bonds and notes of the corporation or the dormitory authority shall  not
be  a  debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated  by
the state to the corporation or the dormitory authority for debt service
and  related expenses pursuant to any service contract executed pursuant
to subdivision (b) of this  section  and  such  bonds  and  notes  shall
contain  on  the  face  thereof  a  statement to such effect. Except for
purposes of complying with  the  internal  revenue  code,  any  interest
income earned on bond proceeds shall only be used to pay debt service on
such  bonds.  All of the provisions of the New York state urban develop-
ment corporation act and the dormitory authority act relating  to  bonds
and notes which are not inconsistent with the provisions of this section
shall apply to obligations authorized by this section, including but not

S. 2807                            67                            A. 4007

limited  to  the  power  to establish adequate reserves therefore and to
issue renewal notes or refunding bonds  thereof.  The  issuance  of  any
bonds or notes hereunder shall further be subject to the approval of the
director of the division of the budget.
  S  57.  Subdivision 1 of section 43 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban  development  corpo-
ration  act,  as  amended  by section 48 of part PP of chapter 56 of the
laws of 2009, is amended read as follows:
  1. Notwithstanding the provisions of any other law  to  the  contrary,
the  dormitory  authority  and  the corporation are hereby authorized to
issue bonds or notes in one or more series for the  purpose  of  funding
project costs for various economic development and regional initiatives,
the  upstate regional blueprint fund, the downstate revitalization fund,
the upstate agricultural economic  fund,  the  New  York  state  capital
assistance  program,  the New York state economic development assistance
program and other state costs associated with such projects. The  aggre-
gate  principal amount of bonds authorized to be issued pursuant to this
section shall not exceed one billion [three] TWO hundred  [ten]  SEVENTY
million  SEVEN  HUNDRED  EIGHTY-TWO  THOUSAND  dollars,  excluding bonds
issued to fund one or more debt service reserve funds, to pay  costs  of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
dormitory  authority  and  the  corporation  shall  not be a debt of the
state, and the state shall not be liable  thereon,  nor  shall  they  be
payable  out  of any funds other than those appropriated by the state to
the dormitory authority and the corporation for principal, interest, and
related expenses 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  58.  Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 44 to read as follows:
  S 44. 1. NOTWITHSTANDING THE  PROVISIONS  OF  ANY  OTHER  LAW  TO  THE
CONTRARY, THE DORMITORY AUTHORITY AND THE CORPORATION ARE HEREBY AUTHOR-
IZED  TO  ISSUE  BONDS OR NOTES IN ONE OR MORE SERIES FOR THE PURPOSE OF
FUNDING PROJECT COSTS FOR  THE  REGIONAL  ECONOMIC  DEVELOPMENT  COUNCIL
INITIATIVE,  THE  ECONOMIC  TRANSFORMATION PROGRAM 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 TWO
HUNDRED THIRTY MILLION FIVE HUNDRED FIFTY  THOUSAND  DOLLARS,  EXCLUDING
BONDS  ISSUED  TO  FUND  ONE  OR MORE DEBT SERVICE RESERVE FUNDS, TO PAY
COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED TO REFUND  OR
OTHERWISE  REPAY  SUCH  BONDS OR NOTES PREVIOUSLY ISSUED. SUCH BONDS AND
NOTES OF THE DORMITORY AUTHORITY AND THE CORPORATION SHALL NOT BE A DEBT
OF THE STATE, AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL  THEY
BE  PAYABLE  OUT OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY THE STATE
TO THE DORMITORY AUTHORITY AND THE CORPORATION FOR PRINCIPAL,  INTEREST,
AND  RELATED  EXPENSES PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND
NOTES SHALL CONTAIN ON THE FACE THEREOF  A  STATEMENT  TO  SUCH  EFFECT.
EXCEPT  FOR  PURPOSES  OF  COMPLYING WITH THE INTERNAL REVENUE CODE, ANY
INTEREST INCOME EARNED ON BOND PROCEEDS SHALL ONLY BE USED TO  PAY  DEBT
SERVICE ON SUCH BONDS.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE CORPORATION IN UNDERTAK-

S. 2807                            68                            A. 4007

ING THE FINANCING FOR PROJECT COSTS FOR THE REGIONAL  ECONOMIC  DEVELOP-
MENT  COUNCIL  INITIATIVE, THE ECONOMIC TRANSFORMATION PROGRAM AND OTHER
STATE COSTS ASSOCIATED WITH SUCH PROJECTS, THE DIRECTOR OF THE BUDGET IS
HEREBY  AUTHORIZED  TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE
DORMITORY AUTHORITY AND THE CORPORATION,  NONE  OF  WHICH  SHALL  EXCEED
THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS THE DIRECTOR
OF  THE BUDGET AND THE DORMITORY AUTHORITY AND THE CORPORATION AGREE, SO
AS TO ANNUALLY PROVIDE TO THE DORMITORY AUTHORITY AND  THE  CORPORATION,
IN  THE  AGGREGATE,  A  SUM  NOT  TO EXCEED THE PRINCIPAL, INTEREST, AND
RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES. ANY SERVICE CONTRACT
ENTERED INTO PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE  OBLIGATION
OF  THE  STATE TO PAY THE AMOUNT THEREIN PROVIDED SHALL NOT CONSTITUTE A
DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL OR  STATUTORY
PROVISION  AND  SHALL  BE  DEEMED EXECUTORY ONLY TO THE EXTENT OF MONIES
AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY  THE  STATE  BEYOND
THE  MONIES  AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPROPRIATION
BY THE LEGISLATURE.  ANY SUCH CONTRACT OR ANY PAYMENTS  MADE  OR  TO  BE
MADE  THEREUNDER  MAY BE ASSIGNED AND PLEDGED BY THE DORMITORY AUTHORITY
AND THE CORPORATION AS SECURITY FOR ITS BONDS AND NOTES,  AS  AUTHORIZED
BY THIS SECTION.
  S  58-a.  Paragraph  (a) of section 55 of part JJ of chapter 56 of the
laws of 2010, relating to providing for the  administration  of  certain
funds  and  accounts related to the 2010-2011 budget, is amended to read
as follows:
  (a) section forty-two of this act shall be deemed to have been in full
force and effect on and after April 1, [2008]2007;
  S 59. This act shall take effect immediately and shall  be  deemed  to
have  been in full force and effect on and after April 1, 2011; provided
further that sections  one  through  fourteen-a  and  sections  eighteen
through  twenty-eight of this act shall expire March 31, 2012, when upon
such date, the provisions of such sections  shall  be  deemed  repealed;
provided  further that the amendments to subdivision 5 of section 97-rrr
of the state finance law made by section sixteen of this act  shall  not
affect  the  expiration  of such subdivision and shall expire therewith;
and provided further that section forty-seven of  this  act  shall  take
effect  on  the  same  date as the reversion of subdivision 5 of section
3234 of the public authorities law as provided in section 3  of  chapter
48 of the laws of 2010, as amended.

                                 PART O

  Section  1. Section 99-d of the state finance law, as added by chapter
474 of the laws of 1996, is REPEALED.
  S 2. On or after September 16, 2011, the comptroller is hereby author-
ized and directed to transfer all remaining  monies  not  yet  disbursed
from the designated accounts authorized under subdivision one of section
99-d  of  the state finance law, as repealed by section one of this act,
to the general fund/state purposes account.
  S 3. This act shall take effect September 16, 2011.
  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

S. 2807                            69                            A. 4007

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 O of this act shall  be
as specifically set forth in the last section of such Parts.

S2807A - Bill Details

See Assembly Version of this Bill:
A4007C
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S2807A - Bill Texts

view summary

Extends numerous provisions of law that were set to expire and be repealed, but that were otherwise necessary for the fiscal stability of the state and the health and safety of its citizens; authorizes the governor to close correctional facilities; relates to the public safety communications surcharge; relates to annual reports of costs related to the statewide wireless network; removes the salary provision of state liquor authority commissioners, other than the chairman; relates to self-insurers for workers' compensation purposes; relates to removing the salary provision for civil service commissioners other than the president; provides aid and incentives for municipalities; relates to aid to municipalities in which a video lottery terminal facility is located; creates citizens empowerment tax credits, local government citizens re-organization empowerment grants and the local government performance and efficiency program; streamlines the local government efficiency grant program; clarifies the state's obligation to make payments with respect to certain lands; allows the State University Downstate Medical Center to create a not-for-profit corporation; relates to New York state district attorney and indigent legal services attorney loan forgiveness program eligibility; and relates to the acquisition of the assets of Community-General Hospital of Greater Syracuse of SUNY Upstate Medical University.

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

    S. 2807--A                                            A. 4007--A

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

                            February 1, 2011
                               ___________

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

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

AN ACT to amend 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 proce-
  dure 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12570-02-1

S. 2807--A                          2                         A. 4007--A

  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 (Part A); to amend chapter 503 of the laws of 2009 relat-
  ing  to the disposition of certain monies recovered by county district
  attorneys before the filing of an accusatory instrument,  in  relation
  thereto  and  the  effective  date  thereof  (Part  B);  to  amend the
  correction law, in relation to the closure of correctional  facilities
  (Part  C);  to  amend  the tax law, in relation to eliminating certain
  allowable uses of revenue generated by the  cellular  surcharge  (Part
  D);  to  amend    the executive law and the alcoholic beverage control
  law, in relation to removing the salary  provision  for  state  liquor
  authority  commissioners,  other  than the chairman (Part E); to amend
  the election  law,  in  relation  to  eliminating  certain  publishing
  requirements  by  state  and  local  boards  of election and to repeal
  certain provisions of the election law relating thereto (Part  F);  to
  amend the workers' compensation law, in relation to self-insurers; and
  to repeal certain provisions of such law relating thereto (Part G); to
  amend  the  executive  law  and  the civil service law, in relation to

S. 2807--A                          3                         A. 4007--A

  removing the salary provision for civil  service  commissioners  other
  than  the  president  (Part  H);  to  amend  the state finance law, in
  relation to aid and incentives for municipalities (Part I);  to  amend
  the  state  finance  law,  in  relation to a program of aid to munici-
  palities in which a video lottery terminal facility is  located  (Part
  J);  to  amend  the state finance law, in relation to creating citizen
  empowerment tax credits,  local  government  citizens  re-organization
  empowerment grants and the local government performance and efficiency
  program,  and  streamlining  the  local  government  efficiency  grant
  program (Part K); to amend chapter 774 of the laws  of  1989  amending
  the  real  property tax law relating to certain state lands subject to
  taxation, in relation to clarifying the  state's  obligation  to  make
  payments  with  respect  to certain lands (Part L); to amend the state
  finance law, in relation to reappropriation bills (Part M); to provide
  for the administration of certain funds and accounts  related  to  the
  2011-2012  budget;  to  authorize  certain  payments and transfers; to
  amend the state finance law, in relation  to  the  school  tax  relief
  fund;  to  amend the state finance law, in relation to the issuance of
  revenue bonds and in relation  to  mental  health  service  facilities
  financing;  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 effectiveness of certain provisions thereof; to
  amend the public authorities law, in relation to environmental infras-
  tructure  projects; to amend chapter 61 of the laws of 2005, providing
  for the administration of certain funds and accounts  related  to  the
  2005-2006  budget,  chapter  81 of the laws of 2002, providing for the
  administration of certain funds and accounts related to the  2002-2003
  budget,  chapter  389 of the laws of 1997, providing for the financing
  of the correctional facilities improvement fund and the youth facility
  improvement fund, chapter 329 of the laws of 1991, amending the  state
  finance  law and other laws relating to the establishment of the dedi-
  cated highway and bridge trust fund; to amend the state  finance  law,
  in  relation  to  certificates  of participation; to amend the private
  housing finance law, in relation to housing program bonds  and  notes;
  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 repeal subdivision (b) of section 19-a of
  part PP of chapter 56 of the  laws  of  2009,  providing  funding  for
  certain  community  projects,  relating  to  increasing  such funding,
  relating to certain monetary transfers; to amend the  public  authori-
  ties  law,  in  relation  to  voting  of directors of local government
  assistance corporation;  to  amend  the  public  authorities  law,  in
  relation  to  library construction; to amend the state finance law, in
  relation to community enhancement facilities projects, to amend  chap-
  ter  432 of the laws of 1997, amending the state finance law and other
  laws relating to the issuance of bonds or notes for community enhance-
  ment facilities projects, in relation to the amount  of  bonds  issued
  for community enhancement projects; to amend chapter 84 of the laws of
  2002,  relating  to  authorizing  the New York state urban development
  corporation and the dormitory authority of the state of  New  York  to
  issue  bonds  or  notes  for  the purpose of financing certain project
  costs, in relation to providing  for  the  administration  of  certain
  funds and accounts related to the 2002-2003 budget; to amend chapter 3
  of  the laws of 2004, relating to authorizing the New York state urban
  development corporation and the dormitory authority of  the  state  of
  New  York  to  issue bonds or notes, in relation to bonds or notes; to

S. 2807--A                          4                         A. 4007--A

  amend chapter 59 of the laws of 2004, relating to authorizing the  New
  York  state  urban development corporation and the dormitory authority
  of the state of New York to issue bonds or notes, in relation to bonds
  or  notes;  to  amend  chapter 59 of the laws of 2005, relating to the
  urban development corporation bonding authority, in  relation  to  the
  issuance  of  bonds  by the dormitory authority and the New York state
  urban development corporation; to amend chapter 161  of  the  laws  of
  2005,  amending  the education law and other laws relating to issuance
  of bonds or notes, in relation to the issuance of bonds by the  dormi-
  tory  authority  and the New York state urban development corporation;
  to amend chapter 174 of the laws of 1968  constituting  the  New  York
  state  urban  development  corporation  act,  in relation to financing
  economic development and regional initiatives and in relation  to  the
  issuance  of  bonds  or notes for the purpose of funding project costs
  for regional economic  development  council  initiatives,  communities
  impacted  by  the  closure  of  New York state prison and correctional
  facilities and other states' costs associated with such  projects;  to
  amend part JJ of chapter 56 of the laws of 2010, relating to providing
  for  the  administration  of certain funds and accounts related to the
  2010-2011 budget,  in  relation  to  the  effectiveness  thereof;  and
  providing for the repeal of certain provisions upon expiration thereof
  (Part N); to repeal section 99-d of the state finance law, relating to
  community  projects  fund  (Part  O);  and in relation to allowing the
  State University Downstate Medical Center to create  a  not-for-profit
  corporation (Part P)

  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 2011-2012
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through P. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Section 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 U of chapter 56 of the  laws  of  2009,  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,
[2011] 2014.
  S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive  law  and  the  criminal  procedure  law  relating to expanding the
geographic area of employment of certain police officers, as amended  by
section  2  of  part  U of chapter 56 of the laws of 2009, is amended to
read as follows:

S. 2807--A                          5                         A. 4007--A

  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, [2011] 2014, when  it
shall expire and be deemed repealed.
  S  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
correction law and the penal  law  relating  to  prisoner  furloughs  in
certain  cases  and  the  crime  of  absconding therefrom, as amended by
section 3 of part U of chapter 56 of the laws of  2009,  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, [2011] 2014.
  S 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other  chapters and laws relating to correctional facilities, as amended
by section 4 of part U of chapter 56 of the laws of 2009, 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, [2011]  2014  and  shall  not  apply  to  persons
committed to the custody of the department after such date, and provided
further that the commissioner of correctional services shall report each
January  first and July first during such time as the earned eligibility
program is in effect, to the chairmen of the senate crime victims, crime
and correction committee,  the  senate  codes  committee,  the  assembly
correction committee, and the assembly codes committee, the standards in
effect  for  earned  eligibility  during the prior six-month period, the
number of inmates subject to the provisions of earned  eligibility,  the
number  who  actually received certificates of earned eligibility during
that period of time, the number of inmates  with  certificates  who  are
granted  parole  upon  their  first consideration for parole, the number
with certificates who are denied parole upon their first  consideration,
and the number of individuals granted and denied parole who did not have
earned eligibility certificates.
  S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending  the tax law and other laws relating to taxes, surcharges, fees
and funding, as amended by section 5 of part U of chapter 56 of the laws
of 2009, 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, [2011] 2014 and be applicable
to all persons entering the program on or before August 31, [2011] 2014.
  S 6. Section 10 of chapter 339 of  the  laws  of  1972,  amending  the
correction  law  and  the  penal  law  relating  to inmate work release,
furlough and leave, as amended by section 6 of part U of chapter  56  of
the laws of 2009, 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,  [2011]  2014,  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. 2807--A                          6                         A. 4007--A

  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 U of chapter 56 of
the laws of 2009, is amended to read as follows:
  (c)  sections forty-one and forty-two of this act shall expire Septem-
ber 1, [2011] 2014; provided, that the provisions of  section  forty-two
of  this act shall apply to inmates entering the work release program on
or after such effective date; and
  S 8. Section 5 of chapter 554  of  the  laws  of  1986,  amending  the
correction  law  and  the  penal law relating to providing for community
treatment facilities and establishing the crime of absconding  from  the
community treatment facility, as amended by section 8 of part U of chap-
ter 56 of the laws of 2009, 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, [2011] 2014,  and  provided  further
that the commissioner of correctional services shall report each January
first  and July first during such time as this legislation is in effect,
to the chairmen of  the  senate  crime  victims,  crime  and  correction
committee,  the  senate codes committee, the assembly correction commit-
tee, and the assembly codes committee, the number of individuals who are
released to community treatment facilities during the previous six-month
period, including the total number for each date at  each  facility  who
are  not residing within the facility, but who are required to report to
the facility on a daily or less frequent basis.
  S 9. Subdivision h of section 74 of chapter 3 of  the  laws  of  1995,
amending the correction law and other laws relating to the incarceration
fee,  as  amended  by  section  9 of part U of chapter 56 of the laws of
2009, 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, [2011] 2014, when upon such date the
amendments to the correction law and penal law made by  sections  fifty-
five  and  fifty-six  of  this act shall revert to and be read as if the
provisions of this act had not been  enacted;  provided,  however,  that
sections  sixty-two,  sixty-three  and  sixty-four  of this act shall be
deemed to have been in full force and effect on and after March 1,  1995
and  shall  be  deemed  repealed  April  1,  1996 and upon such date the
provisions of subsection (e) of section 9110 of the  insurance  law  and
subdivision  2  of section 89-d of the state finance law shall revert to
and be read as set out in law on  the  date  immediately  preceding  the
effective date of sections sixty-two and sixty-three of this act;
  S  10.  Subdivision  (z)  of  section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 10 of part U of  chapter  56  of
the laws of 2009, 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]
DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION 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, [2011] 2014;

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  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 U of chapter 56 of
the laws of 2009, 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, [2011] 2014;
  S  12.  Section  12  of  chapter 907 of the laws of 1984, amending the
correction law, the New York city criminal court act and  the  executive
law  relating  to  prison and jail housing and alternatives to detention
and incarceration programs, as amended by section 12 of part U of  chap-
ter 56 of the laws of 2009, 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, [2011] 2014 on which date those
provisions shall be deemed to be repealed.
  S 13.  Subdivision (p) of section 406 of chapter 166 of  the  laws  of
1991,  amending the tax law and other laws relating to taxes, as amended
by section 13 of part U of chapter 56 of the laws of 2009, is amended to
read as follows:
  (p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this act shall not apply to any offense committed prior to  such  effec-
tive  date;  provided,  further, that section three hundred forty-one of
this act shall take effect immediately and shall expire November 1, 1993
at which time it  shall  be  deemed  repealed;  sections  three  hundred
forty-five  and  three  hundred  forty-six of this act shall take effect
July 1, 1991; sections three hundred fifty-five,  three  hundred  fifty-
six,  three hundred fifty-seven and three hundred fifty-nine of this act
shall take effect immediately and shall expire June 30, 1995  and  shall
revert to and be read as if this act had not been enacted; section three
hundred  fifty-eight of this act shall take effect immediately and shall
expire June 30, 1998 and shall revert to and be read as if this act  had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven  of  this  act  shall apply to claims filed on or after such
effective date; sections three hundred sixty-nine, three hundred  seven-
ty-two,  three  hundred seventy-three, three hundred seventy-four, three
hundred seventy-five and three hundred seventy-six  of  this  act  shall
remain  in  effect  until  September  1, [2011] 2014, at which time they
shall  be  deemed  repealed;  provided,  however,  that  the   mandatory
surcharge  provided  in  section  three hundred seventy-four of this act
shall apply to parking violations occurring on or after  said  effective
date;  and  provided  further that the amendments made to section 235 of
the vehicle and traffic law by section three hundred seventy-two of this
act, the amendments made to section 1809 of the vehicle and traffic  law
by sections three hundred thirty-seven and three hundred thirty-eight of
this  act  and  the amendments made to section 215-a of the labor law by
section three hundred seventy-five of this act shall expire on September
1, [2011] 2014 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

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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 U of chapter 56 of the laws of 2009, 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 [eleven] FOURTEEN.
  S 15. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock  device  program,
as amended by section 15 of part U of chapter 56 of the laws of 2009, is
amended to read as follows:
  S  6.  This  act  shall  take  effect  on  the first day of April next
succeeding the date on which it  shall  have  become  a  law;  provided,
however,  that  effective immediately, the addition, amendment or repeal
of any rule or regulation necessary for the implementation of the  fore-
going  sections  of  this  act on their effective date is authorized and
directed to be made and completed on or before such effective  date  and
shall  remain in full force and effect until the first day of September,
[2011] 2014 when upon such date the provisions  of  this  act  shall  be
deemed repealed.
  S 16. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-
ous  provisions, as amended by section 16 of part U of chapter 56 of the
laws of 2009, 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, [2011] 2014;
  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 17 of part U of chap-
ter 56 of the laws of 2009, 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, [2011]
2014, when upon such date it shall expire.

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  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 18 of part U of  chapter  56  of  the
laws of 2009, 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, [2011]
2014.
  S 19. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal procedure law relating to the use of closed-circuit television  and
other  protective  measures  for  certain child witnesses, as amended by
section 19 of part U of chapter 56 of the laws of 2009,  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, [2011] 2014, when upon such
date the provisions of this act shall be deemed repealed.
  S  20.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 21  of
part U of chapter 56 of the laws of 2009, is amended to read as follows:
  d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two and forty-four of this  act  shall
be deemed repealed on September 1, [2011] 2014;
  S 21. 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 section 23 of part U of chapter 56 of  the  laws
of 2009, 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, [2011] 2014 when upon such date the provisions of this  act
shall be deemed repealed.
  S 22. This act shall take effect immediately.

                                 PART B

  Section  1.  Sections  1 and 2 of part H of chapter 503 of the laws of
2009 relating to the disposition of monies recovered by county  district
attorneys  before  the filing of an accusatory instrument, as amended by
section 1 of part KK of chapter 56 of the laws of 2010, are  amended  to
read as follows:
  Section  1.  When  a county district attorney of a county located in a
city of one million or more recovers monies  before  the  filing  of  an
accusatory instrument as defined in subdivision 1 of section 1.20 of the
criminal  procedure  law,  after injured parties have been appropriately
compensated, the district attorney's office shall retain a percentage of
the remaining such monies in recognition that such monies were recovered
as a result of investigations undertaken by such office. [The] FOR  EACH
RECOVERY  THE  total  amount of such monies to be retained by the county
district attorney's office shall equal ten percent of the first  twenty-
five  million  dollars  received by such office [during the state fiscal
year], plus seven and one-half percent of such monies received  by  such
office  in  excess  of  twenty-five  million dollars but less than fifty
million dollars, plus five percent of any such monies received  by  such

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office  in  excess  of  fifty  million dollars but less than one hundred
million dollars, plus one percent of such monies received by such office
in excess of one hundred million dollars.  The remainder of such  monies
shall  be paid by the district attorney's office to the state and to the
county in equal amounts within thirty days of receipt, where disposition
of such monies is not otherwise prescribed by law.   Monies  distributed
to a county district attorney's office pursuant to this section shall be
used  to  enhance  law enforcement efforts [and shall not supplant funds
for  ordinary  budgetary  costs  including  salaries  of  personnel  and
expenses of district attorneys].
  S  2. This act shall take effect immediately [and shall remain in full
force and effect until the last day of March, 2011, when it shall expire
and be deemed repealed].
  S 2. This act shall take effect immediately.

                                 PART C

  Section 1. Section 79-a of the correction law, as amended by section 1
of part H of chapter 56 of the laws of  2009,  is  amended  to  read  as
follows:
  S  79-a.  Closure  of  correctional  facilities[;  notice]. Before the
closure of any correctional facility,[,] for reasons  other  than  those
set forth in paragraph (a) of subdivision eight of section forty-five of
this chapter, the commissioner shall [take the following actions:
  1.] confer with the department of civil service, the governor's office
of employee relations and any other appropriate state agencies to devel-
op strategies which attempt to minimize the impact of the closure on the
state work force[;
  2.  consult  with the department of economic development and any other
appropriate state agencies to develop strategies which attempt to  mini-
mize  the  impact  of such closures on the local and regional economies;
and
  3. provide notice by certified mail to (i) all  local  governments  of
any political subdivision in which the correctional facility is located,
(ii)  all employee labor organizations operating within, or representing
employees of, the correctional facility, and (iii) managerial and confi-
dential employees employed within the  correctional  facility  at  least
twelve months prior to any such closure].
  S  2.  Section  79-b of the correction law, as amended by section 1 of
part MM of chapter 56 of the  laws  of  2010,  is  amended  to  read  as
follows:
  S  79-b.  [Adaptive  reuse  plan  for  consideration  prior  to prison
closure] ECONOMIC TRANSFORMATION PROGRAM.   Not later  than  six  months
[prior  to  the  effective  date of] AFTER THE closure of a correctional
facility, the [commissioner of economic  development]  CHAIRMAN  OF  THE
URBAN  DEVELOPMENT  CORPORATION  shall[,]  SUBMIT  A  PLAN  DEVELOPED in
consultation with the [commissioner, the commissioners of civil service,
general services and the division  of  criminal  justice  services,  the
director  of  the  governor's office of employee relations, officials of
all local governments of any political subdivision in which the  correc-
tional  facility  is located and any other appropriate state agencies or
authorities, provide a report for an adaptive reuse plan for any facili-
ty slated for closure which will evaluate the community  impact  of  the
proposed closure including but not limited to the following factors: the
potential  to utilize the property for another state government purpose,
including for a new purpose  as  part  of  the  state  criminal  justice

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system;  potential  for  the sale or transfer of the property to a local
government or other governmental entity; potential for the sale  of  the
property  to  a private entity for development into a business, residen-
tial  or  other  purpose; community input for local development; and the
condition of the facility and  the  investments  required  to  keep  the
structure  in  good  repair,  or  to  make it viable for reuse] REGIONAL
DEVELOPMENT COUNCIL REPRESENTING THE IMPACTED COMMUNITY. SUCH PLAN SHALL
CONTAIN RECOMMENDATIONS TO MINIMIZE THE ECONOMIC IMPACT OF  THE  CLOSURE
ON THE COMMUNITY IN WHICH THE CLOSED FACILITY IS LOCATED.
  S 3. This act shall take effect immediately.

                                 PART D

  Section  1. Subdivision 6 of section 186-f of the tax law, as added by
section 3 of part B of chapter 56 of the laws of 2009, paragraph (c)  as
amended  by section 38 and paragraph (d) as amended and paragraph (e) as
added by section 39 of part B of chapter 56 of  the  laws  of  2010,  is
amended to read as follows:
  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)] Up to the sum of seventy-five million  dollars  annually  may  be
used  for  the provision of grants or reimbursements to counties for the
development, consolidation, or operation of public safety communications
systems or networks designed to support statewide interoperable communi-
cations for first responders, to be distributed  pursuant  to  standards
and  guidelines  issued  by  the state. Annual grants may consider costs
borne by a municipality related to the issuance of local  public  safety
communications  bonds pursuant to section twenty-four hundred thirty-two
of the public authorities law, when the municipality has qualified as an
approved participant in a statewide interoperable communications  system
under  the  standards  and guidelines issued by the state, and maintains
compliance with such standards and guidelines. The grant amount will  be
prescribed  pursuant  to an agreement with the municipality, and may not
exceed thirty percent of the annual cost borne by  the  municipality  in
relation to such bonds;
  [(d)]  (C)  To  provide  the costs of debt service for bonds and notes
issued  to  finance  expedited  deployment  funding  pursuant   to   the
provisions  of  section three hundred thirty-three of the county law and
section sixteen hundred eighty-nine-h of the public authorities law; and
  [(e)] (D) [services] SERVICES and expenses that support the operations
and mission of the division of homeland security and emergency  services
as appropriated by the legislature.
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1. Paragraph (f) of subdivision 1 of section 169 of the execu-
tive law, as separately amended by section 11 of part A-1 and section 10
of  part  O  of  chapter  56  of the laws of 2010, is amended to read as
follows:

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  (f) executive director of adirondack park  agency,  [commissioners  of
the  state  liquor  authority,] commissioners of the state civil service
commission, members of state commission of correction, members of  unem-
ployment  insurance  appeal  board,  and members of the workers' compen-
sation board.
  S  2.  Section 11 of the alcoholic beverage control law, as amended by
chapter 83 of the laws of 1995, is amended to read as follows:
  S 11. Appointment of authority.  The members of the authority shall be
appointed by the governor by and with the  advice  and  consent  of  the
senate.  Not  more than two members of the authority shall belong to the
same political party.   The chairman of  the  state  alcoholic  beverage
control  board  heretofore  appointed and designated by the governor and
the remaining members of such board heretofore appointed by the governor
shall continue to serve as chairman and members of the  authority  until
the  expiration  of  the respective terms for which they were appointed.
Upon the expiration of such respective  terms  the  successors  of  such
chairman  and  members  shall  be appointed to serve for a term of three
years each and until their successors have been appointed and qualified.
THE COMMISSIONERS, OTHER THAN THE CHAIRMAN SHALL,  WHEN  PERFORMING  THE
WORK  OF  THE  AUTHORITY,  BE COMPENSATED AT A RATE OF TWO HUNDRED SIXTY
DOLLARS PER DAY, TOGETHER WITH AN ALLOWANCE  FOR  ACTUAL  AND  NECESSARY
EXPENSES  INCURRED  IN THE DISCHARGE OF THEIR DUTIES. THE CHAIRMAN SHALL
RECEIVE AN ANNUAL SALARY ESTABLISHED IN SECTION ONE  HUNDRED  SIXTY-NINE
OF THE EXECUTIVE LAW.
  S 3. This act shall take effect immediately.

                                 PART F

  Section  1.  Subdivision  2  of  section  4-126 of the election law is
REPEALED.
  S 2. Subdivision 2 of section 9-212 of the election law, as amended by
chapter 635 of the laws of 1990, is amended to read as follows:
  2. All such determinations shall be  in  writing  and  signed  by  the
members  of  the  canvassing  board  or a majority of them and filed and
recorded in the office of the board of elections. Except in the city  of
New  York  and  in  the  counties of Nassau, Orange and Westchester, the
board of elections shall cause a copy of such determinations, and of the
statements filed in its  office  upon  which  such  determinations  were
based,  to  be  [published  once in each of the newspapers designated to
publish election  notices  and  the  official  canvass]  POSTED  ON  ITS
WEBSITE.  The  statement  of  canvass to be [published] POSTED, however,
shall not give the vote by election districts but shall contain only the
total vote for a person, or the  total  vote  for  and  the  total  vote
against a ballot proposal, cast within the county, or within the portion
thereof,  if  any,  in  which  an office is filled or ballot proposal is
decided by the voters if the canvass of the vote thereon  devolves  upon
the county board of canvassers. Such totals shall be expressed in arabic
numerals.
  S 3. Section 4-116 of the election law, the section heading as amended
by  chapter 234 of the laws of 1976, subdivision 1 as amended by chapter
341 of the laws of 1995, and subdivisions 2 and 3 as amended by  chapter
60 of the laws of 1993, is amended to read as follows:
  S  4-116.  Constitutional  amendments and questions; publication of by
state board of elections and secretary of state.  1.  The  secretary  of
state  shall  cause  each concurrent resolution of the two houses of the
legislature agreeing to a proposed amendment to  the  constitution  that

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has  been  referred  to the legislature to be chosen at the next general
election to be [published] POSTED ON ITS WEBSITE at least once  in  each
of  the  three  months  next preceding such election. Such [publication]
POSTING  shall  include  the information that such amendment has been so
referred.
  2. The state board of elections shall [publish] POST  ON  ITS  WEBSITE
once in the week preceding any election at which proposed constitutional
amendments or other propositions or questions are to be submitted to the
voters  of  the state an abstract of such amendment or question, a brief
statement of the law  or  proceedings  authorizing  such  submission,  a
statement  that such submission will be made and the form in which it is
to be submitted.
  [3. Publication required by subdivision two of this section  shall  be
in one newspaper of general circulation in each county.]
  S 4. This act shall take effect April 1, 2011.

                                 PART G

  Section 1. The opening paragraph of subparagraph 4 of paragraph (h) of
subdivision 8 of section 15 of the workers' compensation law, as amended
by section 1 of part QQ of chapter 56 of the laws of 2009, is amended to
read as follows:
  As  soon  as  practicable after May first in the year nineteen hundred
fifty-eight, and annually thereafter as soon as practicable after  Janu-
ary  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, AND all insurance carriers [and group self-in-
surers,]  (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 antic-
ipated 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,  AND  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  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

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[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 allo-
cated 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 standard premium by each such insurance carrier bore to the  total
standard  premium reported by all insurance carriers during the calendar
year which ended within said preceding 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 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  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,
"standard premium" shall mean the premium as defined for the purposes of
this assessment by the superintendent 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  multi-
plied  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-insurer  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 article, 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

S. 2807--A                         15                         A. 4007--A

board and the chair of the board. Such surcharge shall be considered  as
part of premium for purposes prescribed by law including, but not limit-
ed  to, computing premium tax, reporting to the superintendent of insur-
ance  pursuant  to section ninety-nine of this chapter and section three
hundred seven of  the  insurance  law,  determining  the  limitation  of
expenditures for the administration of the state insurance fund pursuant
to  section  eighty-eight  of  this  chapter  and the cancellation by an
insurance carrier, including the state insurance fund, of a  policy  for
non-payment of premium. The provisions of this paragraph shall not apply
with  respect to policies containing coverage pursuant to subsection (j)
of section three thousand four  hundred  twenty  of  the  insurance  law
relating  to  every  policy  providing  comprehensive personal liability
insurance on a one, two, three or four family  owner-occupied  dwelling.
The  state insurance fund shall[,] notify its insureds that such assess-
ments, 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
SECTION,  A  "SELF-INSURER"  SHALL  BE:    (I) AN EMPLOYER AUTHORIZED TO
SELF-INSURE UNDER SUBDIVISION THREE OF SECTION FIFTY  OF  THIS  CHAPTER,
ACTIVE  GROUPS  AUTHORIZED  PURSUANT  TO  SUBDIVISION THREE-A OF SECTION
FIFTY OF THIS CHAPTER OR A GROUP OF EMPLOYERS AUTHORIZED TO  SELF-INSURE
UNDER  PARAGRAPH  TEN  OF  SUBDIVISION  THREE-A OF SECTION FIFTY OF THIS
CHAPTER; OR (II) A PUBLIC EMPLOYER AUTHORIZED AS SET FORTH IN  PARAGRAPH
A  OF  SUBDIVISION  FOUR OF SECTION FIFTY OF THIS CHAPTER TO SELF-INSURE
UNDER SUBDIVISION THREE, THREE-A OR FOUR OF SUCH SECTION OR ARTICLE FIVE
OF THIS CHAPTER, WHETHER INDIVIDUALLY OR AS A GROUP.
  S 2. Subdivision 3 of section 50 of the workers' compensation law,  as
amended  by chapter 6 of the laws of 2007, the second undesignated para-
graph as amended by section 3 of part R of chapter 56  of  the  laws  of
2010, is amended to read as follows:
  3.  By  furnishing  satisfactory  proof  to the chair of his financial
ability to pay such compensation for himself, OR  TO  PAY  SUCH  COMPEN-
SATION  ON BEHALF OF A GROUP OF EMPLOYERS IN ACCORDANCE WITH SUBDIVISION
TEN OF THIS SECTION, in which case the chair shall require  the  deposit
with the chair of such securities as the chair may deem necessary of the
kind  prescribed  in  subdivisions  one,  two, three, four and five, and
subparagraph (a) of paragraph three of subdivision seven of section  two
hundred  thirty-five  of the banking law, or the deposit of cash, or the
filing of irrevocable letters of credit issued by  a  qualified  banking
institution  as  defined by rules promulgated by the chair or the filing
of a bond of a surety company authorized to transact  business  in  this
state,  in  an  amount to be determined by the chair, or the posting and
filing as aforesaid of a combination of such  securities,  cash,  irrev-
ocable  letters  of credit and surety bond in an amount to be determined
by the chair, to secure his liability to pay the  compensation  provided
in this chapter. Any such surety bond must be approved as to form by the
chair.  If  an employer OR GROUP OF EMPLOYERS posts and files a combina-
tion of securities, cash, irrevocable letters of credit and surety  bond
as  aforesaid,  and  if  it becomes necessary to use the same to pay the
compensation provided in this chapter, the chair shall  first  use  such
securities  or  cash or irrevocable letters of credit and, when the full
amount thereof has been exhausted, he shall then require the  surety  to
pay  forthwith to the chair all or any part of the penal sum of the bond
for that purpose. The chair may also require an agreement on the part of
the employer OR GROUP OF EMPLOYERS to  pay  any  awards  commuted  under
section twenty-seven of this chapter, into the special fund of the state

S. 2807--A                         16                         A. 4007--A

fund,  as  a condition of his being allowed to remain uninsured pursuant
to this section. The chair shall have the authority to deny the applica-
tion of an employer OR GROUP OF EMPLOYERS to pay such  compensation  for
himself  or  to  revoke his consent furnished, under this section at any
time, for good cause shown. The employer OR GROUP OF EMPLOYERS  qualify-
ing under this subdivision shall be known as a self-insurer.
  If  for  any  reason  the  status of an employer OR GROUP OF EMPLOYERS
under this subdivision is terminated, the securities or the surety bond,
or the securities, cash, or irrevocable letters  of  credit  and  surety
bond,  on  deposit referred to herein shall remain in the custody of the
chair for such time as the chair may deem proper and warranted under the
circumstances. In lieu thereof, and at the discretion of the chair,  the
employer, his or her heirs or assigns or others carrying on or liquidat-
ing  such  business,  may execute an assumption of workers' compensation
liability insurance policy securing such further and  future  contingent
liability as may arise from prior injuries to workers and be incurred by
reason  of  any change in condition of such workers warranting the board
making subsequent awards for payment of  additional  compensation.  Such
policy  shall  be  in a form approved by the superintendent of insurance
and issued by the state fund or any insurance company licensed to  issue
this  class of insurance in this state. In the event that such policy is
issued by an insurance company other than  the  state  fund,  then  said
policy  shall  be  deemed  of the kind specified in paragraph fifteen of
subsection (a) of section one  thousand  one  hundred  thirteen  of  the
insurance  law and covered by the workers' compensation security fund as
created and governed by article six-A of this chapter. It shall only  be
issued  for a single complete premium payment in advance by the employer
OR GROUP OF EMPLOYERS and in an amount deemed acceptable  by  the  chair
and  the  superintendent of insurance. In lieu of the applicable premium
charge ordinarily required to be imposed  by  a  carrier,  said  premium
shall include a surcharge in an amount to be determined by the chair to:
(i)  satisfy  all assessment liability due and owing to the board and/or
the chair under this chapter; and (ii)  satisfy  all  future  assessment
liability  under  this  section.  Said surcharge shall be payable to the
board simultaneous to  the  execution  of  the  assumption  of  workers'
compensation  liability  insurance  policy. However, the payment of said
surcharge does not relieve the carrier from any other liability, includ-
ing liability owed to the superintendent of insurance pursuant to  arti-
cle  [six-a]  SIX-A  of this chapter.   When issued such policy shall be
non-cancellable without recourse for any cause during the continuance of
the liability secured and so covered.
  [The board will report to the  governor  and  the  legislature  on  or
before  December  first,  two thousand seven, as to the advisability and
feasibility of (1) implementing a statewide self-insured  employer  bond
program, and (2) an improved individual employer bond program.]
  S  3.  Paragraph  9  of  subdivision 3-a of section 50 of the workers'
compensation law is REPEALED and paragraph 2  and  subparagraph  (a)  of
paragraph  7, paragraph 2 as amended by chapter 139 of the laws of 2008,
and subparagraph (a) of paragraph 7 as amended by section 4 of part R of
chapter 56 of the laws of 2010, are amended and three new paragraphs 10,
11 and 12 are added to read as follows:
  (2) (a) Any group consisting exclusively of such employers may adopt a
plan for self-insurance, as a group, for  the  payment  of  compensation
under  this  chapter  to  their employees, except that no new groups may
adopt such a plan [prior to April first,  two  thousand  nine],  AND  NO
GROUP NOT COMPOSED SOLELY OF PUBLIC ENTITIES SET FORTH IN PARAGRAPH A OF

S. 2807--A                         17                         A. 4007--A

SUBDIVISION  FOUR  OF  THIS  SECTION  MAY INSURE ANY LIABILITIES FOR ANY
EMPLOYERS ON AND AFTER JANUARY FIRST, TWO  THOUSAND  TWELVE,  EXCEPT  AS
PROVIDED  FOR  IN PARAGRAPH TEN OF THIS SUBDIVISION. Under such plan the
group  shall  assume the liability of all the employers within the group
and pay all compensation for which the said employers are  liable  under
this chapter, except that in the case of municipal corporations as here-
in  defined  no  proof  of financial ability or deposit of securities or
cash need be made in compliance with this subdivision.  The group quali-
fying under this subdivision shall be known as a group self-insurer  and
the  employers  participating therein and covered thereby shall be known
as members.
  (b) Where such plan is adopted the group  self-insurer  shall  furnish
satisfactory  proof  to  the  chair of its financial ability to pay such
compensation for the members in the industry covered by it,  its  reven-
ues,  their source and assurance of continuance. The chair shall require
the deposit with the chair of such securities as may be deemed necessary
of the kind prescribed in subdivisions one, two, three, four  and  five,
and  subparagraph (a) of paragraph three of subdivision seven of section
two hundred thirty-five of the banking law or the deposit of cash or the
filing of irrevocable letters of credit issued by  a  qualified  banking
institution  as  defined by rules promulgated by the chair or the filing
of a bond of a surety company authorized to transact  business  in  this
state,  in an amount to be determined to secure its liability to pay the
compensation of each employer as above provided.  Such surety bond  must
be  approved as to form by the chair. The chair shall require each group
self-insurer to provide regular reports no  less  than  annually,  which
shall  include but not be limited to audited financial statements, actu-
arial opinions and payroll information containing proof that it is fully
funded. Such reports shall also include  a  contribution  year  analysis
detailing  contributions  and  expenses  associated  with  each specific
contribution year. For purposes of this paragraph, proof  that  a  group
self-insurer  is  fully funded shall at a minimum include proof of unre-
stricted cash and investments permitted by regulation of the chair of at
least one hundred percent of the total liabilities, including the  esti-
mate  presented in the actuarial opinion submitted by the group self-in-
surer in accordance with this chapter. The chair by regulation, may  set
further  financial standards for group self-insurers. Any group self-in-
surer that fails to show that it is fully funded shall be deemed  under-
funded,  and  must submit a plan for achieving fully funded status which
may include a deficit assessment on members of such  group  self-insurer
which  shall  be  subject to approval or modification by the chair. [The
chair may impose such limitations on admission of new members or  offer-
ing  of discounts on underfunded group self-insurers to insure that such
group self-insurers shall become fully funded. Should the group self-in-
surer fail to meet the terms of its plan, the chair  may  condition  its
continued  authorization  to act as a group self-insurer on the appoint-
ment of an outside monitor selected by the chair,  at  the  group  self-
insurer's  expense.  Effective January first, two thousand fourteen, any
group self-insurer that fails to show it is fully funded  in  accordance
with  this  paragraph  and the regulations issued pursuant thereto shall
have one year to cure the deficiency. If such deficiency  is  not  cured
within  one  year,  the  group self-insurer shall be given six months to
terminate its coverage.]
  (c) The chair shall evaluate, no less than once every three  years,  a
group  self-insurer's  compliance  with  the  financial  and  regulatory
requirements for self-insurance. The  chair  may  engage  any  qualified

S. 2807--A                         18                         A. 4007--A

person  or  organization  to  assist  with such evaluation and any costs
incurred by the chair shall be borne by  the  group  self-insurer  under
examination. Failure to submit to such independent review or to pay such
costs,  upon  demand of the chair, shall be sufficient grounds to termi-
nate coverage of the group self-insurer.
  (d) The chair may require reports to be prepared by an auditor,  actu-
ary  or  other  consultant,  selected  by  the  board or, at the chair's
discretion, by the group self-insurer from a list which shall be pre-ap-
proved by the chair to determine whether the  group  self-insurer  meets
the  financial  criteria  for  self-insurance. All actuaries so selected
shall be fellows or associates of the casualty actuarial society.
  (e) The chair may also require that any and all agreements,  contracts
and  other  pertinent  documents  relating  to  the  organization of the
members in the group self-insurer shall be filed [at the time the appli-
cation for group self-insurance is  made  or  anytime  thereafter.  Such
application  shall  be  on a form prescribed by the chair. The chair may
also require an agreement on the part of said group self-insurer to  pay
any  awards commuted under section twenty-seven of this chapter into the
aggregate trust fund as a condition of its being allowed to operate as a
group self-insurer pursuant to this subdivision] WITH THE CHAIR.
  (f) The chair shall have the authority to [deny the application of the
group self-insurer to  pay  such  compensation  or  to]  revoke  consent
furnished under this section at any time for good cause shown.
  (g)  At least twenty days prior to the requested effective date of the
participating agreement, a group self-insurer shall notify the chair  on
a  prescribed  form  of  a  new group self-insurer member and file (1) a
member application and (2) a copy of the  properly  executed  prescribed
participation  agreement wherein the member acknowledges their joint and
several obligation for their period of membership. The board shall, on a
form promulgated by the chair, provide notice of the member's rights and
responsibilities as a group self-insurer member, including the  member's
assumption  of  joint  and  several liability, and require the member to
return a signed copy to the chair as a  condition  of  membership.  Such
membership  shall  not  become  effective until the signed copy has been
received by the board.
  (h) Any member terminating membership in a  group  self-insurer  after
less  than  four  years  in such group self-insurer, and any member in a
group self-insurer that has defaulted, shall be precluded from obtaining
prospective coverage from any group self-insurer  for  a  period  of  at
least three years from the effective date of termination.
  (a)  If  for any reason, the status of a group self-insurer under this
subdivision is terminated, INCLUDING BY OPERATION OF LAW  ON  AND  AFTER
JANUARY FIRST, TWO THOUSAND TWELVE, the securities or cash or the surety
bond  on  deposit  referred to herein shall remain in the custody of the
chair for such time as the chair may deem proper and warranted. In  lieu
thereof, and at the discretion of the chair, the group self-insurer, its
heirs  or  assigns or others carrying on or liquidating such group self-
insurer, including the chair on the  group  self-insurer's  behalf,  may
execute an assumption of workers' compensation liability insurance poli-
cy  securing  such  further and future contingent liability as may arise
from prior injuries to workers and be incurred by reason of  any  change
in  the condition of such workers warranting the board making subsequent
awards for payment of additional compensation. Such policy shall be in a
form approved by the superintendent of insurance and issued by the state
fund or any insurance company licensed to issue this class of  insurance
in  this state.  In the event that such policy is issued by an insurance

S. 2807--A                         19                         A. 4007--A

company other than the state fund, then said policy shall be  deemed  of
the kind specified in paragraph fifteen of subsection (a) of section one
thousand  one  hundred  thirteen of the insurance law and covered by the
workers'  compensation  security fund as created and governed by article
six-A of this chapter.  It shall only be issued for  a  single  complete
premium  payment  in  advance by the group self-insurer and in an amount
deemed acceptable by the chair and the superintendent of  insurance.  In
lieu  of the applicable premium charge ordinarily required to be imposed
by a carrier, said premium shall include a surcharge in an amount to  be
determined by the chair to: (i) satisfy all assessment liability due and
owing to the board and/or the chair under this chapter; and (ii) satisfy
all future assessment liability under this section. Said surcharge shall
be  payable to the board simultaneous to the execution of the assumption
of  workers'  compensation  liability  insurance  policy.  However,  the
payment  of  said  surcharge does not relieve the carrier from any other
liability, including liability owed to the superintendent  of  insurance
pursuant  to  article  six-A  of this chapter.   When issued such policy
shall be noncancellable  without  recourse  for  any  cause  during  the
continuance of the liability secured and so covered.
  (10)  (A)  A  NON-MUNICIPAL GROUP OF EMPLOYERS MAY MAKE APPLICATION TO
THE CHAIR TO QUALIFY JOINTLY AS A SELF-INSURER, PROVIDED:
  (1) THE MEMBERS OF THE GROUP SECURE THE SERVICES OF AN  ADMINISTRATOR,
WHO SHALL CARRY OUT THE RESPONSIBILITIES OF SUCH AN ADMINISTRATOR AS SET
FORTH  IN  SUBDIVISION FIVE OF THIS SECTION, AND WHO SHALL BE SUBJECT TO
THE RESTRICTIONS AND PENALTIES APPLICABLE TO AN ADMINISTRATOR UNDER THIS
SECTION;
  (2) THE MEMBERS OF  THE  GROUP,  THROUGH  THE  ADMINISTRATOR,  JOINTLY
DEPOSIT  SUFFICIENT  SECURITIES  IN ACCORDANCE WITH SUBDIVISION THREE OF
THIS SECTION AS TO SECURE THE LIABILITY OF THE MEMBERS OF THE  GROUP  TO
PAY COMPENSATION, PROVIDED THE INITIAL DEPOSIT SHALL BE MADE BY NOVEMBER
FIRST, TWO THOUSAND ELEVEN;
  (3)  THE  GROUP  HAS  BEEN  AUTHORIZED  BY THE CHAIR TO SELF-INSURE IN
ACCORDANCE WITH THIS SUBDIVISION PRIOR TO THE  EFFECTIVE  DATE  OF  THIS
PARAGRAPH;
  (4)  THE GROUP'S MEMBERS FALL WITHIN A LIMITED NUMBER OF PAYROLL CLAS-
SIFICATIONS, AS SET BY THE CHAIR, AFTER GIVING DUE CONSIDERATION TO  THE
RISKS  ASSOCIATED  WITH  ANY  GROUP  OF  EMPLOYERS  SELF-INSURING OR THE
PARTICIPANT EMPLOYERS ARE PARTIES  TO  THE  SAME  COLLECTIVE  BARGAINING
AGREEMENT;
  (5)  THE  GROUP  WAS  FULLY  FUNDED  FOR FOUR OUT OF THE PREVIOUS FIVE
YEARS, AS DETERMINED BY THE CHAIR FOLLOWING A FINANCIAL REVIEW, AND  THE
GROUP SELF-INSURER HAS SUFFICIENT FUNDS TO MEET ITS LIABILITIES;
  (6) THE GROUP HAS A SAFETY PROGRAM ACCEPTABLE TO THE CHAIR; AND
  (7) THE GROUP IS SUBJECT TO SUCH OTHER LIMITATIONS AND REQUIREMENTS OF
THIS  SUBDIVISION  UNLESS  WAIVED BY THE CHAIR AND TO REGULATIONS OF THE
CHAIR.
  (B) THE MEMBERS OF ANY SUCH GROUP SHALL ENTER INTO AN AGREEMENT  AMONG
THEMSELVES AND WITH THE GROUP'S ADMINISTRATOR WHICH SHALL, AT A MINIMUM:
  (1)  INDICATE  THAT  EACH  OF  THE MEMBERS OF THE GROUP IS JOINTLY AND
SEVERALLY LIABLE FOR ANY LIABILITIES OF THE GROUP; AND
  (2) PROVIDE FOR THE COLLECTION OF ADDITIONAL FUNDS FROM GROUP  MEMBERS
IN  THE  EVENT  THE  DEPOSIT  WITH THE BOARD IS INSUFFICIENT TO MEET THE
LIABILITIES OF THE GROUP.
  (11) FORMER GROUP SELF-INSURER. ANY GROUP SELF-INSURER THAT HAS CEASED
TO SELF-INSURE, OR HAS CEASED TO SELF-INSURE ANY NEW  LIABILITIES  AFTER
JANUARY  FIRST,  TWO THOUSAND TWELVE IN ACCORDANCE WITH PARAGRAPH TWO OF

S. 2807--A                         20                         A. 4007--A

THIS SUBDIVISION, SHALL REMAIN SUBJECT TO ALL  THE  PROVISIONS  OF  THIS
SUBDIVISION  AND THE REGULATIONS ISSUED PURSUANT THERETO AND ANY ASSESS-
MENTS PROVIDED FOR BY THIS SECTION UNTIL SUCH TIME AS THE GROUP SELF-IN-
SURER NO LONGER POSSESSES ANY LIABILITIES.
  (12)  ANY  NON-MUNICIPAL  GROUP OF EMPLOYERS AUTHORIZED TO SELF-INSURE
UNDER PARAGRAPH TEN OF THIS SECTION ON OR AFTER JANUARY FIRST, TWO THOU-
SAND TWELVE SHALL BE DEEMED A "PRIVATE SELF-INSURER" FOR PURPOSES OF THE
ASSESSMENTS SET FORTH IN SECTIONS FIFTEEN AND ONE HUNDRED  FIFTY-ONE  OF
THIS CHAPTER.
  S  4.  Subparagraph 2 of paragraph b of subdivision 5 of section 50 of
the workers' compensation law is REPEALED.
  S 5. Paragraph (a) of subdivision 4 of section 141-a of  the  workers'
compensation  law, as added by chapter 6 of the laws of 2007, is amended
to read as follows:
  (a) Whenever the chair determines that an employer who is required  to
secure compensation in accordance with this chapter has failed to secure
such  compensation,  or  where  an  employer has failed to pay penalties
assessed against it pursuant to this chapter, OR FAILED TO PAY  A  JUDG-
MENT  UNDER  SECTION TWENTY-SIX OF THIS CHAPTER WITHIN NINETY DAYS AFTER
NOTICE TO THE EMPLOYER AND HAS NOT MOVED TO MODIFY OR VACATE SUCH  JUDG-
MENT, such failure shall be deemed an immediate serious danger to public
health, safety, or welfare sufficient to justify service by the chair of
a  stop-work order on the employer, requiring the cessation of all busi-
ness operations effective immediately, except where the employer's fail-
ure concerns only domestic or child care  workers  in  his  or  her  own
household. The chair may issue such order, which shall take effect as to
a  particular  employer  worksite when served at that worksite, or as to
all employer worksites in the state for which the  employer  is  not  in
compliance  when served on the employer. A stop-work order may be served
with regard to an employer's worksite by posting a copy of the stop-work
order in a conspicuous location at the worksite. The order shall  remain
in  effect  until the chair directs that the stop-work order be removed,
upon a determination that the employer has come into compliance with the
coverage requirements of this chapter and has paid any penalty  assessed
under  this  chapter.  If  the  employer  shall within thirty days after
notice of the stop-work order make an application in affidavit form  for
a  redetermination  review of such order the chair shall make a decision
in writing on the issues raised  in  such  application.  The  chair  may
direct  a conditional release from a stop-work order upon a finding that
the employer has complied with coverage requirements of this chapter and
has agreed to remit periodic payments  of  the  penalty  pursuant  to  a
payment  agreement  schedule with the chair. If an agreement or order of
conditional release is issued, failure by the employer to meet any  term
or  condition  of  such  payment agreement shall result in the immediate
reinstatement of the stop-work order and the entire  unpaid  balance  of
the  penalty  shall  become  immediately  due.  The chair may require an
employer who is found  to  have  failed  to  comply  with  the  coverage
requirements  of  this chapter to file with the board, as a condition of
release from a stop-work order,  periodic  reports  for  a  probationary
period that shall not exceed two years, and that demonstrate the employ-
er's  continued  compliance  with  this chapter. The board shall by rule
specify the reports required and the time for filing under this subdivi-
sion.
  S 6. Paragraphs (b) and (c) of subdivision 2 of  section  151  of  the
workers' compensation law, paragraph (b) as amended by section 2 of part

S. 2807--A                         21                         A. 4007--A

QQ  of  chapter  56  of the laws of 2009 and paragraph (c) as amended by
chapter 6 of the laws of 2007, are 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-in-
surers] and the state insurance fund in such  year  bore  to  the  total
compensation  payments  made by all self-insurers [except group self-in-
surers], the state insurance fund, AND 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[, and (iii) group
self-insurers 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]. 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
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 standard premium by each such insurance carrier bore to
the total standard premium reported by all insurance  carriers  for  the
calendar  year  which  ended with the state 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 calculation for each such  group  self-in-
surer  bore to the total pure premium calculation for all group self-in-
surers for the calendar year which ended within the 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,  "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

S. 2807--A                         22                         A. 4007--A

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.  FOR THE PURPOSES OF THIS SECTION, A "SELF-INSUR-
ER" SHALL BE: (I) AN EMPLOYER AUTHORIZED TO SELF-INSURE  UNDER  SUBDIVI-
SION THREE OF SECTION FIFTY OF THIS CHAPTER, OR ACTIVE GROUPS AUTHORIZED
PURSUANT  TO  SUBDIVISION  THREE-A  OF  SECTION FIFTY OF THIS CHAPTER, A
GROUP OF EMPLOYERS AUTHORIZED TO  SELF-INSURE  UNDER  PARAGRAPH  TEN  OF
SUBDIVISION  THREE-A  OF SECTION FIFTY OF THIS CHAPTER; OR (II) A PUBLIC
EMPLOYER AS SET FORTH IN PARAGRAPH A  OF  SUBDIVISION  FOUR  OF  SECTION
FIFTY OF THIS CHAPTER AUTHORIZED TO SELF-INSURE UNDER SUBDIVISION THREE,
THREE-A OR FOUR OF SECTION FIFTY OR ARTICLE FIVE OF THIS CHAPTER, WHETH-
ER INDIVIDUALLY OR AS A GROUP.
  (c) Assessments for the special disability fund, the fund for reopened
cases  and for the operations of the board shall not constitute elements
of loss but shall for collection purposes be treated as  separate  costs
by  carriers.  [All  group  self-insurers shall collect such assessments
from their employer members in a fair and equitable manner.] All  insur-
ance  carriers,  including  the state insurance fund, shall collect such
assessments from their policyholders through a surcharge based on premi-
um in accordance with rules set forth by the New York  workers'  compen-
sation  rating  board,  as  approved by the superintendent of insurance.
Such surcharge shall be considered  as  part  of  premium  for  purposes
prescribed  by law including, but not limited to, computing premium tax,
reporting to the superintendent of insurance pursuant to  section  nine-
ty-nine of this chapter and section three hundred seven of the insurance
law,  determining  the limitation of expenditures for the administration
of the state insurance fund pursuant to  section  eighty-eight  of  this
chapter  and  the  cancellation  by  an insurance carrier, including the
state insurance fund, of a policy for non-payment of premium.
  S 7.  This act shall take effect immediately; provided  that  sections
one  and  six  of  this  act shall take effect January 1, 2011 and shall
apply to any assessment cycle beginning on or after such date;  provided
further,  that  in  the  event  that  the  total  amount  of assessments
collected by the chair of the workers' compensation board by May 1, 2011
pursuant to subparagraph 4 of paragraph (h) of subdivision 8 of  section
15  of  the  workers' compensation law as amended by section one of this
act do not equal at least one hundred ten percent of  the  debt  service
assessment,  as defined in such provision of law, the chair of the work-
ers' compensation board shall, not later  than  June  1,  2011,  and  in
accordance  with  the  provisions  of subparagraph 4 of paragraph (h) of
subdivision 8 of section 15 of the workers' compensation law, as amended
by section one of this act, assess and collect a supplemental assessment
in an amount equal to the amount that would have  been  due  from  group
self-insurers  in  2011  had  this  act  not  taken effect, and that the
provisions of subparagraph 4  of  paragraph  (h)  of  subdivision  8  of
section  15 of the workers' compensation law shall apply to such supple-
mental assessment in all respects except for the date and amount of such
special assessment and that such special assessment shall be  deemed  an

S. 2807--A                         23                         A. 4007--A

assessment  pursuant to subparagraph 4 of paragraph (h) of subdivision 8
of section 15 of the workers' compensation law for all purposes.

                                 PART H

  Section 1. Paragraph (f) of subdivision 1 of section 169 of the execu-
tive law, as separately amended by section 11 of part A-1 and section 10
of  part  O  of  chapter  56  of the laws of 2010, is amended to read as
follows:
  (f) executive director of adirondack park agency, commissioners of the
state liquor  authority,  [commissioners  of  the  state  civil  service
commission,] members of state commission of correction, members of unem-
ployment  insurance  appeal  board,  and members of the workers' compen-
sation board.
  S 2. Paragraph (a) of subdivision 2 of section 5 of the civil  service
law,  as  amended by chapter 248 of the laws of 1960, is amended to read
as follows:
  (a) Appointment. The state civil service commission is  continued  and
shall  consist  of  three  commissioners  who  shall be appointed by the
governor, by and with the advice and consent of  the  senate,  not  more
than  two  of  whom  shall be adherents of the same political party. The
governor shall designate one of the members  of  the  commission  to  be
president  of the commission and such member shall serve in the capacity
of president during the pleasure of the governor. The members shall  not
hold  any  other public office or public employment for which they shall
receive compensation other than  necessary  travel  and  other  expenses
incurred  in  the  performance  of  the  duties  of such other office or
employment, or engage in private employment or in a profession or  busi-
ness  which  interferes with the performance of their duties or requires
their disqualification from the performance of such duties because of  a
conflict  of interests caused thereby.  THE COMMISSIONERS OTHER THAN THE
PRESIDENT OF THE COMMISSION SHALL,  WHEN  PERFORMING  THE  WORK  OF  THE
COMMISSION,  BE COMPENSATED AT THE RATE OF TWO HUNDRED FIFTY DOLLARS PER
DAY, TOGETHER WITH  AN  ALLOWANCE  FOR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED  IN  THE  DISCHARGE OF THEIR DUTIES HEREUNDER. THE PRESIDENT OF
THE COMMISSION SHALL RECEIVE AN ANNUAL SALARY ESTABLISHED IN SECTION ONE
HUNDRED SIXTY-NINE OF THE EXECUTIVE LAW. No member  shall  serve  as  an
officer  of  any  political party or political organization or engage in
partisan political activities.
  S 3. This act shall  take  effect  immediately,  and  shall  apply  to
current members of the civil service commission.

                                 PART I

  Section  1. Clause 2 of subparagraph (viii) of paragraph a of subdivi-
sion 10 of section 54 of the state finance law, as amended by section  1
of  part  Z  of  chapter  56  of the laws of 2010, 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 AND CHAPTER THREE HUNDRED THIRTEEN OF
THE LAWS OF TWO THOUSAND TEN, excluding any deficit reduction adjustment
pursuant to paragraph e-1  of  this  subdivision,  plus  any  additional
apportionments  received  in  such  year pursuant to paragraph d of this
subdivision and any per capita adjustments received in such year  pursu-

S. 2807--A                         24                         A. 4007--A

ant to paragraph e of this subdivision [plus any additional aid received
in such year pursuant to paragraph p of this subdivision].
  S  2. Paragraph b of subdivision 10 of section 54 of the state finance
law is amended by adding a new subparagraph (iv) to read as follows:
  (IV)  NOTWITHSTANDING  SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH,  WITHIN
AMOUNTS  APPROPRIATED  IN  THE STATE FISCAL YEAR COMMENCING APRIL FIRST,
TWO THOUSAND ELEVEN, THERE SHALL BE APPORTIONED AND PAID TO EACH MUNICI-
PALITY A BASE LEVEL GRANT IN AN AMOUNT  EQUAL  TO  THE  PRIOR  YEAR  AID
RECEIVED  BY SUCH MUNICIPALITY MINUS A BASE LEVEL GRANT ADJUSTMENT EQUAL
TO TWO PERCENT OF SUCH PRIOR YEAR AID.
  S 3. Paragraph i of subdivision 10 of section 54 of the state  finance
law is amended by adding a new subparagraph (viii) to read as follows:
  (VIII)  NOTWITHSTANDING  SUBPARAGRAPH  (I)  OF  THIS PARAGRAPH, IN THE
STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND ELEVEN, THE  BASE
LEVEL  GRANT  ADJUSTMENT PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH B OF
THIS SUBDIVISION SHALL BE MADE ON OR BEFORE SEPTEMBER TWENTY-FIFTH FOR A
TOWN OR VILLAGE, ON OR BEFORE DECEMBER FIFTEENTH FOR A CITY WHOSE FISCAL
YEAR BEGINS JANUARY FIRST, AND ON OR BEFORE MARCH FIFTEENTH FOR  A  CITY
WHOSE FISCAL YEAR DOES NOT BEGIN JANUARY FIRST.
  S  4. Paragraph j of subdivision 10 of section 54 of the state finance
law, as amended by section 4 of part Z of chapter  56  of  the  laws  of
2010, 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
[years] YEAR commencing April first, two thousand nine [and April first,
two  thousand  eleven, and in each state fiscal year thereafter], a city
with a population of one million or more shall receive three hundred one
million  six  hundred  fifty-eight  thousand  four  hundred  ninety-five
dollars  payable on or before December fifteenth. Special aid and incen-
tives for municipalities to the city of New York  shall  be  apportioned
and paid as required as follows:
  (i)   Any   amounts  required  to  be  paid  to  the  city  university
construction fund pursuant to the city university construction fund act;
  (ii) Any amounts required to be paid to  the  New  York  city  housing
development  corporation  pursuant to the New York city housing develop-
ment corporation act;
  (iii) Five hundred thousand dollars to the chief fiscal officer of the
city of New York for payment to the trustees of the police pension  fund
of such city;
  (iv)  Eighty  million dollars to the special account for the municipal
assistance corporation for the city of New York in the municipal assist-
ance tax fund created pursuant to section ninety-two-d of  this  chapter
to  the  extent  that  such  amount  has  been included by the municipal
assistance corporation for the city of New York in any  computation  for
the  issuance  of bonds on a parity with outstanding bonds pursuant to a
contract with the holders of such bonds prior to  the  issuance  of  any
other  bonds  secured  by  payments from the municipal assistance corpo-
ration for the city of New York in the municipal  assistance  state  aid
fund created pursuant to section ninety-two-e of this chapter;

S. 2807--A                         25                         A. 4007--A

  (v)  The  balance  of the special account for the municipal assistance
corporation for the city of New York in the municipal  assistance  state
aid fund created pursuant to section ninety-two-e of this chapter;
  (vi)  Any  amounts  to be refunded to the general fund of the state of
New York pursuant to the annual appropriation enacted for the  municipal
assistance state aid fund;
  (vii)  To  the  state  of  New  York municipal bond bank agency to the
extent provided by section twenty-four hundred thirty-six of the  public
authorities law; and
  (viii)  To  the  transit  construction  fund to the extent provided by
section twelve hundred twenty-five-i of the public authorities law,  and
thereafter to the city of New York.
Notwithstanding  any  other  law to the contrary, the amount paid to any
city with a population of one million or  more  on  or  before  December
fifteenth  shall  be  for  an  entitlement period ending the immediately
preceding June thirtieth.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART J

  Section  1.  Paragraph b of subdivision 2 of section 54-1 of the state
finance law, as amended by section 1 of part AA of  chapter  56  of  the
laws of 2010, is amended to read as follows:
  b.  Eligible  municipalities  shall  receive: (i) for the state fiscal
years commencing April first, two thousand seven and  April  first,  two
thousand  eight, a share of three and one-half percent of the "estimated
net machine income" generated by a video lottery gaming facility located
within such eligible municipality as follows:  (1)  twenty-five  percent
shall  be  apportioned  and  paid  to  the  county; and (2) seventy-five
percent shall be apportioned and paid on a pro rata  basis  to  eligible
municipalities, other than the county, based upon the population of such
eligible  municipalities.  Such state aid payment shall not exceed twen-
ty-five percent of an  eligible  municipality's  total  expenditures  as
reported  in  the statistical report of the comptroller in the preceding
state fiscal year pursuant to section thirty-seven of the general munic-
ipal law; (ii) for the state fiscal year  commencing  April  first,  two
thousand  nine:  (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;  and  (iii)  for  the  state
fiscal year commencing April first, two thousand ten [and for each state
fiscal  year thereafter], an amount equal to ninety percent of the state
aid payment received in the state fiscal year  commencing  April  first,
two thousand nine.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.

                                 PART K

S. 2807--A                         26                         A. 4007--A

  Section 1. The paragraph heading 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:
  Local  government  efficiency  grant  program  beginning  in the state
fiscal year commencing April first, two thousand  eight  AND  CONTINUING
UNTIL THE END OF THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOU-
SAND TEN.
  S 2.  Paragraph p of subdivision 10 of section 54 of the state finance
law,  as  amended  by  section 6 of part GG of chapter 56 of the laws of
2009, is amended to read as follows:
  p. [Local government efficiency grant program municipal merger  incen-
tives]  CITIZEN  EMPOWERMENT  TAX CREDIT.   (I) For the purposes of this
paragraph, "municipalities" shall mean cities  with  a  population  less
than one million, towns and villages.
  (II)  Within the annual amounts appropriated therefor, surviving muni-
cipalities following a [merger,] consolidation or dissolution  occurring
on  or  after the state fiscal year commencing April first, two thousand
seven [may] SHALL be awarded additional  ANNUAL  aid,  STARTING  in  the
state  fiscal  year following THE STATE FISCAL YEAR IN WHICH such [merg-
er,] consolidation or dissolution TOOK EFFECT, equal to fifteen  percent
of the combined amount of real property taxes levied by all of the muni-
cipalities  participating  in the [merger,] consolidation or dissolution
in the local fiscal year prior to the local fiscal year  in  which  such
[merger,]  consolidation or dissolution took effect. 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.  IN  NO CASE SHALL THE ADDITIONAL AID PURSUANT TO THIS PARAGRAPH
EXCEED ONE MILLION DOLLARS. Such additional aid shall be apportioned and
paid to the chief fiscal officer of each [consolidated or merged] ELIGI-
BLE municipality ON OR BEFORE SEPTEMBER TWENTY-FIFTH OF EACH SUCH  STATE
FISCAL  YEAR 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) Any municipality receiving a [merger  incentive  award]  CITIZEN
EMPOWERMENT  TAX  CREDIT  pursuant  to this paragraph shall use AT LEAST
FIFTY PERCENT OF such aid [only] FOR PROPERTY TAX RELIEF AND THE BALANCE
OF SUCH AID for general municipal purposes. [In no case shall the  addi-
tional  aid  pursuant to this 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.] FOR EACH LOCAL FISCAL YEAR  FOLLOWING  THE  EFFECTIVE
DATE  OF  THE  CHAPTER  OF THE LAWS OF TWO THOUSAND ELEVEN WHICH AMENDED
THIS PARAGRAPH IN WHICH SUCH AID IS PAYABLE, A STATEMENT SHALL BE PLACED
ON EACH PROPERTY TAX BILL FOR SUCH  MUNICIPALITY  IN  SUBSTANTIALLY  THE
FOLLOWING  FORM: "YOUR PROPERTY TAX SAVINGS THIS YEAR RESULTING FROM THE

S. 2807--A                         27                         A. 4007--A

STATE CITIZEN EMPOWERMENT TAX CREDIT RECEIVED AS  THE  RESULT  OF  LOCAL
GOVERNMENT  RE-ORGANIZATION  IS  $______." THE PROPERTY TAX SAVINGS FROM
THE CITIZEN EMPOWERMENT TAX CREDIT FOR EACH PROPERTY TAX BILL  SHALL  BE
CALCULATED  BY (1) MULTIPLYING THE AMOUNT OF THE CITIZEN EMPOWERMENT TAX
CREDIT USED FOR PROPERTY TAX RELIEF BY  THE  AMOUNT  OF  PROPERTY  TAXES
LEVIED ON SUCH PROPERTY BY SUCH MUNICIPALITY AND (2) DIVIDING THE RESULT
BY THE TOTAL AMOUNT OF PROPERTY TAXES LEVIED BY SUCH MUNICIPALITY.
  S  3. Paragraph q of subdivision 10 of section 54 of the state finance
law is relettered paragraph t and three new paragraphs q, r  and  s  are
added to read follows:
  Q.   LOCAL   GOVERNMENT  CITIZENS  RE-ORGANIZATION  EMPOWERMENT  GRANT
PROGRAM. (I) (1) FOR THE PURPOSES OF THIS PARAGRAPH,  "LOCAL  GOVERNMENT
ENTITY"  OR  "ENTITY"  SHALL  MEAN  A  TOWN,  VILLAGE, DISTRICT, SPECIAL
IMPROVEMENT DISTRICT OR OTHER IMPROVEMENT DISTRICT, INCLUDING,  BUT  NOT
LIMITED  TO,  SPECIAL  DISTRICTS  CREATED  PURSUANT  TO ARTICLES ELEVEN,
TWELVE, TWELVE-A OR THIRTEEN OF THE TOWN  LAW,  LIBRARY  DISTRICTS,  AND
OTHER  DISTRICTS CREATED BY LAW; PROVIDED, HOWEVER, THAT A LOCAL GOVERN-
MENT ENTITY SHALL  NOT  INCLUDE  SCHOOL  DISTRICTS,  CITY  DISTRICTS  OR
SPECIAL PURPOSE DISTRICTS CREATED BY COUNTIES UNDER COUNTY LAW.
  (2) FOR THE PURPOSES OF THIS PARAGRAPH, "LOCAL GOVERNMENT RE-ORGANIZA-
TION"  SHALL MEAN THE CONSOLIDATION OR DISSOLUTION OF A LOCAL GOVERNMENT
ENTITY IN ACCORDANCE WITH ARTICLE SEVENTEEN-A OF THE  GENERAL  MUNICIPAL
LAW.
  (II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
STATE MAY AWARD GRANTS TO LOCAL GOVERNMENT ENTITIES TO COVER COSTS ASSO-
CIATED  WITH STUDIES, PLANS, AND IMPLEMENTATION EFFORTS RELATED TO LOCAL
GOVERNMENT RE-ORGANIZATION ACTIVITIES.
  (III) STUDY PROJECTS SHALL INCLUDE AN  EXAMINATION  OF  THE  POTENTIAL
FINANCIAL SAVINGS, MANAGEMENT IMPROVEMENTS, AND SERVICE DELIVERY CHANGES
RESULTING  FROM  A  LOCAL GOVERNMENT RE-ORGANIZATION, AS WELL AS OPTIONS
FOR COST-SAVINGS IF THE RE-ORGANIZATION IS NOT COMPLETED.
  (IV) LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT GRANTS  MAY
BE USED TO COVER COSTS INCLUDING, BUT NOT LIMITED TO, LEGAL AND CONSULT-
ANT  SERVICES,  CAPITAL  IMPROVEMENTS,  TRANSITIONAL PERSONNEL COSTS AND
OTHER NECESSARY EXPENSES RELATED TO RE-ORGANIZATION  ANALYSIS,  PLANNING
AND IMPLEMENTATION. GRANTS MAY BE USED FOR CAPITAL IMPROVEMENTS, TRANSI-
TIONAL  PERSONNEL  COSTS  OR  JOINT  EQUIPMENT PURCHASES ONLY WHERE SUCH
EXPENSES ARE INTEGRAL TO IMPLEMENTATION OF THE RE-ORGANIZATION. NO  PART
OF  THE GRANT SHALL BE USED BY THE APPLICANT FOR RECURRING EXPENSES SUCH
AS SALARIES, EXCEPT THAT THE SALARIES OF CERTAIN TRANSITIONAL  PERSONNEL
ESSENTIAL  FOR THE IMPLEMENTATION OF THE RE-ORGANIZATION SHALL BE ELIGI-
BLE FOR A PERIOD NOT TO EXCEED THREE YEARS.
  (V) WHERE THE ELECTORS OF A LOCAL GOVERNMENT ENTITY HAVE FILED A PETI-
TION PURSUANT TO ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL  LAW  THAT
WILL  REQUIRE  A  REFERENDUM ON THE QUESTION OF CONSOLIDATION OR DISSOL-
UTION OF THE LOCAL GOVERNMENT ENTITY, SUCH LOCAL GOVERNMENT ENTITY  WILL
BE  ELIGIBLE  FOR  AN EXPEDITED GRANT TO COVER COSTS ASSOCIATED WITH THE
DEVELOPMENT AND DISSEMINATION TO THE ELECTORS OF INFORMATION RELATED  TO
THE  RE-ORGANIZATION  QUESTION  BEFORE SUCH REFERENDUM. THE SECRETARY OF
STATE SHALL DEVELOP PROCESSES THAT WILL PERMIT EXPEDITED  FINANCIAL  AND
TECHNICAL  ASSISTANCE  TO  SUCH LOCAL GOVERNMENT ENTITIES, INCLUDING BUT
NOT LIMITED TO PRE-QUALIFIED CONSULTANTS,  DIRECT  TECHNICAL  ASSISTANCE
FROM PROGRAM STAFF AND PRE-ESTABLISHED WORK PLANS.
  (VI)  THE MAXIMUM CUMULATIVE GRANT AWARD FOR A LOCAL GOVERNMENT RE-OR-
GANIZATION SHALL NOT  EXCEED  ONE  HUNDRED  THOUSAND  DOLLARS.  A  LOCAL
GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT GRANT FOR A RE-ORGANIZA-

S. 2807--A                         28                         A. 4007--A

TION  STUDY SHALL IN NO EVENT EXCEED FIFTY THOUSAND DOLLARS PER APPLICA-
TION, OF WHICH UP TO TWENTY-FIVE THOUSAND DOLLARS MAY BE AWARDED  ON  AN
EXPEDITED BASIS. A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT
GRANT  FOR THE PLANNING OR IMPLEMENTATION OF A RE-ORGANIZATION SHALL NOT
EXCEED FIFTY THOUSAND DOLLARS. IN NO EVENT SHALL  THE  CUMULATIVE  GRANT
AWARDS  FOR  A LOCAL GOVERNMENT RE-ORGANIZATION EXCEED ONE HUNDRED THOU-
SAND DOLLARS.
  (VII) MATCHING FUNDS EQUAL TO TEN PERCENT OF THE TOTAL COST OF  ACTIV-
ITIES  UNDER  THE  GRANT  WORK  PLAN APPROVED BY THE DEPARTMENT OF STATE
SHALL BE REQUIRED.
  R. LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM BEGINNING  IN  THE  STATE
FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND ELEVEN. (I) (1) FOR THE
PURPOSES  OF  THIS  PARAGRAPH, "MUNICIPALITY" SHALL MEAN A COUNTY, CITY,
TOWN, VILLAGE,  SPECIAL  IMPROVEMENT  DISTRICT,  FIRE  DISTRICT,  PUBLIC
LIBRARY, ASSOCIATION LIBRARY, WATER AUTHORITY, SEWER AUTHORITY, REGIONAL
PLANNING AND DEVELOPMENT BOARD, SCHOOL DISTRICT, OR BOARD OF COOPERATIVE
EDUCATIONAL  SERVICES;  PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF THIS
DEFINITION, A BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE CONSID-
ERED A MUNICIPALITY 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 ADDI-
TIONAL STATE AID; SHALL BE DEEMED NOT TO BE A PART OF THE PROGRAM, CAPI-
TAL AND ADMINISTRATIVE BUDGETS OF THE BOARD OF  COOPERATIVE  EDUCATIONAL
SERVICES  FOR  THE  PURPOSES  OF COMPUTING CHARGES UPON COMPONENT SCHOOL
DISTRICTS PURSUANT TO SUBDIVISION ONE AND SUBPARAGRAPH  SEVEN  OF  PARA-
GRAPH B OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY AND SUBDI-
VISION  ONE  OF SECTION NINETEEN HUNDRED FIFTY-ONE OF THE EDUCATION LAW;
AND SHALL BE DEEMED TO BE A COOPERATIVE MUNICIPAL SERVICE  FOR  PURPOSES
OF  SUBPARAGRAPH TWO OF PARAGRAPH D OF SUBDIVISION FOUR OF SECTION NINE-
TEEN HUNDRED FIFTY OF THE EDUCATION LAW.
  (2) FOR THE PURPOSES OF  THIS  PARAGRAPH,  "FUNCTIONAL  CONSOLIDATION"
SHALL  MEAN  ONE MUNICIPALITY COMPLETELY PROVIDING A SERVICE OR FUNCTION
FOR ANOTHER MUNICIPALITY, WHICH NO LONGER PROVIDES SUCH SERVICE OR FUNC-
TION.
  (II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
STATE MAY AWARD COMPETITIVE GRANTS  TO  MUNICIPALITIES  TO  COVER  COSTS
ASSOCIATED WITH LOCAL GOVERNMENT EFFICIENCY PROJECTS, INCLUDING, BUT NOT
LIMITED  TO, PLANNING FOR OR IMPLEMENTATION OF A MUNICIPAL CONSOLIDATION
OR DISSOLUTION, A FUNCTIONAL CONSOLIDATION, A  CITY  OR  COUNTY  CHARTER
REVISION  THAT  INCLUDES FUNCTIONAL CONSOLIDATION, SHARED OR COOPERATIVE
SERVICES, AND REGIONALIZED DELIVERY OF SERVICES; PROVIDED, HOWEVER, THAT
SUCH LOCAL GOVERNMENT EFFICIENCY PROJECTS MUST DEMONSTRATE NEW  OPPORTU-
NITIES  FOR  FINANCIAL  SAVINGS  AND OPERATIONAL EFFICIENCIES; PROVIDED,
FURTHER, THAT ELIGIBLE LOCAL GOVERNMENT EFFICIENCY  PROJECTS  SHALL  NOT
INCLUDE  STUDIES AND PLANS FOR A LOCAL GOVERNMENT RE-ORGANIZATION ELIGI-
BLE TO RECEIVE A LOCAL GOVERNMENT CITIZENS  RE-ORGANIZATION  EMPOWERMENT
GRANT  PURSUANT  TO  PARAGRAPH  Q  OF THIS SUBDIVISION. THE SECRETARY OF
STATE MAY FOCUS THE GRANT PROGRAM IN SPECIFIC FUNCTIONAL  AREAS,  WITHIN
DISTRESSED  COMMUNITIES  AND AREAS OF HISTORICALLY HIGH LOCAL GOVERNMENT
COSTS AND PROPERTY TAXES, OR IN AREAS OF UNIQUE  OPPORTUNITY,  IN  WHICH
CASE  SUCH  AREAS  OF  FOCUS SHALL BE DETAILED IN A REQUEST FOR APPLICA-
TIONS.

S. 2807--A                         29                         A. 4007--A

  (III) ANY APPROVED PROJECT SHALL INCLUDE AN EXAMINATION  OF  FINANCIAL
SAVINGS, RETURN ON PUBLIC INVESTMENT AND MANAGEMENT IMPROVEMENTS RESULT-
ING FROM PROJECT IMPLEMENTATION.
  (IV)  LOCAL  GOVERNMENT  EFFICIENCY  GRANTS MAY BE USED TO COVER COSTS
INCLUDING, BUT NOT LIMITED TO, LEGAL AND  CONSULTANT  SERVICES,  CAPITAL
IMPROVEMENTS,  TRANSITIONAL PERSONNEL COSTS AND OTHER NECESSARY EXPENSES
RELATED TO IMPLEMENTING THE APPROVED LOCAL GOVERNMENT  EFFICIENCY  GRANT
WORK  PLAN.  GRANTS  MAY  BE USED FOR CAPITAL IMPROVEMENTS, TRANSITIONAL
PERSONNEL COSTS OR JOINT EQUIPMENT PURCHASES ONLY  WHERE  SUCH  EXPENSES
ARE  INTEGRAL  TO  IMPLEMENTATION  OF  THE  LOCAL  GOVERNMENT EFFICIENCY
PROJECT. NO PART OF THE GRANT SHALL BE USED BY THE APPLICANT FOR  RECUR-
RING  EXPENSES  SUCH  AS  SALARIES,  EXCEPT THAT THE SALARIES OF CERTAIN
TRANSITIONAL PERSONNEL ESSENTIAL FOR THE IMPLEMENTATION OF THE  APPROVED
LOCAL  GOVERNMENT  EFFICIENCY  GRANT  WORK  PLAN SHALL BE ELIGIBLE FOR A
PERIOD NOT TO EXCEED THREE  YEARS.  THE  AMOUNTS  AWARDED  TO  A  SCHOOL
DISTRICT  PURSUANT  TO  THIS  SUBPARAGRAPH  SHALL NOT BE INCLUDED IN THE
APPROVED OPERATING EXPENSE OF THE SCHOOL DISTRICT AS  DEFINED  IN  PARA-
GRAPH  T  OF  SUBDIVISION  ONE  OF SECTION THIRTY-SIX HUNDRED TWO OF THE
EDUCATION LAW.
  (V) THE MAXIMUM CUMULATIVE GRANT AWARD FOR A  LOCAL  GOVERNMENT  EFFI-
CIENCY PROJECT SHALL NOT EXCEED TWO HUNDRED THOUSAND DOLLARS PER MUNICI-
PALITY;  PROVIDED, HOWEVER, THAT IN NO CASE SHALL SUCH A PROJECT RECEIVE
A CUMULATIVE GRANT AWARD IN EXCESS OF ONE MILLION DOLLARS.  THE  MAXIMUM
GRANT  AWARD  FOR A LOCAL GOVERNMENT EFFICIENCY PLANNING PROJECT, OR THE
PLANNING COMPONENT OF A PROJECT THAT INCLUDES BOTH PLANNING  AND  IMPLE-
MENTATION  OF  A  LOCAL  GOVERNMENT EFFICIENCY PROJECT, SHALL NOT EXCEED
TWENTY-FIVE THOUSAND DOLLARS PER MUNICIPALITY; PROVIDED,  HOWEVER,  THAT
IN  NO  EVENT  SHALL  SUCH  A  PLANNING PROJECT RECEIVE A GRANT AWARD IN
EXCESS OF TWO HUNDRED THOUSAND DOLLARS.
  (VI) LOCAL MATCHING FUNDS EQUAL TO TEN PERCENT OF THE  TOTAL  COST  OF
ACTIVITIES UNDER THE GRANT WORK PLAN APPROVED BY THE DEPARTMENT OF STATE
SHALL  BE REQUIRED. IN THE  EVENT AN APPLICANT IS IMPLEMENTING A PROJECT
THAT THE APPLICANT DEVELOPED THROUGH A SUCCESSFULLY  COMPLETED  PLANNING
GRANT  FUNDED UNDER THE LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM OR THE
SHARED MUNICIPAL SERVICES INCENTIVE GRANT PROGRAM,  THE  LOCAL  MATCHING
FUNDS  REQUIRED SHALL BE REDUCED BY THE LOCAL MATCHING FUNDS REQUIRED BY
SUCH SUCCESSFULLY COMPLETED PLANNING GRANT.
  (VII) IN THE SELECTION OF GRANT AWARDS, THE SECRETARY OF  STATE  SHALL
GIVE  THE HIGHEST PRIORITY TO APPLICATIONS: (1) THAT WOULD RESULT IN THE
DISSOLUTION OR CONSOLIDATION OF MUNICIPALITIES; (2) THAT WOULD IMPLEMENT
THE COMPLETE FUNCTIONAL CONSOLIDATION OF A MUNICIPAL SERVICE; OR (3)  BY
LOCAL  GOVERNMENTS  WITH  HISTORICALLY HIGH COSTS OF LOCAL GOVERNMENT OR
SUSTAINED INCREASES IN PROPERTY TAXES. PRIORITY WILL ALSO  BE  GIVEN  TO
MUNICIPALITIES  THAT HAVE PREVIOUSLY COMPLETED A PLANNING GRANT PURSUANT
TO THIS  PROGRAM  OR  THE  SHARED  MUNICIPAL  SERVICES  INCENTIVE  GRANT
PROGRAM,  AND TO LOCAL GOVERNMENTS CURRENTLY INVOLVED IN REGIONAL DEVEL-
OPMENT PROJECTS THAT HAVE RECEIVED FUNDS  THROUGH  STATE  COMMUNITY  AND
INFRASTRUCTURE DEVELOPMENT PROGRAMS.
  (VIII)  THE  DEPARTMENT OF STATE SHALL PREPARE AN ANNUAL REPORT TO THE
GOVERNOR AND THE LEGISLATURE ON THE EFFECTIVENESS OF THE  LOCAL  GOVERN-
MENT  EFFICIENCY  GRANT PROGRAM AND THE LOCAL GOVERNMENT CITIZENS RE-OR-
GANIZATION EMPOWERMENT GRANT PROGRAM. SUCH REPORT SHALL BE  PROVIDED  ON
OR  BEFORE  OCTOBER  FIRST  OF  EACH  YEAR AND SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE FOLLOWING: A SUMMARY OF APPLICATIONS AND AWARDS FOR EACH
GRANT CATEGORY, AN ASSESSMENT OF PROGRESS  IN  IMPLEMENTING  INITIATIVES
THAT  RECEIVED GRANT AWARDS, AND ESTIMATED FINANCIAL SAVINGS AND SIGNIF-

S. 2807--A                         30                         A. 4007--A

ICANT IMPROVEMENTS IN  SERVICE  REALIZED  BY  MUNICIPALITIES  THAT  HAVE
RECEIVED GRANTS.
  S.  LOCAL  GOVERNMENT  PERFORMANCE  AND  EFFICIENCY PROGRAM. (I) DEFI-
NITIONS.  FOR THE PURPOSES OF THIS PARAGRAPH, "MUNICIPALITY" SHALL  MEAN
A  COUNTY,  CITY, TOWN, OR VILLAGE, BUT SHALL NOT INCLUDE THE INDIVIDUAL
COUNTIES CONTAINED IN THE CITY OF NEW YORK.
  (II) PURPOSE.  THERE IS HEREBY ESTABLISHED A LOCAL GOVERNMENT PERFORM-
ANCE AND EFFICIENCY PROGRAM. THE PURPOSE OF THIS PROGRAM IS TO RECOGNIZE
MUNICIPALITIES THAT HAVE UNDERTAKEN SIGNIFICANT AND  INNOVATIVE  ACTIONS
TO IMPROVE THE OVERALL EFFICIENCY OF GOVERNMENTAL OPERATIONS AND PRODUCE
QUANTIFIABLE  RECURRING  FINANCIAL SAVINGS THAT REDUCE THE MUNICIPAL TAX
BURDEN ON RESIDENTS.
  (III) ELIGIBILITY. ALL MUNICIPALITIES IN NEW YORK STATE  ARE  ELIGIBLE
TO APPLY INDIVIDUALLY OR JOINTLY, PROVIDED HOWEVER THAT IF AN ACTION WAS
UNDERTAKEN  JOINTLY,  MUNICIPALITIES  MUST  APPLY  JOINTLY  FOR  SUCH AN
ACTION. THE ACTIONS FOR WHICH THEY APPLY MUST ALREADY HAVE  BEEN  IMPLE-
MENTED.
  (IV)  USE  OF AWARDS. AWARDS RECEIVED PURSUANT TO THE PROGRAM SHALL BE
USED BY MUNICIPALITIES FOR GENERAL MUNICIPAL PURPOSES.
  (V) APPLICATION. THE SECRETARY OF STATE SHALL DEVELOP  AN  APPLICATION
FOR  MUNICIPALITIES SEEKING TO RECEIVE AWARDS AND A PROCESS BY WHICH THE
APPLICATIONS WILL BE EVALUATED. SUCH APPLICATION SHALL  REQUIRE  MUNICI-
PALITIES  TO  DEMONSTRATE HOW THE ACTION FOR WHICH THEY HAVE APPLIED HAS
RESULTED IN QUANTIFIABLE RECURRING SAVINGS, EFFICIENCIES, AND  PERMANENT
IMPROVEMENTS TO MUNICIPAL SERVICES. THE SECRETARY OF STATE MAY FOCUS THE
PROGRAM  IN  SPECIFIC FUNCTIONAL SERVICE AREAS, IN WHICH CASE SUCH AREAS
OF FOCUS SHALL BE DETAILED IN A REQUEST FOR APPLICATIONS. NO APPLICATION
SHALL BE CONSIDERED FOR ACTIONS THAT COMMENCED PRIOR TO  JANUARY  FIRST,
TWO THOUSAND TEN.
  (VI)  AWARDS.  THE  SECRETARY  OF  STATE MAY MAKE AWARDS TO APPLICANTS
BASED ON FACTORS INCLUDING, BUT NOT LIMITED TO, THE  AMOUNT  OF  CURRENT
AND FUTURE SAVINGS, THE IMPACT OF SUCH ACTION UPON THE MUNICIPAL PROPER-
TY  TAX LEVY, THE SIZE AND COMPLEXITY OF THE ACTION, AND THE ABILITY FOR
THE ACTION TO BE REPLICATED BY OTHER MUNICIPALITIES. AWARDS  SHALL  ONLY
BE  MADE TO MUNICIPALITIES FOR ACTIONS THAT HAVE BEEN FULLY IMPLEMENTED,
THAT CLEARLY RESULTED IN QUANTIFIABLE SAVINGS AND EFFICIENCIES, AND THAT
PRODUCED PERMANENT AND QUANTIFIABLE IMPROVEMENTS TO MUNICIPAL EFFICIENCY
OR SERVICES. THE MAXIMUM AMOUNT AWARDED PER APPLICATION SHALL NOT EXCEED
THE LESSER OF FIVE MILLION DOLLARS OR TWENTY-FIVE DOLLARS  PER  RESIDENT
OF  THE  APPLYING MUNICIPALITIES AS OF THE MOST RECENT FEDERAL DECENNIAL
CENSUS, PROVIDED, HOWEVER, THAT  IF  THE  BOUNDARIES  OF  MUNICIPALITIES
JOINTLY  APPLYING FOR SUCH FUNDING OVERLAP, THE RESIDENTS IN OVERLAPPING
AREAS SHALL ONLY BE COUNTED ONCE, AND PROVIDED, FURTHER, THAT IF A COUN-
TY JOINTLY APPLIES WITH SOME BUT NOT ALL  OF  THE  OTHER  MUNICIPALITIES
THEREIN, ONLY THE RESIDENTS IN SUCH OTHER MUNICIPALITIES SHALL BE COUNT-
ED.
  (VII)  REGULATION.  THE  SECRETARY OF STATE SHALL, PRIOR TO THE ESTAB-
LISHMENT OF  APPLICATIONS,  PROMULGATE  RULES  AND  REGULATIONS  ON  THE
PROGRAM,  INCLUDING  BUT  NOT  LIMITED TO AWARD ELIGIBILITY CRITERIA AND
APPLICATION, REVIEW AND APPROVAL PROCEDURES.
  S 4. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART L

S. 2807--A                         31                         A. 4007--A

  Section  1. Section 4 of chapter 774 of the laws of 1989, amending the
real property tax law relating to certain state lands subject  to  taxa-
tion is amended to read as follows:
  S  4.  The  agreements  referred to in section three of this act shall
[enure] INURE to the benefit of and bind the people of the state of  New
York  in  the  event that the lands which are the subject of said agree-
ments are acquired by the people of the state of New York acting through
the department of environmental conservation. Upon  any  acquisition  of
such   lands  by  the  department  of  environmental  conservation,  the
provisions of section 532 of the real property tax law shall  not  apply
to the lands so acquired but the [taxation thereof] PAYMENTS DUE THEREON
shall be governed by the agreements referred to in section three of this
act  for  the  duration  of  such  agreement. [The] IN THE EVENT THAT NO
SPECIFIC APPROPRIATION SHALL HAVE BEEN MADE FOR THAT PURPOSE, THE AMOUNT
APPROPRIATED FOR PAYMENTS OF TAXES ON STATE LANDS PURSUANT  TO  SECTIONS
532  THROUGH  546 OF THE REAL PROPERTY TAX LAW SHALL BE DEEMED TO ENCOM-
PASS THE STATE'S OBLIGATION  TO  MAKE  THE  PAYMENTS  REQUIRED  BY  THIS
SECTION,  NOTWITHSTANDING  ANY LAW TO THE CONTRARY, THE taxation of such
lands will be governed by such section 532 at such time  as  the  agree-
ments cease to be effective.
  S 2. This act shall take effect immediately.

                                 PART M

  Section  1.  Section 25 of the state finance law is amended to read as
follows:
  S 25. Reappropriation  bills.    Every  appropriation  reappropriating
moneys  shall set forth clearly the year, chapter and part or section of
the act by which such appropriation was originally made, a brief summary
of the purposes of such original appropriation, and  the  year,  chapter
and  part  or  section  of  the  last  act, if any, reappropriating such
original appropriation or any part thereof, and the amount of such reap-
propriation.
  If it is proposed to change in any detail the purpose  for  which  the
original  appropriation  was made, the bill as submitted by the governor
shall show clearly [any] such change.
  ALL REAPPROPRIATIONS, WITH THE EXCEPTION OF REAPPROPRIATIONS FOR CAPI-
TAL PROJECTS FUNDS AND FEDERAL FUNDS, SHALL LAPSE FIVE YEARS  AFTER  THE
DATE  UPON  WHICH  THE  ORIGINAL APPROPRIATION WOULD LAPSE IN ACCORDANCE
WITH SECTION FORTY OF THIS CHAPTER AND  SECTION  NINETY-NINE-D  OF  THIS
CHAPTER,  AS  ADDED  BY CHAPTER FOUR HUNDRED SEVENTY-FOUR OF THE LAWS OF
NINETEEN HUNDRED NINETY-SIX, AND NO MONIES SHALL  BE  PAID  OUT  OF  THE
STATE  TREASURY  OR  ANY  OF ITS FUNDS OR THE FUNDS UNDER ITS MANAGEMENT
PURSUANT TO SUCH APPROPRIATIONS.
  S 2. This act shall take effect April 1, 2012.

                                 PART N

  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):

S. 2807--A                         32                         A. 4007--A

  a. Local government records management account (01).
  3. Dedicated highway and bridge trust fund (072):
  a. Highway and bridge capital account (01).
  4. State University Residence Hall Rehabilitation Fund (074).
  5. State parks infrastructure trust fund (076):
  a. State parks infrastructure account (01).
  6. Clean water/clean air implementation fund (079).
  7. State lottery fund (160):
  a. Education - New (03).
  b. VLT - Sound basic education fund (06).
  8. Medicaid management information system escrow fund (179).
  9.  Federal  operating  grants  fund (290) federal capital grants fund
291).
  10. Sewage treatment program management and administration fund (300).
  11. Environmental conservation special revenue fund (301):
  a. Hazardous bulk storage account (F7).
  b. Utility environmental regulation account (H4).
  c. Low level radioactive waste siting account (K5).
  d. Recreation account (K6).
  e. Conservationist magazine account (S4).
  f. Environmental regulatory account (S5).
  g. Natural resource account (S6).
  h. Mined land reclamation program account (XB).
  i. Federal grants indirect cost recovery account (IC).
  12. Environmental protection and oil spill compensation fund (303).
  13. Hazardous waste remedial fund (312):
  a. Site investigation and construction account (01).
  b. Hazardous waste remedial clean up account (06).
  14. Mass transportation operating assistance fund (313):
  a. Public transportation systems account (01).
  b. Metropolitan mass transportation (02).
  15. Clean air fund (314):
  a. Operating permit program account (01).
  b. Mobile source account (02).
  16. Centralized services fund (323).
  17. State exposition special fund (325).
  18. Agency enterprise fund (331):
  a. OGS convention center account (55).
  19. Agencies internal service fund (334):
  a. Archives records management account (02).
  b. Federal single audit account (05).
  c. Civil service law: sec 11 admin account (09).
  d. Civil service EHS occupational health program account (10).
  e. Banking services account (12).
  f. Cultural resources survey account (14).
  g. Neighborhood work project (17).
  h. Automation & printing chargeback account (18).
  i. OFT NYT account (20).
  j. Data center account (23).
  k. Human service telecom account (24).
  l. Centralized Technology services account (30).
  m. OPWDD copy center account (26).
  n. Intrusion detection account (27).
  o. Domestic violence grant account (28).
  p. Learning management system account.
  20. Miscellaneous special revenue fund (339):

S. 2807--A                         33                         A. 4007--A

  a. Statewide planning and research cooperative system account (03).
  b. OPWDD provider of service account (05).
  c. New York state thruway authority account (08).
  d. Mental hygiene patient income account (13).
  e. Financial control board account (15).
  f. Regulation of racing account (16).
  g. New York metropolitan transportation council account (17).
  h. Quality of care account (20).
  i. Cyber upgrade account (25).
  j. Certificate of need account (26).
  k. Hospital and nursing home management account (44).
  l. State university dormitory income reimbursable account (47).
  m. Energy research account (60).
  n. Criminal justice improvement account (62).
  o. Fingerprint identification and technology account (68).
  p. Environmental laboratory reference fee account (81).
  q. Clinical laboratory reference system assessment account (90).
  r. Public employment relations board account (93).
  s. Radiological health protection account (95).
  t. Teacher certification account (A4).
  u. Banking department account (A5).
  v. Cable television account (A6).
  w. Indirect cost recovery account (AH).
  x. High school equivalency program account (AI).
  y. Rail safety inspection account (AQ).
  z. Child support revenue account (AX).
  aa. Multi-agency training account (AY).
  bb. Critical infrastructure account (B3).
  cc. Insurance department account (B6).
  dd. Bell jar collection account (BJ).
  ee. Industry and utility service account (BK).
  ff. Real property disposition account (BP).
  gg. Parking account (BQ).
  hh. Asbestos safety training program account (BW).
  ii. Public service account (C3).
  jj. Batavia school for the blind account (D9).
  kk. Investment services account (DC).
  ll. Surplus property account (DE).
  mm. OPWDD day services account (DH).
  nn. Financial oversight account (DI).
  oo. Regulation of indian gaming account (DT).
  pp. Special conservation activities account (CU).
  qq. Interest assessment account (DZ).
  rr. Office of the professions account (E3).
  ss. Rome school for the deaf account (E6).
  tt. Seized assets account (E8).
  uu. Administrative adjudication account (E9).
  vv. Federal salary sharing account (EC).
  ww. New York City Assessment Account (EM).
  xx. Cultural education account (EN).
  yy. Examination and miscellaneous revenue account (ER).
  zz. Transportation regulation account (F1).
  aaa. Local services account (G3).
  bbb. DHCR mortgage servicing account (H2).
  ccc. Department of motor vehicles compulsory insurance account (H7).
  ddd. Housing indirect cost recovery account (HI).

S. 2807--A                         34                         A. 4007--A

  eee. DHCR-HCA application fee account (J5).
  fff. EPIC premium account (J6).
  ggg. Federal gasoline and diesel fuel excise tax account (L6).
  hhh. OTDA income account (L7).
  iii. Low income housing monitoring account (NG).
  jjj. Procurement opportunities newsletter account (P4).
  kkk. Corporation administration account (P6).
  lll. Montrose veteran's home account (Q6).
  mmm. Excelsior capital corporation reimbursement account (R1).
  nnn. Motor fuel quality account (R4).
  ooo. Deferred compensation administration account (R7).
  ppp. Rent revenue other account (RR).
  qqq. Rent revenue account (S8).
  rrr. Tax revenue arrearage account (TR).
  sss. Solid waste management account (W3).
  ttt. Occupational health clinics account (W4).
  uuu. Capacity contracting (XU).
  vvv. Administrative cost recovery -
       tax return preparer registration fee account (Y8).
  www. Sales tax re-registration fee account (YD).
  xxx. Equitable sharing agreement account (YP).
  yyy. Point insurance reduction program account.
  zzz. Internet point insurance reduction program account.
  aaaa. Mental hygiene program fund account (10).
  bbbb. Third party debt collection account.
  cccc. Regulation of manufactured housing account (CM).
  dddd. Business and licensing services account (A6).
  eeee. Consumer protection account (F2).
  21. State university income fund (345):
  a. State university general income offset account (11).
  22. State police and motor vehicle law enforcement fund (354):
  a. State police motor vehicle law enforcement account (02).
  23. Youth facilities improvement fund (357):
  a. Youth facilities improvement account (01).
  24. Highway safety program fund (362):
  a. Highway safety program account (01).
  25. Drinking water program management and administration fund (366):
  a. EFC drinking water program account (01).
  b. DOH drinking water program account (02).
  26. New York city county clerks offset fund (368):
  a. NYCCC operating offset account (01).
  27. Housing assistance fund (374).
  28. Housing program fund (376).
  29. Department of transportation - engineering services fund (380):
  a. Highway facility purpose account (01).
  30. Miscellaneous capital projects fund (387):
  a. Clean air capital account (08).
  b. New York racing account.
  31. Mental hygiene facilities capital improvement fund (389).
  32. Joint labor/management administration fund (394):
  a. Joint labor/management administration fund (01).
  33. Audit and control revolving fund (395):
  a. Executive direction internal audit account (04).
  b. CIO Information technology centralized services account.
  34. Health insurance internal service fund (396):
  a. Health insurance internal service account (00).

S. 2807--A                         35                         A. 4007--A

  b. Civil service employee benefits div admin (01).
  35. Correctional industries revolving fund (397).
  36. Correctional facilities capital improvement fund (399).
  37. HCRA resources fund (061):
  a. EPIC premium account (J6).
  b. Hospital based grants program account (AF).
  c. Child health plus program account (29).
  S 1-a. The state comptroller is hereby authorized and directed to loan
money  in  accordance  with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within  the  following
federal  funds,  provided  the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse  such
loans:
  1. Federal USDA-food nutrition services fund (261).
  2. Federal health and human services fund (265).
  3. Federal education grants fund (267).
  4. Federal block grant fund (269).
  5. Federal operating grants fund (290).
  6. Federal capital projects fund (291).
  7. Federal unemployment insurance administration fund (480).
  8. Federal unemployment insurance occupational training fund (484).
  9. Federal employment and training grants (486).
  S  2.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2012, up to the unencumbered balance or the  follow-
ing amounts:
  Economic Development and Public Authorities:
  1.  $175,000  from the miscellaneous special revenue fund (339) under-
ground facilities safety training account (US), to the general fund.
  2. An amount up to the unencumbered  balance  from  the  miscellaneous
special  revenue  fund  (339),  business  and licensing services account
(AG), to the general fund.
  3. $14,810,000 from the miscellaneous special revenue fund (339), code
enforcement account (07), to the general fund.
  Education:
  1. $2,210,000,000 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. $682,000,000 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. $810,000 from the general fund to the miscellaneous special revenue
fund (339), Batavia school for the blind account (D9).

S. 2807--A                         36                         A. 4007--A

  6.  $1,100,000  from  the  general  fund  to the miscellaneous special
revenue fund (339), Rome school for the deaf account (E6).
  7.  $80,000,000  from the state university dormitory income fund (330)
to the state university residence hall rehabilitation fund (074).
  8. $343,400,000 from the state university dormitory income fund  (330)
to the miscellaneous special revenue fund (339), state university dormi-
tory income reimbursable account (47).
  9.  $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).
  10.  $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).
  11.  $8,318,000  from  the general fund to the state university income
fund (345), state university income offset account (11), for the state's
share of repayment of the STIP loan.
  12. $48,000,000 from the State University  Income  Fund  (345),  State
University  Hospitals  Income  Reimbursable  Account (22) to the general
fund for hospital debt service.
  13. $4,686,000 from the  state  university  income  fund  (345),  Long
Island Veterans' Home Account (09) to the general fund.
  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.  $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.
  3. $3,000,000 from any of the office of parks, recreation and historic
preservation  capital projects federal funds and special revenue federal
funds to the special revenue fund  (339)  federal  grant  indirect  cost
recovery account (Z1).
  4. $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).
  Family Assistance:
  1. $10,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous  special
revenue  fund  (339),  office of human resources development state match
account (2C).
  2. $3,000,000 from any of the office of children and  family  services
or office of temporary and disability assistance special revenue federal
funds  to the miscellaneous special revenue fund (339), family preserva-
tion and support services and family violence services account (GC).
  3. $6,000,000 from any of the office of children and  family  services
special  revenue  federal  funds  to  the  general  fund  for title IV-E
reimbursement of youth facility costs.
  4. $28,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal  funds  and  any  other miscellaneous revenues
generated from the operation of office of children and  family  services
programs  to  the  miscellaneous  special  revenue fund (339), office of
children and family services income account (AR).

S. 2807--A                         37                         A. 4007--A

  5. $10,000,000 from any of the office of children and family  services
or  office  of temporary and disability assistance special revenue funds
or the general fund to the miscellaneous  special  revenue  fund  (339),
connections account (WK).
  6.  $41,000,000  from  any  of  the office of temporary and disability
assistance accounts within the federal health and  human  services  fund
(265) to the general fund.
  7.  $8,300,000  from  any  of  the  office of temporary and disability
assistance accounts within the federal health and  human  services  fund
(265)  to  the  miscellaneous special revenue fund (339), client notices
account (EG).
  8. $98,980,000 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  income  account
(L7).
  9.  $2,500,000  from  any  of  the  office of temporary and disability
assistance or office of children and  family  services  special  revenue
federal funds to the miscellaneous special revenue fund (339), office of
temporary and disability assistance program account (AL).
  10.  $50,000,000  from  any  of  the  office  of  children  and family
services, office of temporary and disability assistance,  department  of
labor,  and  department  of  health special revenue federal funds to the
office of children and family  services  miscellaneous  special  revenue
fund (339), multi-agency training contract account (AY).
  11. $12,524,000 from the office of temporary and disability assistance
federal  health  and  human  services  fund  (265)  to the miscellaneous
special revenue fund (339), child support revenue account (AX).
  12. $6,300,000 from any of the office of children and family services,
office of temporary and disability assistance, department of  labor,  or
department  of  health  special revenue funds to the office of temporary
and disability assistance  miscellaneous  special  revenue  fund  (339),
multi-agency systems development account (MD).
  13.  $9,248,000  from  any  of  the office of temporary and disability
assistance special revenue federal funds, to the  miscellaneous  special
revenue fund (339), OTDA training contract account (48).
  14.  $223,000,000  from  the miscellaneous special revenue fund (339),
youth facility per Diem account (YF), to the general fund.
  15. $10,000,000 from any of the office  of  temporary  and  disability
assistance  special  revenue federal funds, to the miscellaneous special
revenue fund (339), electronic benefit transfer and common benefit iden-
tification card account (GD).
  16. Up to $3,500,000 from the combined  gifts,  grants,  and  bequests
fund (020), WB Hoyt Memorial account (78) to the general fund.
  17.  $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).
  18.  Up  to  $11,922,000  from  the miscellaneous special revenue fund
(339) state central registry (CY) to the general fund.
  General Government:
  1. $1,566,000 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).

S. 2807--A                         38                         A. 4007--A

  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.  $19,260,000  from  the  general  fund to the miscellaneous special
revenue fund (339), alcoholic beverage control account (DB).
  9. $1,500,000 from  the  miscellaneous  special  revenue  fund  (339),
federal liability account (FL), to the general fund.
  10.  $23,000,000  from  the  miscellaneous special revenue fund (339),
revenue arrearage account (CR), to the general fund.
  11. $1,826,000 from  the  miscellaneous  special  revenue  fund  (339)
revenue  arrearage  account  (CR),  to the miscellaneous special revenue
fund (339) authority budget office account.
  12.  Intentionally omitted.
  13. $1,000,000 from the  miscellaneous  special  revenue  fund  (339),
parking  services  account (BQ), to the general fund, for the purpose of
reimbursing the costs of debt service related to state  parking  facili-
ties.
  14.  Up  to  $45,000,000  from  the  general fund to the miscellaneous
special revenue fund (339), statewide financial system account (FM).
  Health:
  1. $12,000,000 from any of the department of  health  accounts  within
the federal health and human services fund (265) to the general fund.
  2.  $139,560,000  from any of the department of health accounts within
the federal health and human services fund (265)  to  the  miscellaneous
special revenue fund (339), quality of care account (20).
  3.  $1,000,000 from the general fund to the combined gifts, grants and
bequests fund (020), breast cancer research and education account  (BD),
an  amount equal to the monies collected and deposited into that account
in the previous fiscal year.
  4. $2,464,000 from any of the department of health accounts within the
federal health and human services fund (265) to the department of health
miscellaneous  special  revenue  fund  (339),  statewide  planning   and
research cooperation system (SPARCS) program account (03).
  5.  $250,000  from  the general fund to the combined gifts, grants and
bequests fund (020), prostate cancer research, detection, and  education
account (PR), an amount equal to the moneys collected and deposited into
that account in the previous fiscal year.
  6.  $500,000  from  the general fund to the combined gifts, grants and
bequests fund (020), Alzheimer's disease research and assistance account
(AA), an amount equal to the moneys collected and  deposited  into  that
account in the previous fiscal year.
  7.  $1,000,000  from  the  miscellaneous  special  revenue fund (339),
administration account (AP), to the general fund.
  8. $600,000,000 from any of the department of health  accounts  within
the  federal  health  and human services fund (265) to the miscellaneous
special revenue fund (339),  federal  state  health  reform  partnership
account (FS).
  9.  $50,000,000  from  the  general  fund to the miscellaneous special
revenue fund (339), empire state stem cell trust fund account (SR).

S. 2807--A                         39                         A. 4007--A

  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).
  12.  $1,500,000  from  the  general  fund to the miscellaneous special
revenue fund (339), quality of care improvement account (QC).
  Labor:
  1. $700,000 from the labor  standards  miscellaneous  special  revenue
fund  (339),  fee  and  penalty  account  (30),  to  the child performer
protection fund (025), child performer protection account (CP).
  2. $8,000,000 from the labor standards miscellaneous  special  revenue
fund (339), fee and penalty account (30), to the general fund.
  3.  $10,500,000  from  the unemployment insurance interest and penalty
special revenue fund (482), unemployment insurance special interest  and
penalty account (01), to the general fund.
  4.  $2,700,000  from the labor standards miscellaneous special revenue
fund (339), public work enforcement account (BA), to the general fund.
  5. $1,500,000 from the training and education program on  occupational
safety  and health fund (305), occupational safety and health inspection
account (02), to the general fund.
  Mental Hygiene:
  1. $5,000,000 from  the  miscellaneous  special  revenue  fund  (339),
mental hygiene patient income account (13), to the miscellaneous special
revenue fund (339), federal salary sharing account (EC).
  2.  $240,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene patient income account (13) to the miscellaneous  special
revenue fund (339), provider of service accounts (05).
  3.  $220,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to  the  miscellaneous  special
revenue fund (339), provider of service account (05).
  4.  $150,000,000  from  the  general fund to the miscellaneous special
revenue fund (339), mental hygiene patient income account (13).
  5. $150,000,000 from the general fund  to  the  miscellaneous  special
revenue fund (339), mental hygiene program fund account (10).
  6.  $275,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to the general fund.
  7. $180,000,000 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. $9,500,000 from the general fund  to  the  correctional  industries
revolving  fund  (397), correctional industries internal service account
(00).
  4. $8,678,000 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).
  5. $10,000,000 from federal miscellaneous operating grants fund (290),
DMNA damage account (71), to the general fund.

S. 2807--A                         40                         A. 4007--A

  6.  $16,000,000  from  the  general  fund to the miscellaneous special
revenue fund (339), crimes against revenue program account (CA).
  7. $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.
  8. $11,500,000 from the federal miscellaneous  operating  grants  fund
(290) world trade center account, to the general fund.
  9. $22,100,000 from the miscellaneous special revenue fund (339) crim-
inal justice improvement account (62) to the general fund.
  10.  $20,000,000  from  the  miscellaneous special revenue fund (339),
statewide public safety communications  account  (LZ),  to  the  general
fund.
  11. $4,000,000 from the miscellaneous special revenue fund (339) crim-
inal  justice  improvement  account  (62)  to  the miscellaneous special
revenue fund (339) legal services assistance account (IM).
  12. $660,000 from the miscellaneous special revenue fund  (339),  cell
tower account (CT), 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. $15,368,000 from the  miscellaneous  special  revenue  fund  (339),
compulsory insurance account (H7), to the general fund.
  4.  $19,000,000 from the general fund to the mass transportation oper-
ating assistance fund (313),  public  transportation  systems  operating
assistance account (01).
  5.  $575,000,000  from  the  general fund to the dedicated highway and
bridge trust fund (072).
  6. $606,000 from the miscellaneous special revenue fund (339),  inter-
net point insurance reduction program account (IC), to the general fund.
  7.  $2,935,000  from  the  clean air fund (314), mobile source account
(02), to the general fund.
  8. $5,000 from the miscellaneous special revenue fund (339),  motorcy-
cle safety account (AE), to the general fund.
  9. $165,000,000 from the mass transportation operating assistance fund
(313),  metropolitan  mass  transportation  operating assistance account
(02), to the general debt service fund (311), for reimbursement  of  the
state's expenses in connection with payments of debt service and related
expenses  for  the metropolitan transportation authority's state service
contract bonds.
  10. $16,721,000 from the mass transportation operating assistance fund
(313), metropolitan mass  transportation  operating  assistance  account
(02)  to  the mass transportation operating assistance fund (313) public
transportation systems operating assistance account (01).
  11. $35,008,000 from the mass transportation operating assistance fund
(313), metropolitan mass  transportation  operating  assistance  account
(02) to the general fund.
  Miscellaneous:
  1.  $75,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
  2. $250,000,000 from the general fund to the  debt  reduction  reserve
fund (064).

S. 2807--A                         41                         A. 4007--A

  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, 2012:
  1.  Upon request of the commissioner of environmental conservation, up
to $10,777,000 from revenues credited to any of the department of  envi-
ronmental  conservation special revenue funds, including $3,142,800 from
the environmental protection and oil spill compensation fund (303),  and
$1,742,600  from  the  conservation  fund  (302),  to  the environmental
conservation special revenue fund (301), indirect charges account (BJ).
  2. Upon request of the commissioner of agriculture and markets, up  to
$3,000,000  from  any special revenue fund or enterprise fund within the
department of agriculture  and  markets  to  the  miscellaneous  special
revenue  fund  (339)  administrative  costs  account, to pay appropriate
administrative expenses.
  3. Upon request of the commissioner of agriculture and markets, up  to
$2,000,000  from  the  state  exposition  special fund (325), state fair
receipts account (01) to the miscellaneous capital projects fund  (387),
state fair capital improvement account (13).
  4.  Upon  request  of  the commissioner of the division of housing and
community renewal, up to $5,500,000 from revenues credited to any  divi-
sion  of  housing and community renewal federal or miscellaneous special
revenue fund to the agency cost recovery account (HI).
  5. Upon request of the commissioner of the  division  of  housing  and
community  renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue fund account (339), to any miscellaneous special
revenue fund (339).
  6. Upon request of the commissioner of health up to  $15,000,000  from
revenues  credited  to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund  (339),  administration
account (AP).
  S  4.  Notwithstanding  section  2815  of the public health law or any
other contrary provision of law, upon the direction of the  director  of
the  budget  and  the commissioner of health, the dormitory authority of
the state of New York is directed  to  transfer  seven  million  dollars
annually  from  funds  available  and  uncommitted in the New York state
health care restructuring pool to the  health  care  reform  act  (HCRA)
resources fund - HCRA resources account.
  S  5.  On  or before March 31, 2012, the comptroller is authorized and
directed to transfer the unencumbered balance from  the  family  benefit
fund (329) to the general fund.
  S 6. On or before March 31, 2012, the comptroller is hereby authorized
and  directed  to  deposit  earnings  that would otherwise accrue to the
general fund that are attributable to the operation of section  98-a  of
the  state  finance  law,  to  the agencies internal service fund (334),
banking services  account  (12),  for  the  purpose  of  meeting  direct
payments from such account.
  S  7.  Notwithstanding  any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state  university
of  New  York,  the  dormitory  authority  of  the  state of New York is
directed to transfer, up to $22,000,000 in revenues generated  from  the
sale  of  notes  or  bonds,  to  the  state  university  of New York for
reimbursement of bondable equipment for further transfer to the  state's
general fund.
  S  8.  Notwithstanding  any  law to the contrary, the state university
chancellor or her designee is authorized and directed to transfer  esti-
mated tuition revenue balances from the state university collection fund

S. 2807--A                         42                         A. 4007--A

(344)  to  the  state  university  fund  (345), state university revenue
offset account (12) on or before March 31, 2012.
  S  9.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university  chancel-
lor  or her designee, up to $50,000,000 from the state university income
fund (345), state university hospitals income reimbursable account (22),
for 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, 2012.
  S 10. 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 fund for
payment of debt service related to the SUNY hospitals.   Notwithstanding
any  law  to the contrary, the comptroller is also hereby authorized and
directed, after consultation with the state university chancellor or his
or her designee, to transfer moneys from  the  state  university  income
fund  (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 fund
for payment of debt service related to the SUNY hospitals on  or  before
March 31, 2012.
  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, 2012, 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 (10) or the general fund  in  any  combina-
tion, the aggregate of which shall not exceed $350 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 $500 million from the unencumbered balance of any special revenue
fund or account, or combination of funds and accounts,  to  the  general
fund. The amounts transferred pursuant to this authorization shall be in
addition  to  any  other  transfers  expressly authorized in the 2011-12
budget. Transfers  from  federal  funds,  debt  service  funds,  capital
projects  funds, or the community projects fund are not permitted pursu-
ant to this authorization. The director of the budget shall notify  both
houses  of  the  legislature  in  writing  prior to initiating transfers
pursuant to this authorization.

S. 2807--A                         43                         A. 4007--A

  S 13. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, at the request of the director of the budget,
up to $75 million from the unencumbered balance of any non-general  fund
or  account,  or combination of funds and accounts, to the general fund.
The amounts transferred pursuant to this authorization shall be equal to
those savings achieved in such non-general funds as a  result  of  work-
force  savings  actions  and  are  in  addition  to  any other transfers
expressly authorized. Transfers from federal  funds  are  not  permitted
pursuant  to this authorization. The director of the budget shall notify
both houses of the legislature in writing prior to initiating  transfers
pursuant to this authorization.
  S  14. Notwithstanding any provision of law to the contrary, the power
authority of the state of New York, as deemed feasible and advisable  by
its  trustees,  is authorized and directed to make a contribution to the
state treasury to the credit of  the  general  fund  in  the  amount  of
$100,000,000  for  the  fiscal  year commencing April 1, 2011. The power
authority of  the  state  of  New  York  will  transfer  not  less  than
$40,000,000  by  June  30,  2011  and will transfer the remainder, up to
$60,000,000, by January 31, 2012.
  S 14-a.  In addition to any payment made by a  public  benefit  corpo-
ration  pursuant  to  an assessment imposed under sections 2975, 2975-a,
2976 and 2976-a of the public authorities law, a public  benefit  corpo-
ration is authorized to make voluntary contributions to the state gener-
al  fund  for  any  lawful  purpose  at any time from any public benefit
corporation funds in such amounts as deemed to be feasible and advisable
by such public benefit corporation's governing board after due consider-
ation of the public benefit  corporation's  legal  and  financial  obli-
gations.    Notwithstanding  any  other  law, the payment of a voluntary
payment pursuant to this subdivision is deemed to be a valid and  proper
purpose  for  which  available  funds may be applied. Voluntary contrib-
utions made pursuant to this subdivision shall be payable to  the  state
treasury to the credit of the general fund.
  S 15.  Intentionally omitted.
  S  16.  Subdivision  5  of section 97-rrr of the state finance law, as
amended by section 15 of part JJ of chapter 56 of the laws of  2010,  is
amended to read as follows:
  5. Notwithstanding the provisions of section one hundred seventy-one-a
of  the  tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred  eight-
y-one, or any other provisions of law to the contrary, during the fiscal
year  beginning  April first, two thousand ten, the state comptroller is
hereby authorized and directed to deposit to the fund  created  pursuant
to this section from amounts collected pursuant to article twenty-two of
the  tax law and pursuant to a schedule submitted by the director of the
budget, up to [$3,308,000,000] $3,292,520,000, as may  be  certified  in
such  schedule  as  necessary  to meet the purposes of such fund for the
fiscal year beginning April first, two thousand [ten] ELEVEN.
  S 17. Subdivision (b) of section 19-a of part PP of chapter 56 of  the
laws of 2009, providing funding for certain community projects, relating
to increasing such funding, is REPEALED.
  S  18.  The  comptroller  is authorized and directed to deposit to the
general fund-state purposes account reimbursements from moneys appropri-
ated or reappropriated to the correctional facilities  capital  improve-
ment  fund (399) by a chapter of the laws of 2011.  Reimbursements shall
be available for spending from appropriations made to the department  of

S. 2807--A                         44                         A. 4007--A

correctional  services  in  the general fund-state purposes account by a
chapter of the laws of 2011 for costs associated with the administration
and security of capital projects and for other costs which are attribut-
able, according to a plan, to such capital projects.
  S  19.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $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  20.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed to  deposit,
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,365,000 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 21. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit

S. 2807--A                         45                         A. 4007--A

to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $30,174,000 authorized by chapter
55  of  the laws of 2003 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  or  other  financing  source for a capital appropriation of
$19,500,000 authorized by chapter 50 of the laws of 2003 to  the  office
of general services for payment of capital construction costs for the 51
Elk  street  parking  garage  building  located  in  the city of Albany,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development  corporation for disbursements of up to $10,000,000 from any
capital appropriation or reappropriation authorized by chapter 50 of the
laws of 2003 to the office of general  services  for  various  purposes,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $13,250,000
authorized  by chapter 55 of the laws of 2003 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the dormitory authority for disbursements of up to $16,400,000 from  any
capital appropriation or reappropriation authorized by chapter 51 of the
laws of 2003 to the judiciary for courthouse improvements, reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation for disbursements of up to $10,000,000  from  appropriations
or  reappropriations authorized by chapter 50 of the laws of 2003 to any
agency for costs related to homeland security,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $10,000,000 authorized by chapter
55 of the laws of 2003 to the department of  environmental  conservation
for  Onondaga  lake,  reimbursement  from the proceeds of notes or bonds
issued by the environmental facilities corporation for disbursements  of
up  to  $11,000,000  from any capital appropriations or reappropriations
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  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 $28,893,000 authorized by chapter
55 of the laws of 2004 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $10,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2004  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $11,350,000
authorized by chapter 55 of the laws of 2004 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by

S. 2807--A                         46                         A. 4007--A

the environmental facilities corporation, for a capital appropriation of
$10,000,000  authorized by chapter 55 of the laws of 2004 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $11,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2004 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by  the  dormitory  authority  for  a  capital  appropriation  of
$80,000,000  authorized  by chapter 53 of the laws of 2004 to the educa-
tion  department  for  capital  transition  grants  for  transportation,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  for a capital appropriation of $243,000,000 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 $290,000,000 authorized by chapter 3 of
the laws of 2004 for the New York state economic development program.
  S 23. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,602,000 authorized by chapter
55 of the laws of 2005 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $10,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2005  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $11,350,000
authorized by chapter 55 of the laws of 2005 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2005 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $11,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2005 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by the urban development corporation for a capital  appropriation
of  $350,000,000  authorized  by  chapter 55 of the laws of 2005 for the
Javits center, reimbursement from the proceeds of notes or bonds  issued
by  the  dormitory  authority for a capital appropriation of $88,344,000
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 $176,661,000 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

S. 2807--A                         47                         A. 4007--A

development corporation  for  a  capital  appropriation  of  $48,517,000
authorized  by  chapter  162  of the laws of 2005 for the New York state
economic development program, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $150,000,000 authorized by chapter 62 of  the  laws  of
2005  for  the  higher  education  facilities  capital  matching  grants
program, reimbursement from the proceeds of notes or bonds issued by the
dormitory authority or other financing source for  a  capital  appropri-
ation  of $4,000,000 authorized by chapter 50 of the laws of 2005 to the
office of general services for payment of capital construction costs for
the Elk street parking garage building located in the  city  of  Albany,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation  for  a  capital  appropriation  of  $15,000,000
authorized  by  chapter  53  of  the laws of 2005 to the state education
department for payment of capital construction costs for  public  broad-
casting  facilities,  reimbursement  from the proceeds of notes or bonds
issued by the urban development corporation for a capital  appropriation
of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-
sion of state police for public protection facilities, and reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation for capital disbursements of up to $3,000,000 from any capi-
tal appropriation or reappropriation authorized by  chapter  50  of  the
laws  of  2005 to the division of military and naval affairs for various
purposes.
  S 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 $29,600,000 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

S. 2807--A                         48                         A. 4007--A

division of state police for public protection facilities, reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation  for  a  capital appropriation of $117,000,000 authorized by
chapter 50 of the laws of 2006 to all state departments and agencies for
the  purchase  of equipment, reimbursement from the proceeds of notes or
bonds issued by the dormitory authority or the urban development  corpo-
ration  for  all  or a portion of capital appropriations of $603,050,000
authorized by chapter 108 of the laws of 2006 to the  urban  development
corporation  for economic development/other projects, reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration for a capital appropriation of $269,500,000 authorized by chapter
108 of the laws of 2006 to the dormitory authority or the urban develop-
ment  corporation  for economic development projects, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority or  the
urban   development   corporation   for   a   capital  appropriation  of
$201,500,000 authorized by chapter 108 of the laws of 2006 to the  urban
development  corporation for university development projects, reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity or for a capital appropriation of $143,000,000 authorized by chapter
108 of the laws  of  2006  to  the  urban  development  corporation  for
cultural  facilities  projects, reimbursement from the proceeds of notes
or bonds issued by the dormitory  authority  or  the  urban  development
corporation  for  capital appropriations totaling $60,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development  corporation
for  energy/environmental  projects,  reimbursement from the proceeds of
notes or bonds issued by the dormitory authority or the  urban  develop-
ment  corporation  for a capital appropriation of $20,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development  corporation
for  a  competitive  solicitation for construction of a pilot cellulosic
ethanol refinery, reimbursement from the  proceeds  of  notes  or  bonds
issued  by the urban development corporation for a capital appropriation
of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
development corporation for services and expenses related to infrastruc-
ture for a new stadium in Queens  county,  and  reimbursement  from  the
proceeds  of  notes or bonds issued by the urban development corporation
for a capital appropriation of $74,700,000 authorized by chapter  55  of
the  laws  of 2006 to the urban development corporation for services and
expenses related to infrastructure improvements to construct a new park-
ing facility at a new stadium in Bronx county,  reimbursement  from  the
proceeds  of  notes  and  bonds  issued  by the environmental facilities
corporation for a capital  appropriation  of  $5,000,000  authorized  by
chapter  55  of  the laws of 2006 to the environmental facilities corpo-
ration for payment for the pipeline for jobs program, reimbursement from
the proceeds of notes or bonds issued by  the  dormitory  authority  for
capital  disbursements  of  up to $14,000,000 from any capital appropri-
ation or reappropriation authorized by chapter 53 of the  laws  of  2006
for the library construction purpose, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory  authority for an appropriation of $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 dormi-
tory authority for an appropriation of $25,000,000 authorized by chapter

S. 2807--A                         49                         A. 4007--A

53 of the laws of 2006 for the town of Smithtown/Kings Park  psychiatric
center rehabilitation, reimbursement from the proceeds of notes or bonds
issued  by  the urban development corporation or the dormitory authority
for an appropriation of $5,000,000 authorized by chapter 108 of the laws
of  2006 for a state of New York umbilical cord bank, reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration  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 Cornell equine drug testing laboratory, reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration  or  the  dormitory  authority for an appropriation of $2,000,000
authorized by chapter 53 of the laws of 2006  for  a  Fredonia  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 develop-
ment corporation for an appropriation of $40,000,000 authorized by chap-
ter 108 of the laws of 2006 for a food testing laboratory, 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  semi-
conductor  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 develop-
ment activities of a semiconductor manufacturer, and reimbursement  from
the  proceeds  of  notes or bonds issued by the urban development corpo-
ration for capital disbursements of up to $300,000,000 from an appropri-
ation to the urban development corporation authorized by chapter 108  of
the laws of 2006 for community revitalization projects.
  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 $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

S. 2807--A                         50                         A. 4007--A

the environmental facilities corporation for a capital appropriation  of
$10,000,000  authorized by chapter 55 of the laws of 2007 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $12,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2007 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000  from  any  capital  appropriation  or  reappropriation
authorized by chapter 50 of the laws of 2007 to the division of military
and  naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds  issued  by  the  urban  development  corporation  for
disbursements  from a capital appropriation of $50,000,000 authorized by
chapter 50 of the laws of 2007 to  the  division  of  state  police  for
construction  of  a Troop G facility, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for disburse-
ments from a capital appropriation of $6,000,000 authorized  by  chapter
50  of the laws of 2007 to the division of state police for construction
of evidence storage facilities, reimbursement from the proceeds of notes
or bonds issued by the dormitory  authority  or  the  urban  development
corporation  for  capital appropriations 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 appropriation or reappropriation authorized
by  chapter  53 of the laws of 2007 for library construction, reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity for capital disbursements of up  to  $60,000,000  from  any  capital
appropriation or reappropriation authorized 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 appro-
priation or reappropriation authorized by chapter 55 of the laws of 2007
forRoosevelt Island Operating Corporation aerial tramway,  reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation for capital disbursements of  up  to  $20,000,000  from  any
capital appropriation or reappropriation 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  Harri-
man  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 appropriations authorized by chapter 50 of the  laws  of
2007  made  to  the  office  of  general services for legislative office
building hearing rooms.

S. 2807--A                         51                         A. 4007--A

  S 26. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2008 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of  $141,000,000  authorized  by
chapter 50 of the laws of 2008 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds  of  notes or bonds issued by the urban development corporation
for disbursements of up to $45,500,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the  laws  of  2008  to  the
office  of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $13,500,000 authorized by  chapter
55  of the laws of 2008 to the energy research and development authority
for the  Western  New  York  Nuclear  Service  Center  at  West  Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized  by chapter 55 of the laws of 2008 to the department of envi-
ronmental  conservation  for  Onondaga  lake,  reimbursement  from   the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations  or reappropriations authorized by chapter 55 of the laws of 2008
to  the  department  of  environmental  conservation  for  environmental
purposes,  reimbursement  from  the proceeds of notes or bonds issued by
the urban development corporation for capital  disbursements  of  up  to
$3,000,000  from any capital appropriation or reappropriation authorized
by chapter 50 of the laws of 2008 to the division of military and  naval
affairs  for  various purposes, reimbursement from the proceeds of notes
or bonds issued by the  urban  development  corporation  for  a  capital
appropriation of $2,500,000 authorized by chapter 50 of the laws of 2008
to  the  office  for  technology  for  activities  related  to broadband
service, reimbursement from the proceeds of notes or bonds issued by the
urban development corporation for a capital appropriation of  $6,000,000
authorized  by  chapter  50 of the laws of 2008 to the division of state
police for rehabilitation of facilities, reimbursement from the proceeds
of notes or bonds issued by the dormitory authority of the state of  New
York or other financing source for a capital appropriation authorized by
chapter  53  of the laws of 2008 of $14,000,000 to the education depart-
ment for library construction, reimbursement from the proceeds of  notes
or  bonds  issued by the dormitory authority of the state of New York or
other financing source for a capital appropriation authorized by chapter
53 of the laws of 2008 of $15,000,000 to the  education  department  for
museum  renewal  projects,  reimbursement  from the proceeds of notes or
bonds issued by the urban development corporation for capital  appropri-
ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the
urban  development  corporation for services and expenses related to the
investment opportunity fund, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital  appropri-
ation of $28,000,000 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

S. 2807--A                         52                         A. 4007--A

issued by the urban development corporation for a capital  appropriation
of $32,148,000 authorized by chapter 53 of the laws of 2008 for economic
and  community  development projects, reimbursement from the proceeds of
bonds or notes issued by the urban development corporation for a capital
appropriation  of  $30,000,000  authorized  by chapter 53 of the laws of
2008 for New York city waterfront  development  projects,  reimbursement
from  the  proceeds  of  bonds  or notes issued by the urban development
corporation for a capital appropriation  of  $45,000,000  authorized  by
chapter  53  of  the  laws  of  2008  for  Luther  Forest infrastructure
projects, reimbursement from the proceeds of notes or  bonds  issued  by
the   urban   development   corporation  for  capital  appropriation  of
$35,000,000 authorized by chapter 53 of the laws of 2008  to  the  urban
development  corporation  for services and expenses related to downstate
regional projects, reimbursement from the proceeds  of  notes  or  bonds
issued by the urban development corporation for capital appropriation of
$137,037,000  authorized  by chapter 53 of the laws of 2008 to the urban
development corporation for services and  expenses  related  to  upstate
city-by-city projects, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$35,000,000  authorized  by  chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related to  the  down-
state  revitalization projects, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital  appro-
priation of $117,265,000 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 $25,000,000 authorized by chapter 53  of  the  laws  of
2008  to  the  urban  development  corporation for services and expenses
related  to  the  upstate  agricultural   economic   development   fund,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development  corporation  for  capital  appropriation  of   $350,000,000
authorized  by  chapter  53 of the laws of 2008 to the urban development
corporation for services and expenses related  to  the  New  York  state
capital  assistance program, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital  appropri-
ation  of  $341,332,000  authorized by chapter 53 of the laws of 2008 to
the urban development corporation for services and expenses  related  to
the   New  York  state  economic  development  assistance  program,  and
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development corporation for capital appropriation of $20,000,000 author-
ized  by  chapter 55 of the laws of 2008 to the urban development corpo-
ration for services and expenses related to the  empire  state  economic
development fund.
  S  27.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by  chapter
55  of  the laws of 2009 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  a  capital appropriation of $129,800,000 authorized by
chapter 50 of the laws of 2009 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the

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proceeds of notes or bonds issued by the urban  development  corporation
for disbursements of up to $24,000,000 from any capital appropriation or
reappropriation  authorized  by  chapter  50  of the laws of 2009 to the
office  of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $13,500,000 authorized by  chapter
55  of the laws of 2009 to the energy research and development authority
for the  Western  New  York  Nuclear  Service  Center  at  West  Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized  by chapter 55 of the laws of 2009 to the department of envi-
ronmental  conservation  for  Onondaga  lake,  reimbursement  from   the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations  or reappropriations authorized by chapter 55 of the laws of 2009
to  the  department  of  environmental  conservation  for  environmental
purposes,  reimbursement  from  the proceeds of notes or bonds issued by
the urban development corporation for capital  disbursements  of  up  to
$3,000,000  from any capital appropriation or reappropriation authorized
by chapter 50 of the laws of 2009 to the division of military and  naval
affairs  for  various purposes, reimbursement from the proceeds of notes
or bonds issued by the  urban  development  corporation  for  a  capital
appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009
to  the  division  of  state  police  for  rehabilitation of facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing  source  for  a
capital  appropriation  authorized  by chapter 53 of the laws of 2009 of
$14,000,000 to the state education department for library  construction,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  of  the state of New York or other financing source for a
capital appropriation of $4,000,000 to the  state  education  department
for  rehabilitation  associated  with  the  St.  Regis Mohawk elementary
school authorized by chapter 53 of the laws of  2009  and  reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation for capital appropriation of $25,000,000 authorized by chap-
ter 55 of the laws of 2009 to  the  urban  development  corporation  for
services  and  expenses related to the empire state economic development
fund.
  S 28. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2010 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of  $187,285,000  authorized  by
chapter 50 of the laws of 2010 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds  of  notes or bonds issued by the urban development corporation
for disbursements of up to $26,950,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the  laws  of  2010  to  the
office  of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $5,000,000 authorized  by  chapter

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55  of  the laws of 2010 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  $12,000,000  from any capital appropriations or reappropriations
authorized by chapter 55 of the laws of 2010 to the department of  envi-
ronmental  conservation  for  environmental purposes, reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration  for  capital  disbursements of up to $3,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2010 to the division of military and naval affairs for various purposes,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development  corporation  for  a  capital  appropriation  of  $6,000,000
authorized by chapter 50 of the laws of 2010 to the  division  of  state
police for rehabilitation of facilities, reimbursement from the proceeds
of  notes or bonds issued by the dormitory authority of the state of New
York  or  other  financing  source  for  a  capital   appropriation   of
$14,000,000  authorized  by  chapter 53 of the laws of 2010 to the state
education department for library construction, reimbursements  from  the
proceeds  of  notes  or  bonds  issued by the dormitory authority of the
state of New York or other financing source for a capital  appropriation
of  $20,400,000  authorized  by  chapter  100 of the laws of 2010 to the
state  education  department  for  the  longitudinal  data  system   and
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  of  the state of New York or other financing source for a
capital appropriation of $42,000,000  for  the  state  preparedness  and
training center.
  S  29.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $35,000,000 authorized by a  chap-
ter  of the laws of 2011 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 $92,751,000 authorized by a
chapter of the laws of 2011 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 $40,000,000 from any capital appropriation or
reappropriation authorized by a chapter of  the  laws  of  2011  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 disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by a chapter of the laws  of  2011
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 2011 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  2011
to  the  division  of  state  police  for  rehabilitation of facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing  source  for  a

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capital appropriation of $14,000,000 authorized by a chapter of the laws
of  2011  to  the  state  education department for library construction,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development   corporation  for  capital  appropriation  of  $130,550,000
authorized by a chapter of the laws of 2011  to  the  urban  development
corporation  for  services and expenses related to the regional economic
development council initiative, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital  appro-
priation  of $100,000,000 authorized by a chapter of the laws of 2011 to
the urban development corporation for services and expenses  related  to
the economic transformation program.
  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 state university residence hall rehabilitation fund
(074),  reimbursement  from the proceeds of notes or bonds issued by the
dormitory authority of the state of New York for  capital  disbursements
of  up to $331,000,000 from any appropriation or reappropriation author-
ized by a chapter of the laws of 2011.
  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 dormitory authority and urban
development corporation for disbursements of up to  $8,000,000  from  an
appropriation  authorized  by  chapter  50  of the laws of 2009 for drug
courts.
  S 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
chapter 53 of the laws of 2009 to the city university of  New  York  for
various 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
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, 2011, 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.

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  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.  Subdivision  8  of  section  68-b of the state finance law, as
amended by chapter 79 of the  laws  of  2010,  is  amended  to  read  as
follows:
  8.  Revenue  bonds  may  only  be  issued  for authorized purposes, as
defined in section sixty-eight-a of this  article.  Notwithstanding  the
foregoing,  the  dormitory  authority  of  the state of New York and the
urban development corporation may issue revenue bonds for any authorized
purpose of any other such authorized issuer [through March thirty-first,
two thousand eleven]. The authorized issuers shall not issue any revenue
bonds in an amount  in  excess  of  statutory  authorizations  for  such
authorized  purposes.  Authorizations for such authorized purposes shall
be reduced in an amount equal to the amount of revenue bonds issued  for
such authorized purposes under this article. Such reduction shall not be
made  in relation to revenue bonds issued to fund reserve funds, if any,
and costs of issuance, if these items are  not  counted  under  existing
authorizations,  nor  shall  revenue bonds issued to refund bonds issued
under existing authorizations reduce the amount of such authorizations.
  S 36. Subdivision 2 of section 68-a  of  the  state  finance  law,  as
amended  by  chapter  79  of  the  laws  of  2010, 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

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has  been  issued  except  debt  for which the state is constitutionally
obligated thereunder to pay  debt  service  and  related  expenses,  and
except  (a) as authorized in paragraph (b) of subdivision one of section
three  hundred eighty-five of the public authorities law, (b) as author-
ized for the department of health of the state of New York facilities as
specified in paragraph a of subdivision two of section  sixteen  hundred
eighty  of  the public authorities law, (c) state university of New York
dormitory facilities  as  specified  in  subdivision  eight  of  section
sixteen  hundred seventy-eight of the public authorities law, and (d) as
authorized for mental health services facilities by  section  nine-a  of
section  one of chapter three hundred ninety-two of the laws of nineteen
hundred seventy-three constituting  the  New  York  state  medical  care
facilities  financing  act. Notwithstanding the provisions of clause (d)
of this subdivision, for the  period  April  first,  two  thousand  nine
through  March thirty-first, two thousand [eleven] TWELVE, mental health
services facilities, as authorized by section nine-a of section  one  of
chapter  three hundred ninety-two of the laws of nineteen hundred seven-
ty-three constituting the New York state medical care facilities financ-
ing act, shall constitute an authorized purpose.
  S 37. Section 51 of part RR of chapter 57 of the laws of 2008, provid-
ing for the administration of certain funds and accounts related to  the
2008-2009  budget,  as  amended  by  chapter  48 of the laws of 2010, 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, 2011;] and provided,
further,  however,  that sections one, three, four, and eighteen through
twenty-seven of this act shall expire March 31, 2009 when upon such date
the provisions of such sections shall be deemed repealed;  and  provided
further  that  section  fourteen of this act shall expire March 31, 2011
when upon such date the provisions  of  such  section  shall  be  deemed
repealed.
  S  38.  Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 48 of part JJ of chapter 56 of the laws  of  2010,
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  nine  hundred  [three] FIFTEEN million seven hundred
forty-seven thousand dollars, exclusive of bonds issued to fund any debt
service reserve funds, pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise  repay  bonds  or  notes  previously
issued.   Such bonds and notes of the corporation shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they  be
payable  out  of any funds other than those appropriated by the state to
the corporation for debt service and related expenses  pursuant  to  any
service  contracts executed pursuant to subdivision one of this section,
and such bonds and notes shall contain on the face thereof  a  statement
to such effect.

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  S  39.  Subdivision  (a)  of section 28 of part Y of chapter 61 of the
laws of 2005, providing for the  administration  of  certain  funds  and
accounts  related  to  the 2005-2006 budget, as amended by section 49 of
part JJ of chapter 56 of the  laws  of  2010,  is  amended  to  read  as
follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law  to  the  contrary,  one  or  more
authorized  issuers  as defined by section 68-a of the state finance law
are hereby authorized to issue bonds or notes in one or more  series  in
an  aggregate  principal amount not to exceed [$18,000,000] $21,000,000,
excluding bonds issued to finance  one  or  more  debt  service  reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to  refund or otherwise repay such bonds or notes previously issued, for
the purpose of financing capital projects for public protection  facili-
ties  in  the  Division  of Military and Naval Affairs, debt service and
leases; and to reimburse the state general fund for  disbursements  made
therefor.  Such bonds and notes of such authorized issuer shall not be a
debt of the state, and the state shall not be liable thereon, nor  shall
they  be  payable  out of any funds other than those appropriated by the
state to such authorized issuer for debt service  and  related  expenses
pursuant to any service contract executed pursuant to subdivision (b) of
this  section and such bonds and notes shall contain on the face thereof
a statement to such effect. Except for purposes of  complying  with  the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
  S  40.  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 50 of
part JJ of chapter 56 of the  laws  of  2010,  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  $67,000,000  excluding  bonds  issued  to  fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes  previ-
ously  issued,  for  the  purpose  of financing capital costs related to
homeland security and training facilities  for  the  division  of  state
police,  the division of military and naval affairs, and any other state
agency, including the reimbursement of any disbursements made  from  the
state  capital projects fund, and is hereby authorized to issue bonds or
notes in one or more series in an  aggregate  principal  amount  not  to
exceed  [$165,800,000]  $205,800,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs  of  issuance  of  such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing improvements to
State office buildings and other facilities located statewide, including
the  reimbursement  of  any  disbursements  made  from the state capital
projects fund. Such bonds and notes of the corporation shall  not  be  a
debt  of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those  appropriated  by  the
state  to the corporation for debt service and related expenses pursuant
to any service contracts executed pursuant to subdivision  (b)  of  this
section,  and  such  bonds and notes shall contain on the face thereof a
statement to such effect.

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  S 41. Subdivision 4 of section 66-b  of  the  state  finance  law,  as
amended  by  section 51 of part JJ of chapter 56 of the laws of 2010, 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  seven  hundred
[fifty-one]   EIGHTY-FOUR   million  two  hundred  eighty-five  thousand
dollars. Such amount shall be exclusive of certificates of participation
or similar instruments issued to fund a reserve fund or funds, costs  of
issuance and to refund outstanding certificates of participation.
  S 42. 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  52  of part JJ of chapter 56 of the laws of 2010, 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 six billion [one] FOUR  hundred
[sixty-four]  NINETY  million [sixty-nine] FOUR HUNDRED SIXTY-NINE thou-
sand dollars [$6,164,069,000]  $6,490,469,000,  and  shall  include  all
bonds,  notes and other obligations issued pursuant to chapter 56 of the
laws of 1983, as amended or supplemented. The proceeds  of  such  bonds,
notes  or  other  obligations shall be paid to the state, for deposit in
the correctional facilities capital improvement fund to pay for  all  or
any  portion  of  the amount or amounts paid by the state from appropri-
ations or reappropriations  made  to  the  department  [of  correctional
services] OF CORRECTIONS AND COMMUNITY SUPERVISION from the correctional
facilities  capital improvement fund for capital projects. The aggregate
amount of bonds, notes or other  obligations  authorized  to  be  issued
pursuant to this section shall exclude bonds, notes or other obligations
issued  to  refund  or otherwise repay bonds, notes or other obligations
theretofore issued, the proceeds of which were paid to the state for all
or a portion of the amounts expended by the state from appropriations or
reappropriations made  to  the  department  of  [correctional  services]
CORRECTIONS  AND COMMUNITY SUPERVISION; provided, however, that upon any
such refunding or repayment the  total  aggregate  principal  amount  of
outstanding  bonds,  notes  or other obligations may be greater than six
billion [one] FOUR hundred [sixty-four] NINETY million [sixty-nine] FOUR
HUNDRED SIXTY-NINE  thousand  dollars  [$6,164,069,000]  $6,490,469,000,
only if the present value of the aggregate debt service of the refunding
or  repayment  bonds,  notes or other obligations to be issued shall not
exceed the present value of the aggregate debt  service  of  the  bonds,
notes or other obligations so to be refunded or repaid. For the purposes
hereof, the present value of the aggregate debt service of the refunding
or repayment bonds, notes or other obligations and of the aggregate debt
service  of the bonds, notes or other obligations so refunded or repaid,
shall be calculated by utilizing the  effective  interest  rate  of  the
refunding or repayment bonds, notes or other obligations, which shall be
that   rate  arrived  at  by  doubling  the  semi-annual  interest  rate
(compounded  semi-annually)  necessary  to  discount  the  debt  service

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payments on the refunding or repayment bonds, notes or other obligations
from  the payment dates thereof to the date of issue of the refunding or
repayment bonds, notes or other obligations and to the price bid includ-
ing  estimated  accrued interest or proceeds received by the corporation
including estimated accrued interest from the sale thereof.
  S 43. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of 1997, providing for the  financing  of  the  correctional  facilities
improvement  fund and the youth facility improvement fund, as amended by
section 53 of part JJ of chapter 56 of the laws of 2010, is  amended  to
read as follows:
  1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes  and  other  obligations  in  an
aggregate  principal amount not to exceed [three] FOUR hundred [seventy-
nine]  TWENTY-NINE  million  five  hundred  fifteen   thousand   dollars
[($379,515,000)]   ($429,515,000),  which  authorization  increases  the
aggregate principal amount of bonds, notes and other obligations author-
ized by section 40 of chapter 309 of the laws of 1996, and shall include
all bonds, notes and other obligations issued pursuant to chapter 211 of
the laws of 1990, as amended  or  supplemented.  The  proceeds  of  such
bonds, notes or other obligations shall be paid to the state, for depos-
it  in  the  youth  facilities  improvement  fund, to pay for all or any
portion of the amount or amounts paid by the state  from  appropriations
or  reappropriations  made to the office of children and family services
from the youth facilities improvement fund  for  capital  projects.  The
aggregate  amount of bonds, notes and other obligations authorized to be
issued pursuant to this section shall  exclude  bonds,  notes  or  other
obligations  issued  to  refund or otherwise repay bonds, notes or other
obligations theretofore issued, the proceeds of which were paid  to  the
state  for  all  or  a portion of the amounts expended by the state from
appropriations or reappropriations made to the office  of  children  and
family  services;  provided,  however,  that  upon any such refunding or
repayment the total aggregate principal  amount  of  outstanding  bonds,
notes  or  other  obligations  may  be greater than [three] FOUR hundred
[seventy-nine] TWENTY-NINE million five hundred fifteen thousand dollars
[($379,515,000)] $429,515,000, only if the present value of  the  aggre-
gate  debt  service  of the refunding or repayment bonds, notes or other
obligations to be issued shall not  exceed  the  present  value  of  the
aggregate debt service of the bonds, notes or other obligations so to be
refunded  or  repaid.  For the purposes hereof, the present value of the
aggregate debt service of the refunding or  repayment  bonds,  notes  or
other  obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded  or  repaid,  shall  be  calculated  by
utilizing  the  effective  interest  rate  of the refunding or repayment
bonds, notes or other obligations, which shall be that rate  arrived  at
by  doubling  the  semi-annual  interest rate (compounded semi-annually)
necessary to discount the debt service  payments  on  the  refunding  or
repayment bonds, notes or other obligations from the payment dates ther-
eof  to  the date of issue of the refunding or repayment bonds, notes or
other obligations and to  the  price  bid  including  estimated  accrued
interest  or  proceeds  received  by the corporation including estimated
accrued interest from the sale thereof.
  S 44. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
housing  finance  law, as amended by section 54 of part JJ of chapter 56
of the laws of 2010, is amended to read as follows:

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  (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 [five] SIX hundred
[thirty-two] THIRTY-SIX million [two] FOUR hundred ninety-nine  thousand
dollars,  plus  a  principal  amount  of  bonds  issued to fund the debt
service reserve fund in accordance with the debt  service  reserve  fund
requirement  established  by  the  agency and to fund any other reserves
that the agency reasonably deems necessary for the security or  marketa-
bility  of  such  bonds and to provide for the payment of fees and other
charges and expenses,  including  underwriters'  discount,  trustee  and
rating  agency  fees,  bond  insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No  reserve
fund securing the housing program bonds shall be entitled or eligible to
receive  state  funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the  extent  of
any  deficiency  resulting  directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
  S 45. Paragraph j of subdivision 2  of  section  1680  of  the  public
authorities  law,  as  amended by section 37 of part PP of chapter 56 of
the laws of 2009, is amended to read as follows:
  j. Subject to the provisions of chapter fifty-nine of the laws of  two
thousand, the maximum amount of bonds and notes to be issued after March
thirty-first,  two  thousand  two  for  a  housing  unit  for the use of
students at  a  state-operated  institution  or  statutory  or  contract
college under the jurisdiction of the state university of New York shall
be  one  billion  [two] FIVE hundred [thirty] SIXTY-ONE 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 46. 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 2 of part C of chapter 109 of the laws of 2010, 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 [$6,286,660,000]  $6,695,169,000  cumulatively  by
the end of fiscal year [2010-2011] 2011-12.
  S  47. Subdivision 5 of section 3234 of the public authorities law, as
amended by chapter 81 of the laws 2002, is amended to read as follows:

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  5. A majority of the whole number of directors then  in  office  shall
constitute  a quorum for the transaction of any business or the exercise
of any power of the corporation. Except as otherwise specified  in  this
title,  for the transaction of any business or the exercise of any power
of the corporation, the corporation shall have power to act by a majori-
ty  of  the  directors  present  at  any meeting at which a quorum is in
attendance; provided that one or more directors  may  participate  in  a
meeting  by  means  of  conference  telephone  or similar communications
equipment allowing all directors participating in the  meeting  to  hear
each  other  at  the  same  time  and  participation by such means shall
constitute presence in person at a meeting.  A  unanimous  vote  of  all
directors  THEN IN OFFICE shall be required for approval of a resolution
authorizing the issuance of bonds or notes or any supplemental or  amen-
datory  resolution.   The corporation may delegate to one or more of its
directors, or officers, agents and employees, such powers and duties  as
the  directors  may deem proper. Five days notice shall be given to each
director and nonvoting representative prior to any meeting of the corpo-
ration.
  S 48. Paragraph (e) of subdivision 1 of section  3236  of  the  public
authorities  law,  as  amended  by  chapter  219 of the laws of 1999, is
amended to read as follows:
  (e) Such bonds shall be sold to the bidder offering the lowest  inter-
est  cost  to  the corporation, taking into consideration any premium or
discount and, in the case of refunding  bonds,  the  bona  fide  initial
public  offering  price,  not less than four nor more than fifteen days,
Sundays excepted, after a notice of such  sale  has  been  published  at
least  once  in  a  definitive  trade  publication of the municipal bond
industry published on each business day in the state of New  York  which
is  generally  available to participants in the municipal bond industry,
which notice shall state the terms of the sale. The corporation may  not
change  the terms of the sale unless notice of such change is sent via a
definitive trade wire service of the municipal bond industry  which,  in
general,  makes  available  information  regarding activity and sales of
municipal bonds and is generally available to participants in the munic-
ipal bond industry, at least one [day] HOUR prior to the [date] TIME  of
the sale as set forth in the original notice of sale. In so changing the
terms  or  conditions  of a sale the corporation may send notice by such
wire service that the sale  will  be  delayed  by  up  to  thirty  days,
provided  that  wire  notice of the new sale date will be given at least
one business day prior to the new time when bids will  be  accepted.  In
such  event,  no  new  notice of sale shall be required to be published.
Advertisements shall contain a provision to the effect that  the  corpo-
ration,  in its discretion, may reject any or all bids made in pursuance
of such advertisements, and in the event of such rejection,  the  corpo-
ration is authorized to negotiate a private sale or readvertise for bids
in  the  form  and manner above described as many times as, in its judg-
ment, may be necessary to effect a satisfactory sale.    Notwithstanding
the  foregoing provisions of this paragraph, whenever in the judgment of
the corporation the interests of the corporation will be served thereby,
the corporation may sell bonds at private sale.  The  corporation  shall
promulgate  regulations  governing  the terms and conditions of any such
private sales, which regulations shall include a provision that it  give
notice  to  the governor, the temporary president of the senate, and the
speaker of the assembly of its intention to conduct a  private  sale  of
obligations  pursuant  to  this section not less than five days prior to
such sale or the execution of any binding agreement to effect such sale.

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  S 49. Subdivision 1 of section 1689-i of the public  authorities  law,
as  amended  by section 46 of part JJ of chapter 56 of the laws of 2010,
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  [seventy]  EIGHTY-FOUR  million
dollars.
  S  50.  Section  21-e of chapter 432 of the laws of 1997, amending the
state finance law and other laws relating to the issuance  of  bonds  or
notes  for community enhancement facilities projects, is amended to read
as follows:
  S 21-e.   Notwithstanding the provisions  of  any  other  law  to  the
contrary,  the authority is hereby authorized to issue bonds or notes in
one or more series for the purpose of funding project  costs  or  making
grants,  loans or combinations thereof for community enhancement facili-
ties projects. The aggregate principal amount of bonds authorized to  be
issued  pursuant  to this section shall not exceed four hundred [twenty-
five] SEVEN million dollars total for all issuing authorities, excluding
bonds issued to fund one or more debt  service  reserve  funds,  to  pay
costs  of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay such bonds or notes previously issued.  Such  bonds  and
notes  of  the authority shall not be a debt of the state, and the state
shall not be liable thereon, nor shall they be payable out of any  funds
other  than  those  appropriated  by the state to the authority for debt
service and related expenses pursuant to a  service  contract  and  such
bonds  and  notes  shall contain on the face thereof a statement to such
effect.   Except for purposes of complying  with  the  internal  revenue
code,  any interest income earned on bond proceeds shall only be used to
pay debt service on such bonds.
  S 51. Subdivision (a) of section 1 of part T of chapter 84 of the laws
of 2002, relating to authorizing the New York  state  urban  development
corporation  and  the  dormitory  authority  of the state of New York to
issue bonds or notes for the purpose of financing certain project costs,
is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding any other provision of law to the contrary, the New York
state  urban  development corporation and the dormitory authority of the
state of New York are hereby authorized to issue bonds or notes  in  one
or  more series in an aggregate principal amount, subject to the limita-
tions  contained  in  section  eight  of  this  act,   not   to   exceed
[$1,200,000,000]  $1,195,146,000  excluding  bonds issued to fund one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise  repay  such  bonds  or
notes  previously  issued,  for  the purposes of financing project costs
authorized under this act. Such bonds and notes of  the  corporation  or
the  dormitory  authority shall not be a debt of the state and the state
shall not be liable thereon, nor shall they be payable out of any  funds
other  than  those  appropriated  by the state to the corporation or the
authority for debt service and related expenses pursuant to any  service
contract executed pursuant to subdivision (b)  of this section, and such
bonds  and  notes  shall contain on the face thereof a statement to such
effect.   Except for purposes of complying  with  the  internal  revenue
code,  any interest income earned on bond proceeds shall only be used to
pay debt service on such bonds. All of the provisions of  the  New  York

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state  urban development corporation act and the dormitory authority act
relating to  bonds  and  notes  which  are  not  inconsistent  with  the
provisions of this section shall apply to obligations authorized by this
section,  including  but  not limited to the power to establish adequate
reserves therefore and to issue renewal notes or refunding bonds  there-
of.  The  issuance  of  any  bonds  or  notes hereunder shall further be
subject to the approval of the director of the division of the budget.
  S 52. Subdivision (a) of section 27 of chapter 3 of the laws of  2004,
relating to authorizing the New York state urban development corporation
and  the  dormitory authority of the state of New York to issue bonds or
notes, is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding any other provision of law to the contrary, the New York
State  urban  development corporation and the dormitory authority of the
state of New York are hereby authorized to issue bonds or notes  in  one
or   more  series  in  an  aggregate  principal  amount  not  to  exceed
[$350,000,000] $290,000,000 excluding bonds issued  to  finance  one  or
more debt service reserve funds, to pay costs of issuance of such bonds,
and  bonds  or  notes  issued to refund or otherwise repay such bonds or
notes previously issued, for the purpose of financing economic  develop-
ment  projects  outside cities with a population of one million or more.
Such bonds and notes of the corporation or the dormitory authority shall
not be a debt of the state, and the state shall not be  liable  thereon,
nor shall they be payable out of any funds other than those appropriated
by  the  state  to  the  corporation or the dormitory authority for debt
service and related expenses pursuant to any service  contract  executed
pursuant  to  subdivision  (b)  of this section and such bonds and notes
shall contain on the face thereof a statement to such  effect.    Except
for  purposes  of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds. All of the provisions of the New York state  urban  develop-
ment  corporation  act and the dormitory authority act relating to bonds
and notes which are not inconsistent with the provisions of this section
shall apply to obligations authorized by this section, including but not
limited to the power to establish  adequate  reserves  therefor  and  to
issue  renewal  notes  or  refunding  bonds thereof. The issuance of any
bonds or notes hereunder shall further be subject to the approval of the
director of the division of the budget.
  S 53. Subdivision (a) of section 1 of part X of chapter 59 of the laws
of 2004, relating to authorizing the New York  state  urban  development
corporation  and  the  dormitory  authority  of the state of New York to
issue bonds or notes, is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding any other provision of law to the contrary, the New York
State  urban  development corporation and the dormitory authority of the
state of New York are hereby authorized to issue bonds or notes  in  one
or   more  series  in  an  aggregate  principal  amount  not  to  exceed
[$250,000,000] $243,000,000 excluding bonds issued  to  finance  one  or
more debt service reserve funds, to pay costs of issuance of such bonds,
and  bonds  or  notes  issued to refund or otherwise repay such bonds or
notes previously issued, for the purpose of financing projects  cost  of
the  Empire Opportunity Fund; Rebuilding the Empire State Through Oppor-
tunities in Regional Economies  (RESTORE)  New  York  Program;  and  the
Community  Capital  Assistance  Program authorized pursuant to Part T of
chapter 84 of the laws of 2002. Such bonds and notes of the  corporation
or  the  dormitory  authority  shall not be a debt of the state, and the

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state shall not be liable thereon, nor shall they be payable out of  any
funds  other  than those appropriated by the state to the corporation or
the dormitory authority for debt service and related  expenses  pursuant
to  any  service  contract  executed pursuant to subdivision (b) of this
section and such bonds and notes shall contain on  the  face  thereof  a
statement  to  such  effect.   Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds. All of the provisions of
the New York state urban development corporation act and  the  dormitory
authority  act  relating  to  bonds and notes which are not inconsistent
with the provisions of this section shall apply to  obligations  author-
ized  by  this section, including but not limited to the power to estab-
lish adequate reserves therefor and to issue renewal notes or  refunding
bonds  thereof.  The  issuance  of  any  bonds  or notes hereunder shall
further be subject to the approval of the director of  the  division  of
the budget.
  S 54. Subdivision (a) of section 1 of part T of chapter 59 of the laws
of  2005, relating to the urban development corporation bonding authori-
ty, as added by section 3 of part C of chapter 63 of the laws  of  2005,
is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary the urban develop-
ment corporation or the dormitory  authority  is  hereby  authorized  to
issue  bonds  or  notes  in one or more series in an aggregate principal
amount not to exceed [$250,000,000] $176,661,000 excluding bonds  issued
to finance one or more debt service reserve funds, to pay costs of issu-
ance  of  such  bonds,  and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued, for the  purpose  of  reim-
bursing  the  state capital projects fund disbursements made pursuant to
appropriations for the New York state high  technology  and  development
program, pursuant to a memorandum of understanding to be executed by the
governor,  the temporary president of the senate, and the speaker of the
assembly, and further provided that the proceeds of such bonds or  notes
are  authorized  to be utilized to finance grants, loans or combinations
thereof pursuant to the New York state high technology  and  development
program,  as  appropriated  by  a  chapter of the laws of 2005. Eligible
project costs may include, but not be limited to  the  cost  of  design,
financing,  site  acquisition and preparation, demolition, construction,
rehabilitation, acquisition of machinery and equipment, parking  facili-
ties,  and  infrastructure.  Such  bonds  and  notes  of such authorized
issuers shall not be a debt of the state, and the  state  shall  not  be
liable  thereon,  nor  shall they be payable out of any funds other than
those appropriated by the state to  such  authorized  issuers  for  debt
service  and  related expenses pursuant to any service contract 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 55. Subdivision (a) of section 1 of part S of chapter 59 of the laws
of 2005, relating to the authority of the urban development  corporation
and  the  dormitory authority to issue bonds, as amended by section 1 of
part C of chapter 63 of the laws of 2005, is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any provisions of law to the contrary, the urban devel-
opment corporation or the dormitory authority is  hereby  authorized  to

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issue  bonds  or  notes  in one or more series in an aggregate principal
amount not to exceed [$90,000,000] $88,344,000 excluding bonds issued to
finance one or more debt service reserve funds, to pay costs of issuance
of  such  bonds,  and bonds or notes issued to refund or otherwise repay
such bonds or notes previously issued, for the  purpose  of  reimbursing
the state capital projects fund disbursements made pursuant to appropri-
ations for the regional economic development program pursuant to a memo-
randum  of  understanding  to be executed by the governor, the temporary
president of the senate, and the speaker of the assembly.  The  proceeds
of  such bonds or notes are authorized to be utilized to finance grants,
loans or combinations thereof pursuant to the regional economic develop-
ment program, as appropriated by a chapter of the laws of 2005. Eligible
project costs may include, but not be limited to  the  cost  of  design,
financing,  site investigations, site acquisition and preparation, demo-
lition,  construction,  rehabilitation,  acquisition  of  machinery  and
equipment, and infrastructure improvements. Such bonds and notes of such
authorized issuers shall not be a debt of the state, and the state shall
not  be liable thereon, nor shall they be payable out of any funds other
than those appropriated by the state to such authorized issuers for debt
service and related expenses pursuant to any service  contract  executed
pursuant  to  subdivision  (b)  of this section and such bonds and notes
shall contain on the face thereof a statement to such  effect.    Except
for  purposes  of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  S 56. Subdivision (a) of section 43 of chapter  161  of  the  laws  of
2005, amending the education law and other laws relating to the issuance
of bonds or notes, is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York
state urban development corporation and the dormitory authority  of  the
state  of  New York are hereby authorized to issue bonds or notes in one
or  more  series  in  an  aggregate  principal  amount  not  to   exceed
[$75,000,000]  $48,517,000 excluding bonds issued to finance one or more
debt service reserve funds, to pay costs of issuance of such bonds,  and
bonds  or  notes issued to refund or otherwise repay such bonds or notes
previously issued, for the purpose  of  financing  economic  development
projects  outside  cities with a population of one million or more. Such
bonds and notes of the corporation or the dormitory authority shall  not
be  a  debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated  by
the state to the corporation or the dormitory authority for debt service
and  related expenses pursuant to any service contract executed pursuant
to subdivision (b) of this  section  and  such  bonds  and  notes  shall
contain  on  the  face  thereof  a  statement to such effect. Except for
purposes of complying with  the  internal  revenue  code,  any  interest
income earned on bond proceeds shall only be used to pay debt service on
such  bonds.  All of the provisions of the New York state urban develop-
ment corporation act and the dormitory authority act relating  to  bonds
and notes which are not inconsistent with the provisions of this section
shall apply to obligations authorized by this section, including but not
limited  to  the  power  to establish adequate reserves therefore and to
issue renewal notes or refunding bonds  thereof.  The  issuance  of  any
bonds or notes hereunder shall further be subject to the approval of the
director of the division of the budget.

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  S  57.  Subdivision 1 of section 43 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban  development  corpo-
ration  act,  as  amended  by section 48 of part PP of chapter 56 of the
laws of 2009, is amended read as follows:
  1.  Notwithstanding  the  provisions of any other law to the contrary,
the dormitory authority and the corporation  are  hereby  authorized  to
issue  bonds  or  notes in one or more series for the purpose of funding
project costs for various economic development and regional initiatives,
the upstate regional blueprint fund, the downstate revitalization  fund,
the  upstate  agricultural  economic  fund,  the  New York state capital
assistance program, the New York state economic  development  assistance
program  and other state costs associated with such projects. The aggre-
gate principal amount of bonds authorized to be issued pursuant to  this
section  shall  not exceed one billion [three] TWO hundred [ten] SEVENTY
million SEVEN  HUNDRED  EIGHTY-TWO  THOUSAND  dollars,  excluding  bonds
issued  to  fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
dormitory authority and the corporation shall  not  be  a  debt  of  the
state,  and  the  state  shall  not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the  state  to
the dormitory authority and the corporation for principal, interest, and
related expenses 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 58. Section 1 of chapter 174 of the laws of 1968,  constituting  the
New York state urban development corporation act, is amended by adding a
new section 44 to read as follows:
  S  44.  1.  NOTWITHSTANDING  THE  PROVISIONS  OF  ANY OTHER LAW TO THE
CONTRARY, THE DORMITORY AUTHORITY AND THE CORPORATION ARE HEREBY AUTHOR-
IZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR  THE  PURPOSE  OF
FUNDING  PROJECT  COSTS  FOR  THE  REGIONAL ECONOMIC DEVELOPMENT COUNCIL
INITIATIVE, THE ECONOMIC TRANSFORMATION PROGRAM 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  TWO
HUNDRED  THIRTY  MILLION  FIVE HUNDRED FIFTY THOUSAND DOLLARS, EXCLUDING
BONDS ISSUED TO FUND ONE OR MORE DEBT  SERVICE  RESERVE  FUNDS,  TO  PAY
COSTS  OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED TO REFUND OR
OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED.  SUCH  BONDS  AND
NOTES OF THE DORMITORY AUTHORITY AND THE CORPORATION SHALL NOT BE A DEBT
OF  THE STATE, AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY
BE PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY  THE  STATE
TO  THE DORMITORY AUTHORITY AND THE CORPORATION FOR PRINCIPAL, INTEREST,
AND RELATED EXPENSES PURSUANT TO A SERVICE CONTRACT AND SUCH  BONDS  AND
NOTES  SHALL  CONTAIN  ON  THE  FACE THEREOF A STATEMENT TO SUCH EFFECT.
EXCEPT FOR PURPOSES OF COMPLYING WITH THE  INTERNAL  REVENUE  CODE,  ANY
INTEREST  INCOME  EARNED ON BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT
SERVICE ON SUCH BONDS.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  IN
ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE CORPORATION IN UNDERTAK-
ING  THE  FINANCING FOR PROJECT COSTS FOR THE REGIONAL ECONOMIC DEVELOP-
MENT COUNCIL INITIATIVE, THE ECONOMIC TRANSFORMATION PROGRAM  AND  OTHER
STATE COSTS ASSOCIATED WITH SUCH PROJECTS, THE DIRECTOR OF THE BUDGET IS
HEREBY  AUTHORIZED  TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE

S. 2807--A                         68                         A. 4007--A

DORMITORY AUTHORITY AND THE CORPORATION,  NONE  OF  WHICH  SHALL  EXCEED
THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS THE DIRECTOR
OF  THE BUDGET AND THE DORMITORY AUTHORITY AND THE CORPORATION AGREE, SO
AS  TO  ANNUALLY PROVIDE TO THE DORMITORY AUTHORITY AND THE CORPORATION,
IN THE AGGREGATE, A SUM NOT  TO  EXCEED  THE  PRINCIPAL,  INTEREST,  AND
RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES. ANY SERVICE CONTRACT
ENTERED  INTO PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE OBLIGATION
OF THE STATE TO PAY THE AMOUNT THEREIN PROVIDED SHALL NOT  CONSTITUTE  A
DEBT  OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY
PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO  THE  EXTENT  OF  MONIES
AVAILABLE  AND  THAT  NO LIABILITY SHALL BE INCURRED BY THE STATE BEYOND
THE MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO  ANNUAL  APPROPRIATION
BY  THE  LEGISLATURE.    ANY SUCH CONTRACT OR ANY PAYMENTS MADE OR TO BE
MADE THEREUNDER MAY BE ASSIGNED AND PLEDGED BY THE  DORMITORY  AUTHORITY
AND  THE  CORPORATION AS SECURITY FOR ITS BONDS AND NOTES, AS AUTHORIZED
BY THIS SECTION.
  S 58-a. Paragraph (a) of section 55 of part JJ of chapter  56  of  the
laws  of  2010,  relating to providing for the administration of certain
funds and accounts related to the 2010-2011 budget, is amended  to  read
as follows:
  (a) section forty-two of this act shall be deemed to have been in full
force and effect on and after April 1, [2008]2007;
  S  59.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011;  provided
further  that  sections  one  through  fourteen-a  and sections eighteen
through twenty-eight of this act shall expire March 31, 2012, when  upon
such  date,  the  provisions  of such sections shall be deemed repealed;
provided further that the amendments to subdivision 5 of section  97-rrr
of  the  state finance law made by section sixteen of this act shall not
affect the expiration of such subdivision and  shall  expire  therewith;
and  provided  further  that  section forty-seven of this act shall take
effect on the same date as the reversion of  subdivision  5  of  section
3234  of  the public authorities law as provided in section 3 of chapter
48 of the laws of 2010, as amended.

                                 PART O

  Section 1. Section 99-d of the state finance law, as added by  chapter
474 of the laws of 1996, is REPEALED.
  S 2. On or after September 16, 2011, the comptroller is hereby author-
ized  and  directed  to  transfer all remaining monies not yet disbursed
from the designated accounts authorized under subdivision one of section
99-d of the state finance law, as repealed by section one of  this  act,
to the general fund/state purposes account.
  S 3. This act shall take effect September 16, 2011.

                                 PART P

  Section  1.  Notwithstanding any other law, the State University Down-
state Medical Center may create a not-for-profit  corporation  of  which
the  State  University Downstate Medical Center is the sole member, that
will acquire the medical facilities owned by  the  Long  Island  College
Hospital  in  exchange  for the assumption by such not-for-profit corpo-
ration of certain obligations  of  the  Long  Island  College  Hospital,
including  debt  obligations  to the Dormitory Authority, and such other
consideration as may be mutually agreed to;  and  the  State  University

S. 2807--A                         69                         A. 4007--A

Downstate  Medical  Center  may  enter  into a long-term lease with such
not-for-profit corporation for the facilities acquired by such  not-for-
profit  corporation from the Long Island College Hospital, on such terms
and  conditions as shall be agreed to between the State University Down-
state Medical Center  and  such  not-for-profit  corporation,  including
provisions for the payment of lease payments sufficient to fund the debt
obligations  acquired by such not-for-profit corporation, subject to the
approval of the comptroller, the attorney general and  the  director  of
the budget.
  S 2. This act shall take effect immediately.
  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 P of this act shall be
as specifically set forth in the last section of such Parts.

S2807B - Bill Details

See Assembly Version of this Bill:
A4007C
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S2807B - Bill Texts

view summary

Extends numerous provisions of law that were set to expire and be repealed, but that were otherwise necessary for the fiscal stability of the state and the health and safety of its citizens; authorizes the governor to close correctional facilities; relates to the public safety communications surcharge; relates to annual reports of costs related to the statewide wireless network; removes the salary provision of state liquor authority commissioners, other than the chairman; relates to self-insurers for workers' compensation purposes; relates to removing the salary provision for civil service commissioners other than the president; provides aid and incentives for municipalities; relates to aid to municipalities in which a video lottery terminal facility is located; creates citizens empowerment tax credits, local government citizens re-organization empowerment grants and the local government performance and efficiency program; streamlines the local government efficiency grant program; clarifies the state's obligation to make payments with respect to certain lands; allows the State University Downstate Medical Center to create a not-for-profit corporation; relates to New York state district attorney and indigent legal services attorney loan forgiveness program eligibility; and relates to the acquisition of the assets of Community-General Hospital of Greater Syracuse of SUNY Upstate Medical University.

view sponsor memo
BILL NUMBER:S2807B

TITLE OF BILL:
An act
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 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 (Part A);
to amend chapter 503 of the laws of 2009 relating to the disposition of
certain monies recovered by county district attorneys before the filing
of an accusatory instrument, in relation thereto and the effective date
thereof (Part B);
Intentionally omitted
(Part C);
to amend the tax law, in relation to eliminating certain allowable uses
of revenue generated by the cellular surcharge (Part D);
Intentionally omitted
(Part E);
to amend the election law, in relation to eliminating certain publishing
requirements by state and local boards
of election
and to repeal certain provisions of
the election law relating thereto (Part F);
Intentionally omitted
(Part G);
to amend the executive law and the civil service law, in relation to
removing the salary provision for civil service commissioners other than
the president (Part H);
to amend the state finance law, in relation to aid and incentives for
municipalities and providing for the repeal of certain provisions
upon expiration thereof (Part I);
to amend the state finance law, in relation to video lottery gaming
facilities; and to repeal section 54-l of such law relating
thereto
(Part J);
to amend the state finance law, in relation to state assistance to local
government (Part K);
to amend chapter 774 of the laws of 1989 amending the real property tax
law relating to certain state lands subject to taxation, in relation to
clarifying the state's obligation to make payments with respect to
certain lands (Part L);
Intentionally omitted
(Part M);
to provide for the administration of certain funds and accounts related
to the 2011-2012 budget; to authorize certain payments and transfers; to
amend the state finance law, in relation to the school tax relief fund;
to amend the state finance law, in relation to the issuance of revenue
bonds and in relation to mental health service facilities financing; 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 effectiveness of certain provisions thereof; to amend the
public authorities law, in relation to environmental infrastructure
projects; to amend chapter 61 of the laws of 2005, providing for the
administration of certain funds and accounts related to the 2005-2006
budget, chapter 81 of the laws of 2002, providing for the administration
of certain funds and accounts related to the 2002-2003 budget, chapter
389 of the laws of 1997, providing for the financing of the correctional
facilities improvement fund and the youth facility improvement fund,
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; to amend the state finance
law, in relation to certificates of participation; to amend the private
housing finance law, in relation
to housing program bonds and notes; 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 the public authorities law, in relation to voting of directors
of local government assistance corporation; to amend the public
authorities law, in relation to library construction; to amend the state
finance law, in relation to community enhancement facilities projects;
and to amend part JJ of chapter 56 of the laws of 2010, relating to
providing for the administration of certain funds and accounts related to
the 2010-2011 budget, in relation to the effectiveness thereof
(Part N); Intentionally omitted (Part O);
in relation to allowing the State University Downstate Medical Center to
create a not-for-profit corporation (Part P);
to amend the judiciary law, in relation to expanding access to civil
legal services (Part Q);
to amend the state finance law and the county law, in relation to
indigent legal services and the indigent legal services fund; and to
repeal article 30 of the executive law, relating thereto (Part R);
to authorize SUNY Upstate Medical University to assume and maintain the
retirement plan for employees of Community-General Hospital of Greater
Syracuse (Part S);
to amend 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, in relation to extending such provisions
(Part T);
to amend the education law, in relation to the New York state district
attorney and indigent legal services attorney loan forgiveness program
(Part U);
to amend the correction law, in relation to requiring collection of an
incarceration fee (Part V);
to amend the correction law, in relation to the establishment of
commissaries or canteens in correctional institutions and the
establishment of sales and excise taxes in such commissaries or
canteens (Part W);
to amend the correction law, in relation to requiring inmates to make
medical co-payments for treatment provided (Part X);
to amend the executive law, in relation to requiring unanimous agreement
by the parole board to release an inmate on parole (Part Y);
to amend the executive law, in relation to the appearance of certain
law enforcement officers at parole hearings (Part Z);
to amend the correction law, in relation to the establishment of a
prison efficiency task force (Part AA);
to amend the civil service


law, in relation to requiring the president of the
state civil service commission to report on the impact of state
employee workforce reductions (Part BB);
to amend the tax law, in relation to authorizing any city or county to
adopt, amend and impose an additional rate of tax; and to repeal certain
provisions of such law relating thereto (Part CC); and
to amend the legislative
law, in relation to establishing the New York state legislative
budget office; to amend the state finance law and the legislative law,
in relation to enacting a balanced budget requirement; and to amend
the state finance law, in relation to budget reform (Part DD)

SUMMARY:
Part A - Extend various criminal justice programs that would otherwise
sunset.

The Senate modifies the Executive's proposal to extend these
provisions for two years rather than three.

Part B - Make changes to provisions relating to the disposition of
certain monies recovered by New York City county district attorneys
and make those provisions permanent.

The Senate modifies the Executive's proposal to make permanent and
change the distribution of certain monies recovered by District
Attorneys in New York City, by extending the new distribution for one
year only. The Executive anticipates this proposal to generate $75
million in revenue for the State in SFY 2011-12.

Part C - Eliminate the prison closure notification requirement and
modify the type of plan to be developed in the event of a prison
closure.

The Senate denies the Executive's Article VII proposal to permanently
waive all notification (Correction Law §79-a) and modify the adaptive
reuse plan requirements (Correction Law §79b) as they pertain to
state prison closures. The Senate does allow the one-year notice to
be waived for only those facilities identified and recommended for
closure by the Task Force pursuant to a new section 79-c of the
Corrections Law.

Part D - Eliminate cell surcharge subsidy to a revolving loan fund.

The Senate concurs the Executive's proposal to deny the annual
transfer of $1.5 million from the State Public Safety Communications
Account to the Emergency Services Revolving Loan Fund.
The Senate amends the Executive proposal to allow counties the
flexibility to also use funding under the State Public Safety
Communications Account related to the interoperable communications
program for operations of public safety answering points.

Part E - Change the compensation for the commissioners of the State
Liquor Authority, other than the Chairman, from an annual salary to
per diem.


The Senate denies the Executive's proposal to change the compensation
of the two Non-Chair Commissioners of the State Liquor Authority,
from an annual salary of $90,800 to a per diem compensation of $260
per day plus actual and necessary expenses.

Part F - Eliminate costly and unnecessary election law printing and
publication requirements.

The Senate concurs in the Executive's proposal to reduce onerous
printing and publication requirements.

Part G- Provide for the close-out of most private group self-insured
workers compensation trusts to mitigate potential risk to the State
Financial Plan and to participating employers.
Intentionally Omitted.

The Senate rejected the Executive's proposal
without prejudice to reevaluate the need for this legislation.

Part H - Change the compensation for commissioners of the State Civil
Service Commission, other than the President, from an annual salary
to per diem.

The Senate concurs with the Executive's proposal to remove from the
statutory salary list all board members, except the President, of the
Civil Service Commission and provide those members with per diem
compensation.

Part I - Reduce Aid and Incentives for Municipalities (AIM) funding
for cities, towns and villages and eliminate AIM for New York City.

The Senate amends the Executive's proposal regarding the Aid to
Municipalities program (AIM), by accepting the Executive's two
percent proposed reduction in all AIM funding for the 2011- 2012
fiscal year and the elimination of AIM funding for New York City for
the 2011-2012 fiscal year, and denying the Executive's proposal to
permanently reduce and eliminate such AIM funding, thereby restoring
all AIM funding for the 2012-2013 fiscal year, for all localities,
including New York City.

Part J - Eliminate Video Lottery Terminal Aid to all eligible
municipalities other than Yonkers.

The Senate amends the Executive proposal to restore funding for those
municipalities eliminated in the Executive Budget. The restoration
would receive 45 percent of their SFY 2008-09 level.
In addition, those municipalities that have more than $400 million
credits played per month at their VLT facility would receive 50
percent of their SFY 2008-09 aid in SPY 2011-12.

Part K- Create the Citizen Empowerment Tax Credit, the Citizens
Re-organization Empowerment Grants and the Local Government
Performance and Efficiency Program, and streamline the local
Government Efficiency Grant Program.

The Senate amends the Executive's proposal relating to the creation of
the citizen empowerment tax credits, the local government


re-organization empowerment grant, the local government efficiency
grant program and the local government performance and efficiency
grants, by extending them to include school districts (thereby adding
them within the definition of municipality) and by increasing the
proportion of tax credit authorized for real property tax relief,
from fifty percent to seventy percent of such tax credit.

Part L - Clarify the State's obligation to make payments with respect
to certain lands.

The Senate accepts the Executive's proposal to clarify that the State
will assume responsibility for payment in lieu of taxes (PILOT)
agreements previously entered into by the City of Rochester on lands
in the Hemlock and Canadice Lake watersheds that were recently
acquired by the State from the City of Rochester.

Part M - Lapse aged State and local reappropriations.
Intentionally Omitted.

The Senate denies the Executive Budget action
to lapse State and Local reappropriations after a five year period of
time.

Part N - Authorize transfers, temporary loans and amendments to
miscellaneous capital/debt provisions, including bond caps.

The Senate amends the Executive proposal to transfer moneys between
various accounts of the State; to establish bond caps for the State's
capital programs; to provide for the reimbursement of capital
spending with bond proceeds; and to establish procedures for debt
management as follows:

* Increase transfers to the General Fund by $46.7 million;
* Eliminate the repeal of the Community Projects Fund transfer;
* Eliminate capital reimbursements for the regional economic
development councils;
* Eliminate the bond caps for the regional economic development
councils and the economic transformation program; and
* Restore bond caps for various economic development capital programs.

Part 0 - Repeals the Community Projects Fund.

The Senate denies the Executive's proposal to repeal the Community
Projects Fund.

Part P - Authorizes SUNY Downstate Hospital to Acquire Medical
Facilities Currently Owned by LI College Hospital.

The Senate concurs with the Executive's proposal to allow the State
University Downstate Medical Center to create a not-for-profit
corporation.

Part Q - Reapportioning Legal Aid Disbursement.

The Senate concurs with
the Judiciaries request for an additional $25 million to implement
the recommendations of the Task Force to expand Access to Civil Legal


Services in New York, but provides that the distribution be in such a
manner that no more than forty percent goes to a city with a
population in excess of one million and no less than $7.5 million is
allocated to the operation of town and village courts not located in
New York City.

Part R - Re-establishing Indigent legal Services Formulas.

The Senate
advances legislation to place the custody and oversight of the
distribution of funds for indigent legal services with the Office of
the State Comptroller, where it was previously located prior to the
establishment of the Office of Indigent Legal Services.

Part S - Authorizing the Acquisition of Community General Hospital by
Upstate Medical.

The Senate advances legislation to allow the State
University Upstate Medical Center to acquire the assets of
Community-General Hospital of Greater Syracuse.

Part T - Extending the Authorization for the Operations of the
Legislature.

The Senate advances legislation to extend for two years
the authorization for the Senate to make certain payments with
respect to its internal operations.

Part U - Amending the District Attorney Loan Forgiveness Program

The Senate advances legislation which would modify section 679-e of
the Education Law, by making the District Attorney and Indigent Legal
Attorney Loan Forgiveness program applicable only to district
attorneys.

Part V - Requiring Inmates to Pay an Incarceration Fee.

The Senate
advances legislation to require the Commissioner of the Department of
Corrections and Community Supervision to collect the $1 a week inmate
incarceration fee. The collection of the fee would still be waived if
it is determined payment of the fee would work an unreasonable
hardship on the inmate or his or her immediate family.

Part W - Authorizing the Collection of Sales Tax on Commissary
Purchases.

The Senate advances legislation to require the imposition
of the Sales Tax on the sale of taxable items within the commissaries.

Part X - Authorizing Inmates to Make a Medical Services Co-Payment.

The Senate advances legislation to require inmates to pay a $7
medical co-payment.

Part Y - Requiring the Parole Board to Act by Unanimous Consent.


The Senate advances legislation to require that the members of the Board
of Parole assigned to determine whether or not an inmate should be
paroled, must unanimously agree to parole for the inmate to be
released.

Part Z - Authorizing the Testimony of a Law Enforcement Officer at a
Parole Hearing.

The Senate advances legislation to allow the chief law
enforcement officer of the jurisdiction where the inmate committed
his/her offense, or the chief's designee, to provide either in
writing or by oral statement, information regarding the law
enforcement agency's knowledge of the inmate relevant to the issues
before the Board of Parole.

Part AA - Creating a Task Force to Consider the Closure of Minimum and
Medium Security Facilities.
The Senate advances legislation to create
a Prison Efficiency Task Force (Correction Law §79-c) that would
recommend cost saving strategies to the department and recommend
closure of minimum and medium security level facilities to reduce
excess capacity and achieve savings advanced in the Executive's
proposed budget. The task force's recommendations would be
unanimously approved by the nine voting members of the task force,
and would be binding upon the commissioner. The Senate includes the
following non-exclusive list of criteria by priority for the task
force to consider when making its recommendations:

* Marketability of the property;
* Value of the property;
* Economic Impact on community and region affected;
* Cost to maintain and operate the facility and infrastructure;
* Workforce Productivity; and
* Impact on Unemployment.

The membership of the task force would be appointed by the governor
and the legislature, but unlike the Executive's Executive Order, they
need not be members of the legislature.

Part BB - Requiring a Reports on any Reductions in the State
Operations Workforce.
The Senate advances legislation to require the
president of the civil service commission, in cooperation with the
director of the division of the budget to investigate and report back
to the legislative finance committees, by May 1, 2011, of the
statewide impact of state employee workforce reductions. The Assembly
did not include such a provision.

Part CC - Authorizing Municipalities to Extend Local Taxes Within
Guidelines of Certain Rates.
The Senate advances legislation to allow
counties and certain cities to enact local sales tax provisions
without requiring that they seek legislative approval as long as they
meet certain requirements. To enact a rate of up to four percent, the
locality must hold a public hearing before taking up the proposal. In
addition, the locality can only impose the tax for a two year period
and must seek approval again to extend the tax rate imposition. To


impose a rate over four percent, the locality must hold a public
hearing, seek a certificate of need from the State Division of the
Budget or the State Comptroller, and approval of the tax by a
two-thirds majority. In no case can a locality exceed a five percent
sales tax rate.

Part DD - Enacting Budget and Fiscal Reform.
The Senate proposes to
reform the budget process and ensure fiscal reform. The Senate
proposes:

o The creation of a Legislative Budget Office (LBO) whose primary
responsibility would be to provide individual members and legislative
committees, on a nonpartisan basis, with information related to the
budget process.

o The LBO will have an independent executive director appointed
jointly by both houses for a six-year term. In addition, the Senate
proposes the creation of a board of directors comprised of experts to
develop best practices to be used by the LBO.

o The Executive and Legislature adopt budgets that are balanced in
accordance with Generally Accepted Accounting Principles (GAAP).

o The Division of Budget to adopt a five-year financial plan in
accordance with GAAP.

JUSTIFICATION:
This law enacts into law major components of
legislation necessary to implement the public protection and general
government budget for the 2011-2012 state fiscal year.

EFFECTIVE DATE:
As set forth in each component part.

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

                                 2807--B

                            I N  S E N A T E

                            February 1, 2011
                               ___________

A  BUDGET  BILL,  submitted by the Governor pursuant to article 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

AN ACT 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  proce-
  dure  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  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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12570-05-1

S. 2807--B                          2

  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 (Part A); to amend chapter 503 of the laws of 2009 relat-
  ing to the disposition of certain monies recovered by county  district
  attorneys  before  the filing of an accusatory instrument, in relation
  thereto and the effective date thereof (Part B); Intentionally omitted
  (Part C); to amend the tax law, in  relation  to  eliminating  certain
  allowable  uses  of  revenue generated by the cellular surcharge (Part
  D); Intentionally omitted (Part E); to  amend  the  election  law,  in
  relation  to  eliminating certain publishing requirements by state and
  local boards of election and  to  repeal  certain  provisions  of  the
  election  law  relating  thereto (Part F); Intentionally omitted (Part
  G); to amend the executive law and the civil service law, in  relation
  to removing the salary provision for civil service commissioners other
  than  the  president  (Part  H);  to  amend  the state finance law, in
  relation to aid and incentives for municipalities  and  providing  for
  the  repeal of certain provisions upon expriation thereof (Part I); to
  amend the state finance law,  in  relation  to  video  lottery  gaming
  facilities;  and  to  repeal section 54-l of such law relating thereto
  (Part J); to amend the state finance law, in relation to state assist-
  ance to local government (Part K); to amend chapter 774 of the laws of
  1989 amending the real property tax  law  relating  to  certain  state

S. 2807--B                          3

  lands subject to taxation, in relation to clarifying the state's obli-
  gation to make payments with respect to certain lands (Part L); Inten-
  tionally  omitted  (Part  M);  to  provide  for  the administration of
  certain funds and accounts related to the 2011-2012 budget; to author-
  ize certain payments and transfers; to amend the state finance law, in
  relation  to  the  school  tax relief fund; to amend the state finance
  law, in relation to the issuance of revenue bonds and in  relation  to
  mental health service facilities financing; 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 effectiveness
  of certain provisions thereof; to amend the public authorities law, in
  relation to environmental infrastructure projects; to amend chapter 61
  of the laws of 2005, providing for the administration of certain funds
  and accounts related to the 2005-2006 budget, chapter 81 of  the  laws
  of  2002,  providing  for  the  administration  of  certain  funds and
  accounts related to the 2002-2003 budget, chapter 389 of the  laws  of
  1997,  providing  for  the  financing  of  the correctional facilities
  improvement fund and the youth facility improvement fund, 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;  to  amend  the state finance law, in relation to certif-
  icates of participation; to amend the private housing finance law,  in
  relation  to  housing  program  bonds  and  notes; 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 the public authorities law, in relation to voting  of  direc-
  tors  of  local government assistance corporation; to amend the public
  authorities law, in relation to library  construction;  to  amend  the
  state  finance  law,  in  relation to community enhancement facilities
  projects; and to amend part JJ of chapter 56  of  the  laws  of  2010,
  relating  to  providing  for  the  administration of certain funds and
  accounts related to the 2010-2011 budget, in relation  to  the  effec-
  tiveness thereof (Part N); Intentionally omitted (Part O); in relation
  to  allowing the State University Downstate Medical Center to create a
  not-for-profit corporation (Part P); to amend the  judiciary  law,  in
  relation  to  expanding  access  to  civil legal services (Part Q); to
  amend the state finance law and the county law, in relation  to  indi-
  gent  legal  services  and  the  indigent  legal services fund; and to
  repeal article 30 of the executive law, relating thereto (Part R);  to
  authorize  SUNY  Upstate Medical University to assume and maintain the
  retirement plan for employees of Community-General Hospital of Greater
  Syracuse (Part S); to amend chapter 141 of the laws of 1994,  amending
  the  legislative  law and the state finance law relating to the opera-
  tion and administration of the legislature, in relation  to  extending
  such  provisions  (Part T); to amend the education law, in relation to
  the New York state  district  attorney  and  indigent  legal  services
  attorney  loan  forgiveness  program (Part U); to amend the correction
  law, in relation to requiring collection of an incarceration fee (Part
  V); to amend the correction law, in relation to the  establishment  of
  commissaries  or  canteens in correctional institutions and the estab-
  lishment of sales and excise taxes in such  commissaries  or  canteens
  (Part  W);  to  amend  the  correction  law,  in relation to requiring
  inmates to make medical co-payments for treatment provided  (Part  X);
  to  amend the executive law, in relation to requiring unanimous agree-
  ment by the parole board to release an inmate on parole (Part  Y);  to
  amend  the executive law, in relation to the appearance of certain law

S. 2807--B                          4

  enforcement officers  at  parole  hearings  (Part  Z);  to  amend  the
  correction law, in relation to the establishment of a prison efficien-
  cy  task  force (Part AA); to amend the civil service law, in relation
  to  requiring  the  president of the state civil service commission to
  report on the impact of state employee workforce reductions (Part BB);
  to amend the tax law, in relation to authorizing any city or county to
  adopt, amend and impose an additional  rate  of  tax;  and  to  repeal
  certain  provisions  of  such  law  relating thereto (Part CC); and to
  amend the legislative law, in relation to establishing  the  New  York
  state  legislative  budget  office; to amend the state finance law and
  the legislative  law,  in  relation  to  enacting  a  balanced  budget
  requirement; and to amend the state finance law, in relation to budget
  reform (Part DD)

  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 2011-2012
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through DD. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section  1. Section 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 U of chapter 56 of the laws of 2009, 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,
[2011] 2013.
  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 U of chapter 56 of the laws of  2009,  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, [2011] 2013, 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  U of chapter 56 of the laws of 2009, 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, [2011] 2013.

S. 2807--B                          5

  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 U of chapter 56 of the laws of 2009, 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, [2011]  2013  and  shall  not  apply  to  persons
committed to the custody of the department after such date, and provided
further that the commissioner of correctional services shall report each
January  first and July first during such time as the earned eligibility
program is in effect, to the chairmen of the senate crime victims, crime
and correction committee,  the  senate  codes  committee,  the  assembly
correction committee, and the assembly codes committee, the standards in
effect  for  earned  eligibility  during the prior six-month period, the
number of inmates subject to the provisions of earned  eligibility,  the
number  who  actually received certificates of earned eligibility during
that period of time, the number of inmates  with  certificates  who  are
granted  parole  upon  their  first consideration for parole, the number
with certificates who are denied parole upon their first  consideration,
and the number of individuals granted and denied parole who did not have
earned eligibility certificates.
  S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending  the tax law and other laws relating to taxes, surcharges, fees
and funding, as amended by section 5 of part U of chapter 56 of the laws
of 2009, 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, [2011] 2013 and be applicable
to all persons entering the program on or before August 31, [2011] 2013.
  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 U of chapter  56  of
the laws of 2009, 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,  [2011]  2013,  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 U of chapter 56 of
the laws of 2009, is amended to read as follows:
  (c) sections forty-one and forty-two of this act shall expire  Septem-
ber  1,  [2011] 2013; 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

S. 2807--B                          6

community treatment facility, as amended by section 8 of part U of chap-
ter 56 of the laws of 2009, 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, [2011] 2013,  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 U of chapter 56 of the laws of
2009, 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, [2011] 2013, when upon such date the
amendments to the correction law and penal law made by  sections  fifty-
five  and  fifty-six  of  this act shall revert to and be read as if the
provisions of this act had not been  enacted;  provided,  however,  that
sections  sixty-two,  sixty-three  and  sixty-four  of this act shall be
deemed to have been in full force and effect on and after March 1,  1995
and  shall  be  deemed  repealed  April  1,  1996 and upon such date the
provisions of subsection (e) of section 9110 of the  insurance  law  and
subdivision  2  of section 89-d of the state finance law shall revert to
and be read as set out in law on  the  date  immediately  preceding  the
effective date of sections sixty-two and sixty-three of this act;
  S  10.  Subdivision  (z)  of  section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 10 of part U of  chapter  56  of
the laws of 2009, 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]
DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION 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, [2011] 2013;
  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 U of chapter 56 of
the laws of 2009, 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, [2011] 2013;
  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 U of chap-
ter 56 of the laws of 2009, is amended to read as follows:

S. 2807--B                          7

  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, [2011]  2013  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 U of chapter 56 of the laws of 2009, is amended to
read as follows:
  (p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this  act  shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three  hundred  forty-one  of
this act shall take effect immediately and shall expire November 1, 1993
at  which  time  it  shall  be  deemed  repealed; sections three hundred
forty-five and three hundred forty-six of this  act  shall  take  effect
July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this  act
shall  take  effect immediately and shall expire June 30, 1995 and shall
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and  shall
expire  June 30, 1998 and shall revert to and be read as if this act had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven of this act shall apply to claims filed  on  or  after  such
effective  date; sections three hundred sixty-nine, three hundred seven-
ty-two, three hundred seventy-three, three hundred  seventy-four,  three
hundred  seventy-five  and  three  hundred seventy-six of this act shall
remain in effect until September 1, [2011]  2013,  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,  [2011]  2013  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

S. 2807--B                          8

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 U of chapter 56 of the laws  of  2009,  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 [eleven] THIRTEEN.
  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 15 of part U of chapter 56 of the laws of 2009, is
amended to read as follows:
  S 6. This act shall take  effect  on  the  first  day  of  April  next
succeeding  the  date  on  which  it  shall have become a law; provided,
however, that effective immediately, the addition, amendment  or  repeal
of  any rule or regulation necessary for the implementation of the fore-
going sections of this act on their effective  date  is  authorized  and
directed  to  be made and completed on or before such effective date and
shall remain in full force and effect until the first day of  September,
[2011]  2013  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 16 of part U of chapter 56 of  the
laws of 2009, 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, [2011] 2013;
  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 17 of part U of  chap-
ter 56 of the laws of 2009, 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,  [2011]
2013, 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 18 of part U of chapter 56 of the
laws of 2009, 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,  [2011]
2013.
  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

S. 2807--B                          9

section  19  of  part U of chapter 56 of the laws of 2009, 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, [2011] 2013, when upon such
date the provisions of this act shall be deemed repealed.
  S  20.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 21  of
part U of chapter 56 of the laws of 2009, is amended to read as follows:
  d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two and forty-four of this  act  shall
be deemed repealed on September 1, [2011] 2013;
  S 21. 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 section 23 of part U of chapter 56 of  the  laws
of 2009, 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, [2011] 2013 when upon such date the provisions of this  act
shall be deemed repealed.
  S 22. This act shall take effect immediately.

                                 PART B

  Section  1.  Sections  1 and 2 of part H of chapter 503 of the laws of
2009 relating to the disposition of monies recovered by county  district
attorneys  before  the filing of an accusatory instrument, as amended by
section 1 of part KK of chapter 56 of the laws of 2010, are  amended  to
read as follows:
  Section  1.  When  a county district attorney of a county located in a
city of one million or more recovers monies  before  the  filing  of  an
accusatory instrument as defined in subdivision 1 of section 1.20 of the
criminal  procedure  law,  after injured parties have been appropriately
compensated, the district attorney's office shall retain a percentage of
the remaining such monies in recognition that such monies were recovered
as a result of investigations undertaken by such office. [The] FOR  EACH
RECOVERY  THE  total  amount of such monies to be retained by the county
district attorney's office shall equal ten percent of the first  twenty-
five  million  dollars  received by such office [during the state fiscal
year], plus seven and one-half percent of such monies received  by  such
office  in  excess  of  twenty-five  million dollars but less than fifty
million dollars, plus five percent of any such monies received  by  such
office  in  excess  of  fifty  million dollars but less than one hundred
million dollars, plus one percent of such monies received by such office
in excess of one hundred million dollars.  The remainder of such  monies
shall  be paid by the district attorney's office to the state and to the
county in equal amounts within thirty days of receipt, where disposition
of such monies is not otherwise prescribed by law.   Monies  distributed
to a county district attorney's office pursuant to this section shall be
used  to  enhance  law enforcement efforts [and shall not supplant funds
for  ordinary  budgetary  costs  including  salaries  of  personnel  and
expenses of district attorneys].

S. 2807--B                         10

  S  2.  This act shall take effect immediately and shall remain in full
force and effect until the last day of March, [2011] 2012, when it shall
expire and be deemed repealed.
  S 2. This act shall take effect immediately.

                                 PART C

  Intentionally omitted.

                                 PART D

  Section  1. Subdivision 6 of section 186-f of the tax law, as added by
section 3 of part B of chapter 56 of the laws of 2009, paragraph (c)  as
amended  by section 38 and paragraph (d) as amended and paragraph (e) as
added by section 39 of part B of chapter 56 of  the  laws  of  2010,  is
amended to read as follows:
  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) Up to the sum of seventy-five million dollars annually]  NOT  LESS
THAN   TWENTY   MILLION  DOLLARS  IN  STATE  FISCAL  YEAR  TWO  THOUSAND
ELEVEN--TWO THOUSAND TWELVE; NOT LESS THAN FORTY-FIVE MILLION DOLLARS IN
STATE FISCAL YEAR TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN;  NOT  LESS
THAN  SEVENTY-FIVE  MILLION  DOLLARS  IN  STATE FISCAL YEAR TWO THOUSAND
THIRTEEN--TWO  THOUSAND  FOURTEEN;  AND  AN   AMOUNT   NOT   LESS   THAN
SEVENTY-FIVE  MILLION  DOLLARS  ANNUALLY  THEREAFTER may be used for the
provision of grants or reimbursements to counties for  the  development,
consolidation,  or  operation of public safety communications systems or
networks designed to support statewide interoperable communications  for
first responders, OR OPERATIONS OF PUBLIC SAFETY ANSWERING POINTS, to be
distributed  pursuant  to  standards and guidelines issued by the state.
Annual grants may consider costs borne by a municipality related to  the
issuance of local public safety communications bonds pursuant to section
twenty-four  hundred  thirty-two of the public authorities law, when the
municipality has qualified as an approved  participant  in  a  statewide
interoperable  communications  system under the standards and guidelines
issued by the state, and maintains compliance with  such  standards  and
guidelines. The grant amount will be prescribed pursuant to an agreement
with  the  municipality, and may not exceed thirty percent of the annual
cost borne by the municipality in relation to such bonds;
  [(d)] (C) To provide the costs of debt service  for  bonds  and  notes
issued   to   finance  expedited  deployment  funding  pursuant  to  the
provisions of section three hundred thirty-three of the county  law  and
section sixteen hundred eighty-nine-h of the public authorities law; and
  [(e)] (D) [services] SERVICES and expenses that support the operations
and  mission of the division of homeland security and emergency services
as appropriated by the legislature.
  S 2. This act shall take effect immediately.

                                 PART E

S. 2807--B                         11

  Intentionally omitted.

                                 PART F

  Section  1.  Subdivision  2  of  section  4-126 of the election law is
REPEALED.
  S 2. Subdivision 2 of section 9-212 of the election law, as amended by
chapter 635 of the laws of 1990, is amended to read as follows:
  2. All such determinations shall be  in  writing  and  signed  by  the
members  of  the  canvassing  board  or a majority of them and filed and
recorded in the office of the board of elections. Except in the city  of
New  York  and  in  the  counties of Nassau, Orange and Westchester, the
board of elections shall cause a copy of such determinations, and of the
statements filed in its  office  upon  which  such  determinations  were
based,  to  be  [published  once in each of the newspapers designated to
publish election  notices  and  the  official  canvass]  POSTED  ON  ITS
WEBSITE.  The  statement  of  canvass to be [published] POSTED, however,
shall not give the vote by election districts but shall contain only the
total vote for a person, or the  total  vote  for  and  the  total  vote
against a ballot proposal, cast within the county, or within the portion
thereof,  if  any,  in  which  an office is filled or ballot proposal is
decided by the voters if the canvass of the vote thereon  devolves  upon
the county board of canvassers. Such totals shall be expressed in arabic
numerals.
  S 3. Section 4-116 of the election law, the section heading as amended
by  chapter 234 of the laws of 1976, subdivision 1 as amended by chapter
341 of the laws of 1995, and subdivisions 2 and 3 as amended by  chapter
60 of the laws of 1993, is amended to read as follows:
  S  4-116.  Constitutional  amendments and questions; publication of by
state board of elections and secretary of state.  1.  The  secretary  of
state  shall  cause  each concurrent resolution of the two houses of the
legislature agreeing to a proposed amendment to  the  constitution  that
has  been  referred  to the legislature to be chosen at the next general
election to be [published] POSTED ON ITS WEBSITE at least once  in  each
of  the  three  months  next preceding such election. Such [publication]
POSTING shall include the information that such amendment  has  been  so
referred.
  2.  The  state  board of elections shall [publish] POST ON ITS WEBSITE
once in the week preceding any election at which proposed constitutional
amendments or other propositions or questions are to be submitted to the
voters of the state an abstract of such amendment or question,  a  brief
statement  of  the  law  or  proceedings  authorizing such submission, a
statement that such submission will be made and the form in which it  is
to be submitted.
  [3.  Publication  required by subdivision two of this section shall be
in one newspaper of general circulation in each county.]
  S 4. This act shall take effect April 1, 2011.

                                 PART G

  Intentionally omitted.

                                 PART H

  Section 1. Paragraph (f) of subdivision 1 of section 169 of the execu-
tive law, as separately amended by section 11 of part A-1 and section 10

S. 2807--B                         12

of part O of chapter 56 of the laws of  2010,  is  amended  to  read  as
follows:
  (f) executive director of adirondack park agency, commissioners of the
state  liquor  authority,  [commissioners  of  the  state  civil service
commission,] members of state commission of correction, members of unem-
ployment insurance appeal board, and members  of  the  workers'  compen-
sation board.
  S  2. Paragraph (a) of subdivision 2 of section 5 of the civil service
law, as amended by chapter 248 of the laws of 1960, is amended  to  read
as follows:
  (a)  Appointment.  The state civil service commission is continued and
shall consist of three commissioners  who  shall  be  appointed  by  the
governor,  by  and  with  the advice and consent of the senate, not more
than two of whom shall be adherents of the  same  political  party.  The
governor  shall  designate  one  of  the members of the commission to be
president of the commission and such member shall serve in the  capacity
of  president during the pleasure of the governor. The members shall not
hold any other public office or public employment for which  they  shall
receive  compensation  other  than  necessary  travel and other expenses
incurred in the performance of  the  duties  of  such  other  office  or
employment,  or engage in private employment or in a profession or busi-
ness which interferes with the performance of their duties  or  requires
their  disqualification from the performance of such duties because of a
conflict of interests caused thereby.  THE COMMISSIONERS OTHER THAN  THE
PRESIDENT  OF  THE  COMMISSION  SHALL,  WHEN  PERFORMING THE WORK OF THE
COMMISSION, BE COMPENSATED AT THE RATE OF TWO HUNDRED FIFTY DOLLARS  PER
DAY,  TOGETHER  WITH  AN  ALLOWANCE  FOR  ACTUAL  AND NECESSARY EXPENSES
INCURRED IN THE DISCHARGE OF THEIR DUTIES HEREUNDER.  THE  PRESIDENT  OF
THE COMMISSION SHALL RECEIVE AN ANNUAL SALARY ESTABLISHED IN SECTION ONE
HUNDRED  SIXTY-NINE  OF  THE  EXECUTIVE LAW. No member shall serve as an
officer of any political party or political organization  or  engage  in
partisan political activities.
  S  3.  This  act  shall  take  effect  immediately, and shall apply to
current members of the civil service commission.

                                 PART I

  Section 1. Clause 2 of subparagraph (viii) of paragraph a of  subdivi-
sion  10 of section 54 of the state finance law, as amended by section 1
of part Z of chapter 56 of the laws of  2010,  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 AND CHAPTER THREE  HUNDRED  THIRTEEN  OF
THE LAWS OF TWO THOUSAND TEN, excluding any deficit reduction adjustment
pursuant  to  paragraph  e-1  of  this  subdivision, plus any additional
apportionments received in such year pursuant to  paragraph  d  of  this
subdivision  and any per capita adjustments received in such year pursu-
ant to paragraph e of this subdivision [plus any additional aid received
in such year pursuant to paragraph p of this subdivision].
  S 2. Paragraph b of subdivision 10 of section 54 of the state  finance
law is amended by adding a new subparagraph (iv) to read as follows:
  (IV)  NOTWITHSTANDING  SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH,  WITHIN
AMOUNTS APPROPRIATED IN THE STATE FISCAL YEAR  COMMENCING  APRIL  FIRST,
TWO THOUSAND ELEVEN, THERE SHALL BE APPORTIONED AND PAID TO EACH MUNICI-

S. 2807--B                         13

PALITY  A  BASE  LEVEL  GRANT  IN  AN AMOUNT EQUAL TO THE PRIOR YEAR AID
RECEIVED BY SUCH MUNICIPALITY MINUS A BASE LEVEL GRANT ADJUSTMENT  EQUAL
TO TWO PERCENT OF SUCH PRIOR YEAR AID.
  S  3. Paragraph i of subdivision 10 of section 54 of the state finance
law is amended by adding a new subparagraph (viii) to read as follows:
  (VIII) NOTWITHSTANDING SUBPARAGRAPH (I)  OF  THIS  PARAGRAPH,  IN  THE
STATE  FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND ELEVEN, THE BASE
LEVEL GRANT ADJUSTMENT PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH  B  OF
THIS SUBDIVISION SHALL BE MADE ON OR BEFORE SEPTEMBER TWENTY-FIFTH FOR A
TOWN OR VILLAGE, ON OR BEFORE DECEMBER FIFTEENTH FOR A CITY WHOSE FISCAL
YEAR  BEGINS  JANUARY FIRST, AND ON OR BEFORE MARCH FIFTEENTH FOR A CITY
WHOSE FISCAL YEAR DOES NOT BEGIN JANUARY FIRST.
  S 4. Paragraph j of subdivision 10 of section 54 of the state  finance
law,  as  amended  by  section  4 of part Z of chapter 56 of the laws of
2010, 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
[years] YEAR commencing April first, two thousand nine [and April first,
two thousand eleven, and in each state fiscal year thereafter],  a  city
with a population of one million or more shall receive three hundred one
million  six  hundred  fifty-eight  thousand  four  hundred  ninety-five
dollars payable on or before December fifteenth.   IN THE  STATE  FISCAL
YEAR  COMMENCING  APRIL  FIRST,  TWO  THOUSAND TWELVE, AND IN EACH STATE
FISCAL YEAR THEREAFTER, A CITY WITH A POPULATION OF ONE MILLION OR  MORE
SHALL RECEIVE THREE HUNDRED ONE MILLION SIX HUNDRED FIFTY-EIGHT THOUSAND
FOUR   HUNDRED   NINETY-FIVE  DOLLARS  PAYABLE  ON  OR  BEFORE  DECEMBER
FIFTEENTH. Special aid and incentives for municipalities to the city  of
New York shall be apportioned and paid as required as follows:
  (i)   Any   amounts  required  to  be  paid  to  the  city  university
construction fund pursuant to the city university construction fund act;
  (ii) Any amounts required to be paid to  the  New  York  city  housing
development  corporation  pursuant to the New York city housing develop-
ment corporation act;
  (iii) Five hundred thousand dollars to the chief fiscal officer of the
city of New York for payment to the trustees of the police pension  fund
of such city;
  (iv)  Eighty  million dollars to the special account for the municipal
assistance corporation for the city of New York in the municipal assist-
ance tax fund created pursuant to section ninety-two-d of  this  chapter
to  the  extent  that  such  amount  has  been included by the municipal
assistance corporation for the city of New York in any  computation  for
the  issuance  of bonds on a parity with outstanding bonds pursuant to a
contract with the holders of such bonds prior to  the  issuance  of  any
other  bonds  secured  by  payments from the municipal assistance corpo-
ration for the city of New York in the municipal  assistance  state  aid
fund created pursuant to section ninety-two-e of this chapter;
  (v)  The  balance  of the special account for the municipal assistance
corporation for the city of New York in the municipal  assistance  state
aid fund created pursuant to section ninety-two-e of this chapter;

S. 2807--B                         14

  (vi)  Any  amounts  to be refunded to the general fund of the state of
New York pursuant to the annual appropriation enacted for the  municipal
assistance state aid fund;
  (vii)  To  the  state  of  New  York municipal bond bank agency to the
extent provided by section twenty-four hundred thirty-six of the  public
authorities law; and
  (viii)  To  the  transit  construction  fund to the extent provided by
section twelve hundred twenty-five-i of the public authorities law,  and
thereafter to the city of New York.
Notwithstanding  any  other  law to the contrary, the amount paid to any
city with a population of one million or  more  on  or  before  December
fifteenth  shall  be  for  an  entitlement period ending the immediately
preceding June thirtieth.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after April 1, 2011; provided
that sections two and three of this  act  shall  expire  and  be  deemed
repealed March 31, 2012.

                                 PART J

  Section 1. Section 54-l of the state finance law is REPEALED and a new
section 54-l is added to read as follows:
  S  54-L.  STATE  ASSISTANCE  TO  ELIGIBLE  CITIES AND ELIGIBLE MUNICI-
PALITIES IN WHICH A VIDEO LOTTERY GAMING FACILITY IS LOCATED.  1.  DEFI-
NITIONS.  WHEN USED IN THIS SECTION, UNLESS OTHERWISE EXPRESSLY STATED:
  A.  "ELIGIBLE  CITY"  SHALL  MEAN 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.
  B.  "ELIGIBLE MUNICIPALITY" SHALL MEAN 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 THOU-
SAND.
  2.  A.  WITHIN  AMOUNTS APPROPRIATED THEREFOR, AN ELIGIBLE CITY AND AN
ELIGIBLE MUNICIPALITY  SHALL  RECEIVE  AN  AMOUNT  EQUAL  TO  FORTY-FIVE
PERCENT  OF  THE  STATE  AID  PAYMENT  RECEIVED IN THE STATE FISCAL YEAR
COMMENCING APRIL FIRST, TWO THOUSAND EIGHT, EXCEPT AS PROVIDED IN  PARA-
GRAPH B OF THIS SUBDIVISION.
  B.  WHERE  THE  AMOUNT  OF CREDITS PLAYED PER MONTH AT A VIDEO LOTTERY
GAMING FACILITY AVERAGES MORE THAN  FOUR  HUNDRED  MILLION  DOLLARS  PER
MONTH  DURING  THE  PRECEDING  STATE  FISCAL  YEAR, THE ELIGIBLE CITY OR
ELIGIBLE MUNICIPALITY IN WHICH SUCH VIDEO  LOTTERY  GAMING  FACILITY  IS
LOCATED  SHALL RECEIVE AN AMOUNT EQUAL TO FIFTY PERCENT OF THE STATE AID
PAYMENT AUTHORIZED BY THIS PARAGRAPH.
  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. 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

S. 2807--B                         15

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.

                                 PART K

  Section  1.  The paragraph heading 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:
  Local  government  efficiency  grant  program  beginning  in the state
fiscal year commencing April first, two thousand  eight  AND  CONTINUING
UNTIL THE END OF THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOU-
SAND TEN.
  S 2.  Paragraph p of subdivision 10 of section 54 of the state finance
law,  as  amended  by  section 6 of part GG of chapter 56 of the laws of
2009, is amended to read as follows:
  p. [Local government efficiency grant program municipal merger  incen-
tives]  CITIZEN  EMPOWERMENT  TAX CREDIT.   (I) For the purposes of this
paragraph, "municipalities" shall mean cities  with  a  population  less
than one million, towns [and], villages AND SCHOOL DISTRICTS.
  (II)  Within the annual amounts appropriated therefor, surviving muni-
cipalities following a [merger,] consolidation or dissolution  occurring
on  or  after the state fiscal year commencing April first, two thousand
seven [may] SHALL be awarded additional  ANNUAL  aid,  STARTING  in  the
state  fiscal  year following THE STATE FISCAL YEAR IN WHICH such [merg-
er,] consolidation or dissolution TOOK EFFECT, equal to fifteen  percent
of the combined amount of real property taxes levied by all of the muni-
cipalities  participating  in the [merger,] consolidation or dissolution
in the local fiscal year prior to the local fiscal year  in  which  such
[merger,]  consolidation or dissolution took effect. 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.  IN  NO CASE SHALL THE ADDITIONAL AID PURSUANT TO THIS PARAGRAPH
EXCEED ONE MILLION DOLLARS. Such additional aid shall be apportioned and
paid to the chief fiscal officer of each [consolidated or merged] ELIGI-
BLE municipality ON OR BEFORE SEPTEMBER TWENTY-FIFTH OF EACH SUCH  STATE
FISCAL  YEAR 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) Any municipality receiving a [merger  incentive  award]  CITIZEN
EMPOWERMENT  TAX  CREDIT  pursuant  to this paragraph shall use AT LEAST
SEVENTY PERCENT OF such aid [only]  FOR  PROPERTY  TAX  RELIEF  AND  THE
BALANCE  OF  SUCH  AID for general municipal purposes. [In no case shall
the additional  aid  pursuant  to  this  paragraph  exceed  one  million
dollars.  Such  additional aid shall in subsequent state fiscal years be

S. 2807--B                         16

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.] FOR EACH LOCAL FISCAL  YEAR  FOLLOWING
THE  EFFECTIVE  DATE  OF  THE CHAPTER OF THE LAWS OF TWO THOUSAND ELEVEN
WHICH AMENDED THIS PARAGRAPH IN WHICH SUCH AID IS PAYABLE,  A  STATEMENT
SHALL  BE  PLACED  ON  EACH  PROPERTY  TAX BILL FOR SUCH MUNICIPALITY IN
SUBSTANTIALLY THE FOLLOWING FORM: "YOUR PROPERTY TAX SAVINGS  THIS  YEAR
RESULTING  FROM THE STATE CITIZEN EMPOWERMENT TAX CREDIT RECEIVED AS THE
RESULT OF LOCAL GOVERNMENT RE-ORGANIZATION IS $______." THE PROPERTY TAX
SAVINGS FROM THE CITIZEN EMPOWERMENT TAX CREDIT FOR  EACH  PROPERTY  TAX
BILL  SHALL  BE  CALCULATED BY (1) MULTIPLYING THE AMOUNT OF THE CITIZEN
EMPOWERMENT TAX CREDIT USED FOR PROPERTY TAX RELIEF  BY  THE  AMOUNT  OF
PROPERTY  TAXES  LEVIED  ON  SUCH  PROPERTY BY SUCH MUNICIPALITY AND (2)
DIVIDING THE RESULT BY THE TOTAL AMOUNT OF PROPERTY TAXES LEVIED BY SUCH
MUNICIPALITY.
  S 3. Paragraph q of subdivision 10 of section 54 of the state  finance
law  is  relettered  paragraph t and three new paragraphs q, r and s are
added to read follows:
  Q.  LOCAL  GOVERNMENT  CITIZENS  RE-ORGANIZATION   EMPOWERMENT   GRANT
PROGRAM.  (I)  (1) FOR THE PURPOSES OF THIS PARAGRAPH, "LOCAL GOVERNMENT
ENTITY" OR "ENTITY"  SHALL  MEAN  A  TOWN,  VILLAGE,  DISTRICT,  SPECIAL
IMPROVEMENT  DISTRICT  OR OTHER IMPROVEMENT DISTRICT, INCLUDING, BUT NOT
LIMITED TO, SPECIAL  DISTRICTS  CREATED  PURSUANT  TO  ARTICLES  ELEVEN,
TWELVE,  TWELVE-A  OR  THIRTEEN  OF THE TOWN LAW, LIBRARY DISTRICTS, AND
OTHER DISTRICTS CREATED BY LAW; PROVIDED, HOWEVER, THAT A LOCAL  GOVERN-
MENT  ENTITY  SHALL  NOT  INCLUDE  SCHOOL  DISTRICTS,  CITY DISTRICTS OR
SPECIAL PURPOSE DISTRICTS CREATED BY COUNTIES UNDER COUNTY LAW.
  (2) FOR THE PURPOSES OF THIS PARAGRAPH, "LOCAL GOVERNMENT RE-ORGANIZA-
TION" SHALL MEAN THE CONSOLIDATION OR DISSOLUTION OF A LOCAL  GOVERNMENT
ENTITY  IN  ACCORDANCE WITH ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL
LAW.
  (II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
STATE MAY AWARD GRANTS TO LOCAL GOVERNMENT ENTITIES TO COVER COSTS ASSO-
CIATED WITH STUDIES, PLANS, AND IMPLEMENTATION EFFORTS RELATED TO  LOCAL
GOVERNMENT RE-ORGANIZATION ACTIVITIES.
  (III)  STUDY  PROJECTS  SHALL  INCLUDE AN EXAMINATION OF THE POTENTIAL
FINANCIAL SAVINGS, MANAGEMENT IMPROVEMENTS, AND SERVICE DELIVERY CHANGES
RESULTING FROM A LOCAL GOVERNMENT RE-ORGANIZATION, AS  WELL  AS  OPTIONS
FOR COST-SAVINGS IF THE RE-ORGANIZATION IS NOT COMPLETED.
  (IV)  LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT GRANTS MAY
BE USED TO COVER COSTS INCLUDING, BUT NOT LIMITED TO, LEGAL AND CONSULT-
ANT SERVICES, CAPITAL IMPROVEMENTS,  TRANSITIONAL  PERSONNEL  COSTS  AND
OTHER  NECESSARY  EXPENSES RELATED TO RE-ORGANIZATION ANALYSIS, PLANNING
AND IMPLEMENTATION. GRANTS MAY BE USED FOR CAPITAL IMPROVEMENTS, TRANSI-
TIONAL PERSONNEL COSTS OR JOINT  EQUIPMENT  PURCHASES  ONLY  WHERE  SUCH
EXPENSES  ARE INTEGRAL TO IMPLEMENTATION OF THE RE-ORGANIZATION. NO PART
OF THE GRANT SHALL BE USED BY THE APPLICANT FOR RECURRING EXPENSES  SUCH
AS  SALARIES, EXCEPT THAT THE SALARIES OF CERTAIN TRANSITIONAL PERSONNEL
ESSENTIAL FOR THE IMPLEMENTATION OF THE RE-ORGANIZATION SHALL BE  ELIGI-
BLE FOR A PERIOD NOT TO EXCEED THREE YEARS.
  (V) WHERE THE ELECTORS OF A LOCAL GOVERNMENT ENTITY HAVE FILED A PETI-
TION  PURSUANT  TO ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL LAW THAT
WILL REQUIRE A REFERENDUM ON THE QUESTION OF  CONSOLIDATION  OR  DISSOL-
UTION  OF THE LOCAL GOVERNMENT ENTITY, SUCH LOCAL GOVERNMENT ENTITY WILL
BE ELIGIBLE FOR AN EXPEDITED GRANT TO COVER COSTS  ASSOCIATED  WITH  THE
DEVELOPMENT  AND DISSEMINATION TO THE ELECTORS OF INFORMATION RELATED TO

S. 2807--B                         17

THE RE-ORGANIZATION QUESTION BEFORE SUCH REFERENDUM.  THE  SECRETARY  OF
STATE  SHALL  DEVELOP PROCESSES THAT WILL PERMIT EXPEDITED FINANCIAL AND
TECHNICAL ASSISTANCE TO SUCH LOCAL GOVERNMENT  ENTITIES,  INCLUDING  BUT
NOT  LIMITED  TO  PRE-QUALIFIED CONSULTANTS, DIRECT TECHNICAL ASSISTANCE
FROM PROGRAM STAFF AND PRE-ESTABLISHED WORK PLANS.
  (VI) THE MAXIMUM CUMULATIVE GRANT AWARD FOR A LOCAL GOVERNMENT  RE-OR-
GANIZATION  SHALL  NOT  EXCEED  ONE  HUNDRED  THOUSAND  DOLLARS. A LOCAL
GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT GRANT FOR A RE-ORGANIZA-
TION STUDY SHALL IN NO EVENT EXCEED FIFTY THOUSAND DOLLARS PER  APPLICA-
TION,  OF  WHICH UP TO TWENTY-FIVE THOUSAND DOLLARS MAY BE AWARDED ON AN
EXPEDITED BASIS. A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT
GRANT FOR THE PLANNING OR IMPLEMENTATION OF A RE-ORGANIZATION SHALL  NOT
EXCEED  FIFTY  THOUSAND  DOLLARS. IN NO EVENT SHALL THE CUMULATIVE GRANT
AWARDS FOR A LOCAL GOVERNMENT RE-ORGANIZATION EXCEED ONE  HUNDRED  THOU-
SAND DOLLARS.
  (VII)  MATCHING FUNDS EQUAL TO TEN PERCENT OF THE TOTAL COST OF ACTIV-
ITIES UNDER THE GRANT WORK PLAN APPROVED  BY  THE  DEPARTMENT  OF  STATE
SHALL BE REQUIRED.
  R.  LOCAL  GOVERNMENT  EFFICIENCY GRANT PROGRAM BEGINNING IN THE STATE
FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND ELEVEN. (I) (1) FOR THE
PURPOSES OF THIS PARAGRAPH, "MUNICIPALITY" SHALL MEAN  A  COUNTY,  CITY,
TOWN,  VILLAGE,  SPECIAL  IMPROVEMENT  DISTRICT,  FIRE  DISTRICT, PUBLIC
LIBRARY, ASSOCIATION LIBRARY, WATER AUTHORITY, SEWER AUTHORITY, REGIONAL
PLANNING AND DEVELOPMENT BOARD, SCHOOL DISTRICT, OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES; PROVIDED, HOWEVER, THAT FOR THE PURPOSES  OF  THIS
DEFINITION, A BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE CONSID-
ERED  A  MUNICIPALITY  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  ADDI-
TIONAL STATE AID; SHALL BE DEEMED NOT TO BE A PART OF THE PROGRAM, CAPI-
TAL  AND  ADMINISTRATIVE BUDGETS OF THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES FOR THE PURPOSES OF COMPUTING  CHARGES  UPON  COMPONENT  SCHOOL
DISTRICTS  PURSUANT  TO  SUBDIVISION ONE AND SUBPARAGRAPH SEVEN OF PARA-
GRAPH B OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY AND SUBDI-
VISION ONE OF SECTION NINETEEN HUNDRED FIFTY-ONE OF THE  EDUCATION  LAW;
AND  SHALL  BE DEEMED TO BE A COOPERATIVE MUNICIPAL SERVICE FOR PURPOSES
OF SUBPARAGRAPH TWO OF PARAGRAPH D OF SUBDIVISION FOUR OF SECTION  NINE-
TEEN HUNDRED FIFTY OF THE EDUCATION LAW.
  (2)  FOR  THE  PURPOSES  OF THIS PARAGRAPH, "FUNCTIONAL CONSOLIDATION"
SHALL MEAN ONE MUNICIPALITY COMPLETELY PROVIDING A SERVICE  OR  FUNCTION
FOR ANOTHER MUNICIPALITY, WHICH NO LONGER PROVIDES SUCH SERVICE OR FUNC-
TION.
  (II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
STATE  MAY  AWARD  COMPETITIVE  GRANTS  TO MUNICIPALITIES TO COVER COSTS
ASSOCIATED WITH LOCAL GOVERNMENT EFFICIENCY PROJECTS, INCLUDING, BUT NOT
LIMITED TO, PLANNING FOR OR IMPLEMENTATION OF A MUNICIPAL  CONSOLIDATION
OR  DISSOLUTION,  A  FUNCTIONAL  CONSOLIDATION, A CITY OR COUNTY CHARTER
REVISION THAT INCLUDES FUNCTIONAL CONSOLIDATION, SHARED  OR  COOPERATIVE
SERVICES, AND REGIONALIZED DELIVERY OF SERVICES; PROVIDED, HOWEVER, THAT
SUCH  LOCAL GOVERNMENT EFFICIENCY PROJECTS MUST DEMONSTRATE NEW OPPORTU-
NITIES FOR FINANCIAL SAVINGS  AND  OPERATIONAL  EFFICIENCIES;  PROVIDED,
FURTHER,  THAT  ELIGIBLE  LOCAL GOVERNMENT EFFICIENCY PROJECTS SHALL NOT
INCLUDE STUDIES AND PLANS FOR A LOCAL GOVERNMENT RE-ORGANIZATION  ELIGI-
BLE  TO  RECEIVE A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT

S. 2807--B                         18

GRANT PURSUANT TO PARAGRAPH Q OF  THIS  SUBDIVISION.  THE  SECRETARY  OF
STATE  MAY  FOCUS THE GRANT PROGRAM IN SPECIFIC FUNCTIONAL AREAS, WITHIN
DISTRESSED COMMUNITIES AND AREAS OF HISTORICALLY HIGH  LOCAL  GOVERNMENT
COSTS  AND  PROPERTY  TAXES, OR IN AREAS OF UNIQUE OPPORTUNITY, IN WHICH
CASE SUCH AREAS OF FOCUS SHALL BE DETAILED IN  A  REQUEST  FOR  APPLICA-
TIONS.
  (III)  ANY  APPROVED PROJECT SHALL INCLUDE AN EXAMINATION OF FINANCIAL
SAVINGS, RETURN ON PUBLIC INVESTMENT AND MANAGEMENT IMPROVEMENTS RESULT-
ING FROM PROJECT IMPLEMENTATION.
  (IV) LOCAL GOVERNMENT EFFICIENCY GRANTS MAY BE  USED  TO  COVER  COSTS
INCLUDING,  BUT  NOT  LIMITED TO, LEGAL AND CONSULTANT SERVICES, CAPITAL
IMPROVEMENTS, TRANSITIONAL PERSONNEL COSTS AND OTHER NECESSARY  EXPENSES
RELATED  TO  IMPLEMENTING THE APPROVED LOCAL GOVERNMENT EFFICIENCY GRANT
WORK PLAN. GRANTS MAY BE USED  FOR  CAPITAL  IMPROVEMENTS,  TRANSITIONAL
PERSONNEL  COSTS  OR  JOINT EQUIPMENT PURCHASES ONLY WHERE SUCH EXPENSES
ARE INTEGRAL  TO  IMPLEMENTATION  OF  THE  LOCAL  GOVERNMENT  EFFICIENCY
PROJECT.  NO PART OF THE GRANT SHALL BE USED BY THE APPLICANT FOR RECUR-
RING EXPENSES SUCH AS SALARIES, EXCEPT  THAT  THE  SALARIES  OF  CERTAIN
TRANSITIONAL  PERSONNEL ESSENTIAL FOR THE IMPLEMENTATION OF THE APPROVED
LOCAL GOVERNMENT EFFICIENCY GRANT WORK PLAN  SHALL  BE  ELIGIBLE  FOR  A
PERIOD  NOT  TO  EXCEED  THREE  YEARS.  THE  AMOUNTS AWARDED TO A SCHOOL
DISTRICT PURSUANT TO THIS SUBPARAGRAPH SHALL  NOT  BE  INCLUDED  IN  THE
APPROVED  OPERATING  EXPENSE  OF THE SCHOOL DISTRICT AS DEFINED IN PARA-
GRAPH T OF SUBDIVISION ONE OF SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THE
EDUCATION LAW.
  (V)  THE  MAXIMUM  CUMULATIVE GRANT AWARD FOR A LOCAL GOVERNMENT EFFI-
CIENCY PROJECT SHALL NOT EXCEED TWO HUNDRED THOUSAND DOLLARS PER MUNICI-
PALITY; PROVIDED, HOWEVER, THAT IN NO CASE SHALL SUCH A PROJECT  RECEIVE
A  CUMULATIVE  GRANT AWARD IN EXCESS OF ONE MILLION DOLLARS. THE MAXIMUM
GRANT AWARD FOR A LOCAL GOVERNMENT EFFICIENCY PLANNING PROJECT,  OR  THE
PLANNING  COMPONENT  OF A PROJECT THAT INCLUDES BOTH PLANNING AND IMPLE-
MENTATION OF A LOCAL GOVERNMENT EFFICIENCY  PROJECT,  SHALL  NOT  EXCEED
TWENTY-FIVE  THOUSAND  DOLLARS PER MUNICIPALITY; PROVIDED, HOWEVER, THAT
IN NO EVENT SHALL SUCH A PLANNING  PROJECT  RECEIVE  A  GRANT  AWARD  IN
EXCESS OF TWO HUNDRED THOUSAND DOLLARS.
  (VI)  LOCAL  MATCHING  FUNDS EQUAL TO TEN PERCENT OF THE TOTAL COST OF
ACTIVITIES UNDER THE GRANT WORK PLAN APPROVED BY THE DEPARTMENT OF STATE
SHALL BE REQUIRED. IN THE  EVENT AN APPLICANT IS IMPLEMENTING A  PROJECT
THAT  THE  APPLICANT DEVELOPED THROUGH A SUCCESSFULLY COMPLETED PLANNING
GRANT FUNDED UNDER THE LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM OR  THE
SHARED  MUNICIPAL  SERVICES  INCENTIVE GRANT PROGRAM, THE LOCAL MATCHING
FUNDS REQUIRED SHALL BE REDUCED BY THE LOCAL MATCHING FUNDS REQUIRED  BY
SUCH SUCCESSFULLY COMPLETED PLANNING GRANT.
  (VII)  IN  THE SELECTION OF GRANT AWARDS, THE SECRETARY OF STATE SHALL
GIVE THE HIGHEST PRIORITY TO APPLICATIONS: (1) THAT WOULD RESULT IN  THE
DISSOLUTION OR CONSOLIDATION OF MUNICIPALITIES; (2) THAT WOULD IMPLEMENT
THE  COMPLETE FUNCTIONAL CONSOLIDATION OF A MUNICIPAL SERVICE; OR (3) BY
LOCAL GOVERNMENTS WITH HISTORICALLY HIGH COSTS OF  LOCAL  GOVERNMENT  OR
SUSTAINED  INCREASES  IN  PROPERTY TAXES. PRIORITY WILL ALSO BE GIVEN TO
MUNICIPALITIES THAT HAVE PREVIOUSLY COMPLETED A PLANNING GRANT  PURSUANT
TO  THIS  PROGRAM  OR  THE  SHARED  MUNICIPAL  SERVICES  INCENTIVE GRANT
PROGRAM, AND TO LOCAL GOVERNMENTS CURRENTLY INVOLVED IN REGIONAL  DEVEL-
OPMENT  PROJECTS  THAT  HAVE  RECEIVED FUNDS THROUGH STATE COMMUNITY AND
INFRASTRUCTURE DEVELOPMENT PROGRAMS.
  (VIII) THE DEPARTMENT OF STATE SHALL PREPARE AN ANNUAL REPORT  TO  THE
GOVERNOR  AND  THE LEGISLATURE ON THE EFFECTIVENESS OF THE LOCAL GOVERN-

S. 2807--B                         19

MENT EFFICIENCY GRANT PROGRAM AND THE LOCAL GOVERNMENT  CITIZENS  RE-OR-
GANIZATION  EMPOWERMENT  GRANT PROGRAM. SUCH REPORT SHALL BE PROVIDED ON
OR BEFORE OCTOBER FIRST OF EACH YEAR  AND  SHALL  INCLUDE,  BUT  NOT  BE
LIMITED TO, THE FOLLOWING: A SUMMARY OF APPLICATIONS AND AWARDS FOR EACH
GRANT  CATEGORY,  AN  ASSESSMENT OF PROGRESS IN IMPLEMENTING INITIATIVES
THAT RECEIVED GRANT AWARDS, AND ESTIMATED FINANCIAL SAVINGS AND  SIGNIF-
ICANT  IMPROVEMENTS  IN  SERVICE  REALIZED  BY  MUNICIPALITIES THAT HAVE
RECEIVED GRANTS.
  S. LOCAL GOVERNMENT PERFORMANCE  AND  EFFICIENCY  PROGRAM.  (I)  DEFI-
NITIONS.   FOR THE PURPOSES OF THIS PARAGRAPH, "MUNICIPALITY" SHALL MEAN
A COUNTY, CITY, TOWN, OR VILLAGE, BUT SHALL NOT INCLUDE  THE  INDIVIDUAL
COUNTIES CONTAINED IN THE CITY OF NEW YORK.
  (II) PURPOSE.  THERE IS HEREBY ESTABLISHED A LOCAL GOVERNMENT PERFORM-
ANCE AND EFFICIENCY PROGRAM. THE PURPOSE OF THIS PROGRAM IS TO RECOGNIZE
MUNICIPALITIES  THAT  HAVE UNDERTAKEN SIGNIFICANT AND INNOVATIVE ACTIONS
TO IMPROVE THE OVERALL EFFICIENCY OF GOVERNMENTAL OPERATIONS AND PRODUCE
QUANTIFIABLE RECURRING FINANCIAL SAVINGS THAT REDUCE THE  MUNICIPAL  TAX
BURDEN ON RESIDENTS.
  (III)  ELIGIBILITY.  ALL MUNICIPALITIES IN NEW YORK STATE ARE ELIGIBLE
TO APPLY INDIVIDUALLY OR JOINTLY, PROVIDED HOWEVER THAT IF AN ACTION WAS
UNDERTAKEN JOINTLY,  MUNICIPALITIES  MUST  APPLY  JOINTLY  FOR  SUCH  AN
ACTION.  THE  ACTIONS FOR WHICH THEY APPLY MUST ALREADY HAVE BEEN IMPLE-
MENTED.
  (IV) USE OF AWARDS. AWARDS RECEIVED PURSUANT TO THE PROGRAM  SHALL  BE
USED BY MUNICIPALITIES FOR GENERAL MUNICIPAL PURPOSES.
  (V)  APPLICATION.  THE SECRETARY OF STATE SHALL DEVELOP AN APPLICATION
FOR MUNICIPALITIES SEEKING TO RECEIVE AWARDS AND A PROCESS BY WHICH  THE
APPLICATIONS  WILL  BE EVALUATED. SUCH APPLICATION SHALL REQUIRE MUNICI-
PALITIES TO DEMONSTRATE HOW THE ACTION FOR WHICH THEY HAVE  APPLIED  HAS
RESULTED  IN QUANTIFIABLE RECURRING SAVINGS, EFFICIENCIES, AND PERMANENT
IMPROVEMENTS TO MUNICIPAL SERVICES. THE SECRETARY OF STATE MAY FOCUS THE
PROGRAM IN SPECIFIC FUNCTIONAL SERVICE AREAS, IN WHICH CASE  SUCH  AREAS
OF FOCUS SHALL BE DETAILED IN A REQUEST FOR APPLICATIONS. NO APPLICATION
SHALL  BE  CONSIDERED FOR ACTIONS THAT COMMENCED PRIOR TO JANUARY FIRST,
TWO THOUSAND TEN.
  (VI) AWARDS. THE SECRETARY OF STATE  MAY  MAKE  AWARDS  TO  APPLICANTS
BASED  ON  FACTORS  INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF CURRENT
AND FUTURE SAVINGS, THE IMPACT OF SUCH ACTION UPON THE MUNICIPAL PROPER-
TY TAX LEVY, THE SIZE AND COMPLEXITY OF THE ACTION, AND THE ABILITY  FOR
THE  ACTION  TO BE REPLICATED BY OTHER MUNICIPALITIES. AWARDS SHALL ONLY
BE MADE TO MUNICIPALITIES FOR ACTIONS THAT HAVE BEEN FULLY  IMPLEMENTED,
THAT CLEARLY RESULTED IN QUANTIFIABLE SAVINGS AND EFFICIENCIES, AND THAT
PRODUCED PERMANENT AND QUANTIFIABLE IMPROVEMENTS TO MUNICIPAL EFFICIENCY
OR SERVICES. THE MAXIMUM AMOUNT AWARDED PER APPLICATION SHALL NOT EXCEED
THE  LESSER  OF FIVE MILLION DOLLARS OR TWENTY-FIVE DOLLARS PER RESIDENT
OF THE APPLYING MUNICIPALITIES AS OF THE MOST RECENT  FEDERAL  DECENNIAL
CENSUS,  PROVIDED,  HOWEVER,  THAT  IF  THE BOUNDARIES OF MUNICIPALITIES
JOINTLY APPLYING FOR SUCH FUNDING OVERLAP, THE RESIDENTS IN  OVERLAPPING
AREAS SHALL ONLY BE COUNTED ONCE, AND PROVIDED, FURTHER, THAT IF A COUN-
TY  JOINTLY  APPLIES  WITH  SOME BUT NOT ALL OF THE OTHER MUNICIPALITIES
THEREIN, ONLY THE RESIDENTS IN SUCH OTHER MUNICIPALITIES SHALL BE COUNT-
ED.
  (VII) REGULATION. THE SECRETARY OF STATE SHALL, PRIOR  TO  THE  ESTAB-
LISHMENT  OF  APPLICATIONS,  PROMULGATE  RULES  AND  REGULATIONS  ON THE
PROGRAM, INCLUDING BUT NOT LIMITED TO  AWARD  ELIGIBILITY  CRITERIA  AND
APPLICATION, REVIEW AND APPROVAL PROCEDURES.

S. 2807--B                         20

  S  4.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.

                                 PART L

  Section  1. Section 4 of chapter 774 of the laws of 1989, amending the
real property tax law relating to certain state lands subject  to  taxa-
tion is amended to read as follows:
  S  4.  The  agreements  referred to in section three of this act shall
[enure] INURE to the benefit of and bind the people of the state of  New
York  in  the  event that the lands which are the subject of said agree-
ments are acquired by the people of the state of New York acting through
the department of environmental conservation. Upon  any  acquisition  of
such   lands  by  the  department  of  environmental  conservation,  the
provisions of section 532 of the real property tax law shall  not  apply
to the lands so acquired but the [taxation thereof] PAYMENTS DUE THEREON
shall be governed by the agreements referred to in section three of this
act  for  the  duration  of  such  agreement. [The] IN THE EVENT THAT NO
SPECIFIC APPROPRIATION SHALL HAVE BEEN MADE FOR THAT PURPOSE, THE AMOUNT
APPROPRIATED FOR PAYMENTS OF TAXES ON STATE LANDS PURSUANT  TO  SECTIONS
532  THROUGH  546 OF THE REAL PROPERTY TAX LAW SHALL BE DEEMED TO ENCOM-
PASS THE STATE'S OBLIGATION  TO  MAKE  THE  PAYMENTS  REQUIRED  BY  THIS
SECTION,  NOTWITHSTANDING  ANY LAW TO THE CONTRARY, THE taxation of such
lands will be governed by such section 532 at such time  as  the  agree-
ments cease to be effective.
  S 2. This act shall take effect immediately.

                                 PART M

  Intentionally omitted.

                                 PART N

  Section  1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision  5
of  section  4  of  the  state finance law to the following funds and/or
accounts:
  1. Tuition reimbursement fund (050):
  a. Tuition reimbursement account (01).
  b. Proprietary vocational school supervision account (02).
  2. Local government records management improvement fund (052):
  a. Local government records management account (01).
  3. Dedicated highway and bridge trust fund (072):
  a. Highway and bridge capital account (01).
  4. State University Residence Hall Rehabilitation Fund (074).
  5. State parks infrastructure trust fund (076):
  a. State parks infrastructure account (01).
  6. Clean water/clean air implementation fund (079).
  7. State lottery fund (160):
  a. Education - New (03).
  b. VLT - Sound basic education fund (06).
  8. Medicaid management information system escrow fund (179).
  9. Federal operating grants fund (290)  federal  capital  grants  fund
291).
  10. Sewage treatment program management and administration fund (300).
  11. Environmental conservation special revenue fund (301):

S. 2807--B                         21

  a. Hazardous bulk storage account (F7).
  b. Utility environmental regulation account (H4).
  c. Low level radioactive waste siting account (K5).
  d. Recreation account (K6).
  e. Conservationist magazine account (S4).
  f. Environmental regulatory account (S5).
  g. Natural resource account (S6).
  h. Mined land reclamation program account (XB).
  i. Federal grants indirect cost recovery account (IC).
  12. Environmental protection and oil spill compensation fund (303).
  13. Hazardous waste remedial fund (312):
  a. Site investigation and construction account (01).
  b. Hazardous waste remedial clean up account (06).
  14. Mass transportation operating assistance fund (313):
  a. Public transportation systems account (01).
  b. Metropolitan mass transportation (02).
  15. Clean air fund (314):
  a. Operating permit program account (01).
  b. Mobile source account (02).
  16. Centralized services fund (323).
  17. State exposition special fund (325).
  18. Agency enterprise fund (331):
  a. OGS convention center account (55).
  19. Agencies internal service fund (334):
  a. Archives records management account (02).
  b. Federal single audit account (05).
  c. Civil service law: sec 11 admin account (09).
  d. Civil service EHS occupational health program account (10).
  e. Banking services account (12).
  f. Cultural resources survey account (14).
  g. Neighborhood work project (17).
  h. Automation & printing chargeback account (18).
  i. OFT NYT account (20).
  j. Data center account (23).
  k. Human service telecom account (24).
  l. Centralized Technology services account (30).
  m. OPWDD copy center account (26).
  n. Intrusion detection account (27).
  o. Domestic violence grant account (28).
  p. Learning management system account.
  20. Miscellaneous special revenue fund (339):
  a. Statewide planning and research cooperative system account (03).
  b. OPWDD provider of service account (05).
  c. New York state thruway authority account (08).
  d. Mental hygiene patient income account (13).
  e. Financial control board account (15).
  f. Regulation of racing account (16).
  g. New York metropolitan transportation council account (17).
  h. Quality of care account (20).
  i. Cyber upgrade account (25).
  j. Certificate of need account (26).
  k. Hospital and nursing home management account (44).
  l. State university dormitory income reimbursable account (47).
  m. Energy research account (60).
  n. Criminal justice improvement account (62).
  o. Fingerprint identification and technology account (68).

S. 2807--B                         22

  p. Environmental laboratory reference fee account (81).
  q. Clinical laboratory reference system assessment account (90).
  r. Public employment relations board account (93).
  s. Radiological health protection account (95).
  t. Teacher certification account (A4).
  u. Banking department account (A5).
  v. Cable television account (A6).
  w. Indirect cost recovery account (AH).
  x. High school equivalency program account (AI).
  y. Rail safety inspection account (AQ).
  z. Child support revenue account (AX).
  aa. Multi-agency training account (AY).
  bb. Critical infrastructure account (B3).
  cc. Insurance department account (B6).
  dd. Bell jar collection account (BJ).
  ee. Industry and utility service account (BK).
  ff. Real property disposition account (BP).
  gg. Parking account (BQ).
  hh. Asbestos safety training program account (BW).
  ii. Public service account (C3).
  jj. Batavia school for the blind account (D9).
  kk. Investment services account (DC).
  ll. Surplus property account (DE).
  mm. OPWDD day services account (DH).
  nn. Financial oversight account (DI).
  oo. Regulation of indian gaming account (DT).
  pp. Special conservation activities account (CU).
  qq. Interest assessment account (DZ).
  rr. Office of the professions account (E3).
  ss. Rome school for the deaf account (E6).
  tt. Seized assets account (E8).
  uu. Administrative adjudication account (E9).
  vv. Federal salary sharing account (EC).
  ww. New York City Assessment Account (EM).
  xx. Cultural education account (EN).
  yy. Examination and miscellaneous revenue account (ER).
  zz. Transportation regulation account (F1).
  aaa. Local services account (G3).
  bbb. DHCR mortgage servicing account (H2).
  ccc. Department of motor vehicles compulsory insurance account (H7).
  ddd. Housing indirect cost recovery account (HI).
  eee. DHCR-HCA application fee account (J5).
  fff. EPIC premium account (J6).
  ggg. Federal gasoline and diesel fuel excise tax account (L6).
  hhh. OTDA income account (L7).
  iii. Low income housing monitoring account (NG).
  jjj. Procurement opportunities newsletter account (P4).
  kkk. Corporation administration account (P6).
  lll. Montrose veteran's home account (Q6).
  mmm. Excelsior capital corporation reimbursement account (R1).
  nnn. Motor fuel quality account (R4).
  ooo. Deferred compensation administration account (R7).
  ppp. Rent revenue other account (RR).
  qqq. Rent revenue account (S8).
  rrr. Tax revenue arrearage account (TR).
  sss. Solid waste management account (W3).

S. 2807--B                         23

  ttt. Occupational health clinics account (W4).
  uuu. Capacity contracting (XU).
  vvv. Administrative cost recovery -
       tax return preparer registration fee account (Y8).
  www. Sales tax re-registration fee account (YD).
  xxx. Equitable sharing agreement account (YP).
  yyy. Point insurance reduction program account.
  zzz. Internet point insurance reduction program account.
  aaaa. Mental hygiene program fund account (10).
  bbbb. Third party debt collection account.
  cccc. Regulation of manufactured housing account (CM).
  dddd. Business and licensing services account (A6).
  eeee. Consumer protection account (F2).
  21. State university income fund (345):
  a. State university general income offset account (11).
  22. State police and motor vehicle law enforcement fund (354):
  a. State police motor vehicle law enforcement account (02).
  23. Youth facilities improvement fund (357):
  a. Youth facilities improvement account (01).
  24. Highway safety program fund (362):
  a. Highway safety program account (01).
  25. Drinking water program management and administration fund (366):
  a. EFC drinking water program account (01).
  b. DOH drinking water program account (02).
  26. New York city county clerks offset fund (368):
  a. NYCCC operating offset account (01).
  27. Housing assistance fund (374).
  28. Housing program fund (376).
  29. Department of transportation - engineering services fund (380):
  a. Highway facility purpose account (01).
  30. Miscellaneous capital projects fund (387):
  a. Clean air capital account (08).
  b. New York racing account.
  31. Mental hygiene facilities capital improvement fund (389).
  32. Joint labor/management administration fund (394):
  a. Joint labor/management administration fund (01).
  33. Audit and control revolving fund (395):
  a. Executive direction internal audit account (04).
  b. CIO Information technology centralized services account.
  34. Health insurance internal service fund (396):
  a. Health insurance internal service account (00).
  b. Civil service employee benefits div admin (01).
  35. Correctional industries revolving fund (397).
  36. Correctional facilities capital improvement fund (399).
  37. HCRA resources fund (061):
  a. EPIC premium account (J6).
  b. Hospital based grants program account (AF).
  c. 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).

S. 2807--B                         24

  3. Federal education grants fund (267).
  4. Federal block grant fund (269).
  5. Federal operating grants fund (290).
  6. Federal capital projects fund (291).
  7. Federal unemployment insurance administration fund (480).
  8. Federal unemployment insurance occupational training fund (484).
  9. Federal employment and training grants (486).
  S  2.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2012, up to the unencumbered balance or the  follow-
ing amounts:
  Economic Development and Public Authorities:
  1.  $175,000  from the miscellaneous special revenue fund (339) under-
ground facilities safety training account (US), to the general fund.
  2. An amount up to the unencumbered  balance  from  the  miscellaneous
special  revenue  fund  (339),  business  and licensing services account
(AG), to the general fund.
  3. $14,810,000 from the miscellaneous special revenue fund (339), code
enforcement account (07), to the general fund.
  Education:
  1. $2,210,000,000 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. $682,000,000 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. $810,000 from the general fund to the miscellaneous special revenue
fund (339), Batavia school for the blind account (D9).
  6.  $1,100,000  from  the  general  fund  to the miscellaneous special
revenue fund (339), Rome school for the deaf account (E6).
  7. $80,000,000 from the state university dormitory income  fund  (330)
to the state university residence hall rehabilitation fund (074).
  8.  $343,400,000 from the state university dormitory income fund (330)
to the miscellaneous special revenue fund (339), state university dormi-
tory income reimbursable account (47).
  9. $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).
  10. $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).
  11. $8,318,000 from the general fund to the  state  university  income
fund (345), state university income offset account (11), for the state's
share of repayment of the STIP loan.

S. 2807--B                         25

  12.  $48,000,000  from  the  State University Income Fund (345), State
University Hospitals Income Reimbursable Account  (22)  to  the  general
fund for hospital debt service.
  13.  $4,686,000  from  the  state  university  income fund (345), Long
Island Veterans' Home Account (09) to the general fund.
  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. $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.
  3. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue  federal
funds  to  the  special  revenue  fund (339) federal grant indirect cost
recovery account (Z1).
  4. $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).
  Family Assistance:
  1. $10,000,000 from any of the office of children and family services,
office  of  temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in  accordance  with
agreements  with social services districts, to the miscellaneous special
revenue fund (339), office of human resources  development  state  match
account (2C).
  2.  $3,000,000  from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund (339), family  preserva-
tion and support services and family violence services account (GC).
  3.  $6,000,000  from any of the office of children and family services
special revenue federal  funds  to  the  general  fund  for  title  IV-E
reimbursement of youth facility costs.
  4. $28,000,000 from any of the office of children and family services,
office  of  temporary and disability assistance, or department of health
special revenue federal  funds  and  any  other  miscellaneous  revenues
generated  from  the operation of office of children and family services
programs to the miscellaneous special  revenue  fund  (339),  office  of
children and family services income account (AR).
  5.  $10,000,000 from any of the office of children and family services
or office of temporary and disability assistance special  revenue  funds
or  the  general  fund  to the miscellaneous special revenue fund (339),
connections account (WK).
  6. $41,000,000 from any of the  office  of  temporary  and  disability
assistance  accounts  within  the federal health and human services fund
(265) to the general fund.
  7. $8,300,000 from any of  the  office  of  temporary  and  disability
assistance  accounts  within  the federal health and human services fund
(265) to the miscellaneous special revenue fund  (339),  client  notices
account (EG).
  8.  $98,980,000  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 income account
(L7).

S. 2807--B                         26

  9. $2,500,000 from any of  the  office  of  temporary  and  disability
assistance  or  office  of  children and family services special revenue
federal funds to the miscellaneous special revenue fund (339), office of
temporary and disability assistance program account (AL).
  10.  $50,000,000  from  any  of  the  office  of  children  and family
services, office of temporary and disability assistance,  department  of
labor,  and  department  of  health special revenue federal funds to the
office of children and family  services  miscellaneous  special  revenue
fund (339), multi-agency training contract account (AY).
  11. $12,524,000 from the office of temporary and disability assistance
federal  health  and  human  services  fund  (265)  to the miscellaneous
special revenue fund (339), child support revenue account (AX).
  12. $6,300,000 from any of the office of children and family services,
office of temporary and disability assistance, department of  labor,  or
department  of  health  special revenue funds to the office of temporary
and disability assistance  miscellaneous  special  revenue  fund  (339),
multi-agency systems development account (MD).
  13.  $9,248,000  from  any  of  the office of temporary and disability
assistance special revenue federal funds, to the  miscellaneous  special
revenue fund (339), OTDA training contract account (48).
  14.  $223,000,000  from  the miscellaneous special revenue fund (339),
youth facility per Diem account (YF), to the general fund.
  15. $10,000,000 from any of the office  of  temporary  and  disability
assistance  special  revenue federal funds, to the miscellaneous special
revenue fund (339), electronic benefit transfer and common benefit iden-
tification card account (GD).
  16. Up to $3,500,000 from the combined  gifts,  grants,  and  bequests
fund (020), WB Hoyt Memorial account (78) to the general fund.
  17.  $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).
  18. Up to $4,322,000 from the miscellaneous special revenue fund (339)
state central registry (CY) to the general fund.
  General Government:
  1. $1,566,000 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. $19,480,000 from the general  fund  to  the  miscellaneous  special
revenue fund (339), alcoholic beverage control account (DB).
  9.  $1,500,000  from  the  miscellaneous  special  revenue fund (339),
federal liability account (FL), to the general fund.
  10. $23,000,000 from the miscellaneous  special  revenue  fund  (339),
revenue arrearage account (CR), to the general fund.

S. 2807--B                         27

  11.  $1,826,000  from  the  miscellaneous  special  revenue fund (339)
revenue arrearage account (CR), to  the  miscellaneous  special  revenue
fund (339) authority budget office account.
  12.  Intentionally omitted.
  13.  $1,000,000  from  the  miscellaneous  special revenue fund (339),
parking services account (BQ), to the general fund, for the  purpose  of
reimbursing  the  costs of debt service related to state parking facili-
ties.
  14. Up to $45,000,000 from  the  general  fund  to  the  miscellaneous
special revenue fund (339), statewide financial system account (FM).
  15.  $7,500,000  from the miscellaneous special revenue fund abandoned
property audit account to the general fund.
  16. $6,000,000 from the miscellaneous  internal  service  fund,  state
data center account, to the general fund.
  Health:
  1.  $12,000,000  from  any of the department of health accounts within
the federal health and human services fund (265) to the general fund.
  2. $139,560,000 from any of the department of health  accounts  within
the  federal  health  and human services fund (265) to the miscellaneous
special revenue fund (339), quality of care account (20).
  3. $1,000,000 from the general fund to the combined gifts, grants  and
bequests  fund (020), breast cancer research and education account (BD),
an amount equal to the monies collected and deposited into that  account
in the previous fiscal year.
  4. $2,464,000 from any of the department of health accounts within the
federal health and human services fund (265) to the department of health
miscellaneous   special  revenue  fund  (339),  statewide  planning  and
research cooperation system (SPARCS) program account (03).
  5. $250,000 from the general fund to the combined  gifts,  grants  and
bequests  fund (020), prostate cancer research, detection, and education
account (PR), an amount equal to the moneys collected and deposited into
that account in the previous fiscal year.
  6. $500,000 from the general fund to the combined  gifts,  grants  and
bequests fund (020), Alzheimer's disease research and assistance account
(AA),  an  amount  equal to the moneys collected and deposited into that
account in the previous fiscal year.
  7. $1,000,000 from  the  miscellaneous  special  revenue  fund  (339),
administration account (AP), to the general fund.
  8.  $600,000,000  from any of the department of health accounts within
the federal health and human services fund (265)  to  the  miscellaneous
special  revenue  fund  (339),  federal  state health reform partnership
account (FS).
  9. $50,000,000 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).
  12. $1,500,000 from the general  fund  to  the  miscellaneous  special
revenue fund (339), quality of care improvement account (QC).
  Labor:

S. 2807--B                         28

  1.  $700,000  from  the  labor standards miscellaneous special revenue
fund (339), fee  and  penalty  account  (30),  to  the  child  performer
protection fund (025), child performer protection account (CP).
  2.  $8,000,000  from the labor standards miscellaneous special revenue
fund (339), fee and penalty account (30), to the general fund.
  3. $10,500,000 from the unemployment insurance  interest  and  penalty
special  revenue fund (482), unemployment insurance special interest and
penalty account (01), to the general fund.
  4. $2,700,000 from the labor standards miscellaneous  special  revenue
fund (339), public work enforcement account (BA), to the general fund.
  5.  $1,500,000 from the training and education program on occupational
safety and health fund (305), occupational safety and health  inspection
account (02), to the general fund.
  Mental Hygiene:
  1.  $5,000,000  from  the  miscellaneous  special  revenue fund (339),
mental hygiene patient income account (13), to the miscellaneous special
revenue fund (339), federal salary sharing account (EC).
  2. $240,000,000 from the miscellaneous  special  revenue  fund  (339),
mental  hygiene patient income account (13) to the miscellaneous special
revenue fund (339), provider of service accounts (05).
  3. $220,000,000 from the miscellaneous  special  revenue  fund  (339),
mental  hygiene  program  fund account (10) to the miscellaneous special
revenue fund (339), provider of service account (05).
  4. $150,000,000 from the general fund  to  the  miscellaneous  special
revenue fund (339), mental hygiene patient income account (13).
  5.  $150,000,000  from  the  general fund to the miscellaneous special
revenue fund (339), mental hygiene program fund account (10).
  6. $275,000,000 from the miscellaneous  special  revenue  fund  (339),
mental hygiene program fund account (10) to the general fund.
  7.  $180,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene patient income account (13) to the general fund.
  8. $40,827,000 from the  miscellaneous  special  revenue  fund  (339),
mental hygiene program fund account (10) 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. $9,500,000 from the general fund  to  the  correctional  industries
revolving  fund  (397), correctional industries internal service account
(00).
  4. $8,678,000 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).
  5. $10,000,000 from federal miscellaneous operating grants fund (290),
DMNA damage account (71), to the general fund.
  6.  $16,000,000  from  the  general  fund to the miscellaneous special
revenue fund (339), crimes against revenue program account (CA).
  7. $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.
  8.  $11,500,000  from  the federal miscellaneous operating grants fund
(290) world trade center account, to the general fund.
  9. $25,100,000 from the miscellaneous special revenue fund (339) crim-
inal justice improvement account (62) to the general fund.

S. 2807--B                         29

  10. $20,000,000 from the miscellaneous  special  revenue  fund  (339),
statewide  public  safety  communications  account  (LZ), to the general
fund.
  11. $4,000,000 from the miscellaneous special revenue fund (339) crim-
inal  justice  improvement  account  (62)  to  the miscellaneous special
revenue fund (339) legal services assistance account (IM).
  12. $660,000 from the miscellaneous special revenue fund  (339),  cell
tower account (CT), 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. $15,368,000 from the  miscellaneous  special  revenue  fund  (339),
compulsory insurance account (H7), to the general fund.
  4.  $19,000,000 from the general fund to the mass transportation oper-
ating assistance fund (313),  public  transportation  systems  operating
assistance account (01).
  5.  $575,000,000  from  the  general fund to the dedicated highway and
bridge trust fund (072).
  6. $606,000 from the miscellaneous special revenue fund (339),  inter-
net point insurance reduction program account (IC), to the general fund.
  7.  $2,935,000  from  the  clean air fund (314), mobile source account
(02), to the general fund.
  8. $165,000,000 from the mass transportation operating assistance fund
(313), metropolitan mass  transportation  operating  assistance  account
(02),  to  the general debt service fund (311), for reimbursement of the
state's expenses in connection with payments of debt service and related
expenses for the metropolitan transportation authority's  state  service
contract bonds.
  9.  $16,721,000 from the mass transportation operating assistance fund
(313), metropolitan mass  transportation  operating  assistance  account
(02)  to  the mass transportation operating assistance fund (313) public
transportation systems operating assistance account (01).
  10. $35,008,000 from the mass transportation operating assistance fund
(313), metropolitan mass  transportation  operating  assistance  account
(02) to the general fund.
  Miscellaneous:
  1.  $75,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
  2. $250,000,000 from the general fund to the  debt  reduction  reserve
fund (064).
  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, 2012:
  1. Upon request of the commissioner of environmental conservation,  up
to  $10,777,000 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $3,142,800  from
the  environmental protection and oil spill compensation fund (303), and
$1,742,600 from  the  conservation  fund  (302),  to  the  environmental
conservation special revenue fund (301), indirect charges account (BJ).
  2.  Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund  within  the
department  of  agriculture  and  markets  to  the miscellaneous special

S. 2807--B                         30

revenue fund (339) administrative  costs  account,  to  pay  appropriate
administrative expenses.
  3.  Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition  special  fund  (325),  state  fair
receipts  account (01) to the miscellaneous capital projects fund (387),
state fair capital improvement account (13).
  4. Upon request of the commissioner of the  division  of  housing  and
community  renewal, up to $5,500,000 from revenues credited to any divi-
sion of housing and community renewal federal or  miscellaneous  special
revenue fund to the agency cost recovery account (HI).
  5.  Upon  request  of  the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any  miscel-
laneous special revenue fund account (339), to any miscellaneous special
revenue fund (339).
  6.  Upon  request of the commissioner of health up to $15,000,000 from
revenues credited to any of the department of health's  special  revenue
funds,  to  the miscellaneous special revenue fund (339), administration
account (AP).
  S 4. Notwithstanding section 2815 of the  public  health  law  or  any
other  contrary  provision of law, upon the direction of the director of
the budget and the commissioner of health, the  dormitory  authority  of
the  state  of  New  York  is directed to transfer seven million dollars
annually from funds available and uncommitted  in  the  New  York  state
health  care  restructuring  pool  to  the health care reform act (HCRA)
resources fund - HCRA resources account.
  S 5. On or before March 31, 2012, the comptroller  is  authorized  and
directed  to  transfer  the unencumbered balance from the family benefit
fund (329) to the general fund.
  S 6. On or before March 31, 2012, the comptroller is hereby authorized
and directed to deposit earnings that  would  otherwise  accrue  to  the
general  fund  that are attributable to the operation of section 98-a of
the state finance law, to the  agencies  internal  service  fund  (334),
banking  services  account  (12),  for  the  purpose  of  meeting direct
payments from such account.
  S 7. Notwithstanding any law to the contrary, upon  the  direction  of
the  director of the budget and upon requisition by the state university
of New York, the dormitory  authority  of  the  state  of  New  York  is
directed  to  transfer, up to $22,000,000 in revenues generated from the
sale of notes or  bonds,  to  the  state  university  of  New  York  for
reimbursement  of bondable equipment for further transfer to the state's
general fund.
  S 8. Notwithstanding any law to the  contrary,  the  state  university
chancellor  or her 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, 2012.
  S  9.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university  chancel-
lor  or her designee, up to $50,000,000 from the state university income
fund (345), state university hospitals income reimbursable account (22),
for 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, 2012.

S. 2807--B                         31

  S 10. 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 fund for
payment  of debt service related to the SUNY hospitals.  Notwithstanding
any law to the contrary, the comptroller is also hereby  authorized  and
directed, after consultation with the state university chancellor or his
or  her  designee,  to  transfer moneys from the state university income
fund (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 fund
for  payment  of debt service related to the SUNY hospitals on or before
March 31, 2012.
  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, 2012, 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 (10) or the general fund in any combina-
tion, the aggregate of which shall not exceed $350 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 $500 million from the unencumbered balance of any special  revenue
fund  or  account,  or combination of funds and accounts, to the general
fund. The amounts transferred pursuant to this authorization shall be in
addition to any other transfers  expressly  authorized  in  the  2011-12
budget.  Transfers  from  federal  funds,  debt  service  funds, capital
projects funds, or the community projects fund are not permitted  pursu-
ant  to this authorization. The director of the budget shall notify both
houses of the legislature  in  writing  prior  to  initiating  transfers
pursuant to this authorization.
  S  13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $75 million from the unencumbered balance of any non-general fund
or account, or combination of funds and accounts, to the  general  fund.
The amounts transferred pursuant to this authorization shall be equal to
those  savings  achieved  in such non-general funds as a result of work-
force savings actions  and  are  in  addition  to  any  other  transfers
expressly  authorized.  Transfers  from  federal funds are not permitted
pursuant to this authorization. The director of the budget shall  notify
both  houses of the legislature in writing prior to initiating transfers
pursuant to this authorization.

S. 2807--B                         32

  S 14. Notwithstanding any provision of law to the contrary, the  power
authority  of the state of New York, as deemed feasible and advisable by
its trustees, is authorized and directed to make a contribution  to  the
state  treasury  to  the  credit  of  the  general fund in the amount of
$100,000,000  for  the  fiscal  year commencing April 1, 2011. The power
authority of  the  state  of  New  York  will  transfer  not  less  than
$40,000,000  by  June  30,  2011  and will transfer the remainder, up to
$60,000,000, by January 31, 2012.
  S 14-a.  In addition to any payment made by a  public  benefit  corpo-
ration  pursuant  to  an assessment imposed under sections 2975, 2975-a,
2976 and 2976-a of the public authorities law, a public  benefit  corpo-
ration is authorized to make voluntary contributions to the state gener-
al  fund  for  any  lawful  purpose  at any time from any public benefit
corporation funds in such amounts as deemed to be feasible and advisable
by such public benefit corporation's governing board after due consider-
ation of the public benefit  corporation's  legal  and  financial  obli-
gations.    Notwithstanding  any  other  law, the payment of a voluntary
payment pursuant to this subdivision is deemed to be a valid and  proper
purpose  for  which  available  funds may be applied. Voluntary contrib-
utions made pursuant to this subdivision shall be payable to  the  state
treasury to the credit of the general fund.
  S 15.  Intentionally omitted.
  S  16.  Subdivision  5  of section 97-rrr of the state finance law, as
amended by section 15 of part JJ of chapter 56 of the laws of  2010,  is
amended to read as follows:
  5. Notwithstanding the provisions of section one hundred seventy-one-a
of  the  tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred  eight-
y-one, or any other provisions of law to the contrary, during the fiscal
year  beginning  April first, two thousand ten, the state comptroller is
hereby authorized and directed to deposit to the fund  created  pursuant
to this section from amounts collected pursuant to article twenty-two of
the  tax law and pursuant to a schedule submitted by the director of the
budget, up to [$3,308,000,000] $3,292,520,000, as may  be  certified  in
such  schedule  as  necessary  to meet the purposes of such fund for the
fiscal year beginning April first, two thousand [ten] ELEVEN.
  S 17. 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 2011.  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 2011 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  18.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,772,000 authorized by chapter
54 of the laws of 2001 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund.
  S  19.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed to  deposit,
to  the  credit  of  the  capital  projects fund, reimbursement from the

S. 2807--B                         33

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 20. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $30,174,000 authorized by chapter
55 of the laws of 2003 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation or other financing source for  a  capital  appropriation  of
$19,500,000  authorized  by chapter 50 of the laws of 2003 to the office
of general services for payment of capital construction costs for the 51
Elk street parking garage  building  located  in  the  city  of  Albany,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation for disbursements of up to $10,000,000 from  any
capital appropriation or reappropriation authorized by chapter 50 of the
laws  of  2003  to  the office of general services for various purposes,

S. 2807--B                         34

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 21. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $28,893,000 authorized by chapter
55  of  the laws of 2004 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  disbursements  of  up  to $10,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2004 to the office of general services for various purposes,  reimburse-
ment  from  the  proceeds  of notes or bonds issued by the environmental
facilities  corporation  for  a  capital  appropriation  of  $11,350,000
authorized  by chapter 55 of the laws of 2004 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation, for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2004 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $11,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2004 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by  the  dormitory  authority  for  a  capital  appropriation  of
$80,000,000  authorized  by chapter 53 of the laws of 2004 to the educa-
tion  department  for  capital  transition  grants  for  transportation,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  for a capital appropriation of $250,000,000 authorized by
chapter 55 of the laws of 2004 for payment of costs related to  economic
development  projects, reimbursement from the proceeds of bonds or notes

S. 2807--B                         35

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 22. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,602,000 authorized by chapter
55 of the laws of 2005 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $10,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2005  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $11,350,000
authorized by chapter 55 of the laws of 2005 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2005 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $11,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2005 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by the urban development corporation for a capital  appropriation
of  $350,000,000  authorized  by  chapter 55 of the laws of 2005 for the
Javits center, reimbursement from the proceeds of notes or bonds  issued
by  the  dormitory  authority for a capital appropriation of $90,000,000
authorized by chapter 62 of the laws of 2005 for  regional  development,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  for a capital appropriation of $250,000,000 authorized by
chapter  62  of  the  laws  of  2005  for  technology  and  development,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation  for  a  capital  appropriation  of  $75,000,000
authorized  by  chapter  162  of the laws of 2005 for the New York state
economic development program, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $150,000,000 authorized by chapter 62 of  the  laws  of
2005  for  the  higher  education  facilities  capital  matching  grants
program, reimbursement from the proceeds of notes or bonds issued by the
dormitory authority or other financing source for  a  capital  appropri-
ation  of $4,000,000 authorized by chapter 50 of the laws of 2005 to the
office of general services for payment of capital construction costs for
the Elk street parking garage building located in the  city  of  Albany,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation  for  a  capital  appropriation  of  $15,000,000
authorized  by  chapter  53  of  the laws of 2005 to the state education
department for payment of capital construction costs for  public  broad-

S. 2807--B                         36

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 23. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,600,000 authorized by chapter
55  of  the laws of 2006 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  disbursements  of  up  to $20,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2006 to the office of general services for various purposes,  reimburse-
ment  from  the  proceeds  of notes or bonds issued by the environmental
facilities  corporation  for  a  capital  appropriation  of  $14,000,000
authorized  by chapter 55 of the laws of 2006 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation for a capital appropriation  of
$10,000,000  authorized by chapter 55 of the laws of 2006 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by  the  environmental  facilities
corporation  for  disbursements  of  up  to $12,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the  laws
of  2006  to  the  department of environmental conservation for environ-
mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
issued by the urban development corporation for capital disbursements of
up  to  $3,000,000  from  any  capital  appropriation or reappropriation
authorized by chapter 50 of the laws of 2006 to the division of military
and naval affairs for various purposes, reimbursement from the  proceeds
of  notes  or  bonds  issued  by  the  urban development corporation for
disbursements of up to $12,400,000 from  any  capital  appropriation  or
reappropriation  authorized  by  chapter  50  of the laws of 2006 to the
division of state police for public protection facilities, reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation  for  a  capital appropriation of $117,000,000 authorized by
chapter 50 of the laws of 2006 to all state departments and agencies for
the purchase of equipment, reimbursement from the proceeds of  notes  or
bonds  issued by the dormitory authority or the urban development corpo-
ration for all or a portion of capital  appropriations  of  $603,050,000
authorized  by  chapter 108 of the laws of 2006 to the urban development
corporation for economic development/other projects, reimbursement  from
the  proceeds  of  notes or bonds issued by the urban development corpo-
ration for a capital appropriation of $269,500,000 authorized by chapter
108 of the laws of 2006 to the dormitory authority or the urban develop-
ment corporation for economic development projects,  reimbursement  from
the  proceeds of notes or bonds issued by the dormitory authority or the
urban  development  corporation   for   a   capital   appropriation   of

S. 2807--B                         37

$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  of $5,000,000 authorized by
chapter 55 of the laws of 2006 to the  environmental  facilities  corpo-
ration for payment for the pipeline for jobs program, reimbursement from
the  proceeds  of  notes  or bonds issued by the dormitory authority for
capital disbursements of up to $14,000,000 from  any  capital  appropri-
ation  or  reappropriation  authorized by chapter 53 of the laws of 2006
for the library construction purpose, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory authority for an appropriation of $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 dormi-
tory authority for an appropriation of $25,000,000 authorized by chapter
53  of the laws of 2006 for the town of Smithtown/Kings Park psychiatric
center rehabilitation, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation or the  dormitory  authority
for an appropriation of $5,000,000 authorized by chapter 108 of the laws
of  2006 for a state of New York umbilical cord bank, reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration  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 Cornell equine drug testing laboratory, reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration  or  the  dormitory  authority for an appropriation of $2,000,000
authorized by chapter 53 of the laws of 2006  for  a  Fredonia  vineyard

S. 2807--B                         38

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  develop-
ment corporation for an appropriation of $40,000,000 authorized by chap-
ter 108 of the laws of 2006 for a food testing laboratory, 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 semi-
conductor 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  develop-
ment  activities of a semiconductor manufacturer, and reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration for capital disbursements of up to $300,000,000 from an appropri-
ation  to the urban development corporation authorized by chapter 108 of
the laws of 2006 for community revitalization projects.
  S 24. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2007 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $20,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2007  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $13,500,000
authorized by chapter 55 of the laws of 2007 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2007 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $12,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2007 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000  from  any  capital  appropriation  or  reappropriation
authorized by chapter 50 of the laws of 2007 to the division of military
and  naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds  issued  by  the  urban  development  corporation  for
disbursements  from a capital appropriation of $50,000,000 authorized by
chapter 50 of the laws of 2007 to  the  division  of  state  police  for

S. 2807--B                         39

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 dormitory  authority  or  the  urban  development
corporation  for  capital appropriations 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 appropriation or reappropriation authorized
by  chapter  53 of the laws of 2007 for library construction, reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity for capital disbursements of up  to  $60,000,000  from  any  capital
appropriation or reappropriation authorized 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 appro-
priation or reappropriation authorized by chapter 55 of the laws of 2007
forRoosevelt Island Operating Corporation aerial tramway,  reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation for capital disbursements of  up  to  $20,000,000  from  any
capital appropriation or reappropriation 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  Harri-
man  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 appropriations authorized by chapter 50 of the  laws  of
2007  made  to  the  office  of  general services for legislative office
building hearing rooms.
  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 $29,600,000 authorized by chapter
55 of the laws of 2008 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of  $141,000,000  authorized  by
chapter 50 of the laws of 2008 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds  of  notes or bonds issued by the urban development corporation
for disbursements of up to $45,500,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the  laws  of  2008  to  the
office  of general services for various purposes, reimbursement from the

S. 2807--B                         40

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 $10,000,000 authorized by chapter 50  of  the  laws  of
2008  to  the  office for technology for activities related to broadband
service, reimbursement from the proceeds of notes or bonds issued by the
urban development corporation for a capital appropriation of  $6,000,000
authorized  by  chapter  50 of the laws of 2008 to the division of state
police for rehabilitation of facilities, reimbursement from the proceeds
of notes or bonds issued by the dormitory authority of the state of  New
York or other financing source for a capital appropriation authorized by
chapter  53  of the laws of 2008 of $14,000,000 to the education depart-
ment for library construction, reimbursement from the proceeds of  notes
or  bonds  issued by the dormitory authority of the state of New York or
other financing source for a capital appropriation authorized by chapter
53 of the laws of 2008 of $15,000,000 to the  education  department  for
museum  renewal  projects,  reimbursement  from the proceeds of notes or
bonds issued by the urban development corporation for capital  appropri-
ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the
urban  development  corporation for services and expenses related to the
investment opportunity fund, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital  appropri-
ation of $30,000,000 authorized by chapter 53 of the laws of 2008 to the
urban  development corporation for services and expenses related to arts
and cultural projects, reimbursement from the proceeds of bonds or notes
issued by the urban development corporation for a capital  appropriation
of $35,000,000 authorized by chapter 53 of the laws of 2008 for economic
and  community  development projects, reimbursement from the proceeds of
bonds or notes issued by the urban development corporation for a capital
appropriation of $30,000,000 authorized by chapter 53  of  the  laws  of
2008  for  New  York city waterfront development projects, reimbursement
from the proceeds of bonds or notes  issued  by  the  urban  development
corporation  for  a  capital  appropriation of $45,000,000 authorized by
chapter 53  of  the  laws  of  2008  for  Luther  Forest  infrastructure
projects,  reimbursement  from  the proceeds of notes or bonds issued by
the  urban  development  corporation  for   capital   appropriation   of
$35,000,000  authorized  by  chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related  to  downstate
regional  projects,  reimbursement  from  the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$145,000,000 authorized by chapter 53 of the laws of 2008 to  the  urban

S. 2807--B                         41

development  corporation  for  services  and expenses related to upstate
city-by-city projects, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$35,000,000  authorized  by  chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related to  the  down-
state  revitalization projects, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital  appro-
priation of $120,000,000 authorized by chapter 53 of the laws of 2008 to
the  urban  development corporation for services and expenses related to
the upstate regional blueprint fund, reimbursement from the proceeds  of
notes  or  bonds issued by the urban development corporation for capital
appropriation of $40,000,000 authorized by chapter 53  of  the  laws  of
2008  to  the  urban  development  corporation for services and expenses
related  to  the  upstate  agricultural   economic   development   fund,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development  corporation  for  capital  appropriation  of   $350,000,000
authorized  by  chapter  53 of the laws of 2008 to the urban development
corporation for services and expenses related  to  the  New  York  state
capital  assistance program, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital  appropri-
ation  of  $350,000,000  authorized by chapter 53 of the laws of 2008 to
the urban development corporation for services and expenses  related  to
the   New  York  state  economic  development  assistance  program,  and
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development corporation for capital appropriation of $20,000,000 author-
ized  by  chapter 55 of the laws of 2008 to the urban development corpo-
ration for services and expenses related to the  empire  state  economic
development fund.
  S  26.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by  chapter
55  of  the laws of 2009 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  a  capital appropriation of $129,800,000 authorized by
chapter 50 of the laws of 2009 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for disbursements of up to $24,000,000 from any capital appropriation or
reappropriation  authorized  by  chapter  50  of the laws of 2009 to the
office of general services for various purposes, reimbursement from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $13,500,000 authorized by chapter
55 of the laws of 2009 to the energy research and development  authority
for  the  Western  New  York  Nuclear  Service  Center  at  West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2009 to the department of  envi-
ronmental   conservation  for  Onondaga  lake,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by chapter 55 of the laws of  2009
to  the  department  of  environmental  conservation  for  environmental

S. 2807--B                         42

purposes, reimbursement from the proceeds of notes or  bonds  issued  by
the  urban  development  corporation  for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation  authorized
by  chapter 50 of the laws of 2009 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009
to the division  of  state  police  for  rehabilitation  of  facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  of  the state of New York or other financing source for a
capital appropriation authorized by chapter 53 of the laws  of  2009  of
$14,000,000  to the state education department for library construction,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing  source  for  a
capital  appropriation  of  $4,000,000 to the state education department
for rehabilitation associated  with  the  St.  Regis  Mohawk  elementary
school  authorized  by  chapter 53 of the laws of 2009 and reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation for capital appropriation of $25,000,000 authorized by chap-
ter  55  of  the  laws  of 2009 to the urban development corporation for
services and expenses related to the empire state  economic  development
fund.
  S  27.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by  chapter
55  of  the laws of 2010 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  a  capital appropriation of $187,285,000 authorized by
chapter 50 of the laws of 2010 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for disbursements of up to $26,950,000 from any capital appropriation or
reappropriation  authorized  by  chapter  50  of the laws of 2010 to the
office of general services for various purposes, reimbursement from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for  a capital appropriation of $5,000,000 authorized by chapter
55 of the laws of 2010 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  $12,000,000  from any capital appropriations or reappropriations
authorized by chapter 55 of the laws of 2010 to the department of  envi-
ronmental  conservation  for  environmental purposes, reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration  for  capital  disbursements of up to $3,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2010 to the division of military and naval affairs for various purposes,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development  corporation  for  a  capital  appropriation  of  $6,000,000
authorized by chapter 50 of the laws of 2010 to the  division  of  state
police for rehabilitation of facilities, reimbursement from the proceeds
of  notes or bonds issued by the dormitory authority of the state of New
York  or  other  financing  source  for  a  capital   appropriation   of

S. 2807--B                         43

$14,000,000  authorized  by  chapter 53 of the laws of 2010 to the state
education department for library construction, reimbursements  from  the
proceeds  of  notes  or  bonds  issued by the dormitory authority of the
state  of New York or other financing source for a capital appropriation
of $20,400,000 authorized by chapter 100 of the  laws  of  2010  to  the
state   education  department  for  the  longitudinal  data  system  and
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing  source  for  a
capital  appropriation  of  $42,000,000  for  the state preparedness and
training center.
  S 28. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $35,000,000 authorized by a chap-
ter of the laws of 2011 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 $92,751,000 authorized  by  a
chapter  of  the  laws of 2011 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 $40,000,000 from any capital appropriation or
reappropriation  authorized  by  a  chapter  of  the laws of 2011 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 disbursements of up to $12,000,000 from any capital appropri-
ations  or  reappropriations authorized by a chapter of the laws of 2011
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 2011 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 2011
to the division  of  state  police  for  rehabilitation  of  facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  of  the state of New York or other financing source for a
capital appropriation of $14,000,000 authorized by a chapter of the laws
of 2011 to the state education department for library construction.
  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 state university residence hall rehabilitation fund
(074), reimbursement from the proceeds of notes or bonds issued  by  the
dormitory  authority  of the state of New York for capital disbursements
of up to $331,000,000 from any appropriation or reappropriation  author-
ized by a chapter of the laws of 2011.
  S  30.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the dormitory authority  and  urban
development  corporation  for  disbursements of up to $8,000,000 from an
appropriation authorized by chapter 50 of the  laws  of  2009  for  drug
courts.

S. 2807--B                         44

  S  31.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  city  university  special  revenue fund (377),
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry Authority of the State of New York for capital disbursements of up to
$20,000,000  from  any  appropriation  or  reappropriation authorized by
chapter 53 of the laws of 2009 to the city university of  New  York  for
various purposes.
  S  32.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services  fund  debt  service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the  New  York  state  medical  care  facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene  for  the  purpose  of  making
payments  to  the  dormitory  authority of the state of New York for the
amount of the earnings for the investment of  monies  deposited  in  the
mental health services fund that such agency determines will or may have
to  be  rebated  to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to  enable  such
agency  to  maintain  the  exemption from federal income taxation on the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. On or before June 30, 2011, such agency shall
certify to the  state  comptroller  its  determination  of  the  amounts
received  in  the mental health services fund as a result of the invest-
ment of monies deposited therein that will or may have to be rebated  to
the federal government pursuant to the provisions of the internal reven-
ue code of 1986, as amended.
  S  33.  (1)  Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller shall at the commencement of each  month
certify to the director of the budget, the commissioner of environmental
conservation,  the  chair of the senate finance committee, and the chair
of the assembly ways and means committee the amounts disbursed from  all
appropriations  for  hazardous  waste site remediation disbursements for
the month preceding such certification.
  (2) Notwithstanding any law to the contrary, prior to the issuance  by
the comptroller of bonds authorized pursuant to subdivision a of section
4  of the environmental quality bond act of nineteen hundred eighty-six,
as enacted by chapter 511 of the laws of 1986,  disbursements  from  all
appropriations  for  that  purpose shall first be reimbursed from moneys
credited to the hazardous waste remedial fund,  site  investigation  and
construction  account,  to  the  extent  moneys  are  available  in such
account. For purposes of determining moneys available in  such  account,
the  commissioner  of  environmental  conservation  shall certify to the
comptroller the amounts required for  administration  of  the  hazardous
waste remedial program.
  (3)  The comptroller is hereby authorized and directed to transfer any
balance above the amounts certified by the commissioner of environmental
conservation to reimburse disbursements pursuant to  all  appropriations
from  such site investigation and construction account; provided, howev-
er, that if such transfers are  determined  by  the  comptroller  to  be
insufficient  to  assure  that  interest  paid to holders of state obli-
gations issued for hazardous waste purposes  pursuant  to  the  environ-
mental  quality  bond  act of nineteen hundred eighty-six, as enacted by

S. 2807--B                         45

chapter 511 of the laws of 1986, is exempt from federal income taxation,
the comptroller is hereby authorized and directed to transfer, from such
site investigation and construction account to  the  general  fund,  the
amount  necessary  to  redeem bonds in an amount necessary to assure the
continuation of such tax exempt status. Prior to the making of any  such
transfers,  the  comptroller  shall notify the director of the budget of
the amount of such transfers.
  S 34. Subdivision 8 of section 68-b  of  the  state  finance  law,  as
amended  by  chapter  79  of  the  laws  of  2010, is amended to read as
follows:
  8. Revenue bonds may  only  be  issued  for  authorized  purposes,  as
defined  in  section  sixty-eight-a of this article. Notwithstanding the
foregoing, the dormitory authority of the state  of  New  York  and  the
urban development corporation may issue revenue bonds for any authorized
purpose of any other such authorized issuer [through March thirty-first,
two thousand eleven]. The authorized issuers shall not issue any revenue
bonds  in  an  amount  in  excess  of  statutory authorizations for such
authorized purposes. Authorizations for such authorized  purposes  shall
be  reduced in an amount equal to the amount of revenue bonds issued for
such authorized purposes under this article. Such reduction shall not be
made in relation to revenue bonds issued to fund reserve funds, if  any,
and  costs  of  issuance,  if these items are not counted under existing
authorizations, nor shall revenue bonds issued to  refund  bonds  issued
under existing authorizations reduce the amount of such authorizations.
  S  35.  Subdivision  2  of  section  68-a of the state finance law, as
amended by chapter 79 of the  laws  of  2010,  is  amended  to  read  as
follows:
  2. "Authorized purpose" for purposes of this article and section nine-
ty-two-z  of  this  chapter shall mean any purposes for which state-sup-
ported debt, as defined by section sixty-seven-a of this chapter, may or
has been issued except debt for  which  the  state  is  constitutionally
obligated  thereunder  to  pay  debt  service  and related expenses, and
except (a) as authorized in paragraph (b) of subdivision one of  section
three  hundred eighty-five of the public authorities law, (b) as author-
ized for the department of health of the state of New York facilities as
specified in paragraph a of subdivision two of section  sixteen  hundred
eighty  of  the public authorities law, (c) state university of New York
dormitory facilities  as  specified  in  subdivision  eight  of  section
sixteen  hundred seventy-eight of the public authorities law, and (d) as
authorized for mental health services facilities by  section  nine-a  of
section  one of chapter three hundred ninety-two of the laws of nineteen
hundred seventy-three constituting  the  New  York  state  medical  care
facilities  financing  act. Notwithstanding the provisions of clause (d)
of this subdivision, for the  period  April  first,  two  thousand  nine
through  March thirty-first, two thousand [eleven] TWELVE, mental health
services facilities, as authorized by section nine-a of section  one  of
chapter  three hundred ninety-two of the laws of nineteen hundred seven-
ty-three constituting the New York state medical care facilities financ-
ing act, shall constitute an authorized purpose.
  S 36. Section 51 of part RR of chapter 57 of the laws of 2008, provid-
ing for the administration of certain funds and accounts related to  the
2008-2009  budget,  as  amended  by  chapter  48 of the laws of 2010, 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-

S. 2807--B                         46

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, 2011;] and provided,
further, however, that sections one, three, four, and  eighteen  through
twenty-seven of this act shall expire March 31, 2009 when upon such date
the  provisions  of such sections shall be deemed repealed; and provided
further that section fourteen of this act shall expire  March  31,  2011
when  upon  such  date  the  provisions  of such section shall be deemed
repealed.
  S 37. Subdivision 3 of section 1285-p of the public  authorities  law,
as  amended  by section 48 of part JJ of chapter 56 of the laws of 2010,
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 nine hundred  [three]  FIFTEEN  million  seven  hundred
forty-seven thousand dollars, exclusive of bonds issued to fund any debt
service reserve funds, pay costs of issuance of such bonds, and bonds or
notes  issued  to  refund  or  otherwise repay bonds or notes previously
issued.  Such bonds and notes of the corporation shall not be a debt  of
the  state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the  state  to
the  corporation  for  debt service and related expenses pursuant to any
service contracts executed pursuant to subdivision one of this  section,
and  such  bonds and notes shall contain on the face thereof a statement
to such effect.
  S 38. Subdivision (a) of section 28 of part Y of  chapter  61  of  the
laws  of  2005,  providing  for  the administration of certain funds and
accounts related to the 2005-2006 budget, as amended by  section  49  of
part  JJ  of  chapter  56  of  the  laws  of 2010, is amended to read as
follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any  provisions  of  law  to  the contrary, one or more
authorized issuers as defined by section 68-a of the state  finance  law
are  hereby  authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed  [$18,000,000]  $21,000,000,
excluding  bonds  issued  to  finance  one  or more debt service reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to refund or otherwise repay such bonds or notes previously issued,  for
the  purpose of financing capital projects for public protection facili-
ties in the Division of Military and Naval  Affairs,  debt  service  and
leases;  and  to reimburse the state general fund for disbursements made
therefor. Such bonds and notes of such authorized issuer shall not be  a
debt  of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those  appropriated  by  the
state  to  such  authorized issuer for debt service and related expenses
pursuant to any service contract executed pursuant to subdivision (b) of
this section and such bonds and notes shall contain on the face  thereof
a  statement  to  such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
  S 39. Subdivision (a) of section 48 of part K of  chapter  81  of  the
laws  of  2002,  providing  for  the administration of certain funds and

S. 2807--B                         47

accounts related to the 2002-2003 budget, as amended by  section  50  of
part  JJ  of  chapter  56  of  the  laws  of 2010, 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  $67,000,000  excluding  bonds  issued  to  fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes  previ-
ously  issued,  for  the  purpose  of financing capital costs related to
homeland security and training facilities  for  the  division  of  state
police,  the division of military and naval affairs, and any other state
agency, including the reimbursement of any disbursements made  from  the
state  capital projects fund, and is hereby authorized to issue bonds or
notes in one or more series in an  aggregate  principal  amount  not  to
exceed  [$165,800,000]  $205,800,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs  of  issuance  of  such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing improvements to
State office buildings and other facilities located statewide, including
the  reimbursement  of  any  disbursements  made  from the state capital
projects fund. Such bonds and notes of the corporation shall  not  be  a
debt  of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those  appropriated  by  the
state  to the corporation for debt service and related expenses pursuant
to any service contracts executed pursuant to subdivision  (b)  of  this
section,  and  such  bonds and notes shall contain on the face thereof a
statement to such effect.
  S 40. Subdivision 4 of section 66-b  of  the  state  finance  law,  as
amended  by  section 51 of part JJ of chapter 56 of the laws of 2010, 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 seven hundred
[fifty-one]  EIGHTY-FOUR  million  two  hundred   eighty-five   thousand
dollars. Such amount shall be exclusive of certificates of participation
or  similar instruments issued to fund a reserve fund or funds, costs of
issuance and to refund outstanding certificates of participation.
  S 41. 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 52 of part JJ of chapter 56 of the laws of 2010, 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 six billion [one] FOUR hundred
[sixty-four] NINETY million [sixty-nine] FOUR HUNDRED  SIXTY-NINE  thou-
sand  dollars  [$6,164,069,000]  $6,490,469,000,  and  shall include all
bonds, notes and other obligations issued pursuant to chapter 56 of  the

S. 2807--B                         48

laws  of  1983,  as amended or supplemented. The proceeds of such bonds,
notes or other obligations shall be paid to the state,  for  deposit  in
the  correctional  facilities capital improvement fund to pay for all or
any  portion  of  the amount or amounts paid by the state from appropri-
ations or reappropriations  made  to  the  department  [of  correctional
services] OF CORRECTIONS AND COMMUNITY SUPERVISION from the correctional
facilities  capital improvement fund for capital projects. The aggregate
amount of bonds, notes or other  obligations  authorized  to  be  issued
pursuant to this section shall exclude bonds, notes or other obligations
issued  to  refund  or otherwise repay bonds, notes or other obligations
theretofore issued, the proceeds of which were paid to the state for all
or a portion of the amounts expended by the state from appropriations or
reappropriations made  to  the  department  of  [correctional  services]
CORRECTIONS  AND COMMUNITY SUPERVISION; provided, however, that upon any
such refunding or repayment the  total  aggregate  principal  amount  of
outstanding  bonds,  notes  or other obligations may be greater than six
billion [one] FOUR hundred [sixty-four] NINETY million [sixty-nine] FOUR
HUNDRED SIXTY-NINE  thousand  dollars  [$6,164,069,000]  $6,490,469,000,
only if the present value of the aggregate debt service of the refunding
or  repayment  bonds,  notes or other obligations to be issued shall not
exceed the present value of the aggregate debt  service  of  the  bonds,
notes or other obligations so to be refunded or repaid. For the purposes
hereof, the present value of the aggregate debt service of the refunding
or repayment bonds, notes or other obligations and of the aggregate debt
service  of the bonds, notes or other obligations so refunded or repaid,
shall be calculated by utilizing the  effective  interest  rate  of  the
refunding or repayment bonds, notes or other obligations, which shall be
that   rate  arrived  at  by  doubling  the  semi-annual  interest  rate
(compounded  semi-annually)  necessary  to  discount  the  debt  service
payments on the refunding or repayment bonds, notes or other obligations
from  the payment dates thereof to the date of issue of the refunding or
repayment bonds, notes or other obligations and to the price bid includ-
ing estimated accrued interest or proceeds received by  the  corporation
including estimated accrued interest from the sale thereof.
  S 42. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of  1997,  providing  for  the  financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended  by
section  53  of part JJ of chapter 56 of the laws of 2010, is amended to
read as follows:
  1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby  authorized  to  issue  bonds,  notes and other obligations in an
aggregate principal amount not to exceed [three] FOUR hundred  [seventy-
nine]   TWENTY-NINE   million  five  hundred  fifteen  thousand  dollars
[($379,515,000)]  ($429,515,000),  which  authorization  increases   the
aggregate principal amount of bonds, notes and other obligations author-
ized by section 40 of chapter 309 of the laws of 1996, and shall include
all bonds, notes and other obligations issued pursuant to chapter 211 of
the  laws  of  1990,  as  amended  or supplemented. The proceeds of such
bonds, notes or other obligations shall be paid to the state, for depos-
it in the youth facilities improvement fund,  to  pay  for  all  or  any
portion  of  the amount or amounts paid by the state from appropriations
or reappropriations made to the office of children and  family  services
from  the  youth  facilities  improvement fund for capital projects. The
aggregate amount of bonds, notes and other obligations authorized to  be

S. 2807--B                         49

issued  pursuant  to  this  section  shall exclude bonds, notes or other
obligations issued to refund or otherwise repay bonds,  notes  or  other
obligations  theretofore  issued, the proceeds of which were paid to the
state  for  all  or  a portion of the amounts expended by the state from
appropriations or reappropriations made to the office  of  children  and
family  services;  provided,  however,  that  upon any such refunding or
repayment the total aggregate principal  amount  of  outstanding  bonds,
notes  or  other  obligations  may  be greater than [three] FOUR hundred
[seventy-nine] TWENTY-NINE million five hundred fifteen thousand dollars
[($379,515,000)] $429,515,000, only if the present value of  the  aggre-
gate  debt  service  of the refunding or repayment bonds, notes or other
obligations to be issued shall not  exceed  the  present  value  of  the
aggregate debt service of the bonds, notes or other obligations so to be
refunded  or  repaid.  For the purposes hereof, the present value of the
aggregate debt service of the refunding or  repayment  bonds,  notes  or
other  obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded  or  repaid,  shall  be  calculated  by
utilizing  the  effective  interest  rate  of the refunding or repayment
bonds, notes or other obligations, which shall be that rate  arrived  at
by  doubling  the  semi-annual  interest rate (compounded semi-annually)
necessary to discount the debt service  payments  on  the  refunding  or
repayment bonds, notes or other obligations from the payment dates ther-
eof  to  the date of issue of the refunding or repayment bonds, notes or
other obligations and to  the  price  bid  including  estimated  accrued
interest  or  proceeds  received  by the corporation including estimated
accrued interest from the sale thereof.
  S 43. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
housing  finance  law, as amended by section 54 of part JJ of chapter 56
of the laws of 2010, 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 [five] SIX hundred
[thirty-two] THIRTY-SIX million [two] FOUR hundred ninety-nine  thousand
dollars,  plus  a  principal  amount  of  bonds  issued to fund the debt
service reserve fund in accordance with the debt  service  reserve  fund
requirement  established  by  the  agency and to fund any other reserves
that the agency reasonably deems necessary for the security or  marketa-
bility  of  such  bonds and to provide for the payment of fees and other
charges and expenses,  including  underwriters'  discount,  trustee  and
rating  agency  fees,  bond  insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No  reserve
fund securing the housing program bonds shall be entitled or eligible to
receive  state  funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the  extent  of
any  deficiency  resulting  directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.

S. 2807--B                         50

  S 44. Paragraph j of subdivision 2  of  section  1680  of  the  public
authorities  law,  as  amended by section 37 of part PP of chapter 56 of
the laws of 2009, is amended to read as follows:
  j.  Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two  for  a  housing  unit  for  the  use  of
students  at  a  state-operated  institution  or  statutory  or contract
college under the jurisdiction of the state university of New York shall
be one billion [two] FIVE hundred [thirty]  SIXTY-ONE  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  45.  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 2 of part C of chapter 109 of the laws of 2010, 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 [$6,286,660,000] $6,695,169,000 cumulatively by
the end of fiscal year [2010-2011] 2011-12.
  S 46. Subdivision 5 of section 3234 of the public authorities law,  as
amended by chapter 81 of the laws 2002, is amended to read as follows:
  5.  A  majority  of the whole number of directors then in office shall
constitute a quorum for the transaction of any business or the  exercise
of  any  power of the corporation. Except as otherwise specified in this
title, for the transaction of any business or the exercise of any  power
of the corporation, the corporation shall have power to act by a majori-
ty  of  the  directors  present  at  any meeting at which a quorum is in
attendance; provided that one or more directors  may  participate  in  a
meeting  by  means  of  conference  telephone  or similar communications
equipment allowing all directors participating in the  meeting  to  hear
each  other  at  the  same  time  and  participation by such means shall
constitute presence in person at a meeting.  A  unanimous  vote  of  all
directors  THEN IN OFFICE shall be required for approval of a resolution
authorizing the issuance of bonds or notes or any supplemental or  amen-
datory  resolution.   The corporation may delegate to one or more of its
directors, or officers, agents and employees, such powers and duties  as
the  directors  may deem proper. Five days notice shall be given to each
director and nonvoting representative prior to any meeting of the corpo-
ration.
  S 47. Paragraph (e) of subdivision 1 of section  3236  of  the  public
authorities  law,  as  amended  by  chapter  219 of the laws of 1999, is
amended to read as follows:
  (e) Such bonds shall be sold to the bidder offering the lowest  inter-
est  cost  to  the corporation, taking into consideration any premium or
discount and, in the case of refunding  bonds,  the  bona  fide  initial
public  offering  price,  not less than four nor more than fifteen days,
Sundays excepted, after a notice of such  sale  has  been  published  at

S. 2807--B                         51

least  once  in  a  definitive  trade  publication of the municipal bond
industry published on each business day in the state of New  York  which
is  generally  available to participants in the municipal bond industry,
which  notice shall state the terms of the sale. The corporation may not
change the terms of the sale unless notice of such change is sent via  a
definitive  trade  wire service of the municipal bond industry which, in
general, makes available information regarding  activity  and  sales  of
municipal bonds and is generally available to participants in the munic-
ipal  bond industry, at least one [day] HOUR prior to the [date] TIME of
the sale as set forth in the original notice of sale. In so changing the
terms or conditions of a sale the corporation may send  notice  by  such
wire  service  that  the  sale  will  be  delayed  by up to thirty days,
provided that wire notice of the new sale date will be  given  at  least
one  business  day  prior to the new time when bids will be accepted. In
such event, no new notice of sale shall be  required  to  be  published.
Advertisements  shall  contain a provision to the effect that the corpo-
ration, in its discretion, may reject any or all bids made in  pursuance
of  such  advertisements, and in the event of such rejection, the corpo-
ration is authorized to negotiate a private sale or readvertise for bids
in the form and manner above described as many times as,  in  its  judg-
ment,  may  be necessary to effect a satisfactory sale.  Notwithstanding
the foregoing provisions of this paragraph, whenever in the judgment  of
the corporation the interests of the corporation will be served thereby,
the  corporation  may  sell bonds at private sale. The corporation shall
promulgate regulations governing the terms and conditions  of  any  such
private  sales, which regulations shall include a provision that it give
notice to the governor, the temporary president of the senate,  and  the
speaker  of  the  assembly of its intention to conduct a private sale of
obligations pursuant to this section not less than five  days  prior  to
such sale or the execution of any binding agreement to effect such sale.
  S  48.  Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 46 of part JJ of chapter 56 of the laws  of  2010,
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  [seventy]  EIGHTY-FOUR  million
dollars.
  S 49. Paragraph (a) of section 55 of part JJ of chapter 56 of the laws
of  2010,  relating to providing for the administration of certain funds
and accounts related to the 2010-2011 budget,  is  amended  to  read  as
follows:
  (a) section forty-two of this act shall be deemed to have been in full
force and effect on and after April 1, [2008] 2007;
  S  50.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011;  provided
further  that  sections  one  through  fourteen-a and sections seventeen
through twenty-seven of this act shall expire March 31, 2012, when  upon
such  date,  the  provisions  of such sections shall be deemed repealed;
provided further that the amendments to subdivision 5 of section  97-rrr
of  the  state finance law made by section sixteen of this act shall not
affect the expiration of such subdivision and  shall  expire  therewith;
and  provided  further  that  section  forty-six  of this act shall take
effect on the same date as the reversion of  subdivision  5  of  section

S. 2807--B                         52

3234  of  the public authorities law as provided in section 3 of chapter
48 of the laws of 2010, as amended.

                                 PART O

  Intentionally omitted.

                                 PART P

  Section  1.  Notwithstanding any other law, the State University Down-
state Medical Center may create a not-for-profit  corporation  of  which
the  State  University Downstate Medical Center is the sole member, that
will acquire the medical facilities owned by  the  Long  Island  College
Hospital  in  exchange  for the assumption by such not-for-profit corpo-
ration of certain obligations  of  the  Long  Island  College  Hospital,
including  debt  obligations  to the Dormitory Authority, and such other
consideration as may be mutually agreed to;  and  the  State  University
Downstate  Medical  Center  may  enter  into a long-term lease with such
not-for-profit corporation for the facilities acquired by such  not-for-
profit  corporation from the Long Island College Hospital, on such terms
and conditions as shall be agreed to between the State University  Down-
state  Medical  Center  and  such  not-for-profit corporation, including
provisions for the payment of lease payments sufficient to fund the debt
obligations acquired by such not-for-profit corporation, subject to  the
approval  of  the  comptroller, the attorney general and the director of
the budget.
  S 2. This act shall take effect immediately.

                                 PART Q

  Section 1. The judiciary law is amended by adding a new section  499-a
to read as follows:
  S  499-A.  EXPANDED  ACCESS  TO  CIVIL  LEGAL SERVICES. OF THE AMOUNTS
APPROPRIATED, PURSUANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND  ELEVEN,
TO  THE  UNIFIED COURT SYSTEM FOR THE SERVICES AND EXPENSES NECESSARY TO
IMPLEMENT THE RECOMMENDATIONS OF THE CHIEF JUDGE'S TASK FORCE TO  EXPAND
ACCESS  TO  CIVIL LEGAL SERVICES IN NEW YORK, NO MORE THAN FORTY PERCENT
SHALL BE ALLOCATED TO A CITY WITH A POPULATION IN EXCESS OF ONE  MILLION
AND  NO  LESS  THAN SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS SHALL BE
ALLOCATED TO THE OPERATION OF TOWN AND VILLAGE COURTS NOT LOCATED  IN  A
CITY WITH A POPULATION IN EXCESS OF ONE MILLION.
  S 2. This act shall take effect immediately.

                                 PART R

  Section 1. Article 30 of the executive law is REPEALED.
  S 2. Section 98-b of the state finance law, as amended by section 2 of
part E of chapter 56 of the laws of 2010, is amended to read as follows:
  S  98-b.  Indigent legal services fund. 1. There is hereby established
in the joint custody of the comptroller and the commissioner of taxation
and finance a special fund to be known as the  indigent  legal  services
fund.
  2.  Such fund shall consist of all moneys appropriated for the purpose
of such fund, all other moneys required to be paid into or  credited  to
such fund, and all moneys received by the fund or donated to it.

S. 2807--B                         53

  3.  (a) [The purpose of such fund shall be] AS PROVIDED IN THIS SUBDI-
VISION, MONEYS RECEIVED BY THE INDIGENT LEGAL SERVICES FUND EACH  CALEN-
DAR  YEAR FROM JANUARY FIRST THROUGH DECEMBER THIRTY-FIRST SHALL BE MADE
AVAILABLE BY THE STATE COMPTROLLER IN THE IMMEDIATELY SUCCEEDING  CALEN-
DAR  YEAR  to  (i)  assist  counties and, in the case of a county wholly
contained within a city, such city, in  providing  legal  representation
for  persons  who  are  financially unable to afford counsel pursuant to
article eighteen-B of the county law; AND  (ii)  assist  the  state,  in
improving  the  quality of public defense services and funding represen-
tation provided by assigned counsel  paid  in  accordance  with  section
thirty-five  of  the  judiciary  law[; and (iii) provide support for the
operations, duties, responsibilities and expenses of the office of indi-
gent legal services and the indigent legal services  board  established,
respectively,  pursuant  to  sections eight hundred thirty-two and eight
hundred thirty-three of the executive law]. MONEYS FROM THE  FUND  SHALL
BE  DISTRIBUTED  AT THE DIRECTION OF THE STATE COMPTROLLER IN ACCORDANCE
WITH THE PROVISIONS OF THIS SUBDIVISION.
  (b) [State funds received by a county or city from such fund shall  be
used to supplement and not supplant any local funds which such county or
city would otherwise have had to expend for the provision of counsel and
expert,  investigative and other services pursuant to article eighteen-B
of the county law. All such state funds received by  a  county  or  city
shall  be  used  to improve the quality of services provided pursuant to
article eighteen-B of the county law. Nothing in  this  paragraph  shall
preclude  a  county  from  decreasing  local funds as long as the county
demonstrates to the office of indigent  legal  services  established  by
section  eight  hundred thirty-two of the executive law that the quality
of services has been maintained or enhanced notwithstanding the  use  of
state funds.
  (c) As used in this section, "local funds" shall mean all funds appro-
priated  or  allocated  by  a  county or, in the case of a county wholly
contained within a city, such city, for services and expenses in accord-
ance with article  eighteen-B  of  the  county  law,  other  than  funds
received  from:  (i)  the  federal  government  or  the state; or (ii) a
private source, where such city or county does  not  have  authority  or
control over the payment of such funds by such private source.
  3.  Amounts  distributed  from  such  fund shall be limited to amounts
appropriated therefor and shall be distributed as follows:
  (a) The office of court administration may expend  a  portion  of  the
funds  available  in such fund to provide] (I) COMMENCING ON MARCH THIR-
TY-FIRST, TWO THOUSAND ELEVEN, MONEYS FROM SUCH FUND SHALL FIRST BE MADE
AVAILABLE, IN THE CALENDAR YEAR NEXT SUCCEEDING  THE  CALENDAR  YEAR  IN
WHICH  COLLECTED,  TO  REIMBURSE  THE  STATE,  FOR PAYMENTS, MADE IN THE
PREVIOUS CALENDAR YEAR, FOR assigned counsel  paid  in  accordance  with
section  thirty-five  of the judiciary law, up to an annual sum of twen-
ty-five million dollars.
  [(b) An annual amount of forty million dollars shall be made available
to the city of New York from such fund for  the  provision  of  services
pursuant to article eighteen-B of the county law; provided that the city
of New York shall continue to provide at minimum the aggregate amount of
funding  for  public defense services including, but not limited to, the
amount of funding for contractors of public defense services  and  indi-
vidual  defense  attorneys,  that it provided, pursuant to article eigh-
teen-B of the county law during its two thousand nine--two thousand  ten
fiscal year.

S. 2807--B                         54

  (c)  Within  the first fifteen days of March two thousand eleven, each
county other than a county wholly contained within the city of New York,
shall receive ninety percent of the amount paid to such county in  March
two  thousand  ten.  Within the first fifteen days of March two thousand
twelve, each county other than a county wholly contained within the city
of  New  York  shall  receive seventy-five percent of the amount paid to
such county in March two thousand ten. Within the first fifteen days  of
March  two  thousand  thirteen,  each  county other than a county wholly
contained within the city of New York shall receive fifty percent of the
amount paid to such county in March two thousand ten. Within  the  first
fifteen  days  of  March two thousand fourteen, each county other than a
county wholly contained within the city of New York shall receive  twen-
ty-five  percent of the amount paid to such county in March two thousand
ten. For all state fiscal years following the two thousand thirteen--two
thousand fourteen  fiscal  year,  there  shall  be  no  required  annual
payments  pursuant  to this paragraph. Notwithstanding the provisions of
this paragraph, for each of the four required payments made to  counties
within the first fifteen days of March two thousand eleven, two thousand
twelve,  two  thousand  thirteen and two thousand fourteen, Hamilton and
Orleans counties shall receive such percentage  payments  based  on  the
amounts  that  each county would have received in March two thousand ten
had it satisfied the maintenance of  effort  requirement  set  forth  in
paragraph  (c)  of  subdivision  four  of this section in effect on such
date.
  (d) Remaining amounts within such fund, after  accounting  for  annual
payments required in paragraphs (a), (b) and (c) of this subdivision and
subparagraph  (iii)  of paragraph (a) of subdivision two of this section
shall be distributed in accordance with sections eight  hundred  thirty-
two and eight hundred thirty-three of the executive law.]
  (II)  COMMENCING  WITH THE PAYMENT ON APRIL FIRST, TWO THOUSAND ELEVEN
OR AS SOON THEREAFTER AS PRACTICABLE, AND SUBSEQUENT QUARTERLY  PAYMENTS
THEREAFTER,  MONEYS  FROM  SUCH FUND SHALL BE AVAILABLE TO REIMBURSE THE
STATE FOR PROVIDING FUNDING FOR LEGAL REPRESENTATION IN PERIODS  AND  AT
RATES OF COMPENSATION IN EFFECT AFTER JANUARY FIRST, TWO THOUSAND TEN IN
ACCORDANCE  WITH  SECTION THIRTY-FIVE OF THE JUDICIARY LAW, IN AN AMOUNT
EQUAL TO SUCH FUNDING PROVIDED DURING THE PRECEDING  QUARTER,  LESS  THE
AMOUNT  OF  FUNDING PROVIDED DURING THAT QUARTER IN ACCORDANCE WITH SUCH
SECTION AT RATES OF COMPENSATION IN EFFECT IMMEDIATELY PRIOR TO  JANUARY
FIRST, TWO THOUSAND TEN, UP TO BUT NOT EXCEEDING SIX MILLION TWO HUNDRED
FIFTY THOUSAND DOLLARS PER QUARTER.
  (C)  THE  BALANCE OF MONEYS RECEIVED BY SUCH FUND SHALL BE DISTRIBUTED
BY THE STATE COMPTROLLER, IN  THE  CALENDAR  YEAR  NEXT  SUCCEEDING  THE
CALENDAR  YEAR  IN  WHICH  COLLECTED,  TO COUNTIES AND, IN THE CASE OF A
COUNTY WHOLLY CONTAINED WITHIN A CITY, SUCH CITY, TO ASSIST  SUCH  COUN-
TIES AND SUCH CITY IN PROVIDING REPRESENTATION PURSUANT TO ARTICLE EIGH-
TEEN-B  OF  THE COUNTY LAW. THE AMOUNT TO BE MADE AVAILABLE EACH YEAR TO
SUCH COUNTIES AND SUCH CITY SHALL BE CALCULATED BY THE STATE COMPTROLLER
AS FOLLOWS:
  (I) THE COUNTY EXECUTIVE OR CHIEF EXECUTIVE OFFICER OF EACH COUNTY OR,
IN THE CASE OF A COUNTY WHOLLY CONTAINED WITHIN A CITY, SUCH CITY SHALL,
IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION SEVEN HUNDRED TWENTY-TWO-F
OF THE COUNTY LAW, CERTIFY TO THE STATE COMPTROLLER, BY MARCH  FIRST  OF
EACH  YEAR,  THE TOTAL EXPENDITURE OF LOCAL FUNDS BY EACH SUCH COUNTY OR
CITY, DURING THE PERIOD JANUARY FIRST THROUGH DECEMBER  THIRTY-FIRST  OF
THE  PREVIOUS  CALENDAR  YEAR,  FOR  PROVIDING  LEGAL  REPRESENTATION TO

S. 2807--B                         55

PERSONS WHO WERE FINANCIALLY UNABLE TO AFFORD COUNSEL, PURSUANT TO ARTI-
CLE EIGHTEEN-B OF THE COUNTY LAW.
  (II)  THE STATE COMPTROLLER SHALL THEN TOTAL THE AMOUNT OF LOCAL FUNDS
EXPENDED BY ALL SUCH COUNTIES AND SUCH CITY TO DETERMINE THE SUM OF SUCH
MONEYS EXPENDED BY ALL SUCH COUNTIES AND SUCH CITY  FOR  PROVIDING  SUCH
REPRESENTATION IN SUCH CALENDAR YEAR.
  (III)  THE STATE COMPTROLLER SHALL THEN CALCULATE THE PERCENTAGE SHARE
OF THE STATEWIDE SUM OF SUCH EXPENDITURES FOR EACH COUNTY AND SUCH  CITY
FOR SUCH CALENDAR YEAR.
  (IV) THE STATE COMPTROLLER SHALL THEN DETERMINE:
  (A) THE FUND AMOUNT AVAILABLE TO BE DISTRIBUTED PURSUANT TO THIS PARA-
GRAPH, WHICH SHALL BE THE AMOUNT RECEIVED BY THE INDIGENT LEGAL SERVICES
FUND  IN THE IMMEDIATELY PRECEDING CALENDAR YEAR, MINUS THE AMOUNT TO BE
DISTRIBUTED TO  THE  STATE  UNDER  PARAGRAPH  (B)  OF  THIS  SUBDIVISION
PROVIDED,  HOWEVER, THAT WITH RESPECT TO THE FIRST PAYMENT MADE TO COUN-
TIES AND SUCH CITY  ON  MARCH  THIRTY-FIRST,  TWO  THOUSAND  FIVE,  SUCH
PAYMENT  SHALL  BE  MADE FROM THE AMOUNTS RECEIVED BY THE INDIGENT LEGAL
SERVICES FUND IN THE IMMEDIATELY PRECEDING TWO CALENDAR YEARS, MINUS THE
AMOUNT TO BE DISTRIBUTED TO THE STATE UNDER PARAGRAPH (B) OF THIS SUBDI-
VISION; AND
  (B) THE ANNUAL PAYMENT AMOUNT TO BE PAID TO EACH COUNTY AND SUCH  CITY
PURSUANT TO THIS SUBDIVISION, WHICH SHALL BE THE PRODUCT OF THE PERCENT-
AGE  SHARE  OF  STATEWIDE  LOCAL  FUNDS EXPENDED BY EACH SUCH COUNTY AND
CITY, AS DETERMINED PURSUANT TO SUBPARAGRAPH (III)  OF  THIS  PARAGRAPH,
MULTIPLIED  BY THE FUND AMOUNT AVAILABLE FOR DISTRIBUTION, AS DETERMINED
PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH.
  (D) ALL PAYMENTS  FROM  THIS  ACCOUNT  SHALL  BE  MADE  UPON  VOUCHERS
APPROVED  AND  CERTIFIED  AND  UPON AUDIT AND WARRANT OF THE STATE COMP-
TROLLER. THE STATE COMPTROLLER SHALL, AS SOON AS PRACTICABLE, MAKE  SUCH
PAYMENTS  TO  THE  STATE  AND  EACH  COUNTY  AND EACH CITY IN A LUMP SUM
PAYMENT.
  4. (A) AS USED IN THIS SECTION, "LOCAL FUNDS"  SHALL  MEAN  ALL  FUNDS
APPROPRIATED OR ALLOCATED BY A COUNTY OR, IN THE CASE OF A COUNTY WHOLLY
CONTAINED WITHIN A CITY, SUCH CITY, FOR SERVICES AND EXPENSES IN ACCORD-
ANCE  WITH  ARTICLE  EIGHTEEN-B  OF  THE  COUNTY  LAW,  OTHER THAN FUNDS
RECEIVED FROM: (I) THE FEDERAL  GOVERNMENT  OR  THE  STATE;  OR  (II)  A
PRIVATE  SOURCE,  WHERE  SUCH  CITY OR COUNTY DOES NOT HAVE AUTHORITY OR
CONTROL OVER THE PAYMENT OF SUCH FUNDS BY SUCH PRIVATE SOURCE.
  (B) STATE FUNDS RECEIVED BY A COUNTY OR CITY PURSUANT  TO  SUBDIVISION
THREE  OF  THIS SECTION SHALL BE USED TO SUPPLEMENT AND NOT SUPPLANT ANY
LOCAL FUNDS WHICH SUCH COUNTY OR CITY WOULD OTHERWISE HAVE HAD TO EXPEND
FOR THE  PROVISION  OF  COUNSEL  AND  EXPERT,  INVESTIGATIVE  AND  OTHER
SERVICES  PURSUANT  TO  ARTICLE  EIGHTEEN-B  OF THE COUNTY LAW. ALL SUCH
STATE FUNDS RECEIVED BY A COUNTY OR CITY SHALL BE USED  TO  IMPROVE  THE
QUALITY OF SERVICES PROVIDED PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUN-
TY LAW.
  (C) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, AS A PRECONDITION
FOR  RECEIVING  STATE  ASSISTANCE  PURSUANT TO SUBDIVISION THREE OF THIS
SECTION, A COUNTY OR CITY SHALL BE REQUIRED PURSUANT TO  THIS  PARAGRAPH
TO  DEMONSTRATE  COMPLIANCE WITH THE MAINTENANCE OF EFFORT PROVISIONS OF
PARAGRAPH (B) OF THIS SUBDIVISION. SUCH COMPLIANCE SHALL BE SHOWN  AS  A
PART  OF THE ANNUAL REPORT SUBMITTED BY THE COUNTY OR CITY IN ACCORDANCE
WITH SUBDIVISION TWO OF SECTION SEVEN HUNDRED TWENTY-TWO-F OF THE COUNTY
LAW. SUCH MAINTENANCE OF EFFORT SHALL BE  SHOWN  BY  DEMONSTRATING  WITH
SPECIFICITY:

S. 2807--B                         56

  (I)  THAT  THE  TOTAL  AMOUNT OF LOCAL FUNDS EXPENDED FOR SERVICES AND
EXPENSES PURSUANT TO ARTICLE EIGHTEEN-B OF THE  COUNTY  LAW  DURING  THE
APPLICABLE  CALENDAR  YEAR  REPORTING  PERIOD  DID NOT DECREASE FROM THE
AMOUNT OF SUCH LOCAL FUNDS EXPENDED DURING THE  PREVIOUS  CALENDAR  YEAR
PROVIDED, HOWEVER, THAT WITH RESPECT TO THE REPORT FILED IN TWO THOUSAND
TWELVE  REGARDING CALENDAR YEAR TWO THOUSAND ELEVEN, SUCH MAINTENANCE OF
EFFORT SHALL BE SHOWN BY DEMONSTRATING WITH SPECIFICITY THAT  THE  TOTAL
AMOUNT  OF  LOCAL  FUNDS  EXPENDED FOR SERVICES AND EXPENSES PURSUANT TO
ARTICLE EIGHTEEN-B OF THE COUNTY LAW  DURING  THE  TWO  THOUSAND  ELEVEN
CALENDAR  YEAR  DID  NOT  DECREASE  FROM  THE AMOUNT OF SUCH LOCAL FUNDS
EXPENDED DURING CALENDAR YEAR TWO THOUSAND TEN; OR
  (II) WHERE THE AMOUNT  OF  LOCAL  FUNDS  EXPENDED  FOR  SUCH  SERVICES
DECREASED  OVER  SUCH  PERIOD,  THAT ALL STATE FUNDS RECEIVED DURING THE
MOST RECENT STATE FISCAL YEAR PURSUANT  TO  SUBDIVISION  THREE  OF  THIS
SECTION  WERE  USED  TO ASSURE AN IMPROVEMENT IN THE QUALITY OF SERVICES
PROVIDED IN ACCORDANCE WITH ARTICLE EIGHTEEN-B OF  THE  COUNTY  LAW  AND
HAVE NOT BEEN USED TO SUPPLANT LOCAL FUNDS. FOR PURPOSES OF THIS SUBPAR-
AGRAPH,  WHETHER  THERE  HAS  BEEN AN IMPROVEMENT IN THE QUALITY OF SUCH
SERVICES SHALL BE DETERMINED BY CONSIDERING THE EXPERTISE, TRAINING  AND
RESOURCES MADE AVAILABLE TO ATTORNEYS, EXPERTS AND INVESTIGATORS PROVID-
ING SUCH SERVICES; THE TOTAL CASELOAD HANDLED BY SUCH ATTORNEYS, EXPERTS
AND  INVESTIGATORS AS SUCH RELATES TO THE TIME EXPENDED IN EACH CASE AND
THE QUALITY OF SERVICES PROVIDED; THE SYSTEM  BY  WHICH  ATTORNEYS  WERE
MATCHED TO CASES WITH A DEGREE OF COMPLEXITY SUITABLE TO EACH ATTORNEY'S
TRAINING AND EXPERIENCE; THE PROVISION OF TIMELY AND CONFIDENTIAL ACCESS
TO  SUCH  ATTORNEYS AND EXPERT AND INVESTIGATIVE SERVICES; AND ANY OTHER
SIMILAR FACTORS RELATED  TO  THE  DELIVERY  OF  QUALITY  PUBLIC  DEFENSE
SERVICES.
  S  3.  Subdivision  3  of section 722 of the county law, as amended by
section 3 of part E of chapter 56 of the laws of  2010,  is  amended  to
read as follows:
  3.  (a) Representation by counsel furnished pursuant to either or both
of the following: a plan of a bar association in each county or the city
in which a county is wholly  contained  whereby:  (i)  the  services  of
private  counsel  are  rotated  and coordinated by an administrator, and
such administrator may be compensated for such  service;  or  (ii)  such
representation is provided by an office of conflict defender.
  (b)  Any  plan  of  a bar association must receive the approval of the
[state administrator] OFFICE OF COURT ADMINISTRATION before the plan  is
placed  in operation. In the county of Hamilton, representation pursuant
to a plan of a bar association in accordance with  subparagraph  (i)  of
paragraph  (a)  of  this  subdivision may be by counsel furnished by the
Fulton county bar association pursuant to a plan of  the  Fulton  county
bar  association, following approval of the [state administrator] OFFICE
OF COURT ADMINISTRATION.   When considering approval  of  an  office  of
conflict  defender  pursuant  to this section, the [state administrator]
OFFICE OF COURT ADMINISTRATION shall employ [the guidelines  established
by  the  office  of indigent legal services pursuant to paragraph (d) of
subdivision three of section eight hundred thirty-two of  the  executive
law]  STANDARDS AND CRITERIA PROMULGATED BY THE OFFICE FOR THE PROVISION
OF SUCH SERVICES IN CASES INVOLVING A CONFLICT OF INTEREST AND TO ASSIST
COUNTIES TO DEVELOP PLANS CONSISTENT WITH SUCH STANDARDS AND CRITERIA.
  (c) Any county operating an office of conflict defender, as  described
in  subparagraph  (ii) of paragraph (a) of this subdivision, as of March
thirty-first, two thousand ten may  continue  to  utilize  the  services
provided  by  such office provided that the county submits a plan to the

S. 2807--B                         57

[state administrator] OFFICE OF COURT ADMINISTRATION within one  hundred
eighty  days  after  the  promulgation  of criteria for the provision of
conflict defender services by the office of  [indigent  legal  services]
COURT  ADMINISTRATION.  The authority to operate such an office pursuant
to this paragraph shall expire when the [state administrator] OFFICE  OF
COURT  ADMINISTRATION  approves or disapproves such plan. Upon approval,
the county is authorized to operate such office in accordance with para-
graphs (a) and (b) of this subdivision.
  S 4. This act shall take effect immediately.

                                 PART S

  Section 1. Notwithstanding sections 113 and 470 of the retirement  and
social  security  law, subdivision 4 of section 201 of the civil service
law, or any other general, special or local law, in connection with  the
acquisition of the assets of Community-General Hospital of greater Syra-
cuse by SUNY Upstate Medical University, subject to the approval of such
acquisition by the comptroller, the attorney general and the director of
the  budget, effective upon the closing of the acquisition, SUNY Upstate
Medical University shall be authorized to assume and  maintain,  as  the
plan sponsor, all or part of the retirement plan for employees of Commu-
nity-General  Hospital  of Greater Syracuse, including all or the appro-
priate portion of the assets  related  thereto  and  the  provision  for
payment  of  benefits  thereunder. Such authority shall include, without
limitation, the authority to make any and all required payments of bene-
fits due to  the  members,  retirees  and  beneficiaries,  to  make  any
contributions  that  may  be  necessary  to provide such benefits and to
amend or terminate the retirement plan for employees of Community-Gener-
al Hospital of Greater Syracuse.
  S 2. This act shall take effect immediately.

                                 PART T

  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 2 of part QQ of
chapter 56 of the laws of 2010, 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,
[2011]  2012 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  2.  This  act  shall take effect immediately, provided, however, if
section two of this act shall take effect on  or  after  June  30,  2011
section  two  of this act shall be deemed to have been in full force and
effect on and after June 30, 2011.

                                 PART U

S. 2807--B                         58

  Section 1. Paragraph a of subdivision 2 of section 679-e of the educa-
tion law, as amended by section 1 of part VV of chapter 56 of  the  laws
of 2009, is amended to read as follows:
  a. (i) "Eligible attorney" means an attorney, admitted to practice law
in New York state, who is employed full-time as either a district attor-
ney,  as defined in subparagraph (ii) of this paragraph[, or an indigent
legal services attorney, as defined in subparagraph (iii) of this  para-
graph,]  who is admitted to practice law in this state for not more than
eleven years and who was within the eligible period as defined in  para-
graph  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.]
  S 2. This act shall take effect immediately.

                                 PART V

  Section 1. Subdivision 2 of section 189  of  the  correction  law,  as
added by chapter 3 of the laws of 1995, is amended to read as follows:
  2.  The commissioner [may] SHALL collect from the compensation paid to
a prisoner for work performed while  housed  in  a  general  confinement
facility  an  incarceration  fee, not to exceed one dollar per week, for
each week of confinement to help defray the costs of incarceration.  The
commissioner  shall  waive the collection of such fee where it is deter-
mined that the payment of the fee would work an unreasonable hardship on
the prisoner or his or her immediate family.
  S 2. This act shall take effect immediately,  provided  however,  that
the  amendments to section 189 of the correction law made by section one
of this act shall not affect the expiration of such section and shall be
deemed to expire therewith.

                                 PART W

  Section 1. Section 26 of the correction law, as amended by chapter 487
of the laws of 1994, is amended to read as follows:
  S 26. Establishment of commissaries or canteens in correctional insti-
tutions.  1. The commissioner may authorize the head of any  institution
in  the department to establish a commissary or a canteen in such insti-
tution for the use and benefit of inmates.  The moneys received  by  the
head  of  the institution as profits from the sales of the commissary or
canteen shall be deposited in a special fund to be known as the  commis-
sary  or  canteen  fund  and  such  funds  shall be used for the general

S. 2807--B                         59

purposes of the institution subject to the provisions of section  fifty-
three of the state finance law.
  2.  ANY  INSTITUTION  AUTHORIZED  BY  THE  COMMISSIONER TO ESTABLISH A
COMMISSARY OR CANTEEN SHALL  ASSESS  THE  APPROPRIATE  STATE  AND  LOCAL
SALES,  USE  AND  EXCISE  TAXES  ON THE ITEMS SOLD AT SUCH COMMISSARY OR
CANTEEN.
  S 2. This act shall take effect immediately.

                                 PART X

  Section 1. The correction law is amended by adding a new  section  607
to read as follows:
  S 607. MEDICAL TREATMENT CO-PAYMENT. 1. AN INMATE OF AN INSTITUTION OF
THE  DEPARTMENT  SHALL  MAKE A MEDICAL CO-PAYMENT IN THE AMOUNT OF SEVEN
DOLLARS UPON RECEIPT OF MEDICAL TREATMENT.
  2. EACH INMATE SHALL BE REQUIRED TO SIGN A LOG DOCUMENTING THE  SCHED-
ULED  TIME  OF  VISIT,  INMATE  NAME  AND  ID  NUMBER AND DESCRIPTION OF
COMPLAINT.
  3. EACH MEDICAL CO-PAYMENT SHALL BE POSTED TO  THE  INMATES'  ACCOUNTS
EITHER  AS  MEDICAL  OR  DENTAL CHARGES TO FACILITATE RESPONSE TO INMATE
QUERIES.
  4. EACH INMATE SHALL BE SENT AN ACCOUNT STATEMENT AT THE END  OF  EACH
MONTH  SHOWING ALL CREDITS AND DEBITS AGAINST THE ACCOUNT AND ACCOMPANY-
ING EXPLANATIONS.
  5. SHOULD AN INMATE NOT HAVE SUFFICIENT FUNDS IN HIS OR HER ACCOUNT TO
COVER THE CHARGES, THEN HIS OR  HER  ACCOUNT  SHALL  BE  FROZEN  PENDING
RECEIPT OF FUNDS SUFFICIENT TO SATISFY HIS OR HER OBLIGATION.
  6. AN INMATE SHALL NOT BE REFUSED TREATMENT FOR LACK OF ABILITY TO PAY
CO-PAYMENT CHARGES. THE CHARGE IS ASSESSED AFTER COMPLETION OF THE VISIT
WHEN THE VISIT LOG IS PROCESSED.
  7. INMATES ARE NOT ASSESSED CO-PAYMENT CHARGES FOR PSYCHIATRIC VISITS.
  8.  FEDERAL  INMATES WILL BE BILLED DIRECTLY TO THE JURISDICTION WHICH
WAS AGREED TO BY THE FEDERAL AGENCY. SUBSEQUENTLY FEDERAL BOARDERS  WILL
NOT BE ASSESSED CO-PAYMENT IF THAT JURISDICTION IS PAYING THE DEPARTMENT
A SPECIFIC PER DIEM TO HOUSE EACH INMATE.
  9.  ALL  MONEYS COLLECTED PURSUANT TO THIS SECTION WILL BE MADE AVAIL-
ABLE FOR THE OPERATION OF THE CORRECTIONAL FACILITY.
  10. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  NECESSARY
FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, except that any rule or regulation necessary
for the timely implementation of this act on its effective date shall be
promulgated on or before such date.

                                 PART Y

  Section  1.  Subparagraph  (i)  of  paragraph  (a) of subdivision 2 of
section 259-i of the executive law, as separately amended by section  11
of  part E and section 9 of part F of chapter 62 of the laws of 2003, is
amended to read as follows:
  (i) Except as provided in subparagraph  (ii)  of  this  paragraph,  at
least  one  month  prior  to  the date on which an inmate may be paroled
pursuant to subdivision one of section 70.40 of the penal law, a  member
or  members  as  determined  by  the rules of the board shall personally
interview such inmate and determine whether he OR SHE should be  paroled
in  accordance  with the guidelines adopted pursuant to subdivision four

S. 2807--B                         60

of section two hundred fifty-nine-c of this article.  SUCH DETERMINATION
TO PAROLE SUCH INMATE SHALL BE BY UNANIMOUS AGREEMENT OF THE  BOARD.  If
parole  is not granted upon such review, the inmate shall be informed in
writing  within  two weeks of such appearance of the factors and reasons
for such denial of parole. Such reasons shall be given in detail and not
in conclusory terms. The board shall specify a date not more than  twen-
ty-four  months  from  such  determination  for reconsideration, and the
procedures to be followed upon reconsideration shall be the same. If the
inmate is released, he OR SHE shall be given a copy of the conditions of
parole. Such conditions shall where appropriate, include  a  requirement
that the parolee comply with any restitution order, mandatory surcharge,
sex offender registration fee and DNA databank fee previously imposed by
a court of competent jurisdiction that applies to the parolee. The board
of parole shall indicate which restitution collection agency established
under subdivision eight of section 420.10 of the criminal procedure law,
shall be responsible for collection of restitution, mandatory surcharge,
sex  offender registration fees and DNA databank fees as provided for in
section 60.35 of the penal law and section eighteen hundred nine of  the
vehicle and traffic law.
  S  2. Paragraph (a) of subdivision 2 of section 259-i of the executive
law, as amended by chapter 396 of the laws of 1987, is amended  to  read
as follows:
  (a)  At  least one month prior to the expiration of the minimum period
or periods of imprisonment fixed by the court  or  board,  a  member  or
members  as determined by the rules of the board shall personally inter-
view an inmate serving an indeterminate sentence and  determine  whether
he  OR  SHE should be paroled at the expiration of the minimum period or
periods in accordance with the guidelines adopted pursuant  to  subdivi-
sion  four  of  section two hundred fifty-nine-c.  SUCH DETERMINATION TO
PAROLE SUCH INMATE SHALL BE BY UNANIMOUS  AGREEMENT  OF  THE  BOARD.  If
parole  is not granted upon such review, the inmate shall be informed in
writing within two weeks of such appearance of the factors  and  reasons
for such denial of parole. Such reasons shall be given in detail and not
in  conclusory terms. The board shall specify a date not more than twen-
ty-four months from such  determination  for  reconsideration,  and  the
procedures to be followed upon reconsideration shall be the same. If the
inmate is released, he OR SHE shall be given a copy of the conditions of
parole.  Such  conditions shall where appropriate, include a requirement
that the  parolee  comply  with  any  restitution  order  and  mandatory
surcharge  previously  imposed by a court of competent jurisdiction that
applies to the parolee. The board of parole shall indicate which  resti-
tution  collection agency established under subdivision eight of section
420.10  of  the  criminal  procedure  law,  shall  be  responsible   for
collection  of  restitution  and  mandatory surcharge as provided for in
section 60.35 of the penal law and section eighteen hundred nine of  the
vehicle and traffic law.
  S  3. This act shall take effect immediately, provided that the amend-
ments to paragraph (a) of subdivision 2 of section 259-i of  the  execu-
tive law made by section one of this act shall be subject to the expira-
tion and reversion of such paragraph pursuant to section 74 of chapter 3
of  the  laws of 1995, as amended, when upon such date the provisions of
section two of this act shall take effect.

                                 PART Z

S. 2807--B                         61

  Section 1. Subparagraph (A) of  paragraph  (c)  of  subdivision  2  of
section 259-i of the executive law, as amended by section 12 of part AAA
of chapter 56 of the laws of 2009, 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-
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;  (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; AND (VII) A STATEMENT,  EITHER  WRITTEN  OR
ORAL,  TO  BE  MADE  BY  THE CHIEF LAW ENFORCEMENT OFFICER OR HIS OR HER
DESIGNEE WITH JURISDICTION OVER THE CRIME OR CRIMES FOR WHICH THE INMATE
IS INCARCERATED. SUCH STATEMENT SHALL INCLUDE INFORMATION WHICH, IN  THE
SOLE  DISCRETION  OF  SUCH CHIEF LAW ENFORCEMENT OFFICER, RELATES TO THE
LAW ENFORCEMENT AGENCY'S OR OFFICER'S EXPERIENCE  WITH  THE  INMATE  AND
WHICH  SUCH  OFFICER  BELIEVES  MAY  BE  RELEVANT TO ANY DECISION OF THE
BOARD.  The board shall provide toll free  telephone  access  for  crime
victims. In the case of an oral statement made in accordance with subdi-
vision  one  of section 440.50 of the criminal procedure 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  informa-
tion  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 2. This act shall take effect immediately.

S. 2807--B                         62

                                 PART AA

  Section  1. The correction law is amended by adding a new section 79-c
to read as follows:
  S 79-C. PRISON EFFICIENCY TASK FORCE. 1. THERE IS ESTABLISHED THE TASK
FORCE ON PRISON EFFICIENCY ("TASK  FORCE")  THAT  SHALL  RECOMMEND  COST
SAVING  STRATEGIES  FOR  THE  DEPARTMENT, AND SHALL RECOMMEND CLOSURE OF
CORRECTIONAL FACILITIES CLASSIFIED AS MINIMUM SECURITY LEVEL AND  MEDIUM
SECURITY LEVEL DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE
FISCAL YEAR, SUFFICIENT TO REDUCE EXCESS CAPACITY AND TO ACHIEVE SAVINGS
PROVIDED  FOR  IN  THE  STATE  OPERATIONS  BUDGET  FOR  THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR.
  2. (A) THE TASK  FORCE'S  MEMBERSHIP  SHALL  CONSIST  OF  NINE  VOTING
MEMBERS, WHICH SHALL INCLUDE PERSONS WITH EXPERTISE IN SUCH AREAS AS THE
PROVISION OF CORRECTIONAL SERVICES, STATE BUDGETING, BUSINESS OR GOVERN-
MENTAL  OPERATIONS,  LABOR RELATIONS, OR OTHER RELEVANT EXPERTISE; THREE
MEMBERS APPOINTED BY THE NEW YORK STATE ASSEMBLY, TWO RECOMMENDED BY THE
SPEAKER OF THE ASSEMBLY AND ONE RECOMMENDED BY THE  MINORITY  LEADER  OF
THE  ASSEMBLY; THREE MEMBERS APPOINTED BY THE NEW YORK STATE SENATE, TWO
RECOMMENDED BY THE TEMPORARY PRESIDENT OF THE SENATE AND ONE RECOMMENDED
BY THE MINORITY LEADER OF THE SENATE; AND THREE MEMBERS APPOINTED BY THE
GOVERNOR, ONE OF WHICH SHALL BE THE COMMISSIONER,  WHO  SHALL  SERVE  AS
CHAIR OF THE TASK FORCE.
  (B)  APPOINTMENTS  WILL BE MADE WITHIN TEN DAYS AFTER ENACTMENT OF THE
STATE OPERATIONS BUDGET FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
STATE FISCAL YEAR, AND THE GOVERNOR SHALL  BE  AUTHORIZED  TO  FILL  ANY
VACANCIES  CREATED SHOULD ANY OF THE ENTITIES OF THE LEGISLATURE FAIL TO
APPOINT WITHIN SUCH TEN DAYS.
  (C) VACANCIES OCCURRING THEREAFTER SHALL BE FILLED IN THE SAME  MANNER
BY THE RESPECTIVE APPOINTING ENTITY.
  (D)  A  MAJORITY  OF THE TOTAL MEMBERS OF THE TASK FORCE WHO HAVE BEEN
APPOINTED SHALL CONSTITUTE A QUORUM, AND ALL RECOMMENDATIONS OF THE TASK
FORCE SHALL REQUIRE UNANIMOUS APPROVAL OF ITS MEMBERS.
  3. EVERY DEPARTMENT, AGENCY, BOARD,  PUBLIC  BENEFIT  CORPORATION,  OR
AUTHORITY  OF  NEW YORK STATE SHALL PROVIDE TO THE TASK FORCE ALL NECES-
SARY ASSISTANCE AND COOPERATION, INCLUDING THE  USE  OF  ANY  FACILITIES
OWNED  OR  OPERATED BY THE STATE, WHICH MAY BE NECESSARY OR DESIRABLE TO
FULFILL THE PURPOSES OF THIS SECTION. STAFF SUPPORT  NECESSARY  FOR  THE
CONDUCT  OF  THE TASK FORCE'S WORK MAY BE FURNISHED BY ANY SUCH AGENCIES
AND AUTHORITIES, SUBJECT TO THE APPROVAL OF THE BOARDS OF  DIRECTORS  OF
SUCH AUTHORITIES.
  4.  THE  TASK  FORCE IS CHARGED WITH IDENTIFYING INEFFICIENCIES WITHIN
THE STATE CORRECTIONAL SYSTEM, INCLUDING IDENTIFYING MINIMUM AND  MEDIUM
SECURITY FACILITIES FOR CLOSURE IN THE TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE  STATE  FISCAL  YEAR, SUFFICIENT TO REDUCE ANY EXCESS CAPACITY IN
THE STATE PRISON SYSTEM. IN MAKING ITS SELECTIONS, THE TASK FORCE  SHALL
CONSIDER  THE FOLLOWING, NON-EXCLUSIVE LIST OF CRITERIA, GIVING PRIORITY
IN THE ORDER LISTED:
  (A) MARKETABILITY OF THE PROPERTY;
  (B) VALUE OF THE PROPERTY;
  (C) ECONOMIC IMPACT ON COMMUNITY AND REGION AFFECTED;
  (D) IMPACT ON THE UNEMPLOYMENT RATE IN THE IMPACTED COMMUNITY;
  (E) COST TO MAINTAIN AND OPERATE THE FACILITY AND INFRASTRUCTURE;
  (F) WORKFORCE PRODUCTIVITY;
  (G) LOCATION OF THE FACILITY AND EASE AND COST OF TRANSPORTATION;
  (H) IMPACT ON THE WORKFORCE OF THE CLOSURE;

S. 2807--B                         63

  (I) EXCESS CAPACITY; AND
  (J)  THE FISCAL CONSTRAINTS PROPOSED IN THE EXECUTIVE STATE OPERATIONS
BUDGET FOR THE TWO THOUSAND ELEVEN--TWO  THOUSAND  TWELVE  STATE  FISCAL
YEAR.
  5. THE TASK FORCE SHALL COMMENCE ITS WORK IMMEDIATELY UPON APPOINTMENT
OF  ALL  OF  THE  TASK FORCE MEMBERS BUT NO LATER THAN ELEVEN DAYS AFTER
ENACTMENT  OF  THE  STATE  OPERATIONS  BUDGET  FOR  THE   TWO   THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE STATE FISCAL YEAR. THE TASK FORCE'S RECOM-
MENDATIONS SHALL BE TRANSMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT
OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER  OF  THE
SENATE,  AND  THE  MINORITY  LEADER OF THE ASSEMBLY WITHIN SIXTY DAYS OF
COMMENCING ITS WORK. THE TASK FORCE'S RECOMMENDATIONS AS TO SAVINGS  AND
CLOSURE SHALL BE BINDING UPON THE COMMISSIONER SO LONG AS SUCH RECOMMEN-
DATIONS ARE IN ACCORD WITH THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect immediately.

                                 PART BB

  Section  1.  Section 7 of the civil service law is amended by adding a
new subdivision 7 to read as follows:
  7. (A) THE PRESIDENT, IN CONJUNCTION WITH THE DIRECTOR OF THE DIVISION
OF THE BUDGET, SHALL INVESTIGATE AND REPORT TO THE CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE AND THE CHAIR OF THE SENATE FINANCE  COMMITTEE,
ON  THE  STATEWIDE  IMPACT  OF  ANY STATE EMPLOYEE WORKFORCE REDUCTIONS,
WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
  (B) SUCH INVESTIGATION AND REPORT SHALL DETAIL AND INCLUDE THE  IMPACT
OF  ANY WORKFORCE REDUCTION ON A PER COUNTY BASIS, AND FOR A CITY WITH A
POPULATION OF ONE MILLION OR MORE, ON A PER BOROUGH BASIS, AND DETAIL IN
TERMS OF FULL TIME EQUIVALENT POSITIONS AND THE ACTUAL NUMBER OF EMPLOY-
EES LAID OFF, TERMINATED, RETIRING, RESIGNING OR  TRANSFERRED  TO  OTHER
LOCATIONS OR JOB TITLES AS DEFINED BY ARTICLE EIGHT OF THIS CHAPTER.
  (C) SUCH INVESTIGATION AND REPORT SHALL FURTHER DETAIL AND INCLUDE THE
IMPACT OF ANY WORKFORCE REDUCTION ON A PER PROGRAM BASIS, AND REPORT AND
ENUMERATE  THE  ACTUAL  NUMBER, TYPE AND CLASSIFICATION OF ALL FULL TIME
EQUIVALENT POSITIONS AFFECTED AND THE ACTUAL NUMBER  OF  EMPLOYEES  LAID
OFF,  TERMINATED,  RETIRING, RESIGNING OR TRANSFERRED TO OTHER LOCATIONS
OR JOB TITLES AS DEFINED BY ARTICLE EIGHT OF THIS CHAPTER.
  S 2. This act shall take effect immediately.

                                 PART CC

  Section 1. Subparagraphs (i) and (ii)  of  the  opening  paragraph  of
section 1210 of the tax law are REPEALED.
  S  2. The opening paragraph, and subdivisions (a), (b), (c), (d), (e),
(f), (g), (j), (m), (n) and (o) of section 1210  of  the  tax  law,  the
opening paragraph as separately amended by chapters 4, 5, 8 and 9 of the
laws  of  2003, subdivision (a) as amended by chapter 405 of the laws of
1971, paragraph 1 of subdivision (a) as amended by section 3 of part  GG
of  chapter  57  of the laws of 2010, paragraph 3 of subdivision (a) and
paragraph (b) as amended by chapter 746 of the laws  of  1979,  subpara-
graph  (i)  of paragraph 3 of subdivision (a) as amended by section 2 of
part B of chapter 35 of the laws of 2006, subparagraph (iv) of paragraph
3 of subdivision (a) as added by chapter 933 of the laws of 1985,  para-
graph  4  of  subdivision  (a)  as amended by chapter 200 of the laws of
2009, paragraph 1 of subdivision (b) as amended by section  36  of  part
S-1  of  chapter  57 of the laws of 2009, paragraph 2 of subdivision (b)

S. 2807--B                         64

and subdivision (c) as amended by section 36 of part Y of chapter 63  of
the  laws of 2000, subparagraph (i) of paragraph 3 of subdivision (b) as
amended by section 3 of part B of chapter 35 of the laws of 2006,  para-
graph  4  of subdivision (b) as added by section 13 of part S of chapter
85 of the laws of 2002, subdivision (d) as amended by section 37 of part
S-1 of chapter 57 of the laws of 2009, subdivision  (e)  as  amended  by
chapter 288 of the laws of 1969, subdivision (f) as amended by section 6
of part SS-1 of chapter 57 of the laws of 2008, subdivision (g) as added
by  chapter 168 of the laws of 1975, subdivision (j) as added by chapter
444 of the laws of 1996, subdivision (m) as amended by section 5 of part
Z of chapter 63 of the laws of 2003, subdivision (n) as added by chapter
306 of the laws of 2005, and subdivision (o) as added by section  12  of
part  M-1  of chapter 109 of the laws of 2006, are amended and three new
subdivisions (p), (q) and (r) are added to read as follows:
  Notwithstanding any other  provision  of  law  to  the  contrary,  but
subject  to  the  limitations  and exemptions OF THIS SUBDIVISION AND in
part II of this article, any city in this state THAT  IS  ENUMERATED  IN
PARAGRAPH  (II)  OF  SUBDIVISION  (P)  OF THIS SECTION or county in this
state, except a county wholly within a city, acting  through  its  local
legislative body, is hereby authorized and empowered, BY A MAJORITY VOTE
OF  THE  TOTAL VOTING POWER OF SUCH LEGISLATIVE BODY, to adopt and amend
local laws, [ordinances or resolutions imposing] NOT LESS THAN BIANNUAL-
LY, TO IMPOSE IN SUCH CITY OR COUNTY THE TAXES  THAT  ARE  DESCRIBED  IN
EITHER  SUBDIVISION  (A)  OR (B) OF THIS SECTION AT A RATE NOT TO EXCEED
FOUR PERCENT, IN INCREMENTS OF NOT LESS THAN ONE-QUARTER OF ONE PERCENT.
PROVIDED THAT, NOTWITHSTANDING THE PREVIOUS SENTENCE, EACH CITY OR COUN-
TY THAT, ON THE FIRST DAY OF APRIL, TWO THOUSAND ELEVEN, IMPOSES  A  TAX
PURSUANT  TO THIS SECTION AT A RATE IN EXCESS OF FOUR PERCENT, SUCH CITY
OR COUNTY IS AUTHORIZED AND EMPOWERED, BY A MAJORITY VOTE OF  THE  TOTAL
VOTING  POWER  OF  SUCH LEGISLATIVE BODY, TO ADOPT AND AMEND LOCAL LAWS,
NOT LESS THAN BIANNUALLY, TO IMPOSE IN SUCH CITY  OR  COUNTY  THE  TAXES
DESCRIBED IN EITHER SUBDIVISION (A) OR (B) OF THIS SECTION AT A RATE NOT
IN  EXCESS  OF THE RATE THAT SUCH TAXES WERE IMPOSED ON THE FIRST DAY OF
APRIL, TWO THOUSAND ELEVEN.  PROVIDED FURTHER THAT, UPON  A  FINDING  OF
NEED  PURSUANT  TO  SUBDIVISION (R) OF THIS SECTION, EACH COUNTY IN THIS
STATE, EXCEPT A COUNTY WHOLLY WITHIN A CITY, ACTING THROUGH ITS LEGISLA-
TIVE BODY, IS AUTHORIZED AND EMPOWERED, BY  A  TWO-THIRDS  VOTE  OF  THE
TOTAL  VOTING POWER OF THE COUNTY'S LEGISLATIVE BODY, TO ADOPT AND AMEND
LOCAL LAWS, NOT LESS THAN BIANNUALLY, TO IMPOSE AN  ADDITIONAL  RATE  OF
TAX  FOR  THE  TAXES DESCRIBED IN EITHER SUBDIVISION (A) OR (B) THAT ARE
CURRENTLY IMPOSED BY THE COUNTY  in  any  such  [city  or]  county  [the
following  taxes,  at  the rate of one-half, one, one and one-half, two,
two and one-half or three percent, provided, however, that:].  THE ADDI-
TIONAL RATE OF TAX SHALL BE IMPOSED IN INCREMENTS OF NOT LESS THAN  ONE-
QUARTER  OF  ONE  PERCENT  AND  SHALL  NOT  EXCEED  THE  ADDITIONAL RATE
PRESCRIBED IN SUBDIVISION (P) OF THIS SECTION FOR SUCH COUNTY, WITH SUCH
TAXES TO BE ADMINISTERED, COLLECTED AND DISTRIBUTED BY THE  COMMISSIONER
AS  PROVIDED  IN  SUBPART  B OF PART III AND IN PART IV OF THIS ARTICLE.
ADDITIONALLY, UPON A FINDING OF NEED PURSUANT TO SUBDIVISION (R) OF THIS
SECTION AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,
BUT  SUBJECT  TO THE LIMITATIONS AND EXEMPTIONS IN PART II OF THIS ARTI-
CLE, EACH CITY IN THIS STATE ENUMERATED IN PARAGRAPH (II) OF SUBDIVISION
(P) OF THIS SECTION, ACTING THROUGH  ITS  LEGISLATIVE  BODY,  IS  HEREBY
AUTHORIZED AND EMPOWERED, BY A TWO-THIRDS VOTE OF THE TOTAL VOTING POWER
OF  THE CITY'S LEGISLATIVE BODY, TO ADOPT AND AMEND LOCAL LAWS, NOT LESS
THAN BIANNUALLY, TO IMPOSE IN SUCH CITY AN ADDITIONAL RATE  OF  TAX  FOR

S. 2807--B                         65

THE  TAXES  DESCRIBED IN SUBDIVISION (A) OR (B) OF THIS SECTION THAT ARE
IMPOSED BY SUCH CITY AT A RATE THAT DOES NOT EXCEED THE ADDITIONAL  RATE
PRESCRIBED  IN  SUBDIVISION (P) OF THIS SECTION FOR SUCH CITY, WITH SUCH
TAXES  TO BE ADMINISTERED, COLLECTED AND DISTRIBUTED BY THE COMMISSIONER
AS PROVIDED IN SUBPART B OF PART III AND IN PART IV OF THIS ARTICLE. ANY
LOCAL LAW, ORDINANCE OR RESOLUTION IN EFFECT ON APRIL FIRST,  TWO  THOU-
SAND  ELEVEN  SHALL  REMAIN  IN  FULL  FORCE  AND  EFFECT UNTIL THE DATE
PROVIDED IN SUBDIVISION (Q) OF THIS SECTION.
  (a) [(1) Either, all] (I) ALL of the taxes described in article  twen-
ty-eight of this chapter[,] at the same uniform rate[, as to which taxes
all provisions of the]. THE local [laws, ordinances or resolutions] LAW,
OR, FOR ENACTMENTS PRIOR TO APRIL FIRST, TWO THOUSAND ELEVEN, LOCAL LAW,
ORDINANCE  OR RESOLUTION, imposing such taxes shall be identical, except
as to rate and except as  otherwise  provided,  with  the  corresponding
provisions in [such] article twenty-eight OF THIS CHAPTER, including the
definition  and  exemption  provisions  of  such  article, so far as the
provisions of such article twenty-eight can be made  applicable  to  the
taxes  imposed  by  such  city  or  county and with such limitations and
special provisions as are set forth in this article. The  taxes  author-
ized  under  this  subdivision  may  not  be imposed by a city or county
unless the local law, OR, FOR ENACTMENTS PRIOR TO APRIL FIRST, TWO THOU-
SAND ELEVEN, LOCAL LAW, ordinance or resolution, imposes such  taxes  so
as  to include all portions and all types of receipts, charges or rents,
subject to state tax under  sections  eleven  hundred  five  and  eleven
hundred  ten  of  this  chapter, except as otherwise provided. ANY LOCAL
LAW, ORDINANCE OR RESOLUTION IN EFFECT  ON  APRIL  FIRST,  TWO  THOUSAND
ELEVEN  SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL THE DATE PROVIDED IN
SUBDIVISION (Q) OF THIS SECTION.
  [(i)] (A) Any local law, OR, FOR ENACTMENTS PRIOR TO APRIL FIRST,  TWO
THOUSAND ELEVEN, LOCAL LAW, ordinance or resolution, enacted by any city
of  less than one million or by any county, or school district, imposing
the taxes authorized by this  subdivision,  shall,  notwithstanding  any
provision  of  law  to  the contrary, exclude from the operation of such
local taxes all sales of tangible personal property for use or  consump-
tion  directly  and predominantly in the production of tangible personal
property, gas, electricity, refrigeration or steam, for sale,  by  manu-
facturing,   processing,   generating,  assembly,  refining,  mining  or
extracting; and all sales of  tangible  personal  property  for  use  or
consumption  predominantly either in the production of tangible personal
property, for sale, by farming or in a commercial horse boarding  opera-
tion,  or  in  both;  and,  unless  such city, county or school district
elects  otherwise,  shall  omit  the  provision  for  credit  or  refund
contained in clause six of subdivision (a) or subdivision (d) of section
eleven  hundred  nineteen  of this chapter.  ANY LOCAL LAW, ORDINANCE OR
RESOLUTION IN EFFECT ON APRIL FIRST, TWO THOUSAND ELEVEN SHALL REMAIN IN
FULL FORCE AND EFFECT UNTIL THE DATE PROVIDED IN SUBDIVISION (Q) OF THIS
SECTION.
  [(ii)] (B) Any local law, ordinance or resolution enacted by any city,
county or school district, imposing the taxes authorized by this  subdi-
vision,  shall  omit  the  residential  solar  energy  systems equipment
exemption provided for in subdivision (ee) and the clothing and footwear
exemption provided for in paragraph thirty of subdivision (a) of section
eleven hundred fifteen of this chapter,  unless  such  city,  county  or
school  district  elects  otherwise  as to either such residential solar
energy  systems  equipment  exemption  or  such  clothing  and  footwear
exemption.    ANY  LOCAL LAW, ORDINANCE OR RESOLUTION IN EFFECT ON APRIL

S. 2807--B                         66

FIRST, TWO THOUSAND ELEVEN SHALL REMAIN IN FULL FORCE AND  EFFECT  UNTIL
THE DATE PROVIDED IN SUBDIVISION (Q) OF THIS SECTION.
  [(2)] (II) A sale of tangible personal property to a person for use by
him  in  performing  the services of laundering, drycleaning, tailoring,
weaving, pressing, shoe repairing and shoe shining, subject to  the  tax
imposed  under the authority of paragraph [(1)] (I) of this subdivision,
shall not be deemed a purchase for resale  for  purposes  of  the  taxes
imposed  by  article  twenty-eight and pursuant to the authority of this
article. The transitional provisions contained in section eleven hundred
six shall apply to a tax imposed under the authority of clauses  (A)  or
(B) of paragraph [(1)] (I) of this subdivision in the same manner and to
the same extent as applicable to the taxes imposed under subdivision (c)
of  section  eleven hundred five except that an equivalent date shall be
substituted to accord with the date when the tax imposed pursuant to the
authority of such clause shall become effective.
  [(3) (i)] (III) (A) Notwithstanding any other provision of law to  the
contrary  but  not  with  respect to cities subject to the provisions of
section eleven hundred eight of this article,  any  city  ENUMERATED  IN
PARAGRAPH  (II)  OF SUBDIVISION (P) OF THIS SECTION, or county, except a
county wholly contained within a  city,  may  provide  that  [the  taxes
imposed,  pursuant  to  this subdivision, by such city or county on the]
FOR THE retail sale or use of fuel oil and  coal  used  for  residential
purposes,  the  retail  sale or use of wood used for residential heating
purposes, the sale, other than for resale, of propane (except when  sold
in  containers  of less than one hundred pounds), natural gas, electric-
ity, steam and gas, electric and steam  services  used  for  residential
purposes and the use of gas or electricity used for residential purposes
[may  be  imposed]  IS EITHER EXEMPT FROM TAX OR TAXED at a [lower] rate
LOWER than the uniform local rate imposed BY THE CITY OR COUNTY pursuant
to [the opening paragraph of] this section, [as long as such rate is one
of the rates authorized by such paragraph] or [such sale or use may  be]
exempted  from such taxes. Provided, however, such lower rate must apply
to all such energy sources and services and at the same rate and no such
exemption may be enacted unless such exemption applies to all such ener-
gy sources and services. The provisions of this subparagraph  shall  not
apply  to  a sale or use of [(i)] (1) diesel motor fuel which involves a
delivery at a filling station or into a  repository  which  is  equipped
with  a hose or other apparatus by which such fuel can be dispensed into
the fuel tank of a motor vehicle and [(ii)] (2)  enhanced  diesel  motor
fuel  except  in the case of a sale or use of such enhanced diesel motor
fuel used exclusively for residential purposes which is delivered into a
storage tank which is not equipped with a hose  or  other  apparatus  by
which  such  fuel can be dispensed into the fuel tank of a motor vehicle
and such storage tank is attached to the heating unit burning such fuel,
provided that each delivery of such fuel  of  over  four  thousand  five
hundred  gallons  shall  be  evidenced  by  a  certificate signed by the
purchaser stating that the product will be used exclusively for residen-
tial purposes.
  [(ii)] (B) The transitional provisions in subdivision (c)  of  section
eleven hundred five-A shall apply to a change in rate or to an exemption
adopted  pursuant  to the authority of this paragraph in the same manner
and to the same extent as applicable under section eleven hundred five-A
except that equivalent dates shall be substituted  to  accord  with  the
date when the rate or exemption adopted pursuant to this paragraph shall
become  effective. The provisions in subdivisions (d) and (e) of section

S. 2807--B                         67

eleven hundred five-A shall apply so far as such provisions can be  made
applicable under this paragraph.
  [(iii)]  (C) Notwithstanding the provisions of subdivision (d) of this
section to the contrary, any local law, ordinance or resolution, enacted
pursuant to the authority of this  paragraph,  [(A)]  (1)  may  be  made
applicable  to  the quarterly period ending February twenty-ninth, nine-
teen hundred eighty if a certified copy of such law, ordinance or resol-
ution is mailed by registered mail to the state tax  commission  at  its
office  in  Albany  on  or  before  November twentieth, nineteen hundred
seventy-nine, [(B)] (2) may go into effect on  January  first,  nineteen
hundred eighty, if a certified copy of such law, ordinance or resolution
is  mailed  by registered mail to the state tax commission at its office
in Albany at least thirty days prior to such effective  date  and  [(C)]
(3)  may  exempt  from  tax,  effective  October first, nineteen hundred
eighty, the energy sources and services described in subparagraph  [(i)]
(A) of this paragraph.
  [(iv)]  (D)  Notwithstanding  any  other  provision  of  law, the [one
percent additional] tax RATE ABOVE THREE PERCENT which Cattaraugus coun-
ty is authorized to adopt pursuant to  the  opening  paragraph  of  this
section  shall  not  be  imposed on the retail sale or use of the energy
sources and services described in subparagraph [(i)] (A) of  this  para-
graph.
  [(4)] (IV) Notwithstanding any other provision of law to the contrary,
any  local  law  enacted by any city of one million or more that imposes
the taxes authorized by this subdivision:
  [(i)] (A) may omit the exception  provided  in  subparagraph  (ii)  of
paragraph  three  of  subdivision  (c) of section eleven hundred five of
this chapter for  receipts  from  laundering,  dry-cleaning,  tailoring,
weaving, pressing, shoe repairing and shoe shining;
  [(ii)]  (B)  may impose the tax described in paragraph six of subdivi-
sion (c) of section eleven hundred five of this chapter  at  a  rate  in
addition  to  the  rate  prescribed  by  this  section not to exceed two
percent in multiples of one-half of one percent;
  [(iii)] (C) shall provide that the tax described in paragraph  six  of
subdivision  (c) of section eleven hundred five of this chapter does not
apply to facilities owned and operated by  the  city  or  an  agency  or
instrumentality  of  the  city  or  a public corporation the majority of
whose members are appointed by the chief executive officer of  the  city
or the legislative body of the city or both of them;
  [(iv)]  (D) shall not include any tax on receipts from, or the use of,
the services described in paragraph seven of subdivision (c) of  section
eleven hundred five of this chapter;
  [(v)]  (E)  shall  provide  that, for purposes of the tax described in
subdivision (e) of section eleven hundred five of this chapter,  "perma-
nent resident" means any occupant of any room or rooms in a hotel for at
least  one  hundred eighty consecutive days with regard to the period of
such occupancy;
  [(vi)] (F) may omit the exception provided in paragraph one of  subdi-
vision (f) of section eleven hundred five of this chapter for charges to
a patron for admission to, or use of, facilities for sporting activities
in  which  the patron is to be a participant, such as bowling alleys and
swimming pools;
  [(vii)] (G) may provide the clothing and footwear exemption  in  para-
graph  thirty  of  subdivision  (a) of section eleven hundred fifteen of
this chapter, and, notwithstanding any provision of subdivision  (d)  of
this section to the contrary, any local law providing for such exemption

S. 2807--B                         68

or  repealing  such  exemption,  may  go  into  effect on any one of the
following dates: March first, June first, September  first  or  December
first;
  [(viii)]  (H) shall omit the exemption provided in paragraph forty-one
of subdivision (a) of section eleven hundred fifteen of this chapter;
  [(ix)] (I) shall omit the exemption provided  in  subdivision  (c)  of
section  eleven hundred fifteen of this chapter insofar as it applies to
fuel, gas, electricity, refrigeration  and  steam,  and  gas,  electric,
refrigeration  and  steam service of whatever nature for use or consump-
tion directly and exclusively in the  production  of  gas,  electricity,
refrigeration or steam;
  [(x)] (J) shall omit, unless such city elects otherwise, the provision
for  refund  or  credit contained in clause six of subdivision (a) or in
subdivision (d) of section eleven hundred nineteen of this chapter; and
  [(xi)] (K) shall provide that section eleven hundred  five-C  of  this
chapter  does not apply to such taxes, and shall tax receipts from every
sale, other than sales for resale, of gas service or electric service of
whatever nature, including the transportation, transmission or  distrib-
ution  of  gas or electricity, even if sold separately, at the rate [set
forth in clause one of subparagraph (i) of the opening paragraph] NOT TO
EXCEED A RATE IN EXCESS OF THE PERCENT THAT MAY BE IMPOSED BY THE TAXING
JURISDICTION UPON A MAJORITY VOTE OF THE JURISDICTION'S LEGISLATIVE BODY
PURSUANT TO THE OPENING PARAGRAPH of this section.
  (b) [(1) Or,] (I) one or more of the taxes described  in  subdivisions
(b), (d), (e) and (f) of section eleven hundred five of this chapter, at
the  same uniform rate, including the transitional provisions in section
eleven hundred six of this chapter covering  such  taxes,  but  not  the
taxes  described  in  subdivisions (a) and (c) of section eleven hundred
five of this chapter. Provided, further, that where the tax described in
subdivision (b) of section  eleven  hundred  five  of  this  chapter  is
imposed,  the  compensating  use taxes described in clauses (E), (G) and
(H) of subdivision (a) of section eleven hundred  ten  of  this  chapter
shall also be imposed. Provided, further, that where the taxes described
in  subdivision  (b)  of  section  eleven hundred five are imposed, such
taxes shall omit the provision for refund or credit contained in  subdi-
vision  (d)  of  section  eleven  hundred  nineteen of this chapter with
respect to such taxes described in such subdivision (b) of section elev-
en hundred five unless such  city  or  county  elects  to  provide  such
provision or, if so elected, to repeal such provision.
  [(2)] (II) In respect to the taxes described in such subdivisions (b),
(d),  (e)  and (f) of section eleven hundred five of this chapter and in
such clauses (E), (G) and (H)  of  subdivision  (a)  of  section  eleven
hundred  ten  of  this  chapter  and the transitional provisions in such
section eleven hundred six covering those taxes,  all  provisions  of  a
local  law imposing any such tax, except as to rate and except as other-
wise  provided  herein,  shall  be  identical  with  the   corresponding
provisions  in  such article twenty-eight of this chapter, including the
definition and exemption provisions of  such  article,  so  far  as  the
provisions  of  such  article  twenty-eight  of this chapter can be made
applicable to the taxes imposed by such city or  county  and  with  such
limitations  and  special  provisions  as are set forth in this article;
provided, however, that any local law enacted by any city of one million
or more[,] imposing the taxes authorized by  this  subdivision[,]  shall
omit the exemption provided in subdivision (c) of section eleven hundred
fifteen of this chapter and may omit the exception provided in paragraph
(1)  of  subdivision  (f) of section eleven hundred five of this chapter

S. 2807--B                         69

for charges to a patron for admission to,  or  use  of,  facilities  for
sporting activities in which such patron is to be a participant, such as
bowling alleys and swimming pools. The transitional provisions contained
in  subdivision  (d) of section eleven hundred six of this chapter shall
apply in the same manner and to the same extent  to  a  tax  imposed  by
omitting  the  exception  in paragraph (1) of subdivision (f) of section
eleven hundred five of this  chapter,  as  described  in  the  preceding
sentence,  except that an equivalent date shall be substituted to accord
with the date when  the  tax  so  imposed  becomes  effective.  The  tax
described  in  any  one  of  such  subdivisions (b), (d), (e) and (f) of
section eleven hundred five of this chapter, including the related tran-
sitional provisions in such section eleven hundred six of this  chapter,
and  the  taxes described in clauses (E), (G) and (H) of subdivision (a)
of section eleven hundred ten of this chapter where the tax described in
such subdivision (b) of section eleven hundred five of this chapter  [is
imposed],  may  not be imposed by a city or county unless the local law,
OR, FOR ENACTMENTS PRIOR TO APRIL FIRST, TWO THOUSAND ELEVEN, THE  LOCAL
LAW,  ordinance  or  resolution,  imposes  such tax so as to include all
portions and all types of receipts, charges or rents, as  the  case  may
be,  subject  to  state  tax under the applicable subdivision of section
eleven hundred five of this chapter and uses subject to  tax  under  the
applicable  provisions  of  section  eleven  hundred ten of this chapter
where the tax described in subdivision (b)  of  section  eleven  hundred
five  of  this  chapter [is imposed]. ANY LOCAL LAW, ORDINANCE OR RESOL-
UTION IN EFFECT ON APRIL FIRST, TWO THOUSAND ELEVEN SHALL REMAIN IN FULL
FORCE AND EFFECT UNTIL THE DATE PROVIDED  IN  SUBDIVISION  (Q)  OF  THIS
SECTION.
  [(3)  (i)] (III) (A) Notwithstanding any other provision of law to the
contrary, but not with respect to cities subject to  the  provisions  of
section eleven hundred eight of this chapter, any city or county, except
a  county  wholly  contained  within  a  city,  may provide that the tax
imposed, pursuant to this subdivision[,] by such city or county  on  the
sale,  other than for resale, of propane (except when sold in containers
of less than one hundred pounds), natural gas,  electricity,  steam  and
gas, electric and steam services of whatever nature used for residential
purposes  and  on  the  use  of  gas or electricity used for residential
purposes may be imposed at a lower rate  than  the  uniform  local  rate
imposed  pursuant  to  the opening paragraph of this section, as long as
such rate is one of the rates authorized by such paragraph or such  sale
or  use  may  be exempted from such taxes. Provided, however, such lower
rate must apply to all such energy sources and services and at the  same
rate  and no such exemption may be enacted unless such exemption applies
to all such energy sources and services.
  [(ii)] (B) The transitional provisions in subdivision (c)  of  section
eleven hundred five-A shall apply to a change in rate or to an exemption
adopted  pursuant  to the authority of this paragraph in the same manner
and to the same extent as applicable under section eleven hundred five-A
except that equivalent dates shall be substituted  to  accord  with  the
date when the rate or exemption adopted pursuant to this paragraph shall
become  effective. The provisions in subdivisions (d) and (e) of section
eleven hundred five-A shall apply so far as such provisions can be  made
applicable under this paragraph.
  [(iii)]  (C) Notwithstanding the provisions of subdivision (d) of this
section to the contrary, any local law, ordinance or resolution  enacted
pursuant  to  the  authority  of  this  paragraph, [(A)] (1) may be made
applicable to the quarterly period ending February  twenty-ninth,  nine-

S. 2807--B                         70

teen hundred eighty if a certified copy of such law, ordinance or resol-
ution  is  mailed  by registered mail to the state tax commission at its
office in Albany on  or  before  November  twentieth,  nineteen  hundred
seventy-nine,  [(B)]  (2)  may go into effect on January first, nineteen
hundred eighty, if a certified copy of such law, ordinance or resolution
is mailed by registered mail to the state tax commission at  its  office
in  Albany  at least thirty days prior to such effective date, and [(C)]
(3) may exempt from  tax,  effective  October  first,  nineteen  hundred
eighty;  the energy sources and services described in subparagraph [(i)]
(A) of this paragraph.
  [(4)] (IV) Notwithstanding  any  provision  of  this  article  to  the
contrary,  a  county[,]  OR city [or school district] which, pursuant to
the authority of this article, imposes the tax described in  subdivision
(b) of section eleven hundred five of this chapter without also imposing
all  of  the  other  taxes  described in subdivision (a) of this section
shall not be authorized to impose the sales  tax  on  prepaid  telephone
calling service described in subparagraph (D) of paragraph one of subdi-
vision  (b)  of such section eleven hundred five or the compensating use
tax described in clause (G) of subdivision (a) of section eleven hundred
ten of this chapter; and any  reference  in  this  article  to  the  tax
described in such subdivision (b) of section eleven hundred five and any
reference  in  this  article  to the tax described in such clause (G) of
subdivision (a) of section eleven hundred ten shall  be  deemed  not  to
include  the  sales  tax  on  prepaid  telephone  calling service or the
compensating use tax described in such clause (G) of subdivision (a)  of
section eleven hundred ten, in cases where the tax described in subdivi-
sion  (b)  of such section eleven hundred five is imposed by a county[,]
OR city [or school district] which does not also impose all of the other
taxes described in subdivision (a) of this section.
  (c) Notwithstanding the prior provisions of  this  [section]  ARTICLE,
where a city has, pursuant to section twelve hundred twenty-four of this
article,  pre-empted  the  right to impose any of the taxes described in
subdivisions (b), (d), (e) and (f) of section  eleven  hundred  five  of
this  chapter  by  imposing one or more of such taxes, and, if the taxes
described in such subdivision (b) of section eleven hundred five of this
chapter are imposed, the compensating use  taxes  described  in  clauses
(E),  (G)  and  (H)  of subdivision (a) of section eleven hundred ten of
this chapter, as provided for in subdivision (b) of  this  section,  the
county  in  which  such  city  is  located  may still impose those taxes
authorized under subdivision (a) or (b) of this section  not  pre-empted
by  such city. Within areas in such county but outside of such city, the
county shall continue to be authorized and empowered to impose the taxes
as authorized in subdivisions (a) and (b) of this section,  without  any
diminution  in  the county's right to impose such taxes in areas outside
such city.
  (d) [A] (I) BEGINNING ON APRIL FIRST, TWO THOUSAND ELEVEN, A LOCAL LAW
IMPOSING TAXES PURSUANT TO THIS SECTION OR  EXTENDING  ANY  TAX  IMPOSED
PURSUANT TO THIS SECTION, INCREASING OR DECREASING THE RATE OF SUCH TAX,
REPEALING  OR  SUSPENDING  SUCH  TAX, EXEMPTING FROM SUCH TAX THE ENERGY
SOURCES AND SERVICES DESCRIBED IN PARAGRAPH (III) OF SUBDIVISION (A)  OR
IN  PARAGRAPH  (III)  OF SUBDIVISION (B) OF THIS SECTION OR CHANGING THE
RATE OF TAX IMPOSED ON SUCH ENERGY SOURCES AND  SERVICES,  OR  PROVIDING
FOR  THE  CREDIT OR REFUND DESCRIBED IN CLAUSE SIX OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED NINETEEN OF THIS CHAPTER MUST GO INTO EFFECT ONLY
ON ONE OF THE FOLLOWING DATES:  MARCH FIRST, JUNE FIRST, SEPTEMBER FIRST
OR DECEMBER FIRST; PROVIDED, THAT A LOCAL LAW THAT EITHER  PROVIDES  FOR

S. 2807--B                         71

THE  EXEMPTION  DESCRIBED  IN  PARAGRAPH  THIRTY  OF  SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED FIFTEEN OF  THIS  CHAPTER  OR  REPEALS  ANY  SUCH
EXEMPTION  OR  A LOCAL LAW PROVIDING FOR A REFUND OR CREDIT DESCRIBED IN
SUBDIVISION  (D)  OF  SECTION ELEVEN HUNDRED NINETEEN OF THIS CHAPTER OR
REPEALING SUCH PROVISION SO PROVIDED MUST GO INTO EFFECT ONLY  ON  MARCH
FIRST.   NO SUCH LOCAL LAW SHALL BE EFFECTIVE UNLESS A CERTIFIED COPY OF
SUCH LAW IS MAILED BY REGISTERED OR CERTIFIED MAIL TO  THE  COMMISSIONER
AT THE COMMISSIONER'S OFFICE IN ALBANY AT LEAST NINETY DAYS PRIOR TO THE
DATE  IT IS TO BECOME EFFECTIVE. HOWEVER, THE COMMISSIONER MAY WAIVE AND
REDUCE SUCH NINETY-DAY MINIMUM NOTICE REQUIREMENT TO A MAILING  OF  SUCH
CERTIFIED  COPY  BY  REGISTERED OR CERTIFIED MAIL WITHIN A PERIOD OF NOT
LESS THAN THIRTY DAYS PRIOR TO SUCH EFFECTIVE DATE IF  THE  COMMISSIONER
DEEMS  SUCH ACTION TO BE CONSISTENT WITH THE COMMISSIONER'S DUTIES UNDER
SECTION TWELVE HUNDRED FIFTY OF THIS ARTICLE AND THE  COMMISSIONER  ACTS
BY  RESOLUTION.    WHERE  THE RESTRICTION PROVIDED FOR IN SECTION TWELVE
HUNDRED TWENTY-THREE OF THIS ARTICLE AS TO THE EFFECTIVE DATE OF  A  TAX
AND  THE NOTICE REQUIREMENT PROVIDED FOR THEREIN ARE APPLICABLE AND HAVE
NOT BEEN WAIVED, THE  RESTRICTION  AND  NOTICE  REQUIREMENT  IN  SECTION
TWELVE HUNDRED TWENTY-THREE OF THIS ARTICLE SHALL ALSO APPLY.
  (II)  FOR  ENACTMENTS  ON  OR  BEFORE MARCH THIRTY-FIRST, TWO THOUSAND
ELEVEN, THE local law, ordinance or resolution imposing any tax pursuant
to this section, increasing or decreasing the rate of such tax,  repeal-
ing  or  suspending such tax, exempting from such tax the energy sources
and services described in paragraph [three] (III) of subdivision (a)  or
IN  PARAGRAPH  (III)  of subdivision (b) of this section or changing the
rate of tax imposed on such energy sources and services or providing for
the credit or refund described in  clause  six  of  subdivision  (a)  of
section eleven hundred nineteen of this chapter must go into effect only
on  one of the following dates: March first, June first, September first
or December first; provided, that a local law, ordinance  or  resolution
providing for the exemption described in paragraph thirty of subdivision
(a)  of  section eleven hundred fifteen of this chapter or repealing any
such exemption or a local law, ordinance or resolution providing  for  a
refund  or credit described in subdivision (d) of section eleven hundred
nineteen of this chapter or repealing such provision so provided must go
into effect only on March first. No such local law, ordinance or  resol-
ution  shall be effective unless a certified copy of such law, ordinance
or resolution is mailed by registered or certified mail to  the  commis-
sioner at the commissioner's office in Albany at least ninety days prior
to  the  date  it  is to become effective. However, the commissioner may
waive and reduce such ninety-day minimum notice requirement to a mailing
of such certified copy by registered or certified mail within  a  period
of not less than thirty days prior to such effective date if the commis-
sioner deems such action to be consistent with the commissioner's duties
under  section twelve hundred fifty of this article and the commissioner
acts by resolution. Where the restriction provided for in section twelve
hundred twenty-three of this article as to the effective date of  a  tax
and  the notice requirement provided for therein are applicable and have
not been waived, the  restriction  and  notice  requirement  in  section
twelve hundred twenty-three of this article shall also apply.
  (III) ANY LOCAL LAW, ORDINANCE OR RESOLUTION IN EFFECT ON APRIL FIRST,
TWO THOUSAND ELEVEN SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL THE DATE
PROVIDED IN SUBDIVISION (Q) OF THIS SECTION.
  (e)  Certified  copies  of  any  local  law[, ordinance or resolution]
described in subdivision (d) of this section shall also  be  filed  with
the  city  or  county  clerk, the secretary of state and the state comp-

S. 2807--B                         72

troller within five days after the date it is enacted. Certified  copies
of  any  other  local law[, ordinance or resolution] enacted pursuant to
this section shall be filed with the [state tax  commission]  DEPARTMENT
OF  TAXATION  AND  FINANCE,  the  city or county clerk, the secretary of
state and the state comptroller within five days after the  date  it  is
enacted.
  (f) On the first day of the first month following the month in which a
municipal  assistance  corporation  is  created under article ten of the
public authorities law, any taxes imposed pursuant to  this  section  by
the  city  in  aid  of which such corporation was created and, except as
hereinafter provided for in subdivisions (h) and (j)  of  this  section,
the  power  of  such  city to adopt and amend local laws[, ordinances or
resolutions] imposing taxes pursuant to the  authority  of  [such]  THIS
section  shall,  notwithstanding  any  provision  of this article to the
contrary, be suspended until the  later  of  July  first,  two  thousand
eight,  or the last day of the month in which all the notes and bonds of
such municipal assistance corporation shall have  been  fully  paid  and
discharged  together  with  interest  thereon  and  interest  on  unpaid
installments of interest.
  (g) All of the enabling act provisions[, which]  THAT  authorized  the
imposition  of  the  taxes suspended pursuant to SUBDIVISION (D) OF this
section, the local  laws,  ordinances,  and  resolutions  imposing  such
taxes, any regulations promulgated with respect to such taxes, including
the  provisions  with  respect  to  assessment,  payment, determination,
collection and refund of such taxes, requirements  for  filing  returns,
preservation  of  records  and  disposition of revenue shall continue in
full force and effect with respect to all such taxes accrued up  to  the
effective date of THE SUSPENSION OF such [suspension] TAXES.
  (j) Notwithstanding the provisions of subdivision (f) of this section,
the  city of Troy shall continue to be authorized and empowered to adopt
and amend local laws[, ordinances or resolutions] imposing taxes  pursu-
ant  to  the  authority  of  this section during the period that (i) the
municipal assistance corporation for the  city  of  Troy  created  under
article  ten  of  the  public  authorities law is in existence, and (ii)
pursuant to section two of chapter one hundred eighty-seven of the  laws
of nineteen hundred ninety-five, as it may be amended, the tax described
in  section  eleven hundred eight of this chapter is not imposed in such
city. ANY RESOLUTION ENACTED PRIOR TO APRIL FIRST, TWO  THOUSAND  ELEVEN
SHALL  REMAIN  IN FULL FORCE AND EFFECT UNTIL ITS EXPIRATION PURSUANT TO
THIS PARAGRAPH.
  (m) Taxes imposed on native American nation or [tribe]  TRIBAL  lands.
Where  a  non-native  American  person  purchases, for such person's own
consumption, any retail sale item on native American nation  or  [tribe]
TRIBAL  land  recognized  by the federal government [and] OR reservation
land recognized as such by the state of New York, the commissioner shall
promulgate rules and regulations necessary to implement  the  collection
of sales, excise and use taxes on such retail sale items.
  (n)  Notwithstanding  any  other provision of state or local law[,] OR
ordinance [or resolution] to the contrary:
  (1) Any city having a population of one million or more in  which  the
taxes  imposed  by  section  eleven hundred seven of this chapter are in
effect, acting through its local legislative body, is hereby  authorized
and empowered to elect to provide the same exemptions from such taxes as
the  residential  solar  energy  systems  equipment exemption from state
sales and compensating  use  taxes  described  in  subdivision  (ee)  of
section  eleven hundred fifteen of this chapter by enacting a resolution

S. 2807--B                         73

in the form set forth in paragraph two of this  subdivision;  whereupon,
upon  compliance with the provisions of subdivisions (d) and (e) of this
section, such enactment of such resolution shall  be  deemed  to  be  an
amendment  to  such section eleven hundred seven and such section eleven
hundred seven shall be deemed to incorporate such exemptions as if  they
had  been  duly  enacted  by  the  state legislature and approved by the
governor. ANY RESOLUTION ENACTED PRIOR  TO  APRIL  FIRST,  TWO  THOUSAND
ELEVEN SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL ITS EXPIRATION.
  (2)  Form  of  [Resolution]  LOCAL LAW:   Be it enacted by the (insert
proper title of local legislative body) as follows:
  Section one.  Receipts  from  sales  of  and  consideration  given  or
contracted  to  be  given  for, or for the use of, property and services
exempt from state sales and compensating use taxes pursuant to  subdivi-
sion (ee) of section 1115 of the tax law shall also be exempt from sales
and compensating use taxes imposed in this jurisdiction.
  Section  two.  This [resolution] LOCAL LAW shall take effect September
1, (insert the year, but not earlier than the year 2005) and shall apply
to sales made, services rendered and uses occurring on  and  after  that
date  in  accordance  with  the  applicable  transitional  provisions in
sections 1106, 1216 and 1217 of the New York tax law.
  (o) Notwithstanding any other provision of state or  local  law[,]  OR
ordinance  [or  resolution]  to the contrary[:], any city having a popu-
lation of one million or more in which  the  taxes  imposed  by  section
eleven  hundred  seven of this chapter are in effect, acting through its
local legislative body, is hereby authorized and empowered to  elect  to
exempt  from  such  taxes, or reduce the rate of such taxes on, the same
residential energy sources and services, in the same manner as described
in subparagraph [(i)] (A) of paragraph [three] (III) of subdivision  (a)
of  this  section,  by  enacting  a  local law or resolution in the form
prescribed by  the  commissioner  pursuant  to  section  twelve  hundred
fifty-seven  of  this  article;  whereupon,  upon  compliance  with  the
provisions of subdivisions (d) and (e) of this section,  such  enactment
of  such  local  law or resolution shall be deemed to be an amendment to
section eleven hundred seven of this chapter  and  such  section  eleven
hundred  seven  shall  be  deemed  to  incorporate  such exemption of or
reduced rate on such energy sources and services as if it had been  duly
enacted  by  the  state  legislature  and approved by the governor.  ANY
RESOLUTION ENACTED PRIOR TO  APRIL  FIRST,  TWO  THOUSAND  ELEVEN  SHALL
REMAIN IN FULL FORCE AND EFFECT UNTIL THE THIRTIETH DAY OF NOVEMBER, TWO
THOUSAND ELEVEN.
  (P) (I) EACH COUNTY IN THIS STATE THAT IMPOSES THE TAXES AUTHORIZED BY
EITHER  SUBDIVISION  (A) OR SUBDIVISION (B) OF THIS SECTION AT A RATE OF
AT LEAST FOUR PERCENT IS AUTHORIZED AND EMPOWERED, ON A  BASIS  THAT  IS
NOT  LESS  FREQUENT  THAN  BIANNUALLY,  TO  ADOPT AND AMEND LOCAL LAW TO
IMPOSE AN ADDITIONAL RATE OF TAX, IN ONE-QUARTER PERCENT INCREMENTS,  SO
THAT  THE  AGGREGATE RATE OF TAX IMPOSED BY SUCH COUNTY PURSUANT TO THIS
SECTION DOES NOT EXCEED FIVE PERCENT, WITH THE INITIAL  PERIOD  OF  SUCH
LOCAL LAW TO COMMENCE ON THE FIRST DAY OF DECEMBER, TWO THOUSAND ELEVEN.
PROVIDED  THAT  SUCH ADDITIONAL RATE OF TAX MAY ONLY BE IMPOSED IF IT IS
APPROVED BY A TWO-THIRDS VOTE OF THE TOTAL VOTING POWER OF THE  COUNTY'S
LEGISLATIVE BODY.
  (II)  IF  THE  CITY OF MOUNT VERNON, CITY OF NEW ROCHELLE, CITY OF NEW
YORK, CITY OF WHITE PLAINS, OR THE CITY OF  YONKERS  IMPOSES  THE  TAXES
AUTHORIZED  BY  SUBDIVISION  (A) OR SUBDIVISION (B) OF THIS SECTION AT A
RATE OF AT LEAST FOUR PERCENT, SUCH CITY IS AUTHORIZED AND EMPOWERED, ON
A BASIS THAT IS NOT LESS FREQUENT THAN BIANNUALLY, TO ADOPT AND AMEND  A

S. 2807--B                         74

LOCAL  LAW TO IMPOSE AN ADDITIONAL ONE PERCENT RATE OF TAX, IN ONE-QUAR-
TER PERCENT INCREMENTS, SO THAT THE AGGREGATE RATE  OF  TAX  IMPOSED  BY
SUCH  CITY  PURSUANT  TO THIS SECTION DOES NOT EXCEED FIVE PERCENT FOR A
PERIOD  NOT TO EXCEED TWO YEARS, WITH THE INITIAL PERIOD OF SUCH INITIAL
PERIOD OF SUCH LOCAL LAW TO COMMENCE ON THE FIRST DAY OF  DECEMBER,  TWO
THOUSAND  ELEVEN.  PROVIDED THAT SUCH ADDITIONAL RATE OF TAX MAY ONLY BE
IMPOSED IF IT IS APPROVED BY A TWO-THIRDS VOTE OF THE TOTAL VOTING POWER
OF THE CITY'S LEGISLATIVE BODY.
  (Q) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY LOCAL  LAW,  ORDI-
NANCE  OR RESOLUTION IMPOSING A TAX RATE IN EXCESS OF THREE PERCENT THAT
WAS ENACTED PRIOR TO APRIL FIRST, TWO THOUSAND ELEVEN  BY  ANY  CITY  OR
COUNTY  PURSUANT TO THE AUTHORITY OF THIS SECTION SHALL EXPIRE ON NOVEM-
BER THIRTIETH, TWO THOUSAND ELEVEN.  ANY LOCAL LAW, ORDINANCE, OR RESOL-
UTION IN EFFECT ON APRIL FIRST, TWO THOUSAND ELEVEN SHALL REMAIN IN FULL
FORCE AND EFFECT UNTIL NOVEMBER THIRTIETH, TWO THOUSAND ELEVEN.
  (R)(I) EACH CITY ENUMERATED IN PARAGRAPH (II) OF  SUBDIVISION  (P)  OF
THIS  SECTION,  OR  COUNTY,  EXCEPT  A  COUNTY  WHOLLY WITHIN A CITY, IS
EMPOWERED AND AUTHORIZED TO REQUEST A CERTIFICATION  OF  FINANCIAL  NEED
FROM  THE DIVISION OF THE BUDGET. SUCH REQUEST SHALL INCLUDE: (A) A COPY
OF THE PROPOSED LOCAL LAW THAT IMPOSES TAX AT A RATE THAT, IN THE AGGRE-
GATE IS ABOVE FOUR PERCENT AND REQUIRES APPROVAL BY A TWO-THIRDS MAJORI-
TY OF THE LEGISLATIVE BODY FOR ENACTMENT, BUT NOT IN EXCESS OF THE  RATE
PRESCRIBED  FOR  SUCH CITY OR COUNTY PURSUANT TO SUBDIVISION (P) OF THIS
SECTION; (B) A STATEMENT EXPLAINING WHY THE  CITY  OR  COUNTY  NEEDS  TO
IMPOSE  THE TAXES AUTHORIZED BY THIS SECTION AT A RATE IN EXCESS OF FOUR
PERCENT; (C) A COPY OF THE CITY  OR  COUNTY'S  BUDGET  FOR  THE  CURRENT
FISCAL  YEAR;  AND  (D) A STATEMENT OF ANTICIPATED AND REALIZED REVENUES
AND LIABILITIES FOR THE CURRENT FISCAL YEAR.
  (II) WITHIN FIVE CALENDAR DAYS OF RECEIPT OF A  REQUEST  DESCRIBED  IN
PARAGRAPH  (I)  OF  THIS  SUBDIVISION,  THE DIVISION OF THE BUDGET SHALL
NOTIFY THE STATE COMPTROLLER OF THE REQUEST. THE STATE  COMPTROLLER  MAY
DIRECT  THAT  THE  REQUEST BE FORWARDED TO THE OFFICE OF THE STATE COMP-
TROLLER FOR REVIEW. IF THE STATE COMPTROLLER DOES NOT  DIRECT  THAT  THE
REQUEST  BE FORWARDED TO THE OFFICE OF THE STATE COMPTROLLER WITHIN FIVE
CALENDAR DAYS FROM THE RECEIPT OF NOTIFICATION FROM THE DIVISION OF  THE
BUDGET, THEN, THE DIVISION OF THE BUDGET SHALL REVIEW THE REQUEST.
  (III)  SUBJECT  TO THE PROVISIONS OF PARAGRAPH (VIII) OF THIS SUBDIVI-
SION, WITHIN FORTY CALENDAR DAYS OF THE DIVISION OF THE BUDGET'S RECEIPT
OF A REQUEST PURSUANT TO PARAGRAPH (I) OF THIS SUBDIVISION, THE  REVIEW-
ING  ENTITY  SHALL  REVIEW  THE  LOCAL  GOVERNMENT'S PROPOSED LOCAL LAW,
STATEMENT OF NEED, BUDGET, ANTICIPATED AND REALIZED REVENUES, AND ANTIC-
IPATED AND REALIZED LIABILITIES FOR THE CURRENT FISCAL YEAR  AND  DETER-
MINE  WHETHER  SUCH CITY OR COUNTY IS IN NEED OF ADDITIONAL REVENUES. IN
CONJUNCTION WITH SUCH REVIEW,  THE  REVIEWING  ENTITY  MAY  INSPECT  THE
REQUESTING  CITY  OR COUNTY'S BOOKS AND RECORDS. SUCH AN INSPECTION WILL
NOT, HOWEVER, TOLL THE TIME PERIOD IN WHICH THE  REVIEWING  ENTITY  MUST
ACT.
  (IV) THE REVIEWING ENTITY SHALL NOT CERTIFY A REQUESTING CITY OR COUN-
TY  IN NEED OF ADDITIONAL REVENUES ONLY WHEN THE CITY OR COUNTY'S ANTIC-
IPATED AND REALIZED LIABILITIES ARE  LESS  THAN  THE  CITY  OR  COUNTY'S
ANTICIPATED OR REALIZED REVENUES.
  (V) IF THE REVIEWING ENTITY DETERMINES THAT A REQUESTING CITY OR COUN-
TY  HAS  NOT  DEMONSTRATED A NEED FOR ADDITIONAL REVENUES, THE DENIAL OF
THE REQUESTING CITY OR COUNTY'S REQUEST SHALL INCLUDE (A) A STATEMENT OF
THE REASONS FOR THE DENIAL, AND (B) A STATEMENT  DESCRIBING  HOW,  BASED
UPON  THE  CITY OR COUNTY'S BUDGET AND ANTICIPATED AND REALIZED REVENUES

S. 2807--B                         75

AND LIABILITIES, THE CITY OR COUNTY CAN REALIZE THE REVENUE  THAT  WOULD
HAVE BEEN RECEIVED FROM THE IMPOSITION OF THE ADDITIONAL RATE OF TAX.
  (VI)  THE  FAILURE  OF THE REVIEWING ENTITY TO DENY A CITY OR COUNTY'S
REQUEST WITHIN THE TIME PRESCRIBED IN SUBPARAGRAPH (III) OF  THIS  PARA-
GRAPH  SHALL CONSTITUTE: (A) ACCEPTANCE OF THE CITY OR COUNTY'S REQUEST;
AND (B) CERTIFICATION OF NEED.
  (VII) FOR PURPOSES OF THIS SECTION, THE TERM "REVIEWING ENTITY"  SHALL
MEAN  EITHER  THE  DIVISION OF THE BUDGET OR, WHEN THE STATE COMPTROLLER
HAS ELECTED TO REVIEW A REQUEST, THE STATE COMPTROLLER.
  (VIII) FOR PURPOSES OF THIS SUBDIVISION, IT SHALL BE ASSUMED THAT  ALL
NOTIFICATIONS  BETWEEN  THE DIVISION OF THE BUDGET AND THE OFFICE OF THE
STATE COMPTROLLER WERE RECEIVED THE CALENDAR DAY  IMMEDIATELY  FOLLOWING
THE  DAY  THAT  SUCH  NOTIFICATION WAS MADE. ANY NOTIFICATION THAT WOULD
FALL ON A SATURDAY OR STATE HOLIDAY IS DEEMED TO BE MADE  ON  THE  FIRST
BUSINESS  DAY  FOLLOWING THE NOTIFICATION AND SHALL TOLL THE TIME PERIOD
PRESCRIBED IN PARAGRAPH (III) OF THIS SUBDIVISION FOR ONE DAY.
  S 3. Section 1210-D of the tax law is REPEALED.
  S 4. Section 1210-E of the tax law is REPEALED.
  S 5. Subdivision (a) of section 1211 of the tax  law,  as  amended  by
chapter 300 of the laws of 1968, is amended to read as follows:
  (a)  On  request  by a majority vote of the whole number of the school
authorities of the school district or districts  which  are  coterminous
with,  partly within or wholly within a city having a population of less
than one hundred twenty-five thousand, such city  is  hereby  authorized
and empowered to adopt and amend local laws imposing for school district
purposes  the  taxes authorized under section twelve hundred ten, at the
rate [of one-half, one, one and one-half, two, two and one-half or three
percent which rate shall be uniform] for all taxes imposed BY  THE  CITY
pursuant  to  the  authority of this section; provided, however, where a
city imposes a tax under the authority of both sections  twelve  hundred
ten  and  twelve hundred eleven, the aggregate rate of the taxes imposed
pursuant to both sections cannot exceed [three percent] THE PERCENT THAT
MAY BE IMPOSED BY THE TAXING JURISDICTION UPON A MAJORITY  VOTE  OF  THE
JURISDICTION'S  LEGISLATIVE  BODY  PURSUANT  TO THE OPENING PARAGRAPH OF
THIS  SECTION  PLUS  THE  ADDITIONAL  PERCENTAGE  RATE  FOR  SUCH   CITY
PRESCRIBED  BY  SUBDIVISION  (P)  OF  SECTION TWELVE HUNDRED TEN OF THIS
SUBPART.  ALL REVENUES COLLECTED FROM THE TAX IMPOSED PURSUANT  TO  THIS
SECTION  WITHIN  THE TERRITORIAL BORDERS OF THE SCHOOL DISTRICT SHALL BE
DISTRIBUTED TO THE SCHOOL DISTRICT UPON WHOSE BEHALF THE  TAX  HAS  BEEN
IMPOSED.
  S 6. Subdivisions (d) and (e) of section 1211 of the tax law, subdivi-
sion  (d) as amended by section 39 of part S-1 of chapter 57 of the laws
of 2009, and subdivision (e) as amended by chapter 288 of  the  laws  of
1969, are amended to read as follows:
  (d)  A  local  law  [or  resolution] imposing any tax pursuant to this
section, increasing or decreasing the rate of  such  tax,  repealing  or
suspending  such  tax or providing for the credit or refund described in
clause six of subdivision (a) of section eleven hundred nineteen of this
chapter must go into effect only on one of the  following  dates:  March
first, June first, September first or December first, subject to further
requirement as to effective date provided for in subdivision (b) of this
section; provided, that a local law or resolution providing for a refund
or  credit  described in subdivision (d) of section eleven hundred nine-
teen of this chapter or repealing such provision  so  provided  must  go
into  effect  only  on March first, subject to further requirement as to
effective date provided for in subdivision (b) of this section. No  such

S. 2807--B                         76

local  law [or resolution] shall be effective unless a certified copy of
such local law [or resolution] is mailed by registered or certified mail
to the commissioner at the commissioner's  office  in  Albany  at  least
ninety  days  prior  to the date it is to become effective. However, the
commissioner  may  waive  and  reduce  such  ninety-day  minimum  notice
requirement  to a mailing of such certified copy by registered or certi-
fied mail within a period of not less than thirty  days  prior  to  such
effective  date  if  the commissioner deems such action to be consistent
with the commissioner's duties under section  twelve  hundred  fifty  of
this  article  and  the  commissioner  acts  by  resolution.  Where  the
restriction provided for in section twelve hundred twenty-three of  this
article  as  to  the  effective date of a tax and the notice requirement
provided for therein are  applicable  and  have  not  been  waived,  the
restriction  and  notice  requirement  in section twelve hundred twenty-
three of this article shall also apply.
  (e) Certified copies of any local law  [or  resolution]  described  in
subdivision (d) of this section shall also be filed with the city clerk,
state  department  of  education,  the  secretary of state and the state
comptroller within five days after the date  it  is  enacted.  Certified
copies  of  any  other  local law or resolution enacted pursuant to this
section shall be filed with the [state tax commission]  DEPARTMENT,  the
city  clerk,  the  state department of education, the secretary of state
and the state comptroller within five days after the date it is enacted.
  S 7. Section 1211 of the tax law is amended by adding a  new  subdivi-
sion (f) to read as follows:
  (F) ANY LOCAL LAW OR ORDINANCE ENACTED PRIOR TO APRIL FIRST, TWO THOU-
SAND  ELEVEN  SHALL  REMAIN IN FULL FORCE AND EFFECT UNTIL THE THIRTIETH
DAY OF NOVEMBER, TWO THOUSAND ELEVEN.
  S 8. Subdivision (a) of section 1212 of the tax  law,  as  amended  by
section  40 of part S-1 of chapter 57 of the laws of 2009, is amended to
read as follows:
  (a) (I) Any school district which is coterminous with,  partly  within
or  wholly  within  a  city having a population of less than one hundred
twenty-five thousand, is hereby authorized and  empowered,  by  majority
vote of the whole number of its school authorities, to impose for school
district purposes, within the territorial limits of such school district
and  without  discrimination between residents and nonresidents thereof,
the taxes described in [subdivision (b) of section eleven  hundred  five
(but  excluding  the  tax on prepaid telephone calling services) and the
taxes described in clauses (E) and (H) of  subdivision  (a)  of  section
eleven hundred ten, including the transitional provisions in subdivision
(b)  of  section  eleven  hundred  six  of  this chapter, so far as such
provisions can be made applicable to the taxes imposed  by  such  school
district  and  with  such  limitations and special provisions as are set
forth in this article] PARAGRAPH (II) OF THIS SUBDIVISION, such taxes to
be imposed at the rate of one-half, one, one and one-half, two, two  and
one-half  or  three percent which rate shall be uniform for all portions
and all types of receipts and uses subject to such taxes. In respect  to
such taxes, all provisions of the resolution imposing them, except as to
rate  and  except  as otherwise provided herein, shall be identical with
the corresponding provisions in such article twenty-eight of this  chap-
ter,  including  the  applicable  definition and exemption provisions of
such article, so far as the provisions of such article  twenty-eight  of
this  chapter can be made applicable to the taxes imposed by such school
district and with such limitations and special  provisions  as  are  set
forth in this article.

S. 2807--B                         77

  [The taxes described in subdivision (b) of section eleven hundred five
(but excluding the tax on prepaid telephone calling service) and clauses
(E)  and (H) of subdivision (a) of section eleven hundred ten, including
the transitional provision in subdivision (b)  of  such  section  eleven
hundred  six  of  this chapter,] (II) THE TAXES DESCRIBED IN SUBDIVISION
(B) OF SECTION ELEVEN HUNDRED FIVE OF THIS CHAPTER  (BUT  EXCLUDING  THE
TAX  ON  PREPAID  TELEPHONE CALLING SERVICES) AND THE TAXES DESCRIBED IN
CLAUSES (E) AND (H) OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED TEN  OF
THIS  CHAPTER,  INCLUDING THE TRANSITIONAL PROVISIONS IN SUBDIVISION (B)
OF SECTION ELEVEN HUNDRED SIX OF THIS CHAPTER, SO FAR AS SUCH PROVISIONS
CAN BE MADE APPLICABLE TO THE TAXES IMPOSED BY SUCH SCHOOL DISTRICT  AND
WITH  SUCH  LIMITATIONS  AND SPECIAL PROVISIONS AS ARE SET FORTH IN THIS
ARTICLE.  SUCH TAXES SHALL EXCLUDE (A) ALL SALES  OF  TANGIBLE  PERSONAL
PROPERTY  FOR  USE  OR  CONSUMPTION  DIRECTLY  AND  PREDOMINANTLY IN THE
PRODUCTION OF TANGIBLE PERSONAL PROPERTY,  GAS,  ELECTRICITY,  REFRIGER-
ATION  OR  STEAM,  FOR  SALE,  BY MANUFACTURING, PROCESSING, GENERATING,
ASSEMBLY, REFINING, MINING OR EXTRACTING;  AND  ALL  SALES  OF  TANGIBLE
PERSONAL  PROPERTY  FOR  USE  OR CONSUMPTION PREDOMINANTLY EITHER IN THE
PRODUCTION OF TANGIBLE PERSONAL PROPERTY, FOR SALE, BY FARMING OR  IN  A
COMMERCIAL  HORSE BOARDING OPERATION, OR IN BOTH; AND, UNLESS THE SCHOOL
DISTRICT ELECTS OTHERWISE, SHALL OMIT THE PROVISION FOR CREDIT OR REFUND
CONTAINED IN CLAUSE SIX OF SUBDIVISION (A) OR SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED NINETEEN OF THIS CHAPTER, AND (B) SHALL OMIT THE RESIDEN-
TIAL SOLAR ENERGY SYSTEMS EQUIPMENT EXEMPTION PROVIDED FOR  IN  SUBDIVI-
SION (EE) OF SECTION ELEVEN HUNDRED FIFTEEN OF THIS CHAPTER.
  (III) SUCH TAXES may not be imposed by such school district unless the
resolution  imposes  such  taxes  so  as to include all portions and all
types of receipts and uses subject to tax under [such]  subdivision  (B)
OF SECTION ELEVEN HUNDRED FIVE OF THIS CHAPTER (but excluding the tax on
prepaid  telephone  calling  service)  and clauses.   Provided, however,
that, where a school district imposes such taxes, such taxes shall  omit
the  provision  for  refund  or  credit  contained in subdivision (d) of
section eleven hundred nineteen of this chapter  with  respect  to  such
taxes  described  in such subdivision (b) of section eleven hundred five
unless such school district elects to provide such provision or,  if  so
elected, to repeal such provision.
  S  9.  Subdivision  (a)  of section 1223 of the tax law, as amended by
chapter 74 of the laws of 2010, is amended to read as follows:
  (a) No transaction taxable under sections twelve hundred  two  through
twelve  hundred  four  of  this  article shall be taxed pursuant to this
article by any county or by any city located therein, or by both, at  an
aggregate rate in excess of the highest rate set forth in the applicable
subdivision  of  section  twelve  hundred one of this article or, in the
case of any taxes imposed BY A CITY OR COUNTY pursuant to the  authority
of  section  twelve hundred ten or twelve hundred eleven of this article
[(other than taxes imposed by  the  county  of  Nassau,  Erie,  Steuben,
Cattaraugus,  Suffolk,  Oneida,  Genesee,  Greene,  Franklin,  Herkimer,
Tioga, Orleans, Allegany, Ulster, Albany, Rensselaer, Tompkins, Wyoming,
Columbia, Schuyler, Rockland, Chenango, Monroe, Chemung, Seneca,  Sulli-
van,  Wayne,  Livingston,  Schenectady,  Montgomery,  Delaware, Clinton,
Niagara, Yates, Lewis, Essex, Dutchess, Schoharie,  Putnam,  Chautauqua,
Orange,  Oswego,  Ontario,  Jefferson  or  Onondaga and by the county of
Cortland and the city of Cortland and by the county of  Broome  and  the
city  of  Binghamton  and by the county of Cayuga and the city of Auburn
and by the county of Otsego and the city of Oneonta and by the county of
Madison and the city of Oneida and by the county of Fulton and the  city

S. 2807--B                         78

of  Gloversville  or the city of Johnstown as provided in section twelve
hundred ten of this article) at a  rate  in  excess  of  three  percent,
except that, in the city of Yonkers, in the city of Mount Vernon, in the
city  of  New Rochelle, in the city of Fulton and in the city of Oswego,
the rate may not be in excess of four percent and in the city  of  White
Plains, the rate may not be in excess of four percent and except that in
the city of Poughkeepsie in the county of Dutchess, if such county with-
draws from the metropolitan commuter transportation district pursuant to
section  twelve hundred seventy-nine-b of the public authorities law and
if the revenues from a three-eighths percent rate of such tax imposed by
such county, pursuant to the authority of section twelve hundred ten  of
this  article,  are required by local laws, ordinances or resolutions to
be set aside for mass transportation purposes,  the  rate  may  not  be]
SHALL  BE  TAXED  AT  A  RATE  NOT in excess of [three and three-eighths
percent] THE PERCENT THAT MAY BE IMPOSED BY THE TAXING JURISDICTION UPON
A MAJORITY VOTE OF THE JURISDICTION'S LEGISLATIVE BODY PURSUANT  TO  THE
OPENING  PARAGRAPH  OF  SECTION  TWELVE  HUNDRED  TEN  OF  THIS ARTICLE.
PROVIDED, HOWEVER, THAT THE TAX IMPOSED BY SECTION ELEVEN  HUNDRED  NINE
OF  THIS CHAPTER SHALL NOT BE INCLUDED IN THE DETERMINATION OF WHETHER A
CITY OR COUNTY HAS EXCEEDED  THE  MAXIMUM  RATE  PRESCRIBED  BY  SECTION
TWELVE HUNDRED TEN OF THIS ARTICLE.
  S  10.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011; provided,
however that sections three and four  of  this  act  shall  take  effect
December 1, 2011.

                                 PART DD

  Section  1. The legislative law is amended by adding a new article 4-B
to read as follows:
                                ARTICLE 4-B
                NEW YORK STATE LEGISLATIVE BUDGET OFFICE
SECTION 75. POWERS AND DUTIES OF THE NEW YORK STATE  LEGISLATIVE  BUDGET
              OFFICE.
        76. DIRECTOR OF THE NEW YORK STATE LEGISLATIVE BUDGET OFFICE.
  S  75.  POWERS  AND  DUTIES  OF  THE NEW YORK STATE LEGISLATIVE BUDGET
OFFICE. THERE SHALL HEREBY BE ESTABLISHED AN  OFFICE  OF  THE  NEW  YORK
STATE  LEGISLATURE  TO BE KNOWN AS THE NEW YORK STATE LEGISLATIVE BUDGET
OFFICE.  1. IT SHALL BE THE PRIMARY DUTY AND FUNCTION OF  THE  NEW  YORK
STATE LEGISLATIVE BUDGET OFFICE TO PROVIDE THE MEMBERS AND COMMITTEES OF
THE  LEGISLATURE  WITH  INFORMATION WHICH WILL ASSIST SUCH OFFICIALS AND
BODIES IN THE DISCHARGE OF MATTERS WITHIN THEIR JURISDICTION  PERTAINING
TO THE BUDGETARY PROCESS INCLUDING:
  (A)  INFORMATION  WITH RESPECT TO THE BUDGET, APPROPRIATIONS BILLS AND
OTHER   BILLS   AUTHORIZING   OR   PROVIDING   FOR   EXPENDITURES   FROM
GOVERNMENT-WIDE  FUNDS  OR  REVENUES TO THOSE FUNDS; INCLUDING ANY BILLS
THAT HAVE A DIRECT OR INDIRECT FISCAL IMPACT IN  TERMS  OF  SPENDING  OR
REVENUE;
  (B)  INFORMATION  WITH RESPECT TO ESTIMATED REVENUES AND RECEIPTS, AND
CHANGING REVENUE CONDITIONS;
  (C) INFORMATION WITH RESPECT TO THE PERFORMANCE AND  EFFECTIVENESS  OF
STATE AGENCIES AND PROGRAMS; AND
  (D)  TO  THE EXTENT PRACTICABLE, SUCH OTHER INFORMATION OR ANALYSES AS
MAY BE REQUESTED BY SUCH OFFICIALS AND BODIES, AND THE GENERAL PUBLIC.
  REQUESTS MADE BY THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY, THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF

S. 2807--B                         79

THE ASSEMBLY WAYS AND MEANS COMMITTEE REGARDING THE BUDGET, REVENUES AND
EXPENDITURES SHALL RECEIVE PRIORITY ATTENTION.
  2.    THE  LEGISLATIVE  BUDGET  OFFICE  SHALL COMPLETE A FISCAL IMPACT
STATEMENT: (A) FOR ANY BILL BEING CONSIDERED ON  AN  ASSEMBLY  WAYS  AND
MEANS  COMMITTEE  AGENDA  OR  A  SENATE FINANCE COMMITTEE AGENDA, TO THE
EXTENT POSSIBLE; (B) FOR ANY BILL AT  THE  REQUEST  OF  THE  SPEAKER  OR
MINORITY  LEADER  OF THE ASSEMBLY OR THE TEMPORARY PRESIDENT OR MINORITY
LEADER OF THE SENATE; AND (C) AT THE REQUEST OF  A  COMMITTEE  CHAIR  OR
RANKING  MEMBER OF A COMMITTEE FOR ANY BILL REFERRED TO THEIR RESPECTIVE
COMMITTEE.  FISCAL IMPACT STATEMENTS SHALL ESTIMATE THE IMPACT ON  STATE
REVENUES OR EXPENDITURES.
  3.    THE  LEGISLATIVE  BUDGET  OFFICE SHALL SUBMIT AN ANALYSIS OF THE
EXECUTIVE BUDGET BY MARCH FIRST OF EACH  YEAR  TO  THE  MEMBERS  OF  THE
ASSEMBLY  WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE, AND
MAKE COPIES OF SUCH ANALYSIS AVAILABLE  TO  ALL  OTHER  MEMBERS  OF  THE
LEGISLATURE AND ALL OTHER INDIVIDUALS, UPON REQUEST.
  4.  THE  LEGISLATIVE  BUDGET  OFFICE SHALL, TO THE EXTENT PRACTICABLE,
DEVELOP PROPOSALS FOR COST EFFECTIVE ALTERNATIVE APPROACHES TO MEET  THE
FINANCIAL OBLIGATIONS OF THE STATE.
  5.  THE  LEGISLATIVE BUDGET OFFICE SHALL PUBLISH A REPORT WITH RESPECT
TO THE EXPECTED LEVELS OF STATE REVENUES BY THE FIRST  DAY  OF  JANUARY,
THE FIRST DAY OF APRIL, THE FIRST DAY OF JULY AND THE FIRST DAY OF OCTO-
BER OF EACH YEAR.
  6.  THE  LEGISLATIVE  BUDGET OFFICE SHALL PUBLISH BY DECEMBER FIRST OF
EACH YEAR A REPORT ANALYZING THE FISCAL OUTLOOK OF  THE  STATE  FOR  THE
NEXT FIVE YEARS.
  7.  AT  THE  REQUEST  OF  ANY MEMBER OR COMMITTEE OF THE SENATE OR THE
ASSEMBLY, THE LEGISLATIVE BUDGET OFFICE SHALL, TO THE  EXTENT  PRACTICA-
BLE,  CONSULT  WITH AND ASSIST SUCH COMMITTEE IN ANALYZING THE BUDGETARY
OR FINANCIAL IMPACT OF ANY PROPOSED LEGISLATION THAT MAY HAVE:
  (A) A SIGNIFICANT BUDGETARY IMPACT ON LOCAL OR TRIBAL GOVERNMENTS;
  (B) A SIGNIFICANT FINANCIAL IMPACT ON THE PRIVATE SECTOR; OR
  (C) A SIGNIFICANT EMPLOYMENT IMPACT ON THE PRIVATE SECTOR.
  8. (A) THE DIRECTOR OF THE LEGISLATIVE  BUDGET  OFFICE  SHALL  CONDUCT
CONTINUING  STUDIES  ON FISCAL MATTERS INCLUDING WAYS TO ENHANCE COMPAR-
ISONS OF BUDGET AUTHORITY AND OUTLAYS, DEBT AUTHORITY, AND TAX POLICY.
  (B) (1) AT THE REQUEST OF ANY CHAIR OR RANKING MEMBER OF THE  MINORITY
OF A COMMITTEE OF THE SENATE OR THE ASSEMBLY, THE DIRECTOR SHALL, TO THE
EXTENT PRACTICABLE, CONDUCT A STUDY OF A LEGISLATIVE PROPOSAL CONTAINING
A STATE MANDATE.
  (2)  IN  CONDUCTING  A  STUDY ON INTERGOVERNMENTAL MANDATES UNDER THIS
PARAGRAPH, THE DIRECTOR SHALL:
  (I) SOLICIT AND CONSIDER INFORMATION OR COMMENTS  FROM  ELECTED  OFFI-
CIALS  (INCLUDING  THEIR DESIGNATED REPRESENTATIVES) OF STATE, LOCAL, OR
TRIBAL GOVERNMENTS AS MAY PROVIDE HELPFUL INFORMATION OR COMMENTS;
  (II) CONSIDER ESTABLISHING ADVISORY PANELS  OF  ELECTED  OFFICIALS  OR
THEIR  DESIGNATED REPRESENTATIVES, OF LOCAL OR TRIBAL GOVERNMENTS IF THE
DIRECTOR DETERMINES THAT  SUCH  ADVISORY  PANELS  WOULD  BE  HELPFUL  IN
PERFORMING RESPONSIBILITIES OF THE DIRECTOR UNDER THIS SECTION; AND
  (III) IF, AND TO THE EXTENT THAT THE DIRECTOR DETERMINES THAT ACCURATE
ESTIMATES ARE REASONABLY FEASIBLE, INCLUDE ESTIMATES OF:
  (A)  THE  FUTURE  DIRECT  COST OF THE STATE MANDATE TO THE EXTENT THAT
SUCH COSTS SIGNIFICANTLY DIFFER FROM  OR  EXTEND  BEYOND  THE  FIVE-YEAR
PERIOD AFTER THE MANDATE IS FIRST EFFECTIVE; AND

S. 2807--B                         80

  (B)  ANY  DISPROPORTIONATE  BUDGETARY  EFFECTS  OF STATE MANDATES UPON
PARTICULAR INDUSTRIES OR SECTORS OF THE ECONOMY, REGIONS, AND  URBAN  OR
RURAL OR OTHER TYPES OF COMMUNITIES, AS APPROPRIATE.
  (3)  IN CONDUCTING A STUDY ON STATE MANDATES UNDER SUBPARAGRAPH ONE OF
THIS PARAGRAPH, THE DIRECTOR SHALL PROVIDE  ESTIMATES,  IF  AND  TO  THE
EXTENT  THAT  THE DIRECTOR DETERMINES THAT SUCH ESTIMATES ARE REASONABLY
FEASIBLE, OF:
  (I) FUTURE COSTS OF STATE MANDATES  ON  PRIVATE  SECTOR  ENTITIES  AND
LOCAL  GOVERNMENTS TO THE EXTENT THAT SUCH MANDATES DIFFER SIGNIFICANTLY
FROM OR EXTEND BEYOND THE FIVE-YEAR TIME PERIOD REFERRED TO IN ITEM  (A)
OF CLAUSE (III) OF SUBPARAGRAPH TWO OF THIS PARAGRAPH;
  (II)  ANY  DISPROPORTIONATE  FINANCIAL EFFECTS OF STATE PRIVATE SECTOR
MANDATES AND OF ANY STATE FINANCIAL ASSISTANCE  IN  THE  BILL  OR  JOINT
RESOLUTION  UPON  ANY  PARTICULAR  INDUSTRIES OR SECTORS OF THE ECONOMY,
REGIONS, AND URBAN OR RURAL OR OTHER TYPES OF COMMUNITIES; AND
  (III) THE EFFECT OF STATE MANDATES IN THE BILL OR JOINT RESOLUTION  ON
THE ECONOMY OF THE STATE, INCLUDING THE EFFECT ON PRODUCTIVITY, ECONOMIC
GROWTH,  FULL  EMPLOYMENT, CREATION OF PRODUCTIVE JOBS, AND COMPETITIVE-
NESS OF GOODS AND SERVICES.
  9. THE LEGISLATIVE BUDGET OFFICE SHALL, FROM  TIME  TO  TIME,  PUBLISH
SUCH  REPORTS  AS  MAY BE APPROPRIATE TO ENHANCE THE OFFICIAL AND PUBLIC
UNDERSTANDING OF THE BUDGETARY PROCESS AND OF THE BUDGET DOCUMENTS. SUCH
OFFICE SHALL, FROM TIME TO TIME, PUBLISH SUCH REPORTS AS MAY  BE  NECES-
SARY  OR  APPROPRIATE  TO PROVIDE SUCH INFORMATION, DATA AND ANALYSIS AS
WILL ENHANCE OFFICIAL AND PUBLIC UNDERSTANDING OF  MATTERS  RELATING  TO
STATE REVENUES, EXPENDITURES, MANAGEMENT PRACTICES AND RELATED MATTERS.
  10.  ALL  INFORMATION, DATA, ESTIMATES AND STATISTICS, AND ALL STUDIES
AND REPORTS PREPARED BY THE LEGISLATIVE  BUDGET  OFFICE  SHALL  BE  MADE
AVAILABLE  TO  THE PUBLIC AND SHALL ALSO BE MADE AVAILABLE BY ELECTRONIC
MEANS TO THE EXTENT PRACTICABLE OVER THE INTERNET.
  11. NOTHING HEREIN SHALL BE CONSTRUED TO  REQUIRE  THE  DISCLOSURE  OF
INFORMATION  THAT  IS  OTHERWISE  PROTECTED  AS  CONFIDENTIAL  BY  OTHER
PROVISIONS OF STATE OR FEDERAL LAW.
  S 76.  DIRECTOR OF THE NEW YORK STATE LEGISLATIVE  BUDGET  OFFICE.  1.
THE NEW YORK STATE LEGISLATIVE BUDGET OFFICE SHALL BE HEADED BY A DIREC-
TOR  WHO  SHALL BE APPOINTED, FROM ONE OR MORE CANDIDATES RECOMMENDED BY
THE LEGISLATIVE BUDGET OFFICE  BOARD  OF  DIRECTORS  (ALSO  REFERRED  TO
INTERCHANGEABLY  AS THE "BOARD"), BY THE SPEAKER OF THE ASSEMBLY AND THE
TEMPORARY PRESIDENT OF THE SENATE. THE RECOMMENDATIONS FOR  THE  INITIAL
APPOINTMENT  OF  SUCH  DIRECTOR  SHALL  BE  MADE  NO  LATER THAN JANUARY
FIFTEENTH, TWO THOUSAND TWELVE  TO  THE  SPECIAL  COMMITTEE.  SUBSEQUENT
RECOMMENDATIONS  SHALL  BE  MADE  BETWEEN  JANUARY  SECOND  AND  JANUARY
FIFTEENTH EVERY SIXTH YEAR THEREAFTER. THE SPEAKER OF THE  ASSEMBLY  AND
TEMPORARY  PRESIDENT OF THE SENATE SHALL APPOINT THE INITIAL DIRECTOR NO
LATER THAN FEBRUARY FIFTEENTH, TWO  THOUSAND  TWELVE  AND  SUCH  INITIAL
DIRECTOR  SHALL  TAKE OFFICE BEGINNING APRIL FIRST, TWO THOUSAND TWELVE.
SUBSEQUENT APPOINTMENTS SHALL BE MADE NO LATER THAN  FEBRUARY  FIFTEENTH
EVERY SIXTH YEAR THEREAFTER.
  2.  (A)  THERE SHALL BE A LEGISLATIVE BUDGET OFFICE BOARD OF DIRECTORS
CONSISTING OF (1) ONE PERSON APPOINTED BY EACH OF  THE  FOLLOWING  OFFI-
CIALS  AND  WHO SHALL SERVE AT THE PLEASURE OF SUCH OFFICIALS; THE CHAIR
AND RANKING MEMBER OF THE ASSEMBLY WAYS  AND  MEANS  COMMITTEE  AND  THE
CHAIR  AND  RANKING  MEMBER OF THE SENATE FINANCE COMMITTEE, AND (2) SIX
OTHER MEMBERS JOINTLY APPOINTED BY THE SPEAKER OF THE ASSEMBLY  AND  THE
TEMPORARY  PRESIDENT  OF THE SENATE, WHO SHALL SERVE FOR SIX YEAR TERMS,
PROVIDED, HOWEVER THAT OF THE MEMBERS FIRST APPOINTED, TWO  SHALL  SERVE

S. 2807--B                         81

FOR  TERMS  EXPIRING  ON  MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN; TWO
SHALL SERVE FOR TERMS  EXPIRING  ON  MARCH  THIRTY-FIRST,  TWO  THOUSAND
FIFTEEN;  AND  TWO SHALL SERVE FOR TERMS EXPIRING ON MARCH THIRTY-FIRST,
TWO THOUSAND SEVENTEEN. THE MEMBERS SHALL ALL BE INDIVIDUALS WITH EXTEN-
SIVE  EXPERIENCE  AND  KNOWLEDGE  IN  THE  FIELDS OF FINANCE, ECONOMICS,
ACCOUNTING, PUBLIC ADMINISTRATION AND PUBLIC POLICY  ANALYSIS  INCLUDING
AT LEAST ONE NATIONALLY RECOGNIZED EXPERT IN THE FIELDS OF BUDGET THEORY
AND  THE BUDGET PROCESS; ONE DEAN OR DIRECTOR OR FORMER DEAN OR DIRECTOR
OF A GRADUATE SCHOOL  OF  BUSINESS  ADMINISTRATION,  PUBLIC  AFFAIRS  OR
PUBLIC  ADMINISTRATION  LOCATED IN NEW YORK STATE; ONE OFFICER OR FORMER
OFFICER OR ECONOMIC ADVISOR OF A LABOR  UNION;  ONE  OFFICER  OR  FORMER
OFFICER  OR  ECONOMIC  ADVISOR TO A BUSINESS CORPORATION; ONE OFFICER OR
FORMER OFFICER OF A CITY WITH A POPULATION OF ONE MILLION OR  MORE,  ONE
OFFICER OR FORMER OFFICER OF A COUNTY; AND ONE OFFICER OR FORMER OFFICER
OF A CIVIC OR PUBLIC INTEREST ADVOCACY ORGANIZATION DIRECTLY INVOLVED IN
BUDGET MATTERS.  NO INDIVIDUAL SHALL SERVE CONSECUTIVE TERMS.
  (B)  THE  LEGISLATIVE  BUDGET  OFFICE BOARD OF DIRECTORS SHALL DEVELOP
GUIDELINES FOR THE BEST PRACTICES OF THE LEGISLATIVE BUDGET OFFICE.  THE
LEGISLATIVE  BUDGET  OFFICE  BOARD OF DIRECTORS SHALL MEET ANNUALLY WITH
THE DIRECTOR  TO  REVIEW  SUCH  GUIDELINES  AND  TO  MAKE  COMMENTS  AND
SUGGESTIONS  ON  THE  OVERALL  PRACTICES  OF THE OFFICE.   IN DEVELOPING
GUIDELINES FOR BEST PRACTICES, SUCH STANDARDS  SHALL  BE  IN  COMPLIANCE
WITH  STANDARDS  PROMULGATED  BY  THE  GOVERNMENTAL ACCOUNTING STANDARDS
BOARD OR ANOTHER COMPARABLE STANDARD SETTING  ENTITY  WHEN  PRACTICABLE.
NOTHING  IN  THIS SECTION SHALL PRECLUDE THE BOARD FROM USING PRONOUNCE-
MENTS; STANDARDS AND OTHER OTHER DOCUMENTS DEVELOPED  AND  PUBLISHED  BY
ORGANIZATIONS  THAT  ARE  NATIONALLY  RECOGNIZED  AUTHORITIES IN MATTERS
PERTAINING TO PUBLIC FINANCE EXCEPT THAT THE BOARD  SHALL  DEVELOP  SUCH
BEST  PRACTICES  WITH  THE  INTENT  OF  COMPLYING  WITH THE GOVERNMENTAL
ACCOUNTING STANDARDS BOARD WHERE PRACTICABLE AND APPLICABLE.
  (C) MEMBERS OF THE BOARD OF DIRECTORS SHALL  RECEIVE  NO  COMPENSATION
BUT  SHALL  BE REIMBURSED FOR REASONABLE EXPENSES INCURRED IN CONNECTION
WITH THEIR DUTIES.
  3. THE DIRECTOR OF THE LEGISLATIVE BUDGET OFFICE  SHALL  BE  APPOINTED
WITHOUT  REGARD  TO  POLITICAL  AFFILIATION  AND  SOLELY ON THE BASIS OF
FITNESS TO PERFORM THE DUTIES ASSIGNED BY  THIS  ARTICLE.  THE  TERM  OF
OFFICE  OF  THE  DIRECTOR  FIRST  APPOINTED  SHALL  EXPIRE  ON  FEBRUARY
FIFTEENTH, TWO THOUSAND EIGHTEEN, AND THE TERMS OF OFFICE  OF  DIRECTORS
SUBSEQUENTLY  APPOINTED  SHALL  EXPIRE  ON  SUCH DATE IN EACH SIXTH YEAR
THEREAFTER. ANY INDIVIDUAL APPOINTED TO FILL  A  VACANCY  PRIOR  TO  THE
EXPIRATION  OF A TERM SHALL SERVE ONLY FOR THE UNEXPIRED PORTION OF SUCH
TERM. AN INDIVIDUAL SERVING AS DIRECTOR AT THE EXPIRATION  OF  THE  TERM
MAY  CONTINUE  TO  SERVE  UNTIL A SUCCESSOR IS APPOINTED.   ANY DIRECTOR
SERVING CONSECUTIVE TERMS SHALL BE RECOMMENDED BY THE LEGISLATIVE BUDGET
OFFICE BOARD OF DIRECTORS AND APPOINTED BY THE SPEAKER OF  THE  ASSEMBLY
AND THE TEMPORARY PRESIDENT OF THE SENATE FOR THE SECOND TERM. NO DIREC-
TOR SHALL SERVE MORE THAN TWO TERMS CONSECUTIVELY.
  4.  TWENTY  PERCENT  OF THE APPROPRIATIONS MADE TO THE DIVISION OF THE
BUDGET SHALL BE AVAILABLE TO PAY FOR THE  EXPENSES  OF  THE  LEGISLATIVE
BUDGET  OFFICE  DURING  EACH FISCAL YEAR BEGINNING WITH THE FIRST DAY OF
APRIL AFTER THIS SECTION SHALL HAVE BECOME A LAW. THE  DIRECTOR  OF  THE
LEGISLATIVE  BUDGET  OFFICE SHALL APPOINT SUCH PERSONNEL AND PROCURE THE
SERVICES OF SUCH EXPERTS  AND  CONSULTANTS,  WITHIN  THE  APPROPRIATIONS
AVAILABLE  THEREFOR,  AS MAY BE NECESSARY FOR SUCH DIRECTOR TO CARRY OUT
THE DUTIES AND FUNCTIONS  ASSIGNED  PURSUANT  TO  THIS  ARTICLE.    SUCH

S. 2807--B                         82

PERSONNEL  AND  EXPERTS  SHALL PERFORM SUCH DUTIES AS MAY BE ASSIGNED TO
THEM BY THE DIRECTOR.
  5.  THE  DIRECTOR  MAY  BE REMOVED BY EITHER A JOINT RESOLUTION OF THE
SENATE AND ASSEMBLY OR BY A VOTE OF SEVEN OUT  OF  TEN  MEMBERS  OF  THE
BOARD.
  6.  (A) THE DIRECTOR AND DEPUTY DIRECTOR SHALL RECEIVE COMPENSATION IN
AN AMOUNT TO BE DETERMINED PURSUANT TO A CHAPTER  OF  THE  LAWS  OF  TWO
THOUSAND ELEVEN.
  (B)  THE  DIRECTOR  SHALL  APPOINT  AND  FIX  THE COMPENSATION OF SUCH
PERSONNEL AS MAY BE NECESSARY TO CARRY OUT THE DUTIES AND  FUNCTIONS  OF
THE  OFFICE.  ALL  PERSONNEL  OF  THE  OFFICE SHALL BE APPOINTED WITHOUT
REGARD TO POLITICAL AFFILIATION AND SOLELY ON THE BASIS OF THEIR FITNESS
TO PERFORM THEIR DUTIES. THE  DIRECTOR  MAY  PRESCRIBE  THE  DUTIES  AND
RESPONSIBILITIES  OF  THE  PERSONNEL OF THE OFFICE, AND DELEGATE TO THEM
AUTHORITY TO PERFORM ANY OF THE DUTIES, POWERS, AND FUNCTIONS IMPOSED ON
THE OFFICE OR ON THE DIRECTOR. FOR PURPOSES OF PAY AND EMPLOYMENT  BENE-
FITS,  RIGHTS,  AND  PRIVILEGES,  ALL  PERSONNEL  OF THE OFFICE SHALL BE
TREATED AS IF THEY WERE EMPLOYEES OF NEW YORK STATE.
  7. THE DIRECTOR OF THE LEGISLATIVE BUDGET OFFICE SHALL HAVE ACCESS  AT
ALL  REASONABLE  TIMES  TO  OFFICES  OF  STATE DEPARTMENTS, COMMISSIONS,
BOARDS, BUREAUS AND OFFICES, TO INSTITUTIONS AND TO ALL  STATE  AUTHORI-
TIES  AND  PUBLIC  WORKS  OF  THE STATE AND THEY MAY, FOR THE PURPOSE OF
OBTAINING INFORMATION AS TO THE METHOD OF OPERATION, GENERAL  CONDITION,
MANAGEMENT  AND  NEEDS  THEREOF,  EXAMINE  THE  BOOKS, PAPERS AND PUBLIC
RECORDS THEREIN. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  SUCH  STATE
DEPARTMENTS,  COMMISSIONS,  BOARDS,  BUREAUS,  DIVISIONS, OFFICES, STATE
AUTHORITIES AND OTHER INSTITUTIONS SHALL, THROUGH THEIR PROPER  OFFICERS
OR  DEPUTIES,  FURNISH  TO THE DIRECTOR SUCH DATA, INFORMATION OR STATE-
MENTS AS MAY BE NECESSARY FOR THE PROPER EXERCISE OF HIS OR  HER  POWERS
AND DUTIES AND FOR THE PURPOSE OF CARRYING INTO EFFECT THE PROVISIONS OF
THIS ARTICLE.
  8. FOR THE PURPOSES OF REVENUE LEGISLATION WHICH IS INCOME, ESTATE AND
GIFT, EXCISE, AND PAYROLL TAXES, CONSIDERED OR ENACTED IN ANY SESSION OF
THE  LEGISLATURE,  THE  LEGISLATIVE  BUDGET OFFICE SHALL CONSIDER DURING
THAT LEGISLATIVE SESSION REVENUE ESTIMATES PROVIDED TO IT BY THE  OFFICE
OF  THE  STATE  COMPTROLLER. DURING THAT SESSION OF THE LEGISLATURE SUCH
REVENUE ESTIMATES SHALL BE TRANSMITTED BY THE LEGISLATIVE BUDGET  OFFICE
TO  ANY  COMMITTEE  OF  THE ASSEMBLY OR THE SENATE REQUESTING SUCH ESTI-
MATES, AND SHALL BE USED BY SUCH COMMITTEES IN  DETERMINING  SUCH  ESTI-
MATES.  THE FISCAL COMMITTEES OF THE SENATE AND ASSEMBLY SHALL DETERMINE
ALL ESTIMATES WITH RESPECT TO THE EXECUTION  OF  THE  PURPOSES  OF  THIS
ARTICLE.    THIS SUBDIVISION SHALL NOT REQUIRE NOR PRECLUDE THE LEGISLA-
TIVE BUDGET OFFICE FROM USING ESTIMATES OF THE STATE COMPTROLLER IN  THE
CALCULATION OF THE REVENUE FORECAST AS STIPULATED IN SUBDIVISION FIVE OF
SECTION SEVENTY-FIVE OF THIS ARTICLE.
  S  2. Section 22 of the state finance law is amended by adding two new
subdivisions 17 and 18 to read as follows:
  17. DEVELOPMENT OF THE EXECUTIVE BUDGET SUBMISSION AND ENACTED BUDGET.
FOR FISCAL YEARS BEGINNING  ON  AND  AFTER  APRIL  FIRST,  TWO  THOUSAND
TWELVE,  THE EXECUTIVE BUDGET SUBMISSION AND THE ENACTED BUDGET COVERING
ALL EXPENDITURES OTHER THAN CAPITAL ITEMS SHALL BE PREPARED AND BALANCED
SO THE RESULTS THEREOF WOULD NOT SHOW A DEFICIT WHEN REPORTED IN ACCORD-
ANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS DEFINED IN SECTION
TWO OF THIS CHAPTER.
  18. NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE  CONTRARY,  BUDGETS
SUBMITTED PURSUANT TO THIS SECTION SHALL INCLUDE:

S. 2807--B                         83

  A.  A  DESCRIPTION  OF  ALL  OF  THE EXPENDITURES ESTIMATED TO BE MADE
BEFORE THE CLOSE OF THE CURRENT FISCAL YEAR AND ALL OF THE  EXPENDITURES
PROPOSED  TO  BE MADE DURING THE ENSUING FISCAL YEAR, BOTH IN ACCORDANCE
WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS DEFINED IN SECTION  TWO
OF THIS CHAPTER; AND
  B.  A  DESCRIPTION  OF ALL THE REVENUES ESTIMATED TO ACCRUE BEFORE THE
CLOSE OF THE CURRENT FISCAL YEAR AND DURING  THE  ENSUING  FISCAL  YEAR,
INCLUSIVE OF ANY REVENUES WHICH ARE EXPECTED TO RESULT FROM THE PROPOSED
LEGISLATION  WHICH  THE  GOVERNOR  DEEMS  NECESSARY  TO PROVIDE RECEIPTS
SUFFICIENT TO MEET PROPOSED DISBURSEMENTS, ALL IN ACCORDANCE WITH GENER-
ALLY ACCEPTED ACCOUNTING PRINCIPLES AS DEFINED IN SECTION  TWO  OF  THIS
CHAPTER.
  S  3.  Paragraph (a) of subdivision 2 of section 54 of the legislative
law, as added by chapter 1 of the laws of 2007, is amended  to  read  as
follows:
  (a)  The legislature shall enact a budget for the upcoming fiscal year
that it determines is balanced [in the] ON A general fund,  STATE  FUNDS
AND  ALL  FUNDS  BASIS. THE LEGISLATURE SHALL MAKE THIS DETERMINATION IN
ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS  DEFINED  IN
SECTION TWO OF THIS CHAPTER.
  S  4. Subdivision 2 of section 54 of the legislative law is amended by
adding a new paragraph (d) to read as follows:
  (D) NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE  CONTRARY,  BUDGETS
SUBMITTED PURSUANT TO THIS SECTION SHALL INCLUDE:
  (I)  ALL  OF THE EXPENDITURES ESTIMATED TO BE MADE BEFORE THE CLOSE OF
THE CURRENT FISCAL YEAR AND ALL OF THE EXPENDITURES PROPOSED TO BE  MADE
DURING  THE  ENSUING  FISCAL  YEAR,  BOTH  IN  ACCORDANCE WITH GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES AS DEFINED IN SECTION TWO OF  THIS  CHAP-
TER; AND
  (II)  A  DESCRIPTION OF ALL OF THE REVENUES ESTIMATED TO ACCRUE BEFORE
THE CLOSE OF THE CURRENT FISCAL YEAR AND DURING THE ENSUING FISCAL YEAR,
INCLUSIVE OF ANY REVENUES WHICH ARE EXPECTED TO RESULT FROM THE PROPOSED
LEGISLATION WHICH THE LEGISLATURE DEEMS NECESSARY  TO  PROVIDE  RECEIPTS
SUFFICIENT TO MEET PROPOSED DISBURSEMENTS, ALL IN ACCORDANCE WITH GENER-
ALLY  ACCEPTED  ACCOUNTING  PRINCIPLES AS DEFINED IN SECTION TWO OF THIS
CHAPTER.
  S 5. Section 22 of the state finance law is amended by  adding  a  new
subdivision 19 to read as follows:
  19.  THE  DIVISION OF THE BUDGET SHALL PREPARE THE REPORTS, SCHEDULES,
AND OTHER INFORMATION DESCRIBED BELOW IN THIS SUBDIVISION. TO THE EXTENT
PRACTICABLE, SUCH REPORTS, SCHEDULES, AND  INFORMATION  SHALL  BE  IN  A
FORM, AND PRESENTED AT A LEVEL OF DETAIL, THAT FACILITATES COMPARISON ON
AN  ANNUAL  BASIS  AND  AGAINST ACTUAL RESULTS, AS APPROPRIATE, AND IN A
MANNER CONSISTENT WITH THE OTHER REPORTING  REQUIREMENTS  ENUMERATED  IN
THIS  SECTION. THE REPORTS, SCHEDULES, AND OTHER INFORMATION REQUIRED BY
THIS SUBDIVISION SHALL BE SUBMITTED TO THE CHAIR OF THE  SENATE  FINANCE
COMMITTEE,  THE  CHAIR  OF  THE  ASSEMBLY  WAYS AND MEANS COMMITTEE, THE
MINORITY LEADERS OF BOTH HOUSES, AND THE COMPTROLLER  ACCORDING  TO  THE
SCHEDULES  SET  FORTH  IN  THIS  SUBDIVISION.  IN  DETERMINING THE FINAL
CONTENT AND FORMAT OF THE INFORMATION  REQUIRED  BY  THIS  SECTION,  THE
DIVISION  SHALL  CONSULT  ANNUALLY  WITH THE DIRECTOR OF THE LEGISLATIVE
BUDGET OFFICE, THE DESIGNEES OF THE TEMPORARY PRESIDENT OF  THE  SENATE,
THE  SPEAKER  OF  THE ASSEMBLY, THE MINORITY LEADERS OF BOTH HOUSES, AND
THE COMPTROLLER. ALL INFORMATION DESCRIBED IN THIS SUBDIVISION SHALL  BE
MADE AVAILABLE TO THE PUBLIC.

S. 2807--B                         84

  A.  THE SUMMARY FINANCIAL PLAN SUBMITTED BY THE GOVERNOR TO THE LEGIS-
LATURE, IN ADDITION TO THE INFORMATION DESCRIBED IN SUBDIVISION  ONE  OF
THIS SECTION, SHALL INCLUDE:
  (1)  A  SCHEDULE  OF  RECEIPTS  FOR  THE PRIOR, CURRENT, AND NEXT FIVE
FISCAL YEARS. SUCH SCHEDULE SHALL PRESENT THE MAJOR REVENUE SOURCES  FOR
EACH  FUND,  INCLUDING DETAIL FOR EACH MAJOR TAX AND MAJOR COMPONENTS OF
MISCELLANEOUS RECEIPTS.
  (2) A DESCRIPTION OF EMPLOYMENT  LEVELS  FOR  EACH  STATE  DEPARTMENT,
DIVISION  OR OFFICE FOR THE PRIOR, CURRENT, AND NEXT ENSUING FISCAL YEAR
CONTAINING (A) SEPARATE SCHEDULES FOR EACH FUND  TYPE  AND  (B)  AN  ALL
FUNDS SUMMARY. SUCH INFORMATION SHALL BE PRESENTED IN A FORM THAT FACIL-
ITATES  COMPARISONS  AMONG  AGENCIES  AND ACROSS FISCAL YEARS, AND SHALL
INCLUDE (I) ACTUAL AND PROJECTED FULL-TIME EQUIVALENTS AND (II) PROPOSED
CHANGES TO THE WORKFORCE IN THE EXECUTIVE BUDGET,  INCLUDING  NEW  POSI-
TIONS,  LAYOFFS,  ATTRITIONS,  AND  CHANGES  IN  FUNDING SOURCES. TO THE
EXTENT PRACTICABLE, THE DIVISION OF  THE  BUDGET  SHALL  FACILITATE  THE
PROVISION OF OTHER RELEVANT INFORMATION ON EMPLOYMENT TO THE LEGISLATURE
IN A TIMELY MANNER DURING THE STATE FISCAL YEAR.
  B.  THE EXECUTIVE BUDGET, THE ENACTED BUDGET REPORT AND EACH QUARTERLY
UPDATE TO THE FINANCIAL PLAN SHALL INCLUDE THE FOLLOWING INFORMATION, IN
ADDITION TO THE INFORMATION REQUIRED ELSEWHERE IN THIS SECTION AND OTHER
SECTIONS OF LAW.
  (1) AN UPDATED GENERAL FUND FORECAST OF RECEIPTS AND DISBURSEMENTS FOR
THE CURRENT AND FIVE SUCCEEDING  FISCAL  YEARS.  SUCH  UPDATED  FORECAST
SHALL  CLEARLY  IDENTIFY  AND  EXPLAIN THE REVISIONS TO THE RECEIPTS AND
DISBURSEMENTS PROJECTIONS FROM THE  MOST  RECENT  PRIOR  UPDATE  TO  THE
FINANCIAL  PLAN, AND ANY SIGNIFICANT REVISIONS TO THE UNDERLYING FACTORS
AFFECTING RECEIPTS AND DISBURSEMENTS BY MAJOR FUNCTION, AND MAY INCLUDE,
BUT NOT BE LIMITED TO: CASELOAD, SERVICE, AND UTILIZATION  RATES;  DEMO-
GRAPHIC TRENDS; ECONOMIC VARIABLES; PENSION FUND PERFORMANCE; INCARCERA-
TION   RATES;  PRESCRIPTION  DRUG  PRICES;  HEALTH  INSURANCE  PREMIUMS;
INFLATION; CONTRACTUAL OBLIGATIONS;  LITIGATION;  AND  STATE  EMPLOYMENT
TRENDS.
  (2)  A  REVISED  MONTHLY GENERAL FUND CASH FLOW PROJECTION OF RECEIPTS
AND DISBURSEMENTS FOR THE CURRENT FISCAL YEAR THAT (A)  COMPARES  ACTUAL
RESULTS TO (I) ACTUAL RESULTS THROUGH THE SAME PERIOD FOR THE PRIOR YEAR
AND  (II)  THE MOST RECENT PRIOR UPDATE TO THE FINANCIAL PLAN AND TO THE
ENACTED BUDGET FINANCIAL PLAN, (B) SUMMARIZES THE REASONS FOR ANY  VARI-
ANCES, AND (C) DESCRIBES THE REVISIONS TO THE CASH FLOW PROJECTIONS. THE
MONTHLY GENERAL FUND CASH FLOW PROJECTION SHALL BE STATED BY MAJOR CATE-
GORY OF LOCAL ASSISTANCE, PERSONAL SERVICE, NONPERSONAL SERVICE, GENERAL
STATE CHARGES, AND DEBT SERVICE, AND BY MAJOR CATEGORY OF REVENUE.
  C.  THE  CAPITAL  PROGRAM  AND  FINANCING  PLAN  SUBMITTED PURSUANT TO
SECTION TWENTY-TWO-C OF THIS ARTICLE, AND THE  UPDATE  THERETO  REQUIRED
PURSUANT TO SECTION TWENTY-THREE OF THIS ARTICLE, SHALL INCLUDE A REPORT
ON  THE MANAGEMENT OF STATE-SUPPORTED DEBT. SUCH REPORT MAY INCLUDE, BUT
IS NOT LIMITED TO: (1) AN ASSESSMENT OF THE AFFORDABILITY OF STATE DEBT,
INCLUDING DEBT AS A PERCENT OF PERSONAL INCOME,  DEBT  PER  CAPITA,  AND
DEBT  SERVICE COSTS AS A PERCENT OF THE BUDGET, (2) A SUMMARY AND ANALY-
SIS OF THE INTEREST RATE EXCHANGE AGREEMENTS AND VARIABLE RATE EXPOSURE,
AND (3) AN ASSESSMENT OF FINANCING OPPORTUNITIES RELATED TO THE  STATE'S
DEBT PORTFOLIO.
  S 6. This act shall take effect immediately.
  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,

S. 2807--B                         85

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 DD of this act shall be
as specifically set forth in the last section of such Parts.

S2807C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4007C
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S2807C (ACTIVE) - Bill Texts

view summary

Extends numerous provisions of law that were set to expire and be repealed, but that were otherwise necessary for the fiscal stability of the state and the health and safety of its citizens; authorizes the governor to close correctional facilities; relates to the public safety communications surcharge; relates to annual reports of costs related to the statewide wireless network; removes the salary provision of state liquor authority commissioners, other than the chairman; relates to self-insurers for workers' compensation purposes; relates to removing the salary provision for civil service commissioners other than the president; provides aid and incentives for municipalities; relates to aid to municipalities in which a video lottery terminal facility is located; creates citizens empowerment tax credits, local government citizens re-organization empowerment grants and the local government performance and efficiency program; streamlines the local government efficiency grant program; clarifies the state's obligation to make payments with respect to certain lands; allows the State University Downstate Medical Center to create a not-for-profit corporation; relates to New York state district attorney and indigent legal services attorney loan forgiveness program eligibility; and relates to the acquisition of the assets of Community-General Hospital of Greater Syracuse of SUNY Upstate Medical University.

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

    S. 2807--C                                            A. 4007--C

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

                            February 1, 2011
                               ___________

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 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

AN ACT to amend 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 proce-
  dure 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12570-06-1

S. 2807--C                          2                         A. 4007--C

  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 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 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  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; 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
  the  effectiveness  of  such chapter; to amend part H of chapter 56 of
  the laws of 2009, amending the correction law relating to limiting the
  closing of certain correctional facilities, providing for the  custody
  by the department of correctional services of inmates serving definite
  sentences,  providing  for  custody of federal prisoners and requiring
  the closing of certain correctional facilities,  in  relation  to  the
  effectiveness  of  such  chapter;  to amend chapter 268 of the laws of
  1996, amending the education law and the state finance law relating to
  providing a recruitment incentive and retention  program  for  certain
  active  members  of  the  New  York  army national guard, New York air

S. 2807--C                          3                         A. 4007--C

  national guard, and New York naval militia, in relation to the  effec-
  tiveness  of such chapter; and to amend section 3 of part C of chapter
  152 of the laws of 2001, amending the military law relating  to  mili-
  tary  funds of the organized militia, in relation to the effectiveness
  thereof (Part A); to amend chapter 503 of the laws of 2009 relating to
  the disposition of  monies  recovered  by  county  district  attorneys
  before the filing of an accusatory instrument, in relation thereto and
  the  effectiveness thereof (Part B); authorizing the governor to close
  correctional  facilities;  and  providing  for  the  repeal  of   such
  provisions  upon expiration thereof (Part C); to amend the tax law, in
  relation to the public  safety  communications  surcharge;  to  repeal
  section 403 of the state technology law, relating to annual reports of
  costs related to the statewide wireless network; and providing for the
  repeal  of  certain  provisions  upon  expiration thereof (Part D); to
  amend  the executive law and the alcoholic beverage  control  law,  in
  relation  to  removing the salary provision for state liquor authority
  commissioners, other than the chairman (Part E); Intentionally omitted
  (Part F); to amend the workers' compensation law, in relation to self-
  insurers; and to repeal certain provisions of such law relating there-
  to (Part G); to amend the executive law and the civil service law,  in
  relation  to  removing  the salary provision for civil service commis-
  sioners other than the president (Part H); to amend the state  finance
  law, in relation to aid and incentives for municipalities (Part I); to
  amend  the state finance law, in relation to a program of aid to muni-
  cipalities in which a video lottery terminal facility is  located  and
  to repeal certain provisions of such law relating thereto (Part J); to
  amend  the state finance law, in relation to creating citizen empower-
  ment tax credits, local government citizens  re-organization  empower-
  ment  grants  and  the  local  government  performance  and efficiency
  program,  and  streamlining  the  local  government  efficiency  grant
  program  (Part  K);  to amend chapter 774 of the laws of 1989 amending
  the real property tax law relating to certain state lands  subject  to
  taxation,  in  relation  to  clarifying the state's obligation to make
  payments with respect to certain lands (Part L); Intentionally omitted
  (Part M); Intentionally omitted (Part N); Intentionally omitted  (Part
  O);  in  relation  to  allowing the State University Downstate Medical
  Center to create a not-for-profit corporation (Part P); to amend chap-
  ter 141 of the laws of 1994, amending  the  legislative  law  and  the
  state  finance law relating to the operation and administration of the
  legislature, in relation to extending such  provisions  (Part  Q);  to
  amend the education law, in relation to New York state district attor-
  ney  and  indigent  legal  services  attorney loan forgiveness program
  eligibility (Part R); and in relation to the acquisition of the assets
  of Community-General Hospital of  Greater  Syracuse  by  SUNY  Upstate
  Medical University (Part S)

  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 2011-2012
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through S. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-

S. 2807--C                          4                         A. 4007--C

ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Section 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 U of chapter 56 of the  laws  of  2009,  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,
[2011] 2013.
  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  U of chapter 56 of the laws of 2009, 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, [2011] 2013, 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 U of chapter 56 of the laws of  2009,  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, [2011] 2013.
  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 U of chapter 56 of the laws of 2009, 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, [2011]  2013  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. 2807--C                          5                         A. 4007--C

and funding, as amended by section 5 of part U of chapter 56 of the laws
of 2009, 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, [2011] 2013 and be  applicable
to all persons entering the program on or before August 31, [2011] 2013.
  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 U of chapter 56 of
the laws of 2009, 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, [2011] 2013, 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 U of  chapter  56  of
the laws of 2009, is amended to read as follows:
  (c)  sections forty-one and forty-two of this act shall expire Septem-
ber 1, [2011] 2013; 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 U of chap-
ter 56 of the laws of 2009, 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, [2011] 2013,  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 U of chapter 56 of the laws of
2009, 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, [2011] 2013, when upon such date the
amendments to the correction law and penal law made by  sections  fifty-

S. 2807--C                          6                         A. 4007--C

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 U of chapter 56 of
the laws of 2009, 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]
DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION  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, [2011] 2013;
  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 U of  chapter  56  of
the laws of 2009, 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, [2011] 2013;
  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 U of  chap-
ter 56 of the laws of 2009, 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, [2011] 2013 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 U of chapter 56 of the laws of 2009, 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. 2807--C                          7                         A. 4007--C

hundred seventy-five and three hundred seventy-six  of  this  act  shall
remain  in  effect  until  September  1, [2011] 2013, 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, [2011] 2013 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 U of chapter 56 of the laws of 2009, 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 [eleven] THIRTEEN.
  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 15 of part U of chapter 56 of the laws of 2009, 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. 2807--C                          8                         A. 4007--C

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,
[2011] 2013 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 16 of part U of chapter 56 of the
laws of 2009, 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, [2011] 2013;
  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 17 of part U of chap-
ter 56 of the laws of 2009, 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, [2011]
2013, 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 18 of part U of  chapter  56  of  the
laws of 2009, 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, [2011]
2013.
  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 19 of part U of chapter 56 of the laws of 2009,  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, [2011] 2013, when upon such
date the provisions of this act shall be deemed repealed.
  S  20.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 21  of
part U of chapter 56 of the laws of 2009, is amended to read as follows:
  d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two and forty-four of this  act  shall
be deemed repealed on September 1, [2011] 2013;
  S 21. 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 section 23 of part U of chapter 56 of  the  laws
of 2009, 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, [2011] 2013 when upon such date the provisions of this  act
shall be deemed repealed.
  S 22. Section 3 of chapter 688 of the laws of 2003, amending the exec-
utive law relating to enacting the interstate compact for adult offender

S. 2807--C                          9                         A. 4007--C

supervision,  as  amended  by  section 20 of part U of chapter 56 of the
laws of 2009, 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,  [2011] 2013, upon which date this act
shall be deemed repealed and have no further force and effect;  provided
that  section one of this act shall only take effect with respect to any
compacting state  which  has  enacted  an  interstate  compact  entitled
"Interstate  compact for adult offender supervision" and having an iden-
tical effect to that added by section  one  of  this  act  and  provided
further  that with respect to any such compacting state, upon the effec-
tive date of section one of this act, section 259-m of the executive law
is hereby deemed REPEALED and section 259-mm of the  executive  law,  as
added  by  section  one  of  this  act,  shall take effect; and provided
further that with respect to any state which has not enacted  an  inter-
state  compact  entitled  "Interstate  compact for adult offender super-
vision" and having an identical effect to that added by section  one  of
this  act,  section 259-m of the executive law shall take effect and the
provisions of section one of this act, with respect to any  such  state,
shall  have no force or effect until such time as such state shall adopt
an interstate compact entitled "Interstate compact  for  adult  offender
supervision" and having an identical effect to that added by section one
of  this  act in which case, with respect to such state, effective imme-
diately, section 259-m of the  executive  law  is  deemed  repealed  and
section  259-mm  of  the  executive law, as added by section one of this
act, shall take effect.
  S 23. Section 8 of part H of chapter 56 of the laws of 2009,  amending
the  correction  law relating to limiting the closing of certain correc-
tional facilities, providing  for  the  custody  by  the  department  of
correctional  services  of inmates serving definite sentences, providing
for custody of federal prisoners and requiring the  closing  of  certain
correctional facilities, is amended to read as follows:
  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] 2013.
  S  24.    Section  5  of chapter 268 of the laws of 1996, amending the
education law and the state finance law relating to providing a recruit-
ment incentive and retention program for certain active members  of  the
New  York army national guard, New York air national guard, and New York
naval militia, as amended by section 1 of part B of chapter  56  of  the
laws of 2005, is amended to read as follows:
  S  5.  This act shall take effect January 1, 1997 and shall expire and
be deemed repealed [March 31, 2011] SEPTEMBER 1, 2016; provided that any
person who has begun to receive the benefits of this act  prior  to  its
expiration and repeal shall be entitled to continue to receive the bene-
fits  of  this act after its expiration and repeal until completion of a
baccalaureate degree or cessation of status as an active member,  which-
ever occurs first.
  S  25. 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 RR of chapter 56 of the laws  of  2009,  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

S. 2807--C                         10                         A. 4007--C

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,  2011]  SEPTEMBER 1, 2013 when upon such date this act
shall expire.
  S 26. This act shall take effect immediately.

                                 PART B

  Section 1. Sections 1 and 2 of part H of chapter 503 of  the  laws  of
2009  relating to the disposition of monies recovered by county district
attorneys before the filing of an accusatory instrument, as  amended  by
section  1  of part KK of chapter 56 of the laws of 2010, are amended to
read as follows:
  Section 1. When a county district attorney of a county  located  in  a
city  of  one  million  or  more recovers monies before the filing of an
accusatory instrument as defined in subdivision 1 of section 1.20 of the
criminal procedure law, after injured parties  have  been  appropriately
compensated, the district attorney's office shall retain a percentage of
the remaining such monies in recognition that such monies were recovered
as  a result of investigations undertaken by such office. [The] FOR EACH
RECOVERY THE total amount of such monies to be retained  by  the  county
district  attorney's office shall equal ten percent of the first twenty-
five million dollars received by such office [during  the  state  fiscal
year],  plus  seven and one-half percent of such monies received by such
office in excess of twenty-five million  dollars  but  less  than  fifty
million  dollars,  plus five percent of any such monies received by such
office in excess of fifty million dollars  but  less  than  one  hundred
million dollars, plus one percent of such monies received by such office
in  excess of one hundred million dollars.  The remainder of such monies
shall be paid by the district attorney's office to the state and to  the
county in equal amounts within thirty days of receipt, where disposition
of  such  monies is not otherwise prescribed by law.  Monies distributed
to a county district attorney's office pursuant to this section shall be
used to enhance law enforcement efforts [and shall  not  supplant  funds
for  ordinary  budgetary  costs  including  salaries  of  personnel  and
expenses of district attorneys].
  S 2. This act shall take effect immediately and shall remain  in  full
force  and effect until [the last day of] March 31, [2011] 2012, when it
shall expire and be deemed repealed.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have  been  in  full  force  and  effect  on  and  after March 31, 2011;
provided, however, that the amendments to section 1 of part H of chapter
503 of the laws of 2009 made by section one of this act shall not affect
the repeal of such section and shall be deemed repealed therewith.

                                 PART C

  Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
the correction law, the governor is  authorized  to  close  correctional
facilities  of  the department of corrections and community supervision,
in state fiscal year 2011-2012, as he determines to be necessary for the
cost-effective and  efficient  operation  of  the  correctional  system,
provided that the governor provides at least 60 days notice prior to any
such  closures  to the temporary president of the senate and the speaker
of the assembly.

S. 2807--C                         11                         A. 4007--C

  S 2. This act shall take effect April 1, 2011 and shall expire and  be
deemed repealed March 31, 2012.

                                 PART D

  Section  1. Paragraph (b) of subdivision 6 of section 186-f of the tax
law, as added by section 3 of part B of chapter 56 of the laws of  2009,
is amended to read as follows:
  (b)  The  sum  of  one  million  five hundred thousand dollars must be
deposited into the New York state emergency services revolving loan fund
annually; PROVIDED, HOWEVER, THAT SUCH SUMS SHALL NOT BE  DEPOSITED  FOR
STATE  FISCAL  YEARS  TWO  THOUSAND  ELEVEN--TWO THOUSAND TWELVE AND TWO
THOUSAND TWELVE--TWO THOUSAND THIRTEEN;
  S 2. Paragraphs (d) and (e) of subdivision 6 of section 186-f  of  the
tax  law, paragraph (d) as amended and paragraph (e) as added by section
39 of part B of chapter 56 of the laws of 2010, are amended to  read  as
follows:
  (d)  THE  SUM  OF  NINE  MILLION DOLLARS ANNUALLY FOR THE PROVISION OF
GRANTS OR REIMBURSEMENTS TO COUNTIES FOR COSTS RELATED TO THE  OPERATION
AND  IMPROVEMENT  OF  PUBLIC  SAFETY ANSWERING POINTS. ANNUAL GRANTS MAY
CONSIDER PROSPECTIVE OR  RETROSPECTIVE  COSTS  INCURRED  TO  CONSOLIDATE
PUBLIC  SAFETY ANSWERING POINTS, TO IMPLEMENT NEW TECHNOLOGIES IN PUBLIC
SAFETY ANSWERING POINTS  THAT  FACILITATE  INTEROPERABILITY  AND  CREATE
OPERATING EFFICIENCIES, TO PROMOTE THE DEVELOPMENT AND IMPLEMENTATION OF
CROSS-JURISDICTIONAL  STANDARD OPERATING PROCEDURES THAT FOSTER REGIONAL
CONSOLIDATION.
  (E) To provide the costs of debt service for bonds and notes issued to
finance expedited deployment  funding  pursuant  to  the  provisions  of
section three hundred thirty-three of the county law and section sixteen
hundred eighty-nine-h of the public authorities law; and
  [(e)  services]  (F) SERVICES and expenses that support the operations
and mission of the division of homeland security and emergency  services
as appropriated by the legislature.
  S 3. Section 403 of the state technology law is REPEALED.
  S  4.  This  act  shall take effect immediately; provided however that
section two of this act shall take  effect  April  1,  2012,  and  shall
expire and be deemed repealed March 31, 2014.

                                 PART E

  Section 1. Paragraph (f) of subdivision 1 of section 169 of the execu-
tive law, as separately amended by section 11 of part A-1 and section 10
of  part  O  of  chapter  56  of the laws of 2010, is amended to read as
follows:
  (f) executive director of adirondack park  agency,  [commissioners  of
the  state  liquor  authority,] commissioners of the state civil service
commission, members of state commission of correction, members of  unem-
ployment  insurance  appeal  board,  and members of the workers' compen-
sation board.
  S 2.  Section 11 of the alcoholic beverage control law, as amended  by
chapter 83 of the laws of 1995, is amended to read as follows:
  S 11. Appointment of authority.  The members of the authority shall be
appointed  by  the  governor  by  and with the advice and consent of the
senate. Not more than two members of the authority shall belong  to  the
same  political  party.    The  chairman of the state alcoholic beverage
control board heretofore appointed and designated by  the  governor  and

S. 2807--C                         12                         A. 4007--C

the remaining members of such board heretofore appointed by the governor
shall  continue  to serve as chairman and members of the authority until
the expiration of the respective terms for which  they  were  appointed.
Upon  the  expiration  of  such  respective terms the successors of such
chairman and members shall be appointed to serve for  a  term  of  three
years each and until their successors have been appointed and qualified.
THE  COMMISSIONERS,  OTHER  THAN THE CHAIRMAN SHALL, WHEN PERFORMING THE
WORK OF THE AUTHORITY, BE COMPENSATED AT A RATE  OF  TWO  HUNDRED  SIXTY
DOLLARS  PER  DAY,  TOGETHER  WITH AN ALLOWANCE FOR ACTUAL AND NECESSARY
EXPENSES INCURRED IN THE DISCHARGE OF THEIR DUTIES. THE  CHAIRMAN  SHALL
RECEIVE  AN  ANNUAL SALARY ESTABLISHED IN SECTION ONE HUNDRED SIXTY-NINE
OF THE EXECUTIVE LAW.
  S 3. This act shall take effect immediately.

                                 PART F

  Intentionally omitted.

                                 PART G

  Section 1. The opening paragraph of subparagraph 4 of paragraph (h) of
subdivision 8 of section 15 of the workers' compensation law, as amended
by section 1 of part QQ of chapter 56 of the laws of 2009, is amended to
read as follows:
  As soon as practicable after May first in the  year  nineteen  hundred
fifty-eight,  and annually thereafter as soon as practicable after Janu-
ary 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, AND all insurance carriers [and group self-in-
surers,] (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 antic-
ipated  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, AND 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 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

S. 2807--C                         13                         A. 4007--C

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 allo-
cated 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 standard premium by each such insurance carrier bore to the  total
standard  premium reported by all insurance carriers during the calendar
year which ended within said preceding 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 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  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,
"standard premium" shall mean the premium as defined for the purposes of
this assessment by the superintendent 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  multi-
plied  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-insurer  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 article, 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

S. 2807--C                         14                         A. 4007--C

premiums  in  accordance  with  rules set forth by the superintendent of
insurance in consultation with the New York workers' compensation rating
board and the chair of the board. Such surcharge shall be considered  as
part of premium for purposes prescribed by law including, but not limit-
ed  to, computing premium tax, reporting to the superintendent of insur-
ance pursuant to section ninety-nine of this chapter and  section  three
hundred  seven  of  the  insurance  law,  determining  the limitation of
expenditures for the administration of the state insurance fund pursuant
to section eighty-eight of this  chapter  and  the  cancellation  by  an
insurance  carrier,  including the state insurance fund, of a policy for
non-payment of premium. The provisions of this paragraph shall not apply
with respect to policies containing coverage pursuant to subsection  (j)
of  section  three  thousand  four  hundred  twenty of the insurance law
relating to every  policy  providing  comprehensive  personal  liability
insurance  on  a one, two, three or four family owner-occupied dwelling.
The state insurance fund shall[,] notify its insureds that such  assess-
ments,  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
SECTION, A "SELF-INSURER" SHALL BE:    (I)  AN  EMPLOYER  AUTHORIZED  TO
SELF-INSURE  UNDER  SUBDIVISION  THREE OF SECTION FIFTY OF THIS CHAPTER,
ACTIVE GROUPS AUTHORIZED PURSUANT  TO  SUBDIVISION  THREE-A  OF  SECTION
FIFTY  OF THIS CHAPTER OR A GROUP OF EMPLOYERS AUTHORIZED TO SELF-INSURE
UNDER PARAGRAPH TEN OF SUBDIVISION THREE-A  OF  SECTION  FIFTY  OF  THIS
CHAPTER;  OR (II) A PUBLIC EMPLOYER AUTHORIZED AS SET FORTH IN PARAGRAPH
A OF SUBDIVISION FOUR OF SECTION FIFTY OF THIS  CHAPTER  TO  SELF-INSURE
UNDER SUBDIVISION THREE, THREE-A OR FOUR OF SUCH SECTION OR ARTICLE FIVE
OF THIS CHAPTER, WHETHER INDIVIDUALLY OR AS A GROUP.
  S  2. The workers' compensation law is amended by adding a new section
15-a to read as follows:
  S 15-A. ASSESSMENT ON INSOLVENT GROUP SELF-INSURED TRUSTS. THE  LEGIS-
LATURE  FINDS THAT IN LIEU OF THE ASSESSMENTS UNDER SECTIONS FIFTEEN AND
ONE HUNDRED FIFTY-ONE OF THIS CHAPTER THAT SHALL NO LONGER BE IMPOSED ON
CLOSED GROUP SELF-INSURED TRUSTS AS A RESULT OF THE CHAPTER OF THE  LAWS
OF  TWO  THOUSAND  ELEVEN WHICH ADDED THIS SECTION, THE MEMBERS OF GROUP
SELF-INSURED TRUSTS THAT WERE INSOLVENT UPON CLOSING, AND THAT  FAIL  TO
PAY  THEIR  OBLIGATIONS  WITHIN  THE  PERIODS SPECIFIED BY THIS SECTION,
SHALL BE SUBJECT TO A ONE TIME  ASSESSMENT  PURSUANT  TO  THIS  SECTION.
WITHIN THIRTY DAYS OF JANUARY FIRST, TWO THOUSAND SIXTEEN, ALL EMPLOYERS
WHO WERE MEMBERS OF A CLOSED GROUP SELF-INSURED TRUST THAT WAS INSOLVENT
AT THE TIME THE GROUP WAS CLOSED SHALL BE SUBJECT TO AN ASSESSMENT UNDER
THIS  SECTION,  EXCEPT FOR THOSE EMPLOYERS THAT: (1) HAVE ENTERED INTO A
SETTLEMENT AGREEMENT OR PAYMENT PLAN WITH THE  BOARD  UNDER  WHICH  THEY
HAVE  AGREED  TO  RESOLVE  ALL  LIABILITIES  FROM THE MEMBERSHIP IN SUCH
TRUST, AND REMAIN CURRENT IN THEIR PAYMENTS; (2) ARE MEMBERS OF A  GROUP
SELF-INSURER THAT HAS TRANSFERRED ALL OF ITS LIABILITIES TRANSFERRED VIA
A  LOSS  PORTFOLIO  TRANSFER; OR (3) HAVE PAID ALL MONEYS BILLED THEM BY
THE BOARD AT THE TIME SUCH ASSESSMENT  IS  DUE.  FOR  PURPOSES  OF  THIS
SECTION,  INSOLVENT  MEANS THE INABILITY OF A PRIVATE GROUP SELF-INSURED
TRUST TO PAY ITS OUTSTANDING LAWFUL OBLIGATIONS UNDER  THIS  CHAPTER  AS
THEY  MATURE  IN THE REGULAR COURSE OF BUSINESS, AS MAY BE SHOWN BY: (I)
THE SELF-INSURER BEING UNDERFUNDED AS DEFINED IN SUBDIVISION THREE-A  OF
SECTION  FIFTY  OF  THIS CHAPTER; AND (II) THE SUM OF THE GROUP SELF-IN-
SURED TRUST'S ASSETS, AS DEFINED BY REGULATION OF THE  CHAIR,  PLUS  THE
AVAILABLE  SECURITY  DEPOSIT  HELD  BY THE CHAIR PURSUANT TO SUBDIVISION
THREE-A OF SECTION FIFTY OF THIS CHAPTER AND REGULATION  OF  THE  CHAIR,

S. 2807--C                         15                         A. 4007--C

BEING  LESS THAN THE TOTAL COST OF ALL OF THE GROUP SELF-INSURED TRUST'S
ANTICIPATED WORKERS' COMPENSATION LIABILITIES, AS DEFINED BY BOARD REGU-
LATIONS, THAT WILL ACCRUE WITHIN THE SUCCEEDING SIX MONTHS. THE TOTAL OF
SUCH  ASSESSMENT SHALL BE DETERMINED BY THE PERCENTAGE OF THE ASSESSMENT
LEVIED ON ALL EMPLOYERS UNDER SUBDIVISION EIGHT OF  SECTION  FIFTEEN  OF
THIS  ARTICLE  IN TWO THOUSAND TEN THAT WAS LEVIED ON GROUP SELF-INSURED
TRUSTS MULTIPLIED BY THE TOTAL AMOUNT OF THE EMPLOYER'S UNPAID PRO  RATA
SHARE  OF  ANY DEFICIT OWED BY THE CLOSED GROUP SELF-INSURED EMPLOYER OF
WHICH SUCH EMPLOYER WAS A MEMBER, AS DETERMINED BY THE CHAIR. THE AMOUNT
RECEIVED ON SUCH ASSESSMENT SHALL BE  USED  AS  AN  OFFSET  AGAINST  THE
ASSESSMENTS  IMPOSED  ON  OTHER  EMPLOYERS  UNDER  SUBDIVISION  EIGHT OF
SECTION FIFTEEN OF THIS ARTICLE AND SECTION  ONE  HUNDRED  FIFTY-ONE  OF
THIS  CHAPTER  IN  THE  CALENDAR YEAR FOLLOWING THE YEAR IN WHICH IT WAS
RECEIVED.
  S 3. Subdivision 3 of section 50 of the workers' compensation law,  as
amended  by chapter 6 of the laws of 2007, the second undesignated para-
graph as amended by section 3 of part R of chapter 56  of  the  laws  of
2010, is amended to read as follows:
  3.  By  furnishing  satisfactory  proof  to the chair of his financial
ability to pay such compensation for himself, OR  TO  PAY  SUCH  COMPEN-
SATION  ON BEHALF OF A GROUP OF EMPLOYERS IN ACCORDANCE WITH SUBDIVISION
TEN OF THIS SECTION, in which case the chair shall require  the  deposit
with the chair of such securities as the chair may deem necessary of the
kind  prescribed  in  subdivisions  one,  two, three, four and five, and
subparagraph (a) of paragraph three of subdivision seven of section  two
hundred  thirty-five  of the banking law, or the deposit of cash, or the
filing of irrevocable letters of credit issued by  a  qualified  banking
institution  as  defined by rules promulgated by the chair or the filing
of a bond of a surety company authorized to transact  business  in  this
state,  in  an  amount to be determined by the chair, or the posting and
filing as aforesaid of a combination of such  securities,  cash,  irrev-
ocable  letters  of credit and surety bond in an amount to be determined
by the chair, to secure his liability to pay the  compensation  provided
in this chapter. Any such surety bond must be approved as to form by the
chair.  If  an employer OR GROUP OF EMPLOYERS posts and files a combina-
tion of securities, cash, irrevocable letters of credit and surety  bond
as  aforesaid,  and  if  it becomes necessary to use the same to pay the
compensation provided in this chapter, the chair shall  first  use  such
securities  or  cash or irrevocable letters of credit and, when the full
amount thereof has been exhausted, he shall then require the  surety  to
pay  forthwith to the chair all or any part of the penal sum of the bond
for that purpose. The chair may also require an agreement on the part of
the employer OR GROUP OF EMPLOYERS to  pay  any  awards  commuted  under
section twenty-seven of this chapter, into the special fund of the state
fund,  as  a condition of his being allowed to remain uninsured pursuant
to this section. The chair shall have the authority to deny the applica-
tion of an employer OR GROUP OF EMPLOYERS to pay such  compensation  for
himself  or  to  revoke his consent furnished, under this section at any
time, for good cause shown. The employer OR GROUP OF EMPLOYERS  qualify-
ing under this subdivision shall be known as a self-insurer.
  If  for  any  reason  the  status of an employer OR GROUP OF EMPLOYERS
under this subdivision is terminated, the securities or the surety bond,
or the securities, cash, or irrevocable letters  of  credit  and  surety
bond,  on  deposit referred to herein shall remain in the custody of the
chair for such time as the chair may deem proper and warranted under the
circumstances. In lieu thereof, and at the discretion of the chair,  the

S. 2807--C                         16                         A. 4007--C

employer, his or her heirs or assigns or others carrying on or liquidat-
ing  such  business,  may execute an assumption of workers' compensation
liability insurance policy securing such further and  future  contingent
liability as may arise from prior injuries to workers and be incurred by
reason  of  any change in condition of such workers warranting the board
making subsequent awards for payment of  additional  compensation.  Such
policy  shall  be  in a form approved by the superintendent of insurance
and issued by the state fund or any insurance company licensed to  issue
this  class of insurance in this state. In the event that such policy is
issued by an insurance company other than  the  state  fund,  then  said
policy  shall  be  deemed  of the kind specified in paragraph fifteen of
subsection (a) of section one  thousand  one  hundred  thirteen  of  the
insurance  law and covered by the workers' compensation security fund as
created and governed by article six-A of this chapter. It shall only  be
issued  for a single complete premium payment in advance by the employer
OR GROUP OF EMPLOYERS and in an amount deemed acceptable  by  the  chair
and  the  superintendent of insurance. In lieu of the applicable premium
charge ordinarily required to be imposed  by  a  carrier,  said  premium
shall include a surcharge in an amount to be determined by the chair to:
(i)  satisfy  all assessment liability due and owing to the board and/or
the chair under this chapter; and (ii)  satisfy  all  future  assessment
liability under this section, AND WHICH SURCHARGE SHALL BE ADJUSTED FROM
TIME  TO TIME TO REFLECT ANY CHANGES TO THE ASSESSMENT OF GROUP SELF-IN-
SURED EMPLOYERS, INCLUDING ANY CHANGES ENACTED BY  THE  CHAPTER  OF  THE
LAWS  OF  TWO  THOUSAND ELEVEN AMENDING SECTIONS FIFTEEN AND ONE HUNDRED
FIFTY-ONE OF THIS CHAPTER.  Said surcharge shall be payable to the board
simultaneous to the execution of the assumption of workers' compensation
liability insurance policy. However, the payment of said surcharge  does
not  relieve  the  carrier from any other liability, including liability
owed to the superintendent of  insurance  pursuant  to  article  [six-a]
SIX-A of this chapter.  When issued such policy shall be non-cancellable
without  recourse  for any cause during the continuance of the liability
secured and so covered.
  [The board will report to the  governor  and  the  legislature  on  or
before  December  first,  two thousand seven, as to the advisability and
feasibility of (1) implementing a statewide self-insured  employer  bond
program, and (2) an improved individual employer bond program.]
  S  4.  Paragraph  9  of  subdivision 3-a of section 50 of the workers'
compensation law is REPEALED and paragraph 2  and  subparagraph  (a)  of
paragraph  7, paragraph 2 as amended by chapter 139 of the laws of 2008,
and subparagraph (a) of paragraph 7 as amended by section 4 of part R of
chapter 56 of the laws of 2010, are amended and three new paragraphs 10,
11 and 12 are added to read as follows:
  (2) (a) Any group consisting exclusively of such employers may adopt a
plan for self-insurance, as a group, for  the  payment  of  compensation
under  this  chapter  to  their employees, except that no new groups may
adopt such a plan [prior to April first,  two  thousand  nine],  AND  NO
GROUP NOT COMPOSED SOLELY OF PUBLIC ENTITIES SET FORTH IN PARAGRAPH A OF
SUBDIVISION  FOUR  OF  THIS  SECTION  MAY INSURE ANY LIABILITIES FOR ANY
EMPLOYERS ON AND AFTER JANUARY FIRST, TWO  THOUSAND  TWELVE,  EXCEPT  AS
PROVIDED  FOR  IN PARAGRAPH TEN OF THIS SUBDIVISION. Under such plan the
group shall assume the liability of all the employers within  the  group
and  pay  all compensation for which the said employers are liable under
this chapter, except that in the case of municipal corporations as here-
in defined no proof of financial ability or  deposit  of  securities  or
cash need be made in compliance with this subdivision.  The group quali-

S. 2807--C                         17                         A. 4007--C

fying  under this subdivision shall be known as a group self-insurer and
the employers participating therein and covered thereby shall  be  known
as members.
  (b)  Where  such  plan is adopted the group self-insurer shall furnish
satisfactory proof to the chair of its financial  ability  to  pay  such
compensation  for  the members in the industry covered by it, its reven-
ues, their source and assurance of continuance. The chair shall  require
the deposit with the chair of such securities as may be deemed necessary
of  the  kind prescribed in subdivisions one, two, three, four and five,
and subparagraph (a) of paragraph three of subdivision seven of  section
two hundred thirty-five of the banking law or the deposit of cash or the
filing  of  irrevocable  letters of credit issued by a qualified banking
institution as defined by rules promulgated by the chair or  the  filing
of  a  bond  of a surety company authorized to transact business in this
state, in an amount to be determined to secure its liability to pay  the
compensation  of each employer as above provided.  Such surety bond must
be approved as to form by the chair. The chair shall require each  group
self-insurer  to  provide  regular  reports no less than annually, which
shall include but not be limited to audited financial statements,  actu-
arial opinions and payroll information containing proof that it is fully
funded.  Such  reports  shall  also include a contribution year analysis
detailing contributions  and  expenses  associated  with  each  specific
contribution  year.  For  purposes of this paragraph, proof that a group
self-insurer is fully funded shall at a minimum include proof  of  unre-
stricted cash and investments permitted by regulation of the chair of at
least  one hundred percent of the total liabilities, including the esti-
mate presented in the actuarial opinion submitted by the group  self-in-
surer  in accordance with this chapter. The chair by regulation, may set
further financial standards for group self-insurers. Any group  self-in-
surer  that fails to show that it is fully funded shall be deemed under-
funded, and must submit a plan for achieving fully funded  status  which
may  include  a deficit assessment on members of such group self-insurer
which shall be subject to approval or modification by  the  chair.  [The
chair  may impose such limitations on admission of new members or offer-
ing of discounts on underfunded group self-insurers to insure that  such
group self-insurers shall become fully funded. Should the group self-in-
surer  fail  to  meet the terms of its plan, the chair may condition its
continued authorization to act as a group self-insurer on  the  appoint-
ment  of  an  outside  monitor selected by the chair, at the group self-
insurer's expense. Effective January first, two thousand  fourteen,  any
group  self-insurer  that fails to show it is fully funded in accordance
with this paragraph and the regulations issued  pursuant  thereto  shall
have  one  year  to cure the deficiency. If such deficiency is not cured
within one yea